assembly Bill A1184

2015-2016 Legislative Session

Relates to health care decisions for persons with developmental disabilities

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Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to judiciary
Jan 08, 2015 referred to judiciary

Co-Sponsors

A1184 - Bill Details

Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §1750-b, SCPA
Versions Introduced in 2013-2014 Legislative Session:
A9549

A1184 - Bill Texts

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Relates to health care decisions for persons with developmental disabilities.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1184

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M. of A. GUNTHER, GOTTFRIED -- read once and referred to
  the Committee on Judiciary

AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
  making  technical  and  coordinating amendments and other improvements
  regarding health care decisions for persons with  developmental  disa-
  bilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1750-b of the surrogate's court procedure  act,  as
added  by  chapter  500 of the laws of 2002, subdivision 1 as amended by
chapter 105 of the laws of 2007, the opening paragraph,  paragraphs  (a)
and  (b)  of subdivision 1 and the opening paragraph of subdivision 4 as
amended by chapter 8 of the laws of 2010, subparagraph (i) of  paragraph
(a)  and  clause A of subparagraph (i) of paragraph (e) of subdivision 4
as amended by section 18 of part J of chapter 56 of the  laws  of  2012,
and  paragraph  (d) of subdivision 5 as added by chapter 262 of the laws
of 2008, is amended to read as follows:
S 1750-b. Health care decisions for [mentally retarded persons]  PERSONS
            WITH DEVELOPMENTAL DISABILITIES
  1.  Scope  of  authority. AS USED IN THIS SECTION, THE TERMS "DEVELOP-
MENTAL DISABILITY" AND "DEVELOPMENTALLY DISABLED" SHALL HAVE THE MEANING
SET FORTH IN SUBDIVISION  TWENTY-TWO  OF  SECTION  1.03  OF  THE  MENTAL
HYGIENE LAW. Unless specifically prohibited by the court after consider-
ation  of  the  determination,  if  any,  regarding a [mentally retarded
person's] PERSON WITH A  DEVELOPMENTAL  DISABILITY'S  capacity  to  make
health  care  decisions,  which is required by section seventeen hundred
fifty of this article, the guardian of such person appointed pursuant to
section seventeen hundred fifty of this article shall have the authority
to make any and all health care decisions, as defined by subdivision six
of section twenty-nine hundred eighty  of  the  public  health  law,  on
behalf  of  the  [mentally  retarded person] PERSON WITH A DEVELOPMENTAL
DISABILITY that such person could make if such person had capacity. Such
decisions may include decisions to withhold or withdraw  life-sustaining
treatment.  For  purposes  of  this section, "life-sustaining treatment"

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02200-01-5

A. 1184                             2

means medical treatment, including cardiopulmonary resuscitation , INTU-
BATION  AND/OR  MECHANICAL  VENTILATION  and  nutrition  and   hydration
provided  by means of medical treatment, which is OR WOULD BE sustaining
life  functions and without which, according to reasonable medical judg-
ment, the patient will  die  within  a  relatively  short  time  period.
Cardiopulmonary  resuscitation  is presumed to be life-sustaining treat-
ment without the necessity of a medical judgment by an attending  physi-
cian.  The  provisions  of  this  article  are not intended to permit or
promote suicide, assisted suicide or euthanasia; accordingly, nothing in
this section shall be construed to permit a guardian to consent  to  any
act  or omission to which the [mentally retarded] person WITH A DEVELOP-
MENTAL DISABILITY could not consent if such person had capacity.
  (a) For the purposes of making a  decision  to  withhold  or  withdraw
life-sustaining  treatment  pursuant  to  this section, in the case of a
person for whom no guardian  has  been  appointed  pursuant  to  section
seventeen  hundred fifty or seventeen hundred fifty-a of this article, a
"guardian" shall also mean a family member of  a  person  who  [(i)  has
mental  retardation, or (ii)] has a developmental disability, as defined
in section 1.03 of the mental hygiene law, which  [(A)  includes  mental
retardation,  or  (B)]  results  in [a similar] AN impairment of general
intellectual functioning or adaptive behavior so  that  such  person  is
incapable  of  managing himself or herself, and/or his or her affairs by
reason of such developmental disability. Qualified family members  shall
be  included  in  a  prioritized list of said family members pursuant to
regulations established by the commissioner of [mental retardation  and]
developmental  disabilities. Such family members must have a significant
and ongoing involvement in a person's life  so  as  to  have  sufficient
knowledge  of  their  needs and, when reasonably known or ascertainable,
the person's wishes, including moral and religious beliefs. In the  case
of a person who was a resident of the former Willowbrook state school on
March  seventeenth,  nineteen  hundred seventy-two and those individuals
who were in community care status on that date and subsequently returned
to Willowbrook or a related facility, who are fully represented  by  the
consumer  advisory board and who have no guardians appointed pursuant to
this article or have no qualified family members to make  such  a  deci-
sion,  then  a "guardian" shall also mean the Willowbrook consumer advi-
sory board. A decision of such family member or the Willowbrook consumer
advisory board to withhold or withdraw life-sustaining  treatment  shall
be  subject  to  all of the protections, procedures and safeguards which
apply to the decision of a guardian to withhold  or  withdraw  life-sus-
taining treatment pursuant to this section.
  In the case of a person for whom no guardian has been appointed pursu-
ant  to  this article or for whom there is no qualified family member or
the Willowbrook consumer advisory board available to make such  a  deci-
sion,  a  "guardian" shall also mean, notwithstanding the definitions in
section 80.03 of the mental hygiene  law,  a  surrogate  decision-making
committee,  as  defined in article eighty of the mental hygiene law. All
declarations and procedures, including expedited procedures,  to  comply
with this section shall be established by regulations promulgated by the
[commission  on  quality of care and advocacy for persons with disabili-
ties] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, AS
ESTABLISHED BY ARTICLE TWENTY OF THE EXECUTIVE LAW.
  (b) Regulations establishing the prioritized list of qualified  family
members required by paragraph (a) of this subdivision shall be developed
by  the commissioner of [mental retardation and] developmental disabili-
ties in conjunction  with  parents,  advocates  and  family  members  of

A. 1184                             3

persons  [who  are  mentally  retarded] WITH DEVELOPMENTAL DISABILITIES.
Regulations to implement the authority of the Willowbrook consumer advi-
sory board pursuant to paragraph (a) of this subdivision may be  promul-
gated  by  the  commissioner  of  the office of [mental retardation and]
developmental disabilities with advice  from  the  Willowbrook  consumer
advisory board.
  (c)  Notwithstanding  any provision of law to the contrary, the formal
determinations required pursuant to section seventeen hundred  fifty  of
this article shall only apply to guardians appointed pursuant to section
seventeen hundred fifty or seventeen hundred fifty-a of this article.
  (D)  A  PATIENT  SUBJECT TO THIS SECTION WHO IS FOUND BY THE ATTENDING
PHYSICIAN TO HAVE CAPACITY TO MAKE HIS OR HER OWN HEALTH CARE DECISIONS,
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION  FOUR  OF  THIS  SECTION,  UPON
NOTICE  TO  THE  CHIEF EXECUTIVE OFFICER OF A RESIDENTIAL FACILITY OPER-
ATED, LICENSED OR AUTHORIZED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES, IN WHICH FACILITY THE PATIENT RESIDES OR FROM WHICH HE  OR
SHE  WAS TRANSFERRED, AND THE MENTAL HYGIENE LEGAL SERVICE, MAY MAKE HIS
OR HER OWN DECISIONS RELATING TO LIFE-SUSTAINING TREATMENT.
  (E) A PATIENT SUBJECT TO THIS SECTION WHO  HAS  A  VALID  HEALTH  CARE
PROXY  AT  THE  TIME  OF  A  HEALTH  CARE DECISION, INCLUDING A DECISION
INVOLVING LIFE-SUSTAINING TREATMENT, SHALL HAVE SUCH DECISIONS  MADE  IN
ACCORDANCE  WITH  ARTICLE TWENTY-NINE-C OF THE PUBLIC HEALTH LAW. IF FOR
ANY REASON THE AGENT OR AN ALTERNATE AGENT IS NOT REASONABLY  AVAILABLE,
WILLING  AND COMPETENT TO SERVE AND THE PATIENT IS OTHERWISE ELIGIBLE TO
HAVE A DECISION AS TO LIFE-SUSTAINING TREATMENT MADE  PURSUANT  TO  THIS
SECTION,  ANY  GUARDIAN  OR  PERSON  OR  ENTITY ENTITLED TO EXERCISE THE
AUTHORITY OF A GUARDIAN UNDER PARAGRAPH (A) OF THIS SUBDIVISION MAY MAKE
SUCH DECISION.
  2. Decision-making standard. (a) The guardian shall base all  advocacy
and  health  care  decision-making  solely  and  exclusively on the best
interests of the [mentally retarded] person WITH A  DEVELOPMENTAL  DISA-
BILITY and, when reasonably known or ascertainable with reasonable dili-
gence,  on [the mentally retarded] SUCH person's wishes, including moral
and religious beliefs.
  (b) An assessment of the [mentally retarded person's]  PERSON  WITH  A
DEVELOPMENTAL  DISABILITY'S  best  interests shall include consideration
of:
  (i) the dignity and uniqueness of every person;
  (ii) the preservation, improvement or  restoration  of  the  [mentally
retarded] person's health;
  (iii)  the  relief  of  the  [mentally retarded] person's suffering by
means of palliative care and pain management;
  (iv)  the  unique  nature  of  [artificially  provided]  nutrition  or
hydration  PROVIDED BY MEANS OF MEDICAL TREATMENT, and the effect it may
have on the [mentally retarded] person; and
  (v) the entire medical condition of the person.
  (c) No health care decision shall be influenced in any way by:
  (i) a presumption that persons with [mental retardation] DEVELOPMENTAL
DISABILITIES are not entitled  to  the  full  and  equal  rights,  equal
protection,  respect, medical care and dignity afforded to persons with-
out [mental retardation or] developmental disabilities; or
  (ii) financial considerations of the guardian, as such  considerations
affect the guardian, a health care provider or any other party.
  3. Right to receive information. Subject to the provisions of sections
33.13  and  33.16 of the mental hygiene law, the guardian shall have the
right to receive  all  medical  information  and  medical  and  clinical

A. 1184                             4

records  necessary  to  make  informed decisions regarding the [mentally
retarded person's] PERSON WITH A DEVELOPMENTAL DISABILITY'S health care.
  4.  Life-sustaining treatment. The guardian shall have the affirmative
obligation to advocate for the full and efficacious provision of  health
care,  including life-sustaining treatment. In the event that a guardian
[makes] INITIATES a decision to  withdraw  or  withhold  life-sustaining
treatment  from  a [mentally retarded] person WITH A DEVELOPMENTAL DISA-
BILITY:
  (a) The attending physician, as defined in subdivision two of  section
twenty-nine  hundred  eighty of the public health law, must confirm to a
reasonable degree of medical  certainty  that  the  [mentally  retarded]
person  WITH  A  DEVELOPMENTAL  DISABILITY lacks capacity to make health
care decisions. The determination  thereof  shall  be  included  in  the
[mentally  retarded]  person's  medical  record,  and shall contain such
attending physician's opinion regarding the  cause  and  nature  of  the
[mentally retarded] person's incapacity as well as its extent and proba-
ble  duration.  The attending physician who makes the confirmation shall
consult with another physician, or a licensed psychologist,  to  further
confirm the [mentally retarded] person's lack of capacity. The attending
physician  who  makes  the  confirmation,  or  the physician or licensed
psychologist with whom the attending physician  consults,  must  (i)  be
employed  by  a  developmental  disabilities  [services] REGIONAL office
named in section 13.17 of the mental hygiene  law  or  employed  by  the
office  for  people with developmental disabilities to provide treatment
and care to people with developmental disabilities, or  (ii)  have  been
employed  for  a  minimum  of  two years to render care and service in a
facility or program operated, licensed or authorized by the  office  [of
mental  retardation  and] FOR PEOPLE WITH developmental disabilities, or
(iii) have been approved by the commissioner of [mental retardation and]
developmental disabilities in accordance with regulations promulgated by
such commissioner. Such regulations shall require that  a  physician  or
licensed  psychologist possess specialized training or three years expe-
rience in treating [mental retardation] PEOPLE WITH DEVELOPMENTAL  DISA-
BILITIES.    A  record  of  such  consultation  shall be included in the
[mentally retarded] person's medical record.
  (b) The attending physician, as defined in subdivision two of  section
twenty-nine  hundred  eighty  of the public health law, with the concur-
rence of another physician with  whom  such  attending  physician  shall
consult,  must determine to a reasonable degree of medical certainty and
note on the [mentally retarded person's]  PERSON  WITH  A  DEVELOPMENTAL
DISABILITY'S chart that:
  (i) the [mentally retarded] person has a medical condition as follows:
  A.  a  terminal  condition, [as defined in subdivision twenty-three of
section twenty-nine hundred sixty-one of the public  health  law]  WHICH
SHALL  MEAN  AN  ILLNESS  OR INJURY FROM WHICH THERE IS NO RECOVERY, AND
WHICH CAN REASONABLY BE EXPECTED TO CAUSE DEATH WITHIN ONE YEAR; or
  B. permanent unconsciousness; or
  C. a medical condition other than such person's  [mental  retardation]
DEVELOPMENTAL  DISABILITY  which  requires life-sustaining treatment, is
irreversible and which will continue indefinitely; and
  (ii) the  life-sustaining  treatment  would  impose  an  extraordinary
burden on such person, in light of:
  A.  such  person's medical condition, other than such person's [mental
retardation] DEVELOPMENTAL DISABILITY; and

