A08555 Summary:

BILL NOA08555D
 
SAME ASSAME AS UNI. S06355-D
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
communications account" (Part Q); to amend the racing, pari-mutuel wagering and breeding law, in relation to the investigation of applicants for a gaming facility license (Part R); relating to staffing and closure of correctional facilities (Part S); to enact the "Mohawk Valley and Niagara county assessment relief act"; and to amend the local finance law, in relation to real property tax refunds and credits in such regions (Part T); to amend the real property tax law, in relation to the tax abatement and exemption for rent regulated and rent controlled property occupied by senior citizens; and providing for the repeal of certain provisions upon expiration thereof (Part U); to authorize the city of Yonkers to issue bonds; and providing for the repeal of such provisions upon expiration thereof (Subpart A); and to authorize assistance to the city of Yonkers to support public schools in the city (Subpart B)(Part V); in relation to providing municipal relief to the city of Rochester (Part W); to amend the state finance law, in relation to increasing state assistance to eligible municipalities with video lottery gaming facilities (Part X); to amend chapter 401 of the laws of 2002, amending the real property tax law and the Nassau county administrative code relating to assessment and review of assessments in the county of Nassau, in relation to extending certain provisions thereof (Part Y); to amend the urban development corporation act, in relation to a beginning farmers NY fund (Part Z); to amend the New York state urban development corporation act, in relation to the minority- and women-owned business development and lending program (Part AA); to amend the economic development law, in relation to certain correctional facilities designated as tax-free NY areas (Part BB); to amend the executive law, in relation to establishing a faculty development and technology transfer advisory council (Part CC); to amend the economic development law, in relation to including veterans within provisions of law relating to entrepreneurial assistance (Part DD); to amend the environmental conservation law and the penal law, in relation to authorizing the use of crossbows for hunting; to amend the environmental conservation law, in relation to hunting, trapping, and fishing licenses; and to amend the vehicle and traffic law, in relation to distinctive "I love New York" license plates (Part EE); to amend chapter 350 of the laws of 2012 relating to the conveyance of land formerly used as an armory to the town of Brookhaven, county of Suffolk, in relation to authorizing such transfer to be made to the North Patchogue Fire District (Part FF); authorizing the commissioner of general services to convey real property at the St. Lawrence psychiatric center to the city of Ogdensburg (Part GG); and to amend the state finance law, in relation to payments, transfers and deposits, monies recovered through the New York false claims act; to amend the executive law, in relation to general duties of the department of law; and to amend the general business law, in relation to monies recovered from monopolies, deceptive acts and practices unlawful, and actions made by the attorney general with respect to fraudulent practices (Part HH).
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A08555 Actions:

BILL NOA08555D
 
01/21/2014referred to ways and means
02/12/2014amend (t) and recommit to ways and means
02/12/2014print number 8555a
02/21/2014amend (t) and recommit to ways and means
02/21/2014print number 8555b
03/11/2014amend (t) and recommit to ways and means
03/11/2014print number 8555c
03/28/2014amend (t) and recommit to ways and means
03/28/2014print number 8555d
03/31/2014reported referred to rules
03/31/2014reported
03/31/2014rules report cal.30
03/31/2014ordered to third reading rules cal.30
03/31/2014motion to amend lost
03/31/2014motion to amend lost
03/31/2014motion to amend lost
03/31/2014motion to amend lost
03/31/2014motion to amend lost
03/31/2014passed assembly
03/31/2014delivered to senate
03/31/2014REFERRED TO FINANCE
03/31/2014SUBSTITUTED FOR S6355D
03/31/20143RD READING CAL.372
03/31/2014PASSED SENATE
03/31/2014RETURNED TO ASSEMBLY
03/31/2014delivered to governor
03/31/2014signed chap.55
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A08555 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8555D
 
SPONSOR: Budget
  TITLE OF BILL: An act intentionally omitted (Part A); to amend the vehicle and traffic law, in relation to the suspension and revocation of certain driver's licenses for violations relating to the use of mobile telephones and portable electronic devices while driving and increased fines for such violations (Part B); to amend chapter 503 of the laws of 2009, relating to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument, in relation to the effectiveness thereof (Part C); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part D); inten- tionally omitted (Part E); to amend the state technology law, the gener- al municipal law and the public officers law, in relation to supporting the consolidation of state information technology resources (Part F); to amend chapter 410 of the laws of 2009, amending the state finance law relating to authorizing the aggregate purchases of energy for state agencies, institutions, local governments, public authorities and public benefit corporations and chapter 97 of the laws of 2011, amending the state finance law and other laws relating to providing certain central- ized service to political subdivisions and extending the authority of the commissioner of general services to aggregate purchases of energy for state agencies and political subdivisions, in relation to extending the expiration dates for the provision of certain centralized services and purchasing authorizations; and to amend the public authorities law, in relation to authorizing local authorities to use federal general service administration supply schedules and other governmental agencies for purchasing contracts; and to amend chapter 308 of the laws of 2012 amending the general municipal law relating to providing local govern- ments greater contract flexibility and cost savings by permitting certain shared purchasing among political subdivisions, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof (Part G); to amend the criminal procedure law, in relation to the prosecution of misconduct by public servants, and in relation to including corrupting the government within the definition of a designated offense; to amend the penal law, in relation to attempting to commit the crime of bribery, in relation to establishing the crime of corrupting the government, in relation to the crime of bribery, and expands the crime of bribe receiving; to amend the legislative law, in relation to lobbying; to amend the state finance law, in relation to cancellation and disqualification of certain contracts; to amend the public officers law, in relation to persons deemed incapable of holding a civil office; to amend the tax law, in relation to certain tax credit limitations; to amend the public officers law, in relation to financial disclosure; and to repeal section 17-158 of the election law relating to corrupt use of position or authority (Subpart A); to amend the election law, in relation to the state board of elections chief enforcement counsel; and to amend the criminal proce- dure law, in relation to the chief enforcement counsel of the state board of elections (Subpart B); to amend the election law, in relation to campaign finance reform and in relation to campaign contribution limits and penalties for violations (Subpart C); and to amend the election law, in relation to matching financing; and to amend the state finance law, in relation to the New York state campaign finance fund and the abandoned property fund; and providing for the repeal of such provisions upon expiration thereof (Subpart D) (Part H); to provide for the administration of certain funds and accounts related to the 2014-15 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to school tax relief fund; to amend the state finance law, in relation to payments, transfers and deposits; to amend the state finance law, in relation to the period for which appropri- ations can be made; to transfer certain employees of the division of military and naval affairs to the office of general services; to amend the state finance law, in relation to the issuance of bonds and notes; to amend the state finance law, in relation to the general fund; to amend the New York state urban development corporation act, in relation to funding project costs for certain capital projects; to amend chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; to amend the private housing finance law, in relation to housing program bonds and notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of bonds; to amend the public authori- ties law, in relation to the dormitory authority; to amend chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; to amend the state finance law, in relation to the creation of a fund for settlement proceeds received by the New York state attorney general from J.P. Morgan Securi- ties LLC and related entities, and to provide for the transfer of money between such fund and the general fund; to amend the New York state urban development corporation act, in relation to the Clarkson-trudeau partnership, the New York genome center, the Cornell University college of veterinary medicine, the Olympic regional development authority, a project at nano Utica, Onondaga county revitalization projects; to amend the public authorities law, in relation to the state environmental infrastructure projects; to amend the state finance law, in relation to the New York state storm recovery capital fund; to amend the New York state urban development corporation act, in relation to authorizing the urban development corporation to issue bonds to fund project costs for the implementation of a NY-CUNY challenge grant program; to amend chap- ter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggregate amount of bonds to be issued by the New York state urban development corporation; to amend the public authorities law, in relation to financing of peace bridge and transportation capital projects; to amend the public authorities law, in relation to dormito- ries at certain educational institutions other than state operated institutions and statutory or contract colleges under the jurisdiction of the state university of New York; to amend the public authorities law, in relation to authorization for the issuance of bonds for the capital restructuring bond finance program; to amend chapter 389 of the laws of 1997, providing for the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; to amend the public authorities law, in relation to environmental remediation; to amend the New York state medical care facilities finance agency act, in relation to bonds and mental health facilities improvement notes; to amend chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, in relation to the aggregate amount of and issuance of certain bonds; and to amend chapter 63 of the laws of 2005, relating to the composition and responsibilities of the New York state higher education capital matching grant board, in relation to increasing the amount of authorized matching capital grants; and providing for the repeal of certain provisions upon expiration thereof (Part I); intentionally omitted (Part J); 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 K); to amend the executive law, in relation to qualifications for an annual annuity for parents of veterans (Part L); to amend the correction law, in relation to the housing of prisoners and other persons in custody (Part M); to amend the executive law, in relation to reporting on the function and effectiveness of the gun involved violence elimination program (Part N); to grant an exemption from certain provisions of the administrative code of the city of New York relating to benefits pursuant to section 421-a of the real property tax law (Part O); providing for the construction of a memorial to employees of the department of corrections and community supervision who have died in the line of duty and making available funds therefore (Part P); to amend the tax law and the state finance law, in relation to the "statewide public safety communications account" (Part Q); to amend the racing, pari-mutuel wagering and breed- ing law, in relation to the investigation of applicants for a gaming facility license (Part R); relating to staffing and closure of correc- tional facilities (Part S); to enact the "Mohawk Valley and Niagara county assessment relief act"; and to amend the local finance law, in relation to real property tax refunds and credits in such regions (Part T); to amend the real property tax law, in relation to the tax abatement and exemption for rent regulated and rent controlled property occupied by senior citizens; and providing for the repeal of certain provisions upon expiration thereof (Part U); to authorize the city of Yonkers to issue bonds; and providing for the repeal of such provisions upon expi- ration thereof (Subpart A); and to authorize assistance to the city of Yonkers to support public schools in the city (Subpart B)(Part V); in relation to providing municipal relief to the city of Rochester (Part W); to amend the state finance law, in relation to increasing state assistance to eligible municipalities with video lottery gaming facili- ties (Part X); to amend chapter 401 of the laws of 2002, amending the real property tax law and the Nassau county administrative code relating to assessment and review of assessments in the county of Nassau, in relation to extending certain provisions thereof (Part Y); to amend the urban development corporation act, in relation to a beginning farmers NY fund (Part Z); to amend the New York state urban development corporation act, in relation to the minority- and women-owned business development and lending program (Part AA); to amend the economic development law, in relation to certain correctional facilities designated as tax-free NY areas (Part BB); to amend the executive law, in relation to establishing a faculty development and technology transfer advisory council (Part CC); to amend the economic development law, in relation to including veterans within provisions of law relating to entrepreneurial assistance (Part DD); to amend the environmental conservation law and the penal law, in relation to authorizing the use of crossbows for hunting; to amend the environmental conservation law, in relation to hunting, trap- ping, and fishing licenses; and to amend the vehicle and traffic law, in relation to distinctive "I love New York" license plates (Part EE); to amend chapter 350 of the laws of 2012 relating to the conveyance of land formerly used as an armory to the town of Brookhaven, county of Suffolk, in relation to authorizing such transfer to be made to the North Patc- hogue Fire District (Part FF); authorizing the commissioner of general services to convey real property at the St. Lawrence psychiatric center to the city of Ogdensburg (Part GG); and to amend the state finance law, in relation to payments, transfers and deposits, monies recovered through the New York false claims act; to amend the executive law, in relation to general duties of the department of law; and to amend the general business law, in relation to monies recovered from monopolies, deceptive acts and practices unlawful, and actions by the attorney general with respect to fraudulent practices (Part HH)   SUMMARY: This bill would enact into law major components of legislation that are necessary to implement the Public Protection and General Government budget. Among its provisions are the following proposals: A Intentionally omitted. B Increase driver's license sanctions for motorists under age 21 who engage in unlawful texting while driving. C Extend provisions relating to the disposition of certain monies recovered by District Attorneys. D Suspends transfers to the Emergency Services Revolving Loan Fund. E Intentionally omitted. F Relates to contracting and staffing of the Office of Information Technology Services. G Extends certain procurement provisions. H Enacts the "Public Trust Act," to provide campaign reform finance measures, enhance penalties for public corruption and to establish a public campaign financing system. I Authorize transfers, temporary loans, and amendments to miscellaneous capital/debt provisions, including bond caps. J Intentionally omitted. K Extends certain provisions of the Legislative Law. L Clarifies and expands eligibility for the Gold Star Annuity Program. M Relates to the housing of certain prisoners, in compliance with Federal requirements. N Relates to reporting requirements for the Gun Involved Violence Elim- ination (GIVE) Program. O Relates to a Real Property Tax exemption for a certain parcels. P Relates to the establishment of a Corrections Officers' Memorial. Q Allocates funds to Public Safety Answering Points. R Clarifies that the Division of State Police is the agency responsible for investigating casino operator applicants. S Prohibits any further state prison closures until July, 2016; requires DOCCS to review security staffing at existing correctional facilities and to develop a three-year safety plan; and requires quar- terly reports on assaults in correctional facilities. T Establishes the "Mohawk Valley and Niagara County Assessment Relief Act". U Relates to the Senior Citizen Rent Increase Exemption (SCRIE). V Provides for deficit financing and other measures for the City of Yonkers school district. W Provides for the transfer of State funds in support of the City of Rochester X Relates to the payment of VLT aid to eligible munici- palities. Y Extends certain provisions of the Nassau County Administrative Code. Z Establishes a Beginning Farmers NY Fund. AA Establishes an MWBE Investment Fund. BB Makes properties of certain correctional facilities eligible for participation in the START-UP NY Program. CC Establishes a Faculty Development and Technology Transfer Advisory Council. DD Provides for a veterans entrepreneurship program. EE Amends various sections of law to permit hunting with crossbows and the issuance of distinctive license plates, among other things. FF Permits OGS to transfer lands in the Town of Brookhaven. GG Permits OGS transfer lands in the City of Ogdensburg. HH Amends the State Finance Law to prohibit State officials or employ- ees from allocating settlement funds without appropriation authority.   JUSTIFICATION: This bill is necessary for the enactment of portions of the SFY 2014-15 Public Protection and General Governments budget, as contained in the State Operations, Capital Projects and Aid to Localities appropriations bills.   FISCAL IMPACT: The provisions contained in this legislation are related to appropri- ations proposed for SFY 2014-15.   EFFECTIVE DATE: Effective April 1, 2014, with exceptions.
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A08555 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6355--D                                            A. 8555--D
 
                SENATE - ASSEMBLY
 
                                    January 21, 2014
                                       ___________
 
        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 intentionally omitted (Part A); to amend the vehicle and  traffic
          law,  in relation to the suspension and revocation of certain driver's
          licenses for violations relating to the use of mobile  telephones  and
          portable electronic devices while driving and increased fines for such
          violations  (Part B); to amend chapter 503 of the laws of 2009, relat-
          ing to the disposition of monies recovered by county  district  attor-
          neys before the filing of an accusatory instrument, in relation to the
          effectiveness  thereof  (Part C); to amend the tax law, in relation to
          suspending the transfer of monies into the emergency services  revolv-
          ing  loan fund from the public safety communications account (Part D);
          intentionally omitted (Part E); to amend the state technology law, the

          general municipal law and the public  officers  law,  in  relation  to
          supporting the consolidation of state information technology resources
          (Part F); to amend chapter 410 of the laws of 2009, amending the state
          finance  law relating to authorizing the aggregate purchases of energy
          for state agencies, institutions, local governments,  public  authori-
          ties  and  public  benefit  corporations and chapter 97 of the laws of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12670-07-4

        S. 6355--D                          2                         A. 8555--D
 
          2011, amending the state  finance  law  and  other  laws  relating  to

          providing  certain  centralized  service to political subdivisions and
          extending the authority of the commissioner  of  general  services  to
          aggregate  purchases of energy for state agencies and political subdi-
          visions, in  relation  to  extending  the  expiration  dates  for  the
          provision  of  certain  centralized  services  and purchasing authori-
          zations; and to amend the  public  authorities  law,  in  relation  to
          authorizing  local authorities to use federal general service adminis-
          tration supply schedules and other governmental agencies for  purchas-
          ing  contracts;  and to amend chapter 308 of the laws of 2012 amending
          the general municipal law  relating  to  providing  local  governments
          greater  contract  flexibility  and cost savings by permitting certain
          shared purchasing among political subdivisions,  in  relation  to  the

          effectiveness  thereof;  and  providing  for  the  repeal  of  certain
          provisions upon expiration thereof (Part G);  to  amend  the  criminal
          procedure  law, in relation to the prosecution of misconduct by public
          servants, and in relation to including corrupting the government with-
          in the definition of a  designated offense; to amend the penal law, in
          relation to attempting to commit the crime of bribery, in relation  to
          establishing  the  crime  of corrupting the government, in relation to
          the crime of bribery, and expands the crime  of  bribe  receiving;  to
          amend the legislative law, in relation to lobbying; to amend the state
          finance  law,  in  relation  to  cancellation  and disqualification of
          certain contracts; to amend the public officers law,  in  relation  to
          persons  deemed  incapable of holding a civil office; to amend the tax

          law, in relation to certain  tax  credit  limitations;  to  amend  the
          public  officers  law,  in  relation  to  financial disclosure; and to
          repeal section 17-158 of the election law relating to corrupt  use  of
          position  or  authority  (Subpart  A);  to  amend the election law, in
          relation to the state board of elections  chief  enforcement  counsel;
          and  to  amend  the  criminal  procedure law, in relation to the chief
          enforcement counsel of the state board of elections  (Subpart  B);  to
          amend  the election law, in relation to campaign finance reform and in
          relation to campaign contribution limits and penalties for  violations
          (Subpart  C);  and  to amend the election law, in relation to matching
          financing; and to amend the state finance law, in relation to the  New
          York  state campaign finance fund and the abandoned property fund; and

          providing for the repeal of such provisions  upon  expiration  thereof
          (Subpart  D)  (Part  H);  to provide for the administration of certain
          funds and accounts related to the 2014-15 budget, authorizing  certain
          payments and transfers; to amend the state finance law, in relation to
          school tax relief fund; to amend the state finance law, in relation to
          payments,  transfers  and deposits; to amend the state finance law, in
          relation to the period for which appropriations can be made; to trans-
          fer certain employees of the division of military and naval affairs to
          the office of general services; to amend the  state  finance  law,  in
          relation  to  the  issuance  of  bonds  and  notes; to amend the state
          finance law, in relation to the general fund; to amend  the  New  York
          state  urban  development  corporation  act,  in  relation  to funding

          project costs for certain capital projects; to amend  chapter  389  of
          the laws of 1997, relating to the financing of the correctional facil-
          ities  improvement  fund  and  the youth facility improvement fund, in
          relation to the issuance  of  bonds;  to  amend  the  private  housing
          finance  law, in relation to housing program bonds and notes; to amend
          chapter 329 of the laws of 1991, amending the state  finance  law  and
          other  laws relating to the establishment of the dedicated highway and

        S. 6355--D                          3                         A. 8555--D
 
          bridge trust fund, in relation to the issuance of bonds; to amend  the
          public  authorities  law,  in  relation to the dormitory authority; to
          amend chapter 61 of the laws of 2005, providing for the administration

          of  certain  funds  and  accounts  related to the 2005-2006 budget, in
          relation to issuance of bonds by the urban development corporation; to
          amend the state finance law, in relation to the creation of a fund for
          settlement proceeds received by the New York  state  attorney  general
          from  J.P.  Morgan Securities LLC and related entities, and to provide
          for the transfer of money between such fund and the general  fund;  to
          amend  the  New  York  state  urban  development  corporation  act, in
          relation to the Clarkson-trudeau  partnership,  the  New  York  genome
          center,  the  Cornell  University  college of veterinary medicine, the
          Olympic regional development authority, a project at nano Utica, Onon-
          daga county revitalization projects; to amend the  public  authorities
          law,  in  relation to the state environmental infrastructure projects;

          to amend the state finance law, in relation  to  the  New  York  state
          storm  recovery capital fund; to amend the New York state urban devel-
          opment corporation act, in relation to authorizing the urban  develop-
          ment  corporation  to issue bonds to fund project costs for the imple-
          mentation of a NY-CUNY challenge grant program; to amend chapter 81 of
          the laws of 2002, providing for the administration  of  certain  funds
          and  accounts related to the 2002-2003 budget, in relation to increas-
          ing the aggregate amount of bonds to be issued by the New  York  state
          urban development corporation; to amend the public authorities law, in
          relation  to  financing  of  peace  bridge  and transportation capital
          projects; to amend the public authorities law, in relation to dormito-
          ries at certain educational institutions  other  than  state  operated

          institutions and statutory or contract colleges under the jurisdiction
          of  the  state university of New York; to amend the public authorities
          law, in relation to authorization for the issuance of  bonds  for  the
          capital  restructuring  bond  finance program; to amend chapter 389 of
          the laws of 1997, providing for  the  financing  of  the  correctional
          facilities  improvement  fund and the youth facility improvement fund,
          in relation to the issuance of bonds; to amend the public  authorities
          law,  in  relation to environmental remediation; to amend the New York
          state medical care facilities finance agency act, in relation to bonds
          and mental health facilities improvement notes; to amend  chapter  174
          of the laws of 1968, constituting the New York state urban development
          corporation  act,  in relation to the aggregate amount of and issuance

          of certain bonds; and to amend chapter 63 of the laws of 2005,  relat-
          ing  to  the  composition  and  responsibilities of the New York state
          higher education capital matching grant board, in relation to increas-
          ing the amount of authorized matching capital  grants;  and  providing
          for the repeal of certain provisions upon expiration thereof (Part I);
          intentionally  omitted  (Part  J);  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 K); to amend the execu-
          tive law, in relation to qualifications  for  an  annual  annuity  for

          parents of veterans (Part L); to amend the correction law, in relation
          to  the housing of prisoners and other persons in custody (Part M); to
          amend the executive law, in relation to reporting on the function  and
          effectiveness  of  the gun involved violence elimination program (Part
          N); to grant an exemption from certain provisions of  the  administra-

        S. 6355--D                          4                         A. 8555--D
 
          tive  code  of  the  city of New York relating to benefits pursuant to
          section 421-a of the real property tax law (Part O); providing for the
          construction  of  a  memorial  to  employees  of  the  department   of
          corrections  and  community  supervision  who have died in the line of
          duty and making available funds therefore (Part P); to amend  the  tax

          law  and  the  state finance law, in relation to the "statewide public
          safety communications account" (Part Q); to amend the racing, pari-mu-
          tuel wagering and breeding law, in relation to  the  investigation  of
          applicants  for a gaming facility license (Part R); relating to staff-
          ing and closure of correctional facilities  (Part  S);  to  enact  the
          "Mohawk Valley and Niagara county assessment relief act"; and to amend
          the  local  finance  law, in relation to real property tax refunds and
          credits in such regions (Part T); to amend the real property tax  law,
          in  relation to the tax abatement and exemption for rent regulated and
          rent controlled property occupied by senior  citizens;  and  providing
          for the repeal of certain provisions upon expiration thereof (Part U);
          to authorize the city of Yonkers to issue bonds; and providing for the

          repeal  of such provisions upon expiration thereof (Subpart A); and to
          authorize assistance to the city of Yonkers to support public  schools
          in  the  city  (Subpart B)(Part V); in relation to providing municipal
          relief to the city of Rochester (Part W); to amend the  state  finance
          law,  in  relation  to increasing state assistance to eligible munici-
          palities with video lottery gaming facilities (Part X); to amend chap-
          ter 401 of the laws of 2002, amending the real property  tax  law  and
          the  Nassau  county  administrative  code  relating  to assessment and
          review of assessments in the county of Nassau, in relation to  extend-
          ing  certain  provisions thereof (Part Y); to amend the urban develop-
          ment corporation act, in relation to a beginning farmers NY fund (Part
          Z); to amend the New York state urban development corporation act,  in

          relation  to  the  minority-  and women-owned business development and
          lending program (Part AA); to amend the economic development  law,  in
          relation  to certain correctional facilities designated as tax-free NY
          areas (Part BB); to amend the executive law, in relation to establish-
          ing a faculty development and  technology  transfer  advisory  council
          (Part  CC);  to  amend  the  economic  development law, in relation to
          including veterans within provisions of law relating to entrepreneuri-
          al assistance (Part DD); to amend the environmental  conservation  law
          and the penal law, in relation to authorizing the use of crossbows for
          hunting;  to  amend the environmental conservation law, in relation to
          hunting, trapping, and fishing licenses; and to amend the vehicle  and
          traffic  law,  in  relation  to  distinctive "I love New York" license

          plates (Part EE); to amend chapter 350 of the laws of 2012 relating to
          the conveyance of land formerly used as  an  armory  to  the  town  of
          Brookhaven,  county of Suffolk, in relation to authorizing such trans-
          fer to be made to the North Patchogue Fire District (Part FF); author-
          izing the commissioner of general services to convey real property  at
          the  St.  Lawrence  psychiatric center to the city of Ogdensburg (Part
          GG); and to amend the state finance  law,  in  relation  to  payments,
          transfers  and  deposits,  monies recovered through the New York false
          claims act; to amend the executive law, in relation to general  duties
          of  the  department  of law; and to amend the general business law, in
          relation to monies recovered from monopolies, deceptive acts and prac-
          tices unlawful, and actions by the attorney general  with  respect  to

          fraudulent practices (Part HH)

        S. 6355--D                          5                         A. 8555--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 2014-2015
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified as Parts A through HH. 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                            Intentionally Omitted
 
    14                                   PART B
 
    15    Section 1. Subparagraphs (x) and (xi) of paragraph a of subdivision  2
    16  of  section  510 of the vehicle and traffic law, as added by chapter 571
    17  of the laws of 2006, are amended and two  new  subparagraphs  (xii)  and
    18  (xiii) are added to read as follows:
    19    (x)  of  a  traffic  infraction  for a subsequent violation of article
    20  twenty-six of this chapter and the commission of such  violation  caused
    21  serious  physical injury to another person and such subsequent violation
    22  occurred within eighteen months of a prior violation of any provision of

    23  article twenty-six of this chapter where the commission  of  such  prior
    24  violation caused the serious physical injury or death of another person;
    25  [or]
    26    (xi)  of  a  traffic  infraction for a subsequent violation of article
    27  twenty-six of this chapter and the commission of such  violation  caused
    28  the death of another person and such subsequent violation occurred with-
    29  in  eighteen  months  of  a  prior violation of any provision of article
    30  twenty-six of this chapter where the commission of such prior  violation
    31  caused the serious physical injury or death of another person[.];
    32    (xii)  of  a second or subsequent conviction of a violation of section
    33  twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
    34  this chapter committed where such person is the holder of a probationary

    35  license,  as  defined in subdivision four of section five hundred one of
    36  this title, at the time of the commission of  such  violation  and  such
    37  second or subsequent violation was committed within six months following
    38  the restoration or issuance of such probationary license; or
    39    (xiii)  of a second or subsequent conviction of a violation of section
    40  twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
    41  this  chapter committed where such person is the holder of a class DJ or
    42  MJ learner's permit or a class DJ or MJ  license  at  the  time  of  the
    43  commission of such violation and such second or subsequent violation was
    44  committed  within six months following the restoration of such permit or
    45  license.

    46    § 2. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
    47  traffic  law is amended by adding two new subparagraphs (xvi) and (xvii)
    48  to read as follows:

        S. 6355--D                          6                         A. 8555--D
 
     1    (xvi) for a period of one hundred twenty  days  where  the  holder  is
     2  convicted  of  a  violation  of  section twelve hundred twenty-five-c or
     3  section twelve hundred twenty-five-d of this chapter when such violation
     4  was committed while such holder had a probationary license,  as  defined
     5  in subdivision four of section five hundred one of this title.
     6    (xvii)  for  a  period  of one hundred twenty days where the holder is
     7  convicted of a violation of  section  twelve  hundred  twenty-five-c  or

     8  section twelve hundred twenty-five-d of this chapter when such violation
     9  was committed while such holder had a class DJ or MJ learner's permit or
    10  a class DJ or MJ license.
    11    §  3.  Subdivision  6 of section 510 of the vehicle and traffic law is
    12  amended by adding a new paragraph n to read as follows:
    13    n. Notwithstanding the provisions of paragraph a of this  subdivision,
    14  subdivision  two  of section five hundred ten-b of this article or para-
    15  graph (b) of subdivision one of section five hundred ten-c of this arti-
    16  cle, where revocation is mandatory pursuant  to  subparagraph  (xii)  or
    17  subparagraph  (xiii)  of paragraph a of subdivision two of this section,
    18  no new license shall be issued for at least  one  year,  nor  thereafter

    19  except in the discretion of the commissioner.
    20    § 4. Subdivisions 1, 2 and 3 of section 510-b of the vehicle and traf-
    21  fic  law,  subdivision  1  as amended by chapter 91 of the laws of 2013,
    22  subdivisions 2 and 3 as amended by chapter 403 of the laws of 2009,  are
    23  amended to read as follows:
    24    1.  A  license,  other  than  a class DJ or class MJ license, shall be
    25  suspended, for a period of sixty days, (i) upon the first conviction  of
    26  the  licensee  of  a violation, committed during the probationary period
    27  provided for in subdivision four of section five  hundred  one  of  this
    28  title,  of  any  provision of section eleven hundred twenty-nine of this
    29  chapter, section eleven hundred eighty of this chapter or any  ordinance
    30  or  regulation  limiting  the  speed  of motor vehicles and motorcycles,
    31  section eleven hundred eighty-two of this chapter,  subdivision  one  of

    32  section  eleven  hundred ninety-two of this chapter[,] or section twelve
    33  hundred twelve of this chapter[, section twelve hundred twenty-five-c of
    34  this chapter or section twelve hundred twenty-five-d of  this  chapter];
    35  or  (ii)  upon  the  second  conviction  of the licensee of a violation,
    36  committed  during  the  aforesaid  probationary  period,  of  any  other
    37  provision of this chapter or of any other law, ordinance, order, rule or
    38  regulation relating to traffic.
    39    2.  A  license,  other than a class DJ or class MJ license, considered
    40  probationary pursuant to subdivision three  of  this  section  shall  be
    41  revoked upon the conviction of the licensee of a violation or violations
    42  committed  within  six  months  following the restoration or issuance of
    43  such license, which  conviction  or  convictions  would  result  in  the

    44  suspension of a probationary license pursuant to subdivision one of this
    45  section  or  subparagraph  (xvi)  of  paragraph  b of subdivision two of
    46  section five hundred ten of this article.
    47    3. Any license, other than a class DJ or class MJ  license,  which  is
    48  restored  or  issued  to  a  person  who  has had his last valid license
    49  suspended or revoked pursuant to the provisions of this section  or  the
    50  provisions of subparagraph (xii) of paragraph a or subparagraph (xvi) of
    51  paragraph b of subdivision two of section five hundred ten of this arti-
    52  cle  shall be considered probationary until the expiration of six months
    53  following the date of restoration or issuance thereof.
    54    § 5. Subdivision 2 of section 510-c of the vehicle and traffic law, as

    55  amended by chapter 91 of the laws of 2013, is amended and a new subdivi-
    56  sion 3 is added to read as follows:

        S. 6355--D                          7                         A. 8555--D
 
     1    2. For purposes of this section, the term "serious traffic  violation"
     2  shall  mean operating a motor vehicle in violation of any of the follow-
     3  ing provisions of this chapter:  articles  twenty-five  and  twenty-six;
     4  subdivision  one  of  section  six  hundred;  section  six  hundred one;
     5  sections  eleven  hundred eleven, eleven hundred seventy, eleven hundred
     6  seventy-two and eleven hundred seventy-four; subdivisions (a), (b), (c),
     7  (d) and  (f)  of  section  eleven  hundred  eighty,  provided  that  the
     8  violation  involved  ten  or  more  miles  per hour over the established
     9  limit; section eleven hundred eighty-two; subdivision three-a of section

    10  twelve hundred twenty-nine-c for  violations  involving  use  of  safety
    11  belts  or  seats  by  a  child  under the age of sixteen; and [sections]
    12  section twelve hundred twelve[, twelve hundred twenty-five-c and  twelve
    13  hundred twenty-five-d] of this chapter.
    14    3.  Any  suspension  or revocation required for a violation of section
    15  twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
    16  this  chapter shall be subject to the provisions of subdivisions two and
    17  six of section five hundred ten of this article.
    18    § 6. Subdivision 4 of section 1225-c of the vehicle and  traffic  law,
    19  as  amended by section 1 of part C of chapter 55 of the laws of 2013, is
    20  amended to read as follows:
    21    4. A violation of subdivision two of this section shall be  a  traffic

    22  infraction  and  shall  be  punishable  by a fine of not less than fifty
    23  dollars nor more than [one  hundred  fifty]  two  hundred  dollars  upon
    24  conviction  of a first violation; upon conviction of a second violation,
    25  both of which were committed within a period of  eighteen  months,  such
    26  violation shall be punished by a fine of not less than fifty dollars nor
    27  more  than  two  hundred  fifty  dollars;  upon conviction of a third or
    28  subsequent violation, all of which were committed  within  a  period  of
    29  eighteen  months, such violation shall be punished by a fine of not less
    30  than fifty dollars nor more than four hundred fifty dollars.
    31    § 7. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
    32  as  amended by section 2 of part C of chapter 55 of the laws of 2013, is
    33  amended to read as follows:

    34    6. A violation of this section shall be a traffic infraction and shall
    35  be punishable by a fine of not less than fifty  dollars  nor  more  than
    36  [one  hundred  fifty]  two  hundred  dollars  upon conviction of a first
    37  violation; upon conviction of a second violation,  both  of  which  were
    38  committed  within  a  period of eighteen months, such violation shall be
    39  punished by a fine of not less than fifty  dollars  nor  more  than  two
    40  hundred  fifty  dollars;  upon  conviction  of  a  third  or  subsequent
    41  violation, all of which were  committed  within  a  period  of  eighteen
    42  months,  such  violation  shall  be  punished by a fine of not less than
    43  fifty dollars nor more than four hundred fifty dollars.
    44    § 8. This act shall take effect on the first of November next succeed-

    45  ing the date on which it shall have become a  law  and  shall  apply  to
    46  violations committed on and after such date.
 
    47                                   PART C
 
    48    Section  1.  Section  2  of  part H of chapter 503 of the laws of 2009
    49  relating to the disposition  of  monies  recovered  by  county  district
    50  attorneys  before  the filing of an accusatory instrument, as amended by
    51  section 1 of part F of chapter 55 of the laws of  2013,  is  amended  to
    52  read as follows:

        S. 6355--D                          8                         A. 8555--D
 
     1    §  2.  This act shall take effect immediately and shall remain in full
     2  force and effect until March 31, [2014] 2015, when it shall  expire  and
     3  be deemed repealed.
     4    §  2.  This  act  shall take effect immediately and shall be deemed to

     5  have been in full force and effect on and after March 31, 2014.
 
     6                                   PART D
 
     7    Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
     8  law,  as  amended  by  section  1 of part D of chapter 57 of the laws of
     9  2011, is amended to read as follows:
    10    (b) The sum of one million  five  hundred  thousand  dollars  must  be
    11  deposited into the New York state emergency services revolving loan fund
    12  annually;  provided,  however, that such sums shall not be deposited for
    13  state fiscal years two thousand eleven--two thousand twelve  [and],  two
    14  thousand twelve--two thousand thirteen, two thousand fourteen--two thou-
    15  sand fifteen and two thousand fifteen--two thousand sixteen;
    16    § 2. This act shall take effect immediately.
 
    17                                   PART E
 

    18                            Intentionally Omitted
 
    19                                   PART F
 
    20    Section  1. Subdivision 21 of section 103 of the state technology law,
    21  as added by section 4 of part N of chapter 55 of the laws  of  2013,  is
    22  amended and a new subdivision 7-a is added to read as follows:
    23    7-a. To provide technology services via agreements with:
    24    (a)  municipal  corporations, public benefit corporations and district
    25  corporations as defined in section sixty-six of the general construction
    26  law;
    27    (b) political subdivisions as defined in section one  hundred  of  the
    28  general municipal law;
    29    (c) public authorities;
    30    (d) soil and water conservation districts;
    31    (e)  any  unit of the state university and city university of New York

    32  pursuant to and consistent with sections three  hundred  fifty-five  and
    33  sixty-two hundred eighteen of the education law;
    34    21.  Notwithstanding the provisions of section one hundred sixty-three
    35  of the state finance law, section  one  hundred  three  of  the  general
    36  municipal  law,  article  four-C of the economic development law, or any
    37  other provision of law relating to the award of  public  contracts,  any
    38  officer, body, or agency of New York state, public corporation, or other
    39  public  entity  subject to such provisions of law shall be authorized to
    40  enter individually or collectively into contracts with the  not-for-pro-
    41  fit  corporation  that  operates the multi-state information sharing and
    42  analysis center for the provision of services through September  thirti-

    43  eth,  two  thousand [fourteen] fifteen related to cyber security includ-
    44  ing, but not limited to, monitoring, detecting, and responding to  cyber
    45  incidents, and such contracts may be awarded without compliance with the
    46  procedures  relating  to  the  procurement of services set forth in such
    47  provisions of law. Such contracts shall,  however,  be  subject  to  the
    48  comptroller's   existing  authority  to  approve  contracts  where  such
    49  approval is required by section one hundred twelve of the state  finance

        S. 6355--D                          9                         A. 8555--D
 
     1  law or otherwise. Such officers, bodies, or agencies may pay the fees or
     2  other  amounts specified in such contracts in consideration of the cyber
     3  security services to be rendered pursuant to such contracts.

     4    §  2. Section 99-r of the general municipal law, as amended by section
     5  1 of subpart B of part C of chapter 97 of the laws of 2011,  is  amended
     6  to read as follows:
     7    §  99-r.  Contracts for services. Notwithstanding any other provisions
     8  of law to the contrary, the governing board of any municipal corporation
     9  may enter into agreements and/or contracts with any state agency includ-
    10  ing any department, board, bureau, commission, division,  office,  coun-
    11  cil, committee, or officer of the state, whether permanent or temporary,
    12  or a public benefit corporation or public authority, or a soil and water
    13  conservation district, and any unit of the state university of New York,
    14  pursuant  to  and  consistent with sections three hundred fifty-five and
    15  sixty-three hundred one of the education  law  within  or  without  such

    16  municipal corporation to provide or receive fuel, equipment, maintenance
    17  and  repair,  supplies,  water  supply,  street sweeping or maintenance,
    18  sidewalk maintenance, right-of-way maintenance, storm  water  and  other
    19  drainage,  sewage disposal, landscaping, mowing, technology services, or
    20  any other services of government. Such  state  agency,  soil  and  water
    21  conservation  district,  or  unit  of  the state university of New York,
    22  within the limits of any specific statutory appropriation authorized and
    23  made available therefor by the legislature  or  by  the  governing  body
    24  responsible  for  the  operation  of  such  state agency, soil and water
    25  conservation district, or unit of the state university of New  York  may
    26  contract  with  any  municipal  corporation  for such services as herein
    27  provided and may provide, in agreements and/or  contracts  entered  into

    28  pursuant  to  this  section, for the reciprocal provision of services or
    29  other consideration of approximately equivalent  value,  including,  but
    30  not  limited  to,  routine and/or emergency services, monies, equipment,
    31  buildings and facilities, materials or a commitment  to  provide  future
    32  routine  and/or  emergency  services,  monies,  equipment, buildings and
    33  facilities or materials. Any such contract may be entered into by direct
    34  negotiations and shall not be subject to the provisions of  section  one
    35  hundred three of this chapter.
    36    §  3.  (a)  Notwithstanding  any provision of law to the contrary, any
    37  person employed in the exempt class positions of employee program  asso-
    38  ciate,  employee program assistant, confidential stenographer, or confi-
    39  dential assistant by the governor's office of  employee  relations,  and

    40  any  person  employed  in the exempt class positions of employee program
    41  associate or employee program assistant by the labor management  commit-
    42  tee, and any person employed in the exempt class positions of manager of
    43  information  services  or information technology specialist by the joint
    44  commission on public ethics immediately prior to  being  transferred  to
    45  the  office of information technology services pursuant to subdivision 2
    46  of section 70 of the civil service law, and who, immediately prior ther-
    47  eto was performing information technology functions, shall  be  entitled
    48  to  permanent  appointment  in  similar  or  corresponding titles in the
    49  appropriate jurisdictional classification as determined by  the  depart-
    50  ment  of  civil  service, and shall be given conforming class rights and
    51  status. For those titles determined to be in the competitive class, such

    52  employees shall hold such positions in the office of  information  tech-
    53  nology  services  without  further  examination. No such employee trans-
    54  ferred to the office of information technology services shall be subject
    55  to a new probationary term, provided,  however,  that  any  employee  in
    56  probationary  status  at  the  time of the transfer shall be required to

        S. 6355--D                         10                         A. 8555--D
 
     1  complete that probationary term at the office of information  technology
     2  services  under  the same terms and conditions as were applicable to him
     3  or her while employed at the governor's office  of  employee  relations,
     4  the labor management committee or the joint commission on public ethics.
     5    (b)  No  employee  whose  position  is  re-classified pursuant to this

     6  section or section four or five of this act shall suffer a reduction  in
     7  basic salary as a result of such re-classification and shall continue to
     8  receive,  at  a  minimum,  the  salary that such employee received while
     9  employed by the governor's  office  of  employee  relations,  the  labor
    10  management committee or the joint commission on public ethics.
    11    (c)  Any  employees  whose positions are reclassified pursuant to this
    12  section or section four or five of this act shall have seniority  rights
    13  on the basis of initial appointment to state service.
    14    §  4.  Notwithstanding any provision of law to the contrary, the civil
    15  service department may re-classify any person employed in  a  permanent,
    16  classified,  competitive position immediately prior to being transferred
    17  to the office of information technology services pursuant to subdivision

    18  2 of section 70 of the civil service law to align with  the  duties  and
    19  responsibilities  of  their positions upon transfer. Permanent employees
    20  whose positions are subsequently reclassified to align with  the  duties
    21  and  responsibilities  of  their positions upon being transferred to the
    22  office of information technology services pursuant to subdivision  2  of
    23  section  70  of  the civil service law shall hold such positions without
    24  further  examination  or  qualification.   Notwithstanding   any   other
    25  provision  of this act, the names of those competitive permanent employ-
    26  ees on promotion eligible lists in their  former  agency  or  department
    27  shall  be  added  and interfiled on a promotion eligible list in the new
    28  department, as the state civil service department deems appropriate.
    29    § 5. Notwithstanding any provision of law to the contrary,  the  civil

    30  service  department  may  re-classify  any person employed in the exempt
    31  class positions of employee program associate, employee program  assist-
    32  ant,  confidential stenographer, or confidential assistant by the gover-
    33  nor's office of employee relations,  and  any  person  employed  in  the
    34  exempt class positions of employee program associate or employee program
    35  assistant  by the labor management committee, and any person employed in
    36  the exempt class positions of manager of information services or  infor-
    37  mation  technology  specialist by the joint commission on public ethics,
    38  immediately prior to being transferred  to  the  office  of  information
    39  technology services pursuant to subdivision 2 of section 70 of the civil
    40  service law to align with the duties and responsibilities of their posi-
    41  tions  upon  transfer.    Permanent employees whose positions are subse-

    42  quently re-classified to align with the duties and  responsibilities  of
    43  their  positions  upon  being  transferred  to the office of information
    44  technology services pursuant to subdivision 2 of section 70 of the civil
    45  service law shall hold such positions  without  further  examination  or
    46  qualification.
    47    § 6. This act shall take effect immediately.
 
    48                                   PART G
 
    49    Section  1. Section 3 of chapter 410 of the laws of 2009, amending the
    50  state finance law relating to authorizing  the  aggregate  purchases  of
    51  energy  for  state  agencies,  institutions,  local  governments, public
    52  authorities and public benefit corporations, as amended by chapter 68 of
    53  the laws of 2011, is amended to read as follows:

        S. 6355--D                         11                         A. 8555--D
 

     1    § 3. This act shall take effect immediately and shall  expire  and  be
     2  deemed repealed July 31, [2015] 2019.
     3    §  2.  Section  9  of subpart A of part C of chapter 97 of the laws of
     4  2011, amending the state finance law and other laws relating to  provid-
     5  ing  certain centralized service to political subdivisions and extending
     6  the authority of the  commissioner  of  general  services  to  aggregate
     7  purchases  of  energy  for state agencies and political subdivisions, is
     8  amended to read as follows:
     9    § 9. This act shall take effect immediately, provided, however that:
    10    1. sections one, four, five, six and seven of this  act  shall  expire
    11  and be deemed repealed [3 years after they shall have become a law] July
    12  31, 2019;
    13    2.  the  amendments  to  subdivision  4  of  section 97-g of the state

    14  finance law made by section two of this act shall [not  affect]  survive
    15  the  expiration and reversion of such subdivision as provided in section
    16  3 of chapter 410 of the laws of 2009[, and shall expire  and  be  deemed
    17  repealed therewith], as amended;
    18    3.  sections  four, five, six and seven of this act shall apply to any
    19  contract let or awarded on or after such effective date.
    20    § 3. The public authorities law is amended by  adding  a  new  section
    21  2881 to read as follows:
    22    §  2881.  Purchases from federal general service administration supply
    23  schedules  and  other  governmental  agencies.  1.  Notwithstanding  any
    24  provision  of law in this chapter to the contrary, any officer, board or

    25  agency of a local authority authorized to make purchases  of  apparatus,
    26  materials, equipment or supplies, or to contract for services related to
    27  the  installation, maintenance or repair of apparatus, materials, equip-
    28  ment, and supplies, may make such purchases, or may  contract  for  such
    29  services  related  to the installation, maintenance or repair of appara-
    30  tus, materials, equipment, and supplies, as  may  be  required  by  such
    31  local  authority, through the use of a contract let by the United States
    32  of America or any agency thereof,  any  state  or  any  other  political
    33  subdivision  or  district therein if such contract was let to the lowest
    34  responsible bidder or otherwise in a manner consistent with this chapter

    35  and made available for use by other governmental entities.
    36    2. The authority provided  to  a  local  authority  pursuant  to  this
    37  section  shall  not  relieve  any  obligation of such local authority to
    38  comply with any applicable minority and women-owned business  enterprise
    39  program  mandates  and  the preferred source requirements of section one
    40  hundred sixty-two of the state finance law.
    41    3. Purchases from federal general service administration supply sched-
    42  ules. Any officer, board  or  agency  of  a  local  authority  may  make
    43  purchases  from  federal general service administration supply schedules
    44  pursuant to section 211 of the federal e-government act  of  2002,  P.L.

