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S06255 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6255--D                                            A. 9055--D
 
                SENATE - ASSEMBLY
 
                                    January 17, 2012
                                       ___________
 
        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 to amend the executive law, in relation to DNA testing of certain
          offenders convicted of a crime and to amend chapter 19 of the laws  of
          2012  amending the criminal procedure law and the executive law relat-
          ing to the DNA testing of certain offenders convicted of a  crime,  in
          relation  to  the  effectiveness  thereof  (Part A); to repeal section
          396-ff of the general business law, relating to the pistol and  revol-
          ver  ballistic  identification databank (Part B); to amend the vehicle
          and traffic law, in relation to the administration of traffic  infrac-
          tions  (Part C); intentionally omitted (Part D); intentionally omitted
          (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  effective-
          ness  thereof  (Part  F);  to  amend the executive law, in relation to
          disaster preparedness (Part G); intentionally  omitted  (Part  H);  to
          amend the civil service law, in relation to the reimbursement of medi-
          care premium charges for employees and retired employees of the state,
          public  authorities, public benefit corporations or other quasi-public
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12670-06-2

        S. 6255--D                          2                         A. 9055--D
 
          organizations of the state (Part I); intentionally omitted  (Part  J);

          intentionally  omitted  (Part  K);  to amend the state finance law, in
          relation to the exemption of centralized contracts from audit prior to
          finalization,  the ability to designate an agency contract as a state-
          wide contract, the  expansion  of  state  contract  rights  for  local
          governments  and  non-profit organizations, amending the definition of
          best value  for  procurement  and  in  relation  to  modifications  of
          contracts by not-for-profit corporations; to amend the general munici-
          pal  law,  in  relation  to  expanding  contract  use rights for local
          governments; to amend the economic development law, in relation to the
          procurement opportunities newsletter; to  amend  the  New  York  state
          printing and public documents law, the state finance law, the not-for-
          profit  corporation  law,  the education law and the general municipal

          law, in relation to the procurement of department printing;  to  amend
          chapter 741 of the laws of 1985 relating to authorizing certain organ-
          izations  to  purchase  commodities  under  contracts let by the state
          office of general services, in relation  to  purchases  by  charitable
          organizations;  to  amend  chapter 83 of the laws of 1995 amending the
          state finance law and other laws relating to bonds, notes, and  reven-
          ues,  in  relation to the effectiveness of certain provisions thereof;
          and to repeal sections 6 and 7 of the  New  York  state  printing  and
          public documents law, relating to department printing (Part L); inten-
          tionally  omitted  (Part  M); intentionally omitted (Part N); to amend
          the state technology law, the civil service law,  the  executive  law,
          the state finance law, the tax law, and the county law, in relation to

          renaming the office for technology the office of information technolo-
          gy  services  (Part O); intentionally omitted (Part P); in relation to
          paying the metropolitan transportation authority the costs  associated
          with  reimbursements  for E-ZPass tolls paid by the residents of Broad
          Channel and the Rockaway Peninsula  for  travel  over  the  Cross  Bay
          Veterans  Memorial Bridge (Part Q); to amend the workers' compensation
          law, in relation to the collection of assessments for annual  expenses
          (Part  R);  to amend the legislative law, in relation to extending the
          expiration of payments to members of the assembly serving in a special
          capacity; and to amend chapter 141 of the laws of 1994,  amending  the
          legislative  law  and  the state finance law relating to the operation
          and administration of the legislature, in relation to  extending  such

          provisions  (Part  S);  to  amend  the  correction law, in relation to
          authorizing the transfer of certain facility parole officers  to  open
          positions  as  the  parole officer or senior parole officer title; and
          providing for the repeal of such provisions  upon  expiration  thereof
          (Part  T);  to  amend the correction law, in relation to expanding the
          scope of the annual report by the department  of  corrections  to  the
          legislature  concerning  the  staffing and facilities of state correc-
          tional facilities (Part U); to amend  the  social  services  law,  the
          family  court  act,  the  penal law and the criminal procedure law, in
          relation to the education reform program; and to amend chapter 535  of
          the  laws  of  2011,  amending  the social services law and other laws
          relating to creating an education reform program, in relation  to  the

          effectiveness thereof (Part V); to amend the state finance law and the
          county  law,  in  relation  to  support  for the public defense backup
          center and additional state aid tied to the  salary  of  the  district
          attorney of each county and the calculation thereof; and providing for
          the repeal of such provisions upon expiration thereof (Part W); and to
          amend  the  tax  law,  in relation to the public safety communications
          surcharge (Part X)

        S. 6255--D                          3                         A. 9055--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 2012-2013

     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified  as Parts A through X. 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.  Subparagraph  (iii)  of paragraph (b) of subdivision 3 of
    14  section 995-c of the executive law, as added by chapter 19 of  the  laws
    15  of 2012, is amended to read as follows:

    16    (iii)  In  the  case  of a designated offender whose sentence does not
    17  include either a term of imprisonment or a term of probation, outside of
    18  the city of New York, the court shall order that a court officer take  a
    19  sample  or that the designated offender report to an office of the sher-
    20  iff of that county, and when  the  designated  offender  does  so,  such
    21  sample  shall be collected by the sheriff's office [or a court officer].
    22  Within the city of New York, the court shall order that  the  sample  be
    23  collected by a court officer.
    24    § 2. Section 9 of chapter 19 of the laws of 2012 amending the criminal
    25  procedure  law  and  the  executive  law  relating to the DNA testing of
    26  certain offenders convicted of a crime is amended to read as follows:

    27    § 9. This act shall take effect [October] August  1,  2012;  provided,
    28  however,  that  the  amendments  to  subdivision 7 of section 995 of the
    29  executive law made by section five of this act shall apply to conviction
    30  of designated offenses, and subparagraph two of paragraph (a) of  subdi-
    31  vision  1-a  of section 440.30 of the criminal procedure law as added by
    32  section two of this act shall apply to a  guilty  plea  entered,  on  or
    33  after such effective date.
    34    §  3.  This  act shall take effect immediately; provided, however that
    35  section one of this act shall take effect on the same date as section  6
    36  of chapter 19 of the laws of 2012 takes effect.
 
    37                                   PART B
 
    38    Section 1. Section 396-ff of the general business law is REPEALED.
    39    § 2. This act shall take effect immediately.
 

    40                                   PART C
 
    41    Section  1. Section 1806 of the vehicle and traffic law, as amended by
    42  section 1 of part TT of chapter 56 of the laws of 2009,  is  amended  to
    43  read as follows:
    44    § 1806. Plea  of  not  guilty  by  a  defendant charged with a traffic
    45  infraction. In addition to appearing personally to enter a plea  of  not
    46  guilty to a violation of any provision of the tax law or the transporta-
    47  tion  law  regulating  traffic,  or  to  a  traffic  infraction  for the

        S. 6255--D                          4                         A. 9055--D
 
     1  violation of any of the provisions of the vehicle and traffic law or  of
     2  any  local  law,  ordinance,  order,  rule or regulation relating to the
     3  operation of motor vehicles or motorcycles, a defendant may enter a plea

     4  of  not  guilty  by mailing to the court of appropriate jurisdiction the
     5  ticket making the charge and a signed statement  indicating  such  plea.
     6  Such  plea  must  be  sent:  (a) by registered or certified mail, return
     7  receipt requested or by first class mail;  and  (b)  within  forty-eight
     8  hours  after  receiving  such  ticket.  Upon  receipt of such ticket and
     9  statement, the court shall advise the violator, by first class mail,  of
    10  an  appearance  at  which  no  testimony shall be taken. If the motorist
    11  requests a trial, the court shall set a trial date on a date  subsequent
    12  to  the date of the initial appearance and shall notify the defendant of
    13  the date by first class mail but no warrant of  arrest  for  failure  to
    14  appear  can  be  issued  until  the  violator is notified of a new court

    15  appearance  date  by  registered  or  certified  mail,  return   receipt
    16  requested, and fails to appear.
    17    § 2. This act shall take effect immediately.
 
    18                                   PART D
 
    19                            Intentionally omitted
 
    20                                   PART E
    21                            Intentionally Omitted
 
    22                                   PART F
 
    23    Section  1.  Section  2  of  part H of chapter 503 of the laws of 2009
    24  relating to the disposition  of  monies  recovered  by  county  district
    25  attorneys  before  the filing of an accusatory instrument, as amended by
    26  section 1 of part B of chapter 57 of the laws of  2011,  is  amended  to
    27  read as follows:
    28    §  2.  This act shall take effect immediately and shall remain in full
    29  force and effect until March 31, [2012] 2013, when it shall  expire  and

    30  be deemed repealed.
    31    §  2.  This  act  shall take effect immediately and shall be deemed to
    32  have been in full force and effect on and after March 31, 2012.
 
    33                                   PART G
 
    34    Section 1. Subdivision 2 of section 20 of the executive law is amended
    35  by adding three new paragraphs i, j and k to read as follows:
    36    i. "incident management team" means a state certified team of  trained
    37  personnel  from  different  departments,  organizations,  agencies,  and
    38  jurisdictions within the state, or a region of the state,  activated  to
    39  support  and  manage  major and/or complex incidents requiring a signif-
    40  icant number of local, regional, and state resources.
    41    j. "executive level officer" means a state  agency  officer  with  the

    42  authority to deploy agency assets and resources and make decisions bind-
    43  ing a state agency.
    44    k.  "third  party  non-state  resources" means any contracted resource
    45  that is not owned or controlled by the state or a political  subdivision
    46  including,  but  not  limited  to,  ambulances,  construction  crews, or
    47  contractors.

        S. 6255--D                          5                         A. 9055--D
 
     1    § 2.  Subdivision 1 of section 21 of the executive law, as amended  by
     2  section  93 of subpart B of part C of chapter 62 of the laws of 2011, is
     3  amended to read as follows:
     4    1.  There  is  hereby  created  in the executive department a disaster
     5  preparedness commission consisting of the commissioners  of  transporta-

     6  tion,  health, division of criminal justice services, education, [social
     7  services,] economic development, agriculture and  markets,  housing  and
     8  community  renewal, general services, labor, environmental conservation,
     9  mental health, parks, recreation and historic preservation,  corrections
    10  and  community supervision [and], children and family services, homeland
    11  security and emergency services, and people with developmental disabili-
    12  ties, the president of the New York state energy research  and  develop-
    13  ment  authority,  the superintendents of state police[, insurance, bank-
    14  ing,] and financial services, the secretary of  state,  the  state  fire
    15  administrator,  the chair of the public service commission, the adjutant

    16  general, [the directors of the offices within the division  of  homeland
    17  security  and  emergency  services,]  the office for technology, and the
    18  office of victim services, the chairs  of  the  thruway  authority,  the
    19  metropolitan  transportation  authority,  the port authority of New York
    20  and New Jersey, the chief professional officer of the state coordinating
    21  chapter of the American Red Cross and three additional  members,  to  be
    22  appointed  by  the governor, two of whom shall be chief executives. Each
    23  member agency may designate an executive level officer of  that  agency,
    24  with responsibility for disaster preparedness matters, who may represent
    25  that agency on the commission. The commissioner of the division of home-
    26  land security and emergency services shall serve as chair of the commis-

    27  sion, and the governor shall designate the vice chair of the commission.
    28  The  members of the commission, except those who serve ex officio, shall
    29  be allowed their actual and necessary expenses incurred in the  perform-
    30  ance  of their duties under this article but shall receive no additional
    31  compensation for services rendered pursuant to this article.
    32    § 3.  Paragraph f of subdivision 3 of section 21 of the executive law,
    33  as amended by section 2 of part B of chapter 56 of the laws of 2010,  is
    34  amended to read as follows:
    35    f.  (1) unless it deems it unnecessary, create, following the declara-
    36  tion of a state disaster emergency,  a  temporary  organization  in  the
    37  disaster  area  to  provide  for integration and coordination of efforts
    38  among  the  various  federal,  state,  municipal  and  private  agencies

    39  involved.    The commission, upon a request from a municipality and with
    40  the approval of the governor, shall direct the temporary organization to
    41  assume direction of the local disaster operations of such  municipality,
    42  for  a  specified  period of time not to exceed thirty days, and in such
    43  cases such temporary organization shall assume direction of  such  local
    44  disaster operations, subject to the supervision of the commission.  Upon
    45  the  expiration  of the thirty day period the commission, at the request
    46  of the municipality, may extend the temporary  organization's  direction
    47  of  such  local disaster operations for additional periods not to exceed
    48  thirty days. The commission, upon  a  finding  that  a  municipality  is

    49  unable  to  manage  local disaster operations, may, with the approval of
    50  the governor, direct the temporary organization to assume  direction  of
    51  the  local  disaster  operations  of  such municipality, for a specified
    52  period of time not to exceed thirty days, and in such cases such  tempo-
    53  rary  organization  shall  assume direction of such local disaster oper-
    54  ations, subject to the supervision of the commission.   Upon  expiration
    55  of  the  thirty  day  period the commission, after consultation with the
    56  municipality, and with the approval of  the  governor,  may  extend  the

        S. 6255--D                          6                         A. 9055--D
 
     1  temporary organization's direction of such local disaster operations for

     2  additional periods not to exceed thirty days. In such event, such tempo-
     3  rary  organization  may  utilize  such  municipality's  local resources,
     4  provided,  however,  that the state shall not be liable for any expenses
     5  incurred in using such municipality's resources. The state shall not  be
     6  liable  for  the  expenses  incurred  in  using  third  party, non-state
     7  resources deployed to the affected area by the  temporary  organization,
     8  which are necessary to protect life and safety;
     9    (2) The state incident management team shall have the authority to act
    10  as  the  operational  arm  of the temporary organization. When called to
    11  duty and deployed by the state, members of any state or  local  incident
    12  management  team  shall  be  deemed temporary employees of the state and