A. 1184                             5

  B. the expected outcome of  the  life-sustaining  treatment,  notwith-
standing  such  person's  [mental retardation] DEVELOPMENTAL DISABILITY;
and
  (iii)  in  the case of a decision to withdraw or withhold artificially
provided nutrition or hydration:
  A. there is no reasonable hope of maintaining life; or
  B. the artificially provided nutrition or hydration poses an  extraor-
dinary burden.
  (c)  The  guardian  shall  express  a decision to withhold or withdraw
life-sustaining treatment either:
  (i) in writing, dated and signed in the presence of one witness  eigh-
teen years of age or older who shall sign the decision, and presented to
the  attending physician, as defined in subdivision two of section twen-
ty-nine hundred eighty of the public health law; or
  (ii) orally, to two persons eighteen years of age or older,  at  least
one  of  whom is the [mentally retarded person's] PERSON WITH A DEVELOP-
MENTAL DISABILITY'S attending physician, as defined in  subdivision  two
of section twenty-nine hundred eighty of the public health law.
  (d)  The attending physician, as defined in subdivision two of section
twenty-nine hundred eighty of the public health  law,  who  is  provided
with  the  decision  of  a  guardian  shall  include the decision in the
[mentally retarded person's] PERSON WITH  A  DEVELOPMENTAL  DISABILITY'S
medical chart, and shall either:
  (i)  promptly  issue  an order to withhold or withdraw life-sustaining
treatment from the [mentally retarded]  person,  and  inform  the  staff
responsible for such person's care, if any, of the order; or
  (ii)  promptly object to such decision, in accordance with subdivision
five of this section.
  (e) At least forty-eight hours prior to the implementation of a  deci-
sion  to withdraw life-sustaining treatment, or at the earliest possible
time prior to the implementation of a decision to withhold life-sustain-
ing treatment, the attending physician shall notify:
  (i) the [mentally retarded] person WITH  A  DEVELOPMENTAL  DISABILITY,
except  if the attending physician determines, in writing and in consul-
tation with another physician or a licensed  psychologist,  that,  to  a
reasonable  degree of medical certainty, the person would suffer immedi-
ate and severe injury from such notification.  The  attending  physician
who  makes  the  confirmation, or the physician or licensed psychologist
with whom the attending physician consults, shall:
  A. be employed by a developmental disabilities services  office  named
in section 13.17 of the mental hygiene law or employed by the office for
people  with developmental disabilities to provide treatment and care to
people with developmental disabilities, or
  B. have been employed for a minimum of two years to  render  care  and
service in a facility operated, licensed or authorized by the office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities, or
  C.  have been approved by the commissioner of [mental retardation and]
developmental disabilities in accordance with regulations promulgated by
such commissioner. Such regulations shall require that  a  physician  or
licensed  psychologist possess specialized training or three years expe-
rience in treating [mental retardation]  DEVELOPMENTAL  DISABILITIES.  A
record of such consultation shall be included in the [mentally retarded]
person's medical record;
  (ii) if the person is in or was transferred from a residential facili-
ty operated, licensed or authorized by the office [of mental retardation
and]  FOR  PEOPLE  WITH  developmental disabilities, the chief executive

A. 1184                             6

officer of the agency or organization operating such  facility  and  the
mental  hygiene legal service. NOTIFICATION TO THE FACILITY DIRECTOR AND
THE MENTAL HYGIENE LEGAL SERVICE SHALL NOT DELAY ISSUANCE  OF  AN  ORDER
NOT TO RESUSCITATE; and
  (iii)  if  the  person  is  not in and was not transferred from such a
facility or program, the commissioner of [mental retardation and] devel-
opmental disabilities, or his or her designee.
  (F) FOR A PATIENT RESIDING IN A FACILITY OPERATED, LICENSED OR AUTHOR-
IZED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AS TO WHOM
AN ORDER NOT TO RESUSCITATE HAS BEEN ENTERED,  THE  ATTENDING  PHYSICIAN
SHALL REVIEW WHETHER THE ORDER IS STILL APPROPRIATE AT SUCH TIMES AND IN
SUCH  MANNER AS IS PRESCRIBED BY SUBDIVISION FOUR OF SECTION TWENTY-NINE
HUNDRED NINETY-FOUR-DD OF THE PUBLIC HEALTH LAW.
  5. Objection to health care decision. (a) Suspension.  A  health  care
decision  made  pursuant  to  subdivision  four of this section shall be
suspended, pending judicial review, except if the  suspension  would  in
reasonable  medical  judgment  be  likely  to result in the death of the
[mentally retarded] person WITH A DEVELOPMENTAL DISABILITY, in the event
of an objection to that decision at any time by:
  (i) the [mentally retarded] person on whose behalf such  decision  was
made; or
  (ii)  a  parent  or adult sibling who either resides with or has main-
tained substantial and continuous contact with the  [mentally  retarded]
person; or
  (iii)  the  attending  physician,  as  defined  in  subdivision two of
section twenty-nine hundred eighty of the public health law; or
  (iv) any other health care  practitioner  providing  services  to  the
[mentally  retarded]  person,  who  is  licensed pursuant to article one
hundred thirty-one, one hundred thirty-one-B,  one  hundred  thirty-two,
one  hundred  thirty-three,  one hundred thirty-six, one hundred thirty-
nine, one  hundred  forty-one,  one  hundred  forty-three,  one  hundred
forty-four, one hundred fifty-three, one hundred fifty-four, one hundred
fifty-six,  one  hundred  fifty-nine  or  one  hundred sixty-four of the
education law; or
  (v) the chief executive officer identified  in  subparagraph  (ii)  of
paragraph (e) of subdivision four of this section; or
  (vi) if the person is in or was transferred from a residential facili-
ty  or  program  operated, approved or licensed by the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities, the  mental
hygiene legal service; or
  (vii)  if  the  person  is  not in and was not transferred from such a
facility or program, the commissioner of [mental retardation and] devel-
opmental disabilities, or his or her designee.
  NOTWITHSTANDING THE FOREGOING, IN CASES WHERE THE ATTENDING  PHYSICIAN
HAS  NOTIFIED  THE  CHIEF  EXECUTIVE OFFICER OF AN AGENCY AND THE MENTAL
HYGIENE LEGAL SERVICE OF THE ENTRY OF AN ORDER NOT TO RESUSCITATE PURSU-
ANT TO SUBPARAGRAPH (II) OF PARAGRAPH (E) OF SUBDIVISION  FOUR  OF  THIS
SECTION, AND IF SUCH NOTICE INCLUDES EITHER THE PHYSICIAN'S STATEMENT OF
THE  DIAGNOSTIC  AND  PROGNOSTIC  BASIS FOR THE MEDICAL DETERMINATION IN
SUPPORT OF THE ORDER OR AN EXCERPT FROM  THE  PATIENT'S  MEDICAL  RECORD
THAT IS SUFFICIENT TO SUPPORT SUCH DETERMINATION, AN ORDER NOT TO RESUS-
CITATE  SHALL  NOT BE STAYED BY AN OBJECTION BY THE PERSONS DESCRIBED IN
SUBPARAGRAPH (V) OR (VI) OF  THIS  PARAGRAPH  UNLESS  THE  OBJECTION  IS
ACCOMPANIED  BY  (A)  A WRITTEN STATEMENT BY THE OBJECTING PARTY SETTING
FORTH A BASIS FOR ASSERTING THAT A STANDARD IN THIS ARTICLE FOR ENTERING
SUCH AN ORDER HAS NOT BEEN MET; AND (B) IF  THE  BASIS  RELATES  TO  THE

A. 1184                             7

FAILURE TO MEET MEDICAL CRITERIA IN THIS ARTICLE FOR THE ISSUANCE OF THE
ORDER,  A WRITTEN STATEMENT BY A HEALTH OR SOCIAL SERVICES PRACTITIONER,
AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION TWENTY-NINE HUNDRED NINE-
TY-FOUR-A  OF  THE  PUBLIC  HEALTH  LAW SETTING FORTH THE PROFESSIONAL'S
OPINION, BASED ON HIS OR HER REVIEW OF THE AFOREMENTIONED  STATEMENT  OR
MEDICAL  RECORD  EXCERPT  AND  CONSULTATION WITH THE PATIENT'S ATTENDING
PHYSICIAN, THAT THE MEDICAL CRITERIA IN THIS ARTICLE FOR  ENTERING  SUCH
ORDER HAS NOT BEEN MET.
  (b)  Form  of objection. Such objection shall occur orally or in writ-
ing.
  (c) Notification. In the event of the  suspension  of  a  health  care
decision pursuant to this subdivision, the objecting party shall prompt-
ly notify the guardian and the other parties identified in paragraph (a)
of  this  subdivision,  and  the  attending  physician shall record such
suspension in the [mentally retarded person's] PERSON  WITH  A  DEVELOP-
MENTAL DISABILITY'S medical chart.
  (d)  Dispute  mediation. In the event of an objection pursuant to this
subdivision, at the request of the objecting party or person  or  entity
authorized  to  act as a guardian under this section, except a surrogate
decision making committee established pursuant to article eighty of  the
mental hygiene law, such objection shall be referred to [a dispute medi-
ation  system, established pursuant to section two thousand nine hundred
seventy-two] AN ETHICS REVIEW COMMITTEE, ESTABLISHED PURSUANT TO SECTION
TWENTY-NINE HUNDRED NINETY-FOUR-M of the public health  law  or  similar
entity  for  mediating  disputes in a hospice, such as a patient's advo-
cate's office[,] OR hospital chaplain's office [or ethics committee], as
described in writing and adopted by  the  governing  authority  of  such
hospice,  for  non-binding  mediation.  In  the  event that such dispute
cannot be resolved within seventy-two hours or no such mediation  entity
exists  or  is  reasonably  available  for  mediation  of a dispute, the
objection [shall] MAY proceed to judicial review pursuant to this subdi-
vision. The party requesting mediation  shall  provide  notification  to
those  parties  entitled  to  notice  pursuant  to paragraph (a) of this
subdivision.
  6. Special proceeding authorized. The guardian, the  attending  physi-
cian,  as  defined  in  subdivision  two  of section twenty-nine hundred
eighty of the public health law, the chief executive officer  identified
in  subparagraph  (ii)  of  paragraph  (e)  of  subdivision four of this
section, the mental hygiene legal service (if the person is  in  or  was
transferred from a residential facility or program operated, approved or
licensed  by  the  office  [of  mental  retardation and] FOR PEOPLE WITH
developmental disabilities) or the commissioner of  [mental  retardation
and] developmental disabilities or his or her designee (if the person is
not  in  and  was  not  transferred from such a facility or program) may
commence a special proceeding in a court of competent jurisdiction  with
respect  to  any dispute arising under this section, including objecting
to the withdrawal or withholding of  life-sustaining  treatment  because
such  withdrawal  or  withholding is not in accord with the criteria set
forth in this section.
  7. Provider's obligations. (a) A health  care  provider  shall  comply
with the health care decisions made by a guardian in good faith pursuant
to  this  section, to the same extent as if such decisions had been made
by the [mentally retarded] person WITH A  DEVELOPMENTAL  DISABILITY,  if
such person had capacity.
  (b) Notwithstanding paragraph (a) of this subdivision, nothing in this
section  shall  be  construed  to  require a private hospital to honor a

