A09706 Summary:

BILL NOA09706C
 
SAME ASSAME AS UNI. S06606-B
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Implements the Public Protection and General Government Budget; relates to merging the crime victims board, the division of probation and correctional alternatives and the office for the prevention of domestic violence into the division of criminal justice services; repeals certain provisions of the executive law and the judiciary law relating thereto (Part A); relates to the office of victim services; repeals certain provisions of the executive law relating thereto (Part A-1); relates to comprehensive emergency management planning and certain fire service related activities; relates to grants and reimbursements to municipalities for certain emergency management and fire service related costs; relates to the New York state interoperable and emergency communication board; relates to grants for public safety communications systems and infrastructure; relates to approval of electrical devices; relates to state fire administration; relates to reports on fire insurance policies; relates to vehicle operation by certain state officials; relates to peace officers; repeals certain provisions of the executive law and the county law relating thereto (Part B); relates to terms of probation; relates to warrants and modification and extension thereof, waiver of extradition, conditions and probation, and reimbursement (Part D); relates to the office of indigent legal services and the indigent legal services fund (Part E); relates to fees collected in relation to the fee for the filing of the first paper in an action or proceeding; relates to the index fee for an action to foreclose (Part K); relates to improving the process for the merging of town and village courts (Part L); relates to certain bonds authorized to be issued or purchased by the municipal bond bank agency and to certain financing agreements authorized to be executed in connection therewith (Part N); relates to abolishing the state employment relations board and shifting responsibilities to the public employment relations board; repeals certain provisions of the labor law relating thereto (Part O); repeals section 163-c of the state finance law relating to imposition of a centralized procurement contract fee (Part P); collects surplus funds from workers' compensation insurance carriers; prevents such surpluses from recurring (Part Q); relates to providing the workers' compensation board with the powers needed to protect injured workers' benefits (Part R); establishes a joint appointing authority for the state financial system project (Part S); allows the New York state employee health insurance plan to have the option to be self insured; relates to the health benefit plan for employees (Part T); relates to reimbursement for medicare premium charges (Part U); relates to merging the state office of real property services and the state board of real property services into the department of taxation and finance; repeals certain provisions of the real property tax law and the tax law relating thereto (Part W); relates to updates of assessments and data relating to real estate transfers (Part X); relates to restructuring the current aid program to encourage full value reassessments (Part Y); relates to aid and incentives for municipalities; relates to the obligation of the city of New York to fund its administration (Part Z); relates to a program of aid to municipalities in which a video lottery gaming facility is located (Part AA); relates to the sharing of the duties of weights and measures between municipalities; relates to residency requirements of fire districts and fire companies; relates to entering into contracts for tax collection (Part EE); relates to procurements by local governments, the state, libraries and library systems; provides for the repeal of certain provisions upon expiration thereof (Part FF); provides for the administration of certain funds and accounts related to the 2010-2011 budget; authorizes certain payments and transfers; relates to certain monetary transfers, in relation to transfer of funds; relates to housing program bonds and notes; relates to the school tax relief fund; relates to the expiration of certain provisions thereof; relates to notes and bonds of the environmental facilities corporation; relates to the general debt service fund; relates to mental health service facilities financing; relates to the sale of state bonds; relates to the sale of housing bonds and urban renewal bonds; relates to federal interest subsidy payments; relates to cultural education facilities; relates to library construction; relates to voting of directors of the local government assistance corporation; relates to certificates of participation; provides for the administration of certain funds and accounts related to the 2005-2006 budget; provides for the administration of certain funds and accounts related to the 2002-2003 budget; provides for the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to state-supported debt; repeals certain provisions upon the expiration thereof (Part JJ); relates to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument, in relation to the use of such monies (Part KK); relates to certificates of relief from disabilities and certificates of good conduct (Part LL); relates to the reuse plan for proposed prison closures (Part MM); relates to autopsy and toxicological reports (Part NN); prohibits persons holding licenses or special licenses to sell an alcoholic beverage at retail for consumption on certain premises from hiring certain persons convicted of a felony; relates to the posting of a person's information on the department of corrections' website; relates to providing certain inmates with copies of criminal history information; relates to providing inmates and parolees access to pre-sentence reports that had been prepared for sentencing; relates to establishing that no fee shall be charged for certain requests for birth certificates; relates to certificates of relief from disabilities issued by the board of parole; relates to informing former inmates about voting rights (Part OO); relates to a variation from generally accepted accounting principles (Part PP); extends the expiration of payments to members of the assembly serving in a special capacity; relates to the operation and administration of the legislature, in relation to extending such provisions (Part QQ).
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A09706 Actions:

BILL NOA09706C
 
01/19/2010referred to ways and means
02/17/2010amend and recommit to ways and means
02/17/2010print number 9706a
03/24/2010amend and recommit to ways and means
03/24/2010print number 9706b
06/18/2010amend and recommit to ways and means
06/18/2010print number 9706c
06/18/2010reported referred to rules
06/18/2010reported
06/18/2010rules report cal.227
06/18/2010ordered to third reading rules cal.227
06/18/2010message of necessity - 3 day message
06/18/2010passed assembly
06/18/2010delivered to senate
06/18/2010REFERRED TO FINANCE
06/21/2010SUBSTITUTED FOR S6606B
06/21/20103RD READING CAL.1063
06/21/2010PASSED SENATE
06/21/2010RETURNED TO ASSEMBLY
06/21/2010delivered to governor
06/22/2010signed chap.56
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A09706 Floor Votes:

DATE:06/18/2010Assembly Vote  YEA/NAY: 82/47
Yes
Abbate
Yes
Carrozza
Yes
Gabryszak
No
Kolb
No
Murray
No
Saladino
Yes
Alessi
No
Castelli
Yes
Galef
No
Koon
EL
Nolan
No
Sayward
No
Alfano
ER
Castro
EL
Gantt
Yes
Lancman
No
Oaks
ER
Scarborough
No
Amedore
ER
Christensen
Yes
Gianaris
Yes
Latimer
Yes
O'Donnell
Yes
Schimel
Yes
Arroyo
Yes
Clark
Yes
Gibson
Yes
Lavine
No
O'Mara
Yes
Schimminger
Yes
Aubry
Yes
Colton
No
Giglio
Yes
Lentol
Yes
Ortiz
No
Schroeder
No
Bacalles
No
Conte
Yes
Glick
Yes
Lifton
No
Parment
ER
Scozzafava
No
Ball
ER
Cook
Yes
Gordon
No
Lopez PD
Yes
Paulin
No
Skartados
No
Barclay
No
Corwin
Yes
Gottfried
ER
Lopez VJ
Yes
Peoples
Yes
Spano
No
Barra
Yes
Crespo
No
Gunther
Yes
Lupardo
Yes
Perry
Yes
Stirpe
ER
Barron
No
Crouch
No
Hawley
No
Magee
Yes
Pheffer
Yes
Sweeney
Yes
Benedetto
Yes
Cusick
No
Hayes
Yes
Magnarelli
Yes
Powell
No
Tedisco
Yes
Benjamin
Yes
Cymbrowitz
Yes
Heastie
Yes
Maisel
Yes
Pretlow
Yes
Thiele
Yes
Bing
Yes
DelMonte
Yes
Hevesi
Yes
Markey
No
Quinn
Yes
Titone
Yes
Boyland
Yes
DenDekker
ER
Hikind
Yes
Mayersohn
No
Rabbitt
Yes
Titus
No
Boyle
Yes
Destito
Yes
Hooper
No
McDonough
No
Raia
No
Tobacco
Yes
Brennan
ER
Dinowitz
Yes
Hoyt
Yes
McEneny
Yes
Ramos
Yes
Towns
ER
Brodsky
No
Duprey
Yes
Hyer Spencer
No
McKevitt
No
Reilich
No
Townsend
Yes
Brook Krasny
Yes
Englebright
ER
Jacobs
Yes
Meng
Yes
Reilly
Yes
Weinstein
No
Burling
ER
Errigo
Yes
Jaffee
No
Miller JM
Yes
Rivera J
ER
Weisenberg
No
Butler
ER
Espaillat
ER
Jeffries
Yes
Miller MG
Yes
Rivera N
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Millman
Yes
Rivera PM
Yes
Wright
No
Calhoun
No
Fields
No
Jordan
No
Molinaro
ER
Robinson
Yes
Zebrowski
ER
Camara
No
Finch
Yes
Kavanagh
No
Montesano
Yes
Rosenthal
Yes
Mr. Speaker
Yes
Canestrari
No
Fitzpatrick
Yes
Kellner
EL
Morelle
Yes
Russell

‡ Indicates voting via videoconference
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A09706 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6606--B                                            A. 9706--C
 
                SENATE - ASSEMBLY
 
                                    January 19, 2010
                                       ___________
 
        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
 
        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
 
        AN ACT to amend the executive law, the  vehicle  and  traffic  law,  the
          public  health  law,  the  social services law, the criminal procedure
          law, the family court act, the public officers law, the penal law, the
          correction law, the environmental conservation law, the parks,  recre-
          ation  and  historic  preservation  law and the mental hygiene law, in
          relation to merging the crime victims board, the division of probation
          and correctional alternatives and the office  for  the  prevention  of
          domestic  violence into the division of criminal justice services; and
          to repeal certain provisions of the executive law  and  the  judiciary
          law  relating thereto (Part A); to amend the executive law, the public
          officers law, the family court act, the social services law, the crim-
          inal procedure law, the state finance law, the public health law,  the
          general  municipal  law, the penal law, the correction law, the surro-
          gate's court procedure act, the court of claims act, the  civil  prac-
          tice  law  and rules, the real property tax law and the administrative
          code of the city of New York, in relation  to  the  office  of  victim
          services; and to repeal certain provisions of the executive law relat-
          ing  thereto  (Part  A-1);  to amend the executive law, in relation to
          comprehensive emergency management planning and certain  fire  service
          related  activities;  to  amend  the state finance law, in relation to
          grants and reimbursements  to  municipalities  for  certain  emergency
          management and fire service related costs; to amend the county law, in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12670-07-0

        S. 6606--B                          2                         A. 9706--C
 
          relation  to  the  New York state interoperable and emergency communi-
          cation board; to amend the tax law, in relation to grants  for  public
          safety communications systems and infrastructure; to amend the general
          business  law, in relation to approval of electrical devices; to amend
          the general municipal law, in relation to state  fire  administration;
          to  amend  the insurance law, in relation to reports on fire insurance
          policies; to amend the vehicle and traffic law, in relation to vehicle
          operation by certain state officials; to amend the criminal  procedure
          law,  in  relation to peace officers; and to repeal certain provisions
          of the executive law and the county law  relating  thereto  (Part  B);
          intentionally  omitted  (Part  C); to amend the criminal procedure law
          and the penal law, in relation to terms of  probation;  to  amend  the
          penal law and the executive law, in relation to warrants and modifica-
          tion  and  extension  thereof,  waiver  of extradition, conditions and
          probation, and reimbursement (Part D); to amend the executive law, the
          state finance law and the county law, in relation  to  the  office  of
          indigent legal services and the indigent legal services fund (Part E);
          intentionally omitted (Part F); intentionally omitted (Part G); inten-
          tionally  omitted  (Part  H);  intentionally  omitted (Part I); inten-
          tionally omitted (Part J); to amend the uniform  district  court  act,
          the  uniform  city  court  act, the New York city civil court act, the
          judiciary law and section 14 of part J of chapter 62 of  the  laws  of
          2003,  amending  the  county  law  and  other  laws  relating  to fees
          collected, in relation to the fee for the filing of the first paper in
          an action or proceeding; and to  amend  the  civil  practice  law  and
          rules,  in  relation to the index fee for an action to foreclose (Part
          K); to amend the uniform justice court act, in relation  to  improving
          the  process  for  the  merging  of  town and village courts (Part L);
          intentionally omitted (Part M); to amend the public  authorities  law,
          in  relation  to certain bonds authorized to be issued or purchased by
          the municipal bond bank agency and  to  certain  financing  agreements
          authorized  to  be executed in connection therewith (Part N); to amend
          the civil service law,  the  labor  law  and  the  executive  law,  in
          relation  to abolishing the state employment relations board and shift
          responsibilities to the public  employment  relations  board;  and  to
          repeal  certain provisions of the labor law relating thereto (Part O);
          to repeal section 163-c of the state finance law, relating to  imposi-
          tion  of  a  centralized procurement contract fee (Part P); to collect
          surplus funds from workers' compensation  insurance  carriers  and  to
          prevent  such surpluses from recurring (Part Q); to amend the workers'
          compensation law and the insurance law, in relation to  providing  the
          workers'  compensation board with the powers needed to protect injured
          workers' benefits (Part R); to establish a joint appointing  authority
          for  the  state  financial system project (Part S); to amend the civil
          service law, the state finance law and the insurance law, in  relation
          to  allowing the New York state employee health insurance plan to have
          the option to be self insured; and to amend the parks, recreation  and
          historic  preservation law, in relation to the health benefit plan for
          employees (Part T); to amend the civil service  law,  in  relation  to
          reimbursement  for  medicare  premium  charges (Part U); intentionally
          omitted (Part V); to amend the executive law, the  real  property  tax
          law,  and the tax law, in relation to merging the state office of real
          property services and the state board of real property  services  into
          the  department  of  taxation  and  finance;  and  to  repeal  certain
          provisions of the real property tax law and the tax law relating ther-
          eto (Part W); to amend the real property tax law,  the  real  property

        S. 6606--B                          3                         A. 9706--C
 
          law  and  the  tax  law,  in relation to updates of assessments and in
          relation to data relating to real estate transfers (Part X); to  amend
          the  real  property  tax law, in relation to restructuring the current
          aid  program  to encourage full value reassessments (Part Y); to amend
          the state finance law, in relation to aid and incentives  for  munici-
          palities; and to amend the emergency protection act of nineteen seven-
          ty-four, in relation to the obligation of the city of New York to fund
          its  administration  (Part  Z);  to  amend  the  state finance law, in
          relation to a program of  aid  to  municipalities  in  which  a  video
          lottery  gaming  facility  is located (Part AA); intentionally omitted
          (Part BB); intentionally  omitted  (Part  CC);  intentionally  omitted
          (Part  DD);  to  amend  the agriculture and markets law and the county
          law, in relation to the sharing of the duties of weights and  measures
          between municipalities; to amend the town law, in relation to residen-
          cy requirements of fire districts and fire companies; and to amend the
          real  property tax law, in relation to entering into contracts for tax
          collection (Part EE); to amend the general municipal  law,  the  state
          finance  law and the public buildings law, in relation to procurements
          by local governments, the state, libraries and  library  systems;  and
          providing for the repeal of certain provisions upon expiration thereof
          (Part  FF);  intentionally  omitted  (Part  GG); intentionally omitted
          (Part HH); intentionally omitted (Part II); to provide for the  admin-
          istration of certain funds and accounts related to the 2010-2011 budg-
          et;  to  authorize certain payments and transfers; to amend chapter 59
          of the laws  of  2008  relating  to  certain  monetary  transfers,  in
          relation  to  transfer  of funds; to amend the private housing finance
          law, in relation to housing program bonds  and  notes;  to  amend  the
          state finance law, in relation to the school tax relief fund; to amend
          the  state  finance  law,  in  relation  to  the expiration of certain
          provisions thereof; to amend the state finance  law,  in  relation  to
          notes  and bonds of the environmental facilities corporation; to amend
          the state finance law, in relation to the general debt  service  fund;
          to  amend  the state finance law, in relation to mental health service
          facilities financing; to amend the state finance law, in  relation  to
          the  sale  of state bonds; to amend the state finance law, in relation
          to the sale of housing bonds and urban renewal  bonds;  to  amend  the
          state  finance  law, in relation to federal interest subsidy payments;
          to amend the public authorities law, in relation to cultural education
          facilities; to amend  the  public  authorities  law,  in  relation  to
          library construction; to amend the public authorities law, in relation
          to voting of directors of the local government assistance corporation;
          to amend the state finance law, in relation to certificates of partic-
          ipation;  to  amend  chapter 61 of the laws of 2005, providing for the
          administration of certain funds and accounts related to the  2005-2006
          budget,  chapter  81  of  the laws of 2002, providing for the adminis-
          tration of certain funds and accounts related to the 2002-2003 budget,
          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 state-supported debt;  and  providing
          for the repeal of certain provisions upon the expiration thereof (Part
          JJ);  to amend chapter 503 of the laws of 2009, relating to the dispo-
          sition of monies recovered by county  district  attorneys  before  the
          filing  of  an  accusatory  instrument, in relation to the use of such
          monies (Part KK); to amend the executive law, the  alcoholic  beverage
          control  law,  the  agriculture  and markets law, the banking law, the
          civil rights law, the education law, the town law, the  general  busi-

        S. 6606--B                          4                         A. 9706--C
 
          ness  law,  the  general  municipal law, the insurance law, the public
          health law, the real property law, the tax law, and  the  vehicle  and
          traffic  law,  in relation to certificates of relief from disabilities
          and  certificates  of  good conduct (Part LL); to amend the correction
          law, in relation to the reuse plan for proposed prison closures  (Part
          MM); to amend the county law, in relation to autopsy and toxicological
          reports  (Part  NN);  to  amend the alcoholic beverage control law, in
          relation to prohibiting persons holding licenses or  special  licenses
          to  sell  an  alcoholic  beverage at retail for consumption on certain
          premises from hiring certain persons convicted of a felony;  to  amend
          the  correction law, in relation to the posting of a person's informa-
          tion on the department of corrections' website; to amend the executive
          law, in relation to providing certain inmates with copies of  criminal
          history  information; to amend the criminal procedure law, in relation
          to providing inmates and parolees access to pre-sentence reports  that
          had  been  prepared for sentencing; to amend the public health law, in
          relation to establishing no fee shall be charged for certain  requests
          for  birth  certificates;  to amend the correction law, in relation to
          certificates of relief  from  disabilities  issued  by  the  board  of
          parole; and to amend the election law, in relation to informing former
          inmates  about  voting  rights  (Part OO); to amend the New York state
          financial emergency act for the city of New York,  in  relation  to  a
          variation from generally accepted accounting principles (Part PP); and
          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 adminis-
          tration of the legislature, in relation to extending  such  provisions
          (Part QQ)

          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 2010-2011
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through QQ. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of this act", when used in connection with that  particular  component,
     9  shall  be  deemed  to mean and refer to the corresponding section of the
    10  Part in which it is found. Section three of  this  act  sets  forth  the
    11  general effective date of this act.

    12                                   PART A
 
    13    Section  1.    Section 240 of the executive law, as amended by chapter
    14  134 of the laws of 1985, is amended to read as follows:
    15    § 240. [Division] Office of probation and correctional  alternatives[;
    16  director].    1. There shall be in the [executive department a division]
    17  division of criminal justice services an office of probation and correc-
    18  tional alternatives, hereinafter referred to in  this  article  as  "the
    19  office".   The head of the [division] office shall be the [state] direc-
    20  tor of probation and correctional alternatives, who shall  be  appointed

        S. 6606--B                          5                         A. 9706--C

     1  by  the  [governor by and with the advice and consent of the senate, and
     2  hold office at the pleasure of the governor by whom he was appointed and
     3  until his  successor  is  appointed  and  has  qualified]  commissioner,
     4  subject to the approval of the governor.
     5    2.  The  [state]  director [of probation and correctional alternatives
     6  shall have  sole  charge  of  the  administration  of  the  division  of
     7  probation  and correctional alternatives] shall serve as special advisor
     8  to the governor regarding matters pertaining to probation  and  alterna-
     9  tives  to  incarceration.  The  director shall, in consultation with the
    10  commissioner, coordinate and make recommendations relating to  the  type
    11  and  nature  of  alternative  to incarceration programs needed to reduce
    12  incarceration where the purpose of such incarceration can be  adequately
    13  served  by  alternative  programs  and  shall  work with local probation
    14  departments and  the  commissioner  to  enhance  and  develop  probation
    15  services and alternative to incarceration programs throughout the state.
    16    3. [The principal office of the division of probation and correctional
    17  alternatives  shall  be  in  the  county of Albany] The commissioner, in
    18  consultation with the director, shall appoint  staff  and  perform  such
    19  other  functions  to ensure the efficient operation of the office within
    20  the amounts made available therefor by appropriation.
    21    4. As used in this article, the term "director" shall mean the [state]
    22  director of the  office  of  probation  and  correctional  alternatives,
    23  "office"  shall  mean  the office of probation and correctional alterna-
    24  tives, "commissioner" shall mean the commissioner  of  the  division  of
    25  criminal  justice  services  and  "division"  shall mean the division of
    26  criminal justice services.
    27    § 2. Section 241 of the executive law is REPEALED.
    28    § 3.  Section 836 of the executive law is  amended  by  adding  a  new
    29  subdivision 7 to read as follows:
    30    7.  The  functions,  powers  and  duties  of  the  former  division of
    31  probation and correctional alternatives as established in article twelve
    32  of this chapter shall now be considered a function of  the  division  of
    33  criminal justice services.
    34    §  4.    Transfer of employees. Notwithstanding any other provision of
    35  law, rule, or regulation to the contrary, upon the transfer of functions
    36  from the division of probation  and  correctional  alternatives  to  the
    37  division  of  criminal  justice  services  pursuant  to subdivision 7 of
    38  section 836 of the executive law, as added by section three of this act,
    39  all employees of the division of probation and correctional alternatives
    40  shall be transferred to  the  division  of  criminal  justice  services.
    41  Employees  transferred  pursuant  to  this  section shall be transferred
    42  without further examination or  qualification  and  shall  retain  their
    43  respective civil service classifications, status and collective bargain-
    44  ing unit designations and collective bargaining agreements.
    45    § 5. Transfer of records. All books, papers, and property of the divi-
    46  sion  of  probation  and correctional alternatives shall be delivered to
    47  the commissioner of the  division  of  criminal  justice  services.  All
    48  books, papers, and property of the division of probation and correction-
    49  al alternatives shall continue to be maintained by the division of crim-
    50  inal justice services.
    51    §  6.  Continuity  of  authority. For the purpose of succession of all
    52  functions, powers, duties and obligations transferred and  assigned  to,
    53  devolved  upon  and  assumed by it pursuant to this act, the division of
    54  criminal justice services shall be deemed and  held  to  constitute  the
    55  continuation of the division of probation and correctional alternatives.

        S. 6606--B                          6                         A. 9706--C
 
     1    §  7.  Completion of unfinished business. Any business or other matter
     2  undertaken or commenced by the division of  probation  and  correctional
     3  alternatives or the director thereof pertaining to or connected with the
     4  functions,   powers,  obligations  and  duties  hereby  transferred  and
     5  assigned to the division of criminal justice services and pending on the
     6  effective  date of this act, may be conducted and completed by the divi-
     7  sion of criminal justice services in the same manner and under the  same
     8  terms  and  conditions  and  with  the  same  effect as if conducted and
     9  completed by the division of probation and correctional alternatives.
    10    § 8. Continuation of rules and regulations.  All  rules,  regulations,
    11  acts, orders, determinations, and decisions of the division of probation
    12  and  correctional  alternatives  pertaining  to the functions and powers
    13  herein transferred and assigned, in force at the time of  such  transfer
    14  and  assumption, shall continue in full force and effect as rules, regu-
    15  lations, acts, orders, determinations and decisions of the  division  of
    16  criminal  justice  services  until  duly  modified  or  abrogated by the
    17  commissioner of the division of criminal justice services.
    18    § 9. Terms occurring in laws, contracts and other documents.  Whenever
    19  the division of probation and correctional alternatives or the  director
    20  thereof,  is  referred to or designated in any law, contract or document
    21  pertaining to the  functions,  powers,  obligations  and  duties  hereby
    22  transferred to and assigned to the division of criminal justice services
    23  or  the  commissioner of the division of criminal justice services, such
    24  reference or designation shall be deemed to refer  to  the  division  of
    25  criminal  justice  services  or commissioner of the division of criminal
    26  justice services, as applicable.
    27    § 10. Existing rights and remedies preserved.  No  existing  right  or
    28  remedy  of  any  character  shall  be  lost, impaired or affected by any
    29  provisions of this act.
    30    § 11. Pending actions and proceedings. No action or proceeding pending
    31  at the time when this act shall take effect, brought by or  against  the
    32  division  of  probation  and  correctional  alternatives or the director
    33  thereof, shall be affected by any provision of this act,  but  the  same
    34  may  be  prosecuted  or  defended in the name of the commissioner of the
    35  division of criminal  justice  services  or  the  division  of  criminal
    36  justice  services. In all such actions and proceedings, the commissioner
    37  of the division of criminal justice services, upon  application  of  the
    38  court, shall be substituted as a party.
    39    §  12.  Transfer of appropriations heretofore made. All appropriations
    40  or reappropriations heretofore made to the  division  of  probation  and
    41  correctional alternatives to the extent of remaining unexpended or unen-
    42  cumbered  balance  thereof, whether allocated or unallocated and whether
    43  obligated or unobligated, are hereby transferred to and  made  available
    44  for  use  and  expenditure  by the division of criminal justice services
    45  subject to the approval of the director  of  the  budget  for  the  same
    46  purposes  for  which originally appropriated or reappropriated and shall
    47  be payable on vouchers certified or approved by the commissioner of  the
    48  division  of criminal justice services on audit and warrant of the comp-
    49  troller.
    50    § 13. Transfer of assets and liabilities. All assets  and  liabilities
    51  of  the  division  of probation and correctional alternatives are hereby
    52  transferred to and assumed by the division of criminal justice services.
    53    § 14. Subdivision 1 of section 221-a of the executive law, as  amended
    54  by chapter 107 of the laws of 2004, is amended to read as follows:
    55    1.  The  superintendent, in consultation with the division of criminal
    56  justice services, office of court administration, the [division]  office

        S. 6606--B                          7                         A. 9706--C
 
     1  of probation and correctional alternatives[,] and the [state] office for
     2  the  prevention of domestic violence [and the division for women], shall
     3  develop a comprehensive plan for the establishment and maintenance of  a
     4  statewide  computerized  registry  of  all  orders  of protection issued
     5  pursuant to articles four, five, six and eight of the family court  act,
     6  section  530.12  of  the  criminal  procedure  law  and, insofar as they
     7  involve victims of domestic violence as defined by section four  hundred
     8  fifty-nine-a  of the social services law, section 530.13 of the criminal
     9  procedure law and sections two hundred forty and two  hundred  fifty-two
    10  of the domestic relations law, and orders of protection issued by courts
    11  of competent jurisdiction in another state, territorial or tribal juris-
    12  diction,  special  orders  of conditions issued pursuant to subparagraph
    13  (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
    14  criminal procedure law insofar as they involve a victim  or  victims  of
    15  domestic  violence as defined by subdivision one of section four hundred
    16  fifty-nine-a of the social services  law  or  a  designated  witness  or
    17  witnesses to such domestic violence, and all warrants issued pursuant to
    18  sections  one  hundred fifty-three and eight hundred twenty-seven of the
    19  family court act, and arrest and bench warrants as defined  in  subdivi-
    20  sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
    21  nal  procedure  law,  insofar  as  such  warrants  pertain  to orders of
    22  protection or temporary orders of protection;  provided,  however,  that
    23  warrants issued pursuant to section one hundred fifty-three of the fami-
    24  ly court act pertaining to articles three, seven and ten of such act and
    25  section  530.13  of  the criminal procedure law shall not be included in
    26  the registry. The  superintendent  shall  establish  and  maintain  such
    27  registry  for  the  purposes  of ascertaining the existence of orders of
    28  protection, temporary orders of protection, warrants and special  orders
    29  of  conditions,  and  for  enforcing  the provisions of paragraph (b) of
    30  subdivision four of section 140.10 of the criminal procedure law.
    31    § 15. The article heading of article  12  of  the  executive  law,  as
    32  amended  by  chapter  134  of  the  laws  of 1985, is amended to read as
    33  follows:
    34                [DIVISION] OFFICE OF PROBATION AND CORRECTIONAL
    35                                ALTERNATIVES
    36    § 16. Subdivision 2 of section 242 of the executive law, as amended by
    37  chapter 134 of the laws of 1985, is amended to read as follows:
    38    2. The present members of the  state  probation  commission  who  were
    39  appointed  to  such  commission  by  the  governor shall continue as the
    40  members of said commission appointed pursuant to paragraph (a) of subdi-
    41  vision one of this section at the pleasure of the  governor,  and  until
    42  their successors are appointed and have qualified. The director shall be
    43  chairman of the commission. No member of said probation commission shall
    44  receive  any  compensation  for  his or her services as a member of such
    45  commission, but the members shall be entitled to their actual  necessary
    46  expenses  incurred  in  the  performance of their duties. The [director]
    47  commissioner may from time to time assign an employee of the division to
    48  act as secretary to said probation commission. The duties of the members
    49  of said probation commission shall be to attend  the  meetings  of  such
    50  probation commission, at the time fixed by said commission, or called by
    51  the chairman of said commission, and to consider all matters relating to
    52  probation  in  the  state,  within  the jurisdiction of the [division of
    53  probation and correctional  alternatives]  office,  and  to  advise  and
    54  consult with the director in regard thereto.
    55    §  17.    Subdivisions 1 and 2, paragraph (a) of subdivision 3 and the
    56  opening paragraph of subdivision 4 of section 243 of the executive  law,

        S. 6606--B                          8                         A. 9706--C
 
     1  subdivision 1 as amended by chapter 134 of the laws of 1985, subdivision
     2  2 as amended by chapter 574 of the laws of 1985, paragraph (a) of subdi-
     3  vision  3  as  added  by chapter 609 of the laws of 1997 and the opening
     4  paragraph  of subdivision 4 as added by chapter 568 of the laws of 2008,
     5  are amended to read as follows:
     6    1. The [director] office shall exercise general supervision  over  the
     7  administration  of  probation  services  throughout the state, including
     8  probation in family courts  and  shall  collect  statistical  and  other
     9  information  and  make  recommendations  regarding the administration of
    10  probation services in the courts. [He]  The  office  shall  endeavor  to
    11  secure  the  effective  application  of  the  probation  system  and the
    12  enforcement of the probation laws and the laws relating to family courts
    13  throughout the  state.  After  consultation  with  the  state  probation
    14  commission,  [he] the office shall [adopt] recommend to the commissioner
    15  general rules which shall regulate methods and procedure in the adminis-
    16  tration of probation services,  including  investigation  of  defendants
    17  prior to sentence, and children prior to adjudication, supervision, case
    18  work,  record  keeping, and accounting, program planning and research so
    19  as to secure the most effective application of the probation system  and
    20  the  most  efficient  enforcement  of  the probation laws throughout the
    21  state. Such  rules  shall  provide  that  the  probation  investigations
    22  ordered  by  the  court in designated felony act cases under subdivision
    23  one of section 351.1 of the family court act shall  have  priority  over
    24  other  cases  arising under articles three and seven of such act. [Such]
    25  When duly adopted by the commissioner, such rules shall be binding  upon
    26  all  probation  officers  and when duly adopted shall have the force and
    27  effect of law, but shall not supersede rules that may be adopted  pursu-
    28  ant  to  the  family  court  act.   [He] The office shall keep [himself]
    29  informed as to the work of all probation officers and shall from time to
    30  time inquire into and report upon their conduct and efficiency. [He] The
    31  office may investigate the work of any  probation  bureau  or  probation
    32  officer and shall have access to all records and probation offices. [He]
    33  The  office may issue subpoenas to compel the attendance of witnesses or
    34  the production of books and papers. [He] The office may administer oaths
    35  and examine persons under oath. [He] The office  may  recommend  to  the
    36  appropriate  authorities the removal of any probation officer. [He shall
    37  transmit to the governor not later than February first of each  year  an
    38  annual  report of the work of the division of probation and correctional
    39  alternatives for the preceding calendar year, which shall  include  such
    40  information relative to the administration of probation and correctional
    41  alternatives  throughout the state as may be appropriate. He] The office
    42  may from time to time  publish  reports  regarding  probation  including
    43  probation  in  family  courts, and the operation of the probation system
    44  including probation in family courts and any other information regarding
    45  probation as [he] the office may  determine  provided  expenditures  for
    46  such purpose are within amounts appropriated therefor.
    47    2.  The  [director] office shall exercise general supervision over the
    48  utilization of correctional alternative programs throughout  the  state.
    49  [He] The office shall collect statistical and other information and make
    50  recommendations regarding the availability, identification, coordination
    51  and  utilization  of such programs. The [director] office shall endeavor
    52  to facilitate communication and coordination among and  between  correc-
    53  tional alternative programs and probation services in order to assist in
    54  making  effective  use  of  such  programs.  A  correctional alternative
    55  program shall be deemed to refer to those programs,  including  eligible
    56  programs  as  defined  in  paragraph b of subdivision one of section two

        S. 6606--B                          9                         A. 9706--C
 
     1  hundred sixty-one of this chapter, which by themselves, or when used  in
     2  conjunction  with  one  or more programs or with probation services, may
     3  serve as an alternative to a sentence or disposition of incarceration or
     4  a  portion  thereof, and which shall serve the interests of justice. The
     5  [director] office shall further exercise general  supervision  over  the
     6  administration  and  implementation  of  alternatives  to  incarceration
     7  service plans under the provisions of article thirteen-A of  this  chap-
     8  ter. [He] The office shall [adopt] recommend to the commissioner general
     9  rules and regulations which shall regulate methods and procedures in the
    10  administration  and  funding  of  alternative  to  incarceration service
    11  plans, and any other correctional  alternative  program  funded  by  the
    12  state  through  the  division,  including but not limited to issuance of
    13  quarterly reports as specified by section  two  hundred  sixty-three  of
    14  this  chapter.  [Such] When duly adopted by the commissioner, such rules
    15  and regulations shall be binding upon all counties and eligible programs
    16  that may be funded in such plans and when duly adopted  shall  have  the
    17  force  and  effect of law. [He] The office shall keep [himself] informed
    18  as to the development, implementation and utilization of plans and fund-
    19  ed eligible programs therein and shall from time to  time  inquire  into
    20  and  report upon their work and efficiency. [He] The office shall inves-
    21  tigate the work of any funded plan or eligible program  and  shall  have
    22  access to their records and offices for such purpose.
    23    (a)  The  [director] office shall have the authority to certify to the
    24  commissioner [of  the  division  of  criminal  justice  services]  those
    25  correctional  alternative  programs subject to supervision of the [divi-
    26  sion] office and determined to perform a criminal justice  function,  as
    27  defined  in subdivision ten of section eight hundred thirty-five of this
    28  chapter, for the  purpose  of  permitting  access  to  criminal  history
    29  records  for  criminal  justice purposes, subject to the approval of the
    30  commissioner [of the division of criminal justice  services].  Any  such
    31  correctional  alternative  program  may  apply  for certification to the
    32  [division] office in writing, on  forms  prescribed  by  the  [division]
    33  office. Such application shall specify, at a minimum, the following: the
    34  nature  and  scope  of  the  program;  the  necessity for access to such
    35  records related to their criminal justice function; the names of employ-
    36  ees, and their job titles or positions, for whom access is being sought;
    37  and any other information the [division] office deems necessary. Certif-
    38  ication shall  include  the  designation  of  those  employees  of  such
    39  programs  for  whom  access to such records is authorized. No designated
    40  employee shall have access to such records until such person has  satis-
    41  factorily  completed  appropriate training, required by the division [of
    42  criminal justice services].
    43    The [director] office shall [promulgate] recommend to the commissioner
    44  rules and regulations which shall include guidelines and  procedures  on
    45  the  placement  of  sex offenders designated as level two or level three
    46  offenders pursuant to article six-C of the correction  law.  Such  regu-
    47  lations  shall  instruct local probation departments to consider certain
    48  factors when investigating and approving the residence of level  two  or
    49  level  three  sex  offenders  sentenced  to  a period of probation. Such
    50  factors shall include the following:
    51    § 18. Subdivision 1 of section 483-d of the social  services  law,  as
    52  added by chapter 392 of the laws of 2005, is amended to read as follows:
    53    1.  Committee  established.    There  is hereby established within the
    54  council an out-of-state placement committee comprised of the commission-
    55  er of children and family services, the commissioner of  mental  health,
    56  the  commissioner  of mental retardation and developmental disabilities,

        S. 6606--B                         10                         A. 9706--C
 
     1  the commissioner  of  education,  the  commissioner  of  alcoholism  and
     2  substance  abuse  services, the commissioner of health, and the director
     3  of the [division] office of probation and correctional alternatives.
     4    §  19.  Section 244 of the executive law, as amended by chapter 906 of
     5  the laws of 1974, is amended to read as follows:
     6    § 244. Hostels and foster homes. 1. The [director]  office  is  hereby
     7  authorized  to  provide  or  to  pay for care in a hostel or foster home
     8  approved by [him] the office as suitable for such cases for  any  proba-
     9  tioner  or  parolee  under  the  age of twenty-one years when the parole
    10  board or a judge of a court determines that there is no  other  suitable
    11  home  for such probationer or parolee and that such probationer or paro-
    12  lee should be placed in such hostel  or  foster  home.  In  addition  to
    13  payment  for  such care, when ordered by the board or court, the [direc-
    14  tor] office is authorized to provide  or  pay  for  clothing  and  other
    15  necessities,  including  medical and psychiatric treatment, required for
    16  the welfare of such probationer or parolee. The  [director]  office  may
    17  also provide or contract for such care in any suitable facility operated
    18  by a department of correction or by any other public or voluntary social
    19  welfare  agency,  institution  or  organization. A court with respect to
    20  such a probationer and the parole board with respect to such  a  parolee
    21  shall,  subject  to regulation by the [director] division control admis-
    22  sions to and discharges from such hostels and foster homes. When  place-
    23  ment is made in any hostel or foster home, or in any facility other than
    24  a  public institution, such placement whenever practicable shall be in a
    25  hostel, or facility operated by or in the home of a person or persons of
    26  the same religious faith as the probationer or parolee.
    27    2. The [director] office shall have authority and the duty  to  stimu-
    28  late  programs  for  the development of hostels and foster homes for the
    29  care of probationers and parolees under the age of twenty-one years.
    30    § 20. Section 245 of the executive law, as amended by chapter  134  of
    31  the laws of 1985, is amended to read as follows:
    32    § 245. Probation staff training and development. The [division] office
    33  of  probation  and  correctional  alternatives  shall  conduct  training
    34  programs for city, county and state  probation  personnel,  prepare  and
    35  execute programs of information and education to interest persons in the
    36  field  of  probation as a vocation, encourage the development by schools
    37  within the state of courses of study in fields related  to  and  bearing
    38  upon  probation  and  engage  in  other  activities of an educational or
    39  informational nature  designed  to  increase  the  number  of  qualified
    40  probation  personnel and improve the caliber of probation service within
    41  the state.  In order to effectuate the provisions of this  section,  the
    42  [division]  office  of  probation and correctional alternatives shall be
    43  authorized to prepare and disseminate printed materials,  utilize  media
    44  of public information, cooperate with public and private institutions of
    45  learning  and  employ qualified persons as lecturers or consultants on a
    46  fee basis to supplement services to be performed by its personnel  here-
    47  under.  Such  fees  shall be payable out of funds appropriated for these
    48  purposes on the audit and warrant of the comptroller on vouchers  certi-
    49  fied or approved by the [director] office.
    50    § 21. Intentionally omitted.
    51    § 22. Section 247 of the executive law is REPEALED.
    52    § 23. Section 248 of the executive law, as added by chapter 479 of the
    53  laws  of  1970,  the  opening paragraph as amended by chapter 134 of the
    54  laws of 1985, is amended to read as follows:
    55    § 248. Establishment  of  probation  scholarships.  The  [division  of
    56  probation  and  correctional  alternatives]  office,  [under regulations

        S. 6606--B                         11                         A. 9706--C

     1  which it shall prescribe, and] out of moneys appropriated to it for that
     2  purpose, is authorized to grant scholarships for  graduate  training  in
     3  any  course  of study that would be of substantial value in the field of
     4  probation  at  graduate  schools located within the state whose programs
     5  are registered by the regents.
     6    Each such scholarship shall entitle the holder thereof to a sum not to
     7  exceed four thousand dollars annually while in attendance at any of  the
     8  said  schools  for  a period not to exceed two years of graduate profes-
     9  sional study.
    10    Scholarships under this section shall be awarded only to residents  of
    11  the  state of New York who hold a degree of bachelor of arts or bachelor
    12  of science from a college or university, or the equivalent thereof.
    13    The [director] office, after consultation  with  the  state  probation
    14  commission,  shall  [make] recommend to the commissioner rules governing
    15  the award of such scholarships,  the  publication  of  notices  offering
    16  scholarships,  the  issuance  and cancellation of certificates entitling
    17  persons to the benefits thereof, the use of  such  scholarships  by  the
    18  persons  entitled  thereto,  the courses that may be included under such
    19  scholarships, the schools which may be attended under such scholarships,
    20  the rights and duties of scholarship holders and of  the  schools  which
    21  they attend, and providing generally for the carrying into effect of the
    22  provisions  of  this section; and may, by appropriate rule, require that
    23  holders of such scholarships be available for  employment  in  probation
    24  work  in  the  state of New York upon the completion of the training for
    25  which the scholarship is provided. The [director]  office  shall,  after
    26  consultation  with  the  state probation commission, award such scholar-
    27  ships within such established rules, and any scholarship may be  revoked
    28  for cause.
    29    Payments  of money under this section may be made to the holder of the
    30  scholarship or to the school or college attended under the  scholarship,
    31  on behalf of, and for the benefit of, the holder of the scholarship.
    32    Payments of money shall be ordered by the comptroller upon vouchers of
    33  the  [director] office certifying that the person named therein is enti-
    34  tled to receive the sum either directly, or for his or her benefit.
    35    § 24. Subdivision 5 of section 256 of the executive law, as amended by
    36  chapter 134 of the laws of 1985, is amended to read as follows:
    37    5. The director of each probation department, other than a joint coun-
    38  ty department, shall be appointed by the chief executive officer of  the
    39  county.  The  director  of  a joint county probation department shall be
    40  appointed by agreement between the chief executive officers of the coun-
    41  ties participating in such agreement or a majority of them  and  in  the
    42  event  of a deadlock the [state] director of the office of probation and
    43  correctional alternatives shall participate in the making of  the  deci-
    44  sion. Where a county has no chief executive officer, the appointment of,
    45  or  agreement  to appoint, the director shall be made by the chairman of
    46  the board of supervisors or  county  legislatures.  The  director  of  a
    47  probation  department  shall  have  the  power  to appoint all deputies,
    48  supervisors, probation officers and other employees in  such  department
    49  within  appropriations  made available therefor by the board of supervi-
    50  sors or county legislatures. The board of supervisors or county legisla-
    51  tures shall fix the salaries of all personnel in the department and make
    52  the necessary appropriations therefor as well as for the expenses  actu-
    53  ally  and  necessarily  incurred  by  such officers and employees in the
    54  performance of their duties. In the case of a  joint  county  department
    55  the  salaries  of  personnel and the amounts of other expenditures to be
    56  made available for operation of the department shall be set forth in the