    45  107-347  and  the  local preparedness acquisition act, P.L. 110-248, and
    46  pursuant to section 1122 of the national defense authorization  act  for
    47  fiscal  year  1994,  P.L.  103-160  and  section  833 of the John Warner
    48  national defense authorization act for fiscal year 2007,  P.L.  109-364,
    49  and  the federal supply schedule usage act of 2010, P.L. 111-263, or any
    50  successor  schedules,  in  accordance  with  procedures  established  in
    51  connection  therewith. Prior to making such purchases the officer, board
    52  or agency shall consider whether such  purchases  will  result  in  cost
    53  savings  after all factors, including charges for service, material, and
    54  delivery, have been considered.

    55    4. As used in this section, "local authority" shall  include  a  local
    56  authority  established  pursuant to this chapter but shall not include a

        S. 6355--D                         12                         A. 8555--D
 
     1  local industrial development  authority  established  pursuant  to  this
     2  chapter.
     3    §  4. The office of general services shall submit to the governor, the
     4  temporary president of the senate, and the speaker  of  the  assembly  a
     5  report on the aggregate electric procurement program by January 1, 2019.
     6  The  report shall include, but not be limited to, agencies participating
     7  in the electric procurement program, the  addresses  of  the  facilities
     8  receiving  electricity  from  such  program and each facility's electric

     9  usage, and cost savings for each month of participation in such  program
    10  as  compared  to  the  electricity cost if purchased from the facility's
    11  local utility.
    12    § 5. Section 2 of chapter 308 of the laws of 2012 amending the general
    13  municipal law relating to providing local governments  greater  contract
    14  flexibility  and  cost  savings  by permitting certain shared purchasing
    15  among political subdivisions, is amended to read as follows:
    16    § 2. This act shall take effect immediately, and shall expire  and  be
    17  deemed repealed [five years after such date] July 31, 2019.
    18    §  6.  This  act  shall take effect immediately and shall be deemed to
    19  have been in full force and effect on and after April 1, 2014  provided,
    20  however,  that  section  three  of  this  act shall expire and be deemed
    21  repealed July 31, 2019.
 

    22                                   PART H
 
    23    Section 1. This act enacts into law components  of  legislation  which
    24  are necessary to implement the provisions relating to the prosecution of
    25  misconduct  by  public  officials.    Each component is wholly contained
    26  within a Subpart identified as Subparts A through D. The effective  date
    27  for each particular provision contained within such Subpart is set forth
    28  in  the  last  section  of  such  Subpart.  Any provision in any section
    29  contained within a Subpart, including the effective date of the Subpart,
    30  which makes a reference to  a  section  "of  this  act",  when  used  in
    31  connection  with  that particular component, shall be deemed to mean and
    32  refer to the corresponding section of the Subpart in which it is  found.
    33  Section  three of this act sets forth the general effective date of this
    34  act.
 

    35                                  SUBPART A
 
    36    Section 1. This act shall be known and may be  cited  as  the  "Public
    37  Trust Act".
    38    §  2.  Paragraph (b) of subdivision 3 of section 30.10 of the criminal
    39  procedure law is amended to read as follows:
    40    (b) A prosecution for  any  offense  involving  misconduct  in  public
    41  office  by  a  public  servant including, without limitation, an offense
    42  defined in article four hundred ninety-six of  the  penal  law,  may  be
    43  commenced  against  a  public  servant,  or  any  other person acting in
    44  concert with such public servant at any time  during  [the  defendant's]
    45  such  public servant's service in such office or within five years after
    46  the termination of such service; provided  however,  that  in  no  event

    47  shall  the  period  of  limitation  be  extended by more than five years
    48  beyond the period otherwise applicable under  subdivision  two  of  this
    49  section.
    50    § 3. Intentionally omitted.
    51    § 4. Intentionally omitted.
    52    § 5. Intentionally omitted.

        S. 6355--D                         13                         A. 8555--D
 
     1    § 6. Intentionally omitted.
     2    § 7. Intentionally omitted.
     3    § 7-a. Intentionally omitted.
     4    § 8. Section 110.05 of the penal law, as amended by chapter 276 of the
     5  laws  of  1973,  subdivision  1  as amended by chapter 93 of the laws of
     6  2006, subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by chapter  410  of
     7  the laws of 1979, is amended to read as follows:
     8  § 110.05 Attempt to commit a crime; punishment.
     9    An attempt to commit a crime is a:

    10    1.  Class  A-I  felony  when  the crime attempted is the A-I felony of
    11  murder in the first degree, aggravated murder as defined in  subdivision
    12  one  of  section  125.26  of  this  chapter,  criminal  possession  of a
    13  controlled substance in the first degree, criminal sale of a  controlled
    14  substance  in  the  first  degree,  criminal possession of a chemical or
    15  biological weapon in the first degree or criminal use of a  chemical  or
    16  biological weapon in the first degree;
    17    2. Class A-II felony when the crime attempted is a class A-II felony;
    18    3.  Class  B  felony  when  the  crime attempted is a class A-I felony
    19  except as provided in subdivision one hereof;
    20    4. Class C felony when the crime attempted is a class B felony;
    21    5. Class D felony when the crime attempted is a class C felony;
    22    6. Class E felony when the crime attempted is a class D felony;

    23    7. Class A misdemeanor when the crime attempted is a class E felony;
    24    8. Class B misdemeanor when the crime attempted is a misdemeanor;
    25    9. Class D felony when the crime attempted is  bribery  in  the  third
    26  degree  as  defined  in section 200.00 of this chapter, a class C felony
    27  when the crime attempted is bribery in the second degree as  defined  in
    28  section  200.03  of  this  chapter  and  a class B felony when the crime
    29  attempted is bribery in the first degree as defined in  subdivision  two
    30  of section 200.04 of this chapter.
    31    §  9. Subdivision 8 of section 700.05 of the criminal procedure law is
    32  amended by adding a new paragraph (u) to read as follows:
    33    (u) Any felony defined in article four hundred ninety-six of the penal
    34  law.

    35    § 10. Paragraph (f) of subdivision 8 of section 700.05 of the criminal
    36  procedure law, as amended by chapter 154 of the laws of 1990, is amended
    37  to read as follows:
    38    (f) Bribery in the third degree, bribery in the second degree, bribery
    39  in the first degree, bribe receiving in the third degree, bribe  receiv-
    40  ing  in  the  second  degree, bribe receiving in the first degree, bribe
    41  giving for public office [and], bribe receiving for  public  office  and
    42  corrupt  use of position or authority, as defined in article two hundred
    43  of the penal law;
    44    § 10-a. Intentionally omitted.
    45    § 11. Intentionally omitted.
    46    § 12. Intentionally omitted.
    47    § 13. Intentionally omitted.
    48    § 14. Part 4 of the penal law is amended by adding a new title Y-2  to
    49  read as follows:

    50                                  TITLE Y-2
    51                          CORRUPTING THE GOVERNMENT
 
    52                                 ARTICLE 496
    53                          CORRUPTING THE GOVERNMENT
 
    54  Section 496.01 Definitions.

        S. 6355--D                         14                         A. 8555--D
 
     1          496.02 Corrupting the government in the fourth degree.
     2          496.03 Corrupting the government in the third degree.
     3          496.04 Corrupting the government in the second degree.
     4          496.05 Corrupting the government in the first degree.
     5          496.06 Public corruption.
     6          496.07 Sentencing.
     7  § 496.01 Definitions.

     8    For  the  purposes  of this article, "scheme" means any plan, pattern,
     9  device, contrivance, or course of action.
    10  § 496.02 Corrupting the government in the fourth degree.
    11    A person is guilty of corrupting the government in the  fourth  degree
    12  when,  being  a public servant, or acting in concert with a public serv-
    13  ant, he or she engages in a scheme  constituting  a  systematic  ongoing
    14  course  of conduct with intent to defraud the state or one or more poli-
    15  tical subdivisions of the state or one or more  governmental  instrumen-
    16  talities  within  the state to obtain property, actual services or other
    17  resources, or obtain property, actual services or other  resources  from

    18  the  state, or any political subdivision or governmental instrumentality
    19  of the state by false or fraudulent pretenses, representations or  prom-
    20  ises,  and  thereby wrongfully obtains such property, actual services or
    21  other resources.
    22    Corrupting the government in the fourth degree is a class E felony.
    23  § 496.03 Corrupting the government in the third degree.
    24    A person is guilty of corrupting the government in  the  third  degree
    25  when,  being  a public servant, or acting in concert with a public serv-
    26  ant, he or she engages in a scheme  constituting  a  systematic  ongoing
    27  course  of conduct with intent to defraud the state or one or more poli-
    28  tical subdivisions of the state or one or more  governmental  instrumen-

    29  talities  within  the state to obtain property, actual services or other
    30  resources, or obtain property, actual services or other  resources  from
    31  the  state, or any political subdivision or governmental instrumentality
    32  of the state by false or fraudulent pretenses, representations or  prom-
    33  ises,  and  thereby wrongfully obtains such property, actual services or
    34  other resources with a value in excess of one thousand dollars.
    35    Corrupting the government in the third degree is a class D felony.
    36  § 496.04 Corrupting the government in the second degree.
    37    A person is guilty of corrupting the government in the  second  degree
    38  when,  being  a public servant, or acting in concert with a public serv-

    39  ant, he or she engages in a scheme  constituting  a  systematic  ongoing
    40  course  of conduct with intent to defraud the state or one or more poli-
    41  tical subdivisions of the state or one or more  governmental  instrumen-
    42  talities  within  the state to obtain property, actual services or other
    43  resources, or obtain property, actual services or other  resources  from
    44  the  state, or any political subdivision or governmental instrumentality
    45  of the state by false or fraudulent pretenses, representations or  prom-
    46  ises,  and  thereby wrongfully obtains such property, actual services or
    47  other resources with a value in excess of twenty thousand dollars.
    48    Corrupting the government in the second degree is a class C felony.

    49  § 496.05 Corrupting the government in the first degree.
    50    A person is guilty of corrupting the government in  the  first  degree
    51  when,  being  a public servant, or acting in concert with a public serv-
    52  ant, he or she engages in a scheme  constituting  a  systematic  ongoing
    53  course  of conduct with intent to defraud the state or one or more poli-
    54  tical subdivisions of the state or one or more  governmental  instrumen-
    55  talities  within  the state to obtain property, actual services or other
    56  resources, or to obtain property, actual  services  or  other  resources

        S. 6355--D                         15                         A. 8555--D
 
     1  from  the state, or any political subdivision or governmental instrumen-

     2  tality of the state by false or fraudulent pretenses, representations or
     3  promises, and thereby wrongfully obtains such property, actual  services
     4  or  other  resources  with  a  value  in  excess of one hundred thousand
     5  dollars.
     6    Corrupting the government in the first degree is a class B felony.
     7  § 496.06 Public corruption.
     8    1.  A person commits the crime of  public  corruption  when:  (a)  (i)
     9  being a public servant he or she commits a specified offense through the
    10  use  of  his  or  her  public  office,  or (ii) being a person acting in
    11  concert with such public servant he or she commits a specified  offense,
    12  and  (b)  the  state or any political subdivision thereof or any govern-

    13  mental instrumentality within the state is the owner of the property.
    14    2. A "specified offense" is an offense defined by any of the following
    15  provisions of this chapter:   section 155.25  (petit  larceny);  section
    16  155.30  (grand  larceny  in  the  fourth  degree); section 155.35 (grand
    17  larceny in the third degree);  section  155.40  (grand  larceny  in  the
    18  second  degree);  section  155.42  (grand  larceny in the first degree);
    19  section 190.60 (scheme to defraud in  the  second  degree);  or  section
    20  190.65 (scheme to defraud in the first degree).
    21  § 496.07 Sentencing.
    22    When  a person is convicted of the crime of public corruption pursuant
    23  to section 496.06 of this article and the specified offense is  a  class

    24  C,  D  or  E felony, the crime shall be deemed to be one category higher
    25  than the specified offense the  defendant  committed,  or  one  category
    26  higher  than  the offense level applicable to the defendant's conviction
    27  for an attempt or conspiracy to commit a specified offense, whichever is
    28  applicable.
    29    § 15. Subdivision 4 of section 200.50 of the criminal  procedure  law,
    30  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    31  follows:
    32    4. A statement in each count that the grand jury, or, where the  accu-
    33  satory  instrument  is a superior court information, the district attor-
    34  ney, accuses the  defendant  or  defendants  of  a  designated  offense,
    35  provided  that in any prosecution under article four hundred eighty-five

    36  of the penal law, the designated offense shall be the specified offense,
    37  as defined in subdivision three of section  485.05  of  the  penal  law,
    38  followed  by  the phrase "as a hate crime", and provided further that in
    39  any prosecution under section 490.25 of the penal  law,  the  designated
    40  offense  shall be the specified offense, as defined in subdivision three
    41  of section 490.05 of the penal law, followed by the phrase "as  a  crime
    42  of  terrorism";  and  provided  further  that  in  any prosecution under
    43  section 130.91 of the penal law, the designated  offense  shall  be  the
    44  specified  offense,  as  defined in subdivision two of section 130.91 of
    45  the penal law, followed by the phrase "as a sexually motivated  felony";
    46  and provided further that in any prosecution under section 496.06 of the

    47  penal  law,  the  designated  offense shall be the specified offense, as
    48  defined in subdivision two of such section, followed by the phrase "as a
    49  public corruption crime"; and
    50    § 16. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
    51  law,  as  amended by chapter 405 of the laws of 2010, is amended to read
    52  as follows:
    53    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
    54  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    55  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
    56  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and

        S. 6355--D                         16                         A. 8555--D
 
     1  135.25 relating to kidnapping; section 135.35 relating  to  labor  traf-

     2  ficking;  section  135.65  relating to coercion; sections 140.20, 140.25
     3  and 140.30 relating to burglary;  sections  145.05,  145.10  and  145.12
     4  relating  to  criminal  mischief;  article one hundred fifty relating to
     5  arson; sections 155.30, 155.35, 155.40  and  155.42  relating  to  grand
     6  larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
     7  care fraud; article one hundred  sixty  relating  to  robbery;  sections
     8  165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
     9  stolen property; sections 165.72 and 165.73 relating to trademark  coun-
    10  terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
    11  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
    12  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    13  176.30  relating to insurance fraud; sections 178.20 and 178.25 relating

    14  to criminal diversion of  prescription  medications  and  prescriptions;
    15  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    16  200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
    17  215.00, 215.05  and  215.19  [relating  to  bribery];  sections  187.10,
    18  187.15,  187.20  and  187.25  relating  to  residential  mortgage fraud,
    19  sections 190.40 and 190.42 relating to criminal  usury;  section  190.65
    20  relating  to  schemes  to  defraud;  any  felony defined in article four
    21  hundred ninety-six; sections 205.60 and  205.65  relating  to  hindering
    22  prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and
    23  contempt;  section  215.40 relating to tampering with physical evidence;
    24  sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,

    25  220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled
    26  substances; sections 225.10 and 225.20 relating  to  gambling;  sections
    27  230.25,  230.30,  and 230.32 relating to promoting prostitution; section
    28  230.34 relating to sex trafficking; sections 235.06, 235.07, 235.21  and
    29  235.22  relating  to  obscenity;  sections 263.10 and 263.15 relating to
    30  promoting a sexual performance by  a  child;  sections  265.02,  265.03,
    31  265.04,  265.11,  265.12,  265.13  and  the provisions of section 265.10
    32  which constitute a felony relating to firearms and other dangerous weap-
    33  ons; [and] sections 265.14 and 265.16 relating to  criminal  sale  of  a
    34  firearm;  [and]  section  275.10,  275.20, 275.30, or 275.40 relating to
    35  unauthorized recordings; and sections 470.05, 470.10, 470.15 and  470.20
    36  relating to money laundering; or

    37    § 17. Intentionally omitted.
    38    §  18.  Section  200.03 of the penal law, as amended by chapter 833 of
    39  the laws of 1986, is amended to read as follows:
    40  § 200.03 Bribery in the second degree.
    41    A person is guilty of bribery in the second degree when he confers, or
    42  offers or agrees to confer, any benefit valued in excess of  [ten]  five
    43  thousand  dollars upon a public servant upon an agreement or understand-
    44  ing that such public servant's vote, opinion, judgment, action, decision
    45  or exercise of discretion as a public servant  will  thereby  be  influ-
    46  enced.
    47    Bribery in the second degree is a class C felony.
    48    §  19. Section 200.04 of the penal law, as added by chapter 276 of the
    49  laws of 1973, is amended to read as follows:
    50  § 200.04 Bribery in the first degree.

    51    A person is guilty of bribery in the first degree when [he] the person
    52  confers, or offers or agrees to confer[,]: (1) any benefit upon a public
    53  servant upon an agreement or understanding that  such  public  servant's
    54  vote, opinion, judgment, action, decision or exercise of discretion as a
    55  public  servant will thereby be influenced in the investigation, arrest,
    56  detention, prosecution or incarceration of any person for the commission

        S. 6355--D                         17                         A. 8555--D
 
     1  or alleged commission of a class A felony defined in article two hundred
     2  twenty of [the penal law] this part or an attempt  to  commit  any  such
     3  class A felony; or (2) any benefit valued in excess of one hundred thou-

     4  sand  dollars  upon  a public servant upon an agreement or understanding
     5  that such public servant's vote, opinion, judgment, action, decision  or
     6  exercise of discretion as a public servant will thereby be influenced.
     7    Bribery in the first degree is a class B felony.
     8    § 20. Intentionally omitted.
     9    §  21.  Section  200.10 of the penal law, as amended by chapter 833 of
    10  the laws of 1986, is amended to read as follows:
    11  § 200.10 Bribe receiving in the third degree.
    12    A public servant is guilty of bribe receiving in the third degree when
    13  he or she solicits, accepts or agrees to accept any benefit from another
    14  person upon an agreement or understanding that his or her vote, opinion,
    15  judgment, action, decision or exercise of discretion as a public servant
    16  will thereby be influenced.

    17    Bribe receiving in the third degree is a class D felony.
    18    § 22. Section 200.11 of the penal law, as added by chapter 833 of  the
    19  laws of 1986, is amended to read as follows:
    20  § 200.11 Bribe receiving in the second degree.
    21    A  public  servant  is  guilty of bribe receiving in the second degree
    22  when he or she solicits, accepts or agrees to accept any benefit  valued
    23  in  excess  of  [ten]  five thousand dollars from another person upon an
    24  agreement or understanding that his  or  her  vote,  opinion,  judgment,
    25  action,  decision  or  exercise  of  discretion as a public servant will
    26  thereby be influenced.
    27    Bribe receiving in the second degree is a class C felony.
    28    § 23. Section 200.12 of the penal law, as added by chapter 276 of  the
    29  laws of 1973, is amended to read as follows:

    30  § 200.12 Bribe receiving in the first degree.
    31    A public servant is guilty of bribe receiving in the first degree when
    32  he  or  she  solicits, accepts or agrees to accept: (a) any benefit from
    33  another person upon an agreement or understanding that his or her  vote,
    34  opinion,  judgment,  action,  decision  or  exercise  of discretion as a
    35  public servant will thereby be influenced in the investigation,  arrest,
    36  detention, prosecution or incarceration of any person for the commission
    37  or alleged commission of a class A felony defined in article two hundred
    38  twenty  of  [the  penal  law] this part or an attempt to commit any such
    39  class A felony; or (b) any benefit valued in excess of one hundred thou-
    40  sand dollars from another person upon an agreement or understanding that

    41  such public servant's vote, opinion, judgment, action, decision or exer-
    42  cise of discretion as a public servant will thereby be influenced.
    43    Bribe receiving in the first degree is a class B felony.
    44    § 24. Intentionally omitted.
    45    § 25. Intentionally omitted.
    46    § 25-a. Section 17-158 of the election law is REPEALED.
    47    § 26. The penal law is amended by adding a new section 200.56 to  read
    48  as follows:
    49  § 200.56 Corrupt use of position or authority.
    50    A  person  is  guilty  of corrupt use of position or authority if such
    51  person:
    52    1. While holding public office, or being nominated or seeking a  nomi-
    53  nation  therefor,  corruptly uses or promises to use, directly, or indi-
    54  rectly, any official authority or influence possessed or anticipated, in

    55  the way of conferring upon any person, or in order to secure, or aid any
    56  person in securing, any office or public employment, or any  nomination,

        S. 6355--D                         18                         A. 8555--D
 
     1  confirmation,  promotion  or increase of salary, upon consideration that
     2  the vote or political influence or action of the person so to  be  bene-
     3  fited  or  of  any other person, shall be given or used in behalf of any
     4  candidate,  officer  or  party  or  upon  any other corrupt condition or
     5  consideration; or
     6    2. Being a public officer or employee of  the  state  or  a  political
     7  subdivision  having,  or  claiming  to  have, any authority or influence

     8  affecting the nomination, public  employment,  confirmation,  promotion,
     9  removal  or  increase  or  decrease  of  salary of any public officer or
    10  employee, corruptly promises or threatens to use any such  authority  or
    11  influence, directly or indirectly to affect the vote or political action
    12  of  any  such  public  officer or employee, or on account of the vote or
    13  political action of such officer or employee; or
    14    3. Corruptly makes, tenders or offers to procure,  or cause any  nomi-
    15  nation  or  appointment  for  any  public office or place, or accepts or
    16  requests any  such  nomination  or  appointment,  upon  the  payment  or
    17  contribution  of any valuable consideration, or upon an understanding or
    18  promise thereof; or

    19    4. Corruptly makes any gift, promise or contribution  to  any  person,
    20  upon  the  condition  or  consideration  of  receiving an appointment or
    21  election to a public office or a position of public employment,  or  for
    22  receiving or retaining any such office or position, or promotion, privi-
    23  lege,  increase  of  salary  or  compensation therein, or exemption from
    24  removal or discharge therefrom.
    25    Corrupt use of position or authority is a class E felony.
    26    § 27. Subdivision 1 of section 80.00 of the penal law, as  amended  by
    27  chapter 338 of the laws of 1989, is amended to read as follows:
    28    1. A sentence to pay a fine for a felony shall be a sentence to pay an
    29  amount, fixed by the court, not exceeding the higher of
    30    a. five thousand dollars; or

    31    b.  double  the  amount of the defendant's gain from the commission of
    32  the crime or, if the defendant is convicted of a crime defined in  arti-
    33  cle  four  hundred  ninety-six  of  this  chapter, any higher amount not
    34  exceeding three times the  amount  of  the  defendant's  gain  from  the
    35  commission of such offense; or
    36    c.  if the conviction is for any felony defined in article two hundred
    37  twenty or two hundred twenty-one  of  this  chapter,  according  to  the
    38  following schedule:
    39    (i) for A-I felonies, one hundred thousand dollars;
    40    (ii) for A-II felonies, fifty thousand dollars;
    41    (iii) for B felonies, thirty thousand dollars;
    42    (iv) for C felonies, fifteen thousand dollars.
    43  When  imposing  a fine pursuant to the provisions of this paragraph, the

    44  court shall consider the profit gained by defendant's  conduct,  whether
    45  the  amount  of  the  fine  is  disproportionate to the conduct in which
    46  defendant engaged, its impact on any victims, and  defendant's  economic
    47  circumstances,  including  the defendant's ability to pay, the effect of
    48  the fine upon his or her immediate family or any other persons  to  whom
    49  the defendant owes an obligation of support.
    50    §  28.  Subdivision  1 of section 80.10 of the penal law is amended to
    51  read as follows:
    52    1. In general. A sentence to pay a fine, when imposed on a corporation
    53  for an offense defined in this chapter or for an offense defined outside
    54  this chapter for which no special corporate fine is specified, shall  be
    55  a sentence to pay an amount, fixed by the court, not exceeding:
    56    (a) Ten thousand dollars, when the conviction is of a felony;


        S. 6355--D                         19                         A. 8555--D
 
     1    (b)  Five thousand dollars, when the conviction is of a class A misde-
     2  meanor or of an unclassified misdemeanor for which a term  of  imprison-
     3  ment in excess of three months is authorized;
     4    (c)  Two  thousand dollars, when the conviction is of a class B misde-
     5  meanor or of an unclassified misdemeanor for which the  authorized  term
     6  of imprisonment is not in excess of three months;
     7    (d) Five hundred dollars, when the conviction is of a violation;
     8    (e)  Any  higher  amount not exceeding double the amount of the corpo-
     9  ration's gain from the commission of the offense or, if the  corporation
    10  is  convicted  of  a crime defined in article four hundred ninety-six of
    11  this chapter, any higher amount not exceeding three times the amount  of

    12  the corporation's gain from the commission of such offense.
    13    §  29. Subdivision (a) of section 1-c of the legislative law, as added
    14  by chapter 2 of the laws of 1999, is amended to read as follows:
    15    (a) The term  "lobbyist"  shall  mean  every  person  or  organization
    16  retained,  employed  or  designated by any client to engage in lobbying.
    17  The term "lobbyist" shall not include any  officer,  director,  trustee,
    18  employee, counsel or agent of the state, or any municipality or subdivi-
    19  sion  thereof of New York when discharging their official duties; except
    20  those officers, directors, trustees, employees, counsels, or  agents  of
    21  colleges, as defined by section two of the education law.
    22    (i) Any individual who stands convicted of a felony defined in article
    23  two  hundred  or  four hundred ninety-six or section 195.20 of the penal

    24  law may not be retained, employed or designated by any client to  engage
    25  in lobbying for compensation.
    26    (ii)  Any  individual who stands convicted of a misdemeanor defined in
    27  article two hundred, article four hundred ninety-six, section 195.00  or
    28  an  attempt to commit a violation of section 195.20 of the penal law may
    29  not be retained, employed or designated  by  any  client  to  engage  in
    30  lobbying  for  compensation  for a period of five years from the date of
    31  conviction, provided that in the event such conviction is the result  of
    32  a plea agreement resulting in a plea to such charge in lieu of a plea or
    33  conviction of a felony defined in section 195.20, article two hundred or

    34  article  four  hundred  ninety-six of the penal law, all parties to such
    35  agreement may agree that the period of such bar may be for a  period  of
    36  up to ten years from the date of conviction.
    37    §  30.  Section  139-a of the state finance law, as amended by chapter
    38  268 of the laws of 1971, is amended to read as follows:
    39    § 139-a. Ground for cancellation of contract by state. A clause  shall
    40  be inserted in all specifications or contracts hereafter made or awarded
    41  by  the  state or any public department, agency or official thereof, for
    42  work or services performed or to be performed, or goods sold  or  to  be
    43  sold,  to  provide  that:  (a) upon the refusal by a person, when called
    44  before a grand jury, head of a state department, temporary state commis-
    45  sion or other state agency, or the organized crime  task  force  in  the

    46  department  of  law,  which  is  empowered  to  compel the attendance of
    47  witnesses and examine them under oath, to testify in  an  investigation,
    48  concerning any transaction or contract had with the state, any political
    49  subdivision  thereof,  a public authority or with any public department,
    50  agency or official of the state or of any political subdivision  thereof
    51  or  of  a  public authority, to sign a waiver of immunity against subse-
    52  quent criminal prosecution or to answer any relevant question concerning
    53  such transaction or contract; or (b) upon the conviction of  any  person
    54  of  a crime defined in article two hundred or four hundred ninety-six or
    55  section 195.20 of the penal law,

        S. 6355--D                         20                         A. 8555--D
 

     1    [(a)] (i) such person, and any firm,  partnership  or  corporation  of
     2  which he is a member, partner, director or officer shall be disqualified
     3  from  thereafter  selling  to  or submitting bids to or receiving awards
     4  from or entering into any contracts with the state or any public depart-
     5  ment,  agency  or  official  thereof, for goods, work or services, for a
     6  period of five years after such refusal, a period of five years  upon  a
     7  conviction  of  a  misdemeanor defined in article two hundred or article
     8  four hundred ninety-six or an attempt to commit a violation  of  section
     9  195.20  of  the penal law, provided that in the event such conviction is
    10  the result of a plea agreement resulting in a plea  to  such  charge  in

    11  lieu  of  a  plea  or  conviction of a felony defined in section 195.20,
    12  article two hundred or article four hundred ninety-six of the penal law,
    13  all parties to such agreement may agree that the period of such bar  may
    14  be  for a period of up to ten years from the date of conviction, or upon
    15  conviction of a felony defined in article two hundred  or  four  hundred
    16  ninety-six  or  section 195.20 of the penal law, for life, any convicted
    17  firm, partnership or corporation is disqualified for its  existence  and
    18  to provide also that
    19    [(b)]  (ii)  any  and  all contracts made with the state or any public
    20  department, agency or official thereof, since the effective date of this
    21  law, by such person, and by any  firm,  partnership  or  corporation  of

    22  which  he  is a member, partner, director or officer may be cancelled or
    23  terminated by the state without incurring  any  penalty  or  damages  on
    24  account of such cancellation or termination, but any monies owing by the
    25  state  for  goods  delivered  or  work done prior to the cancellation or
    26  termination shall be paid.
    27    § 31. Section 139-b of the state finance law, as  amended  by  chapter
    28  268 of the laws of 1971, is amended to read as follows:
    29    §  139-b.  Disqualification to contract with state. 1. Any person who,
    30  when called before a grand jury, head of a state  department,  temporary
    31  state  commission  or  other  state  agency, or the organized crime task
    32  force in the department of law, which is empowered to compel the attend-
    33  ance of witnesses and examine them under oath, to testify in an investi-

    34  gation, concerning any transaction or contract had with the  state,  any
    35  political  subdivision  thereof,  a  public  authority  or with a public
    36  department, agency or official of the state or of any political subdivi-
    37  sion thereof or of a public authority, refuses to sign a waiver of immu-
    38  nity against subsequent criminal prosecution or to answer  any  relevant
    39  question concerning such transaction or contract, and any firm, partner-
    40  ship  or corporation of which [he] any such person is a member, partner,
    41  director or officer shall be disqualified from thereafter selling to  or
    42  submitting  bids  to  or  receiving  awards  from  or  entering into any
    43  contracts with the state or any public department,  agency  or  official
    44  thereof,  for  goods, work or services, for a period of five years after
    45  such refusal or until a disqualification shall be  removed  pursuant  to

    46  the provisions of section one hundred thirty-nine-c of this article.
    47    It  shall  be  the  duty  of  the officer conducting the investigation
    48  before the grand jury, the head of a state  department,  the  [chairman]
    49  chair  of  the  temporary state commission or other state agency, or the
    50  organized crime task force in the department of  law  before  which  the
    51  refusal  occurs  to send notice of such refusal, together with the names
    52  of any firm, partnership or corporation of which the person so  refusing
    53  is  known  to  be  a  member, partner, officer or director, to the state
    54  commissioner of transportation, except in the  event  the  investigation
    55  concerns  a public building transaction or contract said notice shall be
    56  sent to the state commissioner of general services, and the  appropriate


        S. 6355--D                         21                         A. 8555--D
 
     1  departments, agencies and officials of the state, political subdivisions
     2  thereof  or  public authorities with whom the person so refusing and any
     3  firm, partnership or corporation of  which  he  is  a  member,  partner,
     4  director  or  officer,  is  known to have a contract. However, when such
     5  refusal occurs before a body other than a grand jury, notice of  refusal
     6  shall  not  be  sent for a period of ten days after such refusal occurs.
     7  Prior to the expiration of this ten day period, any person, firm,  part-
     8  nership  or  corporation  which has become liable to the cancellation or
     9  termination of a contract or disqualification to contract on account  of
    10  such  refusal may commence a special proceeding at a special term of the
    11  supreme court, held within the judicial district in  which  the  refusal

    12  occurred,  for an order determining whether the questions in response to
    13  which the refusal occurred were relevant and material  to  the  inquiry.
    14  Upon  the commencement of such proceeding, the sending of such notice of
    15  refusal to answer shall be subject to order of the court  in  which  the
    16  proceeding  was  brought  in a manner and on such terms as the court may
    17  deem just. If a proceeding is not brought within  ten  days,  notice  of
    18  refusal shall thereupon be sent as provided herein.
    19    2.  Any person who stands convicted of a felony defined in article two
    20  hundred or four hundred ninety-six or section 195.20 of the  penal  law,
    21  and  any  firm, partnership or corporation that stands convicted of such
    22  crime shall be disqualified from thereafter  selling  to  or  submitting

    23  bids to or receiving awards from or entering into any contracts with the
    24  state  or  any public department, agency or official thereof, for goods,
    25  work or services. In the event a person or firm, partnership  or  corpo-
    26  ration  is  so  convicted,  the  office responsible for prosecuting such
    27  offense shall send notice of such conviction to the  state  commissioner
    28  of general services, and to the office of the state comptroller and such
    29  appropriate  departments, agencies and officials of the state, political
    30  subdivisions thereof or public authorities with whom the person  or  the
    31  firm, partnership or corporation is known to have a contract.
    32    §  31-a. Section 139-c of the state finance law is amended by adding a
    33  new subdivision 1-a to read as follows:

    34    1-a. Any firm, partnership, or corporation which has become subject to
    35  the cancellation or termination of a  contract  or  disqualification  to
    36  contract  on  account  of  conviction  of a crime defined in article two
    37  hundred or four hundred ninety-six or section 195.20 of the  penal  law,
    38  as  provided in sections one hundred thirty-nine-a and one hundred thir-
    39  ty-nine-b of this article, may, upon thirty days' notice to the district
    40  attorney who conducted the action that led to the  conviction,  and  the
    41  office  of  the  state  comptroller  commence  a special proceeding at a
    42  special term of the supreme court held within the judicial  district  in
    43  which  the  conviction  was  obtained  for  an  order discontinuing such

    44  disqualification. The petition shall set forth  the  grounds,  including
    45  that  the firm, partnership, or corporation has taken sufficient actions
    46  to remove from responsibility officers and employees who engaged in  the
    47  actions that formed the basis of the conviction, that the firm, partner-
    48  ship,  or  corporation  has  taken appropriate and sufficient actions to
    49  ensure that the actions that formed the  basis  of  the  conviction  are
    50  unlikely  to  recur,  and  that it will not be in the public interest to
    51  cancel or terminate petitioner's contracts or to continue the  disquali-
    52  fication,  as  provided  in  sections  one hundred thirty-nine-a and one
    53  hundred thirty-nine-b of this article; provided  further,  at  any  time

    54  after  such  cancellation or disqualification any such firm, partnership
    55  or corporation may apply to the supreme court, upon notice  as  provided

        S. 6355--D                         22                         A. 8555--D
 
     1  herein  for an immediate termination of disqualification upon a reversal
     2  of the conviction upon which the debarment was imposed.
     3    §  31-b.  Section  3 of the public officers law is amended by adding a
     4  new subdivision 1-a to read as follows:
     5    1-a. (i) No person shall be capable of  holding  a  civil  office  who
     6  shall stand convicted of a felony defined in article two hundred or four
     7  hundred ninety-six or section 195.20 of the penal law.
     8    (ii)  Any  individual who stands convicted of a misdemeanor defined in

     9  article two hundred, article four hundred ninety-six or  section  195.00
    10  of  the  penal  law may not hold civil office for a period of five years
    11  from the date of conviction, provided that in the event such  conviction
    12  is  the result of a plea agreement resulting in a plea to such charge in
    13  lieu of a plea or conviction of a  felony  defined  in  section  195.20,
    14  article two hundred or article four hundred ninety-six of the penal law,
    15  all  parties to such agreement may agree that the period of such bar may
    16  be for a period of up to ten years from the date of conviction.
    17    § 32. Intentionally omitted.
    18    § 33. Intentionally omitted.
    19    § 34. Intentionally omitted.
    20    § 35. Intentionally omitted.

    21    § 36. The tax law is amended by adding a new section  41  to  read  as
    22  follows:
    23    §  41.  Limitations on tax credit eligibility. Any taxpayer who stands
    24  convicted, or who is a shareholder of an S corporation or partner  in  a
    25  partnership  which  is  convicted,  of an offense defined in article two
    26  hundred or four hundred ninety-six or section 195.20 of  the  penal  law
    27  shall  not  be  eligible  for any tax credit allowed under article nine,
    28  nine-A, thirty-two or thirty-three of this chapter or any  business  tax
    29  credit allowed under article twenty-two of this chapter. For purposes of
    30  this  section, a business tax credit allowed under article twenty-two of
    31  this chapter is a tax credit allowed to taxpayers under article  twenty-

    32  two  which is substantially similar to a tax credit allowed to taxpayers
    33  under article nine-A of this chapter. In the event  a  person  or  firm,
    34  partnership or corporation is convicted of an offense defined in article
    35  two  hundred  or  four hundred ninety-six or section 195.00 of the penal
    36  law, the office responsible for  prosecuting  such  offense  shall  send
    37  notice of such conviction, together with the names of any firm, partner-
    38  ship  or  corporation of which the person is known to be a member, part-
    39  ner, officer or director, to the commissioner.
    40    § 37. Paragraph 8 of subdivision 3 of section 73-a of the public offi-
    41  cers law, as amended by section 5 of part A of chapter 399 of  the  laws
    42  of 2011, is amended to read as follows:

    43  8.  (a)  If  the  reporting individual practices law, is licensed by the
    44      department of state as a real estate broker or agent or practices  a
    45      profession  licensed  by  the department of education, or works as a
    46      member or employee of  a  firm  required  to  register  pursuant  to
    47      section  one-e  of the legislative law as a lobbyist, give a general
    48      description of the principal subject areas of matters undertaken  by
    49      such  individual. Additionally, if such an individual practices with
    50      a firm or corporation and is a partner or shareholder of the firm or
    51      corporation, give a general description of principal  subject  areas
    52      of matters undertaken by such firm or corporation.
 
    53      ____________________________________________________________________
    54      ____________________________________________________________________

    55      ____________________________________________________________________

        S. 6355--D                         23                         A. 8555--D
 
     1      ____________________________________________________________________
     2      ____________________________________________________________________
 
     3    (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
     4  PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
     5  FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE  SERVICES  THAT
     6  ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
     7    If the reporting individual personally provides services to any person
     8  or  entity,  or works as a member or employee of a partnership or corpo-
     9  ration that  provides  such  services  (referred  to  hereinafter  as  a
    10  "firm"),  then  identify  each  client or customer to whom the reporting

    11  individual personally provided services, or who was referred to the firm
    12  by the reporting individual, and from whom the reporting  individual  or
    13  his  or  her  firm earned fees in excess of $10,000 during the reporting
    14  period for such services rendered in direct connection with:
    15    (i) A proposed bill or resolution in the senate or assembly during the
    16  reporting period;
    17    (ii) A contract in an amount totaling $50,000  or more from the  state
    18  or any state agency for services, materials, or property;
    19    (iii)  A  grant of $25,000  or more from the state or any state agency
    20  during the reporting period;
    21    (iv) A grant obtained through  a  legislative  initiative  during  the
    22  reporting period; or
    23    (v)  A  case,  proceeding,  application  or other matter that is not a
    24  ministerial matter before a state agency during the reporting period.

    25    For purposes of this question, "referred  to  the  firm"  shall  mean:
    26  having  intentionally  and  knowingly  taken a specific act or series of
    27  acts to intentionally procure for the  reporting  individual's  firm  or
    28  knowingly  solicit or direct to the reporting individual's firm in whole
    29  or substantial part, a person or entity that becomes a  client  of  that
    30  firm  for  the  purposes  of  representation  for a matter as defined in
    31  subparagraphs (i) through (v) of this paragraph, as the result  of  such
    32  procurement,  solicitation  or  direction of the reporting individual. A
    33  reporting  individual  need  not  disclose  activities  performed  while
    34  lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
    35  sion seven of section seventy-three of this article.
    36    The  disclosure requirement in this question shall not require disclo-

    37  sure of clients or  customers  receiving  medical  or  dental  services,
    38  mental  health  services, residential real estate brokering services, or
    39  insurance brokering services from the reporting individual or his or her
    40  firm. The reporting individual need not identify any client to  whom  he
    41  or  she or his or her firm provided legal representation with respect to
    42  investigation or prosecution by law enforcement authorities, bankruptcy,
    43  or domestic relations matters. With respect to  clients  represented  in
    44  other  matters,  where  disclosure  of  a client's identity is likely to
    45  cause harm, the reporting individual shall request an exemption from the
    46  joint commission pursuant  to  paragraph  (i)  of  subdivision  nine  of
    47  section  ninety-four  of  the executive law. Only a reporting individual
    48  who first enters public office after July first,  two  thousand  twelve,

    49  need  not  report clients or customers with respect to matters for which
    50  the reporting individual or his or her firm was retained prior to enter-
    51  ing public office.
    52  Client                                    Nature of Services Provided
    53  ________________________________________________________________________
    54  ________________________________________________________________________
    55  ________________________________________________________________________

        S. 6355--D                         24                         A. 8555--D
 
     1  ________________________________________________________________________
     2  ________________________________________________________________________
 
     3    (c)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
     4  PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND  FIFTEEN,  OR  FOR  NEW

     5  MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES
     6  THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN:
     7    If  the reporting individual receives income of fifty thousand dollars
     8  or greater from any employment or  activity  reportable  under  question
     9  8(a),  identify  each  registered  lobbyist who has directly referred to
    10  such individual a client who was successfully referred to the  reporting
    11  individual's  business  and  from  whom the reporting individual or firm
    12  received a fee for services in excess of ten  thousand  dollars.  Report
    13  only  these referrals that were made to a reporting individual by direct
    14  communication from a person known to such reporting individual to  be  a

    15  registered  lobbyist  at  the time the referral is made. With respect to
    16  each such referral, the reporting individual shall identify  the  regis-
    17  tered  lobbyist  who has made the referral, the category of value of the
    18  compensation received and a general description of the type of matter so
    19  referred.  A reporting individual need not disclose activities performed
    20  while lawfully acting pursuant to paragraphs (c), (d), (e)  and  (f)  of
    21  subdivision  seven of section seventy-three of this article. The disclo-
    22  sure requirements in this  question  shall  not  require  disclosure  of
    23  clients or customers receiving medical or dental services, mental health
    24  services,  residential  real  estate  brokering  services,  or insurance

    25  brokering services from the reporting individual or his or her firm. The
    26  reporting individual need not identify any client to whom he or  she  or
    27  his  or  her firm provided legal representation with respect to investi-
    28  gation or prosecution by law  enforcement  authorities,  bankruptcy,  or
    29  domestic relations matters. With respect to clients represented in other
    30  matters,  the  reporting  individual shall request an exemption from the
    31  joint commission, which shall be granted for good cause shown.  For  the
    32  purposes  of  this  question,  good  cause may be shown by circumstances
    33  including, but not limited to, where disclosure of a  client's  identity
    34  would  reveal  trade  secrets  or have a negative impact on the client's

    35  business interests, would cause  embarrassment  for  the  client,  could
    36  reasonably  result  in  retaliation against the client, or would tend to
    37  reveal non-public matters regarding a criminal investigation.    Only  a
    38  reporting individual who first enters public office after January first,
    39  two  thousand fifteen, need not report clients or customers with respect
    40  to matters for which the reporting individual or his  or  her  firm  was
    41  retained prior to entering public office.
    42  Client          Name of Lobbyist          Category of Amount (in Table 1)
    43  ________________________________________________________________________
    44  ________________________________________________________________________
    45  ________________________________________________________________________

    46  ________________________________________________________________________
    47  ________________________________________________________________________
 
    48    (d)  List  the  name, principal address and general description or the
    49  nature of the business activity of any entity  in  which  the  reporting
    50  individual  or  such  individual's spouse had an investment in excess of
    51  $1,000 excluding investments in securities and interests in real proper-
    52  ty.

        S. 6355--D                         25                         A. 8555--D
 
     1      ____________________________________________________________________
     2      ____________________________________________________________________
     3      ____________________________________________________________________
     4      ____________________________________________________________________

     5      ____________________________________________________________________
 
     6    §  38.  Severability.  If  any clause, sentence, paragraph, section or
     7  part of this act shall be adjudged by any court of  competent  jurisdic-
     8  tion  to  be invalid, such judgment shall not affect, impair, or invali-
     9  date the remainder thereof, but shall be confined in  its  operation  to
    10  the  clause,  sentence,  paragraph,  section  or  part  thereof directly
    11  involved in the controversy in  which  such  judgment  shall  have  been
    12  rendered.
    13    §  39.  This act shall take effect on the thirtieth day after it shall
    14  have become a law and shall only apply to acts  committed  on  or  after
    15  such date.
 
    16                                  SUBPART B
 
    17    Section  1.  Subdivision  1  of section 14-126 of the election law, as
    18  amended by section 3 of part E of chapter 399 of the laws  of  2011,  is

    19  amended to read as follows:
    20    1.  Any  person  who fails to file a statement required to be filed by
    21  this article shall be subject to a civil penalty, not in excess  of  one
    22  thousand  dollars,  to  be  recoverable in a special proceeding or civil
    23  action to be brought by the state board of elections [or other board  of
    24  elections]  chief enforcement counsel pursuant to section 16-114 of this
    25  chapter. Any person who, three or more times  within  a  given  election
    26  cycle  for  such term of office, fails to file a statement or statements
    27  required to be filed by this article, shall be subject to a civil penal-
    28  ty, not in excess of ten thousand dollars, to be recoverable as provided
    29  for in this subdivision.
    30    § 2. Subdivision 3 of section 3-100 of the election law, as amended by

    31  chapter 220 of the laws of 2005, is amended to read as follows:
    32    3. The commissioners of the state board of  elections  shall  have  no
    33  other public employment. The commissioners shall receive an annual sala-
    34  ry  of  twenty-five  thousand dollars, within the amounts made available
    35  therefor by appropriation. The board shall, for the purposes of sections
    36  seventy-three and seventy-four of the public officers law, be  a  "state
    37  agency",  and  such commissioners shall be "officers" of the state board
    38  of elections for the purposes of such sections. Within the amounts  made
    39  available  by appropriation therefor, the state board of elections shall
    40  appoint two co-executive directors, and such other staff members as  are
    41  necessary  in  the  exercise of its functions, and may fix their compen-
    42  sation. [Anytime after the effective date of the chapter of the laws  of

    43  two thousand five which amended this subdivision, the] The commissioners
    44  or,  in  the case of a vacancy on the board, the commissioner of each of
    45  the major political parties shall  appoint  one  co-executive  director.
    46  Each co-executive director shall serve a term of four years. Any vacancy
    47  in  the  office  of co-executive director shall be filled by the commis-
    48  sioners or, in the case of a vacancy on the board, the  commissioner  of
    49  the same major political party as the vacating incumbent for the remain-
    50  ing period of the term of such vacating incumbent.
    51    §  2-a.  Section  3-100 of the election law is amended by adding a new
    52  subdivision 3-a to read as follows:

        S. 6355--D                         26                         A. 8555--D
 

     1    3-a. There is established within the  state  board  of  elections  the
     2  office of chief enforcement counsel to head the division of election law
     3  enforcement. Such counsel shall serve in said office for a fixed term of
     4  five  years  commencing  September first, two thousand fourteen, and may
     5  only  be  removed by the governor for substantial neglect of duty, gross
     6  misconduct in office, or the inability to discharge the powers or duties
     7  of office, upon notice with  an  opportunity  to  be  heard.  The  chief
     8  enforcement  counsel  shall have sole authority over personnel decisions
     9  within the enforcement division. All hiring decisions made by the  chief
    10  enforcement  counsel  shall  be  made without regard to political affil-

    11  iation. The chief enforcement counsel shall not hold  any  other  public
    12  office,  be  a party officer during his or her term of office, or other-
    13  wise engage in outside employment. He or she  shall  be  chosen  by  the
    14  governor  which  choice shall be confirmed by each house of the legisla-
    15  ture separately by a majority vote of the members elected to each  house
    16  of the legislature.
    17    §  3.  Subdivision  3  and paragraph (c) of subdivision 9-A of section
    18  3-102 of the election law, subdivision 3 as amended by chapter 9 of  the
    19  laws  of  1978  and paragraph (c) of subdivision 9-A as added by chapter
    20  430 of the laws of 1997, are amended to read as follows:
    21    3. conduct any investigation necessary to carry out the provisions  of

    22  this chapter, provided, however, that the state board of elections chief
    23  enforcement counsel, established pursuant to section 3-100 of this arti-
    24  cle,   shall   conduct  all  investigations  necessary  to  enforce  the
    25  provisions of this chapter;
    26    (c) establish [a] an educational and training program on all reporting
    27  requirements including but not limited to the electronic reporting proc-
    28  ess and make it easily and readily available to any  such  candidate  or
    29  committee;
    30    §  4. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5 as
    31  redesignated and subdivision 2 as amended by chapter 9 of  the  laws  of
    32  1978, is amended to read as follows:
    33    § 3-104. State board of elections; enforcement powers.

