-  This bill is not active in this session.
 

S02605 Summary:

BILL NO    S02605D

SAME AS    SAME AS UNI. A03005-D

SPONSOR    BUDGET

COSPNSR    

MLTSPNSR   

Amd Various Laws, generally

Enacts major components of legislation into law that are necessary to implement
the public protection and general government budget for the 2013-2014 state
fiscal year; authorizes the governor to close correctional facilities;
authorizes the urban development corporation, the office of general services
and the department of corrections and community supervision to transfer and
convey certain lands in the county of Bronx, city of New York, to the Thomas
Mott Osborne Memorial Fund, Inc.; increases surcharges for certain violations;
establishes enhanced penalties for multiple violations of the mobile phone and
texting prohibitions; relates to adopting the national crime prevention and
privacy compact; extends numerous provisions of law; relates to the disposition
of monies recovered by county district attorneys before the filing of an
accusatory instrument; creates a new New York state gaming commission account;
relates to reducing purse amounts paid from the VLT program; relates to
reforming the local government citizens re-organization empowerment grant
program and the local government efficiency grant program; relates to providing
for the consolidation of certain information technology staff and services
within the office of information technology services; relates to the office of
cyber security; increases discretionary thresholds for procurement of food
commodities; includes school districts and boards of cooperative educational
services in the intrastate mutual aid program; relates to state aid on certain
state leased or state-owned land; relates to emergency alerts; relates to
extending the authority for the joint underwriting association to issue broad
form insurance coverage; and relates to eliminating the earnings limitation for
retired police officers employed as school resource officers.
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S02605 Actions:

BILL NO    S02605D

01/22/2013 REFERRED TO FINANCE
02/13/2013 AMEND AND RECOMMIT TO FINANCE
02/13/2013 PRINT NUMBER 2605A
02/22/2013 AMEND (T) AND RECOMMIT TO FINANCE
02/22/2013 PRINT NUMBER 2605B
03/09/2013 AMEND (T) AND RECOMMIT TO FINANCE
03/09/2013 PRINT NUMBER 2605C
03/20/2013 AMEND (T) AND RECOMMIT TO FINANCE
03/20/2013 PRINT NUMBER 2605D
03/24/2013 ORDERED TO THIRD READING CAL.271
03/24/2013 PASSED SENATE
03/24/2013 DELIVERED TO ASSEMBLY
03/24/2013 referred to ways and means
03/28/2013 substituted for a3005d
03/28/2013 ordered to third reading rules cal.44
03/28/2013 motion to amend lost
03/28/2013 motion to amend lost
03/28/2013 motion to amend lost
03/28/2013 passed assembly
03/28/2013 returned to senate
03/28/2013 DELIVERED TO GOVERNOR
03/28/2013 SIGNED CHAP.55
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S02605 Votes:

S02605D03/28/2013 129/9
AbbateERClarkYGanttYKavanagYMcLaughNORamosYStecY
AbinantYColtonYGarbariYKearnsYMillerYReilichYSteckY
ArroyoYCookYGibsonYKellnerYMillmanYRiveraYStevensER
AubryYCorwinYGiglioYKimYMontesaYRobertsYStirpeY
BarclayYCrespoYGjonajERKolbYMorelleYRobinsoERSweeneyY
BarrettYCrouchYGlickYLalorNOMosleyYRodriguYTediscoY
BarronERCurranYGoldfedYLavineYMoyaYRosaYTenneyNO
BenedetYCusickYGoodellYLentolYNojayNORosenthYThieleY
BlankenYCymbrowYGottfriYLiftonYNolanYRozicYTitoneY
BorelliYDenDekkYGrafYLope PDNOOaksYRussellYTitusY
BoylandERDinowitERGuntherYLope VJYO'DonneYRyanYWalterY
BraunstYDiPietrNOHawleyYLupardoYOrtizERSaladinYWeinsteY
BrennanYDupreyYHeastieERLupinacYOtisYSantabaYWeisenbY
BrindisYEnglebrYHennessYMageeYPalmesaYScarborYWeprinY
BronsonYEspinalYHevesiYMagnareYPaulinYSchimelYWrightY
Brook-KYFahyYHikindYMaiselYPeoplesYSchimmiYZebrowsY
BuchwalYFarrellYHooperYMalliotYPerryYSepulveYMr SpkrY
ButlerYFinchYJacobsYMarkeyYPretlowYSimanowY
CahillYFitzpatNOJaffeeYMayerYQuartYSimotasY
CamaraERFriendNOJohnsYMcDonalYRaYSkartadY
CastroERGabryszYJordanYMcDonouYRabbittYSkoufisY
CerettoYGalefYKatzNOMcKevitYRaiaYSolagesY

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S02605 Text:

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

           S. 2605--D                                            A. 3005--D

                             S E N A T E - A S S E M B L Y

                                   January 22, 2013
                                      ___________

       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when  printed to be committed to the Committee on Finance -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee  --  committee  discharged,  bill  amended,  ordered
         reprinted  as  amended  and recommitted to said committee -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee  on  Ways  and  Means -- committee discharged, bill amended,
         ordered reprinted as amended and  recommitted  to  said  committee  --
         again  reported from said committee with amendments, ordered reprinted
         as amended and recommitted to said committee --  again  reported  from
         said  committee  with  amendments,  ordered  reprinted  as amended and
         recommitted to said committee -- again reported  from  said  committee
         with  amendments, ordered reprinted as amended and recommitted to said
         committee

       AN ACT authorizing the governor to close  correctional  facilities;  and
         providing  for  the  repeal of such provisions upon expiration thereof
         (Part A); authorizing the urban development corporation, the office of
         general services and  the  department  of  corrections  and  community
         supervision  to  transfer  and  convey  certain lands in the county of
         Bronx, city of New York, to the Thomas  Mott  Osborne  Memorial  Fund,
         Inc.  (Part  B);  to amend the vehicle and traffic law, in relation to
         increasing surcharges for certain violations; in relation to  enhanced
         penalties  for  multiple  violations  of  the mobile phone and texting
         prohibitions (Part C); to amend the  executive  law,  in  relation  to
         adopting  the  national crime prevention and privacy compact (Part D);
         to amend chapter 887 of the laws of 1983, amending the correction  law
         relating  to  the  psychological testing of candidates, in relation to
         the effectiveness thereof; to amend chapter 428 of the laws  of  1999,
         amending  the executive law and the criminal procedure law relating to
         expanding the geographic area of employment of  certain  police  offi-
         cers,  in  relation  to  extending  the expiration of such chapter; to

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12570-08-3
       S. 2605--D                          2                         A. 3005--D

         amend chapter 886 of the laws of 1972, amending the correction law and
         the penal law relating to prisoner furloughs in certain cases and  the
         crime of absconding therefrom, in relation to the effectiveness there-
         of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
         and  54  of  the  laws  of 1987, the correction law, the penal law and
         other chapters  and  laws  relating  to  correctional  facilities,  in
         relation  to  the  effectiveness  thereof; to amend chapter 339 of the
         laws of 1972, amending the correction law and the penal  law  relating
         to  inmate work release, furlough and leave, in relation to making the
         provisions of such chapter permanent; to amend chapter 60 of the  laws
         of  1994  relating to certain provisions which impact upon expenditure
         of certain appropriations made by chapter  50  of  the  laws  of  1994
         enacting the state operations budget, in relation to the effectiveness
         thereof;  to  amend  chapter  3  of  the  laws  of  1995, amending the
         correction law and other laws relating to the  incarceration  fee,  in
         relation  to  extending  the  expiration of certain provisions of such
         chapter; to amend chapter  62  of  the  laws  of  2011,  amending  the
         correction  law and the executive law, relating to merging the depart-
         ment of correctional services and division of parole into the  depart-
         ment  of  corrections  and  community  supervision  in relation to the
         effectiveness thereof; to amend chapter 55 of the laws of 1992, amend-
         ing the tax law and other laws relating to taxes, surcharges, fees and
         funding, in relation to extending the expiration of certain provisions
         of such chapter; to amend chapter 907 of the laws  of  1984,  amending
         the correction law, the New York city criminal court act and the exec-
         utive  law  relating  to  prison  and jail housing and alternatives to
         detention and incarceration programs, in  relation  to  extending  the
         expiration of certain provisions of such chapter; to amend chapter 166
         of  the  laws of 1991, amending the tax law and other laws relating to
         taxes, in relation to extending the expiration of  certain  provisions
         of  such chapter; to amend the vehicle and traffic law, in relation to
         extending the expiration of the mandatory surcharge and victim assist-
         ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
         cle and traffic law relating to the ignition interlock device program,
         in relation to extending the expiration thereof; to amend chapter  435
         of the laws of 1997, amending the military law and other laws relating
         to various provisions, in relation to extending the expiration date of
         the  merit  provisions of the correction law and the penal law of such
         chapter; to amend chapter 412 of the laws of 1999, amending the  civil
         practice law and rules and the court of claims act relating to prison-
         er  litigation  reform, in relation to extending the expiration of the
         inmate filing fee provisions of the civil practice law and  rules  and
         general  filing  fee  provision  and inmate property claims exhaustion
         requirement of the court of claims act of such chapter; to amend chap-
         ter 222 of the laws of 1994 constituting  the  family  protection  and
         domestic  violence  intervention act of 1994, in relation to extending
         the expiration of certain provisions of  the  criminal  procedure  law
         requiring the arrest of certain persons engaged in family violence; to
         amend chapter 505 of the laws of 1985, amending the criminal procedure
         law relating to the use of closed-circuit television and other protec-
         tive  measures  for  certain child witnesses, in relation to extending
         the expiration of the provisions thereof; to amend chapter  3  of  the
         laws  of 1995, enacting the sentencing reform act of 1995, in relation
         to extending the expiration of certain provisions of such chapter;  to
         amend  chapter 689 of the laws of 1993 amending the criminal procedure
         law relating to electronic court appearance in  certain  counties,  in
       S. 2605--D                          3                         A. 3005--D

         relation to extending the effective date thereof; to amend chapter 688
         of  the  laws of 2003, amending the executive law relating to enacting
         the interstate compact for adult offender supervision, in relation  to
         the  effectiveness  thereof; to amend part H of chapter 56 of the laws
         of 2009, amending the correction law relating to limiting the  closing
         of  certain  correctional facilities, providing for the custody by the
         department  of  correctional  services  of  inmates  serving  definite
         sentences,  providing  for  custody of federal prisoners and requiring
         the closing of certain correctional facilities,  in  relation  to  the
         effectiveness  of  such  chapter;  and to amend section 3 of part C of
         chapter 152 of the laws of 2001, amending the military law relating to
         military funds of the organized militia, in relation to the effective-
         ness thereof; to amend section 5 of chapter 554 of the  laws  of  1986
         amending  the  correction  law and the penal law relating to providing
         for community treatment  facilities  and  establishing  the  crime  of
         absconding  from  the community treatment facility, in relation to the
         effectiveness thereof (Part E); to amend chapter 503 of  the  laws  of
         2009,  relating  to  the  disposition  of  monies  recovered by county
         district attorneys before the filing of an accusatory  instrument,  in
         relation  to the effectiveness thereof (Part F); intentionally omitted
         (Part G); intentionally omitted (Part H); to amend the  state  finance
         law,  in  relation  to creating a new New York state gaming commission
         account (Part I); to amend the tax law, in relation to reducing  purse
         amounts paid from the VLT program (Part J); to amend the state finance
         law, in relation to reforming the local government citizens re-organi-
         zation  empowerment  grant program and the local government efficiency
         grant program (Part K); intentionally omitted (Part L);  intentionally
         omitted (Part M); to amend the executive law, the state technology law
         and the general business law, in relation to providing for the consol-
         idation  of  certain  information technology staff and services within
         the office of information technology services; and to  repeal  section
         715  of  the  executive  law, relating to the office of cyber security
         (Part N); intentionally omitted (Part O); to amend the  state  finance
         law,  in  relation to increasing discretionary thresholds for procure-
         ment of food commodities (Part P); to  amend  the  executive  law,  in
         relation  to  including  school  districts  and  boards of cooperative
         educational services in the intrastate mutual aid  program  (Part  Q);
         intentionally  omitted  (Part  R);  intentionally omitted (Part S); to
         amend the public lands law, in relation to state aid on certain  state
         leased  or  state-owned land (Part T); intentionally omitted (Part U);
         to amend the executive law, in relation to emergency alerts (Part  V);
         to amend the insurance law, in relation to extending the authority for
         the  joint  underwriting  association  to  issue  broad form insurance
         coverage (Part W); to amend chapter 141 of the laws of 1994,  amending
         the  legislative  law and the state finance law relating to the opera-
         tion and administration of the legislature, in relation  to  extending
         such  provisions (Part X); to amend the retirement and social security
         law, in relation to eliminating the earnings  limitation  for  retired
         police  officers employed as school resource officers (Part Y); and to
         amend chapter 401 of the laws of 2002, amending the real property  tax
         law  and  the Nassau county administrative code relating to assessment
         and review of assessments in the county  of  Nassau,  in  relation  to
         extending  the expiration and repeal of certain provisions thereof; to
         amend the real property tax law, in relation to assessment and  review
         of  assessments;  and  providing  for the repeal of certain provisions
         upon expiration thereof (Part Z)
       S. 2605--D                          4                         A. 3005--D

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

    1    Section  1.  This  act enacts into law major components of legislation
    2  which are necessary to implement the state fiscal plan for the 2013-2014
    3  state fiscal year. Each component is  wholly  contained  within  a  Part
    4  identified  as Parts A through Z. The effective date for each particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
    8  "of this act", when used in connection with that  particular  component,
    9  shall  be  deemed  to mean and refer to the corresponding section of the
   10  Part in which it is found. Section three of  this  act  sets  forth  the
   11  general effective date of this act.

   12                                   PART A

   13    Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
   14  the  correction law, the governor is authorized to close the Bayview and
   15  Beacon correctional facilities of  the  department  of  corrections  and
   16  community supervision, in state fiscal year 2013-14, as he determines to
   17  be  necessary  for  the  cost-effective  and  efficient operation of the
   18  correctional system, provided that the governor  provides  at  least  60
   19  days notice prior to any such closures to the temporary president of the
   20  senate and the speaker of the assembly.
   21    S  2. This act shall take effect April 1, 2013 and shall expire and be
   22  deemed repealed March 31, 2014.

   23                                   PART B

   24    Section 1. Notwithstanding any inconsistent provision of  law  to  the
   25  contrary,  the  urban  development corporation is authorized to transfer
   26  and convey to the Thomas Mott Osborne Memorial  Fund,  Inc.  its  right,
   27  title,  and  interest  in the lands and improvements known as the Fulton
   28  Correctional Facility and further described in section two of this  act.
   29  The  conveyance  shall  be  made  upon such terms and conditions, as the
   30  board of directors of the urban  development  corporation  may,  in  its
   31  discretion, fix and determine.  The commissioner of general services and
   32  the  commissioner  of the department of corrections and community super-
   33  vision are hereby empowered to enter into  such  contractual  agreements
   34  with  the  corporation  and  its subsidiaries to effect the transfer and
   35  conveyance and do all things necessary to carry out  the  provisions  of
   36  this act.
   37    S  2. The lands to be conveyed pursuant to section one of this act are
   38  situated in the city of New York, county of  Bronx,  and  are  generally
   39  described as follows:
   40                                  Parcel I
   41    All  that  piece  or parcel of land lying and being in the Borough and
   42  County of the Bronx, City and State of New York, and being  all  of  Lot
   43  No. 30, Block 2928, and being more particularly described as follows:
   44    Beginning  at  the  intersection  of  the  northerly  line of E. 171st
   45  Street, and the westerly line of Fulton Avenue,  thence  westerly  along
   46  the northerly line of E.  171st Street, 115.32 feet to the easterly line
   47  of Lot 33; thence northerly along the last mentioned lot line 71.90 feet
   48  to  the  intersection  of  the southerly line of Lot 29; thence easterly
   49  along the last mentioned lot line, 106.08 feet to its intersection  with
       S. 2605--D                          5                         A. 3005--D

    1  the  said  westerly line of Fulton Ave.; thence southerly along the said
    2  westerly line of Fulton Avenue 80.00 feet  to  the  point  or  place  of
    3  beginning.
    4                                  Parcel II
    5    All  that  piece  or parcel of land lying and being in the Borough and
    6  County of the Bronx, City and State of New York, and being  all  of  Lot
    7  No. 33, Block 2928, and being more particularly described as follows:
    8    Beginning  at  the  intersection  of  the  northerly  line of E. 171st
    9  Street, and the westerly line of Lot 30, said point  being  115.32  feet
   10  westerly from the intersection of the northerly line of E. 171st Street,
   11  and  the  westerly line of Fulton Avenue; thence South 88  21' 50" West,
   12  along the northerly line of E.  171st Street, a distance of  75.86  feet
   13  to  a  point,  said  point  being 175.21 feet distant easterly, measured
   14  along the northerly line of E. 171st Street from the  corner  formed  by
   15  the  intersection  of  the easterly line of 3rd Avenue and the northerly
   16  line of E. 171st Street; thence North 01  11'  27"  East,  and  parallel
   17  with 3rd Avenue 141.75 feet to a point; thence North 84  03' 45" East, a
   18  distance  of  50.38  feet to a point; thence South 01  11' 27" West, and
   19  parallel to 3rd Avenue, 25.19 feet to a point; thence North 84  03'  45"
   20  East, 25.99 feet to a point; thence South 01  11' 27" West, and parallel
   21  to 3rd Avenue, 122.30 feet to the point or place of beginning.
   22    S  3.  Notwithstanding  the foregoing, the authorization to convey the
   23  Fulton Correctional Facility shall be subject to the condition precedent
   24  that such conveyance shall not impair or result in any diminution of the
   25  obligations to holders of any bonds which financed,  refinanced  or  are
   26  secured  by  correctional  facilities  (or payments in respect thereof),
   27  including the Fulton Correctional  Facility,  and  shall  not  adversely
   28  affect any exemption of interest on such bonds from federal income tax.
   29    S  4. The description in section two of this act is not intended to be
   30  a legal description but  is  intended  to  identify  the  parcel  to  be
   31  conveyed.  As a condition of the purchase, the Thomas Mott Osborne Memo-
   32  rial Fund, Inc. may submit to  the  urban  development  corporation  for
   33  approval,  an  accurate  survey  and  description  of  the  lands  to be
   34  conveyed, which may be used in the conveyance thereof.
   35    S 5. Any lands transferred pursuant to this act shall be used for  the
   36  purpose  of providing opportunities for individuals in conflict with the
   37  law through reform and rehabilitation programs, alternatives  to  incar-
   38  ceration  and  re-entry,  for  providing services to persons affected by
   39  crime and/or incarceration, and for related  community  activities,  and
   40  upon  termination  of  such use, title to the lands so transferred shall
   41  revert to the state of New York.
   42    S 6. The board of directors of the urban development corporation shall
   43  not transfer and convey said lands unless application is  made  therefor
   44  by the Thomas Mott Osborne Memorial Fund, Inc. within one year after the
   45  effective date of this act.
   46    S 7. This act shall take effect immediately.