        S. 6606--B                         12                         A. 9706--C
 
     1  agreement between the counties, and the boards of supervisors or  county
     2  legislatures  shall  make the appropriations required for the respective
     3  proportionate costs thereof.
     4    §  25. Subdivisions 2, 3 and 4 of section 257 of the executive law, as
     5  amended by chapter 134 of the laws of  1985,  are  amended  to  read  as
     6  follows:
     7    2.  The [state director] office of probation and correctional alterna-
     8  tives may when necessary certify in writing the  need  of  one  or  more
     9  salaried  probation officers to the official body charged with responsi-
    10  bility for appropriating funds for support of government  in  the  poli-
    11  tical  subdivision  of  the  state  wherein  a  probation  department is
    12  located. Such body shall then determine whether such need exists and  if
    13  found  to  exist  it  shall fix the salary of such probation officer and
    14  appropriate the necessary funds, as well as provide  for  the  necessary
    15  expenses of such officer.
    16    3. Each probation officer who collects or has custody of money, before
    17  entering  upon  the  duties  of his or her office, shall execute a bond,
    18  pursuant to the provisions of section eleven of the public officers law,
    19  in a penal sum to be fixed by  the  local  director  of  probation  with
    20  sufficient   sureties  approved  thereby,  conditioned  for  the  honest
    21  accounting for all money received by him or her as such probation  offi-
    22  cer.  In  the  discretion of the local director of probation, a position
    23  scheduled bond covering all such probation officers may be procured  and
    24  executed in lieu of such individual bonds. The accounts of all probation
    25  officers  shall  be  subject  to  audit at any time by the proper fiscal
    26  authorities and the [division]  office  of  probation  and  correctional
    27  alternatives.
    28    4.  It shall be the duty of every probation officer to furnish to each
    29  of his or her probationers a statement of the conditions  of  probation,
    30  and  to  instruct  him  or  her  with  regard  thereto; to keep informed
    31  concerning his or her conduct, habits,  associates,  employment,  recre-
    32  ation  and  whereabouts;  to  contact  him  or her at least once a month
    33  pursuant to rules promulgated by the [state director  of  probation  and
    34  correctional  alternatives]  commissioner  of  the  division of criminal
    35  justice services; to aid and encourage him or her by friendly advice and
    36  admonition; and by such other measures as  may  seem  most  suitable  to
    37  bring  about  improvement  in  his or her conduct, condition and general
    38  attitude toward society. Probation officers shall report to the head  of
    39  the  probation  bureau or department who shall in turn report in writing
    40  to the court and the [state director] office of  probation  and  correc-
    41  tional  alternatives  at  least  monthly  or where there is no bureau or
    42  department, directly to the court and the  [state  director]  office  of
    43  probation  and  correctional  alternatives  concerning  the  conduct and
    44  condition of probationers; keep records of their work as probation offi-
    45  cers; keep accurate and complete accounts of all  money  collected  from
    46  probationers;  give receipts therefor and make prompt returns thereof at
    47  least monthly; aid in securing employment; perform such other duties  in
    48  connection  with such probationer as the court may direct or as required
    49  by the general rules adopted pursuant to section two hundred forty-three
    50  of this chapter; and make such reports to the [state division] office of
    51  probation and correctional alternatives as it may require.
    52    § 26. Subdivision 6 of section 257-c of the executive law is REPEALED.
    53    § 27. Paragraphs a, b, e and i of subdivision 1 of section 261 of  the
    54  executive  law,  paragraphs  a, e and i as amended by chapter 338 of the
    55  laws of 1989 and paragraph b as amended by chapter 461 of  the  laws  of
    56  1990, are amended to read as follows:

        S. 6606--B                         13                         A. 9706--C

     1    a.  "Service  plan" or "plan" means a county plan designed to identify
     2  and provide eligible programs as determined by either an advisory  board
     3  established pursuant to this article, or by an existing criminal justice
     4  coordinating  council, provided, however, the membership of such council
     5  includes  a  majority  of  those persons set forth in subdivision two of
     6  this section, provided that one person shall be the chief administrative
     7  officer. The following factors considered, utilized and incorporated  in
     8  the plan shall include but not be limited to:
     9    (i) an analysis of the jail population to assist in determining incar-
    10  ceration  practices  and  trends,  including,  if submitting an approved
    11  amendment pursuant to section two hundred sixty-six of this article,  an
    12  analysis  of  the  relationship between alcohol, drugs and crime and the
    13  effects of alcohol and substance abuse on  the  local  criminal  justice
    14  system  and  jail,  probation  and  alternatives  to incarceration popu-
    15  lations, consistent with planning guidelines established by  the  [divi-
    16  sion]  office;  the  types and nature of alternative programming needed,
    17  and appropriate eligibility requirements;
    18    (ii) an analysis of recent overcrowding problems and measures taken by
    19  the county to relieve them;
    20    (iii) a summary  of  existing  alternatives  programs  and/or  related
    21  services and previous efforts made by the county to develop alternatives
    22  to  incarceration and if an approved amendment is submitted, pursuant to
    23  section two hundred sixty-six of this article,  a  summary  of  existing
    24  alcohol and substance abuse programs;
    25    (iv) a comprehensive plan for the development of alternatives programs
    26  that addresses the specific needs identified in subparagraph (i) of this
    27  paragraph  and  furthers  the  county's  long-range goals in the area of
    28  alternatives to incarceration;
    29    (v) specific proposals for the use of state aid available  under  this
    30  chapter,  including a description of services to be provided, character-
    31  istics of the target populations, steps to be taken to identify eligible
    32  participants, the goals and objectives to be  accomplished  through  the
    33  proposals;
    34    (vi)  a  detailed  time frame for the implementation and evaluation of
    35  the specific proposals described in subparagraph (v) of this paragraph;
    36    (vii) a summary of those criteria by which the [division]  office  and
    37  the  state commission of correction may measure the proposal's impact on
    38  jail overcrowding; and
    39    (viii) any other information which the [division] office  may  request
    40  consistent with the purposes of this chapter.
    41    Nothing  in  this  article  shall prohibit the development of regional
    42  programs by two or more counties.
    43    b. "Eligible programs" means existing programs, enhancement of  exist-
    44  ing programs or initiation of new programs or, if submitting an approved
    45  amendment  pursuant  to  section  two hundred sixty-six of this article,
    46  eligible alcohol and substance abuse programs as defined in paragraph  c
    47  of  this subdivision which serve to assist the court, public officers or
    48  others in identifying and avoiding the inappropriate use  of  incarcera-
    49  tion. Such programs may be administered by either the county or private,
    50  community-based  organizations and may include, but shall not be limited
    51  to: new or enhanced specialized probation services  which  exceed  those
    52  probation services otherwise required to be performed in accordance with
    53  applicable law, rule or regulation of the [state] division of [probation
    54  and  correctional alternatives] criminal justice services subject to the
    55  provisions  of  this  article;  a  pre-trial  alternative  to  detention
    56  program, including a comprehensive pre-arraignment program which screens

        S. 6606--B                         14                         A. 9706--C
 
     1  all defendants and ensures that the court is fully advised of the avail-
     2  ability of alternatives based upon the defendant's suitability and needs
     3  prior  to  its determination regarding the issuance of a securing order,
     4  or  an  effective bail review program; alternatives to post-adjudicatory
     5  incarceration programs, including community service, substance abuse  or
     6  alcohol   intervention  programs;  and  management  information  systems
     7  designed to improve the county's ability to identify appropriate persons
     8  for alternatives to detention or incarceration, as well as for  improved
     9  classification  of  persons within jail. For purposes of this paragraph,
    10  community  service  programs  may  place  persons  performing  community
    11  service at worksites identified by the commissioner of the department of
    12  environmental  conservation and the commissioner of the office of parks,
    13  recreation and historic preservation.
    14    e. "Approved plan" means a plan submitted by the county executive upon
    15  approval by the advisory board or council and by the  local  legislative
    16  body,  which  has  been  determined  by  the  [division of probation and
    17  correctional alternatives] office to meet the requirements set forth  in
    18  paragraph a of this subdivision.
    19    i.  ["Division"] "Office" means the [division] office of probation and
    20  correctional alternatives.
    21    § 28. Section 262 of the executive law, as added by chapter 907 of the
    22  laws of 1984, paragraph a of subdivision 4 as amended by chapter 421  of
    23  the laws of 1988, is amended to read as follows:
    24    § 262. [Division]  Office  assistance; plan; approval. 1. Upon request
    25  of either the county executive or the advisory board, through the chair-
    26  person, the [division] office shall assist the county in the development
    27  of its plan by providing technical assistance either directly or through
    28  contract with persons or organizations which have expertise in the  area
    29  of pre-trial services or alternatives to incarceration programs.
    30    2.  Upon development of a proposed plan but at least thirty days prior
    31  to approval by the board, public comment shall be solicited for  consid-
    32  eration by the board prior to final action.
    33    3. Upon approval by the board, by a majority of its members, any coun-
    34  ty outside the city of New York acting through its county executive, and
    35  upon  approval  of  the  local  legislative  body, may submit a proposed
    36  service plan to the [division] office for approval. The city of New York
    37  acting through the mayor and upon approval by the board of estimate  may
    38  submit a proposed service plan to the [division] office for approval.
    39    4.  a.  Each  such plan shall be submitted to the [division] office no
    40  later than one hundred eighty days after the effective date of the chap-
    41  ter of the laws of nineteen  hundred  eighty-eight  which  amended  this
    42  paragraph  and  added  these  words or by the first day of April of each
    43  subsequent year and shall provide that upon  approval  it  shall  become
    44  effective.  Annual  renewals  of service plans are required and shall be
    45  submitted to the [division] office no later than the first day of  April
    46  of  each  year  following submission of the original plan. A plan may be
    47  amended from time to time by the advisory board, subject to the approval
    48  of the local legislative body and the [division] office.  The [division]
    49  office may recommend amendments to a plan, subject to  the  approval  of
    50  the  advisory  board  and  the  local legislative body. Reasons for such
    51  amendments may include but shall not  be  limited  to  the  addition  or
    52  deletion  of  eligible programs with due consideration to their utiliza-
    53  tion by the court, their effect on diverting the jail bound  population,
    54  reducing the overcrowding problem and their cost-effectiveness.
    55    b.  The  [division]  office  shall  either approve or deny the plan no
    56  later than sixty days following its submission. If the plan  is  denied,

        S. 6606--B                         15                         A. 9706--C
 
     1  the  [division]  office  shall notify the county executive in writing of
     2  such denial and the reasons therefor  and  shall  specify  any  measures
     3  which  should  be  undertaken  to  secure the approval of the [division]
     4  office.  Nothing  herein shall prohibit the amendment of a plan to over-
     5  come the [division's] office's stated reasons for denial or  the  resub-
     6  mission of such proposed plan for approval.
     7    § 29. Section 263 of the executive law, as added by chapter 907 of the
     8  laws of 1984, is amended to read as follows:
     9    § 263. Reports.  The  advisory  board,  through its chairperson, shall
    10  submit to the [division] office  a  quarterly  report  relative  to  the
    11  status  of  compliance  with the plan, pursuant to rules and regulations
    12  promulgated by the [division] commissioner of the division  of  criminal
    13  justice  services  upon  recommendation of the office.  The report shall
    14  include, but not be limited to:   compliance  with  specific  goals  and
    15  objectives  as  reflected  in  the  plan;  ability  of  programs to meet
    16  performance criteria; compliance with  timetables;  utilization  by  the
    17  court  of  the programs included in the plan; effect of such programs on
    18  diverting the jail bound population and reducing the over crowding prob-
    19  lem; and any other information requested by the  [division]  office  and
    20  available to the advisory board with respect to this article.
    21    §  30.    Section 264 of the executive law, as added by chapter 907 of
    22  the laws of 1984, the opening paragraph of subdivision 1 as  amended  by
    23  chapter 908 of the laws of 1984, is amended to read as follows:
    24    § 264. Noncompliance  with  plan.  1.  If  at  any time the [division]
    25  office determines that a county plan is  not  being  complied  with,  it
    26  shall  notify  the  advisory board through the chairperson and the state
    27  commission of correction in writing of such fact, and it shall  withhold
    28  any  portion of state funds not theretofore allocated. Such notice shall
    29  state the particular reasons for the determination and demand compliance
    30  with the plan within sixty days of the notice, setting forth the specif-
    31  ic actions deemed necessary  to  secure  compliance.  If  compliance  is
    32  forthcoming  the  board  and the state commission of correction shall be
    33  notified of such fact in writing and any state funds heretofore withheld
    34  shall be released. If compliance with the plan is not  fulfilled  within
    35  such  time or within a thirty day extension period as authorized herein,
    36  the [division] office shall notify the advisory board through the chair-
    37  person and the state commission of correction. Upon  such  notification,
    38  the  county  shall be deemed in noncompliance with the approved plan and
    39  the provisions of subdivision eight of section  five  hundred-b  of  the
    40  correction law shall be applied.
    41    An  extension may be granted by the [division] office for a thirty day
    42  period upon a request by the board through the  chairperson,  where  the
    43  [division] office determines it to be appropriate, setting forth specif-
    44  ic  reasons  for  a  need  for an extension and the steps which shall be
    45  undertaken to be in compliance at the end of such period.
    46    Any notification by the [division] office of  non-compliance  pursuant
    47  to  this  section  shall be deemed a final determination for purposes of
    48  judicial review.
    49    2. The advisory  board,  through  its  chairperson,  may  reapply  for
    50  continuation  of  its approved plan or modified plan, provided it certi-
    51  fies that it has complied with the specific actions deemed necessary  by
    52  the  [division]  office  to  secure  compliance.  Within  thirty days of
    53  receipt of the application the [division] office shall verify compliance
    54  with its notice and  notify  the  board  and  the  state  commission  of
    55  correction of its decision.

        S. 6606--B                         16                         A. 9706--C
 
     1    §  31.  The section heading, subdivision 1, paragraph b of subdivision
     2  2, and the opening paragraph and paragraphs a and b of subdivision 3  of
     3  section 265 of the executive law, the section heading and paragraph a of
     4  subdivision  3  as added by chapter 907 of the laws of 1984, subdivision
     5  1, paragraph b of subdivision 2 and the opening paragraph of subdivision
     6  3  as  amended  by  chapter  338  of the laws of 1989 and paragraph b of
     7  subdivision 3 as amended by chapter 320 of the laws of 1989, are amended
     8  to read as follows:
     9    Further authority of the [division] office; state  assistance.  1.  In
    10  administering  the provisions of this article, the [division] office may
    11  perform such other and further acts and [promulgate]  recommend  to  the
    12  commissioner of the division of criminal justice services such rules and
    13  regulations  it  deems  necessary,  proper or desirable to carry out the
    14  purpose of this article and not otherwise inconsistent  with  the  other
    15  provisions  of this article, chapter or any other provision of law. This
    16  shall include, but not be limited to, the [division's] office's  consul-
    17  tation with the chief administrative judge of the office of court admin-
    18  istration, the chairman of the state commission of correction[,] and the
    19  [director of the division of alcoholism and alcohol abuse and the direc-
    20  tor  of  the division of] commissioner of alcoholism and substance abuse
    21  services.
    22    b. Except as provided in section two hundred sixty-six of  this  arti-
    23  cle,  applications  for  such  assistance  must be made and submitted no
    24  later than one hundred eighty days after the effective date of the chap-
    25  ter of the laws of nineteen  hundred  eighty-eight  which  amended  this
    26  paragraph  and  added  these  words or by the first day of April of each
    27  subsequent year and shall be either approved or denied by the [division]
    28  office no later than sixty days following such submission. Any  part  of
    29  the  moneys  so  made  available  and not apportioned pursuant to a plan
    30  approved and contract entered into with the [division] office within the
    31  time limits required shall be apportioned by the  [division]  office  in
    32  its  discretion  to such a city or counties on a need basis, taking into
    33  consideration inmate population or prior commitment by a county  in  the
    34  development of alternatives to detention or incarceration programs.
    35    The [division] office may receive applications from and may enter into
    36  contracts with municipalities to undertake implementation of the service
    37  plan and any such municipality may enter into a contract with the [divi-
    38  sion]  office  and  with  such private organization or organizations for
    39  such purpose. Except as provided in section  two  hundred  sixty-six  of
    40  this  article,  any  such contract may include such provisions as may be
    41  agreed upon by the parties thereto, but shall include  in  substance  at
    42  least the following:
    43    a.  An  estimate  of  the  reasonable cost and need of the programs as
    44  approved by the [division] office;
    45    b. In the first year of the approved service plan an agreement by  the
    46  [division]  office  to reimburse to the municipality up to fifty percent
    47  of the state's share of the costs at the initial approval of  the  plan;
    48  one-half  of  the  remaining fifty percent of the state's share shall be
    49  allocated to municipalities  during  the  implementation  of  the  plan,
    50  provided  there  is substantial compliance with timetables and any other
    51  provisions of the plan deemed necessary by the  [division]  office.  The
    52  balance  of  the  state's  share  of the costs shall be allocated to the
    53  municipality in a manner determined by the  [division]  office.  In  any
    54  subsequent  year,  the  [division] office shall reimburse to the munici-
    55  pality the state's share of actual costs incurred under the plan. In  no
    56  event  shall the state's share exceed fifty percent of the total cost of

        S. 6606--B                         17                         A. 9706--C

     1  the plan, nor shall it be used to replace current  expenditures  by  the
     2  municipality  for  such alternatives programs.   However, in determining
     3  the amount of the municipal share of the cost of a program,  the  [divi-
     4  sion] office shall reduce the amount of the municipal share by an amount
     5  equal  to  the  costs incurred by such municipality on implementation of
     6  any of the plan's  provisions  during  the  year  immediately  preceding
     7  approval of the plan by the [division] office. Any such amount resulting
     8  in  a reduction of the municipal share shall not be considered in calcu-
     9  lating the municipal share of any future program;
    10    § 32. The section heading and subdivisions 3 and 4 of section  266  of
    11  the  executive  law,  as  added  by chapter 338 of the laws of 1989, are
    12  amended to read as follows:
    13    Additional authority  of  the  [division]  office;  state  assistance;
    14  approved amendments for eligible alcohol and substance abuse programs.
    15    3.  For  the  purposes of carrying out the purpose of this section, of
    16  the amount made available in paragraph a of subdivision two  of  section
    17  two  hundred sixty-five, state assistance of not less than seven million
    18  dollars shall be made available for approved amendments. Of this amount,
    19  no more than forty percent  shall  be  made  available  for  such  state
    20  assistance  to  cities  with  a  population  of one million or more. The
    21  remaining amount shall be made available for such  state  assistance  to
    22  counties  outside such cities. The [division] office shall apportion the
    23  amount available for approved amendments on an as needed  basis,  taking
    24  into  consideration  the  analysis  of the relationship between alcohol,
    25  drugs and crime, as required in this article, as well as  other  factors
    26  as may be required by the [division] office.
    27    4. The [division] office may receive approved amendments and may amend
    28  approved  plans in accordance with such approved amendments at any time.
    29  The [division] office may enter into contracts to undertake  the  imple-
    30  mentation of the approved amendments and any such municipality may enter
    31  into contracts with the [division] office and with private organizations
    32  for  such implementation. Any such contracts may include such provisions
    33  as may be agreed upon by the parties thereto, but shall include at least
    34  the following:
    35    a. An estimate of the reasonable costs and need for the eligible alco-
    36  hol and substance abuse programs;
    37    b. An agreement by the [division] office to reimburse the municipality
    38  in accordance with the following:
    39    (i) In the first year of implementation and operation of the  eligible
    40  alcohol  and  substance abuse program, the [division] office shall reim-
    41  burse to the municipality one hundred percent  of  the  costs  incurred,
    42  provided  that, upon approval of the contract and consistent with imple-
    43  mentation plans approved by the [division] office, up to one-half of the
    44  state's share of the cost of such program may be  immediately  allocated
    45  to  the  municipality for purposes of implementation of the program. The
    46  balance of the state's share of the costs  shall  be  allocated  to  the
    47  municipality in a manner determined by the [division] office.
    48    (ii)  In  the  second  year  of operation of such eligible alcohol and
    49  substance abuse program, such program shall be included in the  approved
    50  service  plan  submitted  by  the municipality and the [division] office
    51  shall reimburse to the municipality seventy-five percent of the costs of
    52  approved expenditures. Municipalities shall provide at least twenty-five
    53  percent of costs of approved expenditures of the contract.
    54    (iii) In the third and any subsequent year of operation of such  alco-
    55  hol  and  substance abuse program, such program shall be included in the
    56  approved service plan submitted by the municipality and  the  [division]

        S. 6606--B                         18                         A. 9706--C
 
     1  office shall reimburse to the municipality fifty percent of the costs of
     2  approved  expenditures.  Municipalities  shall  provide  at  least fifty
     3  percent of costs of approved expenditures of the contract.
     4    In  no  event  shall the state's share be used to replace expenditures
     5  previously incurred by the municipality for such alcohol  and  substance
     6  abuse programs;
     7    c.  An agreement by the municipality to provide for the payment of the
     8  municipality's share of the costs of the  alcohol  and  substance  abuse
     9  program  or  programs, and to proceed expeditiously with, and implement,
    10  such program or programs, as approved by the [division] office; and
    11    d. Any costs in excess of the amount provided for in this  subdivision
    12  shall  be  the  responsibility  of the municipality, except as otherwise
    13  provided in this article.
    14    § 33. Section 267 of the executive law, as amended by chapter  338  of
    15  the laws of 1989, is amended to read as follows:
    16    § 267. [Division]  Office  reports. The [division] office shall submit
    17  to the governor, the temporary president of the senate, the  speaker  of
    18  the  assembly, the chairman of the senate crime and correction committee
    19  and the chairman of the assembly committee on codes by October first  of
    20  each  year  its  evaluation and assessment of this alternatives planning
    21  and programming effort by the counties. Such report shall  include,  but
    22  not  be  limited  to,  the  status of the development of such plans, the
    23  approval and implementation of such plans, the success of the  programs,
    24  in terms of their utilization, effect on jail population, results of the
    25  analyses  provided counties and the city of New York on the relationship
    26  between alcohol, drugs and crime and the success of the eligible alcohol
    27  and substance abuse programs and sentencing decisions together with  any
    28  recommendations  with  respect to the proper operation or improvement of
    29  planning and implementation of effective alternatives to  detention  and
    30  alternatives to incarceration programs in counties.
    31    § 34. Section 354-a of the executive law, as amended by chapter 355 of
    32  the laws of 2004, is amended to read as follows:
    33    § 354-a. Information  on  status  of  veterans  receiving  assistance.
    34  Departments, divisions, bureaus, boards, commissions and agencies of the
    35  state and political  subdivisions  thereof,  which  provide  assistance,
    36  treatment,  counseling,  care,  supervision  or custody in service areas
    37  involving health, mental health, family services,  criminal  justice  or
    38  employment,  including  but  not limited to the office of alcoholism and
    39  substance abuse services, office of mental health, [division] office  of
    40  probation  and  correctional alternatives, office of children and family
    41  services, office of temporary and disability assistance,  department  of
    42  health,  department  of labor, local workforce investment boards, office
    43  of mental retardation  and  developmental  disabilities,  department  of
    44  correctional  services  and  division  of parole, shall request assisted
    45  persons to provide information with regard to their veteran  status  and
    46  military  experiences.  Individuals  identifying  themselves as veterans
    47  shall be advised that the division of veterans' affairs and local veter-
    48  ans' service agencies established  pursuant  to  section  three  hundred
    49  fifty-seven  of  this  article  provide assistance to veterans regarding
    50  benefits under federal and state  law.  Information  regarding  veterans
    51  status  and  military  service  provided  by  assisted persons solely to
    52  implement this section  shall  be  protected  as  personal  confidential
    53  information  under  article  six-A  of  the  public officers law against
    54  disclosure of confidential material, and used  only  to  assist  in  the
    55  diagnosis,  treatment, assessment and handling of the veteran's problems
    56  within the agency requesting  such  information  and  in  referring  the

        S. 6606--B                         19                         A. 9706--C
 
     1  veteran to the division of veterans' affairs for information and assist-
     2  ance  with  regard  to benefits and entitlements under federal and state
     3  law.
     4    § 35. Intentionally Omitted.
     5    § 36. Intentionally Omitted.
     6    §  37. Paragraph (a) of subdivision 20 of section 623 of the executive
     7  law, as amended by chapter 418 of the laws of 1986, is amended  to  read
     8  as follows:
     9    (a)   Information  transmitted  by  the  [state  division]  office  of
    10  probation  and  correctional  alternatives  under  subdivision  five  of
    11  section  390.30  of  the criminal procedure law and subdivision seven of
    12  section 351.1 of the family court act which  the  board  shall  compile,
    13  review and make recommendations on how to promote the use of restitution
    14  and encourage its enforcement.
    15    §  38.  Subdivision 1 of section 643 of the executive law, as added by
    16  chapter 94 of the laws of 1984, is amended to read as follows:
    17    1. As used in this section, "crime victim-related  agency"  means  any
    18  agency  of state government which provides services to or deals directly
    19  with crime victims, including (a) the [department  of  social  services]
    20  office  of  children and family services, the office [of] for the aging,
    21  the division of veterans affairs, [the division of probation,] the divi-
    22  sion of parole, [the crime victims board,] the department of motor vehi-
    23  cles, the office of vocational rehabilitation, the workers' compensation
    24  board, the department  of  health,  the  division  of  criminal  justice
    25  services,  the  office  of mental health, every transportation authority
    26  and the division of state police, and (b) any other agency so designated
    27  by the governor within  ninety  days  of  the  effective  date  of  this
    28  section.
    29    § 39. Subdivision 9 of section 835 of the executive law, as amended by
    30  chapter 602 of the laws of 2008, is amended to read as follows:
    31    9.  "Qualified agencies" means courts in the unified court system, the
    32  administrative board of the judicial conference, probation  departments,
    33  sheriffs'  offices, district attorneys' offices, the state department of
    34  correctional services[, the state division of probation], the department
    35  of correction of any municipality, the insurance frauds  bureau  of  the
    36  state  department  of  insurance,  the  office  of  professional medical
    37  conduct of the state department of health for the  purposes  of  section
    38  two  hundred  thirty  of  the  public  health  law, the child protective
    39  services unit of a local social services  district  when  conducting  an
    40  investigation  pursuant to subdivision six of section four hundred twen-
    41  ty-four of the social services law, the  office  of  Medicaid  inspector
    42  general,  the  temporary state commission of investigation, the criminal
    43  investigations bureau of  the  banking  department,  police  forces  and
    44  departments  having responsibility for enforcement of the general crimi-
    45  nal laws of the state  and  the  Onondaga  County  Center  for  Forensic
    46  Sciences  Laboratory when acting within the scope of its law enforcement
    47  duties.
    48    § 40. Subdivision 8 of section 92  of  the  public  officers  law,  as
    49  amended  by  chapter  336  of  the  laws  of 1992, is amended to read as
    50  follows:
    51    (8) Public safety  agency  record.  The  term  "public  safety  agency
    52  record"  means  a  record of the commission of correction, the temporary
    53  state  commission  of  investigation,  the  department  of  correctional
    54  services,  the  [division  for  youth]  office  of  children  and family
    55  services, the division of parole, the [crime victims  board]  office  of
    56  victim  services,  the  [division]  office of probation and correctional

        S. 6606--B                         20                         A. 9706--C
 
     1  alternatives or the division of state police or of any agency or  compo-
     2  nent thereof whose primary function is the enforcement of civil or crim-
     3  inal statutes if such record pertains to investigation, law enforcement,
     4  confinement  of  persons  in  correctional  facilities or supervision of
     5  persons pursuant to criminal conviction or court order, and any  records
     6  maintained  by  the  division  of  criminal justice services pursuant to
     7  sections eight hundred thirty-seven, eight hundred thirty-seven-a, eight
     8  hundred thirty-seven-b,  eight  hundred  thirty-seven-c,  eight  hundred
     9  thirty-eight,  eight  hundred thirty-nine, eight hundred forty-five, and
    10  eight hundred forty-five-a of the executive law and by the department of
    11  state pursuant to section ninety-nine of the executive law.
    12    § 41. The opening paragraph of  paragraph  (b)  of  subdivision  6  of
    13  section  1198  of the vehicle and traffic law, as amended by chapter 669
    14  of the laws of 2007, is amended to read as follows:
    15    After consultation with manufacturers of  ignition  interlock  devices
    16  and the national highway traffic safety administration, the commissioner
    17  of  the  department of health, in consultation with the commissioner and
    18  the [director of the division]  office  of  probation  and  correctional
    19  alternatives,  shall promulgate regulations regarding standards for, and
    20  use  of,  ignition  interlock  devices.  Such  standards  shall  include
    21  provisions for setting a minimum and maximum calibration range and shall
    22  include, but not be limited to, requirements that the devices:
    23    §  42. Paragraph hh of subdivision 1 of section 3-0301 of the environ-
    24  mental conservation law, as amended by chapter 461 of the laws of  1990,
    25  is amended to read as follows:
    26    hh. Cooperate with the [division] office of probation and correctional
    27  alternatives by identifying appropriate worksites where persons perform-
    28  ing  community service as part of a criminal disposition may be assigned
    29  to provide cleanup and other maintenance services in order  to  preserve
    30  and  enhance the state's natural beauty and human-made scenic qualities.
    31  Such sites may include but are not limited to  the  state's  shorelines,
    32  beaches, parks, roadways, historic sites and other natural or human-made
    33  resources.
    34    §  43.  Paragraph  (m)  of subdivision 1 of section 2782 of the public
    35  health law, as amended by chapter 193 of the laws of 1991, is amended to
    36  read as follows:
    37    (m) an employee or agent of the [division]  office  of  probation  and
    38  correctional  alternatives or any local probation department, in accord-
    39  ance with paragraph (a)  of  subdivision  two  of  section  twenty-seven
    40  hundred  eighty-six of this article, to the extent the employee or agent
    41  is authorized to access records containing such information in order  to
    42  carry  out  the  [division's] office's or department's functions, powers
    43  and duties with respect to the protected individual, pursuant  to  arti-
    44  cles twelve and twelve-A of the executive law;
    45    §  44.  Subdivision  2-f  of section 3.09 of the parks, recreation and
    46  historic preservation law, as amended by chapter 461 of the laws of 1990
    47  and as separately renumbered by chapters 460 and  552  of  the  laws  of
    48  2001, is amended to read as follows:
    49    2-f. Cooperate with the [division] office of probation and correction-
    50  al  alternatives  by  identifying  appropriate  worksites  where persons
    51  performing community service as part of a criminal  disposition  may  be
    52  assigned  to  provide cleanup and other maintenance services in order to
    53  preserve and enhance the state's natural beauty  and  human-made  scenic
    54  qualities.  Such  sites  may  include but are not limited to the state's
    55  shorelines, beaches, parks, roadways, historic sites and  other  natural
    56  or human-made resources.

        S. 6606--B                         21                         A. 9706--C
 
     1    §  45.  Paragraph  2 of subdivision (a) of section 19.09 of the mental
     2  hygiene law, as added by chapter 223 of the laws of 1992, is amended  to
     3  read as follows:
     4    (2)  Upon  the request of a state agency, including but not limited to
     5  the department of correctional services, the [state division] office  of
     6  probation and correctional alternatives, the [division for youth] office
     7  of  children  and  family services, and the board of parole, the commis-
     8  sioner shall have the power to provide alcoholism, substance abuse,  and
     9  chemical  dependence services either directly or through agreements with
    10  local certified or approved providers to persons in the custody or under
    11  the jurisdiction of the requesting agency within amounts  available  and
    12  within priorities established through the planning process.
    13    §  46.  Subdivision  4  of section 65.10 of the penal law, as added by
    14  chapter 653 of the laws of 1996, is amended to read as follows:
    15    4. Electronic monitoring. When imposing a sentence  of  probation  the
    16  court  may,  in  addition to any conditions imposed pursuant to subdivi-
    17  sions two and three of this section, require the defendant to submit  to
    18  the  use  of an electronic monitoring device and/or to follow a schedule
    19  that governs the defendant's  daily  movement.  Such  condition  may  be
    20  imposed only where the court, in its discretion, determines that requir-
    21  ing  the  defendant  to  comply  with such condition will advance public
    22  safety, probationer control or  probationer  surveillance.    Electronic
    23  monitoring shall be used in accordance with uniform procedures developed
    24  by the [division] office of probation and correctional alternatives.
    25    §  47. Subdivision 1 of section 89-e of the correction law, as amended
    26  by chapter 550 of the laws of 1987, is amended to read as follows:
    27    1. The alternate correctional facility review panel is  hereby  estab-
    28  lished  and shall consist of the commissioner, the chairman of the state
    29  commission of correction, the chairman  of  the  board  of  parole,  the
    30  director of the [division] office of probation and correctional alterna-
    31  tives, the commissioner of correction of the city of New York, the pres-
    32  ident  of  the New York State Sheriffs' Association Institute, Inc., and
    33  the president of the Correctional  Association  of  New  York  or  their
    34  designees.  The governor shall appoint a chairman and vice-chairman from
    35  among the members.
    36    § 48. Subdivision 4 of section 270 of the correction law, as added  by
    37  section  1  of  part SS of chapter 56 of the laws of 2009, is amended to
    38  read as follows:
    39    4. "Division" means the division of [probation and correctional alter-
    40  natives] criminal justice services.
    41    § 49. Subdivision 1 of section 705 of the correction law,  as  amended
    42  by chapter 193 of the laws of 1991, is amended to read as follows:
    43    1.  All  applications, certificates and orders of revocation necessary
    44  for the purposes of this article shall be upon forms prescribed pursuant
    45  to agreement among the state commissioner of correctional services,  the
    46  chairman of the state board of parole and the administrator of the state
    47  judicial  conference. Such forms relating to certificates of relief from
    48  disabilities shall be distributed by the [director of  the  state  divi-
    49  sion] office of probation and correctional alternatives and forms relat-
    50  ing to certificates of good conduct shall be distributed by the chairman
    51  of the board of parole.
    52    §  50.  The  opening  paragraph  of subdivision 4 and subdivision 5 of
    53  section 390.30 of the criminal procedure law, the opening  paragraph  of
    54  subdivision 4 as amended by chapter 618 of the laws of 1992 and subdivi-
    55  sion  5  as added by chapter 14 of the laws of 1985, are amended to read
    56  as follows:

        S. 6606--B                         22                         A. 9706--C
 
     1    In lieu of the procedure set forth in subdivisions one, two and  three
     2  of  this  section, where the conviction is of a misdemeanor the scope of
     3  the pre-sentence investigation may  be  abbreviated  and  a  short  form
     4  report  may  be  made.   The use of abbreviated investigations and short
     5  form  reports,  the  matters  to  be covered therein and the form of the
     6  reports shall be in accordance with the general rules regulating methods
     7  and procedures in the administration of probation as adopted  from  time
     8  to  time  by  the [state director of probation and correctional alterna-
     9  tives] commissioner of the division of criminal justice services  pursu-
    10  ant  to  the  provisions of article twelve of the executive law. No such
    11  rule, however, shall be construed so as to relieve the agency conducting
    12  the investigation of the duty of investigating and reporting upon:
    13    5. Information to be forwarded  to  the  [state  division]  office  of
    14  probation  and  correctional alternatives.  Investigating agencies under
    15  this article shall be responsible for the collection,  and  transmission
    16  to  the  [state  division] office of probation and correctional alterna-
    17  tives, of data on the  number  of  victim  impact  statements  prepared,
    18  pursuant  to  regulations  of  the [division] office.   Such information
    19  shall be transmitted to the  [crime  victims  board]  office  of  victim
    20  services  and  included in the [board's] office's annual report pursuant
    21  to subdivision twenty of section six hundred twenty-three of the  execu-
    22  tive law.
    23    §  51.  Subdivision 1 of section 410.80 of the criminal procedure law,
    24  as amended by chapter 191 of the laws of 2007, is  amended  to  read  as
    25  follows:
    26    1.  Authority to transfer supervision. Where a probationer at the time
    27  of sentencing resides in another  jurisdiction  within  the  state,  the
    28  sentencing court shall transfer supervision to the appropriate probation
    29  department in such other jurisdiction. Where, after a probation sentence
    30  is  pronounced,  a probationer desires to reside in another jurisdiction
    31  within the state that is not served by the sentencing court, such court,
    32  in its discretion, may approve a change in residency and, upon approval,
    33  shall transfer supervision to the appropriate probation department serv-
    34  ing the county of the probationer's proposed new residence. Any transfer
    35  under this subdivision must be in accordance with rules adopted  by  the
    36  [director]  commissioner  of  the  [state]  division  of  [probation and
    37  correctional alternatives] criminal justice services.
    38    § 52. Subdivision 8 of section 420.10 of the criminal  procedure  law,
    39  as  amended  by  chapter 506 of the laws of 1985, paragraph (a) as sepa-
    40  rately amended by chapters 134, 233 and 506 of  the  laws  of  1985  and
    41  paragraph  (b) as separately amended by chapters 134 and 506 of the laws
    42  of 1985, is amended to read as follows:
    43    8. Designation of restitution agency. (a) The chief  elected  official
    44  in  each  county, and in the city of New York the mayor, shall designate
    45  an official or organization other  than  the  district  attorney  to  be
    46  responsible  for  the  collection  and administration of restitution and
    47  reparation payments under provisions of the penal law and this chapter[;
    48  provided, however, that  where  the  state  division  of  probation  and
    49  correctional  alternatives  provides for and delivers probation services
    50  pursuant to the provisions of section two  hundred  forty-seven  of  the
    51  executive  law the state division of probation and correctional alterna-
    52  tives shall have the first option of  designating  such  agency  as  the
    53  restitution agency for such county]. This official or organization shall
    54  be  eligible  for  the  designated surcharge provided for by subdivision
    55  eight of section 60.27 of the penal law.

        S. 6606--B                         23                         A. 9706--C
 
     1    (b) The restitution agency, as designated by  paragraph  (a)  of  this
     2  subdivision, shall be responsible for the collection of data on a month-
     3  ly  basis  regarding  the  numbers  of restitution and reparation orders
     4  issued, the numbers of satisfied restitution and reparation  orders  and
     5  information  concerning  the  types of crimes for which such orders were
     6  required. A probation department designated as  the  restitution  agency
     7  shall  then forward such information to the [director of the state divi-
     8  sion] office of probation and correctional alternatives within the first
     9  ten days following the end of each month [who shall transmit such infor-
    10  mation to the division of criminal justice services]. In all other cases
    11  the restitution agency shall report to the division of criminal  justice
    12  services  directly.  The  division  of  criminal  justice services shall
    13  compile and review all such  information  and  make  recommendations  to
    14  promote the use of restitution and encourage its enforcement.
    15    § 53. Section 252-a of the family court act, as added by chapter 55 of
    16  the laws of 1992, is amended to read as follows:
    17    §  252-a.  Fees. (a) Notwithstanding any other provision of law, every
    18  county, including the city of New York, may adopt a local law  authoriz-
    19  ing  its  probation  department  which is ordered to conduct an investi-
    20  gation pursuant to section six hundred  fifty-three  of  this  [chapter]
    21  act, to be entitled to a fee of not less than fifty dollars and not more
    22  than  five  hundred  dollars  from  the  parties  in such proceeding for
    23  performing such investigation. Such fee shall be based  on  the  party's
    24  ability  to  pay  the fee and the schedule for payment shall be fixed by
    25  the court issuing the order for investigation, pursuant  to  the  guide-
    26  lines  issued  by the [director of the division] office of probation and
    27  correctional alternatives, and may in the discretion  of  the  court  be
    28  waived  when the parties lack sufficient means to pay the fee. The court
    29  shall apportion the fee between the parties based  upon  the  respective
    30  financial circumstances of the parties and the equities of the case.
    31    (b)  Fees pursuant to this section shall be paid directly to the local
    32  probation department to be retained and  utilized  for  local  probation
    33  services,  and  shall  not  be  considered  by  the [division] office of
    34  probation and  correctional  alternatives  when  determining  state  aid
    35  [reimbursement]  pursuant to section two hundred forty-six of the execu-
    36  tive law.
    37    § 54. Subdivision 7 of section 351.1 of the family court act, as added
    38  by chapter 418 of the laws of 1986, is amended to read as follows:
    39    7. The probation services  which  prepare  the  investigation  reports
    40  shall  be  responsible for the collection and transmission to the [state
    41  division] office of probation and correctional alternatives, of data  on
    42  the number of victim impact statements prepared, pursuant to regulations
    43  of  the  division.   Such information shall be transmitted to the [crime
    44  victims board] office of victim services and included in  the  [board's]
    45  office's  annual  report  pursuant  to subdivision twenty of section six
    46  hundred twenty-three of the executive law.
    47    § 55. Subdivision 2 of section 385.1  of  the  family  court  act,  as
    48  amended  by  chapter  134  of  the  laws  of 1985, is amended to read as
    49  follows:
    50    2. The [division] office of probation  and  correctional  alternatives
    51  shall  include  in its annual report to the legislature and the governor
    52  information, by county, showing the total number  of  delinquency  cases
    53  adjusted prior to filing.
    54    § 56. Section 177-e of the judiciary law is REPEALED.