    13  shall have the same privileges and immunities afforded to regular  state
    14  employees, subject to the rules and regulations promulgated by the pres-
    15  ident  of  the  state  civil  service commission pursuant to section one
    16  hundred sixty-three of the civil service law;
    17    § 4. Subdivision 5 of section 21 of the executive  law,  as  added  by
    18  section  2  of  part  B of chapter 56 of the laws of 2010, is amended to
    19  read as follows:
    20    5. The state office of emergency management  within  the  division  of
    21  homeland  security  and  emergency  services  shall serve as the [staff]
    22  operational arm of the commission and shall be  responsible  for  imple-
    23  menting provisions of this article and the rules and policies adopted by

    24  the  commission.   The director of the state office of emergency manage-
    25  ment within the division of homeland  security  and  emergency  services
    26  shall  exercise the authority given to the disaster preparedness commis-
    27  sion in section twenty-nine of this article, to  coordinate  and  direct
    28  state  agencies  and  assets  in response to a state disaster emergency,
    29  through their respective agency heads, on behalf of the governor and the
    30  chair of the disaster preparedness commission, when  the  governor,  the
    31  lieutenant  governor, and the chair of the disaster preparedness commis-
    32  sion are incapacitated or without an available means of reliable  commu-
    33  nication  with the state office of emergency management. If the director

    34  of the state office of emergency management is unable to  exercise  this
    35  authority,  then  the  executive  deputy commissioner of the division of
    36  homeland security and emergency services shall act in this capacity.  In
    37  the  event  that the executive deputy commissioner is unable to exercise
    38  this authority, then such authority shall be exercised by  the  official
    39  willing  and able to do so in the following order: the superintendent of
    40  the division of state police;  the  state  fire  administrator;  or  the
    41  director  of the office of counterterrorism within the division of home-
    42  land security and emergency services.  Nothing in this subdivision shall
    43  be construed to limit the authority of the governor,  lieutenant  gover-

    44  nor, or the chair of the disaster preparedness commission to oversee the
    45  director of the state office of emergency management within the division
    46  of  homeland  security and emergency services or any official exercising
    47  authority given to the disaster preparedness commission in section twen-
    48  ty-nine of this article.
    49    § 5. The opening paragraph and paragraph f of subdivision 1 of section
    50  24 of the executive law, the opening paragraph as amended by chapter 158
    51  of the laws of 1994 and paragraph f  of  subdivision  1  as  amended  by
    52  section  5  of  part B of chapter 56 of the laws of 2010, are amended to
    53  read as follows:
    54    Notwithstanding any inconsistent provision of law, general or special,
    55  in the event of a disaster,  rioting,  catastrophe,  or  similar  public

    56  emergency  within  the  territorial  limits of any county, city, town or

        S. 6255--D                          7                         A. 9055--D
 
     1  village, or in the event of reasonable apprehension of immediate  danger
     2  thereof,  and  upon  a  finding  by the chief executive thereof that the
     3  public safety is imperiled thereby, such chief executive may proclaim  a
     4  local  state  of  emergency  within  any  part or all of the territorial
     5  limits of such local government; provided, however, that in the event of
     6  a radiological accident as defined  in  section  twenty-nine-c  of  this
     7  article,  such chief executive may request of the governor a declaration
     8  of disaster emergency. Such proclamation shall remain in  effect  for  a
     9  period  not to exceed thirty days or until rescinded by the chief execu-

    10  tive, whichever occurs first. The chief executive may  issue  additional
    11  proclamations  to  extend  the state of emergency for additional periods
    12  not to exceed thirty days. Following such proclamation  and  during  the
    13  continuance  of  such  local state of emergency, the chief executive may
    14  promulgate local emergency orders to protect life  and  property  or  to
    15  bring  the  emergency  situation  under  control.  As illustration, such
    16  orders may, within any part or all of the  territorial  limits  of  such
    17  local government, provide for:
    18    f.  the  establishment or designation of emergency shelters, emergency
    19  medical shelters, and in consultation with  the  state  commissioner  of
    20  health, [alternate medical care sites] community based care centers;

    21    §  6.  Subdivision  3  of section 24 of the executive law, as added by
    22  chapter 640 of the laws of 1978, is amended to read as follows:
    23    3. The proclamation of a local state of emergency and local  emergency
    24  orders  of  a  chief executive of a county shall be executed in [tripli-
    25  cate] quadruplicate and shall be filed within seventy-two  hours  or  as
    26  soon thereafter as practicable in the office of the clerk of the govern-
    27  ing  board  of  the  county,  the  office of the county clerk [and], the
    28  office of the secretary of state  and  the  state  office  of  emergency
    29  management  within  the  division  of  homeland  security  and emergency
    30  services. The proclamation of a local state of emergency and local emer-

    31  gency orders of a chief executive of a city, town or  village  shall  be
    32  executed  in [triplicate] quadruplicate and shall be filed within seven-
    33  ty-two hours or as soon thereafter as practicable in the office  of  the
    34  clerk  of  such  municipal  corporation,  the office of the county clerk
    35  [and], the office of the secretary of state  and  the  state  office  of
    36  emergency  management within the division of homeland security and emer-
    37  gency services.
    38    § 7. Subdivision 1 of section 29-a of the executive law, as  added  by
    39  chapter 640 of the laws of 1978, is amended to read as follows:
    40    1.  Subject  to  the  state constitution, the federal constitution and
    41  federal statutes and regulations, [and after seeking the advice  of  the

    42  commission,]  the  governor  may  by executive order temporarily suspend
    43  specific provisions of any statute, local  law,  ordinance,  or  orders,
    44  rules  or  regulations,  or  parts thereof, of any agency during a state
    45  disaster emergency, if compliance with such  provisions  would  prevent,
    46  hinder, or delay action necessary to cope with the disaster.
    47    §  8.  Paragraph  c  of subdivision 2 of section 29-h of the executive
    48  law, as added by section 10-a of part B of chapter 56  of  the  laws  of
    49  2010, is amended to read as follows:
    50    c.  "Local  emergency  management  [officer] director" means the local
    51  government official responsible for emergency preparedness, response and
    52  recovery;
    53    § 9. Paragraph a of subdivision 6 of section  29-h  of  the  executive
    54  law,  as  added  by  section 10-a of part B of chapter 56 of the laws of

    55  2010, is amended to read as follows:

        S. 6255--D                          8                         A. 9055--D
 
     1    a. A participating local government may request  assistance  of  other
     2  participating local governments in preventing, mitigating, responding to
     3  and  recovering  from disasters that result in locally-declared emergen-
     4  cies, or for the purpose of conducting multi-jurisdictional or  regional
     5  training,  drills  or  exercises.  Requests  for  assistance may be made
     6  verbally or in writing; verbal requests shall be memorialized in writing
     7  as soon thereafter as is practicable.  Notwithstanding the provisions of
     8  section twenty-five of this  article,  the  local  emergency  management
     9  director  shall  have the authority to request and accept assistance and

    10  deploy the local resources of his or her jurisdiction under  the  intra-
    11  state mutual aid program.
    12    §  10.  Paragraph  b of subdivision 8 of section 29-h of the executive
    13  law is relettered paragraph e and three new paragraphs b, c  and  d  are
    14  added to read as follows:
    15    b. Notwithstanding the provisions of section twenty-five of this arti-
    16  cle or any inconsistent provision of law to the contrary, any requesting
    17  local  government  requesting  assistance  under  this  program shall be
    18  liable and responsible to the assisting local government for any loss or
    19  damage to equipment or supplies and  shall  bear  and  pay  the  expense
    20  incurred  in the operation and maintenance of any equipment and the cost

    21  of materials and  supplies  used  in  rendering  assistance  under  this
    22  section.
    23    c.  The  assisting  local  government  shall be liable for salaries or
    24  other compensation for its employees  deployed  to  a  requesting  local
    25  government during the time they are not rendering assistance pursuant to
    26  such  request,  and  shall  defray  the actual traveling and maintenance
    27  expense of its employees and equipment while they are rendering  assist-
    28  ance under this section. The requesting local government shall reimburse
    29  the  assisting local government for any moneys paid for such salaries or
    30  other compensation and traveling and maintenance expenses incurred  from
    31  activities performed while rendering assistance under this program.

    32    d.  Notwithstanding  paragraph  c  of  this subdivision, any voluntary
    33  ambulance service rendered pursuant to a request  for  assistance  under
    34  this program that affects a volunteer ambulance workers service award or
    35  supplemental  service  award  from  a service award program or a supple-
    36  mental service award program established pursuant to article  eleven-aa,
    37  article  eleven-aaa, or article eleven-aaaa of the general municipal law
    38  shall be the responsibility of the political subdivision  which  adopted
    39  the  service award program or supplemental service award program and not
    40  the responsibility of the requesting local government.
    41    § 11. Subdivisions 9 and 10 of section 29-h of the executive  law  are

    42  renumbered  subdivisions  10  and  11  and  subdivision  10, as added by
    43  section 10-a of part B of chapter 56 of the laws of 2010, is amended  to
    44  read as follows:
    45    10.  Liability.  a. Each local government is responsible for procuring
    46  and maintaining insurance or other coverage as it deems appropriate.
    47    b.   While  rendering  assistance  under  the  intrastate  mutual  aid
    48  program, employees of the assisting local government shall have the same
    49  immunities  and privileges as if such duties were performed within their
    50  home jurisdiction. An assisting local  government  providing  assistance
    51  pursuant  to  the  intrastate mutual aid program shall be liable for the
    52  negligence of its employees, which occurs in the  performance  of  their

    53  duties  in  the same manner and to the same extent as if such negligence
    54  occurred in the performance of their duties in their home jurisdiction.
    55    c. Employees of an assisting local government responding to or render-
    56  ing assistance pursuant to a request for assistance who  sustain  injury

        S. 6255--D                          9                         A. 9055--D
 
     1  or  death in the course of, and arising out of, their response are enti-
     2  tled to all applicable benefits as if they were responding in their home
     3  jurisdiction. The assisting local government shall  be  liable  for  all
     4  costs or payments for such benefits as required by law.
     5    d. Nothing in this section shall be construed to prevent the assisting

     6  and requesting local governments from agreeing to other terms related to
     7  liability  and compensation.  Local governments may choose to enter into
     8  an agreement, at any time, to alter these terms as they deem necessary.
     9    e.  Nothing  in  this  section  shall  be  construed  to  provide  any
    10  protection  against  liability, or to create any liability, for an indi-
    11  vidual who responds to a state of  emergency  where  aid  has  not  been
    12  requested,  or  where  aid  has  not been authorized by the individual's
    13  [local government] home jurisdiction.
    14    § 12. Section 29-h of the executive law is amended by adding  two  new
    15  subdivisions 9 and 12 to read as follows:
    16    9.  Performance  of  services.  a. (1) Employees of an assisting local

    17  government shall continue under the administrative control of their home
    18  jurisdiction. However, in all other cases where not prohibited by gener-
    19  al, special or local law, rule or regulation, employees of an  assisting
    20  local  government  shall be under the direction and control of the local
    21  emergency management director or other official charged with  performing
    22  emergency management functions for the requesting local government;
    23    (2)  Performance  by  employees  of  an  assisting local government of
    24  services for a requesting local  government  pursuant  to  this  section
    25  shall have no impact upon whether negotiating unit employees represented
    26  by an employee organization, recognized or certified pursuant to section

    27  two  hundred  six  or two hundred seven of the civil service law, exclu-
    28  sively perform such services, as that  phrase  is  used  by  the  public
    29  employment  relations  board,  on behalf of the requesting local govern-
    30  ment;
    31    b. Assets and equipment of an assisting local government shall contin-
    32  ue under the ownership of the assisting local government, but  shall  be
    33  under the direction and control of the local emergency management direc-
    34  tor or other official charged with performing emergency management func-
    35  tions for the requesting local government.
    36    12.  License,  certificate  and permit portability. a. State certified
    37  emergency medical services providers who respond outside of their normal

    38  jurisdiction pursuant to a request for  assistance  under  this  program
    39  shall follow their normal operating protocols as if they were responding
    40  and rendering services in their home jurisdiction.
    41    b.  Any  other  individual  authorized and deployed by a participating
    42  local government when responding pursuant to a  request  for  assistance
    43  under this program shall have the same powers and duties as if they were
    44  responding in their home jurisdiction.
    45    §  13.  Paragraph  a of subdivision 8 of section 29-h of the executive
    46  law, as added by section 10-a of part B of chapter 56  of  the  laws  of
    47  2010, is amended to read as follows:
    48    a. Any assisting local government requesting [aid] reimbursement under

    49  this  program  for  loss, damage or expenses incurred in connection with
    50  the provision of  [aid]  assistance  that  seeks  reimbursement  by  the
    51  requesting  local  government shall make such request in accordance with
    52  procedures developed by the intrastate mutual aid committee.
    53    § 14. The division of homeland security and emergency services  shall,
    54  in  consultation  with the New York state education department, evaluate
    55  the inclusion of school district and board  of  cooperative  educational
    56  services  participation  in the intrastate mutual aid program. If advis-

        S. 6255--D                         10                         A. 9055--D
 
     1  able, the commissioner of the division of homeland security and emergen-
     2  cy services shall develop a plan or process for  implementation.    Both

     3  the  evaluation  and  the  plan,  including legislative recommendations,
     4  shall  be  submitted  to  the  governor,  the temporary president of the
     5  senate and the speaker of the assembly within six months of  the  effec-
     6  tive date of this act.
     7    § 15. This act shall take effect immediately.
 
