[ ] is old law to be omitted.
LBD12670-03-6
S. 9005--B 2
ing the liquor authority to change the duration of certain licenses
(Subpart C); to amend the alcoholic beverage control law, in relation
to expanding the ability of certain persons who sell alcohol to set
the price of said alcohol (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 alco-
holic 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 alcoholic 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 authoriz-
ing manufacturers 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 facil-
ity 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); intentionally omitted (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 prohibiting the
suppression of voters (Part R); intentionally omitted (Part S); inten-
tionally omitted (Part T); to amend the executive law and the legisla-
tive law, in relation to education and training 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, the
administrative code of the city of New York, the executive law and the
legislative law, in relation to making conforming technical changes
(Part V); to amend the workers' compensation law, in relation to the
assessment of workers' compensation fraud and establishing the fraud
assessment commission; and to amend the state finance law, in relation
to establishing the workers' compensation fraud investigation and
prosecution fund (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); intentionally omitted (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
S. 9005--B 3
relation to extending the effectiveness thereof; and to amend the
state finance law, in relation to the definition of procurement
contracts (Part BB); to amend the state finance law, in relation to no
longer requiring certain commodities be purchased through the correc-
tional industries program; and to amend chapter 83 of the laws of 1995
amending the state finance law and other laws relating to bonds, notes
and revenues, in relation to the effectiveness of certain provisions
thereof (Part CC); intentionally omitted (Part DD); intentionally
omitted (Part EE); in relation to providing for the administration of
certain funds and accounts related to the 2026--2027 budget, authoriz-
ing 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 universi-
ty 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 spon-
sored community colleges; to amend part D of chapter 63 of the laws of
2005, relating to the composition and responsibilities of the New York
state higher education capital matching grant board, in relation to
the amount of award matching capital grants; to amend chapter 392 of
the laws of 1973 constituting the New York state medical care facili-
ties 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 adminis-
tration 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 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 the urban development corporation act, in relation
to the issuance of bonds and notes to fund costs for statewide equip-
ment; to amend the public authorities law, in relation to the issuance
of bonds for purposes of financing environmental infrastructure
projects; to amend part D of chapter 389 of the laws of 1997, relating
to the financing of the correctional facilities improvement fund and
the youth facility improvement fund, in relation to the issuance of
bonds and notes for the youth facilities improvement fund; to amend
the public authorities law, in relation to the issuance of bonds and
notes for the purpose of financing peace bridge projects and capital
costs of state and local highways; to amend 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 issu-
ance of bonds and notes for the purpose of financing capital projects
for the division of military and naval affairs; to amend the urban
S. 9005--B 4
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, community 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 authori-
ties law, in relation to authorization for the issuance of bonds for
the capital restructuring financing program, the health care facility
transformation 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 initi-
atives of the state police; 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); in relation to establishing the New York state
aid and incentives for municipalities redesign task force; and provid-
ing for the repeal of such provisions upon expiration thereof (Part
GG); to amend the election law, in relation to establishing the
election security navigator program (Part HH); to amend the general
municipal law and the executive law, in relation to extending the term
and authority of the independent monitor for the Orange county indus-
trial development agency, and modifying the applicability of certain
tax exemptions based on population; to amend part III of chapter 58 of
the laws of 2023, amending the general municipal law and the executive
law relating to directing the state inspector general to appoint an
independent monitor for the Orange county industrial development agen-
cy, in relation to the effectiveness thereof; and providing for the
repeal of certain provisions upon the expiration thereof (Part II); to
amend the military law, in relation to authorizing additional paid
leave for public employees who are absent on military duty (Part JJ);
to amend the correction law, in relation to creating an identification
card program for incarcerated individuals in local correctional facil-
ities; and to amend the vehicle and traffic law, in relation to issu-
ance of and waiver of fees for identification cards issued pursuant to
identification card programs under the correction law (Part KK); to
amend the correction law, in relation to promoting the health, safety,
and human rights of incarcerated pregnant individuals, incarcerated
birthing parents of children and their children (Part LL); to amend
the state finance law, in relation to the usage of funds in the New
York state cannabis revenue fund (Part MM); to amend the veterans'
services law, in relation to establishing a searchable database of
veteran-owned businesses (Part NN); to amend the retirement and social
security law, in relation to the treatment of prior service with
certain agencies by the New York city police pension fund (Part OO);
to amend the retirement and social security law, in relation to the
retirement of state, county and municipal 911 operators and dispatch-
ers (Part PP); to amend the retirement and social security law, in
relation to the restoration of 20 year service retirement for certain
New York city corrections officers and sanitation workers (Part QQ);
to amend the workers' compensation law, in relation to the parties'
rights to a hearing upon application to the workers' compensation
S. 9005--B 5
board and requiring a record of all hearings held (Part RR); to amend
the retirement and social security law, in relation to the eligibility
of certain participants in the New York city employees' retirement
system to opt into the twenty-five year retirement program for EMT
members (Part SS); to amend the retirement and social security law, in
relation to increasing the earning limitations for retired persons in
positions of public service (Part TT); to amend the civil service law,
in relation to ensuring identical health benefits for skilled nursing
care for public retirees (Part UU); to amend the state finance law, in
relation to authorizing local government citizens re-organization
empowerment grants to be used for school district reorganization for
costs of studies and plans necessary for school district reorganiza-
tion that are not otherwise aidable (Part VV); to amend the retirement
and social security law and the administrative code of the city of New
York, in relation to the establishment of twenty-five year retirement
programs for members of the New York city employees' retirement system
employed as water supply police; and in relation to providing for
employer pick up, pursuant to provisions of the internal revenue code,
of certain additional member contributions required to be made by
certain participants in the twenty-five year retirement programs; and
providing for the repeal of certain provisions upon expiration thereof
(Part WW); to amend the retirement and social security law, in
relation to service rendered by police officers in the agency police
services unit (Part XX); to amend the executive law, in relation to
establishing the office of Native American affairs (Part YY); to amend
the real property tax law, in relation to including all lands in
Ulster county as being subject to taxation (Part ZZ); to amend the
state finance law, in relation to aid and incentives for munici-
palities to the city of New York (Part AAA); and to amend the real
property tax law, in relation to assessment and taxation of lessees
and users of certain tax exempt property (Part BBB)
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 BBB. The effec-
tive date for each particular provision contained within such Part is
set forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. Section 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:
S. 9005--B 6
§ 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. Each component 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
Section 1. Subdivision 3-a of section 265.00 of the penal law, as
added by chapter 134 of the laws of 2019, is amended and two new subdi-
visions 37 and 38 are added to read as follows:
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.
S. 9005--B 7
37. "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.
38. "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.
§ 2. Section 265.10 of the penal law is amended by adding two new
subdivisions 10 and 11 to read as follows:
10. 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.
11. 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. Intentionally omitted.
§ 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
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,
S. 9005--B 8
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
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
S. 9005--B 9
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, TEN OR ELEVEN 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 manufac-
ture, 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. Intentionally omitted.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law.
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
S. 9005--B 10
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
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, SECTION THREE HUNDRED
NINETY-SIX-EEEE, AND ARTICLE THIRTY-NINE-DDD 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
S. 9005--B 11
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 GUN INDUSTRY MEMBER DETERMINED BY A COURT TO HAVE VIOLATED THIS
ARTICLE SHALL BE LIABLE TO THE PEOPLE OF THE STATE OF NEW YORK FOR A
CIVIL PENALTY OF FIVE THOUSAND DOLLARS FOR EACH QUALIFIED PRODUCT THAT
IS UNLAWFULLY SOLD, TRANSFERRED, IMPORTED, DISTRIBUTED, MANUFACTURED,
MARKETED, OR OFFERED FOR WHOLESALE OR RETAIL SALE IN NEW YORK STATE.
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.
§ 2-a. Section 898-a of the general business law, as added by chapter
237 of the laws of 2021, subdivision 2 as amended by chapter 429 of the
laws of 2024 and subdivision 6 as amended by chapter 123 of the laws of
2024, is amended to read as follows:
§ 898-a. Definitions. For purposes of this article, the following
terms shall have the following meanings:
1. ["Deceptive] "UNFAIR, DECEPTIVE, OR ABUSIVE acts or practices"
shall have the same meaning as defined in article twenty-two-A of this
chapter.
2. "Reasonable controls and procedures" shall mean policies that
include, but are not limited to: (a) instituting screening, security,
inventory and other business practices to prevent thefts of qualified
products as well as sales OR DISTRIBUTION of qualified products to straw
purchasers, traffickers, persons prohibited from possessing firearms
under state or federal law, or persons at risk of injuring themselves or
others; (b) preventing UNFAIR, deceptive, OR ABUSIVE acts and practices
and false advertising and otherwise ensuring compliance with all
provisions of article twenty-two-A of this chapter; and (c) taking
reasonable steps to prevent the installation and use of a pistol
converter, as defined in section 265.00 of the penal law, on qualified
products.
S. 9005--B 12
3. "False advertising" shall have the same meaning as defined in arti-
cle twenty-two-A of this chapter.
4. "Gun industry member" shall mean a person, firm, corporation,
company, partnership, society, joint stock company or any other entity
or association engaged in the sale, manufacturing, distribution, import-
ing or marketing of firearms, ammunition, ammunition magazines, [and]
firearms accessories, FIREARM COMPONENT PARTS, DIGITAL FIREARM MANUFAC-
TURING CODE, OR COMPUTER NUMERICAL CONTROL (CNC) MILLING MACHINES OR
THREE-DIMENSIONAL PRINTERS THAT HAVE THE SOLE OR PRIMARY FUNCTION OF
MANUFACTURING FIREARMS.
5. The terms "knowingly" and "recklessly" shall have the same meaning
as defined in section 15.05 of the penal law.
6. "Qualified product" shall mean a firearm, as defined in subpara-
graph (A) or (B) of 18 U.S.C. section 921(a)(3), including any antique
firearm, as defined in 18 U.S.C. section 921(a)(16), or ammunition, as
defined in 18 U.S.C. section 921(a)(17)(A), or a component part of a
firearm or ammunition, OR DIGITAL FIREARM MANUFACTURING CODE, OR A
COMPUTER NUMERICAL CONTROL (CNC) MILLING MACHINE OR THREE-DIMENSIONAL
PRINTER THAT HAS THE SOLE OR PRIMARY FUNCTION OF MANUFACTURING FIREARMS.
7. "DIGITAL FIREARM MANUFACTURING CODE" SHALL MEAN 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, AS THOSE TERMS ARE DEFINED IN SECTION 265.00 OF
THE PENAL LAW.
§ 2-b. Section 898-b of the general business law, as added by chapter
237 of the laws of 2021, is amended to read as follows:
§ 898-b. Prohibited activities. 1. No gun industry member, by conduct
either unlawful in itself or unreasonable under all the circumstances
shall knowingly or recklessly create, maintain or contribute to a condi-
tion in New York state that endangers the safety or health of the public
through the sale, manufacturing, importing, DISTRIBUTION, or marketing
of a qualified product.
2. All gun industry members who manufacture, market, import, DISTRIB-
UTE, or offer for wholesale or retail sale any qualified product in
New York state shall establish and utilize reasonable controls and
procedures to prevent its qualified products from being possessed,
used, marketed or sold unlawfully in New York state.
§ 2-c. Section 898-d of the general business law, as added by chapter
237 of the laws of 2021, is amended to read as follows:
§ 898-d. Enforcement. Whenever there shall be a violation of this
article, the attorney general, in the name of the people of the state of
New York, or a city corporation counsel on behalf of the locality, may
bring an action in the supreme court or federal district court to enjoin
and restrain such violations and to obtain APPROPRIATE MONETARY RELIEF,
INCLUDING restitution and damages. IN ADDITION, ANY GUN INDUSTRY MEMBER
DETERMINED BY A COURT TO HAVE VIOLATED THIS ARTICLE SHALL BE LIABLE TO
THE PEOPLE OF THE STATE OF NEW YORK FOR A CIVIL PENALTY OF FIVE THOUSAND
DOLLARS FOR EACH QUALIFIED PRODUCT THAT IS UNLAWFULLY SOLD, TRANSFERRED,
IMPORTED, DISTRIBUTED, MANUFACTURED, MARKETED, OR OFFERED FOR WHOLESALE
OR RETAIL SALE IN NEW YORK STATE.
§ 3. This act shall take effect immediately; provided, however, that
section two of this act shall take effect one year after the promulga-
S. 9005--B 13
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
Intentionally Omitted
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
S. 9005--B 14
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.
(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.
S. 9005--B 15
(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.
(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:
S. 9005--B 16
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-
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.
S. 9005--B 17
(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;
(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
Intentionally Omitted
PART G
Intentionally Omitted
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,
S. 9005--B 18
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
Intentionally Omitted
PART J
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:
S. 9005--B 19
§ 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
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 penal law is amended by adding a new section 240.69 to
read as follows:
§ 240.69 UNLAWFUL OBSTRUCTION OF A PLACE OF RELIGIOUS WORSHIP.
1. A PERSON IS GUILTY OF UNLAWFUL OBSTRUCTION OF A PLACE OF RELIGIOUS
WORSHIP WHEN SUCH PERSON KNOWINGLY OR INTENTIONALLY OCCUPIES, OBSTRUCTS,
OR OTHERWISE INTERFERES WITH THE ENTRYWAY INTO OR EXIT FROM A PLACE OF
RELIGIOUS WORSHIP IN A MANNER THAT RENDERS PASSAGE BY ANOTHER PERSON
UNREASONABLY DIFFICULT, HAZARDOUS, OR EFFECTIVELY IMPRACTICABLE.
2. FOR PURPOSES OF THIS SECTION:
(A) "PLACE OF RELIGIOUS WORSHIP" MEANS 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 INSTRUCTION.
(B) "ENTRYWAY INTO OR EXIT FROM A PLACE OF RELIGIOUS WORSHIP" INCLUDES
ANY DRIVEWAY, PARKING LOT ENTRANCE OR EXIT, PUBLIC WAY, AND SIDEWALK
ADJACENT TO A PLACE OF RELIGIOUS WORSHIP.
UNLAWFUL OBSTRUCTION OF A PLACE OF RELIGIOUS WORSHIP IS A CLASS B
MISDEMEANOR.
§ 2. This act shall take effect immediately.
PART L
Intentionally Omitted
PART M
S. 9005--B 20
Intentionally Omitted
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
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 Part.
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;
S. 9005--B 21
(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. FOR PURPOSES OF THIS PARAGRAPH, FACTORS
FOR DETERMINING WHETHER LABELLING IS DIRECTED AT A CHILD AND/OR PERSONS
UNDER TWENTY-ONE YEARS OF AGE MAY INCLUDE, BUT NOT BE LIMITED TO:
(A) SUBJECT MATTER;
(B) VISUAL CONTENT;
(C) REPRESENTATIONS OF CHILDREN;
(D) PRESENCE OF CHILD AND TEEN CELEBRITIES OR CELEBRITIES WHO APPEAL
TO CHILDREN AND TEENS; AND
(E) LANGUAGE INCLUDING CLAIMS, BUZZWORDS, SAYINGS, AND/OR PHRASES THAT
ARE TRENDING SUCH AS COMMON COLLOQUIAL WORDS SPECIFIC TO THE AGE GROUP.
§ 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,
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. Section 101-b of the alcoholic beverage control law, as
amended by chapter 531 of the laws of 1964, subdivision 2 as amended by
chapter 669 of the laws of 1989, paragraph (a) of subdivision 3 as
amended and paragraph (e) of subdivision 3 as added by chapter 24 of the
laws of 2024, paragraph (b) of subdivision 3 as amended by section 1 and
paragraph (d) of subdivision 3 as added by section 2 of part E of chap-
ter 56 of the laws of 2006, subdivision 4 as amended by chapter 102 of
the laws of 1979, subdivision 4-a as added by chapter 891 of the laws of
1986, subdivision 5 as added and subdivisions 6 and 7 as renumbered by
chapter 769 of the laws of 1986, paragraphs (a) and (b) of subdivision 5
as amended by chapter 315 of the laws of 2022, and subdivision 6 as
amended by chapter 919 of the laws of 1976, is amended to read as
follows:
§ 101-b. Unlawful discriminations prohibited[; filing of schedules;
schedule listing fund]. 1. [It is the declared policy of the state that
it is necessary to regulate and control the manufacture, sale, and
S. 9005--B 22
distribution within the state of alcoholic beverages for the purpose of
fostering and promoting temperance in their consumption and respect for
and obedience to the law.] In order to eliminate [the undue stimulation
of sales of alcoholic beverages and] the practice of manufacturers and
wholesalers in granting discounts, rebates, allowances, free goods, and
other inducements to selected licensees, which contribute to a disorder-
ly distribution of alcoholic beverages, and which are detrimental to the
proper regulation of the liquor industry and contrary to the interests
of temperance, it is hereby further declared as the policy of the state
that the sale of alcoholic beverages should be subjected to certain
restrictions, prohibitions and regulations. The necessity for the enact-
ment of the provisions of this section is, therefore, declared as a
matter of legislative determination.
2. It shall be unlawful for any person who sells liquors or wines to
wholesalers or retailers [(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[; (b)
to grant, directly or indirectly, any discount, rebate, free goods,
allowance or other inducement of any kind whatsoever, except a discount
or discounts for quantity of liquor or for quantity of wine and a
discount not in excess of one per centum for payment on or before ten
days from date of shipment].
3. [(a) No brand of liquor or wine shall be sold to or purchased by a
wholesaler, irrespective of the place of sale or delivery, unless a
schedule, as provided by this section, is transmitted 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 wholesalers, the net bottle and case price paid by the
seller, which prices, in each instance, shall be individual 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. Such
brand of liquor or wine shall not be sold to wholesalers 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 incon-
sistent with the purpose of this chapter. Such schedule shall be trans-
mitted by (1) the owner of such brand, or (2) a wholesaler selling such
brand and who is designated as agent for the purpose of filing such
schedule if the owner of the brand is not licensed by the authority, or
(3) with the approval of the authority, by a wholesaler, in the event
that the owner of the brand is unable to transmit a schedule or desig-
nate an agent for such purpose.
(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
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
S. 9005--B 23
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. 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.
(c) Provided however, nothing contained in this section shall require
any manufacturer or wholesaler to list in any schedule to be filed
pursuant to this section any item offered for sale to a retailer under a
brand which is owned exclusively by one retailer and sold at retail
within the state exclusively by such retailer.
(d) The authority may make available the schedules in paragraphs (a)
and (b) of this subdivision to all licensed wholesaler or retail estab-
lishments by way of controlled internet access.
(e) As used in this subdivision the term "item" shall be deemed to
include a sealed, pre-wrapped package consisting of a sealed container
or containers of liquor, wine or wine products and other merchandise
reasonably used in connection with the preparation, storage, promotion,
gifting, or service of liquor, wine or wine products provided that such
other merchandise shall not be potable or edible; provided however that
any such wine, liquor or wine products sealed or pre-wrapped in combina-
tion with other items shall also be available individually for sale. For
the purposes of this section, gift and promotional items shall only
include those items that are complementary and directly associated with
the sale of wine or liquor they are gifting or promoting and shall mean:
(1) items that are de minimis in value, but in no instance shall
merchandise be valued at more than fifteen dollars in total; (2) items
that are imprinted with the wine or liquor brand logo on the gift or
promotional item; and (3) items that are included as part of a manufac-
tured pre-sealed package with the wine or liquor that is being gifted or
promoted. Further, for the purposes of this section, gift or promotional
items shall not include any food, non-alcoholic beverage, or other drink
or food mix, nor shall these items be offered for sale to the general
public as individual items.
4. Each such schedule required by paragraph (a) of subdivision three
of this section shall be filed on or before the twenty-fifth day of each
month and the prices and discounts set forth therein shall become effec-
tive on the first day of the second succeeding calendar month and shall
be in effect for such second succeeding calendar month. Each such sched-
ule required by paragraph (b) of subdivision three of this section shall
be filed on or before the fifth day of each month, and the prices and
discounts set forth therein shall become effective on the first day of
the calendar month following the filing thereof, and shall be in effect
for such calendar month. Within ten days after the filing of such sched-
ule the authority shall make them or a composite thereof available for
inspection by licensees. Within three business days after such
inspection is provided for, a wholesaler may amend his filed schedule
for sales to retailers in order to meet lower competing prices and
discounts for liquor or wine of the same brand or trade name, and of
like age and quality, filed pursuant to this section by any licensee
selling such brand, provided such amended prices are not lower and
S. 9005--B 24
discounts are not greater than those to be met. Any amended schedule so
filed shall become effective on the first day of the calendar month
following the filing thereof and shall be in effect for such calendar
month. All schedules filed shall be subject to public inspection, from
the time that they are required to be made available for inspection by
licensees, and shall not be considered confidential. Each manufacturer
and wholesaler shall retain in his licensed premises for inspection by
licensees a copy of his filed schedules as then in effect. The liquor
authority may make such rules as shall be appropriate to carry out the
purpose of this section.
4-a.] No licensee shall refuse to sell any brand of liquor or wine to
any licensee authorized to purchase such brand of liquor or wine from
such licensee at the price listed in the schedule of prices of such
brand of liquor or wine [required to be filed] MAINTAINED by such licen-
see [with the authority pursuant to this section] ON THEIR RETAILER
ORDERING PLATFORM OR OTHER PRICE LIST SUCH LICENSEE MAKES AVAILABLE TO
RETAILERS, provided the purchaser pays cash therefor, and except as
herein provided.
(a) [A schedule of prices to wholesalers filed by the brand owner or
its agent with the authority, pursuant to this section, may limit the
distribution or resale of a brand to wholesalers by the filing by the
brand owner or its agent with the authority of the names, addresses and
license numbers of such wholesalers. Such list shall be filed each month
together with the schedule of prices, and no name shall be added thereto
or removed therefrom after filing except with permission of the authori-
ty.
(b) Only those wholesalers listed, pursuant to paragraph (a) of this
subdivision, may schedule the price to retailers for such brand, except
that when not inconsistent with the purpose of this section, the author-
ity may authorize any other wholesaler to schedule a price after
furnishing the quantity, source of purchase and any other information
the authority may require.
(c) When distribution or resale of a brand has been restricted, pursu-
ant to paragraph (a) of this subdivision, such brand shall not be sold
or purchased by any wholesalers who are not listed in accordance with
paragraph (a) of this subdivision.
(d) For good cause shown to the satisfaction of the authority, permis-
sion may be granted for the filing of schedules limiting the distrib-
ution or resale of a brand to retailers.
(e)] Manufacturers and wholesalers may not require or compel retailers
to purchase other brands in order to be able to buy a particular brand.
[(f)] (B) Nothing contained in this subdivision shall be construed as
authority for permitting any conduct or activity by any brand owner or
its agent or any wholesaler of liquor or wine proscribed by the anti-
trust laws of this state or the United States.
[(g)] (C) If any provision of any paragraph of this subdivision or any
subdivision of this section or the application thereof to any person or
circumstance shall be adjudged invalid by a court of competent jurisdic-
tion, such order or judgment shall be confined in its operation to the
controversy in which it was rendered and shall not affect or invalidate
the remainder of any provision of this subdivision or any subdivision of
this section or the application of any part thereof to any other person
or circumstance and to this end the provisions of each paragraph of this
subdivision and each subdivision of this section are hereby declared to
be severable.
S. 9005--B 25
[5. (a) (i) Notwithstanding any other provision of law, each such
schedule required by paragraph (a) of subdivision three of this section
which is filed by a micro-winery, winery, or farm winery, or a class A,
A-1, B, B-1, C, or D distiller shall be filed annually on or before the
twenty-fifth day of November. The prices and discounts set forth therein
shall become effective on the first day of the second succeeding calen-
dar month and shall remain in effect for such twelve succeeding calendar
months, unless a price change filing is made pursuant to subparagraph
(ii) of this paragraph.
(ii) A micro-winery, winery, or farm winery, or a class A, A-1, B,
B-1, C, or D distiller licensee may file a price schedule change at any
time between the required annual filings. Each such price schedule
change shall be filed on or before the twenty-fifth day of each month
for a change in prices to become effective on the first day of the
second succeeding calendar month and shall remain in effect until the
effective date of the next filing.
(b) (i) Notwithstanding any other provision of law, each such schedule
required by paragraph (b) of subdivision three of this section which is
filed by a micro-winery, winery, or farm winery licensee, or a class A,
A-1, B, B-1, C, or D distiller shall be filed annually on or before the
fifth day of December. The prices and discounts set forth therein shall
become effective on the first day of the calendar month following the
filing thereof, and shall remain in effect for such twelve succeeding
calendar months, unless a price change filing is made pursuant to
subparagraph (ii) of this paragraph.
(ii) A micro-winery, winery, or farm winery, or a class A, A-1, B,
B-1, C, or D distiller licensee may file a price schedule change at any
time between the required annual filings. Each such price schedule
change shall be filed on or before the fifth day of each month for a
change in prices to become effective on the first day of the calendar
month following the filing thereof and shall remain in effect until the
effective date of the next filing.
(c) Within ten days after the filing of such schedules the authority
shall make them or a composite thereof available for inspection by
licensees. Within three business days after such inspection is provided
for, a wholesaler may amend his filed schedule for sales to retailers in
order to meet lower competing prices and discounts for wine of the same
brand or trade name, and of like age and quality, filed pursuant to this
section by any licensee selling such brand, provided such amended prices
are not lower and discounts are not greater than those to be met. Any
amended schedule so filed shall become effective on the first day of the
calendar month following the filing thereof and shall be in effect until
the effective date of the next filing.
(d) All schedules filed shall be subject to public inspection, from
the time that they are required to be made available for inspection by
licensees, and shall not be considered confidential. Each manufacturer
and wholesaler shall retain in his licensed premises for inspection by
licensees a copy of his filed schedules as then in effect. The liquor
authority may make such rules as shall be appropriate to carry out the
purpose of this subdivision.
6. For the purpose of raising the moneys necessary to defray the
expenses incurred in the administration of this section, on or before
the tenth day after this act becomes a law, there shall be paid to the
liquor authority by each manufacturer and wholesaler licensed under this
chapter to sell to retailers liquors and/or wines, a sum equivalent to
fifteen per centum of the annual license fee prescribed by this chapter
S. 9005--B 26
for each such licensee. A like sum shall be paid by each person hereaft-
er applying for any such license or the renewal of any such license, and
such sum shall accompany the application and the license fee prescribed
by this chapter for such license or renewal as the case may be. In the
event that any other law requires the payment of a fee by any such
licensee or applicant as set forth in this section for schedule listing,
then and in such event the total fee imposed by this section and such
other law or laws on each such licensee shall not exceed in the aggre-
gate a sum equivalent to fifteen per centum of the annual license fee
prescribed by this chapter for such license.
7.] 4. The authority may revoke, cancel or suspend any license issued
pursuant to this chapter, and may recover (as provided in section one
hundred twelve of this chapter) the penal sum of the bond filed by a
licensee, or both, for any sale or purchase in violation of any of the
provisions of this section or [for making a false statement in any sche-
dule filed pursuant to this section or] for failing or refusing in any
manner to comply with any of the provisions of this section.
§ 2. The opening paragraph of subdivision 4 of section 107-a of the
alcoholic beverage control law, as amended by chapter 354 of the laws of
2013, is amended to read as follows:
An application for registration of a brand or trade name label shall
be filed by (1) the owner of the brand or trade name if such owner is
licensed by the authority, or (2) a wholesaler selling such brand who is
appointed as exclusive agent, in writing, by the owner of the brand or
trade name for the purpose of filing such application, if the owner of
the brand or trade name is not licensed by the authority, or (3) any
wholesaler, with the approval of the authority, in the event that the
owner of the brand or trade name does not file or is unable to file such
application or designate an agent for such purposes, or (4) any whole-
saler, with the approval of the authority, in the event that the owner
of the brand or trade name is a retailer who does not file such applica-
tion, provided that the retailer shall consent to such filing by such
wholesaler. Such retailer may revoke his consent at any time, upon writ-
ten notice to the authority and to such wholesaler.
[Unless otherwise permitted or required by the authority, the applica-
tion for registration of a liquor or wine brand or trade name label
filed pursuant to this section shall be filed by the same licensee
filing schedules pursuant to section one hundred one-b of this article.]
Cordials and wines which differ only as to fluid content, age, or
vintage year, as defined by such regulations, shall be considered the
same brand; and those that differ as to type or class may be considered
the same brand by the authority where consistent with the purposes of
this section.
§ 3. This act shall take effect immediately.
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-
S. 9005--B 27
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-
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
S. 9005--B 28
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
(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 four new subdivisions 4, 5, 6 and 7 to read as follows:
4. ANY PERSON HOLDING A VALID WAREHOUSE PERMIT PURSUANT TO THIS
SECTION WITH THE EXCEPTION OF A PERSON DEFINED AS A MARKETPLACE PROVID-
ER, 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
S. 9005--B 29
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
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. FOR PURPOSES OF THIS SECTION, A "MARKETPLACE PROVIDER" IS A PERSON
WHO MEETS THE DEFINITION SET FORTH IN PARAGRAPH ONE OF SUBDIVISION (E)
OF SECTION ELEVEN HUNDRED ONE OF THE TAX LAW.
6. THE AUTHORITY AND THE DEPARTMENT OF TAXATION AND FINANCE MAY
PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS
SECTION.
7. 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
S. 9005--B 30
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;
§ 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,
S. 9005--B 31
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
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,
S. 9005--B 32
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
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
S. 9005--B 33
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-
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
S. 9005--B 34
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
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;
S. 9005--B 35
(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-
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.
S. 9005--B 36
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
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-
S. 9005--B 37
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
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
Part.
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.
S. 9005--B 38
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
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
S. 9005--B 39
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
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
S. 9005--B 40
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.
SERVERS AT SUCH EVENTS MUST BE PERSONS 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. 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-
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.
S. 9005--B 41
§ 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
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
S. 9005--B 42
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.
§ 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;
S. 9005--B 43
(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;
(E) THE PERSON MAKING THE SALE OF ALCOHOL MUST OBTAIN PROOF THAT THE
CUSTOMER IS A REGISTERED OVERNIGHT GUEST STAYING AT THE HOTEL AT THE
TIME OF THE SALE BY CHECKING THE CUSTOMER'S KEYCARD OR ANOTHER ITEM OR
DOCUMENT THAT WOULD PROVE THE CUSTOMER IS A REGISTERED GUEST AT THAT
TIME; AND
(F) 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
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
S. 9005--B 44
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
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
Intentionally omitted.
SUBPART H
Section 1. Subdivision 3 of section 17 of the alcoholic beverage
control law, as separately amended by section 3 of chapter 342 and
section 1 of chapter 656 of the laws of 2025, is amended to read as
follows:
S. 9005--B 45
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,
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
S. 9005--B 46
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, includ-
ing 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 admission revenue for the show-
ing 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
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
S. 9005--B 47
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 Part 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;
(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
S. 9005--B 48
(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-
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-
S. 9005--B 49
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-
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.
S. 9005--B 50
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
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-
S. 9005--B 51
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
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
S. 9005--B 52
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. This act shall be known and may be cited as the "deceptive
practices and voter suppression prevention act".
§ 2. The election law is amended by adding a new section 17-151 to
read as follows:
§ 17-151. DECEPTIVE PRACTICES. 1. ANY PERSON, POLITICAL COMMITTEE,
LABOR ORGANIZATION, CORPORATION, OR OTHER ENTITY, WHETHER ACTING UNDER
COLOR OF LAW OR OTHERWISE, WHO KNOWINGLY COMMUNICATES OR KNOWINGLY CAUS-
ES TO BE COMMUNICATED DECEPTIVE INFORMATION, KNOWING SUCH INFORMATION TO
BE FALSE AND, IN ACTING IN THE MANNER DESCRIBED, PREVENTS OR DETERS
ANOTHER PERSON FROM EXERCISING THE RIGHT TO VOTE IN ANY ELECTION, IS
GUILTY OF A MISDEMEANOR.
2. THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS SECTION: (A)
"DECEPTIVE INFORMATION" MEANS FALSE INFORMATION REGARDING: (I) THE TIME,
PLACE, OR MANNER OF ANY ELECTION; (II) THE QUALIFICATIONS FOR OR
RESTRICTIONS ON VOTER ELIGIBILITY FOR ANY ELECTION, INCLUDING ANY PENAL-
TIES ASSOCIATED WITH VOTING BY INELIGIBLE VOTERS; (III) INFORMATION
REGARDING A VOTER'S REGISTRATION STATUS OR ELIGIBILITY; OR (IV) THE
POLITICAL PARTY AFFILIATION OF ANY CANDIDATE; AND
(B) "ELECTION" AS USED IN THIS ARTICLE SHALL BE DEEMED TO APPLY TO AND
INCLUDE ALL ELECTIONS ADMINISTERED BY THE STATE OR CITY OF NEW YORK
BOARDS OF ELECTIONS, OR ANY COUNTY BOARD OF ELECTIONS, INCLUDING ANY
GENERAL, PRIMARY, RUN-OFF, OR SPECIAL ELECTION FOR ANY STATE OR LOCAL
OFFICE OR BALLOT PROPOSITION.
3. ANY PERSON AGGRIEVED BY A VIOLATION OF SUBDIVISION ONE OF THIS
SECTION MAY INSTITUTE A CIVIL ACTION OR OTHER PROPER PROCEEDING FOR
PREVENTATIVE RELIEF, OR MAY APPLY FOR A PERMANENT OR TEMPORARY INJUNC-
TION, RESTRAINING ORDER, DECLARATORY JUDGMENT, OR OTHER ORDER IN ANY
COURT WITH JURISDICTION PURSUANT TO SECTION 16-100 OF THIS CHAPTER.
4. 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.
5. 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.
6. 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.
§ 3. The election law is amended by adding a new section 17-153 to
read as follows:
§ 17-153. SUPPRESSION OF VOTERS. 1. ANY PERSON, POLITICAL COMMITTEE,
LABOR ORGANIZATION, CORPORATION, OR OTHER ENTITY WHO SUPPRESSES OR
THREATENS TO SUPPRESS THE RIGHT OF ANY PERSON TO LAWFULLY EXERCISE THEIR
FRANCHISE, OR IN ANY OTHER MANNER COMPELS SUCH PERSON TO VOTE OR TO
REFRAIN FROM VOTING FOR OR AGAINST A PARTICULAR CANDIDATE FOR PUBLIC
S. 9005--B 53
OFFICE OR FOR OR AGAINST A PARTICULAR BALLOT PROPOSITION IS GUILTY OF A
CLASS A MISDEMEANOR.
2. FOR PURPOSES OF THIS SECTION, THE TERM "SUPPRESS" SHALL MEAN TO USE
FORCE, AUTHORITY OR AN ABUSE OF POWER TO PREVENT, RESTRAIN, INHIBIT OR
COMPEL ANOTHER FROM ACTING IN SUCH PERSON'S OWN INTERESTS OR INTENTIONS,
OR INTO NOT ACTING AT ALL.
3. ANY PERSON, POLITICAL COMMITTEE, LABOR ORGANIZATION, OR CORPORATION
WHO ATTEMPTS TO COMMIT AN OFFENSE DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION IS GUILTY OF A CLASS B MISDEMEANOR.
4. 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.
5. 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.
§ 4. 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-
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 OFFENSE, SUCH PERSON
SHALL BE GUILTY OF A CLASS D FELONY.
§ 5. This act shall take effect immediately.
PART S
Intentionally Omitted
PART T
Intentionally Omitted
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
S. 9005--B 54
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)
of subdivision 1 as added by section 6, subdivision 2 as amended by
section 7, subdivision 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 subdi-
vision 3 as added by chapter 591 of the laws of 2023, 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-
S. 9005--B 55
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:
(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
S. 9005--B 56
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
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
S. 9005--B 57
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;
(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-
S. 9005--B 58
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
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
S. 9005--B 59
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, CANDIDATE FOR STATEWIDE
ELECTED OFFICE OR CANDIDATE FOR A MEMBER OF THE LEGISLATURE, on its
website for public review within thirty days of its receipt of such
statement or within ten days of its receipt of such amendment that
reflects any corrections of deficiencies identified by the commission or
by the reporting individual after the reporting individual's initial
filing. Except upon an individual determination by the commission that
certain information may be [deleted] REDACTED from a reporting individ-
ual'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.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
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.
S. 9005--B 60
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
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
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
__________________________________________________________________ ]
S. 9005--B 61
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 engaged in [by the report-
ing individual]. If such activity was licensed by any state or local
agency, was regulated by any state regulatory agency or local agen-
cy, or, as a regular and significant part of the business or activ-
ity of said entity, did business with, or had matters other than
ministerial matters before, any state or local agency, list the name
of any such agency.
Name & Address State or
Position of Organization Description Local Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) If [the] YOUR spouse, domestic partner or unemancipated child [of
the reporting individual] was engaged in any occupation, employment,
trade, business or profession which activity was licensed by any
state or local agency, was regulated by any state regulatory agency
or local agency, or, as a regular and significant part of the busi-
ness or activity of said entity, did business with, or had matters
other than ministerial matters before, any state or local agency,
list the name, address and description of such occupation, employ-
ment, trade, business or profession and the name of any such agency.
State or
Name & Address Local
Position of Organization Description Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
6. List any [interest] 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
S. 9005--B 62
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.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
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.
S. 9005--B 63
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(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
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
S. 9005--B 64
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(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-
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)]
S. 9005--B 65
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(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);
* 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-
S. 9005--B 66
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
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
S. 9005--B 67
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
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
S. 9005--B 68
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;
(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
S. 9005--B 69
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.
CLIENT NAME OF LOBBYIST DESCRIPTION CATEGORY OF AMOUNT
OF MATTER
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
9. List each source of gifts, EXCLUDING GIFTS FROM A RELATIVE OR
DOMESTIC PARTNER, REIMBURSEMENTS AS DEFINED IN QUESTION 10, AND campaign
contributions, in EXCESS of [$1,000] $2,000, received during the report-
ing period for which this statement is filed by [the reporting individ-
ual] YOU or [such individual's] YOUR spouse, domestic partner or uneman-
cipated child from the same donor[, EXCLUDING gifts from a relative].
INCLUDE the name and address of the donor. [The term "gifts" does not
include reimbursements, which term is defined in item 10.] Indicate the
value and nature of each such gift.
S. 9005--B 70
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.
Category
Identity of Value*
[(In Table II)]
S. 9005--B 71
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
* 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
received in connection with a matrimonial action, alimony and child
support payments shall not be listed.
Self/ Category
Spouse Source Nature of Amount
S. 9005--B 72
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
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
S. 9005--B 73
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,
AND/OR SYNCHRONIZE TRANSACTIONS INVOLVING DIGITAL ASSETS OR VIRTUAL
CURRENCIES.