    34    1.  (a)  There  shall  be a unit known as the division of election law
    35  enforcement established within the state board of elections. The head of
    36  such unit shall be the chief enforcement counsel.
    37    (b) The state board of elections shall have jurisdiction  of,  and  be
    38  responsible  for,  the  execution  and  enforcement of the provisions of
    39  article fourteen of this chapter and other statutes governing campaigns,
    40  elections and  related  procedures;  provided  however  that  the  chief
    41  enforcement  counsel shall have sole authority within the state board of
    42  elections to investigate on his or her own initiative or upon  complaint
    43  alleged   violations  of  such  statutes  and  all  complaints  alleging
    44  violations shall be forwarded to the division of election  law  enforce-

    45  ment.
    46    2.  (a) Whenever [the state board of elections or other] a local board
    47  of elections shall determine, on its own initiative or  upon  complaint,
    48  or otherwise, that there is substantial reason to believe a violation of
    49  this  chapter  or  any  code  or  regulation  promulgated thereunder has
    50  [occurred] been committed by a candidate or political committee or other
    51  person or entity that files statements required by article  fourteen  of
    52  this  chapter  solely with such local board, it shall expeditiously make
    53  an investigation which shall also include investigation of  reports  and
    54  statements  made  or  failed to be made by the complainant and any poli-
    55  tical committee supporting his candidacy if the complainant is a  candi-

    56  date  or,  if  the complaint was made by an officer or member of a poli-

        S. 6355--D                         27                         A. 8555--D
 
     1  tical committee, of reports and statements made or failed to be made  by
     2  such  political committee and any candidates supported by it. [The state
     3  board of elections, in lieu of making such an investigation, may  direct
     4  the  appropriate board of elections to make an investigation.] The local
     5  board shall report the results of its investigation to the  division  of
     6  election law enforcement chief enforcement counsel within ninety days of
     7  the  start  of  such  investigation.   The chief enforcement counsel may
     8  direct the local board of elections at any time to suspend its  investi-

     9  gation  so that the division of election law enforcement can investigate
    10  the matter.
    11    (b) The [state board  of  elections]  chief  enforcement  counsel  may
    12  request,  and  shall  receive, the assistance of the state police in any
    13  investigation it shall conduct.
    14    3. [If, after an investigation, the state or other board of  elections
    15  finds  reasonable  cause to believe that a violation warranting criminal
    16  prosecution has taken place, it shall forthwith refer the matter to  the
    17  district  attorney of the appropriate county and shall make available to
    18  such district attorney all relevant  papers,  documents,  testimony  and
    19  findings relevant to its investigation.

    20    4.  The  state  or  other  board  of elections may, where appropriate,
    21  commence a judicial proceeding with respect to the filing or failure  to
    22  file  any  statement  of receipts, expenditures, or contributions, under
    23  the provisions of this chapter, and the state  board  of  elections  may
    24  direct  the  appropriate  other  board  of  elections  to  commence such
    25  proceeding.
    26    5.] Upon receipt of a complaint and  supporting  information  alleging
    27  any  violation  of  this chapter, or upon his or her own initiative, the
    28  chief enforcement counsel shall determine if an investigation should  be
    29  undertaken.  The  chief  enforcement counsel shall, if necessary, obtain
    30  additional information from the complainant or  from  other  sources  to

    31  assist  such  counsel  in making this determination. Such analysis shall
    32  include the following: first, whether the allegations,  if  true,  would
    33  constitute  a violation of this chapter and, second, whether the allega-
    34  tions are supported by credible evidence. The chief enforcement  counsel
    35  may  at any time ask that the board authorize him or her to exercise the
    36  powers which the board is otherwise authorized to exercise  pursuant  to
    37  subdivisions  five  and  six  of section 3-102 of this title.  The board
    38  shall vote on whether to grant or refuse  to  grant  such  authority  no
    39  later  than  twenty  days after the chief enforcement counsel makes such
    40  request.  For purposes of considering and voting on  such  request,  the

    41  chief  enforcement  counsel  shall  be  entitled  to  participate in all
    42  matters related thereto and  shall  vote  on  the  board's  granting  or
    43  refusal  to  grant  such  request  only when there is a tie.  Should the
    44  board not vote on such request within twenty days of its submission,  or
    45  grant  the  chief  enforcement  counsel's request, the chief enforcement
    46  counsel shall be so empowered to act pursuant to subdivisions  five  and
    47  six of section 3-102 of this title.
    48    4.  If  the chief enforcement counsel determines that the allegations,
    49  if true, would not constitute a violation of this chapter  or  that  the
    50  allegations  are  not  supported  by  credible evidence, he or she shall

    51  issue a letter forthwith to the complainant dismissing the complaint and
    52  notice to the board.
    53    5. (a) If, an individual  has  failed  to  cure  pursuant  to  section
    54  3-104-a  of this title, or the chief enforcement counsel determines that
    55  substantial reason exists to believe that a  person,  acting  as  or  on
    56  behalf  of a candidate or political committee under circumstances evinc-

        S. 6355--D                         28                         A. 8555--D
 
     1  ing an intent to violate such law that does not otherwise warrant crimi-
     2  nal prosecution, or has unlawfully violated any provision of this  chap-
     3  ter,  the  board shall assign a hearing officer, randomly from a list of

     4  prospective  hearing officers each of whom shall have been approved by a
     5  majority vote of the board.  The chief enforcement counsel shall provide
     6  a written report to such hearing officer as to: (1) whether  substantial
     7  reason  exists  to believe a violation of this chapter has occurred and,
     8  if so, the nature of the violation and any applicable penalty, based  on
     9  the  nature  of the violation; (2) whether the matter should be resolved
    10  extra-judicially;  and  (3)  whether  a  special  proceeding  should  be
    11  commenced  in  the supreme court to recover a civil penalty. The hearing
    12  officer shall make findings of fact and conclusions of law  based  on  a
    13  preponderance  of the evidence as to whether a violation has been estab-

    14  lished and, if so, who is guilty of such violation on notice to and with
    15  an opportunity for the individual or entity accused of any violations to
    16  be heard.  However, if the hearing officer finds that  on  balance,  the
    17  equities  favor  a dismissal of the complaint, the hearing officer shall
    18  dismiss the  charges.  In  determining  whether  the  equities  favor  a
    19  dismissal, the hearing officer shall consider the following factors: (1)
    20  whether the complaint alleges a de minimis violation of article fourteen
    21  of  this  chapter;  (2)  whether the subject of the complaint has made a
    22  good faith effort to correct the violation; and (3) whether the  subject
    23  of  the  complaint has a history of similar violations.  For purposes of

    24  making any such findings under this subdivision, proceedings before  the
    25  hearing officer shall be governed by article three of the state adminis-
    26  trative  procedure  act.   The chief enforcement counsel shall adopt the
    27  report of the hearing  officer  and  may,  in  his  or  her  discretion,
    28  commence  a special proceeding in the supreme court pursuant to sections
    29  16-100, 16-114 and 16-116 of this chapter should the  findings  of  fact
    30  and  conclusions  of  law support the commencement of such proceeding or
    31  enter into an agreement to settle such matter with the  subject  of  the
    32  complaint.  In  the  event  the  chief  enforcement  counsel commences a
    33  special proceeding, the court shall afford the subject of the  compliant

    34  an  opportunity  to be heard and shall be empowered to accept, reject or
    35  modify the findings of fact and conclusions of law made by  the  hearing
    36  officer.  If the board fails to produce a list of eligible hearing offi-
    37  cers, the chief enforcement counsel may commence a special proceeding as
    38  provided  herein  in  accordance with recommendations made in his or her
    39  report.
    40    (b) If the chief enforcement counsel determines that reasonable  cause
    41  exists  to believe a violation warranting criminal prosecution has taken
    42  place, the chief enforcement counsel shall present such findings to  the
    43  board.  Within  thirty  days of such submission, the board shall vote on
    44  whether to accept or reject such findings. For  purposes  of  voting  on

    45  acceptance  or  rejection  of findings by the chief enforcement counsel,
    46  the chief enforcement counsel shall be entitled to  participate  in  all
    47  matters related to the review of his or her report and shall vote on its
    48  acceptance or rejection only when there is a tie.  Should the board fail
    49  to  vote  to  either accept or reject the findings within thirty days of
    50  submission of such findings, or should the board accept the findings  by
    51  the  chief enforcement counsel that there is reasonable cause to believe
    52  that a violation warranting criminal prosecution has  taken  place,  the
    53  chief  enforcement  counsel  shall, forthwith, and in any event no later
    54  than seven calendar days of such failure to accept or reject  the  find-

    55  ings by the board, refer such matter to the attorney general or district

        S. 6355--D                         29                         A. 8555--D
 
     1  attorney  with  jurisdiction  over  such  matter  to commence a criminal
     2  action as such term is defined in the criminal procedure law.
     3    6. Upon notification that a special proceeding has been commenced by a
     4  party  other  than  the  state  board  of elections, pursuant to section
     5  16-114 of this chapter, the chief enforcement counsel shall  investigate
     6  the alleged violations unless otherwise directed by the court.
     7    7. The chief enforcement counsel shall prepare a report to be included
     8  in  the  annual  report of the board to the governor, the state board of

     9  elections and legislature, summarizing the activities of the unit during
    10  the previous year.
    11    8. The state board of elections may promulgate rules  and  regulations
    12  consistent with law to effectuate the provisions of this section.
    13    §  5.  The  election law is amended by adding a new section 3-104-a to
    14  read as follows:
    15    § 3-104-a. Compliance unit; compliance procedures. 1. There shall be a
    16  compliance unit within the board of elections. The compliance unit shall
    17  examine campaign finance statements required to  be  filed  pursuant  to
    18  article  fourteen  of  this  chapter. If such statements are found to be
    19  deficient, the compliance unit shall notify the person required to  file
    20  such  statement  of such deficiency. Such notice shall be in writing and

    21  mailed to the last known residence or business address of such person by
    22  certified mail, return receipt requested. If the person required to file
    23  such statement is a treasurer who has stated that the committee has been
    24  authorized by one or more candidates, a copy of  such  notice  shall  be
    25  sent to each candidate by first class mail.
    26    2. Upon a failure to remedy the deficiencies identified by the compli-
    27  ance  unit  within  thirty  days of the receipt of such notice the chief
    28  enforcement counsel may proceed pursuant to subdivision five of  section
    29  3-104 of this title. If such notice is received within thirty days of an
    30  election,  failure  to  remedy  the deficiencies identified within seven

    31  days of the receipt of such notice the  chief  enforcement  counsel  may
    32  proceed pursuant to subdivision five of section 3-104 of this title.
    33    §  6.  This  act shall take effect on the ninetieth day after it shall
    34  have become a law.
 
    35                                  SUBPART C
 
    36    Section 1. Section 14-100 of the election law  is  amended  by  adding
    37  three new subdivisions 12, 13 and 14 to read as follows:
    38    12. "clearly identified candidate" means that:
    39    (a) the name of the candidate involved appears;
    40    (b) a photograph or drawing of the candidate appears; or
    41    (c)  the  identity  of the candidate is apparent by unambiguous refer-
    42  ence.
    43    13. "general public audience" means an audience composed of members of

    44  the public, including a targeted subgroup  of  members  of  the  public;
    45  provided,  however,  it  does  not  mean an audience solely comprised of
    46  members, retirees and staff of a labor organization or members of  their
    47  households  or  an  audience  solely  comprised of employees of a corpo-
    48  ration, unincorporated business entity or members of a  business,  trade
    49  or professional association or organization.
    50    14.  "labor  organization"  means  any  organization of any kind which
    51  exists for the purpose, in whole or in part, of  representing  employees
    52  employed  within  the  state  of  New  York in dealing with employers or
    53  employer organizations or with a state government, or any  political  or

    54  civil  subdivision  or other agency thereof, concerning terms and condi-

        S. 6355--D                         30                         A. 8555--D
 
     1  tions of employment, grievances, labor disputes, or other matters  inci-
     2  dental to the employment relationship. For the purposes of this article,
     3  each  local,  parent  national or parent international organization of a
     4  statewide  labor  organization,  and each statewide federation receiving
     5  dues from subsidiary labor organizations, shall be considered a separate
     6  labor organization.
     7    § 2. Intentionally omitted.
     8    § 3. Section 14-106 of the election law, as amended by  section  2  of
     9  part  E  of  chapter  399  of  the  laws  of 2011, is amended to read as
    10  follows:

    11    § 14-106. Political communication. The statements required to be filed
    12  under the provisions of this article next succeeding a primary,  general
    13  or  special  election  shall  be accompanied by a copy of all broadcast,
    14  cable or satellite schedules and  scripts,  internet,  print  and  other
    15  types   of  advertisements,  pamphlets,  circulars,  flyers,  brochures,
    16  letterheads and other printed matter purchased or produced, and  reprod-
    17  uctions  of  statements or information published to five hundred or more
    18  members of a general public audience by  computer  or  other  electronic
    19  device  including  but  not  limited to electronic mail or text message,
    20  purchased in connection with such election by or under the authority  of
    21  the  person filing the statement or the committee or the person on whose

    22  behalf it is filed, as the case  may  be.  Such  copies,  schedules  and
    23  scripts  shall  be  preserved by the officer with whom or the board with
    24  which it is required to be filed for a period of one year from the  date
    25  of filing thereof.
    26    §  4.  The  election  law is amended by adding a new section 14-107 to
    27  read as follows:
    28    § 14-107. Independent expenditure reporting. 1. For purposes  of  this
    29  article:
    30    (a)  "Independent  expenditure"  means an expenditure made by a person
    31  conveyed to five hundred or more members of a general public audience in
    32  the form of (i) an audio or video communication via broadcast, cable  or
    33  satellite,  (ii)  a written communication via advertisements, pamphlets,
    34  circulars, flyers,  brochures,  letterheads  or  (iii)  other  published

    35  statements  which:  (i) irrespective of when such communication is made,
    36  contains words such as "vote," "oppose," "support,"  "elect,"  "defeat,"
    37  or  "reject," which call for the election or defeat of the clearly iden-
    38  tified candidate, or (ii) refers to  and  advocates  for  or  against  a
    39  clearly  identified  candidate  or  ballot  proposal on or after January
    40  first of the year of the election in which  such  candidate  is  seeking
    41  office  or  such  proposal  shall appear on the ballot.   An independent
    42  expenditure shall not include communications where such  candidate,  the
    43  candidate's  political committee or its agents, or a political committee
    44  formed to promote the success or defeat of  a  ballot  proposal  or  its

    45  agents,  did  authorize,  request,  suggest, foster or cooperate in such
    46  communication.
    47    (b) Independent expenditures do not include expenditures in connection
    48  with:
    49    (i) a written news story, commentary, or editorial or  a  news  story,
    50  commentary,  or  editorial  distributed  through  the  facilities of any
    51  broadcasting station, cable or  satellite  unless  such  publication  or
    52  facilities  are  owned  or  controlled by any political party, political
    53  committee or candidate; or
    54    (ii) a communication that constitutes a candidate debate or forum; or
    55    (iii) internal communication by members to other members of a  member-
    56  ship organization of not more than five hundred members, for the purpose

        S. 6355--D                         31                         A. 8555--D
 
     1  of supporting or opposing a candidate or candidates for elective office,
     2  provided  such expenditures are not used for the costs of campaign mate-
     3  rial or communications used in connection with  broadcasting,  telecast-
     4  ing, newspapers, magazines, or other periodical publication, billboards,
     5  or similar types of general public communications; or
     6    (iv)  a  communication  published on the Internet, unless the communi-
     7  cation is a paid advertisement.
     8    (c) For purposes of this section, the term "person" shall mean person,
     9  group of persons, corporation,  unincorporated  business  entity,  labor

    10  organization or business, trade or professional association or organiza-
    11  tion, or political committee.
    12    2.  Whenever  any  person  makes an independent expenditure that costs
    13  more than one thousand dollars  in  the  aggregate,  such  communication
    14  shall  clearly  state  the name of the person who paid for, or otherwise
    15  published or distributed the communication and state,  with  respect  to
    16  communications  regarding  candidates,  that  the  communication was not
    17  expressly authorized or requested by any candidate,  or  by  any  candi-
    18  date's political committee or any of its agents.
    19    3.  (a)  Any  person prior to making any independent expenditure shall
    20  first register with the state board of elections as a political  commit-

    21  tee  in conformance with this article. Such person shall comply with all
    22  disclosure obligations required for political committees by law.
    23    (b) Any person who has registered with the state  board  of  elections
    24  pursuant  to  paragraph  (a)  of  this subdivision shall disclose to the
    25  state board of elections electronically,  once  a  week  on  Friday  any
    26  contribution to such person over one thousand dollars or expenditures by
    27  such  person over five thousand dollars made prior to thirty days before
    28  any primary, general, or special election.
    29    (c) Any person who has registered with the state  board  of  elections
    30  pursuant  to  paragraph  (a)  of  this subdivision shall disclose to the

    31  state board of elections electronically,  within  twenty-four  hours  of
    32  receipt,  any  contribution  to such person over one thousand dollars or
    33  expenditure by such person over five thousand dollars made within thirty
    34  days before any primary, general, or special election.
    35    (d) A knowing and willful violation of the provisions of this subdivi-
    36  sion shall subject the person to a civil penalty equal to five  thousand
    37  dollars  or  the  cost  of the communication, whichever is greater, in a
    38  special proceeding or civil action  brought  by  the  board  or  imposed
    39  directly by the board of elections.
    40    4. The disclosures required by subdivision three of this section shall
    41  include, in addition to any other information required by law:

    42    (a)  the  name,  address, occupation and employer of the person making
    43  the statement;
    44    (b) the name, address, occupation and employer of  the  person  making
    45  the independent expenditure;
    46    (c) the name, address, occupation and employer of any person providing
    47  a  contribution,  gift, loan, advance or deposit of one thousand dollars
    48  or more for the independent expenditure, or the  provision  of  services
    49  for the same, and the date it was given;
    50    (d)  the dollar amount paid for each independent expenditure, the name
    51  and address of the person or entity receiving the payment, the date  the
    52  payment was made and a description of the independent expenditure; and

    53    (e) the election to which the independent expenditure pertains and the
    54  name  of  the clearly identified candidate or the ballot proposal refer-
    55  enced.

        S. 6355--D                         32                         A. 8555--D
 
     1    5. A copy of all political communications paid for by the  independent
     2  expenditure,  including but not limited to broadcast, cable or satellite
     3  schedules and scripts,  advertisements,  pamphlets,  circulars,  flyers,
     4  brochures, letterheads and other printed matter and statements or infor-
     5  mation  conveyed  to  one  thousand  or more members of a general public
     6  audience by computer or other electronic devices shall be filed with the

     7  state board of elections with the statements required by this section.
     8    6. Every statement required to be filed pursuant to this section shall
     9  be filed electronically with the state board of elections.
    10    7. The state board of  elections  shall  promulgate  regulations  with
    11  respect to the statements required to be filed by this section and shall
    12  provide forms suitable for such statements.
    13    § 5. Intentionally omitted.
    14    §  6.  Section  14-126 of the election law, as amended by section 3 of
    15  part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
    16  follows:
    17    § 14-126. Violations; penalties. 1. (a) Any person who fails to file a
    18  statement  required  to  be  filed by this article shall be subject to a

    19  civil penalty, not in excess of one thousand dollars, to be  recoverable
    20  in  a  special  proceeding  or  civil action to be brought by the [state
    21  board of elections or other board of elections] chief enforcement  coun-
    22  sel.   Any person who, three or more times within a given election cycle
    23  for such term of  office,  fails  to  file  a  statement  or  statements
    24  required to be filed by this article, shall be subject to a civil penal-
    25  ty, not in excess of ten thousand dollars, to be recoverable as provided
    26  for in this subdivision.
    27    (b)  All payments received by the state board of elections pursuant to
    28  this section shall be retained in the appropriate accounts as designated
    29  by the division of the budget for enforcement activities by the board of
    30  elections.

    31    2. Any person who, acting as or on behalf of a candidate or  political
    32  committee,  under  circumstances evincing an intent to violate such law,
    33  unlawfully accepts a contribution in excess of a contribution limitation
    34  established in this article, shall be required  to  refund  such  excess
    35  amount  and  shall  be  subject  to  a civil penalty equal to the excess
    36  amount plus a fine of up to ten thousand dollars, to be recoverable in a
    37  special proceeding or civil action to be brought by the state  board  of
    38  elections chief enforcement counsel.
    39    3.  Any  person  who falsely identifies or knowingly fails to identify
    40  any independent expenditure as required by subdivision  two  of  section
    41  14-107  of  this  article  shall be subject to a civil penalty up to one

    42  thousand dollars or up to the cost of the  communication,  whichever  is
    43  greater,  in  a  special proceeding or civil action brought by the state
    44  board of elections chief enforcement counsel or imposed directly by  the
    45  state  board  of elections.   For purposes of this subdivision, the term
    46  "person" shall mean a person, group of persons, corporation,  unincorpo-
    47  rated  business entity, labor organization or business, trade or profes-
    48  sional association or organization or political committee.
    49    [3.] 4. Any person who knowingly and willfully fails to file a  state-
    50  ment required to be filed by this article within ten days after the date
    51  provided for filing such statement or any person who knowingly and will-

    52  fully  violates any other provision of this article shall be guilty of a
    53  misdemeanor.
    54    [4.] 5. Any person who knowingly and willfully contributes, accepts or
    55  aids or participates in the acceptance of a contribution  in  an  amount

        S. 6355--D                         33                         A. 8555--D
 
     1  exceeding an applicable maximum specified in this article shall be guil-
     2  ty of a class A misdemeanor.
     3    [5.] 6. Any person who shall, acting on behalf of a candidate or poli-
     4  tical committee, knowingly and willfully solicit, organize or coordinate
     5  the formation of activities of one or more unauthorized committees, make
     6  expenditures  in connection with the nomination for election or election
     7  of any candidate, or solicit any person to make any  such  expenditures,

     8  for the purpose of evading the contribution limitations of this article,
     9  shall be guilty of a class E felony.
    10    §  7.  This act shall take effect June 1, 2014 provided that the board
    11  of elections may promulgate such regulations  as  may  be  necessary  to
    12  effectuate this act immediately.
 
    13                                  SUBPART D
 
    14    Section  1.  The  article heading of article 14 of the election law is
    15  amended to read as follows:
    16    [Campaign Receipts and Expenditures] CAMPAIGN  RECEIPTS  AND  EXPENDI-
    17  TURES; MATCHING FINANCING
    18    §  2. Sections 14-100 through 14-130 of article 14 of the election law
    19  are designated title I and a new title  heading  is  added  to  read  as
    20  follows:
    21                     CAMPAIGN RECEIPTS AND EXPENDITURES

    22    §  3.  Article 14 of the election law is amended by adding a new title
    23  II to read as follows:
    24                                  TITLE II
    25                             MATCHING FINANCING
    26  Section 14-200. Definitions.
    27          14-201. Reporting requirements.
    28          14-202. Contribution limits.
    29          14-203. Proof of compliance.
    30          14-204. Eligibility.
    31          14-205. Limits on matching financing.
    32          14-206. Payment of  matching funds.
    33          14-207. Use of matching funds; qualified campaign expenditures.
    34          14-208. Powers and duties of board.
    35          14-209. Audits and repayments.
    36          14-210. Enforcement  and  penalties  for  violations  and  other

    37                    proceedings.
    38          14-211. Reports.
    39          14-212. Debates for candidates for comptroller.
    40          14-213. Severability.
    41    §  14-200. Definitions.  For the purposes of this title, the following
    42  terms shall have the following meanings:
    43    1. The term "authorized committee" shall  mean  the  single  committee
    44  designated  by  a  candidate pursuant to section 14-201 of this title to
    45  receive contributions and make expenditures in  support  of  the  candi-
    46  date's campaign.
    47    2. The term "board" shall mean the state board of elections.
    48    3.  The  term "contribution" shall have the same meaning as appears in
    49  subdivision nine of section 14-100 of this article.

    50    4. The term "contributor" shall mean any person or entity that makes a
    51  contribution.
    52    5. The term "covered election"  shall  mean  any  primary  or  general
    53  election  for  nomination  for  election,  or election, to the office of
    54  state comptroller.

        S. 6355--D                         34                         A. 8555--D
 
     1    6. The term "election cycle" shall mean the four year period  starting
     2  after  the day after the last general election for candidates for state-
     3  wide office.
     4    7.  The term "expenditure" shall mean any gift, subscription, advance,
     5  payment, or deposit of money or anything of value, or a contract to make
     6  any gift, subscription, payment, or deposit  of  money  or  anything  of

     7  value, made in connection with the nomination for election, or election,
     8  of  any  candidate.   Expenditures made by contract are deemed made when
     9  such funds are obligated.
    10    8. The term "fund" shall mean the  New  York  state  campaign  finance
    11  fund.
    12    9.  The term "immediate family" shall mean a spouse, domestic partner,
    13  child, sibling or parent.
    14    10. The term "intermediary" shall  mean  an  individual,  corporation,
    15  partnership,  political committee, employee organization or other entity
    16  which bundles, causes to be delivered or otherwise delivers any contrib-
    17  ution from another person or entity to a candidate or authorized commit-
    18  tee, other than in the regular course of business as a postal,  delivery

    19  or  messenger service.   Provided, however, that an "intermediary" shall
    20  not include spouses, domestic partners, parents, children or siblings of
    21  the person making such contribution or a staff member  or  volunteer  of
    22  the campaign identified in writing to the state board of elections. Here
    23  "causes  to  be delivered" shall include providing postage, envelopes or
    24  other shipping materials for the use of delivering the  contribution  to
    25  the ultimate recipient.
    26    11.  The  term  "item  with  significant intrinsic and enduring value"
    27  shall mean any item, including tickets to an event, that are  valued  at
    28  twenty-five dollars or more.
    29    12.  (a)  The term "matchable contribution" shall mean a contribution,

    30  contributions or a portion of a contribution or  contributions  for  any
    31  covered  elections  held  in  the same election cycle, made by a natural
    32  person who is a resident in the state of New  York  to  a  participating
    33  candidate,  that  has  been  reported in full to the board in accordance
    34  with sections 14-102 and 14-104  of  this  article  by  the  candidate's
    35  authorized  committee  and  has been contributed on or before the day of
    36  the applicable election. Any contribution, contributions, or  a  portion
    37  of  a  contribution  determined  to be invalid for matching funds by the
    38  board may not be treated as a matchable contribution for any purpose.
    39    (b) The following contributions are not matchable:
    40    (i) loans;

    41    (ii) in-kind contributions of property, goods, or services;
    42    (iii) contributions in the form of the purchase price paid for an item
    43  with significant intrinsic and enduring value;
    44    (iv) transfers from a party or constituted committee;
    45    (v) anonymous contributions or contributions whose source is not item-
    46  ized as required by section 14-201 of this title;
    47    (vi) contributions gathered during a previous election cycle;
    48    (vii) illegal contributions;
    49    (viii) contributions from persons under eighteen;
    50    (ix) contributions from vendors for campaigns; and
    51    (x) contributions from lobbyists registered  pursuant  to  subdivision
    52  (a) of section one-c of the legislative law.

    53    13. The term "nonparticipating candidate" shall mean a candidate for a
    54  covered  election  who fails to file a written certification in the form
    55  of an affidavit under section 14-204 of this  title  by  the  applicable
    56  deadline.

        S. 6355--D                         35                         A. 8555--D
 
     1    14.  The  term  "participating candidate" shall mean any candidate for
     2  nomination for election, or election, to the office of state comptroller
     3  who files a written certification in the form of an  affidavit  pursuant
     4  to section 14-204 of this title.
     5    15.  The term "post-election period" shall mean the six months follow-
     6  ing the two thousand fourteen comptroller election when a  candidate  is

     7  subject to an audit.
     8    16.  The  term "qualified campaign expenditure" shall mean an expendi-
     9  ture for which public matching funds may be used.
    10    17. The term "threshold for eligibility"  shall  mean  the  amount  of
    11  matchable  contributions  that  a  candidate's authorized committee must
    12  receive in total in order for such candidate to  qualify  for  voluntary
    13  public financing under this title.
    14    18.  The  term  "transfer"  shall mean any exchange of funds between a
    15  party or constituted committee and a candidate or  any  of  his  or  her
    16  authorized committees.
    17    § 14-201. Reporting requirements. 1. Only one authorized committee per
    18  participating  candidate  for comptroller. Before receiving any contrib-

    19  ution or making any expenditure for a covered election,  each  candidate
    20  shall  notify  the  board  as  to the existence of his or her authorized
    21  committee that has been approved by such candidate. Each candidate shall
    22  have one and only one authorized committee per elective  office  sought.
    23  Each  authorized  committee shall have a treasurer and is subject to the
    24  restrictions found in section 14-112 of this article.
    25    2. Disclosure reports.  (a) Detailed reporting.  Each  authorized  and
    26  political  committee  shall  report  to the board every contribution and
    27  loan received  and  every  expenditure  made  in  the  time  and  manner
    28  prescribed  by  sections  14-102,  14-104  and  14-108  of this article,

    29  contributors who make contributions of five  hundred  dollars  or  more,
    30  each  authorized  and  political committee shall report to the board the
    31  occupation, and business address of each contributor, lender, and inter-
    32  mediary.  The receipt of any contribution or loan in excess of one thou-
    33  sand dollars shall be disclosed within forty-eight hours of receipt, and
    34  shall be reported in the same manner as any other contribution  or  loan
    35  on  the  next applicable statement.  The board shall revise, prepare and
    36  post forms on its webpage that facilitate compliance with  the  require-
    37  ments of this section.
    38    (b)  Board review. The board shall review each disclosure report filed
    39  and shall inform authorized and political committees of  relevant  ques-

    40  tions  it has concerning: (i) compliance with requirements of this title
    41  and of the rules issued by the board; and (ii) qualification for receiv-
    42  ing public matching funds pursuant to this title. In the course of  this
    43  review,  the  board  shall  give  authorized and political committees an
    44  opportunity to respond to and  correct  potential  violations  and  give
    45  candidates  an  opportunity to address questions the unit has concerning
    46  their matchable contribution claims or other issues concerning eligibil-
    47  ity for receiving public matching funds pursuant to this title.  Nothing
    48  in  this  paragraph shall preclude the board from subsequently reviewing
    49  such disclosure reports and taking any action otherwise authorized under
    50  this title.

    51    (c) Itemization. Contributions that are not itemized in reports  filed
    52  with the board shall not be matchable.
    53    (d)  Option to file more frequently. Participating candidates may file
    54  reports of contributions as frequently as once a week on Friday so  that
    55  their matching funds may be paid at the earliest allowable date.

        S. 6355--D                         36                         A. 8555--D
 
     1    §  14-202.  Contribution limits.  Recipients of funds pursuant to this
     2  title shall be subject to the following contribution limits:
     3    1. In the two thousand fourteen election for comptroller, or for nomi-
     4  nation  to  such  office,  no contributor may make a contribution to any

     5  candidate or political committee participating  in  the  state's  public
     6  campaign  financing  system as defined in title two of this article, and
     7  no such candidate or political committee  may  accept  any  contribution
     8  from  any  contributor,  which  is in the aggregate amount greater than:
     9  (a) in the case of any nomination to public office, the product  of  the
    10  total  number  of enrolled voters in the candidate's party in the state,
    11  excluding voters in inactive  status,  multiplied  by  $.005,  but  such
    12  amount  shall  be not more than six thousand dollars and (b) in the case
    13  of any election to such public office, six  thousand  dollars;  provided
    14  however,  that  the  maximum  amount  which  may  be  so  contributed or

    15  accepted, in the aggregate, from any candidate's child,  parent,  grand-
    16  parent,  brother  and  sister, and the spouse of any such persons, shall
    17  not exceed in the case of any nomination  to  public  office  an  amount
    18  equivalent to the product of the number of enrolled voters in the candi-
    19  date's  party  in the state, excluding voters in inactive status, multi-
    20  plied by $.025, and in the case of any election for a public office,  an
    21  amount  equivalent  to the product of the number of registered voters in
    22  the state excluding voters in inactive status, multiplied by $.025.
    23    2. In the event  that  a  candidate  for  the  two  thousand  fourteen
    24  election  for  comptroller has received a contribution which exceeds the

    25  limitations of this subdivision prior to becoming a participating candi-
    26  date in the state's matching campaign financing  system,  the  candidate
    27  shall  either (a) deposit any amount in excess of the contribution limit
    28  set forth in this subdivision, into a segregated account where it  shall
    29  not  be withdrawn for campaign expenditures for any comptroller election
    30  in the year two thousand fourteen; or (b) return any amount in excess of
    31  the contribution limit set forth in  this  section,  by  bank  check  or
    32  certified check made out to the contributor.
    33    §  14-203.  Proof of compliance.   Authorized and political committees
    34  shall maintain such records of receipts and expenditures for  a  covered

    35  election  as required by the board.  Authorized and political committees
    36  shall obtain and furnish to the board any  information  it  may  request
    37  relating  to  financial  transactions  or contributions and furnish such
    38  documentation and other proof of compliance with this title  as  may  be
    39  requested. In compliance with section 14-108 of this article, authorized
    40  and  political  committees  shall  maintain copies of such records for a
    41  period of five years.
    42    § 14-204. Eligibility.  1. Terms and conditions. To  be  eligible  for
    43  voluntary public financing under this title, a candidate must:
    44    (a) be a candidate in a covered election;
    45    (b)  meet  all  the requirements of law to have his or her name on the
    46  ballot;

    47    (c) in the case of a covered general election, be opposed  by  another
    48  candidate on the ballot who is not a write-in candidate;
    49    (d)  submit  a certification in the form of an affidavit, in such form
    50  as may be prescribed by the board, that sets forth his or her acceptance
    51  of and agreement to  comply  with  the  terms  and  conditions  for  the
    52  provision  of such funds in each covered election and such certification
    53  shall be submitted before the election pursuant to a schedule promulgat-
    54  ed by the board;
    55    (e) be certified as a participating candidate by the board;

        S. 6355--D                         37                         A. 8555--D
 
     1    (f) not make expenditures from or use his or  her  personal  funds  or

     2  property  or the personal funds or property jointly held with his or her
     3  spouse, or unemancipated children in connection with his  or  her  nomi-
     4  nation election or election to a covered office except as a contribution
     5  to his or her authorized committee in an amount that exceeds three times
     6  the  applicable  contribution  limit  from  an individual contributor to
     7  candidates for the office that he or she is seeking;
     8    (g) meet the threshold for eligibility set forth in subdivision two of
     9  this section; and
    10    (h) continue to abide by all  requirements  during  the  post-election
    11  period.
    12    2.  Threshold  for  eligibility. (a) The threshold for eligibility for
    13  matching funding for participating candidates for comptroller  shall  be

    14  not  less  than  two hundred thousand dollars in matchable contributions
    15  including at least two thousand  matchable  contributions  comprised  of
    16  sums  between  ten and one hundred seventy-five dollars per contributor,
    17  from residents of New York state.
    18    (b) Any participating candidate meeting the threshold for  eligibility
    19  in  a  primary election for the foregoing office shall be deemed to have
    20  met the threshold  for  eligibility  for  such  office  in  the  general
    21  election held in the same calendar year.
    22    §  14-205.  Limits  on  matching  financing. The following limitations
    23  apply to the total amounts of matching funds that may be provided  to  a
    24  participating candidate's authorized committee for an election cycle:

    25    1. In any primary election, receipt of matching funds by participating
    26  candidates  for  comptroller  and by each participating committees shall
    27  not exceed the sum of four million dollars.
    28    2. In any general election, receipt of matching funds by a participat-
    29  ing candidate's authorized  committee  shall  not  exceed  four  million
    30  dollars.
    31    3.  No participating candidate for nomination for an office who is not
    32  opposed by a candidate on the ballot in  a  primary  election  shall  be
    33  entitled  to  payment  of  matching funds, except that, where there is a
    34  contest in such primary election for the nomination of at least  one  of
    35  the  two political parties with the highest and second highest number of

    36  enrolled members for such office, a participating candidate who is unop-
    37  posed in the primary election may  receive  matching  funds  before  the
    38  primary  election,  for  expenses incurred on or before the date of such
    39  primary election, in an amount equal to up to half the sum set forth  in
    40  subdivision one of this section.
    41    §  14-206. Payment of matching funds. 1. Determination of eligibility.
    42  No matching funds shall be paid to an authorized  committee  unless  the
    43  board  determines that the participating candidate has met the eligibil-
    44  ity requirements of this title. Payment shall  not  exceed  the  amounts
    45  specified  in subdivision two of this section, and shall be made only in

    46  accordance with the provisions of this title. Such payment may  be  made
    47  only  to the participating candidate's authorized committee. No matching
    48  funds shall be used except as reimbursement  or  payment  for  qualified
    49  campaign  expenditures  actually and lawfully incurred or to repay loans
    50  used to pay qualified campaign expenditures.
    51    2. Calculation of payment. If the threshold for  eligibility  is  met,
    52  the participating candidate's authorized committee shall receive payment
    53  for qualified campaign expenditures of six dollars of matching funds for
    54  each  one  dollar  of matchable contributions, for the first one hundred
    55  seventy-five dollars of eligible private funds per contributor, obtained

    56  and reported to the board in accordance  with  the  provisions  of  this

        S. 6355--D                         38                         A. 8555--D
 
     1  title.  The  maximum  payment  of matching funds shall be limited to the
     2  amounts set forth in section  14-205  of  this  title  for  the  covered
     3  election.
     4    3.  Timing  of  payment.  The board shall make any payment of matching
     5  funds to participating candidates as soon as is practicable. But in  all
     6  cases, the board shall verify eligibility for matching funds within four
     7  days  of  receiving  a  campaign contribution report filed in compliance
     8  with section 14-104 of this article. Within two days of determining that

     9  a candidate for a covered office is eligible  for  matching  funds,  the
    10  board  shall  pay  the  applicable matching funds owed to the candidate.
    11  However, the board shall not make any payments of public  money  earlier
    12  than  the  earliest  dates  for making such payments as provided by this
    13  title.  If any of such payments would require payment on  a  weekend  or
    14  federal holiday, payment shall be made on the next business day.
    15    4.  Electronic  funds  transfer.  The  board shall promulgate rules to
    16  facilitate electronic funds transfers directly from  the  fund  into  an
    17  authorized committee's bank account.
    18    §  14-207. Use of matching funds; qualified campaign expenditures.  1.

    19  Matching funds provided under the provisions of this title may  be  used
    20  only  by an authorized committee for expenditures to further the partic-
    21  ipating candidate's  nomination  for  election  or  election,  including
    22  paying  for  debts  incurred  within  one  year  prior to an election to
    23  further  the  participating  candidate's  nomination  for  election   or
    24  election.
    25    2. Such matching funds may not be used for:
    26    (a) an expenditure in violation of any law;
    27    (b)  an  expenditure  in  excess of the fair market value of services,
    28  materials, facilities or other things of value received in exchange;
    29    (c) an expense incurred after the candidate has been finally disquali-
    30  fied from the ballot;

    31    (d) an expense incurred after  the  only  remaining  opponent  of  the
    32  candidate  has  been  finally  disqualified  from the general or special
    33  election ballot;
    34    (e) an expenditure made by cash payment;
    35    (f) a contribution or loan or  transfer  made  to  or  expenditure  to
    36  support  another candidate or political committee or party, committee or
    37  constituted committee;
    38    (g) an expenditure to exclusively support or oppose a candidate for an
    39  office other than that which the participating candidate seeks;
    40    (h) gifts, except brochures, buttons, signs and other printed campaign
    41  material;
    42    (i) legal fees to defend against a formal criminal charge;

    43    (j) payments to immediate family members of the  participating  candi-
    44  date; or
    45    (k)  any expenditure made to challenge the validity of any petition of
    46  designation or nomination or any certificate of nomination,  acceptance,
    47  authorization, declination or substitution.
    48    § 14-208. Powers and duties of board.  1. Advisory opinions. The board
    49  shall  render  advisory opinions with respect to questions arising under
    50  this title upon the written request of a  candidate,  an  officer  of  a
    51  political committee or member of the public, or upon its own initiative.
    52  The  board  shall promulgate rules regarding reasonable times to respond
    53  to such requests. The board shall make public the questions of interpre-

    54  tation for which advisory opinions will be considered by the  board  and
    55  its  advisory  opinions,  including  by  publication on its webpage with

        S. 6355--D                         39                         A. 8555--D
 
     1  identifying information redacted as the board determines to be appropri-
     2  ate.
     3    2. Public information and candidate education. The board shall develop
     4  a  program for informing candidates and the public as to the purpose and
     5  effect of the provisions of this title, including by means of a webpage.
     6  The board shall prepare in plain language and make available educational
     7  materials, including compliance manuals and summaries  and  explanations

     8  of the purposes and provisions of this title. The board shall prepare or
     9  have  prepared  and  make  available materials, including, to the extent
    10  feasible, computer software, to facilitate the task of  compliance  with
    11  the disclosure and record-keeping requirements of this title.
    12    3.  Rules  and  regulations.  The  board  shall  have the authority to
    13  promulgate such rules and regulations and provide such forms as it deems
    14  necessary for the administration of this title.
    15    4. The board shall work with the  enforcement  unit  to  enforce  this
    16  section.
    17    § 14-209. Audits and repayments.  1. Audits. The board shall audit and
    18  examine  all matters relating to the proper administration of this title

    19  and shall complete such  audit  no  later  than  six  months  after  the
    20  election in question.  Every candidate who receives matching funds under
    21  this  title  shall be audited by the board. The cost of complying with a
    22  post-election audit shall be borne by the candidate's authorized commit-
    23  tee using matching funds, private  funds  or  any  combination  of  such
    24  funds.    Candidates who run in both a primary and general election must
    25  maintain a reserve of three percent of the matching  funds  received  to
    26  comply  with  the  post-election  audit.   The board shall issue to each
    27  campaign audited a final audit report that details its findings.
    28    2. Repayments. (a) If the board determines that  any  portion  of  the

    29  payment  made to a candidate's authorized committee from the fund was in
    30  excess of the aggregate amount  of  payments  that  such  candidate  was
    31  eligible to receive pursuant to this title, it shall notify such commit-
    32  tee  and  such  committee  shall pay to the board an amount equal to the
    33  amount of excess payments. Provided,  however,  that  if  the  erroneous
    34  payment  was  the  result  of  an error by the board, then the erroneous
    35  payment will be deducted from any future payment,  if  any,  and  if  no
    36  payment is to be made then neither the candidate nor the committee shall
    37  be  liable  to  repay the excess amount to the board. The candidate, the
    38  treasurer and the  candidate's  authorized  committee  are  jointly  and

    39  severably liable for any repayments to the board.
    40    (b)  If the board determines that any portion of the payment made to a
    41  candidate's authorized committee from the fund  was  used  for  purposes
    42  other than qualified campaign expenditures, it shall notify such commit-
    43  tee  of  the  amount so disqualified and such committee shall pay to the
    44  board an amount equal to such disqualified amount.  The  candidate,  the
    45  treasurer  and  the  candidate's  authorized  committee  are jointly and
    46  severably liable for any repayments to the board.
    47    (c) If the total of payments from the fund received by a participating
    48  candidate and his or her authorized committee exceed the total  campaign
    49  expenditures  of  such  candidate  and  authorized committee for the two

    50  thousand fourteen comptroller election,  such  candidate  and  committee
    51  shall  use such excess funds to reimburse the fund for payments received
    52  by such authorized committee from the fund during such calendar. Partic-
    53  ipating candidates shall pay to the board unspent public campaign  funds
    54  from  an election not later than twenty-seven days after all liabilities
    55  for the election have been paid and in any event, not later than the day
    56  on which the board issues its final audit report for  the  participating

        S. 6355--D                         40                         A. 8555--D
 
     1  candidate's  authorized  committee;  provided, however, that all unspent
     2  public campaign funds for a participating candidate shall be immediately

     3  due and payable to the board upon a determination by the board that  the
     4  participant  has  knowingly  delayed the post-election audit.  A partic-
     5  ipating candidate may make post-election expenditures with public  funds
     6  only for routine activities involving nominal cost associated with wind-
     7  ing  up  a campaign and responding to the post-election audit except for
     8  liabilities incurred before the election.  Nothing in this  title  shall
     9  be  construed  to prevent a candidate or his or her authorized committee
    10  from using campaign contributions received from private contributors for
    11  otherwise lawful expenditures.
    12    3. The board shall promulgate regulations for the certification of the

    13  amount of funds payable by the comptroller, from  the  fund  established
    14  pursuant  to section ninety-two-t of the state finance law, to a partic-
    15  ipating candidate that has qualified  to  receive  such  payment.  These
    16  regulations  shall include the promulgation and distribution of forms on
    17  which contributions and expenditures are to  be  reported,  the  periods
    18  during  which  such reports must be filed and the verification required.
    19  The board shall institute procedures which will make possible payment by
    20  the fund within four business days after receipt of the  required  forms
    21  and verifications.
    22    §   14-210.   Enforcement  and  penalties  for  violations  and  other
    23  proceedings.  1. Civil penalties. Knowing violations of any provision of

    24  this title or rule promulgated pursuant to this title shall  be  subject
    25  to a civil penalty in an amount not in excess of ten thousand dollars.
    26    2. Notice of violation and opportunity to be heard. The board shall:
    27    (a)  determine  whether  a violation of any provision of this title or
    28  rule promulgated hereunder has been committed;
    29    (b) give written notice and the opportunity to be heard in  accordance
    30  with  the state administrative procedure act before an independent hear-
    31  ing officer to each person or  entity  it  has  reason  to  believe  has
    32  committed a violation; and
    33    (c)  if  appropriate,  assess penalties for violations, following such
    34  notice and opportunity to contest.