     8                                   PART H
     9                            Intentionally Omitted
 
    10                                   PART I
 
    11    Section  1.  Section  167-a  of  the  civil service law, as separately
    12  amended by section 8 of part T and section 1 of part U of chapter 56  of
    13  the laws of 2010, is amended to read as follows:
    14    § 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
    15  from the coverage of the health benefit plan  of  supplementary  medical
    16  insurance  benefits for which an active or retired employee or a depend-

    17  ent covered by the health benefit plan is or would be eligible under the
    18  federal old-age, survivors and disability insurance program,  an  amount
    19  equal  to  the  premium  charge for such supplementary medical insurance
    20  benefits for such active or retired employee and his or her  dependents,
    21  if  any,  shall  be paid monthly or at other intervals to such active or
    22  retired employee from the health insurance fund. Where appropriate, such
    23  amount may be deducted from contributions payable  by  the  employee  or
    24  retired employee; or where appropriate in the case of a retired employee
    25  receiving  a  retirement  allowance,  such  amount  may be included with
    26  payments of his or her retirement allowance. All state employer, employ-
    27  ee, retired employee and dependent contributions to the health insurance
    28  fund, including contributions from public  authorities,  public  benefit

    29  corporations  or  other quasi-public organizations of the state eligible
    30  for participation in the health benefit plan as authorized  by  subdivi-
    31  sion  two  of  section one hundred sixty-three of this article, shall be
    32  adjusted as necessary to cover the cost of reimbursing federal  old-age,
    33  survivors  and  disability  insurance program premium charges under this
    34  section. This cost shall be included in the calculation  of  premium  or
    35  subscription  charges  for health coverage provided to [state] employees
    36  and retired [state] employees of the state, public  authorities,  public
    37  benefit  corporations  or other quasi-public organizations of the state;
    38  provided, however, the state, public authorities, public benefit  corpo-

    39  rations  or  other  quasi-public organizations of the state shall remain
    40  obligated to pay no less than its share of such increased cost  consist-
    41  ent  with  its  share of premium or subscription charges provided for by
    42  this article. All other employer contributions to the  health  insurance
    43  fund shall be adjusted as necessary to provide for such payments.
    44    §  2.  This  act  shall take effect immediately and shall be deemed to
    45  have been in full force and effect on and after April 1, 2012.
 
    46                                   PART J
    47                            Intentionally Omitted
 
    48                                   PART K
    49                            Intentionally Omitted

        S. 6255--D                         11                         A. 9055--D
 
     1                                   PART L
 
     2    Section 1. Intentionally omitted.

     3    §  2. Paragraph j of subdivision 1 of section 163 of the state finance
     4  law, as added by chapter 83 of the laws of 1995, is amended to  read  as
     5  follows:
     6    j. "Best value" means the basis for awarding contracts for services to
     7  the  offerer which optimizes quality, cost and efficiency, among respon-
     8  sive and responsible offerers. Such basis shall reflect, wherever possi-
     9  ble, objective and quantifiable analysis. Such basis may also identify a
    10  quantitative factor for offerers that are small businesses or  certified
    11  minority- or women-owned business enterprises as defined in subdivisions
    12  one, seven, fifteen and twenty of section three hundred ten of the exec-
    13  utive  law  to be used in evaluation of offers for awarding of contracts
    14  for services.

    15    § 3. Subparagraphs (iv) and (viii) of paragraph a of subdivision 3  of
    16  section  163  of  the state finance law, subparagraph (iv) as amended by
    17  chapter 430 of the laws of 1997, and subparagraph (viii) as  amended  by
    18  section  165  of  subpart B of part C of chapter 62 of the laws of 2011,
    19  are amended to read as follows:
    20    (iv) The commissioner is authorized to permit [any  officer,  body  or
    21  agency of the state or of a political subdivision or a district therein,
    22  or  fire  company  or volunteer ambulance service as such are defined in
    23  section one hundred of the general municipal law, to make] purchases  of
    24  commodities  and  services  for  authorized  users through the office of
    25  general services' centralized contracts[, pursuant to the provisions  of

    26  section  one hundred four of the general municipal law. The commissioner
    27  is authorized to permit any  county  extension  service  association  as
    28  authorized under subdivision eight of section two hundred twenty-four of
    29  the  county  law, or any association or other entity as specified in and
    30  in accordance with section one hundred nine-a of the  general  municipal
    31  law,  or  any  other association or entity as specified in state law, to
    32  make purchases of commodities through the office  of  general  services'
    33  centralized  contracts; provided, however, that such entity so empowered
    34  shall accept sole responsibility for any payment  due  with  respect  to
    35  such  purchase].    Such authorized users so empowered shall accept sole

    36  responsibility for any payment due with respect to such purchases.
    37    [(viii) The commissioner may permit and prescribe the conditions  for,
    38  (A)  any  association, consortium or group of privately owned or munici-
    39  pal, federal or state owned  or  operated  hospitals,  medical  schools,
    40  other  health  related facilities or voluntary ambulance services, which
    41  have entered into a contract and made mutual arrangements for the  joint
    42  purchase of commodities pursuant to section twenty-eight hundred three-a
    43  of the public health law; (B) any institution for the instruction of the
    44  deaf  or  of  the  blind  listed in section forty-two hundred one of the
    45  education law; (C) any qualified non-profit-making agency for the  blind

    46  approved  by  the  commissioner  of  the  office  of children and family
    47  services or the office of temporary and disability assistance;  (D)  any
    48  qualified  charitable non-profit-making agency for the severely disabled
    49  approved by the commissioner of education; (E) any hospital or  residen-
    50  tial health care facility as defined in section twenty-eight hundred one
    51  of  the public health law; (F) any private not-for-profit mental hygiene
    52  facility as defined in section 1.03 of the mental hygiene law;  and  (G)
    53  any public authority or public benefit corporation of the state, includ-
    54  ing  the  port  authority  of New York and New Jersey and the interstate
    55  environmental commission, to make purchases using centralized  contracts


        S. 6255--D                         12                         A. 9055--D

     1  for commodities. Such qualified non-profit-making agencies for the blind
     2  and  severely  disabled  may make purchases from the correctional indus-
     3  tries program of the department of corrections and community supervision
     4  subject to rules pursuant to the correction law.]
     5    §  4. Paragraph d of subdivision 3 of section 163 of the state finance
     6  law, as added by chapter 83 of the laws of 1995, is amended to  read  as
     7  follows:
     8    d. The commissioner may make, or cause to be made by a duly authorized
     9  representative,  any  investigation  which he or she may deem proper for
    10  acquiring the necessary information from a state  agency,  except  state
    11  agencies  where the head of the agency is not appointed by the governor,

    12  including but not limited to the state education department, the depart-
    13  ment of law, and the department of audit and control, for  the  exercise
    14  of  his  or  her powers and duties under this [subdivision] section. For
    15  such purposes the commissioner may subpoena and compel the attendance of
    16  witnesses before him or her, or an authorized  representative,  and  may
    17  compel  the  production  of  books,  papers,  records  or documents. The
    18  commissioner or a duly  authorized  representative  may  take  and  hear
    19  proofs and testimony and, for that purpose, the commissioner or the duly
    20  authorized representative may administer oaths. In addition, the commis-
    21  sioner or the duly authorized representative:
    22    (i)  Shall  have  access  at  all reasonable times to offices of state
    23  agencies;

    24    (ii) May examine all books, papers, records and documents in any  such
    25  state  agency  as  pertain directly to the purchase, control or distrib-
    26  ution of commodities; and
    27    (iii) May require any state agency to furnish such  data,  information
    28  or statement as may be necessary.
    29    §  5. Paragraph e of subdivision 4 of section 163 of the state finance
    30  law, as amended by chapter 95 of the laws of 2000, is amended to read as
    31  follows:
    32    e. [Any officer, body or agency of a political subdivision as  defined
    33  in section one hundred of the general municipal law or a district there-
    34  in,  may  make  purchases  of  services  through  the  office of general
    35  services' centralized contracts for services, subject to the  provisions
    36  of  section  one  hundred four of the general municipal law. The commis-

    37  sioner may permit and prescribe  the  conditions  for  the  purchase  of
    38  services  through  the office of general services' centralized contracts
    39  for services by any public authority or public  benefit  corporation  of
    40  the  state  including the port authority of New York and New Jersey. The
    41  commissioner is authorized to permit  any  public  library,  association
    42  library,  library  system,  cooperative  library  system,  the  New York
    43  Library Association, and the  New  York  State  Association  of  Library
    44  Boards  or  any  other  library  except  those which are operated by for
    45  profit entities, to make purchases of services  through  the  office  of
    46  general  services'  centralized  contracts; provided, however, that such

    47  entity so empowered shall accept sole responsibility for any payment due
    48  with respect to such purchase.] The commissioner is authorized to permit
    49  purchases of services for authorized users through the office of general
    50  services' centralized contracts.   Such authorized  users  so  empowered
    51  shall  accept  sole  responsibility  for any payment due with respect to
    52  such purchases.
    53    § 6. The section heading and subdivision  1  of  section  104  of  the
    54  general municipal law, as amended by section 7 of subpart A of part C of
    55  chapter 97 of the laws of 2011, are amended to read as follows:

        S. 6255--D                         13                         A. 9055--D
 
     1    Purchase  through  office  of  general  services; purchases from other

     2  public contracts; certain  federal  contracts.  1.  Notwithstanding  the
     3  provisions  of section one hundred three of this article or of any other
     4  general, special or local law, any officer, board or agency of  a  poli-
     5  tical  subdivision,  of  a  district  therein, of a fire company or of a
     6  voluntary ambulance service authorized to make purchases of commodities,
     7  materials, equipment, technology, food  products,  [or]  supplies[,]  or
     8  services  available  pursuant to [sections one hundred sixty-one and one
     9  hundred sixty-seven]  section  one  hundred  sixty-three  of  the  state
    10  finance  law,  may  make  such  purchases[, except of printed material,]
    11  through the office of general services or any other department or agency

    12  of the state subject to [such] rules [as may be established from time to
    13  time] promulgated pursuant to [sections one hundred sixty-three and  one
    14  hundred  sixty-seven]  article eleven of the state finance law; provided
    15  that any such purchase shall exceed five hundred dollars  and  that  the
    16  political  subdivision,  district,  fire  company or voluntary ambulance
    17  service for which such officer, board or agency acts shall  accept  sole
    18  responsibility  for  any  payment due the vendor. All purchases shall be
    19  subject to audit and inspection by the political subdivision,  district,
    20  fire  company or voluntary ambulance service for which made. No officer,
    21  board or agency of a political subdivision, or a district therein, of  a

    22  fire company or of a voluntary ambulance service shall make any purchase
    23  through  such  [office]  public  entity when bids have been received for
    24  such purchase by such officer, board or agency, unless such purchase may
    25  be made upon the same terms, conditions and specifications  at  a  lower
    26  price through such office. Two or more fire companies or voluntary ambu-
    27  lance  services  may  join in making purchases pursuant to this section,
    28  and for the purposes of this section such groups shall be  deemed  "fire
    29  companies or voluntary ambulance services."
    30    §  7.  Subparagraph (i) of paragraph b of subdivision 4 of section 163
    31  of the state finance law, as added by chapter 83 of the laws of 1995 and
    32  as designated by chapter 137 of the laws of 2008, is amended to read  as
    33  follows:
    34    (i)  Centralized  contracts for services may be procured by the office

    35  of general services at the request of state agencies [and state agencies
    36  may when such centralized contracts are in the form, function or utility
    37  required  by  said  agency,  purchase   from   established   centralized
    38  contracts. The state procurement council may, from time to time, require
    39  that state agencies procure services from certain centralized contracts]
    40  or  as determined by the commissioner. The purchase of services by state
    41  agencies, except state agencies where the head  of  the  agency  is  not
    42  appointed by the governor, including but not limited to the state educa-
    43  tion  department, the department of law, and the department of audit and
    44  control, shall be conducted in a manner that accords second priority  to

    45  centralized  contracts  meeting  form,  function and utility required by
    46  said agency,  third  priority  to  agency  or  multi-agency  established
    47  contracts and fourth priority to other means of contracting.
    48    § 8. Intentionally omitted.
    49    §  9.  Subdivision 5 of section 163 of the state finance law, as added
    50  by chapter 83 of the laws of 1995, is amended to read as follows:
    51    5. Process for conducting state procurements. The process for conduct-
    52  ing state procurements for services and commodities shall be as follows:
    53    [a.] Determination of need. State agencies shall  be  responsible  for
    54  determining the need for a given service or commodity:
    55    (i)  For  commodities, upon such determination of need, state agencies
    56  shall ascertain whether the commodity is available in the form, function


        S. 6255--D                         14                         A. 9055--D
 
     1  and utility consistent with their needs from preferred  sources  and  if
     2  so,  shall purchase said commodity from a preferred source in accordance
     3  with the provisions of this article. If not so available, state agencies
     4  shall determine whether the commodity is available in the form, function
     5  and utility consistent with their needs on a centralized contract and if
     6  so, except as provided in subparagraph (v) of paragraph a of subdivision
     7  three  of this section, shall purchase said commodity using the central-
     8  ized contract. If a commodity is not available in the form, function and
     9  utility consistent with the needs of the state agency from  a  preferred
    10  source  or a centralized contract or as provided for in subparagraph (v)
    11  of paragraph a of subdivision three of this section,  the  state  agency

    12  may  procure  the commodity independently or in conjunction with another
    13  state agency in accordance with paragraph c of subdivision three of this
    14  section.
    15    (ii) For services, upon such determination  of  need,  state  agencies
    16  shall  ascertain  whether the service is available in the form, function
    17  and utility consistent with their needs from preferred sources  and,  if
    18  so,  shall purchase said service through the preferred source in accord-
    19  ance with the provisions of this article. If  not  so  available,  state
    20  agencies [may] the heads of which are appointed by the governor:
    21    (A)  [Purchase]  Shall  purchase the service if it is available in the
    22  form, function and utility consistent with their needs using  an  estab-
    23  lished  centralized  contract  procured  by either the office of general
    24  services or another state agency;