        S. 6606--B                         24                         A. 9706--C
 
     1    §  57.   Paragraph (g) of subdivision 1 of section 1193 of the vehicle
     2  and traffic law, as added by chapter 496 of the laws of 2009, is amended
     3  to read as follows:
     4    (g)  The  [division] office of probation and correctional alternatives
     5  shall [promulgate] recommend to the  commissioner  of  the  division  of
     6  criminal  justice  services  regulations  governing  the  monitoring  of
     7  compliance by persons ordered to install and maintain ignition interlock
     8  devices to provide standards for monitoring by departments of probation,
     9  and options for monitoring of compliance by such persons, that  counties
    10  may adopt as an alternative to monitoring by a department of probation.
    11    § 58. Subdivision 5 of section 257-c of the executive law, as added by
    12  chapter 55 of the laws of 1992, is amended to read as follows:
    13    5.  Monies  collected  pursuant  to this section shall be utilized for
    14  probation services by the local probation department. Such moneys  shall
    15  not be considered by the division when determining state aid [reimburse-
    16  ment]  pursuant  to  section two hundred forty-six of the executive law.
    17  Monies collected shall not be used to replace  federal  funds  otherwise
    18  utilized for probation services.
    19    § 59. Section 385.2 of the family court act, as amended by chapter 134
    20  of the laws of 1985, is amended to read as follows:
    21    § 385.2. Consolidation of records within a city having a population of
    22  one  million  or  more. Notwithstanding any other provision of law, in a
    23  city having a population of one million or more, an index of the records
    24  of the local probation departments located in  the  counties  comprising
    25  such  city for proceedings under article three shall be consolidated and
    26  filed in a central  office  for  use  by  the  family  court  and  local
    27  probation service in each such county. After consultation with the state
    28  administrative  judge,  the  commissioner  of  the  division of criminal
    29  justice services in consultation with the [state] director of the office
    30  of probation and correctional alternatives shall specify the information
    31  to be contained in such index and the organization of such  consolidated
    32  file.
    33    § 60. Section 783-a of the family court act, as amended by chapter 134
    34  of the laws of 1985, is amended to read as follows:
    35    § 783-a. Consolidation of records within a city having a population of
    36  one  million  or  more. Notwithstanding any other provision of law, in a
    37  city having a population of one million or more, an index of the records
    38  of the local probation departments located in  the  counties  comprising
    39  such  city for proceedings under article seven shall be consolidated and
    40  filed in a central  office  for  use  by  the  family  court  and  local
    41  probation service in each such county. After consultation with the state
    42  administrative  judge,  the  commissioner  of  the  division of criminal
    43  justice services, in consultation  with  the  [state]  director  of  the
    44  office  of  probation  and  correctional  alternatives shall specify the
    45  information to be contained in such index and the organization  of  such
    46  consolidated file.
    47    §  61.  Paragraph  (b)  of subdivision 4 of section 34-a of the social
    48  services law, as added by section 18 of part E of chapter 57 of the laws
    49  of 2005, is amended to read as follows:
    50    (b) The commissioner of the office of  children  and  family  services
    51  shall review and approve or disapprove the diversion services portion of
    52  the  plan  jointly  with  the  director  of  the office of probation and
    53  correctional alternatives or any other successor agency or  entity.  The
    54  requirements  for  the  portion  of  the  plan  and report regarding the
    55  provision of diversion services shall  be  jointly  established  by  the
    56  commissioner  of  the  office  of  children  and family services and the

        S. 6606--B                         25                         A. 9706--C
 
     1  director of the office of probation and correctional alternatives or any
     2  other successor agency or entity.   The  multi-year  services  plan  and
     3  where  appropriate the annual implementation reports shall be based upon
     4  a  written  understanding between the local social services district and
     5  the probation department which outlines the cooperative procedures to be
     6  followed by  both  parties  regarding  diversion  services  pursuant  to
     7  section  seven  hundred  thirty-five of the family court act, consistent
     8  with their respective obligations as otherwise required by law.
     9    § 62. Subdivision 1 of section 483 of  the  social  services  law,  as
    10  added  by  section  2  of  part F2 of chapter 62 of the laws of 2003, is
    11  amended to read as follows:
    12    1. There shall be a council on children and families established with-
    13  in the office of children and family services consisting of the  follow-
    14  ing members: the state commissioner of children and family services, the
    15  commissioner of temporary and disability assistance, the commissioner of
    16  mental  health, the commissioner of mental retardation and developmental
    17  disabilities, the commissioner of the office of alcoholism and substance
    18  abuse services, the commissioner of education, the [state]  director  of
    19  the  office of probation and correctional alternatives, the commissioner
    20  of  health,  the  commissioner  of  the  division  of  criminal  justice
    21  services, the state advocate for persons with disabilities, the director
    22  of the office for the aging, the commissioner of labor, and the chair of
    23  the  commission on quality of care for the mentally disabled. The gover-
    24  nor shall designate the chair of the council  and  the  chief  executive
    25  officer (CEO).
    26    §  63.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
    27  483-c of the social services law, as added by section 2 of  part  F2  of
    28  chapter 62 of the laws of 2003, is amended to read as follows:
    29    (i)  State  tier  III  team.  There is hereby established a state team
    30  designated as the "tier III team", which shall consist of the  chair  of
    31  the  council,  the commissioners of children and family services, mental
    32  health, health, education, alcohol and  substance  abuse  services,  and
    33  mental  retardation  and developmental disabilities, and the director of
    34  the office of probation and correctional alternatives, or  their  desig-
    35  nated  representatives, and representatives of families of children with
    36  emotional and/or behavioral  disorders.  Other  representatives  may  be
    37  added at the discretion of such team.
    38    §  64.  Subdivision 3 of section 702 of the correction law, as amended
    39  by chapter 134 of the laws of 1985, is amended to read as follows:
    40    3. Where a certificate of relief from disabilities is  not  issued  at
    41  the  time sentence is pronounced it shall only be issued thereafter upon
    42  verified application to the court. The court may,  for  the  purpose  of
    43  determining  whether  such  certificate  shall  be  issued,  request its
    44  probation service to conduct an investigation of the  applicant,  or  if
    45  the  court has no probation service it may request the probation service
    46  of the county court for the county in which  the  court  is  located  to
    47  conduct  such  investigation[,  or if there be no such probation service
    48  the court may request the state director of probation  and  correctional
    49  alternatives  to  arrange for such investigation]. Any probation officer
    50  requested to make  an  investigation  pursuant  to  this  section  shall
    51  prepare and submit to the court a written report in accordance with such
    52  request.
    53    § 65. Subdivision 4 of section 995-c of the executive law, as added by
    54  chapter 737 of the laws of 1994, is amended to read as follows:
    55    4.  The  commissioner of the division of criminal justice services, in
    56  consultation with the commission, the commissioner of health, the [divi-

        S. 6606--B                         26                         A. 9706--C

     1  sions] division of parole [and], the director of the office of probation
     2  and  correctional  alternatives  and  the  department  of   correctional
     3  services,  shall  promulgate  rules and regulations governing the proce-
     4  dures  for  notifying  designated  offenders of the requirements of this
     5  section.
     6    § 66. Paragraph (c) of subdivision 1 of section 169 of  the  executive
     7  law,  as  amended by chapter 634 of the laws of 1998, is amended to read
     8  as follows:
     9    (c) commissioner of agriculture and markets, commissioner of  alcohol-
    10  ism  and  substance  abuse  services, adjutant general, commissioner and
    11  president of state civil service commission,  commissioner  of  economic
    12  development,  chair  of  the  energy research and development authority,
    13  executive director of the board of real property services, president  of
    14  higher  education  services corporation, commissioner of motor vehicles,
    15  member-chair of board of parole, [director of probation and correctional
    16  alternatives,] chair of public employment relations board, secretary  of
    17  state,  chair  of  the  state racing and wagering board, commissioner of
    18  alcoholism and substance abuse services, executive director of the hous-
    19  ing finance agency, commissioner of housing and community renewal, exec-
    20  utive director of state  insurance  fund,  commissioner-chair  of  state
    21  liquor authority, chair of the workers' compensation board;
    22    §  67. Subdivision 1 of section 221-a of the executive law, as amended
    23  by chapter 107 of the laws of 2004, is amended to read as follows:
    24    1. The superintendent, in consultation with the division  of  criminal
    25  justice  services,  office  of  court  administration,  [the division of
    26  probation and correctional  alternatives,]  the  state  office  for  the
    27  prevention of domestic violence and the division for women, shall devel-
    28  op  a  comprehensive  plan  for  the  establishment and maintenance of a
    29  statewide computerized registry  of  all  orders  of  protection  issued
    30  pursuant  to articles four, five, six and eight of the family court act,
    31  section 530.12 of the  criminal  procedure  law  and,  insofar  as  they
    32  involve  victims of domestic violence as defined by section four hundred
    33  fifty-nine-a of the social services law, section 530.13 of the  criminal
    34  procedure  law  and sections two hundred forty and two hundred fifty-two
    35  of the domestic relations law, and orders of protection issued by courts
    36  of competent jurisdiction in another state, territorial or tribal juris-
    37  diction, special orders of conditions issued  pursuant  to  subparagraph
    38  (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
    39  criminal  procedure  law  insofar as they involve a victim or victims of
    40  domestic violence as defined by subdivision one of section four  hundred
    41  fifty-nine-a  of  the  social  services  law  or a designated witness or
    42  witnesses to such domestic violence, and all warrants issued pursuant to
    43  sections one hundred fifty-three and eight hundred twenty-seven  of  the
    44  family  court  act, and arrest and bench warrants as defined in subdivi-
    45  sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
    46  nal procedure law,  insofar  as  such  warrants  pertain  to  orders  of
    47  protection  or  temporary  orders of protection; provided, however, that
    48  warrants issued pursuant to section one hundred fifty-three of the fami-
    49  ly court act pertaining to articles three, seven and ten of such act and
    50  section 530.13 of the criminal procedure law shall not  be  included  in
    51  the  registry.  The  superintendent  shall  establish  and maintain such
    52  registry for the purposes of ascertaining the  existence  of  orders  of
    53  protection,  temporary orders of protection, warrants and special orders
    54  of conditions, and for enforcing the  provisions  of  paragraph  (b)  of
    55  subdivision four of section 140.10 of the criminal procedure law.

        S. 6606--B                         27                         A. 9706--C

     1    § 68. Section 354-a of the executive law, as amended by chapter 355 of
     2  the laws of 2004, is amended to read as follows:
     3    § 354-a. Information  on  status  of  veterans  receiving  assistance.
     4  Departments, divisions, bureaus, boards, commissions and agencies of the
     5  state and political  subdivisions  thereof,  which  provide  assistance,
     6  treatment,  counseling,  care,  supervision  or custody in service areas
     7  involving health, mental health, family services,  criminal  justice  or
     8  employment,  including  but  not limited to the office of alcoholism and
     9  substance abuse services, office of mental health, [division] office  of
    10  probation  and  correctional alternatives, office of children and family
    11  services, office of temporary and disability assistance,  department  of
    12  health,  department  of labor, local workforce investment boards, office
    13  of mental retardation  and  developmental  disabilities,  department  of
    14  correctional  services  and  division  of parole, shall request assisted
    15  persons to provide information with regard to their veteran  status  and
    16  military  experiences.  Individuals  identifying  themselves as veterans
    17  shall be advised that the division of veterans' affairs and local veter-
    18  ans' service agencies established  pursuant  to  section  three  hundred
    19  fifty-seven  of  this  article  provide assistance to veterans regarding
    20  benefits under federal and state  law.  Information  regarding  veterans
    21  status  and  military  service  provided  by  assisted persons solely to
    22  implement this section  shall  be  protected  as  personal  confidential
    23  information  under  article  six-A  of  the  public officers law against
    24  disclosure of confidential material, and used  only  to  assist  in  the
    25  diagnosis,  treatment, assessment and handling of the veteran's problems
    26  within the agency requesting  such  information  and  in  referring  the
    27  veteran to the division of veterans' affairs for information and assist-
    28  ance  with  regard  to benefits and entitlements under federal and state
    29  law.
    30    § 69. Paragraph (b) of subdivision 4 of section 575 of  the  executive
    31  law,  as  amended by chapter 255 of the laws of 2008, is amended to read
    32  as follows:
    33    (b) The advisory council shall consist of nine  members  and  fourteen
    34  ex-officio  members.  Each member shall be appointed to serve for a term
    35  of three years and shall continue in office until a successor  appointed
    36  member  is made. A member appointed to fill a vacancy shall be appointed
    37  for the unexpired term of the member he or she is to succeed. All of the
    38  members shall be individuals with expertise  in  the  area  of  domestic
    39  violence.  Three members shall be appointed by the governor, two members
    40  shall be appointed upon the recommendation of the temporary president of
    41  the senate, two members shall be appointed upon  the  recommendation  of
    42  the  speaker  of  the  assembly,  one member shall be appointed upon the
    43  recommendation of the minority leader of  the  senate,  and  one  member
    44  shall be appointed upon the recommendation of the minority leader of the
    45  assembly.  The ex-officio members of the advisory board shall consist of
    46  one representative from the staff of each of the following state depart-
    47  ments and  divisions:  office  of  temporary  and  disability  services;
    48  department  of  health;  education  department; office of mental health;
    49  division of alcoholism and alcohol abuse; division of  criminal  justice
    50  services;  [division] office of probation and correctional alternatives;
    51  office of children and family services; crime victims board;  office  of
    52  court  administration;  department of labor; state office for the aging;
    53  department of correctional services; and the division of parole.
    54    § 70. Paragraphs (a) and (b) of subdivision 5 of section  576  of  the
    55  executive  law,  as added by chapter 463 of the laws of 1992, is amended
    56  to read as follows:

        S. 6606--B                         28                         A. 9706--C
 
     1    (a) The office shall, in conjunction with  the  [division]  office  of
     2  probation  and  correctional  alternatives,  provide  or  arrange  to be
     3  provided technical assistance and training as requested or necessary  to
     4  programs  approved  pursuant to this act to develop appropriate services
     5  and  train  staff,  improve  coordination  with  the  domestic  violence
     6  program,  other  appropriate  support  services,  the  criminal  justice
     7  system,  including the judiciary, the police, the district attorney, and
     8  other appropriate officials and services.
     9    (b) The office shall, in conjunction with  the  [division]  office  of
    10  probation and correctional alternatives, provide any requested or neces-
    11  sary  assistance  to  local  departments  of  probation to assist in the
    12  development of local plans, policies and procedures for  case  referral,
    13  coordination,  and  monitoring  of clients with appropriate agencies and
    14  persons.
    15    § 71. Paragraph (a) of subdivision 20 of section 623 of the  executive
    16  law,  as  amended by chapter 418 of the laws of 1986, is amended to read
    17  as follows:
    18    (a)  Information  transmitted  by  the  [state  division]  office   of
    19  probation  and  correctional  alternatives  under  subdivision  five  of
    20  section 390.30 of the criminal procedure law and  subdivision  seven  of
    21  section  351.1  of  the  family court act which the board shall compile,
    22  review and make recommendations on how to promote the use of restitution
    23  and encourage its enforcement.
    24    § 72. This act shall take effect immediately; provided, however, that:
    25    (a) the amendments to paragraphs a, b, e and i  of  subdivision  1  of
    26  section  261  of  the executive law made by section twenty-seven of this
    27  act shall not affect the repeal of such  section  and  shall  be  deemed
    28  repealed therewith;
    29    (b)  the amendments to sections 262, 263, 264, 265, 266 and 267 of the
    30  executive law made by sections twenty-eight, twenty-nine, thirty,  thir-
    31  ty-one,  thirty-two  and  thirty-three of this act, shall not affect the
    32  repeal of such sections and shall be deemed repealed therewith;
    33    (c) the amendments to the opening paragraph of paragraph (b) of subdi-
    34  vision 6 of section 1198 of the vehicle and traffic law made by  section
    35  forty-one  of  this  act shall not affect the repeal of such section and
    36  shall be deemed repealed therewith;
    37    (d) the amendments to section 252-a of the family court  act  made  by
    38  section  fifty-three of this act shall not affect the expiration of such
    39  section and shall be deemed to expire therewith; and
    40    (e) the amendments to subdivision 5 of section 257-c of the  executive
    41  law made by section fifty-eight of this act shall not affect the expira-
    42  tion of such section and shall be deemed expired therewith.

    43                                  PART A-1
 
    44    Section 1. Subdivision 1 of section 643 of the executive law, as added
    45  by chapter 94 of the laws of 1984, is amended to read as follows:
    46    1.  As  used  in this section, "crime victim-related agency" means any
    47  agency of state government which provides services to or deals  directly
    48  with  crime  victims,  including (a) the [department of social services]
    49  office of children and family services, the office [of] for  the  aging,
    50  the  division of veterans affairs, the division of probation and correc-
    51  tional alternatives, the division of parole, the [crime  victims  board]
    52  office  of victim services, the department of motor vehicles, the office
    53  of vocational  rehabilitation,  the  workers'  compensation  board,  the
    54  department  of  health,  the  division of criminal justice services, the

        S. 6606--B                         29                         A. 9706--C
 
     1  office of mental health, every transportation authority and the division
     2  of state police, and (b) any other agency so designated by the  governor
     3  within ninety days of the effective date of this section.
     4    §  2.  Subdivision  8  of  section  92  of the public officers law, as
     5  amended by chapter 336 of the laws  of  1992,  is  amended  to  read  as
     6  follows:
     7    (8)  Public  safety  agency  record.  The  term  "public safety agency
     8  record" means a record of the commission of  correction,  the  temporary
     9  state  commission  of  investigation,  the  department  of  correctional
    10  services, the  [division  for  youth]  office  of  children  and  family
    11  services,  the  division  of parole, the [crime victims board] office of
    12  victim services, the division of probation and correctional alternatives
    13  or the division of state police or of any agency  or  component  thereof
    14  whose  primary function is the enforcement of civil or criminal statutes
    15  if such record pertains to investigation, law  enforcement,  confinement
    16  of persons in correctional facilities or supervision of persons pursuant
    17  to criminal conviction or court order, and any records maintained by the
    18  division of criminal justice services pursuant to sections eight hundred
    19  thirty-seven,  eight  hundred  thirty-seven-a, eight hundred thirty-sev-
    20  en-b, eight hundred thirty-seven-c, eight  hundred  thirty-eight,  eight
    21  hundred  thirty-nine, eight hundred forty-five, and eight hundred forty-
    22  five-a of the executive law and by the department of state  pursuant  to
    23  section ninety-nine of the executive law.
    24    §  3. Subdivision 7 of section 351.1 of the family court act, as added
    25  by chapter 418 of the laws of 1986, is amended to read as follows:
    26    7. The probation services  which  prepare  the  investigation  reports
    27  shall  be  responsible  for the collection and transmission to the state
    28  division of probation and correctional  alternatives,  of  data  on  the
    29  number  of victim impact statements prepared, pursuant to regulations of
    30  the division.   Such information shall  be  transmitted  to  the  [crime
    31  victims  board]  office of victim services and included in the [board's]
    32  office's annual report pursuant to subdivision  twenty  of  section  six
    33  hundred twenty-three of the executive law.
    34    §  4.  Paragraph  (b) of subdivision 4 of section 575 of the executive
    35  law, as amended by chapter 255 of the laws of 2008, is amended  to  read
    36  as follows:
    37    (b)  The  advisory  council shall consist of nine members and fourteen
    38  ex-officio members. Each member shall be appointed to serve for  a  term
    39  of  three years and shall continue in office until a successor appointed
    40  member is made. A member appointed to fill a vacancy shall be  appointed
    41  for the unexpired term of the member he or she is to succeed. All of the
    42  members  shall  be  individuals  with  expertise in the area of domestic
    43  violence. Three members shall be appointed by the governor, two  members
    44  shall be appointed upon the recommendation of the temporary president of
    45  the  senate,  two  members shall be appointed upon the recommendation of
    46  the speaker of the assembly, one member  shall  be  appointed  upon  the
    47  recommendation  of  the  minority  leader  of the senate, and one member
    48  shall be appointed upon the recommendation of the minority leader of the
    49  assembly. The ex-officio members of the advisory board shall consist  of
    50  one representative from the staff of each of the following state depart-
    51  ments  and  divisions:    office  of  temporary and disability services;
    52  department of health; education department;  office  of  mental  health;
    53  [division]  office of alcoholism and [alcohol] substance abuse services;
    54  division of criminal justice services; division of probation and correc-
    55  tional alternatives; office of  children  and  family  services;  [crime
    56  victims  board]  office  of  victim  services;  office of court adminis-

        S. 6606--B                         30                         A. 9706--C
 
     1  tration; department of labor; state office for the aging; department  of
     2  correctional services; and the division of parole.
     3    §  5. Subdivision (a) of section 483-ee of the social services law, as
     4  added by chapter 74 of the laws of 2007, is amended to read as follows:
     5    (a) There is established an interagency task force on  trafficking  in
     6  persons,  which  shall  consist of the following members or their desig-
     7  nees: (1) the commissioner of the division of criminal justice services;
     8  (2) the commissioner of the office of temporary and  disability  assist-
     9  ance; (3) the commissioner of health; (4) the commissioner of the office
    10  of mental health; (5) the commissioner of labor; (6) the commissioner of
    11  the  office of children and family services; (7) the commissioner of the
    12  office of alcoholism and substance abuse services; (8) the [chairperson]
    13  director of the [crime victims board] office of victim services; (9) the
    14  executive  director  of  the  office  for  the  prevention  of  domestic
    15  violence;  and  (10) the superintendent of the division of state police;
    16  and others as may be necessary to carry out the duties and  responsibil-
    17  ities  under  this  section.  The  task  force will be co-chaired by the
    18  commissioners of the division  of  criminal  justice  services  and  the
    19  office  of  temporary and disability assistance, or their designees.  It
    20  shall meet as often as is  necessary  and  under  circumstances  as  are
    21  appropriate to fulfilling its duties under this section.
    22    §  6. Subdivision 1 of section 621 of the executive law, as amended by
    23  chapter 17 of the laws of 1982, is amended to read as follows:
    24    1. ["Board" shall mean the crime victims board]  "Office"  shall  mean
    25  the office of victim services.
    26    §  7.   Section 622 of the executive law is REPEALED and a new section
    27  622 is added to read as follows:
    28    § 622. Office of victim services. There is hereby created in the exec-
    29  utive department the office of  victim  services,  hereinafter  in  this
    30  article  referred  to  as  the "office". The office shall be headed by a
    31  director, who shall be appointed by the governor for  a  term  of  three
    32  years.  The  director  shall coordinate and recommend policy relating to
    33  the provision of services to crime victims. The director  shall  appoint
    34  staff and perform such other functions to ensure the efficient operation
    35  of  the  office  within the amounts made available therefor by appropri-
    36  ation.
    37    § 8.  Section 623 of the executive law, as added by chapter 894 of the
    38  laws of 1966, subdivisions 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19,  20
    39  and  21  as  added by chapter 688 of the laws of 1985, subdivision 18 as
    40  amended by chapter 74 of the laws of 1986, paragraph (a) of  subdivision
    41  20  as  amended by chapter 418 of the laws of 1986 and subdivision 22 as
    42  added by chapter 346 of the laws of 1986, is amended to read as follows:
    43    § 623. Powers and duties of the [board] office.   The  [board]  office
    44  shall have the following powers and duties:
    45    1. To establish and maintain a principal office and such other offices
    46  within the state as it may deem necessary.
    47    2.  To  appoint  a secretary, counsel, clerks and such other employees
    48  and agents as it may deem necessary, fix their compensation  within  the
    49  limitations provided by law, and prescribe their duties.
    50    3.  To  adopt,  promulgate, amend and rescind suitable rules and regu-
    51  lations to carry out  the  provisions  and  purposes  of  this  article,
    52  including  rules for the determination of claims, rules for the approval
    53  of attorneys' fees for representation before the [board]  office  and/or
    54  before  the  appellate  division upon judicial review as provided for in
    55  section six hundred twenty-nine of  this  article,  and  rules  for  the

        S. 6606--B                         31                         A. 9706--C

     1  authorization  of  qualified persons to assist claimants in the prepara-
     2  tion of claims for presentation to the [board or board members] office.
     3    4.    To  request  from  the  division of state police, from county or
     4  municipal police departments and agencies and from any  other  state  or
     5  municipal  department  or  agency, or public authority, and the same are
     6  hereby authorized to provide, such assistance and data  as  will  enable
     7  the [board] office to carry out its functions and duties.
     8    5.  To hear and determine all claims for awards filed with the [board]
     9  office pursuant to this article, and to reinvestigate or reopen cases as
    10  [the board deems] necessary.
    11    6.  To direct medical examination of victims.
    12    7.    To  hold hearings, administer oaths or affirmations, examine any
    13  person under oath or affirmation and to issue  subpoenas  requiring  the
    14  attendance  and  giving  of  testimony  of  witnesses  and  require  the
    15  production of any books, papers,  documentary  or  other  evidence.  The
    16  powers  provided  in  this  subdivision  may be delegated by the [board]
    17  director to any member or employee [thereof] of the office.  A  subpoena
    18  issued  under  this subdivision shall be regulated by the civil practice
    19  law and rules.
    20    8.  To take or cause to be taken affidavits or depositions  within  or
    21  without the state.
    22    9.  To establish and maintain a special investigative unit to expedite
    23  processing  of  claims  by  senior  citizens and special emergency situ-
    24  ations, and to promote the establishment of a volunteer program of  home
    25  visitation to elderly and invalid victims of violent crime.
    26    10.  To advise and assist the governor in developing policies designed
    27  to  recognize  the  legitimate  rights,  needs  and  interests  of crime
    28  victims.
    29    11.  To coordinate state programs and  activities  relating  to  crime
    30  victims.
    31    12.   To cooperate with and assist political subdivisions of the state
    32  and not-for-profit organizations in the development  of  local  programs
    33  for crime victims.
    34    13.    To  study  the operation of laws and procedures affecting crime
    35  victims and recommend to  the  governor  and  legislature  proposals  to
    36  improve the administration and effectiveness of such laws.
    37    14. To establish an advisory council to assist in formulation of poli-
    38  cies  on the problems of crime victims and to provide recommendations to
    39  the director to improve the delivery  of  services  to  victims  by  the
    40  office.
    41    15.    To [advocate] work with national associations, statewide coali-
    42  tions, regional coalitions, victim service providers,  and  other  advo-
    43  cates  to  address and advance the rights and interests of crime victims
    44  of the state [before federal, state and local administrative,  regulato-
    45  ry, legislative, judicial and criminal justice agencies].
    46    16.    To promote and conduct studies, research, analyses and investi-
    47  gations of matters affecting the interests of crime victims.
    48    17.   To [sponsor  conferences  relating  to  the  problems  of  crime
    49  victims]  coordinate  training  opportunities for crime victim advocates
    50  and service providers.
    51    18.  To serve as a clearinghouse for  information  relating  to  crime
    52  victims' problems and programs.
    53    19.    To  accept,  with the approval of the governor, as agent of the
    54  state, any grant including federal grants, or any gift for the  purposes
    55  of  this  article. Any monies so received may be expended by the [board]

        S. 6606--B                         32                         A. 9706--C
 
     1  office to effectuate any purpose of this article, subject to the  appli-
     2  cable provisions of the state finance law.
     3    20.  To render each year to the governor and to the legislature, on or
     4  before  December  first  of each year, a written report on the [board's]
     5  office's activities including, but not limited to, specific  information
     6  on each of the subdivisions of this section, and the manner in which the
     7  rights,  needs and interests of crime victims are being addressed by the
     8  state's criminal justice system. Such report shall also include, but not
     9  be limited to:
    10    (a) Information transmitted by the state  division  of  probation  and
    11  correctional  alternatives  under  subdivision five of section 390.30 of
    12  the criminal procedure law and subdivision seven of section 351.1 of the
    13  family court act which the [board] office shall compile, review and make
    14  recommendations on how to promote the use of restitution  and  encourage
    15  its enforcement.
    16    (b)  Information relating to the implementation of and compliance with
    17  article twenty-three of this chapter by the  criminal  justice  agencies
    18  and the "crime victim-related agencies" of the state.  Such report shall
    19  also  include  but  not be limited to information regarding crime victim
    20  service programs, including:
    21    (1) the programs funded by the office;
    22    (2) other sources of funding for crime victims service programs;
    23    (3) an assessment of the adequacy of the current  level  of  appropri-
    24  ation  to  the  office  to  meet  the  reasonable needs of crime victims
    25  service programs for funding under section six hundred  thirty-one-a  of
    26  this article; and
    27    (4) an estimate of the reasonable needs of programs in the next fiscal
    28  year.
    29    21.    To make grants to local crime victim service programs and carry
    30  out related duties under section six hundred thirty-one-a of this  arti-
    31  cle.
    32    22.    To  delegate  to  specified employees of the [board] office the
    33  power to disallow claims under circumstances where  regulations  of  the
    34  [board] office provide for disallowance without prejudice to the reopen-
    35  ing of claims.
    36    §  9.  Paragraph (i) of subdivision 1 and subdivision 2 of section 624
    37  of the executive law, paragraph (i) of subdivision 1 as amended by chap-
    38  ter 427 of the laws of 1999 and subdivision 2 as amended by chapter  859
    39  of the laws of 1990, are amended to read as follows:
    40    (i)  a  surviving  spouse  of  a crime victim who died from causes not
    41  directly related to the crime when such victim died prior  to  filing  a
    42  claim  with the [board] office or subsequent to filing a claim but prior
    43  to the rendering of a decision by the [board] office. Such  award  shall
    44  be  limited  to  out-of-pocket  loss  incurred as a direct result of the
    45  crime; and
    46    2. A person who is criminally responsible for the crime upon  which  a
    47  claim  is based or an accomplice of such person shall not be eligible to
    48  receive an award with respect to such claim.  A member of the family  of
    49  a  person  criminally  responsible  for  the crime upon which a claim is
    50  based or a member of the family of an accomplice of such  person,  shall
    51  be  eligible  to  receive an award, unless the [board] office determines
    52  pursuant to regulations [adopted by the board] promulgated to carry  out
    53  the  provisions and purposes of this article, that the person criminally
    54  responsible will receive substantial economic benefit or unjust  enrich-
    55  ment  from  the  compensation.  In  such  circumstances the award may be

        S. 6606--B                         33                         A. 9706--C
 
     1  reduced or structured in such way as to remove the substantial  economic
     2  benefit or unjust enrichment to such person or the claim may be denied.
     3    § 10. Section 625 of the executive law, as added by chapter 894 of the
     4  laws  of  1966,  subdivision  1 as amended by chapter 115 of the laws of
     5  1981, subdivision 2 as amended by chapter 359 of the laws  of  2001  and
     6  subdivision  4 as amended by chapter 726 of the laws of 1969, is amended
     7  to read as follows:
     8    § 625. Filing of claims. 1. A claim may be filed by a person  eligible
     9  to  receive  an award, as provided in section six hundred twenty-four of
    10  this article, or, if such person is under the age of eighteen years,  an
    11  incompetent,  or  a  conservatee,  by his relative, guardian, committee,
    12  conservator, or attorney.
    13    2. A claim must be filed by the claimant not later than one year after
    14  the occurrence or discovery of the crime upon which such claim is based,
    15  one year after a court finds a lawsuit to be  frivolous,  or  not  later
    16  than  one  year  after  the death of the victim, provided, however, that
    17  upon good cause shown, the  [board]  office  may  extend  the  time  for
    18  filing.  The  [board]  office shall extend the time for filing where the
    19  claimant  received  no  notice   pursuant   to   section   six   hundred
    20  twenty-five-a of this article and had no knowledge of eligibility pursu-
    21  ant to section six hundred twenty-four of this article.
    22    3. Claims shall be filed [in the office of the secretary of the board]
    23  in  person [or], by mail or electronically, in such manner as the office
    24  may prescribe.  The [secretary of the board]  office  shall  accept  for
    25  filing all claims submitted by persons eligible under subdivision one of
    26  this  section  and alleging the jurisdictional requirements set forth in
    27  this article and meeting the requirements as to form in  the  rules  and
    28  regulations  [of  the board] promulgated to carry out the provisions and
    29  purposes of this article.
    30    4. Upon filing of a claim pursuant to this article, the [board] office
    31  shall promptly notify the district attorney of the  county  wherein  the
    32  crime  is  alleged  to  have  occurred.  If,  within ten days after such
    33  notification, such district attorney advises the [board] office  that  a
    34  criminal prosecution is pending upon the same alleged crime and requests
    35  that  action by the [board] office be deferred, the [board] office shall
    36  defer all proceedings under this article until such time as such  crimi-
    37  nal  prosecution  has  been  concluded and shall so notify such district
    38  attorney and the claimant.  When  such  criminal  prosecution  has  been
    39  concluded,  such  district attorney shall promptly so notify the [board]
    40  office.   Nothing in this section  shall  limit  the  authority  of  the
    41  [board] office to grant emergency awards pursuant to section six hundred
    42  thirty of this article.
    43    §  11.  Paragraphs  (e) and (f) of subdivision 1 of section 169 of the
    44  executive law, paragraph (e) as amended by chapter 437 of  the  laws  of
    45  1995,  and  paragraph  (f) as amended by chapter 83 of the laws of 1995,
    46  are amended to read as follows:
    47    (e) chairman of state  athletic  commission,  chairman  and  executive
    48  director of consumer protection board, [member-chairman of crime victims
    49  board]  director  of  the  office  of victim services, chairman of human
    50  rights appeal board, chairman of the industrial board of appeals, chair-
    51  man of the employment relations board, chairman of the state  commission
    52  of  correction,  members  of  the  board of parole, members of the state
    53  racing and wagering board,  member-chairman  of  unemployment  insurance
    54  appeal  board,  director  of veterans' affairs, and vice-chairman of the
    55  workers' compensation board;

        S. 6606--B                         34                         A. 9706--C
 
     1    (f) executive director of adirondack park agency, commissioners of the
     2  state liquor authority, commissioners of the state civil service commis-
     3  sion, members of state commission of correction, members of the  employ-
     4  ment relations board, [members of crime victims board,] members of unem-
     5  ployment   insurance   appeal   board,   and  members  of  the  workers'
     6  compensation board.
     7    § 12. Subdivision 4-b of section 257 of the executive law, as added by
     8  chapter 62 of the laws of 2001, is amended to read as follows:
     9    4-b. It shall be the duty of every probation officer to provide  writ-
    10  ten  notice  to  probationers under the officer's supervision who may be
    11  subject to any requirement to report to the [crime victims board] office
    12  of victim services any funds of a convicted person as defined in section
    13  six hundred thirty-two-a  of  this  chapter,  the  procedures  for  such
    14  reporting and any potential penalty for a failure to comply.
    15    §  13. Subdivision 6-a of section 259-a of the executive law, as added
    16  by chapter 62 of the laws of 2001, is amended to read as follows:
    17    6-a. The division shall have the duty to  provide  written  notice  to
    18  persons  who  are  serving  a term of parole, parole supervision, condi-
    19  tional release or post release supervision of any requirement to  report
    20  to  the  [crime  victims board] office of victim services any funds of a
    21  convicted person as  defined  in  section  [six  hundred  thirty-a]  six
    22  hundred  thirty-two-a  of this chapter, the procedure for such reporting
    23  and any potential penalty for a failure to comply.
    24    § 14. Subdivision 16 of section 259-c of the executive law, as amended
    25  by section 7 of part E of chapter 62 of the laws of 2003 and  as  renum-
    26  bered by chapter 67 of the laws of 2008, is amended to read as follows:
    27    16.  have  the duty to provide written notice to such inmates prior to
    28  release on presumptive release, parole, parole supervision,  conditional
    29  release  or  post  release supervision or pursuant to subdivision six of
    30  section 410.91 of the criminal  procedure  law  of  any  requirement  to
    31  report  to the [crime victims board] office of victim services any funds
    32  of a convicted person as defined in section six hundred thirty-two-a  of
    33  this chapter, the procedure for such reporting and any potential penalty
    34  for a failure to comply.
    35    §  15. Subdivision 1 of section 625-a of the executive law, as amended
    36  by chapter 173 of the laws of 2006, is amended to read as follows:
    37    1. Every police station,  precinct  house,  any  appropriate  location
    38  where a crime may be reported and any location required by the rules and
    39  regulations of the [board] office shall have available informative book-
    40  lets,  pamphlets  and  other  pertinent  written  information, including
    41  information cards, to be supplied by the [board] office, relating to the
    42  availability of  crime  victims  compensation  including  all  necessary
    43  application  blanks  required  to  be  filed with the [board] office and
    44  shall display prominently posters giving notification of  the  existence
    45  and  general  provisions  of this article, those provisions of the penal
    46  law that prohibit the intimidation of crime victims and the location  of
    47  the  nearest  crime victim service program. The [board] office may issue
    48  guidelines for the location of such display and shall  provide  posters,
    49  application  forms,  information  cards  and  general information. Every
    50  victim who reports a crime in  any  manner  whatsoever  shall  be  given
    51  notice  about the rights of crime victims and the existence of all rele-
    52  vant local victim's assistance programs and services pursuant to section
    53  six hundred twenty-five-b of this article, and supplied  by  the  person
    54  receiving  the report with information, application blanks, and informa-
    55  tion cards which shall clearly state: (a)  that  crime  victims  may  be
    56  eligible  for  state  compensation  benefits;  (b) the address and phone

        S. 6606--B                         35                         A. 9706--C

     1  number of the [nearest board]  office;  (c)  that  police  and  district
     2  attorneys  can help protect victims against harassment and intimidation;
     3  (d) the addresses and phone numbers of local  victim  service  programs,
     4  where  appropriate,  or space for inserting that information; or (e) any
     5  other information the [board] office deems appropriate. Such cards shall
     6  be designed by the [board] office in consultation with local police, and
     7  shall be printed and distributed by the  [board]  office.    The  [crime
     8  victims  board]  office shall develop a system for distributing a suffi-
     9  cient supply of the information cards referred to in  this  subdivision,
    10  to all the appropriate designated locations, which shall include a sche-
    11  dule for meeting that requirement.
    12    §  16.  Section 625-b of the executive law, as added by chapter 173 of
    13  the laws of 2006, is amended to read as follows:
    14    § 625-b. Standardized victim notification and verification  procedures
    15  for  police  officers.  1.  The commissioner of the division of criminal
    16  justice services in cooperation with the [crime  victims  board]  office
    17  shall  develop  and  implement  a  standardized  procedure to be used by
    18  police officers, county sheriffs' departments and state police  officers
    19  whereby  victims of crime are notified about the rights of crime victims
    20  and the existence of programs designed to assist crime victims.
    21    2.  In  establishing  a  victims  assistance  notification  procedure,
    22  consideration  shall  be  given  to  (a)  developing a uniform method of
    23  informing victims of crime of their rights and services  available,  (b)
    24  including notification as part of a routine task performed in the course
    25  of  law  enforcement  duties,  and (c) documenting a victim's receipt of
    26  such notice.
    27    3. All state or municipal printed forms for a police primary  investi-
    28  gation  report  shall include a space to indicate that the victim did or
    29  did not receive information on victim's rights,  [crime  victims  board]
    30  office  of  victim  services  assistance  and  relevant local assistance
    31  pursuant to subdivision one of section six hundred twenty-five-a of this
    32  article.
    33    § 17. Subdivisions 1 and 2 of section 626 of the executive law, subdi-
    34  vision 1 as amended by chapter 408 of the laws of 2005 and subdivision 2
    35  as amended by chapter 276 of the laws of 1998, are amended  to  read  as
    36  follows:
    37    1.  Out-of-pocket  loss  shall  mean  unreimbursed  and unreimbursable
    38  expenses or indebtedness reasonably incurred for medical care  or  other
    39  services  necessary  as  a result of the injury upon which such claim is
    40  based, including such expenses incurred as a result of the  exacerbation
    41  of  a  pre-existing  disability or condition directly resulting from the
    42  crime or causally related to the crime. Such  expenses  or  indebtedness
    43  shall  include the cost of counseling for the eligible spouse, grandpar-
    44  ents, parents, stepparents, guardians, brothers, sisters,  stepbrothers,
    45  stepsisters,  children  or  stepchildren of a homicide victim, and crime
    46  victims who have sustained a personal  physical  injury  as  the  direct
    47  result of a crime and the spouse, children or stepchildren of such phys-
    48  ically  injured victim. For the purposes of this subdivision, the victim
    49  of a sex offense as defined in article one hundred thirty of  the  penal
    50  law is presumed to have suffered physical injury. Such counseling may be
    51  provided  by  local  victim  service programs, where available. It shall
    52  also include the cost of residing at or utilizing services  provided  by
    53  shelters  for battered spouses and children who are eligible pursuant to
    54  subdivision two of section six hundred twenty-four of this article,  and
    55  the  cost  of  reasonable  attorneys' fees for representation before the

        S. 6606--B                         36                         A. 9706--C
 
     1  [board] office and/or before the appellate division upon judicial review
     2  not to exceed one thousand dollars.
     3    2.  Out-of-pocket loss shall also include the cost of counseling for a
     4  child victim and the parent, stepparent, grandparent, guardian, brother,
     5  sister, stepbrother or stepsister of  such  victim,  pursuant  to  regu-
     6  lations  [of  the  board]  promulgated  to  carry out the provisions and
     7  purposes of this article.
     8    § 18. Section 627 of the executive law is REPEALED and a  new  section
     9  627 is added to read as follows:
    10    §  627.  Determination of claims. 1. The office shall determine claims
    11  in accordance with rules and regulations promulgated  by  the  director.
    12  Such rules and regulations must provide for:
    13    (a)  written  notification  to  an  applying  victim of their right to
    14  representation by counsel, as well as their potential eligibility for an
    15  award of attorney's fees pursuant to  subdivision  one  of  section  six
    16  hundred twenty-six of this article;
    17    (b)  administrative  procedures regarding the intake and initial proc-
    18  essing of claims, including mandatory timelines for  the  initiation  of
    19  investigation of a properly filed claim;
    20    (c) the investigation and determination of claims regardless of wheth-
    21  er  the  alleged  criminal  has  been  apprehended  or prosecuted for or
    22  convicted of any crime based upon the same incident, or has been acquit-
    23  ted, or found not guilty of the crime  in  question  owing  to  criminal
    24  irresponsibility or other legal exemption;
    25    (d)  the  rebuttable  presumption  that a child reported missing for a
    26  time period exceeding seven days is a victim of a crime;
    27    (e) the generation of a  written  decision  for  each  properly  filed
    28  claim,  and  written  notice to the claimant of the written decision and
    29  their right to a copy of such a decision,  as  well  as  any  rights  to
    30  appeal  that  the claimant may have of the decision and a projected date
    31  of payment in the case of an award to the claimant;
    32    (f) expedited determination of claims with respect to a livery  opera-
    33  tor within thirty days of the date upon which the claim was accepted for
    34  filing,  as  well as standards for awards of loss of earnings or support
    35  granted pursuant to rules and regulations promulgated in accordance with
    36  the provisions of this subdivision and subdivision three of section  six
    37  hundred  thirty-one  of  this  article.  Each award for loss of earnings
    38  pursuant to rules and regulations promulgated in  accordance  with  this
    39  subdivision  made  with  respect  to a claim involving a livery operator
    40  assault victim shall be for such period of time as the office determines
    41  that the livery operator assault victim is unable to work and  has  lost
    42  earnings  as a result of such assault, in an amount not to exceed twenty
    43  thousand dollars. Such award shall be distributed in increments of  five
    44  hundred  dollars  per  week.  Each award for loss of support pursuant to
    45  rules and regulations promulgated in accordance  with  this  subdivision
    46  made with respect to a claim involving a livery operator homicide victim
    47  shall be in the amount of twenty thousand dollars, distributed in incre-
    48  ments of five hundred dollars per week; and
    49    (g)  provisions for any claimant to submit an additional claim for any
    50  loss of earnings or support in excess of the amount awarded pursuant  to
    51  rules  and regulations in accordance with paragraph (f) of this subdivi-
    52  sion, or an additional claim for any other award pursuant to  rules  and
    53  regulations  promulgated  in  accordance with this article, in each case
    54  pursuant to and in accordance with the other provisions of this  article
    55  or  any  rules  and  regulations  promulgated  in accordance thereof and