A. 1184                             8

guardian's health care decision that the hospital would not honor if the
decision had been made by the [mentally retarded] person WITH A DEVELOP-
MENTAL DISABILITY, if such person had capacity, because the decision  is
contrary  to a formally adopted written policy of the hospital expressly
based on religious beliefs or sincerely held moral  convictions  central
to  the  hospital's  operating  principles,  and  the  hospital would be
permitted by law to refuse to honor the decision if made by such person,
provided:
  (i) the hospital has informed the guardian of such policy prior to  or
upon admission, if reasonably possible; and
  (ii) the [mentally retarded] person is transferred promptly to another
hospital  that  is  reasonably accessible under the circumstances and is
willing to honor the guardian's decision. If the guardian is  unable  or
unwilling  to  arrange  such a transfer, the hospital's refusal to honor
the decision of the guardian shall constitute an objection  pursuant  to
subdivision five of this section.
  (c) Notwithstanding paragraph (a) of this subdivision, nothing in this
section shall be construed to require an individual health care provider
to honor a guardian's health care decision that the individual would not
honor  if  the  decision had been made by the [mentally retarded] person
WITH A DEVELOPMENTAL DISABILITY, if such person  had  capacity,  because
the  decision  is  contrary  to  the  individual's  religious beliefs or
sincerely held moral convictions, provided the  individual  health  care
provider  promptly informs the guardian and the facility, if any, of his
or her refusal to honor the guardian's  decision.  In  such  event,  the
facility  shall  promptly  transfer  responsibility  for  the  [mentally
retarded] person to another individual health care provider  willing  to
honor the guardian's decision. The individual health care provider shall
cooperate in facilitating such transfer of the patient.
  (d)  Notwithstanding  the  provisions  of  any other paragraph of this
subdivision, if a guardian  directs  the  provision  of  life-sustaining
treatment,  the  denial of which in reasonable medical judgment would be
likely to result in the death of the [mentally retarded] person  WITH  A
DEVELOPMENTAL  DISABILITY, a hospital or individual health care provider
that does not wish to provide such treatment  shall  nonetheless  comply
with  the  guardian's  decision pending either transfer of the [mentally
retarded] person to a willing hospital or individual health care provid-
er, or judicial review.
  (e) Nothing in this section shall affect or diminish the authority  of
a  surrogate  decision-making  panel to render decisions regarding major
medical treatment pursuant to article eighty of the mental hygiene law.
  8. Immunity. (a) Provider immunity. No health care provider or employ-
ee thereof shall be subjected to criminal  or  civil  liability,  or  be
deemed  to  have engaged in unprofessional conduct, for honoring reason-
ably and in good faith a health care decision  by  a  guardian,  or  for
other  actions  taken  reasonably  and  in  good  faith pursuant to this
section.
  (b) Guardian immunity. No guardian shall be subjected to  criminal  or
civil liability for making a health care decision reasonably and in good
faith pursuant to this section.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

assembly Bill A1127

2015-2016 Legislative Session

Relates to the hours worked by nurses

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to labor
Jan 08, 2015 referred to labor

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A1127 - Bill Details

See Senate Version of this Bill:
S3100
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L; amd §6510-e, Ed L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A1632, S1673
2011-2012: A410, S5154
2009-2010: A6492A, S5016A

A1127 - Bill Texts

view summary

Relates to the hours worked by nurses.

view full text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1127

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of  A. GUNTHER, CLARK, COLTON, JAFFEE, PERRY, ENGLE-
  BRIGHT, STECK, SCARBOROUGH, COOK, ABINANTI -- Multi-Sponsored by -- M.
  of A. FARRELL, GOTTFRIED, McDONOUGH, RA -- read once and  referred  to
  the Committee on Labor

AN  ACT to amend the labor law and the education law, in relation to the
  hours worked by nurses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  167 of the labor law, as added by chapter 493 of
the laws of 2008, is amended to read as follows:
  S 167. Restrictions on consecutive hours of work for nurses.  1.  When
used in this section:
  a.  "Health  care  employer"  shall  mean any individual, partnership,
association, corporation, limited liability company  or  any  person  or
group  of  persons  acting directly or indirectly on behalf of or in the
interest of the employer, which provides health care services (i)  in  a
facility licensed or operated pursuant to article twenty-eight AND ARTI-
CLE THIRTY-SIX of the public health law, including any facility operated
by the state, a political subdivision or a public corporation as defined
by  section  sixty-six  of  the  general  construction law, or (ii) in a
facility operated by the state, a  political  subdivision  or  a  public
corporation  as defined by section sixty-six of the general construction
law, operated or licensed pursuant to the mental hygiene law, the educa-
tion law or the correction law.
  b. "Nurse" shall mean a registered professional nurse  or  a  licensed
practical  nurse  as  defined  by article one hundred thirty-nine of the
education law who provides direct patient care.
  c. "Regularly scheduled work  hours",  including  REGULARLY  SCHEDULED
HOME  CARE VISITS, pre-scheduled on-call time and the time spent for the
purpose of communicating shift reports regarding patient  status  neces-
sary  to  ensure  patient  safety,  shall mean those hours AND HOME CARE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01596-01-5

A. 1127                             2

VISITS a nurse has agreed to work and  is  normally  scheduled  to  work
pursuant  to  the  budgeted  hours AND HOME CARE VISITS allocated to the
nurse's position by the health care employer; and if no such  allocation
system  exists,  some  other  measure  generally used by the health care
employer to determine when an employee is minimally  supposed  to  work,
consistent  with the collective bargaining agreement, if any. Nothing in
this section shall be construed to permit an  employer  to  use  on-call
time as a substitute for mandatory overtime.
  2.  a.  Notwithstanding  any  other  provision  of  law no health care
employer shall require a nurse to work more than that nurse's  regularly
scheduled work hours OR HOME CARE VISITS, except pursuant to subdivision
three of this section.
  b.  Nothing  in  this  section shall prohibit a nurse from voluntarily
working overtime.
  3. The limitations provided for in this section shall not apply in the
case of:
  a. a health care disaster, such as a natural or other type of disaster
that increases the need for health care personnel, unexpectedly  affect-
ing the county in which the nurse is employed or in a contiguous county;
or
  b.  a  federal,  state or county declaration of emergency in effect in
the county in which the nurse is employed or in a contiguous county; or
  c. where a health care employer  determines  there  is  an  emergency,
necessary  to  provide  safe patient care, in which case the health care
provider shall, before requiring an on-duty employee to remain,  make  a
good faith effort to have overtime covered on a voluntary basis, includ-
ing,  but  not  limited  to, calling per diems, agency nurses, assigning
floats, or requesting an additional day of work from off-duty employees,
to the extent such staffing options exist.  For  the  purposes  of  this
paragraph,  "emergency",  including an unanticipated staffing emergency,
is defined as an unforeseen event that could not  be  prudently  planned
for by an employer and does not regularly occur; or
  d.  an  ongoing  medical  or  surgical procedure in which the nurse is
actively engaged and whose continued presence through the completion  of
the procedure is needed to ensure the health and safety of the patient.
  3-A.  IN THE CASE OF A NURSE EMPLOYED BY AN EMPLOYER LICENSED PURSUANT
TO ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH  LAW,  THE  TERM  'EMERGENCY'
SHALL ALSO INCLUDE A SITUATION IN WHICH UNFORESEEN EVENTS MAKE IT NECES-
SARY  FOR AN EMPLOYER TO REQUIRE A NURSE TO COMPLETE REGULARLY SCHEDULED
HOME CARE VISITS IN CIRCUMSTANCES WHERE THE LOCATION  OF  THE  PRE-SCHE-
DULED  VISITS  AND  LACK  OF OTHER STAFFING OPTIONS FOR COVERAGE MAKE IT
IMPRACTICAL TO RESCHEDULE THE VISIT OR TO PROVIDE ALTERNATIVE COVERAGE.
  4. The provisions of this section are intended as a  remedial  measure
to  protect the public health and the quality of patient care, and shall
not be construed to diminish or waive any rights of any  nurse  pursuant
to any other law, regulation, or collective bargaining agreement.
  S  2.  Section 6510-e of the education law, as added by chapter 493 of
the laws of 2008, is amended to read as follows:
  S 6510-e. Nurses' refusal of overtime work. The refusal of a  licensed
practical  nurse  or a registered professional nurse to work beyond said
nurse's regularly scheduled HOME CARE VISITS OR hours of work shall  not
solely  constitute  patient  abandonment  or  neglect  except  under the
circumstances provided  for  under  subdivision  three  of  section  one
hundred sixty-seven of the labor law.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

K507

Mourning the death of Laurence F. Adamczyk, renowned public servant, distinguished citizen, and devoted member of his community

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K507


LEGISLATIVE RESOLUTION mourning the death of Laurence F. Adamczyk,
renowned public servant, distinguished citizen, and devoted member of
his community

WHEREAS, It is the custom of this Legislative Body to mourn publicly the
death of certain prominent individuals whose valued contributions to
their community, their profession, and their heritage served to enhance
the quality of life in the State of New York; and
WHEREAS, Laurence F. Adamczyk, the former Erie County Elections
Commissioner and a long time force in local politics, died on Tuesday,
March 10, 2015 in Cheektowaga, at the age of 55; and
WHEREAS, This esteemed man distinguished himself in his profession and
by his sincere dedication and substantial contribution to the welfare of
his community; and
WHEREAS, A native of Buffalo, New York, Laurence F. Adamczyk, affec-
tionately known as Larry, began his illustrious political career at
Bishop Timon High School, from which he graduated in 1977; from there he
started with a group of young Democrats rebelling against the local
party's leadership, and eventually helping then-Assemblyman Dennis T.
Gorski win the county executive post in 1987; and
WHEREAS, Laurence F. Adamczyk quickly moved into the forefront of a
group of political masterminds for the new county executive; he was the
secretary of the Erie County Democratic Committee from 1998 to 2002, and
served in the administration first as director of central services and
later as executive assistant for appointments; and
WHEREAS, Named a delegate to the 1996 Democratic National Convention
in Chicago, Laurence F. Adamczyk was elected secretary of the local
Democratic Party, and was ultimately appointed to county government's
top patronage post of Elections Commissioner; and
WHEREAS, Laurence F. Adamczyk was sincerely loved and greatly
respected by all those with whom he worked; committed to his community,
the people he represented, his State, and his Nation, he served his
public with dignity, dedication and incisive wisdom; and
WHEREAS, Over a long and meritorious life of service on behalf of
others, Laurence F. Adamczyk was a man of action, of integrity, and of
commitment, whose true compassion was generously given to all who knew
him; and
WHEREAS, Predeceased by his husband, Keith, and sister, Laura
(Joseph), Larry Adamczyk is survived by his parents, Frank and Teresa;
two sisters, Lynn (Thomas) and Leslie; and a brother, Leonard (Chris-
tine); as well as several nieces and nephews; and
WHEREAS, Laurence F. Adamczyk leaves behind a tremendous legacy which
will long endure the passage of time and will remain as a comforting
memory to all he served and befriended; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
mourn the death of Laurence F. Adamczyk, renowned public servant,
distinguished citizen, and devoted member of his community; and be it
further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to the family of Laurence F. Adamczyk.

actions

  • 12 / May / 2015
    • ADOPTED

Resolution Details

Law Section:
Resolutions, Legislative

assembly Bill A1023

2015-2016 Legislative Session

Relates to orders not to resuscitate; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 10, 2016 reported referred to codes
Jan 06, 2016 referred to health
Apr 28, 2015 reported referred to codes
Jan 08, 2015 referred to health

Co-Sponsors

Multi-Sponsors

A1023 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Rpld Art 29-B, amd §§2994-b, 2994-cc & 2994-ff, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
A9548

A1023 - Bill Texts

view summary

Relates to orders not to resuscitate.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1023

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M. of A. GUNTHER, GOTTFRIED -- read once and referred to
  the Committee on Health

AN ACT to amend the public health law, in  relation  to  orders  not  to
  resuscitate;  and  to  repeal  article  29-B  of the public health law
  relating to orders not to resuscitate for residents of mental  hygiene
  facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 29-B of the public health law is REPEALED.
  S 2. Section 2994-b of the public health law is amended  by  adding  a
new subdivision 1-a to read as follows:
  1-A.  THIS  ARTICLE SHALL ALSO APPLY TO DECISIONS REGARDING ORDERS NOT
TO RESUSCITATE FOR A PATIENT WHO LACKS  DECISION-MAKING  CAPACITY  IN  A
HOSPITAL AS DEFINED BY SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  S  3.  Subdivision  5  of section 2994-cc of the public health law, as
added by chapter 8 of the laws of 2010, is amended to read as follows:
  5. Consent by a patient or a surrogate for  a  patient  [in  a  mental
hygiene  facility  shall  be  governed  by article twenty-nine-B of this
chapter] IN A FACILITY OPERATED OR LICENSED  BY  THE  OFFICE  OF  MENTAL
HEALTH  SHALL  BE  GOVERNED BY THIS ARTICLE. CONSENT BY A PATIENT WHO IS
INTELLECTUALLY OR OTHERWISE DEVELOPMENTALLY DISABLED AND IS ELIGIBLE FOR
LIFE-SUSTAINING TREATMENT DECISION PURSUANT TO SECTION SEVENTEEN HUNDRED
FIFTY-B OF THE SURROGATE'S COURT PROCEDURE ACT SHALL BE GOVERNED BY THAT
SECTION.
  S 4. Section 2994-ff of the public health law, as added by  chapter  8
of the laws of 2010, is amended to read as follows:
  S  2994-ff. Interinstitutional transfer. If a patient with a nonhospi-
tal order not to resuscitate is admitted to a hospital, OR IF A HOSPITAL
PATIENT WITH AN ORDER NOT TO RESUSCITATE IS TRANSFERRED FROM A  HOSPITAL
TO  A  DIFFERENT HOSPITAL, the order shall be treated as an order not to
resuscitate for a patient transferred from another hospital,  and  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02198-01-5

A. 1023                             2

be  governed by [article twenty-nine-CC of this chapter, except that any
such order for a patient admitted to a mental hygiene facility shall  be
governed   by   article   twenty-nine-B]   SECTION  TWENTY-NINE  HUNDRED
NINETY-FOUR-L of this chapter.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

K506

Commending the Canandaigua Emergency Squad upon the occasion of celebrating its 75th Anniversary

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K506


LEGISLATIVE RESOLUTION commending the Canandaigua Emergency Squad upon
the occasion of celebrating its 75th Anniversary