   47                                   PART C

   48    Section 1.  Subdivision 4 of section 1225-c of the vehicle and traffic
   49  law,  as  added by chapter 69 of the laws of 2001, is amended to read as
   50  follows:
   51    4. A violation of subdivision two of this section shall be  a  traffic
   52  infraction  and  shall  be  punishable  by a fine of not LESS THAN FIFTY
   53  DOLLARS NOR more than one hundred FIFTY dollars  UPON  CONVICTION  OF  A
   54  FIRST  VIOLATION;  UPON  CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH
       S. 2605--D                          6                         A. 3005--D

    1  WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION  SHALL
    2  BE  PUNISHED  BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN TWO
    3  HUNDRED DOLLARS; UPON CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL
    4  OF  WHICH  WERE  COMMITTED  WITHIN  A  PERIOD  OF  EIGHTEEN MONTHS, SUCH
    5  VIOLATION SHALL BE PUNISHED BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR
    6  MORE THAN FOUR HUNDRED DOLLARS.
    7    S 2. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
    8  as  amended  by  chapter  109 of the laws of 2011, is amended to read as
    9  follows:
   10    6. A violation of this section shall be a traffic infraction and shall
   11  be punishable by a fine of not LESS THAN FIFTY DOLLARS NOR more than one
   12  hundred fifty dollars[.]UPON  CONVICTION  OF  A  FIRST  VIOLATION;  UPON
   13  CONVICTION  OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A
   14  PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF
   15  NOT LESS THAN FIFTY DOLLARS NOR MORE  THAN  TWO  HUNDRED  DOLLARS;  UPON
   16  CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMIT-
   17  TED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION SHALL BE PUNISHED
   18  BY  A  FINE  OF  NOT  LESS THAN FIFTY DOLLARS NOR MORE THAN FOUR HUNDRED
   19  DOLLARS.
   20    S 3. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
   21  traffic law, as amended by section 11 of part II of chapter  59  of  the
   22  laws of 2010, is amended to read as follows:
   23    a. Notwithstanding any other provision of law, whenever proceedings in
   24  a  court  or  an  administrative  tribunal  of  this  state  result in a
   25  conviction for an offense under this chapter, except a conviction pursu-
   26  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   27  fic infraction under this chapter, or a local law,  ordinance,  rule  or
   28  regulation adopted pursuant to this chapter, except a traffic infraction
   29  involving standing, stopping, or parking or violations by pedestrians or
   30  bicyclists,  and  except  an adjudication of liability of an owner for a
   31  violation of subdivision (d) of section eleven hundred  eleven  of  this
   32  chapter in accordance with section eleven hundred eleven-a of this chap-
   33  ter, and except an adjudication of liability of an owner for a violation
   34  of  subdivision  (d) of section eleven hundred eleven of this chapter in
   35  accordance with section eleven hundred eleven-b  of  this  chapter,  and
   36  except  an  adjudication  in  accordance  with  section  eleven  hundred
   37  eleven-c of this chapter of a violation of a  bus  lane  restriction  as
   38  defined  in  such section, and except an adjudication of liability of an
   39  owner for a violation of toll collection regulations pursuant to section
   40  two thousand nine hundred eighty-five of the public authorities  law  or
   41  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
   42  seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
   43  levied  in addition to any sentence, penalty or other surcharge required
   44  or permitted by law, an additional surcharge  of  [twenty]  TWENTY-EIGHT
   45  dollars.
   46    S 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
   47  traffic  law, as amended by section 11-a of part II of chapter 59 of the
   48  laws of 2010, is amended to read as follows:
   49    a. Notwithstanding any other provision of law, whenever proceedings in
   50  a court or  an  administrative  tribunal  of  this  state  result  in  a
   51  conviction for an offense under this chapter, except a conviction pursu-
   52  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   53  fic  infraction  under  this chapter, or a local law, ordinance, rule or
   54  regulation adopted pursuant to this chapter, except a traffic infraction
   55  involving standing, stopping, or parking or violations by pedestrians or
   56  bicyclists, and except an adjudication of liability of an  owner  for  a
       S. 2605--D                          7                         A. 3005--D

    1  violation  of  subdivision  (d) of section eleven hundred eleven of this
    2  chapter in accordance with section eleven hundred eleven-a of this chap-
    3  ter, and except  an  adjudication  in  accordance  with  section  eleven
    4  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
    5  restriction as defined in such section, and except  an  adjudication  of
    6  liability  of  an  owner  for a violation of toll collection regulations
    7  pursuant to section two thousand nine hundred eighty-five of the  public
    8  authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
    9  ter seven hundred seventy-four of the laws of  nineteen  hundred  fifty,
   10  there  shall  be  levied  in  addition to any sentence, penalty or other
   11  surcharge required or permitted  by  law,  an  additional  surcharge  of
   12  [twenty] TWENTY-EIGHT dollars.
   13    S 5. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
   14  traffic  law,  as  amended  by section 1 of part EE of chapter 56 of the
   15  laws of 2008, is amended to read as follows:
   16    a. Notwithstanding any other provision of law, whenever proceedings in
   17  a court or  an  administrative  tribunal  of  this  state  result  in  a
   18  conviction for an offense under this chapter, except a conviction pursu-
   19  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   20  fic  infraction  under  this chapter, or a local law, ordinance, rule or
   21  regulation adopted pursuant to this chapter, except a traffic infraction
   22  involving standing, stopping, or parking or violations by pedestrians or
   23  bicyclists, and except an adjudication of liability of an  owner  for  a
   24  violation  of  subdivision  (d) of section eleven hundred eleven of this
   25  chapter in accordance with section eleven hundred eleven-a of this chap-
   26  ter, and except an adjudication of liability of an owner for a violation
   27  of toll collection regulations pursuant to  section  two  thousand  nine
   28  hundred eighty-five of the public authorities law or sections sixteen-a,
   29  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
   30  laws of nineteen hundred fifty, there shall be levied in addition to any
   31  sentence, penalty or other surcharge required or permitted  by  law,  an
   32  additional surcharge of [twenty] TWENTY-EIGHT dollars.
   33    S  6. Subdivision 2 of section 1809 of the vehicle and traffic law, as
   34  amended by section 1 of part I of chapter 59 of the  laws  of  2009,  is
   35  amended to read as follows:
   36    2.  Where  a person is convicted of two or more such crimes or traffic
   37  infractions committed through a single act or omission,  or  through  an
   38  act or omission which in itself constituted one of the crimes or traffic
   39  infractions  and  also was a material element of the other, the court or
   40  administrative tribunal shall impose a crime victim assistance fee and a
   41  mandatory surcharge mandated by subdivision one of this section for each
   42  such conviction; provided however, that in  no  event  shall  the  total
   43  amount  of  such  crime  victim assistance fees and mandatory surcharges
   44  imposed pursuant to paragraph (a) or (c)  of  subdivision  one  of  this
   45  section exceed one hundred [eighty] NINETY-SIX dollars.
   46    S  7.  The  vehicle and traffic law is amended by adding a new section
   47  1809-aa to read as follows:
   48    S  1809-AA.  MANDATORY  SURCHARGE   REQUIRED   FOR   CERTAIN   PARKING
   49  VIOLATIONS.  1.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, WHENEVER
   50  PROCEEDINGS  IN  AN  ADMINISTRATIVE  TRIBUNAL  OR  COURT  RESULT  IN   A
   51  CONVICTION FOR A VIOLATION OF SECTION TWELVE HUNDRED, TWELVE HUNDRED ONE
   52  OR TWELVE HUNDRED TWO OF THIS CHAPTER, THERE SHALL BE LEVIED A MANDATORY
   53  SURCHARGE  IN  ADDITION TO ANY OTHER SENTENCE, FINE OR PENALTY OTHERWISE
   54  PERMITTED OR REQUIRED, IN THE AMOUNT OF TWENTY-FIVE DOLLARS.
   55    2. THE MANDATORY SURCHARGE PROVIDED FOR IN  SUBDIVISION  ONE  OF  THIS
   56  SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU-
       S. 2605--D                          8                         A. 3005--D

    1  NAL THAT RENDERED THE CONVICTION. WITHIN THE FIRST TEN DAYS OF THE MONTH
    2  FOLLOWING COLLECTION OF THE SURCHARGE THE COLLECTING AUTHORITY SHALL PAY
    3  SUCH  MONEY TO THE STATE COMPTROLLER WHO SHALL DEPOSIT SUCH MONEY IN THE
    4  STATE  TREASURY  PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THE STATE
    5  FINANCE LAW TO THE CREDIT OF THE GENERAL FUND.
    6    S 8. This act shall take effect on the one hundred twentieth day after
    7  it shall have become a law and shall apply to violations committed on or
    8  after such date, provided however, that:
    9    (a) the amendments to paragraph a of subdivision 1 of  section  1809-e
   10  of  the  vehicle and traffic law made by section three of this act shall
   11  be subject to the expiration and reversion of such paragraph, when  upon
   12  such date section four of this act shall take effect;
   13    (b)  the  amendments to paragraph a of subdivision 1 of section 1809-e
   14  of the vehicle and traffic law made by section four of this act shall be
   15  subject to the expiration and reversion of  such  paragraph,  when  upon
   16  such date section five of this act shall take effect; and
   17    (c) the amendments to subdivision 2 of section 1809 of the vehicle and
   18  traffic law made by section six of this act shall not affect the expira-
   19  tion of such subdivision and shall be deemed expired therewith.

   20                                   PART D

   21    Section  1. The executive law is amended by adding a new article 38 to
   22  read as follows:
   23                                 ARTICLE 38
   24                NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
   25  SECTION 850. ENACTMENT OF COMPACT.
   26    S 850. ENACTMENT OF COMPACT. THE NATIONAL CRIME PREVENTION AND PRIVACY
   27  COMPACT IS HEREBY ENACTED INTO LAW  AND  ENTERED  INTO  WITH  ALL  OTHER
   28  JURISDICTIONS  LEGALLY  JOINING  THEREIN  IN  THE  FORM SUBSTANTIALLY AS
   29  FOLLOWS:
   30    THE CONTRACTING PARTIES AGREE TO THE FOLLOWING:
   31                NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
   32  ARTICLE I.    DEFINITIONS.
   33  ARTICLE II.   PURPOSES.
   34  ARTICLE III.  RESPONSIBILITIES OF COMPACT PARTIES.
   35  ARTICLE IV.   AUTHORIZED RECORD DISCLOSURES.
   36  ARTICLE V.    RECORD REQUEST PROCEDURES.
   37  ARTICLE VI.   ESTABLISHMENT OF COMPACT COUNCIL.
   38  ARTICLE VII.  RATIFICATION OF COMPACT.
   39  ARTICLE VIII. MISCELLANEOUS PROVISIONS.
   40  ARTICLE IX.   RENUNCIATION.
   41  ARTICLE X.    SEVERABILITY.
   42  ARTICLE XI.   ADJUDICATION OF DISPUTES.

   43                                  OVERVIEW

   44    (A) IN GENERAL, THIS COMPACT ORGANIZES AN ELECTRONIC INFORMATION SHAR-
   45  ING SYSTEM AMONG THE FEDERAL GOVERNMENT AND THE STATES TO EXCHANGE CRIM-
   46  INAL HISTORY RECORDS FOR  NONCRIMINAL  JUSTICE  PURPOSES  AUTHORIZED  BY
   47  FEDERAL OR STATE LAW, SUCH AS BACKGROUND CHECKS FOR GOVERNMENTAL LICENS-
   48  ING AND EMPLOYMENT.
   49    (B) UNDER THIS COMPACT, THE FBI AND THE PARTY STATES AGREE TO MAINTAIN
   50  DETAILED DATABASES OF THEIR RESPECTIVE CRIMINAL HISTORY RECORDS, INCLUD-
   51  ING  ARRESTS AND DISPOSITIONS, AND TO MAKE THEM AVAILABLE TO THE FEDERAL
   52  GOVERNMENT AND TO PARTY STATES FOR AUTHORIZED PURPOSES.   THE FBI  SHALL
       S. 2605--D                          9                         A. 3005--D

    1  ALSO  MANAGE THE FEDERAL DATA FACILITIES THAT PROVIDE A SIGNIFICANT PART
    2  OF THE INFRASTRUCTURE FOR THE SYSTEM.

    3                           ARTICLE I--DEFINITIONS

    4    AS USED IN THIS COMPACT:
    5    (A)  "ATTORNEY  GENERAL"  MEANS  THE  ATTORNEY  GENERAL  OF THE UNITED
    6  STATES.
    7    (B) "COMPACT OFFICER" MEANS:
    8    1. WITH RESPECT TO THE FEDERAL GOVERNMENT, AN OFFICIAL  SO  DESIGNATED
    9  BY THE DIRECTOR OF THE FBI; AND
   10    2.  WITH  RESPECT  TO  A  PARTY  STATE, THE CHIEF ADMINISTRATOR OF THE
   11  STATE'S CRIMINAL HISTORY RECORD REPOSITORY OR A DESIGNEE  OF  THE  CHIEF
   12  ADMINISTRATOR WHO IS A REGULAR FULL-TIME EMPLOYEE OF THE REPOSITORY.
   13    (C) "COUNCIL" MEANS THE COMPACT COUNCIL ESTABLISHED UNDER ARTICLE VI.
   14    (D) "CRIMINAL HISTORY RECORDS":
   15    1.  MEANS  INFORMATION COLLECTED BY CRIMINAL JUSTICE AGENCIES ON INDI-
   16  VIDUALS  CONSISTING  OF  IDENTIFIABLE  DESCRIPTIONS  AND  NOTATIONS   OF
   17  ARRESTS,  DETENTIONS, INDICTMENTS, OR OTHER FORMAL CRIMINAL CHARGES, AND
   18  ANY DISPOSITION  ARISING  THEREFROM,  INCLUDING  ACQUITTAL,  SENTENCING,
   19  CORRECTIONAL SUPERVISION, OR RELEASE; AND
   20    2.  DOES  NOT  INCLUDE  IDENTIFICATION INFORMATION SUCH AS FINGERPRINT
   21  RECORDS IF SUCH INFORMATION DOES NOT INDICATE INVOLVEMENT OF  THE  INDI-
   22  VIDUAL WITH THE CRIMINAL JUSTICE SYSTEM.
   23    (E) "CRIMINAL HISTORY RECORD REPOSITORY" MEANS THE STATE AGENCY DESIG-
   24  NATED  BY  THE  GOVERNOR  OR OTHER APPROPRIATE EXECUTIVE OFFICIAL OR THE
   25  LEGISLATURE OF A STATE TO PERFORM  CENTRALIZED  RECORDKEEPING  FUNCTIONS
   26  FOR CRIMINAL HISTORY RECORDS AND SERVICES IN THE STATE.
   27    (F)  "CRIMINAL JUSTICE" INCLUDES ACTIVITIES RELATING TO THE DETECTION,
   28  APPREHENSION, DETENTION, PRETRIAL RELEASE,  POST-TRIAL  RELEASE,  PROSE-
   29  CUTION,  ADJUDICATION,  CORRECTIONAL  SUPERVISION,  OR REHABILITATION OF
   30  ACCUSED PERSONS OR CRIMINAL OFFENDERS. THE  ADMINISTRATION  OF  CRIMINAL
   31  JUSTICE  INCLUDES CRIMINAL IDENTIFICATION ACTIVITIES AND THE COLLECTION,
   32  STORAGE, AND DISSEMINATION OF CRIMINAL HISTORY RECORDS.
   33    (G) "CRIMINAL JUSTICE AGENCY":
   34    1. MEANS:
   35    A. COURTS; AND
   36    B. A GOVERNMENTAL AGENCY OR ANY SUBUNIT THEREOF THAT:
   37    (I) PERFORMS THE ADMINISTRATION OF  CRIMINAL  JUSTICE  PURSUANT  TO  A
   38  STATUTE OR EXECUTIVE ORDER; AND
   39    (II) ALLOCATES A SUBSTANTIAL PART OF ITS ANNUAL BUDGET TO THE ADMINIS-
   40  TRATION OF CRIMINAL JUSTICE; AND
   41    2. INCLUDES FEDERAL AND STATE INSPECTORS GENERAL OFFICES.
   42    (H)  "CRIMINAL JUSTICE SERVICES" MEANS SERVICES PROVIDED BY THE FBI TO
   43  CRIMINAL JUSTICE AGENCIES IN RESPONSE TO A REQUEST FOR INFORMATION ABOUT
   44  A PARTICULAR INDIVIDUAL  OR  AS  AN  UPDATE  TO  INFORMATION  PREVIOUSLY
   45  PROVIDED FOR CRIMINAL JUSTICE PURPOSES.
   46    (I)  "CRITERION  OFFENSE"  MEANS ANY FELONY OR MISDEMEANOR OFFENSE NOT
   47  INCLUDED ON THE LIST OF NONSERIOUS OFFENSES  PUBLISHED  PERIODICALLY  BY
   48  THE FBI.
   49    (J)  "DIRECT ACCESS" MEANS ACCESS TO THE NATIONAL IDENTIFICATION INDEX
   50  BY COMPUTER TERMINAL OR OTHER AUTOMATED MEANS NOT REQUIRING THE  ASSIST-
   51  ANCE OF OR INTERVENTION BY ANY OTHER PARTY OR AGENCY.
   52    (K)  "EXECUTIVE  ORDER"  MEANS AN ORDER OF THE PRESIDENT OF THE UNITED
   53  STATES OR THE CHIEF EXECUTIVE OFFICER OF A STATE THAT HAS THE  FORCE  OF
   54  LAW AND THAT IS PROMULGATED IN ACCORDANCE WITH APPLICABLE LAW.
       S. 2605--D                         10                         A. 3005--D

    1    (L) "FBI" MEANS THE FEDERAL BUREAU OF INVESTIGATION.
    2    (M) "INTERSTATE IDENTIFICATION INDEX SYSTEM" OR "III SYSTEM":
    3    1.  MEANS  THE  COOPERATIVE  FEDERAL-STATE  SYSTEM FOR THE EXCHANGE OF
    4  CRIMINAL HISTORY RECORDS; AND
    5    2. INCLUDES THE NATIONAL IDENTIFICATION INDEX,  THE  NATIONAL  FINGER-
    6  PRINT FILE AND, TO THE EXTENT OF THEIR PARTICIPATION IN SUCH SYSTEM, THE
    7  CRIMINAL HISTORY RECORD REPOSITORIES OF THE STATES AND THE FBI.
    8    (N)  "NATIONAL  FINGERPRINT FILE" MEANS A DATABASE OF FINGERPRINTS, OR
    9  OTHER UNIQUELY PERSONAL IDENTIFYING INFORMATION, RELATING TO AN ARRESTED
   10  OR CHARGED INDIVIDUAL MAINTAINED BY THE FBI TO  PROVIDE  POSITIVE  IDEN-
   11  TIFICATION OF RECORD SUBJECTS INDEXED IN THE III SYSTEM.
   12    (O)  "NATIONAL  IDENTIFICATION INDEX" MEANS AN INDEX MAINTAINED BY THE
   13  FBI CONSISTING OF NAMES,  IDENTIFYING  NUMBERS,  AND  OTHER  DESCRIPTIVE
   14  INFORMATION  RELATING  TO  RECORD SUBJECTS ABOUT WHOM THERE ARE CRIMINAL
   15  HISTORY RECORDS IN THE III SYSTEM.
   16    (P) "NATIONAL INDICES" MEANS THE NATIONAL IDENTIFICATION INDEX AND THE
   17  NATIONAL FINGERPRINT FILE.
   18    (Q) "NONPARTY STATE" MEANS A STATE THAT HAS NOT RATIFIED THIS COMPACT.
   19    (R) "NONCRIMINAL JUSTICE PURPOSES"  MEANS  USES  OF  CRIMINAL  HISTORY
   20  RECORDS  FOR  PURPOSES  AUTHORIZED  BY  FEDERAL  OR STATE LAW OTHER THAN
   21  PURPOSES RELATING TO CRIMINAL JUSTICE ACTIVITIES,  INCLUDING  EMPLOYMENT
   22  SUITABILITY,  LICENSING  DETERMINATIONS,  IMMIGRATION AND NATURALIZATION
   23  MATTERS, AND NATIONAL SECURITY CLEARANCES.
   24    (S) "PARTY STATE" MEANS A STATE THAT HAS RATIFIED THIS COMPACT.
   25    (T) "POSITIVE IDENTIFICATION" MEANS  A  DETERMINATION,  BASED  UPON  A
   26  COMPARISON OF FINGERPRINTS OR OTHER EQUALLY RELIABLE BIOMETRIC IDENTIFI-
   27  CATION  TECHNIQUES,  THAT  THE  SUBJECT  OF  A RECORD SEARCH IS THE SAME
   28  PERSON AS THE SUBJECT OF A CRIMINAL HISTORY RECORD OR RECORDS INDEXED IN
   29  THE III SYSTEM.  IDENTIFICATIONS  BASED  SOLELY  UPON  A  COMPARISON  OF
   30  SUBJECTS'  NAMES  OR  OTHER  NONUNIQUE IDENTIFICATION CHARACTERISTICS OR
   31  NUMBERS, OR COMBINATIONS THEREOF, SHALL NOT  CONSTITUTE  POSITIVE  IDEN-
   32  TIFICATION.
   33    (U) "SEALED RECORD INFORMATION" MEANS:
   34    1. WITH RESPECT TO ADULTS, THAT PORTION OF A RECORD THAT IS:
   35    A. NOT AVAILABLE FOR CRIMINAL JUSTICE USES;
   36    B.  NOT  SUPPORTED BY FINGERPRINTS OR OTHER ACCEPTED MEANS OF POSITIVE
   37  IDENTIFICATION; OR
   38    C. SUBJECT TO RESTRICTIONS ON DISSEMINATION  FOR  NONCRIMINAL  JUSTICE
   39  PURPOSES  PURSUANT  TO  A COURT ORDER RELATED TO A PARTICULAR SUBJECT OR
   40  PURSUANT TO A FEDERAL OR STATE STATUTE THAT REQUIRES ACTION ON A SEALING
   41  PETITION FILED BY A PARTICULAR RECORD SUBJECT; AND
   42    2. WITH RESPECT TO JUVENILES, WHATEVER  EACH  STATE  DETERMINES  IS  A
   43  SEALED RECORD UNDER ITS OWN LAW AND PROCEDURE.
   44    (V)  "STATE"  MEANS  ANY STATE, TERRITORY, OR POSSESSION OF THE UNITED
   45  STATES, THE DISTRICT OF COLUMBIA, AND THE COMMONWEALTH OF PUERTO RICO.