        S. 6606--B                         37                         A. 9706--C
 
     1  subject to any applicable maximum award limitations  contained  in  this
     2  article.
     3    2.  The claimant may, within thirty days after receipt of the decision
     4  of the office regarding a claim, make an application in writing  to  the
     5  director of the office for reconsideration of such decision.  The direc-
     6  tor, or his or her designee, shall consider such applications in accord-
     7  ance  with  rules  and  regulations  promulgated by the director and may
     8  affirm or modify the decision.  The decision of the director, or his  or
     9  her designee, shall become the final determination of the office regard-
    10  ing the claim.
    11    § 19. Section 628 of the executive law is REPEALED.
    12    § 20. Section 629 of the executive law, as added by chapter 894 of the
    13  laws  of  1966,  subdivision  1 as amended by chapter 688 of the laws of
    14  1985, is amended to read as follows:
    15    § 629. Judicial review. 1. Within fifteen days after  receipt  of  the
    16  copy  of the report containing the final decision of the [board] office,
    17  the comptroller shall, if in his judgment the award is illegal or exces-
    18  sive, notify the [board] office of his conclusion, state the reasons for
    19  that conclusion, and provide specific recommendations for  modification.
    20  Upon  receiving such notification, the [board] office shall have fifteen
    21  days within which to review and either modify or re-affirm its award. If
    22  after such modification or reaffirmation the  comptroller  continues  to
    23  adjudge the award to be illegal or excessive, he may within fifteen days
    24  after receipt of such modification or reaffirmation, commence a proceed-
    25  ing in the appellate division of the supreme court, third department, to
    26  review  the  decision  of the [board] office.   Such proceeding shall be
    27  heard in a summary manner and shall have precedence over all other civil
    28  cases in such court. Any claimant aggrieved by a final decision  of  the
    29  [board]  office may commence a proceeding to review that decision pursu-
    30  ant to article seventy-eight of the civil practice law and rules.
    31    2. Any such proceeding shall be commenced [by the  service  of  notice
    32  thereof upon the claimant and the board in person or by mail] in accord-
    33  ance with the civil practice law and rules.
    34    §  21.  Section 630 of the executive law, as amended by chapter 346 of
    35  the laws of 1986, subdivision 1 as amended by chapter 318 of the laws of
    36  2007, is amended to read as follows:
    37    § 630. Emergency awards. 1. Notwithstanding the provisions of  section
    38  six  hundred  twenty-seven  of this article, if it appears to the [board
    39  member to whom a claim is assigned] office, that such claim is one  with
    40  respect to which an award probably will be made, and undue hardship will
    41  result  to  the  claimant  if immediate payment is not made, [such board
    42  member] the office may make one or more emergency awards to the claimant
    43  pending a final decision of the [board] office or payment of an award in
    44  the case, provided, however, that the total  amount  of  such  emergency
    45  awards  shall not exceed twenty-five hundred dollars. The amount of such
    46  emergency awards shall be deducted from any  final  award  made  to  the
    47  claimant,  and the excess of the amount of any such emergency award over
    48  the amount of the final award, or  the  full  amount  of  any  emergency
    49  awards if no final award is made, shall be repaid by the claimant to the
    50  [board] office.
    51    2.  Notwithstanding the provisions of section six hundred twenty-seven
    52  of this article, local crime victim service programs shall be authorized
    53  to provide emergency awards to  crime  victims  for  essential  personal
    54  property,  medical  treatment,  shelter  costs, security services, coun-
    55  seling and transportation the total amount of such emergency awards  not
    56  to  exceed  five  hundred dollars. These programs shall be reimbursed by

        S. 6606--B                         38                         A. 9706--C

     1  the [board] office, pursuant to the provisions of this article, if it is
     2  subsequently determined that the victim is an eligible  claimant.  Local
     3  crime  victim  service programs shall be authorized to establish special
     4  accounts  for  this purpose. The [board] office shall initiate a program
     5  to assist local crime victim service programs  in  establishing  special
     6  accounts to provide emergency awards, within amounts designated for that
     7  purpose.
     8    §  22.   Subdivisions 1, 1-a, 3, 4, 5, 6, 13, 14, 15 and 16 of section
     9  631 of the executive law, subdivision 1 as amended by chapter 74 of  the
    10  laws  of  2007,  subdivision  1-a as added by chapter 620 of the laws of
    11  1997, subdivisions 3 and 4 as amended by chapter  148  of  the  laws  of
    12  2000, subdivision 5 as amended by chapter 351 of the laws of 1982, para-
    13  graph (c) of subdivision 5 as amended by chapter 74 of the laws of 1986,
    14  paragraph (d) of subdivision 5 as amended by chapter 309  of the laws of
    15  1996,  paragraph  (e)  of subdivision 5 as amended by chapter 763 of the
    16  laws of 1990, subdivision 6 as amended by chapter 810  of  the  laws  of
    17  1983, the opening paragraph of paragraph (a) of subdivision 6 as amended
    18  by  chapter  400 of the laws of 1991, subparagraph 1 of paragraph (b) of
    19  subdivision 6 as amended by chapter 322 of the laws  of  2005,  subpara-
    20  graph  7  of paragraph (b) of subdivision 6 as amended by chapter 309 of
    21  the laws of 1987, subdivision 13 as amended by section 1 of  part  E  of
    22  chapter  56  of the laws of 2009, subdivisions 14, 15 and 16 as added by
    23  chapter 21 of the laws of 2007, are amended to read as follows:
    24    1. No award shall be made unless the [board or  board  member  as  the
    25  case  may  be,]  office  finds  that (a) a crime was committed, (b) such
    26  crime directly resulted in personal physical injury to or the  exacerba-
    27  tion of a preexisting disability, or condition, or death of, the victim,
    28  and (c) criminal justice agency records show that such crime was prompt-
    29  ly  reported  to  the proper authorities; and in no case may an award be
    30  made where the criminal justice agency records show that such report was
    31  made more than one week after the occurrence of such  crime  unless  the
    32  [board]  office,  for  good  cause  shown,  finds the delay to have been
    33  justified; provided, however, in cases involving an alleged sex  offense
    34  as contained in article one hundred thirty of the penal law or incest as
    35  defined  in  section  255.25, 255.26 or 255.27 of the penal law or labor
    36  trafficking as defined in section 135.35 of the penal law or  sex  traf-
    37  ficking  as  defined  in  section  230.34 of the penal law or an offense
    38  chargeable as a family offense as described  in  section  eight  hundred
    39  twelve  of the family court act or section 530.11 of the criminal proce-
    40  dure law, the criminal justice agency report need only be made within  a
    41  reasonable   time  considering  all  the  circumstances,  including  the
    42  victim's physical, emotional and mental condition and family  situation.
    43  For  the  purposes  of this subdivision, "criminal justice agency" shall
    44  include, but not be limited to, a police department, a  district  attor-
    45  ney's  office,  and  any other governmental agency having responsibility
    46  for the enforcement of the criminal laws of the state provided, however,
    47  that in cases involving such sex offense a criminal justice agency shall
    48  also mean a family court, a governmental agency  responsible  for  child
    49  and/or adult protective services pursuant to title six of article six of
    50  the social services law and/or title one of article nine-B of the social
    51  services law, and any medical facility established under the laws of the
    52  state  that provides a forensic physical examination for victims of rape
    53  and sexual assault.
    54    1-a. No award shall be made for a frivolous lawsuit unless the  [board
    55  or  board  member, as the case may be,] office finds that the victim has
    56  been awarded costs pursuant to section eighty-three hundred  three-a  of

        S. 6606--B                         39                         A. 9706--C
 
     1  the  civil practice law and rules and the individual responsible for the
     2  payment of costs is unable to pay such costs provided, however, that  in
     3  no event shall the amount of such costs exceed two thousand five hundred
     4  dollars.
     5    3.  Any  award  made  for  loss  of  earnings or support shall, unless
     6  reduced pursuant to other provisions of this article, be  in  an  amount
     7  equal  to  the  actual  loss  sustained, provided, however, that no such
     8  award shall exceed six hundred dollars for each week of lost earnings or
     9  support.  Awards with respect to livery  operator  victims  pursuant  to
    10  [paragraph  (b)]  paragraphs  (f)  and  (g)  of subdivision [six] one of
    11  section six hundred twenty-seven of this article shall be granted in the
    12  amount and in the manner provided therein. The aggregate award  for  all
    13  such  losses  pursuant  to  this  subdivision, including any awards made
    14  pursuant to [paragraph (b)] paragraphs (f) and (g) of subdivision  [six]
    15  one  of  section  six  hundred  twenty-seven  of this article, shall not
    16  exceed thirty thousand dollars. If there are two or more  persons  enti-
    17  tled  to  an  award  as  a  result of the death of a person which is the
    18  direct result of a crime, the award shall be apportioned by the  [board]
    19  office among the claimants.
    20    4.  Any  award  made  pursuant to this article shall be reduced by the
    21  amount of any payments received or to be received by the claimant  as  a
    22  result  of  the injury (a) from or on behalf of the person who committed
    23  the crime, (b) under insurance programs mandated by law, (c) from public
    24  funds, (d) under any contract of insurance wherein the claimant  is  the
    25  insured  or  beneficiary,  (e) as an emergency award pursuant to section
    26  six hundred thirty of this article. Notwithstanding the foregoing, where
    27  the person injured is a livery operator victim, because  undue  hardship
    28  may  result  to the claimant if immediate payment is not made, any award
    29  pursuant to [paragraph (b)] paragraphs (f) and (g) of subdivision  [six]
    30  one of section six hundred twenty-seven of this article shall be granted
    31  without  reduction for workers' compensation benefits to be received, if
    32  any.
    33    5. (a) In determining the amount of an  award,  the  [board  or  board
    34  member,  as the case may be,] office shall determine whether, because of
    35  his conduct, the victim of such crime contributed to the  infliction  of
    36  his  injury,  and  the  [board  or board member] office shall reduce the
    37  amount of the award or reject the claim altogether, in  accordance  with
    38  such determination.
    39    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    40  sion, the [board or board member, as the  case  may  be,]  office  shall
    41  disregard  for this purpose the responsibility of the victim for his own
    42  injury where the record shows that the person injured was  acting  as  a
    43  good samaritan, as defined in this article.
    44    (c)  Notwithstanding any inconsistent provision of this article, where
    45  the person injured acted as  a  good  samaritan,  the  [board  or  board
    46  member, as the case may be,] office may, without regard to the financial
    47  difficulty of the claimant, make an award for out-of-pocket losses. Such
    48  award  may also include compensation for any loss of property up to five
    49  thousand dollars suffered by the victim during the course of his actions
    50  as a good samaritan.
    51    (d) Notwithstanding any inconsistent provision of this article,  where
    52  a person acted as a good samaritan, and was killed as a direct result of
    53  the  crime,  the [board or the board member, as the case may be,] office
    54  may, without regard to the financial difficulty of the claimant, make  a
    55  lump sum award to such claimant for actual loss of support not to exceed
    56  thirty thousand dollars.

        S. 6606--B                         40                         A. 9706--C
 
     1    (e)  Notwithstanding any inconsistent provision of this article, where
     2  a police officer or firefighter, both  paid  and  volunteer,  dies  from
     3  injuries received in the line of duty as a direct result of a crime, the
     4  [board  or  the  board  member, as the case may be,] office may, without
     5  regard  to  the  financial difficulty of the claimant, make an award for
     6  the unreimbursed counseling expenses of the  eligible  spouse,  parents,
     7  brothers,  sisters  or  children  of  such victim, and/or the reasonable
     8  burial expenses incurred by the claimant.
     9    6. (a) Claims may be approved only if the [board or board  member,  as
    10  the  case  may  be,]  office  finds  that unless the claimant's award is
    11  approved he will suffer financial difficulty.  However,  no  finding  of
    12  financial  difficulty  is required for a claim for an emergency award or
    13  an award less than  five  thousand  dollars.  In  determining  financial
    14  difficulty,  the [board or board member] office shall consider all rele-
    15  vant factors, including but not limited to:
    16    (1) the number of claimant's dependents;
    17    (2) reasonable living expenses of the claimant and his family;
    18    (3) any special health, rehabilitative or  educational  needs  of  the
    19  claimant and his dependents;
    20    (4) the claimant's employment situation including income and potential
    21  earning capacity;
    22    (5)  the claimant's net financial resources after authorized deduction
    23  as provided in paragraphs (b) and (c) of this subdivision;
    24    (6) whether  claimant's  financial  resources  will  become  exhausted
    25  during his lifetime; and
    26    (7)  the  nature  and  the amount of claimant's total debt and liabil-
    27  ities, including the amount of debt incurred or to be  incurred  to  pay
    28  for losses and expenses of the crime, and the extent to which claimant's
    29  essential assets will have to be liquidated.
    30    (b)  Claimant's  net  financial  resources  do not include the present
    31  value of future earnings, and shall be determined by the [board]  office
    32  by  deducting  from  his  total  financial  resources  the value, within
    33  reasonable limits, of the following items:
    34    (1) a homestead, not exceeding five hundred  thousand  dollars,  or  a
    35  total of ten years' rent for a renter;
    36    (2)  personal  property  consisting  of clothing and strictly personal
    37  effects;
    38    (3) household furniture, appliances and equipment;
    39    (4) tools and equipment necessary for the claimant's trade, occupation
    40  or business;
    41    (5) a family automobile;
    42    (6) life insurance, except in death claims; and
    43    (7) retirement, education and  health  plans  or  contributions  to  a
    44  retirement or pension program including but not limited to contributions
    45  to:  (i)  employee  profit  sharing  plans, (ii) employee money purchase
    46  plans, (iii) 401 (k) plans, (iv) simplified employee pensions (SEP), (v)
    47  individual retirement accounts (IRA), (vi)  403  (b)  plans,  (vii)  457
    48  plans,  (viii)  Keogh plans, (self employed), and (ix) any other plan or
    49  account for  which  contributions  are  made  primarily  for  retirement
    50  purposes.
    51    (c)  The  [board  or board member] office, after taking into consider-
    52  ation the claimant's financial resources, may exempt that portion of the
    53  victim's or claimant's annual income required to meet reasonable  living
    54  expenses  and the value of inventory or other property necessary for the
    55  claimant's business or occupation or the production of  income  required
    56  to  meet  reasonable  living  expenses.  In no event shall the aggregate

        S. 6606--B                         41                         A. 9706--C
 
     1  value of exemptions under this paragraph  exceed  one  hundred  thousand
     2  dollars.
     3    (d)  Nothing  contained in this subdivision shall be construed to mean
     4  that the [board] office  must  maintain  the  same  standard  of  living
     5  enjoyed by the claimant prior to the death or injury.
     6    (e)  The  [board] director shall [establish] promulgate such rules and
     7  regulations as are necessary for the implementation of this section.
     8    13. Notwithstanding any other provision of law, rule, or regulation to
     9  the contrary, when any New York state  accredited  hospital,  accredited
    10  sexual  assault  examiner  program,  or  licensed  health  care provider
    11  furnishes services to any sexual assault  survivor,  including  but  not
    12  limited to a health care forensic examination in accordance with the sex
    13  offense  evidence  collection  protocol and standards established by the
    14  department of health, such hospital, sexual assault examiner program, or
    15  licensed healthcare provider shall provide such services to  the  person
    16  without  charge  and shall bill the [board] office directly. The [board]
    17  office, in consultation with the department of health, shall define  the
    18  specific  services  to  be  covered  by the sexual assault forensic exam
    19  reimbursement fee, which must include at  a  minimum  forensic  examiner
    20  services,  hospital or healthcare facility services related to the exam,
    21  and related laboratory tests and pharmaceuticals. Follow-up HIV post-ex-
    22  posure prophylaxis costs shall continue to be  reimbursed  according  to
    23  established  [board]  office procedure. The [board] office, in consulta-
    24  tion with the department of health, shall also  generate  the  necessary
    25  regulations  and  forms for the direct reimbursement procedure. The rate
    26  for reimbursement shall be the amount of itemized charges not  exceeding
    27  eight  hundred  dollars,  to  be  reviewed  and adjusted annually by the
    28  [board] office in consultation with the department of health. The hospi-
    29  tal, sexual assault examiner program, or licensed health  care  provider
    30  must accept this fee as payment in full for these specified services. No
    31  additional  billing  of the survivor for said services is permissible. A
    32  sexual assault survivor may voluntarily  assign  any  private  insurance
    33  benefits  to  which  she  or  he is entitled for the healthcare forensic
    34  examination, in which case the hospital or healthcare provider  may  not
    35  charge  the [board] office.  A hospital, sexual assault examiner program
    36  or licensed health care provider shall,  at  the  time  of  the  initial
    37  visit,  request  assignment  of any private health insurance benefits to
    38  which the sexual assault survivor is entitled on a  form  prescribed  by
    39  the  [board]  office;  provided,  however,  such sexual assault survivor
    40  shall be advised orally and in writing that he or  she  may  decline  to
    41  provide  such information regarding private health insurance benefits if
    42  he or she believes that the provision of such information would substan-
    43  tially interfere with his or her personal privacy or safety and in  such
    44  event, the sexual assault forensic exam fee shall be paid by the [board]
    45  office.  Such sexual assault survivor shall also be advised that provid-
    46  ing such  information  may  provide  additional  resources  to  pay  for
    47  services  to  other  sexual  assault  victims.  If he or she declines to
    48  provide such health insurance information, he or she shall indicate such
    49  decision on the form provided by the hospital, sexual  assault  examiner
    50  program or licensed health care provider, which form shall be prescribed
    51  by the [board] office.
    52    14.  Notwithstanding any inconsistent provision of this article, where
    53  a victim dies from injuries received as a direct  result  of  the  World
    54  Trade  Center terrorist attacks on September eleventh, two thousand one,
    55  the [board or the board member, as the case may be,] office may make  an
    56  award  for  the  unreimbursed and unreimbursable expense or indebtedness

        S. 6606--B                         42                         A. 9706--C
 
     1  reasonably incurred for the cost of counseling for the eligible  spouse,
     2  grandparents,  parents, stepparents, guardians, brothers, sisters, step-
     3  brothers, stepsisters, children, or stepchildren  of  such  victim.  Any
     4  award  for such expense incurred on or before December thirty-first, two
     5  thousand seven, shall be made without regard to the financial difficulty
     6  of the claimant.
     7    15. Notwithstanding any inconsistent provision of this article,  where
     8  a victim is injured as a direct result of the World Trade Center terror-
     9  ist  attacks  on September eleventh, two thousand one, the [board or the
    10  board member, as the case may be,] office may  make  an  award  for  the
    11  unreimbursed  and  unreimbursable  expense  or  indebtedness  reasonably
    12  incurred by the claimant for medical care or counseling services  neces-
    13  sary  as  a result of such injury. Any award for such expense or indebt-
    14  edness incurred on or before December thirty-first, two thousand  seven,
    15  shall  be  made without regard to the financial difficulty of the claim-
    16  ant.
    17    16. Notwithstanding any inconsistent provision of  this  article,  and
    18  without  regard  to  the  financial  difficulty of the claimant, where a
    19  victim dies from injuries received as a direct result of the World Trade
    20  Center terrorist attacks on September eleventh, two  thousand  one,  the
    21  [board  or  the  board  member,  as the case may be,] office may make an
    22  award of reasonable burial expenses for such victim.
    23    § 23. Subdivision 2 of section 632 of the executive law, as amended by
    24  chapter 115 of the laws of 1981, is amended to read as follows:
    25    2. Where a person entitled to receive an award is a person  under  the
    26  age  of  eighteen years, an incompetent, or a conservatee, the award may
    27  be paid to a relative, guardian, committee, conservator, or attorney  of
    28  such  person  on  behalf  of and for the benefit of such person. In such
    29  case the payee shall be required to file a periodic  accounting  of  the
    30  award  with  the  [board]  office  and  to take such other action as the
    31  [board] office shall determine is  necessary  and  appropriate  for  the
    32  benefit  of  the  person under the age of eighteen years, incompetent or
    33  conservatee.
    34    § 24. Section 632-a of the executive law, as amended by chapter 62  of
    35  the laws of 2001, is amended to read as follows:
    36    § 632-a. Crime victims. 1. For the purposes of this section:
    37    (a)  "Crime" means (i) any felony defined in the laws of the state; or
    38  (ii) an offense in any jurisdiction which includes all of the  essential
    39  elements  of  any  felony defined in the laws of this state and: (A) the
    40  crime victim, as defined in subparagraph (i) of paragraph  (d)  of  this
    41  subdivision,  was a resident of this state at the time of the commission
    42  of the offense; or (B) the act or acts constituting the offense occurred
    43  in whole or in part in this state.
    44    (b) "Profits from a crime" means (i) any property obtained through  or
    45  income  generated  from the commission of a crime of which the defendant
    46  was convicted; (ii) any property obtained by or  income  generated  from
    47  the  sale,  conversion or exchange of proceeds of a crime, including any
    48  gain realized by such sale, conversion or exchange; and (iii) any  prop-
    49  erty  which  the  defendant  obtained or income generated as a result of
    50  having committed the crime, including any assets  obtained  through  the
    51  use  of unique knowledge obtained during the commission of, or in prepa-
    52  ration for the commission of, a crime, as well as any property  obtained
    53  by  or  income  generated  from the sale, conversion or exchange of such
    54  property and any gain realized by such sale, conversion or exchange.
    55    (c) "Funds of  a  convicted  person"  means  all  funds  and  property
    56  received  from any source by a person convicted of a specified crime, or

        S. 6606--B                         43                         A. 9706--C
 
     1  by the representative of such person as defined in  subdivision  six  of
     2  section  six  hundred twenty-one of this article excluding child support
     3  and earned income, where such person:
     4    (i) is an inmate serving a sentence with the department of correction-
     5  al  services  or a prisoner confined at a local correctional facility or
     6  federal correctional institute, and includes funds  that  a  superinten-
     7  dent,  sheriff  or municipal official receives on behalf of an inmate or
     8  prisoner and deposits in an inmate account to the credit of  the  inmate
     9  pursuant  to section one hundred sixteen of the correction law or depos-
    10  its in a prisoner account to the credit  of  the  prisoner  pursuant  to
    11  section five hundred-c of the correction law; or
    12    (ii)  is  not  an  inmate or prisoner but who is serving a sentence of
    13  probation or conditional discharge or is presently subject to an undisc-
    14  harged indeterminate, determinate or definite term  of  imprisonment  or
    15  period  of  post-release  supervision or term of supervised release, but
    16  shall include earned income earned during a period in which such  person
    17  was  not  in  compliance  with  the  conditions of his or her probation,
    18  parole, conditional release, period of post-release supervision  by  the
    19  division  of parole or term of supervised release with the United States
    20  probation office or United States parole  commission.  For  purposes  of
    21  this  subparagraph,  such period of non-compliance shall be measured, as
    22  applicable, from the earliest date  of  delinquency  determined  by  the
    23  board or division of parole, or from the earliest date on which a decla-
    24  ration  of delinquency is filed pursuant to section 410.30 of the crimi-
    25  nal procedure law and thereafter sustained, or from the earliest date of
    26  delinquency determined in accordance with applicable federal law,  rules
    27  or  regulations, and shall continue until a final determination sustain-
    28  ing the violation has been made by the trial court, board or division of
    29  parole, or appropriate federal authority; or
    30    (iii) is no longer subject to a sentence of probation  or  conditional
    31  discharge or indeterminate, determinate or definite term of imprisonment
    32  or period of post-release supervision or term of supervised release, and
    33  where within the previous three years: the full or maximum term or peri-
    34  od  terminated  or  expired  or such person was granted a discharge by a
    35  board of parole pursuant to applicable law, or granted  a  discharge  or
    36  termination  from  probation  pursuant  to  applicable  law or granted a
    37  discharge or termination under applicable federal or state law, rules or
    38  regulations prior to the expiration of such  full  or  maximum  term  or
    39  period;  and  includes  only:  (A)  those funds paid to such person as a
    40  result of any interest, right, right of  action,  asset,  share,  claim,
    41  recovery  or  benefit  of  any  kind  that  the person obtained, or that
    42  accrued in favor of  such  person,  prior  to  the  expiration  of  such
    43  sentence,  term  or  period;  (B)  any  recovery or award collected in a
    44  lawsuit after expiration of such sentence where the right  or  cause  of
    45  action  accrued prior to the expiration or service of such sentence; and
    46  (C) earned income earned during a period in which such person was not in
    47  compliance with the conditions of his or her probation,  parole,  condi-
    48  tional  release,  period  of post-release supervision by the division of
    49  parole or term of supervised release with the  United  States  probation
    50  office or United States parole commission. For purposes of this subpara-
    51  graph,  such  period of non-compliance shall be measured, as applicable,
    52  from the earliest date of delinquency determined by the board  or  divi-
    53  sion  of  parole,  or  from  the earliest date on which a declaration of
    54  delinquency is filed pursuant to section 410.30 of the  criminal  proce-
    55  dure  law  and thereafter sustained, or from the earliest date of delin-
    56  quency determined in accordance with applicable federal  law,  rules  or

        S. 6606--B                         44                         A. 9706--C
 
     1  regulations,  and  shall continue until a final determination sustaining
     2  the violation has been made by the trial court,  board  or  division  of
     3  parole, or appropriate federal authority.
     4    (d) "Crime victim" means (i) the victim of a crime; (ii) the represen-
     5  tative  of  a  crime victim as defined in subdivision six of section six
     6  hundred twenty-one of this article; (iii) a good samaritan as defined in
     7  subdivision seven of section six hundred  twenty-one  of  this  article;
     8  (iv)  the  [crime  victims  board]  office  of  victim services or other
     9  governmental agency that has received an  application  for  or  provided
    10  financial assistance or compensation to the victim.
    11    (e) (i) "Specified crime" means:
    12    (A)  a violent felony offense as defined in subdivision one of section
    13  70.02 of the penal law;
    14    (B) a class B felony offense defined in the penal law;
    15    (C) an offense for which a merit time allowance may  not  be  received
    16  against  the  sentence  pursuant  to paragraph (d) of subdivision one of
    17  section eight hundred three of the correction law;
    18    (D) an offense defined in the penal law that is titled in such law  as
    19  a felony in the first degree;
    20    (E)  grand  larceny in the fourth degree as defined in subdivision six
    21  of section 155.30 or grand larceny in the second degree  as  defined  in
    22  section 155.40 of the penal law;
    23    (F)  criminal  possession  of  stolen property in the second degree as
    24  defined in section 165.52 of the penal law; or
    25    (G) an offense in any jurisdiction which includes all of the essential
    26  elements of any of the crimes specified in clauses (A)  through  (F)  of
    27  this subparagraph and either the crime victim as defined in subparagraph
    28  (i) of paragraph (d) of this subdivision was a resident of this state at
    29  the  time of the commission of the offense or the act or acts constitut-
    30  ing the crime occurred in whole or in part in this state.
    31    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
    32  graph  a  "specified crime" shall not mean or include an offense defined
    33  in any of the following articles of the penal law: articles one  hundred
    34  fifty-eight,  one hundred seventy-eight, two hundred twenty, two hundred
    35  twenty-one, two hundred twenty-five, and two hundred thirty.
    36    (f) "Earned income" means income  derived  from  one's  own  labor  or
    37  through  active participation in a business as distinguished from income
    38  from, for example, dividends or investments.
    39    2. (a) Every person, firm, corporation,  partnership,  association  or
    40  other legal entity, or representative of such person, firm, corporation,
    41  partnership, association or entity, which knowingly contracts for, pays,
    42  or  agrees  to pay: (i) any profits from a crime as defined in paragraph
    43  (b) of subdivision one of this section, to  a  person  charged  with  or
    44  convicted  of  that  crime,  or  to the representative of such person as
    45  defined in subdivision six of section six  hundred  twenty-one  of  this
    46  article;  or  (ii)  any funds of a convicted person, as defined in para-
    47  graph (c) of subdivision one of this section, where such  conviction  is
    48  for  a  specified crime and the value, combined value or aggregate value
    49  of the payment or payments of such funds  exceeds  or  will  exceed  ten
    50  thousand dollars, shall give written notice to the [crime victims board]
    51  office  of the payment or obligation to pay as soon as practicable after
    52  discovering that the payment or  intended  payment  constitutes  profits
    53  from a crime or funds of a convicted person.
    54    (b)  Notwithstanding subparagraph (ii) of paragraph (a) of this subdi-
    55  vision, whenever the payment or obligation to pay involves  funds  of  a
    56  convicted  person  that  a superintendent, sheriff or municipal official

        S. 6606--B                         45                         A. 9706--C
 
     1  receives or will receive on behalf [on] of an inmate serving a  sentence
     2  with  the  department of correctional services or prisoner confined at a
     3  local correctional facility and deposits or will deposit  in  an  inmate
     4  account  to  the  credit  of  the inmate or in a prisoner account to the
     5  credit of the prisoner, and the value, combined value or aggregate value
     6  of such funds exceeds or will exceed ten thousand  dollars,  the  super-
     7  intendent,  sheriff or municipal official shall also give written notice
     8  to the [crime victims board] office.
     9    Further, whenever the state or subdivision of the state makes  payment
    10  or  has  an obligation to pay funds of a convicted person, as defined in
    11  subparagraph (ii) or (iii) of paragraph (c) of subdivision one  of  this
    12  section,  and the value, combined value or aggregate value of such funds
    13  exceeds or will exceed ten thousand dollars, the state or subdivision of
    14  the state shall also give written notice to the  [crime  victims  board]
    15  office.
    16    In all other instances where the payment or obligation to pay involves
    17  funds of a convicted person, as defined in subparagraph (ii) or (iii) of
    18  paragraph  (c)  of  subdivision  one  of  this  section,  and the value,
    19  combined value or aggregate value of such funds exceeds or  will  exceed
    20  ten  thousand dollars, the convicted person who receives or will receive
    21  such funds, or the representative of such person as defined in  subdivi-
    22  sion  six  of section six hundred twenty-one of this article, shall give
    23  written notice to the [crime victims board] office.
    24    (c) The [board] office, upon receipt  of  notice  of  a  contract,  an
    25  agreement  to  pay  or  payment  of  profits  from a crime or funds of a
    26  convicted person pursuant to paragraph (a) or (b) of  this  subdivision,
    27  or upon receipt of notice of funds of a convicted person from the super-
    28  intendent,  sheriff  or  municipal  official  of  the facility where the
    29  inmate or prisoner is confined pursuant to section one  hundred  sixteen
    30  or  five  hundred-c  of the correction law, shall notify all known crime
    31  victims of the existence of such profits or funds at  their  last  known
    32  address.
    33    3.  Notwithstanding  any inconsistent provision of the estates, powers
    34  and trusts law or the civil practice law and rules with respect  to  the
    35  timely  bringing  of an action, any crime victim shall have the right to
    36  bring a civil action in a court of  competent  jurisdiction  to  recover
    37  money  damages  from  a  person  convicted of a crime of which the crime
    38  victim is a victim, or the  representative  of  that  convicted  person,
    39  within three years of the discovery of any profits from a crime or funds
    40  of  a  convicted  person,  as  those  terms are defined in this section.
    41  Notwithstanding any other provision of law to the contrary,  a  judgment
    42  obtained  pursuant  to this section shall not be subject to execution or
    43  enforcement against the first  one  thousand  dollars  deposited  in  an
    44  inmate  account  to  the  credit  of  the inmate pursuant to section one
    45  hundred sixteen of the correction law or in a prisoner  account  to  the
    46  credit  of  the  prisoner  pursuant  to  section  five  hundred-c of the
    47  correction law. In addition, where the civil action involves funds of  a
    48  convicted  person  and such funds were recovered by the convicted person
    49  pursuant to a judgment obtained in a civil action, a  judgment  obtained
    50  pursuant  to this section may not be subject to execution or enforcement
    51  against a portion thereof in accordance with subdivision (k) of  section
    52  fifty-two hundred five of the civil practice law and rules. If an action
    53  is  filed pursuant to this subdivision after the expiration of all other
    54  applicable statutes of limitation, any other crime victims must file any
    55  action for damages as a result of the crime within three  years  of  the
    56  actual  discovery  of  such  profits  or funds, or within three years of

        S. 6606--B                         46                         A. 9706--C
 
     1  actual notice received from or notice published by  the  [crime  victims
     2  board] office of such discovery, whichever is later.
     3    4.  Upon  filing  an  action  pursuant  to  subdivision  three of this
     4  section, the crime victim shall give notice to the [crime victims board]
     5  office of the filing by delivering a copy of the summons  and  complaint
     6  to  the  [board] office.   The crime victim may also give such notice to
     7  the [board] office prior to filing the action so as to allow the [board]
     8  office to apply for  any  appropriate  provisional  remedies  which  are
     9  otherwise  authorized  to  be  invoked  prior  to the commencement of an
    10  action.
    11    5. Upon receipt of a copy of a summons and complaint, or upon  receipt
    12  of  notice  from the crime victim prior to filing the action as provided
    13  in subdivision four of this section, the [board] office shall immediate-
    14  ly take such actions as are necessary to:
    15    (a) notify all other known crime victims of the alleged  existence  of
    16  profits  from  a crime or funds of a convicted person by certified mail,
    17  return receipt requested, where the victims'  names  and  addresses  are
    18  known by the [board] office;
    19    (b)  publish,  at least once every six months for three years from the
    20  date it is initially notified by a victim, pursuant to subdivision  four
    21  of  this section, a legal notice in newspapers of general circulation in
    22  the county wherein the crime was committed and in counties contiguous to
    23  such county advising any crime victims of the existence of profits  from
    24  a crime or funds of a convicted person. For crimes committed in a county
    25  located  within  a  city having a population of one million or more, the
    26  notice shall be published in newspapers having  general  circulation  in
    27  such  city.  The [board] office may, in its discretion, provide for such
    28  additional notice as it deems necessary;
    29    (c) avoid the wasting of the assets identified in the complaint as the
    30  newly discovered profits from a crime or as funds of a convicted person,
    31  in any manner consistent with subdivision six of this section.
    32    6. The [board] office, acting on behalf of the plaintiff and all other
    33  victims, shall have the right to apply for any and all provisional reme-
    34  dies that are also otherwise available to the plaintiff.
    35    (a) The provisional remedies of attachment,  injunction,  receivership
    36  and  notice of pendency available to the plaintiff under the civil prac-
    37  tice law and rules, shall also be available to the [board] office in all
    38  actions under this section.
    39    (b) On a motion for a provisional remedy, the moving party shall state
    40  whether any other provisional remedy has previously been sought  in  the
    41  same action against the same defendant. The court may require the moving
    42  party  to  elect  between  those remedies to which it would otherwise be
    43  entitled.
    44    7. (a) (i) Whenever it appears that a person or entity  has  knowingly
    45  and willfully failed to give notice in violation of paragraph (a) or (b)
    46  of  subdivision two of this section, other than the state, a subdivision
    47  of the state, or a person who is a superintendent, sheriff or  municipal
    48  official required to give notice pursuant to this section or section one
    49  hundred  sixteen  or  section  five hundred-c of the correction law, the
    50  [board] office shall be authorized to serve a notice of hearing upon the
    51  person or entity by personal service or by registered or certified mail.
    52  The notice shall contain the time, place and purpose of the hearing.  In
    53  addition,  the  notice shall be accompanied by a petition alleging facts
    54  of an evidentiary character that support or tend  to  support  that  the
    55  person  or entity, who shall be named therein as a respondent, knowingly
    56  and willfully failed to give notice in violation of paragraph (a) or (b)

        S. 6606--B                         47                         A. 9706--C
 
     1  of subdivision two of this section. Service of the notice  and  petition
     2  shall take place at least fifteen days prior to the date of the hearing.
     3    (ii)  The  [chairperson  of the board,] director or any [board member]
     4  individual designated by the [chairperson] director, shall preside  over
     5  the  hearing[.  The presiding member], shall administer oaths [and], may
     6  issue subpoenas[. The presiding member] and shall not be  bound  by  the
     7  rules of evidence or civil procedure, but his or her determination shall
     8  be  based on a preponderance of the evidence. At the hearing, the burden
     9  of proof shall be on the [board, which shall be represented by the coun-
    10  sel to the board or another person designated by the board] office.  The
    11  [board] office shall produce witnesses and present evidence  in  support
    12  of  the  alleged violation, which may include relevant hearsay evidence.
    13  The respondent, who may appear personally at the hearing, shall have the
    14  right of counsel and may cross-examine witnesses  and  produce  evidence
    15  and  witnesses  in his or her behalf, which may include relevant hearsay
    16  evidence. The issue of  whether  the  person  who  received  an  alleged
    17  payment or obligation to pay committed the underlying crime shall not be
    18  re-litigated  at the hearing. Where the alleged violation is the failure
    19  to give notice of a payment amount involving two or  more  payments  the
    20  combined value or aggregate value of which exceeds ten thousand dollars,
    21  no  violation  shall be found unless it is shown that such payments were
    22  intentionally structured to  conceal  their  character  as  funds  of  a
    23  convicted person, as defined in this section.
    24    (iii)  At  the  conclusion  of  the hearing, if the [presiding member]
    25  director or designated individual is  not  satisfied  that  there  is  a
    26  preponderance of evidence in support of a violation, the [member] direc-
    27  tor or designated individual shall dismiss the petition. If the [presid-
    28  ing member] director or designated individual is satisfied that there is
    29  a  preponderance  of  the  evidence that the respondent committed one or
    30  more violations, the [member] director or designated individual shall so
    31  find. Upon such a finding, the [presiding member] director or designated
    32  individual shall prepare a written statement, to be  made  available  to
    33  the  respondent and respondent's counsel, indicating the evidence relied
    34  on and the reasons for finding the violation.
    35    (iv) The [board] director shall adopt, promulgate,  amend  and  repeal
    36  administrative  rules  and  regulations  governing  the procedures to be
    37  followed with respect to hearings, including rules and  regulations  for
    38  the administrative appeal of a decision made pursuant to this paragraph,
    39  provided  such  rules and regulations are consistent with the provisions
    40  of this subdivision.
    41    (b)(i) Whenever it is found pursuant to paragraph (a) of this subdivi-
    42  sion that a respondent knowingly and willfully failed to give notice  in
    43  violation  of  paragraph  (a) or (b) of subdivision two of this section,
    44  the [board] office shall impose an assessment of up to the amount of the
    45  payment or obligation to pay and a civil penalty of up to  one  thousand
    46  dollars or ten percent of the payment or obligation to pay, whichever is
    47  greater.  If  a respondent fails to pay the assessment and civil penalty
    48  imposed pursuant to this paragraph, the assessment and civil penalty may
    49  be recovered from the respondent by an action brought  by  the  attorney
    50  general,  upon the request of the [board] office, in any court of compe-
    51  tent jurisdiction. The [board] office shall deposit the assessment in an
    52  escrow account pending the expiration of the three year statute of limi-
    53  tations authorized by subdivision three of this section to preserve such
    54  funds to satisfy a civil judgment in favor of a person who is  a  victim
    55  of  a  crime  committed  by the convicted person to whom such failure to
    56  give notice relates. The [board] office shall pay the civil  penalty  to

        S. 6606--B                         48                         A. 9706--C
 
     1  the  state comptroller who shall deposit the money in the state treasury
     2  pursuant to section one hundred twenty-one of the state finance  law  to
     3  the  credit  of  the criminal justice improvement account established by
     4  section ninety-seven-bb of the state finance law.
     5    (ii)  The  [board]  office shall then notify any crime victim or crime
     6  victims, who may have a claim  against  the  convicted  person,  of  the
     7  existence  of  such  moneys.  Such  notice shall instruct such person or
     8  persons that they may have a right to commence a  civil  action  against
     9  the  convicted person, as well as any other information deemed necessary
    10  by the [board] office.
    11    (iii) Upon a crime victim's presentation to the [board]  office  of  a
    12  civil  judgment  for  damages  incurred  as  a  result of the crime, the
    13  [board] office shall satisfy up to one hundred percent of that judgment,
    14  including costs and disbursements as taxed by the clerk  of  the  court,
    15  with  the  escrowed  fund obtained pursuant to this paragraph, but in no
    16  event shall the amount of all judgments, costs and disbursements  satis-
    17  fied  from such escrowed funds exceed the amount in escrow. If more than
    18  one such crime victim indicates to the [board] office that  they  intend
    19  to  commence  or  have  commenced  a  civil action against the convicted
    20  person, the [board] office shall delay satisfying  any  judgment,  costs
    21  and disbursements until the claims of all such crime victims are reduced
    22  to  judgment.  If the aggregate of all judgments, costs and disbursement
    23  obtained exceeds the amount  of  escrowed  funds,  the  amount  used  to
    24  partially satisfy each judgment shall be reduced to a pro rata share.
    25    (iv)  After expiration of the three year statute of limitations period
    26  established in subdivision three of this  section,  the  [board]  office
    27  shall  review  all judgments that have been satisfied from such escrowed
    28  funds. In the event no claim was filed or judgment obtained prior to the
    29  expiration of the three year statute of limitations, the [board]  office
    30  shall return the escrowed amount to the respondent. In the event a claim
    31  or  claims  are pending at the expiration of the statute of limitations,
    32  such funds shall remain escrowed until the final  determination  of  all
    33  such  claims  to  allow the [board] office to satisfy any judgment which
    34  may be obtained by the crime victim. Upon the final determination of all
    35  such claims and the satisfaction of up to one hundred  percent  of  such
    36  claims  by the [board] office, the [board] office shall be authorized to
    37  impose an additional civil penalty of up to one thousand dollars or  ten
    38  percent of the payment or obligation to pay, whichever is greater. Prior
    39  to  imposing  any  such penalty, the [board] office shall serve a notice
    40  upon the respondent by personal service or by  registered  or  certified
    41  mail  of  the intent of the [board] office to impose such penalty thirty
    42  days after the date of the notice  and  of  the  opportunity  to  submit
    43  documentation  concerning  the  [board's]  office's determination. After
    44  imposing and deducting any such additional civil  penalty,  the  [board]
    45  office  shall  distribute  such  remaining  escrowed  funds,  if any, as
    46  follows:  fifty percent to the state comptroller, who shall deposit  the
    47  money  in  the state treasury pursuant to section one hundred twenty-one
    48  of the state finance law to the credit of the criminal justice  improve-
    49  ment account established by section ninety-seven-bb of the state finance
    50  law; and fifty percent to the respondent.
    51    (v)  Notwithstanding  any  provision  of  law, an alleged failure by a
    52  convicted person to give notice under this section  may  not  result  in
    53  proceedings  for  an  alleged  violation of the conditions of probation,
    54  parole, conditional release,  post  release  supervision  or  supervised
    55  release  unless:  one or more claims were made by a crime victim against
    56  the convicted person pursuant to this section, and  the  [crime  victims