Percentage
of corporate
S. 9005--B 74
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 OR [(In Table II)]
Domestic DIGITAL
Partner ASSET
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
[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;
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
S. 9005--B 75
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
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
S. 9005--B 76
[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
unethical or illegal conduct or behavior will be drawn merely from
compliance with these requirements.
___________________________________ _________________________
(Signature of Reporting Individual) Date (month/day/year)
S. 9005--B 77
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] 35,000
CATEGORY D $ 35,000 TO UNDER $ 50,000
Category [F] E $ 50,000 to under $ 75,000
Category [G] F $ 75,000 to under $ 100,000
Category [H] G $ 100,000 to under $ 150,000
Category [I] H $ 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
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
S. 9005--B 78
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
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
S. 9005--B 79
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] I $ 250,000 to under $ 500,000
Category [K] J $ 500,000 to under $ 750,000
Category [L] K $ 750,000 to under $1,000,000
Category [M] L $1,000,000 to under $1,250,000
Category [N] M $1,250,000 to under $1,500,000
Category [O] N $1,500,000 to under $1,750,000
Category [P] O $1,750,000 to under $2,000,000
Category [Q] P $2,000,000 to under $2,250,000
Category [R] Q $2,250,000 to under $2,500,000
Category [S] R $2,500,000 to under $2,750,000
Category [T] S $2,750,000 to under $3,000,000
Category [U] T $3,000,000 to under $3,250,000
Category [V] U $3,250,000 to under $3,500,000
Category [W] V $3,500,000 to under $3,750,000
Category [X] W $3,750,000 to under $4,000,000
Category [Y] X $4,000,000 to under $4,250,000
Category [Z] Y $4,250,000 to under $4,500,000
Category [AA] Z $4,500,000 to under $4,750,000
Category [BB] AA $4,750,000 to under $5,000,000
Category [CC] BB $5,000,000 to under $5,250,000
Category [DD] CC $5,250,000 to under $5,500,000
Category [EE] DD $5,500,000 to under $5,750,000
Category [FF] EE $5,750,000 to under $6,000,000
Category [GG] FF $6,000,000 to under $6,250,000
Category [HH] GG $6,250,000 to under $6,500,000
Category [II] HH $6,500,000 to under $6,750,000
Category [JJ] II $6,750,000 to under $7,000,000
Category [KK] JJ $7,000,000 to under $7,250,000
Category [LL] KK $7,250,000 to under $7,500,000
Category [MM] LL $7,500,000 to under $7,750,000
Category [NN] MM $7,750,000 to under $8,000,000
Category [OO] NN $8,000,000 to under $8,250,000
Category [PP] OO $8,250,000 to under $8,500,000
Category [QQ] PP $8,500,000 to under $8,750,000
Category [RR] QQ $8,750,000 to under $9,000,000
Category [SS] RR $9,000,000 to under $9,250,000
Category [TT] SS $9,250,000 to under $9,500,000
Category [UU] TT $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
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-
S. 9005--B 80
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-
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-
S. 9005--B 81
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
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
S. 9005--B 82
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
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
S. 9005--B 83
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
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.
S. 9005--B 84
§ 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
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
S. 9005--B 85
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 subsection (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
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
S. 9005--B 86
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.
§ 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
S. 9005--B 87
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,
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
S. 9005--B 88
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
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
S. 9005--B 89
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.
§ 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
S. 9005--B 90
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
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
S. 9005--B 91
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,
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
S. 9005--B 92
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. Paragraph (b) of subdivision 13 of section 94 of the executive
law, as added by section 2 of part QQ of chapter 56 of the laws of 2022,
is amended to read as follows:
(b) The commission shall post on its website the following documents:
(i) the information set forth in an annual statement of financial
disclosure filed pursuant to section seventy-three-a of the public offi-
cers law except information deleted pursuant to paragraph (g) of subdi-
vision nine of this section of statewide elected officials and members
of the legislature, AND CANDIDATES FOR STATEWIDE ELECTED OFFICE AND
MEMBERS OF THE LEGISLATURE;
(ii) notices of delinquency sent under subdivision nine of this
section;
(iii) notices of civil assessments imposed under this section which
shall include a description of the nature of the alleged wrongdoing, the
procedural history of the complaint, the findings and determinations
made by the commission, and any sanction imposed;
(iv) the terms of any settlement or compromise of a complaint or
referral which includes a fine, penalty or other remedy;
(v) those required to be held or maintained publicly available pursu-
ant to article one-A of the legislative law; and
S. 9005--B 93
(vi) reports issued by the commission pursuant to this section.
§ 19. Paragraph g of subdivision 7 of section 80 of the legislative
law, as amended by section 4 of part QQ of chapter 56 of the laws of
2022, is amended to read as follows:
g. Make available forms for financial disclosure statements required
to be filed pursuant to subdivision six of section seventy-three and
section seventy-three-a of the public officers law [as provided by the
commission on ethics and lobbying in government];
§ 20. 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. Intentionally omitted.
§ 1-a. The workers' compensation law is amended by adding two new
sections 151-a and 151-b to read as follows:
§ 151-A. FRAUD ASSESSMENT COMMISSION. THERE IS HEREBY ESTABLISHED A
FRAUD ASSESSMENT COMMISSION, WHICH SHALL CONSIST OF ELEVEN MEMBERS
APPOINTED BY THE GOVERNOR AS FOLLOWS: ONE MEMBER DESIGNATED BY THE EXEC-
UTIVE DIRECTOR OF THE NEW YORK STATE INSURANCE FUND, ONE MEMBER DESIG-
NATED BY THE PRESIDENT OF THE NEW YORK STATE AFL-CIO, THREE MEMBERS THAT
REPRESENT UNIONS THAT PRIMARILY REPRESENT WORKERS IN NEW YORK STATE, TWO
MEMBERS FROM SELF-INSURED EMPLOYERS, TWO MEMBERS FROM INSURED EMPLOYERS,
ONE FROM AN INSURER, AND ONE ATTORNEY WHOSE PRACTICE IS PRIMARILY
FOCUSED ON REPRESENTING INJURED WORKERS. THE TERM OF OFFICE SHALL BE
FOUR YEARS, AND A MEMBER SHALL HOLD OFFICE UNTIL THE APPOINTMENT OF A
SUCCESSOR. THE CHAIR OF THE WORKERS' COMPENSATION BOARD, THE COMMISSION-
ER OF LABOR, AND THE WORKERS' COMPENSATION FRAUD INSPECTOR GENERAL SHALL
BE EX OFFICIO VOTING MEMBERS OF THE COMMISSION.
§ 151-B. ASSESSMENT FOR WORKERS' COMPENSATION FRAUD INVESTIGATIONS. TO
FUND THE INVESTIGATION AND PROSECUTION OF VIOLATIONS PUNISHABLE UNDER
SECTIONS THIRTEEN-A; THIRTEEN-D; THIRTEEN-I; THIRTEEN-K; THIRTEEN-L;
THIRTEEN-M; NINETEEN-A; TWENTY-FOUR; TWENTY-FOUR-A; THIRTY-ONE; FIFTY;
FIFTY-TWO; NINETY-FIVE; NINETY-SIX; ONE HUNDRED TEN; ONE HUNDRED TWEN-
TY-FIVE; ONE HUNDRED TWENTY-FIVE-A; ONE HUNDRED THIRTY-ONE; AND ONE
HUNDRED FIFTY-ONE; AND SUDIVISIONS TWO, THREE, FOUR, AND FIVE OF SECTION
ONE HUNDRED FOURTEEN OF THIS CHAPTER, THE CHAIR OF THE WORKERS' COMPEN-
SATION BOARD, IN CONSULTATION WITH THE WORKERS' COMPENSATION FRAUD
INSPECTOR GENERAL AND THE FRAUD ASSESSMENT COMMISSION SHALL ESTABLISH,
BY THE FIRST DAY OF NOVEMBER, TWO THOUSAND TWENTY-SIX, AND ANNUALLY
THEREAFTER, AN ASSESSMENT, NOT GREATER THAN 0.4%, FOR WORKERS' COMPEN-
SATION FRAUD INVESTIGATION AND PROSECUTION WHICH SHALL BE BORNE BY
EMPLOYERS SECURING COMPENSATION FOR THEIR EMPLOYEES PURSUANT TO SECTION
FIFTY OF THIS CHAPTER. THE ASSESSMENT FOR WORKERS' COMPENSATION FRAUD
INVESTIGATION AND PROSECUTION SHALL BE IN ADDITION TO ASSESSMENTS FOR
ANNUAL EXPENSES ESTABLISHED IN SECTION ONE HUNDRED FIFTY-ONE OF THIS
ARTICLE. ALL ASSESSMENTS COLLECTED PURSUANT TO THIS SECTION SHALL BE
CREDITED TO THE WORKERS' COMPENSATION FRAUD INVESTIGATION AND PROSE-
CUTION FUND UNDER SECTION NINETY-NINE-UU OF THE STATE FINANCE LAW AND
SHALL BE AVAILABLE FOR THE USES AND PURPOSES OF SUCH FUND.
§ 1-b. The state finance law is amended by adding a new section 99-uu
to read as follows:
S. 9005--B 94
§ 99-UU. WORKERS' COMPENSATION FRAUD INVESTIGATION AND PROSECUTION
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE CHAIR
OF THE WORKERS' COMPENSATION BOARD, THE COMMISSIONER OF LABOR, AND THE
COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "WORKERS' COMPENSATION
FRAUD INVESTIGATION AND PROSECUTION FUND".
2. SUCH FUND SHALL CONSIST OF MONIES RECEIVED FROM THE IMPOSITION OF
THE ASSESSMENT FOR WORKERS' COMPENSATION FRAUD INVESTIGATION AND PROSE-
CUTION PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE-B OF THE WORKERS'
COMPENSATION LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED, OR TRANS-
FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
3. MONIES IN THE FUND, PURSUANT TO APPROPRIATION BY THE LEGISLATURE,
ISSUANCE OF A CERTIFICATE OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET,
AND A DETERMINATION BY THE CHAIR OF THE WORKERS' COMPENSATION BOARD IN
CONSULTATION WITH THE INSPECTOR GENERAL, WITH THE ADVICE AND CONSENT OF
THE FRAUD ASSESSMENT COMMISSION AS TO THE MOST EFFECTIVE DISTRIBUTION OF
MONIES, MAY BE MADE AVAILABLE FOR PURPOSES OF THE INVESTIGATION AND
PROSECUTION OF WORKERS' COMPENSATION FRAUD CASES DESCRIBED IN SECTION
ONE HUNDRED FIFTY-ONE-A OF THE WORKERS' COMPENSATION LAW.
4. AT LEAST FIFTY PERCENT OF THE WORKERS' COMPENSATION FRAUD INVESTI-
GATION AND PROSECUTION FUND ESTABLISHED PURSUANT TO THIS SECTION SHALL
BE DISTRIBUTED TO DISTRICT ATTORNEYS FOR PURPOSES OF THE INVESTIGATION
AND PROSECUTION OF WORKERS' COMPENSATION FRAUD DESCRIBED IN SECTION ONE
HUNDRED FIFTY-ONE-A OF THE WORKERS' COMPENSATION LAW. IF A DISTRICT
ATTORNEY IS DETERMINED BY THE CHAIR OF THE WORKERS' COMPENSATION BOARD
OR THE WORKERS' COMPENSATION FRAUD INSPECTOR GENERAL TO BE UNWILLING OR
UNABLE TO INVESTIGATE AND PROSECUTE WORKERS' COMPENSATION FRAUD
DESCRIBED IN SECTION ONE HUNDRED FIFTY-ONE-A OF THE WORKERS' COMPEN-
SATION LAW, THE COMMISSIONER OF LABOR SHALL DISCONTINUE DISTRIBUTION OF
FUNDS ALLOCATED FOR SUCH COUNTY AND MAY REDISTRIBUTE SUCH FUNDS ACCORD-
ING TO THIS SECTION.
5. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF LABOR.
6. MONIES IN THE WORKERS' COMPENSATION FRAUD INVESTIGATION FUND SHALL
BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONIES IN
THE CUSTODY OF THE CHAIR OF THE WORKERS' COMPENSATION BOARD, THE COMMIS-
SIONER OF LABOR AND/OR THE COMPTROLLER.
7. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF LABOR SHALL ENSURE
THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
END OF SUCH FISCAL YEAR.
8. BY THE THIRTIETH DAY OF JUNE, TWO THOUSAND TWENTY-SIX, AND ANNUALLY
THEREAFTER, THE CHAIR OF THE WORKERS' COMPENSATION BOARD, IN CONSULTA-
TION WITH THE WORKERS' COMPENSATION FRAUD INSPECTOR GENERAL OR THE FRAUD
ASSESSMENT COMMISSION, SHALL DEVELOP AND RELEASE A REQUEST FOR PROPOSALS
AND APPLICATION PROCESS FOR THE FUNDS OUTLINED IN THIS SECTION.
9. THE FRAUD ASSESSMENT COMMISSION SHALL PROVIDE QUARTERLY REPORTS TO
THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE, ON THE RECEIPTS AND DISTRIBUTIONS OF THE WORKERS'
COMPENSATION INVESTIGATION AND PROSECUTION FUND, INCLUDING AN ITEMIZA-
TION OF SUCH RECEIPTS AND DISBURSEMENTS, THE HISTORICAL AND PROJECTED
EXPENDITURES, AND THE PROJECTED FUND BALANCE.
§ 2. This act shall take effect immediately.
PART X
S. 9005--B 95
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
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
S. 9005--B 96
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-
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
FIVE HUNDRED 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 unrea-
sonably withheld, or withheld for a period of more than thirty calendar
days from receipt of a request for authorization, or unless such special
S. 9005--B 97
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 SOLE purpose of expediting authorization
of treatment of injured workers. Such list of pre-authorized procedures
shall not prohibit varied treatment [when the treating provider demon-
strates the appropriateness and medical necessity of such treatment] NOR
SHALL THE LIST BE USED AS A BASIS TO DENY TREATMENT NOT CONTAINED THERE-
IN. REQUESTS FOR VARIED TREATMENT NEED ONLY COMPLY WITH THE PROVISIONS
OF THIS SUBDIVISION.
(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
the availability thereof to an injured employee or [his] THE EMPLOYEE'S
family. IT SHALL NOT CONSTITUTE IMPROPER INFLUENCE OR AN ATTEMPT TO
IMPROPERLY INFLUENCE IF A CLAIMANT'S ATTORNEY OR REPRESENTATIVE COMMUNI-
CATES, VERBALLY OR IN WRITING, WITH AN INJURED EMPLOYEE'S TREATING
PROVIDER OR A CLAIMANT'S MEDICAL CONSULTANT. SUCH COMMUNICATION SHALL
NOT SERVE AS A BASIS TO DIMINISH OR PRECLUDE THE OPINION OF THE TREATING
PROVIDER OR CLAIMANT'S CONSULTANT. IT SHALL NOT BE PRESUMED THAT A
CLAIMANT'S ATTORNEY OR REPRESENTATIVE'S COMMUNICATION WITH THE INJURED
EMPLOYEE'S TREATING PROVIDER OR CLAIMANT'S MEDICAL CONSULTANT WAS AN
ATTEMPT TO IMPROPERLY INFLUENCE THE TREATING PROVIDER OR MEDICAL
CONSULTANT.
(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
S. 9005--B 98
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,
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.
S. 9005--B 99
(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 FIVE HUNDRED
dollars as required by subdivision five of this section is approved, the
insurance carrier, self-insurer or state insurance fund, or if so deleg-
ated the network with which the insurance carrier, self-insurer or state
insurance fund has contracted, shall notify the [physician] PROVIDER
requesting authorization of the requirement that the claimant obtain or
undergo the special diagnostic test, x-ray examination, magnetic reso-
nance imaging 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 exam-
ination, 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.
(E) ANY SPECIAL DIAGNOSTIC TESTS, X-RAY EXAMINATIONS, MAGNETIC RESO-
NANCE IMAGING OR OTHER RADIOLOGICAL EXAMINATIONS OR TESTS COSTING MORE
THAN ONE THOUSAND FIVE HUNDRED DOLLARS PERFORMED BY A PROVIDER WHO IS
NOT A MEMBER OF THE CARRIER'S, SELF-INSURED'S OR STATE INSURANCE FUND'S
DIAGNOSTIC NETWORK OR NETWORKS, SHALL BE ENTITLED TO PAYMENT AT THE
NEGOTIATED NETWORK RATE.
§ 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
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.
S. 9005--B 100
(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.
(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.
S. 9005--B 101
(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
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.
S. 9005--B 102
(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.
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
S. 9005--B 103
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
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.
S. 9005--B 104
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
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
S. 9005--B 105
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
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
S. 9005--B 106
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
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.
S. 9005--B 107
§ 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
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
S. 9005--B 108
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. THE CHAIR
SHALL PROMULGATE REGULATIONS TO: (I) REQUIRE TRAINING FOR PROVIDERS NOT
PREVIOUSLY AUTHORIZED TO TREAT INJURED WORKERS; (II) REQUIRE CARRIERS OR
EMPLOYERS TO REIMBURSE PROVIDERS, INJURED WORKERS, AND/OR THEIR REPRE-
SENTATIVES AT RATES CONSISTENT WITH PARAGRAPH (E) OF SUBDIVISION TWO OF
SECTION EIGHTEEN OF THE PUBLIC HEALTH LAW FOR ANY AND ALL RECORDS
NECESSARY FOR AN INJURED WORKERS' CLAIM; (III) PROHIBIT PRECLUSION OF
PROVIDERS' REPORTS ON THE BASIS THAT THE PROVIDER FAILED TO APPEAR FOR A
DEPOSITION; AND (IV) ESTABLISH THAT THE CONSEQUENCES OF A TREATING
PROVIDER'S FAILURE TO COMPLY WITH STATUTORY OR REGULATORY PROVISIONS
SHALL LIE SOLELY WITH THE PROVIDER AND SHALL NOT ADVERSELY IMPACT THE
INJURED WORKER'S RECEIPT OF COMPENSATION OR MEDICAL TREATMENT.
§ 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
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.
S. 9005--B 109
PART Y
Intentionally Omitted
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
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
S. 9005--B 110
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.
(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-
S. 9005--B 111
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
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]
2028; provided, further, that effective immediately, the advisory coun-
S. 9005--B 112
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] TWENTY-FIVE thousand dollars. Grants,
article 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] TWENTY-FIVE thousand dollars. Grants,
article 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 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 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,
S. 9005--B 113
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.
§ 1-a. Subparagraph (i) of paragraph a of subdivision 4 of section 162
of the state finance law, as amended by section 164 of subpart B of part
C of chapter 62 of the laws of 2011, is amended to read as follows:
(i) When commodities are available, in the form, function and utility
required by a state agency, public authority, commission, public benefit
corporation or political subdivision, said commodities [must] MAY be
purchased first from the correctional industries program of the depart-
ment of corrections and community supervision;
§ 2. This act shall take effect immediately.
PART DD
Intentionally Omitted
PART EE
Intentionally Omitted
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).
S. 9005--B 114
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).
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).
S. 9005--B 115
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).
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
S. 9005--B 116
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.
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).
S. 9005--B 117
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. Intentionally omitted.
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. $200,000,000 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).
S. 9005--B 118
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).
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.
S. 9005--B 119
3. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
4. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
5. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
6. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
7. $3,828,000 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).
S. 9005--B 120
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $3,600,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
5. $4,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
6. $6,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
7. $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).
S. 9005--B 121
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).
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:
S. 9005--B 122
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).
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. Intentionally omitted.
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. Intentionally omitted.
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. Intentionally omitted.
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. Intentionally omitted.
Transportation:
1. $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $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:
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
S. 9005--B 123
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.
§ 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
S. 9005--B 124
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.
§ 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-
S. 9005--B 125
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
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-
S. 9005--B 126
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.
§ 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-
S. 9005--B 127
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,
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
S. 9005--B 128
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] EIGHTEEN BILLION FIVE HUNDRED NINETY-THREE MILLION
SEVEN HUNDRED SIXTY-FOUR THOUSAND DOLLARS $18,593,764,000, 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 FORTY-ONE MILLION FIVE
HUNDRED FIFTY-NINE THOUSAND DOLLARS $11,541,559,000, 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-
S. 9005--B 129
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] FOURTEEN
BILLION FOUR HUNDRED FIFTY-NINE MILLION NINE HUNDRED FOUR THOUSAND
DOLLARS $14,459,904,000, 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] FIVE HUNDRED NINE MILLION DOLLARS $509,000,000.
§ 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
S. 9005--B 130
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-THREE BILLION FOUR
HUNDRED SIXTY-EIGHT MILLION ONE HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$23,468,164,000, 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.
§ 31-a. Paragraph (b) of subdivision 3 and clause (B) of subparagraph
(iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap-
ter 63 of the laws of 2005, relating to the composition and responsibil-
ities of the New York state higher education capital matching grant
board, as amended by section 47 of part XX of chapter 56 of the laws of
2024, are amended to read as follows:
(b) Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants totaling [four
hundred twenty-five million dollars $425,000,000] FOUR HUNDRED SEVENTY-
FIVE MILLION DOLLARS $475,000,000. Each college shall be eligible for a
grant award amount as determined by the calculations pursuant to subdi-
vision five of this section. In addition, such colleges shall be eligi-
ble to compete for additional funds pursuant to paragraph (h) of subdi-
vision four of this section.
(B) The dormitory authority shall not issue any bonds or notes in an
amount in excess of [four hundred twenty-five million dollars
$425,000,000] FOUR HUNDRED SEVENTY-FIVE MILLION DOLLARS $475,000,000 for
the purposes of this section; excluding bonds or notes issued to fund
one or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued. Except for purposes of complying with the
internal revenue code, any interest on bond proceeds shall only be used
to pay debt service on such bonds.
§ 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
S. 9005--B 131
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-
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
S. 9005--B 132
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
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-
S. 9005--B 133
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] SEVENTEEN BILLION THIRTY-FIVE MILLION ONE
HUNDRED EIGHTY-ONE THOUSAND DOLLARS $17,035,181,000. Such limit shall
exclude 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 exclu-
sion 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 reimbursement of eligible capital
costs of local highway and bridge projects within such municipality,
where allocations to cities, towns and villages are based on the total
number of New York or United States or interstate signed touring route
miles for which such municipality has capital maintenance responsibil-
ity, and where such eligible capital costs include the costs of
construction and repair of highways, bridges, highway-railroad cross-
ings, and other transportation facilities for projects with a service
life of ten years or more.
§ 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] SEVENTEEN BILLION NINE
HUNDRED NINETY-ONE MILLION SIX HUNDRED SIXTY THOUSAND DOLLARS
S. 9005--B 134
$17,991,660,000, 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
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 EIGHT HUNDRED TWENTY-EIGHT MILLION
FOUR HUNDRED EIGHTY-FIVE THOUSAND DOLLARS $18,828,485,000, 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
S. 9005--B 135
bonds or notes previously issued. Such bonds and notes of the authority,
the dormitory authority and the urban development corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the authority, the dormitory authority and the urban devel-
opment corporation for principal, interest, and related expenses pursu-
ant to a service contract and such bonds and notes shall contain on the
face thereof a statement to such effect. Except for purposes of comply-
ing with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 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
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 FOUR
HUNDRED TWO MILLION FOUR HUNDRED FIFTY-THREE THOUSAND DOLLARS
$25,402,453,000, 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
S. 9005--B 136
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
$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] FIVE HUNDRED EIGHTEEN MILLION FOUR HUNDRED
SIXTY THOUSAND DOLLARS $518,460,000, 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
S. 9005--B 137
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-
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
S. 9005--B 138
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
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. Intentionally omitted.
§ 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
calculation of the total outstanding principal amount of debt, including
retirements or defeasances accomplished on an economic basis.
S. 9005--B 139
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 and
be deemed repealed March 31, 2027.
PART GG
Section 1. 1. New York state aid and incentives for municipalities
redesign task force. There is hereby created the aid and incentives for
municipalities redesign task force whose membership shall consist of 7
members: the director of the division of the budget or their designee as
chair; the comptroller or their designee; the executive director of the
New York State Conference of Mayors or their designee; the executive
director of the New York State Association of Counties or their desig-
nee; the executive director of the New York State Association of Towns
or their designee; one member appointed by the temporary president of
the senate; and one member appointed by the speaker of the assembly.
The task force shall report to the governor, the speaker of the assembly
and the temporary president of the senate no later than one year after
S. 9005--B 140
the effective date of this act. Such report shall include, but not be
limited to:
(a) A review and analysis of the current aid and incentives for muni-
cipalities formula and allocations;
(b) An analysis of available alternatives to the current aid and
incentives for municipalities formula and allocations, including models
from other states, provided, however, that such alternatives shall
include the allocation of funds to any municipality which is not
currently receiving aid and incentives for municipalities funding;
(c) Recommendations concerning such alternatives to the formula used
to determine future aid and incentives to municipalities funding allo-
cations, provided, however, that such recommendations shall include the
allocation of funds to any municipality which is not currently receiving
aid and incentives for municipalities funding; and
(d) Any other information the task force deems necessary or relevant.
2. All appointments to the task force shall be made no later than
sixty days after the effective date of this act. Any vacancy shall be
filled by the appointing authority. The task force shall meet as
frequently as it deems necessary prior to issuing its findings and
recommendations. The members of the task force shall serve without
compensation, except that members shall be allowed their necessary and
actual expenses incurred in the performance of their duties under this
section. The department of taxation and finance and the division of the
budget shall provide the task force with such data as the task force may
request to carry out its powers and duties. To the extent practicable,
such data shall be provided in a format in accordance with the standards
outlined in the New York State Open Data Handbook pursuant to executive
order 95 of the laws of 2013. The task force may consult with any public
or private entity it deems necessary in order to assist the task force
with information gathering, analysis, and formulating its conclusions
and recommendations.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2027.
PART HH
Section 1. Legislative findings and declaration. The legislature here-
by finds that New York's elections are administered by a decentralized
network of state and county boards of elections, many of which face
resource constraints and limited technical staffing capacity. In light
of growing cybersecurity threats, sophisticated disinformation
campaigns, and physical threats to election infrastructure and opera-
tional disruptions, coordinated state support is necessary to safeguard
New York's election systems. To ensure that local boards of elections
receive technical guidance, training, and response assistance tailored
to their specific vulnerabilities and resource levels, the legislature
declares that the public interest requires that a dedicated election
security navigator program be established with funding adequate to
support the maximum number of county boards of elections who seek such
support.
§ 2. The election law is amended by adding a new section 3-113 to read
as follows:
§ 3-113. ELECTION SECURITY NAVIGATOR PROGRAM. 1. FOR THE PURPOSES OF
THIS SECTION:
(A) "NAVIGATOR PROGRAM" SHALL MEAN THE ELECTION SECURITY NAVIGATOR
PROGRAM ESTABLISHED PURSUANT TO THIS SECTION.
S. 9005--B 141
(B) "PROGRAM DIRECTOR" SHALL MEAN THE DIRECTOR OF THE NAVIGATOR
PROGRAM.
2. (A) THERE IS HEREBY ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS
AN ELECTION SECURITY NAVIGATOR PROGRAM. THE HEAD OF SUCH PROGRAM SHALL
BE THE PROGRAM DIRECTOR WHO SHALL BE APPOINTED BY THE STATE BOARD OF
ELECTIONS. THE PROGRAM DIRECTOR SHALL HAVE EXPERTISE IN ELECTION
CYBERSECURITY, OPERATIONAL SECURITY, AND PERSONNEL MANAGEMENT.
(B) THE NAVIGATOR PROGRAM SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS
AND DUTIES:
(I) PROVIDE ASSISTANCE ON A VOLUNTARY BASIS FOR LOCAL BOARDS OF
ELECTIONS IN MITIGATING CYBERSECURITY THREATS, IMPROVING PHYSICAL AND
OPERATIONAL PREPAREDNESS, AND ENHANCING PUBLIC CONFIDENCE IN THE INTEG-
RITY OF ELECTIONS;
(II) DEVELOP AND OPERATE THE NAVIGATOR PROGRAM BASED ON A SYSTEM THAT
PRIORITIZES REQUESTS FOR ALLOCATION OF SERVICES THAT CONSIDERS LOCAL
BOARDS OF ELECTIONS' NEED, RISK, AND AVAILABLE RESOURCES, AS DETERMINED
BY THE STATE BOARD OF ELECTIONS;
(III) EMPLOY OR CONTRACT ELECTION SECURITY NAVIGATORS TO CARRY OUT THE
FUNCTIONS AND DUTIES OF THE NAVIGATOR PROGRAM WITH RESPECT TO LOCAL
BOARDS OF ELECTIONS AND LOCAL JURISDICTIONS AND SERVE AS A LIAISON
BETWEEN THE STATE BOARD OF ELECTIONS, LOCAL JURISDICTIONS, AND LOCAL
BOARDS OF ELECTIONS;
(IV) FACILITATE INFORMATION SHARING BETWEEN THE STATE BOARD OF
ELECTIONS, LOCAL JURISDICTIONS, AND LOCAL BOARDS OF ELECTIONS ON
ELECTION THREATS, VULNERABILITIES, AND INCIDENT REPORTS;
(V) CONDUCT OR COORDINATE ONGOING RISK ASSESSMENTS FOR ELECTION
OFFICES AND INFRASTRUCTURE;
(VI) ASSIST WITH INCIDENT RESPONSE PLANNING, CONTINUITY OF OPERATIONS
PLANNING, AND TABLETOP EXERCISES;
(VII) PROVIDE TRAINING AND STANDARDIZED GUIDANCE MATERIALS TO SUPPORT
LOCAL PREPAREDNESS;
(VIII) COORDINATE ACCESS TO APPROPRIATE AND TRUSTWORTHY INTERNATIONAL,
FEDERAL, STATE, MULTI-STATE, AND PRIVATE CYBERSECURITY RESOURCES THAT
CURRENTLY EXIST OR HAVE YET TO BE FORMED;
(IX) ASSIST LOCAL BOARDS OF ELECTIONS IN APPLYING FOR FUNDING OPPORTU-
NITIES OR DEPLOYING AVAILABLE FUNDS RELATED TO ELECTION SECURITY INCLUD-
ING, BUT NOT LIMITED TO, FEDERAL GRANTS UNDER THE HELP AMERICA VOTE ACT,
THE HOMELAND SECURITY GRANT PROGRAM, AND THE STATE AND LOCAL CYBERSECUR-
ITY GRANT PROGRAM; AND
(X) DEVELOP AN ELECTION SECURITY NAVIGATORS STUDENT PROGRAM IN PART-
NERSHIP WITH THE STATE UNIVERSITY OF NEW YORK.
3. NO LATER THAN THREE MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE STATE BOARD OF ELECTIONS SHALL COMMENCE THE PROCESS OF
DESIGNING THE ELECTION SECURITY NAVIGATOR PROGRAM THROUGH A NEEDS-BASED
ASSESSMENT CONSIDERING:
(A) STATE ELECTION SECURITY SUPPORT AND SERVICES;
(B) THE CAPABILITIES AND NEEDS OF LOCAL JURISDICTIONS AS REGARDS LOCAL
BOARDS OF ELECTIONS, INCLUDING THE NEEDS FOR: CYBERSECURITY EXPERTISE,
INCIDENT RESPONSE COORDINATION, INCIDENT RESPONSE PLAN DEVELOPMENT, AND
EXERCISES THAT INCLUDE INCIDENT RESPONSE SCENARIOS;
(C) DIRECT CONSULTATION WITH A REPRESENTATIVE SAMPLE OF LOCAL BOARDS
OF ELECTIONS; AND
(D) CONSULTATION WITH:
(I) THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES;
(II) THE STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES;
S. 9005--B 142
(III) CURRENT AND FORMER STAFF OF THE FEDERAL CYBERSECURITY AND
INFRASTRUCTURE SECURITY AGENCY;
(IV) OFFICIALS ADMINISTERING ELECTION CYBERSECURITY PROGRAMS IN OTHER
STATES; AND
(V) PRIVATE SECTOR, NON-PROFIT, AND ACADEMIC EXPERTS IN CYBER AND
ELECTION SECURITY.
ANY INFORMATION CONTAINED IN A NEEDS-BASED ASSESSMENT FOR ANY LOCAL
BOARD OF ELECTIONS OR LOCAL JURISDICTION CONDUCTED UNDER THIS SUBDIVI-
SION SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE MADE AVAILABLE FOR
DISCLOSURE OR INSPECTION UNDER THE FREEDOM OF INFORMATION LAW UNLESS A
SUBPOENA OR OTHER COURT ORDER DIRECTS THE STATE BOARD OF ELECTIONS OR
RELEVANT LOCAL BOARD OF ELECTIONS TO RELEASE SUCH ASSESSMENT.
4. (A) NO LATER THAN THREE MONTHS AFTER THE COMPLETION OF THE NEEDS
ASSESSMENT PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THE STATE
BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS ESTABLISHING THE NAVIGA-
TOR PROGRAM WITH THE FUNCTIONS, POWERS AND DUTIES AS SET FORTH IN SUBDI-
VISION TWO OF THIS SECTION.
(B) THE STATE BOARD OF ELECTIONS SHALL CONDUCT NO FEWER THAN TWO
PUBLIC HEARINGS TO ELICIT COMMENT AND FEEDBACK ON THE PROPOSED REGU-
LATION ESTABLISHING THE NAVIGATOR PROGRAM, WITH ONE HEARING HELD IN
ALBANY AND AT LEAST ONE HELD IN NEW YORK CITY. BEFORE FINALIZING THE
REGULATIONS ESTABLISHING THE NAVIGATOR PROGRAM, THE BOARD OF ELECTIONS
SHALL CONSIDER THE COMMENTS AND FEEDBACK RECEIVED, MODIFY THE PROPOSED
REGULATION AS APPROPRIATE IN LIGHT OF THE COMMENTS AND FEEDBACK
RECEIVED, AND ISSUE A REPORT INDICATING THE MANNER IN WHICH IT RESPONDED
TO THE COMMENTS RECEIVED BEFORE FINALIZING ITS REGULATIONS ESTABLISHING
THE ELECTION SECURITY NAVIGATOR PROGRAM.
5. (A) THE STATE BOARD OF ELECTIONS SHALL PUBLISH ON ITS PUBLICLY
AVAILABLE WEBSITE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, AN ANNUAL REPORT REGARDING
THE ACTIVITIES AND PERFORMANCE OF THE ELECTION SECURITY NAVIGATOR
PROGRAM NO LATER THAN MARCH FIRST OF EACH YEAR. THE CONTENT OF THE
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) AGGREGATE PERFORMANCE METRICS;
(II) SERVICES PROVIDED;
(III) THE TYPES OF EXISTING AND EMERGING RISKS IDENTIFIED;
(IV) ANY RECOMMENDATIONS FOR CHANGES TO STATE STATUTES OR REGULATIONS
AFFECTING THE NAVIGATOR PROGRAM; AND
(V) ANY BUDGETARY REQUESTS OR OTHER CHANGES TO NAVIGATOR PROGRAM
FINANCING.
(B) IN THE ANNUAL REPORT PROVIDED PURSUANT TO THIS SUBDIVISION, BEGIN-
NING WITH THE REPORT COVERING THE SECOND YEAR OF THE PROGRAM, THE STATE
BOARD OF ELECTION SHALL REPORT ON PROGRESS IN DEVELOPING AN ELECTION
SECURITY NAVIGATORS STUDENT PROGRAM IN PARTNERSHIP WITH THE STATE
UNIVERSITY OF NEW YORK.
6. (A) THE NAVIGATOR PROGRAM SHALL BE FUNDED THROUGH A SEPARATE GENER-
AL BUDGET ALLOCATION TO THE STATE BOARD OF ELECTIONS IN AN AMOUNT SUFFI-
CIENT TO PROVIDE ASSISTANCE TO THE LOCAL BOARDS OF ELECTIONS. THE
PROGRAM DIRECTOR SHALL ANNUALLY SUBMIT A BUDGET REQUEST FOR AN AMOUNT
NOT LESS THAN ONE MILLION DOLLARS.
(B) THE STATE BOARD OF ELECTIONS SHALL BE AUTHORIZED TO APPLY FOR AND
RECEIVE ADDITIONAL FEDERAL AND PRIVATE SOURCES OF FUNDING AND MAY ENTER
INTO AGREEMENTS WITH FEDERAL AND STATE AGENCIES TO FACILITATE AND CARRY
OUT THE FUNCTIONS, POWERS AND DUTIES OF THE NAVIGATOR PROGRAM.
§ 3. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
S. 9005--B 143
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. The provisions of this act shall be sever-
able and if any portion thereof or the applicability thereof to any
person or circumstance shall be held to be invalid, the remainder of
this act and the application thereof shall not be affected thereby.
§ 4. This act shall take effect immediately.
PART II
Section 1. Subdivision 5 of section 912 of the general municipal law,
as added by section 1 of part III of chapter 58 of the laws of 2023, is
renumbered subdivision 8.
§ 2. Section 912 of the general municipal law, as amended by section 1
of part III of chapter 58 of the laws of 2023 and subdivision 8 as
renumbered by section one of this act, is renumbered section 912-b and
amended to read as follows:
§ 912-b. Orange county industrial development agency. 1. For the bene-
fit of the county of Orange and the inhabitants thereof, an industrial
development agency, to be known as the ORANGE COUNTY INDUSTRIAL DEVELOP-
MENT AGENCY, is hereby established for the accomplishment of any or all
of the purposes specified in title one of this article. It shall consti-
tute a body corporate and politic, and be perpetual in duration. It
shall have the powers and duties now or hereafter conferred by title one
of this article upon industrial development agencies. It shall be organ-
ized in a manner prescribed by and be subject to the provisions of title
one of this article. Its members shall be appointed by the governing
body of the county of Orange. The agency, its members, officers and
employees and its operations and activities shall in all respects be
governed by the provisions of title one of this article.
2. For purposes of this section[,]:
(A) "financial assistance" shall mean any financial assistance offered
by the Orange county industrial development agency for any project,
including but not limited to, a payment in lieu of taxes agreement, an
agreement to waive sales tax, or an agreement to waive mortgage record-
ing taxes.
(B) "MONITOR" SHALL MEAN THE INDEPENDENT MONITOR APPOINTED BY THE
STATE INSPECTOR GENERAL UNDER PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION.