    25    (B) [Request] May request that the office of general services  procure
    26  such a service, particularly with respect to those services having util-
    27  ity and/or benefit to more than one state agency; or
    28    (C)  [Procure] May procure the service independently or in conjunction
    29  with another state agency.
    30    [b. The state procurement council may,  from  time  to  time,  require
    31  state agencies to procure certain services from centralized contracts.]
    32    §  10.  Subdivision  7  of  section  163  of the state finance law, as
    33  amended by section 10 of part FF of chapter 56 of the laws of  2010,  is
    34  amended to read as follows:
    35    7. Method of procurement. Consistent with the requirements of subdivi-
    36  sions  three and four of this section, state agencies shall select among

    37  permissible methods of procurement including, but  not  limited  to,  an
    38  invitation for bid, request for proposals or other means of solicitation
    39  pursuant  to  guidelines  issued by the state procurement council. State
    40  agencies may accept bids  electronically  including  submission  of  the
    41  statement of non-collusion required by section one hundred thirty-nine-d
    42  of  this  chapter  and,  starting  April first, two thousand twelve, and
    43  ending March thirty-first, two thousand  fifteen,  may,  for  commodity,
    44  service  and technology contracts [and, in addition, for the period from
    45  July first, two thousand ten, to July first, two thousand twelve,  fuels
    46  (home  heating,  diesel,  gasoline,  natural  gas),  road salt, recycled

    47  paper, tires, telecommunications equipment, industrial supplies  (tools,
    48  equipment),  bituminous  materials,  drainage and culvert pipe, and road
    49  aggregate (gravel),] require electronic submission as  the  sole  method
    50  for  the  submission  of bids for the solicitation[, provided that the].
    51  State agencies shall undertake no more than eighty-five such  electronic
    52  bid  solicitations,  none  of  which shall be reverse auctions, prior to
    53  April first, two thousand  fifteen.  In  addition,  state  agencies  may
    54  conduct up to twenty reverse auctions through electronic means, prior to
    55  April  first,  two  thousand  fifteen. Prior to requiring the electronic
    56  submission of bids, the agency [has made] shall  make  a  determination,

        S. 6255--D                         15                         A. 9055--D
 
     1  which  shall be documented in the procurement record, that [such method]
     2  electronic submission affords a fair and equal opportunity for  offerers
     3  to submit responsive offers. Within thirty days of the completion of the
     4  eighty-fifth  electronic  bid solicitation, or by April first, two thou-
     5  sand fifteen, whichever is earlier, the  commissioner  shall  prepare  a
     6  report  assessing the use of electronic submissions and make recommenda-
     7  tions regarding future use of  this  procurement  method.  In  addition,
     8  within  thirty  days  of the completion of the twentieth reverse auction
     9  through electronic means, or  by  April  first,  two  thousand  fifteen,

    10  whichever  is earlier, the commissioner shall prepare a report assessing
    11  the use of reverse auctions through electronic means and make  recommen-
    12  dations  regarding  future  use of this procurement method. Such reports
    13  shall be published on the website of the  office  of  general  services.
    14  Except  where  otherwise  provided by law, procurements shall be compet-
    15  itive, and state agencies shall conduct formal competitive  procurements
    16  to  the  maximum  extent  practicable. State agencies shall document the
    17  determination of the method of procurement and the basis of award in the
    18  procurement record. Where the basis for award is the best  value  offer,
    19  the  state  agency  shall  document,  in  the  procurement record and in
    20  advance of the initial receipt of offers, the determination of the eval-

    21  uation criteria, which whenever possible, shall be quantifiable, and the
    22  process to be used in the determination of best value and the manner  in
    23  which the evaluation process and selection shall be conducted.
    24    § 11. Intentionally omitted.
    25    §  12.  Subdivision  8  of  section  163  of the state finance law, as
    26  amended by chapter 95 of the  laws  of  2000,  is  amended  to  read  as
    27  follows:
    28    8. Public notice. All procurements by state agencies, including, with-
    29  out limitation, the state university of New York and the city university
    30  of  New  York,  in  excess  of [fifteen] fifty thousand dollars shall be
    31  advertised  in  the  state's  procurement  opportunities  newsletter  in
    32  accordance with article four-C of the economic development law.

    33    § 13. Paragraph m of subdivision 2 of section 161 of the state finance
    34  law,  as  added by chapter 95 of the laws of 2000, is amended to read as
    35  follows:
    36    m. Establish and, from time to time, amend guidelines with respect  to
    37  publishing by state agencies of quarterly listings of projected procure-
    38  ments  having  a  value greater than five thousand dollars but less than
    39  [fifteen] fifty thousand dollars in the procurement opportunities  news-
    40  letter established by article four-C of the economic development law.
    41    § 14. Subdivision 3 of section 141 of the economic development law, as
    42  amended  by  chapter  137  of  the  laws  of 2008, is amended to read as
    43  follows:
    44    3. "Procurement contract" shall mean  any  written  agreement  entered
    45  into   by   an  agency  for  the  acquisition  of  goods,  services,  or

    46  construction of any kind in the actual or estimated amount of  [fifteen]
    47  fifty  thousand  dollars or more. The term does not include an agreement
    48  for employment in the civil service.
    49    § 15. Paragraph (b) of subdivision 2 of section 142  of  the  economic
    50  development  law,  as  amended  by  chapter  137 of the laws of 2008, is
    51  amended to read as follows:
    52    (b) for procurement contracts in excess of ten  thousand  dollars  and
    53  less  than  [twenty]  fifty  thousand dollars to be awarded by the state
    54  university of New York or the city university of New York, (i)  a  quar-
    55  terly  listing  of projected procurement purchases by commodity for each
    56  institution of the state university of New York or the  city  university

        S. 6255--D                         16                         A. 9055--D
 

     1  of  New  York;  (ii) an explanation of how to apply for placement on any
     2  bidder lists maintained by the state university of New York or the  city
     3  university  of  New  York;  and  (iii)  a  description of procedures for
     4  providing  advance notification by mail to individuals or business enti-
     5  ties on such bidder lists of any request for  proposals,  in  accordance
     6  with  rules  and  regulations promulgated by the state university or the
     7  city university; and
     8    § 16. Section 143 of the economic development law is amended by adding
     9  a new subdivision 4 to read as follows:
    10    4. At the time an agency enters into a contract with a single or  sole
    11  source provider pursuant to section one hundred sixty-three of the state
    12  finance  law,  for  an  amount in excess of fifty thousand dollars, such

    13  agency shall submit an announcement of the intended contract for  inclu-
    14  sion  in the procurement opportunities newsletter, and shall specify the
    15  recipient of the contract.
    16    § 17. Paragraph (e) of subdivision 2 of section 144  of  the  economic
    17  development law, as added by chapter 862 of the laws of 1990, is amended
    18  to read as follows:
    19    (e)  Notwithstanding  the foregoing, any agency receiving an exemption
    20  for a procurement contract in  accordance  with  this  subdivision  must
    21  nevertheless  publish  notice  of  either  the  letting  or award of the
    22  contract, and the reasons for any such  exemption,  in  the  procurement
    23  opportunities  newsletter as soon as practicable, unless the comptroller
    24  determines that publication would affect the ability of (i) law enforce-

    25  ment agencies to carry out investigations, or (ii) agencies  to  protect
    26  security  operations, in which case notice of such contract shall not be
    27  published. In the case of non-competitive awards, such notice shall also
    28  state the recipient of the contract, a brief description of the  purpose
    29  of the contract, the contract term, and the estimated value.
    30    §  18.  Paragraph  (a)  of  subdivision  2 of section 112 of the state
    31  finance law, as amended by section 2 of part D of chapter 56 of the laws
    32  of 2006, is amended to read as follows:
    33    (a) Before any contract made for or by any state  agency,  department,
    34  board, officer, commission, or institution, except the office of general
    35  services,  shall be executed or become effective, whenever such contract
    36  exceeds fifty thousand dollars in amount and before  any  contract  made

    37  for  or  by  the  office of general services shall be executed or become
    38  effective, whenever such contract exceeds eighty-five  thousand  dollars
    39  in  amount,  it  shall first be approved by the comptroller and filed in
    40  his or her office, [provided, however, that the] with the  exception  of
    41  contracts  established  as  a centralized contract through the office of
    42  general services and purchase orders or other  procurement  transactions
    43  issued  under  such  centralized contracts. The comptroller shall make a
    44  final written determination with respect to approval  of  such  contract
    45  within  ninety  days  of  the  submission of such contract to his or her
    46  office unless the comptroller shall notify, in writing, the state  agen-
    47  cy, department, board, officer, commission, or institution, prior to the

    48  expiration of the ninety day period, and for good cause, of the need for
    49  an  extension  of  not more than fifteen days, or a reasonable period of
    50  time agreed to by such state agency, department, board, officer, commis-
    51  sion, or institution and provided, further, that such  written  determi-
    52  nation  or extension shall be made part of the procurement record pursu-
    53  ant to paragraph f of subdivision one of section one hundred sixty-three
    54  of this chapter.
    55    § 19. Section 3 of the New York state printing  and  public  documents
    56  law,  as  added  by  chapter  160  of the laws of 1976, subdivision 1 as

        S. 6255--D                         17                         A. 9055--D
 
     1  amended by chapter 849 of the laws of 1987, and subdivision 5 as amended
     2  by chapter 346 of the laws of 1991, is amended to read as follows:

     3    §  3.  Powers and duties of commissioner of general services and state
     4  agencies in  purchasing  printing.    1.  The  commissioner  of  general
     5  services  shall  have  general  supervision  over  the  letting  of  all
     6  contracts for public printing provided to be made herein.  In  addition,
     7  the  commissioner  shall  exercise  such further supervision and control
     8  over all contracts for department printing [as herein  defined  that  he
     9  has  heretofore exercised or may hereafter deem] pursuant to section one
    10  hundred sixty-three of the state finance law.  The commissioner may,  as
    11  deemed appropriate [including, but not limited to, the establishment of]
    12  establish  standard  sizes and grades of paper and other necessary spec-

    13  ifications for paper; provided, however, that such specifications  shall
    14  be  in accordance with those established pursuant to section one hundred
    15  [sixty-four] sixty-three and subdivision three of  section  one  hundred
    16  sixty-five of the state finance law.
    17    (a)  The commissioner of general services shall be responsible for the
    18  standardization and centralized  contracting  of  printing  required  by
    19  state  agencies  in  a  manner  which  maximizes the purchasing value of
    20  public funds.  Pursuant to section one hundred sixty-three of the  state
    21  finance  law, contracts for printing may be established by the office of
    22  general services or state agencies, and state agencies  may,  when  such
    23  centralized  contracts established by the office of general services are

    24  in the form, function and utility required by said agency, purchase from
    25  such centralized contracts.  When printing is not  available  consistent
    26  with  the  provisions  of  section  one hundred sixty-three of the state
    27  finance law in the form, function and utility required  by  state  agen-
    28  cies,  state  agencies may procure printing independently or in conjunc-
    29  tion with other state agencies.
    30    (b) Printing contracts shall be awarded on the basis of  lowest  price
    31  to  a  responsive  and  responsible  offerer; or in the case of multiple
    32  awards, in accordance with paragraph c of subdivision ten of section one
    33  hundred sixty-three of the state finance law.
    34    2. [The commissioner may appoint an expert printer and such assistants

    35  and employees as shall be  authorized  by  appropriations  made  by  the
    36  legislature  therefor, and such employees shall receive such salaries as
    37  shall be fixed by the legislature in such appropriation.
    38    3. It shall be the duty of said commissioner, in accordance with rules
    39  and regulations to be prescribed by him, to let to the lowest  responsi-
    40  ble bidder, as hereinafter provided, and as will best promote the public
    41  interest,  all contracts for the work embraced in the legislative print-
    42  ing and department printing as those terms are in this chapter  defined,
    43  except  printing  done pursuant to law in the correctional facilities of
    44  the state, in the state charitable and benevolent institutions  for  the

    45  benefit  of  such  institutions,  or  by  the board or commission having
    46  fiscal control of such institutions, the printing of  examination  ques-
    47  tion papers or printing done for the education department or the schools
    48  under  its  jurisdiction  in the rooms of the university of the state of
    49  New York by its employees,  the  stationery  used  by  the  legislature,
    50  briefs  and  cases  on appeal and the bulletins issued by the Geneva and
    51  Ithaca experimental stations.] No contract for department printing shall
    52  be let to a bidder who, in the opinion of  the  commissioner,  does  not
    53  have  satisfactory  facilities  and equipment which are ample and suffi-
    54  cient to insure proper performance of the contract or who has failed  to
    55  give adequate security in an amount which may be required by the commis-

    56  sioner.  Provided  further,  however, that no contract shall be let to a

        S. 6255--D                         18                         A. 9055--D
 
     1  bidder other than the lowest price responsible bidder without the  writ-
     2  ten approval of the comptroller.
     3    [4. The said commissioner shall adopt and promulgate appropriate rules
     4  and  regulations  touching the manner of the performance of his work and
     5  prescribing the form and manner of advertisement for bids and all requi-
     6  sitions made upon him for printing, except that said commissioner  shall
     7  make  no  rule  or  regulation  inconsistent with or in violation of the
     8  provisions of this chapter.
     9    5.] 3.  Notwithstanding  any  of  the  foregoing  provisions  of  this

    10  section, or of any general or special act, the commissioner may contract
    11  for  printing  to  an  amount  not  exceeding [ten] eighty-five thousand
    12  dollars without competitive bidding, and [may by  rule  prescribing  the
    13  amount,  not  exceeding  five  thousand  dollars, authorize] other state
    14  departments and agencies [to let contracts,] may contract to  an  amount
    15  not  exceeding  fifty  thousand dollars without competitive bidding, for
    16  printing required by them. [Such rule shall prescribe the  form,  manner
    17  and  content  of the notice to be given to prospective vendors, the form
    18  of specifications and proposals for such printing, and the  method  used
    19  in  making  an  award,  except that as such specifications relate to the