   46                            ARTICLE II--PURPOSES

   47    THE PURPOSES OF THIS COMPACT ARE TO:
   48    (A) PROVIDE A LEGAL FRAMEWORK FOR THE ESTABLISHMENT OF  A  COOPERATIVE
   49  FEDERAL-STATE  SYSTEM  FOR  THE INTERSTATE AND FEDERAL-STATE EXCHANGE OF
   50  CRIMINAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE USES;
   51    (B) REQUIRE THE FBI TO PERMIT USE OF THE NATIONAL IDENTIFICATION INDEX
   52  AND THE NATIONAL FINGERPRINT FILE BY EACH PARTY STATE, AND  TO  PROVIDE,
   53  IN  A  TIMELY  FASHION,  FEDERAL  AND  STATE CRIMINAL HISTORY RECORDS TO
   54  REQUESTING STATES, IN ACCORDANCE WITH THE TERMS OF THIS COMPACT AND WITH
       S. 2605--D                         11                         A. 3005--D

    1  RULES, PROCEDURES, AND STANDARDS ESTABLISHED BY THE COUNCIL UNDER  ARTI-
    2  CLE VI;
    3    (C)  REQUIRE  PARTY  STATES TO PROVIDE INFORMATION AND RECORDS FOR THE
    4  NATIONAL IDENTIFICATION INDEX AND THE NATIONAL FINGERPRINT FILE  AND  TO
    5  PROVIDE  CRIMINAL  HISTORY  RECORDS,  IN  A  TIMELY FASHION, TO CRIMINAL
    6  HISTORY RECORD REPOSITORIES OF OTHER STATES AND THE  FEDERAL  GOVERNMENT
    7  FOR  NONCRIMINAL  JUSTICE PURPOSES, IN ACCORDANCE WITH THE TERMS OF THIS
    8  COMPACT AND WITH RULES, PROCEDURES, AND  STANDARDS  ESTABLISHED  BY  THE
    9  COUNCIL UNDER ARTICLE VI;
   10    (D)  PROVIDE  FOR THE ESTABLISHMENT OF A COUNCIL TO MONITOR III SYSTEM
   11  OPERATIONS AND TO PRESCRIBE SYSTEM RULES AND PROCEDURES FOR  THE  EFFEC-
   12  TIVE  AND  PROPER  OPERATION  OF  THE III SYSTEM FOR NONCRIMINAL JUSTICE
   13  PURPOSES; AND
   14    (E) REQUIRE THE FBI AND EACH PARTY STATE TO ADHERE TO III SYSTEM STAN-
   15  DARDS CONCERNING RECORD DISSEMINATION AND USE,  RESPONSE  TIMES,  SYSTEM
   16  SECURITY,  DATA QUALITY, AND OTHER DULY ESTABLISHED STANDARDS, INCLUDING
   17  THOSE THAT ENHANCE THE ACCURACY AND PRIVACY OF SUCH RECORDS.

   18              ARTICLE III--RESPONSIBILITIES OF COMPACT PARTIES

   19    (A) THE DIRECTOR OF THE FBI SHALL:
   20    1. APPOINT AN FBI COMPACT OFFICER WHO SHALL:
   21    A. ADMINISTER THIS COMPACT WITHIN THE DEPARTMENT OF JUSTICE AND  AMONG
   22  FEDERAL AGENCIES AND OTHER AGENCIES AND ORGANIZATIONS THAT SUBMIT SEARCH
   23  REQUESTS TO THE FBI PURSUANT TO SUBDIVISION (C) OF ARTICLE V;
   24    B. ENSURE THAT COMPACT PROVISIONS AND RULES, PROCEDURES, AND STANDARDS
   25  PRESCRIBED  BY  THE  COUNCIL  UNDER  ARTICLE VI ARE COMPLIED WITH BY THE
   26  DEPARTMENT OF JUSTICE AND THE FEDERAL AGENCIES AND  OTHER  AGENCIES  AND
   27  ORGANIZATIONS  REFERRED  TO  IN  SUBPARAGRAPH A OF PARAGRAPH ONE OF THIS
   28  SUBDIVISION; AND
   29    C. REGULATE THE USE OF RECORDS RECEIVED BY MEANS  OF  THE  III  SYSTEM
   30  FROM  PARTY STATES WHEN SUCH RECORDS ARE SUPPLIED BY THE FBI DIRECTLY TO
   31  OTHER FEDERAL AGENCIES;
   32    2. PROVIDE TO FEDERAL AGENCIES AND TO STATE  CRIMINAL  HISTORY  RECORD
   33  REPOSITORIES,  CRIMINAL  HISTORY  RECORDS MAINTAINED IN ITS DATABASE FOR
   34  THE NONCRIMINAL JUSTICE PURPOSES DESCRIBED IN ARTICLE IV, INCLUDING:
   35    A. INFORMATION FROM NONPARTY STATES; AND
   36    B. INFORMATION FROM PARTY  STATES  THAT  IS  AVAILABLE  FROM  THE  FBI
   37  THROUGH  THE  III  SYSTEM,  BUT  IS  NOT  AVAILABLE FROM THE PARTY STATE
   38  THROUGH THE III SYSTEM;
   39    C. PROVIDE  A  TELECOMMUNICATIONS  NETWORK  AND  MAINTAIN  CENTRALIZED
   40  FACILITIES  FOR THE EXCHANGE OF CRIMINAL HISTORY RECORDS FOR BOTH CRIMI-
   41  NAL JUSTICE PURPOSES AND THE NONCRIMINAL JUSTICE PURPOSES  DESCRIBED  IN
   42  ARTICLE  IV,  AND  ENSURE THAT THE EXCHANGE OF SUCH RECORDS FOR CRIMINAL
   43  JUSTICE PURPOSES HAS PRIORITY  OVER  EXCHANGE  FOR  NONCRIMINAL  JUSTICE
   44  PURPOSES; AND
   45    D.  MODIFY  OR ENTER INTO USER AGREEMENTS WITH NONPARTY STATE CRIMINAL
   46  HISTORY RECORD REPOSITORIES TO REQUIRE THEM TO ESTABLISH RECORD  REQUEST
   47  PROCEDURES CONFORMING TO THOSE PRESCRIBED IN ARTICLE V.
   48    (B) EACH PARTY STATE SHALL:
   49    1. APPOINT A COMPACT OFFICER WHO SHALL:
   50    A. ADMINISTER THIS COMPACT WITHIN THAT STATE;
   51    B. ENSURE THAT COMPACT PROVISIONS AND RULES, PROCEDURES, AND STANDARDS
   52  ESTABLISHED  BY  THE  COUNCIL  UNDER ARTICLE VI ARE COMPLIED WITH IN THE
   53  STATE; AND
       S. 2605--D                         12                         A. 3005--D

    1    C. REGULATE THE IN-STATE USE OF RECORDS RECEIVED BY MEANS OF  THE  III
    2  SYSTEM FROM THE FBI OR FROM OTHER PARTY STATES;
    3    2.  ESTABLISH AND MAINTAIN A CRIMINAL HISTORY RECORD REPOSITORY, WHICH
    4  SHALL PROVIDE:
    5    A. INFORMATION AND RECORDS FOR THE NATIONAL IDENTIFICATION  INDEX  AND
    6  THE NATIONAL FINGERPRINT FILE; AND
    7    B.  THE  STATE'S  III  SYSTEM-INDEXED  CRIMINAL  HISTORY  RECORDS  FOR
    8  NONCRIMINAL JUSTICE PURPOSES DESCRIBED IN ARTICLE IV; AND
    9    C. PARTICIPATE IN THE NATIONAL FINGERPRINT FILE; AND
   10    D. PROVIDE AND MAINTAIN TELECOMMUNICATIONS LINKS AND RELATED EQUIPMENT
   11  NECESSARY TO SUPPORT THE SERVICES SET FORTH IN THIS COMPACT.
   12    (C) COMPLIANCE WITH III SYSTEM  STANDARDS.    IN  CARRYING  OUT  THEIR
   13  RESPONSIBILITIES  UNDER THIS COMPACT, THE FBI AND EACH PARTY STATE SHALL
   14  COMPLY WITH III SYSTEM RULES, PROCEDURES, AND STANDARDS DULY ESTABLISHED
   15  BY THE COUNCIL CONCERNING RECORD DISSEMINATION AND USE, RESPONSE  TIMES,
   16  DATA  QUALITY,  SYSTEM SECURITY, ACCURACY, PRIVACY PROTECTION, AND OTHER
   17  ASPECTS OF III SYSTEM OPERATION.
   18    (D) 1. USE OF THE III SYSTEM FOR NONCRIMINAL JUSTICE PURPOSES  AUTHOR-
   19  IZED IN THIS COMPACT SHALL BE MANAGED SO AS NOT TO DIMINISH THE LEVEL OF
   20  SERVICES PROVIDED IN SUPPORT OF CRIMINAL JUSTICE PURPOSES.
   21    2.  ADMINISTRATION OF COMPACT PROVISIONS SHALL NOT REDUCE THE LEVEL OF
   22  SERVICE AVAILABLE TO AUTHORIZED NONCRIMINAL JUSTICE USERS ON THE  EFFEC-
   23  TIVE DATE OF THIS COMPACT.

   24                  ARTICLE IV--AUTHORIZED RECORD DISCLOSURES

   25    (A) STATE CRIMINAL HISTORY RECORD REPOSITORIES.  TO THE EXTENT AUTHOR-
   26  IZED  BY  SECTION  FIVE  HUNDRED FIFTY-TWO-A OF TITLE FIVE OF THE UNITED
   27  STATES CODE, (COMMONLY KNOWN AS THE "PRIVACY  ACT  OF  1974"),  THE  FBI
   28  SHALL  PROVIDE  ON  REQUEST  CRIMINAL  HISTORY RECORDS (EXCLUDING SEALED
   29  RECORDS) TO STATE CRIMINAL HISTORY RECORD REPOSITORIES  FOR  NONCRIMINAL
   30  JUSTICE PURPOSES ALLOWED BY FEDERAL STATUTE, FEDERAL EXECUTIVE ORDER, OR
   31  A  STATE STATUTE THAT HAS BEEN APPROVED BY THE ATTORNEY GENERAL AND THAT
   32  AUTHORIZES NATIONAL INDICES CHECKS.
   33    (B) THE  FBI,  TO  THE  EXTENT  AUTHORIZED  BY  SECTION  FIVE  HUNDRED
   34  FIFTY-TWO-A  OF TITLE FIVE OF THE UNITED STATES CODE, (COMMONLY KNOWN AS
   35  THE "PRIVACY ACT OF 1974"), AND STATE CRIMINAL HISTORY RECORD  REPOSITO-
   36  RIES  SHALL  PROVIDE CRIMINAL HISTORY RECORDS (EXCLUDING SEALED RECORDS)
   37  TO CRIMINAL JUSTICE AGENCIES AND OTHER GOVERNMENTAL  OR  NONGOVERNMENTAL
   38  AGENCIES  FOR  NONCRIMINAL  JUSTICE PURPOSES ALLOWED BY FEDERAL STATUTE,
   39  FEDERAL EXECUTIVE ORDER, OR A STATE STATUTE THAT HAS  BEEN  APPROVED  BY
   40  THE ATTORNEY GENERAL, THAT AUTHORIZES NATIONAL INDICES CHECKS.
   41    (C)  ANY  RECORD  OBTAINED UNDER THIS COMPACT MAY BE USED ONLY FOR THE
   42  OFFICIAL PURPOSES FOR WHICH THE RECORD WAS REQUESTED. EACH COMPACT OFFI-
   43  CER SHALL ESTABLISH PROCEDURES, CONSISTENT WITH THIS COMPACT,  AND  WITH
   44  RULES,  PROCEDURES, AND STANDARDS ESTABLISHED BY THE COUNCIL UNDER ARTI-
   45  CLE VI, WHICH PROCEDURES SHALL PROTECT THE ACCURACY AND PRIVACY  OF  THE
   46  RECORDS, AND SHALL:
   47    1.  ENSURE  THAT  RECORDS OBTAINED UNDER THIS COMPACT ARE USED ONLY BY
   48  AUTHORIZED OFFICIALS FOR AUTHORIZED PURPOSES;
   49    2. REQUIRE THAT SUBSEQUENT  RECORD  CHECKS  ARE  REQUESTED  TO  OBTAIN
   50  CURRENT INFORMATION WHENEVER A NEW NEED ARISES; AND
   51    3.  ENSURE  THAT  RECORD  ENTRIES  THAT  MAY NOT LEGALLY BE USED FOR A
   52  PARTICULAR NONCRIMINAL JUSTICE PURPOSE ARE  DELETED  FROM  THE  RESPONSE
   53  AND,  IF  NO  INFORMATION AUTHORIZED FOR RELEASE REMAINS, AN APPROPRIATE
   54  "NO RECORD" RESPONSE IS COMMUNICATED TO THE REQUESTING OFFICIAL.
       S. 2605--D                         13                         A. 3005--D

    1                    ARTICLE V--RECORD REQUEST PROCEDURES

    2    (A) SUBJECT FINGERPRINTS OR OTHER APPROVED FORMS OF POSITIVE IDENTIFI-
    3  CATION  SHALL BE SUBMITTED WITH ALL REQUESTS FOR CRIMINAL HISTORY RECORD
    4  CHECKS FOR NONCRIMINAL JUSTICE PURPOSES.
    5    (B) EACH REQUEST FOR A CRIMINAL HISTORY  RECORD  CHECK  UTILIZING  THE
    6  NATIONAL  INDICES MADE UNDER ANY APPROVED STATE STATUTE SHALL BE SUBMIT-
    7  TED THROUGH THAT STATE'S CRIMINAL HISTORY  RECORD  REPOSITORY.  A  STATE
    8  CRIMINAL  HISTORY  RECORD REPOSITORY SHALL PROCESS AN INTERSTATE REQUEST
    9  FOR NONCRIMINAL JUSTICE PURPOSES THROUGH THE NATIONAL  INDICES  ONLY  IF
   10  SUCH  REQUEST  IS  TRANSMITTED  THROUGH  ANOTHER  STATE CRIMINAL HISTORY
   11  RECORD REPOSITORY OR THE FBI.
   12    (C) EACH REQUEST FOR CRIMINAL  HISTORY  RECORD  CHECKS  UTILIZING  THE
   13  NATIONAL INDICES MADE UNDER FEDERAL AUTHORITY SHALL BE SUBMITTED THROUGH
   14  THE  FBI OR, IF THE STATE CRIMINAL HISTORY RECORD REPOSITORY CONSENTS TO
   15  PROCESS FINGERPRINT SUBMISSIONS, THROUGH  THE  CRIMINAL  HISTORY  RECORD
   16  REPOSITORY  IN THE STATE IN WHICH SUCH REQUEST ORIGINATED. DIRECT ACCESS
   17  TO THE NATIONAL IDENTIFICATION INDEX BY ENTITIES OTHER THAN THE FBI  AND
   18  STATE  CRIMINAL  HISTORY RECORDS REPOSITORIES SHALL NOT BE PERMITTED FOR
   19  NONCRIMINAL JUSTICE PURPOSES.
   20    (D) A STATE CRIMINAL HISTORY RECORD REPOSITORY OR THE FBI:
   21    1. MAY CHARGE A FEE, IN ACCORDANCE WITH APPLICABLE LAW, FOR HANDLING A
   22  REQUEST  INVOLVING  FINGERPRINT  PROCESSING  FOR   NONCRIMINAL   JUSTICE
   23  PURPOSES; AND
   24    2.  MAY  NOT  CHARGE  A  FEE FOR PROVIDING CRIMINAL HISTORY RECORDS IN
   25  RESPONSE TO AN ELECTRONIC REQUEST FOR A RECORD THAT DOES NOT  INVOLVE  A
   26  REQUEST TO PROCESS FINGERPRINTS.
   27    (E) 1. IF A STATE CRIMINAL HISTORY RECORD REPOSITORY CANNOT POSITIVELY
   28  IDENTIFY  THE  SUBJECT  OF A RECORD REQUEST MADE FOR NONCRIMINAL JUSTICE
   29  PURPOSES, THE REQUEST, TOGETHER  WITH  FINGERPRINTS  OR  OTHER  APPROVED
   30  IDENTIFYING  INFORMATION,  SHALL BE FORWARDED TO THE FBI FOR A SEARCH OF
   31  THE NATIONAL INDICES.
   32    2. IF, WITH RESPECT TO A REQUEST FORWARDED BY A STATE CRIMINAL HISTORY
   33  RECORD REPOSITORY UNDER PARAGRAPH ONE OF THIS SUBDIVISION, THE FBI POSI-
   34  TIVELY IDENTIFIES THE SUBJECT AS HAVING A III SYSTEM-INDEXED  RECORD  OR
   35  RECORDS:
   36    A. THE FBI SHALL SO ADVISE THE STATE CRIMINAL HISTORY RECORD REPOSITO-
   37  RY; AND
   38    B.  THE  STATE CRIMINAL HISTORY RECORD REPOSITORY SHALL BE ENTITLED TO
   39  OBTAIN THE ADDITIONAL CRIMINAL HISTORY RECORD INFORMATION FROM  THE  FBI
   40  OR OTHER STATE CRIMINAL HISTORY RECORD REPOSITORIES.