WHEREAS, It is the custom of this Legislative Body to recognize and pay
tribute to organizations within the State of New York which provide
vital emergency medical rescue services; and
WHEREAS, Attendant to such concern, and in full accord with its long-
standing traditions, this Legislative Body is justly proud to commend
the Canandaigua Emergency Squad upon the occasion of its 75th Anniver-
sary to be celebrated at the Anniversary Press Conference on Thursday,
May 15, 2015, in Canandaigua, New York; and
WHEREAS, Canandaigua Emergency Squad (CES) is the primary emergency
medical and ambulance provider responding to traumatic medical crises in
its community for the last 75 years; this vital organization provides
timely and quality medical services to all people in the towns of Canan-
daigua, Hopewell, Gorham, and Bloomfield, as well as the Village of East
Bloomfield; and
WHEREAS, Today, CES is the busiest volunteer 911 service in Ontario
County; this vital organization responds to more than 4,000 calls each
year, and is comprised of more than 65 volunteers and 14 full-time emer-
gency medical technicians and paramedics, as well as per-diem paramed-
ics; and
WHEREAS, In 1940, the Mutual Hook & Ladder Emergency Squad was found-
ed, and twenty years later, it became a nonprofit organization; and
WHEREAS, In 1975, the Mutual Hook & Ladder Emergency Squad purchased
the North Pearl Street location from the City of Canandaigua; in 1984,
the company officially changed its name to Canandaigua Emergency Squad;
and
WHEREAS, In 2013, CES received the first Mercedes Modular Ambulance in
the country, increasing staff and patient safety while decreasing
initial purchase and continuing maintenance costs by approximately 20
percent; and
WHEREAS, Two years later, CES was the first organization in New York
State to partner with the Center for Patient Safety (CPS) to increase
Emergency Medical Service (EMS) learning, improve patient care, cost
savings and efficiencies in the field to mitigate risk; and
WHEREAS, On March 31, 2015, CES and East Bloomfield Ambulance Service
merged, creating the East Bloomfield Volunteer Ambulance Division of CES
and expanding its primary operating territory; and
WHEREAS, Currently, CES is led by a dynamic and steadfast leadership
team, including Chief, Ken Beers; Board Chairperson, Chris O'Donnell;
Senior Vice President, Rocco Pietropaolo; Secretary, Steve LaCrosse; as
well as Board Members, Kevin Bragg, Joseph Luna, Kevin Henderson, Micha-
el Riccio, Dan Speers, Karl Nelson, Kathryn Herrick, and Doug Finch; and
WHEREAS, Access to quality emergency care dramatically improves the
survival and recovery rate of those who experience sudden illness or
injury; throughout the 75-year history of CES, the members have worked
tirelessly to bring the best quality of care to the residents of Canan-
daigua, New York, and its surrounding communities; and
WHEREAS, CES has proudly provided Emergency Medical Services to the
community for 75 years; from the days of simple First Aid in the back of
an ambulance to the most modern sophistication of today's Advanced Life
Support, this extraordinary organization responds to calls for EMS
assistance whenever needed; and
WHEREAS, All members of CES, past and present, merit the highest
commendation for their contributions to the noble missions of this life-
saving organization; and

WHEREAS, It is the sense of this Legislative Body that those organiza-
tions which enhance the well-being and vitality of their community and
have shown a long and sustained commitment to excellence certainly have
earned the recognition and applause of all the citizens of this great
Empire State; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
commend the Canandaigua Emergency Squad upon the occasion of celebrating
its 75th Anniversary; and be it further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to Chief Ken Beers, Canandaigua Emergency Squad.

actions

  • 12 / May / 2015
    • ADOPTED

Resolution Details

Law Section:
Resolutions, Legislative

K505

Commemorating the 200th Anniversary of the birth of Elizabeth Cady Stanton

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text

K505


LEGISLATIVE RESOLUTION commemorating the 200th Anniversary of the birth
of Elizabeth Cady Stanton

WHEREAS, November 12, 2015, marks the Bicentennial of the birth of
Elizabeth Cady Stanton, one of the founders and leading voices of the
women's rights movement; and
WHEREAS, Elizabeth Cady Stanton was born on November 12, 1815 in
Johnstown, New York, to Daniel Cady and Margaret Livingston Cady; her
father was a prominent attorney who also served as a State Legislator,
Congressman and Judge; and
WHEREAS, She was educated at the Johnstown Academy and at the Troy
Female Seminary, which had been established by Emma Willard; and
WHEREAS, In 1840, she married Henry Stanton, a reformer and abolition-
ist, and together they had seven children; and
WHEREAS, Through her personal experiences, and through observation of
her father's law practice, she became aware of the inequities and injus-
tices faced by women, leading to her lifelong efforts for women's
rights; and
WHEREAS, She circulated petitions and advocated in New York State for
passage of the Married Woman's Property Bill, which was signed into law
in 1848; and
WHEREAS, Her family moved to Seneca Falls, New York, in 1847; working
with four other women, including Lucretia Mott, Elizabeth Cady Stanton
organized the first Women's Rights Convention, which was held in Seneca
Falls in July 1848; she is credited with being one of the primary
authors of the Convention's Declaration of Sentiments, which was modeled
after the Declaration of Independence, and is considered to be a found-
ing document of the woman's suffrage movement; and
WHEREAS, In 1851, Elizabeth Cady Stanton met Susan B. Anthony, which
began a long friendship and partnership in the fight for women's equal-
ity; and
WHEREAS, Elizabeth Cady Stanton participated in the abolition movement
and the temperance movement, but was most active in, and best known for,
her efforts on behalf of a wide range of women's rights, especially the
right to vote; and
WHEREAS, Although she died on October 25, 1902, Elizabeth Cady
Stanton's lifelong efforts laid the groundwork for the ratification in
1920 of the Nineteenth Amendment to the U.S. Constitution, which gave
women the right to vote; and
WHEREAS, Several historical markers have been erected in her hometown
of Johnstown to honor her efforts and legacy; local residents have also
established the Elizabeth Cady Stanton Women's Consortium in 2006, and
the Elizabeth Cady Stanton Hometown Association in 2008; and
WHEREAS, The City of Johnstown and the County of Fulton are very proud
of the accomplishments and legacy of Elizabeth Cady Stanton, and several
local organizations are holding special events in 2015 in honor of the
200th Anniversary of her birth; and
WHEREAS, This Bicentennial is also being observed and celebrated by
the National Park Service, which operates the Women's Rights National
Historical Park in Seneca Falls, and provides tours of the house in
which she lived from 1847 to 1862; and
WHEREAS, In 1973, she was part of the first group of women inducted
into the National Women's Hall of Fame; her biographical entry notes
that she is "Widely credited as one of the founding geniuses of the
women's rights movement"; and

WHEREAS, In recognition of her contributions and achievements, the New
York State Legislature passed a law in 2006 which designated November
12th to be Elizabeth Cady Stanton Day; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
commemorate the 200th Anniversary of the birth of Elizabeth Cady Stanton
of Johnstown, New York, and to acknowledge and celebrate her dedication
and accomplishments in the cause of women's rights; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to the Elizabeth Cady Stanton Women's Consortium, the Elizabeth
Cady Stanton Hometown Association, and the City of Johnstown.

actions

  • 12 / May / 2015
    • ADOPTED

Resolution Details

Law Section:
Resolutions, Legislative

assembly Bill A3463

2015-2016 Legislative Session

Relates to prohibiting the installation of a starter interrupt device on certain motor vehicles

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to consumer affairs and protection
Jan 23, 2015 referred to consumer affairs and protection

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

A3463 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add Art 11-C §§199-o - 199-t, Gen Bus L

A3463 - Bill Texts

view summary

Relates to prohibiting the installation of a starter interrupt device on certain motor vehicles.

view full text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3463

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2015
                               ___________

Introduced  by  M. of A. GUNTHER, GOTTFRIED, ABINANTI, BENEDETTO, GALEF,
  ENGLEBRIGHT, OTIS, JAFFEE, McDONOUGH, TENNEY -- Multi-Sponsored by  --
  M.  of  A.  CERETTO,  MAGEE, MAYER, SKARTADOS, TITONE -- read once and
  referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to the prohibition
  of the installation of starter interrupt devices on  certain  new  and
  used motor vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
11-C to read as follows:
                               ARTICLE 11-C
            STARTER INTERRUPT DEVICE INSTALLATION PROHIBITED
SECTION 199-O. DEFINITIONS.
        199-P. VIOLATIONS.
        199-Q. EXCEPTIONS.
        199-R. CIVIL PENALTY.
        199-S. RULES AND REGULATIONS.
        199-T. ENFORCEMENT BY ATTORNEY GENERAL.
  S 199-O. DEFINITIONS. THE FOLLOWING TERMS WHEN USED IN  THIS  ARTICLE,
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
AND TRAFFIC LAW.
  2. "MOTOR VEHICLE" AS DEFINED IN SECTION ONE  HUNDRED  TWENTY-FIVE  OF
THE  VEHICLE  AND TRAFFIC LAW AND EXCLUDING CLASS A, B AND C LIMITED USE
MOTORCYCLES AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE  VEHI-
CLE AND TRAFFIC LAW.
  3. "STARTER INTERRUPT DEVICE" SHALL MEAN A DEVICE WHICH TRACKS A MOTOR
VEHICLE  PURCHASER'S OR LESSEE'S SCHEDULED PAYMENTS UNDER A FINANCING OR
LEASE AGREEMENT AND PREVENTS THE VEHICLE FROM STARTING  IF  A  SCHEDULED
PAYMENT  IS  NOT RECEIVED BY ITS DUE DATE OR WITHIN ANY APPLICABLE GRACE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03253-01-5

A. 3463                             2

PERIOD. SUCH DEVICE TYPICALLY REQUIRES THE CONSUMER TO ENTER A CODE  FOR
EACH  PAYMENT  PERIOD  IN  ORDER TO CONTINUE OPERATING THE VEHICLE.  THE
CONSUMER RECEIVES THE PAYMENT CODES  THAT  WILL  ALLOW  THE  VEHICLE  TO
CONTINUE  TO  START  FROM  THE  CREDITOR  WHEN PAYMENT IS TENDERED. SUCH
DEVICE MAY INCLUDE A GLOBAL POSITIONING SYSTEM (GPS) TRACKING  CAPABILI-
TY.
  S  199-P.  VIOLATIONS.  NO  NEW OR USED MOTOR VEHICLE DEALER OR LENDER
SHALL BE PERMITTED TO INSTALL A STARTER  INTERRUPT  DEVICE  ON  A  MOTOR
VEHICLE PURCHASER'S OR LESSEE'S MOTOR VEHICLE.
  S  199-Q.  EXCEPTIONS.  THE PROVISIONS THIS ARTICLE SHALL NOT APPLY TO
ANY RENTAL VEHICLE COMPANY AS DEFINED IN PARAGRAPH  (C)  OF  SUBDIVISION
ONE OF SECTION THREE HUNDRED NINETY-SIX-Z OF THIS CHAPTER.
  S  199-R.  CIVIL PENALTY. A KNOWING VIOLATION OF THIS SECTION SHALL BE
PUNISHABLE BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS.
  S 199-S. RULES AND REGULATIONS. THE COMMISSIONER OF THE DEPARTMENT  OF
MOTOR  VEHICLES, IN CONJUNCTION WITH THE ATTORNEY GENERAL, SHALL PROMUL-
GATE SUCH RULES AND REGULATIONS AS SHALL BE NECESSARY TO  IMPLEMENT  THE
PROVISIONS OF THIS ARTICLE.
  S  199-T.  ENFORCEMENT  BY ATTORNEY GENERAL. WHENEVER THERE SHALL BE A
VIOLATION OF THIS ARTICLE, AN APPLICATION MAY BE MADE  BY  THE  ATTORNEY
GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF
COMPETENT  JURISDICTION  BY A SPECIAL PROCEEDING FOR THE IMPOSITION OF A
FINE AND THE ISSUANCE OF AN INJUNCTION AGAINST  ANY  VIOLATION  OF  THIS
ARTICLE, UPON NOTICE TO THE RENTAL VEHICLE COMPANY OF NOT LESS THAN FIVE
DAYS,  TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF
IT SHALL APPEAR TO THE SATISFACTION OF THE COURT  OR  JUSTICE  THAT  THE
DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE
ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER
VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE
ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE LAW AND RULES, AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL
DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT SHALL
IMPOSE  A  CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH
VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE  ATTOR-
NEY  GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
RELEVANT FACT AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRAC-
TICE LAW AND RULES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

assembly Bill A1258

2015-2016 Legislative Session

Limits that provision permitting the commissioner of motor vehicles to suspend the license or registration of a person whose check is dishonored

download bill text pdf

Sponsored By

Current Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 26, 2016 referred to transportation
delivered to senate
passed assembly
Jan 06, 2016 ordered to third reading cal.61
returned to assembly
died in senate
May 12, 2015 referred to transportation
delivered to senate
passed assembly
May 07, 2015 advanced to third reading cal.287
May 05, 2015 reported
Jan 08, 2015 referred to transportation

A1258 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §202-b, V & T L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A1615A
2011-2012: A1345
2009-2010: A967

A1258 - Bill Texts

view summary

Limits the provision permitting the commissioner of motor vehicles to suspend the license or registration of a person whose check is dishonored after presented to such commissioner for payment.