(C) "FUNDING CORPORATION" SHALL MEAN THE ORANGE COUNTY FUNDING CORPO-
RATION, A LOCAL DEVELOPMENT CORPORATION ESTABLISHED PURSUANT TO SECTION
FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
3. (a) In accordance with the powers of the office of the state
inspector general established by subdivision eight of section fifty-four
of the executive law, the state inspector general shall appoint an inde-
pendent monitor to carry out the provisions of this section including
but not limited to providing guidance and technical assistance related
to the policies, practices, programs and decisions of the Orange county
industrial development agency AND THE FUNDING CORPORATION, including but
not limited to decisions, actions and policies related to contracts and
financial assistance agreements. The state inspector general shall
appoint such monitor within ninety days of the effective date of this
S. 9005--B 144
subdivision or as soon thereafter as is practicable. After such appoint-
ment, the inspector general may only remove the monitor for violations
of law.
(b) The reasonable and necessary expenses incurred by the monitor
while performing [his or her] THEIR official duties shall be paid by the
industrial development agency AND THE FUNDING CORPORATION, IN SUCH
PROPORTIONS AS THE MONITOR DETERMINES ARE ATTRIBUTABLE TO EACH ENTITY'S
MATTERS. Notwithstanding any other provision of law, while acting with-
in the scope of [his or her] THEIR authority, the monitor shall not be
subject to any liability resulting from carrying out any of the powers
expressly given in this section, and the monitor shall be entitled to
defense and indemnification by the industrial development agency AND THE
FUNDING CORPORATION.
(c) The monitor shall be entitled to attend all meetings of the indus-
trial development agency AND THE FUNDING CORPORATION, including execu-
tive sessions; provided however, such monitor shall not be considered
for purposes of establishing a quorum of the board, provided further
that the monitor may be excused from executive sessions when proposed,
pending or current litigation involving the monitor or the office of the
state inspector general are being discussed. The industrial development
agency shall cooperate with any monitor with access, within forty-eight
hours of such request from the monitor, to any necessary documents and
records of the industrial development agency including but not limited
to databases and planning documents, financial assistance agreements,
and contracts consistent with all applicable state and federal statutes.
The monitor shall provide a copy of such request for any document or
record to the industrial development agency board.
(d) The board shall provide the monitor with copies of any meeting
agendas and all resolutions and motions on such agenda for each board
meeting no later than seventy-two hours prior to such board meeting. If
a proposed resolution or motion is for the purpose of approving a
contract or any financial assistance for a project, the board clerk
shall provide the monitor with copies of the proposed contract or finan-
cial assistance language at least seven days prior to such meeting.
(e) In the event the monitor is not provided with copies of proposed
resolutions or motions seventy-two hours prior to a board meeting or in
the case of a proposed motion or resolution for the purpose of approving
a contract or financial assistance, seven days prior to the next board
meeting, the monitor may, at their discretion, remove an item including
board resolutions or motions, from consideration by the board at such
meeting. Upon failure of the board to provide proposed resolutions or
motions as required by this section, the monitor shall provide notice of
failure to the board. An item removed from consideration by the monitor
may not be reconsidered by the board until the next board meeting.
(f) The monitor shall have the power to review any modification to the
industrial development agency's uniform tax exemption policy required by
section eight hundred seventy-four of this article, contract or finan-
cial assistance proposed for consideration by the industrial development
agency proposed by the board on or after the effective date of this
subdivision; provided however, that all such proposed modifications to
the industrial development agency's uniform tax exemption policy
required by section eight hundred seventy-four of this article,
contracts or agreements shall be provided by the industrial development
agency board to the monitor at least seven days prior to adoption.
(i) At least seventy-two hours prior to adoption by the board, the
monitor shall advise the board or employees of the industrial develop-
S. 9005--B 145
ment agency, in writing, of the existence of violations of the indus-
trial development agency's uniform tax exemption policy required by
section eight hundred seventy-four of this article, actual or potential
conflicts of interest, or violations of law arising from a proposed
contract or financial assistance agreement that the industrial develop-
ment agency shall consider before entering into any such contract or
agreement.
(ii) The board shall document for its own records the existence and
resolution of any actual or potential conflict of interest or other
violation identified by the monitor.
(iii) No such contract or agreement may be [approved or entered into
by the industrial development agency unless such actual or potential
conflict of interest or violation has been resolved to the satisfaction
of the monitor.] VOTED ON, APPROVED OR ENTERED INTO BY THE INDUSTRIAL
DEVELOPMENT AGENCY UNLESS SUCH ACTUAL OR POTENTIAL CONFLICT OF INTEREST
OR VIOLATION HAS BEEN RESOLVED TO THE SATISFACTION OF THE MONITOR, AND
UNLESS THE MONITOR HAS ADVISED THE BOARD OR EMPLOYEES, IN WRITING, OF
THEIR APPROVAL.
(iv) At least seventy-two hours prior to adoption by the board, the
monitor shall advise the board or employees, in writing, of [its] THEIR
disapproval of any changes to the industrial development agency's
uniform tax exemption policy; provided additionally, that within thirty
days after their appointment, the monitor shall advise such board or
employees, in writing, of [its] THEIR disapproval of any changes to the
industrial development agency's uniform tax exemption policy made by the
board that were made on or after the effective date of this subdivision
until such monitor's appointment. Any such change to the uniform tax
exemption policy disapproved by the monitor shall not be effective, and
[may] SHALL not be reconsidered by the board for at least ten days or
until the next board meeting; provided, however, that any change to the
uniform tax exemption policy that was made by the board on or after the
effective date of this subdivision until such monitor's appointment that
is disapproved by the monitor shall not affect the validity of any prior
agreement entered into prior to the monitor's appointment.
(v) At least seventy-two hours prior to adoption by the board, the
monitor shall advise the board or employees, in writing, of [its] THEIR
disapproval of any proposed contract or agreement with a project apply-
ing for financial assistance that would permit a deviation from the
industrial development agency's uniform tax exemption policy required by
section eight hundred seventy-four of this article. Any such proposed
contract or financial assistance agreement that would permit a deviation
from such policy shall not be effective, and may not be reconsidered by
the board for at least ten days or until the next board meeting.
(vi) The monitor shall have seventy-two hours after any contract or
financial assistance is approved to review such financial assistance or
contract, and if a violation of policy related to the industrial devel-
opment agency's uniform tax exemption policy required by section eight
hundred seventy-four of this article, a conflict of interest, or a
violation of law is identified during such time period, the monitor
shall notify the industrial development agency in writing. Any such
contract or financial assistance so identified by the monitor shall not
be legally binding or effective, and may not be reconsidered by the
board for at least ten days or until the next board meeting.
(g) The board, in consultation with the monitor, shall adopt a
conflict of interest policy, or revise an existing conflict of interest
policy, that complies with all existing applicable laws, rules and regu-
S. 9005--B 146
lations, including article eighteen of this chapter. The conflict of
interest policy shall include, but not be limited to:
(i) a definition of the circumstances that constitute a conflict of
interest;
(ii) procedures for identifying, disclosing and resolving a conflict
of interest to the board;
(iii) a requirement that the person with the conflict of interest not
be present at or participate in board deliberations or votes on the
matter giving rise to such conflict, provided that nothing in this para-
graph shall prohibit the board from requesting that the person with the
conflict of interest present information as background or answer ques-
tions at a board meeting prior to the commencement of deliberations or
voting thereto;
(iv) a prohibition against any attempt by the person with the conflict
to influence improperly the deliberation or voting on the matter giving
rise to such conflict;
(v) compliance with all applicable state laws and regulations; and
(vi) a requirement that the existence and resolution of the conflict
be documented in the board's records, including in the minutes of any
meeting at which the conflict was discussed or voted upon.
(h) The monitor may advise the board and any industrial development
agency officers, employees or agents to undergo any training as deemed
necessary.
(I) (I) THE FUNDING CORPORATION SHALL PROVIDE THE MONITOR WITH COPIES
OF ANY MEETING AGENDAS AND ALL PROPOSED RESOLUTIONS AND MOTIONS TO BE
CONSIDERED BY THE BOARD OF DIRECTORS NO LATER THAN SEVENTY-TWO HOURS
PRIOR TO SUCH MEETING. IF A PROPOSED RESOLUTION OR MOTION IS FOR THE
PURPOSE OF AUTHORIZING OR APPROVING A CONTRACT, AGREEMENT, FINANCING,
ISSUANCE OF BONDS, NOTES OR OTHER OBLIGATIONS, PROPERTY TRANSACTION, OR
PROJECT, THE FUNDING CORPORATION SHALL PROVIDE THE MONITOR WITH COPIES
OF THE PROPOSED TRANSACTIONAL DOCUMENTS AND MATERIAL SUPPORTING DOCUMEN-
TATION AT LEAST SEVEN DAYS PRIOR TO SUCH MEETING.
(II) IN THE EVENT THE MONITOR IS NOT PROVIDED WITH MATERIALS WITHIN
THE TIME PERIODS REQUIRED BY THIS PARAGRAPH, THE MONITOR MAY, IN THEIR
DISCRETION, REMOVE AN ITEM FROM CONSIDERATION BY THE BOARD OF DIRECTORS
AT SUCH MEETING. AN ITEM REMOVED FROM CONSIDERATION BY THE MONITOR MAY
NOT BE RECONSIDERED BY THE BOARD OF DIRECTORS UNTIL THE NEXT MEETING.
(III) AT LEAST SEVENTY-TWO HOURS PRIOR TO CONSIDERATION BY THE BOARD
OF DIRECTORS, THE MONITOR SHALL ADVISE THE FUNDING CORPORATION, IN WRIT-
ING, OF THE EXISTENCE OF: (A) ANY ACTUAL OR POTENTIAL CONFLICTS OF
INTEREST; (B) ANY VIOLATIONS OF THE FUNDING CORPORATION'S CONFLICT OF
INTEREST POLICY; (C) ANY VIOLATIONS OF SECTION SEVEN HUNDRED FIFTEEN OR
SECTION SEVEN HUNDRED FIFTEEN-A OF THE NOT-FOR-PROFIT CORPORATION LAW;
(D) ANY FAILURE TO COMPLY WITH THE FUNDING CORPORATION'S CERTIFICATE OF
INCORPORATION; OR (E) ANY OTHER VIOLATIONS OF LAW ARISING FROM A
PROPOSED TRANSACTION OR PROJECT.
(IV) THE BOARD OF DIRECTORS SHALL DOCUMENT FOR ITS OWN RECORDS THE
EXISTENCE AND RESOLUTION OF ANY ACTUAL OR POTENTIAL CONFLICT OF INTEREST
OR OTHER VIOLATION IDENTIFIED BY THE MONITOR.
(V) NO SUCH CONTRACT, AGREEMENT, FINANCING, ISSUANCE, PROPERTY TRANS-
ACTION, OR PROJECT MAY BE VOTED ON, APPROVED, AUTHORIZED, OR ENTERED
INTO BY THE FUNDING CORPORATION UNLESS SUCH ACTUAL OR POTENTIAL CONFLICT
OF INTEREST OR VIOLATION HAS BEEN RESOLVED TO THE SATISFACTION OF THE
MONITOR AND THE MONITOR HAS ADVISED THE FUNDING CORPORATION, IN WRITING,
OF THE MONITOR'S APPROVAL.
S. 9005--B 147
(VI) IN DETERMINING WHETHER TO APPROVE A PROPOSED PROJECT OR FINANC-
ING, THE MONITOR MAY REQUIRE THE FUNDING CORPORATION TO DEMONSTRATE THAT
THERE IS A COMMITMENT OF FUNDS SUFFICIENT TO FINANCE THE ACQUISITION AND
CONSTRUCTION OF THE PROJECT, TAKING INTO CONSIDERATION COMMITMENTS OF
FUNDS, PROJECTIONS OF FEES OR OTHER REVENUES, AND SECURITY.
4. The monitor shall undertake an enhanced review of the budget deci-
sions and financial assistance agreements of the industrial development
agency.
(a) The board shall annually submit the industrial development agen-
cy's proposed budget for the next succeeding fiscal year to the monitor
no later than forty-five days prior to its adoption. The monitor shall
review the budget to ensure that it, to the greatest extent possible, is
consistent with purposes and necessary activities of the Orange county
industrial development agency, and that it does not substantially
conflict with the long term economic interests of Orange county and its
constituents.
(b) The board shall provide quarterly reports to the monitor and annu-
al reports to the state inspector general on the operational status of
the industrial development agency. In addition, the monitor shall
provide semi-annual reports to the state inspector general, the gover-
nor, the temporary president of the senate, and the speaker of the
assembly on the fiscal and operational status of the industrial develop-
ment agency. Such semi-annual report shall include a summary of all the
contracts that the board entered into throughout the year. All reports
shall be subject to review by the comptroller.
(c) The monitor shall advise the board in the development and revision
of the industrial development agency's goals, implementation of its
priorities and budgetary recommendations.
(d) The monitor may recommend, and the board may consider by vote of a
resolution at the next scheduled meeting of the board, cost saving meas-
ures including, but not limited to, shared service agreements.
(E) UPON RECEIVING A RECOMMENDATION, IN WRITING, FROM THE MONITOR, THE
BOARD SHALL CONSIDER SUCH RECOMMENDATION AND, WITHIN FORTY-FIVE DAYS OF
RECEIVING SUCH RECOMMENDATION, HOLD A VOTE ON ACCEPTING SUCH RECOMMENDA-
TION. SUCH RECOMMENDATION SHALL ONLY BE REJECTED UPON AT LEAST FIVE
MEMBERS OF THE BOARD VOTING TO REJECT SUCH RECOMMENDATION. SUCH RECOM-
MENDATIONS REQUIRING SUCH A VOTE SHALL INCLUDE, BUT NOT BE LIMITED TO,
RECOMMENDATIONS RELATING TO CONTRACTS, BUDGET DECISIONS, AND FINANCIAL
ASSISTANCE AGREEMENTS.
5. THE MONITOR SHALL, AT THEIR DISCRETION, DIRECT THE BOARD TO RECOUP
FINANCIAL ASSISTANCE, IN FULL OR IN PART, WHERE THE RECIPIENT OF FINAN-
CIAL ASSISTANCE FAILED TO EXECUTE AND COMPLETE THE TERMS OF A CONTRACT,
AGREEMENT OR UNDERSTANDING INCLUDING, BUT NOT LIMITED TO, JOB CREATION
GOALS AND THE DEVELOPMENT OF PROMISED FACILITIES OR OPERATIONS.
6. THE ORANGE COUNTY FUNDING CORPORATION, ESTABLISHED BY ORANGE COUNTY
RESOLUTION NUMBER ONE HUNDRED TWENTY-FIVE OF THE YEAR TWO THOUSAND TEN
IS A LOCAL DEVELOPMENT CORPORATION ESTABLISHED PURSUANT TO SECTION FOUR-
TEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW. THE FUNDING
CORPORATION SHALL COMPLY WITH THE APPLICABLE PROVISIONS OF SUBDIVISION
THREE OF THIS SECTION, AND THE MONITOR SHALL HAVE THE POWERS SET FORTH
IN PARAGRAPH (I) OF SUBDIVISION THREE OF THIS SECTION WITH RESPECT TO
THE FUNDING CORPORATION.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
MONITOR MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING IN ANY COURT OF
COMPETENT JURISDICTION TO ENJOIN UNLAWFUL ACTS OR PRACTICES BY THE
INDUSTRIAL DEVELOPMENT AGENCY OR THE FUNDING CORPORATION AND TO COMPEL
S. 9005--B 148
COMPLIANCE WITH THIS SECTION, INCLUDING THE RECOVERY OF AMOUNTS DUE TO
THE MONITOR FOR REASONABLE AND NECESSARY EXPENSES AND COSTS, INCLUDING
BUT NOT LIMITED TO ATTORNEYS' FEES AND LITIGATION COSTS, AUTHORIZED BY
THIS SECTION.
8. Nothing in this section shall be construed to abrogate the duties
and responsibilities of the board consistent with applicable state law
and regulations.
§ 3. Subdivision 8 of section 54 of the executive law, as added by
section 2 of part III of chapter 58 of the laws of 2023, is amended to
read as follows:
8. Appoint an independent monitor to provide guidance and technical
assistance related to the policies, practices, programs and decisions of
the Orange county industrial development agency AND THE FUNDING CORPO-
RATION, as authorized in subdivisions two, three, four [and], five, SIX,
SEVEN AND EIGHT of section nine hundred [twelve] TWELVE-B of the general
municipal law.
§ 4. Notwithstanding any other provision of law to the contrary, in a
county with a population of at least 390,000 and no greater than 415,000
according to the latest federal decennial census, any privately-owned
project receiving benefits under section 485-b of the real property tax
law or a payment in lieu of taxes agreement from an industrial develop-
ment agency shall be subject to the payment of no less than prevailing
wages for all employees of any contractors and subcontractors utilized
for such project, consistent with article 8 of the labor law; provided
however, that any such privately-owned project which utilizes a project
labor agreement and receives either an exemption pursuant to section
485-b of the real property tax law or a payment in lieu of taxes agree-
ment from an industrial development agency shall not be subject to arti-
cle 8 of the labor law.
§ 5. Section 3 of part III of chapter 58 of the laws of 2023, amending
the general municipal law and the executive law relating to directing
the state inspector general to appoint an independent monitor for the
Orange county industrial development agency, is amended to read as
follows:
§ 3. This act shall take effect immediately; provided however, that
subdivisions two, three, four and five of section 912 of the general
municipal law, as added by section one of this act, and subdivision 8 of
section 54 of the executive law, as added by section two of this act,
shall expire and be deemed repealed [three] SIX years after such effec-
tive date.
§ 6. Subparagraph 5 of paragraph (d) of section 1411 of the not-for-
profit corporation law is amended to read as follows:
(5) A local development corporation, incorporated or reincorporated
under this section, which purchases or leases real property from a coun-
ty, city, town or village, shall not, without the written approval of
the county, city, town or village, use such real property for any
purpose except the purposes set forth in the certificate of incorpo-
ration or reincorporation of said local development corporation. In the
event such real property is used in violation of the restrictions of
this paragraph, the attorney-general may bring an action or special
proceeding to enjoin the unauthorized use. WITH RESPECT TO THE ORANGE
COUNTY FUNDING CORPORATION, THE INDEPENDENT MONITOR APPOINTED PURSUANT
TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION NINE HUNDRED TWELVE-B
OF THE GENERAL MUNICIPAL LAW MAY ALSO BRING AN ACTION OR SPECIAL
PROCEEDING TO ENJOIN THE UNAUTHORIZED USE OF ANY REAL PROPERTY PURCHASED
S. 9005--B 149
OR LEASED BY SUCH CORPORATION IN VIOLATION OF THE RESTRICTIONS OF THIS
PARAGRAPH.
§ 7. This act shall take effect immediately; provided, however, that
the amendments to subdivisions 2, 3, 4 and 8 of section 912-b of the
general municipal law made by section two of this act and the amendments
to subdivision 8 of section 54 of the executive law made by section
three of this act shall not affect the repeal of such subdivisions and
shall be deemed to expire therewith; and provided further, however, that
subdivisions 5, 6 and 7 of section 912-b of the general municipal law as
added by section two of this act and section four of this act and the
amendments to subparagraph 5 of paragraph (d) of section 1411 of the
not-for-profit corporation law made by section six of this act shall
expire and be deemed repealed on the same date and in the same manner as
part III of chapter 58 of the laws of 2023, takes effect.
PART JJ
Section 1. Paragraph (a) of subdivision 5 of section 242 of the mili-
tary law, as amended by chapter 406 of the laws of 2017, is amended to
read as follows:
(a) Every public officer or employee shall be paid [his or her] THEIR
salary or other compensation as such public officer or employee for any
and all periods of absence while engaged in the performance of ordered
military duty, and while going to and returning from such duty, not
exceeding a total of [thirty] SIXTY days or [twenty-two] FIFTY-TWO work-
ing days, whichever is greater, in any one calendar year and not exceed-
ing [thirty] SIXTY days or [twenty-two] FIFTY-TWO working days, whichev-
er is greater, in any one continuous period of such absence.
§ 2. This act shall take effect immediately.
PART KK
Section 1. The correction law is amended by adding a new section 512
to read as follows:
§ 512. IDENTIFICATION CARD PROGRAM. 1. FOR PURPOSES OF THIS SECTION,
"IDENTIFICATION CARD" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
FOUR HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
2. THE DEPARTMENT OF MOTOR VEHICLES SHALL DEVELOP A PROGRAM THAT WOULD
ALLOW INCARCERATED INDIVIDUALS IN LOCAL CORRECTIONAL FACILITIES WITHOUT
AN IDENTIFICATION CARD, OR WHO HAVE NOT BEEN ISSUED A DRIVER'S LICENSE
OR LEARNER'S PERMIT BY THE COMMISSIONER OF MOTOR VEHICLES, OR WHOSE
DRIVER'S LICENSE OR LEARNER'S PERMIT IS EXPIRED, SUSPENDED, REVOKED OR
SURRENDERED, OR WHOSE IDENTIFICATION CARD IS EXPIRED, TO OBTAIN AN IDEN-
TIFICATION CARD PRIOR TO SUCH INCARCERATED INDIVIDUAL'S RELEASE FROM A
LOCAL CORRECTIONAL FACILITY AT THE OPTION OF SUCH INCARCERATED INDIVID-
UAL.
3. THE SENTENCE AND COMMITMENT OF AN INCARCERATED INDIVIDUAL IN A
LOCAL CORRECTIONAL FACILITY SHALL BE DEEMED SUFFICIENT TO GRANT AUTHORI-
ZATION TO THE SHERIFF OF SUCH LOCAL CORRECTIONAL FACILITY TO ASSIST SUCH
INCARCERATED INDIVIDUAL TO APPLY FOR AND OBTAIN AN IDENTIFICATION CARD
FROM THE DEPARTMENT OF MOTOR VEHICLES.
4. (A) PRIOR TO AN INCARCERATED INDIVIDUAL'S RELEASE FROM A LOCAL
CORRECTIONAL FACILITY, THE SHERIFF OF SUCH LOCAL CORRECTIONAL FACILITY
SHALL NOTIFY SUCH INCARCERATED INDIVIDUAL, VERBALLY AND IN WRITING, OF
THE IDENTIFICATION CARD PROGRAM UNDER THIS SECTION. THE SHERIFF OF SUCH
LOCAL CORRECTIONAL FACILITY SHALL ALSO DOCUMENT THAT THEY OFFERED TO
S. 9005--B 150
ASSIST SUCH INCARCERATED INDIVIDUAL IN OBTAINING AN IDENTIFICATION CARD
AND IF SUCH INCARCERATED INDIVIDUAL DECLINED. THE SHERIFF OF A LOCAL
CORRECTIONAL FACILITY SHALL MAKE DILIGENT EFFORTS TO ENSURE THAT AN
INCARCERATED INDIVIDUAL IS PROVIDED WITH AN IDENTIFICATION CARD, IF
REQUESTED, PRIOR TO OR UPON THE RELEASE OF SUCH INDIVIDUAL FROM SUCH
LOCAL CORRECTIONAL FACILITY.
(B) IF AN IDENTIFICATION CARD IS OBTAINED WITH THE ASSISTANCE OF THE
SHERIFF OF A LOCAL CORRECTIONAL FACILITY FOR AN INCARCERATED INDIVIDUAL
PRIOR TO SUCH INDIVIDUAL'S RELEASE FROM SUCH LOCAL CORRECTIONAL FACILI-
TY, SUCH IDENTIFICATION CARD SHALL BE KEPT IN SUCH INCARCERATED INDIVID-
UAL'S RECORDS UNTIL SUCH INDIVIDUAL IS RELEASED FROM SUCH LOCAL CORREC-
TIONAL FACILITY; AND UPON SUCH INDIVIDUAL'S RELEASE, SUCH IDENTIFICATION
CARD SHALL BE PROVIDED TO SUCH INDIVIDUAL.
§ 2. Section 490 of the vehicle and traffic law is amended by adding a
new subdivision 4 to read as follows:
4. IDENTIFICATION CARD PROGRAMS. IDENTIFICATION CARDS ISSUED TO INCAR-
CERATED INDIVIDUALS PURSUANT TO AN IDENTIFICATION CARD PROGRAM UNDER
SECTION ELEVEN OR FIVE HUNDRED TWELVE OF THE CORRECTION LAW SHALL BE
FORMATTED IDENTICALLY TO ALL OTHER IDENTIFICATION CARDS ISSUED PURSUANT
TO THIS SECTION. SUCH IDENTIFICATION CARDS SHALL NOT CONTAIN ANY MARK-
INGS OR OTHER INDICATIONS THAT SUCH IDENTIFICATION CARDS WERE ISSUED
PURSUANT TO SUCH AN IDENTIFICATION CARD PROGRAM.
§ 3. Subdivision 3 of section 491 of the vehicle and traffic law, as
amended by section 2 of part Q of chapter 58 of the laws of 2022, is
amended to read as follows:
3. Waiver of fee. The commissioner may waive the payment of fees
required by subdivision two of this section if the applicant is (a) an
incarcerated individual in an institution or correctional facility under
the jurisdiction of a state department or agency, OR A LOCAL CORRECTION-
AL FACILITY AS DEFINED BY SECTION TWO OF THE CORRECTION LAW, or (b) a
victim of a crime and the identification card applied for is a replace-
ment for one that was lost or destroyed as a result of the crime.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
PART LL
Section 1. Legislative purpose and findings. People incarcerated in
institutions or local correctional facilities face unique health risks
during pregnancy, childbirth, postpartum, and early childcare. Lack of
appropriate prenatal, obstetric, and postpartum medical care, and appro-
priate health and safety measures, can result in serious harm to these
birthing parents and their children. Birthing parents and such persons'
young children need prenatal, obstetric, and pediatric care, as well as
developmentally-appropriate resources provided in a safe, healthy, and
nurturing environment. Unless comprehensive and compassionate laws,
policies, and practices are in place, the rights and care of birthing
parents and such persons' young children may be compromised by the
conditions of confinement in correctional institutions or facilities.
§ 2. Section 611 of the correction law, as amended by chapter 242 of
the laws of 1930, the section heading as amended by chapter 322 of the
laws of 2021, subdivision 1 as amended by chapter 17 of the laws of
2016, paragraph (c) of subdivision 1 and subdivision 2 as separately
S. 9005--B 151
amended by chapters 322 and 621 of the laws of 2021, and subdivision 4
as amended by chapter 486 of the laws of 2022, is amended to read as
follows:
§ 611. [Births to incarcerated individuals of correctional insti-
tutions and care of children of incarcerated individuals of correctional
institutions] RIGHTS AND CARE OF BIRTHING PARENTS AND SUCH PERSONS'
CHILDREN. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "BIRTHING PARENT" MEANS ANY PERSON WHO IS INCARCERATED AND PREG-
NANT, POSTPARTUM, OR WITH CUSTODY OF A CHILD UP TO TWENTY-FOUR MONTHS OF
AGE.
(B) "PRENATAL" MEANS THE PERIOD IN WHICH A PERSON BECOMES PREGNANT AND
UP UNTIL BIRTH OR OTHER PREGNANCY OUTCOME OCCURS.
(C) "PERINATAL" MEANS THE TWELVE-WEEK PERIOD IMMEDIATELY BEFORE BIRTH
AND THE TWELVE-WEEK PERIOD IMMEDIATELY AFTER BIRTH.
(D) "POSTPARTUM" MEANS THE TWELVE-WEEK PERIOD AFTER GIVING BIRTH AND
SHALL INCLUDE STILLBIRTH, MISCARRIAGE, AND NEONATAL DEATH, IN ACCORDANCE
WITH THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
(E) "NURSERY" MEANS A SPACE WHERE A BIRTHING PARENT LIVES WITH THEIR
CHILD AND RECEIVES SERVICES. A NURSERY SHALL INCLUDE, AT A MINIMUM, A
WINDOW FOR NATURAL LIGHT AND THE EQUIPMENT AND FURNISHINGS REQUIRED BY
SECTION 7651.17 OF TITLE 9 OF THE CODES, RULES AND REGULATIONS OF THE
STATE OF NEW YORK.
(F) "TIMELY" MEANS WITHIN THE TIMEFRAME RECOMMENDED BY THE TREATING
MEDICAL PROVIDER, UNLESS OTHERWISE SPECIFIED IN THIS SECTION.
2. (a) If a [woman] PERSON confined in any institution or local
correctional facility be pregnant and about to give birth to a child,
the superintendent or sheriff in charge of such institution or facility,
a reasonable time before the anticipated birth of such child, shall
cause such [woman] PERSON to be removed from such institution or facili-
ty and provided with comfortable accommodations, maintenance and medical
care elsewhere, under such supervision and safeguards to prevent [her]
SUCH BIRTHING PARENT'S escape from custody as the superintendent or
sheriff or [his or her] THEIR designee may determine. No restraints of
any kind shall be used during transport of such [woman] BIRTHING PARENT,
a [woman] PERSON who is known to be pregnant by correctional personnel
or personnel providing medical services to the institution or local
correctional facility, or a [woman] BIRTHING PARENT within eight weeks
after delivery or pregnancy outcome, absent extraordinary circumstances
in which:
i. the superintendent or sheriff or [his or her] THEIR designee in
consultation with the medical professional responsible for the institu-
tion has made an individualized determination that restraints are neces-
sary to prevent such [woman] BIRTHING PARENT from injuring [herself]
THEMSELF or medical or correctional personnel or others and cannot
reasonably be restrained by other means, including the use of additional
personnel; or
ii. the correctional personnel directly responsible for the transport
of such a [woman] BIRTHING PARENT determine that an emergency has arisen
in which restraints are necessary because the [woman] BIRTHING PARENT
poses an immediate risk of serious injury to [herself] THEMSELVES or
medical or correctional personnel or others and cannot reasonably be
restrained by other means.
(b) If a determination has been made pursuant to subparagraph i or ii
of paragraph (a) of this subdivision that extraordinary circumstances
exist then restraints shall be limited to wrist restraints in front of
S. 9005--B 152
the body. The superintendent or sheriff or [his or her] THEIR designee
pursuant to subparagraph i of paragraph (a) of this subdivision or
correctional personnel pursuant to subparagraph ii of paragraph (a) of
this subdivision shall document in writing the facts upon which the
finding of extraordinary circumstances were based within five days of
the use of such restraints and shall also document the type of
restraints used and the length of time such restraints were used.
(c) No restraints of any kind shall be used when such [woman] BIRTHING
PARENT is in labor, admitted to a hospital, institution or clinic for
delivery, or recovering after giving birth. Any such personnel as may be
necessary to supervise the [woman] BIRTHING PARENT during transport to
and from and during [her] THEIR stay at the hospital, institution or
clinic shall be provided to ensure adequate care, custody and control of
the [woman] BIRTHING PARENT, except that no correctional staff shall be
present in the delivery room during the birth of a baby unless requested
by the medical staff supervising such delivery or by the [woman] BIRTH-
ING PARENT giving birth. The [woman] BIRTHING PARENT shall be permitted
to have at least one support person of [her] THEIR choosing accompany
[her] THEM in the delivery room and when such [woman] BIRTHING PARENT is
in labor and recovering after giving birth. A support person shall not
need to have visited the [woman] BIRTHING PARENT at a correctional
facility prior to serving as a support person. A person may not be
denied eligibility to serve as a support person solely on the basis of a
past criminal conviction or that such person is on probation, condi-
tional release, parole or post release supervision. Any decision by an
agency to deny a [woman's] BIRTHING PARENT'S request to have a specific
person serve as a support person shall be made with reasons specified in
writing within five days of [her] THE request and promptly provided to
the [woman] BIRTHING PARENT. A support person shall be notified imme-
diately after such [woman] BIRTHING PARENT goes into labor, or imme-
diately after a caesarean section or termination is scheduled. If avail-
able, a doula, midwife or other birthing support specialist may also
assist during labor and delivery in addition to at least one support
person of the [woman's] BIRTHING PARENT'S choosing. Any [woman] BIRTHING
PARENT confined in a state or local correctional facility shall receive
notice in writing in a language and manner understandable to [her] SUCH
BIRTHING PARENT about the requirements of this section upon [her] SUCH
BIRTHING PARENT'S admission to such state or local correctional facility
and again when [she] THE BIRTHING PARENT is known to be pregnant. The
superintendent or sheriff shall publish notice of the requirements of
this section in prominent locations where medical care is provided. The
superintendent or sheriff or [his or her] THEIR designee shall cause
such [woman] BIRTHING PARENT to be subject to return to such institution
or local correctional facility as soon after the birth of [her] SUCH
BIRTHING PARENT'S child as the state of [her] SUCH BIRTHING PARENT'S
health will permit as determined by the medical professional responsible
for the care of such [woman] BIRTHING PARENT. If such [woman] BIRTHING
PARENT is confined in a local correctional facility, the expense of such
accommodation, maintenance and medical care shall be paid by such
[woman] BIRTHING PARENT or [her] THEIR relatives or from any available
funds of the local correctional facility and if not available from such
sources, shall be a charge upon the county, city or town in which is
located the court from which such incarcerated individual was committed
to such local correctional facility. If such [woman] BIRTHING PARENT is
confined in any institution under the control of the department, the
expense of such accommodation, maintenance and medical care shall be
S. 9005--B 153
paid by such [woman] BIRTHING PARENT or [her] THEIR relatives and if not
available from such sources, such maintenance and medical care shall be
paid by the state. In cases where payment of such accommodations, main-
tenance and medical care is assumed by the county, city or town from
which such incarcerated individual was committed the payor shall make
payment by issuing payment instrument in favor of the agency or individ-
ual that provided such accommodations and services, after certification
has been made by the head of the institution to which the incarcerated
individual was legally confined, that the charges for such accommo-
dations, maintenance and medical care were necessary and are just, and
that the institution has no available funds for such purpose.
(d) Any [woman] BIRTHING PARENT confined in an institution or local
correctional facility shall receive notice in writing in a language and
manner understandable to [her] SUCH BIRTHING PARENT about the require-
ments of this section upon [her] SUCH BIRTHING PARENT'S admission to an
institution or local correctional facility and again when [she] SUCH
BIRTHING PARENT is known to be pregnant. The superintendent or sheriff
shall publish notice of the requirements of this section in prominent
locations where medical care is provided. The department and the sheriff
shall provide annual training on provisions of this section to all
correctional personnel who are involved in the transportation, super-
vision or medical care of incarcerated [women] INDIVIDUALS.
(e) The department shall report annually to the governor, the tempo-
rary president of the senate, the minority leader of the senate, the
speaker of the assembly, the minority leader of the assembly, the chair-
person of the senate crime victims, crime and correction committee and
the chairperson of the assembly correction committee concerning every
use of restraints on a [woman] BIRTHING PARENT under this section,
including the reason such restraint was used, the type of restraint used
and the length of time such restraint was used pursuant to paragraph (b)
of this subdivision, but shall exclude individual identifying informa-
tion. The sheriff of each county shall report, in a form and manner
prescribed by the commission, every use of restraints on a [woman]
BIRTHING PARENT under this section, including the reason such restraint
was used, the type of restraint used and the length of time such
restraint was used pursuant to paragraph (b) of this subdivision, annu-
ally to the commission. The commission shall include such information in
its annual report pursuant to section forty-five of this chapter, but
shall exclude identifying information from such report. Reports required
by this section shall be posted on the websites maintained by the
department and the commission.