   41                ARTICLE VI--ESTABLISHMENT OF COMPACT COUNCIL

   42    (A)  1.  IN GENERAL, THERE IS ESTABLISHED A COUNCIL TO BE KNOWN AS THE
   43  "COMPACT COUNCIL", WHICH SHALL HAVE THE AUTHORITY  TO  PROMULGATE  RULES
   44  AND  PROCEDURES  GOVERNING  THE  USE  OF  THE III SYSTEM FOR NONCRIMINAL
   45  JUSTICE PURPOSES, NOT TO CONFLICT WITH FBI  ADMINISTRATION  OF  THE  III
   46  SYSTEM FOR CRIMINAL JUSTICE PURPOSES.
   47    2. THE COUNCIL SHALL:
   48    A. CONTINUE IN EXISTENCE AS LONG AS THIS COMPACT REMAINS IN EFFECT;
   49    B. BE LOCATED, FOR ADMINISTRATIVE PURPOSES, WITHIN THE FBI; AND
   50    C.  BE  ORGANIZED  AND  HOLD  ITS FIRST MEETING AS SOON AS PRACTICABLE
   51  AFTER THE EFFECTIVE DATE OF THIS COMPACT.
   52    (B) THE COUNCIL SHALL BE COMPOSED OF FIFTEEN  MEMBERS,  EACH  OF  WHOM
   53  SHALL BE APPOINTED BY THE ATTORNEY GENERAL, AS FOLLOWS:
       S. 2605--D                         14                         A. 3005--D

    1    1.  NINE  MEMBERS, EACH OF WHOM SHALL SERVE A TWO-YEAR TERM, WHO SHALL
    2  BE SELECTED FROM AMONG THE COMPACT OFFICERS OF PARTY STATES BASED ON THE
    3  RECOMMENDATION OF THE COMPACT OFFICERS OF ALL PARTY STATES, EXCEPT THAT,
    4  IN THE ABSENCE OF THE REQUISITE NUMBER OF COMPACT OFFICERS AVAILABLE  TO
    5  SERVE, THE CHIEF ADMINISTRATORS OF THE CRIMINAL HISTORY RECORD REPOSITO-
    6  RIES OF NONPARTY STATES SHALL BE ELIGIBLE TO SERVE ON AN INTERIM BASIS.
    7    2. TWO AT-LARGE MEMBERS, NOMINATED BY THE DIRECTOR OF THE FBI, EACH OF
    8  WHOM SHALL SERVE A THREE-YEAR TERM, OF WHOM:
    9    A.  ONE  SHALL BE A REPRESENTATIVE OF THE CRIMINAL JUSTICE AGENCIES OF
   10  THE FEDERAL GOVERNMENT AND MAY NOT BE AN EMPLOYEE OF THE FBI; AND
   11    B. ONE SHALL BE A REPRESENTATIVE OF THE NONCRIMINAL  JUSTICE  AGENCIES
   12  OF THE FEDERAL GOVERNMENT.
   13    3.  TWO  AT-LARGE  MEMBERS,  NOMINATED BY THE CHAIRMAN OF THE COUNCIL,
   14  ONCE THE CHAIRMAN IS ELECTED PURSUANT TO SUBDIVISION (C) OF  THIS  ARTI-
   15  CLE, EACH OF WHOM SHALL SERVE A THREE-YEAR TERM, OF WHOM:
   16    A.  ONE  SHALL  BE A REPRESENTATIVE OF STATE OR LOCAL CRIMINAL JUSTICE
   17  AGENCIES; AND
   18    B. ONE SHALL BE A REPRESENTATIVE OF STATE OR LOCAL NONCRIMINAL JUSTICE
   19  AGENCIES.
   20    4. ONE MEMBER, WHO SHALL SERVE A THREE-YEAR TERM, AND WHO SHALL SIMUL-
   21  TANEOUSLY BE A MEMBER OF THE FBI'S ADVISORY  POLICY  BOARD  ON  CRIMINAL
   22  JUSTICE INFORMATION SERVICES, NOMINATED BY THE MEMBERSHIP OF THAT POLICY
   23  BOARD.
   24    5. ONE MEMBER, NOMINATED BY THE DIRECTOR OF THE FBI, WHO SHALL SERVE A
   25  THREE-YEAR TERM, AND WHO SHALL BE AN EMPLOYEE OF THE FBI.
   26    (C)  1.  IN  GENERAL,  FROM  ITS MEMBERSHIP, THE COUNCIL SHALL ELECT A
   27  CHAIRMAN AND A VICE CHAIRMAN OF  THE  COUNCIL,  RESPECTIVELY.  BOTH  THE
   28  CHAIRMAN AND VICE CHAIRMAN OF THE COUNCIL:
   29    A.  SHALL  BE A COMPACT OFFICER, UNLESS THERE IS NO COMPACT OFFICER ON
   30  THE COUNCIL WHO IS WILLING TO SERVE, IN WHICH CASE THE CHAIRMAN  MAY  BE
   31  AN AT-LARGE MEMBER; AND
   32    B.  SHALL SERVE A TWO-YEAR TERM AND MAY BE REELECTED TO ONLY ONE ADDI-
   33  TIONAL TWO-YEAR TERM.
   34    2.  THE VICE CHAIRMAN OF THE COUNCIL SHALL SERVE AS  THE  CHAIRMAN  OF
   35  THE COUNCIL IN THE ABSENCE OF THE CHAIRMAN.
   36    (D)  1.  IN GENERAL, THE COUNCIL SHALL MEET AT LEAST ONCE EACH YEAR AT
   37  THE CALL OF THE CHAIRMAN. EACH MEETING OF THE COUNCIL SHALL BE  OPEN  TO
   38  THE PUBLIC. THE COUNCIL SHALL PROVIDE PRIOR PUBLIC NOTICE IN THE FEDERAL
   39  REGISTER  OF  EACH  MEETING  OF THE COUNCIL, INCLUDING THE MATTERS TO BE
   40  ADDRESSED AT SUCH MEETING.
   41    2.  A MAJORITY OF THE COUNCIL OR ANY COMMITTEE OF  THE  COUNCIL  SHALL
   42  CONSTITUTE  A  QUORUM OF THE COUNCIL OR OF SUCH COMMITTEE, RESPECTIVELY,
   43  FOR THE CONDUCT OF BUSINESS. A LESSER NUMBER MAY MEET TO HOLD  HEARINGS,
   44  TAKE TESTIMONY, OR CONDUCT ANY BUSINESS NOT REQUIRING A VOTE.
   45    (E) THE COUNCIL SHALL MAKE AVAILABLE FOR PUBLIC INSPECTION AND COPYING
   46  AT  THE  COUNCIL OFFICE WITHIN THE FBI, AND SHALL PUBLISH IN THE FEDERAL
   47  REGISTER, ANY RULES, PROCEDURES, OR STANDARDS ESTABLISHED BY  THE  COUN-
   48  CIL.
   49    (F)  THE  COUNCIL  MAY  REQUEST  FROM  THE  FBI SUCH REPORTS, STUDIES,
   50  STATISTICS, OR OTHER INFORMATION OR MATERIALS AS THE COUNCIL  DETERMINES
   51  TO  BE  NECESSARY TO ENABLE THE COUNCIL TO PERFORM ITS DUTIES UNDER THIS
   52  COMPACT. THE FBI, TO THE EXTENT AUTHORIZED  BY  LAW,  MAY  PROVIDE  SUCH
   53  ASSISTANCE OR INFORMATION UPON SUCH A REQUEST.
   54    (G)  THE  CHAIRMAN  MAY ESTABLISH COMMITTEES AS NECESSARY TO CARRY OUT
   55  THIS COMPACT AND MAY PRESCRIBE THEIR MEMBERSHIP,  RESPONSIBILITIES,  AND
   56  DURATION.
       S. 2605--D                         15                         A. 3005--D

    1                    ARTICLE VII--RATIFICATION OF COMPACT

    2    THIS  COMPACT SHALL TAKE EFFECT UPON BEING ENTERED INTO BY TWO OR MORE
    3  STATES AS BETWEEN THOSE STATES AND THE FEDERAL GOVERNMENT.  UPON  SUBSE-
    4  QUENT  ENTERING  INTO THIS COMPACT BY ADDITIONAL STATES, IT SHALL BECOME
    5  EFFECTIVE AMONG THOSE STATES AND THE FEDERAL GOVERNMENT AND  EACH  PARTY
    6  STATE THAT HAS PREVIOUSLY RATIFIED IT. WHEN RATIFIED, THIS COMPACT SHALL
    7  HAVE  THE  FULL  FORCE  AND EFFECT OF LAW WITHIN THE RATIFYING JURISDIC-
    8  TIONS. THE FORM OF RATIFICATION SHALL BE IN ACCORDANCE WITH THE LAWS  OF
    9  THE EXECUTING STATE.

   10                   ARTICLE VIII--MISCELLANEOUS PROVISIONS

   11    (A)  ADMINISTRATION  OF  THIS  COMPACT  SHALL  NOT  INTERFERE WITH THE
   12  MANAGEMENT AND CONTROL OF  THE  DIRECTOR  OF  THE  FBI  OVER  THE  FBI'S
   13  COLLECTION  AND  DISSEMINATION OF CRIMINAL HISTORY RECORDS AND THE ADVI-
   14  SORY FUNCTION OF THE FBI'S ADVISORY POLICY  BOARD  CHARTERED  UNDER  THE
   15  FEDERAL  ADVISORY  COMMITTEE  ACT (5 U.S.C. APP.) FOR ALL PURPOSES OTHER
   16  THAN NONCRIMINAL JUSTICE.
   17    (B) NOTHING IN THIS COMPACT SHALL  REQUIRE  THE  FBI  TO  OBLIGATE  OR
   18  EXPEND FUNDS BEYOND THOSE APPROPRIATED TO THE FBI.
   19    (C)  NOTHING IN THIS COMPACT SHALL DIMINISH OR LESSEN THE OBLIGATIONS,
   20  RESPONSIBILITIES, AND AUTHORITIES OF ANY STATE, WHETHER A PARTY STATE OR
   21  A NONPARTY STATE, OR OF ANY CRIMINAL HISTORY RECORD REPOSITORY OR  OTHER
   22  SUBDIVISION  OR  COMPONENT  THEREOF,  UNDER  THE  DEPARTMENTS  OF STATE,
   23  JUSTICE, AND COMMERCE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION
   24  ACT, 1973 (PUBLIC LAW 92-544), OR REGULATIONS AND GUIDELINES PROMULGATED
   25  THEREUNDER, INCLUDING THE RULES AND PROCEDURES PROMULGATED BY THE  COUN-
   26  CIL  UNDER  SUBDIVISION (A) OF ARTICLE VI, REGARDING THE USE AND DISSEM-
   27  INATION OF CRIMINAL HISTORY RECORDS AND INFORMATION.

   28                          ARTICLE IX--RENUNCIATION

   29    (A) IN GENERAL,  THIS  COMPACT  SHALL  BIND  EACH  PARTY  STATE  UNTIL
   30  RENOUNCED BY THE PARTY STATE.
   31    (B) ANY RENUNCIATION OF THIS COMPACT BY A PARTY STATE SHALL:
   32    1.  BE  EFFECTED  IN THE SAME MANNER BY WHICH THE PARTY STATE RATIFIED
   33  THIS COMPACT; AND
   34    2. BECOME EFFECTIVE ONE HUNDRED EIGHTY DAYS AFTER  WRITTEN  NOTICE  OF
   35  RENUNCIATION  IS  PROVIDED  BY THE PARTY STATE TO EACH OTHER PARTY STATE
   36  AND TO THE FEDERAL GOVERNMENT.

   37                           ARTICLE X--SEVERABILITY

   38    THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND IF ANY  PHRASE,
   39  CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS DECLARED TO BE CONTRA-
   40  RY  TO  THE CONSTITUTION OF ANY PARTICIPATING STATE, OR TO THE CONSTITU-
   41  TION OF THE UNITED STATES, OR THE APPLICABILITY THEREOF TO  ANY  GOVERN-
   42  MENT,  AGENCY,  PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF
   43  THE REMAINDER OF THIS COMPACT  AND  THE  APPLICABILITY  THEREOF  TO  ANY
   44  GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE SHALL NOT BE AFFECTED THERE-
   45  BY. IF A PORTION OF THIS COMPACT IS HELD CONTRARY TO THE CONSTITUTION OF
   46  ANY PARTY STATE, ALL OTHER PORTIONS OF THIS COMPACT SHALL REMAIN IN FULL
   47  FORCE  AND EFFECT AS TO THE REMAINING PARTY STATES AND IN FULL FORCE AND
   48  EFFECT AS TO THE PARTY STATE AFFECTED, AS TO ALL OTHER PROVISIONS.
       S. 2605--D                         16                         A. 3005--D

    1                    ARTICLE XI--ADJUDICATION OF DISPUTES

    2    (A) THE COUNCIL SHALL:
    3    1.  HAVE  INITIAL AUTHORITY TO MAKE DETERMINATIONS WITH RESPECT TO ANY
    4  DISPUTE REGARDING:
    5    A. INTERPRETATION OF THIS COMPACT;
    6    B. ANY RULE OR STANDARD ESTABLISHED BY THE COUNCIL PURSUANT TO ARTICLE
    7  VI; AND
    8    C. ANY DISPUTE OR CONTROVERSY BETWEEN ANY PARTIES TO THIS COMPACT; AND
    9    2. HOLD A HEARING CONCERNING ANY DISPUTE DESCRIBED IN PARAGRAPH ONE OF
   10  THIS SUBDIVISION AT A REGULARLY SCHEDULED MEETING  OF  THE  COUNCIL  AND
   11  ONLY  RENDER A DECISION BASED UPON A MAJORITY VOTE OF THE MEMBERS OF THE
   12  COUNCIL.  SUCH DECISION SHALL BE PUBLISHED PURSUANT TO THE  REQUIREMENTS
   13  OF SUBDIVISION (E) OF ARTICLE VI.
   14    (B)  THE FBI SHALL EXERCISE IMMEDIATE AND NECESSARY ACTION TO PRESERVE
   15  THE INTEGRITY OF THE III SYSTEM, MAINTAIN SYSTEM POLICY  AND  STANDARDS,
   16  PROTECT  THE  ACCURACY  AND  PRIVACY  OF RECORDS, AND TO PREVENT ABUSES,
   17  UNTIL THE COUNCIL HOLDS A HEARING ON SUCH MATTERS.
   18    (C) THE FBI OR A PARTY STATE MAY APPEAL ANY DECISION OF THE COUNCIL TO
   19  THE ATTORNEY GENERAL, AND THEREAFTER MAY FILE SUIT  IN  THE  APPROPRIATE
   20  DISTRICT COURT OF THE UNITED STATES, WHICH SHALL HAVE ORIGINAL JURISDIC-
   21  TION OF ALL CASES OR CONTROVERSIES ARISING UNDER THIS COMPACT.  ANY SUIT
   22  ARISING  UNDER  THIS  COMPACT  AND  INITIATED  IN A STATE COURT SHALL BE
   23  REMOVED TO THE APPROPRIATE DISTRICT COURT OF THE UNITED  STATES  IN  THE
   24  MANNER   PROVIDED   BY  SECTION  FOURTEEN  HUNDRED  FORTY-SIX  OF  TITLE
   25  TWENTY-EIGHT OF THE UNITED STATES CODE, OR OTHER STATUTORY AUTHORITY.
   26    S 2. This act shall take effect immediately.

   27                                   PART E

   28    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
   29  correction  law  relating to the psychological testing of candidates, as
   30  amended by section 1 of part A of chapter 57 of the  laws  of  2011,  is
   31  amended to read as follows:
   32    S 2. This act shall take effect on the one hundred eightieth day after
   33  it shall have become a law and shall remain in effect until September 1,
   34  [2013] 2015.
   35    S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
   36  tive  law  and  the  criminal  procedure  law  relating to expanding the
   37  geographic area of employment of certain police officers, as amended  by
   38  section  2  of  part  A of chapter 57 of the laws of 2011, is amended to
   39  read as follows:
   40    S 3. This act shall take effect on the  first  day  of  November  next
   41  succeeding  the  date  on  which  it  shall have become a law, and shall
   42  remain in effect until the first day of September, [2013] 2015, when  it
   43  shall expire and be deemed repealed.
   44    S  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
   45  correction law and the penal  law  relating  to  prisoner  furloughs  in
   46  certain  cases  and  the  crime  of  absconding therefrom, as amended by
   47  section 3 of part A of chapter 57 of the laws of  2011,  is  amended  to
   48  read as follows:
   49    S  3.  This act shall take effect 60 days after it shall have become a
   50  law and shall remain in effect until September 1, [2013] 2015.
   51    S 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
   52  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
   53  other  chapters and laws relating to correctional facilities, as amended
       S. 2605--D                         17                         A. 3005--D

    1  by section 4 of part A of chapter 57 of the laws of 2011, is amended  to
    2  read as follows:
    3    S 20. This act shall take effect immediately except that section thir-
    4  teen  of  this  act shall expire and be of no further force or effect on
    5  and after September 1, [2013]  2015  and  shall  not  apply  to  persons
    6  committed to the custody of the department after such date, and provided
    7  further that the commissioner of correctional services shall report each
    8  January  first and July first during such time as the earned eligibility
    9  program is in effect, to the chairmen of the senate crime victims, crime
   10  and correction committee,  the  senate  codes  committee,  the  assembly
   11  correction committee, and the assembly codes committee, the standards in
   12  effect  for  earned  eligibility  during the prior six-month period, the
   13  number of inmates subject to the provisions of earned  eligibility,  the
   14  number  who  actually received certificates of earned eligibility during
   15  that period of time, the number of inmates  with  certificates  who  are
   16  granted  parole  upon  their  first consideration for parole, the number
   17  with certificates who are denied parole upon their first  consideration,
   18  and the number of individuals granted and denied parole who did not have
   19  earned eligibility certificates.
   20    S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
   21  amending  the tax law and other laws relating to taxes, surcharges, fees
   22  and funding, as amended by section 5 of part A of chapter 57 of the laws
   23  of 2011, is amended to read as follows:
   24    (q) the provisions of section two  hundred  eighty-four  of  this  act
   25  shall  remain in effect until September 1, [2013] 2015 and be applicable
   26  to all persons entering the program on or before August 31, [2013] 2015.
   27    S 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
   28  correction  law  and  the  penal  law  relating  to inmate work release,
   29  furlough and leave, as amended by section 6 of part A of chapter  57  of
   30  the laws of 2011, is amended to read as follows:
   31    S  10. This act shall take effect 30 days after it shall have become a
   32  law and shall remain in effect  until  September  1,  [2013]  2015,  and
   33  provided  further  that  the commissioner of correctional services shall
   34  report each January first, and July first, to the chairman of the senate
   35  crime victims, crime and correction committee, the senate codes  commit-
   36  tee,  the  assembly correction committee, and the assembly codes commit-
   37  tee, the number of eligible inmates in each facility under  the  custody
   38  and  control  of  the commissioner who have applied for participation in
   39  any program offered under the provisions of work release,  furlough,  or
   40  leave, and the number of such inmates who have been approved for partic-
   41  ipation.
   42    S  7.  Subdivision (c) of section 46 of chapter 60 of the laws of 1994
   43  relating to certain provisions which impact upon expenditure of  certain
   44  appropriations made by chapter 50 of the laws of 1994 enacting the state
   45  operations  budget,  as  amended by section 7 of part A of chapter 57 of
   46  the laws of 2011, is amended to read as follows:
   47    (c) sections forty-one and forty-two of this act shall expire  Septem-
   48  ber  1,  [2013] 2015; provided, that the provisions of section forty-two
   49  of this act shall apply to inmates entering the work release program  on
   50  or after such effective date; and
   51    S  8.    Subdivision h of section 74 of chapter 3 of the laws of 1995,
   52  amending the correction law and other laws relating to the incarceration
   53  fee, as amended by section 9 of part A of chapter  57  of  the  laws  of
   54  2011, is amended to read as follows:
   55    h.  Section fifty-two of this act shall be deemed to have been in full
   56  force and effect on and after April 1, 1995; provided, however, that the
       S. 2605--D                         18                         A. 3005--D