        S. 6606--B                         49                         A. 9706--C

     1  board]  office  imposes  an assessment and/or penalty upon the convicted
     2  person pursuant to this section, and the convicted person fails  to  pay
     3  the  total  amount of the assessment and/or penalty within sixty days of
     4  the imposition of such assessment and/or penalty.
     5    (vi)  Records  maintained by the [board] office and proceedings by the
     6  [board or a board member] office based thereon regarding a claim submit-
     7  ted by a victim or a claimant shall be deemed confidential,  subject  to
     8  the  exceptions  that  appear  in subdivision one of section six hundred
     9  thirty-three of this article.
    10    § 25. Section 633 of the executive law, as added by chapter 64 of  the
    11  laws of 1998, is amended to read as follows:
    12    §  633.  Confidentiality  of  records.  1.  Records  maintained by the
    13  [board] office and proceedings by [the board  or  a  board  member]  the
    14  office based thereon regarding a claim submitted by a victim or a claim-
    15  ant shall be deemed confidential with the following exceptions:
    16    (a)  requests  for  information based upon legitimate criminal justice
    17  purposes;
    18    (b) judicial subpoenas;
    19    (c) requests for information by the victim or claimant or his  or  her
    20  authorized representative;
    21    (d)  for  purposes necessary and proper for the administration of this
    22  article.
    23    2. All other records, including but not limited to, records maintained
    24  pursuant to sections six hundred thirty-one-a and  six  hundred  thirty-
    25  two-a  of  this article and proceedings by [the board or a board member]
    26  the office based thereon shall be public record.
    27    3. Any report or record obtained by the [board] office, the  confiden-
    28  tiality  of  which  is  protected  by any other law or regulation, shall
    29  remain confidential subject to such law or regulation.
    30    § 26. Section 634 of the executive law, as amended by chapter  513  of
    31  the laws of 1982, subdivision 1 as amended and subdivision 6 as added by
    32  chapter  477  of  the  laws  of  1986, paragraph (c) of subdivision 1 as
    33  amended by chapter 397 of the laws  of  1993,  is  amended  to  read  as
    34  follows:
    35    § 634. Subrogation.  1.  (a)  Acceptance  of an award made pursuant to
    36  this article shall subrogate the state, to the extent of such award,  to
    37  any  right  or right of action accruing to the claimant or the victim to
    38  recover payments on account of losses  resulting  from  the  crime  with
    39  respect  to  which  the award is made. Upon the payment of an award, the
    40  [board] office may, by writing, notify the claimant that  such  claimant
    41  has  ninety  days, or thirty days prior to the date of expiration of the
    42  applicable statute of limitations, whichever period is  shorter,  within
    43  which  to  commence  an  action against his assailant or any third party
    44  who, as a result of the crime, may be liable in damages to the claimant.
    45  If the claimant fails to commence an action  within  the  time  provided
    46  herein,  such  failure  shall, after written notification by the [board]
    47  office to the claimant, operate as an assignment of the claimant's cause
    48  of action against the assailant or such other third party to the  state;
    49  provided,  however,  that should the claimant's cause of action be in an
    50  amount in excess of the [board's] office's award, such assignment  shall
    51  be  for only that portion of the cause of action which equals the amount
    52  of the award.
    53    (b) The [crime victims board] office of victim services  shall  review
    54  those claims that have been approved by the [board] office and that have
    55  resulted  in  an award in excess of one thousand dollars for the purpose
    56  of identifying those causes of action  that  are  likely  to  result  in

        S. 6606--B                         50                         A. 9706--C
 
     1  recovery  of the state's payment to the victim. The [board] office shall
     2  submit a list of these claims on a monthly basis to the attorney general
     3  with all necessary information relating to the  case  including  whether
     4  the  [claiment's]  claimant's  cause  of action has been assigned to the
     5  [board] office.
     6    (c) The attorney general may commence an action against the  defendant
     7  convicted of the crime or third party for money damages to the extent of
     8  the award paid, and the claimant shall retain a right of action, subject
     9  to  defenses, to recover damages for the full amount of loss incurred by
    10  him as a result of the crime less the amount assigned to  the  state  by
    11  operation  of  this  subdivision. Notwithstanding any other provision of
    12  law, an action brought by the attorney general pursuant  to  this  para-
    13  graph  against  the  defendant  convicted of the crime must be commenced
    14  within seven years of the crime or pursuant to the time  frames  author-
    15  ized  in  subdivision  three of section six hundred thirty-two-a of this
    16  article.  A claimant who retains such right of action shall be permitted
    17  to intervene in any action brought pursuant to this subdivision  by  the
    18  attorney  general.  Any  action  brought  by the attorney general may be
    19  compromised or settled provided the attorney  general  and  the  [board]
    20  office find that such action is in the best interests of the state.
    21    2. Acceptance of an award made pursuant to this article shall create a
    22  lien  in  favor  of  the  state on the proceeds of any recovery from the
    23  person or persons liable for the injury or  death  giving  rise  to  the
    24  award  by  the [board] office, whether by judgment, settlement or other-
    25  wise, after the deduction of the reasonable and necessary  expenditures,
    26  including  attorney's  fees, incurred in effecting such recovery, to the
    27  total amount of the award made by the [board] office.   Such lien  shall
    28  attach  to  any  moneys  received  or  to be received by the claimant or
    29  victim on account of losses resulting from the crime. Should the  claim-
    30  ant  or  victim  secure a recovery from the person or persons liable for
    31  the injury or death giving rise to the  award  by  the  [board]  office,
    32  whether  by  judgment,  settlement or otherwise, such claimant may, upon
    33  notice to the [board] office, apply to the court in which the action was
    34  instituted, or to any court of competent jurisdiction if no  action  was
    35  instituted,  for  an  order  apportioning  the  reasonable and necessary
    36  expenditures, including attorney's  fees,  incurred  in  effecting  such
    37  recovery.  Such expenditures shall be equitably apportioned by the court
    38  between the claimant and the [board] office. A copy of such  lien  shall
    39  be mailed to the clerk of the county within which the crime occurred and
    40  such  clerk  will  file  the  copy in accordance with the duties of such
    41  clerk as set forth in section five hundred  twenty-five  of  the  county
    42  law.  The  amount  of  such  lien  may  be compromised or settled by the
    43  [board] office provided the [board] office finds that such action is  in
    44  the  best  interests  of the state, or payment of the full amount of the
    45  lien to the state would cause undue hardship for the victim.
    46    3. Any claimant who has received an award under this article,  or  his
    47  guardian,  judicially  appointed personal representative, or his estate,
    48  who brings an action for damages against the person  or  persons  liable
    49  for  the  injury  or death giving rise to an award by the [board] office
    50  under this article shall give written notice to the  [board]  office  of
    51  the  commencement  of  such action at the time such action is commenced.
    52  Such notice shall be served personally  or  by  certified  mail,  return
    53  receipt requested.
    54    4. The attorney general may intervene, as of right, in any such action
    55  on  behalf  of  the  state of New York for the purpose of recovering the

        S. 6606--B                         51                         A. 9706--C
 
     1  subrogated interest due the state of New York under  the  provisions  of
     2  this article.
     3    5. The [board] director shall adopt rules and regulations to carry out
     4  the provisions and purposes of this section.
     5    6. The [board] office shall compile information on the number of cases
     6  submitted  to  the attorney general, the number of actions instituted by
     7  the attorney general to recover payments  made  to  crime  victims,  the
     8  dollar  amount  of recoveries made in such actions both on behalf of the
     9  state and any awards made to victims who intervene in such actions.  The
    10  [board]  office  shall include this information, and any recommendations
    11  to the governor and legislature to improve the collection of awards,  in
    12  its annual report.
    13    §  27.  Subdivisions  1  and  2 of section 631-a of the executive law,
    14  subdivision 1 as added by chapter 688 of the laws of 1985  and  subdivi-
    15  sion  2  as  amended  by chapter 263 of the laws of 1986, are amended to
    16  read as follows:
    17    1. The [crime victims board] office shall make grants, within  amounts
    18  appropriated  for  that  purpose,  for  crime victim service programs to
    19  provide services to crime victims and witnesses. These programs shall be
    20  operated at the community  level  by  not-for-profit  organizations,  by
    21  agencies of local government or by any combination thereof. Crime victim
    22  service programs may be designed to serve crime victims and witnesses in
    23  general in a particular community, or may be designed to serve a catego-
    24  ry of persons with special needs relating to a particular kind of crime.
    25    2.  The  [crime  victims board] director shall promulgate regulations,
    26  relating to these grants, including guidelines for its determinations.
    27    (a) These regulations shall be designed to promote:
    28    (i) alternative funding sources other than the state, including  local
    29  government and private sources;
    30    (ii)  coordination of public and private efforts to aid crime victims;
    31  and
    32    (iii) long range development of services to all victims  of  crime  in
    33  the  community  and  to  all  victims and witnesses involved in criminal
    34  prosecutions.
    35    (b) These regulations shall also provide for services  including,  but
    36  not limited to:
    37    (i)  assistance  to claimants seeking crime victims compensation bene-
    38  fits;
    39    (ii) referrals, crisis intervention and other counseling services;
    40    (iii) services to elderly victims and to child victims and their fami-
    41  lies;
    42    (iv) transportation and household assistance; and
    43    (v) outreach to the  community  and  education  and  training  of  law
    44  enforcement  and  other criminal justice officials to the needs of crime
    45  victims.
    46    § 28. Subdivision 3 of section 631-a of the executive law is REPEALED.
    47    § 29. Subdivision 5 of section 390.30 of the criminal  procedure  law,
    48  as  added  by  chapter  14  of  the  laws of 1985, is amended to read as
    49  follows:
    50    5. Information to be forwarded to the state division of probation  and
    51  correctional  alternatives.    Investigating agencies under this article
    52  shall be responsible for the collection, and transmission to  the  state
    53  division  of  probation  and  correctional  alternatives, of data on the
    54  number of victim impact statements prepared[, pursuant to regulations of
    55  the division]. Such information shall be  transmitted  annually  to  the
    56  [crime  victims  board]  office  of  victim services and included in the

        S. 6606--B                         52                         A. 9706--C
 
     1  [board's] office's annual  report  pursuant  to  subdivision  twenty  of
     2  section six hundred twenty-three of the executive law.
     3    § 30. Subdivision 7 of section 351.1 of the family court act, as added
     4  by chapter 418 of the laws of 1986, is amended to read as follows:
     5    7.  The  probation  services  which  prepare the investigation reports
     6  shall be responsible for the collection and transmission  to  the  state
     7  division  of  probation  and  correctional  alternatives, of data on the
     8  number of victim impact statements prepared[, pursuant to regulations of
     9  the division]. Such information shall be  transmitted  annually  to  the
    10  [crime  victims  board]  office  of  victim services and included in the
    11  [board's] office's annual  report  pursuant  to  subdivision  twenty  of
    12  section six hundred twenty-three of the executive law.
    13    § 31. Subdivision 1 of section 640 of the executive law, as amended by
    14  chapter 414 of the laws of 1985, is amended to read as follows:
    15    1.  The  commissioner of the division of criminal justice services, in
    16  consultation with the [chairman of the crime victims board] director  of
    17  the  office  of  victim  services and other appropriate officials, shall
    18  promulgate standards for the treatment of the innocent victims of  crime
    19  by the agencies which comprise the criminal justice system of the state.
    20    §  32.  The  article  heading  of  article 22 of the executive law, as
    21  amended by chapter 17 of the  laws  of  1982,  is  amended  to  read  as
    22  follows:
    23                [CRIME VICTIMS BOARD] OFFICE OF VICTIM SERVICES
    24    §  33. Section 644 of the executive law, as added by chapter 94 of the
    25  laws of 1984, is amended to read as follows:
    26    § 644. Implementation. The commissioner of the  division  of  criminal
    27  justice  services and the [chairman of the crime victims board] director
    28  of the office of victim services shall assist criminal justice  agencies
    29  in implementing the guidelines promulgated by the commissioner.
    30    § 34. Section 645 of the executive law, as added by chapter 893 of the
    31  laws of 1986, is amended to read as follows:
    32    § 645. Fair  treatment  standards for crime victims in the courts. The
    33  chief administrator of the courts, in consultation with the commissioner
    34  of the division of criminal justice services, the [chairman of the crime
    35  victims board] director of the  office  of  victim  services  and  other
    36  appropriate  officials,  shall promulgate standards for the treatment of
    37  the innocent victims of crime by the unified court system. These  stand-
    38  ards shall conform to and be consistent with the regulations promulgated
    39  pursuant to section six hundred forty of this article.
    40    §  35.  Subdivisions 1, 3 and 4 of section 646-a of the executive law,
    41  subdivisions 1 as amended and 4 as added by chapter 173 of the  laws  of
    42  2006  and  subdivision 3 as added by chapter 67 of the laws of 1994, are
    43  amended to read as follows:
    44    1. The district attorney shall provide the  victim,  at  the  earliest
    45  time  possible,  with  an informational pamphlet detailing the rights of
    46  crime victims which shall  be  prepared  by  the  division  of  criminal
    47  justice  services in [cooperation with the crime victims board,] consul-
    48  tation with the director of the office of victim services  and  distrib-
    49  uted to each district attorney's office.
    50    3.  This pamphlet shall provide space for the insertion of the follow-
    51  ing information:
    52    (a) the address and phone number of the [nearest crime victims  board]
    53  office of victim services;
    54    (b)  the  address  and phone numbers of local victim service programs,
    55  where appropriate;

        S. 6606--B                         53                         A. 9706--C
 
     1    (c) the name, phone number and office location of the  person  in  the
     2  district attorney's office to whom inquiries concerning the victims case
     3  may be directed; and
     4    (d) any other information the division deems appropriate.
     5    4.  (a)  The commissioner of the division of criminal justice services
     6  in [cooperation] consultation with the [crime victims board] director of
     7  the office of victim services shall develop and prepare  a  standardized
     8  form for the use of district attorney offices for the purpose of report-
     9  ing  compliance with this section. The form is to be distributed to each
    10  district attorney. Every district attorney's office in the  state  shall
    11  complete  the  reporting  form annually and send it to the [chair of the
    12  crime victims board] director of the office of victim  services  by  the
    13  first  day of January each year subsequent to the effective date of this
    14  subdivision.
    15    (b) A copy of the report shall be retained by  the  district  attorney
    16  and  upon  request, a victim of a crime or relative of a victim shall be
    17  entitled to receive from the district attorney a copy of their  district
    18  attorney's  annual  report without charge. Any other person requesting a
    19  copy of the report shall pay a fee not to  exceed  the  actual  cost  of
    20  reproduction.
    21    §  36.  Paragraph  (a) of subdivision 2 and subdivision 3-a of section
    22  844-b of the executive law, paragraph (a) of subdivision 2 as amended by
    23  chapter 393 of the laws of 1995 and subdivision 3-a as added by  chapter
    24  626 of the laws of 1997, are amended to read as follows:
    25    (a) The committee shall consist of a representative of the commission-
    26  er,  representative  of the superintendent of the New York state police,
    27  two representatives of the New  York  state  sheriffs  association,  two
    28  representatives  of  the New York state association of chiefs of police,
    29  two representatives of the New York state  district  attorneys'  associ-
    30  ation, a representative of the attorney general, a representative of the
    31  [chairperson  of  the  crime  victims  board]  director of the office of
    32  victim services, a representative of the director of  the  state  office
    33  for  the aging, a representative of the commissioner of social services,
    34  a representative of the commissioner of the New York city police depart-
    35  ment, a representative of the New York state crime prevention  coalition
    36  and  two  elderly  representatives  one to be appointed by the temporary
    37  president of the senate and the other by the speaker  of  the  assembly.
    38  The  commissioner shall make appointments to the committee in accordance
    39  with nominations submitted by the relevant  agencies  or  organizations.
    40  Each  member  of the committee shall be appointed by the commissioner to
    41  serve a two year term. Any member appointed by the commissioner  may  be
    42  reappointed  for  additional terms. Any vacancies shall be filled in the
    43  same manner as the original appointment and vacancies created  otherwise
    44  than  by  expiration  of  term shall be filled for the remainder of that
    45  unexpired term.
    46    3-a. Reports. On or before March first, nineteen hundred  ninety-eight
    47  and  annually  thereafter  the  committee  shall report to the temporary
    48  president of the senate, the speaker of the assembly, the chair  of  the
    49  assembly  committee  on  aging  and the chair of the senate committee on
    50  aging, on the incidence of reports of abuse  of  elderly  persons.  Such
    51  report  shall  consist  of  information  from  reports  forwarded to the
    52  committee by local law enforcement agencies pursuant to  section  140.10
    53  of  the  criminal  procedure law including number of reported incidents,
    54  ages of victims and alleged offenders,  circumstances  of  the  incident
    55  whether  arrests  were  made and the sentence, if any, of the offenders.
    56  Such report shall also  recommend  policies  and  programs  to  aid  law

        S. 6606--B                         54                         A. 9706--C
 
     1  enforcement  agencies,  the courts and the New York state [crime victims
     2  board] office of victim services in efforts to assist elder  victims  of
     3  domestic   violence.  The  report  shall  also  include  recommendations
     4  designed  to  assist  law  enforcement  agencies  in implementing "Triad
     5  Programs".
     6    § 37. Subdivision 12-g of section 8 of the state finance law, as added
     7  by chapter 62 of the laws of 2001, is amended to read as follows:
     8    12-g. Notwithstanding any other provision of the court of  claims  act
     9  or  any  other  law  to the contrary, thirty days before the comptroller
    10  issues a check for payment to an inmate serving a sentence of  imprison-
    11  ment with the state department of correctional services or to a prisoner
    12  confined  at  a  local correctional facility for any reason, including a
    13  payment made in satisfaction of any damage award in connection with  any
    14  lawsuit  brought  by or on behalf of such inmate or prisoner against the
    15  state or any of its employees in federal court or any other  court,  the
    16  comptroller  shall give written notice, if required pursuant to subdivi-
    17  sion two of section six hundred thirty-two-a of the  executive  law,  to
    18  the  [state  crime  victims  board]  office of victim services that such
    19  payment shall be made thirty days after the date of such notice.
    20    § 38. Subdivision 3 of section 97-bb of  the  state  finance  law,  as
    21  amended  by  section  1  of part A of chapter 56 of the laws of 2009, is
    22  amended to read as follows:
    23    3. Monies of  the  criminal  justice  improvement  account,  following
    24  appropriation  by  the legislature and allocation by the director of the
    25  budget shall  be  made  available  for  local  assistance  services  and
    26  expenses of programs to provide services to crime victims and witnesses,
    27  including  operations  of  the  [crime  victims  board] office of victim
    28  services, and for payments to victims in  accordance  with  the  federal
    29  crime  control  act of 1984, as administered pursuant to article twenty-
    30  two of the executive law.
    31    § 39. Paragraph (c) of subdivision 1 of section 2805-i of  the  public
    32  health  law,  as added by chapter 571 of the laws of 2007, is amended to
    33  read as follows:
    34    (c) offering and making available appropriate HIV post-exposure treat-
    35  ment therapies in cases where it has been determined, in accordance with
    36  guidelines issued by the commissioner, that a  significant  exposure  to
    37  HIV  has  occurred, and informing the victim that payment assistance for
    38  such therapies may be available from the [crime victims board] office of
    39  victim services pursuant to the provisions of article twenty-two of  the
    40  executive law.
    41    §  40.  Section 70 of the general municipal law, as amended by chapter
    42  62 of the laws of 2001, is amended to read as follows:
    43    § 70. Payment of judgments against municipal corporation. When a final
    44  judgment for a sum of money  shall  be  recovered  against  a  municipal
    45  corporation,  and  the execution thereof shall not be stayed pursuant to
    46  law, or the time for such stay shall  have  expired,  the  treasurer  or
    47  other  financial officer of such corporation having sufficient moneys in
    48  his hands belonging to the corporation not otherwise specifically appro-
    49  priated, shall pay such judgment upon the production of a certified copy
    50  of the docket thereof. Notwithstanding the provisions of any  other  law
    51  to  the contrary, in any case where payment for any reason is to be made
    52  to an inmate serving a sentence of imprisonment with the  state  depart-
    53  ment  of  correctional  services  or  to  a prisoner confined at a local
    54  correctional facility, the treasurer or other  financial  officer  shall
    55  give  written notice, if required pursuant to subdivision two of section
    56  six hundred thirty-two-a of the  executive  law,  to  the  [state  crime

        S. 6606--B                         55                         A. 9706--C

     1  victims board] office of victim services that such payment shall be made
     2  thirty days after the date of such notice.
     3    §  41.  Paragraph  (b)  of subdivision 4 of section 60.27 of the penal
     4  law, as amended by chapter 619 of the laws of 2002, is amended  to  read
     5  as follows:
     6    (b)  the  term  "victim"  shall include the victim of the offense, the
     7  representative of a crime  victim  as  defined  in  subdivision  six  of
     8  section six hundred twenty-one of the executive law, an individual whose
     9  identity  was assumed or whose personal identifying information was used
    10  in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
    11  person who has suffered a financial loss as a direct result of the  acts
    12  of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
    13  190.83  of  this  chapter,  a  good  samaritan as defined in section six
    14  hundred twenty-one of the executive law and the [crime  victims'  board]
    15  office of victim services or other governmental agency that has received
    16  an  application for or has provided financial assistance or compensation
    17  to the victim.
    18    § 42. Section 116 of the correction law, as amended by chapter  62  of
    19  the laws of 2001, is amended to read as follows:
    20    §  116.  Inmates'  funds.  The warden or superintendent of each of the
    21  institutions within the jurisdiction of  the  department  of  correction
    22  shall  deposit  at least once in each week to his credit as such warden,
    23  or superintendent, in such bank or banks as may  be  designated  by  the
    24  comptroller,  all  the  moneys received by him as such warden, or super-
    25  intendent, as inmates' funds, and send to the comptroller  and  also  to
    26  the  commissioner  of correction monthly, a statement showing the amount
    27  so received and deposited. Such statement of deposits shall be certified
    28  by the proper officer of the bank receiving such  deposit  or  deposits.
    29  The  warden,  or superintendent, shall also verify by his affidavit that
    30  the sum so deposited is all the money received by him as inmates'  funds
    31  during  the  month. Any bank in which such deposits shall be made shall,
    32  before receiving any such deposits, file a bond with the comptroller  of
    33  the state, subject to his approval, for such sum as he shall deem neces-
    34  sary. Upon a certificate of approval issued by the director of the budg-
    35  et,  pursuant  to  the  provisions  of  section fifty-three of the state
    36  finance law, the amount of interest,  if  any,  heretofore  accrued  and
    37  hereafter  to  accrue  on  moneys so deposited, heretofore and hereafter
    38  credited to the warden, or superintendent, by  the  bank  from  time  to
    39  time,  shall  be available for expenditure by the warden, or superinten-
    40  dent, subject to the direction of the  commissioner,  for  welfare  work
    41  among  the inmates in his custody. The withdrawal of moneys so deposited
    42  by such warden, or superintendent,  as  inmates'  funds,  including  any
    43  interest  so  credited,  shall  be subject to his check. Each warden, or
    44  superintendent, shall each month provide the comptroller  and  also  the
    45  commissioner  with  a  record of all withdrawals from inmates' funds. As
    46  used in this section, the term "inmates' funds" means the funds  in  the
    47  possession  of the inmate at the time of his admission into the institu-
    48  tion, funds earned by him as provided in section one hundred eighty-sev-
    49  en of this chapter and any other funds received by him or on his  behalf
    50  and  deposited with such warden or superintendent in accordance with the
    51  rules and regulations of the commissioner. Whenever the  total  unencum-
    52  bered  value  of  funds  in  an  inmate's  account  exceeds ten thousand
    53  dollars, the superintendent shall give  written  notice  to  the  [state
    54  crime victims board] office of victim services.
    55    §  43. Subdivisions 7 and 8 of section 500-c of the correction law, as
    56  added by chapter 62 of the laws of 2001, are amended to read as follows:

        S. 6606--B                         56                         A. 9706--C
 
     1    7. A sheriff, the New York city commissioner  of  correction,  or  the
     2  Westchester county commissioner of correction, as the case may be, shall
     3  maintain  an  institutional  fund  account  on  behalf of every lawfully
     4  sentenced inmate or prisoner in his custody and shall for the benefit of
     5  the  person  make  deposits into said accounts of any prisoner funds. As
     6  used in this section, the term "prisoner funds" means (i) funds  in  the
     7  possession  of  the  prisoner at the time of admission into the institu-
     8  tion; (ii) funds earned by a prisoner as provided in section one hundred
     9  eighty-seven of this chapter; and (iii) any other funds received  by  or
    10  on  behalf  of the prisoner and deposited with such sheriff or municipal
    11  official in accordance with the written procedures  established  by  the
    12  commission.  Whenever the total value of unencumbered funds in a prison-
    13  er's account exceeds ten thousand  dollars,  such  sheriff  or  official
    14  shall  give  written notice to the [state crime victims board] office of
    15  victim services.
    16    8. A sheriff, the New York city commissioner  of  correction,  or  the
    17  Westchester county commissioner of correction, as the case may be, shall
    18  provide  written notice to all inmates serving a definite sentence for a
    19  specified crime defined in paragraph (e) of subdivision one  of  section
    20  six  hundred thirty-two-a of the executive law who may be subject to any
    21  requirement to report to the [crime  victims  board]  office  of  victim
    22  services  any  funds  of  a  convicted  person as defined in section six
    23  hundred thirty-two-a of the  executive  law,  the  procedures  for  such
    24  reporting and any potential penalty for a failure to comply.
    25    §  44.  Subdivision 3 of section 410.10 of the criminal procedure law,
    26  as added by chapter 62 of the laws  of  2001,  is  amended  to  read  as
    27  follows:
    28    3.  When  the  court pronounces a sentence of probation or conditional
    29  discharge for a specified crime defined in paragraph (e) of  subdivision
    30  one  of  section six hundred thirty-two-a of the executive law, in addi-
    31  tion to specifying the conditions  of  the  sentence,  the  court  shall
    32  provide  written  notice to such defendant concerning any requirement to
    33  report to the [crime victims board] office of victim services funds of a
    34  convicted person as defined in section six hundred thirty-two-a  of  the
    35  executive  law,  the  procedures  for  such  reporting and any potential
    36  penalty for a failure to comply.
    37    § 45. Section 2222-a of the surrogate's court procedure act, as  added
    38  by chapter 62 of the laws of 2001, is amended to read as follows:
    39  §  2222-a.  Notice  of legacy or distributive share payable to inmate or
    40                 prisoner
    41    Where the legatee, distributee or beneficiary is an inmate  serving  a
    42  sentence  of  imprisonment  with  the  state  department of correctional
    43  services or a prisoner confined at a local  correctional  facility,  the
    44  court  shall  give  prompt  written  notice  to the [state crime victims
    45  board] office of victim services, and at the same time  direct  that  no
    46  payment  be  made to such inmate or prisoner for a period of thirty days
    47  following the date of entry of the order containing such direction.
    48    § 46. Subdivision 6-a of section 20 of the court  of  claims  act,  as
    49  added by chapter 62 of the laws of 2001, is amended to read as follows:
    50    6-a.  Notwithstanding  the provisions of subdivisions five, five-a and
    51  six of this section, in any case where a judgment or any part thereof is
    52  to be paid to an inmate serving a  sentence  of  imprisonment  with  the
    53  state department of correctional services or to a prisoner confined at a
    54  local  correctional facility, the comptroller shall give written notice,
    55  if required pursuant to subdivision two of section six  hundred  thirty-
    56  two-a of the executive law, to the [state crime victims board] office of

        S. 6606--B                         57                         A. 9706--C
 
     1  victim  services  that such judgment shall be paid thirty days after the
     2  date of such notice.
     3    §  47.  Subdivision  11  of section 1311 of the civil practice law and
     4  rules, as added by chapter 655 of the laws of 1990, is amended  to  read
     5  as follows:
     6    11. (a) Any stipulation or settlement agreement between the parties to
     7  a  forfeiture action shall be filed with the clerk of the court in which
     8  the forfeiture action is pending. No stipulation or settlement agreement
     9  shall be accepted for filing unless it is accompanied  by  an  affidavit
    10  from  the  claiming  authority that written notice of the stipulation or
    11  settlement agreement, including the terms of such, has been given to the
    12  [state crime victims board] office of victim services, the  state  divi-
    13  sion of criminal justice services, and in the case of a forfeiture based
    14  on  a  felony defined in article two hundred twenty or section 221.30 or
    15  221.55 of the penal law,  to  the  state  division  of  substance  abuse
    16  services.
    17    (b)  No  judgment  or order of forfeiture shall be accepted for filing
    18  unless it is accompanied by an affidavit  from  the  claiming  authority
    19  that  written  notice of judgment or order, including the terms of such,
    20  has been given to the [state  crime  victims  board]  office  of  victim
    21  services,  the  state  division of criminal justice services, and in the
    22  case of a forfeiture based on a felony defined in  article  two  hundred
    23  twenty  or section 221.30 or 221.55 of the penal law, to the state divi-
    24  sion of substance abuse services.
    25    (c) Any claiming authority or claiming agent which receives any  prop-
    26  erty  pursuant  to chapter thirteen of the food and drug laws (21 U.S.C.
    27  §801 et seq.) of the United States and/or chapter four  of  the  customs
    28  duties  laws (19 U.S.C. §1301 et seq.) of the United States and/or chap-
    29  ter 96 of the crimes and criminal procedure laws  (18  U.S.C.  §1961  et
    30  seq.) of the United States shall provide an affidavit to the commission-
    31  er  of  the  division of criminal justice services stating the estimated
    32  present value of the property received.
    33    § 48. Subdivision 4 of section 1349 of  the  civil  practice  law  and
    34  rules,  as  added by chapter 655 of the laws of 1990, is amended to read
    35  as follows:
    36    4. The claiming authority shall report the disposal  of  property  and
    37  collection  of  assets  pursuant  to  this  section  to the [state crime
    38  victims board] office of victim services, the state division of criminal
    39  justice services and the state division of substance abuse services.
    40    § 49. Subdivision (d) of section 4510 of the civil  practice  law  and
    41  rules,  as  added by chapter 432 of the laws of 1993, is amended to read
    42  as follows:
    43    (d) Limitation on waiver. A client who, for the purposes of  obtaining
    44  compensation  under article twenty-two of the executive law or insurance
    45  benefits, authorizes the disclosure of any privileged  communication  to
    46  an employee of the [crime victims board] office of victim services or an
    47  insurance  representative  shall not be deemed to have waived the privi-
    48  lege created by this section.
    49    § 50. Section 5011 of the civil practice law and rules, as amended  by
    50  chapter 62 of the laws of 2001, is amended to read as follows:
    51    § 5011. Definition and content of judgment. A judgment is the determi-
    52  nation  of  the rights of the parties in an action or special proceeding
    53  and may be either interlocutory or final. A judgment shall refer to, and
    54  state the result of, the verdict or decision, or recite the default upon
    55  which it is based. A judgment may direct  that  property  be  paid  into
    56  court  when  the  party  would not have the benefit or use or control of

        S. 6606--B                         58                         A. 9706--C
 
     1  such property or where special  circumstances  make  it  desirable  that
     2  payment  or  delivery to the party entitled to it should be withheld. In
     3  any case where damages are awarded to an inmate serving  a  sentence  of
     4  imprisonment  with the state department of correctional services or to a
     5  prisoner confined at a local correctional facility, the court shall give
     6  prompt written notice to the  [state  crime  victims  board]  office  of
     7  victim  services,  and  at the same time shall direct that no payment be
     8  made to such inmate or prisoner for a period of  thirty  days  following
     9  the date of entry of the order containing such direction.
    10    §  51. Subdivision 2 of section 459-b of the real property tax law, as
    11  added by chapter 269 of the laws of 1996, is amended to read as follows:
    12    2. To qualify as a physically disabled crime victim or good  samaritan
    13  for  the  purposes  of  this  section, an individual shall submit to the
    14  assessor a certified statement from a physician licensed to practice  in
    15  the  state  of  New  York on a form prescribed and made available by the
    16  state board which states that the individual has  a  permanent  physical
    17  impairment  which  substantially limits one or more of such individual's
    18  major life activities, except that an  individual  who  has  obtained  a
    19  certificate  from  the state commission for the blind and visually hand-
    20  icapped stating that such individual is legally blind  may  submit  such
    21  certificate in lieu of a physician's certified statement. In addition, a
    22  copy  of  a  police report pertaining to the crime from which the injury
    23  resulted, a report from the  [crime  victims  board]  office  of  victim
    24  services or other evidence or documentation which would tend to substan-
    25  tiate that a physical disability was inflicted upon an individual as the
    26  result of a crime shall also be submitted to the assessor.
    27    §  52.  Paragraph 2 of subdivision c of section 17-193 of the adminis-
    28  trative code of the city of New York, as added by local law number 62 of
    29  the city of New York for the year 2007, is amended to read as follows:
    30    2. contact information for the New York state  [crime  victims  board]
    31  office  of  victim  services  and information indicating how such owner,
    32  resident or occupant can apply to  such  [board]  office  for  financial
    33  assistance  to  help cover the cost of professional clean up of a trauma
    34  scene, including how application forms can be obtained at the  [board's]
    35  office's local office or website;
    36    §  53.  Transfer  of records. The crime victims board shall deliver to
    37  the office of victim services all books, papers, records,  and  property
    38  as requested by the office of victim services pursuant to this act.
    39    §  54. Completion of unfinished business. Any business or other matter
    40  undertaken or commenced by the crime  victims  board  pertaining  to  or
    41  connected  with  the  functions,  powers,  obligations and duties hereby
    42  transferred and assigned to the office of victim services and pending on
    43  the effective date of this act may be conducted  and  completed  by  the
    44  office  of  victim  services in the same manner and under the same terms
    45  and conditions and with the same effect as if conducted and completed by
    46  the former crime victims board; provided, however, that claims  accepted
    47  by  the crime victims board but not determined before the effective date
    48  of this act shall be determined by the office of victim services  pursu-
    49  ant to the regulations promulgated pursuant to section 627 of the execu-
    50  tive law as added by section eighteen of this act.
    51    § 55. Terms occurring in laws, contracts and other documents. Whenever
    52  the  crime  victims  board  is  referred  to  or  designated in any law,
    53  contract or documents pertaining to the functions,  powers,  obligations
    54  and  duties  hereby  transferred  and  assigned  to the office of victim
    55  services, such reference or designation shall be deemed to refer to  the
    56  office of victim services.

        S. 6606--B                         59                         A. 9706--C
 
     1    §  56.  Existing  rights  and remedies preserved. No existing right or
     2  remedy of any character shall be lost, impaired or affected by reason of
     3  this act.
     4    § 57. Pending actions and proceedings. No action or proceeding pending
     5  at  the  time  when this act shall take effect brought by or against the
     6  crime victims board relating to the functions,  powers,  obligations  or
     7  duties  transferred  to  or  devolved upon the office of victim services
     8  shall be affected by this  act,  but  the  same  may  be  prosecuted  or
     9  defended in the name of the office of victim services and, upon applica-
    10  tion to the court, the office of victim services shall be substituted as
    11  a party.
    12    § 58. This act shall take effect immediately; provided, however, that:
    13    (a)  the amendments to subdivision (a) of section 483-ee of the social
    14  services law made by section five of  this  act  shall  not  affect  the
    15  repeal of such section and shall be deemed repealed therewith; and
    16    (b)  the  amendments  to  subdivisions 7 and 8 of section 500-c of the
    17  correction law made by section forty-three of this act shall not  affect
    18  the repeal of such section and shall be deemed repealed therewith.
 
    19                                   PART B
 
    20    Section 1. Section 20 of the executive law, as added by chapter 640 of
    21  the laws of 1978, paragraph a of subdivision 2 as amended by chapter 781
    22  of the laws of 1988, is amended to read as follows:
    23    § 20. Natural and man-made disasters; policy; definitions. 1. It shall
    24  be the policy of the state that:
    25    a. local government and emergency service organizations continue their
    26  essential  role  as  the first line of defense in times of disaster, and
    27  that the state provide appropriate supportive  services  to  the  extent
    28  necessary;
    29    b.  local  chief  executives  take  an active and personal role in the
    30  development and implementation of disaster preparedness programs and  be
    31  vested  with authority and responsibility in order to insure the success
    32  of such programs;
    33    c. state and local natural disaster and emergency  response  functions
    34  be  coordinated  using  recognized  practices  in incident management in
    35  order to bring the fullest protection and benefit to the people;
    36    d. state resources be organized and prepared for  immediate  effective
    37  response  to  disasters which are beyond the capability of local govern-
    38  ments and emergency service organizations; and
    39    e. state and local plans, organizational  arrangements,  and  response
    40  capability  required  to execute the provisions of this article shall at
    41  all times be the most effective that current circumstances and  existing
    42  resources allow.
    43    2.  As used in this article the following terms shall have the follow-
    44  ing meanings:
    45    a. "disaster" means occurrence or imminent threat of  wide  spread  or
    46  severe  damage,  injury,  or loss of life or property resulting from any
    47  natural or man-made causes, including, but not limited to, fire,  flood,
    48  earthquake,  hurricane,  tornado, high water, landslide, mudslide, wind,
    49  storm, wave action,  volcanic  activity,  epidemic,  air  contamination,
    50  terrorism,  cyber event, blight, drought, infestation, explosion, radio-
    51  logical accident,  nuclear,  chemical,  biological,  or  bacteriological
    52  release, water contamination, bridge failure or bridge collapse.