[2.] 3. BIRTHING PARENTS SHALL BE PROVIDED WITH COMPREHENSIVE AND
UNINTERRUPTED ACCESS TO PRENATAL, PERINATAL, AND POSTPARTUM CARE,
INCLUDING ALL NECESSARY PRENATAL SCREENING AND DIAGNOSTIC TESTS, MEDICA-
TION AS PRESCRIBED BY MEDICAL PERSONNEL, CONSULTATION AND TREATMENT,
INCLUDING TREATMENT BY SPECIALISTS, AND APPROPRIATE MEDICAL CARE AFTER
DELIVERY OR OTHER PREGNANCY OUTCOMES, INCLUDING POSTPARTUM PHYSICAL,
MENTAL, AND REPRODUCTIVE HEALTH CARE, AS RECOMMENDED BY THE AMERICAN
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS. THE COMMISSIONER SHALL
ESTABLISH RULES AND REGULATIONS RELATING TO CONDITIONS IN THE INSTITU-
TION OR LOCAL CORRECTIONAL FACILITY, TREATMENT AND CARE THAT SHALL
INCLUDE, BUT IS NOT LIMITED TO:
(A) REGULARLY SCHEDULED OBSTETRIC CARE APPOINTMENTS WITH A MEDICAL
PRACTITIONER, BEGINNING IN EARLY PREGNANCY, WITHIN ONE WEEK OF THE
INSTITUTION OR LOCAL CORRECTIONAL FACILITY LEARNING AN INDIVIDUAL IS
S. 9005--B 154
PREGNANT, AND CONTINUING AS RECOMMENDED BY MEDICAL PERSONNEL THROUGH THE
POSTPARTUM PERIOD;
(B) AN APPOINTMENT TO BE SCHEDULED WITHIN THE FIRST WEEK OF THE INSTI-
TUTION OR LOCAL CORRECTIONAL FACILITY LEARNING AN INDIVIDUAL IS PREGNANT
AND WHICH APPOINTMENT SHALL TAKE PLACE WITHIN A REASONABLE TIMEFRAME,
NOT TO EXCEED FOUR WEEKS. SUCH APPOINTMENT SHALL INCLUDE A COMPREHENSIVE
PRENATAL EXAMINATION APPROPRIATE TO THE TRIMESTER AND HEALTH OF SUCH
INDIVIDUAL AS RECOMMENDED BY THE AMERICAN COLLEGE OF OBSTETRICIANS AND
GYNECOLOGISTS. IF THE MEDICAL PRACTITIONER IS NOT A HIGH-RISK OBSTETRI-
CIAN AND DETERMINES THAT A REFERRAL TO A HIGH-RISK OBSTETRICIAN IS
NECESSARY, SUCH INDIVIDUAL SHALL BE REFERRED TO A HIGH-RISK OBSTETRICIAN
WITHOUT DELAY;
(C) PRENATAL APPOINTMENTS WITH A MEDICAL PRACTITIONER PURSUANT TO THIS
PARAGRAPH AT A FREQUENCY IN LINE WITH RECOMMENDATIONS BY THE AMERICAN
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS;
(D) FETAL ULTRASOUND IMAGING CONDUCTED BY A SONOGRAPHER WHO IS CERTI-
FIED IN OR WHO HAS RECEIVED A DEGREE IN SONOGRAPHY FROM A NATIONAL
CERTIFYING OR DEGREE-GRANTING BODY AT A FREQUENCY DETERMINED BY THE
MEDICAL PRACTITIONER CARING FOR SUCH INDIVIDUAL, INCLUDING, AT A MINI-
MUM: ONE DATING ULTRASOUND IF SUCH INDIVIDUAL IS IN THEIR FIRST TRIMES-
TER OR HAS NOT YET HAD OR DOES NOT HAVE RECORDS OF A PRIOR SUCH ULTRA-
SOUND; ONE ULTRASOUND TO ASSESS FETAL ANATOMY BETWEEN EIGHTEEN AND
TWENTY-TWO WEEKS OF PREGNANCY IF SUCH INDIVIDUAL HAS NOT YET REACHED
TWENTY-TWO WEEKS OF PREGNANCY; AND WITHIN TWO WEEKS OF ENTERING CUSTODY
IN AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY IF SUCH INDIVIDUAL
ENTERS CUSTODY PAST TWENTY-TWO WEEKS OF PREGNANCY. SUCH INDIVIDUAL SHALL
BE PERMITTED TO VIEW THEIR ULTRASOUND IMAGING DURING THE PROCEDURE AND
SHALL BE PROVIDED WITH PHYSICAL IMAGES FROM THE ULTRASOUND TO KEEP AT
THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY AND AN ADDITIONAL COPY
FOR A PERSON OF THE INDIVIDUAL'S CHOOSING IF SUCH IMAGES ARE CAPABLE OF
BEING GENERATED AND IF SUCH INDIVIDUAL WANTS SUCH IMAGES;
(E) FOR INDIVIDUALS WITH A HIGH-RISK PREGNANCY, THE FREQUENCY OF
PRENATAL APPOINTMENTS SHALL BE DETERMINED BY THE HIGH-RISK OBSTETRICIAN
CARING FOR SUCH INDIVIDUALS IN LINE WITH RECOMMENDATIONS BY THE AMERICAN
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS;
(F) EMERGENCY ACCESS TO A MEDICAL PRACTITIONER PURSUANT TO THIS PARA-
GRAPH FOR TWENTY-FOUR HOURS PER DAY SEVEN DAYS PER WEEK. IF EMERGENCY
ACCESS IS NEEDED, SUCH INDIVIDUALS SHALL BE PERMITTED TO SPEAK WITH SUCH
PRACTITIONERS DIRECTLY;
(G) NO CORRECTION STAFF OR VOLUNTEERS SHALL BE PRESENT DURING THESE
EXAMINATIONS UNLESS REQUESTED BY THE BIRTHING PARENT OR BY THE MEDICAL
STAFF WHEN THE SITUATION POSES A CLEAR RISK OF DANGER TO THE MEDICAL
STAFF OR OTHERS;
(H) AT LEAST ONCE EACH TRIMESTER, A CONSULTATION WITH A NUTRITIONIST
OR DIETICIAN ABOUT PREGNANCY APPROPRIATE NUTRITION AND PHYSICAL ACTIV-
ITY;
(I) ACCESS TO A DENTIST WITHIN ONE MONTH OF THE INSTITUTION OR LOCAL
CORRECTIONAL FACILITY LEARNING SUCH INDIVIDUAL IS PREGNANT. SUCH DENTIST
SHALL OFFER SUCH INDIVIDUAL A COMPREHENSIVE EXAM, CLEANING, AND TIMELY
REFERRAL TO DENTAL SPECIALISTS IF NECESSARY, PURSUANT TO THE RECOMMENDA-
TIONS BY THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS;
(J) AT LEAST ONE CONSULTATION PRIOR TO THE BIRTH BETWEEN SUCH INDIVID-
UAL AND SUCH INDIVIDUAL'S MEDICAL PRACTITIONER, MIDWIFE, AND/OR DOULA,
TO DISCUSS ANTICIPATORY GUIDANCE RELATED TO THE BIRTH AND ESTABLISH A
BIRTH PLAN, INCLUDING BUT NOT LIMITED TO:
S. 9005--B 155
(I) MODES OF DELIVERY, POSSIBLE INTERVENTIONS AND GUIDANCE REGARDING
MEDICAL TESTING AND FETAL MONITORING;
(II) MEDICATION THAT MAY BE EMPLOYED DURING BIRTH AND THE POSSIBLE
SIDE EFFECTS OF SUCH MEDICATION ON SUCH INDIVIDUAL AND THEIR NEWBORN
CONSISTENT WITH SECTION TWENTY-FIVE HUNDRED THREE OF THE PUBLIC HEALTH
LAW;
(III) PREFERENCES FOR NEWBORN FEEDING AND CARE, INCLUDING CIRCUMCISION
IF APPLICABLE;
(IV) INFORMATION FOR MATERNITY PATIENTS AS REQUIRED BY SECTION TWEN-
TY-EIGHT HUNDRED THREE-J OF THE PUBLIC HEALTH LAW;
(V) INFORMATION REGARDING THE LENGTH OF HOSPITAL STAY FOR MATERNITY
PATIENTS CONTAINED IN SECTION TWENTY-EIGHT HUNDRED THREE-N OF THE PUBLIC
HEALTH LAW; AND
(VI) A COMPREHENSIVE POSTPARTUM APPOINTMENT SCHEDULE WITH A MEDICAL
PRACTITIONER PURSUANT TO THIS PARAGRAPH AT A FREQUENCY DETERMINED BY
SUCH PRACTITIONER BASED ON THE HEALTH OF SUCH INDIVIDUAL AND ANY COMPLI-
CATIONS RELATED TO BIRTH, INCLUDING ONE APPOINTMENT THREE WEEKS AFTER A
VAGINAL BIRTH AND TWO WEEKS AFTER A CESAREAN SECTION, AND ANOTHER
APPOINTMENT TWELVE WEEKS AFTER BIRTH, IN ACCORDANCE WITH RECOMMENDATIONS
FROM THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS;
(K) PERINATAL VITAMINS THAT MEET THE STANDARDS OF THE UNITED STATES
FOOD AND DRUG ADMINISTRATION AND THAT INCLUDE KEY VITAMINS AND MINERALS
AS RECOMMENDED BY THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLO-
GISTS IN ORDER TO SAFELY DELIVER A CHILD AND BREAST FEED THEM;
(L) EVIDENCE-BASED TREATMENT AND MEDICATION FOR OPIOID USE DISORDER,
SMOKING CESSATION, ALCOHOL USE DISORDER AND OTHER SUBSTANCE USE DISOR-
DERS SHALL NOT BE DENIED ON ACCOUNT OF PREGNANCY;
(M) SCREENING FOR HIV, HEPATITIS B, SYPHILIS, CHLAMYDIAL INFECTION,
AND NEISSERIA GONORRHEAE, AS RECOMMENDED BY THE AMERICAN ACADEMY OF
PEDIATRICS AND THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS
WITH PRIOR WRITTEN AND ORAL INFORMED CONSENT SPECIFIC TO THE TEST;
(N) CONSULTATION ACCESS TO INFLUENZA AND TDAP VACCINES;
(O) SCREENING FOR MENTAL HEALTH CONCERNS AND PSYCHOLOGICAL AND PSYCHI-
ATRIC THERAPY AND TREATMENT AS NEEDED, INCLUDING CONSULTATION REGARDING
PSYCHIATRIC MEDICATIONS AND PROVISION TO PSYCHIATRIC MEDICATIONS THAT
ARE SAFE DURING PREGNANCY;
(P) MEDICAL CARE DURING LABOR AND DELIVERY, WHICH SHALL INCLUDE CARE
BY QUALIFIED MEDICAL PERSONNEL, SUCH AS SOMEONE WHO HAS BEEN CERTIFIED
IN OBSTETRICS BY THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR A COMPARA-
BLE NATIONAL CERTIFYING BOARD OR A MIDWIFE LICENSED TO PRACTICE MIDWIF-
ERY PURSUANT TO ARTICLE ONE HUNDRED FORTY OF THE EDUCATION LAW PROVIDED
THAT SUCH A MIDWIFE IS AVAILABLE AND SUCH INDIVIDUAL REQUESTS MIDWIFERY
CARE AND NECESSARY MEDICAL EQUIPMENT, INCLUDING FULL ACCESS TO PAIN
MANAGEMENT MEDICATIONS WHEN SAFE. A BIRTHING PARENT SHALL REMAIN AT THE
HOSPITAL AND IN CARE BY QUALIFIED MEDICAL PERSONNEL FOR FORTY-EIGHT
HOURS AFTER VAGINAL BIRTH AND NINETY-SIX HOURS AFTER CESAREAN BIRTH IN
ACCORDANCE WITH RECOMMENDATIONS FROM THE AMERICAN COLLEGE OF OBSTETRI-
CIANS AND GYNECOLOGISTS. PRIOR TO RELEASE FROM THE HOSPITAL, THE BIRTH-
ING PARENT SHALL RECEIVE CONSULTATIONS FROM QUALIFIED PRACTITIONERS TO
INCLUDE BUT NOT BE LIMITED TO A CERTIFIED DIETICIAN AND/OR NUTRITIONIST
FOR POSTPARTUM PHYSICAL ACTIVITY RECOMMENDATIONS APPROPRIATE TO LABOR
AND DELIVERY OUTCOMES OF THE BIRTHING PARENT;
(Q) TIMELY ACCESS TO MEDICATIONS, VACCINES, AND PRENATAL, PERINATAL,
POSTPARTUM, AND FETAL TESTS AS RECOMMENDED BY THE MEDICAL PRACTITIONER
CARING FOR SUCH INDIVIDUAL AND TIMELY ACCESS TO RESULTS OF SUCH TESTS,
S. 9005--B 156
INCLUDING TESTS IDENTIFYING THE SEX OF THE FETUS, IF SUCH INDIVIDUAL
CONFIRMS THEY WANT THIS INFORMATION;
(R) APPROPRIATE HYDRATION AND NUTRITION. SUCH HYDRATION SHALL INCLUDE
DISTILLED WATER FOR BOTTLES AND BOTTLED FILTERED WATER FOR DRINKING.
SUCH NUTRITION SHALL INCLUDE THE PROVISION OF ADDITIONAL PORTIONS OF
NUTRITIOUS FOOD, FRESH FRUITS AND VEGETABLES THAT ARE SAFE TO CONSUME
DURING THE PRENATAL, PERINATAL AND POSTPARTUM PERIODS, INCLUDING BREAST-
FEEDING-RELATED NUTRITIONAL RECOMMENDATIONS OF THE AMERICAN COLLEGE OF
OBSTETRICIANS AND GYNECOLOGISTS AND THE AMERICAN ACADEMY OF PEDIATRICS.
THESE INDIVIDUALS MAY REQUEST AN ADDITIONAL TRAY OF FOOD, MILK, AND
HYDRATION TO BRING BACK TO THEIR LIVING AREA DURING THE PRENATAL, PERI-
NATAL AND POSTPARTUM PERIODS AND WHILE BREASTFEEDING;
(S) REGULAR ACCESS TO SAFE AND APPROPRIATE EXERCISE FACILITIES FOR AT
LEAST ONE HOUR PER DAY DURING THE PRENATAL, PERINATAL AND POSTPARTUM
PERIODS AS APPROPRIATE TO THEIR PHYSICAL HEALTH AND BIRTH OUTCOME, AS
WELL AS TRIPS OUTSIDE THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY
GUIDED BY CORRECTIONAL OFFICERS FOR BIRTHING PARENTS;
(T) REASONABLE ACCOMMODATIONS FOR SLEEP, REST, AND WORK REQUIREMENTS
FOR THE PRENATAL, PERINATAL AND POSTPARTUM PERIODS AND THE ENTIRE PERIOD
THE CHILD REMAINS WITH BIRTHING PARENT. REPRIEVE FROM DAILY ACTIVITIES,
SUCH AS REPEATEDLY CLIMBING STAIRS AND LIFTING HEAVY ITEMS, IF THE
MEDICAL PRACTITIONER PROVIDING CARE TO SUCH INDIVIDUAL DETERMINES THAT
SUCH ACTIVITIES PRESENT A RISK OF HARM TO SUCH INDIVIDUAL;
(U) ACCESS TO SEATING WITH BACK SUPPORT IN SITUATIONS THAT REQUIRE
SITTING, INCLUDING WAITING FOR AN APPOINTMENT AND PARTICIPATING IN
PROGRAMS OR WORK DUTIES;
(V) PRIVACY WITH REGARD TO THE CARE OF PRENATAL, PERINATAL, AND POST-
PARTUM CONDITIONS. BREASTFEEDING BIRTHING PARENTS SHALL HAVE ACCESS TO A
NURSING COVER;
(W) PREVENTION FROM EXPOSURE TO SUBSTANCES OR CHEMICALS THAT COULD
PRESENT A RISK OF HARM TO THE BIRTHING PARENT DURING THE PRENATAL, PERI-
NATAL AND POSTPARTUM PERIODS OR SUCH PERSON'S FETUS OR INFANT;
(X) SAFE AND APPROPRIATE HOUSING AND LIVING CONDITIONS, INCLUDING
ADEQUATE BEDDING, CLOTHING, AND PERSONAL HYGIENE AND SELF-CARE SUPPLIES
DURING PRENATAL, PERINATAL AND POSTPARTUM PERIODS AND DURING THE ENTIRE
PERIOD THE CHILD REMAINS WITH THE BIRTHING PARENT. BEDDING INCLUDES
ADDITIONAL MATTRESSES, PILLOWS, BLANKETS, AND SHEETS;
(Y) IN-PERSON CONSULTATIONS WITH LEGAL COUNSEL OF THEIR CHOICE REGARD-
ING THEIR POSTPARTUM DECISIONS RELATED TO THE SHORT TERM AND LONG TERM
CARE OF THE CHILD, OR BY TELEPHONE OR VIDEO IF NECESSARY, AND APPROPRI-
ATE PEER AND SOCIAL SUPPORT OF OTHER INCARCERATED PARENTS IN PERSON OR
ONLINE OR VIA VIDEOCONFERENCE IF NECESSARY. SUCH POSTPARTUM INDIVIDUALS
SHALL ALSO HAVE ACCESS TO REASONABLE TECHNOLOGY TO TAKE AND SHARE PHOTOS
OF SUCH PERSON'S CHILD;
(Z) AUTHORITY TO MAKE DECISIONS REGARDING THEIR CHILD'S DAILY LIFE
INCLUDING FEEDING, DRESSING, SLEEPING, AND HYGIENE, PROVIDED THAT SUCH
DECISIONS DO NOT PRESENT A SIGNIFICANT RISK TO THE HEALTH OF THE CHILD
OR THE SAFETY AND SECURITY OF THE INSTITUTION OR LOCAL CORRECTIONAL
FACILITY; AND
(AA) FREEDOM FROM DISCRIMINATION WITH RESPECT TO ACCESS TO SERVICES,
EDUCATION OR PROGRAMMING, INCLUDING PROGRAMMING RELATED TO EARLY RELEASE
OR SENTENCE-SHORTENING OPTIONS.
4. (A) A child [so born may be returned with its mother to the correc-
tional institution in which the mother is confined] SHALL HAVE THE RIGHT
TO RETURN WITH THEIR BIRTHING PARENT AND REMAIN IN THE INSTITUTION OR
LOCAL CORRECTIONAL FACILITY WITH THEIR BIRTHING PARENT:
S. 9005--B 157
(I) UNTIL THE CHILD IS EIGHTEEN MONTHS OLD; PROVIDED, HOWEVER, THAT IF
THE BIRTHING PARENT IS TO BE PAROLED BY THE TIME THE CHILD BECOMES TWEN-
TY-FOUR MONTHS OF AGE, SUCH CHILD MAY REMAIN AT THE INSTITUTION OR
LOCAL CORRECTIONAL FACILITY UNTIL THE BIRTHING PARENT IS PAROLED. IF A
BIRTHING PARENT OF A CHILD UNDER THE AGE OF EIGHTEEN MONTHS IS INCARCER-
ATED AT AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY, SUCH CHILD MAY
ACCOMPANY SUCH PERSON TO SUCH INSTITUTION OR FACILITY IF SUCH PERSON IS
PHYSICALLY FIT TO HAVE THE CARE OF SUCH CHILD, SUBJECT TO THE PROVISIONS
OF THIS SECTION. IF ANY PERSON COMMITTED TO ANY SUCH INSTITUTION OR
FACILITY AT THE TIME OF SUCH COMMITMENT IS THE BIRTHING PARENT OF, AND
HAS UNDER THEIR EXCLUSIVE CARE, A CHILD MORE THAN EIGHTEEN MONTHS OF
AGE, THE JUSTICE OR MAGISTRATE COMMITTING SUCH PERSON SHALL REFER SUCH
CHILD TO THE COMMISSIONER OF PUBLIC WELFARE OR OTHER OFFICER OR BOARD
EXERCISING IN RELATION TO CHILDREN THE POWER OF A COMMISSIONER OF PUBLIC
WELFARE OF THE COUNTY FROM WHICH THE PERSON IS COMMITTED TO BE CARED FOR
AS PROVIDED BY LAW IN THE CASE OF A CHILD BECOMING DEPENDENT UPON THE
COUNTY.
(II) unless the chief medical officer of the [correctional] institu-
tion [shall certify that the mother is physically unfit to care for the
child, in which case the statement of the said medical officer shall be
final. A child may remain in the correctional institution with its
mother for such period as seems desirable for the welfare of such child,
but not after it is one year of age, provided, however, if the mother is
in a state reformatory and is to be paroled shortly after the child
becomes one year of age, such child may remain at the state reformatory
until its mother is paroled, but in no case after the child is eighteen
months old. If a pregnant woman or mother of a child under the age of
eighteen months is incarcerated at a state or local correctional facili-
ty, the department shall inform her of her ability to apply to any nurs-
ery program run by the department and the locality] OR LOCAL CORRECTION-
AL FACILITY DEMONSTRATES A FINDING BY CLEAR AND CONVINCING EVIDENCE THAT
SUCH PERSON POSES AN IMMINENT RISK TO THE HEALTH AND SAFETY OF THE
CHILD.
(B) Any [woman] PERSON confined in [a state] AN INSTITUTION or local
correctional facility shall receive notice in writing in a language and
manner understandable to [her] THEM about [the requirements of] THEIR
RIGHTS UNDER this section upon [her] THEIR admission to [a state] AN
INSTITUTION or local correctional facility and again when [she is] THEY
ARE known to be pregnant. The superintendent or sheriff shall publish
notice of [the requirements of this section] SUCH RIGHTS in prominent
locations where medical care is provided. [The officer in charge of such
institution may cause a child cared for therein with its mother to be
removed from the institution at any time before the child is one year of
age. He or she shall make provision for a child removed from the insti-
tution without its mother or a child born to a woman incarcerated indi-
vidual who is not returned to the institution with its mother as herein-
after provided. He or she]
(C) NO CHILD SHALL BE REMOVED FROM THE NURSERY WITHOUT THE EXPRESS
ORAL AND WRITTEN CONSENT OF THE BIRTHING PARENT OR A FINDING, BY CLEAR
AND CONVINCING EVIDENCE, THAT THE BIRTHING PARENT POSES AN IMMINENT RISK
TO THE HEALTH AND SAFETY OF THE CHILD AND THAT THIS RISK CANNOT BE MITI-
GATED THROUGH REASONABLE EFFORTS ON BEHALF OF THE INSTITUTION OR LOCAL
CORRECTIONAL FACILITY. THE RIGHT TO COUNSEL AND DUE PROCESS SHALL BE
AFFORDED TO THE BIRTHING PARENT AS WELL AS TO THE CHILD PRIOR TO, OR
SHORTLY AFTER, SUCH REMOVAL AND IF THE FINDING ABOVE IS NOT SUSTAINED,
THE CHILD SHALL BE IMMEDIATELY RETURNED TO THE CARE AND CUSTODY OF THE
S. 9005--B 158
BIRTHING PARENT. THE OFFICER IN CHARGE OF AN INSTITUTION OR LOCAL
CORRECTIONAL FACILITY may, upon proof being furnished by the [father]
NON-BIRTHING PARENT or other relatives of [their] SUCH RELATIVES' abili-
ty to properly care for and maintain such child, AND WITH THE EXPRESS
WRITTEN AND ORAL CONSENT OF THE BIRTHING PARENT WHO GAVE BIRTH TO THE
CHILD WITHIN THE PREVIOUS EIGHTEEN MONTHS, give the child into the care
and custody of such [father] NON-BIRTHING PARENT or other relatives, who
shall thereafter maintain the same at their own expense. If it shall
appear that such [father] NON-BIRTHING PARENT or other relatives are
unable to properly care for and maintain such child, such officer shall
place the child in the care of the commissioner of public welfare or
other officer or board exercising in relation to children the power of a
commissioner of public welfare of the county from which such [incarcer-
ated individual] BIRTHING PARENT was committed as a charge upon such
county. The officer in charge of the correctional institution shall send
to such commissioner, officer or board a report of all information
available in regard to the [mother] BIRTHING PARENT and the child. Such
commissioner of public welfare or other officer or board shall care for
or place out such child as provided by law in the case of a child becom-
ing dependent upon the county.
[3. If any woman, committed to any such correctional institution at
the time of such commitment is the mother of a nursing child in her care
under one year of age, such child may accompany her to such institution
if she is physically fit to have the care of such child, subject to the
provisions of subdivision two of this section. If any woman committed to
any such institution at the time of such commitment is the mother of and
has under her exclusive care a child more than one year of age the
justice or magistrate committing such woman shall refer such child to
the commissioner of public welfare or other officer or board exercising
in relation to children the power of a commissioner of public welfare of
the county from which the woman is committed to be cared for as provided
by law in the case of a child becoming dependent upon the county.
4.] 5. THE BIRTHING PARENT AND THEIR CHILD IN THE NURSERY OF THE
CORRECTIONAL INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL BE ENTI-
TLED TO THE FOLLOWING RIGHTS AND CONDITIONS:
(A) SEPARATION OR THE THREAT OF SEPARATION OF A BIRTHING PARENT WHO IS
CARING FOR THEIR CHILD IN THE NURSERY OF THE INSTITUTION OR LOCAL
CORRECTIONAL FACILITY SHALL NEVER BE USED AS A DISCIPLINARY TOOL OR
SANCTION.
(B) NO PERSON SHALL CARE FOR THE CHILD WITHOUT THE EXPRESS PERMISSION
OF THE BIRTHING PARENT.
(C) BIRTHING PARENTS WHO ARE CARING FOR THEIR CHILD IN THE NURSERY
WHILE INCARCERATED SHALL HAVE QUIET AND PRIVATE SLEEPING SPACES UNTIL
THEIR CHILD IS WEANED OR SUCH CHILD CONSISTENTLY SLEEPS THROUGH THE
NIGHT, WHICHEVER OCCURS LATER.
(D) BIRTHING PARENTS WHO ARE CARING FOR THEIR CHILD IN THE NURSERY OF
THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL HAVE TIMELY CONSUL-
TATIONS WITH PEDIATRICIANS, INCLUDING IN-PERSON CONSULTATIONS. THESE
APPOINTMENTS SHALL BE CONDUCTED AFTER BIRTH, AT ONE MONTH, TWO MONTHS,
FOUR MONTHS, SIX MONTHS, NINE MONTHS, ONE YEAR, FIFTEEN MONTHS, EIGHTEEN
MONTHS, AND TWENTY-FOUR MONTHS, ACCORDING TO THE AMERICAN ACADEMY OF
PEDIATRICS.
(E) BIRTHING PARENTS WHO ARE CARING FOR THEIR CHILD IN THE NURSERY OF
THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL BE PROVIDED WITH
APPROPRIATE OVER-THE-COUNTER MEDICATIONS FOR THEIR CHILD, REGARDLESS OF
WHETHER THE BIRTHING PARENT HAS CONSULTED WITH A PEDIATRICIAN.
S. 9005--B 159
(F) BIRTHING PARENTS WHO HAVE GIVEN BIRTH WITHIN THE PREVIOUS EIGHTEEN
MONTHS SHALL BE PROVIDED WITH COUNSELING REGARDING ALL OPTIONS OPEN TO
THEM, INCLUDING ALL RIGHTS UNDER THIS SECTION TO POSTPARTUM CARE, TO
MAINTAIN THE CARE AND CUSTODY OF THEIR CHILD WHILE INCARCERATED, ALL
RIGHTS OF SUCH CHILD TO RECEIVE PEDIATRIC CARE AND A SAFE, NURTURING AND
DEVELOPMENTALLY APPROPRIATE ENVIRONMENT, AND ALTERNATIVE CARE ARRANGE-
MENTS FOR THEIR CHILD.
(G) UNDER NO CIRCUMSTANCES SHALL A BIRTHING PARENT WHO HAS GIVEN BIRTH
WITHIN THE PRIOR EIGHTEEN MONTHS AND WHO IS CARING FOR THEIR CHILD WHILE
INCARCERATED BE SUBJECTED TO ISOLATION OR SEGREGATED CONFINEMENT, USED
AS A DISCIPLINARY TOOL OR SANCTION, WITH OR WITHOUT THEIR CHILD.
6. CHILDREN BORN TO BIRTHING PARENTS AND WHO ARE CARED FOR IN THE
NURSERY OF THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL HAVE THE
RIGHT TO THE FOLLOWING:
(A) IN ADDITION TO THE REQUIREMENTS OF SECTION 7651.17 OF TITLE 9 OF
THE CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK, APPROPRIATE
PEDIATRIC CARE, INCLUDING ALL NECESSARY MEDICAL AND DEVELOPMENTAL TEST-
ING, AS RECOMMENDED BY THE AMERICAN ACADEMY OF PEDIATRICS;
(B) AN APPOINTMENT FOR SUCH CHILD WITH A PHYSICIAN, PHYSICIAN ASSIST-
ANT, OR NURSE PRACTITIONER WHO IS CERTIFIED BY A NATIONAL CERTIFYING
BOARD TO PROVIDE PEDIATRIC CARE AT THE NEXT MEDICALLY APPROPRIATE POINT
AFTER LEAVING THE HOSPITAL IN WHICH THE CHILD WAS BORN, ALONG WITH
APPOINTMENTS WITH SUCH A PRACTITIONER AT REGULAR INTERVALS AS RECOM-
MENDED BY THE AMERICAN ACADEMY OF PEDIATRICS AND TIMELY ACCESS TO PEDIA-
TRIC SPECIALISTS AS RECOMMENDED BY SUCH A PRACTITIONER. SUCH APPOINT-
MENTS SHALL BE CONDUCTED AFTER BIRTH, ONE MONTH, TWO MONTHS, FOUR
MONTHS, SIX MONTHS, NINE MONTHS, ONE YEAR, FIFTEEN MONTHS, EIGHTEEN
MONTHS, AND TWENTY-FOUR MONTHS;
(C) EMERGENCY ACCESS TO A PHYSICIAN, PHYSICIAN ASSISTANT, OR NURSE
PRACTITIONER WHO IS CERTIFIED BY A NATIONAL CERTIFYING BOARD TO PROVIDE
PEDIATRIC CARE TWENTY-FOUR HOURS PER DAY, SEVEN DAYS PER WEEK. SUCH
EMERGENCY ACCESS SHALL INCLUDE MEDICAL CARE FOR INFANTS WITHIN TWO HOURS
OF INFANT DISTRESS. A TELEHEALTH OPTION SHALL BE AVAILABLE WHEN NECES-
SARY AS A LAST RESORT;
(D) ACCESS TO ALL RELEVANT FEATURES OF EARLY INTERVENTION OR OTHER
SPECIAL MEDICAL OR DEVELOPMENTAL SERVICES WHEN NEEDED AS DETERMINED BY
AN ASSESSMENT, VIA EXPERTS WITHIN OR OUTSIDE THE FACILITY AS STATED IN
ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW;
(E) A CLEAN, SAFE AND NURTURING ENVIRONMENT FOR CHILDREN, WHICH
INCLUDES SAFE AND APPROPRIATE SLEEPING ARRANGEMENTS THAT REDUCE THE RISK
OF SUDDEN INFANT DEATH SYNDROME, SAFE AND APPROPRIATE PLAYING, EATING,
AND BATHING SPACES, ADEQUATE HYGIENE AND PERSONAL CARE SUPPLIES,
ADEQUATE OVER-THE-COUNTER MEDICATION FOR COMMON CONDITIONS SUCH AS
COLDS, TEETHING PAIN, AND DIAPER RASH, AND DAILY ACCESS TO NATURAL
LIGHT, QUIET, AND MUSIC;
(F) ACCESS TO NONPRESCRIPTION PEDIATRIC MEDICATIONS, CREAMS, OINT-
MENTS, AND SPRAYS APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINIS-
TRATION UPON THE BIRTHING PARENT'S REQUEST;
(G) FULL OPPORTUNITY TO BOND WITH SUCH CHILD'S BIRTHING PARENTS,
INCLUDING CONSISTENT AND EXTENSIVE PHYSICAL SKIN-TO-SKIN CONTACT FROM
THE MOMENT OF BIRTH;
(H) HEALTHY NUTRITION, INCLUDING BREASTFEEDING OR BREAST MILK THAT HAS
BEEN PUMPED, STORED AND WARMED, IF SUCH BIRTHING PARENT SO CHOOSES;
(I) ADEQUATE QUANTITIES OF AGE-APPROPRIATE DIAPERS, BABY CLOTHES, BABY
BLANKETS, BURP CLOTHS, BIBS, BABY BATHING EQUIPMENT, AND DEVELOPMENTALLY
APPROPRIATE TOYS;
S. 9005--B 160
(J) A SAFE PLACE SEPARATED FROM THE GENERAL INCARCERATED POPULATION;
(K) REASONABLE VISITING HOURS FROM FAMILY AND FRIENDS, SUBJECT TO THE
CONSENT OF THE BIRTHING PARENT; AND
(L) TIME OUTDOORS WITH THEIR BIRTHING PARENT FOR AT LEAST ONE HOUR PER
DAY.
7. Upon admitting a [woman] PERSON known to be pregnant, or upon
learning of pregnancy status, the chief medical officer of each INSTITU-
TION OR LOCAL correctional facility housing [female incarcerated indi-
viduals] BIRTHING PARENTS, including the medical professional responsi-
ble for each local correctional facility housing [female incarcerated
individuals] BIRTHING PARENTS, or such officer or professional's desig-
nee, shall immediately inform such [woman] BIRTHING PARENT of [the
option of participating in] THEIR RIGHT TO COMPREHENSIVE pregnancy coun-
seling services and the right to abortion services.
8. ENFORCEMENT. (A) THE DEPARTMENT OR THE COMMISSION SHALL PROMULGATE
RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION
WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVI-
SION.
(B) IF A BIRTHING PARENT CLAIMS THAT EITHER THEY OR THE CHILD IN THEIR
CARE HAVE SUFFERED AS A RESULT OF CONDUCT PROHIBITED UNDER THIS SECTION
OR HAVE BEEN DENIED THE RIGHTS PROVIDED IN THIS SECTION, THE PROVISIONS
OF THIS SECTION SHALL BE ENFORCEABLE BY A PROCEEDING BROUGHT PURSUANT TO
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
§ 3. Subdivision 33 of section 2 of the correction law, as added by
chapter 93 of the laws of 2021, is amended to read as follows:
33. "Special populations" means any person: (a) twenty-one years of
age or younger; (b) fifty-five years of age or older; (c) with a disa-
bility as defined in paragraph (a) of subdivision twenty-one of section
two hundred ninety-two of the executive law; or (d) who is pregnant, in
the first [eight weeks] TWELVE WEEKS of the [post-partum] POSTPARTUM
recovery period after giving birth, or caring for a child in a correc-
tional institution pursuant to [subdivisions two or three of] section
six hundred eleven of this chapter.
§ 4. Severability. If any word, phrase, clause, sentence, paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the word, phrase, clause, sentence, paragraph, section, or part ther-
eof directly involved in the controversy in which such judgment shall
have been rendered.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART MM
Section 1. Paragraph (b) of subdivision 3 of section 99-ii of the
state finance law, as added by chapter 92 of the laws of 2021, is
amended to read as follows:
(b) Reasonable costs incurred by the office of cannabis management and
the cannabis control board for implementing, administering, and enforc-
ing the marihuana regulation and taxation act, INCLUDING, BUT NOT LIMIT-
ED TO, THE COST OF IMPLEMENTING TRACK AND TRACING OF PRODUCT PROGRAMS.
§ 2. This act shall take effect immediately.
PART NN
S. 9005--B 161
Section 1. The veterans' services law is amended by adding a new
section 29-f to read as follows:
§ 29-F. VETERAN-OWNED BUSINESS DIRECTORY. 1. AS USED IN THIS SECTION
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "BUSINESS OWNED AND CONTROLLED BY VETERANS" MEANS A BUSINESS (I)
NOT LESS THAN FIFTY-ONE PERCENT OF WHICH IS OWNED BY ONE OR MORE VETER-
ANS, OR, IN THE CASE OF ANY PUBLICLY OWNED BUSINESS, NOT LESS THAN
FIFTY-ONE PERCENT OF THE STOCK OF WHICH IS OWNED BY ONE OR MORE VETER-
ANS; (II) THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF WHICH ARE
CONTROLLED BY ONE OR MORE VETERANS; AND (III) AUTHORIZED TO DO BUSINESS
IN THE STATE AND WHICH IS INDEPENDENTLY OWNED AND OPERATED.
(B) "VETERAN" MEANS A PERSON, AS DEFINED IN SECTION ONE OF THIS ARTI-
CLE, WHO SERVED ON ACTIVE DUTY AND HAS BEEN DISCHARGED OR RELEASED THER-
EFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, OR HAS A QUALIFYING
CONDITION AS DEFINED IN SECTION ONE OF THIS ARTICLE AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE, OR IS A DISCHARGED
LGBT VETERAN AS DEFINED IN SECTION ONE OF THIS ARTICLE AND HAS RECEIVED
A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE;
(C) "SERVICE-DISABLED VETERAN" SHALL HAVE THE SAME MEANING AS DEFINED
IN SECTION FORTY OF THIS CHAPTER;
(D) "CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISE"
SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION FORTY OF THIS CHAPTER;
AND
(E) "VETERAN-OWNED BUSINESS ENTERPRISES" SHALL MEAN BUSINESSES OWNED
AND CONTROLLED BY VETERANS, AND SERVICE-DISABLED VETERAN-OWNED BUSINESS
ENTERPRISES.
2. THE DEPARTMENT, WITH THE AID AND ASSISTANCE OF THE DIVISION OF
SMALL BUSINESS, THE DEPARTMENT OF LABOR, THE DIVISION OF SERVICE-DISA-
BLED VETERANS' BUSINESS DEVELOPMENT, AND THE OFFICE OF GENERAL SERVICES,
SHALL DEVELOP, REGULARLY UPDATE, AND MAKE AVAILABLE TO STATE AGENCIES
AND THE PUBLIC A DIRECTORY OF VETERAN-OWNED BUSINESS ENTERPRISES WHICH
SHALL, WHEREVER PRACTICABLE, BE DIVIDED INTO CATEGORIES OF LABOR,
SERVICES, SUPPLIES, EQUIPMENT, MATERIALS AND RECOGNIZED CONSTRUCTION
TRADES AND WHICH SHALL INDICATE AREAS OR LOCATIONS OF THE STATE WHERE
SUCH ENTERPRISES ARE AVAILABLE TO PERFORM SERVICES. SUCH DIRECTORY
SHALL USE AN ASTERISK OR OTHER SPECIAL MARK TO DENOTE ANY VETERAN-OWNED
BUSINESS ENTERPRISES WHICH ARE SERVICE-DISABLED VETERAN-OWNED BUSINESS
ENTERPRISES. SUCH DIRECTORY SHALL BE POSTED ON THE DEPARTMENT'S
WEBSITE.
3. THE OFFICE OF GENERAL SERVICES SHALL ALSO USE THIS INFORMATION TO
CREATE AND REGULARLY UPDATE AN INTERNET BASED, SEARCHABLE CENTRALIZED
STATE DATABASE TO PROMOTE VETERAN-OWNED BUSINESS ENTERPRISES TO THE
PUBLIC AND SHALL POST SUCH DATABASE ON THE OFFICE OF GENERAL SERVICES'
WEBSITE.
4. THE DEPARTMENT WITH THE OFFICE OF GENERAL SERVICES SHALL CONDUCT
OUTREACH TO NOTIFY VETERAN-OWNED BUSINESS ENTERPRISES OF SUCH DIRECTORY
AND DATABASE.
5. THE DEPARTMENT SHALL DEVELOP A REGISTRATION PROCESS WITH THE OFFICE
OF GENERAL SERVICES FOR VETERAN-OWNED BUSINESS ENTERPRISES TO COMPLETE
IN ORDER TO COMPILE INFORMATION FOR INCLUSION IN THE DIRECTORY AND DATA-
BASE. THE DEPARTMENT SHALL BE RESPONSIBLE FOR VERIFYING BUSINESSES AS
BEING A BUSINESS OWNED AND CONTROLLED BY VETERANS AS DEFINED IN THIS
SECTION INCLUDING THE DEVELOPMENT OF RULES AND REGULATIONS GOVERNING THE
APPROVAL, DENIAL, OR REVOCATION OF A BUSINESS'S STATUS AS A BUSINESS
OWNED AND CONTROLLED BY VETERANS.
S. 9005--B 162
§ 2. Subdivision 7 of section 4 of the veterans' services law is
amended to read as follows:
7. To provide in cooperation with the office of general services and
the office of the comptroller a series of seminars, that shall be
conducted four or more times per year at regional sites located through-
out the state of New York for the purpose of advising veteran-owned
businesses regarding the opportunities available for obtaining procure-
ment contracts from New York state agencies, municipalities, and author-
ities. [Furthermore the] THE seminars shall provide requirements and
training that will enable veteran-owned businesses to successfully
participate in the procurement process. FURTHERMORE, THE SEMINARS SHALL
PROVIDE REGISTRATION INFORMATION REGARDING THE VETERAN-OWNED BUSINESS
DIRECTORY AND DATABASE PURSUANT TO SECTION TWENTY-NINE-F OF THIS ARTI-
CLE.
§ 3. This act shall take effect on the first of April next succeeding
the date upon which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART OO
Section 1. Short title. This act shall be known and may be cited as
the "Didarul Islam police recruitment act".