    1  provisions of section 189 of the correction law, as amended  by  section
    2  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
    3  as  amended by section fifty-six of this act, and section fifty-seven of
    4  this  act shall expire September 1, [2013] 2015, when upon such date the
    5  amendments to the correction law and penal law made by  sections  fifty-
    6  five  and  fifty-six  of  this act shall revert to and be read as if the
    7  provisions of this act had not been  enacted;  provided,  however,  that
    8  sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
    9  deemed to have been in full force and effect on and after March 1,  1995
   10  and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
   11  provisions of subsection (e) of section 9110 of the  insurance  law  and
   12  subdivision  2  of section 89-d of the state finance law shall revert to
   13  and be read as set out in law on  the  date  immediately  preceding  the
   14  effective date of sections sixty-two and sixty-three of this act;
   15    S  9.  Subdivision (c) of section 49 of subpart A of part C of chapter
   16  62 of the laws of 2011 amending the correction  law  and  the  executive
   17  law,  relating  to  merging  the department of correctional services and
   18  division of parole into the  department  of  corrections  and  community
   19  supervision, is amended to read as follows:
   20    (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
   21  correction law as added by section thirty-two of this act  shall  remain
   22  in  effect  until  September 1, [2013] 2015, when it shall expire and be
   23  deemed repealed;
   24    S 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
   25  1992, amending the tax law and other laws relating to taxes, surcharges,
   26  fees  and  funding,  as amended by section 11 of part A of chapter 57 of
   27  the laws of 2011, is amended to read as follows:
   28    (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
   29  hundred  eighty-three  and  three  hundred eighty-four of this act shall
   30  expire on September 1, [2013] 2015;
   31    S 11. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
   32  correction  law,  the New York city criminal court act and the executive
   33  law relating to prison and jail housing and  alternatives  to  detention
   34  and  incarceration programs, as amended by section 12 of part A of chap-
   35  ter 57 of the laws of 2011, is amended to read as follows:
   36    S 12.  This  act  shall  take  effect  immediately,  except  that  the
   37  provisions  of sections one through ten of this act shall remain in full
   38  force and effect until September 1, [2013]  2015  on  which  date  those
   39  provisions shall be deemed to be repealed.
   40    S  12.    Subdivision (p) of section 406 of chapter 166 of the laws of
   41  1991, amending the tax law and other laws relating to taxes, as  amended
   42  by section 13 of part A of chapter 57 of the laws of 2011, is amended to
   43  read as follows:
   44    (p) The amendments to section 1809 of the vehicle and traffic law made
   45  by sections three hundred thirty-seven and three hundred thirty-eight of
   46  this  act  shall not apply to any offense committed prior to such effec-
   47  tive date; provided, further, that section three  hundred  forty-one  of
   48  this act shall take effect immediately and shall expire November 1, 1993
   49  at  which  time  it  shall  be  deemed  repealed; sections three hundred
   50  forty-five and three hundred forty-six of this  act  shall  take  effect
   51  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
   52  six, three hundred fifty-seven and three hundred fifty-nine of this  act
   53  shall  take  effect immediately and shall expire June 30, 1995 and shall
   54  revert to and be read as if this act had not been enacted; section three
   55  hundred fifty-eight of this act shall take effect immediately and  shall
   56  expire  June 30, 1998 and shall revert to and be read as if this act had
       S. 2605--D                         19                         A. 3005--D

    1  not been enacted; section three hundred sixty-four through three hundred
    2  sixty-seven of this act shall apply to claims filed  on  or  after  such
    3  effective  date; sections three hundred sixty-nine, three hundred seven-
    4  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
    5  hundred seventy-five and three hundred seventy-six  of  this  act  shall
    6  remain  in  effect  until  September  1, [2013] 2015, at which time they
    7  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
    8  surcharge  provided  in  section  three hundred seventy-four of this act
    9  shall apply to parking violations occurring on or after  said  effective
   10  date;  and  provided  further that the amendments made to section 235 of
   11  the vehicle and traffic law by section three hundred seventy-two of this
   12  act, the amendments made to section 1809 of the vehicle and traffic  law
   13  by sections three hundred thirty-seven and three hundred thirty-eight of
   14  this  act  and  the amendments made to section 215-a of the labor law by
   15  section three hundred seventy-five of this act shall expire on September
   16  1, [2013] 2015 and upon such date the provisions  of  such  subdivisions
   17  and  sections  shall  revert to and be read as if the provisions of this
   18  act had not been enacted; the amendments to  subdivisions  2  and  3  of
   19  section  400.05 of the penal law made by sections three hundred seventy-
   20  seven and three hundred seventy-eight of this act shall expire  on  July
   21  1,  1992  and  upon  such date the provisions of such subdivisions shall
   22  revert and shall be read as if the provisions of this act had  not  been
   23  enacted;  the  state board of law examiners shall take such action as is
   24  necessary to assure that all applicants for examination for admission to
   25  practice as an attorney and counsellor at law shall  pay  the  increased
   26  examination fee provided for by the amendment made to section 465 of the
   27  judiciary  law by section three hundred eighty of this act for any exam-
   28  ination given on or after the effective date of this act notwithstanding
   29  that an applicant for such examination may have prepaid a lesser fee for
   30  such examination as required by the provisions of such section 465 as of
   31  the date prior to the effective date of  this  act;  the  provisions  of
   32  section  306-a  of  the civil practice law and rules as added by section
   33  three hundred eighty-one of this act shall apply to all actions  pending
   34  on  or  commenced on or after September 1, 1991, provided, however, that
   35  for the purposes of this section service of such summons made  prior  to
   36  such  date  shall be deemed to have been completed on September 1, 1991;
   37  the provisions of section three hundred eighty-three of this  act  shall
   38  apply  to  all  money  deposited  in  connection  with  a cash bail or a
   39  partially secured bail bond on or after such  effective  date;  and  the
   40  provisions  of  sections  three  hundred  eighty-four  and three hundred
   41  eighty-five of this act shall  apply  only  to  jury  service  commenced
   42  during  a judicial term beginning on or after the effective date of this
   43  act; provided, however, that nothing contained herein shall be deemed to
   44  affect the application,  qualification,  expiration  or  repeal  of  any
   45  provision  of law amended by any section of this act and such provisions
   46  shall be applied or qualified or shall expire or be deemed  repealed  in
   47  the same manner, to the same extent and on the same date as the case may
   48  be as otherwise provided by law;
   49    S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
   50  amended  by  section  14 of part A of chapter 57 of the laws of 2011, is
   51  amended to read as follows:
   52    8. The provisions of this section shall only apply to offenses commit-
   53  ted on or before September first, two thousand [thirteen] FIFTEEN.
   54    S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
   55  cle and traffic law relating to the ignition interlock  device  program,
       S. 2605--D                         20                         A. 3005--D

    1  as amended by section 15 of part A of chapter 57 of the laws of 2011, is
    2  amended to read as follows:
    3    S  6.  This  act  shall  take  effect  on  the first day of April next
    4  succeeding the date on which it  shall  have  become  a  law;  provided,
    5  however,  that  effective immediately, the addition, amendment or repeal
    6  of any rule or regulation necessary for the implementation of the  fore-
    7  going  sections  of  this  act on their effective date is authorized and
    8  directed to be made and completed on or before such effective  date  and
    9  shall  remain in full force and effect until the first day of September,
   10  [2013] 2015 when upon such date the provisions  of  this  act  shall  be
   11  deemed repealed.
   12    S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
   13  laws of 1997, amending the military law and other laws relating to vari-
   14  ous  provisions, as amended by section 16 of part A of chapter 57 of the
   15  laws of 2011, is amended to read as follows:
   16    a. sections forty-three through forty-five of this  act  shall  expire
   17  and be deemed repealed on September 1, [2013] 2015;
   18    S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
   19  the civil practice law and rules and the court of claims act relating to
   20  prisoner  litigation reform, as amended by section 17 of part A of chap-
   21  ter 57 of the laws of 2011, is amended to read as follows:
   22    S 4. This act shall take effect 120 days after it shall have become  a
   23  law  and shall remain in full force and effect until September 1, [2013]
   24  2015, when upon such date it shall expire.
   25    S 17. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
   26  constituting  the  family  protection and domestic violence intervention
   27  act of 1994, as amended by section 18 of part A of  chapter  57  of  the
   28  laws of 2011, is amended to read as follows:
   29    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
   30  added by section thirty-two of this act shall  take  effect  January  1,
   31  1996  and  shall  expire  and  be deemed repealed on September 1, [2013]
   32  2015.
   33    S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
   34  inal procedure law relating to the use of closed-circuit television  and
   35  other  protective  measures  for  certain child witnesses, as amended by
   36  section 19 of part A of chapter 57 of the laws of 2011,  is  amended  to
   37  read as follows:
   38    S  5.  This  act  shall take effect immediately and shall apply to all
   39  criminal actions and proceedings commenced prior to the  effective  date
   40  of  this  act  but  still  pending  on such date as well as all criminal
   41  actions and proceedings commenced on or after such  effective  date  and
   42  its provisions shall expire on  September 1, [2013] 2015, when upon such
   43  date the provisions of this act shall be deemed repealed.
   44    S  19.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
   45  enacting the sentencing reform act of 1995, as amended by section 20  of
   46  part A of chapter 57 of the laws of 2011, is amended to read as follows:
   47    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
   48  thirty through thirty-nine, forty-two and forty-four of this  act  shall
   49  be deemed repealed on September 1, [2013] 2015;
   50    S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
   51  nal  procedure  law  relating  to electronic court appearance in certain
   52  counties, as amended by section 21 of part A of chapter 57 of  the  laws
   53  of 2011, is amended to read as follows:
   54    S  2.  This  act  shall  take  effect  immediately,  except  that  the
   55  provisions of this act shall be deemed to have been in  full  force  and
   56  effect  since  July  1, 1992 and the provisions of this act shall expire
       S. 2605--D                         21                         A. 3005--D

    1  September 1, [2013] 2015 when upon such date the provisions of this  act
    2  shall be deemed repealed.
    3    S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    4  utive law relating to enacting the interstate compact for adult offender
    5  supervision,  as  amended  by  section 22 of part A of chapter 57 of the
    6  laws of 2011, is amended to read as follows:
    7    S 3. This act shall take effect immediately, except that  section  one
    8  of  this  act  shall take effect on the first of January next succeeding
    9  the date on which it shall have become a law, and shall remain in effect
   10  until the first of September, [2013] 2015,  upon  which  date  this  act
   11  shall  be deemed repealed and have no further force and effect; provided
   12  that section one of this act shall only take effect with respect to  any
   13  compacting  state  which  has  enacted  an  interstate  compact entitled
   14  "Interstate compact for adult offender supervision" and having an  iden-
   15  tical  effect  to  that  added  by  section one of this act and provided
   16  further that with respect to any such compacting state, upon the  effec-
   17  tive date of section one of this act, section 259-m of the executive law
   18  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
   19  added by section one of  this  act,  shall  take  effect;  and  provided
   20  further  that  with respect to any state which has not enacted an inter-
   21  state compact entitled "Interstate compact  for  adult  offender  super-
   22  vision"  and  having an identical effect to that added by section one of
   23  this act, section 259-m of the executive law shall take effect  and  the
   24  provisions  of  section one of this act, with respect to any such state,
   25  shall have no force or effect until such time as such state shall  adopt
   26  an  interstate  compact  entitled "Interstate compact for adult offender
   27  supervision" and having an identical effect to that added by section one
   28  of this act in which case, with respect to such state,  effective  imme-
   29  diately,  section  259-m  of  the  executive  law is deemed repealed and
   30  section 259-mm of the executive law, as added by  section  one  of  this
   31  act, shall take effect.
   32    S  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
   33  the correction law relating to limiting the closing of  certain  correc-
   34  tional  facilities,  providing  for  the  custody  by  the department of
   35  correctional services of inmates serving definite  sentences,  providing
   36  for  custody  of  federal prisoners and requiring the closing of certain
   37  correctional facilities, as amended by section 23 of part A  of  chapter
   38  57 of the laws of 2011, is amended to read as follows:
   39    S  8.  This  act shall take effect immediately; provided, however that
   40  sections five and six of this act shall expire and  be  deemed  repealed
   41  September 1, [2013] 2015.
   42    S  23. Section 3 of part C of chapter 152 of the laws of 2001 amending
   43  the military law relating to military funds of the organized militia, as
   44  amended by section 25 of part A of chapter 57 of the laws  of  2011,  is
   45  amended to read as follows:
   46    S  3.  This act shall take effect on the same date as the reversion of
   47  subdivision 5 of section 183 and subdivision 1 of  section  221  of  the
   48  military  law  as  provided  by section 76 of chapter 435 of the laws of
   49  1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
   50  standing this act shall be deemed to have been in full force and  effect
   51  on  and  after  July  31, 2005 and shall remain in full force and effect
   52  until September 1, [2013] 2015  when  upon  such  date  this  act  shall
   53  expire.
   54    S  24.  Section  5  of  chapter  554 of the laws of 1986, amending the
   55  correction law and the penal law relating  to  providing  for  community
   56  treatment  facilities  and establishing the crime of absconding from the
       S. 2605--D                         22                         A. 3005--D

    1  community treatment facility, as amended by section 8 of part A of chap-
    2  ter 57 of the laws of 2011, is amended to read as follows:
    3    S  5.  This act shall take effect immediately and shall remain in full
    4  force and effect until September 1, [2013] 2015,  and  provided  further
    5  that the commissioner of correctional services shall report each January
    6  first  and July first during such time as this legislation is in effect,
    7  to the chairmen of  the  senate  crime  victims,  crime  and  correction
    8  committee,  the  senate codes committee, the assembly correction commit-
    9  tee, and the assembly codes committee, the number of individuals who are
   10  released to community treatment facilities during the previous six-month
   11  period, including the total number for each date at  each  facility  who
   12  are  not residing within the facility, but who are required to report to
   13  the facility on a daily or less frequent basis.
   14    S 25. This act shall take effect immediately.

   15                                   PART F

   16    Section 1. Section 2 of part H of chapter 503  of  the  laws  of  2009
   17  relating  to  the  disposition  of  monies  recovered by county district
   18  attorneys before the filing of an accusatory instrument, as  amended  by
   19  section  1  of  part  F of chapter 55 of the laws of 2012, is amended to
   20  read as follows:
   21    S 2. This act shall take effect immediately and shall remain  in  full
   22  force  and  effect until March 31, [2013] 2014, when it shall expire and
   23  be deemed repealed.
   24    S 2. This act shall take effect immediately and  shall  be  deemed  to
   25  have been in full force and effect on and after March 31, 2013.

   26                                   PART G
   27                            Intentionally omitted

   28                                   PART H
   29                            Intentionally Omitted

   30                                   PART I

   31    Section  1.  The  state finance law is amended by adding a new section
   32  99-u to read as follows:
   33    S 99-U. NEW YORK STATE GAMING COMMISSION ACCOUNT. 1. THERE  IS  HEREBY
   34  ESTABLISHED  IN  THE  JOINT CUSTODY OF THE COMPTROLLER AND THE EXECUTIVE
   35  DIRECTOR OF THE NEW YORK STATE  GAMING  COMMISSION  AN  ACCOUNT  IN  THE
   36  MISCELLANEOUS  SPECIAL  REVENUE  FUND TO BE KNOWN AS THE "NEW YORK STATE
   37  GAMING COMMISSION ACCOUNT".
   38    2. SUCH ACCOUNT SHALL CONSIST OF MONEYS TRANSFERRED THERETO  FROM  THE
   39  STATE  LOTTERY  FUND  ADMINISTRATION  ACCOUNT,  THE REGULATION OF RACING
   40  ACCOUNT, THE BELL JAR COLLECTION ACCOUNT OR  THE  REGULATION  OF  INDIAN
   41  GAMING ACCOUNT.
   42    3. IN NO CIRCUMSTANCE SHALL NET PROCEEDS OF THE LOTTERY, INCLUDING THE
   43  PROCEEDS  FROM VIDEO LOTTERY GAMING, BE USED FOR THE PAYMENT OF NON-LOT-
   44  TERY EXPENSES OF THE  NEW  YORK  GAMING  COMMISSION,  ADMINISTRATIVE  OR
   45  OTHERWISE.
   46    4. ALL MONEYS IN THE NEW YORK STATE GAMING COMMISSION ACCOUNT SHALL BE
   47  AVAILABLE,  SUBJECT  TO APPROPRIATION, FOR THE PAYMENT OF ADMINISTRATIVE
   48  EXPENSES OF THE NEW YORK STATE GAMING COMMISSION.
       S. 2605--D                         23                         A. 3005--D

    1    S 2. This act shall take effect immediately and  shall  be  deemed  to
    2  have been in full force and effect on and after February 1, 2013.