        S. 6606--B                         60                         A. 9706--C
 
     1    b. "state disaster emergency" means a period beginning with a declara-
     2  tion  by  the governor that a disaster exists and ending upon the termi-
     3  nation thereof.
     4    c. "municipality" means a public corporation as defined in subdivision
     5  one  of  section sixty-six of the general construction law and a special
     6  district as defined in subdivision sixteen of section one hundred two of
     7  the real property tax law.
     8    d. "commission" means the  disaster  preparedness  commission  created
     9  pursuant to section twenty-one of this article.
    10    e. "emergency services organization" means a public or private agency,
    11  voluntary  organization  or  group  organized  and  functioning  for the
    12  purpose of providing fire, medical, ambulance, rescue, housing, food  or
    13  other services directed toward relieving human suffering, injury or loss
    14  of  life  or  damage  to property as a result of an emergency, including
    15  non-profit and  governmentally-supported  organizations,  but  excluding
    16  governmental agencies.
    17    f. "chief executive" means:
    18    (1) a county executive or manager of a county;
    19    (2) in a county not having a county executive or manager, the chairman
    20  or other presiding officer of the county legislative body;
    21    (3) a mayor of a city or village, except where a city or village has a
    22  manager, it shall mean such manager; and
    23    (4)  a  supervisor  of  a  town, except where a town has a manager, it
    24  shall mean such manager.
    25    g. "Disaster emergency  response  personnel"  means  agencies,  public
    26  officers,  employees, or affiliated volunteers having duties and respon-
    27  sibilities under or pursuant to  a  comprehensive  emergency  management
    28  plan.
    29    h.  "Emergency  management  director"  means  the  government official
    30  responsible for emergency preparedness,  response  and  recovery  for  a
    31  county, city, town, or village.
    32    §  2.  Section 21 of the executive law, as added by chapter 640 of the
    33  laws of 1978, subdivision 1 as amended by chapter 346  of  the  laws  of
    34  2002, subdivision 2 as amended by chapter 158 of the laws of 1994, para-
    35  graph  c  of subdivision 3 as amended by chapter 42 of the laws of 2004,
    36  and paragraphs f, g, h, i, and j of subdivision 3 as amended  and  para-
    37  graph k of subdivision 3 as added by chapter 171 of the laws of 2006, is
    38  amended to read as follows:
    39    § 21. Disaster  preparedness  commission established; meetings; powers
    40  and duties.  1. There is hereby created in the  executive  department  a
    41  disaster  preparedness  commission  consisting  of  the commissioners of
    42  transportation, health, division of criminal  justice  services,  educa-
    43  tion,  social  services,  economic development, agriculture and markets,
    44  housing and community renewal, general  services,  labor,  environmental
    45  conservation,  mental  health,  parks, recreation and historic preserva-
    46  tion, correctional services and children and family services, the presi-
    47  dent of the New York state energy research  and  development  authority,
    48  the  superintendents  of state police, insurance, banking, the secretary
    49  of state, the state fire administrator, the chair of the public  service
    50  commission,  the  adjutant  general,  the  [director]  directors  of the
    51  [state] offices within the division of homeland security  and  emergency
    52  services, the office for technology, and the [chairman] office of victim
    53  services,  the  chairs of the thruway authority, the metropolitan trans-
    54  portation authority, the port authority of New York and New Jersey,  the
    55  chief  professional  officer  of  the  state coordinating chapter of the
    56  American Red Cross and three additional members, to be appointed by  the

        S. 6606--B                         61                         A. 9706--C
 
     1  governor, two of whom shall be chief executives.  Each member agency may
     2  designate  an  officer  of that agency, with responsibility for disaster
     3  preparedness matters, who may represent that agency on  the  commission.
     4  The  commissioner  of  the  division  of homeland security and emergency
     5  services shall serve as chair of the commission, and the governor  shall
     6  designate  the vice chair of the commission.  The members of the commis-
     7  sion, except those who serve ex officio, shall be allowed  their  actual
     8  and necessary expenses incurred in the performance of their duties under
     9  this  article  but shall receive no additional compensation for services
    10  rendered pursuant to this article.
    11    2. The commission, on call of the chairperson,  shall  meet  at  least
    12  twice  each year and at such other times as may be necessary. The agenda
    13  and meeting place of all regular meetings shall be made available to the
    14  public in advance of such meetings and all such meetings shall  be  open
    15  to  the  public.  The commission shall establish quorum requirements and
    16  other rules and procedures regarding conduct of its meetings  and  other
    17  affairs.  [The  adjutant general shall serve as secretary to the commis-
    18  sion and provide staff services as may be necessary  through  the  state
    19  emergency management office.]
    20    3.  The  commission  shall  have the following powers and responsibil-
    21  ities:
    22    a. study all aspects  of  man-made  or  natural  disaster  prevention,
    23  response and recovery;
    24    b.  request  and  obtain from any state or local officer or agency any
    25  information necessary to the commission for the exercise of its  respon-
    26  sibilities;
    27    c.  prepare  [state disaster preparedness plans, to be approved by the
    28  governor, and review such plans and report thereon] and, as appropriate,
    29  revise a state comprehensive emergency management plan.  The  commission
    30  shall  report  all  revisions to such plan by March thirty-first of each
    31  year to the governor, the legislature and the chief judge of the  state,
    32  unless  a  current version of the plan is available to the public on the
    33  website of the division of homeland security and emergency services.  In
    34  preparing such plans, the commission  shall  consult  with  federal  and
    35  local  officials,  emergency service organizations including both volun-
    36  teer and commercial emergency response organizations, and the public  as
    37  it  deems  appropriate.  To  the  extent such plans impact upon adminis-
    38  tration of the civil and criminal justice systems of the state,  includ-
    39  ing  their  operational and fiscal needs in times of disaster emergency,
    40  the commission, its staff and any working group, task force,  agency  or
    41  other  instrumentality to which it may delegate responsibility to assist
    42  it in its duties shall consult  with  the  chief  administrator  of  the
    43  courts  and  coordinate their preparation with him or her or with his or
    44  her representatives;
    45    d. prepare, keep current and distribute to chief executives and others
    46  an inventory of programs directly relevant to  prevention,  minimization
    47  of  damage, readiness, operations during disasters, and recovery follow-
    48  ing disasters;
    49    e. direct state disaster  operations  and  coordinate  state  disaster
    50  operations with local disaster operations following the declaration of a
    51  state disaster emergency;
    52    f.  unless  it deems it unnecessary, create, following the declaration
    53  of a state disaster emergency, a temporary organization in the  disaster
    54  area  to  provide  for integration and coordination of efforts among the
    55  various federal, state, municipal and  private  agencies  involved.  The
    56  commission, upon a finding that a municipality is unable to manage local

        S. 6606--B                         62                         A. 9706--C
 
     1  disaster  operations, may, with the approval of the governor, direct the
     2  temporary organization to assume direction of the local  disaster  oper-
     3  ations of such municipality, for a specified period of time, and in such
     4  cases  such  temporary organization shall assume direction of such local
     5  disaster operations, subject to the supervision of the commission.    In
     6  such  event, such temporary organization may utilize such municipality's
     7  local resources, provided, however, that the state shall not  be  liable
     8  for any expenses incurred in using such municipality's resources;
     9    g.  assist in the coordination of federal recovery efforts and coordi-
    10  nate recovery assistance by state and private agencies;
    11    h. provide for periodic briefings, drills, exercises or other means to
    12  assure that all state personnel  with  direct  responsibilities  in  the
    13  event  of a disaster are fully familiar with response and recovery plans
    14  and the manner in which they shall carry out their responsibilities, and
    15  coordinate with federal, local or other state personnel. Such activities
    16  may take place on a regional or county  basis,  and  local  and  federal
    17  participation shall be invited and encouraged;
    18    i.  submit to the governor, the legislature and the chief judge of the
    19  state by March thirty-first of each year an annual  report  which  shall
    20  include but need not be limited to:
    21    (1)  a  summary of commission and state agency activities for the year
    22  and plans for the ensuing year with respect to the duties and  responsi-
    23  bilities of the commission;
    24    (2)  recommendations  on ways to improve state and local capability to
    25  prevent, prepare for, respond to and recover from disasters;
    26    (3) the status of the state and local plans for disaster  preparedness
    27  and  response,  including  the  name of any locality which has failed or
    28  refused to develop and implement its own disaster preparedness plan  and
    29  program;  and  the extent to which all forms of local emergency response
    30  assets have been included, and accounted for in planning and preparation
    31  for disaster preparedness and response; and
    32    j. [coordinate and, to the extent  possible  and  feasible,  integrate
    33  commission  activities,  responsibilities  and  duties with those of the
    34  civil defense commission; and
    35    k.] develop public service announcements to be  distributed  to  tele-
    36  vision and radio stations and other media throughout the state informing
    37  the  public how to prepare and respond to disasters. Such public service
    38  announcements shall be distributed in English and such  other  languages
    39  as such commission deems appropriate.
    40    4.  All  powers  of the state civil defense commission are assigned to
    41  the commission.
    42    5. The office of emergency management within the division of  homeland
    43  security  and  emergency  services  shall  serve as the staff arm of the
    44  commission and shall be responsible for implementing provisions of  this
    45  article and the rules and policies adopted by the commission.
    46    §  3.  Subdivision  3  of section 22 of the executive law, as added by
    47  chapter 640 of the laws of  1978,  subparagraph  8  of  paragraph  b  as
    48  amended by chapter 42 of the laws of 2004 and subparagraphs 14 and 15 of
    49  paragraph  b  as  amended and subparagraph 16 of paragraph b as added by
    50  chapter 677 of the laws of 2006, is amended to read as follows:
    51    3. Such plans shall be prepared with such assistance from other  agen-
    52  cies  as  the  commission deems necessary, and shall include, but not be
    53  limited to:
    54    a. Disaster prevention and mitigation.  Plans to prevent and  minimize
    55  the effects of disasters shall include, but not be limited to:

        S. 6606--B                         63                         A. 9706--C

     1    (1) identification of [potential disasters and disaster sites] hazards
     2  and assessment of risk;
     3    (2) recommended disaster prevention and mitigation projects, policies,
     4  priorities  and programs, with suggested implementation schedules, which
     5  outline federal, state and local roles;
     6    (3) suggested revisions and additions to building  and  safety  codes,
     7  and zoning and other land use programs;
     8    (4)  suggested  ways  in  which  state  agencies can provide technical
     9  assistance to  municipalities  in  the  development  of  local  disaster
    10  prevention and mitigation plans and programs;
    11    (5)  such other measures as reasonably can be taken to [prevent disas-
    12  ters or mitigate their impact] protect  lives,  prevent  disasters,  and
    13  reduce the impact of disasters.
    14    b.  Disaster  response.  Plans  to coordinate the use of resources and
    15  manpower for service during and after disaster emergencies and to deliv-
    16  er services to aid citizens and reduce human suffering resulting from  a
    17  disaster emergency shall include, but not be limited to:
    18    (1)  [centralized]  coordination  of resources, manpower and services,
    19  using recognized practices in incident management and utilizing existing
    20  organizations and  lines  of  authority  and  centralized  direction  of
    21  requests for assistance;
    22    (2)  the  location, procurement, construction, processing, transporta-
    23  tion, storing, maintenance, renovation, distribution, disposal or use of
    24  materials, including those donated, and facilities and services;
    25    (3) a system for warning populations who are or may be endangered;
    26    (4) arrangements for activating state, municipal and volunteer forces,
    27  through normal chains of command so far as possible  and  for  continued
    28  communication and reporting;
    29    (5) a specific plan for rapid and efficient communication, and for the
    30  integration  of  state  communication facilities during a state disaster
    31  emergency, including the assignment of responsibilities and  the  estab-
    32  lishment  of  communication  priorities,  and  liaison  with  municipal,
    33  private and federal communication facilities;
    34    (6) a plan for coordinated evacuation procedures, including the estab-
    35  lishment of temporary housing and other necessary facilities;
    36    (7) criteria for establishing priorities with respect to the  restora-
    37  tion of vital services and debris removal;
    38    (8) plans for the continued effective operation of the civil and crim-
    39  inal justice systems;
    40    (9)  provisions  for training state and local government personnel and
    41  volunteers in disaster response operations;
    42    (10) providing information to the public;
    43    (11) care for the injured and needy and identification and disposition
    44  of the dead;
    45    (12) utilization and coordination of programs  to  assist  victims  of
    46  disasters,  with  particular  attention  to  the  needs of the poor, the
    47  elderly, [the  handicapped]  individuals  with  disabilities  and  other
    48  groups which may be especially affected;
    49    (13) control of ingress and egress to and from a disaster area;
    50    (14) arrangements to administer federal disaster assistance;
    51    (15)  a  system  for obtaining and coordinating [disaster information]
    52  situational awareness including the centralized assessment  of  disaster
    53  effects and resultant needs; and
    54    (16)  utilization  and  coordination of programs to assist individuals
    55  with household pets and  service  animals  following  a  disaster,  with

        S. 6606--B                         64                         A. 9706--C
 
     1  particular  attention to means of evacuation, shelter and transportation
     2  options.
     3    c.  Recovery.  Plans  to  provide for recovery and redevelopment after
     4  disaster emergencies shall include, but not be limited to:
     5    (1)  measures  to  coordinate  state  agency  assistance  in  recovery
     6  efforts;
     7    (2) arrangements to administer federal recovery assistance; and
     8    (3)  such  other  measures as reasonably can be taken to assist in the
     9  development and implementation of local disaster recovery plans.
    10    § 4. Section 23 of the executive law, as added by chapter 640  of  the
    11  laws  of  1978,  subdivision  1 as amended by chapter 603 of the laws of
    12  1993, subdivision 5 and subparagraph 8 of paragraph b of  subdivision  7
    13  as  amended  by chapter 42 of the laws of 2004, and subparagraphs 16 and
    14  17 of paragraph b of subdivision 7 as amended  and  subparagraph  18  of
    15  paragraph  b  of  subdivision  7  as added by chapter 677 of the laws of
    16  2006, is amended to read as follows:
    17    § 23. Local [disaster preparedness] comprehensive emergency management
    18  plans.  1. Each county, except those contained within the  city  of  New
    19  York, and each city, town and village is authorized to prepare [disaster
    20  preparedness]  comprehensive  emergency  management  plans. The disaster
    21  preparedness commission shall provide  assistance  and  advice  for  the
    22  development of such plans. City, town and village plans shall be coordi-
    23  nated with the county plan.
    24    2. The purpose of such plans shall be to minimize the effect of disas-
    25  ters by (i) identifying appropriate local measures to prevent disasters,
    26  (ii)  developing mechanisms to coordinate the use of local resources and
    27  manpower for service during and after  disasters  and  the  delivery  of
    28  services  to  aid  citizens  and reduce human suffering resulting from a
    29  disaster, and (iii)  providing  for  recovery  and  redevelopment  after
    30  disasters.
    31    3.  Plans  for  coordination of resources, manpower and services shall
    32  provide for a centralized coordination and  direction  of  requests  for
    33  assistance.
    34    4.  Plans for coordination of assistance shall provide for utilization
    35  of existing organizations and lines of authority.
    36    5. In preparing such plans, cooperation, advice and  assistance  shall
    37  be  sought  from local government officials, regional and local planning
    38  agencies, police agencies, fire departments and  fire  companies,  local
    39  [civil  defense] emergency management agencies, commercial and volunteer
    40  ambulance services, health  and  social  services  officials,  community
    41  action  agencies,  the  chief administrator of the courts, organizations
    42  for the elderly and the handicapped, other  interested  groups  and  the
    43  general  public.  Such  advice  and  assistance  may be obtained through
    44  public hearings held on public  notice,  or  through  other  appropriate
    45  methods.
    46    6.  All  plans  for  [disaster  preparedness]  comprehensive emergency
    47  management developed by local governments or any revisions thereto shall
    48  be submitted to the commission by December thirty-first of each year  to
    49  facilitate state coordination of disaster operations.
    50    7. Such plans shall include, but not be limited to:
    51    a.  Disaster prevention and mitigation.  Plans to prevent and minimize
    52  the effects of disasters shall include, but not be limited to:
    53    (1) [identification of potential disasters and disaster  sites]  iden-
    54  tification of hazards and assessment of risk;

        S. 6606--B                         65                         A. 9706--C
 
     1    (2) recommended disaster prevention and mitigation projects, policies,
     2  priorities  and programs, with suggested implementation schedules, which
     3  outline federal, state and local roles;
     4    (3) suggested revisions and additions to building and safety codes and
     5  zoning and other land use programs;
     6    (4)  such other measures as reasonably can be taken to [prevent disas-
     7  ters or mitigate their impact] protect  lives,  prevent  disasters,  and
     8  reduce their impact.
     9    b.  Disaster  response.  Plans  to coordinate the use of resources and
    10  manpower for service during and after disasters and to deliver  services
    11  to  aid  citizens  and  reduce human suffering resulting from a disaster
    12  shall include, but not be limited to:
    13    (1) [centralized] coordination of resources,  manpower  and  services,
    14  using  recognized  practices  in incident management, utilizing existing
    15  organizations and  lines  of  authority  and  centralized  direction  of
    16  requests for assistance;
    17    (2)  the  location, procurement, construction, processing, transporta-
    18  tion, storing, maintenance, renovation, distribution, disposal or use of
    19  materials, including those donated, and facilities  and  services  which
    20  may be required in time of disaster;
    21    (3) a system for warning populations who are or may be endangered;
    22    (4)  arrangements  for  activating  municipal  and  volunteer  forces,
    23  through normal chains of command so far as possible, and  for  continued
    24  communication and reporting;
    25    (5)  a specific plan for rapid and efficient communication and for the
    26  integration of local communication facilities during a disaster  includ-
    27  ing the assignment of responsibilities and the establishment of communi-
    28  cation priorities and liaison with municipal, private, state and federal
    29  communication facilities;
    30    (6) a plan for coordination evacuation procedures including the estab-
    31  lishment of temporary housing and other necessary facilities;
    32    (7)  criteria for establishing priorities with respect to the restora-
    33  tion of vital services and debris removal;
    34    (8) plans for the continued effective operation of the civil and crim-
    35  inal justice systems;
    36    (9) provisions for training local government personnel and  volunteers
    37  in disaster response operations;
    38    (10) providing information to the public;
    39    (11) care for the injured and needy and identification and disposition
    40  of the dead;
    41    (12)  utilization  and  coordination  of programs to assist victims of
    42  disasters, with particular attention to  the  needs  of  the  poor,  the
    43  elderly,  [the  handicapped]  individuals  with  disabilities  and other
    44  groups which may be especially affected;
    45    (13) control of ingress and egress to and from a disaster area;
    46    (14) arrangements to administer state and federal disaster assistance;
    47    (15) procedures under which the county, city, town, village  or  other
    48  political subdivision and emergency organization personnel and resources
    49  will be used in the event of a disaster;
    50    (16)  a  system  for  obtaining  and coordinating disaster information
    51  including the centralized  assessment  of  local  disaster  effects  and
    52  resultant needs;
    53    (17) continued operation of governments of political subdivisions; and
    54    (18)  utilization  and  coordination of programs to assist individuals
    55  with household pets and  service  animals  following  a  disaster,  with

        S. 6606--B                         66                         A. 9706--C
 
     1  particular  attention to means of evacuation, shelter and transportation
     2  options.
     3    c.  Recovery.  Local  plans  to provide for recovery and redevelopment
     4  after disasters shall include, but not be limited to:
     5    (1) recommendations for replacement, reconstruction, removal or  relo-
     6  cation  of  damaged  or destroyed public or private facilities, proposed
     7  new or amendments to zoning, subdivision,  building,  sanitary  or  fire
     8  prevention  regulations and recommendations for economic development and
     9  community development in order to minimize the impact of  any  potential
    10  future disasters on the community.
    11    (2)  provision  for  cooperation  with  state  and federal agencies in
    12  recovery efforts.
    13    (3) provisions for training and educating local disaster officials  or
    14  organizations  in  the preparation of applications for federal and state
    15  disaster recovery assistance.
    16    § 5. Paragraph f of subdivision 1 of section 24 of the executive  law,
    17  as  added  by  chapter  158  of  the laws of 1994, is amended to read as
    18  follows:
    19    f. the establishment or designation of  emergency  shelters  [and/or],
    20  emergency  medical  shelters, and in consultation with the state commis-
    21  sioner of health, alternate medical care sites;
    22    § 6. Subdivisions 2 and 3 of section 26 of the executive law, subdivi-
    23  sion 2 as added by chapter 640 of the laws of 1978 and subdivision 3  as
    24  amended  by  chapter  158  of  the  laws of 1994, are amended to read as
    25  follows:
    26    2. Coordination of assistance shall utilize existing organizations and
    27  lines of authority and shall utilize any [disaster preparedness or civil
    28  defense plans] comprehensive emergency management plans prepared by  the
    29  affected municipality.
    30    3. A chief executive or any elected or appointed county, city, town or
    31  village  official shall not be held responsible for acts or omissions of
    32  municipal employees, disaster preparedness forces or civil defense forc-
    33  es when performing disaster assistance pursuant to a  declared  disaster
    34  emergency or when exercising [disaster preparedness] comprehensive emer-
    35  gency management plans.
    36    § 7. Section 29-b of the executive law, as added by chapter 640 of the
    37  laws of 1978, is amended to read as follows:
    38    § 29-b. Use  of  [civil  defense  forces]  disaster emergency response
    39  personnel in disasters. 1. The governor may, in his or  her  discretion,
    40  direct  the  state  [civil  defense  commission]  disaster  preparedness
    41  commission to conduct [a civil defense drill] an emergency  exercise  or
    42  drill,  under  its  direction, in which all or any of the [civil defense
    43  forces] personnel and resources of the agencies of the commission of the
    44  state may be utilized to perform the duties assigned to them in a [civil
    45  defense emergency] disaster, for the purpose of protecting and  preserv-
    46  ing  human life or property in a disaster. [In such event, civil defense
    47  forces] During a disaster or such drill or exercise, disaster  emergency
    48  response  personnel  in  the state shall operate under the direction and
    49  command of the [state director of civil defense] chair of  such  commis-
    50  sion,  and shall possess the same powers, duties, rights, privileges and
    51  immunities as are applicable in a civil defense drill held at the direc-
    52  tion of the state civil defense commission under the provisions  of  the
    53  New York state defense emergency act.
    54    2.  Local  use  of  [civil defense forces] disaster emergency response
    55  personnel. a. Upon the threat or occurrence of a  disaster,  and  during
    56  and  immediately following the same, and except as otherwise provided in

        S. 6606--B                         67                         A. 9706--C
 
     1  paragraph d of this subdivision, the county chief executive  may  direct
     2  the  [civil  defense director] emergency management director of a county
     3  to assist in the protection and preservation of human life  or  property
     4  by  [holding a civil defense drill and training exercise at the scene of
     5  the disaster and at any other appropriate places within the  county,  in
     6  which  all  or any civil defense forces may be called upon] calling upon
     7  disaster emergency response personnel employed  by  or  supporting  that
     8  county,  as  specified  in the county comprehensive emergency management
     9  plan, to perform the [civil defense] emergency response duties  assigned
    10  to them.
    11    b. The [civil defense forces] disaster emergency response personnel of
    12  the  county  shall  be  regarded as a reserve disaster force to be acti-
    13  vated, in whole [in] or in part, by the county [civil defense  director]
    14  emergency  management  director  upon  the direction of the county chief
    15  executive when the county chief executive, in his or her discretion,  is
    16  convinced  that  the  personnel  and  resources  of  local municipal and
    17  private agencies normally available for disaster assistance are insuffi-
    18  cient adequately to cope with the disaster.
    19    c. Except as provided in paragraph d of this subdivision,  the  county
    20  chief executive may exercise the power conferred upon him in paragraph a
    21  of this subdivision, or may deactivate the [civil defense forces] disas-
    22  ter  emergency  response personnel of the county in whole or in part, on
    23  his own motion or upon the request of the chief executive officer  of  a
    24  village,  town or city located within the county of which he is an offi-
    25  cer.
    26    d. Where the local office of [civil defense] public safety or emergen-
    27  cy management in a city is independent of the county  office  of  [civil
    28  defense]  public  safety or emergency management and is not consolidated
    29  therewith, the county chief executive  may  direct  the  [civil  defense
    30  director]  emergency management director of the county to render assist-
    31  ance within such city only when the chief executive officer of such city
    32  has certified to him that the [civil defense forces] disaster  emergency
    33  response  personnel  of  the  city  have  been activated pursuant to the
    34  provisions of subdivision three of this section and that  all  resources
    35  available locally are insufficient adequately to cope with the disaster.
    36    e. When performing disaster assistance pursuant to this section, coun-
    37  ty  [civil  defense  forces] disaster emergency response personnel shall
    38  operate under the direction and command of the  county  [civil  defense]
    39  emergency  management  director and his or her duly authorized deputies,
    40  and shall possess the same powers, duties, rights, privileges and  immu-
    41  nities  they  would  possess  when  performing their duties in a locally
    42  sponsored civil defense drill or training exercise in the civil or poli-
    43  tical subdivision in which  they  are  enrolled,  employed  or  assigned
    44  [civil defense] emergency response responsibilities.
    45    f.  The chief executive officer of a city shall be responsible for the
    46  conduct of disaster operations within the city, including the operations
    47  directed by the county [civil  defense]  emergency  management  director
    48  when  rendering  disaster  assistance  within  a  city  pursuant to this
    49  section.
    50    g. Outside of a city, the sheriff of the county, and in Nassau  county
    51  the  commissioner of police of the county of Nassau, shall supervise the
    52  operations of the [civil defense director] emergency management director
    53  when rendering peace officer duties incident to disaster assistance. The
    54  sheriff and such commissioner may delegate such supervisory power to  an
    55  elected or appointed town or village official in the area affected.

        S. 6606--B                         68                         A. 9706--C
 
     1    h. Neither the chief executive officer of a city, nor the county chief
     2  executive, nor any elected or appointed town or village official to whom
     3  the  county chief executive has delegated supervisory power as aforesaid
     4  shall be held responsible for acts or omissions of [civil defense  forc-
     5  es]  disaster  emergency  response  personnel  when  performing disaster
     6  assistance.
     7    3. City use of [civil  defense  forces]  disaster  emergency  response
     8  personnel.  a.  Upon  the threat or occurrence of a disaster, and during
     9  and immediately following the same, and except as otherwise provided  in
    10  paragraph  d  of  this  subdivision,  the  chief executive of a city may
    11  direct the [civil defense] emergency management director of the city  to
    12  assist  in  the protection and preservation of human life or property by
    13  [holding a civil defense drill and training exercise at the scene of the
    14  disaster and at any other appropriate places within the city,  in  which
    15  all  or  any  civil defense forces may be called upon] calling upon city
    16  disaster emergency response personnel to  perform  the  [civil  defense]
    17  emergency response duties assigned to them.
    18    b. The [civil defense forces] disaster emergency response personnel of
    19  the  city shall be regarded as a reserve disaster force to be activated,
    20  in whole or in part, by the city [civil  defense]  emergency  management
    21  director  upon  the direction of the chief executive officer of the city
    22  when the latter, in his or her discretion, is convinced that the person-
    23  nel and resources of  local  municipal  and  private  agencies  normally
    24  available  for  disaster  assistance are insufficient adequately to cope
    25  with the disaster.
    26    c. Except as provided in paragraph d of this  subdivision,  the  chief
    27  executive officer of a city may exercise the power conferred upon him in
    28  paragraph  a  of  this subdivision, or may deactivate the [civil defense
    29  forces] disaster emergency response personnel of the city in whole or in
    30  part, on his own motion or upon the request of  the  head  of  the  city
    31  police force.
    32    d. Where the local office of [civil defense] emergency management in a
    33  city  is under the jurisdiction of a consolidated county office of civil
    34  defense as provided in the New York state  defense  emergency  act,  the
    35  chief  executive  officer  of such city seeking the assistance of [civil
    36  defense forces] disaster emergency response personnel in the  protection
    37  and  preservation  of human life or property within such city because of
    38  such disaster, must request the same from the county chief executive  in
    39  which  such  city is located, in the same manner as provided for assist-
    40  ance to towns and villages in subdivision two of this section.
    41    e. When performing disaster assistance pursuant to  this  subdivision,
    42  [city  civil defense forces] disaster emergency response personnel shall
    43  operate under the direction and  command  of  the  city  [civil  defense
    44  director]  emergency  management director and his or her duly authorized
    45  deputies, and shall possess the same powers, duties, rights, privileges,
    46  and immunities they would possess when  performing  their  duties  in  a
    47  locally  sponsored  civil defense drill or training exercise in the city
    48  in which they are enrolled, employed or assigned [civil  defense]  emer-
    49  gency response responsibilities.
    50    f.  Where  the city [civil defense forces] disaster emergency response
    51  personnel have been directed to  assist  in  local  disaster  operations
    52  pursuant  to  paragraph  a  of this subdivision, and the chief executive
    53  officer of the city is convinced that the  personnel  and  resources  of
    54  local  municipal  and  private  agencies normally available for disaster
    55  assistance, including local [civil defense  forces]  disaster  emergency
    56  response  personnel, are insufficient adequately to cope with the disas-

        S. 6606--B                         69                         A. 9706--C
 
     1  ter, he or she may certify the fact to the county  chief  executive  and
     2  request  the county chief executive to direct the county [civil defense]
     3  emergency management director to  render  assistance  in  the  city,  as
     4  provided in subdivision two of this section.
     5    g.  The chief executive officer of a city shall be responsible for the
     6  conduct of disaster operations within the city, including the operations
     7  directed by the county [civil defense]  emergency  management  director,
     8  when rendering disaster assistance within a city pursuant to this subdi-
     9  vision.
    10    h. Neither the chief executive officer of a city, nor the county chief
    11  executive,  shall  be  held  responsible for acts or omissions of [civil
    12  defense forces] disaster emergency response  personnel  when  performing
    13  disaster assistance.
    14    §  8.  Paragraph (e) of subdivision 1 of section 29-e of the executive
    15  law, as added by chapter 603 of the laws of 1993, is amended to read  as
    16  follows:
    17    (e)  "The  [state] office of emergency management [office]" shall mean
    18  the office within the [office of military and naval affairs that assists
    19  the disaster preparedness commission  in  implementing  the  powers  and
    20  duties  of  the  disaster  preparedness commission] division of homeland
    21  security and emergency services.
    22    § 9. Paragraphs (a), (f) and (g) of subdivision 3 of section  29-e  of
    23  the  executive  law,  as  added  by chapter 603 of the laws of 1993, are
    24  amended to read as follows:
    25    (a) Upon  the  issuance  of  a  declaration  of  significant  economic
    26  distress  due to unanticipated natural disaster by the governor, a muni-
    27  cipality recognized by the governor as being affected by  such  disaster
    28  which  occurred on or after December first, nineteen hundred ninety-two,
    29  may apply to the [state emergency management office] division  of  home-
    30  land  security  and  emergency  services  on  a  form prescribed by such
    31  office, for reimbursement from the state's contingency reserve fund  for
    32  reimbursement  of  extraordinary and unanticipated costs associated with
    33  the reconstruction or repair of public buildings, facilities or  infras-
    34  tructure.
    35    (f) In providing assistance pursuant to this section, the [state emer-
    36  gency  management  office]  division  of homeland security and emergency
    37  services may give preference to applicants which demonstrate the  great-
    38  est  need  or  which  document  that such assistance will be utilized to
    39  bring the applicant into compliance with federal or state law.
    40    (g) In the event that amounts appropriated are insufficient to provide
    41  for full reimbursement of  all  extraordinary  and  unanticipated  costs
    42  incurred  by  such  municipality  approved for reimbursement pursuant to
    43  this section, the [state emergency management office] division of  home-
    44  land security and emergency services is authorized to provide a pro rata
    45  share of the appropriations, appropriated herein, to such municipality.
    46    §  10.  Paragraphs (a) and (b) of subdivision 4 of section 29-e of the
    47  executive law, as added by chapter 603 of the laws of 1993, are  amended
    48  to read as follows:
    49    (a)  The  [adjutant  general] commissioner of the division of homeland
    50  security and emergency services as defined in article [nine]  twenty-six
    51  of  this  chapter  with  the [advise] advice and consent of the disaster
    52  preparedness commission created pursuant to this article, shall have the
    53  power to make such rules and regulations as may be necessary and  proper
    54  to effectuate the purposes of this section.
    55    (b)  The  [adjutant  general] commissioner of the division of homeland
    56  security and emergency services shall by March fifteenth  of  each  year

        S. 6606--B                         70                         A. 9706--C

     1  report to the governor and the legislature describing the activities and
     2  operation  of  the program authorized by this section. Such report shall
     3  set  forth  the  number  of  reimbursement  applications  received   and
     4  approved;  the  identities  of  the counties, cities, towns and villages
     5  receiving reimbursement together with the  amount  and  purpose  of  the
     6  reimbursement.
     7    §  10-a.  The executive law is amended by adding a new section 29-h to
     8  read as follows:
     9    § 29-h. Intrastate mutual aid program. 1. Creation.  There  is  hereby
    10  created  the intrastate mutual aid program to complement existing mutual
    11  aid agreements in the event of a  disaster  that  results  in  a  formal
    12  declaration  of  an  emergency  by a participating local government. All
    13  local governments within the state, excepting those which  affirmatively
    14  choose  not  to  participate in accordance with subdivision four of this
    15  section, are deemed to be participants in the program.
    16    2. Definitions. As used in this section,  the  following  terms  shall
    17  have the following meanings:
    18    a.  "Employee"  means  any  person  holding  a  position  by election,
    19  appointment, or employment by a local government;
    20    b. "Local government" means any county, city, town or village  of  the
    21  state;
    22    c.  "Local  emergency  management  officer" means the local government
    23  official responsible for emergency preparedness, response and recovery;
    24    d. "Requesting local government" means the local government that  asks
    25  another  local government for assistance during a declared emergency, or
    26  for the purposes of conducting training, or undertaking a drill or exer-
    27  cise;
    28    e. "Assisting local government" means one or  more  local  governments
    29  that  provide  assistance  pursuant  to  a request for assistance from a
    30  requesting local government during a  declared  emergency,  or  for  the
    31  purposes of conducting training, or undertaking a drill or exercise; and
    32    f. "Disaster" shall have the same meaning as in section twenty of this
    33  article.
    34    3.  Intrastate  mutual  aid  program  committee established; meetings;
    35  powers and duties. a.  There  is  hereby  created  within  the  disaster
    36  preparedness  commission an intrastate mutual aid program committee, for
    37  purposes of this section to be referred to as the committee, which shall
    38  be chaired by the commissioner of the division of homeland security  and
    39  emergency  services, and shall include the state fire administrator, the
    40  commissioner of health, and the commissioner of agriculture and markets,
    41  provided that each such official may appoint a designee to serve in  his
    42  or  her  place  on the committee.  The committee shall also include five
    43  representatives from local public safety or emergency response agencies,
    44  who shall serve a maximum two-year term, to be appointed by the  commis-
    45  sioner of the division of homeland security and emergency services, with
    46  regard  to  a balance of geographic representation and discipline exper-
    47  tise.
    48    b. The committee, on the call of the chairperson, shall meet at  least
    49  twice  each year and at such other times as may be necessary. The agenda
    50  and meeting place of all regular meetings shall be made available to the
    51  public in advance of such meetings and all such meetings shall  be  open
    52  to the public.
    53    c. The committee shall have the following powers and responsibilities:
    54    (1)  to  promulgate rules and regulations, acting through the division
    55  of homeland security and emergency services, to implement the intrastate
    56  mutual aid program as described in this section;

        S. 6606--B                         71                         A. 9706--C
 
     1    (2) to develop policies, procedures and guidelines associated with the
     2  program, including a process for the reimbursement  of  assisting  local
     3  governments by requesting local governments;
     4    (3) to evaluate the use of the intrastate mutual aid program;
     5    (4) to examine issues facing participating local governments regarding
     6  the implementation of the intrastate mutual aid program; and
     7    (5)  to  prepare  reports  to  the  disaster  preparedness  commission
     8  discussing the effectiveness of mutual  aid  in  the  state  and  making
     9  recommendations  for  improving the efficacy of the system, if appropri-
    10  ate.
    11    4.  Local  government  participation  in  the  intrastate  mutual  aid
    12  program.  a.  A  local  government  may  elect not to participate in the
    13  intrastate mutual aid program, or to withdraw from the program,  by  its
    14  governing  body  enacting  a  resolution declaring that it elects not to
    15  participate in the program and providing such resolution to the division
    16  of homeland security and  emergency  services.    Participation  in  the
    17  program  will  continue  until a copy of such resolution is received and
    18  confirmed by the division of homeland security and emergency services.
    19    b. A local government that has declined to participate in the  program
    20  may,  acting  by  resolution  through its governing body and providing a
    21  copy of the resolution to the division of homeland security and emergen-
    22  cy services, elect to participate in the program.
    23    c. Nothing in this section shall  preclude  a  local  government  from
    24  entering  into  mutual  aid  agreements  with other local governments or
    25  other entities with terms that supplement or differ from the  provisions
    26  of this section.
    27    d. Nothing in this section shall affect any other agreement to which a
    28  local  government may currently be a party, or later enter into, includ-
    29  ing, but not limited to, the state  fire  mobilization  and  mutual  aid
    30  plan.
    31    5.  Fire  related  resources.    Notwithstanding  the authority vested
    32  pursuant to this section, all fire related resources shall  be  adminis-
    33  tered  pursuant  to  section two hundred nine-e of the general municipal
    34  law.
    35    6. Requesting assistance under the intrastate mutual aid program. a. A
    36  participating local government may request assistance of  other  partic-
    37  ipating  local  governments in preventing, mitigating, responding to and
    38  recovering from disasters that result in  locally-declared  emergencies,
    39  or for the purpose of conducting multi-jurisdictional or regional train-
    40  ing,  drills or exercises.  Requests for assistance may be made verbally
    41  or in writing; verbal requests shall be memorialized in writing as  soon
    42  thereafter as is practicable.
    43    b. Once an emergency is declared at the county level, all requests and
    44  offers  for  assistance,  to the extent practical, shall be made through
    45  the county emergency management office, or in the case of  the  city  of
    46  New  York,  through  the city emergency management office.  All requests
    47  for assistance should include:
    48    (1) a description of the disaster;
    49    (2) a description of the assistance needed;
    50    (3) a description of the mission for which assistance is requested;
    51    (4) an estimate of the length of time the assistance will be needed;
    52    (5) the specific place and time for staging of the  assistance  and  a
    53  point of contact at that location; and
    54    (6)  any other information that will enable an assisting local govern-
    55  ment to respond appropriately to the request.

        S. 6606--B                         72                         A. 9706--C
 
     1    c. Assisting local governments shall submit to  the  requesting  local
     2  government an inventory of the resources being deployed.
     3    d. The written request for assistance and all inventories of resources
     4  being  deployed  shall be submitted to the division of homeland security
     5  and emergency services within three calendar days of the request for  or
     6  deployment of such resources.
     7    7.  Division  of homeland security and emergency services responsibil-
     8  ities under the intrastate mutual aid program.  The division of homeland
     9  security and emergency services shall provide notification  by  mail  to
    10  each local government with a comprehensive description of the intrastate
    11  mutual aid program, including a statement that all local governments are
    12  participants  of  the  program unless they expressly opt out pursuant to
    13  subdivision four of this section; maintain a current list of participat-
    14  ing local governments with their authorized representatives and  contact
    15  information, and provide a copy of the list to each of the participating
    16  local  governments  on an annual basis during the second quarter of each
    17  calendar year; monitor and report to the intrastate mutual  aid  program
    18  committee  on  the  use of the intrastate mutual aid program; coordinate
    19  the provision of mutual aid resources in accordance with the  comprehen-
    20  sive emergency management plan and supporting protocols; identify mutual
    21  aid  best  practices; when practical, provide the committee with statis-
    22  tical information related  to  the  use  of  mutual  aid  during  recent
    23  regional  disaster responses; and assist with the development, implemen-
    24  tation and management of a state-wide resource typing system.
    25    8. Reimbursement of assisting jurisdiction by requesting jurisdiction;
    26  resolving disputes  regarding  reimbursement.  a.  Any  assisting  local
    27  government  requesting  aid  under  this  program  for  loss,  damage or
    28  expenses incurred in connection with the provision  of  aid  that  seeks
    29  reimbursement by the requesting local government shall make such request
    30  in  accordance  with  procedures  developed by the intrastate mutual aid
    31  committee.
    32    b. Where a dispute arises between an assisting local government and  a
    33  requesting local government regarding reimbursement for loss, damages or
    34  expenses  incurred  in connection with the provision of aid, the parties
    35  will make every effort to resolve the  dispute  within  thirty  business
    36  days  of written notice of the dispute by the party asserting noncompli-
    37  ance.
    38    9. Liability. a. Each local government is  responsible  for  procuring
    39  and maintaining insurance or other coverage as it deems appropriate.
    40    b.  Nothing  in  this  section  shall  be  construed  to  provide  any
    41  protection against liability, or to create any liability, for  an  indi-
    42  vidual  who  responds  to  a  state  of emergency where aid has not been
    43  requested, or where aid has not  been  authorized  by  the  individual's
    44  local government.
    45    10.  Obligation  of  insurers.   Nothing in this section shall impair,
    46  alter, limit or modify the rights or obligations of  any  insurer  under
    47  any policy of insurance.
    48    §  11.    Section 31 of the executive law, as amended by chapter 37 of
    49  the laws of 1962, subdivision 11 as amended by chapter 827 of  the  laws
    50  of  1972 and subdivision 13 as added by chapter 430 of the laws of 1997,
    51  is amended to read as follows:
    52    § 31. Divisions. There  shall  be  in  the  executive  department  the
    53  following divisions:
    54    1. The division of the budget.
    55    2. The division of military and naval affairs.
    56    3. The office of general services.