§ 2. Paragraph 2 of subdivision c of section 513 of the retirement and
social security law is amended by adding a new subparagraph (iv) to read
as follows:
(IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
MEMBER OF THE NEW YORK CITY POLICE PENSION FUND SUBJECT TO THIS ARTICLE
SHALL BE ELIGIBLE TO OBTAIN CREDIT FOR ANY PERIOD OF SERVICE RENDERED AS
A NEW YORK CITY SCHOOL SAFETY AGENT OR SUPERVISOR OF SCHOOL SAFETY
AGENTS, A NEW YORK CITY CORRECTIONS OFFICER OR SUPERVISOR OF NEW YORK
CITY CORRECTIONS OFFICERS, A NEW YORK CITY TRAFFIC ENFORCEMENT AGENT OR
SUPERVISOR OF TRAFFIC ENFORCEMENT AGENTS, OR IN THE NEW YORK CITY POLICE
DEPARTMENT CADET PROGRAM IN THE TITLE OF POLICE CADET PROGRAM OR POLICE
CADET PROGRAM II, WHICH IMMEDIATELY PRECEDES SERVICE IN THE UNIFORMED
FORCE OF THE NEW YORK CITY POLICE DEPARTMENT, AND SUCH SERVICE SHALL BE
DEEMED TO BE IN SERVICE OF THE UNIFORMED FORCE OF THE NEW YORK CITY
POLICE DEPARTMENT FOR PURPOSES OF ELIGIBILITY FOR BENEFITS AND TO DETER-
MINE THE AMOUNT OF BENEFITS UNDER THE NEW YORK CITY POLICE PENSION FUND,
PROVIDED THAT SUCH MEMBER PAYS OR TRANSFERS INTO THE NEW YORK CITY
POLICE PENSION FUND ALL MEMBER CONTRIBUTIONS SET FORTH IN SECTION FIVE
HUNDRED SEVENTEEN OF THIS ARTICLE PLUS INTEREST, AT A RATE OF FIVE
PERCENT PER ANNUM. FOR A MEMBER WHO TRANSFERS SUCH CONTRIBUTIONS FROM
THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM TO THE NEW YORK CITY
POLICE PENSION FUND OR FOR A MEMBER WHO WITHDRAWS SUCH CONTRIBUTIONS
FROM THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, SUCH MEMBER'S
MEMBERSHIP IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM SHALL CEASE
UPON SUCH TRANSFER OR WITHDRAWAL AND SUCH MEMBER SHALL RETAIN NO CREDIT-
ED SERVICE IN SUCH SYSTEM.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation would provide eligible Tier 3 New
York City Police Pension Fund (POLICE) members with credit for prior
service as a correction officer, traffic enforcement agent, school safe-
ty agent, or police cadet that immediately precedes POLICE membership.
S. 9005--B 163
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Millions)
Year NYC
2027 34.7
2028 35.9
2029 37.1
2030 38.3
2031 39.3
2032 40.1
2033 40.9
2034 41.8
2035 42.6
2036 43.3
2037 44.1
2038 45.0
2039 45.8
2040 46.6
2041 47.4
2042 20.5
2043 21.3
2044 21.8
2045 22.1
2046 22.7
2047 23.8
2048 25.1
2049 26.3
2050 27.5
2051 28.9
Projected contributions include future new hires that may be impacted.
For Fiscal Year 2052 and beyond, the expected increase in normal cost
as a level percent of pay for impacted new entrants is approximately
1.56% for each year of service purchased or transferred.
The entire increase in employer contributions will be allocated to New
York City.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($ in Millions)
Present Value (PV) NYC
(1)PV of Employer Contributions: 261.2
(2)PV of Employee Contributions: 0.7
Total PV of Benefits (1)+(2): 261.9
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are
the portion of the Present Value of Benefits allocated to past service.
Changes in UAL were amortized over the expected remaining working life-
time of those impacted using level dollar payments.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
S. 9005--B 164
NYC
Increase (Decrease) in UAL: 244.3M
Number of Payments: 15
Amortization Payment: 27.7M
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2025 and was supplemented with data
previously provided by the Police Benevolent Association. The census
data for the impacted population is summarized below.
POLICE
Active Members
- Number Count: 3,159
- Average Age: 33.2
- Average Current Uniform Service: 5.3
- Average Additional Service: 2.6
- Average Salary: 117,100
For the purposes of this Fiscal Note, and due to a lack of sufficient
data, it was assumed that service earned under the eligible titles was
immediately preceding such members' POLICE service and would therefore
be eligible for credit under the proposed legislation.
IMPACT ON MEMBER BENEFITS AND CONTRIBUTIONS: To receive service cred-
it, eligible POLICE members will need to transfer or pay the applicable
member contributions that would have otherwise been required.
Prior service may be used to determine the initial date of POLICE
membership for plan or tier eligibility and would be included in the
minimum service required for eligibility and payment of retirement bene-
fits.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems. In addition:
* New entrants were assumed to replace exiting members so that total
payroll increases by 3% each year for impacted groups. New entrant demo-
graphics were developed based on data for recent new hires and actuarial
judgement.
* Each year, 10% of new entrants are assumed to purchase an average of
2.0 years of prior service. For the purposes of this Fiscal Note, new
entrant costs have been shown assuming that the entirety of the cost
would be funded via normal cost.
To determine the impact of the elective nature of the proposed legis-
lation, a subgroup of eligible members was developed based on who is
assumed to benefit actuarially by comparing the net present value of
future employer costs of each member's benefit before and after the
assumed transfer or purchase of eligible non-uniformed service.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
S. 9005--B 165
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS, but do not believe it impairs our
objectivity, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2026-17 dated February
20, 2026 was prepared by the Chief Actuary for the New York City Retire-
ment Systems and Pension Funds and is intended for use only during the
2026 Legislative Session.
PART PP
Section 1. The retirement and social security law is amended by adding
a new section 89-z to read as follows:
§ 89-Z. OPTIONAL TWENTY-FIVE YEAR RETIREMENT PLAN FOR CERTAIN PUBLIC
SAFETY DISPATCHERS, PUBLIC SAFETY TELECOMMUNICATORS, 911 OPERATORS,
COMMUNICATIONS OFFICERS, POLICE COMMUNICATION TECHNICIANS, EMERGENCY
SERVICES OPERATORS AND EMERGENCY SERVICES DISPATCHERS EMPLOYED BY THE
STATE, OR A COUNTY OR MUNICIPAL EMERGENCY SERVICES DEPARTMENT. A. A
MEMBER EMPLOYED BY THE STATE, A COUNTY OR A MUNICIPALITY SHALL BE ELIGI-
BLE TO RETIRE PURSUANT TO THE PROVISIONS OF THIS SECTION IF SUCH
MEMBER'S EMPLOYER ELECTS TO MAKE THE BENEFITS AUTHORIZED BY THIS SECTION
AVAILABLE AS PROVIDED IN SUBDIVISION J OF THIS SECTION, AND IF SUCH
MEMBER IS A PUBLIC SAFETY DISPATCHER, PUBLIC SAFETY TELECOMMUNICATOR,
911 OPERATOR, COMMUNICATIONS OFFICERS, OR ANY SIMILAR TITLE THAT IS
RESPONSIBLE FOR RECEIVING AND MANAGING EMERGENCY CALLS, AND DISPATCHING
APPROPRIATE EMERGENCY SERVICES, INCLUDING BUT NOT LIMITED TO, LAW
ENFORCEMENT, FIRE, AND MEDICAL ASSISTANCE EMPLOYED BY THE STATE, OR A
COUNTY OR MUNICIPALITY. SUCH ELIGIBILITY SHALL BE AN ALTERNATIVE TO THE
ELIGIBILITY PROVISIONS AVAILABLE UNDER ANY OTHER PLAN OF THIS ARTICLE TO
WHICH SUCH MEMBER IS SUBJECT. THE COMPTROLLER SHALL HAVE THE AUTHORITY
TO INCLUDE POSITIONS WITHIN THE PROVISIONS OF THIS SECTION THAT COMPRE-
HEND THE SAME DUTIES AND RESPONSIBILITIES, BUT ARE NAMED DIFFERENTLY.
B. SUCH MEMBER SHALL BE ENTITLED TO RETIRE UPON THE COMPLETION OF
TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE BY FILING AN APPLICATION
THEREFOR IN THE MANNER PROVIDED FOR IN SECTION SEVENTY OF THIS ARTICLE.
C. UPON COMPLETION OF TWENTY-FIVE YEARS OF SUCH SERVICE AND UPON
RETIREMENT, EACH SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER
WITH AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF SUCH MEMBER'S
ACCUMULATED CONTRIBUTIONS AT THE TIME OF SUCH MEMBER'S RETIREMENT AND AN
ADDITIONAL PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-
FOR-INCREASED-TAKE-HOME-PAY TO WHICH SUCH MEMBER MAY THEN BE ENTITLED
SHALL BE SUFFICIENT TO PROVIDE SUCH MEMBER WITH A RETIREMENT ALLOWANCE
EQUAL TO ONE-HALF OF SUCH MEMBER'S FINAL AVERAGE SALARY.
D. AS USED IN THIS SECTION, "CREDITABLE SERVICE" SHALL INCLUDE ANY AND
ALL SERVICES PERFORMED AS A PUBLIC SAFETY DISPATCHER, PUBLIC SAFETY
TELECOMMUNICATOR, 911 OPERATOR, COMMUNICATIONS OFFICERS, POLICE COMMUNI-
CATION TECHNICIAN, EMERGENCY SERVICES OPERATOR, EMERGENCY SERVICES
DISPATCHER, OR ANY SIMILAR TITLE, EMPLOYED BY THE STATE, OR A COUNTY OR
MUNICIPAL EMERGENCY SERVICES DEPARTMENT WHO IS RESPONSIBLE FOR RECEIVING
AND MANAGING EMERGENCY CALLS, AND DISPATCHING APPROPRIATE EMERGENCY
S. 9005--B 166
SERVICES, INCLUDING BUT NOT LIMITED TO, LAW ENFORCEMENT, FIRE, AND
MEDICAL ASSISTANCE.
E. CREDIT FOR SERVICE AS A MEMBER OR OFFICER OF THE STATE POLICE OR AS
A PAID FIREFIGHTER, POLICE OFFICER OR OFFICER OF ANY ORGANIZED FIRE
DEPARTMENT OR POLICE FORCE OR DEPARTMENT OF ANY COUNTY, CITY, VILLAGE,
TOWN, FIRE DISTRICT OR POLICE DISTRICT, OR AS A CRIMINAL INVESTIGATOR IN
THE OFFICE OF A DISTRICT ATTORNEY, SHALL ALSO BE DEEMED TO BE CREDITABLE
SERVICE AND SHALL BE INCLUDED IN COMPUTING YEARS OF TOTAL SERVICE FOR
RETIREMENT PURSUANT TO THIS SECTION.
F. THE OFFICER OF THE STATE, OR CHIEF EXECUTIVE OFFICER OF A COUNTY OR
MUNICIPALITY THAT MAKES THE ELECTION PROVIDED FOR IN SUBDIVISION J OF
THIS SECTION SHALL CERTIFY TO THE COMPTROLLER, PERIODICALLY AND AT SUCH
INTERVALS OF TIME AS MAY BE REQUIRED OF THEM AND IN SUCH FASHION AS MAY
BE PRESCRIBED, THE IDENTITY OF MEMBERS IN ELIGIBLE TITLES AS DEFINED IN
SUBDIVISIONS A AND D OF THIS SECTION.
G. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION AT THE TIME OF
RETIREMENT MAY RETIRE AFTER THE COMPLETION OF TWENTY-FIVE YEARS OF TOTAL
CREDITABLE SERVICE. APPLICATION THEREFOR MAY BE FILED IN A MANNER SIMI-
LAR TO THAT PROVIDED IN SECTION SEVENTY OF THIS ARTICLE. UPON COMPLETION
OF TWENTY-FIVE YEARS OF SUCH SERVICE AND UPON RETIREMENT, EACH SUCH
MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER WITH AN ANNUITY WHICH
SHALL BE THE ACTUARIAL EQUIVALENT OF SUCH MEMBER'S ACCUMULATED CONTRIB-
UTIONS AT THE TIME OF SUCH MEMBER'S RETIREMENT AND AN ADDITIONAL PENSION
WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-FOR-INCREASED-TAKE-
HOME-PAY TO WHICH SUCH MEMBER MAY BE ENTITLED SHALL BE SUFFICIENT TO
PROVIDE SUCH MEMBER WITH A RETIREMENT ALLOWANCE EQUAL TO ONE-HALF OF
SUCH MEMBER'S FINAL AVERAGE SALARY. FOR SERVICE BEYOND TWENTY-FIVE
YEARS, THE BENEFIT SHALL BE INCREASED BY ONE-SIXTIETH OF FINAL AVERAGE
SALARY FOR EACH YEAR OF ADDITIONAL SERVICE CREDIT PROVIDED, HOWEVER, THE
TOTAL ALLOWANCE PAYABLE PURSUANT TO THIS SECTION SHALL NOT EXCEED THREE-
FOURTHS OF SUCH MEMBER'S FINAL AVERAGE SALARY.
H. IN COMPUTING THE TWENTY-FIVE YEARS OF TOTAL SERVICE OF A MEMBER
PURSUANT TO THIS SECTION, FULL CREDIT SHALL BE GIVEN AND FULL ALLOWANCE
SHALL BE MADE FOR SERVICE OF SUCH MEMBER IN TIME OF WAR AFTER WORLD WAR
I AS DEFINED IN SECTION TWO OF THIS CHAPTER, PROVIDED SUCH MEMBER AT THE
TIME OF SUCH MEMBER'S ENTRANCE INTO THE ARMED FORCES WAS IN THE SERVICE
OF THE COUNTY OF SUCH MEMBER'S EMPLOYER THAT MAKES THE ELECTION PROVIDED
FOR IN THIS SECTION.
I. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A MEMBER, WHO
DOES NOT RETIRE PURSUANT TO THE PROVISIONS OF THIS SECTION, FROM UTILIZ-
ING SERVICE WHICH IS CREDITABLE SERVICE PURSUANT TO THE PROVISIONS OF
THIS SECTION FOR SERVICE CREDIT PURSUANT TO THE PROVISIONS OF ANY OTHER
PLAN OF THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
J. (1) EACH EMPLOYER THAT ELECTS PURSUANT TO THE PROVISIONS OF THIS
SUBDIVISION SHALL PAY THE COST ATTRIBUTABLE THEREFOR.
(2) THE BENEFITS OF THIS SECTION SHALL BE AVAILABLE ONLY TO THOSE
MEMBERS AS DEFINED IN SUBDIVISIONS A AND D OF THIS SECTION WHOSE EMPLOY-
ER ELECTS TO PROVIDE SUCH BENEFITS BY ADOPTING A RESOLUTION TO SUCH
EFFECT AND FILING A CERTIFIED COPY THEREOF WITH THE COMPTROLLER. SUCH
RESOLUTION MAY ALSO CONTAIN AN ELECTION THAT ANY PAST SERVICES COST BE
PAID OVER EITHER A FIVE-YEAR OR TEN-YEAR PERIOD. SUCH RESOLUTION SHALL
BE ACCOMPANIED BY THE AFFIDAVIT OF THE OFFICER OF THE STATE MAKING AN
ELECTION PURSUANT TO THIS SUBDIVISION OR THE CHIEF EXECUTIVE OFFICER OF
THE COUNTY OR MUNICIPALITY THAT THE STATE, COUNTY OR MUNICIPALITY HAS
RECEIVED AN ESTIMATE FROM THE RETIREMENT SYSTEM OF THE COST OF THE BENE-
FIT PROVIDED BY THIS SECTION.
S. 9005--B 167
(3) SUCH RESOLUTION SHALL APPLY TO ALL MEMBERS DEFINED IN SUBDIVISIONS
A AND D OF THIS SECTION, EXCEPT THOSE ALREADY SUBJECT TO A RETIREMENT
PLAN WHICH PERMITS IMMEDIATE RETIREMENT WITH A BENEFIT UPON A SPECIFIED
PERIOD OF SERVICE OF TWENTY-FIVE YEARS OR LESS WITHOUT REGARD TO AGE.
K. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
ANY OTHER PROVISIONS IN THIS ARTICLE TO THE CONTRARY.
§ 2. Subdivision a of section 445 of the retirement and social securi-
ty law, as amended by section 2 of part TT of chapter 55 of the laws of
2025, is amended to read as follows:
a. No member of a retirement system who is subject to the provisions
of this article shall retire without regard to age, exclusive of retire-
ment for disability, unless they are a police officer, an investigator
member of the New York city employees' retirement system, firefighter,
correction officer, a qualifying member as defined in section eighty-
nine-t, as added by chapter six hundred fifty-seven of the laws of nine-
teen hundred ninety-eight, of this chapter, sanitation worker, a special
officer (including persons employed by the city of New York in the title
urban park ranger or associate urban park ranger), school safety agent,
campus peace officer or a taxi and limousine commission inspector member
of the New York city employees' retirement system or the New York city
board of education retirement system, a dispatcher member of the New
York city employees' retirement system, a police communications member
of the New York city employees' retirement system, an EMT member of the
New York city employees' retirement system, a deputy sheriff member of
the New York city employees' retirement system, a correction officer of
the Westchester county correction department as defined in section
eighty-nine-e of this chapter or employed in Suffolk county as a peace
officer, as defined in section eighty-nine-s, as added by chapter five
hundred eighty-eight of the laws of nineteen hundred ninety-seven, of
this chapter, employed in Suffolk county as a correction officer, as
defined in section eighty-nine-f of this chapter, or employed in Nassau
county as a correction officer, uniformed correction division personnel,
sheriff, undersheriff or deputy sheriff, as defined in section eighty-
nine-g of this chapter, or employed in Nassau county as an ambulance
medical technician, an ambulance medical technician/supervisor or a
member who performs ambulance medical technician related services, or a
police medic, police medic supervisor or a member who performs police
medic related services, as defined in section eighty-nine-s, as amended
by chapter five hundred seventy-eight of the laws of nineteen hundred
ninety-eight, of this chapter, or employed in Nassau county as a peace
officer, as defined in section eighty-nine-s, as added by chapter five
hundred ninety-five of the laws of nineteen hundred ninety-seven, of
this chapter, or employed in Albany county as a sheriff, undersheriff,
deputy sheriff, correction officer or identification officer, as defined
in section eighty-nine-h of this chapter or is employed in St. Lawrence
county as a sheriff, undersheriff, deputy sheriff or correction officer,
as defined in section eighty-nine-i of this chapter or is employed in
Orleans county as a sheriff, undersheriff, deputy sheriff or correction
officer, as defined in section eighty-nine-l of this chapter or is
employed in Jefferson county as a sheriff, undersheriff, deputy sheriff
or correction officer, as defined in section eighty-nine-j of this chap-
ter or is employed in Onondaga county as a deputy sheriff-jail division
competitively appointed or as a correction officer, as defined in
section eighty-nine-k of this chapter or is employed in a county which
makes an election under subdivision j of section eighty-nine-p of this
chapter as a sheriff, undersheriff, deputy sheriff or correction officer
S. 9005--B 168
as defined in such section eighty-nine-p or is employed in Broome County
as a sheriff, undersheriff, deputy sheriff or correction officer, as
defined in section eighty-nine-m of this chapter or is a Monroe county
deputy sheriff-court security, or deputy sheriff-jailor as defined in
section eighty-nine-n, as added by chapter five hundred ninety-seven of
the laws of nineteen hundred ninety-one, of this chapter or is employed
in Greene county as a sheriff, undersheriff, deputy sheriff or
correction officer, as defined in section eighty-nine-o of this chapter
or is a traffic officer with the town of Elmira as defined in section
eighty-nine-q of this chapter or is employed by Suffolk county as a park
police officer, as defined in section eighty-nine-r of this chapter or
is a peace officer employed by a county probation department as defined
in section eighty-nine-t, as added by chapter six hundred three of the
laws of nineteen hundred ninety-eight, of this chapter or is employed in
Rockland county as a deputy sheriff-civil as defined in section eighty-
nine-v of this chapter as added by chapter four hundred forty-one of the
laws of two thousand one, or is employed in Rockland county as a superi-
or correction officer as defined in section eighty-nine-v of this chap-
ter as added by chapter five hundred fifty-six of the laws of two thou-
sand one or is a paramedic employed by the police department in the town
of Tonawanda and retires under the provisions of section eighty-nine-v
of this chapter, as added by chapter four hundred seventy-two of the
laws of two thousand one, or is a county fire marshal, supervising fire
marshal, fire marshal, assistant fire marshal, assistant chief fire
marshal, chief fire marshal, division supervising fire marshal or fire
marshal trainee employed by the county of Nassau as defined in section
eighty-nine-w of this chapter or is employed in Monroe county as a depu-
ty sheriff-civil as defined in section eighty-nine-x of this chapter,
employed as an emergency medical technician, critical care technician,
advanced emergency medical technician, paramedic or supervisor of such
titles in a participating Suffolk county fire district as defined in
section eighty-nine-ss of this chapter, or is a firefighter apprentice,
airport firefighter I, airport firefighter II, airport firefighter III,
or training and safety officer employed by the division of military and
naval affairs as defined in section eighty-nine-y of this chapter, OR IS
EMPLOYED AS A PUBLIC SAFETY DISPATCHER, PUBLIC SAFETY TELECOMMUNICATOR,
911 OPERATOR, COMMUNICATIONS OFFICERS, POLICE COMMUNICATION TECHNICIAN,
EMERGENCY SERVICES OPERATOR, EMERGENCY SERVICES DISPATCHER, OR ANY SIMI-
LAR TITLE, EMPLOYED BY THE STATE, OR A COUNTY OR MUNICIPAL EMERGENCY
SERVICES DEPARTMENT WHO IS RESPONSIBLE FOR RECEIVING AND MANAGING EMER-
GENCY CALLS, AND DISPATCHING APPROPRIATE EMERGENCY SERVICES, INCLUDING
BUT NOT LIMITED TO, LAW ENFORCEMENT, FIRE, AND MEDICAL ASSISTANCE AS
DEFINED IN SECTION EIGHTY-NINE-Z OF THIS CHAPTER, and is in a plan which
permits immediate retirement upon completion of a specified period of
service without regard to age. Except as provided in subdivision c of
section four hundred forty-five-a of this article, subdivision c of
section four hundred forty-five-b of this article, subdivision c of
section four hundred forty-five-c of this article, subdivision c of
section four hundred forty-five-d of this article, subdivision c of
section four hundred forty-five-e of this article, subdivision c of
section four hundred forty-five-f of this article and subdivision c of
section four hundred forty-five-h of this article, a member in such a
plan and such an occupation, other than a police officer or investigator
member of the New York city employees' retirement system or a firefight-
er, shall not be permitted to retire prior to the completion of twenty-
five years of credited service; provided, however, if such a member in
S. 9005--B 169
such an occupation is in a plan which permits retirement upon completion
of twenty years of service regardless of age, they may retire upon
completion of twenty years of credited service and prior to the
completion of twenty-five years of service, but in such event the bene-
fit provided from funds other than those based on such a member's own
contributions shall not exceed two per centum of final average salary
per each year of credited service.
§ 3. Section 603 of the retirement and social security law is amended
by adding a new subdivision x to read as follows:
X. THE SERVICE RETIREMENT BENEFIT SPECIFIED IN SECTION SIX HUNDRED
FOUR, SIX HUNDRED FOUR-C, AS ADDED BY CHAPTER NINETY-SIX OF THE LAWS OF
NINETEEN HUNDRED NINETY-FIVE, OR SIX HUNDRED FOUR-D OF THIS ARTICLE
SHALL BE PAYABLE TO MEMBERS WITH TWENTY-FIVE OR MORE YEARS OF CREDITABLE
SERVICE, WITHOUT REGARD TO AGE, WHO ARE EMPLOYED AS PUBLIC SAFETY
DISPATCHER, PUBLIC SAFETY TELECOMMUNICATOR, 911 OPERATOR, COMMUNICATIONS
OFFICERS, POLICE COMMUNICATION TECHNICIAN, EMERGENCY SERVICES OPERATOR,
EMERGENCY SERVICES DISPATCHER, OR ANY SIMILAR TITLE, EMPLOYED BY THE
STATE, OR A COUNTY OR MUNICIPAL EMERGENCY SERVICES DEPARTMENT WHO IS
RESPONSIBLE FOR RECEIVING AND MANAGING EMERGENCY CALLS, AND DISPATCHING
APPROPRIATE EMERGENCY SERVICES, INCLUDING BUT NOT LIMITED TO, LAW
ENFORCEMENT, FIRE, AND MEDICAL ASSISTANCE AS DEFINED IN SECTION EIGHTY-
NINE-Z OF THIS CHAPTER IF: (I) SUCH MEMBERS HAVE MET THE MINIMUM SERVICE
REQUIREMENTS UPON RETIREMENT, AND (II) IN THE CASE OF A MEMBER SUBJECT
TO THE PROVISIONS OF ARTICLE FOURTEEN OF THIS CHAPTER, SUCH MEMBER FILES
AN ELECTION THEREFOR WHICH PROVIDES THAT SUCH MEMBER WILL BE SUBJECT TO
THE PROVISIONS OF THIS ARTICLE AND TO NONE OF THE PROVISIONS OF SUCH
ARTICLE FOURTEEN. SUCH ELECTION, WHICH IS IRREVOCABLE, SHALL BE IN WRIT-
ING, DULY EXECUTED AND SHALL BE FILED WITH THE COMPTROLLER WITHIN ONE
YEAR OF AN ELECTION SUCH MEMBER'S EMPLOYER MAKES OR WITHIN ONE YEAR
AFTER ENTERING THE EMPLOYMENT WITH SUCH COUNTY, MUNICIPALITY OR EMPLOYER
UPON WHICH ELIGIBILITY IS BASED, WHICHEVER COMES LATER. FOR THE PURPOSES
OF THIS SUBDIVISION, THE TERM "CREDITABLE SERVICE" SHALL HAVE THE MEAN-
ING AS DEFINED IN SECTIONS EIGHTY-NINE-Z AND SIX HUNDRED ONE OF THIS
CHAPTER.
§ 4. Section 604 of the retirement and social security law is amended
by adding a new subdivision x to read as follows:
X. THE EARLY SERVICE RETIREMENT FOR A MEMBER WHO IS EMPLOYED BY THE
STATE, OR IN A COUNTY, MUNICIPALITY OR EMPLOYER THAT MAKES THE ELECTION
PROVIDED FOR IN SUBDIVISION J OF SECTION EIGHTY-NINE-Z OF THIS CHAPTER
AS A PUBLIC SAFETY DISPATCHER, PUBLIC SAFETY TELECOMMUNICATOR, 911 OPER-
ATOR, COMMUNICATIONS OFFICERS, POLICE COMMUNICATION TECHNICIAN, EMERGEN-
CY SERVICES OPERATOR, EMERGENCY SERVICES DISPATCHER, OR ANY SIMILAR
TITLE, EMPLOYED BY THE STATE, OR A COUNTY OR MUNICIPAL EMERGENCY
SERVICES DEPARTMENT WHO IS RESPONSIBLE FOR RECEIVING AND MANAGING EMER-
GENCY CALLS, AND DISPATCHING APPROPRIATE EMERGENCY SERVICES, INCLUDING
BUT NOT LIMITED TO, LAW ENFORCEMENT, FIRE, AND MEDICAL ASSISTANCE, AS
DEFINED IN SECTION EIGHTY-NINE-Z OF THIS CHAPTER SHALL BE A PENSION
EQUAL TO ONE-FIFTIETH OF FINAL AVERAGE SALARY TIMES YEARS OF CREDITED
SERVICE AT THE COMPLETION OF TWENTY-FIVE YEARS OF SERVICE, BUT NOT
EXCEEDING ONE-HALF OF SUCH MEMBER'S FINAL AVERAGE SALARY. FOR SERVICE
BEYOND TWENTY-FIVE YEARS, THE BENEFITS SHALL INCREASE BY ONE-SIXTIETH OF
FINAL AVERAGE SALARY FOR EACH YEAR OF ADDITIONAL SERVICE CREDIT
PROVIDED, HOWEVER, THAT THE TOTAL ALLOWANCE PAYABLE PURSUANT TO THIS
SECTION SHALL NOT EXCEED THREE-FOURTHS OF SUCH MEMBER'S FINAL AVERAGE
SALARY.
S. 9005--B 170
§ 5. All past service costs incurred with implementing the provisions
of this act shall be borne by any employer that elects to provide the
benefits provided by this act.
§ 6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow the state, counties, and municipal emergency
services departments to provide members employed in a title that is
responsible for receiving and managing emergency calls and dispatching
appropriate emergency services, the option to retire with twenty-five
years of service credit. The benefit would be one-half of final average
salary (FAS) plus one-sixtieth of FAS for each additional year of cred-
itable service, not to exceed three-fourths (75%) of FAS. Additionally,
members covered under Article 14 would be permitted one year to make an
irrevocable election to switch to the twenty-five-year plan benefit.
We estimate that the annual contribution required of an electing
employer will increase by 7% of the salary paid to the affected members.
Annual costs will vary as the billing rates and salary of the affected
members change.
In addition, there will be a past service cost borne by each electing
employer. This cost will vary by employer but is expected to average
approximately 30% of the salary paid to the affected members. This past
service cost can be borne as a one-time payment or paid over a five-year
or ten-year period.
Further, we anticipate additional administrative costs to implement
the provisions of this legislation.
The exact number of current members as well as future members who
could be affected by this legislation cannot be readily determined.
Prior to electing to provide these benefits, an employer would be
required to submit a roster of eligible members to the New York State
and Local Retirement System. This roster would be used to determine an
exact cost to the individual employer electing to provide these bene-
fits.
Summary of relevant resources:
Membership data as of March 31, 2025 was used to measure the impact of
the bill, the same data used in the Actuarial Valuations dated April 1,
2025. Distributions and other statistics can be found in the 2025 Report
of the Actuary and the 2025 Annual Comprehensive Financial Report. The
actuarial assumptions and methods used are described in the 2025 Annual
Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
and Regulations of the State of New York: Audit and Control. The fair
value of assets and GASB disclosures can be found in the 2025 Financial
Statements and Supplementary Information.
Assumptions, demographics, and other considerations may have been
modified to better reflect specific provisions of any proposed benefit
change(s).
This fiscal note does not constitute a legal opinion on the viability
of the bill, nor is it intended to serve as a substitute for the profes-
sional judgment of an attorney.
This estimate, dated February 11, 2026, and intended for use only
during the 2026 Legislative Session, is Fiscal Note Number 2026-40. As
Chief Actuary of the New York State and Local Retirement System
(NYSLRS), I, Aaron Schottin Young, hereby certify that this analysis
complies with applicable Actuarial Standards of Practice as well as the
Code of Professional Conduct and Qualification Standards for Actuaries
Issuing Statements of Actuarial Opinion of the American Academy of Actu-
S. 9005--B 171
aries, of which I am a member. I am a member of NYSLRS but do not
believe it impairs my objectivity.
PART QQ
Section 1. Subdivision 17 of section 501 of the retirement and social
security law, as separately amended by section 1 of part SS of chapter
55 and chapter 692 of the laws of 2025, is amended to read as follows:
17. "Normal retirement age" shall be age sixty-two, for general
members, the age at which a member completes or would have completed
twenty-two years of service, for police/fire members, New York city
uniformed correction/sanitation revised plan members and investigator
revised plan members[,]; except that for police/fire members of the New
York city police pension fund, normal retirement age shall be the age at
which a member completes or would have completed twenty years of
service, and the age at which a member completes twenty years of service
for police/fire members who are members of the New York city fire
department pension fund; AND EXCEPT THAT FOR NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS, NORMAL RETIREMENT AGE SHALL
BE THE AGE AT WHICH A MEMBER COMPLETES OR WOULD HAVE COMPLETED TWENTY
YEARS OF SERVICE.
§ 2. Subdivision d of section 503 of the retirement and social securi-
ty law, as separately amended by section 2 of part SS of chapter 55 and
chapter 692 of the laws of 2025, is amended to read as follows:
d. The normal service retirement benefit specified in section five
hundred five of this article shall be paid to police/fire members, New
York city uniformed correction/sanitation revised plan members and
investigator revised plan members without regard to age upon retirement
after twenty-two years of service[,]; except that the normal service
retirement benefit specified in section five hundred five of this arti-
cle shall be paid to police/fire members of the New York city police
pension fund, after twenty years of service; provided, however, that
such normal service retirement benefit for police/fire members who are
members of the New York city fire department pension fund shall be paid
to such members of the New York city fire department pension fund with-
out regard to age upon retirement after twenty years of service; AND
EXCEPT THAT THE NORMAL SERVICE RETIREMENT BENEFIT SPECIFIED IN SECTION
FIVE HUNDRED FIVE OF THIS ARTICLE SHALL BE PAID TO NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AFTER TWENTY YEARS
OF SERVICE. Early service retirement shall be permitted upon retirement
after twenty years of credited service or attainment of age sixty-two,
provided, however, that New York city police/fire revised plan members,
New York city uniformed correction/sanitation revised plan members and
investigator revised plan members shall not be eligible to retire for
service prior to the attainment of twenty years of credited service.
§ 3. Section 505 of the retirement and social security law is amended
by adding a new subdivision e to read as follows:
E. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY OTHER LAW, NEW YORK
CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS SHALL BE
ELIGIBLE FOR A NORMAL SERVICE RETIREMENT BENEFIT IN LIEU OF AN EARLY
SERVICE RETIREMENT BENEFIT UPON COMPLETING TWENTY YEARS OF SERVICE
PURSUANT TO SUBDIVISION D OF SECTION FIVE HUNDRED THREE OF THIS ARTICLE.
§ 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation would reduce the Normal Retirement
Age for NYCERS Tier 3 members of the Uniformed Sanitation Force and
S. 9005--B 172
Uniformed Correction Force 22-Year Plans (i.e., Revised Plan members) to
be the age at which a member completes or would have completed twenty
years of service.
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Millions)
Year NYCERS
2027 6.6
2028 7.0
2029 7.4
2030 7.8
2031 8.2
2032 8.6
2033 8.9
2034 9.3
2035 9.6
2036 9.9
2037 10.1
2038 10.4
2039 10.6
2040 10.8
2041 11.1
2042 8.3
2043 8.6
2044 8.9
2045 9.2
2046 9.4
2047 9.7
2048 10.1
2049 10.4
2050 10.7
2051 11.1
Projected contributions include future new hires that may be impacted.
For Fiscal Year 2052 and beyond, the expected increase in normal cost as
a level percent of pay for impacted new entrants is approximately 0.32%.
The entire increase in employer contributions will be allocated to New
York City.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($ in Millions)
Present Value (PV) NYCERS
(1) PV of Employer Contributions: 53.4
(2) PV of Employee Contributions: (3.5)
Total PV of Benefits (1) + (2): 49.9
S. 9005--B 173
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are the
portion of the Present Value of Benefits allocated to past service.
Changes in UAL were amortized over the expected remaining working life-
time of those impacted using level dollar payments.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
NYCERS
Increase (Decrease) in UAL: 27.6 M
Number of Payments: 15
Amortization Payment: 3.1 M
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2025. The census data for the
impacted population is summarized below.
NYCERS
Active Members
- Number Count: 8,609
- Average Age: 40.3
- Average Service: 7.7
- Average Salary: 109,200
IMPACT ON MEMBER BENEFITS: Currently, NYCERS Tier 3 Sanitation and
Correction Revised Plan members in 22-Year Plans who retire with at
least 20 years of service are eligible to receive an annual benefit that
is equal to 42% of Final Average Salary (FAS), increasing to a maximum
benefit of 50% of FAS after 22 years of service.
Under the proposed legislation, NYCERS Tier 3 Sanitation and Correction
Revised Plan members in 22-Year Plans who retire with at least 20 years
of service would be eligible to receive an annual benefit that is equal
to 50% of FAS.
ASSUMPTIONS AND METHODS: The estimates presented herein have been calcu-
lated based on the Revised 2021 Actuarial Assumptions and Methods of the
impacted retirement systems. In addition:
* Retirement rates were adjusted to reflect the earlier payability of
the service retirement benefit associated with the proposed legislation.
* New entrants were assumed to replace exiting members so that total
payroll increases by 3% each year for impacted groups. New entrant demo-
graphics were developed based on data for recent new hires and actuarial
judgement.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and does
not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikovsky
are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS, but do not believe it impairs our
objectivity, and we meet the Qualification Standards of the American
S. 9005--B 174
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2026-02 dated January 21,
2026 was prepared by the Chief Actuary for the New York City Retirement
Systems and Pension Funds and is intended for use only during the 2026
Legislative Session.
PART RR
Section 1. Subdivisions 1, 2 and 3 of section 20 of the workers'
compensation law are renumbered subdivisions 2, 3 and 4 and a new subdi-
vision 1 is added to read as follows:
1. THE BOARD SHALL INDEX A CLAIM FOR WORKERS' COMPENSATION IMMEDIATELY
UPON THE RECEIPT OF A MEDICAL REPORT IN ADDITION TO EITHER A CLAIM FILED
BY THE INJURED WORKER OR AN EMPLOYER'S REPORT OF INJURY OR ILLNESS.
§ 2. Subdivision 2 of section 20 of the workers' compensation law,
as amended by chapter 635 of the laws of 1996 and as renumbered by
section one of this act, is amended to read as follows:
2. [At any time after the expiration of the first seven days of disa-
bility on the part of an injured employee, or at any time after the
employee's death, a claim for compensation may be presented to the
employer or to the chair. The] WITHIN SIXTY DAYS AFTER A CLAIM FOR
COMPENSATION HAS BEEN INDEXED, THE board shall HOLD AN INITIAL HEARING
FOR EACH CLAIM IN WHICH THE INJURED WORKER ASSERTS LOST WAGES OR LOST
TIME DUE TO INJURY AND SHALL have full power and authority to determine
all questions in relation to the payment of claims presented to it for
compensation under the provisions of this chapter. The chair or board
shall THEREAFTER make or cause to be made such investigation as it deems
necessary, and upon application of either party OR AN ATTORNEY REPRES-
ENTING EITHER PARTY, shall order a hearing BEFORE A REFEREE TO TAKE
PLACE WITHIN FORTY-FIVE CALENDAR DAYS OF THE APPLICATION FROM EITHER
PARTY, and within thirty days after a claim for compensation is submit-
ted under this section, or such hearing closed, shall make or deny an
award, determining such claim for compensation, and file the same in the
office of the chair. NO APPLICATION FOR A HEARING MADE BY A PARTY OR AN
ATTORNEY PURSUANT TO THIS SECTION SHALL BE SUBJECT TO LIMITATIONS,
PREREQUISITES, OR PENALTIES IMPOSED BY THE BOARD. Immediately after such
filing the chair shall send to the parties a copy of the decision. Upon
a hearing pursuant to this section either party may present evidence and
be represented by counsel. The decision of the board shall be final as
to all questions of fact, and, except as provided in section twenty-
three of this article, as to all questions of law. Except as provided
in section twenty-seven of this article, all awards of the board shall
draw simple interest from thirty days after the making thereof at the
rate provided in section five thousand four of the civil practice law
and rules. Whenever a hearing or proceeding for the determination of a
claim for compensation is begun before a referee, pursuant to the
provisions of this chapter, such hearing or proceeding or any adjourned
hearing thereon shall continue before the same referee until a final
determination awarding or denying compensation, except in the absence,
inability or disqualification to act of such referee, or for other good
cause, in which event such hearing or proceeding may be continued before
another referee by order of the chair or board.