    3                                   PART J

    4    Section  1. Paragraphs 2 and 3 of subdivision b of section 1612 of the
    5  tax law, as amended by section 1 of part O1 of chapter 57 of the laws of
    6  2009, are amended to read as follows:
    7    2. As consideration for the operation of a video lottery gaming facil-
    8  ity, the division, shall cause the investment in the racing industry  of
    9  a  portion  of the vendor fee received pursuant to paragraph one of this
   10  subdivision in the manner set forth  in  this  subdivision.    With  the
   11  exception  of  Aqueduct  racetrack,  each  such  track  shall dedicate a
   12  portion of its vendor fees, received pursuant to clause (A),  (B),  (C),
   13  (D),  (E),  (F),  or  (G)  of subparagraph (ii) of paragraph one of this
   14  subdivision, solely for the purpose of enhancing purses at  such  track,
   15  in  an  amount  equal  to  eight and three-quarters percent of the total
   16  revenue wagered at the vendor track after  pay  out  for  prizes.    ONE
   17  PERCENT  OF  SUCH  PURSE  ENHANCEMENT AMOUNT SHALL BE PAID TO THE GAMING
   18  COMMISSION TO BE USED EXCLUSIVELY TO PROMOTE AND  ENSURE  EQUINE  HEALTH
   19  AND  SAFETY  IN  NEW  YORK.  ANY  PORTION  OF SUCH FUNDING TO THE GAMING
   20  COMMISSION UNUSED DURING A FISCAL YEAR SHALL BE RETURNED  TO  THE  VIDEO
   21  LOTTERY  GAMING  OPERATORS  ON  A  PRO RATA BASIS IN ACCORDANCE WITH THE
   22  AMOUNTS ORIGINALLY CONTRIBUTED BY EACH OPERATOR AND SHALL  BE  USED  FOR
   23  THE  PURPOSE  OF  ENHANCING  PURSES AT SUCH TRACK. In addition, with the
   24  exception of Aqueduct racetrack, one and one-quarter  percent  of  total
   25  revenue  wagered  at the vendor track after pay out for prizes, received
   26  pursuant to clause (A), (B), (C), (D), (E), (F), or (G) of  subparagraph
   27  (ii)  of  paragraph one of this subdivision, shall be distributed to the
   28  appropriate breeding fund for the manner of  racing  conducted  by  such
   29  track.
   30    Provided,  further,  that nothing in this paragraph shall prevent each
   31  track from entering into an agreement, not to exceed  five  years,  with
   32  the  organization  authorized  to  represent its horsemen to increase or
   33  decrease the portion of its vendor fee dedicated to enhancing purses  at
   34  such  track  during the years of participation by such track, or to race
   35  fewer dates than required herein.
   36    3. Nothing in paragraph two  of  this  subdivision  shall  affect  any
   37  agreement  in  effect on or before the effective date of this paragraph,
   38  EXCEPT THAT THE OBLIGATION TO PAY FUNDS  TO  THE  GAMING  COMMISSION  TO
   39  PROMOTE  AND  ENSURE  EQUINE  HEALTH  AND  SAFETY  SHALL  SUPERSEDE  ANY
   40  PROVISION TO THE CONTRARY IN ANY SUCH AGREEMENT.
   41    S 2. Paragraph 1 of subdivision f of section 1612 of the tax  law,  as
   42  amended  by  chapter  140  of  the  laws  of 2008, is amended to read as
   43  follows:
   44    1. Six and one-half percent of  the  total  wagered  after  payout  of
   45  prizes  for the first year of operation of video lottery gaming at Aque-
   46  duct racetrack, seven percent of  the  total  wagered  after  payout  of
   47  prizes  for the second year of operation, and seven and one-half percent
   48  of the total wagered after payout of prizes for the third year of opera-
   49  tion and thereafter, for the purpose of  enhancing  purses  at  Aqueduct
   50  racetrack, Belmont Park racetrack and Saratoga race course.  ONE PERCENT
   51  OF  SUCH PURSE ENHANCEMENT AMOUNT SHALL BE PAID TO THE GAMING COMMISSION
   52  TO BE USED EXCLUSIVELY TO PROMOTE AND ENSURE EQUINE HEALTH AND SAFETY IN
   53  NEW YORK. ANY PORTION OF SUCH FUNDING TO THE  GAMING  COMMISSION  UNUSED
   54  DURING A FISCAL YEAR SHALL BE RETURNED ON A PRO RATA BASIS IN ACCORDANCE
       S. 2605--D                         24                         A. 3005--D

    1  WITH  THE  AMOUNTS  ORIGINALLY  CONTRIBUTED  AND  SHALL  BE USED FOR THE
    2  PURPOSE OF ENHANCING PURSES AT SUCH TRACKS.
    3    S 3. The legislature hereby establishes a New York task force on jock-
    4  ey  health  and  safety.  The  task  force shall assess, investigate and
    5  research issues involving safety and health  of  jockeys  who  regularly
    6  race  at  the  thoroughbred racetracks in New York state. The task force
    7  shall consist of seven individuals to be appointed by the governor,  one
    8  of whom shall be appointed on the recommendation of the temporary presi-
    9  dent  of the senate, and one of whom shall be appointed on the recommen-
   10  dation of the speaker of the assembly, who shall be named no later  than
   11  forty-five  days  after this act shall take effect, at least one of whom
   12  shall be a jockey or former jockey. The task force shall issue a  report
   13  containing  its  findings and recommendations concerning jockey benefits
   14  including health, life, disability, pension, or other  similar  benefits
   15  and  how  such  needs  can best be provided through the resources of the
   16  racing industry.  The report shall be provided to the  governor,  tempo-
   17  rary  president  of the senate, speaker of the assembly, minority leader
   18  of the senate and minority leader of the  assembly  within  ninety  days
   19  after the majority of its members are appointed.
   20    The  task  force  may  request  and  shall  receive from any division,
   21  department, board, bureau, commission, office, agency, or other  instru-
   22  mentality  of  the  state,  or  any  political subdivision thereof, such
   23  assistance and data as it deems necessary and desirable for  the  proper
   24  execution  of its powers and duties. The members of the task force shall
   25  receive no compensation for their services, but shall be  allowed  their
   26  actual  and  necessary  expenses  incurred  in  the performance of their
   27  duties which shall be paid by  the  franchised  corporation  established
   28  pursuant to article two of the racing, pari-mutuel wagering and breeding
   29  law,  and  the  franchised  corporation shall make available $25,000 for
   30  other costs associated with the report, including data collection, anal-
   31  ysis, and expert review.
   32    S 4. This act shall take effect immediately.

   33                                   PART K

   34    Section 1. Subparagraphs (iii) and (vii) of paragraph q of subdivision
   35  10 of section 54 of the state finance law, as added by section 3 of part
   36  K of chapter 57 of the laws of 2011, are amended to read as follows:
   37    (iii) Study projects shall include an  examination  of  the  potential
   38  financial savings, management improvements, and service delivery changes
   39  resulting  from  a  local  government  re-organization, LEGAL ISSUES AND
   40  IMPEDIMENTS  SURROUNDING  THE  RE-ORGANIZATION,  RECOMMENDED  STEPS   TO
   41  COMPLETE THE RE-ORGANIZATION, as well as options for cost-savings if the
   42  re-organization is not completed.
   43    (vii)  Matching  funds  equal  to  [ten] AT LEAST FIFTY percent of the
   44  total cost of activities under the  grant  work  plan  approved  by  the
   45  department  of state shall be required FOR A LOCAL GOVERNMENT RE-ORGANI-
   46  ZATION GRANT FOR A RE-ORGANIZATION STUDY, EXCEPT FOR  SUCH  GRANTS  THAT
   47  ARE AWARDED TO A LOCAL GOVERNMENT ENTITY ELIGIBLE FOR AN EXPEDITED GRANT
   48  PURSUANT  TO SUBPARAGRAPH (V) OF THIS PARAGRAPH.  UPON IMPLEMENTATION OF
   49  THE LOCAL GOVERNMENT RE-ORGANIZATION, THE LOCAL MATCHING FUNDS  REQUIRED
   50  BY  SUCH  GRANT FOR A RE-ORGANIZATION STUDY SHALL BE REFUNDED EXCEPT FOR
   51  TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE  GRANT  WORK  PLAN
   52  APPROVED  BY  THE  DEPARTMENT OF STATE. MATCHING FUNDS EQUAL TO AT LEAST
   53  TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE  GRANT  WORK  PLAN
   54  APPROVED  BY  THE  DEPARTMENT  OF  STATE  SHALL  BE REQUIRED FOR A LOCAL
       S. 2605--D                         25                         A. 3005--D

    1  GOVERNMENT RE-ORGANIZATION GRANT FOR A RE-ORGANIZATION STUDY AWARDED  TO
    2  A  LOCAL  GOVERNMENT  ENTITY ELIGIBLE FOR AN EXPEDITED GRANT PURSUANT TO
    3  SUBPARAGRAPH (V) OF THIS PARAGRAPH AND FOR A LOCAL GOVERNMENT RE-ORGANI-
    4  ZATION GRANT FOR THE IMPLEMENTATION OF A RE-ORGANIZATION.
    5    S  1-a.  Paragraph  q  of  subdivision  10  of section 54 of the state
    6  finance law is amended by adding two new subparagraphs (viii)  and  (ix)
    7  to read as follows:
    8    (VIII)  WITHIN  ONE WEEK OF THE RECEIPT OF AN APPLICATION, THE DEPART-
    9  MENT OF STATE SHALL REVIEW THE APPLICATION TO ENSURE THE  APPLICANT  HAS
   10  FILED THE CORRECT APPLICATION, AND TO DETERMINE IF ANY REQUIRED SECTIONS
   11  OF  THE  APPLICATION  CONTAIN NO INFORMATION. WITHIN ONE BUSINESS DAY OF
   12  DETERMINING AN APPLICANT HAS FILED AN INCORRECT APPLICATION,  OR  DETER-
   13  MINING  AN  APPLICATION CONTAINS NO INFORMATION IN A SECTION REQUIRED TO
   14  CONTAIN INFORMATION, THE  DEPARTMENT  SHALL  SO  NOTIFY  THE  APPLICANT.
   15  APPLICANTS  SHALL BE PERMITTED TO AMEND AN APPLICATION FOUND TO BE MISS-
   16  ING INFORMATION, AND SUCH APPLICATION SHALL BE RECONSIDERED FOR APPROVAL
   17  IF IT IS AMENDED BY  THE  APPLICATION  DEADLINE.  IF  AN  APPLICANT  HAS
   18  SUBMITTED AN INCORRECT APPLICATION, THE APPLICANT MAY SUBMIT THE CORRECT
   19  APPLICATION  TO THE APPROPRIATE PROGRAM BY THE DEADLINE FOR SUCH PROGRAM
   20  FOR CONSIDERATION. UNDER NO CIRCUMSTANCES  SHALL  THIS  SUBPARAGRAPH  BE
   21  DEEMED  TO REQUIRE THE EXTENSION OF ANY APPLICATION DEADLINE ESTABLISHED
   22  BY THE DEPARTMENT, NOR SHALL IT OBLIGATE THE  DEPARTMENT  TO  CONDUCT  A
   23  SUBSTANTIVE  REVIEW  OF  THE  CONTENTS OF ANY APPLICATION OUTSIDE OF THE
   24  PROCEDURES ESTABLISHED BY THE DEPARTMENT FOR THE PURPOSES OF MAINTAINING
   25  THE COMPETITIVE INTEGRITY OF THE GRANT PROGRAM.
   26    (IX) WRITTEN NOTICE SHALL BE PROVIDED TO AN APPLICANT  OF  A  DECISION
   27  REGARDING  THE  GRANT OR DENIAL OF AN AWARD UNDER THIS PARAGRAPH, WITHIN
   28  THIRTY DAYS AFTER SUCH DECISION.
   29    S 2.   The opening paragraph of  paragraph  r  of  subdivision  10  of
   30  section  54 of the state finance law, as added by section 3 of part K of
   31  chapter 57 of the laws of 2011, is amended to read as follows:
   32    Local government efficiency  grant  program  beginning  in  the  state
   33  fiscal  year commencing April first, two thousand eleven  AND CONTINUING
   34  UNTIL THE END OF THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
   35  SAND TWELVE.
   36    S 3. Paragraphs s and t of subdivision 10 of section 54 of  the  state
   37  finance law, paragraph t as relettered by section 3 of part K of chapter
   38  57  of  the  laws  of  2011, are relettered paragraphs t and u and a new
   39  paragraph s is added to read as follows:
   40    S. LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM BEGINNING  IN  THE  STATE
   41  FISCAL  YEAR  COMMENCING APRIL FIRST, TWO THOUSAND THIRTEEN. (I) (1) FOR
   42  THE PURPOSES OF THIS PARAGRAPH,  "MUNICIPALITY"  SHALL  MEAN  A  COUNTY,
   43  CITY, TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC
   44  LIBRARY,  ASSOCIATION  LIBRARY,  OR  PUBLIC LIBRARY SYSTEM AS DEFINED BY
   45  SECTION TWO HUNDRED SEVENTY-TWO OF THE EDUCATION LAW, PROVIDED  HOWEVER,
   46  THAT  FOR THE PURPOSES OF THIS DEFINITION, A PUBLIC LIBRARY SYSTEM SHALL
   47  BE CONSIDERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH PUBLIC LIBRARY
   48  SYSTEM ADVANCES A JOINT APPLICATION ON BEHALF OF ITS  MEMBER  LIBRARIES,
   49  WATER  AUTHORITY,  SEWER  AUTHORITY,  REGIONAL  PLANNING AND DEVELOPMENT
   50  BOARD, SCHOOL DISTRICT, OR BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES;
   51  PROVIDED,  HOWEVER, THAT FOR THE PURPOSES OF THIS DEFINITION, A BOARD OF
   52  COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSIDERED A MUNICIPALITY ONLY
   53  IN INSTANCES  WHERE  SUCH  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
   54  ADVANCES  A  JOINT  APPLICATION  ON BEHALF OF SCHOOL DISTRICTS AND OTHER
   55  MUNICIPALITIES WITHIN THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
   56  REGION;  PROVIDED,  HOWEVER, THAT ANY AGREEMENTS WITH A BOARD OF COOPER-
       S. 2605--D                         26                         A. 3005--D

    1  ATIVE EDUCATIONAL SERVICES: SHALL NOT  GENERATE  ADDITIONAL  STATE  AID;
    2  SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPITAL AND ADMINISTRA-
    3  TIVE  BUDGETS  OF  THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE
    4  PURPOSES  OF  COMPUTING CHARGES UPON COMPONENT SCHOOL DISTRICTS PURSUANT
    5  TO SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARAGRAPH B OF  SUBDIVISION
    6  FOUR  OF  SECTION  NINETEEN HUNDRED FIFTY AND SUBDIVISION ONE OF SECTION
    7  NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW; AND SHALL BE DEEMED  TO
    8  BE  A  COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES OF SUBPARAGRAPH TWO OF
    9  PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THE
   10  EDUCATION LAW.
   11    (2) FOR THE PURPOSES OF  THIS  PARAGRAPH,  "FUNCTIONAL  CONSOLIDATION"
   12  SHALL  MEAN  ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE OR FUNCTION
   13  FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
   14  TION.
   15    (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
   16  STATE MAY AWARD COMPETITIVE GRANTS  TO  MUNICIPALITIES  TO  COVER  COSTS
   17  ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
   18  LIMITED  TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION
   19  OR DISSOLUTION, A FUNCTIONAL CONSOLIDATION, A  CITY  OR  COUNTY  CHARTER
   20  REVISION  THAT  INCLUDES FUNCTIONAL CONSOLIDATION, SHARED OR COOPERATIVE
   21  SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
   22  SUCH LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW  OPPORTU-
   23  NITIES  FOR  FINANCIAL  SAVINGS  AND OPERATIONAL EFFICIENCIES; PROVIDED,
   24  FURTHER, THAT ELIGIBLE LOCAL GOVERNMENT EFFICIENCY  PROJECTS  SHALL  NOT
   25  INCLUDE  STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION ELIGI-
   26  BLE TO RECEIVE A LOCAL GOVERNMENT CITIZENS  RE-ORGANIZATION  EMPOWERMENT
   27  GRANT  PURSUANT  TO  PARAGRAPH  Q  OF THIS SUBDIVISION. THE SECRETARY OF
   28  STATE MAY FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL  AREAS,  WITHIN
   29  DISTRESSED  COMMUNITIES  AND AREAS OF HISTORICALLY HIGH LOCAL GOVERNMENT
   30  COSTS AND PROPERTY TAXES, OR IN AREAS OF UNIQUE  OPPORTUNITY,  IN  WHICH
   31  CASE  SUCH  AREAS  OF  FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICA-
   32  TIONS.
   33    (III) ANY APPROVED PROJECT SHALL INCLUDE AN EXAMINATION  OF  FINANCIAL
   34  SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
   35  ING FROM PROJECT IMPLEMENTATION.
   36    (IV)  LOCAL  GOVERNMENT  EFFICIENCY  GRANTS MAY BE USED TO COVER COSTS
   37  INCLUDING, BUT NOT LIMITED TO, LEGAL AND  CONSULTANT  SERVICES,  CAPITAL
   38  IMPROVEMENTS,  TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY EXPENSES
   39  RELATED TO IMPLEMENTING THE APPROVED LOCAL GOVERNMENT  EFFICIENCY  GRANT
   40  WORK  PLAN.  GRANTS  MAY  BE USED FOR CAPITAL IMPROVEMENTS, TRANSITIONAL
   41  PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY  WHERE  SUCH  EXPENSES
   42  ARE  INTEGRAL  TO  IMPLEMENTATION  OF  THE  LOCAL  GOVERNMENT EFFICIENCY
   43  PROJECT. NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR  RECUR-
   44  RING  EXPENSES  SUCH  AS  SALARIES,  EXCEPT THAT THE SALARIES OF CERTAIN
   45  TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE  APPROVED
   46  LOCAL  GOVERNMENT  EFFICIENCY  GRANT  WORK  PLAN SHALL BE ELIGIBLE FOR A
   47  PERIOD NOT TO EXCEED THREE  YEARS.  THE  AMOUNTS  AWARDED  TO  A  SCHOOL
   48  DISTRICT  PURSUANT  TO  THIS  SUBPARAGRAPH  SHALL NOT BE INCLUDED IN THE
   49  APPROVED OPERATING EXPENSE OF THE SCHOOL DISTRICT AS  DEFINED  IN  PARA-
   50  GRAPH  T  OF  SUBDIVISION  ONE  OF SECTION THIRTY-SIX HUNDRED TWO OF THE
   51  EDUCATION LAW.
   52    (V) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A  LOCAL  GOVERNMENT  EFFI-
   53  CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER MUNICI-
   54  PALITY;  PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT RECEIVE
   55  A CUMULATIVE GRANT AWARD IN EXCESS OF ONE MILLION DOLLARS.  THE  MAXIMUM
   56  GRANT  AWARD  FOR A LOCAL GOVERNMENT EFFICIENCY PLANNING PROJECT, OR THE
       S. 2605--D                         27                         A. 3005--D