        S. 6606--B                         73                         A. 9706--C
 
     1    4. The division of state police.
     2    5. The division of parole.
     3    6. The division of housing.
     4    7. The division of alcoholic beverage control.
     5    8. [Commission against discrimination] The division of human rights.
     6    9. [The division of safety.
     7    10.] The division of veterans' affairs.
     8    [11. The office of planning services.
     9    12. State civil defense commission] 10. The division of homeland secu-
    10  rity and emergency services.
    11    [13.] 11. Office for technology.
    12    The  governor  may establish, consolidate, or abolish additional divi-
    13  sions and bureaus.
    14    § 12. (a) Findings. The functions of the office  for  fire  prevention
    15  and control and the state office of emergency management are critical to
    16  public  health  and safety, as is the function of the office of homeland
    17  security. The purpose of this section is to preserve and  enhance  these
    18  functions by consolidating these agencies.  The goal of consolidation is
    19  not  to  reduce  the performance of either function, but rather to inte-
    20  grate them so as to perform them in the most effective possible way.
    21    (b) Consolidation. The powers, duties and unfinished business  of  the
    22  state  emergency  management  office in the executive department and the
    23  office for fire prevention and control in the department  of  state  are
    24  transferred to the division of homeland security and emergency services,
    25  created  in  article  26  of the executive law and formerly known as the
    26  office of homeland security. All assets, liabilities and records of  the
    27  state emergency management office and the office for fire prevention and
    28  control  are  transferred to the division of homeland security and emer-
    29  gency services.  For the purpose of  succession  to  functions,  powers,
    30  duties  and  obligations  transferred and assigned to, devolved upon and
    31  assumed by it pursuant to this act, the division  of  homeland  security
    32  and  emergency  services  shall  be  deemed  and  held to constitute the
    33  continuation of the state emergency management office,  and  the  office
    34  for fire prevention and control.
    35    (c)  Transfer  of employees.  (i) All employees of the state emergency
    36  management office shall be transferred to the division of homeland secu-
    37  rity and emergency services.  This transfer of employees shall be deemed
    38  to be a transfer of function pursuant to subdivision 2 of section 70  of
    39  the  civil  service law.   Officers and employees of the state emergency
    40  management office who are in the classified service shall be transferred
    41  without further examination or qualification,  and  shall  retain  their
    42  respective  civil  service  classification,  status  and bargaining unit
    43  representation.  Officers and employees of the state  emergency  manage-
    44  ment  office  in  the unclassified service of the state shall be  trans-
    45  ferred to the division of homeland security and  emergency  services  in
    46  accordance with the provisions of section 45 of the civil service law as
    47  if the state had taken over a private entity.
    48    (ii)  Those employees in the department of state substantially engaged
    49  in the performance of fire prevention and control shall  be  transferred
    50  to the division of homeland security and emergency services. This trans-
    51  fer  of  employees shall be deemed to be a transfer of function pursuant
    52  to subdivision 2 of section 70 of the civil service law.  The  heads  of
    53  the  department of state and the division of homeland security and emer-
    54  gency services shall confer to determine the officers and employees  who
    55  are substantially engaged in the performance of such function.  Officers
    56  and employees identified as substantially engaged in such function shall

        S. 6606--B                         74                         A. 9706--C
 
     1  be  transferred  without further examination or qualification, and shall
     2  retain  their  respective  civil  service  classification,  status   and
     3  bargaining unit representation.
     4    (iii)  Those  employees  of  the  office  for technology substantially
     5  engaged in interoperable and emergency communications  shall  be  trans-
     6  ferred to the division of homeland security and emergency services. This
     7  transfer  of  employees  shall  be  deemed  to be a transfer of function
     8  pursuant to subdivision 2 of section 70 of the civil  service  law.  The
     9  heads of the office for technology and the division of homeland security
    10  and  emergency  services  shall  confer  to  determine  the officers and
    11  employees who are substantially engaged in the performance of such func-
    12  tion.  Officers and employees identified  as  substantially  engaged  in
    13  such function shall be transferred without further examination or quali-
    14  fication,  and  shall  retain their respective civil service classifica-
    15  tion, status and bargaining unit representation.
    16    (d) Pending actions and proceedings.  No  action  pending  as  of  the
    17  effective  date  of  this  act brought by or against the state office of
    18  emergency management or the office for fire prevention  and  control  or
    19  their  directors shall be affected by any provision of this act, but the
    20  same may be prosecuted or defended in the name of  the  commissioner  of
    21  the division of homeland security and emergency services who shall, upon
    22  application to the court, be substituted as a party.
    23    (e)  Continuation  of  rules  and regulations. All rules, regulations,
    24  acts, determinations and decisions of  the  state  office  of  emergency
    25  management  or  office  for  fire prevention and control in force at the
    26  time of the effective date of this  act  shall  continue  in  force  and
    27  effect  as rules, regulations, acts, determinations and decisions of the
    28  commissioner of the division of homeland security and emergency services
    29  until duly modified or abrogated by the commissioner of the division  of
    30  homeland security and emergency services.
    31    (f)  Transfer  of  appropriations.  All appropriations and reappropri-
    32  ations heretofore made to the state office of emergency  management,  to
    33  the  extent  of  remaining  unexpended or unencumbered balances thereof,
    34  whether allocated or unallocated and whether obligated  or  unobligated,
    35  shall  be  transferred  to and made available for use and expenditure by
    36  the division of homeland security and emergency services.
    37    § 13. The article heading of article 26 of the executive law, as added
    38  by section 1 of part B of chapter 1 of the laws of 2004, is  amended  to
    39  read as follows:
    40                     [STATE OFFICE OF HOMELAND SECURITY]
    41            DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
    42    §  14. Section 709 of the executive law, as added by section 2 of part
    43  B of chapter 1 of the laws of 2004, paragraphs (p) and (q)  of  subdivi-
    44  sion 2 as amended and paragraph (r) of subdivision 2 as added by chapter
    45  620  of  the  laws of 2005, paragraph (q) of subdivision 2 as separately
    46  amended and paragraph (r) of subdivision 2 as added by  chapter  537  of
    47  the laws of 2005, is amended to read as follows:
    48    §  709. [State office of homeland security] Division of homeland secu-
    49  rity and emergency services; creation; powers and duties.   1. There  is
    50  hereby  created  within the executive department the [office of homeland
    51  security] division of homeland security and  emergency  services,  which
    52  shall have and exercise the powers and duties set forth in this article.
    53  Any  reference  to the 'office of public security', the 'office of home-
    54  land security', the 'state emergency management office', the 'office  of
    55  cyber  security'  or  the 'office of fire prevention and control' in the
    56  laws of New York state, executive orders, or contracts entered  into  on

        S. 6606--B                         75                         A. 9706--C
 
     1  behalf  of  the  state  shall be deemed to refer to the [state office of
     2  homeland security] division of homeland security and emergency services.
     3    2. The [office] division shall have the power and duty to:
     4    (a)  oversee  and coordinate the state's homeland security and compre-
     5  hensive emergency management resources, subject to any  laws,  rules  or
     6  regulations governing the budgeting and appropriation of funds;
     7    (b)  review  homeland  security and comprehensive emergency management
     8  policies, protocols and strategies of state agencies. The agencies shall
     9  include, but not be limited to, [the division of state police,  division
    10  of  military  and  naval  affairs,  state  emergency  management office,
    11  department of health, department of environmental conservation, division
    12  of criminal justice services, department of state, office for  technolo-
    13  gy, and the department of transportation] the state agencies included on
    14  the disaster preparedness commission as identified in section twenty-one
    15  of this chapter;
    16    (c)  develop  policies, protocols and strategies, which may be used to
    17  prevent, detect, respond to and recover from terrorist acts  or  threats
    18  and  other  natural  and  man-made disasters, which for purposes of this
    19  section shall have the same meaning as defined in article two-B of  this
    20  chapter;
    21    (d) identify potential inadequacies in the state's policies, protocols
    22  and  strategies to detect, respond to and recover from terrorist acts or
    23  threats and other natural and man-made disasters;
    24    (e) undertake periodic drills and simulations designed to  assess  and
    25  prepare  responses  to  terrorist  acts or threats and other natural and
    26  man-made disasters;
    27    (f) coordinate state resources for  the  collection  and  analysis  of
    28  information  relating  to terrorist threats and terrorist activities and
    29  other natural and man-made disasters throughout the state subject to any
    30  applicable laws, rules, or regulations;
    31    (g) coordinate and facilitate information sharing among local,  state,
    32  and  federal law enforcement agencies to ensure appropriate intelligence
    33  to assist in the early  identification  of  and  response  to  potential
    34  terrorist  activities  and other natural and man-made disasters, subject
    35  to any applicable laws, rules, or  regulations  governing  the  release,
    36  disclosure or sharing of any such information;
    37    (h)  assess  the preparedness of state and local public health systems
    38  to respond to terrorist acts and other natural and  man-made  disasters,
    39  including ensuring the availability of early warning systems designed to
    40  detect  potential  threats  and determining adequacy and availability of
    41  necessary vaccines and pharmaceuticals and hospital capacity;
    42    (i) coordinate strategies,  protocols  and  first-responder  equipment
    43  needs  that  may be used to monitor, detect, respond to and mitigate the
    44  consequences of a potential biological, chemical or radiological terror-
    45  ist act or threat;
    46    (j) work with local, state and federal agencies and  private  entities
    47  to  conduct  assessments of the vulnerability of critical infrastructure
    48  to terrorist attack and other natural and man-made disasters, including,
    49  but not limited to, nuclear facilities, power plants, telecommunications
    50  systems, mass transportation systems, public roadways, railways, bridges
    51  and tunnels, and develop strategies that may be  used  to  protect  such
    52  infrastructure  from  terrorist  attack  and  other natural and man-made
    53  disasters;
    54    (k) develop plans that may be used  to  promote  rapid  recovery  from
    55  terrorist  attacks  and  other natural and man-made disasters, to ensure

        S. 6606--B                         76                         A. 9706--C
 
     1  prompt restoration of transportation, utilities, critical communications
     2  and information systems and to protect such infrastructure;
     3    (l)  develop  plans  that  may be used to contain and remove hazardous
     4  materials used in a terrorist attack or released as a result of  natural
     5  or man-made disaster;
     6    (m)  act  as  primary  contact with the federal department of homeland
     7  security;
     8    (n) adopt, promulgate, amend and  rescind  rules  and  regulations  to
     9  effectuate  the  provisions  and purposes of this article and the powers
    10  and duties of the [office] division in connection therewith;
    11    (o) consult with appropriate state and local governments, institutions
    12  of higher learning, first responders, health care providers and  private
    13  entities  as necessary to effectuate the provisions of this article, and
    14  work with those entities to establish, facilitate and foster cooperation
    15  to better prepare the state to prevent and respond to threats  and  acts
    16  of terrorism and other natural and man-made disasters;
    17    (p)  to  serve  as  a  clearinghouse for the benefit of municipalities
    18  regarding information relating to available federal, state and  regional
    19  grant  programs in connection with homeland security, disaster prepared-
    20  ness,  communication  infrastructure  and  emergency   first   responder
    21  services,  and  to  promulgate rules and regulations necessary to ensure
    22  that grant information is timely posted  on  the  [office's]  division's
    23  website;
    24    (q) request from any department, division, office, commission or other
    25  agency  of  the state or any political subdivision thereof, and the same
    26  are authorized to provide, such assistance, services and data as may  be
    27  required by the [office of homeland security] division of homeland secu-
    28  rity  and  emergency services in carrying out the purposes of this arti-
    29  cle, subject to applicable laws, rules, and regulations; [and]
    30    (r)  develop  standards  and  a  certification  process  for  training
    31  programs  for training of private security officers in commercial build-
    32  ings which shall:
    33    (i) improve observation, detection and reporting skills;
    34    (ii) improve  coordination  with  local  police,  fire  and  emergency
    35  services;
    36    (iii)  provide  and  improve  skills in working with advanced security
    37  technology including surveillance and access control procedures;
    38    (iv) require at least forty hours of training including three hours of
    39  training devoted to terrorism awareness; and
    40    (v) have been certified as a qualified program by the [state office of
    41  homeland  security.]  division  of  homeland  security   and   emergency
    42  services;
    43    [(r)]  (s)  work  in  consultation with or make recommendations to the
    44  commissioner of agriculture and markets in developing  rules  and  regu-
    45  lations relating to ammonium nitrate security[.]; and
    46    (t) develop, maintain, and deploy state, regional and local all-hazard
    47  incident management teams.
    48    3.  The  division  of  homeland  security and emergency services shall
    49  consist of several offices including, but not limited to, the office  of
    50  counterterrorism,  which  shall  have the powers, and be responsible for
    51  carrying out the duties, including but not limited to those set forth in
    52  section seven hundred nine-a of this article; the  office  of  emergency
    53  management, which shall have the powers, and be responsible for carrying
    54  out  the duties, including but not limited to those set forth in article
    55  two-B of this chapter; the office of fire prevention and control,  which
    56  shall  have  the powers, and be responsible for carrying out the duties,

        S. 6606--B                         77                         A. 9706--C
 
     1  including but not limited to those set forth in article  six-C  of  this
     2  chapter;  the office of cyber security, which shall have the powers, and
     3  be responsible for carrying out the duties, including but not limited to
     4  those  set  forth  in section seven hundred fifteen of this article; and
     5  the office of interoperable and emergency  communications,  which  shall
     6  have the powers, and be responsible for carrying out the duties, includ-
     7  ing  but  not limited to those set forth in section seven hundred seven-
     8  teen of this article.
     9    4. As set forth in section seven hundred  ten  of  this  article,  the
    10  commissioner of the division of homeland security and emergency services
    11  shall  be  appointed by the governor, with the advice and consent of the
    12  senate, and hold office at the pleasure of the governor.  The  directors
    13  of   the   offices   of  counterterrorism,  emergency  management,  fire
    14  prevention and control, cyber security, and interoperable and  emergency
    15  communications,  and  such other offices as may be established, shall be
    16  appointed by, and hold office at the pleasure of, the governor and  they
    17  shall  report  to  the commissioner of the division of homeland security
    18  and emergency services.
    19    5. The directors of the offices of counterterrorism, emergency manage-
    20  ment, fire prevention and control,  cyber  security,  interoperable  and
    21  emergency  communications,  and  of  such other offices as may be estab-
    22  lished, shall, in consultation with the commissioner, have the authority
    23  to promulgate rules and regulations to carry out  the  duties  of  their
    24  office,  including the establishment of fees necessary to compensate for
    25  costs associated with the delivery of training and services.
    26    6. The directors of the offices of counterterrorism, emergency manage-
    27  ment, fire prevention and control,  cyber  security,  interoperable  and
    28  emergency  communications, and such other offices as may be established,
    29  shall have the authority to enter into contracts with any person,  firm,
    30  corporation, municipality, or government entity.
    31    7.  Annual report of the division. The commissioner of the division of
    32  homeland security and emergency services shall,  on  or  before  January
    33  first  in  each year, submit to the governor, the temporary president of
    34  the senate, and the speaker of the assembly,  a  report  concerning  the
    35  performance  of  the  division  with  respect to outreach to businesses,
    36  not-for-profit  organizations,  and  the  general  public,  which  shall
    37  include information regarding the content and scope of seminars, confer-
    38  ences,  surveys, programs, and other programmatic means of engaging such
    39  parties to identify and meet the needs of such parties with  respect  to
    40  emergency  mitigation,  preparedness,  response,  and  recovery, and the
    41  participation of such parties therein.
    42    § 15. Section 710 of the executive law, as added by section 2 of  part
    43  B of chapter 1 of the laws of 2004, is amended to read as follows:
    44    §  710.  [Director of the office of homeland security] Commissioner of
    45  the division of homeland security and emergency services; appointment of
    46  the [director] commissioner; powers and duties. 1. The [director of  the
    47  office  of homeland security (director)] commissioner of the division of
    48  homeland  security  and  emergency  services  (commissioner)  shall   be
    49  appointed  by  the  governor,  by and with the advice and consent of the
    50  senate, and hold office at the pleasure of the governor. [The salary  of
    51  the  director  shall  be  fixed at a level commensurate with that of the
    52  state officers identified in paragraph (a) of subdivision one of section
    53  one hundred sixty-nine of this chapter.]
    54    2. The [director] commissioner, acting by  and  through  the  [office]
    55  division, shall have the power and duty to:

        S. 6606--B                         78                         A. 9706--C
 
     1    (a)  administer  the  duties of the [office] division pursuant to this
     2  section;
     3    (b)  administer such other duties as may be devolved upon the [office]
     4  division from time to time pursuant to law;
     5    (c) cooperate with and assist other  state  and  federal  departments,
     6  boards,  commissions, agencies and public authorities in the development
     7  and administration of policies and  protocols  which  will  enhance  the
     8  safety and security of the citizens of the state;
     9    (d) enter into contracts with any person, firm, corporation or govern-
    10  mental  agency,  and do all things necessary to carry out the functions,
    11  powers and duties expressly set forth in this article,  subject  to  any
    12  applicable laws, rules or regulations;
    13    (e) establish offices, departments and bureaus and make changes there-
    14  in  as  he  or  she may deem necessary to carry out the functions of the
    15  [office] division[.  One of the divisions within the office shall be the
    16  office of cyber security and critical infrastructure coordination  which
    17  shall  be  dedicated to the identification and mitigation of the state's
    18  cyber security infrastructure vulnerabilities]; [and]
    19    (f) subject to the provisions of this article and  the  civil  service
    20  law, and the rules and regulations adopted pursuant thereto, the [direc-
    21  tor]  commissioner  may  appoint  other  officers, employees, agents and
    22  consultants as may be  necessary,  prescribe  their  duties,  fix  their
    23  compensation,  and provide for payment of their reasonable expenses, all
    24  within amounts  available  therefor  by  appropriation.  The  [director]
    25  commissioner  may transfer officers or employees from their positions to
    26  other positions in the [office] division, or abolish or consolidate such
    27  positions[.]; and
    28    (g) accept and contract as agent of the state for any gift to  support
    29  the  development and training missions of the division of homeland secu-
    30  rity and emergency services.
    31    § 15-a. The executive law is amended by adding a new section 709-a  to
    32  read as follows:
    33    §  709-a.  Office  of counterterrorism. The office of counterterrorism
    34  shall develop and analyze the state's policies, protocols and strategies
    35  relating to the prevention and detection of terrorist acts and terrorist
    36  threats. The office shall also be responsible for the collection, analy-
    37  sis and sharing of information relating to terrorist threats and terror-
    38  ist activities throughout the state; coordinating strategies,  protocols
    39  and  first responder equipment needs to detect a biological, chemical or
    40  radiological terrorist act or threat; working with private entities  and
    41  local,  state and federal agencies to conduct assessments of the vulner-
    42  ability of critical infrastructure to terrorist attack;  and  consulting
    43  with  appropriate  state  and  local governments and private entities to
    44  facilitate and foster cooperation to better prepare the state to prevent
    45  and detect threats and acts of terrorism.
    46    § 16. Section 713 of the executive law, as added by chapter 403 of the
    47  laws of 2003, paragraphs (a) and (b) of  subdivision  2  as  amended  by
    48  chapter  426  of  the  laws  of  2004, and such section as renumbered by
    49  section 2 of part B of chapter 1 of the laws of 2004, is amended to read
    50  as follows:
    51    § 713. Protection of critical infrastructure including energy generat-
    52  ing and transmission facilities. 1. Notwithstanding any other  provision
    53  of  law,  the [director of public security] commissioner of the division
    54  of homeland security and emergency services shall conduct a  review  and
    55  analysis  of  measures  being taken by the public service commission and
    56  any other agency or authority of the state or any political  subdivision

        S. 6606--B                         79                         A. 9706--C
 
     1  thereof  and,  to  the  extent  practicable,  of  any federal entity, to
     2  protect the security of critical infrastructure related to energy gener-
     3  ation and transmission located within the state. The [director of public
     4  security] commissioner of the division of homeland security and emergen-
     5  cy  services  shall  have  the authority to review any audits or reports
     6  related to the  security  of  such  critical  infrastructure,  including
     7  audits or reports conducted at the request of the public service commis-
     8  sion  or  any  other  agency  or authority of the state or any political
     9  subdivision thereof or, to the extent practicable, of any federal  enti-
    10  ty.  The  owners and operators of such energy generating or transmission
    11  facilities shall, in compliance with any federal and state  requirements
    12  regarding  the  dissemination of such information, provide access to the
    13  [director of public security] commissioner of the division  of  homeland
    14  security and emergency services to such audits or reports regarding such
    15  critical  infrastructure  provided,  however, that exclusive custody and
    16  control of such audits and reports shall remain solely with  the  owners
    17  and  operators of such energy generating or transmission facilities. For
    18  the purposes of this article, the term "critical infrastructure" has the
    19  meaning ascribed to that term in subdivision five of section  eighty-six
    20  of the public officers law.
    21    2.  (a) On or before December thirty-first, two thousand four, and not
    22  later than three years after such date, and every five years thereafter,
    23  the [director of public security] commissioner of the division of  home-
    24  land  security  and emergency services shall report to the governor, the
    25  temporary president of the senate, the  speaker  of  the  assembly,  the
    26  chairperson  of the public service commission and the chief executive of
    27  any such affected generating or  transmission  company  or  his  or  her
    28  designee.  Such  report  shall  review the security measures being taken
    29  regarding critical infrastructure related to energy generating and tran-
    30  smission facilities,  assess  the  effectiveness  thereof,  and  include
    31  recommendations  to  the legislature or the public service commission if
    32  the [director of public security] commissioner of the division of  home-
    33  land security and emergency services determines that additional measures
    34  are  required  to  be implemented, considering, among other factors, the
    35  unique characteristics of each energy generating or transmission facili-
    36  ty. [On or before April thirtieth, two thousand four,  the  director  of
    37  public  security  shall  make  a preliminary report to the governor, the
    38  temporary president of the senate, the  speaker  of  the  assembly,  the
    39  chairman  of  the  public service commission, and the chief executive of
    40  any such affected generating or  transmission  company  or  his  or  her
    41  designee.]
    42    (b)  Before  the receipt of such report identified in paragraph (a) of
    43  this subdivision, each recipient of such report shall develop  confiden-
    44  tiality  protocols, which shall be binding upon the recipient who issues
    45  the protocols and anyone to whom the  recipient  shows  a  copy  of  the
    46  report,  in  consultation with the [director of public security] commis-
    47  sioner of the division of homeland security and emergency  services  for
    48  the maintenance and use of such report so as to ensure the confidential-
    49  ity  of  the  report  and  all  information contained therein, provided,
    50  however, that such protocols shall not be binding upon a person  who  is
    51  provided  access  to  such  report  or any information contained therein
    52  pursuant to section eighty-nine of the public officers law after a final
    53  determination that access to such report or  any  information  contained
    54  therein  could  not  be  denied  pursuant  to subdivision two of section
    55  eighty-seven of the public officers law.  The [director of public  secu-
    56  rity]  commissioner  of  the division of homeland security and emergency

        S. 6606--B                         80                         A. 9706--C
 
     1  services shall also develop protocols for his or her office  related  to
     2  the maintenance and use of such report so as to ensure the confidential-
     3  ity of the report and all information contained therein. On each report,
     4  the  [director of public security] commissioner of the division of home-
     5  land security and  emergency  services  shall  prominently  display  the
     6  following  statement:  "this  report  may  contain  information  that if
     7  disclosed could endanger the life or safety of the  public,  and  there-
     8  fore,  pursuant  to  section seven hundred [ten] eleven of the executive
     9  law, this report is to be maintained and used  in  a  manner  consistent
    10  with protocols established to preserve the confidentiality of the infor-
    11  mation contained herein in a manner consistent with law".
    12    (c)  Except  in  the  case  of  federally licensed electric generating
    13  facilities, the public service commission shall have the  discretion  to
    14  require  that  the  recommendations of the [director of public security]
    15  commissioner of the division of homeland security and emergency services
    16  be implemented by any owner or operator of an energy generating or tran-
    17  smission facility. Recommendations regarding federally licensed electric
    18  generating facilities shall  instead  only  be  made  available  by  the
    19  [director  of  public security] commissioner of the division of homeland
    20  security and emergency services to the  appropriate  federal  agency  in
    21  compliance with any federal and state requirements regarding the dissem-
    22  ination of such information.
    23    3.  Any reports prepared pursuant to this article shall not be subject
    24  to disclosure pursuant to section eighty-eight of  the  public  officers
    25  law.
    26    §  17. Section 714 of the executive law, as added by section 1 of part
    27  C of chapter 1 of the laws of 2004, is amended to read as follows:
    28    § 714. Protection of critical infrastructure; storage  facilities  for
    29  hazardous  substances. 1. Notwithstanding any other provision of law and
    30  subject to the availability of an appropriation, the  [director  of  the
    31  office  of  homeland  security] commissioner of the division of homeland
    32  security and emergency services shall conduct a review and  analysis  of
    33  measures  being  taken by the owners and operators of facilities identi-
    34  fied pursuant to paragraph (b) of subdivision two  of  this  section  to
    35  protect  the security of critical infrastructure related to such facili-
    36  ties. The [director of the office of homeland security] commissioner  of
    37  the  division of homeland security and emergency services shall have the
    38  authority to review all audits or reports related  to  the  security  of
    39  such  critical  infrastructure,  including  all  such  audits or reports
    40  mandated by  state  and  federal  law  or  regulation,  including  spill
    41  prevention  reports  and  risk  management  plans,  audits  and  reports
    42  conducted at the request of the department of environmental conservation
    43  or at the request of any federal entity, or any other agency or authori-
    44  ty of the state  or  any  political  subdivision  thereof,  and  reports
    45  prepared  by owners and operators of such facilities as required in this
    46  subdivision. The owners and  operators  of  such  facilities  shall,  in
    47  compliance with any federal and state requirements regarding the dissem-
    48  ination  of  such  information,  provide  access to the [director of the
    49  office of homeland security] commissioner of the  division  of  homeland
    50  security  and  emergency  services  to such audits and reports regarding
    51  such critical infrastructure provided, however,  exclusive  custody  and
    52  control  of  such audits and reports shall remain solely with the owners
    53  and operators of such facilities to the extent not inconsistent with any
    54  other law. For the purposes of this section, the term "critical  infras-
    55  tructure"  has  the meaning ascribed to that term in subdivision five of
    56  section eighty-six of the public officers law.

        S. 6606--B                         81                         A. 9706--C
 
     1    2. To effectuate his or her duties pursuant to this section and  iden-
     2  tify  risks to the public, the [director of the office of homeland secu-
     3  rity] commissioner of the division of homeland  security  and  emergency
     4  services shall:
     5    (a)  within  six  months  of  the  effective  date of this section, in
     6  consultation with the commissioner of  environmental  conservation,  the
     7  commissioner  of health, and such representatives of the chemical indus-
     8  try and higher education as may be  appropriate,  prepare  a  list  that
     9  identifies  toxic  or hazardous substances, including but not limited to
    10  those substances listed as hazardous to public  health,  safety  or  the
    11  environment  in regulations promulgated pursuant to article thirty-seven
    12  of the environmental conservation law, as well as those  substances  for
    13  which the state possesses insufficient or limited toxicological informa-
    14  tion  but for which there exists preliminary evidence that the substance
    15  or the class of chemicals with similar physical and chemical  properties
    16  to which it belongs has the potential to cause death, injury, or serious
    17  adverse effects to human health or the environment, based on the severi-
    18  ty of the threat posed to the public by the unauthorized release of such
    19  substances.  Such list will be promulgated in accord with the provisions
    20  of the state administrative procedure act;
    21    (b) upon completion of the list required pursuant to paragraph (a)  of
    22  this  subdivision,  but no later than one hundred twenty days after such
    23  date, in consultation with the commissioner of  environmental  conserva-
    24  tion,  the commissioner of health and such representatives of the chemi-
    25  cal industry and any state, local and  municipal  officials  as  may  be
    26  appropriate,  identify facilities, including facilities regulated pursu-
    27  ant to title nine and title eleven of article twenty-seven  and  article
    28  forty  of  the  environmental conservation law, but excluding facilities
    29  that hold liquified petroleum gas for fuel at retail sale  as  described
    30  in  section  112(1)(4)(B)  of  the  Clean  Air  Act (42 U.S.C.   section
    31  7412(r)(4)(b)) and those facilities that are defined as  "water  suppli-
    32  ers"  in  subdivision  one  of section eleven hundred twenty-five of the
    33  public health law, which because of their storage of or relationship  to
    34  such substances identified pursuant to paragraph (a) of this subdivision
    35  pose  risks to the public should an unauthorized release of such hazard-
    36  ous substances occur; and
    37    (c) require such facilities identified pursuant to  paragraph  (b)  of
    38  this  subdivision,  as  the  [director]  commissioner  so determines, to
    39  prepare a vulnerability assessment of the  security  measures  taken  by
    40  such  facilities  to  prevent and respond to the unauthorized release of
    41  hazardous substances as may be stored  therein,  which  assessments  the
    42  [director  of the office of homeland security] commissioner of the divi-
    43  sion of homeland  security  and  emergency  services  shall  review  and
    44  consider in light of the seriousness of the risk posed and vulnerability
    45  of  such  facility  and,  where  appropriate,  make recommendations with
    46  respect thereto.
    47    3. (a) On or before June first, two thousand five,  the  [director  of
    48  homeland security] commissioner of the division of homeland security and
    49  emergency  services shall make a preliminary report to the governor, the
    50  temporary president of the senate, the  speaker  of  the  assembly,  the
    51  commissioner  of  environmental conservation, the commissioner of health
    52  and the chief executive officer of any such affected facility or his  or
    53  her designee, and on or before December thirty-first, two thousand five,
    54  and  not  later  than  three years after such date, and every five years
    55  thereafter, the [director of the office of  homeland  security]  commis-
    56  sioner of the division of homeland security and emergency services shall

        S. 6606--B                         82                         A. 9706--C
 
     1  report  to  the  governor,  the  temporary  president of the senate, the
     2  speaker of the assembly, the commissioner of environmental conservation,
     3  the commissioner of health and the chief executive officer of  any  such
     4  affected  facility  or his or her designee. Such report shall review the
     5  security measures being taken regarding critical infrastructure  related
     6  to such facilities, assess the effectiveness thereof, and include recom-
     7  mendations to the legislature, the department of environmental conserva-
     8  tion or the department of health if the [director of the office of home-
     9  land  security]  commissioner  of  the division of homeland security and
    10  emergency services determines that additional measures are  required  to
    11  be implemented.
    12    (b)  Before  the receipt of such report identified in paragraph (a) of
    13  this subdivision, each recipient of such report shall develop  confiden-
    14  tiality  protocols  which shall be binding upon the recipient who issues
    15  the protocols and anyone to whom the  recipient  shows  a  copy  of  the
    16  report  in  consultation  with  the  [director of the office of homeland
    17  security] commissioner of the division of homeland security and emergen-
    18  cy services, for the maintenance and use of such report so as to  ensure
    19  the confidentiality of the report and all information contained therein,
    20  provided,  however,  that  such  protocols  shall  not be binding upon a
    21  person who  is  provided  access  to  such  report  or  any  information
    22  contained therein pursuant to section eighty-nine of the public officers
    23  law after a final determination that access to such report or any infor-
    24  mation contained therein could not be denied pursuant to subdivision two
    25  of section eighty-seven of the public officers law. The [director of the
    26  office  of  homeland  security] commissioner of the division of homeland
    27  security and emergency services shall also develop  protocols  for  such
    28  [office]  division  related to the maintenance and use of such report so
    29  as to ensure the confidentiality of all sensitive information  contained
    30  in  such report. On each report, the [director of the office of homeland
    31  security] commissioner of the division of homeland security and emergen-
    32  cy services shall prominently display  the  following  statement:  "This
    33  report may contain information that if disclosed could endanger the life
    34  or  safety  of  the  public,  and  therefore,  pursuant to section seven
    35  hundred eleven of the executive law[, as added by a chapter of the  laws
    36  of  two  thousand  four],  this report is to be maintained and used in a
    37  manner consistent with protocols established to preserve  the  confiden-
    38  tiality  of the information contained herein in a manner consistent with
    39  law."
    40    (c) The  department  of  environmental  conservation  shall  have  the
    41  discretion  to  require  that  recommendations  of  the [director of the
    42  office of homeland security] commissioner of the  division  of  homeland
    43  security  and emergency services be implemented by any owner or operator
    44  of a hazardous substances storage facility as defined in this section.
    45    § 18. Section 715 of the executive law, as added by chapter 604 of the
    46  laws of 2007, is amended to read as follows:
    47    § 715. [Records and data] Office of cyber security. 1.  The office  of
    48  cyber security shall be dedicated to the protection of the state's cyber
    49  security  infrastructure, including, but not limited to, the identifica-
    50  tion and mitigation of  vulnerabilities,  deterring  and  responding  to
    51  cyber  events,  and promoting cyber security awareness within the state.
    52  The office shall also be responsible for statewide policies,  standards,
    53  programs,  and services relating to cyber security and geographic infor-
    54  mation systems, including the statewide coordination  of  geographically
    55  referenced  critical  infrastructure  information.  The  director of the
    56  office shall be the chief cyber security officer of New York state.

        S. 6606--B                         83                         A. 9706--C
 
     1    2. The director may request and receive from any department, division,
     2  board, bureau, commission or other agency of the state or any  political
     3  subdivision thereof or any public authority such assistance, information
     4  and  data as will enable the office properly to carry out its functions,
     5  powers and duties.
     6    3.  The director of the office [of cyber security and critical infras-
     7  tructure coordination] is authorized to maintain, in electronic or paper
     8  formats, maps, geographic images, geographic data and metadata.
     9    [2.] 4. The director of the office [of  cyber  security  and  critical
    10  infrastructure  coordination]  is authorized to promulgate any rules and
    11  regulations necessary to implement the provisions of this section.
    12    5. Notwithstanding the provisions of subparagraphs  (i)  and  (ii)  of
    13  paragraph  (a)  of  subdivision  eight  of  section seventy-three of the
    14  public officers law, former officers or employees of the office of cyber
    15  security employed by the not-for-profit corporation  that  operates  the
    16  multi-state  information  sharing  and analysis center may appear before
    17  and render services to any federal, state, local, territorial or  tribal
    18  government relating to cyber security.
    19    6.  Notwithstanding  the provisions of section one hundred sixty-three
    20  of the state finance law, section  one  hundred  three  of  the  general
    21  municipal  law,  article  four-C of the economic development law, or any
    22  other provision of law relating to the award of  public  contracts,  any
    23  officer, body, or agency of New York state, public corporation, or other
    24  public  entity  subject to such provisions of law shall be authorized to
    25  enter individually or collectively into contracts with the  not-for-pro-
    26  fit  corporation  that  operates the multi-state information sharing and
    27  analysis center for the provision of services through September  thirti-
    28  eth,  two thousand thirteen related to cyber security including, but not
    29  limited to, monitoring, detecting, and responding  to  cyber  incidents,
    30  and such contracts may be awarded without compliance with the procedures
    31  relating  to the procurement of services set forth in such provisions of
    32  law. Such contracts shall, however,  be  subject  to  the  comptroller's
    33  existing  authority to approve contracts where such approval is required
    34  by section one hundred twelve of the state  finance  law  or  otherwise.
    35  Such  officers,  bodies,  or  agencies may pay the fees or other amounts
    36  specified in such contracts  in  consideration  of  the  cyber  security
    37  services to be rendered pursuant to such contracts.
    38    § 19. Section 715 of the executive law, as added by chapter 630 of the
    39  laws of 2007, is amended to read as follows:
    40    §  [715.]  716.  Protection  of  critical  infrastructure;  commercial
    41  aviation, petroleum and natural gas  fuel  transmission  facilities  and
    42  pipelines. 1.  Notwithstanding any other provision of law, the [director
    43  of  the  office  of  homeland  security] commissioner of the division of
    44  homeland security and emergency services  shall  conduct  a  review  and
    45  analysis of measures being taken by any other agency or authority of the
    46  state  or any political subdivision thereof and, to the extent practica-
    47  ble, of any federal entity, to protect the security of critical  infras-
    48  tructure  related to commercial aviation fuel, petroleum and natural gas
    49  transmission facilities and  pipelines  in  this  state  which  are  not
    50  located upon the premises of a commercial airport. As deemed appropriate
    51  by such [director] commissioner, the [office of homeland security] divi-
    52  sion of homeland security and emergency services shall have the authori-
    53  ty  to  physically inspect the premises and review any audits or reports
    54  related to the  security  of  such  critical  infrastructure,  including
    55  audits  or  reports  conducted  at  the  request  of any other agency or
    56  authority of the state or any political subdivision thereof or,  to  the

        S. 6606--B                         84                         A. 9706--C
 
     1  extent practicable, of any federal entity. The operators of such commer-
     2  cial aviation fuel, petroleum or natural gas transmission facilities and
     3  pipelines  shall,  in compliance with any federal and state requirements
     4  regarding  the  dissemination of such information, provide access to the
     5  [director of the office of homeland security] commissioner of the  divi-
     6  sion  of  homeland  security  and  emergency  services to such audits or
     7  reports regarding such critical infrastructure provided,  however,  that
     8  exclusive  custody  and  control of such audits and reports shall remain
     9  solely with the operators of such commercial aviation fuel, petroleum or
    10  natural gas transmission facilities and pipelines. For the  purposes  of
    11  this  article,  the  term  "critical  infrastructure"  has  the  meaning
    12  ascribed to that term in subdivision five of section eighty-six  of  the
    13  public officers law.
    14    2.  (a)  On  or before December thirty-first, two thousand [eight, and
    15  not later than three years after such date] eleven, and every five years
    16  thereafter, the [director of the office of  homeland  security]  commis-
    17  sioner of the division of homeland security and emergency services shall
    18  report  to  the  governor,  the  temporary  president of the senate, the
    19  speaker of the assembly, the public service commission, and the operator
    20  of any such affected commercial aviation fuel, petroleum or natural  gas
    21  transmission facility or pipeline. Such report shall review the security
    22  measures  being  taken  regarding  critical  infrastructure  related  to
    23  commercial aviation fuel, petroleum or natural gas transmission  facili-
    24  ties and pipelines, assess the effectiveness thereof, and include recom-
    25  mendations  to  the  legislature,  the public service commission, or the
    26  operator of a commercial aviation fuel, petroleum or natural gas  trans-
    27  mission  facility or pipeline, or any appropriate state or federal regu-
    28  lating entity or agency if the [director of the office of homeland secu-
    29  rity] commissioner of the division of homeland  security  and  emergency
    30  services  determines  that additional measures are required to be imple-
    31  mented, considering among other factors, the unique  characteristics  of
    32  each  commercial  aviation  fuel,  petroleum or natural gas transmission
    33  facility or pipeline. [On or before April thirtieth, two thousand eight,
    34  the director of the office of homeland security shall make a preliminary
    35  report to the governor, the  temporary  president  of  the  senate,  the
    36  speaker of the assembly, the public service commission, and the operator
    37  of  any such affected commercial aviation fuel, petroleum or natural gas
    38  transmission facility or pipeline.]
    39    (b) Before the receipt of such report identified in paragraph  (a)  of
    40  this  subdivision, each recipient of such report shall develop confiden-
    41  tiality protocols, which shall be binding upon the recipient who  issues
    42  the  protocols  and  anyone  to  whom  the recipient shows a copy of the
    43  report, in consultation with the [director of  the  office  of  homeland
    44  security] commissioner of the division of homeland security and emergen-
    45  cy  services  for the maintenance and use of such report so as to ensure
    46  the confidentiality of the report and all information contained therein,
    47  provided, however, that such report and  any  information  contained  or
    48  used  in its preparation shall be exempt and not made available pursuant
    49  to article six of the public officers law. The [director of  the  office
    50  of  homeland security] commissioner of the division of homeland security
    51  and emergency services shall also  develop  protocols  for  his  or  her
    52  office related to the maintenance and use of such report so as to ensure
    53  the confidentiality of the report and all information contained therein.
    54  On  each  report,  the  [director  of  the  office of homeland security]
    55  commissioner of the division of homeland security and emergency services
    56  shall prominently display the  following  statement:  "this  report  may

        S. 6606--B                         85                         A. 9706--C
 
     1  contain  information that if disclosed could endanger the life or safety
     2  of the public, and therefore, pursuant to section  seven  hundred  [ten]
     3  eleven of the executive law, this report is to be maintained and used in
     4  a manner consistent with protocols established to preserve the confiden-
     5  tiality  of the information contained herein in a manner consistent with
     6  law".
     7    (c) The  public  service  commission  shall  have  the  discretion  to
     8  require,  through  regulation  or otherwise, that the recommendations of
     9  the [director of the office of homeland security]  commissioner  of  the
    10  division  of  homeland security and emergency services be implemented at
    11  an affected commercial aviation fuel, petroleum or  natural  gas  trans-
    12  mission facility or pipeline.
    13    (d)  The  [office  of homeland security] division of homeland security
    14  and emergency services shall receive necessary  appropriations  for  the
    15  performance of its duties pursuant to this section.
    16    §  20.  Paragraph (a) of subdivision 1 of section 169 of the executive
    17  law, as amended by section 1 of part F of chapter  56  of  the  laws  of
    18  2005, is amended to read as follows:
    19    (a)  commissioner of correctional services, commissioner of education,
    20  commissioner of health, commissioner of mental health,  commissioner  of
    21  mental retardation and developmental disabilities, commissioner of chil-
    22  dren  and  family  services,  commissioner  of  temporary and disability
    23  assistance, chancellor of the state university of New York, commissioner
    24  of transportation, commissioner of  environmental  conservation,  super-
    25  intendent  of  state  police, [and] commissioner of general services and
    26  commissioner  of  the  division  of  homeland  security  and   emergency
    27  services;
    28    § 21. The executive law is amended by adding a new section 717 to read
    29  as follows:
    30    §  717.   Office of interoperable and emergency communications. 1. The
    31  office of interoperable and emergency communications shall be the  prin-
    32  cipal  state  agency  for all interoperable and emergency communications
    33  issues and oversee and direct the development, coordination  and  imple-
    34  mentation  of  policies, plans, standards, programs and services related
    35  to interoperable and emergency communications, including  those  related
    36  to  public  safety  land mobile radio communications.   The office shall
    37  coordinate with federal,  state,  local,  tribal,  non-governmental  and
    38  other appropriate entities.
    39    2.  The  office  shall  be responsible for coordinating relevant grant
    40  programs and other funding sources to enhance interoperable and emergen-
    41  cy communications, as consistent with the mission of the  division.  The
    42  director  shall  make final determinations regarding the distribution of
    43  grants, in consultation with the board.
    44    3. The director of this office shall serve as the statewide interoper-
    45  able and emergency communications coordinator.
    46    4. To ensure appropriate coordination and consultation  with  relevant
    47  entities,  the director shall be the chairperson of the statewide inter-
    48  operable and emergency communication board as defined in  section  three
    49  hundred  twenty-seven of the county law, and whose duties shall include,
    50  but not be limited to all the duties regularly assigned to the board  as
    51  defined by section three hundred twenty-eight of the county law.
    52    5.  The commissioner, in consultation with the director of the office,
    53  shall promulgate rules and regulations which require  municipalities  to
    54  report,  no  less  than  annually,  on prior and planned expenditures to
    55  develop and operate  interoperable  and  emergency  communications.  The
    56  regulations  shall  permit municipalities which participate in county or

        S. 6606--B                         86                         A. 9706--C
 
     1  multi-county regional coordinated interoperability efforts to  submit  a
     2  single  report  to the division for all participating municipalities, so
     3  long as all expenses which would have been reported if the participating
     4  municipalities  had  submitted  individual  reports are contained in the
     5  combined report. The regulations shall not require a  municipality  that
     6  incurred  no  relevant  expenses and anticipates no relevant expenses to
     7  submit such a report. The division  shall  include  a  summary  of  such
     8  information in its annual report to the governor, temporary president of
     9  the  senate,  and  speaker  of  the assembly provided for in subdivision
    10  seven of section seven hundred nine of this article, as well as  submit-
    11  ting such information at the same time to the state comptroller.
    12    §  22. Subdivision 2 of section 709 of the executive law is amended by
    13  adding a new paragraph (u) to read as follows:
    14    (u) Notwithstanding article  six-C  of  this  chapter,  or  any  other
    15  provision  of law to the contrary, the division of homeland security and
    16  emergency services shall establish best practices regarding training and
    17  education for firefighters and first responders which shall include  but
    18  not  be  limited  to:  minimum basic training for firefighters and first
    19  responders; in-service training and continuing education;  and  special-
    20  ized  training  as  it may apply to the specific duties of a category of
    21  emergency personnel.
    22    § 23. Section 155 of the executive law, as added by chapter 225 of the
    23  laws of 1979, is amended to read as follows:
    24    § 155. Office of fire prevention and  control;  creation;  state  fire
    25  administrator;  employees. There is hereby created in the [department of
    26  state] division of homeland security and emergency services an office of
    27  fire prevention and control. The head of such office shall be the  state
    28  fire  administrator,  who shall be appointed by the [secretary of state]
    29  governor and shall hold office during the pleasure of the [secretary  of
    30  state]  governor.   He shall receive an annual salary to be fixed by the
    31  [secretary of state] commissioner of the division of  homeland  security
    32  and  emergency services within the amount available by appropriation. He
    33  shall also be entitled to receive reimbursement  for  expenses  actually
    34  and  necessarily incurred by him in the performance of his duties within
    35  the amount available by appropriation.  [The  state  fire  administrator
    36  may,  from  time  to  time, with the approval of the secretary of state,
    37  create, abolish, transfer and consolidate divisions, bureaus, and  other
    38  units  within the office of fire prevention and control as he may deter-
    39  mine necessary for the efficient operation of  such  office.  The  state
    40  fire  administrator  may,  with  the approval of the secretary of state,
    41  appoint such deputies, directors and others within the office as he  may
    42  deem  necessary  to the proper implementation of this article, prescribe
    43  their duties, fix their compensation and provide  for  reimbursement  of
    44  their  actual  and  necessary  expenses  within the amounts available by
    45  appropriation.]
    46    § 24. Intentionally omitted.
    47    § 25. Intentionally omitted.
    48    § 26. Section 156-g of the executive law, as added by chapter  303  of
    49  the laws of 2007, is amended to read as follows:
    50    § 156-g. Establishment of teams for urban search and rescue, specialty
    51  rescue  and incident support. 1. Authorization to establish urban search
    52  and rescue task  force  teams,  specialty  rescue  teams,  and  incident
    53  support  teams. The [state fire administrator] commissioner of the divi-
    54  sion of homeland security and emergency services after consultation with
    55  the state fire administrator shall  have  the  authority  to  establish,
    56  organize,  administer,  support, train, and fund urban search and rescue