S. 9005--B 175
§ 3. Paragraph (c) of subdivision 3 of section 25 of the workers'
compensation law, as amended by chapter 61 of the laws of 1986, is
amended to read as follows:
(c) The board shall keep an accurate record of all hearings held. ALL
DECISIONS SHALL BE ISSUED TO THE INJURED WORKER IN THEIR NATIVE
LANGUAGE. Whenever a hearing must be continued or adjourned because the
carrier or employer has engaged in dilatory tactics or exhibited unjus-
tified lack of preparedness, the board shall impose a penalty of twen-
ty-five dollars to be paid to the fund created by subdivision two of
section one hundred fifty-one of this chapter and shall in addition make
an award of seventy-five dollars payable to the injured worker or [his
or her dependants] THEIR DEPENDENTS. Dilatory tactics may include but
shall not be limited to: failing to subpoena medical witnesses or to
secure an order to show cause as directed by the referee, failing to
bring proper files, failing to appear, failing to produce witnesses or
documents after they have been requested by the referee or examiner or
as directed by the hearing notice, unnecessarily protracting the
production of evidence, or engaging in a pattern of delay which unduly
delays resolution, except that no penalty shall be imposed nor award
made under this subdivision if the carrier or employer produces evidence
sufficient to excuse its conduct to the satisfaction of the referee.
§ 4. This act shall take effect immediately.
PART SS
Section 1. Paragraph 3 of subdivision b of section 604-e of the
retirement and social security law, as added by chapter 577 of the laws
of 2000, is amended to read as follows:
3. Each EMT member, other than an EMT member subject to paragraph one
or two of this subdivision, who becomes subject to the provisions of
this article on or after the starting date of the twenty-five year
retirement program shall become a participant in the twenty-five year
retirement program on the date [he or she] SUCH PERSON becomes such an
EMT member. Provided, however, a person subject to this paragraph, and
who has exceeded age twenty-five upon employment as an EMT member, shall
be exempt from participation in the improved twenty-five year retirement
program if such person elects not to participate by filing a duly
executed form with the retirement system within one hundred eighty days
of becoming an EMT member. PROVIDED FURTHER, HOWEVER, THAT A PERSON WHO
HAS OPTED TO BE EXEMPT PURSUANT TO THIS PARAGRAPH MAY BECOME A PARTIC-
IPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM IF SUCH PERSON FILES A
DULY EXECUTED ELECTION FORM WITH THE RETIREMENT SYSTEM WITHIN ONE
HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF TWO THOUSAND TWENTY-SIX THAT AMENDED THIS PARAGRAPH, PROVIDED SUCH
PERSON IS AN EMT MEMBER ON THE DATE SUCH ELECTION IS FILED, AND SUCH
PERSON SHALL PAY ALL ADDITIONAL MEMBER CONTRIBUTIONS REQUIRED PURSUANT
TO SUBDIVISION E OF THIS SECTION FROM THE DATE THAT SUCH PERSON BECAME
AN EMT MEMBER TO THE DATE SUCH PERSON ELECTS TO BECOME A PARTICIPANT IN
THE PROGRAM TOGETHER WITH INTEREST COMPUTED IN ACCORDANCE WITH PARAGRAPH
FOUR OF SUBDIVISION E OF THIS SECTION.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation would allow eligible Tier 4 and
Tier 6 EMT Members who previously opted out of the EMT 25-Year Plan, a
second opportunity to join such Plan by filing an application with the
S. 9005--B 176
New York City Employee's Retirement System (NYCERS) within 180 days of
the effective date.
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Thousands)
Year NYCERS
2027 121
2028 106
2029 101
2030 (5)
2031 (8)
2032 (10)
2033 (12)
2034 (14)
2035 (16)
2036 (17)
2037 (18)
2038 (19)
2039 (19)
2040 (20)
2041 (20)
2042 (19)
2043 (18)
2044 (17)
2045 (15)
2046 (13)
2047 (11)
2048 (10)
2049 (9)
2050 (7)
2051 (6)
Employer Contribution impact beyond Fiscal Year 2051 is not shown.
The entire increase (decrease) in employer contributions will be allo-
cated to New York City.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($ in Thousands)
Present Value (PV) NYCERS
(1) PV of Employer Contributions: 157.3
(2) PV of Employee Contributions: 171.7
Total PV of Benefits (1) + (2): 328.9
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are
the portion of the Present Value of Benefits allocated to past service.
Changes in UAL were amortized over the expected remaining working life-
time of those impacted using level dollar payments.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
S. 9005--B 177
NYCERS
Increase (Decrease) in UAL: 257.9 K
Number of Payments: 3
Amortization Payment: 101.7 K
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2025. The census data for the
impacted population is summarized below.
NYCERS
Active Members
- Number Count: 5
- Average Age: 46.8
- Average Service: 25.2
- Average Salary: 97,600
IMPACT ON MEMBER BENEFITS AND CONTRIBUTIONS: This proposed legislation
would provide current EMT members, who previously opted out of the EMT
25-Year Plans, a 180-day opportunity to join such plan.
Members of the EMT 25-Year Plans would be required to pay Basic Member
Contributions (BMC), which vary by tier, plus Additional Member Contrib-
utions (AMC) equal to 6.25% of compensation for all service as a Plan
participant until attaining 30 years of Allowable Service.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems. In addition:
* Election assumptions and the rates of retirement for the EMT 25-Year
Plans were assigned based on the bill's provisions including the eligi-
bility requirements for retirement under the EMT 25-Year Plans.
* For purposes of this fiscal note, existing AMC balances, including
physically taxing AMC, are assumed to offset the AMC payment required to
join the EMT 25-Year Plan.
To determine the impact of the elective nature of the proposed legis-
lation, a subgroup of EMT members was developed based on who is assumed
to benefit actuarially by comparing the net present value of future
employer costs of each member's benefit under their current plan and
under the applicable EMT 25-Year Plan.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS, but do not believe it impairs our
objectivity, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
S. 9005--B 178
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2026-29 dated March 6,
2026 was prepared by the Chief Actuary for the New York City Retirement
Systems and Pension Funds and is intended for use only during the 2026
Legislative Session.
PART TT
Section 1. Section 212 of the retirement and social security law is
amended by adding a new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS
SECTION, THE EARNINGS LIMITATION FOR RETIRED PERSONS IN A POSITION OF
PUBLIC SERVICE SHALL BE INCREASED TO FIFTY THOUSAND DOLLARS FROM THE
YEAR TWO THOUSAND TWENTY-SIX AND THEREAFTER.
§ 2. This act shall take effect immediately.
PART UU
Section 1. Section 161 of the civil service law is amended by adding a
new subdivision 4 to read as follows:
4. THERE SHALL BE NO REDUCTION OF BENEFITS FOR SKILLED NURSING CARE
PROVIDED TO RETIRED EMPLOYEES OR COVERED DEPENDENTS UNDER SUCH HEALTH
BENEFIT PLAN AT THE TIME SUCH PERSON BECOMES ELIGIBLE FOR MEDICARE
COVERAGE; PROVIDED, HOWEVER, RETIREE BENEFITS UNDER SUCH HEALTH BENEFIT
PLAN MAY BE COORDINATED WITH AND TREATED AS SECONDARY INSURANCE TO MEDI-
CARE.
§ 2. This act shall take effect immediately.
PART VV
Section 1. Paragraph q of subdivision 10 of section 54 of the state
finance law, as added by section 3 of part K of chapter 57 of the laws
of 2011, clause 2 of subparagraph (i) as amended by chapter 30 of the
laws of 2013, subparagraphs (iii) and (vii) as amended by section 1 and
subparagraphs (viii) and (ix) as added by section 1-a of part K of chap-
ter 55 of the laws of 2013, is amended to read as follows:
q. Local government citizens re-organization empowerment grant
program. (i) [(1)] For the purposes of this paragraph[,]:
(1) "local government entity" or "entity" shall mean a town, village,
district, special improvement district or other improvement district,
including, but not limited to, special districts created pursuant to
articles eleven, twelve, twelve-A or thirteen of the town law, library
districts, and other districts created by law; provided, however, that a
local government entity shall not include school districts, city
districts or special purpose districts created by counties under county
law.
(2) [For the purposes of this paragraph,] "local government re-organi-
zation" shall mean the consolidation or dissolution of a local govern-
ment entity in accordance with article seventeen-A of the general munic-
ipal law or the establishment of a new coterminous town-village that
operates principally as a town or as a village but not as both a town
and a village.
(3) "SCHOOL DISTRICT SCHEDULED FOR REORGANIZATION" SHALL MEAN A SCHOOL
DISTRICT SCHEDULED TO REORGANIZE PURSUANT TO SECTION THREE HUNDRED FOUR-
TEEN OF THE EDUCATION LAW WHICH HAS COMPLIED WITH THE REQUIREMENTS OF
S. 9005--B 179
PARAGRAPH A OF SUBDIVISION FOURTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
THE EDUCATION LAW.
(4) "SCHOOL DISTRICT REORGANIZATION" SHALL MEAN THE CENTRALIZATION,
CONSOLIDATION, OR ANNEXATION OF TWO OR MORE SCHOOL DISTRICTS PURSUANT TO
SECTION FIFTEEN HUNDRED ELEVEN THROUGH FIFTEEN HUNDRED THIRTEEN, FIFTEEN
HUNDRED TWENTY-FOUR, FIFTEEN HUNDRED TWENTY-SIX, SEVENTEEN HUNDRED FIVE,
OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF THE EDUCATION
LAW.
(ii) Within the annual amounts appropriated therefor, the secretary of
state may award grants to local government entities to cover costs asso-
ciated with studies, plans, and implementation efforts related to local
government re-organization activities OR TO SCHOOL DISTRICTS SCHEDULED
FOR REORGANIZATION TO COVER COSTS OF STUDIES AND PLANS NECESSARY FOR
SCHOOL DISTRICT REORGANIZATION THAT ARE NOT OTHERWISE AIDABLE PURSUANT
TO SUBDIVISION FOURTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCA-
TION LAW.
(iii) Study projects shall include an examination of the potential
financial savings, management improvements, and service delivery changes
resulting from a local government re-organization OR SCHOOL DISTRICT
REORGANIZATION, legal issues and impediments surrounding the re-organi-
zation, recommended steps to complete the re-organization, as well as
options for cost-savings if the re-organization is not completed.
(iv) Local government citizens re-organization empowerment grants
AWARDED TO LOCAL GOVERNMENT ENTITIES may be used to cover costs includ-
ing, but not limited to, legal and consultant services, capital improve-
ments, transitional personnel costs and other necessary expenses related
to re-organization analysis, planning and implementation. Grants AWARDED
TO LOCAL GOVERNMENT ENTITIES may be used for capital improvements, tran-
sitional personnel costs or joint equipment purchases only where such
expenses are integral to implementation of the re-organization. No part
of the grant shall be used by [the] ANY applicant for recurring expenses
such as salaries, except that the salaries of certain transitional
personnel essential for the implementation of the re-organization shall
be eligible for a period not to exceed three years.
(v) Where the electors of a local government entity have filed a peti-
tion pursuant to article seventeen-A of the general municipal law that
will require a referendum on the question of consolidation or dissol-
ution of the local government entity, such local government entity will
be eligible for an expedited grant to cover costs associated with the
development and dissemination to the electors of information related to
the re-organization question before such referendum. The secretary of
state shall develop processes that will permit expedited financial and
technical assistance to such local government entities, including but
not limited to pre-qualified consultants, direct technical assistance
from program staff and pre-established work plans.
(vi) The maximum cumulative grant award for a local government re-or-
ganization OR A SCHOOL DISTRICT SCHEDULED FOR REORGANIZATION shall not
exceed one hundred thousand dollars. A local government citizens re-or-
ganization empowerment grant for a re-organization study shall in no
event exceed fifty thousand dollars per application, of which up to
twenty-five thousand dollars may be awarded on an expedited basis. A
local government citizens re-organization empowerment grant for the
planning or implementation of a re-organization shall not exceed fifty
thousand dollars. In no event shall the cumulative grant awards for a
local government re-organization exceed one hundred thousand dollars.
S. 9005--B 180
(vii) Matching funds equal to at least fifty percent of the total cost
of activities under the grant work plan approved by the department of
state shall be required for a local government re-organization grant for
a re-organization study, except for such grants that are awarded to a
local government entity eligible for an expedited grant pursuant to
subparagraph (v) of this paragraph. Upon implementation of the local
government re-organization OR SCHOOL DISTRICT REORGANIZATION, the local
matching funds required by such grant for a re-organization study shall
be refunded except for ten percent of the total cost of activities under
the grant work plan approved by the department of state. Matching funds
equal to at least ten percent of the total cost of activities under the
grant work plan approved by the department of state shall be required
for a local government re-organization grant for a re-organization study
awarded to a local government entity eligible for an expedited grant
pursuant to subparagraph (v) of this paragraph and for a local govern-
ment re-organization grant for the implementation of a re-organization.
(viii) Within one week of the receipt of an application, the depart-
ment of state shall review the application to ensure the applicant has
filed the correct application, and to determine if any required sections
of the application contain no information. Within one business day of
determining an applicant has filed an incorrect application, or deter-
mining an application contains no information in a section required to
contain information, the department shall so notify the applicant.
Applicants shall be permitted to amend an application found to be miss-
ing information, and such application shall be reconsidered for approval
if it is amended by the application deadline. If an applicant has
submitted an incorrect application, the applicant may submit the correct
application to the appropriate program by the deadline for such program
for consideration. Under no circumstances shall this subparagraph be
deemed to require the extension of any application deadline established
by the department, nor shall it obligate the department to conduct a
substantive review of the contents of any application outside of the
procedures established by the department for the purposes of maintaining
the competitive integrity of the grant program.
(ix) Written notice shall be provided to an applicant of a decision
regarding the grant or denial of an award under this paragraph, within
thirty days after such decision.
§ 2. This act shall take effect immediately.
PART WW
Section 1. Subdivision b of section 440 of the retirement and social
security law, as amended by chapter 682 of the laws of 2003, is amended
to read as follows:
b. The provisions of this article shall not be construed to extend
coverage to an employee not otherwise eligible for membership in a
retirement system or to provide an increase in benefits to a member of a
retirement system other than as provided by section four hundred forty-
five-d, or section four hundred forty-five-f, [or] section four hundred
forty-five-h, SECTION FOUR HUNDRED FORTY-FIVE-J, or section four hundred
forty-eight of this article.
§ 2. Subdivision a of section 444 of the retirement and social securi-
ty law, as amended by section 141 of subpart B of part C of chapter 62
of the laws of 2011, is amended to read as follows:
a. Except as provided in subdivision c of section four hundred forty-
five-a of this article, subdivision c of section four hundred forty-
S. 9005--B 181
five-b of this article, subdivision c of section four hundred forty-
five-c of this article, subdivision c of section four hundred
forty-five-d of this article as added by chapter four hundred seventy-
two of the laws of nineteen hundred ninety-five, subdivision c of
section four hundred forty-five-e of this article, subdivision c of
section four hundred forty-five-f of this article and subdivision c of
section four hundred forty-five-h of this article, AND SUBDIVISION C OF
SECTION FOUR HUNDRED FORTY-FIVE-J OF THIS ARTICLE, the maximum retire-
ment benefit computed without optional modification provided to a member
of a retirement system who is subject to the provisions of this article,
other than a police officer, a firefighter, an investigator member of
the New York city employees' retirement system, a member of the
uniformed personnel in institutions under the jurisdiction of the New
York city department of correction who receives a performance of duty
disability retirement allowance, a member of the uniformed personnel in
institutions under the jurisdiction of the department of corrections and
community supervision or a security hospital treatment assistant, as
those terms are defined in subdivision i of section eighty-nine of this
chapter, who receives a performance of duty disability retirement allow-
ance, a member of a teachers' retirement system, New York city employ-
ees' retirement system, New York city board of education retirement
system or a member of the New York state and local employees' retirement
system or a member of the New York city employees' retirement system or
New York city board of education retirement system employed as a special
officer, parking control specialist, school safety agent, campus peace
officer, taxi and limousine inspector [or], a police communications
member, OR A MEMBER OF THE WATER SUPPLY POLICE and who receives a
performance of duty disability pension, from funds other than those
based on a member's own or increased-take-home-pay contributions, shall,
before any reduction for early retirement, be sixty per centum of the
first fifteen thousand three hundred dollars of final average salary,
and fifty per centum of final average salary in excess of fifteen thou-
sand three hundred dollars, and forty per centum of final average salary
in excess of twenty-seven thousand three hundred dollars, provided,
however, that the benefits provided by subdivision c of section four
hundred forty-five-d of this article as added by chapter four hundred
seventy-two of the laws of nineteen hundred ninety-five based upon the
additional member contributions required by subdivision d of such
section four hundred forty-five-d shall be subject to the maximum
retirement benefit computations set forth in this section. The maximum
retirement benefit computed without optional modification payable to a
police officer, an investigator member of the New York city employees'
retirement system or a firefighter shall equal that payable upon
completion of thirty years of service, except that the maximum service
retirement benefit computed without optional modification shall equal
that payable upon completion of thirty-two years of service.
§ 3. Subdivision a of section 445 of the retirement and social securi-
ty law, as amended by section 2 of part TT of chapter 55 of the laws of
2025, is amended to read as follows:
a. No member of a retirement system who is subject to the provisions
of this article shall retire without regard to age, exclusive of retire-
ment for disability, unless they are a police officer, an investigator
member of the New York city employees' retirement system, firefighter,
correction officer, a qualifying member as defined in section eighty-
nine-t OF THIS CHAPTER, as added by chapter six hundred fifty-seven of
the laws of nineteen hundred ninety-eight, [of this chapter,] sanitation
S. 9005--B 182
worker, a special officer (including persons employed by the city of New
York in the title urban park ranger or associate urban park ranger),
school safety agent, campus peace officer or a taxi and limousine
commission inspector member of the New York city employees' retirement
system or the New York city board of education retirement system, a
dispatcher member of the New York city employees' retirement system, a
police communications member of the New York city employees' retirement
system, A MEMBER OF THE WATER SUPPLY POLICE IN A POSITION REFERRED TO IN
PARAGRAPH (O) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW, an EMT member of the New York city employees' retirement
system, a deputy sheriff member of the New York city employees' retire-
ment system, a correction officer of the Westchester county correction
department as defined in section eighty-nine-e of this chapter or
employed in Suffolk county as a peace officer, as defined in section
eighty-nine-s OF THIS CHAPTER, as added by chapter five hundred eighty-
eight of the laws of nineteen hundred ninety-seven, [of this chapter,]
employed in Suffolk county as a correction officer, as defined in
section eighty-nine-f of this chapter, or employed in Nassau county as a
correction officer, uniformed correction division personnel, sheriff,
undersheriff or deputy sheriff, as defined in section eighty-nine-g of
this chapter, or employed in Nassau county as an ambulance medical tech-
nician, an ambulance medical technician/supervisor or a member who
performs ambulance medical technician related services, or a police
medic, police medic supervisor or a member who performs police medic
related services, as defined in section eighty-nine-s OF THIS CHAPTER,
as amended by chapter five hundred seventy-eight of the laws of nineteen
hundred ninety-eight, [of this chapter,] or employed in Nassau county as
a peace officer, as defined in section eighty-nine-s OF THIS CHAPTER, as
added by chapter five hundred ninety-five of the laws of nineteen
hundred ninety-seven, [of this chapter,] or employed in Albany county as
a sheriff, undersheriff, deputy sheriff, correction officer or identifi-
cation officer, as defined in section eighty-nine-h of this chapter or
is employed in St. Lawrence county as a sheriff, undersheriff, deputy
sheriff or correction officer, as defined in section eighty-nine-i of
this chapter or is employed in Orleans county as a sheriff, undersher-
iff, deputy sheriff or correction officer, as defined in section eight-
y-nine-l of this chapter or is employed in Jefferson county as a sher-
iff, undersheriff, deputy sheriff or correction officer, as defined in
section eighty-nine-j of this chapter or is employed in Onondaga county
as a deputy sheriff-jail division competitively appointed or as a
correction officer, as defined in section eighty-nine-k of this chapter
or is employed in a county which makes an election under subdivision j
of section eighty-nine-p of this chapter as a sheriff, undersheriff,
deputy sheriff or correction officer as defined in such section eighty-
nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
ty sheriff or correction officer, as defined in section eighty-nine-m of
this chapter or is a Monroe county deputy sheriff-court security, or
deputy sheriff-jailor as defined in section eighty-nine-n OF THIS CHAP-
TER, as added by chapter five hundred ninety-seven of the laws of nine-
teen hundred ninety-one, [of this chapter] or is employed in Greene
county as a sheriff, undersheriff, deputy sheriff or correction officer,
as defined in section eighty-nine-o of this chapter or is a traffic
officer with the town of Elmira as defined in section eighty-nine-q of
this chapter or is employed by Suffolk county as a park police officer,
as defined in section eighty-nine-r of this chapter or is a peace offi-
cer employed by a county probation department as defined in section
S. 9005--B 183
eighty-nine-t OF THIS CHAPTER, as added by chapter six hundred three of
the laws of nineteen hundred ninety-eight, [of this chapter] or is
employed in Rockland county as a deputy sheriff-civil as defined in
section eighty-nine-v of this chapter as added by chapter four hundred
forty-one of the laws of two thousand one, or is employed in Rockland
county as a superior correction officer as defined in section eighty-
nine-v of this chapter as added by chapter five hundred fifty-six of the
laws of two thousand one or is a paramedic employed by the police
department in the town of Tonawanda and retires under the provisions of
section eighty-nine-v of this chapter, as added by chapter four hundred
seventy-two of the laws of two thousand one, or is a county fire
marshal, supervising fire marshal, fire marshal, assistant fire marshal,
assistant chief fire marshal, chief fire marshal, division supervising
fire marshal or fire marshal trainee employed by the county of Nassau as
defined in section eighty-nine-w of this chapter or is employed in
Monroe county as a deputy sheriff-civil as defined in section eighty-
nine-x of this chapter, employed as an emergency medical technician,
critical care technician, advanced emergency medical technician,
paramedic or supervisor of such titles in a participating Suffolk county
fire district as defined in section eighty-nine-ss of this chapter, or
is a firefighter apprentice, airport firefighter I, airport firefighter
II, airport firefighter III, or training and safety officer employed by
the division of military and naval affairs as defined in section eight-
y-nine-y of this chapter and is in a plan which permits immediate
retirement upon completion of a specified period of service without
regard to age. Except as provided in subdivision c of section four
hundred forty-five-a of this article, subdivision c of section four
hundred forty-five-b of this article, subdivision c of section four
hundred forty-five-c of this article, subdivision c of section four
hundred forty-five-d of this article, subdivision c of section four
hundred forty-five-e of this article, subdivision c of section four
hundred forty-five-f of this article [and], subdivision c of section
four hundred forty-five-h of this article, AND SUBDIVISION C OF SECTION
FOUR HUNDRED FORTY-FIVE-J OF THIS ARTICLE, a member in such a plan and
such an occupation, other than a police officer or investigator member
of the New York city employees' retirement system or a firefighter,
shall not be permitted to retire prior to the completion of twenty-five
years of credited service; provided, however, if such a member in such
an occupation is in a plan which permits retirement upon completion of
twenty years of service regardless of age, they may retire upon
completion of twenty years of credited service and prior to the
completion of twenty-five years of service, but in such event the bene-
fit provided from funds other than those based on such a member's own
contributions shall not exceed two per centum of final average salary
per each year of credited service.
§ 4. The retirement and social security law is amended by adding a new
section 445-j to read as follows:
§ 445-J. OPTIONAL TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM
FOR WATER SUPPLY POLICE MEMBERS. A. DEFINITIONS. THE FOLLOWING WORDS AND
PHRASES AS USED IN THIS SECTION SHALL HAVE THE FOLLOWING MEANINGS UNLESS
A DIFFERENT MEANING IS PLAINLY REQUIRED BY THE CONTEXT.
1. "RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK CITY EMPLOYEES' RETIRE-
MENT SYSTEM.
2. "WATER SUPPLY POLICE MEMBER" SHALL MEAN A MEMBER OF THE RETIREMENT
SYSTEM WHO IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE, WHO IS EMPLOYED
S. 9005--B 184
BY THE CITY OF NEW YORK IN A POSITION REFERRED TO BY PARAGRAPH (O) OF
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
3. "TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM" SHALL MEAN
ALL THE TERMS AND CONDITIONS OF THIS SECTION.
4. "STARTING DATE OF THE TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT
PROGRAM" SHALL MEAN THE EFFECTIVE DATE OF THIS SECTION, AS SUCH DATE IS
CERTIFIED PURSUANT TO SECTION FORTY-ONE OF THE LEGISLATIVE LAW.
5. "PARTICIPANT IN THE TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT
PROGRAM" SHALL MEAN ANY WATER SUPPLY POLICE MEMBER WHO, UNDER THE APPLI-
CABLE PROVISIONS OF SUBDIVISION B OF THIS SECTION, IS ENTITLED TO THE
RIGHTS, BENEFITS AND PRIVILEGES AND IS SUBJECT TO THE OBLIGATIONS OF THE
TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM, AS APPLICABLE TO
SUCH MEMBER.
6. "ADMINISTRATIVE CODE" SHALL MEAN THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK.
7. "ACCUMULATED DEDUCTIONS" SHALL MEAN ACCUMULATED DEDUCTIONS AS
DEFINED IN SUBDIVISION ELEVEN OF SECTION 13-101 OF THE ADMINISTRATIVE
CODE OF THE CITY OF NEW YORK.
8. "OPTIONAL RETIREMENT PROVISIONS" SHALL MEAN THE RIGHT TO RETIRE AND
RECEIVE A RETIREMENT ALLOWANCE UNDER THIS SECTION UPON THE COMPLETION OF
TWENTY-FIVE YEARS OF CREDITED SERVICE.
B. ELECTION OF TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM.
1. SUBJECT TO THE PROVISIONS OF PARAGRAPHS FIVE AND SIX OF THIS SUBDIVI-
SION, ANY PERSON WHO IS A WATER SUPPLY POLICE MEMBER ON THE STARTING
DATE OF THE TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM MAY
ELECT TO BECOME A PARTICIPANT IN THE TWENTY-FIVE YEAR IMPROVED BENEFIT
RETIREMENT PROGRAM BY FILING, WITHIN ONE HUNDRED EIGHTY DAYS AFTER SUCH
STARTING DATE, A DULY EXECUTED APPLICATION FOR SUCH PARTICIPATION WITH
THE RETIREMENT SYSTEM, PROVIDED SUCH PERSON IS SUCH A WATER SUPPLY
POLICE MEMBER ON THE DATE SUCH APPLICATION IS FILED.
2. SUBJECT TO THE PROVISIONS OF PARAGRAPHS FIVE AND SIX OF THIS SUBDI-
VISION, ANY PERSON WHO BECOMES A WATER SUPPLY POLICE MEMBER AFTER THE
STARTING DATE OF THE TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT
PROGRAM MAY ELECT TO BECOME A PARTICIPANT IN THE TWENTY-FIVE YEAR
IMPROVED BENEFIT RETIREMENT PROGRAM BY FILING, WITHIN ONE HUNDRED EIGHTY
DAYS AFTER BECOMING SUCH A WATER SUPPLY POLICE MEMBER, A DULY EXECUTED
APPLICATION FOR SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM, PROVIDED
SUCH PERSON IS SUCH A WATER SUPPLY POLICE MEMBER ON THE DATE SUCH APPLI-
CATION IS FILED.
3. ANY ELECTION TO BE A PARTICIPANT IN THE TWENTY-FIVE YEAR IMPROVED
BENEFIT RETIREMENT PROGRAM SHALL BE IRREVOCABLE.
4. WHERE ANY PARTICIPANT IN THE TWENTY-FIVE YEAR IMPROVED BENEFIT
RETIREMENT PROGRAM SHALL CEASE TO HOLD A POSITION AS A WATER SUPPLY
POLICE MEMBER, SUCH PERSON SHALL CEASE TO BE SUCH A PARTICIPANT AND,
DURING ANY PERIOD IN WHICH SUCH A PERSON DOES NOT HOLD SUCH A WATER
SUPPLY POLICE POSITION, SUCH PERSON SHALL NOT BE A PARTICIPANT IN THE
TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM AND SHALL NOT BE
ELIGIBLE FOR THE BENEFITS OF SUBDIVISION C OF THIS SECTION.
5. WHERE ANY PARTICIPANT IN THE TWENTY-FIVE YEAR IMPROVED BENEFIT
RETIREMENT PROGRAM TERMINATES SERVICE AS A WATER SUPPLY POLICE MEMBER
AND RETURNS TO SUCH SERVICE AS A WATER SUPPLY POLICE MEMBER AT A LATER
DATE, SUCH PERSON SHALL AGAIN BECOME SUCH A PARTICIPANT ON THAT DATE.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
PERSON WHO IS ELIGIBLE TO BECOME A PARTICIPANT IN THE TWENTY-FIVE YEAR
IMPROVED BENEFIT RETIREMENT PROGRAM PURSUANT TO PARAGRAPH ONE OR TWO OF
THIS SUBDIVISION FOR THE FULL ONE HUNDRED EIGHTY DAY PERIOD PROVIDED FOR
S. 9005--B 185
IN SUCH APPLICABLE PARAGRAPH AND WHO FAILS TO TIMELY FILE A DULY
EXECUTED APPLICATION FOR SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM,
SHALL NOT THEREAFTER BE ELIGIBLE TO BECOME A PARTICIPANT IN SUCH
PROGRAM.
C. SERVICE RETIREMENT BENEFITS. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, WHERE A PARTICIPANT IN THE TWENTY-FIVE YEAR
IMPROVED BENEFIT RETIREMENT PROGRAM, WHO IS OTHERWISE QUALIFIED FOR A
RETIREMENT ALLOWANCE PURSUANT TO THE OPTIONAL RETIREMENT PROVISIONS SET
FORTH IN SUBDIVISION A OF THIS SECTION, HAS MADE AND/OR PAID, WHILE SUCH
PERSON IS A WATER SUPPLY POLICE MEMBER, ALL ADDITIONAL MEMBER CONTRIB-
UTIONS AND INTEREST (IF ANY) REQUIRED BY SUBDIVISION D OF THIS SECTION,
THEN:
1. THAT PARTICIPANT, WHILE SUCH PERSON REMAINS A PARTICIPANT, SHALL
NOT BE SUBJECT TO THE PROVISIONS OF SUBDIVISION A OF SECTION FOUR
HUNDRED FORTY-FIVE OF THIS ARTICLE; AND
2. IF THAT PARTICIPANT, WHILE SUCH A PARTICIPANT, RETIRES FROM
SERVICE, SUCH PERSON SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION
FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE; AND
3. SUCH PERSON'S RETIREMENT ALLOWANCE SHALL BE AN AMOUNT, ON ACCOUNT
OF THE REQUIRED MINIMUM PERIOD OF SERVICE, EQUAL TO THE SUM OF (I) AN
ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF THE ACCUMULATED
DEDUCTIONS FROM SUCH PERSON'S PAY DURING SUCH PERIOD, (II) A PENSION FOR
INCREASED-TAKE-HOME-PAY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF THE
RESERVE FOR INCREASED-TAKE-HOME-PAY TO WHICH SUCH PERSON MAY BE ENTITLED
FOR SUCH PERIOD, AND (III) A PENSION WHICH, WHEN ADDED TO SUCH ANNUITY
AND SUCH PENSION FOR INCREASED-TAKE-HOME-PAY, PRODUCES A RETIREMENT
ALLOWANCE EQUAL TO FIFTY PERCENT OF SUCH PERSON'S FINAL AVERAGE SALARY,
PLUS AN AMOUNT FOR EACH ADDITIONAL YEAR OF ALLOWABLE SERVICE, OR FRAC-
TION THEREOF, BEYOND SUCH REQUIRED MINIMUM PERIOD OF SERVICE EQUAL TO
TWO PERCENT OF SUCH PERSON'S FINAL AVERAGE SALARY; AND
4. THE MAXIMUM RETIREMENT BENEFIT COMPUTED WITHOUT OPTIONAL MODIFICA-
TION PAYABLE TO THAT PARTICIPANT UPON SUCH PERSON'S RETIREMENT FOR
SERVICE AS SUCH A PARTICIPANT SHALL EQUAL THAT PAYABLE UPON COMPLETION
OF THIRTY YEARS OF SERVICE.
D. ADDITIONAL MEMBER CONTRIBUTIONS. 1. IN ADDITION TO THE MEMBER
CONTRIBUTIONS REQUIRED PURSUANT TO SECTION 13-125 OR SECTION 13-162 OF
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, EACH PARTICIPANT IN THE
TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM SHALL CONTRIBUTE,
SUBJECT TO THE APPLICABLE PROVISIONS OF SECTION 13-125.2 OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, AN ADDITIONAL SIX PERCENT OF SUCH
PERSON'S COMPENSATION EARNED FROM (I) ALL CREDITED SERVICE, AS A PARTIC-
IPANT IN THE TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM,
RENDERED ON AND AFTER THE STARTING DATE OF THE IMPROVED BENEFIT RETIRE-
MENT PROGRAM, AND (II) ALL CREDITED SERVICE AFTER SUCH PERSON CEASES TO
BE A PARTICIPANT, BUT BEFORE SUCH PERSON AGAIN BECOMES A PARTICIPANT
PURSUANT TO PARAGRAPH FIVE OF SUBDIVISION B OF THIS SECTION. A PARTIC-
IPANT IN THE TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM SHALL
CONTRIBUTE ADDITIONAL MEMBER CONTRIBUTIONS UNTIL THE LATER OF (I) THE
DATE AS OF WHICH SUCH PERSON IS ELIGIBLE TO RETIRE WITH TWENTY-FIVE
YEARS OF CREDITED SERVICE UNDER SUCH RETIREMENT PROGRAM, OR (II) THE
FIRST ANNIVERSARY OF THE STARTING DATE OF THE TWENTY-FIVE YEAR IMPROVED
BENEFIT RETIREMENT PROGRAM. THE ADDITIONAL CONTRIBUTIONS REQUIRED BY
THIS PARAGRAPH SHALL BE IN LIEU OF ADDITIONAL MEMBER CONTRIBUTIONS
REQUIRED BY SUBDIVISION D OF SECTION FOUR HUNDRED FORTY-FIVE-D OF THIS
ARTICLE, AS ADDED BY CHAPTER NINETY-SIX OF THE LAWS OF NINETEEN HUNDRED
NINETY-FIVE, AND NO MEMBER PAYING ADDITIONAL CONTRIBUTIONS PURSUANT TO
S. 9005--B 186
THIS SECTION SHALL BE REQUIRED TO PAY ADDITIONAL CONTRIBUTIONS PURSUANT
TO SUCH SUBDIVISION D OF SECTION FOUR HUNDRED FORTY-FIVE-D OF THIS ARTI-
CLE.
2. COMMENCING WITH THE FIRST FULL PAYROLL PERIOD AFTER EACH PERSON
BECOMES A PARTICIPANT IN THE TWENTY-FIVE YEAR IMPROVED BENEFIT RETIRE-
MENT PROGRAM, ADDITIONAL MEMBER CONTRIBUTIONS AT THE RATE SPECIFIED IN
PARAGRAPH ONE OF THIS SUBDIVISION SHALL BE DEDUCTED, SUBJECT TO THE
APPLICABLE PROVISIONS OF SECTION 13-125.2 OF THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK, FROM THE COMPENSATION OF SUCH PARTICIPANT ON EACH
AND EVERY PAYROLL OF SUCH PARTICIPANT FOR EACH AND EVERY PAYROLL PERIOD
FOR WHICH SUCH PERSON IS SUCH A PARTICIPANT.
3. (I) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS PARA-
GRAPH, WHERE ANY ADDITIONAL MEMBER CONTRIBUTIONS REQUIRED BY PARAGRAPH
ONE OF THIS SUBDIVISION ARE NOT PAID BY DEDUCTIONS FROM A PARTICIPANT'S
COMPENSATION PURSUANT TO PARAGRAPH TWO OF THIS SUBDIVISION:
(A) THAT PARTICIPANT SHALL BE CHARGED WITH A CONTRIBUTION DEFICIENCY
CONSISTING OF SUCH UNPAID AMOUNTS, TOGETHER WITH INTEREST THEREON,
COMPOUNDED ANNUALLY; AND
(B) SUCH INTEREST ON EACH AMOUNT OF UNDEDUCTED CONTRIBUTIONS SHALL
ACCRUE FROM THE END OF THE PAYROLL PERIOD FOR WHICH SUCH AMOUNT WOULD
HAVE BEEN DEDUCTED FROM COMPENSATION IF SUCH PERSON HAD BEEN A PARTIC-
IPANT AT THE BEGINNING OF THAT PAYROLL PERIOD AND SUCH DEDUCTIONS HAD
BEEN REQUIRED FOR SUCH PAYROLL PERIOD UNTIL SUCH AMOUNT IS PAID TO THE
RETIREMENT SYSTEM; AND
(C) (1) INTEREST ON EACH SUCH AMOUNT INCLUDED IN SUCH PARTICIPANT'S
CONTRIBUTION DEFICIENCY PURSUANT TO THIS SUBPARAGRAPH SHALL BE CALCU-
LATED AS IF SUCH ADDITIONAL MEMBER CONTRIBUTIONS NEVER HAD BEEN PAID BY
SUCH PARTICIPANT, AND SUCH INTEREST SHALL ACCRUE FROM THE END OF THE
PAYROLL PERIOD TO WHICH AN AMOUNT OF SUCH ADDITIONAL MEMBER CONTRIB-
UTIONS IS ATTRIBUTABLE, COMPOUNDED ANNUALLY, UNTIL SUCH AMOUNT IS PAID
TO THE RETIREMENT SYSTEM.
(2) THE RATE OF INTEREST TO BE APPLIED TO EACH SUCH AMOUNT DURING THE
PERIOD FOR WHICH INTEREST ACCRUES ON THAT AMOUNT SHALL BE EQUAL TO THE
RATE OR RATES OF INTEREST REQUIRED BY LAW TO BE USED DURING THAT SAME
PERIOD TO CREDIT INTEREST ON THE ACCUMULATED DEDUCTIONS OF RETIREMENT
SYSTEM MEMBERS.