    35    3. Criminal conduct. Any person who knowingly and willfully  furnishes
    36  or  submits  false  statements or information to the board in connection
    37  with its administration of this title, shall be guilty of a  misdemeanor
    38  in addition to any other penalty as may be imposed under this chapter or
    39  pursuant  to any other law. The board shall seek to recover any matching
    40  funds obtained as a result of such criminal conduct.
    41    4. Proceedings as to matching  financing.  (a)  The  determination  of
    42  eligibility pursuant to this title and any question or issue relating to
    43  payments  for  campaign  expenditures  pursuant  to  this  title  may be
    44  contested in a proceeding instituted in the Supreme court, Albany  coun-
    45  ty, by any aggrieved candidate.

    46    (b)  A  proceeding with respect to such a determination of eligibility
    47  or payment for qualified campaign expenditures pursuant to this  chapter
    48  shall  be  instituted  within fourteen days after such determination was
    49  made. The board shall be made a party to any such proceeding.
    50    (c) Upon the board's failure to receive the amount due from a  partic-
    51  ipating  candidate  or  such  candidate's authorized committee after the
    52  issuance of written notice of such  amount  due,  as  required  by  this
    53  title,  the  board  is  authorized  to institute a special proceeding or
    54  civil action in Supreme Court, Albany county, to obtain a  judgment  for
    55  any  amounts  determined  to  be  payable to the board as a result of an

    56  examination and audit made pursuant to this  title  or  to  obtain  such

        S. 6355--D                         41                         A. 8555--D
 
     1  amounts  directly  from  the  candidate  or authorized committee after a
     2  hearing at the state board of elections.
     3    (d) The board is authorized to institute a special proceeding or civil
     4  action  in  Supreme Court, Albany county, to obtain a judgment for civil
     5  penalties determined to be payable to the board pursuant to  this  title
     6  or to impose such penalty directly after a hearing at the state board of
     7  elections.
     8    §  14-211.  Reports.  The board shall submit a report to the governor,
     9  the temporary president of the senate, and the speaker of the  assembly.

    10  Such report shall include:
    11    1.  a  list  of  the  participating and nonparticipating candidates in
    12  covered elections and the votes received  by  each  candidate  in  those
    13  elections;
    14    2.  the  amount  of contributions and loans received, and expenditures
    15  made, on behalf of these candidates;
    16    3. the amount of public matching funds  each  participating  candidate
    17  received, spent, and repaid pursuant to this title;
    18    4.  analysis  of  the  effect  of  this  title on political campaigns,
    19  including its effect on the sources and amounts  of  private  financing,
    20  the  level  of campaign expenditures, voter participation, the number of
    21  candidates, the candidates' ability to campaign effectively  for  public

    22  office,  and  the diversity of candidates seeking and elected to office;
    23  and
    24    5. recommendations for amendments to this title, including changes  in
    25  contribution  limits, thresholds for eligibility, and any other features
    26  of the system.
    27    § 14-212. Debates for candidates for comptroller.    The  board  shall
    28  promulgate  regulations to facilitate debates among participating candi-
    29  dates who seek election for the  office  of  comptroller.  Participating
    30  candidates  are  required  to  participate  in  one  debate  before each
    31  election for which the candidate receives  matching  funds,  unless  the
    32  participating  candidate  is  running unopposed. Nonparticipating candi-
    33  dates may participate in such debates.

    34    § 14-213. Severability.  If any clause, sentence,  subdivision,  para-
    35  graph,  section or part of this title be adjudged by any court of compe-
    36  tent jurisdiction to be invalid, such judgment shall not affect,  impair
    37  or invalidate the remainder thereof, but shall be confined in its opera-
    38  tion  to  the  clause, sentence, subdivision, paragraph, section or part
    39  thereof directly involved in the  controversy  in  which  such  judgment
    40  shall have been rendered.
    41    §  4. The state finance law is amended by adding a new section 92-t to
    42  read as follows:
    43    § 92-t. New York state campaign  finance  fund.  1.  There  is  hereby
    44  established  in  the  joint  custody  of  the  state comptroller and the

    45  commissioner of taxation and finance a fund to be known as the New  York
    46  state campaign finance fund.
    47    2. Such fund shall consist of all revenues received from the abandoned
    48  property fund pursuant to section ninety-five of this article.
    49    3. Moneys of the fund, following appropriation by the legislature, may
    50  be  expended  for the purposes of making payments to candidates pursuant
    51  to title II of article fourteen of the election law.   Moneys  shall  be
    52  paid  out of the fund upon audit and warrant by the state comptroller on
    53  vouchers certified or approved by the state board of elections,  or  its
    54  duly  designated  representative,  in  the manner prescribed by law, not
    55  more than four working days after such voucher is audited  and  approved

    56  by the state comptroller.

        S. 6355--D                         42                         A. 8555--D
 
     1    4.  No matching funds shall be paid to any participating candidates in
     2  a primary election  any  earlier  than  thirty  days  after  designating
     3  petitions,  independent  nominating  petitions, or certificates of nomi-
     4  nation have been filed and not less than  forty-five  days  before  such
     5  election.
     6    5.  No matching funds shall be paid to any participating candidates in
     7  a general election any earlier than the day after the day of the primary
     8  election held to nominate candidates for such election.
     9    6. No matching funds shall be paid to any participating candidate  who

    10  has  been disqualified or whose designating petitions have been declared
    11  invalid by the appropriate board of elections or a  court  of  competent
    12  jurisdiction until and unless such finding is reversed by a higher court
    13  in a final judgment.  No payment from the fund in the possession of such
    14  a  candidate  or such candidate's participating committee on the date of
    15  such disqualification or invalidation may thereafter be expended for any
    16  purpose except the payment of liabilities  incurred  before  such  date.
    17  All such moneys shall be repaid to the fund.
    18    §  5.  Section  95 of the state finance law is amended by adding a new
    19  subdivision 5 to read as follows:
    20    5. (a) As often as necessary, the co-chairs  of  the  state  board  of

    21  elections shall certify the amount such co-chairs have determined neces-
    22  sary  to  fund  estimated  payments from the fund established by section
    23  ninety-two-t of this article for the primary or general election.
    24    (b) Notwithstanding any provision  of  this  section  authorizing  the
    25  transfer  of  any  moneys  in the abandoned property fund to the general
    26  fund, the comptroller, after reserving amounts sufficient to pay  claims
    27  against  the  abandoned property fund, shall, based upon a certification
    28  of the board of elections pursuant to paragraph (a) of this subdivision,
    29  and at the direction  of  the  director  of  the  budget,  transfer  the
    30  requested  amount from remaining available monies in the abandoned prop-

    31  erty fund to the campaign finance fund established  by  section  ninety-
    32  two-t of this article.
    33    §  6.  Severability.  If any clause, sentence, subdivision, paragraph,
    34  section or part of title II of article 14 of the election law, as  added
    35  by  section  three  of  this  act  be adjudged by any court of competent
    36  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
    37  invalidate the remainder thereof, but shall be confined in its operation
    38  to the clause, sentence, subdivision, paragraph, section or part thereof
    39  directly  involved  in the controversy in which such judgment shall have
    40  been rendered.
    41    § 7. This act shall take effect immediately and shall  expire  and  be
    42  deemed repealed December 31, 2014; provided that the powers of the board
    43  of  elections  to conduct audits and make determinations with respect to

    44  enforcement and penalties pursuant to sections 14-209 and 14-210 of  the
    45  election  law,  as added by section three of this act, shall continue in
    46  such board notwithstanding the repeal of such sections until  such  time
    47  as the board of elections shall determine.
    48    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    49  sion, section or part of this act shall be adjudged by a court of compe-
    50  tent jurisdiction to be invalid, such judgment shall not affect, impair,
    51  or invalidate the remainder thereof, but shall be confined in its opera-
    52  tion  to  the  clause, sentence, paragraph, subdivision, section or part
    53  thereof directly involved in the  controversy  in  which  such  judgment
    54  shall  have been rendered. It is hereby declared to be the intent of the
    55  legislature that this act would have been enacted even if  such  invalid
    56  provisions had not been included herein.

        S. 6355--D                         43                         A. 8555--D
 
     1    §  3.  This  act shall take effect immediately provided, however, that
     2  the applicable effective date of Subparts A through D of this act  shall
     3  be as specifically set forth in the last section of such Subparts.
 
     4                                   PART I
 
     5    Section  1. The state comptroller is hereby authorized and directed to
     6  loan money in accordance with the provisions set forth in subdivision  5
     7  of  section  4  of  the  state finance law to the following funds and/or
     8  accounts:
     9    1. Tuition reimbursement account (20451).
    10    2. Proprietary vocational school supervision account (20452).
    11    3. Local government records management account (20501).
    12    4. Child health plus program account (20810).
    13    5. Hospital based grants program account (20812).

    14    6. EPIC premium account (20818).
    15    7. Education - New (20901).
    16    8. VLT - Sound basic education fund (20904).
    17    9.  Sewage  treatment  program  management  and  administration   fund
    18  (21000).
    19    10. Hazardous bulk storage account (21061).
    20    11. Federal grants indirect cost recovery account (21065).
    21    12. Low level radioactive waste account (21066).
    22    13. Recreation account (21067).
    23    14. Public safety recovery account (21077).
    24    15. Conservationist magazine account (21080).
    25    16. Environmental regulatory account (21081).
    26    17. Natural resource account (21082).
    27    18. Mined land reclamation program account (21084).
    28    19. Great lakes restoration initiative account (21087).
    29    20. Environmental protection and oil spill compensation fund (21200).
    30    21. Public transportation systems account (21401).
    31    22. Metropolitan mass transportation (21402).

    32    23. Operating permit program account (21451).
    33    24. Mobile source account (21452).
    34    25.   Statewide  planning  and  research  cooperative  system  account
    35  (21902).
    36    26. OPWDD provider of service account (21903).
    37    27. Mental hygiene program fund account (21907).
    38    28. Mental hygiene patient income account (21909).
    39    29. Financial control board account (21911).
    40    30. Regulation of racing account (21912).
    41    31. New York Metropolitan Transportation Council account (21913).
    42    32. Cyber upgrade account (21919).
    43    33. State university dormitory income reimbursable account (21937).
    44    34. Energy research account (21943).
    45    35. Criminal justice improvement account (21945).
    46    36. Fingerprint identification and technology account (21950).
    47    37. Environmental laboratory reference fee account (21959).

    48    38. Clinical laboratory reference system assessment account (21962).
    49    39. Public employment relations board account (21964).
    50    40. Indirect cost recovery account (21978).
    51    41. High school equivalency program account (21979).
    52    42. Multi-agency training account (21989).
    53    43. Bell jar collection account (22003).
    54    44. Industry and utility service account (22004).

        S. 6355--D                         44                         A. 8555--D
 
     1    45. Real property disposition account (22006).
     2    46. Parking account (22007).
     3    47. Asbestos safety training program account (22009).
     4    48. Batavia school for the blind account (22032).
     5    49. Investment services account (22034).
     6    50. Surplus property account (22036).
     7    51. Financial oversight account (22039).
     8    52. Regulation of indian gaming account (22046).

     9    53. Rome school for the deaf account (22053).
    10    54. Seized assets account (22054).
    11    55. Administrative adjudication account (22055).
    12    56. Federal salary sharing account (22056).
    13    57. New York City assessment account (22062).
    14    58. Cultural education account (22063).
    15    59. Local services account (22078).
    16    60. DHCR mortgage servicing account (22085).
    17    61. Department of motor vehicles compulsory insurance account (22087).
    18    62. Housing indirect cost recovery account (22090).
    19    63. Accident prevention course program account (22094).
    20    64. DHCR-HCA application fee account (22100).
    21    65. Low income housing monitoring account (22130).
    22    66. Corporation administration account (22135).
    23    67. Montrose veteran's home account (22144).
    24    68. Deferred compensation administration account (22151).
    25    69. Rent revenue other New York City account (22156).

    26    70. Rent revenue account (22158).
    27    71. Tax revenue arrearage account (22168).
    28    72. State university general income offset account (22654).
    29    73. State police motor vehicle law enforcement account (22802).
    30    74. Highway safety program account (23001).
    31    75. EFC drinking water program account (23101).
    32    76. DOH drinking water program account (23102).
    33    77. NYCCC operating offset account (23151).
    34    78. Commercial gaming revenue account (23701).
    35    79. Commercial gaming regulation account (23702).
    36    80. Highway and bridge capital account (30051).
    37    81. State university residence hall rehabilitation fund (30100).
    38    82. State parks infrastructure account (30351).
    39    83. Clean water/clean air implementation fund (30500).
    40    84. Hazardous waste remedial cleanup account (31506).
    41    85. Youth facilities improvement account (31701).

    42    86. Housing assistance fund (31800).
    43    87. Housing program fund (31850).
    44    88. Highway facility purpose account (31951).
    45    89.  Miscellaneous capital projects fund, information technology capi-
    46  tal financing account.
    47    90. New York racing account (32213).
    48    91. Mental hygiene facilities capital improvement fund (32300).
    49    92. Correctional facilities capital improvement fund (32350).
    50    93. New York State Storm Recovery Capital Fund (33000).
    51    94. OGS convention center account (50318).
    52    95. Centralized services fund (55000).
    53    96. Archives records management account (55052).
    54    97. Federal single audit account (55053).
    55    98. Civil service law section II administrative account (55055).
    56    99. Civil service EHS occupational health program account (55056).


        S. 6355--D                         45                         A. 8555--D
 
     1    100. Banking services account (55057).
     2    101. Cultural resources survey account (55058).
     3    102. Neighborhood work project (55059).
     4    103. Automation & printing chargeback account (55060).
     5    104. OFT NYT account (55061).
     6    105. Data center account (55062).
     7    106. Human service telecom account (55063).
     8    107. Intrusion detection account (55066).
     9    108. Domestic violence grant account (55067).
    10    109. Centralized technology services account (55069).
    11    110. Labor contact center account (55071).
    12    111. Human services contact center account (55072).
    13    112. Tax contact center account (55073).
    14    113. Joint labor/management administration fund (55201).
    15    114. Executive direction internal audit account (55251).
    16    115. CIO Information technology centralized services account (55252).

    17    116. Health insurance internal service account (55300).
    18    117.  Civil  service employee benefits division administrative account
    19  (55301).
    20    118. Correctional industries revolving fund (55350).
    21    119. Employees health insurance account (60201).
    22    120. Medicaid management information system escrow fund (60900).
    23    § 1-a. The state comptroller is hereby authorized and directed to loan
    24  money in accordance with the provisions set forth in  subdivision  5  of
    25  section  4  of the state finance law to any account within the following
    26  federal funds, provided the comptroller has made  a  determination  that
    27  sufficient  federal grant award authority is available to reimburse such
    28  loans:
    29    1. Federal USDA-food and nutrition services fund. (25000).
    30    2. Federal health and human services fund (25100).
    31    3. Federal education fund (25200).

    32    4. Federal block grant fund (25250).
    33    5. Federal miscellaneous operating grants fund. (25300)
    34    6. Federal unemployment insurance administration fund (25900).
    35    7. Federal unemployment insurance occupational training fund (25950).
    36    8. Federal emergency employment act fund (26000).
    37    9. Federal capital projects fund (31350).
    38    § 2. Notwithstanding any law to the contrary, and in  accordance  with
    39  section 4 of the state finance law, the comptroller is hereby authorized
    40  and directed to transfer, upon request of the director of the budget, on
    41  or  before March 31, 2015, up to the unencumbered balance or the follow-
    42  ing amounts:
    43    Economic Development and Public Authorities:
    44    1. $175,000 from the miscellaneous special revenue  fund,  underground
    45  facilities safety training account (22172), to the general fund.

    46    2.  An  amount  up  to the unencumbered balance from the miscellaneous
    47  special revenue fund, business and licensing services  account  (21977),
    48  to the general fund.
    49    3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
    50  enforcement account (21904), to the general fund.
    51    4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
    52  revenue fund, tax revenue arrearage account (22168).
    53    5.  $350,000  from  the  state  exposition  special  fund,  state fair
    54  receipts account (50051), to the general fund.
    55    Education:

        S. 6355--D                         46                         A. 8555--D
 
     1    1. $2,265,000,000 from the general fund to  the  state  lottery  fund,
     2  education  account (20901), as reimbursement for disbursements made from
     3  such fund for supplemental aid to education pursuant to section 92-c  of

     4  the  state  finance  law  that are in excess of the amounts deposited in
     5  such fund for such purposes pursuant to section 1612 of the tax law.
     6    2.  $950,604,000  from the general fund to the state lottery fund, VLT
     7  education account (20904), as reimbursement for disbursements made  from
     8  such  fund for supplemental aid to education pursuant to section 92-c of
     9  the state finance law that are in excess of  the  amounts  deposited  in
    10  such fund for such purposes pursuant to section 1612 of the tax law.
    11    3.  Moneys  from  the  state lottery fund up to an amount deposited in
    12  such fund pursuant to section 1612 of the  tax  law  in  excess  of  the
    13  current year appropriation for supplemental aid to education pursuant to
    14  section 92-c of the state finance law.
    15    4.  $300,000  from the local government records management improvement
    16  fund (20500) to the archives partnership trust fund (20350).

    17    5. $900,000 from the general fund to the miscellaneous special revenue
    18  fund, Batavia school for the blind account (22032).
    19    6. $900,000 from the general fund to the miscellaneous special revenue
    20  fund, Rome school for the deaf account (22053).
    21    7. $343,400,000  from  the  state  university  dormitory  income  fund
    22  (40350)  to  the  miscellaneous  special  revenue fund, state university
    23  dormitory income reimbursable account (21937).
    24    8. $24,000,000 from any of  the  state  education  department  special
    25  revenue  and internal service funds to the miscellaneous special revenue
    26  fund, indirect cost recovery account (21978).
    27    9. $8,318,000 from the general fund to  the  state  university  income
    28  fund,  state  university  income offset account (22654), for the state's
    29  share of repayment of the STIP loan.
    30    10. $64,000,000 from the state university income fund, state universi-

    31  ty hospitals income reimbursable account (22656) to the general fund for
    32  hospital debt service for the period April 1,  2014  through  March  31,
    33  2015.
    34    Environmental Affairs:
    35    1.  $16,000,000  from any of the department of environmental conserva-
    36  tion's special revenue federal funds to the  environmental  conservation
    37  special revenue fund, federal indirect recovery account (21065).
    38    2.  $2,000,000  from  any of the department of environmental conserva-
    39  tion's special revenue federal funds to the conservation fund as  neces-
    40  sary to avoid diversion of conservation funds.
    41    3. $3,000,000 from any of the office of parks, recreation and historic
    42  preservation  capital projects federal funds and special revenue federal
    43  funds to the miscellaneous special revenue fund, federal grant  indirect
    44  cost recovery account (22188).

    45    4. $1,000,000 from any of the office of parks, recreation and historic
    46  preservation  special revenue federal funds to the miscellaneous special
    47  revenue fund, I love NY water account (21930).
    48    5. $5,000,000 from the general fund to  the  environmental  protection
    49  fund, environmental protection fund transfer account (30451).
    50    Family Assistance:
    51    1. $10,000,000 from any of the office of children and family services,
    52  office  of  temporary and disability assistance, or department of health
    53  special revenue federal funds and the general fund, in  accordance  with
    54  agreements  with social services districts, to the miscellaneous special
    55  revenue fund, office of human resources development state match  account
    56  (21967).

        S. 6355--D                         47                         A. 8555--D
 

     1    2.  $3,000,000  from any of the office of children and family services
     2  or office of temporary and disability assistance special revenue federal
     3  funds to the miscellaneous special revenue fund, family preservation and
     4  support services and family violence services account (22082).
     5    3. $18,670,000 from any of the office of children and family services,
     6  office  of  temporary and disability assistance, or department of health
     7  special revenue federal  funds  and  any  other  miscellaneous  revenues
     8  generated  from  the operation of office of children and family services
     9  programs to the general fund.
    10    4. $205,000,000 from any of the office  of  temporary  and  disability
    11  assistance  or department of health special revenue funds to the general
    12  fund.
    13    5. $2,500,000 from any of  the  office  of  temporary  and  disability

    14  assistance  or  office  of  children and family services special revenue
    15  federal funds to the  miscellaneous  special  revenue  fund,  office  of
    16  temporary and disability assistance program account (21980).
    17    6. $35,000,000 from any of the office of children and family services,
    18  office  of temporary and disability assistance, department of labor, and
    19  department of health special revenue federal  funds  to  the  office  of
    20  children  and family services miscellaneous special revenue fund, multi-
    21  agency training contract account (21989).
    22    7. $122,000,000 from the miscellaneous  special  revenue  fund,  youth
    23  facility per Diem account (22186), to the general fund.
    24    8.  $621,850  from the general fund to the combined gifts, grants, and
    25  bequests fund, WB Hoyt Memorial account (20128).
    26    9. $2,500,000 from  the  miscellaneous  special  revenue  fund,  state

    27  central registry (22028) to the general fund.
    28    General Government:
    29    1. $1,566,000 from the miscellaneous special revenue fund, examination
    30  and miscellaneous revenue account (22065) to the general fund.
    31    2. $12,500,000 from the general fund to the health insurance revolving
    32  fund (55300).
    33    3.  $192,400,000  from  the  health  insurance  reserve  receipts fund
    34  (60550) to the general fund.
    35    4. $150,000 from the general fund to the not-for-profit revolving loan
    36  fund (20650).
    37    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
    38  general fund.
    39    6. $30,000,000 from the miscellaneous special revenue fund, real prop-
    40  erty disposition account (22006), to the general fund.
    41    7. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
    42  property account (22036), to the general fund.

    43    8.  $19,900,000  from  the  general  fund to the miscellaneous special
    44  revenue fund, alcoholic beverage control account (22033).
    45    9. $23,000,000 from the miscellaneous special  revenue  fund,  revenue
    46  arrearage account (22024), to the general fund.
    47    10.  $1,826,000  from  the miscellaneous special revenue fund, revenue
    48  arrearage account (22024), to the miscellaneous  special  revenue  fund,
    49  authority budget office account (22138).
    50    11.  $1,000,000  from  the miscellaneous special revenue fund, parking
    51  services account (22007), to the general fund, for the purpose of  reim-
    52  bursing the costs of debt service related to state parking facilities.
    53    12.  $21,800,000  from  the general fund to the internal service fund,
    54  COPS account (55013).

        S. 6355--D                         48                         A. 8555--D
 

     1    13. $14,000,000 from the general fund to the agencies internal service
     2  fund, central technology services account (55069), for  the  purpose  of
     3  enterprise technology projects.
     4    Health:
     5    1. $64,600,000 from the miscellaneous special revenue fund, quality of
     6  care account (21915) to the general fund.
     7    2.  $1,000,000 from the general fund to the combined gifts, grants and
     8  bequests fund, breast cancer research and education account (20155),  an
     9  amount  equal to the monies collected and deposited into that account in
    10  the previous fiscal year.
    11    3. $1,464,000 from any of the department of health accounts within the
    12  federal health and human services  fund  to  the  department  of  health
    13  miscellaneous  special  revenue  fund,  statewide  planning and research
    14  cooperation system (SPARCS) program account (21902).

    15    4. $250,000 from the general fund to the combined  gifts,  grants  and
    16  bequests  fund,  prostate  cancer  research,  detection,  and  education
    17  account (20183), an amount equal to the moneys collected  and  deposited
    18  into that account in the previous fiscal year.
    19    5.  $500,000  from  the general fund to the combined gifts, grants and
    20  bequests fund,  Alzheimer's  disease  research  and  assistance  account
    21  (20143), an amount equal to the moneys collected and deposited into that
    22  account in the previous fiscal year.
    23    6.  $26,527,000 from the HCRA resources fund (20800), to the miscella-
    24  neous special revenue fund, empire state stem cell  trust  fund  account
    25  (22161).
    26    7.  $11,373,000  from  the  general  fund to the miscellaneous special
    27  revenue fund, empire state stem cell trust fund (22161).
    28    8. $64,600,000 from any of the department of  health  accounts  within

    29  the  federal health and human services fund to the miscellaneous special
    30  revenue fund, quality of care account (21915).
    31    9. $4,000,000 from the miscellaneous special revenue fund, certificate
    32  of need account (21920), to the  miscellaneous  capital  projects  fund,
    33  healthcare IT capital subfund.
    34    10.  $3,000,000  from the miscellaneous special revenue fund, adminis-
    35  tration program account (21982), to the miscellaneous  capital  projects
    36  fund, healthcare IT capital subfund.
    37    11.  $3,000,000  from  the  miscellaneous  special revenue fund, vital
    38  records account (22103), to the  miscellaneous  capital  projects  fund,
    39  healthcare IT capital subfund.
    40    12.  $65,000,000  from  the HCRA resources fund (20800) to the capital
    41  projects fund (30000).
    42    13. $3,700,000 from the miscellaneous  New  York  state  agency  fund,

    43  Medicaid recoveries account (60615), to the general fund.
    44    Labor:
    45    1.  $400,000  from the miscellaneous special revenue fund, DOL fee and
    46  penalty account (21923), to the child performer's protection fund, child
    47  performer protection account (20401).
    48    2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
    49  penalty account (21923), to the general fund.
    50    3. $3,300,000 from the unemployment  insurance  interest  and  penalty
    51  fund,  unemployment  insurance  special  interest  and  penalty  account
    52  (23601), to the general fund.
    53    Mental Hygiene:
    54    1. $10,000,000 from the miscellaneous  special  revenue  fund,  mental
    55  hygiene  patient  income  account  (21909), to the miscellaneous special
    56  revenue fund, federal salary sharing account (22056).

        S. 6355--D                         49                         A. 8555--D
 

     1    2. $100,000,000 from the miscellaneous special  revenue  fund,  mental
     2  hygiene  patient  income  account  (21909), to the miscellaneous special
     3  revenue fund, provider of service accounts (21903).
     4    3.  $100,000,000  from  the miscellaneous special revenue fund, mental
     5  hygiene program fund  account  (21907),  to  the  miscellaneous  special
     6  revenue fund, provider of service account (21903).
     7    4.  $1,250,000,000  from the general fund to the miscellaneous special
     8  revenue fund, mental hygiene patient income account (21909).
     9    5. $1,600,000,000 from the general fund to the  miscellaneous  special
    10  revenue fund, mental hygiene program fund account (21907).
    11    6.  $100,000,000  from  the miscellaneous special revenue fund, mental
    12  hygiene program fund account (21907), to the general fund.
    13    7. $100,000,000 from the miscellaneous special  revenue  fund,  mental

    14  hygiene patient income account (21909), to the general fund.
    15    Public Protection:
    16    1.  $1,350,000  from the miscellaneous special revenue fund, emergency
    17  management account (21944), to the general fund.
    18    2. $3,300,000 from the  general  fund  to  the  miscellaneous  special
    19  revenue fund, recruitment incentive account (22171).
    20    3.  $13,000,000  from  the general fund to the correctional industries
    21  revolving  fund,  correctional  industries  internal   service   account
    22  (55350).
    23    4.  $12,000,000  from the federal miscellaneous operating grants fund,
    24  DMNA damage account (25324), to the general fund.
    25    5. $14,300,000 from the general  fund  to  the  miscellaneous  special
    26  revenue fund, crimes against revenue program account (22015).
    27    6.  $9,100,000  from  the miscellaneous special revenue fund, criminal
    28  justice improvement account (21945), to the general fund.

    29    7. $50,000,000 from the miscellaneous special revenue fund,  statewide
    30  public safety communications account (22123), to the general fund.
    31    8.  $106,000,000  from  the state police motor vehicle law enforcement
    32  and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
    33  police  motor  vehicle  enforcement account (22802), to the general fund
    34  for state operation expenses of the division of state police.
    35    9. $21,500,000 from the general fund to  the  correctional  facilities
    36  capital improvement fund (32350).
    37    10.  $5,000,000  from  the  general  fund to the dedicated highway and
    38  bridge trust fund (30050) for the purpose of work zone safety activities
    39  provided by the division of state police for the department of transpor-
    40  tation.
    41    11. $5,000,000 from the miscellaneous special revenue fund,  statewide

    42  public  safety  communications  account (22123), to the capital projects
    43  fund (30000).
    44    12. $2,000,000 from the  miscellaneous  special  revenue  fund,  legal
    45  services assistance account (22096), to the general fund.
    46    Transportation:
    47    1. $17,672,000 from the federal miscellaneous operating grants fund to
    48  the  miscellaneous special revenue fund, New York Metropolitan Transpor-
    49  tation Council account (21913).
    50    2. $20,147,000 from the federal capital projects fund to the miscella-
    51  neous special revenue fund, New York Metropolitan Transportation Council
    52  account (21913).
    53    3. $15,700,000 from the miscellaneous special revenue fund, compulsory
    54  insurance account (22087), to the general fund.

        S. 6355--D                         50                         A. 8555--D
 

     1    4. $12,000,000 from the general fund to the mass transportation  oper-
     2  ating  assistance  fund, public transportation systems operating assist-
     3  ance account (21401).
     4    5.  $662,483,000  from  the  general fund to the dedicated highway and
     5  bridge trust fund (30050).
     6    6. $606,000 from the  miscellaneous  special  revenue  fund,  accident
     7  prevention course program account (22094), to the general fund.
     8    7.  $6,000  from  the  miscellaneous  special revenue fund, motorcycle
     9  safety account (21976), to the general fund.
    10    8. $309,250,000 from the general fund to the MTA financial  assistance
    11  fund, mobility tax trust account (23651).
    12    9. $30,000,000 from the mass transportation operating assistance fund,
    13  metropolitan  mass  transportation operating assistance account (21402),
    14  to the general debt service  fund  (40150),  for  reimbursement  of  the

    15  state's expenses in connection with payments of debt service and related
    16  expenses  for  the metropolitan transportation authority's state service
    17  contract bonds.
    18    10. $2,500,000 from the miscellaneous special revenue fund, rail safe-
    19  ty inspection account (21983) to the dedicated highway and bridge  trust
    20  fund (30050).
    21    11.  $5,000,000 from the miscellaneous special revenue fund, transpor-
    22  tation regulation account (22067) to the dedicated  highway  and  bridge
    23  trust  fund  (30050),  for  disbursements  made from such fund for motor
    24  carrier safety that are in excess of the amounts deposited in the  dedi-
    25  cated highway and bridge trust fund (30050) for such purpose pursuant to
    26  section 94 of the transportation law.
    27    12.  $2,808,096 from the general fund to the mass transportation oper-
    28  ating assistance fund, public transportation systems  operating  assist-

    29  ance account (20401).
    30    Miscellaneous:
    31    1. $150,000,000 from the general fund to any funds or accounts for the
    32  purpose of reimbursing certain outstanding accounts receivable balances.
    33    2.  $500,000,000  from  the general fund to the debt reduction reserve
    34  fund (40000).
    35    3. $450,000,000 from the New York state storm  recovery  capital  fund
    36  (33000) to the revenue bond tax fund (40152).
    37    4.  $15,500,000  from  the general fund, community projects account GG
    38  (10256), to the general fund, state purposes account (10050).
    39    § 3. Notwithstanding any law to the contrary, and in  accordance  with
    40  section 4 of the state finance law, the comptroller is hereby authorized
    41  and directed to transfer, on or before March 31, 2015:
    42    1.  Upon request of the commissioner of environmental conservation, up
    43  to $11,283,800 from revenues credited to any of the department of  envi-

    44  ronmental  conservation special revenue funds, including $3,275,400 from
    45  the environmental protection and oil spill  compensation  fund  (21200),
    46  and  $1,773,600 from the conservation fund (21150), to the environmental
    47  conservation special revenue fund, indirect charges account (21060).
    48    2. Upon request of the commissioner of agriculture and markets, up  to
    49  $3,000,000  from  any special revenue fund or enterprise fund within the
    50  department of agriculture and markets to the general fund, to pay appro-
    51  priate administrative expenses.
    52    3. Upon request of the commissioner of agriculture and markets, up  to
    53  $2,000,000  from  the state exposition special fund, state fair receipts
    54  account (50051) to the miscellaneous capital projects fund,  state  fair
    55  capital improvement account (32208).


        S. 6355--D                         51                         A. 8555--D
 
     1    4.  Upon  request  of  the commissioner of the division of housing and
     2  community renewal, up to $6,221,000 from revenues credited to any  divi-
     3  sion  of  housing and community renewal federal or miscellaneous special
     4  revenue fund to the miscellaneous special revenue fund, housing indirect
     5  cost recovery account (22090).
     6    5.  Upon  request  of  the commissioner of the division of housing and
     7  community renewal, up to $5,500,000 may be transferred from any  miscel-
     8  laneous  special  revenue  fund  account,  to  any miscellaneous special
     9  revenue fund.
    10    6. Upon request of the commissioner of health up  to  $5,000,000  from
    11  revenues  credited  to any of the department of health's special revenue
    12  funds, to the miscellaneous special revenue fund, administration account
    13  (21982).

    14    § 3-a.  Employees of the division of military and naval affairs in the
    15  unclassified service of the state, who are substantially engaged in  the
    16  performance of duties to support business and financial services, admin-
    17  istrative services, payroll administration, time and attendance, benefit
    18  administration and other transactional human resources functions, may be
    19  transferred  to  the  office  of general services in accordance with the
    20  provisions of section 45 of the civil service law as if  the  state  had
    21  taken  over a private entity. No employee who is transferred pursuant to
    22  this act shall suffer a reduction in basic annual salary as a result  of
    23  the transfer.
    24    §  4.  Notwithstanding  section  2815  of the public health law or any
    25  other contrary provision of law, upon the direction of the  director  of

    26  the  budget  and  the commissioner of health, the dormitory authority of
    27  the state of New York is directed to transfer $7,000,000  annually  from
    28  funds  available  and  uncommitted  in  the  New  York state health care
    29  restructuring pool to the health care reform act (HCRA) resources fund -
    30  HCRA resources account.
    31    § 5. On or before March 31, 2015, the comptroller is hereby authorized
    32  and directed to deposit earnings that  would  otherwise  accrue  to  the
    33  general  fund  that are attributable to the operation of section 98-a of
    34  the state finance law, to the agencies internal  service  fund,  banking
    35  services  account  (55057),  for  the purpose of meeting direct payments
    36  from such account.
    37    § 6. Notwithstanding any law to the contrary, upon  the  direction  of
    38  the  director of the budget and upon requisition by the state university

    39  of New York, the dormitory  authority  of  the  state  of  New  York  is
    40  directed  to  transfer, up to $22,000,000 in revenues generated from the
    41  sale of notes or  bonds,  to  the  state  university  of  New  York  for
    42  reimbursement  of bondable equipment for further transfer to the state's
    43  general fund.
    44    § 7. Notwithstanding any law to the contrary, and in  accordance  with
    45  section 4 of the state finance law, the comptroller is hereby authorized
    46  and directed to transfer, upon request of the director of the budget and
    47  upon  consultation  with  the  state university chancellor or his or her
    48  designee, on or before March 31, 2015, up to $16,000,000 from the  state
    49  university  income  fund  general  revenue  account (22653) to the state
    50  general fund for debt service costs related to campus supported  capital
    51  project  costs  for  the  NY-SUNY  2020  challenge  grant program at the

    52  University at Buffalo.
    53    § 8. Notwithstanding any law to the contrary, and in  accordance  with
    54  section 4 of the state finance law, the comptroller is hereby authorized
    55  and directed to transfer, upon request of the director of the budget and
    56  upon  consultation  with  the  state university chancellor or his or her

        S. 6355--D                         52                         A. 8555--D
 
     1  designee, on or before March 31, 2015, up to $6,500,000 from  the  state
     2  university  income  fund  general  revenue  account (22653) to the state
     3  general fund for debt service costs related to campus supported  capital
     4  project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
     5  University at Albany.
     6    § 9. Notwithstanding any law to the  contrary,  the  state  university

     7  chancellor or his or her designee is authorized and directed to transfer
     8  estimated  tuition revenue balances from the state university collection
     9  fund (61000) to the  state  university  income  fund,  state  university
    10  general revenue offset account (22655) on or before March 31, 2015.
    11    §  10. Notwithstanding any law to the contrary, and in accordance with
    12  section 4 of the state finance law, the comptroller is hereby authorized
    13  and directed to transfer, upon request of the director of the budget, up
    14  to $87,764,000 from the general fund  to  the  state  university  income
    15  fund,  state  university  hospitals  income reimbursable account (22656)
    16  during the period July 1, 2014 through June 30, 2015 to reflect  ongoing
    17  state  subsidy  of  SUNY  hospitals and to pay costs attributable to the
    18  SUNY hospitals' state agency status.

    19    § 11. Notwithstanding any law to the contrary, and in accordance  with
    20  section 4 of the state finance law, the comptroller is hereby authorized
    21  and directed to transfer, upon request of the director of the budget, up
    22  to  $976,161,900  from  the  general fund to the state university income
    23  fund, state university general revenue offset account (22655) during the
    24  period of July 1, 2014 through June 30, 2015 to  support  operations  at
    25  the state university.
    26    §  12. Notwithstanding any law to the contrary, and in accordance with
    27  section 4 of the state finance law, the comptroller is hereby authorized
    28  and directed to transfer, upon request of the state university  chancel-
    29  lor  or his or her designee, up to $50,000,000 from the state university
    30  income fund, state  university  hospitals  income  reimbursable  account

    31  (22656),  for  services  and expenses of hospital operations and capital
    32  expenditures at the state university hospitals; and the state university
    33  income fund, Long Island veterans' home account  (22652)  to  the  state
    34  university capital projects fund (32400) on or before June 30, 2015.
    35    §  13. Notwithstanding any law to the contrary, and in accordance with
    36  section 4 of the state finance law, the comptroller, after  consultation
    37  with  the  state university chancellor or his or her designee, is hereby
    38  authorized and directed to transfer moneys, in the first instance,  from
    39  the  state  university  collection fund, Stony Brook hospital collection
    40  account (61006), Brooklyn hospital collection account (61007), and Syra-
    41  cuse hospital collection account (61008) to the state university  income
    42  fund,  state university hospitals income reimbursable account (22656) in

    43  the event insufficient funds  are  available  in  the  state  university
    44  income  fund,  state  university  hospitals  income reimbursable account
    45  (22656) to permit the full transfer of moneys authorized  for  transfer,
    46  to  the  general  fund  for  payment of debt service related to the SUNY
    47  hospitals. Notwithstanding any law to the contrary, the  comptroller  is
    48  also  hereby  authorized and directed, after consultation with the state
    49  university chancellor or his or her designee, to  transfer  moneys  from
    50  the  state  university  income fund to the state university income fund,
    51  state university hospitals income reimbursable account  (22656)  in  the
    52  event  insufficient  funds  are available in the state university income
    53  fund, state university hospitals income reimbursable account (22656)  to
    54  pay  hospital  operating  costs or to permit the full transfer of moneys

    55  authorized for transfer, to the general fund for payment of debt service
    56  related to the SUNY hospitals on or before March 31, 2015.

        S. 6355--D                         53                         A. 8555--D
 
     1    § 14. Notwithstanding any law to the contrary, upon the  direction  of
     2  the director of the budget and the chancellor of the state university of
     3  New York or his or her designee, and in accordance with section 4 of the
     4  state  finance law, the comptroller is hereby authorized and directed to
     5  transfer  monies from the state university dormitory income fund (40350)
     6  to the state university residence hall rehabilitation fund (30100),  and
     7  from  the state university residence hall rehabilitation fund (30100) to
     8  the state university dormitory income fund (40350), in an amount not  to
     9  exceed in the aggregate $80 million.

    10    §  15. Notwithstanding any law to the contrary, and in accordance with
    11  section 4 of the state finance law, the comptroller is hereby authorized
    12  and directed to transfer monies, upon request of  the  director  of  the
    13  budget,  on  or  before March 31, 2015, from and to any of the following
    14  accounts: the miscellaneous special revenue fund, patient income account
    15  (21909), the miscellaneous special revenue fund, mental hygiene  program
    16  fund  account  (21907),  the miscellaneous special revenue fund, federal
    17  salary sharing account (22056) or the general fund in  any  combination,
    18  the aggregate of which shall not exceed $350 million.
    19    §  16. Notwithstanding any law to the contrary, and in accordance with
    20  section 4 of the state finance law, the comptroller is hereby authorized
    21  and directed to transfer, at the request of the director of the  budget,

    22  up  to $500 million from the unencumbered balance of any special revenue
    23  fund or account, or combination of funds and accounts,  to  the  general
    24  fund. The amounts transferred pursuant to this authorization shall be in
    25  addition  to  any  other  transfers  expressly authorized in the 2014-15
    26  budget. Transfers  from  federal  funds,  debt  service  funds,  capital
    27  projects  funds, the community projects fund, or funds that would result
    28  in the loss of eligibility for federal benefits or federal funds  pursu-
    29  ant to federal law, rule, or regulation as assented to in chapter 683 of
    30  the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
    31  pursuant to this authorization.
    32    § 16-a. Notwithstanding any law to the  contrary,  and  in  accordance
    33  with  section  4  of  the  state  finance law, the comptroller is hereby

    34  authorized and directed to transfer, at the request of the  director  of
    35  the  budget,  up  to twenty-eight million dollars ($28,000,000) from the
    36  unencumbered balance of any special revenue fund or account, or combina-
    37  tion of funds and accounts, to the community projects fund. The  amounts
    38  transferred  pursuant  to this authorization shall be in addition to any
    39  other transfers expressly authorized in the  2014-15  budget.  Transfers
    40  from  federal  funds,  debt  services  funds, capital projects funds, or
    41  funds that would result in the loss of eligibility for federal  benefits
    42  or federal funds pursuant to federal law, rule, or regulation as assent-
    43  ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
    44  1951 are not permitted pursuant to this authorization. The  director  of
    45  the budget shall (a) have received a request in writing from one or both

    46  houses of the legislature, and (b) notify both houses of the legislature
    47  in writing prior to initiating transfers pursuant to this authorization.
    48  The  comptroller  shall provide the director of the budget, the chair of
    49  the senate finance committee, and the chair of  the  assembly  ways  and
    50  means  committee with an accurate accounting and report of any transfers
    51  that occur pursuant to this section on or before the  fifteenth  day  of
    52  the following month in which such transfers occur.
    53    §  17. Notwithstanding any law to the contrary, and in accordance with
    54  section 4 of the state finance law, the comptroller is hereby authorized
    55  and directed to transfer, at the request of the director of the  budget,
    56  up  to $100 million from any non-general fund or account, or combination

        S. 6355--D                         54                         A. 8555--D
 

     1  of funds and accounts, to the miscellaneous special revenue fund,  tech-
     2  nology  financing  account (22207) or the miscellaneous capital projects
     3  fund, information technology capital financing account, for the  purpose
     4  of  consolidating  technology  procurement  and  services.   The amounts
     5  transferred  to  the  miscellaneous  special  revenue  fund,  technology
     6  financing  account (22207) pursuant to this authorization shall be equal
     7  to or less than the amount of such monies intended to  support  informa-
     8  tion  technology  costs  which are attributable, according to a plan, to
     9  such account made in pursuance to an appropriation by law. Transfers  to
    10  the  technology  financing  account  shall  be  completed  from  amounts
    11  collected by non-general funds or accounts pursuant to  a  fund  deposit
    12  schedule or permanent statute, and shall be transferred to the technolo-

    13  gy  financing account pursuant to a schedule agreed upon by the affected
    14  agency commissioner. Transfers from funds that would result in the  loss
    15  of eligibility for federal benefits or federal funds pursuant to federal
    16  law,  rule,  or  regulation as assented to in chapter 683 of the laws of
    17  1938 and chapter 700 of the laws of 1951 are not permitted  pursuant  to
    18  this authorization.
    19    §  18. Notwithstanding any law to the contrary, and in accordance with
    20  section 4 of the state finance law, the comptroller is hereby authorized
    21  and directed to transfer, at the request of the director of the  budget,
    22  up  to $300 million from any non-general fund or account, or combination
    23  of funds and accounts, to the general fund for the  purpose  of  consol-
    24  idating  technology  procurement  and  services. The amounts transferred

    25  pursuant to this authorization shall be equal to or less than the amount
    26  of such monies intended to support information  technology  costs  which
    27  are attributable, according to a plan, to such account made in pursuance
    28  to  an  appropriation  by  law.  Transfers  to the general fund shall be
    29  completed from amounts collected by non-general funds or accounts pursu-
    30  ant to a fund deposit schedule. Transfers from funds that  would  result
    31  in  the loss of eligibility for federal benefits or federal funds pursu-
    32  ant to federal law, rule, or regulation as assented to in chapter 683 of
    33  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
    34  pursuant to this authorization.
    35    § 19.  Notwithstanding any provision of law to the contrary, as deemed
    36  feasible and advisable by its trustees, the power authority of the state

    37  of New York is authorized and directed to (i) make a contribution to the
    38  state  treasury  to  the  credit  of  the  general fund, or as otherwise
    39  directed in writing by the director of the budget, in an amount of up to
    40  $90,000,000 for the state fiscal year  commencing  April  1,  2014,  the
    41  proceeds of which will be utilized to support energy-related initiatives
    42  of the state, or for economic development purposes, and (ii) transfer up
    43  to $25,000,000 of any such contribution by June 30, 2014 and the remain-
    44  der  of  any such contribution by March 31, 2015. Such economic develop-
    45  ment purposes may include, but shall  not  be  limited  to,  efforts  to
    46  attract  and  expand  business  investment  and job creation in New York
    47  state through the Open for Business program, provided that in the  event
    48  any contributed funds are used by a state agency or public authority for

    49  the purpose of advertising and promoting the benefits of the START-UP NY
    50  program,  no  less  than sixty percent of the contributed funds used for
    51  such purpose shall be used for advertising  and  promotion  outside  the
    52  state of New York.
    53    §  20.  Subdivision  5  of section 97-rrr of the state finance law, as
    54  amended by section 20 of part HH of chapter 57 of the laws of  2013,  is
    55  amended to read as follows:

        S. 6355--D                         55                         A. 8555--D
 
     1    5. Notwithstanding the provisions of section one hundred seventy-one-a
     2  of  the  tax law, as separately amended by chapters four hundred eighty-
     3  one and four hundred eighty-four of the laws of nineteen hundred  eight-
     4  y-one,  and notwithstanding the provisions of chapter ninety-four of the
     5  laws  of  two  thousand  eleven,  or  any other provisions of law to the

     6  contrary, during the fiscal year beginning  April  first,  two  thousand
     7  [thirteen]  fourteen,  the  state  comptroller  is hereby authorized and
     8  directed to deposit to the fund created pursuant to  this  section  from
     9  amounts  collected  pursuant  to  article  twenty-two of the tax law and
    10  pursuant to a schedule submitted by the director of the  budget,  up  to
    11  [$3,419,375,000] $3,429,375,000, as may be certified in such schedule as
    12  necessary  to  meet the purposes of such fund for the fiscal year begin-
    13  ning April first, two thousand [thirteen] fourteen.
    14    § 21. The comptroller is authorized and directed  to  deposit  to  the
    15  general fund-state purposes account reimbursements from moneys appropri-
    16  ated  or  reappropriated to the correctional facilities capital improve-

    17  ment fund by a chapter of the laws  of  2014.  Reimbursements  shall  be
    18  available  for  spending  from  appropriations made to the department of
    19  corrections and community supervision in the general fund-state purposes
    20  accounts by a chapter of the laws of 2014 for costs associated with  the
    21  administration  and  security  of  capital  projects and for other costs
    22  which are attributable, according to a plan, to such capital projects.
    23    § 22. Subdivision 6 of section 4 of the state finance law, as  amended
    24  by section 18 of part U of chapter 59 of the laws of 2012, is amended to
    25  read as follows:
    26    6.  Notwithstanding  any  law to the contrary, at the beginning of the
    27  state fiscal year,  the  state  comptroller  is  hereby  authorized  and
    28  directed  to  receive  for  deposit  to  the  credit of a fund and/or an
    29  account such monies as are identified by the director of the  budget  as

    30  having been intended for such deposit to support disbursements from such
    31  fund  and/or  account  made  in pursuance of an appropriation by law. As
    32  soon as practicable upon enactment of the budget, the  director  of  the
    33  budget  shall,  but  not  less  than  three  days  following preliminary
    34  submission to the chairs of the senate finance committee and the  assem-
    35  bly  ways  and means committee, file with the state comptroller an iden-
    36  tification of specific monies to be so deposited. Any subsequent  change
    37  regarding  the  monies to be so deposited shall be filed by the director
    38  of the budget, as soon as practicable, but  not  less  than  three  days
    39  following  preliminary  submission  to  the chairs of the senate finance
    40  committee and the assembly ways and means committee.
    41    All monies identified by the director of the budget to be deposited to

    42  the credit of a fund and/or account shall be consistent with the  intent
    43  of  the  budget for the then current state fiscal year as enacted by the
    44  legislature.
    45    The provisions of this subdivision shall expire on March thirty-first,
    46  two thousand [fourteen] sixteen.
    47    § 23. Subdivision 4 of section 40 of the state finance law, as amended
    48  by section 19 of part U of chapter 59 of the laws of 2012, is amended to
    49  read as follows:
    50    4. Every appropriation made from a fund or account to a department  or
    51  agency shall be available for the payment of prior years' liabilities in
    52  such fund or account for fringe benefits, indirect costs, and telecommu-
    53  nications  expenses  and  expenses  for  other centralized services fund
    54  programs without limit. Every appropriation shall also be available  for

    55  the  payment  of  prior  years'  liabilities  other than those indicated

        S. 6355--D                         56                         A. 8555--D
 
     1  above, but only to the extent of one-half of one percent  of  the  total
     2  amount appropriated to a department or agency in such fund or account.
     3    The  provisions  of  this subdivision shall expire March thirty-first,
     4  two thousand [fourteen] sixteen.
     5    § 23-a. The state finance law is amended by adding a new section  99-v
     6  to read as follows:
     7    §  99-v.  Mortgage  settlement proceeds trust fund. 1. There is hereby
     8  established in the joint  custody  of  the  state  comptroller  and  the
     9  commissioner  of  taxation  and finance a trust and agency fund known as
    10  the "mortgage settlement proceeds trust fund".