    20  paper required for printing they  shall  be  in  accordance  with  those
    21  established  pursuant  to  section  one  hundred sixty-four of the state
    22  finance law.
    23    Multiple  purchases  of  identical  items  of  printing  and  printing
    24  supplies,  made  by  such other department or agency without competitive
    25  bidding within a period of sixty days, shall not exceed the sum of  five
    26  thousand dollars.]
    27    §  20.  Section  6 of the New York state printing and public documents
    28  law is REPEALED.
    29    § 21. Section 7 of the New York state printing  and  public  documents
    30  law is REPEALED and section 7-a is renumbered section 7.
    31    §  22.  Section  8 of the New York state printing and public documents
    32  law, as amended by chapter 704 of the laws of 1964 and as renumbered  by

    33  chapter 160 of the laws of 1976, is amended to read as follows:
    34    § 8. Right to annul contracts.  Upon the failure or non-performance of
    35  the  terms  of  any  of the contracts [set forth in] awarded pursuant to
    36  this chapter on the part of the contractors with the state, the  commis-
    37  sioner of general services or the state agency may annul the contract in
    38  which  default  is  made and the comptroller shall withhold payment from
    39  the contractor for all work [done by him] performed thereunder until the
    40  damage to the state shall be ascertained by proper adjudication, and the
    41  [said] commissioner of general services or the state agency, may  [read-
    42  vertise  and  enter  into  a]  relet the contract for the balance of the

    43  uncompleted term of [any] a contract so annulled  or  abrogated  in  the
    44  manner prescribed in the provisions of this chapter.
    45    §  23. Paragraph (g) of section 1509 of the not-for-profit corporation
    46  law, as added by chapter 151 of the laws of 1992, is amended to read  as
    47  follows:
    48    (g)  Purchases through office of general services. Notwithstanding the
    49  provisions of any general, special or local law, any officer or agent of
    50  a cemetery corporation subject to the provisions of this article author-
    51  ized to make purchases of [materials, equipment or supplies] commodities
    52  and services may make such  purchases[,  except  of  printed  material,]
    53  through  the  office of general services subject to such rules as may be
    54  established from time to time pursuant to  section  one  hundred  sixty-

    55  three  of  the  state finance law; provided that any such purchase shall
    56  exceed five hundred dollars and that the cemetery corporation for  which

        S. 6255--D                         19                         A. 9055--D
 
     1  such  officer  or  agent  acts  shall accept sole responsibility for any
     2  payment due the vendor. All purchases shall  be  subject  to  audit  and
     3  inspection by the cemetery corporation for which made. Two or more ceme-
     4  tery  corporations may join in making purchases pursuant to this section
     5  and, for the purposes of this section, such groups  shall  be  deemed  a
     6  cemetery corporation.
     7    §  24.  Paragraph  i  of subdivision 3 of section 236 of the education
     8  law, as added by chapter 9 of the laws of 1979, is amended  to  read  as
     9  follows:
    10    i.  Any  corporation  created under the provisions of this section may

    11  make purchases[, except of printed material, through the state divisions
    12  of standards and quality control; and of purchasing in the]  of  commod-
    13  ities  and  services  through  the office of general services subject to
    14  such rules as may be established from time to time pursuant  to  section
    15  one  hundred  sixty-three  of  the state finance law; provided that each
    16  such purchase shall have a cost of five hundred dollars or more and that
    17  said corporation shall accept sole responsibility  for  any  payment  of
    18  such cost due the vendor.
    19    §  25.  Section 258-a of the education law, as added by chapter 106 of
    20  the laws of 1980, is amended to read as follows:
    21    § 258-a. Purchases  by  museums,  historical   societies,   zoological
    22  gardens,  aquariums,  botanical  gardens  and arboreta through office of

    23  general services.   Museums, historical societies,  zoological  gardens,
    24  aquariums,  botanical gardens and arboreta which are chartered or incor-
    25  porated by the regents or  otherwise  formed  pursuant  to  section  two
    26  hundred  sixteen  of  this  chapter or otherwise pursuant to the laws of
    27  this state and are also non-profit organizations may make  purchases  [,
    28  except  of  printed  material,]  of commodities and services through the
    29  [state division of standards and purchase  in  the]  office  of  general
    30  services  subject  to such rules as may be established from time to time
    31  pursuant to section one hundred sixty-three of the  state  finance  law;
    32  provided  that  each  such  purchase  shall  have a cost of five hundred
    33  dollars or more and that said  museum,  historical  society,  zoological

    34  garden, aquarium, botanical garden or arboreta shall accept sole respon-
    35  sibility for any payment of such cost due the vendor.
    36    §  26.  Section  6404 of the education law, as added by chapter 734 of
    37  the laws of 1976, is amended to read as follows:
    38    § 6404. Purchases by certain independent institutions.  Any postsecon-
    39  dary institution chartered under the powers of the regents  pursuant  to
    40  section  two  hundred  sixteen  of  this chapter or incorporated under a
    41  special act of the legislature may make purchases[,  except  of  printed
    42  material,]  of  commodities  and  services  pursuant  to  the  terms  of
    43  contracts let by the [state division of standards and purchase  in  the]
    44  office  of  general services subject to such rules as may be established

    45  from time to time pursuant to section one  hundred  sixty-three  of  the
    46  state  finance  law  which  may  establish  limitations  with respect to
    47  commodities and services and impose such  other  appropriate  conditions
    48  upon  purchasing  as  deemed  necessary  by  the commissioner of general
    49  services in order to  protect  the  state's  own  purchasing  interests;
    50  provided  that  each  such  purchase  shall  have a cost of five hundred
    51  dollars or more and that said  [corporation]  institution  shall  accept
    52  sole responsibility for any payment of such cost due the vendor.
    53    §  27. Section 104 of the general municipal law, as amended by chapter
    54  137 of the laws of 2008, is amended to read as follows:
    55    § 104. Purchase through office of  general  services.  Notwithstanding
    56  the  provisions  of  section one hundred three of this article or of any

        S. 6255--D                         20                         A. 9055--D
 
     1  other general, special or local law, any officer, board or agency  of  a
     2  political  subdivision, of a district therein, of a fire company or of a
     3  voluntary ambulance service is authorized to make purchases of  [materi-
     4  als, equipment, food products, or supplies, or services] commodities and
     5  services  available  pursuant to [sections one hundred sixty-one and one
     6  hundred sixty-seven]  section  one  hundred  sixty-three  of  the  state
     7  finance  law,  may  make  such  purchases[, except of printed material,]
     8  through the office of general services subject to such rules as  may  be

     9  established from time to time pursuant to [sections] section one hundred
    10  sixty-three  [and  one  hundred sixty-seven] of the state finance law or
    11  through the general services administration pursuant to section 1555  of
    12  the federal acquisition streamlining act of 1994, P.L. 103-355; provided
    13  that  any  such  purchase shall exceed five hundred dollars and that the
    14  political subdivision, district, fire  company  or  voluntary  ambulance
    15  service  for  which such officer, board or agency acts shall accept sole
    16  responsibility for any payment due the vendor. All  purchases  shall  be
    17  subject  to audit and inspection by the political subdivision, district,
    18  fire company or voluntary ambulance service for which made. No  officer,
    19  board  or agency of a political subdivision, or a district therein, of a

    20  fire company or of a voluntary ambulance service shall make any purchase
    21  through such office when bids have been received for  such  purchase  by
    22  such officer, board or agency, unless such purchase may be made upon the
    23  same  terms, conditions and specifications at a lower price through such
    24  office. Two or more fire companies or voluntary ambulance  services  may
    25  join  in making purchases pursuant to this section, and for the purposes
    26  of this section such groups shall be deemed "fire companies or voluntary
    27  ambulance services."
    28    § 28. Section 109-a of the general municipal law, as amended by  chap-
    29  ter 502 of the laws of 2002, is amended to read as follows:
    30    §  109-a.  Purchases through the office of general services by certain
    31  public associations. The New York State  Association  of  Counties,  the
    32  Association  of  Towns of the State of New York, the New York State Town

    33  Clerk's Association, Inc., the New York State Conference of  Mayors  and
    34  Other Municipal Officials, the New York State School Boards Association,
    35  Inc.,  the  New  York  Planning  Federation  and the Association of Fire
    36  Districts of the State of New York, the New York  State  Association  of
    37  School  Business  Officials, the New York state council of school super-
    38  intendents, any nonpublic elementary  and/or  secondary  school  of  the
    39  state  of  New  York, which provides the instruction required by section
    40  thirty-two hundred four and article seventeen of the education law,  and
    41  which  is  chartered  by,  registered with or subject to examination and
    42  inspection by the department of education and which is a not for  profit
    43  institution and any public library, association library, library system,
    44  cooperative  library  system,  the New York Library Association, and the

    45  New York State Association of Library Boards or any other library except
    46  those which are operated by for profit entities,  may  make  purchases[,
    47  except  of  printed  material,]  through  the office of general services
    48  subject to such rules as may be [established from time to time]  promul-
    49  gated  pursuant  to  [sections] section one hundred sixty-three [and one
    50  hundred sixty-five] of the state finance law and subdivision eight-a  of
    51  section  one  hundred  three of this article which may establish limita-
    52  tions with respect to commodities  and  impose  such  other  appropriate
    53  conditions  upon  purchasing  as deemed necessary by the commissioner of
    54  general services in order to protect the state's own  purchasing  inter-

    55  ests;  and  that  such  association,  school, library, library system or
    56  cooperative library system shall  accept  sole  responsibility  for  any

        S. 6255--D                         21                         A. 9055--D
 
     1  payment  due  the  vendor. Boards of education may permit such nonpublic
     2  schools to make purchases pursuant to this section  through  the  school
     3  district  in  which  the  nonpublic school is located, provided that any
     4  administrative costs incurred by the school district will be paid by the
     5  nonpublic school.
     6    §  29. Subdivision (a) of section 2 of chapter 741 of the laws of 1985
     7  relating to authorizing certain organizations  to  purchase  commodities
     8  and  services  under  contracts  let  by  the  state  office  of general
     9  services, as amended by chapter 134 of the laws of 1994, is  amended  to
    10  read as follows:

    11    (a)  Any charitable organization or federation of charitable organiza-
    12  tions, as defined in subdivision (b) of this  section,  maintaining  its
    13  office  in  a  county of the state and performing all or the predominant
    14  part of its charitable, benevolent or philanthropic services or conduct-
    15  ing all or the  predominant  part  of  its  solicitation  of  charitable
    16  contributions  in such county and any county, town or other agricultural
    17  society, the American institute of the  city  of  New  York,  performing
    18  their  activities  in  any  such  county  on or after January 1, 1993 is
    19  authorized to make purchases[, except of printed material,] pursuant  to
    20  the  terms of contracts let by the [state divisions of purchasing and of
    21  standards and quality control of the] office of general services subject

    22  to such rules as may be [established from time to time under] promulgat-
    23  ed pursuant to the provisions of section 163 of the state  finance  law,
    24  which may establish limitations with respect to commodities and services
    25  and  impose  such other appropriate conditions upon purchasing as deemed
    26  necessary by the commissioner of general services in  order  to  protect
    27  the  state's  own purchasing interests; provided that each such purchase
    28  shall exceed five hundred dollars and that such charitable  organization
    29  or federation of charitable organizations shall accept sole responsibil-
    30  ity for any payment due the vendor.
    31    §  30. Subdivision 7 of section 160 of the state finance law, as added
    32  by chapter 83 of the laws of 1995, is amended to read as follows:

    33    7. "Service" or "services" means[, except with  respect  to  contracts
    34  for  state printing,] the performance of a task or tasks and may include
    35  a material good or a quantity  of  material  goods,  and  which  is  the
    36  subject  of  any  purchase  or  other exchange. For the purposes of this
    37  article, technology shall be deemed a service. Services, as  defined  in
    38  this  article,  shall  not  apply  to those contracts for architectural,
    39  engineering or  surveying  services,  or  those  contracts  approved  in
    40  accordance with article eleven-B of this chapter.
    41    §  31.  Paragraph  a  of subdivision 5 of section 355 of the education
    42  law, as amended by section 1 of subpart B of part D of chapter 58 of the
    43  laws of 2011, is amended to read as follows:
    44    a.  (i)  purchase  materials,   proprietary   electronic   information

    45  resources  including  but  not  limited  to  academic, professional, and
    46  industry journals, reference handbooks and  manuals,  research  tracking
    47  tools, indexes and abstracts, equipment and supplies, including computer
    48  equipment  and  motor  vehicles, (ii) execute contracts for construction
    49  and construction-related services  contracts,  and  (iii)  contract  for
    50  printing,  without  prior approval by any other state officer or agency,
    51  but subject to rules and regulations of the state comptroller not other-
    52  wise inconsistent with the provisions of this section and in  accordance
    53  with  guidelines  promulgated  by the state university board of trustees
    54  after consultation with the state comptroller;

        S. 6255--D                         22                         A. 9055--D
 

     1    § 32.  Paragraph a of subdivision 5 of section 355  of  the  education
     2  law,  as  amended by chapter 682 of the laws of 2007, is amended to read
     3  as follows:
     4    a.   (i)   purchase   materials,  proprietary  electronic  information
     5  resources including but  not  limited  to  academic,  professional,  and
     6  industry  journals,  reference  handbooks and manuals, research tracking
     7  tools, indexes and abstracts equipment and supplies, including  computer
     8  equipment  and  motor  vehicles,  where the amount for a single purchase
     9  does not exceed twenty thousand  dollars,  (ii)  execute  contracts  for
    10  services  and  construction  contracts to an amount not exceeding twenty
    11  thousand dollars, and (iii) contract  for  printing  to  an  amount  not
    12  exceeding  five  thousand  dollars,  without prior approval by any other