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download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1258

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  dishonored
  check fees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 202-b of the vehicle and traffic law, as amended by
chapter 236 of the laws of 2013, is amended to read as follows:
  S 202-b. Penalties for submission of dishonored checks and credit card
payments. (a) A thirty-five dollar penalty fee shall be charged  to  any
person who has submitted a check to the commissioner or his or her agent
as  payment for any license, permit or registration or any other type of
fee for any type of transaction as required by  this  chapter  and  such
check  has  been  dishonored.  Such  thirty-five dollar penalty shall be
added to the amount due to the commissioner. In addition,  [any  or  all
licenses,  permits or registrations] THE LICENSE, PERMIT OR REGISTRATION
issued in the name of such person FOR WHICH SUCH CHECK WAS SUBMITTED may
be suspended [and, if a suspension has been  issued,  any  other  trans-
action  in the name of such person with this department may be prohibit-
ed] until full satisfaction of the amount due to  the  commissioner  and
the  thirty-five dollar penalty fee is paid to the commissioner. No such
suspension shall be issued until thirty days after notification that the
check has been dishonored is mailed to such person. If  satisfaction  is
made  within  thirty days from the date of mailing of such notification,
no suspension shall be issued. (b) In any case where a person has made a
credit card payment to the commissioner or his or her agent  as  payment
for any license, permit or registration or any other type of fee for any
type  of  transaction  as required by this chapter, and such credit card
payment is contested and is not honored by the credit card company,  any
other  transaction in the name of such person with the department may be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03023-01-5

A. 1258                             2

prohibited, upon at least thirty days notice, until full satisfaction of
the amount due to the commissioner has been paid.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

assembly Bill A6198

2015-2016 Legislative Session

Relates to allowing Charles McDonough to file a request for Tier II status in the New York state and local employees' retirement system

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Sponsored By

Current Bill Status - STRICKEN


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 12, 2015 enacting clause stricken
Mar 17, 2015 referred to governmental employees

A6198 - Bill Details

See Senate Version of this Bill:
S4295
Current Committee:
Law Section:
Retirement

A6198 - Bill Texts

view summary

Relates to allowing Charles McDonough to file a request for Tier II status in the New York state and local employees' retirement system based upon employment with the state of New York at Beaver Island state park.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6198

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2015
                               ___________

Introduced  by M. of A. CERETTO -- read once and referred to the Commit-
  tee on Governmental Employees

AN ACT in relation to allowing Charles McDonough to file a  request  for
  Tier  II  status in the New York state and local employees' retirement
  system

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Notwithstanding any other provision of law, Charles McDo-
nough, who has been employed by the Town of Grand Island  since  October
29,  1979,  who  is  a  Tier  III member of the New York state and local
employees' retirement system, and who was  employed  by  the  office  of
parks,  recreation  and historic preservation at the Beaver Island state
park in Erie County for the period beginning June 24,  1975  and  ending
November  1975;  and  who,  for reasons not ascribable to his own negli-
gence, did not become a member of the New York state and  local  employ-
ees'  retirement  system  at  the time of his hiring, shall be deemed to
have become a member of such system as of June 24, 1975 entitling him to
Tier II status with every right, benefit and privilege which would  have
been  available to him on such date if, within one year of the effective
date of this act, he shall file a written request to  that  effect  with
the state comptroller. Upon the granting of such retroactive membership,
Charles  McDonough  shall  be  granted a refund of any employee contrib-
utions made by him to the New York state and local employees' retirement
system.
  S 2. All past service costs associated with the implementation of this
act shall be borne by the state of New York.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will grant Tier 2 status in the New  York  State  and  Local
Employees'  Retirement  System  to  Charles  McDonough, a current Tier 3
member employed by the town of Grand Island, by  changing  his  date  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09462-03-5

A. 6198                             2

membership  to  June  24,  1975,  his  first date of employment with the
office of parks, recreation and  historic  preservation  at  the  Beaver
Island  State  park  in  Erie  County.  There will be a refund of member
contributions.
  If this legislation is enacted during the 2015 legislative session, we
anticipate that there will be an increase of approximately $2,740 in the
annual  contributions  of  the  town of Grand Island for the fiscal year
ending March 31, 2016. In future years, this cost will vary as the bill-
ing rates and salary of Charles McDonough change.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $103,000 which  will  be
borne  by the State of New York. The estimate is based on the assumption
that payment will be made on March 1, 2016.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012, 2013 and 2014 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of  the  State  of  New
York: Audit and Control.
  The Market assets and GASB Disclosures are found in the March 31, 2014
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated March 3, 2015, and intended for use  only  during
the 2015 Legislative Session, is Fiscal Note No. 2015-78 prepared by the
Actuary for the New York State and Local Employees' Retirement System.

assembly Bill A7103

2015-2016 Legislative Session

Creates the "New York state transportation infrastructure financing authority act of 2015"

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to corporations, authorities and commissions
Apr 23, 2015 referred to corporations, authorities and commissions

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

A7103 - Bill Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Add Art 10-D Title 4 §§3975 - 3989, Pub Auth L; add §284-f, amd §601, Tax L

A7103 - Bill Texts

view summary

Creates the "New York state transportation infrastructure financing authority act of 2015".

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7103

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2015
                               ___________

Introduced  by M. of A. BRENNAN, COOK, ABINANTI, SIMOTAS, SIMON, JAFFEE,
  MAGNARELLI, MOSLEY, ORTIZ, PERRY, SILVER, STECK -- Multi-Sponsored  by
  --  M. of A. ABBATE, GLICK, LENTOL, MAGEE -- read once and referred to
  the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law and the tax law, in  relation
  to creating the New York state transportation infrastructure financing
  authority act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 10-D of the public authorities law  is  amended  by
adding a new title 4 to read as follows:
                                 TITLE 4
                      NEW YORK STATE TRANSPORTATION
                   INFRASTRUCTURE FINANCING AUTHORITY
SECTION 3975. SHORT TITLE.
        3976. DEFINITIONS.
        3977. NEW  YORK  STATE  TRANSPORTATION  INFRASTRUCTURE FINANCING
                AUTHORITY.
        3978. ADMINISTRATION OF THE AUTHORITY.
        3979. GENERAL POWERS OF THE AUTHORITY.
        3980. BONDS OF THE AUTHORITY.
        3981. MONEYS OF THE AUTHORITY.
        3982. USE OF BOND PROCEEDS.
        3983. AGREEMENT WITH STATE.
        3984. BONDS AS LEGAL INVESTMENTS.
        3985. EXEMPTION FROM TAXATION.
        3986. AUDITS.
        3987. REMEDIES OF BONDHOLDERS.
        3988. ASSISTANCE BY  STATE  OFFICERS,  DEPARTMENTS,  BOARDS  AND
                COMMISSIONS.
        3989. APPLICABILITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09698-04-5

A. 7103                             2

  S 3975. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
"NEW YORK STATE TRANSPORTATION INFRASTRUCTURE FINANCING AUTHORITY ACT OF
2015".
  S  3976.  DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS TITLE, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
  1.  "AUTHORITY"  OR  "NEW  YORK  STATE  TRANSPORTATION  INFRASTRUCTURE
FINANCING  AUTHORITY"  MEANS  THE  PUBLIC BENEFIT CORPORATION CREATED BY
THIS TITLE.
  2. "BONDS" MEANS BONDS, NOTES AND  OTHER  EVIDENCES  OF  INDEBTEDNESS,
ISSUED BY THE AUTHORITY.
  3. "COMPTROLLER" MEANS THE COMPTROLLER OF THE STATE OF NEW YORK.
  4. "DOT" MEANS THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION.
  5.  "MTA"  MEANS THE METROPOLITAN TRANSPORTATION AUTHORITY ESTABLISHED
PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER.
  6. "PROJECT CAPITAL COSTS" OR "COSTS" MEANS COSTS  PROVIDING  FOR  THE
CONSTRUCTION,  RECONSTRUCTION,  ACQUISITION  OR INSTALLATION OF PHYSICAL
PUBLIC BETTERMENTS OR IMPROVEMENTS; OR  THE  COSTS  OF  ANY  PRELIMINARY
STUDIES,  APPRAISALS,  SURVEYS,  MAPS, PLANS, ESTIMATES AND HEARINGS; OR
COSTS FOR THE PREPARATION OF DESIGNS, SPECIFICATIONS, TESTING AND  ENVI-
RONMENTAL  IMPACT  STATEMENTS;  OR  COSTS  OF ENGINEERING; OR INCIDENTAL
COSTS, INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, PRINTING OR ENGRAVING,
PUBLICATION OF NOTICES, TAKING OF TITLE,  APPORTIONMENT  OF  COSTS,  AND
INTEREST  DURING  CONSTRUCTION;  OR  ANY  UNDERWRITING  OR  OTHER  COSTS
INCURRED IN CONNECTION WITH THE FINANCING THEREOF.
  7. "REVENUES" MEANS THE TAX REVENUES AND ALL AID, RENTS, FEES,  CHARG-
ES, PAYMENTS AND THE INCOME AND RECEIPTS PAID OR PAYABLE TO THE AUTHORI-
TY.
  8. "STATE" MEANS THE STATE OF NEW YORK.
  9.  "TAX  REVENUES"  MEANS  THE TAXES PAID OR PAYABLE TO THE AUTHORITY
PURSUANT TO SECTION THIRTY-NINE HUNDRED EIGHTY-ONE  OF  THIS  TITLE  AND
SUCH  OTHER  REVENUES  AS  THE  AUTHORITY MAY DERIVE DIRECTLY FROM TAXES
IMPOSED AND COLLECTED BY THE STATE.
  S 3977. NEW YORK STATE TRANSPORTATION INFRASTRUCTURE FINANCING AUTHOR-
ITY. 1. THERE IS  HEREBY  CREATED  THE  NEW  YORK  STATE  TRANSPORTATION
INFRASTRUCTURE  FINANCING  AUTHORITY. THE AUTHORITY SHALL BE A CORPORATE
GOVERNMENTAL AGENCY CONSTITUTING A PUBLIC  BENEFIT  CORPORATION  AND  AN
INSTRUMENTALITY OF THE STATE.
  2.  IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, THE AUTHORITY MAY
ONLY FINANCE COSTS, INCLUDING THE  REFUNDING  OF  BONDS  ISSUED  BY  THE
AUTHORITY TO FINANCE COSTS, AND FUND RESERVES TO SECURE SUCH BONDS.
  3.  THE  AUTHORITY  SHALL CONTINUE UNTIL ALL ITS LIABILITIES HAVE BEEN
MET OR OTHERWISE DISCHARGED. UPON THE TERMINATION OF  THE  EXISTENCE  OF
THE AUTHORITY, ALL OF ITS RIGHTS AND PROPERTY SHALL PASS TO AND BE VEST-
ED IN THE STATE.
  S  3978.  ADMINISTRATION  OF  THE AUTHORITY. 1. THE AUTHORITY SHALL BE
ADMINISTERED BY SEVEN DIRECTORS: FIVE VOTING MEMBERS CONSISTING  OF  THE
DIRECTOR  OF  THE  BUDGET,  THE  COMMISSIONER OF TRANSPORTATION, AND ONE
MEMBER EACH APPOINTED BY THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY,  THE
TEMPORARY  PRESIDENT OF THE SENATE; AND TWO NON-VOTING MEMBERS, ONE EACH
APPOINTED BY THE MINORITY LEADERS OF THE ASSEMBLY AND THE SENATE.
  2. THE MEMBERS OF THE BOARD SHALL APPOINT  ONE  OF  THE  DIRECTORS  TO
SERVE  AS  CHAIRPERSON  OF  THE AUTHORITY. THE CHAIRPERSON SHALL PRESIDE
OVER ALL MEETINGS OF THE DIRECTORS AND SHALL HAVE SUCH OTHER  DUTIES  AS
MAY BE FIXED BY THE DIRECTORS.
  3.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ORDINANCE, RESOLUTION OR CHARTER, NO  OFFICER,  MEMBER  OR