    11    2. Such fund shall consist of monies paid pursuant to  the  settlement
    12  agreement  dated November nineteenth, two thousand thirteen between J.P.
    13  Morgan Securities LLC (f/k/a "Bear, Stearns & Co. Inc."), JPMorgan Chase
    14  Bank, N.A., EMC Mortgage LLC (f/k/a "EMC Mortgage Corporation") and  the
    15  People of the State of New York and that were transferred thereto pursu-
    16  ant  to  law from the department of law restitution fund and the general
    17  fund.
    18    3. Up to $439,549,965 of the monies of the fund shall  be  distributed
    19  in  accordance  with  a  plan  approved in a memorandum of understanding
    20  executed by the director of the budget, the speaker of the assembly, and
    21  the temporary president of the senate, or their designee,  in  consulta-

    22  tion  with  the  commissioner  of  the division of housing and community
    23  renewal, to provide compensation to the state of New York and its commu-
    24  nities for harms purportedly caused by the allegedly unlawful conduct of
    25  J.P. Morgan Securities LLC (f/k/a "Bear, Sterns & Co.  Inc."),  JPMorgan
    26  Chase  Bank,  N.A.,  EMC Mortgage LLC (f/k/a "EMC Mortgage Corporation")
    27  for purposes intended to avoid preventable foreclosures,  to  ameliorate
    28  the  effects  of  the  foreclosure  crisis,  to  enhance law enforcement
    29  efforts to prevent and prosecute financial fraud or unfair or  deceptive
    30  acts or practices, and to otherwise promote the interests of the invest-
    31  ing  public.  Such  permissible  purposes  for  allocation  of the funds

    32  include, but are not limited to, providing funding for  housing  counse-
    33  lors,  state  and local foreclosure assistance hotlines, state and local
    34  foreclosure mediation programs, legal  assistance,  housing  remediation
    35  and  anti-blight  projects,  and  for  the training and staffing of, and
    36  capital  expenditures  required  by,  financial   fraud   and   consumer
    37  protection  efforts, and for any other purpose consistent with the terms
    38  of the settlement agreement  dated  November  nineteenth,  two  thousand
    39  thirteen  between J.P. Morgan Securities LLC (f/k/a "Bear, Stearns & Co.
    40  Inc."), JPMorgan Chase Bank, N.A., EMC Mortgage LLC (f/k/a "EMC Mortgage
    41  Corporation") and the People of the State of New York.

    42    4. Up to $81,500,234 of the monies of the fund shall be distributed in
    43  accordance with a plan developed by  the  attorney  general  to  provide
    44  compensation  to  the  state  of  New York and its communities for harms
    45  purportedly caused by the allegedly  unlawful  conduct  of  J.P.  Morgan
    46  Securities  LLC (f/k/a "Bear, Stearns & Co. Inc."), JPMorgan Chase Bank,
    47  N.A., EMC Mortgage LLC (f/k/a "EMC Mortgage Corporation"), for  purposes
    48  intended to avoid preventable foreclosures, to ameliorate the effects of
    49  the  foreclosure  crisis,  to enhance law enforcement efforts to prevent
    50  and prosecute financial fraud or unfair or deceptive acts or  practices,
    51  and  to  otherwise  promote  the interests of the investing public. Such

    52  permissible purposes for allocation of the funds include,  but  are  not
    53  limited  to,  providing  funding for housing counselors, state and local
    54  foreclosure assistance hotlines, state and local  foreclosure  mediation
    55  programs,   legal   assistance,   housing  remediation  and  anti-blight
    56  projects, and for the training and staffing of, and capital expenditures

        S. 6355--D                         57                         A. 8555--D
 
     1  required by, financial fraud and consumer protection  efforts,  and  for
     2  any  other purpose consistent with the terms of the Settlement Agreement
     3  dated November 19, 2013 between J.P. Morgan Securities LLC (f/k/a "Bear,
     4  Stearns  & Co. Inc.") JPMorgan Chase Bank, N.A., EMC Mortgage LLC (f/k/a

     5  "EMC Mortgage Corporation") and the People of the State of New York.
     6    § 23-b 1. Notwithstanding any law to the contrary, and  in  accordance
     7  with  article  VII, section 7 of the New York constitution, and subdivi-
     8  sion 1 of section 4 and section 121 of the state finance law, the attor-
     9  ney general is hereby authorized and  directed  to  transfer,  upon  the
    10  request  of the director of the budget, on or before April 15, 2014, the
    11  following amounts paid pursuant to the settlement agreement dated Novem-
    12  ber 19, 2013 between J.P. Morgan Securities LLC (f/k/a "Bear, Stearns  &
    13  Co. Inc.") JPMorgan Chase Bank, N.A., EMC Mortgage LLC (f/k/a "EMC Mort-
    14  gage  Corporation") and the People of the State of New York ("Settlement
    15  Agreement"): $531,500,234 from the department of law restitution fund to
    16  the mortgage settlement proceeds trust fund.

    17    2. Notwithstanding any law to the contrary,  and  in  accordance  with
    18  article  VII,  section 7 of the New York constitution, and subdivision 1
    19  of section 4 and section 121 of the state finance law,  the  comptroller
    20  is  hereby  authorized and directed to transfer, upon the request of the
    21  director of the budget, on or  before  April  15,  2014,  the  following
    22  amounts  paid pursuant to the Settlement Agreement: $58,000,000 from the
    23  general fund to the mortgage settlement proceeds trust fund.
    24    3. Notwithstanding any law to the contrary, the comptroller is  hereby
    25  authorized and directed to transfer, upon the request of the director of
    26  the  budget,  as soon as practicable after November 1, 2014, $22,816,678
    27  from the mortgage settlement proceeds trust fund to the general fund.
    28    4. Notwithstanding any law to the contrary, the comptroller is  hereby

    29  authorized and directed to transfer, upon the request of the director of
    30  the  budget,  as soon as practicable after November 1, 2015, $22,816,678
    31  from the mortgage settlement proceeds trust fund to the general fund.
    32    5. Notwithstanding any law to the contrary, the comptroller is  hereby
    33  authorized and directed to transfer, upon the request of the director of
    34  the  budget,  as soon as practicable after November 1, 2016, $22,816,678
    35  from the mortgage settlement proceeds trust fund to the general fund.
    36    § 24. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    37  contrary, the state comptroller is hereby authorized and directed to use
    38  any  balance  remaining  in the mental health services fund debt service
    39  appropriation, after payment by the state comptroller of all obligations
    40  required pursuant to any lease, sublease, or other financing arrangement

    41  between the dormitory authority of the state of New York as successor to
    42  the New York state medical  care  facilities  finance  agency,  and  the
    43  facilities development corporation pursuant to chapter 83 of the laws of
    44  1995  and  the  department  of  mental hygiene for the purpose of making
    45  payments to the dormitory authority of the state of  New  York  for  the
    46  amount  of  the  earnings  for the investment of monies deposited in the
    47  mental health services fund that such agency determines will or may have
    48  to be rebated to the federal government pursuant to  the  provisions  of
    49  the  internal  revenue code of 1986, as amended, in order to enable such
    50  agency to maintain the exemption from federal  income  taxation  on  the
    51  interest paid to the holders of such agency's mental services facilities
    52  improvement  revenue bonds.   Annually on or before each June 30th, such

    53  agency shall certify to the state comptroller its determination  of  the
    54  amounts  received  in the mental health services fund as a result of the
    55  investment of monies deposited therein that  will  or  may  have  to  be

        S. 6355--D                         58                         A. 8555--D
 
     1  rebated  to  the  federal  government  pursuant to the provisions of the
     2  internal revenue code of 1986, as amended.
     3    § 25. Section 68-b of the state finance law is amended by adding a new
     4  subdivision 12 to read as follows:
     5    12.  The  comptroller is hereby authorized to receive from the author-
     6  ized issuers any portion of bond proceeds paid to provide funds  for  or
     7  reimburse  the  state  for  its  costs  associated  with such authorized

     8  purposes and to credit such amounts to the capital projects fund or  any
     9  other appropriate fund.
    10    § 26. Section 69-n of the state finance law is amended by adding a new
    11  subdivision 12 to read as follows:
    12    12.  The  comptroller is hereby authorized to receive from the author-
    13  ized issuers any portion of bond proceeds paid to provide funds  for  or
    14  reimburse  the  state  for  its  costs  associated  with such authorized
    15  purposes and to credit such amounts to the capital projects fund or  any
    16  other appropriate fund.
    17    §  27.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
    18  finance law, as amended by section 37 of part U of  chapter  59  of  the
    19  laws of 2012, is amended to read as follows:
    20    (b)  On  or  before the beginning of each quarter, the director of the

    21  budget may certify to the state  comptroller  the  estimated  amount  of
    22  monies  that  shall be reserved in the general debt service fund for the
    23  payment of debt service and related expenses payable by such fund during
    24  each month of the state fiscal year, excluding  payments  due  from  the
    25  revenue  bond tax fund. Such certificate may be periodically updated, as
    26  necessary. Notwithstanding any provision of law  to  the  contrary,  the
    27  state  comptroller  shall  reserve  in the general debt service fund the
    28  amount of monies identified on such certificate  as  necessary  for  the
    29  payment  of debt service and related expenses during the current or next
    30  succeeding quarter of the state fiscal year. Such monies reserved  shall
    31  not  be  available  for  any  other  purpose.  Such certificate shall be
    32  reported to the chairpersons of the Senate  Finance  Committee  and  the

    33  Assembly  Ways  and  Means  Committee.  The provisions of this paragraph
    34  shall expire June thirtieth, two thousand [fourteen] seventeen.
    35    § 28. Section 47 of section 1 of chapter 174  of  the  laws  of  1968,
    36  constituting  the  New  York state urban development corporation act, as
    37  added by section 47 of part HH of chapter 57 of the  laws  of  2013,  is
    38  amended to read as follows:
    39    §  47.  1.  Notwithstanding  the  provisions  of  any other law to the
    40  contrary, the dormitory authority and the corporation are hereby author-
    41  ized to issue bonds or notes in one or more series for  the  purpose  of
    42  funding project costs for the office of information technology services,
    43  department  of  law,  and other state costs associated with such capital
    44  projects.   The aggregate principal amount of  bonds  authorized  to  be

    45  issued  pursuant  to  this  section  shall not exceed [eighty-seven] one
    46  hundred eighty-two million [seven] four hundred forty thousand  dollars,
    47  excluding  bonds  issued to fund one or more debt service reserve funds,
    48  to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
    49  refund  or  otherwise  repay such bonds or notes previously issued. Such
    50  bonds and notes of the dormitory authority and the corporation shall not
    51  be a debt of the state, and the state shall not be liable  thereon,  nor
    52  shall  they be payable out of any funds other than those appropriated by
    53  the state to the dormitory authority and the corporation for  principal,
    54  interest,  and  related expenses pursuant to a service contract and such
    55  bonds and notes shall contain on the face thereof a  statement  to  such

    56  effect. Except for purposes of complying with the internal revenue code,

        S. 6355--D                         59                         A. 8555--D
 
     1  any  interest  income  earned on bond proceeds shall only be used to pay
     2  debt service on such bonds.
     3    2.  Notwithstanding  any  other  provision  of law to the contrary, in
     4  order to assist the dormitory authority and the corporation in undertak-
     5  ing the financing for project costs for the office of information  tech-
     6  nology  services,  department  of  law, and other state costs associated
     7  with such capital projects, the director of the budget is hereby author-
     8  ized to enter into one or more  service  contracts  with  the  dormitory
     9  authority  and  the corporation, none of which shall exceed thirty years
    10  in duration, upon such terms and conditions as the director of the budg-

    11  et and the dormitory authority and the corporation agree, so as to annu-
    12  ally provide to the dormitory authority  and  the  corporation,  in  the
    13  aggregate,  a  sum  not  to  exceed the principal, interest, and related
    14  expenses required for such bonds and notes. Any service contract entered
    15  into pursuant to this section shall provide that the obligation  of  the
    16  state  to pay the amount therein provided shall not constitute a debt of
    17  the  state  within  the  meaning  of  any  constitutional  or  statutory
    18  provision  and  shall  be  deemed executory only to the extent of monies
    19  available and that no liability shall be incurred by  the  state  beyond
    20  the  monies  available for such purpose, subject to annual appropriation
    21  by the legislature. Any such contract or any payments made or to be made
    22  thereunder may be assigned and pledged by the  dormitory  authority  and

    23  the  corporation  as  security for its bonds and notes, as authorized by
    24  this section.
    25    § 29. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    26  of 1997, relating  to  the  financing  of  the  correctional  facilities
    27  improvement  fund and the youth facility improvement fund, as amended by
    28  section 49 of part HH of chapter 57 of the laws of 2013, is  amended  to
    29  read as follows:
    30    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    31  notwithstanding the provisions of section 18 of section 1 of chapter 174
    32  of the laws of 1968, the New York state urban development corporation is
    33  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    34  aggregate  principal  amount  not  to  exceed  seven billion one hundred
    35  [thirty-three]   forty-eight   million   sixty-nine   thousand   dollars

    36  [$7,133,069,000]  $7,148,069,000, and shall include all bonds, notes and
    37  other obligations issued pursuant to chapter 56 of the laws of 1983,  as
    38  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
    39  obligations shall be paid to the state, for deposit in the  correctional
    40  facilities capital improvement fund to pay for all or any portion of the
    41  amount  or  amounts paid by the state from appropriations or reappropri-
    42  ations made to the department of corrections and  community  supervision
    43  from  the  correctional  facilities capital improvement fund for capital
    44  projects. The aggregate amount of  bonds,  notes  or  other  obligations
    45  authorized  to  be  issued pursuant to this section shall exclude bonds,
    46  notes or other obligations issued to refund or  otherwise  repay  bonds,
    47  notes  or  other  obligations  theretofore issued, the proceeds of which

    48  were paid to the state for all or a portion of the amounts  expended  by
    49  the state from appropriations or reappropriations made to the department
    50  of  corrections  and community supervision; provided, however, that upon
    51  any such refunding or repayment the total aggregate principal amount  of
    52  outstanding  bonds, notes or other obligations may be greater than seven
    53  billion one hundred [thirty-three] forty-eight million sixty-nine  thou-
    54  sand  dollars [$7,133,069,000] $7,148,069,000, only if the present value
    55  of the aggregate debt service of the refunding or repayment bonds, notes
    56  or other obligations to be issued shall not exceed the present value  of

        S. 6355--D                         60                         A. 8555--D
 
     1  the  aggregate  debt service of the bonds, notes or other obligations so

     2  to be refunded or repaid. For the purposes hereof, the present value  of
     3  the aggregate debt service of the refunding or repayment bonds, notes or
     4  other  obligations and of the aggregate debt service of the bonds, notes
     5  or other obligations so refunded  or  repaid,  shall  be  calculated  by
     6  utilizing  the  effective  interest  rate  of the refunding or repayment
     7  bonds, notes or other obligations, which shall be that rate  arrived  at
     8  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
     9  necessary to discount the debt service  payments  on  the  refunding  or
    10  repayment bonds, notes or other obligations from the payment dates ther-
    11  eof  to  the date of issue of the refunding or repayment bonds, notes or
    12  other obligations and to  the  price  bid  including  estimated  accrued
    13  interest  or  proceeds  received  by the corporation including estimated

    14  accrued interest from the sale thereof.
    15    § 30. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
    16  housing  finance  law, as amended by section 50 of part HH of chapter 57
    17  of the laws of 2013, is amended to read as follows:
    18    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    19  thousand, in order to enhance and encourage  the  promotion  of  housing
    20  programs  and thereby achieve the stated purposes and objectives of such
    21  housing programs, the agency shall have the power and is hereby  author-
    22  ized  from  time  to  time to issue negotiable housing program bonds and
    23  notes in such principal amount as shall be necessary to  provide  suffi-
    24  cient  funds  for the repayment of amounts disbursed (and not previously
    25  reimbursed) pursuant to law or any prior year making  capital  appropri-

    26  ations  or  reappropriations  for  the  purposes of the housing program;
    27  provided, however, that the agency may issue such bonds and notes in  an
    28  aggregate  principal  amount  not  exceeding  two billion [eight hundred
    29  forty-four] nine hundred ninety-nine million [eight hundred] ninety-nine
    30  thousand dollars, plus a principal amount of bonds issued  to  fund  the
    31  debt  service  reserve  fund in accordance with the debt service reserve
    32  fund requirement established  by  the  agency  and  to  fund  any  other
    33  reserves  that the agency reasonably deems necessary for the security or
    34  marketability of such bonds and to provide for the payment of  fees  and
    35  other  charges  and  expenses, including underwriters' discount, trustee
    36  and rating agency fees, bond insurance, credit enhancement and liquidity

    37  enhancement related to the issuance of such bonds and notes. No  reserve
    38  fund securing the housing program bonds shall be entitled or eligible to
    39  receive  state  funds apportioned or appropriated to maintain or restore
    40  such reserve fund at or to a particular level, except to the  extent  of
    41  any  deficiency  resulting  directly or indirectly from a failure of the
    42  state to appropriate or pay the agreed amount under any of the contracts
    43  provided for in subdivision four of this section.
    44    § 31. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
    45  1991,  amending  the  state  finance  law and other laws relating to the
    46  establishment of the dedicated highway and bridge trust fund, as amended
    47  by section 51 of part HH of chapter 57 of the laws of 2013,  is  amended
    48  to read as follows:
    49    (b) Any service contract or contracts for projects authorized pursuant

    50  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    51  14-k of the transportation law, and entered into pursuant to subdivision
    52  (a) of this section, shall provide  for  state  commitments  to  provide
    53  annually  to  the  thruway  authority a sum or sums, upon such terms and
    54  conditions as shall be deemed appropriate by the director of the budget,
    55  to fund, or fund the debt service requirements of any bonds or any obli-
    56  gations of the thruway authority issued to  fund  or  to  reimburse  the

        S. 6355--D                         61                         A. 8555--D
 
     1  state  for  funding  such  projects  having  a  cost  not  in  excess of
     2  [$7,591,875,000] $8,120,728,000 cumulatively by the end of  fiscal  year
     3  [2013-14] 2014-15.

     4    §  32.  Subdivision 1 of section 1689-i of the public authorities law,
     5  as amended by section 52 of part HH of chapter 57 of the laws  of  2013,
     6  is amended to read as follows:
     7    1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
     8  request of the commissioner of education, to  finance  eligible  library
     9  construction projects pursuant to section two hundred seventy-three-a of
    10  the  education  law,  in  amounts  certified by such commissioner not to
    11  exceed a total principal amount of  [one  hundred  twelve]  one  hundred
    12  twenty-six million dollars.
    13    §  33.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
    14  laws of 2005, providing for the  administration  of  certain  funds  and
    15  accounts  related  to  the 2005-2006 budget, as amended by section 53 of

    16  part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
    17  follows:
    18    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    19  notwithstanding any provisions of law to the contrary, the urban  devel-
    20  opment  corporation  is hereby authorized to issue bonds or notes in one
    21  or  more  series  in  an  aggregate  principal  amount  not  to   exceed
    22  [$133,600,000]  $149,600,000,  excluding  bonds issued to finance one or
    23  more debt service reserve funds, to pay costs of issuance of such bonds,
    24  and bonds or notes issued to refund or otherwise  repay  such  bonds  or
    25  notes  previously  issued, for the purpose of financing capital projects
    26  including IT initiatives for the division of state police, debt  service
    27  and  leases;  and  to reimburse the state general fund for disbursements

    28  made therefor. Such bonds and notes of such authorized issuer shall  not
    29  be  a  debt of the state, and the state shall not be liable thereon, nor
    30  shall they be payable out of any funds other than those appropriated  by
    31  the  state  to  such  authorized  issuer  for  debt  service and related
    32  expenses pursuant to any service contract executed pursuant to  subdivi-
    33  sion  (b)  of this section and such bonds and notes shall contain on the
    34  face thereof a statement to such effect. Except for purposes of  comply-
    35  ing  with  the internal revenue code, any interest income earned on bond
    36  proceeds shall only be used to pay debt service on such bonds.
    37    § 34. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
    38  constituting  the  New  York state urban development corporation act, as
    39  amended by section 54 of part HH of chapter 57 of the laws of  2013,  is

    40  amended to read as follows:
    41    §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
    42  provisions of any other law to the contrary, the dormitory authority and
    43  the corporation are hereby authorized to issue bonds or notes in one  or
    44  more  series  for  the purpose of funding project costs for the regional
    45  economic development council  initiative,  the  economic  transformation
    46  program,  state university of New York college for nanoscale and science
    47  engineering, projects within the city of Buffalo  or  surrounding  envi-
    48  rons,  the  New  York  works economic development fund, projects for the
    49  retention of professional football in western New York, the empire state
    50  economic [devlopment] development fund,  the  clarkson-trudeau  partner-
    51  ship,  the  New  York  genome  center, the cornell university college of

    52  veterinary medicine,  the  olympic  regional  development  authority,  a
    53  project  at  nano  Utica,  onondaga  county revitalization projects, and
    54  other state costs associated with such projects. The aggregate principal
    55  amount of bonds authorized to be issued pursuant to this  section  shall
    56  not exceed [one] two billion two hundred three million [six] two hundred

        S. 6355--D                         62                         A. 8555--D
 
     1  [seven] fifty-seven thousand dollars, excluding bonds issued to fund one
     2  or  more  debt  service  reserve funds, to pay costs of issuance of such
     3  bonds, and bonds or notes issued to refund or otherwise repay such bonds
     4  or  notes  previously  issued.  Such  bonds  and  notes of the dormitory

     5  authority and the corporation shall not be a debt of the state, and  the
     6  state  shall not be liable thereon, nor shall they be payable out of any
     7  funds other than those  appropriated  by  the  state  to  the  dormitory
     8  authority  and  the  corporation  for  principal,  interest, and related
     9  expenses pursuant to a service contract and such bonds and  notes  shall
    10  contain  on  the  face  thereof  a  statement to such effect. Except for
    11  purposes of complying with  the  internal  revenue  code,  any  interest
    12  income earned on bond proceeds shall only be used to pay debt service on
    13  such bonds.
    14    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    15  order to assist the dormitory authority and the corporation in undertak-
    16  ing the financing for project costs for the regional  economic  develop-
    17  ment  council  initiative,  the  economic  transformation program, state

    18  university of New York college for nanoscale  and  science  engineering,
    19  projects  within  the  city  of Buffalo or surrounding environs, the New
    20  York works economic development fund,  projects  for  the  retention  of
    21  professional  football  in  western  New York, the empire state economic
    22  development fund, the clarkson-trudeau partnership, the New York  genome
    23  center, the cornell university college of veterinary medicine, the olym-
    24  pic  regional  development  authority, a project at nano Utica, onondaga
    25  county revitalization projects, and other state  costs  associated  with
    26  such  projects, the director of the budget is hereby authorized to enter
    27  into one or more service contracts with the dormitory authority and  the
    28  corporation,  none  of which shall exceed thirty years in duration, upon

    29  such terms and conditions as the director of the budget and the dormito-
    30  ry authority and the corporation agree, so as to annually provide to the
    31  dormitory authority and the corporation, in the aggregate, a sum not  to
    32  exceed  the  principal, interest, and related expenses required for such
    33  bonds and notes. Any service contract  entered  into  pursuant  to  this
    34  section shall provide that the obligation of the state to pay the amount
    35  therein  provided  shall  not  constitute a debt of the state within the
    36  meaning of any constitutional or statutory provision and shall be deemed
    37  executory only to the extent of monies available and that  no  liability
    38  shall  be  incurred  by  the  state beyond the monies available for such
    39  purpose, subject to annual appropriation by the  legislature.  Any  such
    40  contract  or  any payments made or to be made thereunder may be assigned

    41  and pledged by the dormitory authority and the corporation  as  security
    42  for its bonds and notes, as authorized by this section.
    43    §  35.  Subdivision 3 of section 1285-p of the public authorities law,
    44  as amended by section 55 of part HH of chapter 57 of the laws  of  2013,
    45  is amended to read as follows:
    46    3.  The  maximum amount of bonds that may be issued for the purpose of
    47  financing  environmental  infrastructure  projects  authorized  by  this
    48  section  shall  be  one billion [two] three hundred [sixty-five] ninety-
    49  eight million [seven] two hundred sixty thousand dollars,  exclusive  of
    50  bonds  issued to fund any debt service reserve funds, pay costs of issu-
    51  ance of such bonds, and bonds or notes issued  to  refund  or  otherwise

    52  repay  bonds  or  notes  previously  issued. Such bonds and notes of the
    53  corporation shall not be a debt of the state, and the state shall not be
    54  liable thereon, nor shall they be payable out of any  funds  other  than
    55  those  appropriated by the state to the corporation for debt service and
    56  related expenses pursuant to any service contracts executed pursuant  to

        S. 6355--D                         63                         A. 8555--D
 
     1  subdivision  one of this section, and such bonds and notes shall contain
     2  on the face thereof a statement to such effect.
     3    § 36. Section 93-a of the state finance law, as added by section 64 of
     4  part  HH  of  chapter  57  of  the  laws  of 2013, is amended to read as
     5  follows:
     6    § 93-a. New York state storm recovery capital fund. 1.  (a)  There  is

     7  hereby  established  in  the  joint  custody  of the comptroller and the
     8  commissioner of taxation and finance a special fund to be known  as  the
     9  "New York state storm recovery capital fund".
    10    (b)  The sources of funds shall consist of all moneys collected there-
    11  for, or moneys credited, appropriated or transferred  thereto  from  any
    12  other fund or source pursuant to law, or any other moneys made available
    13  for  the purposes of the fund. [Any interest received by the comptroller
    14  on moneys on deposit shall be retained in and become a part of the fund,
    15  unless otherwise directed by law.]
    16    2. Following appropriation by the legislature,  moneys  in  the  storm
    17  recovery  capital  fund  shall be available [to finance] for the repair,
    18  rehabilitation, or replacement of capital works or purposes  damaged  by

    19  Hurricane  Sandy  or any future natural disaster expected to be eligible
    20  for reimbursement by the Federal Emergency Management Agency (FEMA), the
    21  Federal Transit Administration (FTA), the Federal Highway Administration
    22  (FHWA) [and] and/or any other Federal reimbursement source. No money  in
    23  this account may be expended for any project [until] unless the director
    24  of  the  budget  or  his  or her designee has determined that there is a
    25  substantial likelihood that the costs of such project  shall  be  [reim-
    26  bursed]  eligible  for  reimbursement  by Federal sources. [The director
    27  shall issue formal rules that set forth the process by which he  or  she
    28  will  determine  whether there is a substantial likelihood of reimburse-

    29  ment by Federal sources.]
    30    § 37. Subdivision 1 of section 45 of section 1 of chapter 174  of  the
    31  laws  of  1968, constituting the New York state urban development corpo-
    32  ration act, as amended by section 65 of part HH of  chapter  57  of  the
    33  laws of 2013, is amended to read as follows:
    34    1.  Notwithstanding  the  provisions of any other law to the contrary,
    35  the urban development corporation of the state of  New  York  is  hereby
    36  authorized to issue bonds or notes in one or more series for the purpose
    37  of funding project costs for the implementation of a NY-SUNY and NY-CUNY
    38  2020  challenge  grant  program subject to the approval of a NY-SUNY and
    39  NY-CUNY 2020 plan or plans by the governor and either the chancellor  of
    40  the state university of New York or the chancellor of the city universi-
    41  ty  of  New York, as applicable. The aggregate principal amount of bonds

    42  authorized to be issued  pursuant  to  this  section  shall  not  exceed
    43  [$220,000,000]  $330,000,000, excluding bonds issued to fund one or more
    44  debt service reserve funds, to pay costs of issuance of such bonds,  and
    45  bonds  or  notes issued to refund or otherwise repay such bonds or notes
    46  previously issued. Such bonds and notes of the corporation shall not  be
    47  a  debt  of  the  state,  and the state shall not be liable thereon, nor
    48  shall they be payable out of any funds other than those appropriated  by
    49  the  state  to  the  corporation  for  principal,  interest, and related
    50  expenses pursuant to a service contract and such bonds and  notes  shall
    51  contain  on  the  face  thereof  a  statement to such effect. Except for
    52  purposes of complying with  the  internal  revenue  code,  any  interest
    53  income earned on bond proceeds shall only be used to pay debt service on

    54  such bonds.
    55    §  38.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
    56  laws of 2002, providing for the  administration  of  certain  funds  and

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     1  accounts  related  to  the 2002-2003 budget, as amended by section 68 of
     2  part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
     3  follows:
     4    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
     5  notwithstanding the provisions of section 18 of  the  urban  development
     6  corporation  act, the corporation is hereby authorized to issue bonds or
     7  notes in one or more series in an  aggregate  principal  amount  not  to
     8  exceed  [$67,000,000] $197,000,000 excluding bonds issued to fund one or

     9  more debt service reserve funds, to pay costs of issuance of such bonds,
    10  and bonds or notes issued to refund or otherwise  repay  such  bonds  or
    11  notes  previously  issued,  for  the  purpose of financing capital costs
    12  related to homeland security and training facilities for the division of
    13  state police, the division of military and naval affairs, and any  other
    14  state agency, including the reimbursement of any disbursements made from
    15  the state capital projects fund, and is hereby authorized to issue bonds
    16  or  notes  in one or more series in an aggregate principal amount not to
    17  exceed [$220,800,000] $317,800,000, excluding bonds issued to  fund  one
    18  or  more  debt  service  reserve funds, to pay costs of issuance of such
    19  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    20  or notes previously issued, for the purpose of financing improvements to

    21  State office buildings and other facilities located statewide, including
    22  the reimbursement of any  disbursements  made  from  the  state  capital
    23  projects  fund.  Such  bonds and notes of the corporation shall not be a
    24  debt of the state, and the state shall not be liable thereon, nor  shall
    25  they  be  payable  out of any funds other than those appropriated by the
    26  state to the corporation for debt service and related expenses  pursuant
    27  to  any  service  contracts executed pursuant to subdivision (b) of this
    28  section, and such bonds and notes shall contain on the  face  thereof  a
    29  statement to such effect.
    30    § 39. Subdivision 1 of section 386-b of the public authorities law, as
    31  amended  by  section 69 of part HH of chapter 57 of the laws of 2013, is
    32  amended to read as follows:
    33    1. Notwithstanding any other provision of law  to  the  contrary,  the

    34  authority, the dormitory authority and the urban development corporation
    35  are  hereby authorized to issue bonds or notes in one or more series for
    36  the purpose of financing peace bridge  projects  and  capital  costs  of
    37  state and local highways, parkways, bridges, the New York state thruway,
    38  Indian reservation roads, and facilities, and transportation infrastruc-
    39  ture   projects   including  aviation  projects,  non-MTA  mass  transit
    40  projects, and rail service preservation projects, including work  appur-
    41  tenant  and  ancillary  thereto. The aggregate principal amount of bonds
    42  authorized to be issued pursuant to this section shall not exceed  [two]
    43  four   hundred   [forty]  sixty-five  million  dollars  [($240,000,000)]
    44  ($465,000,000), excluding bonds issued to fund one or more debt  service

    45  reserve  funds, to pay costs of issuance of such bonds, and to refund or
    46  otherwise repay such bonds or notes previously issued.  Such  bonds  and
    47  notes  of  the authority, the dormitory authority and the urban develop-
    48  ment corporation shall not be a debt of the state, and the  state  shall
    49  not  be liable thereon, nor shall they be payable out of any funds other
    50  than those appropriated by the state to  the  authority,  the  dormitory
    51  authority and the urban development corporation for principal, interest,
    52  and  related  expenses pursuant to a service contract and such bonds and
    53  notes shall contain on the face thereof  a  statement  to  such  effect.
    54  Except  for  purposes  of  complying with the internal revenue code, any
    55  interest income earned on bond proceeds shall only be used to  pay  debt
    56  service on such bonds.


        S. 6355--D                         65                         A. 8555--D
 
     1    §  40.  Paragraph  (c) of subdivision 19 of section 1680 of the public
     2  authorities law, as amended by section 69-a of part HH of chapter 57  of
     3  the laws of 2013, is amended to read as follows:
     4    (c) Subject to the provisions of chapter fifty-nine of the laws of two
     5  thousand,  the  dormitory  authority shall not issue any bonds for state
     6  university educational facilities purposes if the  principal  amount  of
     7  bonds to be issued when added to the aggregate principal amount of bonds
     8  issued  by  the  dormitory  authority  on and after July first, nineteen
     9  hundred eighty-eight for state university  educational  facilities  will
    10  exceed  ten billion [four] nine hundred [twenty-two] eighty-four million

    11  dollars; provided, however, that bonds issued or to be issued  shall  be
    12  excluded  from  such  limitation if: (1) such bonds are issued to refund
    13  state university construction bonds and  state  university  construction
    14  notes previously issued by the housing finance agency; or (2) such bonds
    15  are  issued to refund bonds of the authority or other obligations issued
    16  for state university educational facilities  purposes  and  the  present
    17  value  of  the  aggregate  debt  service on the refunding bonds does not
    18  exceed the present value of the aggregate  debt  service  on  the  bonds
    19  refunded  thereby;  provided,  further  that  upon  certification by the
    20  director of the budget that the issuance of  refunding  bonds  or  other
    21  obligations  issued between April first, nineteen hundred ninety-two and
    22  March thirty-first, nineteen hundred  ninety-three  will  generate  long

    23  term  economic  benefits  to  the  state, as assessed on a present value
    24  basis, such issuance will be deemed to have met the present  value  test
    25  noted  above. For purposes of this subdivision, the present value of the
    26  aggregate debt service of the refunding bonds  and  the  aggregate  debt
    27  service of the bonds refunded, shall be calculated by utilizing the true
    28  interest  cost  of the refunding bonds, which shall be that rate arrived
    29  at by doubling the semi-annual interest rate (compounded  semi-annually)
    30  necessary  to  discount the debt service payments on the refunding bonds
    31  from the payment dates thereof to the date of  issue  of  the  refunding
    32  bonds  to  the purchase price of the refunding bonds, including interest
    33  accrued thereon prior to the issuance  thereof.  The  maturity  of  such
    34  bonds,  other  than  bonds issued to refund outstanding bonds, shall not

    35  exceed the weighted average economic life, as  certified  by  the  state
    36  university construction fund, of the facilities in connection with which
    37  the  bonds  are  issued,  and  in any case not later than the earlier of
    38  thirty years or the expiration of the term of  any  lease,  sublease  or
    39  other  agreement  relating  thereto;  provided  that  no note, including
    40  renewals thereof, shall mature later than five years after the  date  of
    41  issuance  of  such  note. The legislature reserves the right to amend or
    42  repeal such limit, and the state of New York, the  dormitory  authority,
    43  the  state university of New York, and the state university construction
    44  fund are prohibited from covenanting or making any other agreements with
    45  or for the benefit of bondholders which might in  any  way  affect  such
    46  right.
    47    §  41.  Paragraph  (c) of subdivision 14 of section 1680 of the public

    48  authorities law, as amended by section 67 of part HH of  chapter  57  of
    49  the laws of 2013, is amended to read as follows:
    50    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    51  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
    52  bonds for city university community college facilities, except to refund
    53  or to be substituted for or in lieu of other bonds in relation  to  city
    54  university  community college facilities pursuant to a resolution of the
    55  dormitory authority adopted before July first, nineteen hundred  eighty-
    56  five  or any resolution supplemental thereto, if the principal amount of

        S. 6355--D                         66                         A. 8555--D
 
     1  bonds so to be issued when added  to  all  principal  amounts  of  bonds
     2  previously  issued by the dormitory authority for city university commu-

     3  nity college facilities, except to refund or to be substituted  in  lieu
     4  of  other bonds in relation to city university community college facili-
     5  ties will exceed the sum of four hundred twenty-five million dollars and
     6  (ii) the dormitory authority shall not deliver a series of bonds  issued
     7  for  city university facilities, including community college facilities,
     8  pursuant to a resolution of the dormitory authority adopted on or  after
     9  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
    10  substituted for or in lieu of other bonds in relation to city university
    11  facilities and except for bonds issued pursuant to a resolution  supple-
    12  mental  to a resolution of the dormitory authority adopted prior to July
    13  first, nineteen hundred eighty-five, if the principal amount of bonds so
    14  to be issued when added to the  principal  amount  of  bonds  previously

    15  issued pursuant to any such resolution, except bonds issued to refund or
    16  to  be  substituted  for  or  in lieu of other bonds in relation to city
    17  university facilities, will  exceed  [six]  seven  billion  [eight]  two
    18  hundred  [fifty-three] seventy-three million [two] three hundred thirty-
    19  one thousand dollars.  The legislature reserves the right  to  amend  or
    20  repeal  such  limit, and the state of New York, the dormitory authority,
    21  the city university, and the fund are  prohibited  from  covenanting  or
    22  making any other agreements with or for the benefit of bondholders which
    23  might in any way affect such right.
    24    §  42. Subdivision 10-a of section 1680 of the public authorities law,
    25  as amended by section 66 of part HH of chapter 57 of the laws  of  2013,

    26  is amended to read as follows:
    27    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
    28  two thousand, but notwithstanding any other provision of the law to  the
    29  contrary, the maximum amount of bonds and notes to be issued after March
    30  thirty-first,  two  thousand two, on behalf of the state, in relation to
    31  any locally sponsored community college, shall be  [six]  seven  hundred
    32  [sixty-three]  seventy-six  million three hundred five thousand dollars.
    33  Such amount shall be exclusive of bonds and notes  issued  to  fund  any
    34  reserve  fund  or funds, costs of issuance and to refund any outstanding
    35  bonds and notes, issued on behalf of the state, relating  to  a  locally
    36  sponsored community college.
    37    §  43.  The  public authorities law is amended by adding a new section
    38  1680-r to read as follows:

    39    § 1680-r.  Authorization for the issuance of  bonds  for  the  capital
    40  restructuring  financing  program.  1. Notwithstanding the provisions of
    41  any other law to the contrary, the dormitory  authority  and  the  urban
    42  development corporation are hereby authorized to issue bonds or notes in
    43  one  or  more  series  for  the purpose of funding project costs for the
    44  capital restructuring financing program  for  health  care  and  related
    45  facilities  licensed  pursuant  to  the  public health law or the mental
    46  hygiene law and other state costs associated with such capital projects.
    47  The aggregate principal amount of bonds authorized to be issued pursuant
    48  to this section  shall  not  exceed  one  billion  two  hundred  million

    49  dollars, excluding bonds issued to fund one or more debt service reserve
    50  funds, to pay costs of issuance of such bonds, and bonds or notes issued
    51  to refund or otherwise repay such bonds or notes previously issued. Such
    52  bonds  and  notes  of  the dormitory authority and the urban development
    53  corporation shall not be a debt of the state, and the state shall not be
    54  liable thereon, nor shall they be payable out of any  funds  other  than
    55  those appropriated by the state to the dormitory authority and the urban
    56  development  corporation  for  principal, interest, and related expenses

        S. 6355--D                         67                         A. 8555--D
 
     1  pursuant to a service contract and such bonds and notes shall contain on

     2  the face thereof a statement to such  effect.  Except  for  purposes  of
     3  complying  with the internal revenue code, any interest income earned on
     4  bond proceeds shall only be used to pay debt service on such bonds.
     5    2.  Notwithstanding  any  other  provision  of law to the contrary, in
     6  order to assist the dormitory authority and the urban development corpo-
     7  ration in undertaking the financing for project costs  for  the  capital
     8  restructuring  financing  program for health care and related facilities
     9  licensed pursuant to the public health law or the mental hygiene law and
    10  other state costs associated with such capital projects, the director of
    11  the budget is hereby authorized  to  enter  into  one  or  more  service

    12  contracts  with the dormitory authority and the urban development corpo-
    13  ration, none of which shall exceed thirty years in duration,  upon  such
    14  terms  and  conditions  as  the director of the budget and the dormitory
    15  authority and the urban development corporation agree, so as to annually
    16  provide to the dormitory authority  and  the  urban  development  corpo-
    17  ration,  in  the aggregate, a sum not to exceed the principal, interest,
    18  and related expenses required for such  bonds  and  notes.  Any  service
    19  contract  entered  into  pursuant to this section shall provide that the
    20  obligation of the state to pay the amount  therein  provided  shall  not
    21  constitute  a debt of the state within the meaning of any constitutional

    22  or statutory provision and shall be deemed executory only to the  extent
    23  of monies available and that no liability shall be incurred by the state
    24  beyond  the  monies available for such purpose, subject to annual appro-
    25  priation by the legislature. Any such contract or any payments  made  or
    26  to  be  made  thereunder  may  be  assigned and pledged by the dormitory
    27  authority and the urban development  corporation  as  security  for  its
    28  bonds and notes, as authorized by this section.
    29    § 44. Subdivision 1 of section 17 of part D of chapter 389 of the laws
    30  of  1997,  providing  for  the  financing of the correctional facilities
    31  improvement fund and the youth facility improvement fund, as amended  by
    32  section  43  of part BB of chapter 58 of the laws of 2011, is amended to
    33  read as follows:

    34    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
    35  notwithstanding the provisions of section 18 of section 1 of chapter 174
    36  of the laws of 1968, the New York state urban development corporation is
    37  hereby  authorized  to  issue  bonds,  notes and other obligations in an
    38  aggregate principal amount not  to  exceed  four  hundred  [twenty-nine]
    39  sixty-five  million  [five]  three hundred [fifteen] sixty-five thousand
    40  dollars [($429,515,000)] ($465,365,000), which  authorization  increases
    41  the  aggregate  principal  amount  of bonds, notes and other obligations
    42  authorized by section 40 of chapter 309 of the laws of 1996,  and  shall
    43  include  all bonds, notes and other obligations issued pursuant to chap-

    44  ter 211 of the laws of 1990, as amended or supplemented. The proceeds of
    45  such bonds, notes or other obligations shall be paid to the  state,  for
    46  deposit  in the youth facilities improvement fund, to pay for all or any
    47  portion of the amount or amounts paid by the state  from  appropriations
    48  or  reappropriations  made to the office of children and family services
    49  from the youth facilities improvement fund  for  capital  projects.  The
    50  aggregate  amount of bonds, notes and other obligations authorized to be
    51  issued pursuant to this section shall  exclude  bonds,  notes  or  other
    52  obligations  issued  to  refund or otherwise repay bonds, notes or other
    53  obligations theretofore issued, the proceeds of which were paid  to  the
    54  state  for  all  or  a portion of the amounts expended by the state from
    55  appropriations or reappropriations made to the office  of  children  and

    56  family  services;  provided,  however,  that  upon any such refunding or

        S. 6355--D                         68                         A. 8555--D
 
     1  repayment the total aggregate principal  amount  of  outstanding  bonds,
     2  notes  or  other  obligations  may be greater than four hundred [twenty-
     3  nine] sixty-five million [five] three hundred [fifteen] sixty-five thou-
     4  sand dollars [$429,515,000] ($465,365,000), only if the present value of
     5  the aggregate debt service of the refunding or repayment bonds, notes or
     6  other obligations to be issued shall not exceed the present value of the
     7  aggregate debt service of the bonds, notes or other obligations so to be
     8  refunded  or  repaid.  For the purposes hereof, the present value of the

     9  aggregate debt service of the refunding or  repayment  bonds,  notes  or
    10  other  obligations and of the aggregate debt service of the bonds, notes
    11  or other obligations so refunded  or  repaid,  shall  be  calculated  by
    12  utilizing  the  effective  interest  rate  of the refunding or repayment
    13  bonds, notes or other obligations, which shall be that rate  arrived  at
    14  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
    15  necessary to discount the debt service  payments  on  the  refunding  or
    16  repayment bonds, notes or other obligations from the payment dates ther-
    17  eof  to  the date of issue of the refunding or repayment bonds, notes or
    18  other obligations and to  the  price  bid  including  estimated  accrued
    19  interest  or  proceeds  received  by the corporation including estimated
    20  accrued interest from the sale thereof.
    21    § 45. Intentionally omitted.