    13  state officer or agency, but subject to rules  and  regulations  of  the
    14  state comptroller not otherwise inconsistent with the provisions of this
    15  section  and in accordance with the rules and regulations promulgated by
    16  the state university board of trustees after consultation with the state
    17  comptroller. In addition, the  trustees,  after  consultation  with  the
    18  commissioner  of  general services, are authorized to annually negotiate
    19  with the state comptroller increases in the aforementioned dollar limits
    20  and the exemption of any articles, categories of articles or commodities
    21  from these limits.  Rules  and  regulations  promulgated  by  the  state
    22  university  board  of trustees shall, to the extent practicable, require
    23  that competitive proposals be solicited for purchases, and shall include
    24  requirements that purchases and contracts authorized under this  section

    25  be  at  the  lowest  available  price, including consideration of prices
    26  available through other state agencies, consistent with quality require-
    27  ments, and as will best promote the public interest. Such purchases  may
    28  be  made  directly  from  any  contractor  pursuant  to any contract for
    29  commodities let by the office of general services  or  any  other  state
    30  agency;
    31    § 33. Subparagraph (i) of paragraph 1 of subdivision a of section 6218
    32  of  the education law, as amended by section 2 of subpart B of part D of
    33  chapter 58 of the laws of 2011, is amended to read as follows:
    34    (i)  purchase   materials[,];   proprietary   electronic   information
    35  resources,  including,  but  not  limited to, academic, professional and
    36  industry journals, reference handbooks and  manuals,  research  tracking

    37  tools,  indexes  and  abstracts;  and  equipment and supplies, including
    38  computer equipment and motor vehicles,
    39    § 34. Paragraph (i) of subdivision a of section 6218 of the  education
    40  law,  as  amended by chapter 697 of the laws of 1993, is amended to read
    41  as follows:
    42    (i)  purchase   materials[,];   proprietary   electronic   information
    43  resources,  including,  but  not  limited to, academic, professional and
    44  industry journals, reference handbooks and  manuals,  research  tracking
    45  tools,  indexes  and  abstracts;  and  equipment and supplies, including
    46  computer equipment and motor vehicles, where the  amount  for  a  single
    47  purchase does not exceed twenty thousand dollars,
    48    §  35. Subdivision 3 of section 160 of the state finance law, as added

    49  by chapter 83 of the laws of 1995, is amended to read as follows:
    50    3.  "Commodity"  or  "commodities"  means[,  except  with  respect  to
    51  contracts  for  state  printing,]  material  goods,  supplies, products,
    52  construction items, electronic information resources or  other  standard
    53  articles  of  commerce  [other than technology] which are the subject of
    54  any purchase or other exchange.
    55    § 36. Subdivision 1 of section 163 of the state finance law is amended
    56  by adding a new paragraph k to read as follows:

        S. 6255--D                         23                         A. 9055--D
 
     1    k. "Authorized user" or "non-state agency  purchaser"  means  (i)  any
     2  officer,  body or agency of the state or of a political subdivision or a

     3  district therein, or fire company or volunteer ambulance service as such
     4  are defined in section one hundred of the general municipal law, to make
     5  purchases  of commodities, services and technology through the office of
     6  general services' centralized contracts, pursuant to the  provisions  of
     7  section  one  hundred four of the general municipal law; (ii) any county
     8  extension service association as authorized under subdivision  eight  of
     9  section two hundred twenty-four of the county law; (iii) any association
    10  or  other  entity  as  specified  in  and in accordance with section one
    11  hundred nine-a of the  general  municipal  law;  (iv)  any  association,
    12  consortium  or  group  of privately owned or municipal, federal or state

    13  owned or operated  hospitals,  medical  schools,  other  health  related
    14  facilities  or  voluntary  ambulance services, which have entered into a
    15  contract and made mutual arrangements for the joint purchase of  commod-
    16  ities,  services and technology pursuant to section twenty-eight hundred
    17  three-a of the public health law; (v) any institution for  the  instruc-
    18  tion of the deaf or of the blind listed in section forty-two hundred one
    19  of  the  education  law; (vi) any qualified non-profit-making agency for
    20  the blind approved by the commissioner of the  office  of  children  and
    21  family  services  or  the office of temporary and disability assistance;
    22  (vii) any qualified charitable non-profit-making agency for the severely

    23  disabled approved by the commissioner of education; (viii) any  hospital
    24  or  residential  health care facility as defined in section twenty-eight
    25  hundred one of the public health law; (ix)  any  private  not-for-profit
    26  mental hygiene facility as defined in section 1.03 of the mental hygiene
    27  law;  (x)  any  public  authority  or  public benefit corporation of the
    28  state, including the port authority of New York and New Jersey  and  the
    29  interstate  environmental  commission;  (xi) any public library, associ-
    30  ation library, library system, cooperative library system, the New  York
    31  Library  Association,  and  the  New  York  State Association of Library
    32  Boards or any other library except  those  which  are  operated  by  for

    33  profit  entities;  (xii) any other association or entity as specified in
    34  state law, to make purchases of  commodities,  services  and  technology
    35  through  the  office  of  general services' centralized contracts.  Such
    36  qualified non-profit-making agencies for the blind and severely disabled
    37  may make purchases from  the  correctional  industries  program  of  the
    38  department  of  corrections  and  community supervision subject to rules
    39  pursuant to the correction law.
    40    § 37. Subdivision 5 of section 362 of chapter 83 of the laws  of  1995
    41  amending  the  state finance law and other laws relating to bonds, notes
    42  and revenues, as amended by chapter 137 of the laws of 2008, is  amended
    43  to read as follows:
    44    5. Sections thirty-one through forty-two of this act shall take effect

    45  on  the  thirtieth  day  after  it  shall have become a law and shall be
    46  deemed to have been in full force and effect on and after April 1, 1995;
    47  provided that section 163 of the state finance law, as added by  section
    48  thirty-three  of  this  act  shall remain in full force and effect until
    49  June 30, [2012] 2016 at  which  time  it  shall  expire  and  be  deemed
    50  repealed. Contracts executed prior to the expiration of such section 163
    51  shall  remain  in full force and effect until the expiration of any such
    52  contract notwithstanding the expiration of certain  provisions  of  this
    53  act.
    54    §  38.  Section 179-ee of the state finance law is amended by adding a
    55  new subdivision 3 to read as follows:

        S. 6255--D                         24                         A. 9055--D
 

     1    3. A modification to a contract that would result  in  a  transfer  of
     2  funds  among  program  activities or budget cost categories but does not
     3  affect the amount, consideration, scope or other terms of such  contract
     4  shall  not,  by  itself,  require  such  contract and modification to be
     5  submitted  to  the  comptroller for review; provided, however, where the
     6  amount of such modification is, as a portion of the total value  of  the
     7  contract,  equal  to  or  greater than ten percent for contracts of less
     8  than five million dollars, or five percent for contracts  of  more  than
     9  five million dollars, the comptroller may require that such modification
    10  be submitted to him or her for review.

    11    §  39. This act shall take effect immediately, provided, however, that
    12  procurement contracts for which bid solicitations have been issued prior
    13  to the effective date of this act shall be subject to the provisions  of
    14  law  in  effect  at  the  time  of issuance; provided, however, that the
    15  amendments made to section 163 of the state finance law by sections two,
    16  three, four, five, seven, nine, ten, twelve and thirty-six of  this  act
    17  shall  not  affect  the repeal of such section and shall be deemed to be
    18  repealed therewith;  and  provided,  however,  that  the  amendments  to
    19  section 104 of the general municipal law made by section six of this act
    20  shall  be subject to the expiration and reversion of such section pursu-
    21  ant to section 9 of subpart A of part C of chapter 97  of  the  laws  of
    22  2011, when upon such date the provisions of section twenty-seven of this

    23  act  shall  take  effect;  and provided, however, that the amendments to
    24  paragraph a of subdivision 5 of section 355 of the education law made by
    25  section thirty-one of this act shall be subject to  the  expiration  and
    26  reversion of such subdivision pursuant to section 4 of subpart B of part
    27  D  of chapter 58 of the laws of 2011, when upon such date the provisions
    28  of section thirty-two of this act shall take effect; and  provided  that
    29  the  amendments  to  subdivision  a of section 6218 of the education law
    30  made by section thirty-three of this act shall be subject to the expira-
    31  tion and reversion of such subdivision pursuant to section 4 of  subpart
    32  B  of  part  D  of chapter 58 of the laws of 2011, as amended, when upon
    33  such date the provisions of section thirty-four of this act  shall  take
    34  effect.
 
    35                                   PART M

    36                            Intentionally Omitted
 
    37                                   PART N
    38                            Intentionally Omitted
 
    39                                   PART O
 
    40    Section  1.  The  article heading of article 1 of the state technology
    41  law, as added by chapter 430 of the laws of 1997  and  such  article  as
    42  renumbered  by  chapter  437  of the laws of 2004, is amended to read as
    43  follows:
    44          OFFICE [FOR TECHNOLOGY] OF INFORMATION TECHNOLOGY SERVICES
    45    § 2. Subdivision 3 of section 101 of  the  state  technology  law,  as
    46  added  by chapter 430 of the laws of 1997 and such section as renumbered
    47  by chapter 437 of the laws of 2004, is amended to read as follows:
    48    3. "Office" means the office [for technology] of information technolo-
    49  gy services.

        S. 6255--D                         25                         A. 9055--D
 
     1    § 3. The section heading and subdivision 1 of section 102 of the state
     2  technology law, as added by chapter 430 of the laws  of  1997  and  such
     3  section as renumbered by chapter 437 of the laws of 2004, are amended to
     4  read as follows:
     5    Office  [for technology] of information technology services; director,
     6  organization and employees. 1.  The office [for technology] of  informa-
     7  tion  technology services is hereby created within the executive depart-
     8  ment to have and exercise the functions, powers and duties  provided  by
     9  the provisions of this article and any other provision of law.
    10    §  4.  Subdivision  4  of  section 202 of the state technology law, as

    11  amended by chapter 17 of the  laws  of  2002,  is  amended  to  read  as
    12  follows:
    13    4.  "Office"  shall mean the state office [for technology] of informa-
    14  tion technology services.
    15    § 5. Subdivision 1 of section 303 of  the  state  technology  law,  as
    16  amended  by  chapter  437  of  the  laws  of 2004, is amended to read as
    17  follows:
    18    1. The office [for  technology]  of  information  technology  services
    19  shall  be  the  electronic  facilitator  and administer this article. In
    20  addition to the authority, duties  and  responsibilities  set  forth  in
    21  article  one  of this chapter, the electronic facilitator shall have the
    22  authority, duties and responsibilities granted in this article.
    23    § 6. Subdivision 15 of section 52 of the civil service law,  as  added

    24  by chapter 228 of the laws of 1998, is amended to read as follows:
    25    15.  Promotion  eligibility  of  person transferred to the office [for
    26  technology] of information technology  services.    Notwithstanding  any
    27  other provision of this chapter, the names of permanent employees trans-
    28  ferred  from a state agency or department to the office [for technology]
    29  of information technology services shall remain on any promotion  eligi-
    30  ble  list  for  appointment  in the agency or department from which such
    31  employees were transferred, for a period of one year or until the  expi-
    32  ration  of  such  list,  whichever  occurs  first.  Further,  where  the
    33  promotion eligible list on which such employees' names appear is  estab-
    34  lished   in  the  office  [for  technology]  of  information  technology

    35  services, the names of employees so transferred shall be added  to  such
    36  promotion eligible list.
    37    §  7.  Subdivision 1 of section 21 of the executive law, as amended by
    38  section 93 of subpart B of part C of chapter 62 of the laws of 2011,  is
    39  amended to read as follows:
    40    1.  There  is  hereby  created  in the executive department a disaster
    41  preparedness commission consisting of the commissioners  of  transporta-
    42  tion,  health,  division of criminal justice services, education, social
    43  services, economic development, agriculture  and  markets,  housing  and
    44  community  renewal, general services, labor, environmental conservation,
    45  mental health, parks, recreation and historic preservation,  corrections
    46  and  community  supervision and children and family services, the presi-
    47  dent of the New York state energy research  and  development  authority,

    48  the  superintendents  of  state  police,  [insurance, banking] financial
    49  services, the secretary of state,  the  state  fire  administrator,  the
    50  chair of the public service commission, the adjutant general, the direc-
    51  tors  of  the offices within the division of homeland security and emer-
    52  gency services, the office [for technology]  of  information  technology
    53  services,  and  the office of victim services, the chairs of the thruway
    54  authority, the metropolitan transportation authority, the port authority
    55  of New York and New Jersey, the chief professional officer of the  state
    56  coordinating  chapter  of  the  American  Red Cross and three additional

        S. 6255--D                         26                         A. 9055--D
 

     1  members, to be appointed by the governor, two of  whom  shall  be  chief
     2  executives.  Each member agency may designate an officer of that agency,
     3  with responsibility for disaster preparedness matters, who may represent
     4  that agency on the commission. The commissioner of the division of home-
     5  land security and emergency services shall serve as chair of the commis-
     6  sion, and the governor shall designate the vice chair of the commission.
     7  The  members of the commission, except those who serve ex officio, shall
     8  be allowed their actual and necessary expenses incurred in the  perform-
     9  ance  of their duties under this article but shall receive no additional
    10  compensation for services rendered pursuant to this article.
    11    § 8. Subdivision 10 of section 31 of the executive law, as amended  by
    12  section 106 of subpart B of part C of chapter 62 of the laws of 2011, is

    13  amended to read as follows:
    14    10. Office [for technology] of information technology services.
    15    §  9.  Subdivision 3 of section 164-d of the executive law, as amended
    16  by section 1 of part O of chapter 60 of the laws of 2011, is amended  to
    17  read as follows:
    18    3.  The  office  [for  technology]  of information technology services
    19  shall promulgate rules and regulations to implement  the  provisions  of
    20  this  section.  Such rules shall at least provide for the prioritization
    21  and timing for making application forms available on the internet.
    22    § 10. Subdivision 4 of section 163-a of  the  state  finance  law,  as
    23  amended  by  chapter  437  of  the  laws  of 2004, is amended to read as
    24  follows:
    25    4. The state agency together  with  the  office  [for  technology]  of

    26  information  technology  services determines that the restriction is not
    27  in the best interest of the state. Such office shall notify each  member
    28  of the advisory council established in article one of the state technol-
    29  ogy law of any such waiver of these restrictions.
    30    §  11.  Section 171-k of the tax law, as amended by chapter 437 of the
    31  laws of 2004, is amended to read as follows:
    32    § 171-k. Electronic signature. If any return or report relating  to  a
    33  tax, fee or other imposition administered by the commissioner is author-
    34  ized by the commissioner to be filed electronically, then such return or
    35  report  shall be signed electronically consistent with the provisions of
    36  article three of the state technology law; provided,  however,  that  if
    37  the  commissioner determines that electronic signatures that are used by

    38  the federal internal revenue  service  in  tax  administration  are  not
    39  consistent  with the provisions of article three of the state technology
    40  law, then the commissioner, after conferring with the office [for  tech-
    41  nology] of information technology services, may prescribe the manner and
    42  form  of  electronic  signature on any such return or report. Such elec-
    43  tronic signature shall conform, to the extent  practicable,  with  elec-
    44  tronic signatures that are used by the federal internal revenue service.
    45  The use of such an electronic signature shall have the same validity and
    46  effect as the use of a signature affixed by hand.
    47    §  12.  Subdivision  4 of section 236-b of the county law, as added by
    48  chapter 339 of the laws of 2009, is amended to read as follows:
    49    4. In this section, the term "agency of the state of New  York"  shall

    50  include  any  department, bureau, commission, board, public authority or
    51  other agency of the state of New York; any  public  benefit  corporation
    52  whose  board of directors includes any member appointed by the governor;
    53  any subdivision of any department,  bureau,  commission,  board,  public
    54  authority  or other agency of the state which is easily identifiable and
    55  which for most other purposes is treated as an independent state agency;
    56  and the office [for technology] of information technology services.