A. 7103                             3

EMPLOYEE  OF  THE  STATE OF NEW YORK, ANY CITY, COUNTY, TOWN OR VILLAGE,
ANY GOVERNMENTAL ENTITY OPERATING ANY  PUBLIC  SCHOOL  OR  COLLEGE,  ANY
SCHOOL  DISTRICT  OR  ANY  OTHER  PUBLIC AGENCY OR INSTRUMENTALITY WHICH
EXERCISES GOVERNMENTAL POWERS UNDER THE LAWS OF THE STATE, SHALL FORFEIT
HIS  OR  HER  OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER ACCEPTANCE OF
APPOINTMENT AS A DIRECTOR OF THE AUTHORITY, NOR SHALL  SERVICE  AS  SUCH
DIRECTOR  BE  DEEMED  INCOMPATIBLE  OR  IN  CONFLICT WITH SUCH OFFICE OR
EMPLOYMENT.
  4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  CHAPTER,  FIVE
DIRECTORS  SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS
OR THE EXERCISE OF ANY POWER OF THE AUTHORITY. NO ACTION SHALL BE  TAKEN
BY  THE  AUTHORITY  EXCEPT PURSUANT TO A FAVORABLE VOTE OF AT LEAST FIVE
DIRECTORS PRESENT AT A MEETING AT WHICH SUCH ACTION IS TAKEN. ANY DIREC-
TOR MAY, BY WRITTEN INSTRUMENT, FILED WITH AND APPROVED AS  TO  FORM  BY
THE AUTHORITY, DESIGNATE AN ALTERNATE TO PERFORM, IN THE ABSENCE OF SUCH
DIRECTOR,  HIS  OR  HER  DUTIES UNDER THIS TITLE. THE TERM "DIRECTOR" AS
USED IN THIS TITLE SHALL INCLUDE SUCH ALTERNATES, EXCEPT THAT NO  ALTER-
NATE MAY DESIGNATE AN ALTERNATE PURSUANT TO THIS SUBDIVISION. THE DESIG-
NATION  OF  SUCH ALTERNATES SHALL BE DEEMED TEMPORARY ONLY AND SHALL NOT
AFFECT THE CIVIL SERVICE OR RETIREMENT RIGHTS OF ANY PERSONS  SO  DESIG-
NATED.
  5.  THE  AUTHORITY SHALL APPOINT A TREASURER AND MAY APPOINT OR EMPLOY
OFFICERS, EMPLOYEES OR AGENTS AS IT  MAY  REQUIRE  AND  PRESCRIBE  THEIR
DUTIES.
  6.  THE  DIRECTORS SHALL NOT BE PAID A SALARY, BUT SHALL BE REIMBURSED
OR PAID FOR ALL ACTUAL AND NECESSARY EXPENSES INCURRED IN THE  DISCHARGE
OF THEIR DUTIES.
  S  3979.  GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE LIMITED
BY THIS TITLE, THE AUTHORITY SHALL HAVE THE FOLLOWING POWERS IN ADDITION
TO THOSE SPECIALLY CONFERRED ELSEWHERE IN THIS TITLE,  SUBJECT  ONLY  TO
AGREEMENTS WITH BONDHOLDERS:
  1. TO SUE AND BE SUED;
  2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  3.  TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND MANAGEMENT AND,
SUBJECT TO AGREEMENTS WITH ITS BONDHOLDERS, TO MAKE AND ALTER RULES  AND
REGULATIONS  GOVERNING THE EXERCISE OF ITS POWERS AND FULFILLMENT OF ITS
PURPOSES UNDER THIS TITLE;
  4. TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS  OR  AGREE-
MENTS  NECESSARY  OR  CONVENIENT  TO  CARRY OUT ANY POWERS AND FUNCTIONS
EXPRESSLY GIVEN IN THIS TITLE;
  5. TO COMMENCE ANY ACTION TO PROTECT OR ENFORCE  ANY  RIGHT  CONFERRED
UPON IT BY ANY LAW, CONTRACT OR OTHER AGREEMENT;
  6.  TO  BORROW  MONEY  AND  ISSUE BONDS, OR TO REFUND THE SAME, AND TO
PROVIDE FOR THE RIGHTS OF THE HOLDERS OF ITS OBLIGATIONS;
  7. TO ACCEPT GIFTS, GRANTS, LOANS OR CONTRIBUTIONS OF FUNDS OR  FINAN-
CIAL OR OTHER AID IN ANY FORM FROM THE CITY, STATE OR FEDERAL GOVERNMENT
OR  ANY  AGENCY OR INSTRUMENTALITY THEREOF, OR FROM ANY OTHER SOURCE AND
FOR ANY OF ITS CORPORATE PURPOSES IN ACCORDANCE WITH THE  PROVISIONS  OF
THIS TITLE;
  8. TO INVEST ANY FUNDS HELD IN RESERVES OR SINKING FUNDS, OR ANY FUNDS
NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE
AUTHORITY;
  9.  TO  PLEDGE  ALL  OR  ANY  PART OF ITS REVENUES AS SECURITY FOR THE
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON ANY BONDS SO ISSUED AND  ANY
AGREEMENTS MADE IN CONNECTION THEREWITH;

A. 7103                             4

  10.  TO  APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY REQUIRE FOR THE
PERFORMANCE OF ITS DUTIES AND TO FIX AND DETERMINE THEIR QUALIFICATIONS,
DUTIES, AND COMPENSATION; AND TO RETAIN OR EMPLOY COUNSEL, AUDITORS  AND
PRIVATE  FINANCIAL  CONSULTANTS  ON  A  CONTRACT  BASIS OR OTHERWISE FOR
RENDERING PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE; AND
  11.  TO DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS
PURPOSES AND EXERCISE THE POWERS EXPRESSLY GIVEN  AND  GRANTED  IN  THIS
TITLE  PROVIDED,  HOWEVER,  SUCH  AUTHORITY SHALL UNDER NO CIRCUMSTANCES
ACQUIRE, HOLD OR TRANSFER TITLE TO, LEASE, OWN  BENEFICIALLY  OR  OTHER-
WISE,  MANAGE, OPERATE OR OTHERWISE EXERCISE CONTROL OVER ANY REAL PROP-
ERTY, ANY IMPROVEMENT TO REAL PROPERTY OR  ANY  INTEREST  THEREIN  OTHER
THAN  A  LEASE  OF  OFFICE  SPACE  DEEMED  NECESSARY OR DESIRABLE BY THE
AUTHORITY.
  S 3980. BONDS OF THE AUTHORITY. 1. THE AUTHORITY SHALL HAVE THE  POWER
AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE BONDS, IN CONFORMITY
WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE, IN SUCH PRIN-
CIPAL  AMOUNTS  AS  IT  MAY DETERMINE TO BE NECESSARY, NOT TO EXCEED THE
PRINCIPAL AGGREGATE AMOUNT OF TWENTY BILLION  DOLLARS.    THE  AUTHORITY
SHALL  HAVE  THE  POWER  FROM  TIME  TO  TIME TO REFUND ANY BONDS OF THE
AUTHORITY BY THE ISSUANCE OF NEW BONDS WHETHER THE BONDS TO BE  REFUNDED
HAVE  OR HAVE NOT MATURED, AND MAY ISSUE BONDS PARTLY TO REFUND BONDS OF
THE AUTHORITY THEN OUTSTANDING. BONDS ISSUED BY THE AUTHORITY  SHALL  BE
PAYABLE  SOLELY  OUT  OF  THE  SPECIFIC  REVENUES OR OTHER MONEYS OF THE
AUTHORITY AS MAY BE DESIGNATED IN THE PROCEEDINGS OF THE AUTHORITY UNDER
WHICH THE BONDS SHALL BE AUTHORIZED TO BE ISSUED,  AND  SUBJECT  TO  ANY
AGREEMENTS WITH THE HOLDERS OF OUTSTANDING BONDS PLEDGING ANY PARTICULAR
REVENUES OR MONEYS.
  2.  SUCH  BONDS  SHALL  BE  AUTHORIZED BY RESOLUTION OF THE AUTHORITY,
SHALL BEAR SUCH DATE AND SHALL MATURE AT SUCH  TIME  OR  TIMES  AS  SUCH
RESOLUTION  MAY PROVIDE.   THE BONDS MAY BE ISSUED AS SERIAL BONDS OR AS
TERM BONDS OR AS A COMBINATION THEREOF.  THE BONDS SHALL  BEAR  INTEREST
AT SUCH RATE OR RATES, BE IN SUCH DENOMINATIONS AND IN SUCH FORM, EITHER
COUPON OR REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN
SUCH  MANNER,  BE  PAYABLE  IN  SUCH MEDIUM OF PAYMENT, AT SUCH PLACE OR
PLACES AND BE SUBJECT TO SUCH TERMS OF REDEMPTION AS SUCH RESOLUTION MAY
PROVIDE.
  3. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING BONDS  OR  ANY  ISSUE  OF
BONDS  MAY  CONTAIN  PROVISIONS WHICH MAY BE A PART OF THE CONTRACT WITH
THE HOLDERS OF THE BONDS THEREBY AUTHORIZED AS TO:
  (A) PLEDGING ALL OR PART OF ITS  REVENUES,  TOGETHER  WITH  ANY  OTHER
MONEYS,  SECURITIES  OR  CONTRACTS,  TO SECURE THE PAYMENT OF THE BONDS,
SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY THEN EXIST;
  (B) THE SETTING ASIDE OF RESERVES AND THE CREATION  OF  SINKING  FUNDS
AND THE REGULATION AND DISPOSITION THEREOF;
  (C)  LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS FROM THE SALE OF
BONDS MAY BE APPLIED;
  (D) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS,  THE  TERMS  UPON
WHICH  ADDITIONAL  BONDS  MAY BE ISSUED AND SECURED AND THE REFUNDING OF
BONDS;
  (E) THE PROCEDURE, IF ANY, BY WHICH THE TERMS  OF  ANY  CONTRACT  WITH
BONDHOLDERS  MAY  BE  AMENDED  OR ABROGATED, INCLUDING THE PROPORTION OF
BONDHOLDERS WHICH MUST CONSENT THERETO AND  THE  MANNER  IN  WHICH  SUCH
CONSENT MAY BE GIVEN; AND
  (F)  DEFINING  THE  ACTS  OR  OMISSIONS  TO ACT WHICH MAY CONSTITUTE A
DEFAULT IN THE OBLIGATIONS AND DUTIES OF THE AUTHORITY TO THE  BONDHOLD-
ERS  AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE BONDHOLDERS IN THE

A. 7103                             5

EVENT OF SUCH DEFAULT, INCLUDING AS A MATTER OF RIGHT THE APPOINTMENT OF
A RECEIVER; PROVIDED, HOWEVER, THAT SUCH RIGHTS AND REMEDIES  SHALL  NOT
BE  INCONSISTENT WITH THE GENERAL LAWS OF THE STATE AND OTHER PROVISIONS
OF THIS TITLE.
  4.  IN  ADDITION  TO THE POWERS HEREIN CONFERRED UPON THE AUTHORITY TO
SECURE ITS BONDS, THE AUTHORITY SHALL HAVE POWER IN CONNECTION WITH  THE
ISSUANCE  OF  BONDS TO ENTER INTO SUCH AGREEMENTS FOR THE BENEFIT OF THE
BONDHOLDERS AS THE AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE
CONCERNING THE USE OR DISPOSITION  OF  ITS  REVENUES  OR  OTHER  MONEYS,
INCLUDING  THE  ENTRUSTING,  PLEDGING  OR CREATION OF ANY OTHER SECURITY
INTEREST IN ANY SUCH REVENUES, MONEYS AND THE DOING OF ANY ACT,  INCLUD-
ING  REFRAINING  FROM  DOING ANY ACT, WHICH THE AUTHORITY WOULD HAVE THE
RIGHT TO DO IN THE ABSENCE OF SUCH AGREEMENTS. THE AUTHORITY SHALL  HAVE
POWER  TO ENTER INTO AMENDMENTS OF ANY SUCH AGREEMENTS WITHIN THE POWERS
GRANTED TO THE AUTHORITY BY THIS TITLE AND TO PERFORM  SUCH  AGREEMENTS.
THE PROVISIONS OF ANY SUCH AGREEMENTS MAY BE MADE A PART OF THE CONTRACT
WITH THE HOLDERS OF BONDS OF THE AUTHORITY.
  5.  THE  AUTHORITY SHALL HAVE POWER TO CONTRACT WITH HOLDERS OF ANY OF
ITS BONDS AS TO  THE  CUSTODY,  COLLECTION,  SECURING,  INVESTMENT,  AND
PAYMENT  OF  ANY MONEYS OF THE AUTHORITY, OF ANY MONEYS HELD IN TRUST OR
OTHERWISE FOR THE PAYMENT OF BONDS, AND  TO  CARRY  OUT  SUCH  CONTRACT.
MONEYS HELD IN TRUST OR OTHERWISE FOR THE PAYMENT OF BONDS OR IN ANY WAY
TO  SECURE  BONDS OR NOTES AND DEPOSITS OF SUCH MONEYS MAY BE SECURED IN
THE SAME MANNER AS MONEYS OF THE AUTHORITY,  AND  ALL  BANKS  AND  TRUST
COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR SUCH DEPOSITS.
  6.  WHETHER  OR  NOT  THE  BONDS OF THE AUTHORITY ARE OF SUCH FORM AND
CHARACTER AS TO BE NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM
COMMERCIAL CODE, THE BONDS ARE HEREBY MADE NEGOTIABLE INSTRUMENTS WITHIN
THE MEANING OF AND FOR ALL THE PURPOSES OF THE UNIFORM COMMERCIAL  CODE,
SUBJECT ONLY TO THE PROVISIONS OF THE BONDS FOR REGISTRATION.
  7.  NEITHER  THE  DIRECTORS  OF THE AUTHORITY NOR ANY PERSON EXECUTING
BONDS SHALL BE LIABLE PERSONALLY THEREON OR BE SUBJECT TO  ANY  PERSONAL
LIABILITY  OR  ACCOUNTABILITY  SOLELY BY REASON OF THE ISSUANCE THEREOF.
THE BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY SHALL NOT BE A  DEBT  OF
THE  STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE
PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE OF  THE  AUTHORITY;  AND  SUCH
BONDS SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT.
  8.  THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS THEN
MAY EXIST, SHALL HAVE POWER TO PURCHASE BONDS OF THE  AUTHORITY  OUT  OF
ANY MONEYS AVAILABLE THEREFOR, WHICH SHALL THEREUPON BE CANCELLED.
  S  3981. MONEYS OF THE AUTHORITY. 1. SUBJECT TO THE PROVISIONS OF THIS
TITLE, THE DIRECTORS OF THE AUTHORITY  SHALL  RECEIVE,  ACCEPT,  INVEST,
ADMINISTER,  EXPEND AND DISBURSE FOR ITS CORPORATE PURPOSES ALL MONEY OF
THE AUTHORITY FROM WHATEVER SOURCES DERIVED INCLUDING  (A)  PAYMENTS  BY
THE  COMMISSIONER OF TAXATION AND FINANCE OR THE COMPTROLLER PURSUANT TO
THIS TITLE; (B) THE PROCEEDS OF BONDS; (C)  THE  REVENUES  DESCRIBED  IN
SUBDIVISION  SIX  OF THIS SECTION; AND (D) ANY OTHER PAYMENTS, GIFTS, OR
APPROPRIATIONS TO THE AUTHORITY FROM ANY OTHER SOURCE.
  2. SUBJECT TO THE PROVISIONS OF ANY CONTRACT WITH BONDHOLDERS,
  (A) THE MONEY OF THE AUTHORITY SHALL BE  PAID  TO  THE  AUTHORITY  AND
SHALL NOT BE COMMINGLED WITH ANY OTHER MONEY, AND
  (B)  ALL  MONEY  RECEIVED  BY THE AUTHORITY WHICH, TOGETHER WITH OTHER
MONEY OF THE AUTHORITY AVAILABLE  FOR  THE  OPERATING  EXPENSES  OF  THE
AUTHORITY,  THE  PAYMENT  OF DEBT SERVICE AND PAYMENTS TO RESERVE FUNDS,
EXCEEDS THE AMOUNT REQUIRED FOR SUCH PURPOSES SHALL  BE  TRANSFERRED  TO
THE STATE.