    22    § 46. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
    23  chapter 392 of the laws of 1973, constituting the New York state medical
    24  care  facilities  finance agency act, as amended by section 49-c of part
    25  PP of chapter 56 of the laws of 2009, is amended to read as follows:
    26    b. The agency shall have power and is hereby authorized from  time  to
    27  time  to  issue negotiable bonds and notes in conformity with applicable
    28  provisions of the uniform commercial code in such principal  amount  as,
    29  in  the  opinion  of  the  agency, shall be necessary, after taking into
    30  account other moneys which may be available for the purpose, to  provide
    31  sufficient  funds  to  the  facilities  development  corporation, or any
    32  successor agency, for the financing or refinancing of or for the design,
    33  construction, acquisition, reconstruction, rehabilitation or improvement

    34  of mental health services facilities pursuant to  paragraph  a  of  this
    35  subdivision,  the payment of interest on mental health services improve-
    36  ment bonds and mental health services improvement notes issued for  such
    37  purposes,  the establishment of reserves to secure such bonds and notes,
    38  the cost or premium of bond insurance or  the  costs  of  any  financial
    39  mechanisms  which  may  be used to reduce the debt service that would be
    40  payable by the agency on its mental health services facilities  improve-
    41  ment  bonds  and notes and all other expenditures of the agency incident
    42  to and necessary or convenient to providing the  facilities  development
    43  corporation,  or  any  successor agency, with funds for the financing or
    44  refinancing of or for any such design, construction, acquisition, recon-
    45  struction, rehabilitation or improvement and for the refunding of mental

    46  hygiene improvement bonds issued pursuant to section 47-b of the private
    47  housing finance law; provided, however, that the agency shall not  issue
    48  mental  health  services  facilities improvement bonds and mental health
    49  services facilities improvement notes in an aggregate  principal  amount
    50  exceeding  seven  billion  [three]  four hundred [sixty-six] thirty-five
    51  million [six] eight hundred fifteen thousand dollars,  excluding  mental
    52  health  services facilities improvement bonds and mental health services
    53  facilities improvement notes issued to refund outstanding mental  health
    54  services facilities improvement bonds and mental health services facili-
    55  ties  improvement notes; provided, however, that upon any such refunding
    56  or repayment of mental  health  services  facilities  improvement  bonds

        S. 6355--D                         69                         A. 8555--D
 
     1  and/or  mental  health  services  facilities improvement notes the total
     2  aggregate principal amount of outstanding mental health services facili-
     3  ties improvement bonds and mental health  facilities  improvement  notes
     4  may be greater than seven billion [three] four hundred [sixty-six] thir-
     5  ty-five  million  [six]  eight hundred fifteen thousand dollars only if,
     6  except as hereinafter provided with respect to  mental  health  services
     7  facilities  bonds  and mental health services facilities notes issued to
     8  refund mental hygiene improvement bonds authorized to be issued pursuant
     9  to the provisions of section 47-b of the private  housing  finance  law,

    10  the  present  value  of  the  aggregate debt service of the refunding or
    11  repayment bonds to be issued shall not exceed the present value  of  the
    12  aggregate  debt  service  of  the  bonds  to  be refunded or repaid. For
    13  purposes hereof, the present values of the aggregate debt service of the
    14  refunding or repayment bonds, notes or  other  obligations  and  of  the
    15  aggregate  debt  service  of  the  bonds,  notes or other obligations so
    16  refunded or repaid, shall  be  calculated  by  utilizing  the  effective
    17  interest  rate of the refunding or repayment bonds, notes or other obli-
    18  gations, which shall be that rate arrived at by doubling the semi-annual
    19  interest rate (compounded semi-annually) necessary to discount the  debt
    20  service  payments  on  the  refunding or repayment bonds, notes or other
    21  obligations from the payment dates thereof to the date of issue  of  the

    22  refunding  or  repayment  bonds,  notes  or other obligations and to the
    23  price bid including estimated accrued interest or proceeds  received  by
    24  the  authority including estimated accrued interest from the sale there-
    25  of. Such bonds, other than bonds issued  to  refund  outstanding  bonds,
    26  shall  be  scheduled  to  mature  over  a term not to exceed the average
    27  useful life, as certified by the facilities development corporation,  of
    28  the  projects  for which the bonds are issued, and in any case shall not
    29  exceed thirty years and the maximum maturity of notes  or  any  renewals
    30  thereof  shall not exceed five years from the date of the original issue
    31  of such notes. Notwithstanding the provisions of this section, the agen-
    32  cy shall have the power and is hereby authorized to issue mental  health
    33  services  facilities  improvement  bonds  and/or  mental health services

    34  facilities  improvement  notes  to  refund  outstanding  mental  hygiene
    35  improvement  bonds authorized to be issued pursuant to the provisions of
    36  section 47-b of the private housing finance law and the amount of  bonds
    37  issued  or  outstanding  for  such  purposes  shall  not be included for
    38  purposes of determining the amount of  bonds  issued  pursuant  to  this
    39  section. The director of the budget shall allocate the aggregate princi-
    40  pal  authorized  to  be  issued by the agency among the office of mental
    41  health, office [of mental retardation and] for people with developmental
    42  disabilities, and the office of alcoholism and substance abuse services,
    43  in consultation with their respective commissioners to finance  bondable
    44  appropriations previously approved by the legislature.
    45    § 46-a. Subdivision 1 of section 49 of section 1 of chapter 174 of the

    46  laws  of  1968, constituting the New York state urban development corpo-
    47  ration act, as added by section 69-c of part HH of  chapter  57  of  the
    48  laws of 2013, is amended to read as follows:
    49    1.  Notwithstanding  the  provisions of any other law to the contrary,
    50  the dormitory authority and the corporation  are  hereby  authorized  to
    51  issue  bonds  or  notes in one or more series for the purpose of funding
    52  project costs for the state and municipal facilities program  and  other
    53  state costs associated with such capital projects. The aggregate princi-
    54  pal  amount  of  bonds  authorized to be issued pursuant to this section
    55  shall not exceed [three] seven  hundred  [eighty-five]  seventy  million
    56  dollars, excluding bonds issued to fund one or more debt service reserve


        S. 6355--D                         70                         A. 8555--D
 
     1  funds, to pay costs of issuance of such bonds, and bonds or notes issued
     2  to refund or otherwise repay such bonds or notes previously issued. Such
     3  bonds and notes of the dormitory authority and the corporation shall not
     4  be  a  debt of the state, and the state shall not be liable thereon, nor
     5  shall they be payable out of any funds other than those appropriated  by
     6  the  state to the dormitory authority and the corporation for principal,
     7  interest, and related expenses pursuant to a service contract  and  such
     8  bonds  and  notes  shall contain on the face thereof a statement to such
     9  effect. Except for purposes of complying with the internal revenue code,
    10  any interest income earned on bond proceeds shall only be  used  to  pay
    11  debt service on such bonds.

    12    § 46-b. Section 1 of chapter 174 of the laws of 1968, constituting the
    13  New York state urban development corporation act, is amended by adding a
    14  new section 50 to read as follows:
    15    §  50.  1.  Notwithstanding  the  provisions  of  any other law to the
    16  contrary, the dormitory authority and the urban development  corporation
    17  are  hereby authorized to issue bonds or notes in one or more series for
    18  the purpose of funding project costs  undertaken  by  or  on  behalf  of
    19  special  act school districts, state-supported schools for the blind and
    20  deaf and approved private special education schools, and  other    state
    21  costs  associated  with  such  capital projects. The aggregate principal
    22  amount of bonds authorized to be issued pursuant to this  section  shall

    23  not  exceed five million dollars,  excluding bonds issued to fund one or
    24  more debt service reserve funds, to pay costs of issuance of such bonds,
    25  and bonds or notes issued to refund or otherwise  repay  such  bonds  or
    26  notes previously issued. Such bonds and notes of the dormitory authority
    27  and  the urban development corporation shall not be a debt of the state,
    28  and the state shall not be liable thereon, nor shall they be payable out
    29  of any funds other than those appropriated by the state to the dormitory
    30  authority and the urban development corporation for principal, interest,
    31  and related expenses pursuant to a service contract and such  bonds  and
    32  notes  shall  contain  on  the  face thereof a statement to such effect.

    33  Except for purposes of complying with the  internal  revenue  code,  any
    34  interest  income  earned on bond proceeds shall only be used to pay debt
    35  service on such bonds.
    36    2. Notwithstanding any other provision of  law  to  the  contrary,  in
    37  order to assist the dormitory authority and the urban development corpo-
    38  ration  in  undertaking the financing for project costs undertaken by or
    39  on behalf of special act school districts, state-supported  schools  for
    40  the  blind  and deaf and approved private special education schools, and
    41  other state costs associated with such capital projects, the director of
    42  the budget is hereby authorized  to  enter  into  one  or  more  service
    43  contracts  with the dormitory authority and the urban development corpo-

    44  ration, none of which shall exceed thirty years in duration,  upon  such
    45  terms  and  conditions  as  the director of the budget and the dormitory
    46  authority and the urban development corporation agree, so as to annually
    47  provide to the dormitory authority  and  the  urban  development  corpo-
    48  ration,  in  the aggregate, a sum not to exceed the principal, interest,
    49  and related expenses required for such  bonds  and  notes.  Any  service
    50  contract  entered  into  pursuant to this section shall provide that the
    51  obligation of the state to pay the amount  therein  provided  shall  not
    52  constitute  a debt of the state within the meaning of any constitutional
    53  or statutory provision and shall be deemed executory only to the  extent

    54  of monies available and that no liability shall be incurred by the state
    55  beyond  the  monies available for such purpose, subject to annual appro-
    56  priation by the legislature. Any such contract or any payments  made  or

        S. 6355--D                         71                         A. 8555--D
 
     1  to  be  made  thereunder  may  be  assigned and pledged by the dormitory
     2  authority and the urban development  corporation  as  security  for  its
     3  bonds and notes, as authorized by this section.
     4    3.  Subdivisions 1 and 2 of this section shall take effect only in the
     5  event that a chapter of the laws of 2014, enacting  the  "smart  schools
     6  bond act of 2014", is submitted to the people at the general election to

     7  be held in November 2014 and is approved by a majority of all votes cast
     8  for  and against it at such election. Upon such approval, subdivisions 1
     9  and 2 of this section shall take effect immediately. If such approval is
    10  not obtained, subdivisions 1 and 2 of this section shall expire  and  be
    11  deemed repealed.
    12    §  46-c. Paragraph (b) of subdivision 3 of section 1 and clause (B) of
    13  subparagraph (iii) of paragraph (j) of subdivision 4  of  section  1  of
    14  part D of chapter 63 of the laws of 2005 relating to the composition and
    15  responsibilities of the New York state higher education capital matching
    16  grant board, is amended to read as follows:
    17    (b)  Within amounts appropriated therefor, the board is hereby author-
    18  ized and directed to award matching capital grants  totaling  [150]  180

    19  million dollars. Each college shall be eligible for a grant award amount
    20  as  determined  by the calculations pursuant to subdivision five of this
    21  section. In addition, such colleges shall be  eligible  to  compete  for
    22  additional  funds  pursuant to paragraph (h) of subdivision four of this
    23  section.
    24    (B) The dormitory authority shall not issue any bonds or notes  in  an
    25  amount  in  excess of [150] 180 million dollars for the purposes of this
    26  section; excluding bonds or notes  issued  to  fund  one  or  more  debt
    27  service reserve funds, to pay costs of issuance of such bonds, and bonds
    28  or  notes issued to refund or otherwise repay such bonds or notes previ-
    29  ously issued. Except for purposes of complying with the internal revenue
    30  code, any interest on bond proceeds shall  only  be  used  to  pay  debt
    31  service on such bonds.

    32    §  46-d.  Paragraph  (a) of subdivision 1 and subdivision 4 of section
    33  3234 of the public authorities law, paragraph (a) of  subdivision  1  as
    34  amended by chapter 766 of the laws of 2005 and subdivision 4 as added by
    35  chapter 220 of the laws of 1990, are amended to read as follows:
    36    (a)  The  corporation shall be administered by seven directors, one of
    37  whom shall be the comptroller, one of whom shall be the director of  the
    38  budget  and  five  of whom shall be appointed by the governor. The comp-
    39  troller and the director of the budget shall be entitled to designate  a
    40  representative  or  representatives  to  attend meetings of the board in
    41  their place, and to vote or otherwise  act  on  their  behalf  in  their
    42  absence. Notice of such designation shall be furnished in writing to the

    43  board  by  the designating director. A representative shall serve at the
    44  pleasure of the designating  director  during  the  director's  term  of
    45  office.  A representative shall not be authorized to delegate any of his
    46  or her duties or functions to any other person. A director who is not  a
    47  state  official  shall  serve for a term expiring at the end of the term
    48  actually served by the officer making the appointment and may be removed
    49  for cause by such officer after hearing on ten days notice.
    50    4.  Notwithstanding  any  inconsistent  provisions  of  law,  general,
    51  special  or  local, no officer or employee of the state of New York, any
    52  city, county, town or village, any other political or civil division  of
    53  the  state,  any  municipality,  any  governmental  entity operating any

    54  public school or college, any school district or any other public agency
    55  or instrumentality or unit of government  which  exercises  governmental
    56  powers  under  the laws of the state, shall forfeit office or employment

        S. 6355--D                         72                         A. 8555--D
 
     1  by reason of acceptance of appointment as  a  director,  representative,
     2  officer  or agent of the corporation nor shall service as such director,
     3  representative, officer or agent of the corporation be deemed  incompat-
     4  ible or in conflict with such office or employment.
     5    §  47.  This  act shall take effect immediately and shall be deemed to
     6  have been in full force and effect on and after April 1, 2014;  provided
     7  that  sections  one through nine, and sections thirteen through nineteen

     8  of this act shall expire March  31,  2015,  when  upon  such  date,  the
     9  provisions of such sections shall be deemed repealed.
 
    10                                   PART J
 
    11                            Intentionally Omitted
 
    12                                   PART K
 
    13    Section  1.  The  opening paragraph of subdivision 3 of section 5-a of
    14  the legislative law, as amended by section 1 of part S of chapter 55  of
    15  the laws of 2012, is amended to read as follows:
    16    Any member of the assembly serving in a special capacity in a position
    17  set  forth  in  the  following  schedule shall be paid the allowance set
    18  forth in such schedule only for the legislative term commencing  January
    19  first,  two thousand [thirteen] fifteen and terminating December thirty-
    20  first, two thousand [fourteen] sixteen:

    21    § 2. Section 13 of chapter 141 of  the  laws  of  1994,  amending  the
    22  legislative  law and the state finance law relating to the operation and
    23  administration of the legislature, as amended by section 1 of part X  of
    24  chapter 55 of the laws of 2013, is amended to read as follows:
    25    §  13.  This  act shall take effect immediately and shall be deemed to
    26  have been in full force and effect as of April 1, 1994,  provided  that,
    27  the  provisions  of  section  5-a  of  the legislative law as amended by
    28  sections two and two-a of this act shall take effect on January 1, 1995,
    29  and provided further that, the provisions of article 5-A of the legisla-
    30  tive law as added by section eight of this act  shall  expire  June  30,
    31  [2014]  2015 when upon such date the provisions of such article shall be
    32  deemed repealed; and provided further that section twelve  of  this  act

    33  shall be deemed to have been in full force and effect on and after April
    34  10, 1994.
    35    §  3.    This act shall take effect immediately, provided, however, if
    36  section two of this act shall take effect on  or  after  June  30,  2014
    37  section  two  of this act shall be deemed to have been in full force and
    38  effect on and after June 30, 2014.
 
    39                                   PART L
 
    40    Section 1. Paragraph (b) of subdivision 1 and paragraph (a) of  subdi-
    41  vision 2 of section 367 of the executive law, as added by chapter 399 of
    42  the laws of 2007, are amended to read as follows:
    43    (b)  The  entitlement of any parent to receive the annuity provided by
    44  paragraph (a) of this subdivision shall terminate upon his or her  death
    45  or upon his or her ceasing to continue to be a resident of and domiciled
    46  in  the  state  of New York, but such entitlement may be reinstated upon

    47  application to the state  director,  if  such  parent  shall  thereafter
    48  resume his or her residence and domicile in the state.

        S. 6355--D                         73                         A. 8555--D
 
     1    (a) Any gold star parent, who is the parent of a deceased veteran, and
     2  who  is a resident of and domiciled in the state of New York [and has an
     3  income at or below two hundred percent of the  federal  poverty  level],
     4  shall make application to the division.
     5    § 2. This act shall take effect immediately.
 
     6                                   PART M
 
     7    Section  1.  Subdivision  4 of section 500-b of the correction law, as
     8  added by chapter 907 of the laws of 1984, is amended to read as follows:
     9    4. No person under [nineteen] eighteen years of age shall be placed or

    10  kept or allowed to be at any time with any prisoner or prisoners  [nine-
    11  teen]  eighteen  years  of age or older, in any room, dormitory, cell or
    12  tier of the buildings of such institution unless separately  grouped  to
    13  prevent  access  to  persons  under  [nineteen] eighteen years of age by
    14  prisoners [nineteen] eighteen years of age or older.
    15    § 2. Subparagraph 3 of paragraph (c) of subdivision 8 of section 500-b
    16  of the correction law, as added by chapter 907 of the laws of  1984,  is
    17  amended to read as follows:
    18    (3) persons under [nineteen] eighteen years of age with persons [nine-
    19  teen] eighteen years of age or older; or
    20    § 3. Subdivision 13 of section 500-b of the correction law, as amended

    21  by chapter 574 of the laws of 1985, is amended to read as follows:
    22    13.  Where in the opinion of the chief administrative officer an emer-
    23  gency overcrowding condition exists in  a  local  correctional  facility
    24  caused  in  part  by  the prohibition against the commingling of persons
    25  under [nineteen] eighteen years of age with persons [nineteen]  eighteen
    26  years  of age or older or the commingling of persons [nineteen] eighteen
    27  years of age or older with persons under [nineteen]  eighteen  years  of
    28  age,  the  chief  administrative officer may apply to the commission for
    29  permission to commingle the aforementioned categories of inmates  for  a
    30  period  not  to  exceed  thirty  days as provided herein. The commission
    31  shall acknowledge to the chief administrative  officer  the  receipt  of

    32  such  application  upon  its receipt.   The chief administrative officer
    33  shall be permitted to commingle  such  inmates  upon  acknowledgment  of
    34  receipt  of  the  application  by  the  commission. The commission shall
    35  assess the application within seven  days  of  receipt.  The  commission
    36  shall deny any such application and shall prohibit the continued commin-
    37  gling  of  such  inmates  where it has found that the local correctional
    38  facility does not meet the criteria set forth in  this  subdivision  and
    39  further  is  in substantial noncompliance with minimum staffing require-
    40  ments as provided in commission rules and regulations. In addition,  the
    41  commission  shall  determine  whether  the  commingling  of such inmates
    42  presents a danger to the health, safety or welfare of any  such  inmate.
    43  If  no  such danger exists the chief administrative officer may continue

    44  the commingling until the expiration of the  aforementioned  thirty  day
    45  period  or  until such time as he determines that the overcrowding which
    46  necessitated the commingling no longer exists, whichever  occurs  first.
    47  In the event the commission determines that such danger exists, it shall
    48  immediately notify the chief administrative officer, and the commingling
    49  of  such  inmates  shall cease. Such notification shall include specific
    50  measures which should be undertaken by the chief administrative officer,
    51  to correct such dangers. The chief administrative  officer  may  correct
    52  such  dangers and reapply to the commission for permission to commingle;
    53  however, no commingling may take place until such time as the commission
    54  certifies that the facility is now in compliance with the  measures  set


        S. 6355--D                         74                         A. 8555--D
 
     1  forth  in  the  notification  under  this subdivision. When such certif-
     2  ication has been received  by  the  chief  administrative  officer,  the
     3  commingling may continue for thirty days, less any time during which the
     4  chief  administrative  officer  commingled  such  inmates  following his
     5  application to the commission, or until such time as he determines  that
     6  the  overcrowding  which  necessitated the commingling no longer exists,
     7  whichever occurs first. The chief administrative officer may  apply  for
     8  permission to commingle such inmates for up to two additional thirty day
     9  periods,  in conformity with the provisions and the requirements of this
    10  subdivision, in a given calendar year. For the  period  ending  December
    11  thirtieth,  nineteen  hundred  eighty-four, a locality may not apply for

    12  more than one thirty day commingling period.
    13    § 4. This act shall take effect immediately, provided,  however,  that
    14  the  amendments  to section 500-b of the correction law made by sections
    15  one, two and three of this act shall  not  affect  the  repeal  of  such
    16  section and shall be deemed to be repealed therewith.
 
    17                                   PART N
 
    18    Section  1.  Subdivision  8  of section 837-a of the executive law, as
    19  amended by section 108 of subpart B of part C of chapter 62 of the  laws
    20  of 2011, is amended to read as follows:
    21    8. Present to the governor, temporary president of the senate, minori-
    22  ty leader of the senate, speaker of the assembly and the minority leader
    23  of the assembly an annual report about the function and effectiveness of
    24  the [Operation IMPACT] Gun Involved Violence Elimination (GIVE) program.

    25  Such  report  shall include, but not be limited to, crime data obtained,
    26  analyzed and used by each [Operation IMPACT] Gun Involved Violence Elim-
    27  ination (GIVE) partnership in participating counties and affected  muni-
    28  cipalities  including the number of arrests made by law enforcement as a
    29  direct result of the [Operation IMPACT]  Gun  Involved  Violence  Elimi-
    30  nation  (GIVE)  program  including any available demographic information
    31  about the persons arrested and prosecuted and the  disposition  of  such
    32  matters,  and  any other information related to the program's effective-
    33  ness in reducing crime. Such report shall also include information about
    34  crime reduction strategies developed by [Operation IMPACT] Gun  Involved

    35  Violence Elimination (GIVE) partnerships, the number of state police and
    36  department  of  corrections  and community supervision personnel partic-
    37  ipating in [Operation IMPACT] Gun Involved Violence  Elimination  (GIVE)
    38  activities,  and  a description of training supplied to local [Operation
    39  IMPACT] Gun  Involved  Violence  Elimination  (GIVE)  participants.  The
    40  initial report required by this paragraph shall be presented by December
    41  thirty-first,  two  thousand six.  Thereafter, an annual report shall be
    42  presented no later than December thirty-first of each year.
    43    § 2. This act shall take effect immediately.
 
    44                                   PART O
 
    45    Section 1. The provisions of subdivision (c) of section 11-245.1-b  of
    46  the  administrative code of the city of New York shall not be applicable

    47  to any multiple dwelling containing fewer than 4 dwelling units, as  set
    48  forth  in the certificate of occupancy, that is located on lots numbered
    49  1667 through 1708 and lots numbered 1801 through  1964  of  Bronx  block
    50  numbered  3432, as such lots are indicated on the tax map of the city of
    51  New York, provided that the construction of any such multiple  dwellings
    52  on  those  lots  commences  on  or before January 1, 2009, and provided,

        S. 6355--D                         75                         A. 8555--D
 
     1  further, that any application for a preliminary or a  final  certificate
     2  of eligibility for such lots is submitted to the local housing agency no
     3  later than 180 days after the effective date of this act.
     4    § 2. This act shall take effect immediately.
 
     5                                   PART P
 

     6    Section  1.  The commissioner of general services is hereby authorized
     7  to construct or cause to be constructed, at a suitable  and  appropriate
     8  outdoor location on the Empire State Plaza in the city of Albany a monu-
     9  ment,  tablet  or  memorial of a design honoring and properly reflecting
    10  the duty, dignity and devotion of  the  uniformed  personnel  in  insti-
    11  tutions  under  the  jurisdiction  of  the department of corrections and
    12  community supervision of New  York state who have died in  the  line  of
    13  duty. The commissioner of general services shall confer with the commis-
    14  sioner  of  the department of corrections and community supervision, the
    15  commissioner of the division  of  criminal  justice  services,  and  the
    16  employee  labor  organization representing the security services collec-
    17  tive bargaining unit with respect to such memorial. Until completion  of

    18  such  memorial  the commissioner of general services shall report to the
    19  legislature on or before the first day of November on  the  progress  of
    20  this effort on an annual basis.
    21    § 2. (a) There is hereby established in the joint custody of the state
    22  comptroller and the commissioner of taxation and finance, a special fund
    23  to be known as the correctional employees' memorial fund.
    24    (b)  Moneys  of such fund shall be made available for the sole purpose
    25  of funding the construction of the memorial provided for in section  one
    26  of this act.
    27    (c)  Such  fund  shall consist of an appropriation of the sum of three
    28  hundred thousand dollars ($300,000), or so much thereof as may be neces-
    29  sary for the cost of such memorial and expenses thereto incurred by  the
    30  commissioner  of  general  services as authorized by section one of this
    31  act.

    32    (d) The moneys of such fund shall be paid on the audit and warrant  of
    33  the comptroller on vouchers certified or approved by the commissioner of
    34  general services.
    35    (e)  Upon completion of such memorial and after payment of all associ-
    36  ated expenses incurred in connection therewith all moneys then remaining
    37  in such fund shall be transferred and deposited into the state  purposes
    38  account of the general fund.
    39    § 3. This act shall take effect immediately.
 
    40                                   PART Q
 
    41    Section 1.  Paragraph (b) of subdivision 5 of section 186-f of the tax
    42  law,  as added by section 3 of part B of chapter 56 of the laws of 2009,
    43  is amended to read as follows:
    44    (b) after deducting the amount paid under paragraph (a) of this subdi-
    45  vision and the amount  retained  by  wireless  communications  suppliers

    46  pursuant  to  paragraph  (d)  of  subdivision  two  of this section, the
    47  balance of the revenues collected under this section into the [New  York
    48  state  wireless  telephone  emergency  service]  statewide public safety
    49  communications  account  of  the  miscellaneous  special  revenue  fund,
    50  created pursuant to section ninety-seven-qq of the state finance law.
    51    §  2.  Subdivision  6  of  section  186-f of the tax law is amended by
    52  adding a new paragraph (g) to read as follows:

        S. 6355--D                         76                         A. 8555--D
 
     1    (g) The sum of ten million dollars annually  shall  be  used  for  the
     2  provision  of  grants to counties for costs related to the operations of

     3  public safety dispatch centers, to be distributed  pursuant  to  a  plan
     4  developed  by  the  commissioner  of  homeland  security  and  emergency
     5  services  and  approved  by  the  director  of the budget. Such plan may
     6  consider such factors as population density and emergency call volume.
     7    § 3. Section 97-qq of the state finance law, as added by section 37 of
     8  part E of chapter 58 of the laws of 1998, subdivision 1  as  amended  by
     9  chapter 524 of the laws of 2008, is amended to read as follows:
    10    §  97-qq. [New York state wireless telephone emergency service] State-
    11  wide public safety communications account. 1.   There is  hereby  estab-
    12  lished in the joint custody of the state comptroller and the commission-

    13  er  of  taxation  and finance a fund to be known as the ["New York state
    14  wireless telephone emergency service account"] "statewide public  safety
    15  communications account".
    16    2.  The  [New York state wireless telephone emergency service account]
    17  statewide public safety communications  account  shall  consist  of  all
    18  monies deposited in this account pursuant to a subsequent chapter of the
    19  laws  of  nineteen hundred ninety-eight, all monies appropriated for its
    20  purpose, all monies transferred to such account pursuant to law, and all
    21  monies deposited pursuant to any other law to be paid into  or  credited
    22  to  the account, including all monies received by the account or donated
    23  to it.
    24    § 4. This act shall take effect immediately.
 
    25                                   PART R
 

    26    Section 1. Subdivision 1 of section 1317 of  the  racing,  pari-mutuel
    27  wagering  and breeding law, as added by chapter 174 of the laws of 2013,
    28  is amended to read as follows:
    29    1. Upon receipt of an application for a gaming facility  license,  the
    30  commission  shall cause to be commenced an investigation by the division
    31  of state police into the suitability of the applicant. In evaluating the
    32  suitability of the applicant, the commission shall consider the  overall
    33  reputation of the applicant including, without limitation:
    34    (a)  the  integrity,  honesty,  good  character  and reputation of the
    35  applicant;
    36    (b) the financial stability, integrity and background  of  the  appli-
    37  cant;
    38    (c)  the  business practices and the business ability of the applicant
    39  to establish and maintain a successful gaming facility;

    40    (d) whether the applicant has a  history  of  compliance  with  gaming
    41  licensing requirements in other jurisdictions;
    42    (e)  whether the applicant, at the time of application, is a defendant
    43  in litigation involving its business practices;
    44    (f) the suitability of all parties in interest to the gaming  facility
    45  license,  including  affiliates  and  close associates and the financial
    46  resources of the applicant; and
    47    (g) whether the applicant is disqualified  from  receiving  a  license
    48  under this article; provided, however, that in considering the rehabili-
    49  tation  of  an  applicant  for a gaming facility license, the commission
    50  shall not automatically disqualify an applicant if the applicant  affir-
    51  matively demonstrates, by clear and convincing evidence, that the appli-
    52  cant  has financial responsibility, character, reputation, integrity and

    53  general fitness as such to warrant belief by  the  commission  that  the

        S. 6355--D                         77                         A. 8555--D
 
     1  applicant will act honestly, fairly, soundly and efficiently as a gaming
     2  licensee.
     3    § 2. This act shall take effect immediately.
 
     4                                   PART S
 
     5    Section  1.  Subsequent  to the closure of four facilities on or after
     6  July 26, 2014, the number of correctional  facilities  operated  by  the
     7  department   of  corrections  and  community  supervision  shall  remain
     8  unchanged until July 26, 2016, unless there  are  material  or  unantic-
     9  ipated  changes  in  the state's fiscal circumstances, financial plan or
    10  revenue.  Nothing shall restrict the governor or the commissioner of the
    11  department  of  corrections  and  community  supervision   from   making

    12  announcements  in accordance with the one-year notification requirements
    13  of section 79-a of the correction law in relation to  a  closure  on  or
    14  after July 26, 2016.
    15    §  2.  The commissioner of corrections and community supervision shall
    16  conduct a review of security staffing at each facility,  and  develop  a
    17  three-year  plan to enhance safety in correctional facilities, which may
    18  include increases in security  staffing.  In  preparing  the  plan,  the
    19  commissioner  shall  solicit  feedback  from  the public employee unions
    20  representing security staff. As part of such  plan,  during  the  fiscal
    21  year  beginning April 1, 2014, the department shall deploy the first 275
    22  of these additional security staff.
    23    §  3.  By  no  later  than  September  30,  2014,  the  department  of
    24  corrections  and  community supervision shall develop clear and detailed

    25  definitions of at least four graduated categories of degrees of injuries
    26  that may result from assaults occurring within correctional  facilities.
    27  Beginning  on January 10, 2015, and within ten days of the start of each
    28  quarter thereafter, the department of corrections and  community  super-
    29  vision  shall  make public   the number of assaults occurring within the
    30  prior quarter by inmates on staff, and  by  inmates  on  other  inmates,
    31  which shall list the degrees of injuries that resulted from the assaults
    32  within the detailed categories defined by such department.
    33    § 4. This act shall take effect immediately.
 
    34                                   PART T
 
    35    Section  1.   Short title. This act shall be known and may be cited as
    36  the "Mohawk Valley and Niagara county assessment relief act".
    37    § 2. Definitions. For the purposes of this act,  the  following  terms

    38  shall have the following meanings:
    39    1.  "Eligible  county"  shall  mean  the counties of Oneida, Herkimer,
    40  Madison, Montgomery, Tompkins, Cortland, Chemung, Schuyler, Steuben  and
    41  Niagara.
    42    2.  "Eligible  municipality"  shall  mean  a municipal corporation, as
    43  defined by subdivision 10 of section 102 of the real property  tax  law,
    44  which  is  either: (a) an eligible county; or (b) a city, town, village,
    45  special district, or school district that is wholly or partly  contained
    46  within an eligible county.
    47    3.  "Impacted  tax  roll"  shall  mean the final assessment roll which
    48  satisfies both of the following conditions: (a) the roll is based upon a
    49  taxable status date occurring prior to June  20,  2013;  and  (b)  taxes
    50  levied  upon  that  roll by or on behalf of a participating municipality
    51  are payable without interest on or after June 20, 2013.

        S. 6355--D                         78                         A. 8555--D
 
     1    4. "Participating municipality" shall mean  an  eligible  municipality
     2  that  has  passed  a  local  law,  ordinance,  or resolution pursuant to
     3  section three of this act  to  provide  assessment  relief  to  property
     4  owners  within  such eligible municipality pursuant to the provisions of
     5  this act.
     6    5.  "Severe  weather"  shall  mean the storms, rains, winds, or floods
     7  which occurred within an eligible county during the period beginning  on
     8  June 20, 2013 and ending August 9, 2013.
     9    6.  "Total  assessed value" shall mean the total assessed value on the
    10  parcel prior to any and all exemption adjustments.
    11    7. "Improved value" shall mean the market value of the  real  property
    12  improvements excluding the land.

    13    8.  "Property"  shall  mean  "real  property", "property" or "land" as
    14  defined under paragraphs (a) through (g) of subdivision  12  of  section
    15  102 of the real property tax law.
    16    §   3.  Local  option.  An  eligible  municipality  may  exercise  the
    17  provisions of this act if its governing body shall, by  the  forty-fifth
    18  day  following the date upon which this act is approved by the governor,
    19  pass a local law or in the case of a school district a resolution adopt-
    20  ing the provisions of this act.   An eligible municipality  may  provide
    21  assessment  relief  for real property impacted by severe weather located
    22  within such municipality as provided  in  paragraphs  (i),  (ii),  (iii)
    23  and/or  (iv)  of subdivision (a) of section four of this act only if its
    24  governing body specifically elects to do so as part of such local law or
    25  resolution.

    26    § 4. Assessment relief for severe weather victims in an eligible coun-
    27  ty. (a) Notwithstanding any provision of law to the contrary, where real
    28  property impacted by severe weather is located  within  a  participating
    29  municipality, assessment relief shall be granted as follows:
    30    (i)  If a participating municipality has elected to provide assessment
    31  relief for real property that lost at least ten percent  but  less  than
    32  twenty percent of its improved value due to severe weather, the assessed
    33  value  attributable  to  the  improvements  shall  be reduced by fifteen
    34  percent for purposes of the participating municipality on  the  impacted
    35  tax roll.
    36    (ii) If a participating municipality has elected to provide assessment
    37  relief for real property that lost at least twenty percent but less than
    38  thirty percent of its improved value due to severe weather, the assessed

    39  value  attributable  to the improvements shall be reduced by twenty-five
    40  percent for purposes of the participating municipality on  the  impacted
    41  tax roll.
    42    (iii)  If  a participating municipality has elected to provide assess-
    43  ment relief for real property that lost at least thirty percent but less
    44  than forty percent of its improved value  due  to  severe  weather,  the
    45  assessed  value  attributable  to  the  improvements shall be reduced by
    46  thirty-five percent for purposes of the  participating  municipality  on
    47  the impacted tax roll.
    48    (iv) If a participating municipality has elected to provide assessment
    49  relief  for real property that lost at least forty percent but less than
    50  fifty percent of its improved value due to severe weather, the  assessed
    51  value  attributable  to  the improvements shall be reduced by forty-five

    52  percent for purposes of the participating municipality on  the  impacted
    53  tax roll.
    54    (v) If the property lost at least fifty but less than sixty percent of
    55  its  improved  value due to severe weather, the assessed value attribut-

        S. 6355--D                         79                         A. 8555--D
 
     1  able to the improvements shall be  reduced  by  fifty-five  percent  for
     2  purposes of the participating municipality on the impacted tax roll.
     3    (vi) If the property lost at least sixty but less than seventy percent
     4  of  its improved value due to severe weather, the assessed value attrib-
     5  utable to the improvements shall be reduced by  sixty-five  percent  for
     6  purposes of the participating municipality on the impacted tax roll.
     7    (vii)  If  the  property  lost  at  least seventy but less than eighty

     8  percent of its improved value due to severe weather, the assessed  value
     9  attributable  to  the  improvements  shall  be  reduced  by seventy-five
    10  percent for purposes of the participating municipality on  the  impacted
    11  tax roll.
    12    (viii)  If  the  property  lost  at  least eighty but less than ninety
    13  percent of its improved value due to severe weather, the assessed  value
    14  attributable to the improvements shall be reduced by eighty-five percent
    15  for purposes of the participating municipality on the impacted tax roll.
    16    (ix)  If  the  property lost at least ninety but less than one hundred
    17  percent of its improved value due to severe weather, the assessed  value
    18  attributable to the improvements shall be reduced by ninety-five percent
    19  for purposes of the participating municipality on the impacted tax roll.
    20    (x) If the property lost one hundred percent of its improved value due

    21  to  severe  weather, the assessed value attributable to the improvements
    22  shall be reduced by one hundred percent for purposes of the  participat-
    23  ing municipality on the impacted tax roll.
    24    (xi)  The  percentage loss in improved value for this purpose shall be
    25  determined by the assessor in the manner provided by this  act,  subject
    26  to review by the board of assessment review.
    27    (xii) No reduction in assessed value shall be granted pursuant to this
    28  act  except  as  specified  above  for  such  counties.  No reduction in
    29  assessed value shall be granted pursuant to this section for purposes of
    30  any county, city, town, village or school district which has not adopted
    31  the provisions of this act.
    32    (b) To receive such relief pursuant  to  this  section,  the  property
    33  owner  shall submit a written request to the assessor on a form approved

    34  by the director of the state office of real property tax services within
    35  ninety days following the date upon which this act is  approved  by  the
    36  governor.  Such  request  shall describe in reasonable detail the damage
    37  caused to the property by severe weather and the condition of the  prop-
    38  erty following the severe weather and shall be accompanied by supporting
    39  documentation, if available.
    40    (c)  Upon receiving such a request, the assessor shall make a finding,
    41  as to whether the property lost at least fifty percent of  its  improved
    42  value or, if a participating municipality has elected to provide assess-
    43  ment  relief for real property that lost a lesser percentage of improved
    44  value, such lesser percentage of its  improved  value  as  a  result  of
    45  severe weather, and thereafter the assessor, shall adopt or classify the

    46  percentage loss of improved value within one of the following ranges:
    47    (i)  If a participating municipality has elected to provide assessment
    48  relief for real property that lost at least ten percent  but  less  than
    49  twenty  percent of its improvement value due to severe weather, at least
    50  ten percent but less than twenty percent,
    51    (ii) If a participating municipality has elected to provide assessment
    52  relief for real property that lost at least twenty percent but less than
    53  thirty percent of its improved value due to  severe  weather,  at  least
    54  twenty percent but less than thirty percent,
    55    (iii)  If  a participating municipality has elected to provide assess-
    56  ment relief for real property that lost at least thirty percent but less

        S. 6355--D                         80                         A. 8555--D
 

     1  than forty percent of its improved value due to severe weather, at least
     2  thirty percent but less than forty percent,
     3    (iv) If a participating municipality has elected to provide assessment
     4  relief  for real property that lost at least forty percent but less than
     5  fifty percent of its improved value due  to  severe  weather,  at  least
     6  forty percent but less than fifty percent,
     7    (v) At least fifty percent but less than sixty percent,
     8    (vi) At least sixty percent but less than seventy percent,
     9    (vii) At least seventy percent but less than eighty percent,
    10    (viii) At least eighty percent but less than ninety percent,
    11    (ix) At least ninety percent but less than one hundred percent, or
    12    (x) one hundred percent.
    13    (d)  The  assessor  shall  mail  written notice of such finding to the
    14  property owner and the participating municipality.  Where  the  assessor

    15  finds  that the loss in improved value is less than fifty percent or, if
    16  a participating municipality has elected to  provide  assessment  relief
    17  for  real  property located within such participating municipality for a
    18  lesser percentage, is less than such lesser  percentage,  or  classifies
    19  the  loss  within  a  lower  range  than  the property owner believes is
    20  warranted, the property owner may file a complaint  with  the  board  of
    21  assessment  review.  Such  board  shall  reconvene upon ten days written
    22  notice to the property owner and assessor to hear the appeal and  deter-
    23  mine  the  matter, and shall mail written notice of its determination to
    24  the assessor and property owner. The provisions of article 5 of the real
    25  property tax law shall govern the review process to the extent practica-
    26  ble. For the purposes of this act only, the applicant may commence with-

    27  in 30 days of service of a written  determination,  a  proceeding  under
    28  title  1  of  article 7 of the real property tax law, or, if applicable,
    29  under title 1-A of article 7 of the real property tax law. Sections  727
    30  and 739 of the real property tax law shall not apply.
    31    (e)  Where  property  has  lost at least fifty percent of its improved
    32  value or, if a participating municipality has elected to provide assess-
    33  ment relief for real property that lost a lesser percentage of  improved
    34  value,  such lesser percentage due to severe weather, the assessed value
    35  attributable to the improvements on the property on the impacted assess-
    36  ment roll shall be reduced by the appropriate  percentage  specified  in
    37  subdivision  (a) of this section, provided that any exemptions which the
    38  property may be receiving shall be adjusted as necessary to account  for

    39  such  reduction  in  the  total  assessed value. To the extent the total
    40  assessed value of the property originally appearing on such roll exceeds
    41  the amount to which it should be  reduced  pursuant  to  this  act,  the
    42  excess  shall  be  considered  an  error in essential fact as defined by
    43  subdivision 3 of section 550 of the real property tax law.  If the error
    44  appears on a tax roll, the tax roll shall be  corrected  in  the  manner
    45  provided  by  section  554  of  the real property tax law or a refund or
    46  credit of taxes shall be granted in the manner provided by  section  556
    47  or section 556-b of the real property tax law. If the error appears on a
    48  final  assessment roll but not on a tax roll, such final assessment roll
    49  shall be corrected in the manner provided by section  553  of  the  real
    50  property  tax  law.  The errors in essential fact found pursuant to this

    51  act on either the tax roll or final assessment roll, upon application to
    52  the county director of real property tax services, shall be forwarded by
    53  the county director of real property tax  services  immediately  to  the
    54  levying  body  for  an  immediate  order  setting  forth the appropriate
    55  correction.

        S. 6355--D                         81                         A. 8555--D
 
     1    (f) The rights contained in this act shall not otherwise diminish  any
     2  other  legally  available  right  of any property owner or party who may
     3  otherwise lawfully challenge the valuation or  assessment  of  any  real
     4  property or improvements thereon. All remaining rights hereby remain and
     5  shall  be  available to the party to whom such rights would otherwise be
     6  available notwithstanding this act.

     7    § 5. The commissioner of taxation and finance is authorized to develop
     8  a guidance memorandum for use by assessing units. Such guidance memoran-
     9  dum shall assist with the implementation of this act and shall be deemed
    10  to be advisory on all assessing units in counties  which  implement  the
    11  provisions  of this act.  The guidance memorandum shall have no force or
    12  effect or serve as authority for any other act of assessing units or  of
    13  the  interpretation  or  implementation  of the laws of the state of New
    14  York except as they relate to the specific implementation of this act.
    15    § 6. School districts held harmless.  Each  school  district  that  is
    16  wholly  or  partially  contained within an eligible county shall be held
    17  harmless by the state for any reduction in state  aid  that  would  have
    18  been paid as tax savings pursuant to section 1306-a of the real property

    19  tax law incurred due to the provisions of this act.
    20    §  7.  Bonds  authorized.  Serial  bonds, and in advance of such, bond
    21  anticipation notes, are hereby authorized pursuant to  subdivision  33-c
    22  of  paragraph  a  of  section  11.00 of the local finance law, provided,
    23  however, that any federal  community  development  block  grant  funding
    24  received  by  such  participating  municipality,  in relation to loss of
    25  property tax funding, shall first be used to defease, upon maturity, the
    26  interest and principal of any such bond or note so outstanding.
    27    § 8. Paragraph a of section 11.00 of the local finance law is  amended
    28  by adding a new subdivision 33-c to read as follows:
    29    33-c.  Real  property tax refunds and credits. Payments of exemptions,
    30  refunds, or credits for real property tax, sewer and water rents,  rates

    31  and  charges  and  all other real property taxes to be made by a munici-
    32  pality, school district or district corporation as a result  of  partic-
    33  ipating  in  the Mohawk Valley and Niagara county assessment relief act,
    34  ten years.
    35    § 9. This act shall take effect immediately and  shall  be  deemed  to
    36  have been in full force and effect on and after June 20, 2013.
 