        S. 6255--D                         27                         A. 9055--D
 
     1    § 13. Paragraph (h) of subdivision 1 of section 327 of the county law,
     2  as added by section 33 of part B of chapter 56 of the laws of  2010,  is
     3  amended to read as follows:

     4    (h) one shall be the director of the office [for technology] of infor-
     5  mation technology services, or his or her designee;
     6    § 14.  Terms. (a) Wherever the term "office for technology" appears in
     7  the  executive  law,  state  technology law, or otherwise in the consol-
     8  idated or unconsolidated laws of this state, such term is hereby changed
     9  to "office of information technology services".
    10    (b) Wherever the term "director of the office for technology"  appears
    11  in  the executive law, state technology law, or otherwise in the consol-
    12  idated or unconsolidated laws of this state, such term is hereby changed
    13  to "director of information technology services".
    14    (c) The legislative bill drafting commission  is  hereby  directed  to
    15  effectuate  this  provision,  and  shall  be  guided  by a memorandum of

    16  instruction setting forth the specific provisions of law to be  amended.
    17  Such  memorandum  shall  be transmitted to the legislative bill drafting
    18  commission within sixty days of the effective date  of  this  provision.
    19  Such  memorandum  shall be issued jointly by the governor, the temporary
    20  president of the senate and the speaker of the assembly, or by the dele-
    21  gate of each.
    22    § 15. Existing rights and remedies, preserved. No  existing  right  or
    23  remedy of any character shall be lost, impaired or affected by reason of
    24  this act.
    25    § 16. Pending actions and proceedings. No action or proceeding pending
    26  at  the  time when this act shall take effect, brought by or against the
    27  office for technology, and pertaining to or  connected  with  its  func-
    28  tions,  powers,  obligations  and  duties,  shall  be  affected  by  any

    29  provision of this act, but in the same way may be prosecuted or defended
    30  in the name of the office of information  technology  services.  In  all
    31  such  actions  and  proceedings  the  office  of  information technology
    32  services, upon application to the  court,  shall  be  substituted  as  a
    33  party.
    34    §  17.  This  act shall take effect on the sixtieth day after it shall
    35  have become a law.
 
    36                                   PART P
    37                            Intentionally Omitted
 
    38                                   PART Q
 
    39    Section 1. Notwithstanding any other law  to  the  contrary,  for  the
    40  purpose  of  promoting  access to employment, the state shall pay to the
    41  metropolitan transportation authority the costs associated  with  estab-
    42  lishment and implementation by the metropolitan transportation authority

    43  of  a  rebate  program  for E-ZPass tolls paid by the residents of Broad
    44  Channel and the Rockaway Peninsula who  live  within  zip  codes  11691,
    45  11692,  11693,  11694,  11695,  and 11697, for travel over the Cross Bay
    46  Veterans Memorial Bridge.
    47    § 2. This act shall take effect immediately.
 
    48                                   PART R

        S. 6255--D                         28                         A. 9055--D
 
     1    Section 1. Subdivision 3 of section 50-a of the workers'  compensation
     2  law,  as  amended  by  section  1 of part R of chapter 56 of the laws of
     3  2010, is amended to read as follows:
     4    3. Beginning [on January first,] in two thousand [twelve] fifteen, and
     5  each  year  thereafter,  the chair shall add to the total of each annual

     6  assessment made under paragraph g of subdivision five of  section  fifty
     7  of  this article the sum of up to three million dollars, to be allocated
     8  to private group and individual self-insurers in  accordance  with  such
     9  paragraph.  The chair shall assess additional funds under this paragraph
    10  as necessary to insure that there are sufficient funds in the  fund  for
    11  uninsured  employers to meet its liabilities, or if necessary in accord-
    12  ance with section one hundred fifty-one of this chapter. Such  funds  as
    13  are  collected  pursuant to this subdivision shall be deposited into the
    14  uninsured employer fund until all funds withdrawn therefrom under subdi-
    15  vision one of this section are returned with interest calculated  at  an
    16  annual  rate  equal to the rate of return on funds in the fund for unin-
    17  sured employers from the prior year.
    18    § 2. This act shall take effect immediately.
 

    19                                   PART S
 
    20    Section 1. The opening paragraph of subdivision 3 of  section  5-a  of
    21  the legislative law, as amended by section 1 of part QQ of chapter 56 of
    22  the laws of 2010, is amended to read as follows:
    23    Any member of the assembly serving in a special capacity in a position
    24  set  forth  in  the  following  schedule shall be paid the allowance set
    25  forth in such schedule only for the legislative term commencing  January
    26  first,  two  thousand [eleven] thirteen and terminating December thirty-
    27  first, two thousand [twelve] fourteen:
    28    § 2.  Section 13 of chapter 141 of the  laws  of  1994,  amending  the
    29  legislative  law and the state finance law relating to the operation and
    30  administration of the legislature, as amended by section 1 of part Q  of

    31  chapter 57 of the laws of 2011, is amended to read as follows:
    32    §  13.  This  act shall take effect immediately and shall be deemed to
    33  have been in full force and effect as of April 1, 1994,  provided  that,
    34  the  provisions  of  section  5-a  of  the legislative law as amended by
    35  sections two and two-a of this act shall take effect on January 1, 1995,
    36  and provided further that, the provisions of article 5-A of the legisla-
    37  tive law as added by section eight of this act  shall  expire  June  30,
    38  [2012]  2013 when upon such date the provisions of such article shall be
    39  deemed repealed; and provided further that section twelve  of  this  act
    40  shall be deemed to have been in full force and effect on and after April
    41  10, 1994.
    42    §  3.    This act shall take effect immediately, provided, however, if

    43  section two of this act shall take effect on  or  after  June  30,  2012
    44  section  two  of this act shall be deemed to have been in full force and
    45  effect on and after June 30, 2012.
 
    46                                   PART T
 
    47    Section 1. Section 10 of the correction law is amended by adding a new
    48  subdivision 3-a to read as follows:
    49    3-a. In order to best effectuate the provisions of subdivision two  of
    50  this  section  the  commissioner  shall,  pursuant to subdivision one of
    51  section seventy of the civil service law, transfer any employee who held
    52  the position of facility parole officer I or facility parole officer  II

        S. 6255--D                         29                         A. 9055--D
 
     1  on  January  first,  two  thousand  twelve and who wishes to accept such

     2  transfer, to fill any open position in  the  parole  officer  or  senior
     3  parole  officer title. The provisions of this subdivision shall apply to
     4  facility  parole  officer  I or facility parole officer II employees for
     5  the period that the certificate attesting to satisfactory completion  of
     6  the  training requirements for peace officer eligibility awarded to such
     7  employee remains valid pursuant to the provisions of subdivision six  of
     8  section  2.30  of  the  criminal procedure law. In no instance shall the
     9  department appoint a newly hired employee to a parole officer or  senior
    10  parole  officer position where an employee, eligible under this subdivi-
    11  sion, is willing and able to transfer to such  position.    An  employee

    12  transferred  under  this  subdivision  shall  in no instance displace an
    13  incumbent employee in the parole officer or senior parole officer  title
    14  or  a  person  who is on a preferred list or reemployment roster for the
    15  position of parole officer or senior parole officer pursuant to  section
    16  eighty-one or eighty-one-a of the civil service law.
    17    §  2.  This  act shall take effect immediately and shall expire and be
    18  deemed repealed December 31, 2015.
 
    19                                   PART U
 
    20    Section 1. Subdivision 4 of section  29  of  the  correction  law,  as
    21  amended  by section 12  of subpart A of part C of chapter 62 of the laws
    22  of 2011, is amended to read as follows:
    23    4. (a) The commissioner shall provide an annual report to the legisla-

    24  ture on the staffing of correction officers and correction sergeants  in
    25  state  correctional  facilities.  Such  report shall include, but not be
    26  limited to the following factors: the number of security  posts  on  the
    27  current  plot  plan  for  each facility that have been closed on a daily
    28  basis, by correctional facility security classification (minimum, medium
    29  and maximum); the number of security positions eliminated by correction-
    30  al facility since two thousand compared to the number of inmates  incar-
    31  cerated  in  each  such  facility;  a breakdown by correctional facility
    32  security classification (minimum, medium,  and  maximum)  of  the  staff
    33  hours  of  overtime  worked,  by  year since two thousand and the annual
    34  aggregate costs related to this overtime. In addition, such report shall
    35  be delineated by  correctional  facility  security  classification,  the

    36  annual  number  of  security  positions eliminated, the number of closed
    37  posts and amount of staff hours of overtime accrued as well as the over-
    38  all overtime expenditures that resulted. Such report shall  be  provided
    39  to  the  chairs  of  the senate finance, assembly ways and means, senate
    40  crime and corrections and assembly correction committees, and posted  on
    41  the  department's  website, annually by [December thirty-first] February
    42  first.
    43    (b) Such report shall also include but not be limited to:   the  total
    44  number  of  correctional facilities in operation which are maintained by
    45  the department, the security level of each facility, the number of  beds
    46  at each facility as of December thirty-first of the prior year, as clas-

    47  sified  by the department, and the number of empty beds, if any, by such
    48  classification as of such date.
    49    § 2. This act shall take effect immediately.
 
    50                                   PART V
 
    51    Section 1. Legislative intent. In recent years, New York has seen  the
    52  inappropriate and harmful use of technology increase exponentially among

        S. 6255--D                         30                         A. 9055--D
 
     1  the  juvenile  population due to the accessibility and interconnectivity
     2  of this form of communication. This problem has become more  serious  as
     3  the  violence  and  gravity of the behavior has escalated, reaching into
     4  traditional sanctuaries for our children including their homes. Notably,
     5  this has resulted in tragic cases of suicide as well as various cases of

     6  long-term  impairments  to  both  the victim and the aggressor. Both the
     7  acts of cyberbullying  and  sexting  include  components  of  aggressive
     8  behavior, significant disrespect to an individual, and emotional trauma.
     9  Although New York has taken initial steps to address bullying, a compre-
    10  hensive  and  multi-tiered  approach  to  this activity is imperative in
    11  order to appropriately tackle the behavior as well as its repercussions.
    12  This requires cooperation among all members of our community,  including
    13  schools, family units, and the criminal justice system. This legislation
    14  is  a  component  of  this inclusive approach by creating an appropriate
    15  educational program for the youth whose action or behavior has  come  to
    16  the attention of the judicial system.
    17    § 2. Section 458-l of the social services law, as added by chapter 535

    18  of the laws of 2011, is amended to read as follows:
    19    § 458-l. Education reform program. 1. As used in this section:
    20    (a) "eligible person" means an individual who (i) is, or is at risk of
    21  being, the subject of a [pending] person in need of supervision petition
    22  in family court [alleging he or she has committed an eligible offense or
    23  a  person who has been charged, in criminal court,] where elements of an
    24  eligible offense have been indicated; or (ii) has been arrested  for  or
    25  charged  with  an eligible offense, or it is otherwise alleged that such
    26  person has committed an eligible offense, as that  term  is  defined  in
    27  paragraph  (b)  of this subdivision.  In determining whether to order an

    28  eligible person who has been arrested for or charged  with  an  eligible
    29  offense as an adult to participate in the education reform program under
    30  this  section, a judge must consider, among other factors, prior partic-
    31  ipation in the program as an adult.
    32    (b) "eligible offense" means a crime or offense committed, or, in  the
    33  case  of a person who is, or is at risk of being the subject of a person
    34  in need of supervision petition, conduct  engaged  in,  by  an  eligible
    35  person  that  involved  cyberbullying  or the sending or receipt through
    36  electronic means of obscenity, as defined in subdivision one of  section
    37  235.00  of  the  penal  law, or nudity, as defined in subdivision two of
    38  section 235.20 of the penal law, when the sender and the receiver there-