    1  PLANNING COMPONENT OF A PROJECT THAT INCLUDES BOTH PLANNING  AND  IMPLE-
    2  MENTATION  OF  A  LOCAL  GOVERNMENT EFFICIENCY PROJECT, SHALL NOT EXCEED
    3  TWELVE THOUSAND FIVE HUNDRED DOLLARS PER MUNICIPALITY; PROVIDED,  HOWEV-
    4  ER, THAT IN NO EVENT SHALL SUCH A PLANNING PROJECT RECEIVE A GRANT AWARD
    5  IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
    6    (VI) LOCAL MATCHING FUNDS EQUAL TO AT LEAST FIFTY PERCENT OF THE TOTAL
    7  COST  OF ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT
    8  OF STATE SHALL BE REQUIRED FOR PLANNING GRANTS, AND LOCAL MATCHING FUNDS
    9  EQUAL TO AT LEAST TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER  THE
   10  GRANT  WORK  PLAN  APPROVED BY THE DEPARTMENT OF STATE SHALL BE REQUIRED
   11  FOR IMPLEMENTATION GRANTS. IN THE EVENT AN APPLICANT IS  IMPLEMENTING  A
   12  PROJECT  THAT  THE  APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED
   13  PLANNING GRANT  FUNDED  UNDER  THE  LOCAL  GOVERNMENT  EFFICIENCY  GRANT
   14  PROGRAM  OR  THE  SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM, THE
   15  LOCAL MATCHING FUNDS REQUIRED SHALL BE REDUCED  BY  THE  LOCAL  MATCHING
   16  FUNDS  REQUIRED  BY SUCH SUCCESSFULLY COMPLETED PLANNING GRANT UP TO THE
   17  AMOUNT OF LOCAL MATCHING FUNDS REQUIRED FOR THE IMPLEMENTATION GRANT.
   18    (VII) IN THE SELECTION OF GRANT AWARDS, THE SECRETARY OF  STATE  SHALL
   19  GIVE  THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN THE
   20  DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
   21  THE COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3)  BY
   22  LOCAL  GOVERNMENTS  WITH  HISTORICALLY HIGH COSTS OF LOCAL GOVERNMENT OR
   23  SUSTAINED INCREASES IN PROPERTY TAXES. PRIORITY WILL ALSO  BE  GIVEN  TO
   24  MUNICIPALITIES  THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT PURSUANT
   25  TO THIS  PROGRAM  OR  THE  SHARED  MUNICIPAL  SERVICES  INCENTIVE  GRANT
   26  PROGRAM,  AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL DEVEL-
   27  OPMENT PROJECTS THAT HAVE RECEIVED FUNDS  THROUGH  STATE  COMMUNITY  AND
   28  INFRASTRUCTURE DEVELOPMENT PROGRAMS.
   29    (VIII)  WITHIN  ONE WEEK OF THE RECEIPT OF AN APPLICATION, THE DEPART-
   30  MENT OF STATE SHALL REVIEW THE APPLICATION TO ENSURE THE  APPLICANT  HAS
   31  FILED THE CORRECT APPLICATION, AND TO DETERMINE IF ANY REQUIRED SECTIONS
   32  OF  THE  APPLICATION  CONTAIN NO INFORMATION. WITHIN ONE BUSINESS DAY OF
   33  DETERMINING AN APPLICANT HAS FILED AN INCORRECT APPLICATION,  OR  DETER-
   34  MINING  AN  APPLICATION CONTAINS NO INFORMATION IN A SECTION REQUIRED TO
   35  CONTAIN INFORMATION, THE  DEPARTMENT  SHALL  SO  NOTIFY  THE  APPLICANT.
   36  APPLICANTS  SHALL BE PERMITTED TO AMEND AN APPLICATION FOUND TO BE MISS-
   37  ING INFORMATION, AND SUCH APPLICATION SHALL BE RECONSIDERED FOR APPROVAL
   38  IF IT IS AMENDED BY THE APPLICATION  DEADLINE.    IF  AN  APPLICANT  HAS
   39  SUBMITTED AN INCORRECT APPLICATION, THE APPLICANT MAY SUBMIT THE CORRECT
   40  APPLICATION  TO THE APPROPRIATE PROGRAM BY THE DEADLINE FOR SUCH PROGRAM
   41  FOR CONSIDERATION. UNDER NO CIRCUMSTANCES  SHALL  THIS  SUBPARAGRAPH  BE
   42  DEEMED  TO REQUIRE THE EXTENSION OF ANY APPLICATION DEADLINE ESTABLISHED
   43  BY THE DEPARTMENT, NOR SHALL IT OBLIGATE THE  DEPARTMENT  TO  CONDUCT  A
   44  SUBSTANTIVE  REVIEW  OF  THE  CONTENTS OF ANY APPLICATION OUTSIDE OF THE
   45  PROCEDURES ESTABLISHED BY THE DEPARTMENT FOR THE PURPOSES OF MAINTAINING
   46  THE COMPETITIVE INTEGRITY OF THE GRANT PROGRAM.
   47    (IX) WRITTEN NOTICE SHALL BE PROVIDED TO AN APPLICANT  OF  A  DECISION
   48  REGARDING  THE  GRANT OR DENIAL OF AN AWARD UNDER THIS PARAGRAPH, WITHIN
   49  THIRTY DAYS AFTER SUCH DECISION.
   50    (X) THE DEPARTMENT OF STATE SHALL PREPARE  AN  ANNUAL  REPORT  TO  THE
   51  GOVERNOR  AND  THE LEGISLATURE ON THE EFFECTIVENESS OF THE LOCAL GOVERN-
   52  MENT EFFICIENCY GRANT PROGRAM AND THE LOCAL GOVERNMENT  CITIZENS  RE-OR-
   53  GANIZATION  EMPOWERMENT GRANT PROGRAM.  SUCH REPORT SHALL BE PROVIDED ON
   54  OR BEFORE OCTOBER FIRST OF EACH YEAR  AND  SHALL  INCLUDE,  BUT  NOT  BE
   55  LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
   56  GRANT  CATEGORY,  AN  ASSESSMENT OF PROGRESS IN IMPLEMENTING INITIATIVES
       S. 2605--D                         28                         A. 3005--D

    1  THAT RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND  SIGNIF-
    2  ICANT  IMPROVEMENTS  IN  SERVICE  REALIZED  BY  MUNICIPALITIES THAT HAVE
    3  RECEIVED GRANTS.
    4    S  3-a. Subparagraph (vii) of paragraph t of subdivision 10 of section
    5  54 of the state finance law, paragraph t as relettered by section  three
    6  of  this  act,  is renumbered subparagraph (viii) and a new subparagraph
    7  (vii) is added to read as follows:
    8    (VII) WRITTEN NOTICE SHALL BE PROVIDED TO AN APPLICANT OF  A  DECISION
    9  REGARDING  THE  GRANT OR DENIAL OF AN AWARD UNDER THIS PARAGRAPH, WITHIN
   10  THIRTY DAYS AFTER SUCH DECISION.
   11    S 4. This act shall take effect immediately and  shall  be  deemed  to
   12  have been in full force and effect on and after April 1, 2013.

   13                                   PART L
   14                            Intentionally omitted

   15                                   PART M
   16                            Intentionally omitted

   17                                   PART N

   18    Section  1. Subdivisions 1, 3, 4, 5 and 6 of section 709 of the execu-
   19  tive law, subdivision 1 as amended and subdivisions 3, 4,  5  and  6  as
   20  added  by  section  14  of part B of chapter 56 of the laws of 2010, are
   21  amended to read as follows:
   22    1. There is hereby created within the executive department  the  divi-
   23  sion  of  homeland security and emergency services, which shall have and
   24  exercise the powers and duties set forth in this article. Any  reference
   25  to  the  'office of public security', the 'office of homeland security',
   26  the 'state emergency management office'[, the 'office of  cyber  securi-
   27  ty']  or  the 'office of fire prevention and control' in the laws of New
   28  York state, executive orders, or contracts entered into on behalf of the
   29  state shall be deemed to refer to the division of homeland security  and
   30  emergency services.
   31    3.  The  division  of  homeland  security and emergency services shall
   32  consist of several offices including, but not limited to, the office  of
   33  counterterrorism,  which  shall  have the powers, and be responsible for
   34  carrying out the duties, including but not limited to those set forth in
   35  section seven hundred nine-a of this article; the  office  of  emergency
   36  management, which shall have the powers, and be responsible for carrying
   37  out  the duties, including but not limited to those set forth in article
   38  two-B of this chapter; the office of fire prevention and control,  which
   39  shall  have  the powers, and be responsible for carrying out the duties,
   40  including but not limited to those set forth in article  six-C  of  this
   41  chapter[; the office of cyber security, which shall have the powers, and
   42  be responsible for carrying out the duties, including but not limited to
   43  those  set  forth in section seven hundred fifteen of this article;] and
   44  the office of interoperable and emergency  communications,  which  shall
   45  have the powers, and be responsible for carrying out the duties, includ-
   46  ing  but  not limited to those set forth in section seven hundred seven-
   47  teen of this article.
   48    4. As set forth in section seven hundred  ten  of  this  article,  the
   49  commissioner of the division of homeland security and emergency services
   50  shall  be  appointed by the governor, with the advice and consent of the
       S. 2605--D                         29                         A. 3005--D

    1  senate, and hold office at the pleasure of the governor.  The  directors
    2  of   the   offices   of  counterterrorism,  emergency  management,  fire
    3  prevention and control, [cyber security,] and interoperable and emergen-
    4  cy  communications,  and such other offices as may be established, shall
    5  be appointed by, and hold office at the pleasure of,  the  governor  and
    6  they  shall report to the commissioner of the division of homeland secu-
    7  rity and emergency services.
    8    5. The directors of the offices of counterterrorism, emergency manage-
    9  ment, fire prevention and control, [cyber security,]  interoperable  and
   10  emergency  communications,  and  of  such other offices as may be estab-
   11  lished, shall, in consultation with the commissioner, have the authority
   12  to promulgate rules and regulations to carry out  the  duties  of  their
   13  office,  including the establishment of fees necessary to compensate for
   14  costs associated with the delivery of training and services.
   15    6. The directors of the offices of counterterrorism, emergency manage-
   16  ment, fire prevention and control, [cyber security,]  interoperable  and
   17  emergency  communications, and such other offices as may be established,
   18  shall have the authority to enter into contracts with any person,  firm,
   19  corporation, municipality, or government entity.
   20    S 2. Section 715 of the executive law is REPEALED.
   21    S  3.  Subdivision  10  of section 103 of the state technology law, as
   22  added by chapter 430 of the laws of 1997, and such section as renumbered
   23  by chapter 437 of the laws of 2004, is amended to read as follows:
   24    10. To establish statewide  technology  policies,  including  but  not
   25  limited to preferred technology standards and security, INCLUDING STATE-
   26  WIDE POLICIES, STANDARDS, PROGRAMS, AND SERVICES RELATING TO THE SECURI-
   27  TY  OF  STATE  GOVERNMENT  NETWORKS  AND GEOGRAPHIC INFORMATION SYSTEMS,
   28  INCLUDING THE STATEWIDE COORDINATION OF GEOGRAPHICALLY REFERENCED  CRIT-
   29  ICAL INFRASTRUCTURE INFORMATION;
   30    S 4. Section 103 of the state technology law is amended by adding four
   31  new subdivisions 18, 19, 20 and 21 to read as follows:
   32    18.  TO  PROVIDE  FOR  THE  PROTECTION OF THE STATE GOVERNMENT'S CYBER
   33  SECURITY INFRASTRUCTURE, INCLUDING, BUT NOT LIMITED TO, THE  IDENTIFICA-
   34  TION  AND  MITIGATION  OF  VULNERABILITIES,  DETERRING AND RESPONDING TO
   35  CYBER EVENTS, AND PROMOTING CYBER SECURITY AWARENESS WITHIN THE STATE.
   36    19. TO MAINTAIN, IN ELECTRONIC  OR  PAPER  FORMATS,  MAPS,  GEOGRAPHIC
   37  IMAGES, GEOGRAPHIC DATA AND METADATA.
   38    20.  NOTWITHSTANDING  THE  PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF
   39  PARAGRAPH (A) OF SUBDIVISION  EIGHT  OF  SECTION  SEVENTY-THREE  OF  THE
   40  PUBLIC OFFICERS LAW, FORMER OFFICERS OR EMPLOYEES OF THE OFFICE OF CYBER
   41  SECURITY  EMPLOYED  BY  THE NOT-FOR-PROFIT CORPORATION THAT OPERATES THE
   42  MULTI-STATE INFORMATION SHARING AND ANALYSIS CENTER  MAY  APPEAR  BEFORE
   43  AND  RENDER SERVICES TO ANY FEDERAL, STATE, LOCAL, TERRITORIAL OR TRIBAL
   44  GOVERNMENT RELATING TO CYBER SECURITY.
   45    21. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-THREE
   46  OF  THE  STATE  FINANCE  LAW,  SECTION  ONE HUNDRED THREE OF THE GENERAL
   47  MUNICIPAL LAW, ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT  LAW,  OR  ANY
   48  OTHER  PROVISION  OF  LAW RELATING TO THE AWARD OF PUBLIC CONTRACTS, ANY
   49  OFFICER, BODY, OR AGENCY OF NEW YORK STATE, PUBLIC CORPORATION, OR OTHER
   50  PUBLIC ENTITY SUBJECT TO SUCH PROVISIONS OF LAW SHALL BE  AUTHORIZED  TO
   51  ENTER  INDIVIDUALLY OR COLLECTIVELY INTO CONTRACTS WITH THE NOT-FOR-PRO-
   52  FIT CORPORATION THAT OPERATES THE MULTI-STATE  INFORMATION  SHARING  AND
   53  ANALYSIS  CENTER FOR THE PROVISION OF SERVICES THROUGH SEPTEMBER THIRTI-
   54  ETH, TWO THOUSAND FOURTEEN RELATED TO CYBER SECURITY INCLUDING, BUT  NOT
   55  LIMITED  TO,  MONITORING,  DETECTING, AND RESPONDING TO CYBER INCIDENTS,
   56  AND SUCH CONTRACTS MAY BE AWARDED WITHOUT COMPLIANCE WITH THE PROCEDURES
       S. 2605--D                         30                         A. 3005--D

    1  RELATING TO THE PROCUREMENT OF SERVICES SET FORTH IN SUCH PROVISIONS  OF
    2  LAW.    SUCH  CONTRACTS  SHALL, HOWEVER, BE SUBJECT TO THE COMPTROLLER'S
    3  EXISTING AUTHORITY TO APPROVE CONTRACTS WHERE SUCH APPROVAL IS  REQUIRED
    4  BY  SECTION  ONE  HUNDRED  TWELVE OF THE STATE FINANCE LAW OR OTHERWISE.
    5  SUCH OFFICERS, BODIES, OR AGENCIES MAY PAY THE  FEES  OR  OTHER  AMOUNTS
    6  SPECIFIED  IN  SUCH  CONTRACTS  IN  CONSIDERATION  OF THE CYBER SECURITY
    7  SERVICES TO BE RENDERED PURSUANT TO SUCH CONTRACTS.
    8    S 5. Subdivision 2 and paragraph (a) of subdivision 7 of  section  208
    9  of  the state technology law, subdivision 2 as amended by chapter 491 of
   10  the laws of 2005 and paragraph  (a)  of  subdivision  7  as  amended  by
   11  section  27  of part A of chapter 62 of the laws of 2011, are amended to
   12  read as follows:
   13    2. Any state entity that  owns  or  licenses  computerized  data  that
   14  includes  private  information shall disclose any breach of the security
   15  of the system following discovery or notification of the breach  in  the
   16  security  of  the system to any resident of New York state whose private
   17  information was, or is reasonably believed to have been, acquired  by  a
   18  person  without valid authorization. The disclosure shall be made in the
   19  most expedient time possible and without unreasonable delay,  consistent
   20  with the legitimate needs of law enforcement, as provided in subdivision
   21  four  of  this section, or any measures necessary to determine the scope
   22  of the breach and restore the reasonable integrity of the  data  system.
   23  The  state entity shall consult with the state [office of cyber security
   24  and critical infrastructure coordination] OFFICE OF INFORMATION TECHNOL-
   25  OGY SERVICES to determine the scope of the breach and restoration  meas-
   26  ures.
   27    (a)  In  the event that any New York residents are to be notified, the
   28  state entity shall notify the state attorney general, the department  of
   29  state  and  the state [office of cyber security and critical infrastruc-
   30  ture coordination] OFFICE OF INFORMATION TECHNOLOGY SERVICES as  to  the
   31  timing,  content  and distribution of the notices and approximate number
   32  of affected persons. Such notice shall be made without  delaying  notice
   33  to affected New York residents.
   34    S  6.  Paragraph (a) of subdivision 8 of section 899-aa of the general
   35  business law, as amended by section 43 of part A of chapter  62  of  the
   36  laws of 2011, is amended to read as follows:
   37    (a)  In  the event that any New York residents are to be notified, the
   38  person or business shall notify the state attorney general, the  depart-
   39  ment  of  state  and the DIVISION OF state [office of cyber security and
   40  critical infrastructure coordination] POLICE as to the  timing,  content
   41  and  distribution  of  the  notices  and  approximate number of affected
   42  persons. Such notice shall be made without delaying notice  to  affected
   43  New York residents.
   44    S 7. Any reference to the office of cyber security or to the office of
   45  cyber  security  and critical infrastructure coordination in the laws of
   46  New York state, executive orders or contracts entered into on behalf  of
   47  the state shall be deemed to refer to the office of information technol-
   48  ogy services.
   49    S  8.  (a)  Notwithstanding  any provision of law to the contrary, any
   50  person employed by the office of the  Medicaid  inspector  general,  the
   51  office  of mental health, the office for people with developmental disa-
   52  bilities, the department of health and the division of state police  and
   53  any  person  employed  in the exempt class positions of employee program
   54  associate, employee program assistant or employee relations associate by
   55  the governor's office of employee relations immediately prior  to  being
   56  transferred to the office of information technology services pursuant to
       S. 2605--D                         31                         A. 3005--D

    1  subdivision  2 of section 70 of the civil service law effective November
    2  22, 2012 and November 29, 2012, and who, immediately prior  thereto  was
    3  performing  information technology functions similar to persons employed
    4  in  appropriate  competitive  class  positions, shall be given permanent
    5  competitive class rights and status and  shall  continue  to  hold  such
    6  position  in  the  office  of  information  technology  services without
    7  further examination. No such  employee  transferred  to  the  office  of
    8  information  technology  services shall be subject to a new probationary
    9  term, provided, however, that any employee in probationary status at the
   10  time of the transfer shall be required  to  complete  that  probationary
   11  term  at  the  office  of information technology services under the same
   12  terms and conditions as were applicable to them while  employed  at  the
   13  office  of  the Medicaid inspector general, the office of mental health,
   14  the office for people with developmental disabilities, the department of
   15  health, the division of  state  police  and  the  governor's  office  of
   16  employee relations.
   17    (b)  Any  employees whose positions are re-classified pursuant to this
   18  section or section nine or ten of this act shall have  seniority  rights
   19  on  the  basis  of  continuous  service  from the date of their original
   20  permanent appointment to the classified service or the date of permanent
   21  employment with the office of the Medicaid inspector general, the office
   22  of mental health, the office for people with developmental disabilities,
   23  the department of health or the  division  of  state  police.  Any  such
   24  employees  employed  by  the  division of state police in an appropriate
   25  non-competitive title on a permanent basis, shall also be deemed to have
   26  that period of employment count as permanent competitive service in that
   27  title for purposes of qualifying for promotional examinations or  trans-
   28  fers  pursuant  to  subdivision 6 of section 52 of the civil service law
   29  and subdivision 1 of section 70 of the civil service law.
   30    (c) No employee whose  position  is  re-classified  pursuant  to  this
   31  section  or  section nine or ten of this act shall suffer a reduction in
   32  basic salary as a result of the re-classification and shall continue  to
   33  receive,  at  a  minimum,  the  salary that such employee received while
   34  employed by the office of the Medicaid inspector general, the office  of
   35  mental  health,  the  office for people with developmental disabilities,
   36  the department of health, the division of state police  and  the  gover-
   37  nor's  office  of  employee  relations.    The director of the office of
   38  information technology services shall also allow employees of the  divi-
   39  sion  of state police whose positions are re-classified pursuant to this
   40  section or section nine of this act credit for all of the annual  leave,
   41  sick  leave,  or  personal leave standing to their credit at the time of
   42  the transfer, but not in excess of the maximum accumulation permitted in
   43  the office of information technology services.
   44    S 9. Notwithstanding any provision of law to the contrary,  the  civil
   45  service  department  may re-classify any person employed in a permanent,
   46  classified, competitive position immediately prior to being  transferred
   47  to  the office of information technology services effective November 22,
   48  2012 and November 29, 2012, pursuant to subdivision 2 of section  70  of
   49  the  civil  service law to align with the duties and responsibilities of
   50  their positions upon transfer. Permanent employees whose  positions  are
   51  subsequently re-classified to align with the duties and responsibilities
   52  of  their  positions upon being transferred to the office of information
   53  technology services effective November 22, 2012 and November  29,  2012,
   54  pursuant  to  subdivision 2 of section 70 of the civil service law shall
   55  hold  such  positions  without  further  examination  or  qualification.
   56  Notwithstanding  any  other  provision  of  this act, the names of those
       S. 2605--D                         32                         A. 3005--D

    1  competitive permanent employees on promotion  eligible  lists  in  their
    2  former agency or department shall be added and interfiled on a promotion
    3  eligible  list in the new department, as the state civil service depart-
    4  ment deems appropriate.
    5    S  10. Notwithstanding any provision of law to the contrary, the civil
    6  service department may re-classify any person  employed  in  the  exempt
    7  class  positions of employee program associate, employee program assist-
    8  ant or employee relations associate by the governor's office of employee
    9  relations immediately prior to being transferred to the office of infor-
   10  mation technology services effective November 22, 2012, and November 29,
   11  2012, pursuant to subdivision 2 of section 70 of the civil  service  law
   12  to  align  with  the duties and responsibilities of their positions upon
   13  transfer. Permanent employees whose positions are subsequently  re-clas-
   14  sified  to align with the duties and responsibilities of their positions
   15  upon being transferred to the office of information technology  services
   16  effective November 22, 2012, and November 29, 2012, pursuant to subdivi-
   17  sion  2 of section 70 of the civil service law shall hold such positions
   18  without further examination or qualification.
   19    S 11. This act shall take effect immediately.