    37                                   PART U
 
    38    Section  1.  Paragraph a of subdivision 3 of section 467-b of the real
    39  property tax law, as separately amended by chapters 188 and 205  of  the
    40  laws of 2005, is amended to read as follows:
    41    a.  for  a  dwelling  unit where the head of the household is a person
    42  sixty-two years of age or older, no tax abatement shall  be  granted  if
    43  the  combined  income of all members of the household for the income tax

    44  year immediately preceding the date of making application  exceeds  four
    45  thousand  dollars,  or such other sum not more than twenty-five thousand
    46  dollars beginning July first, two  thousand  five,  twenty-six  thousand
    47  dollars  beginning  July  first, two thousand six, twenty-seven thousand
    48  dollars beginning July first, two thousand seven, twenty-eight  thousand
    49  dollars  beginning  July  first,  two  thousand eight, [and] twenty-nine
    50  thousand dollars beginning July first,  two  thousand  nine,  and  fifty
    51  thousand  dollars beginning July first, two thousand fourteen, as may be
    52  provided by the local law, ordinance or resolution adopted  pursuant  to
    53  this  section,  provided  that  when  the  head of the household retires
    54  before the commencement of such income tax year and the date  of  filing


        S. 6355--D                         82                         A. 8555--D
 
     1  the  application,  the income for such year may be adjusted by excluding
     2  salary or earnings and projecting his or her retirement income over  the
     3  entire period of such year.
     4    §  2.  Subparagraph 1 of paragraph d of subdivision 1 of section 467-c
     5  of the real property tax law, as separately amended by chapters 188  and
     6  205 of the laws of 2005, is amended to read as follows:
     7    (1)  a  person  or  his or her spouse who is sixty-two years of age or
     8  older and is entitled to the possession or to the use and occupancy of a
     9  dwelling unit, provided, however, with respect to a dwelling  which  was
    10  subject  to  a  mortgage  insured  or  initially  insured by the federal
    11  government pursuant to section two  hundred  thirteen  of  the  National
    12  Housing Act, as amended "eligible head of the household" shall be limit-

    13  ed to that person or his or her spouse who was entitled to possession or
    14  the  use  and occupancy of such dwelling unit at the time of termination
    15  of such mortgage, and whose income when combined with the income of  all
    16  other  members  of  the  household,  does  not  exceed six thousand five
    17  hundred dollars for the taxable period, or such other sum not less  than
    18  sixty-five  hundred  dollars  nor more than twenty-five thousand dollars
    19  beginning July first, two thousand  five,  twenty-six  thousand  dollars
    20  beginning  July  first,  two thousand six, twenty-seven thousand dollars
    21  beginning July first, two thousand seven, twenty-eight thousand  dollars
    22  beginning  July  first,  two  thousand eight, [and] twenty-nine thousand
    23  dollars beginning July first, two  thousand  nine,  and  fifty  thousand

    24  dollars  beginning July first, two thousand fourteen, as may be provided
    25  by local law; or
    26    § 3. The state shall reimburse the city of New York for the difference
    27  between the amount of real property tax revenue abated  for  the  period
    28  beginning  July  1, 2014 and ending June 30, 2016 pursuant to the income
    29  threshold established by sections one and two of this act and the amount
    30  of real property tax revenue that would have been abated for the  period
    31  beginning  July  1, 2014 and ending June 30, 2016 pursuant to the income
    32  thresholds that were in effect immediately prior to the income threshold
    33  increases established by sections one and two of this act. Prior to  any
    34  payment,  the  city shall provide attestation to the director of the New
    35  York state division of the budget and the state comptroller  as  to  the

    36  actual amount of real property tax revenue abated pursuant to the income
    37  thresholds  established by sections one and two of this act for the city
    38  fiscal years beginning July 1, 2014 and July  1,  2015  and  the  actual
    39  amount of real property tax revenue that would have been abated pursuant
    40  to  the  income  thresholds that were in effect immediately prior to the
    41  income threshold increases established by sections one and two  of  this
    42  act  for  the city fiscal years beginning July 1, 2014 and July 1, 2015.
    43  The information contained within such attestation may be subject to  the
    44  audit and verification by the state comptroller.
    45    § 4. This act shall take effect July 1, 2014, and sections one and two
    46  of this act shall expire and be deemed repealed 2 years after the effec-
    47  tive  date  thereof; provided that the amendment to section 467-b of the

    48  real property tax law made by section one of this act shall  not  affect
    49  the expiration of such section and shall be deemed to expire therewith.
 
    50                                   PART V
 
    51    Section  1.  This  act enacts into law major components of legislation
    52  relating to the city of Yonkers.  Each  component  is  wholly  contained
    53  within  a Subpart identified as Subparts A and B. The effective date for
    54  each particular provision contained within such Subpart is set forth  in

        S. 6355--D                         83                         A. 8555--D
 
     1  the last section of such Subpart. Any provision in any section contained
     2  within  a  Subpart,  including  the effective date of the Subpart, which
     3  makes a reference to a section "of this act", when  used  in  connection
     4  with that particular component, shall be deemed to mean and refer to the

     5  corresponding  section  of  the  Subpart  in which it is found.  Section
     6  three of this act sets forth the general effective date of this act.
 
     7                                  SUBPART A
 
     8    Section 1. Short title. This act shall be known and may  be  cited  as
     9  the "Yonkers city school district deficit financing act".
    10    §  2.  Definitions. (a) "Budget" shall mean a current operating budget
    11  of the city, including the school district, prepared or adopted pursuant
    12  to general, special or local law, being the annual budget  and  estimate
    13  of  expenditures to be made during a fiscal year for the general support
    14  and current expenses of the government of the city, including the school
    15  district, to be paid from taxes or assessments or other current revenues
    16  of the city for such year.
    17    (b) "City" shall mean the city of Yonkers.

    18    (c) "Commissioner of education" shall mean the New York state  commis-
    19  sioner of education.
    20    (d) "Comptroller" shall mean the New York state comptroller.
    21    (e) "School district" shall mean the Yonkers city school district.
    22    (f) "Mayor" shall mean the mayor of the city of Yonkers.
    23    (g)  "City  council"  shall  mean  the legislative body of the city of
    24  Yonkers.
    25    (h) "Fiscal year" shall mean the fiscal year of the city.
    26    (i) "Superintendent" shall mean the superintendent of the Yonkers city
    27  school district.
    28    (j) "Board of education" shall mean the Yonkers city  school  district
    29  board of education.
    30    §  3.  Bonds.  The  city  is  hereby authorized to issue serial bonds,
    31  subject to the provisions of section 10.10 of the local finance law,  on
    32  or before March 31, 2015, in an aggregate principal amount not to exceed

    33  $45,000,000  for  the  specific object or purpose of liquidating current
    34  deficits in the school district general fund as of  June  30,  2014.  In
    35  anticipation  of the issuance and sale of such serial bonds, bond antic-
    36  ipation notes are hereby authorized to be issued. The city shall use the
    37  proceeds of such serial bonds or bond anticipation  notes  to  liquidate
    38  any  such deficit, in accordance with subparagraph 7 of subdivision a of
    39  section 6 of chapter 488 of the laws of 1976.
    40    § 4. Budget review. During the  effective  period  of  this  act,  the
    41  mayor,  in  direct consultation with the superintendent and the board of
    42  education, shall submit the proposed  budget  for  the  next  succeeding
    43  fiscal  year  to  the  state comptroller and also to the commissioner of
    44  education no later than thirty days before the date  scheduled  for  the

    45  city council's vote on the adoption of the final budget or the last date
    46  on  which  the  budget  may be finally adopted, whichever is sooner. The
    47  state comptroller and  commissioner  of  education  shall  examine  such
    48  proposed  budget  and  make  such  recommendations as deemed appropriate
    49  thereon to the city prior to the adoption of the budget,  but  no  later
    50  than  ten  days before the date scheduled for the city council's vote on
    51  the adoption of the final budget or the last date on  which  the  budget
    52  must be adopted, whichever is sooner. Such recommendations shall be made
    53  after examination into the estimates of revenues and expenditures of the
    54  city. The city council, no later than five days prior to the adoption of

        S. 6355--D                         84                         A. 8555--D
 

     1  the  budget,  shall review any such recommendations and make adjustments
     2  to the proposed budget consistent with any recommendations made  by  the
     3  state comptroller and commissioner of education.
     4    §  5.  Notwithstanding  any other law to the contrary, payment of debt
     5  service on serial bonds or bond anticipation notes  issued  pursuant  to
     6  this  act  shall  not  be  considered when determining the "city amount"
     7  required pursuant to subparagraph (ii) of paragraph a of subdivision 5-b
     8  of section 2576 of the education law.
     9    § 6. Severability clause. If any clause, sentence, paragraph,  section
    10  or  part  of this act shall be adjudged by any court of competent juris-
    11  diction to be invalid, such judgment shall not affect, impair or invali-
    12  date the remainder thereof, but shall be confined in  its  operation  to

    13  the clause, sentence, paragraph, section or part involved in the contro-
    14  versy in which such judgment shall have been rendered. The provisions of
    15  this  act shall be liberally construed to assist the effectuation of the
    16  public purposes furthered hereby.
    17    § 7. This act shall take effect immediately; and shall remain in  full
    18  force  and effect until the tenth anniversary of the date of issuance of
    19  deficit bonds or of first issuance of deficit  notes  pursuant  to  this
    20  act,  whichever  is  earlier, when upon such date the provisions of this
    21  act shall expire and be deemed repealed; and provided, however, that the
    22  state comptroller shall notify the legislative bill drafting  commission
    23  upon  the  occurrence of this act in order that the commission may main-
    24  tain an accurate and timely effective data base of the official text  of

    25  the  laws  of  the  state of New York in furtherance of effectuating the
    26  provisions of section 44 of the legislative law and section 70-b of  the
    27  public officers law.
 
    28                                  SUBPART B
 
    29    Section 1. Notwithstanding any other provision of law, and in addition
    30  to  the  powers currently authorized to be exercised by the state of New
    31  York municipal bond bank agency, the state of New  York  municipal  bond
    32  bank agency may provide, for purposes of municipal relief to the city of
    33  Yonkers  to  support  public  schools  in  the city, a sum not to exceed
    34  $28,000,000 for the city fiscal year ending June 30, 2015, to  the  city
    35  of  Yonkers.  Notwithstanding any other provision of law, and subject to
    36  the approval of the New York state director of the budget, the state  of
    37  New York mortgage agency shall transfer to the state of New York munici-

    38  pal bond bank agency for distribution as municipal relief to the city of
    39  Yonkers, a total sum not to exceed $28,000,000, such transfer to be made
    40  from  (i)  the  special  account  of the mortgage insurance fund created
    41  pursuant to section 2429-b of the public authorities law, in  an  amount
    42  not  to  exceed  the actual excess balance in the special account of the
    43  mortgage insurance fund, as determined and certified by the state of New
    44  York mortgage agency for the fiscal year 2013-2014  in  accordance  with
    45  section  2429-b  of  the  public  authorities  law,  if any, and/or (ii)
    46  provided that the reserves in the project pool insurance account of  the
    47  mortgage insurance fund created pursuant to section 2429-b of the public
    48  authorities  law are sufficient to attain and maintain the credit rating
    49  (as determined by the agency) required to  accomplish  the  purposes  of

    50  such  account, the project pool insurance account of the mortgage insur-
    51  ance fund created pursuant to section 2429-b of the  public  authorities
    52  law,  such  transfer  to  be made as soon as practicable after April 14,
    53  2014 but no later than June 30, 2015,  provided  however  that  no  such
    54  transfer  is  to  be  made  unless and until the city of Yonkers and the

        S. 6355--D                         85                         A. 8555--D
 
     1  Yonkers city school district enter  into  an  inter-municipal  agreement
     2  that the New York state director of the budget determines would meet the
     3  requirements  of  section two of this act. Notwithstanding any provision
     4  of law to the contrary, payments made to the city of Yonkers pursuant to
     5  this  act  shall  not  be  considered when determining the "city amount"

     6  required pursuant to subparagraph (ii) of paragraph (a)  of  subdivision
     7  5-b of section 2576 of the education law.
     8    § 2. The inter-municipal agreement required by section one of this act
     9  shall  include and provide for the following administrative controls and
    10  reforms, each of which is hereby authorized by this  act,  however,  but
    11  shall  not  supersede  the  authorization  of the superintendent and the
    12  board of education as provided for  in  the  education  law,  except  as
    13  specifically provided herein:
    14    1.  Assumption of all current Yonkers city school district finance and
    15  budget functions in direct consultation with the superintendent and  the
    16  board of education by the city of Yonkers including, but not limited to:
    17  (a)  financial  management,  including the accounts receivable, accounts
    18  payable and accounting functions; (b) budgeting; (c) payroll; (d)  capi-

    19  tal programming, financing and project oversight; (e) grants accounting;
    20  (f)  procurement, purchasing, and contracting, including consultation on
    21  all labor contracts; (g) office of  claims  auditor;  and  (h)  property
    22  acquisition, building, and/or leasing.
    23    2.  Authority  of  the city of Yonkers in direct consultation with the
    24  superintendent and the board of education to supervise the  non-academic
    25  operation  of  functions of the Yonkers city school district, including:
    26  (a) the office of chief administrative officer, including  the  communi-
    27  cations  function;  (b)  legal;  (c)  information  technology, including
    28  records management, central printing, and mailing; (d) human  resources;
    29  (e)  public  works; (f) facilities and grounds management; (g) engineer-
    30  ing; and (h) transportation.
    31    3. The authority of the city of Yonkers shall  include  the  right  to

    32  create, abolish, maintain and consolidate all positions within the func-
    33  tions  outlined  in  subdivisions  one  and  two of this section, and to
    34  supervise the activities  of  all  personnel  which  operate  within  or
    35  support  said  functions,  provided however that the Yonkers city school
    36  district shall retain the authority granted to it pursuant to the educa-
    37  tion law with regard to the creation, abolition, maintenance or  consol-
    38  idation  of  positions  which have a nexus to the academic activities of
    39  the Yonkers city school district, including all tenure decisions, school
    40  registration, school choice functions  and  those  Yonkers  city  school
    41  district positions which lie outside the scope of the functions outlined
    42  in  subdivisions  one and two of this section, and the superintendent of
    43  schools shall retain the authority granted pursuant to the education law

    44  to supervise and direct  such  personnel  of  the  Yonkers  city  school
    45  district  which  have  a nexus to the academic activities of the Yonkers
    46  city school district and those Yonkers city  school  district  positions
    47  which  lie  outside  the scope of the functions outlined in subdivisions
    48  one and two of this section, subject to approved budgets  and  financial
    49  controls as shall be established by the city of Yonkers.
    50    4.  The  authority  of the city of Yonkers in direct consultation with
    51  the superintendent and the board of education shall include  the  imple-
    52  mentation  of a schedule of public hearings on the budget of the Yonkers
    53  city school district which hearings shall be held not less than quarter-
    54  ly, and which shall include at least two public hearings in  the  second
    55  quarter  of each calendar year, one of which is prior and one subsequent


        S. 6355--D                         86                         A. 8555--D
 
     1  to the submission of the  city  of  Yonkers's  budget  to  the  city  of
     2  Yonkers's city council.
     3    § 3. For all powers and duties assumed by the city of Yonkers pursuant
     4  to  the  inter-municipal  agreement  required by sections one and two of
     5  this act, the city of Yonkers shall be subject to  the  jurisdiction  of
     6  the  board of regents and the department of education in the same manner
     7  and to the same extent as the city school district, for such functions.
     8    § 4. Severability clause. If any clause, sentence, paragraph,  section
     9  or  part  of this act shall be adjudged by any court of competent juris-
    10  diction to be invalid, such judgment shall not affect, impair or invali-
    11  date the remainder thereof, but shall be confined in  its  operation  to

    12  the clause, sentence, paragraph, section or part involved in the contro-
    13  versy in which such judgment shall have been rendered. The provisions of
    14  this  act shall be liberally construed to assist the effectuation of the
    15  public purposes furthered hereby.
    16    § 5. This act shall take effect immediately.
    17    § 2. Severability clause. If any clause, sentence, paragraph,  section
    18  or  part  of this act shall be adjudged by any court of competent juris-
    19  diction to be invalid, such judgment shall not affect, impair or invali-
    20  date the remainder thereof, but shall be confined in  its  operation  to
    21  the clause, sentence, paragraph, section or part involved in the contro-
    22  versy in which such judgment shall have been rendered. The provisions of
    23  this  act shall be liberally construed to assist the effectuation of the
    24  public purposes furthered hereby.

    25    § 3. This act shall take effect immediately  provided,  however,  that
    26  the  applicable  effective date of Subparts A and B of this act shall be
    27  as specifically set forth in the last section of such Subparts.
 
    28                                   PART W
 
    29    Section 1. Notwithstanding any other provision of law, and in addition
    30  to the powers currently authorized to be exercised by the state  of  New
    31  York  municipal  bond  bank agency, the state of New York municipal bond
    32  bank agency may provide, for purposes of municipal relief to the city of
    33  Rochester, a sum not to exceed  $6,000,000  for  the  city  fiscal  year
    34  ending  June  30,  2015,  to  the city of Rochester. Notwithstanding any
    35  other provision of law, and subject to the  approval  of  the  New  York
    36  state  director  of  the  budget,  the state of New York mortgage agency

    37  shall transfer to the state of New York municipal bond bank  agency  for
    38  distribution  as  municipal relief to the city of Rochester, a total sum
    39  not to exceed $6,000,000, such transfer to be made from (i) the  special
    40  account  of  the  mortgage  insurance  fund  created pursuant to section
    41  2429-b of the public authorities law, in an amount  not  to  exceed  the
    42  actual  excess  balance in the special account of the mortgage insurance
    43  fund, as determined and certified by the  state  of  New  York  mortgage
    44  agency  for  the fiscal year 2013-2014 in accordance with section 2429-b
    45  of the public authorities law, if any, and/or  (ii)  provided  that  the
    46  reserves in the project pool insurance account of the mortgage insurance
    47  fund  created  pursuant  to section 2429-b of the public authorities law
    48  are sufficient to attain and maintain the credit rating  (as  determined

    49  by  the agency) required to accomplish the purposes of such account, the
    50  project pool insurance account of the mortgage  insurance  fund  created
    51  pursuant  to section 2429-b of the public authorities law, such transfer
    52  to be made as soon as practicable after April 4, 2014 but no later  than
    53  June 30, 2015.
    54    § 2. This act shall take effect immediately.

        S. 6355--D                         87                         A. 8555--D
 
     1                                   PART X
 
     2    Section  1.  Paragraph b of subdivision 2 of section 54-l of the state
     3  finance law, as amended by section 1 of part EE of  chapter  57  of  the
     4  laws of 2013, is amended to read as follows:
     5    b.  Within  the amounts appropriated therefor, eligible municipalities
     6  shall receive an amount equal to [fifty-five]  seventy  percent  of  the

     7  state  aid  payment  received  in the state fiscal year commencing April
     8  first, two thousand eight from  an  appropriation  for  aid  to  munici-
     9  palities with video lottery gaming facilities.
    10    § 2. This act shall take effect immediately.
 
    11                                   PART Y
 
    12    Section  1.   Subdivision 8 of section 9 of chapter 401 of the laws of
    13  2002, amending the real property tax law and the Nassau county  adminis-
    14  trative  code  relating  to  assessment and review of assessments in the
    15  county of Nassau, as amended by section 1 of part Z of chapter 55 of the
    16  laws of 2013, is amended to read as follows:
    17    8. Notwithstanding the foregoing provisions of this act, on  June  30,
    18  [2014]  2016,  the amendments of sections 6-2.1 and 6-13.0 of the Nassau
    19  county administrative code, made by sections two and four of  this  act,

    20  and  section 6-24.1 of such code, as added by section seven of this act,
    21  shall be deemed repealed. On such date the addition of  the  words  "the
    22  year  following" to the first sentence of subdivision 8 of section 523-b
    23  of the real property tax law, as amended by section  one  of  this  act,
    24  shall be deemed repealed.
    25    § 2. This act shall take effect immediately.
 
    26                                   PART Z
 
    27    Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
    28  the New York state urban development  corporation  act,  is  amended  by
    29  adding a new section 16-w to read as follows:
    30    § 16-w. Beginning farmers NY fund. 1. The beginning farmers NY fund is
    31  hereby  created. The purpose of the beginning farmers NY fund is to make
    32  grants to eligible applicants, to support beginning farmers and  encour-

    33  age  them  to  consider  farming as a career, resulting in the growth of
    34  agribusiness within the state and the concomitant tax revenues  for  the
    35  state.
    36    2.  The  corporation  shall consult with the department of agriculture
    37  and markets in order to establish such criteria governing the  award  of
    38  grants as authorized herein, as the corporation and such department deem
    39  necessary. Such criteria shall include, but not be limited to:
    40    (a) farmers who have not produced an "agricultural product" as defined
    41  in the agriculture and markets law, for more than ten consecutive years,
    42  and  who will materially and substantially participate in the production
    43  of an agricultural product within a region of the state.

    44    (b) farmers who demonstrate innovative agricultural techniques includ-
    45  ing, but not limited to, organic farming and specialty crops.
    46    (c) farms of one hundred fifty acres or less.
    47    3. The corporation shall establish a competitive process for the eval-
    48  uation of applicants for the beginning farmers NY  fund.  When  awarding
    49  funds pursuant to this section, the corporation shall ensure that appli-
    50  cants  meet  the criteria and requirements determined by the corporation
    51  pursuant to this section.

        S. 6355--D                         88                         A. 8555--D
 
     1    4. The beginning farmers NY fund shall not invest  an  amount  in  any
     2  single  beneficiary  that exceeds fifty thousand dollars, subject to any

     3  exceptions to be established by guidelines of the corporation.
     4    5.  Notwithstanding  any  provision of law to the contrary, the corpo-
     5  ration may establish a program fund for program use and  pay  into  such
     6  fund  any  eligible  funds available to the corporation from any source,
     7  including moneys appropriated by the state.
     8    6. The corporation shall submit a report annually on December  thirty-
     9  first  to  the  director  of  the budget, the temporary president of the
    10  senate, the speaker of the assembly, the minority leader of  the  senate
    11  and  the  minority leader of the assembly detailing (a) the total amount
    12  of funds committed to each applicant; (b) the location  of  each  appli-

    13  cant; and (c) such other information as the corporation deems necessary.
    14    7.  The  corporation  is hereby authorized to establish guidelines for
    15  the administration of the program, including application procedures  and
    16  disbursement  terms,  and to provide for the repayment of funds received
    17  by the beneficiary if the beneficiary leaves New York state or otherwise
    18  ceases farming activity within a period of time to be established by the
    19  corporation.
    20    § 2. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a  law;  provided,  however,  that  any  guidelines
    22  necessary  for  the  timely  implementation of this act on its effective
    23  date, may be promulgated on or before such effective date.
 
    24                                   PART AA
 

    25    Section 1. Subdivision 1 of section 16-c of section 1 of  chapter  174
    26  of  the  laws of 1968, constituting the New York state urban development
    27  corporation act, as added by chapter 169 of the laws of 1994, is amended
    28  to read as follows:
    29    (1)  Minority-  and  women-owned  business  development  and   lending
    30  program.   (a) There is hereby created a minority- and women-owned busi-
    31  ness development and lending program for the purpose of providing finan-
    32  cial and technical assistance to minority and women-entrepreneurs.
    33    (b) For the purposes of this section  the  following  words  or  terms
    34  shall mean as follows:
    35    (i)  "minority-owned business enterprise" or "minority-owned business"
    36  shall mean the same as "minority  business  enterprise"  as  defined  in
    37  subdivision three of section two hundred ten of the economic development
    38  law.

    39    (ii) "women-owned business enterprise" or "women-owned business" shall
    40  mean  the same as "women-owned business enterprise" as defined in subdi-
    41  vision five of section two hundred ten of the economic development law.
    42    (iii) "incubator" shall mean  a  facility  providing  low-cost  space,
    43  technical  assistance  and  support services, including, but not limited
    44  to, central services shared by tenants of the facility, to minority- and
    45  women-owned business enterprises.
    46    (c) Assistance shall not be provided under this section for:
    47    (i) the purchase or rehabilitation of real  property  for  speculative
    48  purposes;
    49    (ii) payment of any tax or employee benefit arrearage;
    50    (iii)    residential    construction,    renovation   or   development
    51  construction, except for assistance to minority  and  women  contractors
    52  under subdivision four of this section;

    53    (iv)  educational institutions and proprietary education firms, except
    54  licensed child care facilities;

        S. 6355--D                         89                         A. 8555--D
 
     1    (v) hospitals or residential health care facilities;
     2    (vi) overnight lodging facilities;
     3    (vii)  refinancing  of  debt  or  equity  invested in an enterprise or
     4  project.
     5    (d) The corporation is authorized to:
     6    (i) establish programs in  conjunction  with  locally,  and  community
     7  based  entities  to  decentralize  lending  for small loans and loans to
     8  start up minority- and women-owned businesses;
     9    (ii) establish a comprehensive program for minority and women contrac-
    10  tors, which may include assistance through loans, bonding assistance and
    11  technical assistance;
    12    (iii) establish a program to provide loans  to  established  minority-

    13  and women-owned businesses and for minority- and women-owned businesses,
    14  including  loans to such businesses seeking to acquire or expand a fran-
    15  chise;
    16    (iv) provide loan guarantees to financial institutions and make linked
    17  deposits into federally  and  state  chartered  credit  unions  for  the
    18  purpose  of  encouraging private financial institutions to make loans to
    19  minority- and women-owned businesses;
    20    (v) establish a program to create incubators to assist small and  high
    21  risk minority- and women-owned businesses to grow and prosper;
    22    (vi)  promote  equity  investment  in  minority- and women-owned busi-
    23  nesses; [and]
    24    (vii) establish a comprehensive technical assistance program in  coop-
    25  eration  with the department of economic development to assist minority-
    26  and women-owned businesses and potential minority  and  women-entrepren-

    27  eurs[.]; and
    28    (viii) notwithstanding any provision of law to the contrary, establish
    29  a minority- and women-owned business investment fund to provide critical
    30  financial  support  to  foster the development of new and emerging ideas
    31  and products of minority- and women-owned business enterprises  as  well
    32  as  to  promote the long-term financial performance and success of early
    33  stage enterprises that are  minority-  and  women-owned  start-ups.  The
    34  selection  of  an  eligible  applicant and beneficiary companies for the
    35  minority- and women-owned business investment fund shall be selected  by
    36  the  process  established  pursuant  to subdivisions two through four of
    37  section sixteen-u of this act. Minority- or women-owned business  enter-

    38  prises  who  participate  in  such  minority-  and  women-owned business
    39  investment fund under this subdivision shall not be precluded from qual-
    40  ifying for any other assistance, grant or loan made available  from  the
    41  state.
    42    § 2. This act shall take effect immediately.
 
    43                                   PART BB
 
    44    Section  1.  Section 431 of the economic development law is amended by
    45  adding a new subdivision 14 to read as follows:
    46    14. "Correctional facility" means, beginning  July  twenty-sixth,  two
    47  thousand fourteen, land or a building or group of buildings owned by the
    48  state  of  New York on the premises of (a) Butler Correctional Facility;
    49  (b) Chateaugay Correctional Facility; (c) Monterey  Shock  Incarceration

    50  Correctional Facility; and (d) Mount McGregor Correctional Facility.
    51    §  2. Subdivision 4 of section 435 of the economic development law, as
    52  added by section 1 of part A of chapter 68  of  the  laws  of  2013,  is
    53  amended to read as follows:

        S. 6355--D                         90                         A. 8555--D
 
     1    4.  The  START-UP NY approval board, by majority vote, shall designate
     2  correctional facilities described in  subdivision  fourteen  of  section
     3  four hundred thirty-one of this article and up to twenty strategic state
     4  assets  as  tax-free  NY  areas.  Each  shall be affiliated with a state
     5  university campus, city university campus, community college, or private
     6  college  or university and such designation shall require the support of

     7  the affiliated campus,  college  or  university.  Each  strategic  state
     8  asset,  other  than a correctional facility, may not exceed a maximum of
     9  two hundred thousand square feet of vacant land or vacant building space
    10  designated as a tax-free NY area. Designation of strategic state  assets
    11  and correctional facilities described in subdivision fourteen of section
    12  four  hundred  thirty-one of this article as tax-free NY areas shall not
    13  count against any square footage limitations  in  section  four  hundred
    14  thirty-two of this article.
    15    § 3. This act shall take effect immediately.
 
    16                                   PART CC
 
    17    Section  1.  Subdivision  5  of section 209-p of the executive law, as
    18  amended by chapter 342 of the laws of 2008, is amended and a new  subdi-
    19  vision 3-a is added to read as follows:

    20    3-a.  The faculty development and technology transfer advisory council
    21  shall be established by the  commissioner  of  economic  development  to
    22  review  and recommend proposals submitted for consideration under subdi-
    23  visions three and five of this section. The  council  shall  consist  of
    24  eleven  members  that  shall include representatives from four different
    25  universities, one national lab, two New York  state  incubators  or  New
    26  York  state innovation hot spots, two companies and two non-profits with
    27  a statewide economic development mission. Each representative shall have
    28  technology transfer experience. In addition, at least six members of the
    29  council shall have a demonstrated background in  bio-medicine,  biotech-

    30  nology or other life sciences.
    31    5.  An  incentive  program  is  hereby  created  to provide additional
    32  assistance to technology transfer  or  commercialization  activities  at
    33  institutions  of higher education and research institutions in the state
    34  of New York for the purpose  of  encouraging  technology  transfer  from
    35  institutions of higher education and research institutions to businesses
    36  and  for commercialization within New York state. Funds appropriated for
    37  this program shall be available for personal service expenses to enhance
    38  the technology transfer abilities or commercialization  of  research  of
    39  higher education and research institutions to businesses within New York
    40  state  including but not limited to patent applications, the creation of
    41  business and marketing plans, venture capital conferences and  non-capi-

    42  tal costs associated with the development of real property owned by such
    43  institution of higher education or research institution for research and
    44  development  purposes.   Funds awarded under the incentive program shall
    45  not exceed fifty percent of the cost of the purpose for which such funds
    46  shall be applied.  The faculty development and technology transfer advi-
    47  sory council, as established by subdivision  three-a  of  this  section,
    48  shall  review and recommend proposals submitted for consideration pursu-
    49  ant to this subdivision. Preference shall be given to  proposals  devel-
    50  oped  in coordination with a private or public medical school located in
    51  the state.
    52    § 2. This act shall take effect immediately.
 
    53                                   PART DD


        S. 6355--D                         91                         A. 8555--D
 
     1    Section 1. Subdivision 1 of section 210 of  the  economic  development
     2  law,  as  amended by chapter 227 of the laws of 1993, is amended to read
     3  as follows:
     4    1. "Development  centers"  shall mean the business enterprise develop-
     5  ment centers  which  provide  assistance  to  primarily  minority  group
     6  members,  women  [and],  individuals  with a disability, and veterans as
     7  established by the department pursuant to section two hundred eleven  of
     8  this article.
     9    §  2. Section 210 of the economic development law is amended by adding
    10  a new subdivision 6 to read as follows:
    11    6. "Veteran" shall mean a person who served in and who has received an
    12  honorable or general discharge from, the United States army,  navy,  air

    13  force, marines, coast guard, and/or reserves thereof, and/or in the army
    14  national  guard,  air national guard, New York guard and/or the New York
    15  naval militia.
    16    § 3. Subdivision 1 of section 211 of the economic development law,  as
    17  amended  by  chapter  227  of  the  laws  of 1993, is amended to read as
    18  follows:
    19    1. The department shall provide  grants,  within  available  appropri-
    20  ations,  on  a competitive basis, in response to a request for proposals
    21  to pilot  development  centers,  to  provide  intensive  community-based
    22  management and technical assistance targeted primarily to minority group
    23  members,  women  [and],  individuals with a disability, and veterans who
    24  are seeking to start or are starting new business ventures.

    25    § 4. Subdivision 1 of section 212 of the economic development law,  as
    26  amended  by  chapter  301  of  the  laws  of 1996, is amended to read as
    27  follows:
    28    1. The department shall establish and support, within available appro-
    29  priations, entrepreneurship support centers at career education agencies
    30  and not-for-profit corporations including, but  not  limited  to,  local
    31  development  corporations,  chambers  of  commerce  and  community-based
    32  organizations.  The purpose of such support centers shall  be  to  train
    33  dislocated  workers,  individuals  with  a disability, minorities [and],
    34  women, and veterans in the principles and practice  of  entrepreneurship
    35  in  order  to  prepare  such  persons to pursue self-employment opportu-
    36  nities. Such support centers shall provide for training in  all  aspects

    37  of  business development and small business management as defined by the
    38  commissioner. For purposes of this section,  "career  education  agency"
    39  shall  mean  a  community  college  or  board of cooperative educational
    40  services operating within the state.
    41    § 5. This act shall take effect immediately.
 
    42                                   PART EE
 
    43    Section 1. Subdivision 25 of  section  11-0103  of  the  environmental
    44  conservation  law,  as  amended  by  chapter 595 of the laws of 1984, is
    45  amended to read as follows:
    46    25. "Hunting [accident] related incident" means the injury to or death
    47  of a person caused by the discharge of a firearm,  crossbow  or  longbow
    48  while  the person causing such injury or death, or the person injured or
    49  killed, is taking or attempting to take game, wildlife or fish.

    50    § 2. Paragraph a of subdivision 1 of section 11-0719 of  the  environ-
    51  mental  conservation  law, as amended by section 26 of part R of chapter
    52  58 of the laws of 2013, is amended to read as follows:
    53    a. In the circumstances described in paragraph b of  this  subdivision
    54  the  department may revoke any license, bowhunting privilege, or muzzle-

        S. 6355--D                         92                         A. 8555--D
 
     1  loading privilege, of any person, to hunt,  fish  or  trap,  defined  in
     2  section 11-0701 of this title or issued pursuant to any provision of the
     3  Fish and Wildlife Law, or it may revoke all of such licenses, bowhunting
     4  privileges,  or muzzle-loading privileges. It may also deny such person,
     5  for a period not exceeding five years, the privilege of  obtaining  such
     6  license  or licenses, bowhunting privilege, or muzzle-loading privilege,

     7  or of hunting, trapping or fishing, anywhere in the state with or  with-
     8  out  license,  bowhunting privilege, or muzzle-loading privilege, except
     9  as provided in subdivision 1 of section 11-0707  of  this  title  or  in
    10  section  11-0523  of  this article. It may also require that such person
    11  successfully complete a department-sponsored course and obtain a certif-
    12  icate of qualification  in  responsible  hunting  including  responsible
    13  crossbow  hunting,  responsible bowhunting or responsible trapping prac-
    14  tices before being issued another license.
    15    § 3. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
    16  of the environmental conservation law, as amended by chapter 436 of  the
    17  laws of 2000, is amended to read as follows:
    18    (4)  is  convicted of an offense involving a violation of subdivisions

    19  one and two of section 11-0901 of this article  relating  to  taking  of
    20  wildlife  when  the person taking is in or on a motor vehicle while such
    21  motor vehicle is on a public highway or an offense involving a violation
    22  of subdivision one of section 11-0901 of this article  and  subparagraph
    23  one  of paragraph a of subdivision four of section 11-0931 of this arti-
    24  cle relating to taking wildlife when the person taking is  in  or  on  a
    25  motor  vehicle  and discharging a firearm, crossbow or longbow in such a
    26  way that the load, bolt or arrow passes over a public highway or a  part
    27  thereof or signs an acknowledgment of any such violation for the purpose
    28  of affecting a settlement by civil compromise or by stipulation.
    29    §  4.  Subdivisions  2  and  3 of section 11-0719 of the environmental
    30  conservation law, subdivision 2 as amended by section 27 and subdivision

    31  3 as amended by section 28 of part R of chapter 58 of the laws of  2013,
    32  are amended to read as follows:
    33    2.  a. The department may revoke the licenses, tags, bowhunting privi-
    34  leges, or muzzle-loading privileges, which authorize the holder to  hunt
    35  and/or  trap  wildlife,  and  may  deny  the privilege of obtaining such
    36  licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
    37  may deny the privileges of hunting and/or trapping  with  or  without  a
    38  license.
    39    (1) of any person who, while engaged in hunting or trapping,
    40    (i)  causes  death  or injury to [another] any person by discharging a
    41  firearm, crossbow or longbow, or
    42    (ii) so negligently discharges a firearm, crossbow or  longbow  as  to
    43  endanger the life or safety of another, or

    44    (iii)  so  negligently  and wantonly discharges a firearm, crossbow or
    45  longbow as to destroy or damage public or private property; or
    46    (2) of any agent of the department authorized to issue certificates of
    47  qualification in  responsible  hunting  including  responsible  crossbow
    48  hunting,  bowhunting,  or  trapping  practices who improperly issues any
    49  such certification to a person whom he or she has not trained,  or  whom
    50  he or she knows has not satisfactorily completed all of the requirements
    51  necessary for such certification.
    52    b.  Action  by  the  department  resulting  in  the revocation of such
    53  license or denial of the privilege to hunt and trap as provided in  this
    54  subdivision  shall  be  only after a hearing held by the department upon
    55  notice to the offender, at which proof of facts indicating the violation

    56  is established to the satisfaction of the commissioner or of the hearing

        S. 6355--D                         93                         A. 8555--D
 
     1  officer designated by him or her and concurred in by  the  commissioner.
     2  Provided  that  where a person, while hunting, causes death or injury to
     3  any person by discharge of a firearm, crossbow or longbow,  the  commis-
     4  sioner  may,  in his or her discretion, suspend such person's license or
     5  licenses to hunt and suspend such  person's  right  to  hunt  without  a
     6  license  for  a period of up to sixty days pending a hearing as provided
     7  for in this subdivision.
     8    c. In case such discharge of a firearm,  crossbow  or  longbow  causes
     9  death  or  injury  to  [another]  any  person,  the license or licenses,

    10  bowhunting privilege, and muzzle-loading privilege shall be revoked  and
    11  the  ability  to  obtain  any such license and of hunting or of trapping
    12  anywhere in the state with or without a license denied, for a period not
    13  exceeding ten years, except that no revocation shall be made in cases in
    14  which facts established at the hearing indicate to the  satisfaction  of
    15  the commissioner that there was no negligence on the part of the shooter
    16  or  [bowman]  bowhunter.  In  all  other  cases the license or licenses,
    17  bowhunting privilege, or muzzle-loading privilege, shall be revoked  and
    18  the  privilege  of  obtaining  such  license,  bowhunting  privilege, or
    19  muzzle-loading privilege, and of hunting or of trapping anywhere in  the
    20  state  with  or without a license denied for a period not exceeding five
    21  years. The department may also require  that  the  person  causing  such

    22  death  or injury successfully complete a department-sponsored course and
    23  obtain a certificate of qualification in responsible  hunting  including
    24  responsible crossbow hunting or bowhunting practices before being issued
    25  another hunting license.
    26    d. Every person injuring himself, herself or another person in a hunt-
    27  ing  [accident,  as  such  term  is defined in subdivision 25 of section
    28  11-0103 of this article] related incident,  and  the  investigating  law
    29  enforcement  officer summoned to or arriving at the scene of such [acci-
    30  dent] incident shall within ten days from the occurrence of such  [acci-
    31  dent]  incident file a report of the [accident] incident in writing with

    32  the department. Every such person or law enforcement officer shall  make
    33  such  other  and  additional  reports  as  the department shall require.
    34  Failure to report such [accident] incident as  herein  provided  by  the
    35  person causing injury or to furnish relevant information required by the
    36  department shall be a violation and shall constitute grounds for suspen-
    37  sion  or revocation of such person's hunting licenses and bowhunting and
    38  muzzle-loading privileges and denial of the ability to obtain  any  such
    39  license  and of hunting with or without a license following a hearing or
    40  opportunity to be heard. In addition,  the  department  may  temporarily
    41  suspend the license of the person failing to report a hunting [accident]
    42  related  incident  within the period prescribed herein until such report

    43  has been filed. In the case of a non-resident, the failure to report  an
    44  [accident]  incident  as  herein  provided  shall constitute grounds for
    45  suspension or revocation of his or her privileges of hunting within this
    46  state. The report required by this section shall be made  in  such  form
    47  and number as the department may prescribe.
    48    3.  A  hunting  license  issued to a person who is at least twelve and
    49  less than sixteen years of age or  a  hunting  license  with  bowhunting
    50  privilege  issued  to  a  person  who  is between the ages of twelve and
    51  sixteen years may be revoked by the department upon  proof  satisfactory
    52  to  the department that such person, while under the age of sixteen, has
    53  engaged in hunting [wildlife]  with  a  gun,  crossbow  or  longbow,  in
    54  circumstances  in  which  a  license and/or bowhunting or muzzle-loading

    55  privilege is required, while not accompanied by his or her parent, guar-
    56  dian or other adult as provided in  section  11-0929  of  this  article.

        S. 6355--D                         94                         A. 8555--D
 
     1  Additionally, the department may revoke the hunting and/or bowhunting or
     2  muzzle-loading  privilege of any parent, guardian, youth mentor or other
     3  adult upon proof satisfactory to the department that such person allowed
     4  the  holder of a hunting license, bowhunting privilege or muzzle-loading
     5  privilege to hunt with a  gun,  crossbow  or  longbow  in  violation  of
     6  section 11-0929 of this article. If such license or privilege is revoked
     7  the  department shall fix the period of such revocation, which is not to

     8  exceed six years. The department may require that such  person  success-
     9  fully complete a department sponsored course and obtain a certificate of
    10  qualification  in  responsible  hunting  including  responsible crossbow
    11  hunting, or responsible bowhunting practices before being issued another
    12  hunting or bowhunting license.
    13    § 5. Paragraphs b and g of subdivision 3 and subparagraph 1  of  para-
    14  graph d of subdivision 4 of section 11-0901 of the environmental conser-
    15  vation  law,  paragraph  b of subdivision 3 as amended by chapter 911 of
    16  the laws of 1990, paragraph g of subdivision 3 as amended by chapter  34
    17  of  the  laws of 1979, subparagraph 1 of paragraph d of subdivision 4 as
    18  amended by chapter 600 of the laws of  1993,  are  amended  to  read  as
    19  follows:
    20    b. Wild deer and bear shall not be taken except by gun, crossbow or by

    21  long  bow.  Where an open season, set forth in the table of open seasons
    22  in section 11-0907 of this title or  otherwise  established  by  law  or
    23  fixed by regulation, is specified as an open season for taking such game
    24  by  shotgun  or  long  bow  only,  or is specified as an open season for
    25  taking such game by long bow only, they shall not be taken except as  so
    26  specified.
    27    g.  Wildlife  shall not be taken [by the use of a cross-bow, by a long
    28  bow drawn, pulled, released, or held in a drawn position by any  mechan-
    29  ical  device  attached to a portion of the bow other than the bowstring,
    30  or] by the use of a device commonly called a spear gun.
    31    (1) such long bow or crossbow is unstrung, or such a firearm is  taken
    32  down,  or securely fastened in a case, or locked in the trunk of a vehi-
    33  cle, or

    34    § 6. Subparagraphs 5, 6 and 8 of  paragraph  b  of  subdivision  4  of
    35  section 11-0901 of the environmental conservation law, subparagraph 5 as
    36  amended  by  chapter  430  of the laws of 2000, subparagraphs 6 and 8 as
    37  amended by chapter 600 of the laws  of  1993,  are  amended  and  a  new
    38  subparagraph 9 is added to read as follows:
    39    (5)  with [a bow other than] a long bow with a draw weight [in excess]
    40  of less than thirty-five pounds; or
    41    (6) with an arrow or bolt with an arrowhead that  measures  less  than
    42  seven-eighths  of an inch at its widest point or that has fewer than two
    43  sharp cutting edges; or
    44    (8) with an arrow with a barbed broadhead arrowhead[.]; or
    45    (9) with a crossbow unless such crossbow shall consist of  a  bow  and

    46  string,  either  compound  or  recurve, that launches a minimum fourteen
    47  inch bolt, not including point, mounted upon a stock with a trigger that
    48  holds the string and limbs under tension  until  released.  The  trigger
    49  unit of such crossbow must have a working safety. The minimum limb width
    50  of  such  crossbow  shall  be seventeen inches, have a minimum peak draw
    51  weight of one hundred pounds and a  maximum  peak  draw  weight  of  two
    52  hundred pounds. The minimum overall length of such crossbow from  butts-
    53  tock to front of limbs shall be twenty-four inches.
    54    §  7.  Subparagraphs  5,  6  and  8 of paragraph c of subdivision 4 of
    55  section 11-0901 of the environmental conservation law, subparagraph 5 as
    56  amended by chapter 430 of the laws of 2000, and subparagraphs 6 and 8 as

        S. 6355--D                         95                         A. 8555--D
 
     1  amended by chapter 600 of the laws  of  1993,  are  amended  and  a  new
     2  subparagraph 9 is added to read as follows:
     3    (5)  with [a bow other than] a long bow with a draw weight [in excess]
     4  of less than thirty-five pounds; or
     5    (6) with an arrow or bolt with an arrowhead that  measures  less  than
     6  seven-eighths  of an inch at its widest point or that has fewer than two
     7  sharp cutting edges; or
     8    (8) with an arrow with a barbed broadhead arrowhead[.]; or
     9    (9) with a crossbow unless such crossbow shall consist of  a  bow  and
    10  string,  either  compound  or  recurve, that launches a minimum fourteen

    11  inch bolt, not including point, mounted upon a stock with a trigger that
    12  holds the string and limbs under tension  until  released.  The  trigger
    13  unit of such crossbow must have a working safety. The minimum limb width
    14  of  such  crossbow  shall  be seventeen inches, have a minimum peak draw
    15  weight of one hundred pounds and a  maximum  peak  draw  weight  of  two
    16  hundred  pounds. The minimum overall length of such crossbow from butts-
    17  tock to front of limbs shall be twenty-four inches.
    18    § 8. Subdivisions 2 and 4 of  section  11-0931  of  the  environmental
    19  conservation  law,  subdivision  2  as amended by section 7 of part H of
    20  chapter 58 of the laws of 2012, subparagraph 3 of paragraph a of  subdi-
    21  vision  4 as added by chapter 400 of the laws of 1973 and subparagraph 4

    22  of paragraph a of subdivision 4 as added by chapter 67 of  the  laws  of
    23  1976, are amended to read as follows:
    24    2. No crossbow or firearm except a pistol or revolver shall be carried
    25  or  possessed  in  or  on  a  motor vehicle unless it is uncocked, for a
    26  crossbow or unloaded, for a firearm in both the chamber  and  the  maga-
    27  zine,  except that a loaded firearm which may be legally used for taking
    28  migratory game birds may be carried or possessed in  a  motorboat  while
    29  being legally used in hunting migratory game birds, and no person except
    30  a  law  enforcement  officer  in  the performance of his official duties
    31  shall, while in or on a motor vehicle, use  a  jacklight,  spotlight  or
    32  other  artificial  light upon lands inhabited by deer if he or she is in

    33  possession or is accompanied by a person who is in  possession,  at  the
    34  time of such use, of a longbow, crossbow or a firearm of any kind except
    35  a  pistol  or  revolver,  unless such longbow or crossbow is unstrung or
    36  such firearm or crossbow is taken down or securely fastened in a case or
    37  locked in the trunk of the vehicle. For purposes  of  this  subdivision,
    38  motor  vehicle  shall mean every vehicle or other device operated by any
    39  power other than muscle power, and which shall include but not be limit-
    40  ed to automobiles, trucks, motorcycles, tractors,  trailers  and  motor-
    41  boats,  snowmobiles and snowtravelers, whether operated on or off public
    42  highways.  Notwithstanding  the  provisions  of  this  subdivision,  the
    43  department  may  issue  a  permit  to  any person who is non-ambulatory,
    44  except with the use of a mechanized aid, to possess a loaded firearm  in

    45  or  on  a  motor  vehicle  as  defined  in this section, subject to such
    46  restrictions as the department may deem necessary  in  the  interest  of
    47  public  safety.  Nothing  in  this  section  permits the possession of a
    48  pistol or a revolver contrary to the penal law.
    49    4. a. No person shall:
    50    (1) discharge a firearm, crossbow or long bow in such a  way  as  will
    51  result in the load, bolt, or arrow thereof passing over a public highway
    52  or any part thereof;
    53    (2) discharge a firearm [or long bow] within five hundred feet, a long
    54  bow  within  one  hundred  fifty  feet, or a crossbow within two hundred
    55  fifty feet from a dwelling house, farm building or farm structure  actu-

        S. 6355--D                         96                         A. 8555--D
 

     1  ally occupied or used, school building, school playground, public struc-
     2  ture, or occupied factory or church;
     3    (3)  use  a  firearm  or  a long bow for the hunting of migratory game
     4  birds in Larchmont Harbor, specifically those portions  bounded  by  the
     5  following points of land:
     6    BEGINNING  AT  A  POINT  KNOWN  AS UMBRELLA POINT ON THE EAST SHORE OF
     7  LARCHMONT HARBOR THEN PROCEEDING  IN  A  NORTHERLY  DIRECTION  TO  CEDAR
     8  ISLAND;  THENCE  NORTHWESTERLY  TO MONROE INLET; THENCE NORTHEASTERLY TO
     9  DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A  SOUTHWESTERLY
    10  DIRECTION  FROM  DELANCY  COVE TO GREACEN POINT; THENCE RUNNING THE AREA
    11  BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST;  THENCE
    12  SOUTHEAST  THEN  ALONG  THE  WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
    13  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.