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH, NO
INTEREST SHALL BE DUE ON ANY UNPAID ADDITIONAL CONTRIBUTIONS WHICH ARE
NOT ATTRIBUTABLE TO THE PERIOD PRIOR TO THE FIRST FULL PAYROLL PERIOD
REFERRED TO IN PARAGRAPH TWO OF THIS SUBDIVISION.
(III) SHOULD ANY PERSON WHO, PURSUANT TO PARAGRAPH SEVEN OF THIS
SUBDIVISION, HAS WITHDRAWN ANY ADDITIONAL MEMBER CONTRIBUTIONS (AND ANY
INTEREST PAID THEREON) AGAIN BECOME A PARTICIPANT IN THE TWENTY-FIVE
YEAR IMPROVED BENEFIT RETIREMENT PROGRAM PURSUANT TO PARAGRAPH FIVE OF
SUBDIVISION B OF THIS SECTION, AN APPROPRIATE AMOUNT SHALL BE INCLUDED
IN SUCH PARTICIPANT'S CONTRIBUTION DEFICIENCY (INCLUDING INTEREST THERE-
ON AS CALCULATED PURSUANT TO SUBCLAUSE TWO OF CLAUSE (C) OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH) FOR ANY CREDITED SERVICE WITH RESPECT TO WHICH
SUCH PERSON RECEIVED A REFUND OF ADDITIONAL MEMBER CONTRIBUTIONS
(INCLUDING ANY AMOUNT OF AN UNPAID LOAN BALANCE DEEMED TO HAVE BEEN
RETURNED TO SUCH PERSON PURSUANT TO PARAGRAPH SEVEN OF THIS SUBDIVI-
SION), AS IF SUCH ADDITIONAL MEMBER CONTRIBUTIONS NEVER HAD BEEN PAID.
4. THE BOARD OF TRUSTEES OF THE RETIREMENT SYSTEM MAY, CONSISTENT WITH
THE PROVISIONS OF THIS SUBDIVISION, PROMULGATE REGULATIONS FOR THE
PAYMENT OF THE ADDITIONAL MEMBER CONTRIBUTIONS REQUIRED BY THIS SUBDIVI-
SION, AND ANY INTEREST THEREON, BY A PARTICIPANT IN THE TWENTY-FIVE YEAR
S. 9005--B 187
IMPROVED BENEFIT RETIREMENT PROGRAM (INCLUDING THE DEDUCTION OF SUCH
CONTRIBUTIONS, AND ANY INTEREST THEREON, FROM SUCH PERSON'S COMPEN-
SATION).
5. WHERE A PARTICIPANT WHO IS OTHERWISE ELIGIBLE FOR SERVICE RETIRE-
MENT PURSUANT TO SUBDIVISION C OF THIS SECTION DID NOT, PRIOR TO THE
EFFECTIVE DATE OF RETIREMENT, PAY THE ENTIRE AMOUNT OF A CONTRIBUTION
DEFICIENCY CHARGEABLE TO SUCH PERSON PURSUANT TO PARAGRAPH THREE OF THIS
SUBDIVISION, OR REPAY THE ENTIRE AMOUNT OF A LOAN OF SUCH PERSON'S ADDI-
TIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH EIGHT OF THIS SUBDIVI-
SION (INCLUDING ACCRUED INTEREST ON SUCH LOAN), THAT PARTICIPANT, NEVER-
THELESS, SHALL BE ELIGIBLE TO RETIRE PURSUANT TO SUBDIVISION C OF THIS
SECTION, PROVIDED, HOWEVER, THAT WHERE SUCH PARTICIPANT IS NOT ENTITLED
TO A REFUND OF ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH
SEVEN OF THIS SUBDIVISION, SUCH PARTICIPANT'S SERVICE RETIREMENT BENEFIT
CALCULATED PURSUANT TO THE APPLICABLE PROVISIONS OF SUBDIVISION C OF
THIS SECTION SHALL BE REDUCED BY A LIFE ANNUITY (CALCULATED IN ACCORD-
ANCE WITH THE METHOD SET FORTH IN SUBDIVISION I OF SECTION SIX HUNDRED
THIRTEEN-B OF THIS CHAPTER) WHICH IS ACTUARIALLY EQUIVALENT TO:
(I) THE AMOUNT OF ANY UNPAID CONTRIBUTION DEFICIENCY CHARGEABLE TO
SUCH MEMBER PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION; PLUS
(II) THE AMOUNT OF ANY UNPAID BALANCE OF A LOAN OF SUCH PERSON'S ADDI-
TIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH EIGHT OF THIS SUBDIVI-
SION (INCLUDING ACCRUED INTEREST ON SUCH LOAN).
6. SUBJECT TO THE PROVISIONS OF PARAGRAPH FIVE OF THIS SUBDIVISION,
WHERE A PARTICIPANT HAS NOT PAID IN FULL ANY CONTRIBUTION DEFICIENCY
CHARGEABLE TO SUCH PERSON PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVI-
SION, AND A BENEFIT, OTHER THAN A REFUND OF A MEMBER'S ACCUMULATED
DEDUCTIONS OR A REFUND OF ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO
PARAGRAPH SEVEN OF THIS SUBDIVISION, BECOMES PAYABLE BY THE RETIREMENT
SYSTEM TO THE PARTICIPANT OR TO SUCH PERSON'S DESIGNATED BENEFICIARY OR
ESTATE, THE ACTUARIAL EQUIVALENT OF ANY SUCH UNPAID AMOUNT SHALL BE
DEDUCTED FROM THE BENEFIT OTHERWISE PAYABLE.
7. (I) ALL ADDITIONAL MEMBER CONTRIBUTIONS REQUIRED BY THIS SUBDIVI-
SION (AND ANY INTEREST THEREON) WHICH ARE RECEIVED BY THE RETIREMENT
SYSTEM SHALL BE PAID INTO ITS CONTINGENT RESERVE FUND AND SHALL BE THE
PROPERTY OF THE RETIREMENT SYSTEM. SUCH ADDITIONAL MEMBER CONTRIBUTIONS
(AND ANY INTEREST THEREON) SHALL NOT FOR ANY PURPOSE BE DEEMED TO BE
MEMBER CONTRIBUTIONS OR ACCUMULATED DEDUCTIONS OF A MEMBER OF THE
RETIREMENT SYSTEM UNDER SECTION 13-125 OR SECTION 13-162 OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK WHILE SUCH PERSON IS A PARTICIPANT
IN THE TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM OR OTHER-
WISE.
(II) SHOULD A PARTICIPANT IN THE TWENTY-FIVE YEAR IMPROVED BENEFIT
RETIREMENT PROGRAM, WHO HAS RENDERED LESS THAN FIVE YEARS OF CREDITED
SERVICE CEASE TO HOLD A POSITION AS A WATER SUPPLY POLICE MEMBER FOR ANY
REASON WHATSOEVER, SUCH PERSON'S ACCUMULATED ADDITIONAL MEMBER CONTRIB-
UTIONS MADE PURSUANT TO THIS SUBDIVISION (TOGETHER WITH ANY INTEREST
THEREON PAID TO THE RETIREMENT SYSTEM) WHICH REMAIN CREDITED TO SUCH
PARTICIPANT'S ACCOUNT MAY BE WITHDRAWN BY SUCH PERSON PURSUANT TO PROCE-
DURES PROMULGATED IN REGULATIONS OF THE BOARD OF TRUSTEES OF THE RETIRE-
MENT SYSTEM, TOGETHER WITH INTEREST THEREON AT THE RATE OF INTEREST
REQUIRED BY LAW TO BE USED TO CREDIT INTEREST ON THE ACCUMULATED
DEDUCTIONS OF RETIREMENT SYSTEM MEMBERS COMPOUNDED ANNUALLY.
(III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, (A)
NO PERSON SHALL BE PERMITTED TO WITHDRAW FROM THE RETIREMENT SYSTEM ANY
ADDITIONAL MEMBER CONTRIBUTIONS PAID PURSUANT TO THIS SUBDIVISION OR ANY
S. 9005--B 188
INTEREST PAID THEREON, EXCEPT PURSUANT TO AND IN ACCORDANCE WITH THE
PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH; AND (B) NO PERSON, WHILE SUCH
PERSON IS A PARTICIPANT IN THE TWENTY-FIVE YEAR IMPROVED BENEFIT RETIRE-
MENT PROGRAM, SHALL BE PERMITTED TO WITHDRAW ANY SUCH ADDITIONAL MEMBER
CONTRIBUTIONS OR ANY INTEREST PAID THEREON PURSUANT TO ANY OF THE
PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH OR OTHERWISE.
8. A PARTICIPANT IN THE TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT
PROGRAM SHALL BE PERMITTED TO BORROW FROM SUCH PERSON'S ADDITIONAL
MEMBER CONTRIBUTIONS, INCLUDING ANY INTEREST PAID THEREON, WHICH ARE
CREDITED TO THE ADDITIONAL CONTRIBUTIONS ACCOUNT ESTABLISHED FOR SUCH
PARTICIPANT IN THE CONTINGENT RESERVE FUND OF THE RETIREMENT SYSTEM.
THE BORROWING FROM SUCH ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO THIS
PARAGRAPH SHALL BE GOVERNED BY THE SAME RIGHTS, PRIVILEGES, OBLIGATIONS
AND PROCEDURES SET FORTH IN SECTION SIX HUNDRED THIRTEEN-B OF THIS CHAP-
TER WHICH GOVERN THE BORROWING BY MEMBERS SUBJECT TO ARTICLE FIFTEEN OF
THIS CHAPTER OF MEMBER CONTRIBUTIONS MADE PURSUANT TO SECTION SIX
HUNDRED THIRTEEN OF THIS CHAPTER. THE BOARD OF TRUSTEES OF THE RETIRE-
MENT SYSTEM MAY, CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION AND
THE PROVISIONS OF SECTION SIX HUNDRED THIRTEEN-B OF THIS CHAPTER AS MADE
APPLICABLE TO THIS SUBDIVISION, PROMULGATE REGULATIONS GOVERNING THE
BORROWING OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS.
9. WHEREVER A PERSON HAS AN UNPAID BALANCE OF A LOAN OF SUCH PERSON'S
ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH EIGHT OF THIS
SUBDIVISION AT THE TIME SUCH PERSON BECOMES ENTITLED TO A REFUND OF SUCH
PERSON'S ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO SUBPARAGRAPH (II)
OF PARAGRAPH SEVEN OF THIS SUBDIVISION, THE AMOUNT OF SUCH UNPAID LOAN
BALANCE (INCLUDING ACCRUED INTEREST) SHALL BE DEEMED TO HAVE BEEN
RETURNED TO SUCH MEMBER, AND THE REFUND OF SUCH ADDITIONAL CONTRIBUTIONS
SHALL BE THE NET AMOUNT OF SUCH CONTRIBUTIONS, TOGETHER WITH INTEREST
THEREON IN ACCORDANCE WITH THE PROVISIONS OF SUCH SUBPARAGRAPH.
10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROVISIONS OF SECTION ONE HUNDRED THIRTY-EIGHT-B OF THIS CHAPTER SHALL
NOT BE APPLICABLE TO THE ADDITIONAL MEMBER CONTRIBUTIONS WHICH ARE
REQUIRED BY THIS SUBDIVISION.
11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
ADDITIONAL MEMBER CONTRIBUTIONS WHICH ARE REQUIRED BY THIS SUBDIVISION
SHALL NOT BE REDUCED UNDER ANY PROGRAM FOR INCREASED-TAKE-HOME-PAY.
§ 5. The retirement and social security law is amended by adding a new
section 604-k to read as follows:
§ 604-K. TWENTY-FIVE YEAR RETIREMENT PROGRAM FOR WATER SUPPLY POLICE
MEMBERS. A. DEFINITIONS. THE FOLLOWING WORDS AND PHRASES AS USED IN
THIS SECTION SHALL HAVE THE FOLLOWING MEANINGS UNLESS A DIFFERENT MEAN-
ING IS PLAINLY REQUIRED BY THE CONTEXT.
1. "WATER SUPPLY POLICE MEMBER" SHALL MEAN A MEMBER OF THE RETIREMENT
SYSTEM WHO IS EMPLOYED BY THE CITY OF NEW YORK IN A POSITION REFERRED TO
BY PARAGRAPH (O) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIM-
INAL PROCEDURE LAW.
2. "TWENTY-FIVE YEAR RETIREMENT PROGRAM" SHALL MEAN ALL THE TERMS AND
CONDITIONS OF THIS SECTION.
3. "STARTING DATE OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM" SHALL
MEAN THE EFFECTIVE DATE OF THIS SECTION, AS SUCH DATE IS CERTIFIED
PURSUANT TO SECTION FORTY-ONE OF THE LEGISLATIVE LAW.
4. "PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM" SHALL MEAN
ANY WATER SUPPLY POLICE MEMBER WHO, UNDER THE APPLICABLE PROVISIONS OF
SUBDIVISION B OF THIS SECTION, IS ENTITLED TO THE RIGHTS, BENEFITS AND
S. 9005--B 189
PRIVILEGES AND IS SUBJECT TO THE OBLIGATIONS OF THE TWENTY-FIVE YEAR
RETIREMENT PROGRAM, AS APPLICABLE TO SUCH PERSON.
5. "DISCONTINUED MEMBER" SHALL MEAN A PARTICIPANT IN THE TWENTY-FIVE
YEAR RETIREMENT PROGRAM WHO, WHILE SUCH PERSON WAS A WATER SUPPLY POLICE
MEMBER, DISCONTINUED SERVICE AS SUCH A MEMBER AND HAS A RIGHT TO A
DEFERRED VESTED BENEFIT UNDER SUBDIVISION D OF THIS SECTION.
6. "ADMINISTRATIVE CODE" SHALL MEAN THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK.
B. PARTICIPATION IN TWENTY-FIVE YEAR RETIREMENT PROGRAM. 1. SUBJECT
TO THE PROVISIONS OF PARAGRAPHS SIX AND SEVEN OF THIS SUBDIVISION, ANY
PERSON WHO IS A WATER SUPPLY POLICE MEMBER ON THE STARTING DATE OF THE
TWENTY-FIVE YEAR RETIREMENT PROGRAM AND WHO, AS SUCH A WATER SUPPLY
POLICE MEMBER OR OTHERWISE LAST BECAME SUBJECT TO THE PROVISIONS OF THIS
ARTICLE PRIOR TO SUCH STARTING DATE, MAY ELECT TO BECOME A PARTICIPANT
IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM BY FILING, WITHIN ONE HUNDRED
EIGHTY DAYS AFTER THE STARTING DATE OF THE TWENTY-FIVE YEAR RETIREMENT
PROGRAM, A DULY EXECUTED APPLICATION FOR SUCH PARTICIPATION WITH THE
RETIREMENT SYSTEM OF WHICH SUCH PERSON IS A MEMBER, PROVIDED SUCH PERSON
IS SUCH A WATER SUPPLY POLICE MEMBER ON THE DATE SUCH APPLICATION IS
FILED.
2. SUBJECT TO THE PROVISIONS OF PARAGRAPHS SIX AND SEVEN OF THIS
SUBDIVISION, ANY PERSON WHO BECOMES A WATER SUPPLY POLICE MEMBER AFTER
THE STARTING DATE OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM AND WHO, AS
SUCH A WATER SUPPLY POLICE MEMBER OR OTHERWISE, LAST BECAME SUBJECT TO
THE PROVISIONS OF THIS ARTICLE PRIOR TO SUCH STARTING DATE, MAY ELECT TO
BECOME A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM BY
FILING, WITHIN ONE HUNDRED EIGHTY DAYS AFTER BECOMING SUCH A WATER
SUPPLY POLICE MEMBER, A DULY EXECUTED APPLICATION FOR SUCH PARTICIPATION
WITH THE RETIREMENT SYSTEM FOR WHICH SUCH PERSON IS A MEMBER, PROVIDED
SUCH PERSON IS SUCH A WATER SUPPLY POLICE MEMBER ON THE DATE SUCH APPLI-
CATION IS FILED.
3. ANY ELECTION TO BE A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT
PROGRAM SHALL BE IRREVOCABLE.
4. EACH WATER SUPPLY POLICE MEMBER WHO BECOMES SUBJECT TO THE
PROVISIONS OF THIS ARTICLE ON OR AFTER THE STARTING DATE OF THE TWENTY-
FIVE YEAR RETIREMENT PROGRAM SHALL BECOME A PARTICIPANT IN THE TWENTY-
FIVE YEAR RETIREMENT PROGRAM ON THE DATE SUCH PERSON BECOMES SUCH A
WATER SUPPLY POLICE MEMBER. PROVIDED, HOWEVER, A PERSON SUBJECT TO THIS
PARAGRAPH WHO HAS EXCEEDED AGE THIRTY UPON EMPLOYMENT AS SUCH A MEMBER
SHALL BE EXEMPT FROM PARTICIPATION IN THE TWENTY-FIVE YEAR RETIREMENT
PROGRAM IF SUCH PERSON ELECTS NOT TO PARTICIPATE BY FILING A DULY
EXECUTED FORM WITH THE RETIREMENT SYSTEM WITHIN ONE HUNDRED EIGHTY DAYS
OF BECOMING SUCH A MEMBER.
5. WHERE ANY PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM
SHALL CEASE TO BE EMPLOYED BY THE CITY OF NEW YORK AS A WATER SUPPLY
POLICE MEMBER, SUCH PERSON SHALL CEASE TO BE SUCH A PARTICIPANT AND,
DURING ANY PERIOD IN WHICH SUCH PERSON IS NOT SO EMPLOYED, SUCH PERSON
SHALL NOT BE A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM
AND SHALL NOT BE ELIGIBLE FOR THE BENEFITS OF SUBDIVISION C OF THIS
SECTION.
6. WHERE ANY PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM
TERMINATES SERVICE AS A WATER SUPPLY POLICE MEMBER AND RETURNS TO SUCH
SERVICE AS A WATER SUPPLY POLICE MEMBER AT A LATER DATE, SUCH PERSON
SHALL AGAIN BECOME SUCH A PARTICIPANT ON THAT DATE.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
PERSON WHO IS ELIGIBLE TO ELECT TO BECOME A PARTICIPANT IN THE TWENTY-
S. 9005--B 190
FIVE YEAR RETIREMENT PROGRAM PURSUANT TO PARAGRAPH ONE OR TWO OF THIS
SUBDIVISION FOR THE FULL ONE HUNDRED EIGHTY DAY PERIOD PROVIDED FOR IN
SUCH APPLICABLE PARAGRAPH AND WHO FAILS TO TIMELY FILE A DULY EXECUTED
APPLICATION FOR SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM, SHALL NOT
THEREAFTER BE ELIGIBLE TO BECOME A PARTICIPANT IN SUCH PROGRAM.
C. SERVICE RETIREMENT BENEFITS. 1. A PARTICIPANT IN THE TWENTY-FIVE
YEAR RETIREMENT PROGRAM:
(I) WHO HAS COMPLETED TWENTY-FIVE OR MORE YEARS OF CREDITED SERVICE;
AND
(II) WHO HAS PAID, BEFORE THE EFFECTIVE DATE OF RETIREMENT, ALL ADDI-
TIONAL MEMBER CONTRIBUTIONS AND INTEREST (IF ANY) REQUIRED BY SUBDIVI-
SION E OF THIS SECTION; AND
(III) WHO FILES WITH THE RETIREMENT SYSTEM OF WHICH SUCH PERSON IS A
MEMBER AN APPLICATION FOR SERVICE RETIREMENT SETTING FORTH AT THAT TIME,
NOT LESS THAN THIRTY DAYS SUBSEQUENT TO THE EXECUTION AND FILING THERE-
OF, SUCH PERSON DESIRES TO BE RETIRED; AND
(IV) WHO SHALL BE A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT
PROGRAM AT THE TIME SO SPECIFIED FOR SUCH PERSON'S RETIREMENT; SHALL BE
RETIRED PURSUANT TO THE PROVISIONS OF THIS SECTION AFFORDING EARLY
SERVICE RETIREMENT.
2. (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
SUBJECT TO THE PROVISIONS OF PARAGRAPH SIX OF SUBDIVISION E OF THIS
SECTION, THE EARLY SERVICE RETIREMENT BENEFIT FOR PARTICIPANTS IN THE
TWENTY-FIVE YEAR RETIREMENT PROGRAM WHO RETIRE PURSUANT TO PARAGRAPH ONE
OF THIS SUBDIVISION SHALL BE A RETIREMENT ALLOWANCE CONSISTING OF:
(A) AN AMOUNT, ON ACCOUNT OF THE REQUIRED MINIMUM PERIOD OF SERVICE,
EQUAL TO FIFTY PERCENT OF SUCH PERSON'S FINAL AVERAGE SALARY; PLUS
(B) AN AMOUNT ON ACCOUNT OF CREDITED SERVICE, OR FRACTION THEREOF,
BEYOND SUCH REQUIRED MINIMUM PERIOD OF SERVICE EQUAL TO TWO PERCENT OF
SUCH PERSON'S FINAL SALARY;
(II) THE MAXIMUM RETIREMENT ALLOWANCE COMPUTED WITHOUT OPTIONAL
MODIFICATION PAYABLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH
SHALL EQUAL THAT PAYABLE UPON COMPLETION OF THIRTY YEARS OF SERVICE.
D. VESTING. 1. A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT
PROGRAM:
(I) WHO DISCONTINUES SERVICE AS SUCH A PARTICIPANT, OTHER THAN BY
DEATH OR RETIREMENT; AND
(II) WHO PRIOR TO SUCH DISCONTINUANCE, COMPLETED FIVE BUT LESS THAN
TWENTY-FIVE YEARS OF CREDITED SERVICE; AND
(III) WHO, SUBJECT TO THE PROVISIONS OF PARAGRAPH SEVEN OF SUBDIVISION
E OF THIS SECTION, HAS PAID, PRIOR TO SUCH DISCONTINUANCE, ALL ADDI-
TIONAL MEMBER CONTRIBUTIONS AND INTEREST (IF ANY) REQUIRED BY SUBDIVI-
SION E OF THIS SECTION; AND
(IV) WHO DOES NOT WITHDRAW IN WHOLE OR IN PART SUCH PERSON'S ACCUMU-
LATED MEMBER CONTRIBUTIONS PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF
THIS ARTICLE UNLESS SUCH PARTICIPANT THEREAFTER RETURNS TO PUBLIC
SERVICE AND REPAYS THE AMOUNTS SO WITHDRAWN, TOGETHER WITH INTEREST,
PURSUANT TO SUCH SECTION SIX HUNDRED THIRTEEN; SHALL BE ENTITLED TO
RECEIVE A DEFERRED VESTED BENEFIT AS PROVIDED IN THIS SUBDIVISION.
2. (I) UPON SUCH DISCONTINUANCE UNDER THE CONDITIONS AND IN COMPLIANCE
WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, SUCH DEFERRED
VESTED BENEFIT SHALL VEST AUTOMATICALLY.
(II) SUCH VESTED BENEFIT SHALL BECOME PAYABLE ON THE EARLIEST DATE ON
WHICH SUCH DISCONTINUED MEMBER COULD HAVE RETIRED FOR SERVICE IF SUCH
DISCONTINUANCE HAD NOT OCCURRED.
S. 9005--B 191
3. SUBJECT TO THE PROVISIONS OF PARAGRAPH SEVEN OF SUBDIVISION E OF
THIS SECTION, SUCH DEFERRED VESTED BENEFIT SHALL BE A RETIREMENT ALLOW-
ANCE CONSISTING OF AN AMOUNT EQUAL TO TWO PERCENT OF SUCH DISCONTINUED
MEMBER'S FINAL AVERAGE SALARY, MULTIPLIED BY THE NUMBER OF YEARS OF
CREDITED SERVICE.
E. ADDITIONAL MEMBER CONTRIBUTIONS. 1. IN ADDITION TO THE MEMBER
CONTRIBUTIONS REQUIRED BY SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE,
EACH PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM SHALL
CONTRIBUTE TO THE RETIREMENT SYSTEM OF WHICH SUCH PERSON IS A MEMBER
(SUBJECT TO THE APPLICABLE PROVISIONS OF SUBDIVISION D OF SECTION SIX
HUNDRED THIRTEEN OF THIS ARTICLE) AN ADDITIONAL SIX PERCENT OF SUCH
PERSON'S COMPENSATION EARNED FROM (I) ALL CREDITED SERVICE, AS A PARTIC-
IPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM, RENDERED ON OR AFTER
THE STARTING DATE OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM, AND (II)
ALL CREDITED SERVICE AFTER SUCH PERSON CEASES TO BE A PARTICIPANT, BUT
BEFORE SUCH PERSON AGAIN BECOMES A PARTICIPANT PURSUANT TO PARAGRAPH SIX
OF SUBDIVISION B OF THIS SECTION. THE ADDITIONAL CONTRIBUTIONS REQUIRED
BY THIS SUBDIVISION SHALL BE IN LIEU OF ADDITIONAL MEMBER CONTRIBUTIONS
REQUIRED BY SUBDIVISION D OF SECTION SIX HUNDRED FOUR-C OF THIS ARTICLE,
AS ADDED BY CHAPTER NINETY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-
FIVE, AND NO MEMBER MAKING CONTRIBUTIONS PURSUANT TO THIS SECTION SHALL
BE REQUIRED TO MAKE CONTRIBUTIONS PURSUANT TO SUCH SUBDIVISION D OF
SECTION SIX HUNDRED FOUR-C OF THIS ARTICLE.
2. A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM SHALL
CONTRIBUTE ADDITIONAL MEMBER CONTRIBUTIONS UNTIL THE LATER OF (I) THE
FIRST ANNIVERSARY OF THE STARTING DATE OF THE TWENTY-FIVE YEAR RETIRE-
MENT PROGRAM, OR (II) THE DATE ON WHICH SUCH PERSON COMPLETES THIRTY
YEARS OF CREDITED SERVICE AS A WATER SUPPLY POLICE MEMBER.
3. COMMENCING WITH THE FIRST FULL PAYROLL PERIOD AFTER EACH PERSON
BECOMES A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM, ADDI-
TIONAL MEMBER CONTRIBUTIONS AT THE RATE SPECIFIED IN PARAGRAPH ONE OF
THIS SUBDIVISION SHALL BE DEDUCTED (SUBJECT TO THE APPLICABLE PROVISIONS
OF SUBDIVISION D OF SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE) FROM
THE COMPENSATION OF SUCH PARTICIPANT ON EACH AND EVERY PAYROLL OF SUCH
PARTICIPANT FOR EACH AND EVERY PAYROLL PERIOD FOR WHICH SUCH PERSON IS
SUCH A PARTICIPANT.
4. (I) EACH PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM
SHALL BE CHARGED WITH A CONTRIBUTION DEFICIENCY CONSISTING OF THE TOTAL
AMOUNTS OF ADDITIONAL MEMBER CONTRIBUTIONS SUCH PERSON IS REQUIRED TO
MAKE PURSUANT TO PARAGRAPHS ONE AND TWO OF THIS SUBDIVISION WHICH ARE
NOT DEDUCTED FROM SUCH PERSON'S COMPENSATION PURSUANT TO PARAGRAPH THREE
OF THIS SUBDIVISION, IF ANY, TOGETHER WITH INTEREST THEREON, COMPOUNDED
ANNUALLY, AND COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF SUBPARA-
GRAPHS (II) AND (III) OF THIS PARAGRAPH.
(II) (A) THE INTEREST REQUIRED TO BE PAID ON EACH SUCH AMOUNT SPECI-
FIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL ACCRUE FROM THE END OF
THE PAYROLL PERIOD FOR WHICH SUCH AMOUNT WOULD HAVE BEEN DEDUCTED FROM
COMPENSATION IF SUCH PERSON HAD BEEN A PARTICIPANT AT THE BEGINNING OF
THAT PAYROLL PERIOD AND SUCH DEDUCTION HAD BEEN REQUIRED FOR SUCH
PAYROLL PERIOD, UNTIL SUCH AMOUNT IS PAID TO THE RETIREMENT SYSTEM.
(B) THE RATE OF INTEREST TO BE APPLIED TO EACH SUCH AMOUNT DURING THE
PERIOD FOR WHICH INTEREST ACCRUES ON THAT AMOUNT SHALL BE EQUAL TO THE
RATE OR RATES OF INTEREST REQUIRED BY LAW TO BE USED DURING THAT SAME
PERIOD TO CREDIT INTEREST ON THE ACCUMULATED DEDUCTIONS OF RETIREMENT
SYSTEM MEMBERS.
S. 9005--B 192
(III) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH FIVE OF THIS SUBDIVI-
SION, NO INTEREST SHALL BE DUE ON ANY UNPAID ADDITIONAL MEMBER CONTRIB-
UTIONS WHICH ARE NOT ATTRIBUTABLE TO A PERIOD PRIOR TO THE FIRST FULL
PAYROLL PERIOD REFERRED TO IN PARAGRAPH THREE OF THIS SUBDIVISION.
5. (I) SHOULD ANY PERSON WHO, PURSUANT TO SUBPARAGRAPH (II) OF PARA-
GRAPH TEN OF THIS SUBDIVISION, HAS RECEIVED A REFUND OF SUCH PERSON'S
ADDITIONAL MEMBER CONTRIBUTIONS INCLUDING ANY INTEREST PAID ON SUCH
CONTRIBUTIONS, AGAIN BECOME A PARTICIPANT IN THE TWENTY-FIVE YEAR
RETIREMENT PROGRAM PURSUANT TO PARAGRAPH SIX OF SUBDIVISION B OF THIS
SECTION, AN APPROPRIATE AMOUNT SHALL BE INCLUDED IN SUCH PARTICIPANT'S
CONTRIBUTION DEFICIENCY (INCLUDING INTEREST THEREON AS CALCULATED PURSU-
ANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH) FOR ANY CREDITED SERVICE FOR
WHICH SUCH PERSON RECEIVED A REFUND OF SUCH ADDITIONAL MEMBER CONTRIB-
UTIONS (INCLUDING ANY AMOUNT OF AN UNPAID LOAN BALANCE DEEMED TO HAVE
BEEN RETURNED TO SUCH PERSON PURSUANT TO PARAGRAPH TWELVE OF THIS SUBDI-
VISION), AS IF SUCH ADDITIONAL MEMBER CONTRIBUTIONS NEVER HAD BEEN PAID.
(II) (A) INTEREST ON A PARTICIPANT'S ADDITIONAL MEMBER CONTRIBUTIONS
INCLUDED IN SUCH PARTICIPANT'S CONTRIBUTION DEFICIENCY PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE CALCULATED AS IF SUCH ADDI-
TIONAL MEMBER CONTRIBUTIONS HAD NEVER BEEN PAID BY SUCH PARTICIPANT, AND
SUCH INTEREST SHALL ACCRUE FROM THE END OF THE PAYROLL PERIOD TO WHICH
AN AMOUNT OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS IS ATTRIBUTABLE, UNTIL
SUCH AMOUNT IS PAID TO THE RETIREMENT SYSTEM.
(B) THE RATE OF INTEREST TO BE APPLIED TO EACH SUCH AMOUNT DURING THE
PERIOD FOR WHICH INTEREST ACCRUES ON THAT AMOUNT SHALL BE FIVE PERCENT
PER ANNUM, COMPOUNDED ANNUALLY.
6. WHERE A PARTICIPANT WHO IS OTHERWISE ELIGIBLE FOR SERVICE RETIRE-
MENT PURSUANT TO SUBDIVISION C OF THIS SECTION DID NOT, PRIOR TO THE
EFFECTIVE DATE OF RETIREMENT, PAY THE ENTIRE AMOUNT OF A CONTRIBUTION
DEFICIENCY CHARGEABLE TO SUCH PERSON PURSUANT TO PARAGRAPHS FOUR AND
FIVE OF THIS SUBDIVISION, OR REPAY THE ENTIRE AMOUNT OF A LOAN OF SUCH
PERSON'S ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF
THIS SUBDIVISION (INCLUDING ACCRUED INTEREST ON SUCH LOAN), THAT PARTIC-
IPANT, NEVERTHELESS, SHALL BE ELIGIBLE TO RETIRE PURSUANT TO SUBDIVISION
C OF THIS SECTION, PROVIDED, HOWEVER, THAT SUCH PARTICIPANT'S SERVICE
RETIREMENT BENEFIT CALCULATED PURSUANT TO PARAGRAPH TWO OF SUCH SUBDIVI-
SION C SHALL BE REDUCED BY A LIFE ANNUITY (CALCULATED IN ACCORDANCE WITH
THE METHOD SET FORTH IN SUBDIVISION I OF SECTION SIX HUNDRED THIRTEEN-B
OF THIS ARTICLE) WHICH IS ACTUARIALLY EQUIVALENT TO:
(I) THE AMOUNT OF ANY UNPAID CONTRIBUTION DEFICIENCY CHARGEABLE TO
SUCH MEMBER PURSUANT TO PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION;
PLUS
(II) THE AMOUNT OF ANY UNPAID BALANCE OF A LOAN OF SUCH PERSON'S ADDI-
TIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS SUBDI-
VISION (INCLUDING ACCRUED INTEREST ON SUCH LOAN).
7. WHERE A PARTICIPANT WHO IS OTHERWISE ELIGIBLE FOR A VESTED RIGHT TO
A DEFERRED BENEFIT PURSUANT TO SUBDIVISION D OF THIS SECTION DID NOT,
PRIOR TO THE DATE OF DISCONTINUANCE OF SERVICE, PAY THE ENTIRE AMOUNT OF
A CONTRIBUTION DEFICIENCY CHARGEABLE TO SUCH PERSON PURSUANT TO PARA-
GRAPHS FOUR AND FIVE OF THIS SUBDIVISION, OR REPAY THE ENTIRE AMOUNT OF
A LOAN OF SUCH PERSON'S ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO
PARAGRAPH ELEVEN OF THIS SUBDIVISION (INCLUDING ACCRUED INTEREST ON SUCH
LOAN), THAT PARTICIPANT, NEVERTHELESS, SHALL BE ELIGIBLE FOR A VESTED
RIGHT TO A DEFERRED BENEFIT PURSUANT TO SUBDIVISION D OF THIS SECTION,
PROVIDED, HOWEVER, THAT THE DEFERRED VESTED BENEFIT CALCULATED PURSUANT
TO PARAGRAPH THREE OF SUCH SUBDIVISION D SHALL BE REDUCED BY A LIFE
S. 9005--B 193
ANNUITY (CALCULATED IN ACCORDANCE WITH THE METHOD SET FORTH IN SUBDIVI-
SION I OF SECTION SIX HUNDRED THIRTEEN-B OF THIS ARTICLE) WHICH IS ACTU-
ARIALLY EQUIVALENT TO:
(I) THE AMOUNT OF ANY UNPAID CONTRIBUTION DEFICIENCY CHARGEABLE TO
SUCH MEMBER PURSUANT TO PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION;
PLUS
(II) THE AMOUNT OF ANY UNPAID BALANCE OF A LOAN OF SUCH PERSON'S ADDI-
TIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS SUBDI-
VISION (INCLUDING ACCRUED INTEREST ON SUCH LOAN).
8. THE HEAD OF A RETIREMENT SYSTEM WHICH INCLUDES PARTICIPANTS IN THE
TWENTY-FIVE YEAR RETIREMENT PROGRAM IN ITS MEMBERSHIP MAY, CONSISTENT
WITH THE PROVISIONS OF THIS SUBDIVISION, PROMULGATE REGULATIONS FOR THE
PAYMENT OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS, AND ANY INTEREST THERE-
ON, BY SUCH PARTICIPANTS (INCLUDING THE DEDUCTION OF SUCH CONTRIBUTIONS,
AND ANY INTEREST THEREON, FROM THE PARTICIPANT'S COMPENSATION).
9. SUBJECT TO THE PROVISIONS OF PARAGRAPHS SIX AND SEVEN OF THIS
SUBDIVISION, WHERE A PARTICIPANT HAS NOT PAID IN FULL ANY CONTRIBUTION
DEFICIENCY CHARGEABLE TO SUCH PERSON PURSUANT TO PARAGRAPHS FOUR AND
FIVE OF THIS SUBDIVISION, AND A BENEFIT, OTHER THAN A REFUND OF MEMBER
CONTRIBUTIONS PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE
OR A REFUND OF ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO SUBPARAGRAPH
(II) OF PARAGRAPH TEN OF THIS SUBDIVISION, BECOMES PAYABLE UNDER THIS
ARTICLE TO THE PARTICIPANT OR TO SUCH PERSON'S DESIGNATED BENEFICIARY OR
ESTATE, THE ACTUARIAL EQUIVALENT OF ANY SUCH UNPAID AMOUNT SHALL BE
DEDUCTED FROM THE BENEFIT OTHERWISE PAYABLE.
10. (I) SUCH ADDITIONAL MEMBER CONTRIBUTIONS (AND ANY INTEREST THERE-
ON) SHALL BE PAID INTO THE CONTINGENT RESERVE FUND OF THE RETIREMENT
SYSTEM OF WHICH THE PARTICIPANT IS A MEMBER AND SHALL NOT FOR ANY
PURPOSE BE DEEMED TO BE MEMBER CONTRIBUTIONS OR ACCUMULATED CONTRIB-
UTIONS OF A MEMBER UNDER SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE OR
OTHERWISE WHILE SUCH PERSON IS A PARTICIPANT IN THE TWENTY-FIVE YEAR
RETIREMENT PROGRAM OR OTHERWISE.
(II) SHOULD A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM
WHO HAS RENDERED LESS THAN FIVE YEARS OF CREDITED SERVICE CEASE TO HOLD
A POSITION AS A WATER SUPPLY POLICE MEMBER FOR ANY REASON WHATSOEVER,
SUCH PERSON'S ACCUMULATED ADDITIONAL MEMBER CONTRIBUTIONS MADE PURSUANT
TO THIS SUBDIVISION (TOGETHER WITH ANY INTEREST THEREON PAID TO THE
RETIREMENT SYSTEM) MAY BE WITHDRAWN BY SUCH PERSON PURSUANT TO PROCE-
DURES PROMULGATED IN REGULATIONS OF THE BOARD OF TRUSTEES OF THE RETIRE-
MENT SYSTEM, TOGETHER WITH INTEREST THEREON AT THE RATE OF FIVE PERCENT
PER ANNUM, COMPOUNDED ANNUALLY.