   20                                   PART O
   21                            Intentionally omitted

   22                                   PART P

   23    Section 1. Subdivision 6 of section 163 of the state finance  law,  as
   24  amended  by  chapter  173  of  the  laws  of 2010, is amended to read as
   25  follows:
   26    6. Discretionary buying thresholds. Pursuant to guidelines established
   27  by the state procurement council: the commissioner may purchase services
   28  and commodities in an amount not exceeding eighty-five thousand  dollars
   29  without  a  formal  competitive  process;  state  agencies  may purchase
   30  services and commodities in  an  amount  not  exceeding  fifty  thousand
   31  dollars  without  a  formal  competitive process; and state agencies may
   32  purchase commodities or services from small business concerns  or  those
   33  certified pursuant to article fifteen-A of the executive law, or commod-
   34  ities  or technology that are recycled or remanufactured, OR COMMODITIES
   35  THAT ARE FOOD, INCLUDING MILK AND  MILK  PRODUCTS,  GROWN,  PRODUCED  OR
   36  HARVESTED IN NEW YORK STATE in an amount not exceeding two hundred thou-
   37  sand dollars without a formal competitive process.
   38    S  2.  Section 163 of the state finance law is amended by adding a new
   39  subdivision 6-c to read as follows:
   40    6-C. PURSUANT TO THE AUTHORITY PROVIDED IN  SUBDIVISION  SIX  OF  THIS
   41  SECTION,  FOR  THE PURCHASE OF COMMODITIES THAT ARE FOOD, INCLUDING MILK
   42  AND MILK PRODUCTS, GROWN, PRODUCED OR HARVESTED IN NEW YORK STATE, WHERE
   43  SUCH COMMODITIES EXCEED FIFTY THOUSAND DOLLARS IN VALUE, STATE  AGENCIES
   44  MUST  ADVERTISE  THE  DISCRETIONARY PURCHASE ON THE STATE AGENCY WEBSITE
   45  FOR A REASONABLE PERIOD OF TIME  AND  MAKE  THE  DISCRETIONARY  PURCHASE
   46  BASED  ON  THE LOWEST PRICE THAT MEETS THE STATE AGENCY'S FORM, FUNCTION
   47  AND UTILITY.
   48    S 3. This act shall take effect immediately;  provided  however,  that
   49  the  amendments to section 163 of the state finance law made by sections
   50  one and two of this act shall not affect the repeal of such section  and
   51  shall be deemed repealed therewith.
       S. 2605--D                         33                         A. 3005--D

    1                                   PART Q

    2    Section 1. Subdivisions 1, 2, 3 and 6 of section 29-h of the executive
    3  law,  as  added  by  section 10-a of part B of chapter 56 of the laws of
    4  2010, paragraph c of subdivision 2 as amended by section 8 and paragraph
    5  a of subdivision 6 as amended by section 9 of part G of  chapter  55  of
    6  the laws of 2012, are amended to read as follows:
    7    1. Creation. There is hereby created the intrastate mutual aid program
    8  to  complement existing mutual aid agreements in the event of a disaster
    9  that results in a formal declaration of an emergency by a  participating
   10  local  government.  All  local  governments  within the state, excepting
   11  those which affirmatively choose not to participate in  accordance  with
   12  subdivision  four  of this section, are deemed to be participants in the
   13  program; PROVIDED, HOWEVER, WITH RESPECT TO SCHOOL DISTRICTS AND  BOARDS
   14  OF COOPERATIVE EDUCATIONAL SERVICES, SUCH PARTICIPATION SHALL BE LIMITED
   15  TO THE SHARING OF FACILITIES MANAGEMENT AND ADMINISTRATIVE PERSONNEL AND
   16  EQUIPMENT.
   17    2.  Definitions.  As  used  in this section, the following terms shall
   18  have the following meanings:
   19    a. "Employee"  means  any  person  holding  a  position  by  election,
   20  appointment, or employment by a local government;
   21    b.  "Local  government"  means  any  county, city, town [or], village,
   22  SCHOOL DISTRICT OR BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES  of  the
   23  state;
   24    c.  "Local  emergency  management director" means the local government
   25  official responsible for emergency preparedness, response and recovery;
   26    d. "Requesting local government" means the local government that  asks
   27  another  local government for assistance during a declared emergency, or
   28  for the purposes of conducting training, or undertaking a drill or exer-
   29  cise;
   30    e. "Assisting local government" means one or  more  local  governments
   31  that  provide  assistance  pursuant  to  a request for assistance from a
   32  requesting local government during a  declared  emergency,  or  for  the
   33  purposes  of  conducting  training,  or undertaking a drill or exercise;
   34  [and]
   35    f. "Disaster" shall have the same meaning as in section twenty of this
   36  article;
   37    G. "SCHOOL DISTRICT" SHALL HAVE THE SAME MEANING AS IN  TITLE  TWO  OF
   38  THE  EDUCATION LAW, INCLUDING ANY PUBLIC SCHOOL DISTRICT AND ANY SPECIAL
   39  ACT SCHOOL DISTRICT AS DEFINED IN  SECTION  FOUR  THOUSAND  ONE  OF  THE
   40  EDUCATION LAW; AND
   41    H.  "BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES" SHALL HAVE THE SAME
   42  MEANING AS IN SECTION NINETEEN HUNDRED FIFTY OF THE EDUCATION LAW.
   43    3. Intrastate mutual  aid  program  committee  established;  meetings;
   44  powers  and  duties.  a.  There  is  hereby  created within the disaster
   45  preparedness commission an intrastate mutual aid program committee,  for
   46  purposes of this section to be referred to as the committee, which shall
   47  be  chaired by the commissioner of the division of homeland security and
   48  emergency services, and shall include the state fire administrator,  the
   49  commissioner  of  health,  THE COMMISSIONER OF EDUCATION and the commis-
   50  sioner of agriculture and markets, provided that each such official  may
   51  appoint  a  designee  to serve in his or her place on the committee. The
   52  committee shall also include  five  representatives  from  local  public
   53  safety  or  emergency  response  agencies  AND ONE REPRESENTATIVE FROM A
   54  SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES.  SUCH
   55  REPRESENTATIVES,  who shall serve a maximum two-year term, [to be] SHALL
       S. 2605--D                         34                         A. 3005--D

    1  BE appointed by the commissioner of the division  of  homeland  security
    2  and emergency services, with regard to a balance of geographic represen-
    3  tation and discipline expertise.
    4    b.  The committee, on the call of the chairperson, shall meet at least
    5  twice each year and at such other times as may be necessary. The  agenda
    6  and meeting place of all regular meetings shall be made available to the
    7  public  in  advance of such meetings and all such meetings shall be open
    8  to the public.
    9    c. The committee shall have the following powers and responsibilities:
   10    (1) to promulgate rules and regulations, acting through  the  division
   11  of homeland security and emergency services, to implement the intrastate
   12  mutual aid program as described in this section;
   13    (2) to develop policies, procedures and guidelines associated with the
   14  program,  including  a  process for the reimbursement of assisting local
   15  governments by requesting local governments;
   16    (3) to evaluate the use of the intrastate mutual aid program;
   17    (4) to examine issues facing participating local governments regarding
   18  the implementation of the intrastate mutual aid program; and
   19    (5)  to  prepare  reports  to  the  disaster  preparedness  commission
   20  discussing  the  effectiveness  of  mutual  aid  in the state and making
   21  recommendations for improving the efficacy of the system,  if  appropri-
   22  ate.
   23    6.  Requesting  assistance under the intrastate mutual aid program. a.
   24  [A] SUBJECT TO THE RESTRICTIONS ON SCHOOL DISTRICTS AND BOARDS OF  COOP-
   25  ERATIVE  EDUCATIONAL  SERVICES  SET  FORTH  IN  SUBDIVISION  ONE OF THIS
   26  SECTION, A participating local  government  may  request  assistance  of
   27  other   participating   local  governments  in  preventing,  mitigating,
   28  responding to and recovering from disasters that result in  locally-dec-
   29  lared emergencies, or for the purpose of conducting multi-jurisdictional
   30  or  regional  training, drills or exercises. Requests for assistance may
   31  be made verbally or in writing; verbal requests shall be memorialized in
   32  writing as  soon  thereafter  as  is  practicable.  Notwithstanding  the
   33  provisions  of  section twenty-five of this article, the local emergency
   34  management director shall have  the  authority  to  request  and  accept
   35  assistance  and  deploy  the  local resources of his or her jurisdiction
   36  under the intrastate mutual aid program.
   37    b. Once an emergency is declared at the county level, all requests and
   38  offers for assistance, to the extent practical, shall  be  made  through
   39  the  county  emergency  management office, or in the case of the city of
   40  New York, through the city emergency management office. All requests for
   41  assistance should include:
   42    (1) a description of the disaster;
   43    (2) a description of the assistance needed;
   44    (3) a description of the mission for which assistance is requested;
   45    (4) an estimate of the length of time the assistance will be needed;
   46    (5) the specific place and time for staging of the  assistance  and  a
   47  point of contact at that location; and
   48    (6)  any other information that will enable an assisting local govern-
   49  ment to respond appropriately to the request.
   50    c. Assisting local governments shall submit to  the  requesting  local
   51  government an inventory of the resources being deployed.
   52    d. The written request for assistance and all inventories of resources
   53  being  deployed  shall be submitted to the division of homeland security
   54  and emergency services within three calendar days of the request for  or
   55  deployment of such resources.
   56    S 2. This act shall take effect immediately.
       S. 2605--D                         35                         A. 3005--D

    1                                   PART R
    2                            Intentionally Omitted

    3                                   PART S
    4                            Intentionally omitted

    5                                   PART T

    6    Section  1.  Paragraph  1  of  subdivision  2-a of section 19-a of the
    7  public lands law, as amended by section 1 of part T of chapter 57 of the
    8  laws of 2012, is amended to read as follows:
    9    (1) Notwithstanding any provision of this section to the contrary,  in
   10  addition  to state aid otherwise payable pursuant to this section, there
   11  shall be payable to any city located in a county in which there has been
   12  constructed a state office  building  project  in  accordance  with  the
   13  provisions  of  chapter  one  hundred  fifty-two of the laws of nineteen
   14  hundred sixty-four, as amended, and pursuant to  an  agreement  entitled
   15  the  "South  Mall  contract" dated May eleventh, nineteen hundred sixty-
   16  five, state aid in accordance with the following schedule:
   17                 State Fiscal Year
   18                                     Amount

   19                 2000-2001           $4,500,000
   20                 2001-2002           $4,500,000
   21                 2002-2003           $4,500,000
   22                 2003-2004           $9,850,000
   23                 2004-2005           $16,850,000
   24                 2005-2006           $22,850,000
   25                 2006-2007           $22,850,000
   26                 2007-2008           $22,850,000
   27                 2008-2009           $22,850,000
   28                 2009-2010           $22,850,000
   29                 2010-2011           $22,850,000
   30                 2011-2012           $15,000,000
   31                 2012-2013           $22,850,000
   32                 [2013-2014          $15,000,000] 2013-2014 $22,850,000
   33                 2014-2015           $15,000,000
   34                 2015-2016           $15,000,000
   35                 2016-2017           $15,000,000
   36                 2017-2018           $15,000,000
   37                 2018-2019           $15,000,000
   38                 2019-2020           $15,000,000
   39                 2020-2021           $15,000,000
   40                 2021-2022           $15,000,000
   41                 2022-2023           $15,000,000
   42                 2023-2024           $15,000,000
   43                 2024-2025           $15,000,000
   44                 2025-2026           $15,000,000
   45                 2026-2027           $15,000,000
   46                 2027-2028           $15,000,000
   47                 2028-2029           $15,000,000
   48                 2029-2030           $15,000,000
   49                 2030-2031           $15,000,000
   50                 [2031-2032          $15,000,000] 2031-2032 $7,150,000
       S. 2605--D                         36                         A. 3005--D

    1                 2032-2033           $7,150,000
    2    S  2.  This  act  shall take effect immediately and shall be deemed to
    3  have been in full force and effect on and after April 1, 2013.

    4                                   PART U
    5                            Intentionally omitted

    6                                   PART V

    7    Section 1. The executive law is amended by adding a new  section  29-i
    8  to read as follows:
    9    S  29-I. IMMUNITY FROM LIABILITY FOR EMERGENCY ALERTS. ANY PROVIDER OF
   10  MOBILE SERVICES, AS DEFINED IN 47 U.S.C. 153,  INCLUDING  ITS  OFFICERS,
   11  DIRECTORS, EMPLOYEES, VENDORS AND AGENTS, ACTING ON BEHALF OF THE STATE,
   12  THAT  TRANSMITS  EMERGENCY  ALERTS  SIMILAR TO THOSE DESCRIBED IN 47 CFR
   13  10.10 AND 10.400 SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION RELATED  TO
   14  OR  ANY HARM RESULTING FROM THE TRANSMISSION OF, OR FAILURE TO TRANSMIT,
   15  AN EMERGENCY ALERT, PROVIDED  THAT  SUCH  PROVIDER,  OFFICER,  DIRECTOR,
   16  EMPLOYEE, VENDOR OR AGENT ACTED REASONABLY AND IN GOOD FAITH.
   17    S 2. This act shall take effect immediately.

   18                                   PART W

   19    Section  1.  Subsection  (g)  of section 5402 of the insurance law, as
   20  added by chapter 136 of the laws of 2008, is amended to read as follows:
   21    (g) In addition to fire insurance,  extended  coverage,  coverage  for
   22  additional  perils  and  homeowners  insurance  should  the same be made
   23  available through the association in accordance with a determination  of
   24  necessity  pursuant to section five thousand four hundred twelve of this
   25  article, the association may offer broad  form  coverage  to  applicants
   26  seeking to insure real property at fixed locations of this state, or the
   27  tangible  personal  property  located thereon. The association may offer
   28  broad form coverage for a period of [five] TEN years [after  the  effec-
   29  tive  date of this subsection] BEGINNING ON JUNE THIRTIETH, TWO THOUSAND
   30  EIGHT. The superintendent shall require the association to report to him
   31  or her annually during that [five-year] TEN-YEAR period as to the number
   32  of policies written pursuant to this subsection and paragraph  three  of
   33  subsection  (f) of section five thousand four hundred five of this arti-
   34  cle in the previous year, and any other information  the  superintendent
   35  may  require.  The  superintendent shall then report to the governor and
   36  the legislature regarding the number of policies issued pursuant to this
   37  subsection and such paragraph annually for the first [four]  NINE  years
   38  such  coverage  is  offered.  On  or  before January first, two thousand
   39  [thirteen] EIGHTEEN, the superintendent shall make a  final,  cumulative
   40  report to the governor and the legislature which shall include recommen-
   41  dations as to the continuation of such insurance offerings.
   42    S 2. This act shall take effect immediately.

   43                                   PART X

   44    Section  1.    Section 13 of chapter 141 of the laws of 1994, amending
   45  the legislative law and the state finance law relating to the  operation
   46  and administration of the legislature, as amended by section 2 of part S
   47  of chapter 55 of the laws of 2012, is amended to read as follows:
       S. 2605--D                         37                         A. 3005--D

    1    S  13.  This  act shall take effect immediately and shall be deemed to
    2  have been in full force and effect as of April 1, 1994,  provided  that,
    3  the  provisions  of  section  5-a  of  the legislative law as amended by
    4  sections two and two-a of this act shall take effect on January 1, 1995,
    5  and provided further that, the provisions of article 5-A of the legisla-
    6  tive  law  as  added  by section eight of this act shall expire June 30,
    7  [2013] 2014 when upon such date the provisions of such article shall  be
    8  deemed  repealed;  and  provided further that section twelve of this act
    9  shall be deemed to have been in full force and effect on and after April
   10  10, 1994.
   11    S 2.  This act shall take effect immediately,  provided,  however,  if
   12  section  one  of  this  act  shall take effect on or after June 30, 2013
   13  section one of this act shall be deemed to have been in full  force  and
   14  effect on and after June 30, 2013.

   15                                   PART Y

   16    Section  1.  Section  212 of the retirement and social security law is
   17  amended by adding a new subdivision 3 to read as follows:
   18    3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
   19  SECTION,  THE  COMMISSIONER  OF  EDUCATION  MAY  DETERMINE,  PURSUANT TO
   20  SECTION TWO HUNDRED ELEVEN OF THIS ARTICLE, THAT SUCH  EARNINGS  LIMITA-
   21  TIONS  SHALL  NOT APPLY TO A RETIRED POLICE OFFICER EMPLOYED BY A SCHOOL
   22  DISTRICT AS A SCHOOL RESOURCE OFFICER.
   23    S 2. This act shall take effect immediately.

   24                                   PART Z

   25    Section 1.  Subdivision 8 of section 9 of chapter 401 of the  laws  of
   26  2002,  amending the real property tax law and the Nassau county adminis-
   27  trative code relating to assessment and review  of  assessments  in  the
   28  county  of  Nassau,  as  amended  by chapter 183 of the laws of 2012, is
   29  amended to read as follows:
   30    8. Notwithstanding the foregoing provisions of this act, on [March 31,
   31  2013] JUNE 30, 2014 the amendments of sections 6-2.1 and 6-13.0  of  the
   32  Nassau county administrative code, made by sections two and four of this
   33  act,  and section 6-24.1 of such code, as added by section seven of this
   34  act, shall be deemed repealed. On such date the addition  of  the  words
   35  "the  year  following" to the first sentence of subdivision 8 of section
   36  523-b of the real property tax law, as amended by section  one  of  this
   37  act, shall be deemed repealed.
   38    S 2. Paragraph (a) of subdivision 6 of section 523-b of the real prop-
   39  erty  tax law, as amended by chapter 401 of the laws of 2002, is amended
   40  to read as follows:
   41    (a) During the period from January second through [March]  MAY  first,
   42  any  person or corporation claiming to be aggrieved by the assessment of
   43  real estate may apply for correction of such assessment.  Such  applica-
   44  tion shall be duly verified by a person having personal knowledge of the
   45  facts  stated  therein,  provided  that  if the application is signed by
   46  someone other than the person or an officer of the corporation  claiming
   47  to  be aggrieved, the application must be accompanied by a duly executed
   48  power of attorney or authorization or as otherwise  prescribed  by  [the
   49  rules and regulations of the commission] THIS CHAPTER.
   50    S  3.  This act shall take effect immediately; provided, however, that
   51  section two of this act shall expire and be deemed repealed  January  1,
   52  2014.
       S. 2605--D                         38                         A. 3005--D

    1    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    2  sion,  section  or  part  of  this act shall be adjudged by any court of
    3  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    4  impair,  or  invalidate  the remainder thereof, but shall be confined in
    5  its  operation  to the clause, sentence, paragraph, subdivision, section
    6  or part thereof directly involved in the controversy in which such judg-
    7  ment shall have been rendered. It is hereby declared to be the intent of
    8  the legislature that this act would  have  been  enacted  even  if  such
    9  invalid provisions had not been included herein.
   10    S  3.  This  act shall take effect immediately provided, however, that
   11  the applicable effective date of Parts A through Z of this act shall  be
   12  as specifically set forth in the last section of such Parts.
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