    14    (4) Use of a firearm or a long bow for the hunting of  migratory  game
    15  birds  in  Udall's  Cove, specifically those portions of Little Neck Bay
    16  within Nassau and Queens counties lying east of  a  line  running  north
    17  from the foot of Douglaston Parkway to the shore opposite.
    18    b.  The  prohibitions contained in subparagraph 2 of paragraph a above
    19  shall not apply to:
    20    (1) The owner or lessee of the dwelling house, or members of his imme-
    21  diate family actually residing therein, or a person in  his  employ,  or
    22  the  guest  of the owner or lessee of the dwelling house acting with the
    23  consent of said owner or lessee, provided however, that  nothing  herein
    24  shall  be  deemed  to  authorize such persons to discharge a firearm [or
    25  longbow] within five hundred feet, a long bow within one  hundred  fifty

    26  feet,  or a crossbow within two hundred fifty feet of any other dwelling
    27  house, or a farm building or farm structure actually occupied  or  used,
    28  or a school building or playground, public structure, or occupied facto-
    29  ry or church;
    30    (2)  Programs  conducted  by  public  schools offering instruction and
    31  training in the use of firearms or long bow;
    32    (3) The authorized use of a pistol, rifle or  target  range  regularly
    33  operated  and maintained by a police department or other law enforcement
    34  agency or by any duly organized membership corporation;
    35    (4) The discharge of a shotgun over water by a person hunting migrato-
    36  ry game birds if no dwelling house,  farm  building  or  farm  structure
    37  actually occupied or used, school building, school playground, or public

    38  structure,  factory  or  church,  livestock or person is situated in the
    39  line of discharge  less  than  five  hundred  feet  from  the  point  of
    40  discharge.
    41    §  9.  Paragraph c of subdivision 5 of section 11-0931 of the environ-
    42  mental conservation law, as amended by chapter 309 of the laws of  2006,
    43  is amended to read as follows:
    44    c.  In  the Northern Zone no person, while engaged in hunting with the
    45  aid of a dog or while afield accompanied by a dog, shall possess a rifle
    46  larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
    47  loaded  with  a  slug, ball or buckshot, or possess a crossbow; but this
    48  paragraph does not apply to persons, engaged in coyote hunts  with  dogs
    49  during any open season on coyotes established pursuant to the provisions
    50  of section 11-0903 of this title.

    51    §  10.    Paragraph  4 of subdivision a of section 265.20 of the penal
    52  law, as amended by chapter 1041 of the laws of 1974, is amended to  read
    53  as follows:
    54    4.  Possession  of a rifle, shotgun, crossbow or longbow for use while
    55  hunting, trapping or fishing, by a person, not a citizen of  the  United

        S. 6355--D                         97                         A. 8555--D
 
     1  States,  carrying  a valid license issued pursuant to section 11-0713 of
     2  the environmental conservation law.
     3    §  11.  Paragraph a and the opening paragraph of paragraph b of subdi-
     4  vision 2 of section 11-0929 of the environmental  conservation  law,  as
     5  amended  by  section 13 of part R of chapter 58 of the laws of 2013, are
     6  amended to read as follows:
     7    a. hunt wildlife with a gun, crossbow or longbow, other than wild deer

     8  or bear as provided in paragraph b of this subdivision, unless he or she
     9  is accompanied by his or her parent or legal guardian holding a  hunting
    10  license,  or  by  a person eighteen years of age or older, designated in
    11  writing by his or her parent or legal guardian, holding such license;
    12    hunt wild deer or bear with a crossbow or gun unless:
    13    § 12. Section 11-0713 of the environmental conservation law is amended
    14  by adding a new subdivision 6 to read as follows:
    15    6. The department shall require training in the safe  use  of  hunting
    16  with a crossbow and safe hunting practices in the basic hunter education
    17  course  required  for  all  new  hunters. All persons who have completed
    18  hunter education and who have not certified their completion of a safety

    19  course which includes crossbow hunting training prior  to  April  first,
    20  two thousand fourteen shall complete an online or other training program
    21  approved by the department prior to using a crossbow to hunt.
    22    § 13. Subdivision 15 of section 11-0901 of the environmental conserva-
    23  tion  law,  as  amended by chapter 81 of the laws of 1988, is amended to
    24  read as follows:
    25    15. Notwithstanding any inconsistent provision of  this  section,  the
    26  department  may  [issue a permit to take] adopt regulations to allow the
    27  taking of big game or small game by the use of a long bow equipped  with
    28  a mechanical device for holding and releasing the bowstring, attached to
    29  the  handle section of an otherwise legal long bow, to any person with a

    30  physical disability who is [permanently] physically incapable of drawing
    31  and holding a long bow because of a physical [handicap  or]  disability,
    32  subject  to  such  restrictions as the department may [deem necessary in
    33  the interest of public safety] adopt by regulation. For the  purpose  of
    34  this  subdivision,  a  person  with a physical disability shall mean any
    35  person who submits to the department a statement  of  a  physician  duly
    36  licensed  to  practice medicine that such person is physically incapable
    37  of arm movement sufficient to draw, hold  and  release  a  long  bow  as
    38  defined  in  subdivision four of this section or as otherwise defined in
    39  department regulation. The department is authorized to adopt regulations

    40  requiring documentation to establish that an applicant  is  eligible  to
    41  use a mechanical device pursuant to this subdivision.
    42    § 14. Paragraph a of subdivision 1 and paragraph a of subdivision 2 of
    43  section  11-0907  of  the environmental conservation law, paragraph a of
    44  subdivision 1 as amended by section 37 of part F of chapter  82  of  the
    45  laws of 2002, and paragraph a of subdivision 2 as amended by chapter 600
    46  of the laws of 1993, item (b) of paragraph a of subdivision 2 as amended
    47  by section 1 of chapter 600 of the laws of 2005, item (d) of paragraph a
    48  of  subdivision  2  as  separately amended by chapter 108 of the laws of
    49  1995 and section 1 of chapter 600 of the laws of 2005, item (f) of para-
    50  graph a of subdivision 2 as separately amended by chapters 144  and  159
    51  of the laws of 2013, item (i) of paragraph a of subdivision 2 as amended

    52  by  chapter 231 of the laws of 2012, item (k) of paragraph a of subdivi-
    53  sion 2 as added by chapter 144 of the laws of  2013,  and  item  (k)  of
    54  paragraph  a  of  subdivision  2  as added by chapter 159 of the laws of
    55  2013, are amended and a new subdivision 10 is added to read as follows:

        S. 6355--D                         98                         A. 8555--D
 
     1    a. Wild deer without antlers or having  antlers  measuring  less  than
     2  three inches in length shall not be taken unless it is taken (1) by long
     3  bow  in  a  special long bow season established in subdivision 3 of this
     4  section, or (2) by muzzle-loading  firearm  or  crossbow  in  a  special
     5  muzzle-loading  firearm  season  established  in  subdivision  8 of this
     6  section, or (3) by long bow in Westchester and  Suffolk  Counties  in  a

     7  year in which a regular season for deer of either sex is established for
     8  such  counties,  or  (4) in a special open season for deer of either sex
     9  fixed by regulation pursuant to subdivision 5 or 7 of section 11-0903 of
    10  this title, or (5) pursuant to a special antlerless deer  license  in  a
    11  special  open  season for antlerless deer in a tract within a Wilderness
    12  Hunting Area fixed by regulation pursuant to subdivision  6  of  section
    13  11-0903  of this title, or (6) pursuant to a deer management permit by a
    14  person eligible to take  such  deer  pursuant  thereto  as  provided  in
    15  section  11-0913 of this title, or (7) pursuant to a permit issued to an
    16  eligible non-ambulatory person, pursuant to  subdivision  2  of  section
    17  11-0931  of this title, while in possession of a valid license issued by
    18  the department which authorizes the holder to hunt big game. Nothing  in

    19  this  subparagraph  shall be construed to limit the power of the depart-
    20  ment to designate by regulation an area or areas of the state consisting
    21  of a county or part of a county where such season shall apply and wheth-
    22  er the number of such special permits shall be limited.
    23    a. Regular open hunting seasons for deer  are  established  separately
    24  for  the  named regions or parts of regions, or named counties listed in
    25  column one of the table set forth in this subdivision, and are specified
    26  as seasons for taking by pistol, rifle, shotgun  or  long  bow,  or  for
    27  taking  by shotgun, crossbow or long bow only, or for taking by long bow
    28  only, as indicated in column three entitled "Manner  of  Taking".  Where
    29  taking  of big game by shotgun is permitted by this chapter such shotgun
    30  may contain rifling in all or a portion of the barrel, provided,  howev-

    31  er,  if the barrel or a portion thereof does contain rifling only shells
    32  having non-metallic cases, except for the base,  may  be  used.  In  the
    33  areas identified in column one except in the "closed areas" specified in
    34  subdivision  [5]  five  of this section the game specified in column two
    35  may be taken in the open season stated in column two immediately follow-
    36  ing the specification of the game, in the  manner  specified  in  column
    37  three.
 
    38                                    TABLE
 
    39       Column One                Column Two               Column Three
    40          Area              Game and Open Season        Manner of Taking
 
    41  (a) Northern Zone         Deer, next to last       Pistol, rifle,
    42                            Saturday in October      shotgun, crossbow
    43                            through first Sunday      or long bow

    44                            in December
 
    45  (b) Catskill region       Deer, first Monday       Pistol, rifle,
    46    except Delaware,        after November 15        shotgun, crossbow
    47    Greene, Sullivan,       through first Tuesday    or long bow
    48    Ulster counties         after December 7
    49    and those counties
    50    or portions thereof
    51    listed in item (i)
    52    of this paragraph

        S. 6355--D                         99                         A. 8555--D
 
     1  (c) Counties of           Deer, first Monday       Pistol, rifle,
     2    Delaware, Greene,       after November 15        shotgun, crossbow
     3    Sullivan and Ulster     through first Tuesday    or long bow
     4                            after December 7
 
     5  (d) Eastern region,       Deer, first Monday       Pistol, shotgun,

     6    except Columbia,        after November 15        crossbow,
     7    Fulton, Orange,         through first Tuesday    muzzle loading
     8    Rensselaer, Saratoga,   after December 7         firearm or
     9    Washington Counties                              long bow only
    10    and those counties
    11    or portions thereof
    12    listed in item (i)
    13    of this paragraph
 
    14  (e) Fulton, Saratoga,     Deer, first Monday       Pistol, rifle,
    15    Washington (parts       after November 15        shotgun, crossbow
    16    in the Southern         through first Tuesday    or long bow
    17    zone), Columbia,        after December 7
    18    Orange, and
    19    Rensselaer
    20    counties
 
    21  (f) Southern tier,        Deer, first              Pistol, shotgun,
    22    central and Western     Monday after November    crossbow,

    23    region, except those    15 through first         muzzle loading
    24    counties or portions    Tuesday after            firearm or
    25    thereof listed in       December 7               long bow only
    26    item (i) [or], (k)
    27    or (l) of this
    28    paragraph
 
    29  (g) Westchester           Deer of either sex,      long bow only
    30    County                  November 1 through
    31                            December 31
 
    32  (h) Suffolk County        Deer of either sex       long bow only
    33                            Second Monday in
    34                            November through
    35                            December thirty-first
 
    36  (i) The counties of       Deer, the first Monday   Pistol, shotgun,
    37    Allegany, Cattaraugus,  after November 15        crossbow,
    38    Cayuga, Chautauqua      through first Tuesday    muzzle loading

    39    except that portion     after December 7         firearm, rifle or
    40    of the county north                              long bow only
    41    of route 20, Chemung,
    42    Chenango, Herkimer,
    43    Madison,
    44    Montgomery, Oneida,
    45    Oswego, Otsego,
    46    Schoharie, Schuyler,
    47    Steuben, Tioga,
    48    Wyoming and Yates
    49    and that portion of
    50    the county of

        S. 6355--D                         100                        A. 8555--D
 
     1    Broome east of the
     2    Susquehanna river
 
     3  (k) The county of         Deer, the first          Pistol, shotgun,
     4     Ontario                Saturday after November  crossbow,
     5                            15 through first Sunday  muzzle loading
     6                            after December 7         firearm, rifle or
     7                                                     long bow only
 

     8  [(k)] (l) The county of   Deer, the first          Pistol, shotgun,
     9     Wayne                  Saturday after November  crossbow,
    10                            15 through first Sunday  muzzle loading
    11                            after December 7         firearm, rifle
    12                                                     or long bow only
    13    10.  Notwithstanding  any  provision  of  this  chapter,  or any prior
    14  notwithstanding language in this article, the department may,  by  regu-
    15  lation, authorize the taking of big game by the use of a crossbow by any
    16  licensed  person  in any big game season in any area designated in items
    17  (a), (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of  subdi-
    18  vision  two  of  this  section  in  which  a shotgun or muzzle loader is

    19  permitted provided however, that any crossbow use during an archery-only
    20  season shall only take place during the last fourteen  consecutive  days
    21  of  such  archery-only  season  in  the southern zone provided that such
    22  archery-only season shall consist of not less than forty-five  days  and
    23  only  during the last ten consecutive days of any archery-only season in
    24  the northern zone provided that such archery-only season  shall  consist
    25  of  no  less  than  twenty-three days.   Any muzzle loading season which
    26  occurs at the same time as a  special  archery  season  may  only  occur
    27  during times when crossbows are authorized to be used.
    28    §  15. Paragraph a of subdivision 2 of section 11-0907 of the environ-

    29  mental conservation law, as amended by chapter 95 of the laws  of  1974,
    30  the  opening  paragraph  as  amended  by chapter 11 of the laws of 1988,
    31  column 2 of item (a) as amended by chapter 344  of  the  laws  of  1979,
    32  items  (b),  (d), and (f)  as amended by section 2 of chapter 600 of the
    33  laws of 2005, column 2 of item (g) as amended by chapter 92 of the  laws
    34  of  1980, item (h) as added by chapter 643 of the laws of 1977, column 2
    35  of item (h) as amended by chapter 332 of the laws of 1986, and item  (i)
    36  as  separately  amended  by chapters 111 and 155 of the laws of 2013, is
    37  amended to read as follows:
    38    a. Regular open hunting seasons for big game are established separate-
    39  ly for the named regions or parts of regions, or named  counties  listed
    40  in column one of the table set forth in this subdivision, and are speci-

    41  fied as seasons for taking by pistol, rifle, shotgun or long bow, or for
    42  taking  by  shotgun or long bow only, or for taking by long bow only, as
    43  indicated in column three entitled "Manner of Taking". Where  taking  of
    44  big  game  by  shotgun  is  permitted  by  this chapter such shotgun may
    45  contain rifling in all or a portion of the barrel, provided, however, if
    46  the barrel or a portion thereof does contain rifling only shells  having
    47  non-metallic cases, except for the base, may be used. In the areas iden-
    48  tified  in column one except in the "closed areas" specified in subdivi-
    49  sion 5 the game specified in column two may be taken in the open  season
    50  stated  in  column  two  immediately  following the specification of the
    51  game, in the manner specified in column three.
 
    52                                    TABLE


        S. 6355--D                         101                        A. 8555--D
 
     1       Column One                Column Two               Column Three
     2          Area              Game and Open Season        Manner of Taking
 
     3  (a) Northern Zone         Deer and bear, next     Pistol, rifle,
     4                            to last Saturday in     shotgun,
     5                            October through first   crossbow
     6                            Sunday in December      or long bow
 
     7  (b) Catskill region       Deer and bear, first    Pistol, rifle,
     8    except Delaware,        Monday after            shotgun,
     9    Greene, Sullivan,       November 15 through     crossbow
    10    Ulster counties         first Tuesday after     or long bow
    11    and those counties      December 7
    12    or portions thereof
    13    listed in item (i)
    14    of this paragraph
 

    15  (c) Counties of           Deer, first Monday      Pistol, rifle,
    16    Delaware, Greene,       after November 15       shotgun,
    17    Sullivan and Ulster     through first Tuesday   crossbow
    18                            after December 7;       or long bow
    19                            Bear, first Monday
    20                            after November 15
    21                            through second
    22                            Tuesday after
    23                            December 7
 
    24  (d) Eastern region,       Deer and bear,          Pistol, shotgun,
    25    except Columbia,        first Monday after      crossbow,
    26    Fulton, Orange,         November 15 through     muzzle loading firearm
    27    Rensselaer, Saratoga,   first Tuesday after     or long bow only
    28    Washington Counties     December 7
    29    and those counties
    30    or portions thereof
    31    listed in item (i)

    32    of this paragraph
 
    33  (e) Fulton, Saratoga,     Deer and bear, first    Pistol, rifle,
    34    Washington (parts       Monday after November   shotgun,
    35    in the Southern         15 through first        crossbow
    36    zone), Columbia,        Tuesday after           or long bow
    37    Orange, and             December 7
    38    Rensselaer
    39    counties
 
    40  (f) Southern tier,        Deer and bear, first    Pistol, shotgun,
    41    central and Western     Monday after November   crossbow,
    42    region, except those    15 through first        muzzle loading firearm
    43    counties or portions    Tuesday after           or long bow only
    44    thereof listed in       December 7
    45    item (i) of
    46    this paragraph
 
    47  (g) Westchester           Deer of either sex,     Long bow only
    48    County                  November 1 through
    49                            December 31

        S. 6355--D                         102                        A. 8555--D
 
     1  (h) Suffolk County        Deer of either sex      long bow only
     2                            Second Monday in
     3                            November through
     4                            December thirty-first
 
     5  (i) The counties of       Deer and bear, the      Pistol, shotgun,
     6    Allegany, Cattaraugus,  first Monday after      crossbow,
     7    Chautauqua except       November 15 through     muzzle loading
     8    that portion of the     first Tuesday after     firearm, rifle or
     9    county north of route   December 7              long bow only
    10    20, Chenango,
    11    Herkimer, Montgomery,
    12    Oneida, Oswego,
    13    Otsego, Schoharie,
    14    Tioga and Wyoming
    15    and that portion
    16    of the county
    17    of Broome east of the
    18    Susquehanna river
 

    19    §  16.  Paragraphs  a and b of subdivision 8 of section 11-0907 of the
    20  environmental conservation law, paragraph a as amended by section 11  of
    21  part  R  of  chapter  58  of the laws of 2013, paragraph b as amended by
    22  chapter 241 of the laws of 1997, are amended to read as follows:
    23    a. In every area identified in column one of the table  set  forth  in
    24  subdivision  [2]  two  of this section, except those areas restricted to
    25  special seasons for taking deer by longbow only,  special  open  seasons
    26  may be established by regulation for taking deer and/or bear, by the use
    27  of  muzzle-loading  firearms,  of  not  less than .44 caliber shooting a
    28  single projectile, or by the use of a crossbow,  by  the  holders  of  a
    29  hunting license with a valid muzzle-loading privilege.
    30    b.  Such  special  open  season for the Southern Zone shall be for the

    31  seven day period immediately preceding the regular open season for  deer
    32  stated  in  column  two of the table set forth in subdivision [2] two of
    33  this section, except that the department may, by  regulation,  fix  such
    34  open season in the Southern Zone or any portion thereof to be either the
    35  seven  days  immediately  preceding or immediately following the regular
    36  open season for deer, provided, however, that any taking of deer or bear
    37  by the use of a crossbow in a season or  special  season  in  which  the
    38  muzzle  loader  is  the only firearm permitted shall succeed the regular
    39  open hunting season for deer established pursuant to subdivision two  of
    40  of this section.
    41    §  17. Subdivision 9 of section 11-0701 of the environmental conserva-

    42  tion law, as amended by section 1-a of part R of chapter 58 of the  laws
    43  of 2013, is amended to read as follows:
    44    9. A muzzle-loading privilege when included on a hunting license enti-
    45  tles  a  holder  who is fourteen years of age or older to hunt wild deer
    46  and bear with a muzzle-loading firearm or crossbow, as provided in title
    47  9 of this article, in a special muzzle-loading firearm season.
    48    § 18. a. In no event shall the department of  environmental  conserva-
    49  tion  authorize  the  taking of big game by the use of a crossbow during
    50  any archery-only season prior to the last fourteen days of  such  season
    51  in  the  southern  zone,  or during any archery-only season prior to the
    52  last ten days of such season in the northern zone.
    53    b. In no event shall the department authorize the taking of  big  game

    54  by  the use of a crossbow in any area designated in items (a), (b), (c),

        S. 6355--D                         103                        A. 8555--D
 
     1  (d), (e), (f), (i), (k) and (l) of  paragraph  a  of  subdivision  2  of
     2  section  11-0907 of the environmental conservation law for which the use
     3  of shotgun or muzzle loader is not authorized  as  a  manner  of  taking
     4  pursuant to such paragraph.
     5    c.  In  no  event  shall  the department of environmental conservation
     6  authorize hunting with a crossbow by a person less than 14 years old.
     7    d. In no event shall  the  department  of  environmental  conservation
     8  establish  any  muzzle loading season which occurs at the same time as a
     9  special archery season unless it is at the same time as  when  crossbows
    10  are authorized to be used.

    11    §  19. Paragraph c of subdivision 3 of section 11-0901 of the environ-
    12  mental conservation law, as amended by chapter 825 of the laws of  1973,
    13  subparagraph 1 as amended by chapter 407 of the laws of 1976, is amended
    14  to read as follows:
    15    c.  Wild  small game and wild upland game birds shall be taken only by
    16  longbow or gun, or by the use of raptors as provided in title 10 of this
    17  article, except that:
    18    (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
    19  in any manner not prohibited in this section or in title 11 of the  Fish
    20  and Wildlife Law[, and];
    21    (2)  frogs  may also be taken by spearing, catching with the hands, or
    22  by the use of a club or hook[.]; and
    23    (3) crossbows may be used but only by licensees who are fourteen years
    24  of age or older.

    25    § 20. Subdivision 1 of section 11-0929 of the environmental  conserva-
    26  tion  law,  as amended by section 13 of part R of chapter 58 of the laws
    27  of 2013, is amended to read as follows:
    28    1. A licensee who is twelve or thirteen years of age  shall  not  hunt
    29  wildlife  with a gun or a longbow unless he or she is accompanied by his
    30  or her parent or legal guardian, or by a person twenty-one years of  age
    31  or older designated in writing by his or her parent or legal guardian on
    32  a  form  prescribed  by  the department, who holds a hunting license.  A
    33  licensee who is twelve or thirteen years of age shall not  hunt  with  a
    34  crossbow.
    35    §  21. Paragraph a of subdivision 1 of section 11-0701 of the environ-
    36  mental conservation law, as amended by section 1-a of part R of  chapter
    37  58 of the laws of 2013, is amended to read as follows:

    38    a.  entitles  a  holder who is twelve or thirteen years of age to hunt
    39  wildlife, except big game, as  provided  in  title  9  of  this  article
    40  subject,  specifically,  to  the  provisions  of section 11-0929 of this
    41  article. It entitles such holder to  possess  firearms  as  provided  in
    42  section  265.05  of  the penal law.   A holder who is twelve or thirteen
    43  years of age shall not hunt with a crossbow.
    44    § 22. The environmental conservation law is amended by  adding  a  new
    45  section 11-0933 to read as follows:
    46  § 11-0933. Taking small game by crossbow.
    47    Notwithstanding  any  provision of this chapter, or any prior notwith-
    48  standing language in this article, the department  may,  by  regulation,
    49  authorize the taking of small game and wild upland game birds by the use

    50  of  a crossbow by any licensed person fourteen years of age or older, in
    51  any small game season, in any area designated in items  (a),  (b),  (c),
    52  (d),  (e),  (f),  (i), (k), and (l) of paragraph a of subdivision two of
    53  section 11-0907 of this title in which a shotgun  or  muzzle  loader  is
    54  permitted.
    55    § 23. Section 11-0715 of the environmental conservation law is amended
    56  by adding a new subdivision 7 to read as follows:

        S. 6355--D                         104                        A. 8555--D
 
     1    7.  Notwithstanding  the  provisions  of  subdivision  three  of  this
     2  section, the commissioner may offer for sale  licenses,  privileges  and
     3  permits  listed  in  this  section at a reduced price up to ten days per

     4  year to  encourage  resident  and  out-of-state  hunters,  trappers  and
     5  anglers  to  utilize  New  York's hunting, trapping and fishing opportu-
     6  nities. These days shall be designated in a  manner  determined  by  the
     7  department  to best provide public notice thereof and to maximize public
     8  participation therein.
     9    § 24. Subdivision 14 of section 11-0305 of the environmental conserva-
    10  tion law, as amended by chapter 292 of the laws of 1996  and  as  renum-
    11  bered  by  section  2  of  part  F of chapter 82 of the laws of 2002, is
    12  amended to read as follows:
    13    14. Notwithstanding any inconsistent provision of law, the commission-
    14  er may designate no more than [two] eight days in each year  that  shall
    15  be  effective  in every administrative region of the department, as free

    16  sport fishing days during which any person may, without having  a  sport
    17  fishing  license and without the payment of any fee, exercise the privi-
    18  leges of a holder of a sport fishing license,  subject  to  all  of  the
    19  limitations,  restrictions,  conditions,  laws,  rules  and  regulations
    20  applicable to the holder of a sport fishing license. Free sport  fishing
    21  days  shall  be  designated  in a manner determined by the department to
    22  best provide public notice thereof and to maximize public  participation
    23  therein,  so  as  to  promote the recreational opportunities afforded by
    24  sport fishing.
    25    § 25. Subparagraph 7 of paragraph a and subparagraph 3 of paragraph  b
    26  of  subdivision  3  of section 11-0715 of the environmental conservation
    27  law, as amended by chapter 276 of the laws of 2013, are amended to  read
    28  as follows:

    29          (7) Seven-day fishing                    [$13.00] $12.00
    30          (3) Seven-day fishing                    [$31.00] $28.00
    31    §  26. Section 404-s of the vehicle and traffic law, as added by chap-
    32  ter 304 of the laws of 2001, is amended by adding three new subdivisions
    33  3, 4 and 5 to read as follows:
    34    3. A distinctive plate issued pursuant to this section to a person who
    35  purchases a lifetime license pursuant to section 11-0702 of the environ-
    36  mental conservation law or a lifetime vehicle access pass, also known as
    37  a lifetime empire passport, pursuant to article thirteen of  the  parks,
    38  recreation  and  historic  preservation  law  between January first, two
    39  thousand fourteen and December thirty-first, two thousand fourteen shall

    40  be issued in the same manner as other number plates upon the payment  of
    41  the  regular  registration fee prescribed by section four hundred one of
    42  this article; provided, however, that commencing upon the  third  regis-
    43  tration  period  after the initial issuance of such plate, an additional
    44  annual service charge of fifteen  dollars  shall  be  charged  for  such
    45  plate.  Such service charge shall be deposited and made available in the
    46  same  manner  as  set  forth  in subdivision two of this section.  Addi-
    47  tionally, such person shall be exempt from the payment of (a) the  twen-
    48  ty-five  dollar  fee  required  to  be paid for the issuance of a set of
    49  reflectorized number plates pursuant to paragraph a of subdivision three

    50  of section four hundred one of this article, and (b) the  fee  of  three
    51  dollars  and  twenty-five  cents for the issuance of a new set of number
    52  plates pursuant to paragraph b of  subdivision  three  of  section  four
    53  hundred one of this article.
    54    4.  A  person  who,  prior  to  January  first, two thousand fourteen,
    55  possesses a lifetime license pursuant to section 11-0702 of the environ-
    56  mental conservation law or a lifetime vehicle access pass, also known as

        S. 6355--D                         105                        A. 8555--D
 
     1  a lifetime empire passport, or a three or five year vehicle access  pass
     2  pursuant to article thirteen of the parks, recreation and historic pres-

     3  ervation  law  shall, on request between April first, two thousand four-
     4  teen  and March thirty-first, two thousand fifteen, be issued a distinc-
     5  tive plate pursuant to this section in the same manner as  other  number
     6  plates  upon  the  payment of the regular registration fee prescribed by
     7  section four hundred  one  of  this  article;  provided,  however,  that
     8  commencing upon the third registration period after the initial issuance
     9  of  such  plate,  an additional annual service charge of fifteen dollars
    10  shall be charged for such plate. Such service charge shall be  deposited
    11  and made available in the same manner as set forth in subdivision two of
    12  this  section.    Additionally,  such  person  shall  be exempt from the

    13  payment of the fee of three dollars and twenty-five cents for the  issu-
    14  ance  of  a new set of number plates pursuant to paragraph b of subdivi-
    15  sion three of section four hundred one of this article.
    16    5. Any New York resident who possesses a hunting, fishing or  trapping
    17  license issued pursuant to title seven of article eleven of the environ-
    18  mental  conservation law or an annual vehicle access pass, also known as
    19  an empire passport, pursuant to article thirteen of  the  parks,  recre-
    20  ation  and  historic preservation law shall, upon request, be issued the
    21  distinctive plate available to a person who purchases a lifetime license
    22  or passport, which shall be issued in the same manner  as  other  number

    23  plates  upon  the  payment of the regular registration fee prescribed by
    24  section four hundred one of this article;  provided,  however,  that  an
    25  additional annual service charge of fifteen dollars shall be charged for
    26  such plate. Such service charge shall be deposited and made available in
    27  the same manner as set forth in subdivision two of this section.
    28    §  27.  This act shall take effect April 1, 2014 provided that if this
    29  act shall take effect after April 1, 2014, this act  shall  take  effect
    30  immediately and shall be deemed to have been in full force and effect on
    31  and after April 1, 2014; provided, however, that the amendments to para-
    32  graph  a  of  subdivision  2  of  section 11-0907   of the environmental
    33  conservation law made by section fourteen of this act shall  be  subject

    34  to the expiration and reversion of such paragraph pursuant to section 13
    35  of  chapter 600 of the laws of 1993, as amended, when upon such date the
    36  provisions of section fifteen of this act shall take effect.
 
    37                                   PART FF
 
    38    Section 1. Chapter 350 of the laws of 2012 relating to the  conveyance
    39  of  land formerly used as an armory to the town of Brookhaven, county of
    40  Suffolk, section 3 as amended by chapter 161 of the  laws  of  2013,  is
    41  amended to read as follows:
    42    Section  1.  Subject to the provisions of this act but notwithstanding
    43  any other provision of law to the contrary, the commissioner of  general
    44  services  is  hereby  authorized  to transfer and convey to the [town of
    45  Brookhaven] North Patchogue Fire District in consideration of one dollar

    46  and upon such other conditions as the commissioner may deem proper, land
    47  formerly used as an armory, and further described in section two of this
    48  act.
    49    § 2. The lands authorized by this act to be transferred  and  conveyed
    50  are as follows:
    51    ALL that tract or parcel of land situate, lying and being  in the Town
    52  of  Brookhaven,  County  of  Suffolk and State of New York, described as
    53  follows:

        S. 6355--D                         106                        A. 8555--D
 
     1    BEGINNING at a concrete monument  on  the  southerly  line  of  Barton
     2  Avenue, at the boundary line of Lots 30 and 31 of the Map of Property of
     3  the  O.L.    Schwencke Land and Investment Company and running from said
     4  point of beginning South 05 08'00" West a distance of 512.00 feet  to  a
     5  concrete  monument  on  the  boundary  line  between  said lot and lands

     6  belonging to William G. Hubbard (reputed owner); thence South  84 52'00"
     7  East  a  distance  of 255.30 feet to a concrete monument on the boundary
     8  line between Lots 27 and 28; thence North 05 08'00" East a  distance  of
     9  512.00  feet  to  a  concrete monument on the northerly boundary line of
    10  Lots 27 and 28 which is 914.14 feet from  a  concrete  monument  at  the
    11  boundary  line  of  Lot 27 and Washington Avenue; thence North 84 52'00"
    12  West a distance of 255.30 feet to the point and place of beginning.
    13    Said parcel consisting of Lots 28, 29 and 30 on  Map  17-277  of  O.L.
    14  Schwenke  and  filed  in the Office of the County Clerk of the County of
    15  Suffolk dated September 24, 1901 contains 3.00 acres.
    16    § 3. The commissioner of general services shall not transfer or convey
    17  the aforesaid land unless application is made by the [town  of  Brookha-

    18  ven]  North  Patchogue Fire District within [three years] one year after
    19  the effective date of [this act] the chapter of the laws  of  2014  that
    20  amended this section.
    21    §  4. Any lands transferred pursuant to this act shall be used for the
    22  purposes of the [town of Brookhaven] North Patchogue  Fire  District  to
    23  utilize  the  subject  property  and improve the structures for [general
    24  municipal] fire protection and emergency services uses[, highway depart-
    25  ment uses and recreation] and upon termination of such use title to  the
    26  lands so transferred shall revert to the state of New York.
    27    § 5. This act shall take effect immediately.
    28    § 2. This act shall take effect immediately.
 

    29                                  PART  GG
 
    30    Section 1.  Subject to the provisions of this act, but notwithstanding
    31  any  other provision of law to the contrary, the commissioner of general
    32  services is hereby authorized to sell and convey at fair  market  value,
    33  and upon such other terms and conditions as such commissioner may deter-
    34  mine, to the city of Ogdensburg all or part of the land and improvements
    35  hereinafter described:
    36    Parcel  A:  Surplus property as defined by the Office of Mental Health
    37  December 29, 2011. Situated between Route 37 and Cottage Drive;  bounded
    38  on the northeast by Office of Mental Health long-term property for Chil-
    39  dren  and  Youth  to include building numbers 38, 49, 50, 56, 57, 58 and
    40  86, and bounded on the west by  Ogdensburg  Bridge  and  Port  Authority
    41  lands, containing approximately 45 acres.

    42    A precise description will be based on an actual survey of the proper-
    43  ty to be conveyed.
    44    § 2. The commissioner of general services shall not transfer or convey
    45  any of the aforesaid land and improvements unless application is made by
    46  the  city of Ogdensburg within one year after the effective date of this
    47  act. Due to the proximity of the land and improvements to be transferred
    48  and conveyed to existing  mental  health  and  correctional  facilities,
    49  terms  and  conditions  of  any  transfer  and  conveyance including the
    50  proposed use of said land and improvements,  shall  be  subject  to  the
    51  approval  of  the  commissioner  of  mental  health, the commissioner of
    52  corrections and community supervision, and the director of the  division
    53  of the budget.
    54    § 3. This act shall take effect immediately.


        S. 6355--D                         107                        A. 8555--D
 
     1                                   PART HH
 
     2    Section  1.  Section 4 of the state finance law is amended by adding a
     3  new subdivision 11 to read as follows:
     4    11. (a) Notwithstanding any other law to the contrary  and  except  as
     5  provided  by  paragraph  (b)  of  this subdivision, no state agency or a
     6  state official or employee acting in their official  capacity,  may  pay
     7  out  or  otherwise  disburse funds obtained as the result of a judgment,
     8  stipulation, decree, agreement to settle, assurance  of  discontinuance,
     9  or other legal instrument resolving any claim or cause of action, wheth-
    10  er  filed  or  unfiled,  actual  or potential, and whether arising under

    11  common law, equity, or any provision  of  law,  except  pursuant  to  an
    12  appropriation.  Such  funds shall not be retained by any state official,
    13  employee, or agency in any fund held in the  sole  custody  of  a  state
    14  agency  for a period of more than thirty days but shall, consistent with
    15  section seven of article seven of the state constitution be deposited in
    16  the state treasury, or fund under its management as may be  directed  by
    17  statute or as otherwise directed by the comptroller with the concurrence
    18  of the director of the budget.
    19    (b) Paragraph (a) of this subdivision shall not apply to (1) moneys to
    20  be  distributed  to the federal government, to a local government, or to

    21  any holder of a bond or other debt instrument issued by the  state,  any
    22  public  authority,  or  any public benefit corporation; (2) moneys to be
    23  distributed solely or exclusively as a payment of damages or restitution
    24  to individuals or entities that were specifically injured or  harmed  by
    25  the  defendant's or settling party's conduct and that are identified in,
    26  or can be identified by the terms of, the relevant  judgment,  agreement
    27  to settle, assurance of discontinuance, or relevant instrument resolving
    28  the  claim  or  cause  of  action; (3) moneys recovered or obtained by a
    29  state agency or a state official or employee acting  in  their  official
    30  capacity  where  application  of  paragraph  (a)  of this subdivision is

    31  prohibited by federal law, rule, or regulation, or would result  in  the
    32  reduction  or  loss of federal funds or eligibility for federal benefits
    33  pursuant to federal law, rule, or regulation; (4)  moneys  recovered  or
    34  obtained  by or on behalf of a public authority, a public benefit corpo-
    35  ration, the department of taxation and  finance,  the  workers'  compen-
    36  sation  board, the New York state higher education services corporation,
    37  the tobacco settlement financing corporation, a state or  local  retire-
    38  ment  system, an employee health benefit program administered by the New
    39  York state department of civil service, the  Title  IV-D  child  support
    40  fund,  the lottery prize fund, the abandoned property fund, or an endow-

    41  ment of the state university of New York or  any  unit  thereof  or  any
    42  state  agency, provided that all of the moneys received or recovered are
    43  immediately transferred to the relevant public authority, public benefit
    44  corporation, department, fund, program, or endowment; (5) moneys  to  be
    45  refunded  to  an  individual  or  entity as (i) an overpayment of a tax,
    46  fine,  penalty,  fee,  insurance  premium,  loan  payment,   charge   or
    47  surcharge;  (ii)  a  return of seized assets, or (iii) a payment made in
    48  error; and (6) moneys to be used to prevent, abate,  restore,  mitigate,
    49  or  control any identifiable instance of prior or ongoing water, land or
    50  air pollution.
    51    § 2. The state finance law is amended by adding a new section 190-a to

    52  read as follows:
    53    § 190-a. Monies recovered. Notwithstanding any law  to  the  contrary,
    54  all monies recovered or obtained under this article by a state agency or

        S. 6355--D                         108                        A. 8555--D
 
     1  state  official  or  employee acting in their official capacity shall be
     2  subject to subdivision eleven of section four of this chapter.
     3    §  3. The first undesignated paragraph of subdivision 12 of section 63
     4  of the executive law, as amended by chapter 476 of the laws of 1981,  is
     5  amended to read as follows:
     6    Whenever  any  person  shall  engage in repeated fraudulent or illegal
     7  acts or otherwise demonstrate persistent  fraud  or  illegality  in  the
     8  carrying on, conducting or transaction of business, the attorney general

     9  may  apply,  in  the name of the people of the state of New York, to the
    10  supreme court of the state of New York, on notice of five days,  for  an
    11  order  enjoining  the  continuance  of  such business activity or of any
    12  fraudulent or illegal acts, directing restitution and damages and, in an
    13  appropriate case, cancelling any certificate filed under and  by  virtue
    14  of  the provisions of section four hundred forty of the former penal law
    15  or section one hundred thirty of the general business law, and the court
    16  may award the relief applied for or so much thereof as it may deem prop-
    17  er. The word "fraud" or "fraudulent" as used herein  shall  include  any
    18  device,  scheme  or  artifice to defraud and any deception, misrepresen-
    19  tation, concealment,  suppression,  false  pretense,  false  promise  or
    20  unconscionable  contractual  provisions.  The term "persistent fraud" or

    21  "illegality" as used herein shall include continuance or carrying on  of
    22  any  fraudulent  or  illegal act or conduct. The term "repeated" as used
    23  herein shall include repetition of any separate and distinct  fraudulent
    24  or  illegal act, or conduct which affects more than one person. Notwith-
    25  standing any law to the contrary, all monies recovered or obtained under
    26  this subdivision by a state agency or state official or employee  acting
    27  in  their  official  capacity  shall be subject to subdivision eleven of
    28  section four of the state finance law.
    29    § 4. Section 63 of the executive law is amended by adding a new subdi-
    30  vision 16 to read as follows:
    31    16. (a) Notwithstanding any other law to the contrary,  in  resolving,
    32  by  agreed judgment, stipulation, decree, agreement to settle, assurance

    33  of discontinuance or otherwise, any claim or cause  of  action,  whether
    34  filed  or unfiled, actual or potential, and whether arising under common
    35  law, equity, or any provision of law, a state agency or a state official
    36  or employee acting in their official capacity shall not have the author-
    37  ity to include or agree to include in such resolution any term or condi-
    38  tion that would provide the state agency, official, or  employee,  their
    39  agent  or  designee, the settling party, or any third party with control
    40  or discretion over how any moneys to be paid by the settling party would
    41  be used, spent, or allocated.
    42    (b) Paragraph (a) of this subdivision shall not apply to any provision

    43  in the resolution of a claim or cause of action providing (1) moneys  to
    44  be  distributed  to the federal government, to a local government, or to
    45  any holder of a bond or other debt instrument issued by the  state,  any
    46  public  authority,  or  any public benefit corporation; (2) moneys to be
    47  distributed solely or exclusively as a payment of damages or restitution
    48  to individuals or entities that were specifically injured or  harmed  by
    49  the  defendant's or settling party's conduct and that are identified in,
    50  or can be identified by the terms  of,  the  relevant  judgment,  stipu-
    51  lation,  decree,  agreement  to  settle, assurance of discontinuance, or
    52  relevant instrument resolving the claim or cause of action;  (3)  moneys

    53  recovered or obtained by the attorney general where application of para-
    54  graph  (a)  of  this  subdivision is prohibited by federal law, rule, or
    55  regulation, or would result in the reduction or loss of federal funds or
    56  eligibility for federal benefits pursuant to federal law, rule, or regu-

        S. 6355--D                         109                        A. 8555--D
 
     1  lation; (4) moneys recovered or obtained by or on  behalf  of  a  public
     2  authority,  a public benefit corporation, the department of taxation and
     3  finance, the workers' compensation board,  the  New  York  state  higher
     4  education  services corporation, the tobacco settlement financing corpo-
     5  ration, a state or local retirement system, an employee  health  benefit

     6  program  administered by the New York state department of civil service,
     7  the Title IV-D child support fund, the lottery prize fund, the abandoned
     8  property fund, or an endowment of the state university of  New  York  or
     9  any  unit  thereof  or any state agency, provided that all of the moneys
    10  received or recovered are immediately transferred to the relevant public
    11  authority, public benefit corporation,  department,  fund,  program,  or
    12  endowment;  (5)  moneys to be refunded to an individual or entity as (i)
    13  an overpayment of a tax, fine, penalty,  fee,  insurance  premium,  loan
    14  payment, charge or surcharge; (ii) a return of seized assets; or (iii) a
    15  payment  made  in  error;  and  (6) moneys to be used to prevent, abate,

    16  restore, mitigate or control any identifiable instance of prior or ongo-
    17  ing water, land or air pollution.
    18    (c) Where  an  agreed  judgment,  stipulation,  decree,  agreement  to
    19  settle,  assurance  of discontinuance or other legal instrument resolves
    20  (1) any claim or any cause of action asserted by a  state  agency  or  a
    21  state official or employee acting in their official capacity and (2) any
    22  claim  or  cause of action asserted by one or more foreign jurisdictions
    23  or third parties, paragraph (a) of this subdivision shall only apply  to
    24  the  resolution  of  the  claim or cause of action asserted by the state
    25  agency, official, or employee.
    26    § 5. The general business law is amended by adding a new section 340-a
    27  to read as follows:

    28    § 340-a. Monies recovered. Notwithstanding any law  to  the  contrary,
    29  all monies recovered or obtained under this article by a state agency or
    30  state  official  or  employee acting in their official capacity shall be
    31  subject to subdivision eleven of section four of the state finance law.
    32    § 6. Section 349 of the general business law is amended  by  adding  a
    33  new subdivision (j) to read as follows:
    34    (j)  Notwithstanding  any law to the contrary, all monies recovered or
    35  obtained under this article by a  state  agency  or  state  official  or
    36  employee  acting in their official capacity shall be subject to subdivi-
    37  sion eleven of section four of the state finance law.
    38    § 7. Section 353 of the general business law is amended  by  adding  a

    39  new subdivision 4 to read as follows:
    40    4.  Notwithstanding  any  law to the contrary, all monies recovered or
    41  obtained under this article by a  state  agency  or  state  official  or
    42  employee  acting in their official capacity shall be subject to subdivi-
    43  sion eleven of section four of the state finance law.
    44    § 8. Severability. If any provision of this act shall for  any  reason
    45  be  finally adjudged by any court of competent jurisdiction to be inval-
    46  id, such judgment shall not affect, impair, or invalidate the  remainder
    47  of  this  act,  but  shall be confined in its operation to the provision
    48  directly involved in the controversy in which such judgment  shall  have
    49  been rendered. It is hereby declared to be the intent of the legislature
    50  that this act would have been enacted even if such invalid provision had

    51  not been included in this act. Provided further that if a court of final
    52  competent jurisdiction adjudges that the application of any provision of
    53  this act to a judgment, stipulation, decree, agreement to settle, assur-
    54  ance  of discontinuance, or other legal instrument executed prior to the
    55  effective date of this act is invalid, such provision shall  be  applied
    56  to  a  judgment,  stipulation, decree, agreement to settle, assurance of

        S. 6355--D                         110                        A. 8555--D
 
     1  discontinuance, or other legal instrument executed after  the  effective
     2  date of this act.
     3    § 9. This act shall take effect immediately.
     4    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     5  sion,  section  or  part  of  this act shall be adjudged by any court of

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