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S06255 Text:

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

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

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

                                   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    S 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    S 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    S  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    S 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    S 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    S 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    S  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    S  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    S 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    S 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    S 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    S 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    S  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    S 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    S  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    S 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    S  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    S 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    S 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    S  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    S 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    S 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    S 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    S  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    S  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    S 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    S  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    S  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    S 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    S  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    S 8. Intentionally omitted.
   49    S  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    S  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    S 11. Intentionally omitted.
   25    S  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    S 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    S 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    S 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    S 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    S 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    S  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    S 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    S  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    S  20.  Section  6 of the New York state printing and public documents
   28  law is REPEALED.
   29    S 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    S  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    S 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    S  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    S  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    S  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    S 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    S  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    S 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    S  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    S 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    S 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    S  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    S  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    S  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    S  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    S 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    S 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    S 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    S  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    S 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    S 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    S  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    S  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    S 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    S 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    S  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    S 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    S 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    S  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    S 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    S  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    S 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    S  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    S 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    S  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    S 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    S 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    S 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    S 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    S  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    S 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    S 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    S 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    S  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    S  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    S  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    S 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    S 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    S 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    S  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    S  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    S 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    S 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  S 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    S 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    S 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    S 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    S  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    S 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    S  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    S 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    S 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    S  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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