(III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, (A)
NO PERSON SHALL BE PERMITTED TO WITHDRAW FROM THE RETIREMENT SYSTEM ANY
ADDITIONAL MEMBER CONTRIBUTIONS PAID PURSUANT TO THIS SUBDIVISION OR ANY
INTEREST PAID THEREON, EXCEPT PURSUANT TO AND IN ACCORDANCE WITH THE
PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH; AND (B) NO PERSON, WHILE SUCH
PERSON IS A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM,
SHALL BE PERMITTED TO WITHDRAW ANY SUCH ADDITIONAL MEMBER CONTRIBUTIONS
OR ANY INTEREST PAID THEREON PURSUANT TO ANY OF THE PRECEDING SUBPARA-
GRAPHS OF THIS PARAGRAPH OR OTHERWISE.
11. A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM SHALL BE
PERMITTED TO BORROW FROM SUCH PERSON'S ADDITIONAL MEMBER CONTRIBUTIONS
(INCLUDING ANY INTEREST PAID THEREON) WHICH ARE CREDITED TO THE ADDI-
TIONAL CONTRIBUTIONS ACCOUNT ESTABLISHED FOR SUCH PARTICIPANT IN THE
CONTINGENT RESERVE FUND OF THE RETIREMENT SYSTEM. THE BORROWING FROM
SUCH ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO THIS PARAGRAPH SHALL BE
S. 9005--B 194
GOVERNED BY THE RIGHTS, PRIVILEGES, OBLIGATIONS AND PROCEDURES SET FORTH
IN SECTION SIX HUNDRED THIRTEEN-B OF THIS ARTICLE WHICH GOVERN THE
BORROWING OF MEMBER CONTRIBUTIONS MADE PURSUANT TO SECTION SIX HUNDRED
THIRTEEN OF THIS ARTICLE. THE BOARD OF TRUSTEES OF THE RETIREMENT SYSTEM
MAY, CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION AND THE
PROVISIONS OF SECTION SIX HUNDRED THIRTEEN-B OF THIS ARTICLE AS MADE
APPLICABLE TO THIS SUBDIVISION, PROMULGATE REGULATIONS GOVERNING THE
BORROWING OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS.
12. WHENEVER A PERSON HAS AN UNPAID BALANCE OF A LOAN OF SUCH PERSON'S
ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS
SUBDIVISION AT THE TIME SUCH PERSON BECOMES ENTITLED TO A REFUND OF SUCH
PERSON'S ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO SUBPARAGRAPH (II)
OF PARAGRAPH TEN OF THIS SUBDIVISION, THE AMOUNT OF SUCH UNPAID LOAN
BALANCE (INCLUDING ACCRUED INTEREST) SHALL BE DEEMED TO HAVE BEEN
RETURNED TO SUCH MEMBER, AND THE REFUND OF SUCH ADDITIONAL CONTRIBUTIONS
SHALL BE THE NET AMOUNT OF SUCH CONTRIBUTIONS, TOGETHER WITH INTEREST
THEREON IN ACCORDANCE WITH THE PROVISIONS OF SUCH SUBPARAGRAPH (II).
§ 6. Subdivision d of section 613 of the retirement and social securi-
ty law is amended by adding a new paragraph 13 to read as follows:
13. (I) THE CITY OF NEW YORK SHALL, IN THE CASE OF A WATER SUPPLY
POLICE MEMBER (AS DEFINED IN PARAGRAPH ONE OF SUBDIVISION A OF SECTION
SIX HUNDRED FOUR-K OF THIS ARTICLE) WHO IS A PARTICIPANT IN THE TWENTY-
FIVE YEAR RETIREMENT PROGRAM (AS DEFINED IN PARAGRAPH FOUR OF SUBDIVI-
SION A OF SUCH SECTION SIX HUNDRED FOUR-K), PICK UP AND PAY TO THE
RETIREMENT SYSTEM OF WHICH SUCH PARTICIPANT IS A MEMBER, ALL ADDITIONAL
MEMBER CONTRIBUTIONS WHICH OTHERWISE WOULD BE REQUIRED TO BE DEDUCTED
FROM SUCH MEMBER'S COMPENSATION PURSUANT TO PARAGRAPHS ONE AND TWO OF
SUBDIVISION E OF SUCH SECTION SIX HUNDRED FOUR-K (NOT INCLUDING ANY
ADDITIONAL MEMBER CONTRIBUTIONS DUE FOR ANY PERIOD PRIOR TO THE FIRST
FULL PAYROLL PERIOD REFERRED TO IN PARAGRAPH THREE OF SUCH SUBDIVISION
E), AND SHALL EFFECT SUCH PICK UP ON EACH AND EVERY PAYROLL OF SUCH
PARTICIPANT FOR EACH AND EVERY PAYROLL PERIOD WITH RESPECT TO WHICH SUCH
PARAGRAPH THREE WOULD OTHERWISE REQUIRE SUCH DEDUCTIONS.
(II) AN AMOUNT EQUAL TO THE AMOUNT OF ADDITIONAL CONTRIBUTIONS PICKED
UP PURSUANT TO THIS PARAGRAPH SHALL BE DEDUCTED BY SUCH EMPLOYER FROM
THE COMPENSATION OF SUCH MEMBER (AS SUCH COMPENSATION WOULD BE IN THE
ABSENCE OF A PICK UP PROGRAM APPLICABLE TO SUCH PERSON HEREUNDER) AND
SHALL NOT BE PAID TO SUCH MEMBER.
(III) THE ADDITIONAL MEMBER CONTRIBUTIONS PICKED UP PURSUANT TO THIS
PARAGRAPH FOR ANY SUCH MEMBER SHALL BE PAID BY SUCH EMPLOYER IN LIEU OF
AN EQUAL AMOUNT OF ADDITIONAL MEMBER CONTRIBUTIONS OTHERWISE REQUIRED TO
BE PAID BY SUCH MEMBER UNDER THE APPLICABLE PROVISIONS OF SUBDIVISION E
OF SECTION SIX HUNDRED FOUR-K OF THIS ARTICLE, AND SHALL BE DEEMED TO BE
AND TREATED AS EMPLOYER CONTRIBUTIONS PURSUANT TO SECTION 414(H) OF THE
INTERNAL REVENUE CODE.
(IV) FOR THE PURPOSE OF DETERMINING THE RETIREMENT SYSTEM RIGHTS,
BENEFITS AND PRIVILEGES OF ANY MEMBER WHOSE ADDITIONAL MEMBER CONTRIB-
UTIONS ARE PICKED UP PURSUANT TO THIS PARAGRAPH, SUCH PICKED UP ADDI-
TIONAL MEMBER CONTRIBUTIONS SHALL BE DEEMED TO BE AND TREATED AS PART OF
SUCH MEMBER'S ADDITIONAL MEMBER CONTRIBUTIONS UNDER THE APPLICABLE
PROVISIONS OF SUBDIVISION E OF SECTION SIX HUNDRED FOUR-K OF THIS ARTI-
CLE.
(V) WITH THE EXCEPTION OF FEDERAL INCOME TAX TREATMENT, THE ADDITIONAL
MEMBER CONTRIBUTIONS PICKED UP PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL FOR ALL OTHER PURPOSES, INCLUDING COMPUTATION OF RETIRE-
MENT BENEFITS AND CONTRIBUTIONS BY EMPLOYERS AND EMPLOYEES, BE DEEMED
S. 9005--B 195
EMPLOYEE SALARY. NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE
CONSTRUED AS SUPERSEDING THE PROVISIONS OF SECTION FOUR HUNDRED THIRTY-
ONE OF THIS CHAPTER, OR ANY SIMILAR PROVISION OF LAW WHICH LIMITS THE
SALARY BASE OF COMPUTING RETIREMENT BENEFITS PAYABLE BY A PUBLIC RETIRE-
MENT SYSTEM.
§ 7. Section 13-125.2 of the administrative code of the city of New
York is amended by adding a new subdivision a-9 to read as follows:
A-9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ON OR
AFTER THE STARTING DATE FOR PICK UP, THE EMPLOYER RESPONSIBLE FOR PICK
UP SHALL, IN THE CASE OF A WATER SUPPLY POLICE MEMBER (AS DEFINED IN
PARAGRAPH TWO OF SUBDIVISION A OF SECTION FOUR HUNDRED FORTY-FIVE-K OF
THE RETIREMENT AND SOCIAL SECURITY LAW) WHO IS A PARTICIPANT IN THE
TWENTY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM (AS DEFINED IN
PARAGRAPH THREE OF SUCH SUBDIVISION A OF SECTION FOUR HUNDRED FORTY-
FIVE-K), PICK UP AND PAY TO THE RETIREMENT SYSTEM ALL ADDITIONAL MEMBER
CONTRIBUTIONS WHICH OTHERWISE WOULD BE REQUIRED TO BE DEDUCTED FROM SUCH
MEMBER'S COMPENSATION PURSUANT TO SUBDIVISION D OF SUCH SECTION FOUR
HUNDRED FORTY-FIVE-K, AND SHALL EFFECT SUCH PICK UP ON EACH AND EVERY
PAYROLL OF SUCH PARTICIPANT FOR EACH AND EVERY PAYROLL PERIOD WITH
RESPECT TO WHICH SUCH SUBDIVISION D WOULD OTHERWISE REQUIRE SUCH
DEDUCTIONS.
§ 8. Subparagraph (ii) of paragraph 1 of subdivision c of section
13-125.2 of the administrative code of the city of New York, as amended
by chapter 682 of the laws of 2003, is amended to read as follows:
(ii) the determination of the amount of such member's Tier I or Tier
II nonuniformed-force member contributions eligible for pick up by the
employer or additional member contributions required to be picked up
pursuant to subdivision a-one, subdivision a-two, subdivision a-three,
subdivision a-four, subdivision a-five, subdivision a-six, subdivision
a-seven [or], subdivision a-eight, OR SUBDIVISION A-NINE of this
section; and
§ 9. Subdivision d of section 13-125.2 of the administrative code of
the city of New York is amended by adding a new paragraph 2-h to read as
follows:
(2-H) FOR THE PURPOSE OF DETERMINING THE RETIREMENT SYSTEM RIGHTS,
BENEFITS AND PRIVILEGES OF ANY MEMBER WHO IS A PARTICIPANT IN THE TWEN-
TY-FIVE YEAR IMPROVED BENEFIT RETIREMENT PROGRAM (AS DEFINED IN PARA-
GRAPH THREE OF SUBDIVISION A OF SECTION FOUR HUNDRED FORTY-FIVE-K OF THE
RETIREMENT AND SOCIAL SECURITY LAW), THE ADDITIONAL MEMBER CONTRIBUTIONS
OF SUCH PARTICIPANT PICKED UP PURSUANT TO SUBDIVISION A-NINE OF THIS
SECTION SHALL BE DEEMED TO BE AND TREATED AS A PART OF SUCH MEMBER'S
ADDITIONAL MEMBER CONTRIBUTIONS UNDER SUBDIVISION D OF SUCH SECTION FOUR
HUNDRED FORTY-FIVE-K.
§ 10. Paragraph 3 of subdivision d of section 13-125.2 of the adminis-
trative code of the city of New York, as amended by chapter 682 of the
laws of 2003, is amended to read as follows:
(3) Interest on contributions picked up for any Tier I or Tier II
non-uniformed-force member pursuant to this section (other than addi-
tional member contributions picked up pursuant to subdivision a-one,
subdivision a-two, subdivision a-three, subdivision a-four, subdivision
a-five, subdivision a-six, subdivision a-seven [or], subdivision
a-eight, OR SUBDIVISION A-NINE of this section) shall accrue in favor of
the member and be payable to the retirement system at the same rate, for
the same time periods, in the same manner and under the same circum-
stances as interest would be required to accrue in favor of the member
and be payable to the retirement system on such contributions if they
S. 9005--B 196
were made by such member in the absence of a pick up program applicable
to such member under the provisions of this section.
§ 11. Subdivision a of section 603 of the retirement and social secu-
rity law, as amended by section 3 of part EE of chapter 55 of the laws
of 2024, is amended to read as follows:
a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment of age sixty-
two, other than members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred four-d of this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred four-h of
this article, subdivision c of section six hundred four-i of this arti-
cle, [or] subdivision c of section six hundred four-j of this article,
OR SUBDIVISION C OF SECTION SIX HUNDRED FOUR-K OF THIS ARTICLE,
provided, however, a member of a teachers' retirement system or the New
York state and local employees' retirement system who first joins such
system before January first, two thousand ten or a member who is a
uniformed court officer or peace officer employed by the unified court
system who first becomes a member of the New York state and local
employees' retirement system before April first, two thousand twelve may
retire without reduction of their retirement benefit upon attainment of
at least fifty-five years of age and completion of thirty or more years
of service, provided, however, that a uniformed court officer or peace
officer employed by the unified court system who first becomes a member
of the New York state and local employees' retirement system on or after
January first, two thousand ten and retires without reduction of their
retirement benefit upon attainment of at least fifty-five years of age
and completion of thirty or more years of service pursuant to this
section shall be required to make the member contributions required by
subdivision f of section six hundred thirteen of this article for all
years of credited and creditable service, provided further that the
preceding provisions of this subdivision shall not apply to a New York
city revised plan member.
§ 12. Nothing contained in sections six and eleven of this act shall
be construed to create any contractual right with respect to members to
whom such sections apply. The provisions of such sections are intended
to afford members the advantages of certain benefits contained in the
Internal Revenue Code, and the effectiveness and existence of such
sections and benefits they confer are completely contingent thereon.
§ 13. This act shall take effect immediately, provided, however that:
(a) The amendments to subdivision a of section 603 of the retirement
and social security law made by section eleven of this act shall not
affect the expiration of such subdivision as provided in subdivision (b)
of section 13 of chapter 682 of the laws of 2003, and shall expire ther-
ewith;
(b) The provisions of section six of this act shall remain in force
and effect only so long as, pursuant to federal law, contributions
picked up under section 613 of the retirement and social security law
are not includable as gross income of a member for federal income tax
purposes until distributed or made available to the member; and
(c) The amendments to provisions of section 13-125.2 of the adminis-
trative code of the city of New York made by sections seven, eight, nine
S. 9005--B 197
and ten of this act shall not affect the expiration of such provisions
as provided for in chapter 681 of the laws of 1992, as amended.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation would establish 25-Year Retirement
Programs within the New York City Employees' Retirement System (NYCERS)
for members employed as Water Supply Police Officers (WSP).
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Millions)
Year NYCERS
2027 1.2
2028 1.1
2029 1.1
2030 1.0
2031 1.0
2032 0.9
2033 0.9
2034 0.8
2035 0.8
2036 (0.2)
2037 (0.2)
2038 (0.3)
2039 (0.3)
2040 (0.4)
2041 (0.4)
2042 (0.4)
2043 (0.5)
2044 (0.5)
2045 (0.5)
2046 (0.5)
2047 (0.6)
2048 (0.6)
2049 (0.6)
2050 (0.6)
2051 (0.7)
Projected contributions include future new hires that may be impacted.
For Fiscal Year 2052 and beyond, the expected decrease in normal cost as
a level percent of pay for impacted new entrants is approximately 1.91%.
The decrease in future costs results from the actuarial expectation that
new members mandated into the Plan will benefit less than the amount they
are required to pay in additional member contributions.
The entire increase in employer contributions will be allocated to New
York City.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($ in Millions)
Present Value (PV) NYCERS
S. 9005--B 198
(1) PV of Employer Contributions: 4.3
(2) PV of Employee Contributions: 2.9
Total PV of Benefits (1) + (2): 7.2
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are
the portion of the Present Value of Benefits allocated to past service.
Changes in UAL were amortized over the expected remaining working life-
time of those impacted using level dollar payments.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
NYCERS
Increase (Decrease) in UAL: 5.9 M
Number of Payments: 9
Amortization Payment: 0.9 M
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2025. The census data for the
impacted population is summarized below.
NYCERS
Active Members
- Number Count: 110
- Average Age: 43.3
- Average Service: 17.6
- Average Salary: 96,200
IMPACT ON MEMBER BENEFITS: The proposed legislation would provide WSP
with 25 or more years of credited service with a retirement benefit
equal to 50% of Final Average Salary (FAS) for the first 25 years of
credited service, plus 2% of Final Salary for each additional year of
credited service, exceeding 25 years, up to a maximum of 5 additional
years.
The vested benefit for members with less than 25 years of credited
service would be equal to 2% of FAS for each year of credited service
and is payable at what would have been their 25th year of service.
Plan participants would be required to pay Additional Member Contrib-
utions equal to 6% of compensation for all service on and after the
starting date of the Plan until the later of one-year after the effec-
tive date of the Plan or 30 years of credited service as a WSP member.
Current Tier 4 and Tier 6 WSP members would have 180 days from the
effective date to elect the WSP 25-Year Plan for their respective tier.
WSP members who become NYCERS members after the date of enactment of the
WSP 25-Year Plans would be mandated into the Tier 6 WSP 25-Year Plan
unless over age 30 upon employment as a WSP member.
Once members in the Tier 4 WSP 25-Year Plan attain 25 years of credit-
ed service, they would no longer be eligible to retire under their basic
plan and would lose the ability to accrue benefits after attaining 30
years of credited service.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems. In addition:
* New entrants were assumed to replace exiting members so that total
payroll increases by 3% each year for impacted groups. New entrant demo-
S. 9005--B 199
graphics were developed based on data for recent new hires and actuarial
judgement.
To determine the impact of the elective nature of the proposed legis-
lation, a subgroup of NYCERS WSP members assumed to benefit actuarially
was developed based on who is assumed to benefit actuarially by compar-
ing the net present value of future employer costs of each member's
benefit under their current plan and under the WSP 25-year Plan.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS, but do not believe it impairs our
objectivity, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2026-21 dated February
26, 2026 was prepared by the Chief Actuary for the New York City Retire-
ment Systems and Pension Funds and is intended for use only during the
2026 Legislative Session.
PART XX
Section 1. Subdivision a of section 381-b of the retirement and social
security law, as amended by section 6 of part L of chapter 58 of the
laws of 2024, is amended to read as follows:
a. Membership. (1) Every member or officer of the division of state
police in the executive department who enters or re-enters service in
the division on or after April first, nineteen hundred sixty-nine, and
every MEMBER OR OFFICER OF THE DIVISION OF STATE POLICE IN THE EXECUTIVE
DEPARTMENT IN SUCH SERVICE ON SUCH DATE MAY ELECT TO BE COVERED BY THE
PROVISIONS OF THIS SECTION BY FILING AN ELECTION THEREFOR WITH THE COMP-
TROLLER ON OR BEFORE MARCH THIRTY-FIRST, NINETEEN HUNDRED SEVENTY-TWO.
TO BE EFFECTIVE, SUCH ELECTION SHALL BE DULY EXECUTED AND ACKNOWLEDGED
ON A FORM PREPARED BY THE COMPTROLLER FOR THAT PURPOSE.
(2) EVERY investigator or sworn officer employed by the commission
created by section six of chapter eight hundred eighty-two of the laws
of nineteen hundred fifty-three, constituting the waterfront commission
act, as amended, on or after July first, two thousand twenty-three, and
every investigator or sworn officer employed by the New York Waterfront
Commission in the executive department shall be covered by the
provisions of this section[, and every member or officer of the division
of state police in the executive department in such service on such date
may elect to be covered by the provisions of this section by filing an
election therefor with the comptroller on or before March thirty-first,
S. 9005--B 200
nineteen hundred seventy-two. To be effective, such election must be
duly executed and acknowledged on a form prepared by the comptroller for
that purpose].
(3) EVERY NON-SEASONALLY APPOINTED SWORN MEMBER OR OFFICER OF THE
DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION, A FOREST RANGER IN THE SERVICE OF THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, WHICH SHALL MEAN A PERSON WHO SERVES ON A FULL-TIME BASIS
IN THE TITLE OF FOREST RANGER I, FOREST RANGER II, FOREST RANGER III,
ASSISTANT SUPERINTENDENT OF FOREST FIRE CONTROL, SUPERINTENDENT OF
FOREST FIRE CONTROL OR ANY SUCCESSOR TITLES OR NEW TITLES IN THE FOREST
RANGER TITLE SERIES IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, A
POLICE OFFICER IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE
REGIONAL STATE PARK POLICE, AND UNIVERSITY POLICE OFFICERS SHALL BE
COVERED BY THE PROVISIONS OF THIS SECTION.
§ 2. Subdivision c of section 381-b of the retirement and social secu-
rity law, as amended by chapter 581 of the laws of 2001, paragraph 1 as
amended by chapter 187 of the laws of 2023, subparagraph (ii) of para-
graph 1 as amended by section 6 of part L of chapter 58 of the laws of
2024 and paragraph 2 as amended by chapter 440 of the laws of 2017, is
amended and a new subdivision h is added to read as follows:
c. Credit for previous police service. (1) Police service. In comput-
ing the years of total creditable service in such division, full credit
shall be given and full allowance shall be made:
(i) for service rendered as a police officer or member of a police
force or department of a state park authority or commission or an organ-
ized police force or department of a county, city, town, village, police
district, authority or other participating employer or member of the
capital police force in the office of general services while a member of
the New York state and local police and fire retirement system, of the
New York state and local employees' retirement system or of the New York
city police pension fund;
(ii) for service rendered as an investigator or sworn officer of the
waterfront commission of New York harbor, for service rendered as an
investigator or sworn officer of the New York Waterfront Commission, for
service rendered as an investigator-trainee of the waterfront commission
of New York harbor, and for service rendered as an investigator-trainee
of the New York Waterfront Commission, that was creditable under subdi-
vision w of section three hundred eighty-four-d of this article; [and]
(iii) for all service for which full credit has been given and full
allowance made pursuant to the provisions of section three hundred
seventy-five-h of this chapter provided, however, that full credit
pursuant to the provisions of such section shall mean only such service
as would be creditable service pursuant to the provisions of section
three hundred eighty-three or section three hundred eighty-three-a or
three hundred eighty-three-b enacted by chapter six hundred seventy-sev-
en of the laws of nineteen hundred eighty-six of this chapter or pursu-
ant to the provisions of title thirteen of the administrative code of
the city of New York for any member contributing pursuant to this
section who transferred to the division of state police[.
(2) State university police officer service. Upon completion of more
than twenty years of service, and upon retirement, each such member who
was previously credited with service credit in the New York state and
local employees' retirement system or the New York state and local
police and fire retirement system as an officer appointed by the state
university pursuant to paragraph l of subdivision two of section three
hundred fifty-five of the education law and who has successfully
S. 9005--B 201
completed a course of law enforcement training as provided in such
section of the education law or for any such officer who retires on and
after January first, two thousand eighteen who has successfully
completed such course of law enforcement training within two years of
his or her date of appointment shall receive for each such year of
previous service, up to a total of no greater than five years of previ-
ous service, additional service credit equal to one-sixtieth of his or
her final average salary.]; AND
(IV) FOR SERVICE RENDERED AS A NON-SEASONALLY APPOINTED SWORN MEMBER
OR OFFICER OF THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION, A FOREST RANGER IN THE SERVICE OF THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION, WHICH SHALL MEAN A PERSON WHO SERVES ON A
FULL-TIME BASIS IN THE TITLE OF FOREST RANGER I, FOREST RANGER II,
FOREST RANGER III, ASSISTANT SUPERINTENDENT OF FOREST FIRE CONTROL,
SUPERINTENDENT OF FOREST FIRE CONTROL OR ANY SUCCESSOR TITLES OR NEW
TITLES IN THE FOREST RANGER TITLE SERIES IN THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION, A POLICE OFFICER IN THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, THE REGIONAL STATE PARK POLICE, UNIVERSITY POLICE OFFI-
CERS, AND UNIVERSITY PEACE OFFICERS.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
CREDITABLE SERVICE PROVIDED UNDER THIS SUBDIVISION SHALL BE CREDITABLE
SERVICE UNDER ANY OTHER SECTION OF THIS CHAPTER.
H. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING, NOTWITHSTAND-
ING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY.
§ 3. This act shall take effect July 1, 2026.
PART YY
Section 1. The executive law is amended by adding a new article 15-D
to read as follows:
ARTICLE 15-D
OFFICE OF NATIVE AMERICAN AFFAIRS
SECTION 328-D. OFFICE OF NATIVE AMERICAN AFFAIRS.
328-E. GENERAL FUNCTIONS, POWERS AND DUTIES.
§ 328-D. OFFICE OF NATIVE AMERICAN AFFAIRS. 1. THERE IS HEREBY CREATED
IN THE EXECUTIVE DEPARTMENT AN OFFICE OF NATIVE AMERICAN AFFAIRS. THE
HEAD OF THE OFFICE SHALL BE THE COMMISSIONER OF NATIVE AMERICAN AFFAIRS
WHO SHALL BE APPOINTED BY THE GOVERNOR AND WHO SHALL HOLD OFFICE AT THE
PLEASURE OF THE GOVERNOR.
2. THE COMMISSIONER SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY THE
GOVERNOR WITHIN THE AMOUNT MADE AVAILABLE THEREFOR BY AN APPROPRIATION
AND SHALL BE ALLOWED SUCH COMMISSIONER'S ACTUAL AND NECESSARY EXPENSES
IN THE PERFORMANCE OF SUCH COMMISSIONER'S DUTIES.
3. THE COMMISSIONER SHALL DIRECT THE WORK OF THE OFFICE AND SHALL BE
THE CHIEF EXECUTIVE OFFICER OF THE OFFICE. THE COMMISSIONER MAY APPOINT
SUCH OFFICERS AND EMPLOYEES AS SUCH COMMISSIONER MAY DEEM NECESSARY,
PRESCRIBE THEIR DUTIES, FIX THEIR COMPENSATION, AND PROVIDE FOR THE
REIMBURSEMENT OF THEIR EXPENSES, ALL WITHIN AMOUNTS MADE AVAILABLE
THEREFOR BY APPROPRIATION.
§ 328-E. GENERAL FUNCTIONS, POWERS AND DUTIES. THE OFFICE OF NATIVE
AMERICAN AFFAIRS BY AND THROUGH THE COMMISSIONER OR SUCH COMMISSIONER'S
DULY AUTHORIZED OFFICERS AND EMPLOYEES, SHALL:
1. ACT AS A CENTRALIZED OFFICE FOR NATIVE AMERICAN NATIONS TO ACCESS
INFORMATION ON STATE PROGRAMS THAT ARE PROVIDED TO NATIVE AMERICANS.
S. 9005--B 202
2. DEVELOP AND MAINTAIN COOPERATIVE RELATIONSHIPS BETWEEN NEW YORK
STATE'S NATIVE NATIONS, NATIVE ORGANIZATIONS, NATIVE AMERICAN CITIZENS,
AND THE STATE.
3. ESTABLISH, MANAGE, COORDINATE, AND FACILITATE NATIVE AMERICAN-RE-
LATED POLICIES, POSITIONS, AND PROGRAMS.
4. ADVISE AND ASSIST STATE AGENCIES IN DEVELOPING POLICIES, PLANS, AND
PROGRAMS FOR NATIVE AMERICANS.
5. SERVE AS A CONNECTOR FOR NEW YORK STATE'S NATIVE NATIONS TO OTHER
STATE AGENCIES AND PROGRAMS.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART ZZ
Section 1. Subdivision (e) of section 532 of the real property tax
law, as amended by section 1 of part WW of chapter 59 of the laws of
2021, is amended to read as follows:
(e) All lands in the counties of Rockland [and], Sullivan AND ULSTER
and in the towns of Blooming Grove, Chester, Monroe, Warwick, Cornwall,
Highlands, Tuxedo and Woodbury, Orange county, [and in the towns of
Gardiner, Rochester, Shawangunk and Wawarsing, Ulster county,] acquired
for a public use by the commissioners of the Palisades Interstate park,
exclusive of the improvements erected thereon by the state;
§ 2. This act shall take effect immediately.
PART AAA
Section 1. Paragraph j of subdivision 10 of section 54 of the state
finance law, as amended by section 4 of part I of chapter 57 of the laws
of 2011, is amended to read as follows:
j. Special aid and incentives for municipalities to the city of New
York. In the state fiscal year commencing April first, two thousand
seven a city with a population of one million or more shall receive
twenty million dollars on or before December fifteenth. In the state
fiscal year commencing April first, two thousand eight, a city with a
population of one million or more shall receive two hundred forty-five
million nine hundred forty-four thousand eight hundred thirty-four
dollars payable on or before December fifteenth. In the state fiscal
year commencing April first, two thousand nine, a city with a population
of one million or more shall receive three hundred one million six
hundred fifty-eight thousand four hundred ninety-five dollars payable on
or before December fifteenth. IN THE STATE FISCAL YEAR COMMENCING APRIL
FIRST, TWO THOUSAND TWENTY-SIX, AND IN THE STATE FISCAL YEAR COMMENCING
APRIL FIRST, TWO THOUSAND TWENTY-SEVEN, A CITY WITH A POPULATION OF ONE
MILLION OR MORE SHALL RECEIVE THREE HUNDRED TWO MILLION DOLLARS PAYABLE
ON OR BEFORE DECEMBER FIFTEENTH. Special aid and incentives for munici-
palities to the city of New York shall be apportioned and paid as
required as follows:
(i) Any amounts required to be paid to the city university
construction fund pursuant to the city university construction fund act;
(ii) Any amounts required to be paid to the New York city housing
development corporation pursuant to the New York city housing develop-
ment corporation act;
(iii) Five hundred thousand dollars to the chief fiscal officer of the
city of New York for payment to the trustees of the police pension fund
of such city;
S. 9005--B 203
(iv) Eighty million dollars to the special account for the municipal
assistance corporation for the city of New York in the municipal assist-
ance tax fund created pursuant to section ninety-two-d of this chapter
to the extent that such amount has been included by the municipal
assistance corporation for the city of New York in any computation for
the issuance of bonds on a parity with outstanding bonds pursuant to a
contract with the holders of such bonds prior to the issuance of any
other bonds secured by payments from the municipal assistance corpo-
ration for the city of New York in the municipal assistance state aid
fund created pursuant to section ninety-two-e of this chapter;
(v) The balance of the special account for the municipal assistance
corporation for the city of New York in the municipal assistance state
aid fund created pursuant to section ninety-two-e of this chapter;
(vi) Any amounts to be refunded to the general fund of the state of
New York pursuant to the annual appropriation enacted for the municipal
assistance state aid fund;
(vii) To the state of New York municipal bond bank agency to the
extent provided by section twenty-four hundred thirty-six of the public
authorities law; and
(viii) To the transit construction fund to the extent provided by
section twelve hundred twenty-five-i of the public authorities law, and
thereafter to the city of New York.
Notwithstanding any other law to the contrary, the amount paid to any
city with a population of one million or more on or before December
fifteenth shall be for an entitlement period ending the immediately
preceding June thirtieth.
§ 2. This act shall take effect immediately.
PART BBB
Section 1. Subdivision 12 of section 102 of the real property tax law
is amended by adding a new paragraph (k) to read as follows:
(K) THE POSSESSORY INTEREST OF A PRIVATE LESSEE OR CONTRACTOR WHICH
USES REAL PROPERTY OWNED BY THE UNITED STATES OR THE STATE OF NEW YORK,
EXCEPT REAL PROPERTY OWNED BY PUBLIC AUTHORITIES, WHERE THE PROPERTY
WOULD BE SUBJECT TO REAL PROPERTY TAXATION IF OWNED BY SUCH LESSEE OR
CONTRACTOR, EXCEPT WHERE THE USE IS BY WAY OF A CONCESSION WHICH IS
AVAILABLE FOR THE USE OF THE GENERAL PUBLIC AND IS LOCATED IN OR ADJA-
CENT TO A PUBLIC AIRPORT, PARK, MARKET, FAIRGROUND, ROAD, PIER, MARINA,
RAILROAD, BUSLINE, SUBWAY OR SIMILAR PROPERTY WHICH IS AVAILABLE FOR THE
USE OF THE GENERAL PUBLIC.
§ 2. The section heading and subdivision 1 of section 402 of the real
property tax law are amended to read as follows:
United States or state property held under LEASE OR contract [of
sale]. 1. Whenever the legal title of real property is in the United
States, or in the state of New York, but the use, occupation or
possession thereof is in a person, partnership, association or corpo-
ration, OR THEIR OR ITS SUCCESSOR IN INTEREST, under a LEASE, contract
[of sale], OPTION or other agreement [whereby a right to acquire the
premises through an option, a first privilege or a first refusal is
granted, or whereby upon one or more payments the legal title thereto is
to be or may be acquired by such person, partnership, association or
corporation], [his] SUCH THAT THE INTEREST IS A POSSESSORY INTEREST
DESCRIBED IN PARAGRAPH (K) OF SUBDIVISION TWELVE OF SECTION ONE HUNDRED
TWO OF THIS CHAPTER, THEIR or its interest in such real property shall
be assessed and taxed [as] FOR THE SAME AMOUNT AND TO THE SAME EXTENT AS
S. 9005--B 204
THOUGH THE LESSEE, CONTRACTOR OR USER WERE THE OWNER OF SUCH real prop-
erty and shall be entered in the assessment roll in the same manner as
if such person, partnership, association or corporation held the legal
title to such property, except for the addition to the description OF
THE PROPERTY OF THE NAME OF THE OWNER AND of the words "INTEREST UNDER
LEASE", "interest under contract", "interest under option", or other
appropriate words descriptive of the interest in the property so
assessed. [Such assessment shall be at the full value of such inter-
est.]
§ 3. Subdivision 2 of section 402 of the real property tax law is
amended to read as follows:
2. [The assessors shall add to the assessment roll opposite the
description of any such interest a notation stating that the real prop-
erty itself so owned by the United States, or by the state, is not to be
taxed. Every notice of sale or other process and every conveyance or
other instrument affecting the title to any such property, consequent
upon the non-payment of any such tax, shall contain a statement that
such legal title is not sold or to be sold or affected] TAXES SHALL BE
ASSESSED TO THE LESSEES, CONTRACTORS OR USERS OF SUCH REAL PROPERTY AND
COLLECTED IN THE SAME MANNER AS TAXES ASSESSED TO OWNERS OF REAL PROPER-
TY, EXCEPT THAT SUCH TAXES SHALL NOT BECOME A LIEN AGAINST THE REAL
PROPERTY OF THE UNITED STATES OR OF THE STATE OF NEW YORK. WHEN DUE,
SUCH TAXES SHALL CONSTITUTE A DEBT DUE AND OWING FROM THE LESSEE,
CONTRACTOR OR USER TO THE MUNICIPAL CORPORATION OR SPECIAL DISTRICT FOR
WHICH THE TAXES WERE LEVIED AND SHALL BE RECOVERABLE BY ACTION IN
SUPREME COURT.
§ 4. Section 402 of the real property tax law is amended by adding two
new subdivisions 4 and 5 to read as follows:
4. POSSESSORY INTERESTS, AS DESCRIBED IN PARAGRAPH (K) OF SUBDIVISION
TWELVE OF SECTION ONE HUNDRED TWO OF THIS CHAPTER, SHALL ONLY BE TAXABLE
AS PROVIDED IN THIS SECTION IF THE GOVERNING BODY OF THE MUNICIPAL
CORPORATION IN WHICH THE POSSESSORY INTERESTS ARE LOCATED, AFTER PUBLIC
HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION SO PROVIDING,
PROVIDED, HOWEVER, THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICA-
BLE WHERE A POSSESSORY INTEREST IS MAKING PAYMENTS IN LIEU OF TAXES
WHICH PAYMENT IS EQUAL TO THE TAXES THAT WOULD BE PAID HAD THE PROPERTY
BEEN TAXABLE. ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION SHALL APPLY
ALIKE TO ALL POSSESSORY INTERESTS WHICH ARE LOCATED WITHIN THE MUNICIPAL
CORPORATION. POSSESSORY INTERESTS IN EXISTENCE ON THE EFFECTIVE DATE OF
THE LOCAL LAW, ORDINANCE OR RESOLUTION SHALL BE PARTIALLY EXEMPT FROM
TAXATION FOR THE NEXT SUCCEEDING FOUR YEARS IN ACCORDANCE WITH THIS
SECTION; PROVIDED, HOWEVER, THAT (A) IF THE LEASE, CONTRACT, OPTION OR
OTHER AGREEMENT IS RENEGOTIATED OR RENEWED AND SUCH RENEGOTIATION OR
RENEWAL BECOMES EFFECTIVE DURING THOSE FOUR YEARS, THE PARTIAL EXEMPTION
SHALL NOT BE AVAILABLE SUBSEQUENT TO THE EFFECTIVE DATE OF THE NEW
AGREEMENT, AND (B) IF THE LEASE, CONTRACT, OPTION OR OTHER AGREEMENT
CONTAINS ANY PROVISION ASSIGNING LIABILITY BETWEEN THE PARTIES IN THE
EVENT THAT REAL PROPERTY TAXES ARE IMPOSED, THE PARTIAL EXEMPTION SHALL
NOT BE AVAILABLE TO POSSESSORY INTERESTS CREATED THEREUNDER. EXCEPT IN
THE INSTANCES SET FORTH IN THIS SUBDIVISION, FOR THE FIRST TAXABLE
STATUS DATE OCCURRING SUBSEQUENT TO THE EFFECTIVE DATE OF THE LOCAL LAW,
ORDINANCE OR RESOLUTION, TAXABLE POSSESSORY INTERESTS SHALL BE EXEMPT
FROM TAXATION BY ANY MUNICIPAL CORPORATION IN WHICH LOCATED TO THE
EXTENT OF EIGHTY PERCENT OF THE ASSESSED VALUE; FOR THE SECOND TAXABLE
STATUS DATE, TO THE EXTENT OF SIXTY PERCENT; FOR THE THIRD TAXABLE
STATUS DATE, TO THE EXTENT OF FORTY PERCENT; AND FOR THE FOURTH TAXABLE
S. 9005--B 205
STATUS DATE, TO THE EXTENT OF TWENTY PERCENT. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW IN THIS CHAPTER, POSSESSORY INTERESTS ON PARCELS WHICH
HAVE BEEN DESIGNATED AS MILITARY LAND SHALL BE FULLY EXEMPT FROM SCHOOL
PROPERTY TAX IF THE SCHOOL DISTRICT WHEREUPON SUCH MILITARY LAND PARCELS
ARE SITUATED RECEIVES IMPACT AID FUNDS FROM THE FEDERAL GOVERNMENT
PURSUANT TO 30 CFR PART 222.
5. THIS SECTION SHALL NOT APPLY TO BUSINESSES WITH LESS THAN TWENTY-
FIVE EMPLOYEES.
§ 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through BBB of this act shall
be as specifically set forth in the last section of such Parts.