    39  of were both under the age of twenty at the time of such  communication,
    40  but not more than five years apart in age.
    41    (c) "program" means the education reform program developed pursuant to
    42  subdivision two of this section.
    43    2.  The  office  of  children  and  family  services,  hereinafter the
    44  "office," shall develop and implement, in consultation with the division
    45  of criminal justice services and  the  state  education  department,  an
    46  education  reform  program [for] to be provided to eligible persons [who
    47  have been required to complete such] as a diversion program [pursuant to
    48  article three or seven] in accordance with section seven  hundred  thir-
    49  ty-five  of the family court act or, as a condition of adjustment pursu-

    50  ant to section 308.1 of the family court act, or as a  condition  of  an
    51  order  of adjournment in contemplation of dismissal, suspended judgment,
    52  discharge with warning, conditional discharge or probation  pursuant  to
    53  article  three  or  seven  of  the  family  court act, as a condition of
    54  probation or a conditional discharge pursuant to section  60.37  of  the
    55  penal  law  or  as  a  condition  of  an adjournment in contemplation of

        S. 6255--D                         31                         A. 9055--D
 
     1  dismissal pursuant to section 170.55 of the criminal procedure  law,  as
     2  applicable.
     3    3. The program shall be available in every judicial [district] depart-

     4  ment  in the state; provided that if the office determines that there is
     5  not a sufficient number of eligible offenses in  a  judicial  [district]
     6  department  to mandate the implementation of a program, provisions shall
     7  be made for the residents of  such  judicial  [district]  department  to
     8  participate in a program in another judicial [district] department where
     9  a  program  exists  if practicable with regard to travel and cost, or to
    10  complete the education course online.
    11    4. [The] Such program shall be provided in an  age-appropriate  manner
    12  which  focuses  on  the  crime,  offense or conduct, shall involve up to
    13  eight hours of instruction and shall provide, at a minimum,  information
    14  concerning:

    15    (a)  the  legal  consequences  of  and potential penalties for sharing
    16  sexually suggestive materials, explicit materials or abusive  materials,
    17  including sanctions imposed under applicable federal and state statutes;
    18    (b)  the non-legal consequences of sharing sexually suggestive materi-
    19  als, explicit materials or abusive materials, including, but not limited
    20  to, the possible  effect  on  relationships,  loss  of  educational  and
    21  employment  opportunities, and the potential for being barred or removed
    22  from school programs and extracurricular activities;
    23    (c) how the unique characteristics of  cyberspace  and  the  internet,
    24  including  the  potential ability of an infinite audience to utilize the
    25  internet to search for and replicate materials,  can  produce  long-term
    26  and  unforeseen  consequences for sharing sexually suggestive materials,

    27  explicit materials or abusive materials; and
    28    (d) the potential connection between bullying and  cyber-bullying  and
    29  juveniles  sharing  sexually suggestive materials, explicit materials or
    30  abusive materials.
    31    5. [Upon receipt of the court order, pursuant to the family court  act
    32  or  section  60.37  of  the  penal  law, directing an eligible person to
    33  attend the program, the office, after  consultation  with  the  eligible
    34  person  and  the  attorney  for such person, shall schedule the eligible
    35  person to attend the next available session of  the  program  and  shall
    36  send  written  notice  of  the scheduling, along with the date, time and
    37  location of the session or sessions, to the eligible person, the  attor-

    38  ney  for  such person and the clerk of the referring court.] The office,
    39  in conjunction with the office of court administration,  the  office  of
    40  probation  and  correctional  alternatives  and the division of criminal
    41  justice services, shall provide annual notice regarding the  program  to
    42  local probation departments, applicable court personnel, county defender
    43  offices,  organizations or groups assigned to act as attorneys for chil-
    44  dren, district attorneys, presentment agencies and county attorneys, for
    45  the purpose of such information being provided to each eligible  person,
    46  his  or  her attorney and his or her parent or guardian where necessary,
    47  upon an order that they complete such program. The notice shall include,

    48  at a minimum, a short description  of  the  program,  when  use  of  the
    49  program  is  authorized  by  statute,  and  the  means  of accessing and
    50  completing the program. The office shall  maintain  information  on  its
    51  website  regarding  the  program, including directions for accessing the
    52  program.
    53    6. Within twenty days of the  date  upon  which  the  eligible  person
    54  completes  the  program,  the  office  shall  provide such person with a
    55  certification that he or she has successfully completed the program  and
    56  the date the program was completed. The eligible person shall be respon-

        S. 6255--D                         32                         A. 9055--D
 
     1  sible  for  completing the program, and providing any necessary proof of

     2  completion.
     3    §  3.  Subdivision  2  of  section  308.1  of the family court act, as
     4  amended by chapter 252 of the laws  of  1988,  is  amended  to  read  as
     5  follows:
     6    2.  Except as provided in subdivisions three and four of this section,
     7  the probation service may, in accordance with  rules  of  court,  adjust
     8  suitable cases before a petition is filed. The inability of the respond-
     9  ent  or his or her family to make restitution shall not be a factor in a
    10  decision to adjust a case or in  a  recommendation  to  the  presentment
    11  agency  pursuant  to  subdivision  six  of this section. Nothing in this
    12  section shall prohibit the probation service or the court from directing
    13  a respondent to obtain employment and to make restitution from the earn-
    14  ings from such employment.  Nothing in this section shall  prohibit  the

    15  probation  service  or  the  court  from directing an eligible person to
    16  complete an education reform program in  accordance  with  section  four
    17  hundred fifty-eight-l of the social services law.
    18    §  4.  Subdivision  (a)  of  section  749  of the family court act, as
    19  amended by chapter 237 of the laws  of  1991,  is  amended  to  read  as
    20  follows:
    21    (a)  (i) Upon or after a fact-finding hearing, the court may, upon its
    22  own motion or upon a motion of a party to the proceeding, order that the
    23  proceeding be "adjourned in contemplation of dismissal". An  adjournment
    24  in contemplation of dismissal is an adjournment of the proceeding, for a
    25  period not to exceed six months with a view to ultimate dismissal of the
    26  petition  in  furtherance  of  justice. Upon issuing such an order, upon

    27  such permissible terms and  conditions  as  the  rules  of  court  shall
    28  define, the court must release the individual.
    29    (ii)  The court may, as a condition of an adjournment in contemplation
    30  of dismissal order[,]: (A) in cases where the record indicates that  the
    31  consumption  of alcohol may have been a contributing factor, require the
    32  respondent to attend and complete an alcohol  awareness  program  estab-
    33  lished  pursuant  to  [paragraph  six-a  of  subdivision (a) of] section
    34  [19.07] 19.25 of the mental hygiene law;  or  (B)  in  cases  where  the
    35  record  indicates  that  cyberbullying  or  sexting was the basis of the
    36  petition, require an eligible person to  complete  an  education  reform

    37  program  in  accordance  with  section four hundred fifty-eight-l of the
    38  social services law.
    39    (iii) Upon application of the petitioner,  or  upon  the  court's  own
    40  motion, made at any time during the duration of the order, the court may
    41  restore  the  matter  to  the  calendar.  If  the  proceeding  is not so
    42  restored, the petition is at the expiration of the order, deemed to have
    43  been dismissed by the court in furtherance of justice.
    44    § 5. Subdivision 1 of section 754 of the family court act  is  amended
    45  by adding a closing paragraph to read as follows:
    46    The court may order an eligible person to complete an education reform
    47  program  in  accordance  with  section four hundred fifty-eight-l of the
    48  social services law, as part of a disposition pursuant to paragraph (a),

    49  (b) or (d) of this subdivision.
    50    § 6. Section 60.37 of the penal law, as added by chapter  535  of  the
    51  laws of 2011, is amended to read as follows:
    52  § 60.37 Authorized disposition; certain offenses.
    53    When  a  person  has  been charged with an offense and the elements of
    54  such offense meet the criteria of an "eligible offense" and such  person
    55  qualifies  as  an "eligible person" as such terms are defined in section
    56  four hundred fifty-eight-l of the social services law, the court may, as

        S. 6255--D                         33                         A. 9055--D
 
     1  a condition of adjournment in contemplation of dismissal  in  accordance
     2  with  section  170.55  of  the criminal procedure law, or a condition of
     3  probation or a conditional discharge, direct that the defendant  partic-

     4  ipate  in  an  education  reform  program pursuant to subdivision two of
     5  section four hundred fifty-eight-l of the social services law.
     6    § 7. Section 170.55 of the criminal procedure law is amended by adding
     7  a new subdivision 6-a to read as follows:
     8    6-a. The court may, as a condition of  an  authorized  adjournment  in
     9  contemplation of dismissal, where the defendant has been charged with an
    10  offense and the elements of such offense meet the criteria of an "eligi-
    11  ble  offense"  and such person qualified as an "eligible person" as such
    12  terms are defined in section four hundred fifty-eight-l  of  the  social
    13  services  law,  require  the  defendant  to  participate in an education
    14  reform program in accordance with section four hundred fifty-eight-l  of
    15  the social services law.

    16    § 8. Section 7 of chapter 535 of the laws of 2011, amending the social
    17  services  law  and  other laws relating to creating the education reform
    18  program, is amended to read as follows:
    19    § 7. This act shall take effect on the [one] two  hundred  [eightieth]
    20  fortieth  day after it shall have become a law; provided that, effective
    21  immediately, the commissioner of  the  office  of  children  and  family
    22  services  shall  promulgate any rules and regulations and take all other
    23  actions necessary to implement the provisions of this act on  or  before
    24  such effective date.
    25    §  9.  This  act  shall  take  effect on the same date and in the same
    26  manner as chapter 535 of the laws of 2011,  as  amended,  takes  effect;
    27  provided  that  section  eight of this act shall take effect immediately

    28  and shall be deemed to have been in full force and effect on  and  after
    29  September 23, 2011.
 
    30                                   PART W
 
    31    Section 1. Paragraph (a) of subdivision 2 of section 98-b of the state
    32  finance law, as amended by section 2 of part E of chapter 56 of the laws
    33  of 2010, is amended to read as follows:
    34    (a)  The  purpose of such fund shall be to (i) assist counties and, in
    35  the case of a county wholly contained  within  a  city,  such  city,  in
    36  providing legal representation for persons who are financially unable to
    37  afford  counsel  pursuant  to article eighteen-B of the county law; (ii)
    38  assist the state, in improving the quality of  public  defense  services
    39  and  funding representation provided by assigned counsel paid in accord-
    40  ance with section thirty-five of the judiciary law; [and] (iii)  provide

    41  support for the operations, duties, responsibilities and expenses of the
    42  office  of indigent legal services and the indigent legal services board
    43  established, respectively, pursuant to sections eight hundred thirty-two
    44  and eight hundred thirty-three of the executive law;  and  (iv)  provide
    45  support for the public defense backup center.
    46    § 2. Section 700 of the county law is amended by adding a new subdivi-
    47  sion 12 to read as follows:
    48    12.  In  addition to state aid provided in subdivisions ten and eleven
    49  of this section, each county, the salary of  the  district  attorney  of
    50  which  is  determined  pursuant to section one hundred eighty-three-a of
    51  the judiciary law, shall be entitled to receive state aid in  an  amount

    52  equal  to  the difference between: (a) the salary required to be paid to
    53  the district attorney of  such  county  pursuant  to  such  section  one
    54  hundred  eighty-three-a  of the judiciary law on March thirty-first, two

        S. 6255--D                         34                         A. 9055--D
 
     1  thousand twelve, and (b) the salary paid  to  a  justice  of  the  state
     2  supreme  court of that same county, on April first, two thousand twelve,
     3  pursuant to chapter five hundred sixty-seven of the laws of two thousand
     4  ten.
     5    §  3.  This act shall take effect April 1, 2012 and shall expire March
     6  31, 2013 when upon such date the provisions of this act shall be  deemed
     7  repealed.
 
     8                                   PART X
 

     9    Section  1. Paragraph (d) of subdivision 6 of section 186-f of the tax
    10  law, as amended by section 2 of part D of chapter  57  of  the  laws  of
    11  2011, is amended to read as follows:
    12    (d) The sum of [nine] seven million dollars annually for the provision
    13  of grants [or reimbursements] to counties for costs related to the oper-
    14  ation  and improvement of local public safety answering points. [Annual]
    15  Such annual grants  may  consider  prospective  or  retrospective  costs
    16  incurred to consolidate public safety answering points, to implement new
    17  technologies  in  local  public  safety answering points that facilitate
    18  interoperability and create operating efficiencies, or  to  promote  the
    19  development  and implementation of cross-jurisdictional standard operat-

    20  ing procedures that  foster  regional  consolidation.  The  sum  of  two
    21  million  dollars annually for the provision of reimbursement to counties
    22  for operating expenses, other than personal service, incurred during the
    23  operation of local public  safety  answering  points.  The  commissioner
    24  shall  develop  a  plan  for  the distribution of such reimbursement, in
    25  consultation with the New York state interoperable and emergency  commu-
    26  nication  board.  The  plan  for distribution may consider the potential
    27  recipient's compliance with the standards of such board and  the  poten-
    28  tial recipient's role in providing communication services to the benefit
    29  of other municipalities.
    30    § 2. This act shall take effect immediately; provided however that the

    31  amendments to paragraph (d) of subdivision 6 of section 186-f of the tax
    32  law  made  by section one of this act shall not affect the expiration of
    33  such paragraph and shall expire therewith.
    34    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    35  sion, section or part of this act shall be  adjudged  by  any  court  of
    36  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    37  impair, or invalidate the remainder thereof, but shall  be  confined  in
    38  its  operation  to the clause, sentence, paragraph, subdivision, section
    39  or part thereof directly involved in the controversy in which such judg-
    40  ment shall have been rendered. It is hereby declared to be the intent of
    41  the legislature that this act would  have  been  enacted  even  if  such
    42  invalid provisions had not been included herein.

    43    §  3.  This  act shall take effect immediately provided, however, that
    44  the applicable effective date of Parts A through X of this act shall  be
    45  as specifically set forth in the last section of such Parts.
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