A. 7103                             6

  3.  THE  MONEY IN ANY OF THE AUTHORITY'S ACCOUNTS SHALL BE PAID OUT ON
CHECKS SIGNED BY THE TREASURER, OR BY OTHER LAWFUL AND APPROPRIATE MEANS
SUCH AS WIRE OR ELECTRONIC TRANSFER, ON REQUISITIONS OF THE  CHAIRPERSON
OF THE AUTHORITY OR OF SUCH OTHER OFFICER AS THE DIRECTORS SHALL AUTHOR-
IZE  TO MAKE SUCH REQUISITION, OR PURSUANT TO A BOND RESOLUTION OR TRUST
INDENTURE.
  4. ALL MONEYS OF THE AUTHORITY FROM WHATEVER  SOURCE  DERIVED  MAY  BE
PAID  TO  THE TREASURER OF THE AUTHORITY AND BE DEPOSITED FORTHWITH IN A
BANK OR BANKS IN THE STATE DESIGNATED BY SUCH AUTHORITY. THE  MONEYS  IN
SUCH ACCOUNT MAY BE PAID BY THE TREASURER OR OTHER AGENT DULY DESIGNATED
BY  THE  AUTHORITY ON REQUISITION OF THE CHAIRMAN OF THE BOARD OF DIREC-
TORS OF THE AUTHORITY OR OF SUCH PERSON OR  PERSONS  AS  THE  BOARD  MAY
AUTHORIZE  TO  MAKE SUCH REQUISITIONS.   ALL DEPOSITS OF AUTHORITY MONEY
SHALL BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE  AT
A  MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSIT, AND ALL
BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR  SUCH
DEPOSITS.
  5.  THE AUTHORITY SHALL HAVE THE POWER, NOTWITHSTANDING THE PROVISIONS
OF THIS SECTION, TO CONTRACT WITH THE HOLDERS OF ANY OF ITS BONDS AS  TO
THE  CUSTODY,  COLLECTION, SECURING, INVESTMENT AND PAYMENT OF ANY MONEY
OF THE AUTHORITY OR ANY MONEY HELD IN TRUST OR OTHERWISE FOR THE PAYMENT
OF BONDS OR IN ANY WAY TO SECURE  BONDS,  AND  TO  CARRY  OUT  ANY  SUCH
CONTRACT NOTWITHSTANDING THAT SUCH CONTRACT MAY BE INCONSISTENT WITH THE
OTHER PROVISIONS OF THIS TITLE. MONEY HELD IN TRUST OR OTHERWISE FOR THE
PAYMENT  OF  BONDS  OR  IN  ANY WAY TO SECURE BONDS AND DEPOSITS OF SUCH
MONEY MAY BE SECURED IN THE SAME MANNER AS MONEY OF THE  AUTHORITY,  AND
ALL  BANKS  AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR
SUCH DEPOSITS.
  6. (A) REVENUES OF THE AUTHORITY SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) REVENUES FROM THE TEN CENT PER GALLON INCREASE ON THE TAX ON MOTOR
FUEL AS PROVIDED BY SECTION TWO HUNDRED EIGHTY-FOUR-F OF THE TAX LAW;
  (II) REVENUES FROM THE ADDITIONAL .5  PERCENT  RATE  OF  THE  PERSONAL
INCOME TAX FOR TAXPAYERS WITH A TAXABLE INCOME GREATER THAN FIVE HUNDRED
THOUSAND  DOLLARS  BUT  LESS  THAN  TWO  MILLION  DOLLARS AS PROVIDED BY
SUBPARAGRAPH (C) OF PARAGRAPH ONE OF SUBSECTION (A), SUBPARAGRAPH (C) OF
PARAGRAPH ONE OF SUBSECTION (B) AND SUBPARAGRAPH (C) OF PARAGRAPH ONE OF
SUBSECTION (C) OF SECTION SIX HUNDRED ONE OF THE TAX LAW; AND
  (III) ANNUAL FUNDING FROM THE CITY OF NEW YORK AS FOLLOWS:
  (A) FOR THE FIRST FISCAL YEAR OF THE CITY OF NEW YORK COMMENCING AFTER
THE EFFECTIVE DATE OF THIS TITLE, THE AMOUNT THAT SUCH CITY APPROPRIATED
FOR THE SUPPORT OF THE MTA IN THE BASE YEAR PLUS SIXTY MILLION DOLLARS;
  (B) FOR THE SECOND FISCAL YEAR OF THE  CITY  OF  NEW  YORK  COMMENCING
AFTER THE EFFECTIVE DATE OF THIS TITLE, THE AMOUNT THAT SUCH CITY APPRO-
PRIATED FOR THE SUPPORT OF THE MTA IN THE BASE YEAR PLUS ONE HUNDRED AND
TWENTY MILLION DOLLARS;
  (C) FOR THE THIRD FISCAL YEAR OF THE CITY OF NEW YORK COMMENCING AFTER
THE EFFECTIVE DATE OF THIS TITLE, THE AMOUNT THAT SUCH CITY APPROPRIATED
FOR  THE SUPPORT OF THE MTA IN THE BASE YEAR PLUS ONE HUNDRED AND EIGHTY
MILLION DOLLARS;
  (D) FOR THE FOURTH FISCAL YEAR OF THE  CITY  OF  NEW  YORK  COMMENCING
AFTER THE EFFECTIVE DATE OF THIS TITLE, THE AMOUNT THAT SUCH CITY APPRO-
PRIATED FOR THE SUPPORT OF THE MTA IN THE BASE YEAR PLUS TWO HUNDRED AND
FORTY MILLION DOLLARS; AND
  (E) FOR THE FIFTH FISCAL YEAR OF THE CITY OF NEW YORK COMMENCING AFTER
THE  EFFECTIVE DATE OF THIS TITLE, AND FOR EACH FISCAL YEAR OF SUCH CITY

A. 7103                             7

THEREAFTER, THE AMOUNT THAT SUCH CITY APPROPRIATED FOR  THE  SUPPORT  OF
THE MTA IN THE BASE YEAR PLUS THREE HUNDRED MILLION DOLLARS.
  (B)  FOR  THE  PURPOSES OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF THIS
SUBDIVISION, THE TERM "BASE YEAR" SHALL MEAN THE FISCAL YEAR OF THE CITY
OF NEW YORK ENDING JUNE 30, 2014.
  7. REVENUES RECEIVED BY THE AUTHORITY PURSUANT TO THIS  SECTION  SHALL
BE  APPLIED  IN  THE  FOLLOWING ORDER OF PRIORITY: FIRST PURSUANT TO THE
AUTHORITY'S CONTRACTS WITH BONDHOLDERS,  THEN  TO  PAY  THE  AUTHORITY'S
OPERATING EXPENSES NOT OTHERWISE PROVIDED FOR.
  S  3982.  USE OF BOND PROCEEDS. THE MONEYS OR PROCEEDS RECEIVED BY THE
AUTHORITY FROM THE SALE OF BONDS SHALL BE EXPENDED AS FOLLOWS:
  1. SIXTY PERCENT (60%) OF THE PROCEEDS SHALL BE PAID TO THE MTA TO  BE
EXPENDED  FOR ANY PROJECT CAPITAL COSTS OR ELEMENTS DESCRIBED IN THE TWO
THOUSAND FIFTEEN THROUGH TWO THOUSAND NINETEEN CAPITAL PROGRAM PLANS  AS
SUBMITTED TO AND APPROVED BY THE MTA CAPITAL PROGRAM REVIEW BOARD PURSU-
ANT TO TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER; AND
  2.  FORTY  PERCENT  (40%)  OF  THE PROCEEDS SHALL BE PAID TO DOT TO BE
EXPENDED FOR ALL  CAPITAL  PROJECTS  AND  ELEMENTS  DESCRIBED  IN  DOT'S
CURRENTLY  APPROVED TRANSPORTATION CAPITAL PROGRAM PURSUANT TO AN ANNUAL
APPROPRIATION ENACTED IN LAW.
  S 3983. AGREEMENT WITH STATE. THE STATE  DOES  HEREBY  PLEDGE  TO  AND
AGREE  WITH  THE HOLDERS OF ANY BONDS ISSUED BY THE AUTHORITY UNDER THIS
ACT THAT THE STATE WILL NOT LIMIT OR ALTER THE RIGHTS HEREBY  VESTED  IN
SUCH AUTHORITY TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE SAID
HOLDERS  THEREOF,  OR  IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH
HOLDERS UNTIL SUCH BONDS TOGETHER WITH THE INTEREST THEREON, WITH INTER-
EST ON ANY UNPAID INSTALLMENTS OF INTEREST, AND ALL COSTS  AND  EXPENSES
IN  CONNECTION  WITH  ANY  ACTION  OR PROCEEDING BY OR ON BEHALF OF SUCH
HOLDERS, ARE FULLY PAID AND DISCHARGED. THE AUTHORITY IS  AUTHORIZED  TO
INCLUDE THIS PLEDGE AND AGREEMENT OF THE STATE IN ANY AGREEMENT WITH THE
HOLDERS OF SUCH BONDS.
  S  3984.  BONDS  AS  LEGAL INVESTMENTS. THE BONDS OF THE AUTHORITY ARE
HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS AND BODIES  OF  THIS
STATE  AND  ALL  POLITICAL  SUBDIVISIONS  OF THE STATE AND OTHER PERSONS
CARRYING ON AN INSURANCE BUSINESS, ALL BANKS, BANKERS, TRUST  COMPANIES,
SAVINGS BANKS AND SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSO-
CIATIONS, BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER
PERSONS  CARRYING  ON A BANKING BUSINESS, ALL ADMINISTRATORS, GUARDIANS,
EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES, AND ALL OTHER PERSONS WHATSO-
EVER WHO ARE NOW OR MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS OR IN
OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY  INVEST  FUNDS,
INCLUDING CAPITAL, IN THEIR CONTROL OR BELONGING TO THEM. SUCH BONDS ARE
ALSO  HEREBY  MADE  SECURITIES  WHICH  MAY  BE DEPOSITED WITH AND MAY BE
RECEIVED BY ALL PUBLIC OFFICERS AND BODIES OF THE STATE  AND  ALL  POLI-
TICAL  SUBDIVISIONS OF THE STATE AND PUBLIC CORPORATIONS FOR ANY PURPOSE
FOR WHICH THE DEPOSIT OF BONDS OR OTHER OBLIGATIONS OF THE STATE IS  NOW
OR MAY HEREAFTER BE AUTHORIZED.
  S  3985.  EXEMPTION FROM TAXATION. 1. IT IS HEREBY DETERMINED THAT THE
CREATION OF THE AUTHORITY AND THE CARRYING OUT OF ITS CORPORATE  PURPOSE
IS  IN ALL RESPECTS A PUBLIC AND GOVERNMENTAL PURPOSE FOR THE BENEFIT OF
THE PEOPLE OF THE STATE AND FOR THE IMPROVEMENT OF THEIR HEALTH, SAFETY,
WELFARE, COMFORT  AND  SECURITY,  AND  THAT  SAID  PURPOSES  ARE  PUBLIC
PURPOSES  AND THAT A CORPORATION WILL BE PERFORMING AN ESSENTIAL GOVERN-
MENTAL FUNCTION IN THE EXERCISE OF THE POWERS CONFERRED UPON IT BY  THIS
ACT.

A. 7103                             8

  2.  THE  PROPERTY OF THE AUTHORITY AND ITS INCOME AND OPERATIONS SHALL
BE EXEMPT FROM TAXATION.
  3.  THE  BONDS  OF  THE  AUTHORITY ISSUED PURSUANT TO THIS ACT AND THE
INCOME THEREFROM AND ALL ITS FEES,  CHARGES,  GIFTS,  GRANTS,  REVENUES,
RECEIPTS AND OTHER MONEYS RECEIVED OR TO BE RECEIVED, PLEDGED TO PAY, OR
SECURE  THE  PAYMENT  OF, SUCH NOTES OR BONDS SHALL AT ALL TIMES BE FREE
FROM TAXATION, EXCEPT FOR ESTATE AND GIFT TAXES AND TAXES ON TRANSFERS.
  S 3986. AUDITS. 1. THE ACCOUNTS OF THE AUTHORITY SHALL BE  SUBJECT  TO
THE SUPERVISION AND AUDIT OF THE COMPTROLLER. THE COMPTROLLER AND HIS OR
HER  LEGALLY AUTHORIZED REPRESENTATIVE ARE AUTHORIZED AND EMPOWERED FROM
TIME TO TIME TO EXAMINE THE ACCOUNTS AND BOOKS OF THE AUTHORITY, INCLUD-
ING ITS  RECEIPTS,  DISBURSEMENTS,  CONTRACTS,  LEASES,  SINKING  FUNDS,
INVESTMENTS  AND  ANY OTHER RECORDS AND PAPERS RELATING TO ITS FINANCIAL
STANDING.
  2. THE COMPTROLLER MAY REQUIRE THE AUTHORITY TO BE THE SUBJECT  OF  AN
ANNUAL MANAGEMENT AND FINANCIAL AUDIT PERFORMED BY AN INDEPENDENT CERTI-
FIED  ACCOUNTANT  SELECTED  BY  THE  COMPTROLLER.  SUCH  AUDITED REPORT,
TOGETHER WITH THE AUDITED FINANCIAL STATEMENTS OF THE  AUTHORITY,  SHALL
BE SUBMITTED TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
PRESIDENT  OF  THE  SENATE, AND THE CHAIR AND RANKING MINORITY MEMBER OF
THE SENATE FINANCE COMMITTEE AND THE CHAIR AND RANKING  MINORITY  MEMBER
OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
  S  3987.  REMEDIES OF BONDHOLDERS. SUBJECT TO ANY RESOLUTION OR RESOL-
UTIONS ADOPTED BY THE AUTHORITY:
  1. IN THE EVENT THAT THE AUTHORITY SHALL DEFAULT  IN  THE  PAYMENT  OF
PRINCIPAL  OF  OR  INTEREST  ON  ANY ISSUE OF BONDS AFTER THE SAME SHALL
BECOME DUE, WHETHER AT MATURITY OR UPON CALL FOR  REDEMPTION,  AND  SUCH
DEFAULT SHALL CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT
THE AUTHORITY SHALL FAIL OR REFUSE TO COMPLY WITH THE PROVISIONS OF THIS
TITLE  OR  SHALL  DEFAULT  IN ANY AGREEMENT MADE WITH THE HOLDERS OF ANY
ISSUE OF BONDS, THE HOLDERS OF TWENTY-FIVE PERCENT IN AGGREGATE  PRINCI-
PAL AMOUNT OF THE BONDS OF SUCH ISSUE THEN OUTSTANDING, BY INSTRUMENT OR
INSTRUMENTS  FILED IN THE OFFICE OF THE CLERK OF THE COUNTY IN WHICH THE
PRINCIPAL OFFICE OF THE AUTHORITY IS LOCATED AND PROVED AND ACKNOWLEDGED
IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT  A  TRUSTEE  TO
REPRESENT  THE  HOLDERS  OF  SUCH BONDS FOR THE PURPOSE PROVIDED IN THIS
SECTION.
  2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF  TWEN-
TY-FIVE  PER CENTUM IN PRINCIPAL AMOUNT OF SUCH BONDS OUTSTANDING SHALL,
IN HIS OR HER OR ITS OWN NAME:
  (A) BY ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRACTICE  LAW
AND RULES, ENFORCE ALL RIGHTS OF THE BONDHOLDERS AND REQUIRE THE AUTHOR-
ITY TO CARRY OUT ANY OTHER AGREEMENTS WITH THE HOLDERS OF SUCH BONDS AND
TO PERFORM ITS DUTIES UNDER THIS TITLE;
  (B) BRING AN ACTION OR PROCEEDING UPON SUCH BONDS;
  (C) BY ACTION OR PROCEEDING, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT
WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH BONDS;
  (D)  BY  ACTION  OR PROCEEDING, ENJOIN ANY ACTS OR THINGS WHICH MAY BE
UNLAWFUL OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AND
  (E) DECLARE ALL SUCH BONDS DUE AND PAYABLE, AND IF ALL DEFAULTS  SHALL
BE  MADE  GOOD,  THEN WITH THE CONSENT OF THE HOLDERS OF TWENTY-FIVE PER
CENTUM OF THE PRINCIPAL AMOUNT OF SUCH  BONDS  THEN  OUTSTANDING,  ANNUL
SUCH DECLARATION AND ITS CONSEQUENCES.
  3.  SUCH  TRUSTEE SHALL, IN ADDITION TO THE PROVISIONS OF SUBDIVISIONS
ONE AND TWO OF THIS SECTION, HAVE AND POSSESS ALL OF THE  POWERS  NECES-
SARY  OR  APPROPRIATE FOR THE EXERCISE OF ANY FUNCTIONS SPECIFICALLY SET

A. 7103                             9

FORTH IN THIS SECTION OR INCIDENT TO THE GENERAL REPRESENTATION OF BOND-
HOLDERS IN THE ENFORCEMENT AND PROTECTION OF THEIR RIGHTS.
  4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY ACTION OR PROCEED-
ING  BY THE TRUSTEE ON BEHALF OF SUCH BONDHOLDERS. THE VENUE OF ANY SUCH
ACTION OR PROCEEDING SHALL BE LAID IN THE COUNTY OF ALBANY.
  S 3988. ASSISTANCE BY STATE OFFICERS, DEPARTMENTS, BOARDS AND  COMMIS-
SIONS.  1.  ALL OTHER STATE DEPARTMENTS, AGENCIES AND PUBLIC AUTHORITIES
MAY RENDER SUCH SERVICES TO THE AUTHORITY WITHIN THEIR RESPECTIVE  FUNC-
TIONS AS MAY BE REQUESTED BY SUCH AUTHORITY.
  2.  UPON  REQUEST  OF THE AUTHORITY, ANY STATE DEPARTMENT OR AGENCY IS
HEREBY AUTHORIZED AND EMPOWERED TO TRANSFER TO THE AUTHORITY SUCH  OFFI-
CERS  AND EMPLOYEES AS IT MAY DEEM NECESSARY FROM TIME TO TIME TO ASSIST
SUCH CORPORATION IN CARRYING OUT ITS FUNCTIONS  AND  DUTIES  UNDER  THIS
ACT.  OFFICERS  AND  EMPLOYEES  SO TRANSFERRED SHALL NOT LOSE OR FORFEIT
THEIR CIVIL SERVICE STATUS OR RIGHTS.
  S 3989. APPLICABILITY. NOTWITHSTANDING ANY PROVISION OF LAW  CONTAINED
IN  THIS CHAPTER TO THE CONTRARY, THE AUTHORITY SHALL BE SUBJECT TO, AND
BE REQUIRED TO COMPLY WITH, THE FOLLOWING PROVISIONS SET FORTH IN  ARTI-
CLE  NINE  OF THIS CHAPTER ONLY: SUBPARAGRAPHS ONE, TWO, THREE, FOUR AND
FIVE-A OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED
OF THIS CHAPTER; PARAGRAPHS (B) AND (C) OF SUBDIVISION  ONE  OF  SECTION
TWENTY-EIGHT HUNDRED OF THIS CHAPTER; SUBDIVISION THREE OF SECTION TWEN-
TY-EIGHT  HUNDRED OF THIS CHAPTER; SUBDIVISIONS ONE AND THREE OF SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER;  SUBDIVISION  ONE  OF  SECTION
TWENTY-EIGHT  HUNDRED  TWO OF THIS CHAPTER; SECTION TWENTY-EIGHT HUNDRED
THREE OF THIS CHAPTER; SECTION TWENTY-EIGHT HUNDRED FIVE OF  THIS  CHAP-
TER; PARAGRAPHS (A), (B), (D), (G) AND (H) OF SUBDIVISION ONE AND SUBDI-
VISION  TWO OF SECTION TWENTY-EIGHT HUNDRED TWENTY-FOUR OF THIS CHAPTER;
AND SECTIONS TWENTY-EIGHT HUNDRED FIFTY-SIX, TWENTY-EIGHT HUNDRED SEVEN-
TY-NINE-A,  TWENTY-EIGHT  HUNDRED   NINETY   AND   TWENTY-NINE   HUNDRED
TWENTY-FIVE OF THIS CHAPTER.
  S  2.  The tax law is amended by adding a new section 284-f to read as
follows:
  S 284-F. INFRASTRUCTURE MOTOR FUEL TAX. IN ADDITION TO THE TAX IMPOSED
BY SECTION TWO HUNDRED EIGHTY-FOUR OF THIS ARTICLE, A LIKE TAX SHALL  BE
IMPOSED  AT  THE  RATE OF TEN CENTS PER GALLON UPON MOTOR FUEL IMPORTED,
MANUFACTURED OR SOLD WITHIN THIS STATE BY A DISTRIBUTOR. THE FEE IMPOSED
BY THIS SECTION SHALL BE ADMINISTERED AND COLLECTED BY THE  COMMISSIONER
IN THE SAME MANNER AS THE TAX IMPOSED BY SECTION TWO HUNDRED EIGHTY-FOUR
OF  THIS  ARTICLE.  ALL THE PROVISIONS OF THIS ARTICLE APPLICABLE TO THE
TAX IMPOSED BY SECTION TWO HUNDRED EIGHTY-FOUR  OF  THIS  ARTICLE  SHALL
APPLY WITH RESPECT TO THE FEE IMPOSED BY THIS SECTION TO THE SAME EXTENT
AS  IF  IT  WERE  IMPOSED  BY  SUCH SECTION TWO HUNDRED EIGHTY-FOUR. THE
COMMISSIONER MAY MAKE SUCH PROVISIONS AS THE COMMISSIONER  DEEMS  NECES-
SARY FOR THE JOINT ADMINISTRATION OF THE FEE IMPOSED BY THIS SECTION.
  S  3.  Paragraph  1 of subsection (a) of section 601 of the tax law is
amended by adding a new subparagraph (C) to read as follows:
  (C) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND FIFTEEN,  AN  ADDI-
TIONAL  TAX AT A RATE OF .5% OVER THE 6.85% RATE ESTABLISHED BY SUBPARA-
GRAPH (B) OF THIS PARAGRAPH FOR TAXPAYERS WHOSE NEW YORK TAXABLE  INCOME
IS  GREATER THAN $500,000 THAT SHALL APPLY TO NEW YORK TAXABLE INCOME OF
$500,000 OR MORE BUT LESS THAN $2,000,000.
  S 4. Paragraph 1 of subsection (b) of section 601 of the  tax  law  is
amended by adding a new subparagraph (C) to read as follows:
  (C)  FOR  TAXABLE YEARS BEGINNING AFTER TWO THOUSAND FIFTEEN, AN ADDI-
TIONAL TAX AT A RATE OF .5% OVER THE 6.85% RATE ESTABLISHED BY  SUBPARA-

A. 7103                            10

GRAPH  (B) OF THIS PARAGRAPH FOR TAXPAYERS WHOSE NEW YORK TAXABLE INCOME
IS GREATER THAN $500,000 THAT SHALL APPLY TO NEW YORK TAXABLE INCOME  OF
$500,000 OR MORE BUT LESS THAN $2,000,000.
  S  5.  Paragraph  1 of subsection (c) of section 601 of the tax law is
amended by adding a new subparagraph (C) to read as follows:
  (C) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND FIFTEEN,  AN  ADDI-
TIONAL  TAX AT A RATE OF .5% OVER THE 6.85% RATE ESTABLISHED BY SUBPARA-
GRAPH (B) OF THIS PARAGRAPH FOR TAXPAYERS WHOSE NEW YORK TAXABLE  INCOME
IS  GREATER THAN $500,000 THAT SHALL APPLY TO NEW YORK TAXABLE INCOME OF
$500,000 OR MORE BUT LESS THAN $2,000,000.
  S 6. Notwithstanding any provisions of this act to the contrary, until
such time as the New York state transportation infrastructure  financing
authority  has  issued  bonds  pursuant  to  section  3980 of the public
authorities law and received the proceeds from the sale or  issuance  of
such  bonds, such authority shall distribute the revenue received pursu-
ant to subdivision 6 of section 3981 of such law in accordance with  the
provisions of section 3982 of such law.
  S 7. This act shall take effect immediately.

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