        S. 6606--B                         87                         A. 9706--C
 
     1  task force teams, specialty rescue teams,  and  incident  support  teams
     2  created pursuant to this section.
     3    2.  Definitions. For the purposes of this section, the following terms
     4  shall have the following meanings:
     5    (a) "urban search and rescue task force team" shall mean a specialized
     6  team or group of teams, formed pursuant to this section, organized  with
     7  capabilities  equivalent  to  urban  search  and rescue task force teams
     8  established under the federal emergency management agency  in  order  to
     9  assist in the removal of trapped victims in emergency situations includ-
    10  ing,  but  not  limited  to,  collapsed  structures, trench excavations,
    11  elevated locations, and other technical rescue situations.
    12    (b) "specialty rescue team" shall  mean  a  specialized  team,  formed
    13  pursuant  to this section, organized to provide technical rescue assist-
    14  ance to first responders including, but not limited  to,  canine  search
    15  and  rescue/disaster  response,  cave search and rescue, collapse search
    16  and rescue, mine and tunnel search and  rescue,  and  swift  water/flood
    17  search and rescue teams. Such teams shall be aligned with one or more of
    18  the search and rescue categories within the federal emergency management
    19  agency's national resource typing system.
    20    (c)  "incident  support  team"  shall  mean a team of trained response
    21  personnel, formed pursuant to this section, organized to provide coordi-
    22  nation with governmental agencies and non-governmental organizations  as
    23  well  as  technical,  and  logistical support to urban search and rescue
    24  task force teams and specialty rescue teams.
    25    3. Appointment and training of team members; equipment. (a) The [state
    26  fire administrator] commissioner of the division  of  homeland  security
    27  and  emergency  services  is hereby authorized to appoint members to any
    28  team created pursuant to this section. Team membership shall consist  of
    29  local emergency response personnel, state agency personnel and specialty
    30  personnel as required.
    31    (b)  The  [state  fire  administrator] commissioner of the division of
    32  homeland security and emergency services shall be responsible for train-
    33  ing and equipping the teams established pursuant to this section and for
    34  training such other teams located within the state for response to  man-
    35  made  or  natural  disasters  to the extent appropriations are provided.
    36  The [state fire administrator] commissioner of the division of  homeland
    37  security  and  emergency services shall support the capabilities of each
    38  team established pursuant to this section with  the  necessary  training
    39  and  equipment  to ensure mobilization and deployment for rapid response
    40  to emergencies and disasters to the extent appropriations are provided.
    41    4. Accreditation of teams. The [state fire administrator] commissioner
    42  of the division of homeland security and emergency services  shall  have
    43  the authority to establish an accreditation program to review and evalu-
    44  ate  new  and existing local and regional technical rescue capabilities,
    45  and provide recommendations for  capability  enhancement  in  accordance
    46  with  the  national  incident  management  system, the national response
    47  plan, and nationally recognized standards.
    48    5. Defense, indemnification and insurance coverage  of  team  members.
    49  Members  of  the teams formed pursuant to this section who are volunteer
    50  firefighters, volunteer ambulance workers, municipal or state employees,
    51  or employees of a non-governmental entity shall be provided coverage  by
    52  their   respective   municipalities,  organizations,  and  entities  for
    53  purposes of sections seventeen and eighteen of the public  officers  law
    54  and/or  other  defense and indemnification coverage and workers' compen-
    55  sation coverage  pursuant  to  applicable  provisions  of  the  workers'
    56  compensation  law  or  benefits pursuant to applicable provisions of the

        S. 6606--B                         88                         A. 9706--C
 
     1  volunteer firefighters' [benefits] benefit law or  the  volunteer  ambu-
     2  lance workers' benefit law. Individuals appointed to an urban search and
     3  rescue  task  force team, a specialty rescue team or an incident support
     4  team,  for  which such coverage is not available, shall be deemed volun-
     5  teer state employees for purposes of section  seventeen  of  the  public
     6  officers law and section three of the workers' compensation law.
     7    6.  Rules and regulations. The [state fire administrator] commissioner
     8  of the division  of  homeland  security  and  emergency  services  after
     9  consultation  with the state fire administrator shall have the authority
    10  to promulgate rules and regulations as deemed necessary relating to  the
    11  accreditation  of  urban  search  and rescue task force teams, specialty
    12  rescue teams, and incident support teams and to the formation and opera-
    13  tion of all teams established pursuant to this section.
    14    7. Funding. The [secretary of state and the state fire  administrator]
    15  division  of  homeland  security and emergency services shall expend the
    16  necessary monies for training, equipment, and other items  necessary  to
    17  support  the  operations  of  urban  search and rescue task force teams,
    18  specialty rescue teams and incident support teams within  appropriations
    19  provided.  The  [secretary  of  state  and the state fire administrator]
    20  division of homeland security and emergency services also may,  pursuant
    21  to  applicable  rules  and  regulations  approved by the director of the
    22  division of the budget, approve grants of funds  from  monies  allocated
    23  and appropriated for any or all such teams.
    24    § 27. Section 157 of the executive law, as added by chapter 225 of the
    25  laws of 1979, is amended to read as follows:
    26    § 157. Granting authority. The [office of fire prevention and control,
    27  by  and through the state fire administrator] division of homeland secu-
    28  rity and emergency services by and through the commissioner of the divi-
    29  sion of homeland security and emergency services or his duly  authorized
    30  officers  and  employees, shall administer, carry out and approve grants
    31  of funds from moneys allocated and appropriated therefor, for authorized
    32  arson, fire prevention and control expenditures as defined herein,  that
    33  are  conducted  by  municipal  corporations.    "Authorized  arson, fire
    34  prevention and  control  expenditures"  shall  mean  those  expenditures
    35  utilized  by  a municipal corporation for fire or arson prevention, fire
    36  or arson investigation and arson prosecution. No expenditure  which  has
    37  not  been  specifically  designated  by  the  local legislative body for
    38  arson, fire prevention and control and approved by the  office  of  fire
    39  prevention  and  control  pursuant  to rules and regulations promulgated
    40  thereby shall be considered an "authorized arson,  fire  prevention  and
    41  control  expenditure." The [office of fire prevention and control] divi-
    42  sion of homeland security and emergency services shall adopt, amend  and
    43  rescind  such  rules, regulations and guidelines as may be necessary for
    44  the performance of its functions, powers and duties under this  section.
    45  The [office of fire prevention and control] division of homeland securi-
    46  ty and emergency services shall allocate grants under this article among
    47  the  municipalities  whose  applications  have  been  approved in such a
    48  manner as will most nearly provide  an  equitable  distribution  of  the
    49  grants  among  municipalities, taking into consideration such factors as
    50  the level of suspected arson activity, population and population  densi-
    51  ty,  the  need  for  state  funding to carry out local programs, and the
    52  potential of the municipalities to effectively employ such grants.
    53    § 28. Section 158 of the executive law is REPEALED and a  new  section
    54  158 is added to read as follows:
    55    § 158. Firefighting training.  1. For the purpose of this section, the
    56  term  fire fighter shall mean a member of a fire department whose duties

        S. 6606--B                         89                         A. 9706--C
 
     1  include fire service as defined in paragraph d of subdivision eleven  of
     2  section three hundred two of the retirement and social security law.
     3    2.  In addition to the functions, powers and duties otherwise provided
     4  by this article, the state fire administrator may promulgate  rules  and
     5  regulations with respect to:
     6    (a) The approval, or revocation thereof, of fire training programs for
     7  fire fighters;
     8    (b)  Minimum  courses of study, attendance requirements, and equipment
     9  and facilities to be required for approved fire  training  programs  for
    10  fire fighters;
    11    (c)  Minimum qualifications for instructors for approved fire training
    12  programs for fire fighters;
    13    (d) The requirements of minimum basic  training  which  fire  fighters
    14  appointed to probationary terms shall complete before being eligible for
    15  permanent  appointment,  and  the  time within which such basic training
    16  must be completed following such appointment to a probationary term;
    17    (e) The requirements of minimum basic training which fire fighters not
    18  appointed for probationary terms but appointed on other than a permanent
    19  basis shall complete in order to be eligible for continued employment or
    20  permanent appointment, and the time within  which  such  basic  training
    21  must be completed following such appointment on a non-permanent basis;
    22    (f)  The  requirements  for  in-service  training programs designed to
    23  assist fire fighters in maintaining skills and being informed of techno-
    24  logical advances;
    25    (g) Categories or  classifications  of  advanced  in-service  training
    26  programs  and  minimum courses of study and attendance requirements with
    27  respect to such categories or classifications;
    28    (h) Exemptions from particular provisions of this article in the  case
    29  of  any  county, city, town, village or fire district, if in the opinion
    30  of the state fire administrator the standards of  fire  training  estab-
    31  lished  and  maintained  by  such  county,  city,  town, village or fire
    32  district are equal to or higher than those established pursuant to  this
    33  article;  or revocation in whole or in part of such exemption, if in his
    34  or her opinion the standards of fire training established and maintained
    35  by such county, city, town, village or  fire  district  are  lower  than
    36  those established pursuant to this article; and
    37    (i)  Education, health and physical fitness requirements for eligibil-
    38  ity of persons for provisional or permanent appointment in  the  compet-
    39  itive  class of the civil service as fire fighters as it deems necessary
    40  and proper for the efficient performance of such duties;
    41    3. In furtherance of his or her functions, powers and  duties  as  set
    42  forth in this section, the state fire administrator may:
    43    (a)  Recommend  studies,  surveys  and reports to be made by the state
    44  fire administrator regarding the carrying  out  of  the  objectives  and
    45  purposes of this section;
    46    (b) Visit and inspect any fire training programs approved by the state
    47  fire  administrator  or for which application for such approval has been
    48  made; and
    49    (c) Recommend standards for promotion to supervisory positions.
    50    4. In addition to the functions, powers and duties otherwise  provided
    51  by this section, the state fire administrator shall:
    52    (a) Approve fire training programs for fire fighters and issue certif-
    53  icates of approval to such programs, and revoke such approval or certif-
    54  icate;

        S. 6606--B                         90                         A. 9706--C
 
     1    (b)  Certify,  as  qualified,  instructors  for approved fire training
     2  programs for fire fighters and issue appropriate  certificates  to  such
     3  instructors;
     4    (c)  Certify  fire  fighters  who  have satisfactorily completed basic
     5  training programs and in-service training programs, and issue  appropri-
     6  ate certificates to such fire fighters and revoke such certificates;
     7    (d)  Cause  studies  and surveys to be made relating to the establish-
     8  ment, operation, effectiveness and approval of fire training programs;
     9    (e) Cause studies and surveys to be made relating to the completion or
    10  partial completion of training programs by  video  or  computer  to  the
    11  maximum extent practicable; and
    12    (f)  Consult  with and cooperate with the state university of New York
    13  and private universities, colleges and institutes in the state  for  the
    14  development  of  specialized  courses of study for fire fighters in fire
    15  science and fire administration.
    16    § 29. The executive law is amended by adding a new  section  376-a  to
    17  read as follows:
    18    §  376-a.  Code  enforcement  training.    1.  For the purpose of this
    19  section, the term code enforcement personnel shall mean a code  enforce-
    20  ment  official  charged  with enforcement of the uniform fire prevention
    21  and building code or the state energy conservation construction code.
    22    2. In addition to the functions, powers and duties otherwise  provided
    23  by  this  article, the secretary of state may promulgate rules and regu-
    24  lations with respect to:
    25    (a) The approval, or revocation thereof, of code enforcement  training
    26  programs for code enforcement personnel;
    27    (b)  Minimum  courses of study, attendance requirements, and equipment
    28  and facilities to be required for  approved  code  enforcement  training
    29  programs for code enforcement personnel;
    30    (c)  Minimum qualifications for instructors for approved code enforce-
    31  ment training programs for code enforcement personnel;
    32    (d) The requirements of minimum basic training which code  enforcement
    33  personnel  shall  complete in order to be eligible for continued employ-
    34  ment or permanent appointment, and the  time  within  which  such  basic
    35  training must be completed following such appointment;
    36    (e)  The  requirements  for  in-service  training programs designed to
    37  assist code  enforcement  personnel  in  maintaining  skills  and  being
    38  informed of technological advances;
    39    (f)  Categories  or  classifications  of  advanced in-service training
    40  programs and minimum courses of study and attendance  requirements  with
    41  respect to such categories or classifications;
    42    (g)  Exemptions from particular provisions of this article in the case
    43  of any county, city, town, or village if in the opinion of the secretary
    44  of state the standards of  code  enforcement  training  established  and
    45  maintained by such county, city, town, or village are equal to or higher
    46  than  those established pursuant to this article; or revocation in whole
    47  or in part of such exemption, if in his or her opinion the standards  of
    48  code  enforcement  training  established  and maintained by such county,
    49  city, town, or village are lower than those established pursuant to this
    50  article;
    51    3. In furtherance of his or her functions, powers and  duties  as  set
    52  forth in this section, the secretary of state may:
    53    (a)  Recommend  studies, surveys and reports to be made by the depart-
    54  ment of state regarding the carrying out of the objectives and  purposes
    55  of this section;

        S. 6606--B                         91                         A. 9706--C
 
     1    (b)  Visit and inspect any code enforcement training programs approved
     2  by the secretary of state or for which application for such approval has
     3  been made; and
     4    (c) Recommend standards for promotion to supervisory positions.
     5    4.  In addition to the functions, powers and duties otherwise provided
     6  by this section, the secretary of state shall:
     7    (a) Approve code enforcement training programs  for  code  enforcement
     8  personnel  and  issue  certificates  of  approval  to such programs, and
     9  revoke such approval or certificate;
    10    (b) Certify, as qualified, instructors for approved  code  enforcement
    11  training  programs  for code enforcement personnel and issue appropriate
    12  certificates to such instructors;
    13    (c)  Certify  code  enforcement  personnel  who  have   satisfactorily
    14  completed  basic training programs and in-service training programs, and
    15  issue appropriate certificates to such code enforcement  personnel,  and
    16  revoke such certificate;
    17    (d)  Cause  studies  and surveys to be made relating to the establish-
    18  ment, operation, effectiveness and approval of code enforcement training
    19  programs;
    20    (e) Cause studies and surveys to be made relating to the completion or
    21  partial completion of training programs by  video  or  computer  to  the
    22  maximum extent practicable;
    23    (f)  Consult  with and cooperate with the state university of New York
    24  and private universities, colleges and institutes in the state  for  the
    25  development of specialized courses of study for code enforcement person-
    26  nel.
    27    §  29-a. Sections 159, 159-a, 159-b, 159-c, and 159-d of the executive
    28  law are REPEALED.
    29    § 29-b. The executive law is amended by adding a new  section  159  to
    30  read as follows:
    31    §  159. Advisory council for fire prevention and control. 1.  There is
    32  hereby created within the division of homeland  security  and  emergency
    33  services  an  advisory  council  for fire prevention and control for the
    34  purpose of advising the commissioner and the  state  fire  administrator
    35  with regard to: (a) execution of the functions, powers and duties of the
    36  office  with  respect to fire and arson prevention and control services,
    37  policies and programs; (b) recommendations on courses of instruction and
    38  standards for training of firefighters of fire departments, fire  compa-
    39  nies,  municipal  corporations,  districts,  and private industry of the
    40  state; (c) recommendations on federal and state legislation and programs
    41  relating to fire and arson prevention services, policies  and  programs;
    42  and  (d) recommendations upon such other matters as the commissioner and
    43  the state fire administrator may request.
    44    2. The council shall be composed of the state fire  administrator,  as
    45  chair,  or  his  or  her designee, and twelve other members appointed as
    46  follows: six members appointed by the governor; two members appointed by
    47  the temporary president of the  senate;  one  member  appointed  by  the
    48  minority  leader  of the senate; two members appointed by the speaker of
    49  the assembly; one member appointed by the minority leader of the  assem-
    50  bly.  Members of the fire safety advisory board, the arson board and the
    51  firefighting and  code  enforcement  personnel  standard  and  education
    52  commission may be appointed to this advisory council.
    53    3.  Membership  of  such council shall consist of representatives from
    54  the volunteer and career fire service, at  least  half  of  which  shall
    55  serve at the municipal level.

        S. 6606--B                         92                         A. 9706--C
 
     1    4.  Members  of  the council, other than the state fire administrator,
     2  shall serve for terms of three years, with such  terms  to  commence  on
     3  April first and expire on March thirty-first.
     4    5.  No  member  of  the council shall be disqualified from holding any
     5  other public office or employment, nor shall he or she forfeit any  such
     6  office  or  employment  by reason of the appointment hereunder, notwith-
     7  standing the provisions of any general, special or local law,  ordinance
     8  or city charter.
     9    6.  The council shall meet at least twice a year. Special meetings may
    10  be called by the chairperson. The agenda and meeting place of all  regu-
    11  lar or special meetings shall be made available to the public in advance
    12  of such meeting.
    13    7.  Members  of  the  council  shall  serve without salary or per diem
    14  allowance, but shall be entitled to reimbursement for actual and  neces-
    15  sary  expenses incurred in the performance of official duties under this
    16  section, provided, however, that such members are not, at the time  such
    17  expenses  are  incurred,  public  employees  otherwise  entitled to such
    18  reimbursement.
    19    8. The chairperson may create subcommittees as he or she may from time
    20  to time deem appropriate to provide the council with advice  and  recom-
    21  mendations.   Members   of  such  subcommittees  shall  be  entitled  to
    22  reimbursement for actual and necessary expenses incurred in the perform-
    23  ance of official duties under this section, provided, however, that such
    24  members are not, at the time such expenses are incurred, public  employ-
    25  ees otherwise entitled to such reimbursement.
    26    §  30.  Section  97-pp of the state finance law, as amended by chapter
    27  631 of the laws of 1994, subdivisions 4, 5 and 6 as amended  by  chapter
    28  72 of the laws of 2006, is amended to read as follows:
    29    §  97-pp. New York state emergency services revolving loan account. 1.
    30  There  is  hereby  established  within  the  combined  expendable  trust
    31  fund-020  in  the  custody  of the state comptroller a new account to be
    32  known as the "New York state emergency services revolving loan account".
    33    2. The account shall  consist  of  all  moneys  appropriated  for  its
    34  purpose, all moneys transferred to such account pursuant to law, and all
    35  moneys  required  by  this  section  or any other law to be paid into or
    36  credited to this account, including all moneys received by  the  account
    37  or  donated to it, payments of principal and interest on loans made from
    38  the account, and any interest earnings which may accrue from the invest-
    39  ment or reinvestment of moneys from the account.
    40    3. Moneys of the account, when allocated, shall be  available  to  the
    41  [secretary  of  state] commissioner of the division of homeland security
    42  and emergency services to make loans as provided in this section. Up  to
    43  five  percent of the moneys of the account or two hundred fifty thousand
    44  dollars, whichever is less, may be used to pay the  expenses,  including
    45  personal  service  and maintenance and operation, in connection with the
    46  administration of such loans.
    47    4. (a) The [secretary of state] commissioner of the division of  home-
    48  land security and emergency services, on recommendation of the [emergen-
    49  cy  services loan board] state fire administrator, may make, upon appli-
    50  cation duly made, up to the amounts available  by  appropriation,  loans
    51  for:
    52    (i)  Purchasing  fire  fighting  apparatus. A loan for purchasing fire
    53  fighting apparatus shall not exceed the lesser of  two  hundred  twenty-
    54  five  thousand  dollars  or seventy-five percent of the cost of the fire
    55  fighting apparatus; provided, however, that loans issued in response  to
    56  a joint application shall not exceed the lesser of four hundred thousand

        S. 6606--B                         93                         A. 9706--C
 
     1  dollars or seventy-five percent of the cost of the fire fighting appara-
     2  tus.
     3    (ii)  Purchasing  ambulances or rescue vehicles. A loan for purchasing
     4  an ambulance or a rescue vehicle shall not  exceed  the  lesser  of  one
     5  hundred  fifty  thousand  dollars or seventy-five percent of the cost of
     6  the ambulance or rescue vehicle; provided, however, that loans issued in
     7  response to a joint application shall  not  exceed  the  lesser  of  two
     8  hundred  sixty-five thousand dollars or seventy-five percent of the cost
     9  of the ambulance or rescue vehicle.
    10    (iii) Purchasing protective equipment or  communication  equipment.  A
    11  loan  for  purchasing protective equipment or communication equipment or
    12  both shall not exceed one hundred thousand dollars. Communication equip-
    13  ment purchased with such loan shall, to the maximum extent  practicable,
    14  be  compatible with the communication equipment of adjacent services and
    15  jurisdictions; provided, however, that loans issued  in  response  to  a
    16  joint  application  shall  not  exceed  one  hundred sixty-five thousand
    17  dollars.
    18    (iv) Repairing or rehabilitating fire fighting apparatus,  ambulances,
    19  or rescue vehicles. A loan for repairing or rehabilitating fire fighting
    20  apparatus, ambulances, or rescue vehicles shall not exceed the lesser of
    21  seventy-five  thousand dollars or one hundred percent of the cost of the
    22  repair or  rehabilitation;  provided,  however,  that  loans  issued  in
    23  response  to  a  joint  application  shall  not exceed the lesser of one
    24  hundred thirty-five thousand dollars or one hundred percent of the  cost
    25  of the repair or rehabilitation.
    26    (v)  Purchasing  accessory  equipment. A loan for purchasing accessory
    27  equipment shall not  exceed  seventy-five  thousand  dollars;  provided,
    28  however,  that loans issued in response to a joint application shall not
    29  exceed one hundred thirty-five thousand dollars.
    30    (vi) Renovating, rehabilitating or  repairing  facilities  that  house
    31  firefighting  equipment,  ambulances, rescue vehicles and related equip-
    32  ment. A loan for this purpose shall not exceed the lesser of one hundred
    33  fifty thousand dollars or  seventy-five  percent  of  the  cost  of  the
    34  project;  provided,  however,  that  loans issued in response to a joint
    35  application shall not exceed the lesser of two hundred sixty-five  thou-
    36  sand dollars or seventy-five percent of the cost of the project.
    37    (vii)  Construction costs associated with the establishment of facili-
    38  ties that house firefighting equipment, ambulances, rescue vehicles  and
    39  related  equipment.  A loan for this purpose shall not exceed the lesser
    40  of three hundred thousand dollars or seventy-five percent of the cost of
    41  the construction, or be used for the payment of fees for  design,  plan-
    42  ning,  preparation of applications or other costs not directly attribut-
    43  able to land acquisitions or construction; provided, however, that loans
    44  issued in response to a joint application shall not exceed the lesser of
    45  five hundred twenty-five thousand dollars or seventy-five percent of the
    46  cost of the construction, or be used for the payment of fees for design,
    47  planning, preparation  of  applications  or  other  costs  not  directly
    48  attributable to land acquisitions or construction.
    49    (viii) Construction costs associated with the establishment of facili-
    50  ties  for  the  purpose  of  live fire training. A loan for this purpose
    51  shall not be granted if another live fire training facility  is  located
    52  within the boundaries of the county or within twenty-five miles.  A loan
    53  for  this purpose shall not exceed the lesser of one hundred fifty thou-
    54  sand dollars or  seventy-five  percent  of  the  cost  of  construction,
    55  provided, however, joint applications shall not exceed the lesser of two
    56  hundred  sixty-five thousand dollars or seventy-five percent of the cost

        S. 6606--B                         94                         A. 9706--C
 
     1  of construction or be used for the payment of fees for design, planning,
     2  preparation of applications or other costs not directly attributable  to
     3  land acquisitions or construction.
     4    (b)  No  loan  authorized  by this section shall have an interest rate
     5  exceeding two and one-half percent. No applicant shall  receive  a  loan
     6  for  any  purpose under paragraph (a) of this subdivision more than once
     7  in any five-year period; provided, however, that  joint  applicants  may
     8  receive  up  to two loans in any five year period. The minimum amount of
     9  any loan shall be five thousand dollars. The period of  any  loan  shall
    10  not  exceed  the  period  of  probable usefulness, prescribed by section
    11  11.00 of the local finance  law,  for  the  emergency  equipment  to  be
    12  purchased  with  the  proceeds  of  the  loan  or, if no period be there
    13  prescribed, five years. The total amount of any interest earned  by  the
    14  investment  or  reinvestment of all or part of the principal of any loan
    15  made under this section shall be returned to the  [secretary  of  state]
    16  commissioner of the division of homeland security and emergency services
    17  for deposit in the account and shall not be credited as payment of prin-
    18  cipal  or interest on the loan. The [secretary of state] commissioner of
    19  the division of homeland security and  emergency  services  may  require
    20  security  for any loan and may specify the priority of liens against any
    21  emergency equipment wholly or partially  purchased  with  moneys  loaned
    22  under  this  section. The [secretary of state] commissioner of the divi-
    23  sion of homeland security and emergency services may  make  loans  under
    24  this  section subject to such other terms and conditions the [secretary]
    25  commissioner of the division of homeland security and emergency services
    26  deems proper.
    27    (c) The [secretary of state] commissioner of the division of  homeland
    28  security  and emergency services shall have the power to make such rules
    29  and regulations as  may  be  necessary  and  proper  to  effectuate  the
    30  purposes of this section.
    31    (d)  The [secretary of state] commissioner of the division of homeland
    32  security and emergency services shall annually report by March fifteenth
    33  to the governor and the legislature describing the activities and opera-
    34  tion of the loan program authorized by this section. Such  report  shall
    35  set  forth  the  number  of loan applications received and approved; the
    36  number of joint applications received and approved; the names  of  coun-
    37  ties, cities, towns, villages and fire districts receiving loans togeth-
    38  er  with  the amount and purpose of the loan, the interest rate charged,
    39  and the outstanding balance; and the balance remaining in the  New  York
    40  state  emergency services revolving loan account, along with fund reven-
    41  ues and expenditures for the previous fiscal year, and projected  reven-
    42  ues and expenditures for the current and following fiscal years.
    43    5.  (a)  Application  for  loans may be made by a town, village, city,
    44  fire district, fire  protection  district,  independent,  not-for-profit
    45  fire  and  ambulance  corporation  or county, other than a county wholly
    46  contained within a city, provided  that  the  application  is  otherwise
    47  consistent  with its respective powers. Applications may also be submit-
    48  ted jointly by multiple applicants  provided  that  the  application  is
    49  otherwise consistent with each applicant's respective powers.
    50    (b)  Every application shall be in a form acceptable to the [secretary
    51  of state] commissioner of the division of homeland security and emergen-
    52  cy services.  Every application shall accurately reflect the  conditions
    53  which  give  rise to the proposed expenditure and accurately reflect the
    54  ability of the  applicant  to  make  such  an  expenditure  without  the
    55  proceeds of a loan under this section.

        S. 6606--B                         95                         A. 9706--C
 
     1    (c)  (i) The [emergency services loan board] commissioner of the divi-
     2  sion of homeland security and emergency services shall  give  preference
     3  to  those applications which demonstrate the greatest need, joint appli-
     4  cations, and to those applications the proceeds of which will be applied
     5  toward  attaining  compliance with federal and state laws and may disap-
     6  prove any application which contains no adequate demonstration  of  need
     7  or which would result in inequitable or inefficient use of the moneys in
     8  the account.
     9    (ii)  In  making  determinations  on loan applications, the [emergency
    10  services loan board] commissioner of the division of  homeland  security
    11  and  emergency services shall assure that loan fund moneys are equitably
    12  distributed among all sectors of the emergency  services  community  and
    13  all  geographical  areas of the state. Loans for the purpose of personal
    14  protective firefighting equipment shall be given preference for a period
    15  of two years from the date the first loan is made. Not less  than  fifty
    16  percent  of  the  loans  annually made shall be made to applicants whose
    17  fire protection or ambulance service is provided by a fire department or
    18  ambulance service whose membership is comprised  exclusively  of  volun-
    19  teers and whose budget for the fiscal year immediately preceding did not
    20  exceed one hundred thousand dollars.
    21    (d)  [An  application  or  joint  application shall be referred by the
    22  secretary of state to the emergency services loan board. The board shall
    23  consist of the following thirteen members: the  secretary  of  state  as
    24  chair,  or  the secretary's designee, the state fire administrator, five
    25  members appointed by the governor, two members appointed by  the  tempo-
    26  rary  president  of  the senate, two members appointed by the speaker of
    27  the assembly, one member appointed by the minority leader of the senate,
    28  and one member appointed by the minority leader of the assembly.    Each
    29  member  of the board shall serve at the pleasure of the appointing offi-
    30  cial. Members of the board shall serve without salary or per diem allow-
    31  ance, but shall be entitled to reimbursement for  actual  and  necessary
    32  expenses  incurred  in  the  performance  of  official duties under this
    33  section, provided, however, that such members are not, at the time  such
    34  expenses  are  incurred,  public  employees  otherwise  entitled to such
    35  reimbursement.  Notwithstanding  any  inconsistent  provisions  of  law,
    36  general, special or local, no officer or employee of the state, or poli-
    37  tical  subdivision  of  the state, any governmental entity operating any
    38  public school or college or other public agency  or  instrumentality  or
    39  unit of government which exercises governmental powers under the laws of
    40  the state, shall forfeit office or employment by reason of acceptance or
    41  appointment  as  a member, representative, officer, employee or agent of
    42  the board nor shall service as  such  member,  representative,  officer,
    43  employee  or  agent  of  the board be deemed incompatible or in conflict
    44  with such office or employment.
    45    (e)] An application or joint application shall not be approved:
    46    (i) if the applicant or applicants are in arrears on  any  prior  loan
    47  under this section,
    48    (ii)  if it shall be shown that at any time in the prior ten years the
    49  applicant or applicants used state funds to repay all  or  part  of  any
    50  loan made under this section.
    51    [(f)]  (e)  The  [emergency  services  loan board] commissioner of the
    52  division of homeland security and emergency services shall, to the maxi-
    53  mum extent feasible, and consistent with the other  provisions  of  this
    54  section,  seek  to provide that loans authorized by this section reflect
    55  an appropriate geographic distribution, are  distributed  equitably  and
    56  encourage regional cooperation.

        S. 6606--B                         96                         A. 9706--C
 
     1    6.  For  purposes  of this section, the following terms shall have the
     2  accompanying meanings:
     3    (a)  "Fire  companies"  means (i) a fire company, the members of which
     4  are firefighters, volunteer, paid or both,  of  a  county,  city,  town,
     5  village,  fire  district or fire department, or (ii) a fire corporation,
     6  the members of which are firefighters, volunteer, paid or both,  provid-
     7  ing fire protection pursuant to a fire protection contract within a fire
     8  protection district of a town.
     9    (b)  "Volunteer  ambulance  service" means an individual, partnership,
    10  association, corporation, municipality or any legal or public entity  or
    11  subdivision  thereof engaged in providing emergency medical services and
    12  the transportation of sick, disabled or injured persons by  motor  vehi-
    13  cle,  aircraft  or  other  form  of transportation to or from facilities
    14  providing hospital services which is (i)  operating  not  for  pecuniary
    15  profit  or  financial  gain, and (ii) no part of the assets or income of
    16  which is distributable to, or inures to the  benefit  of,  its  members,
    17  directors or officers.
    18    (c)   "Ambulance"   means  a  motor  vehicle  designed,  appropriately
    19  equipped, and used for carrying sick or injured persons.
    20    (d) "Accessory equipment" means equipment  necessary  to  support  the
    21  ordinary  functions  of  fire  fighting,  emergency medical services, or
    22  rescue activities other than communication equipment, protective  equip-
    23  ment, and motor vehicles together with their fixtures and appointments.
    24    (e)  "Account"  means  the New York state emergency services revolving
    25  loan account established by this section within the combined  expendable
    26  trust fund-020.
    27    (f) "Communication equipment" means any voice or original transmission
    28  system  or  telemetry  system used to enhance fire fighter safety on the
    29  grounds of a fire or other emergency.
    30    (g) "Emergency equipment" means any or all  of  the  following:  ambu-
    31  lances,  accessory  equipment,  communication  equipment,  fire fighting
    32  apparatus, protective equipment, and rescue vehicles.
    33    (h) "Fire fighting apparatus" means elevated equipment, pumpers, tank-
    34  ers, ladder trucks, hazardous materials emergency response vehicles,  or
    35  other  such  specially equipped motor vehicles used for fire protection,
    36  together with the fixtures and appointments necessary to  support  their
    37  functions.
    38    (i)  "Joint application" means an application submitted by two or more
    39  towns, villages, cities,  fire  districts,  fire  protection  districts,
    40  not-for-profit fire and ambulance corporations or counties, other than a
    41  county  wholly  contained  within  a  city, for any purposes provided in
    42  subdivision four of this section.
    43    (j) "Protective equipment" means any clothing and devices that  comply
    44  with  occupational  safety  and health administration standards (federal
    45  occupational safety and health act regulations) used to protect  person-
    46  nel  who  provide  emergency services from injury while performing their
    47  functions, including, but not limited to, helmets, coats, boots,  eyesh-
    48  ields, gloves and self contained respiratory protection devices.
    49    (k) "Rescue vehicle" means a motor vehicle, other than an ambulance or
    50  fire fighting apparatus, appropriately equipped and used to support fire
    51  department  operations  and includes a vehicle specifically for carrying
    52  accessory equipment.
    53    § 31. Section 326 of the county law, as added by section 1 of  part  G
    54  of chapter 81 of the laws of 2002, is amended to read as follows:
    55    §  326. New York state [911] interoperable and emergency communication
    56  board. The "New York state [911] interoperable  and  emergency  communi-

        S. 6606--B                         97                         A. 9706--C
 
     1  cation  board"  is  hereby  established within the [department of state]
     2  division of homeland security and emergency services.   The board  shall
     3  assist  local governments, service suppliers, wireless telephone service
     4  suppliers  and appropriate state agencies by facilitating the most effi-
     5  cient and effective routing of 911 emergency calls;  developing  minimum
     6  standards  for public safety answering points; promoting the exchange of
     7  information, including emerging technologies; and encouraging the use of
     8  best practice standards among the public safety answering point communi-
     9  ty.
    10    § 32.  Section 328 of the county law is amended by adding a new subdi-
    11  vision 10 to read as follows:
    12    10. a.  The New York state interoperable and  emergency  communication
    13  board  shall make recommendations to the commissioner of the division of
    14  homeland security and emergency services on the  expenditure  of  grants
    15  and other funding programs related to interoperable and emergency commu-
    16  nications.  In carrying out this responsibility, and consistent with the
    17  mission of the division of homeland security and emergency services, the
    18  board will make recommendations related to the development, coordination
    19  and implementation of policies, plans, standards, programs and  services
    20  related to interoperable and emergency communications, including but not
    21  limited  to  ensuring compliance with federal mandates for interoperable
    22  communications and compatibility with the National  Incident  Management
    23  System.
    24    b.  The  board,  in  fulfilling  its  role to provide ongoing guidance
    25  regarding policies, plans, standards, programs and services  related  to
    26  interoperable and emergency communications, shall:
    27    (1)  establish  structures  and  guidelines  to maintain interoperable
    28  communications planning and coordination at the statewide level;
    29    (2) establish, promulgate and revise standards for  the  operation  of
    30  public safety answering points; and
    31    (3)  establish  guidelines  regarding the creation of regionally based
    32  radio communications systems compatible with the structures  and  guide-
    33  lines  created under subparagraph one of this paragraph and with federal
    34  mandates and best practices.
    35    § 33. Section 327 of the county law, as added by section 1 of  part  G
    36  of chapter 81 of the laws of 2002, subdivision 5 as amended by section 2
    37  of  part  Y  of  chapter  62  of the laws of 2003, is amended to read as
    38  follows:
    39    § 327. New York state [911] interoperable and emergency  communication
    40  board  membership.  1. The board shall consist of [thirteen] twenty-five
    41  members who shall be selected as follows:
    42    (a) one shall be the [secretary of state] statewide interoperable  and
    43  emergency  communication  coordinator, or his or her designee, who shall
    44  be the chairperson of the board;
    45    (b) one shall be the commissioner of criminal justice services, or his
    46  or her designee;
    47    (c) [five] one shall be the superintendent of the state police, or his
    48  or her designee;
    49    (d) one shall be the adjutant general of the division of military  and
    50  naval affairs, or his or her designee;
    51    (e) one shall be the commissioner of the division of homeland security
    52  and emergency services, or his or her designee;
    53    (f) one shall be the commissioner of the department of transportation,
    54  or his or her designee;
    55    (g)  one shall be the commissioner of the department of health, or his
    56  or her designee;

        S. 6606--B                         98                         A. 9706--C
 
     1    (h) one shall be the director of the office for technology, or his  or
     2  her designee;
     3    (i)  seven shall be appointed by the governor; provided, however, that
     4  no more than two such appointments made pursuant to this paragraph shall
     5  be from the same category of members as provided for in subdivision  two
     6  of this section;
     7    [(d)  three]  (j)  five  shall  be  appointed by the governor upon the
     8  recommendation of the  temporary  president  of  the  senate;  provided,
     9  however,  that  no  more than one such appointment made pursuant to this
    10  paragraph shall be from the same category of members as provided for  in
    11  subdivision two of this section; and
    12    [(e)  three]  (k)  five  shall  be  appointed by the governor upon the
    13  recommendation of the speaker of the assembly; provided,  however,  that
    14  no  more than one such appointment made pursuant to this paragraph shall
    15  be from the same category of members as provided for in subdivision  two
    16  of this section.
    17    2.  The  members  appointed  upon  the recommendation of the temporary
    18  president of the senate and the speaker of the assembly, and the members
    19  appointed by the governor pursuant to paragraph (c) of  subdivision  one
    20  of  this section, shall have experience with interoperable and emergency
    21  communication issues, and shall be representative of chiefs  of  police,
    22  sheriffs,  fire  chiefs  and  departments,  ambulance service providers,
    23  including proprietary or volunteer ambulance services, county 911  coor-
    24  dinators,  emergency  managers, local elected officials, [wireless tele-
    25  phone service suppliers, service suppliers]  non-governmental  organiza-
    26  tions specializing in disaster relief, tribal nation representation, and
    27  statewide  first  responder associations, or representatives of consumer
    28  interests.
    29    3. Each board member shall be appointed for  a  term  of  four  years.
    30  Vacancies  in the board occurring otherwise than by expiration of a term
    31  shall be filled for the  unexpired  term  in  the  same  manner  as  the
    32  original  appointment. The board shall meet as frequently as it may deem
    33  necessary and at least four times each year on such dates as agreed upon
    34  by the board. The board may approve and from time to time  amend  bylaws
    35  in  relation  to  its  meetings  and  the transaction of its business. A
    36  majority of the members of the board then in office shall  constitute  a
    37  quorum  for the transaction of any business or the exercise of any power
    38  by the board.
    39    4. Members of the  board  shall  receive  no  compensation  for  their
    40  services,  but  shall  be  reimbursed  for actual and necessary expenses
    41  incurred by them in the performance of their duties. Notwithstanding any
    42  inconsistent provisions of law, no officer or employee of the  state  or
    43  any  political  subdivision  of  the  state shall forfeit such office or
    44  employment by reason of acceptance or appointment as  a  member  of  the
    45  board. For purposes of section thirteen of article thirteen of the state
    46  constitution,  membership on the board by a sheriff shall not constitute
    47  public office.
    48    5. Article two of the state administrative  procedure  act  shall  not
    49  apply,  provided, however, that the board shall publicly post the stand-
    50  ards proposed pursuant to section three  hundred  twenty-eight  of  this
    51  article  no  later  than  forty-five  days prior to their adoption. Such
    52  standards shall be posted in appropriate publications, the state  regis-
    53  ter and on the [department of state's] division of homeland security and
    54  emergency  services'  website.  During  such  forty-five day period, the
    55  board shall receive and consider public comment on the  proposed  stand-
    56  ards  before adopting final standards. Upon final adoption, those stand-

        S. 6606--B                         99                         A. 9706--C
 
     1  ards adopted pursuant to section  three  hundred  twenty-eight  of  this
     2  article  shall be posted in appropriate publications, the state register
     3  and on the [department of state's] division  of  homeland  security  and
     4  emergency services' website.
     5    6.  The board shall be subject to articles six and seven of the public
     6  officers law.
     7    § 34. Section 328-a of the county law is REPEALED.
     8    § 35. Section 328-b of the county law, as added by section 1 of part G
     9  of chapter 81 of the laws of 2002, is amended to read as follows:
    10    § 328-b. Powers and duties of the chairperson. 1. The  chairperson  of
    11  the board shall coordinate efforts among other executive agencies having
    12  an  interest  in  the  duties  of the board, and shall consult with such
    13  agencies in carrying out the duties of the board.
    14    2. The chairperson shall receive such assistance as required to  carry
    15  out its duties from staff of the [department of state] division of home-
    16  land  security  and  emergency services designated for such purposes, as
    17  well as staff members recommended by other state agencies to the  chair-
    18  person.
    19    3.  The  board  may request and receive from any department, division,
    20  board, bureau, commission, or other agency of the state or any political
    21  subdivision thereof such  assistance,  information,  and  data  as  will
    22  enable the board to properly carry out its functions, powers, and duties
    23  under this article.
    24    § 36. Section 331 of the county law is REPEALED.
    25    § 37. Section 332 of the county law is REPEALED.
    26    §  38. Paragraph (c) of subdivision 6 of section 186-f of the tax law,
    27  as added by section 3 of part B of chapter 56 of the laws  of  2009,  is
    28  amended to read as follows:
    29    (c) [To fund costs associated with the design, construction, and oper-
    30  ation  of  the statewide wireless network annually pursuant to appropri-
    31  ation by the legislature] Up to the sum of seventy-five million  dollars
    32  annually  may  be  used for the provision of grants or reimbursements to
    33  counties for the development,  consolidation,  or  operation  of  public
    34  safety  communications systems or networks designed to support statewide
    35  interoperable communications for first  responders,  to  be  distributed
    36  pursuant  to standards and guidelines issued by the state. Annual grants
    37  may consider costs borne by a municipality related to  the  issuance  of
    38  local public safety communications bonds pursuant to section twenty-four
    39  hundred  thirty-two of the public authorities law, when the municipality
    40  has qualified as an approved participant in  a  statewide  interoperable
    41  communications  system  under the standards and guidelines issued by the
    42  state, and maintains compliance with such standards and guidelines.  The
    43  grant  amount will be prescribed pursuant to an agreement with the muni-
    44  cipality, and may not exceed thirty percent of the annual cost borne  by
    45  the municipality in relation to such bonds;
    46    §  39. Paragraphs (d) and (e) of subdivision 6 of section 186-f of the
    47  tax law, as added by section 3 of part B of chapter 56 of  the  laws  of
    48  2009, are amended and a new paragraph (e) is added to read as follows:
    49    (d)  [Not  less  than  the sum of ten million dollars annually must be
    50  disbursed pursuant to article six-A of the county law  and  appropriated
    51  by the legislature; and
    52    (e)]  To  provide the costs of debt service for bonds and notes issued
    53  to finance expedited deployment funding pursuant to  the  provisions  of
    54  section three hundred thirty-three of the county law and section sixteen
    55  hundred eighty-nine-h of the public authorities law[.]; and

        S. 6606--B                         100                        A. 9706--C
 
     1    (e)  services  and expenses that support the operations and mission of
     2  the division of homeland security and emergency services as appropriated
     3  by the legislature.
     4    §  40.  Section  156-e  of the executive law, as added by section 2 of
     5  part A of chapter 81 of the laws of 2002, is amended to read as follows:
     6    § 156-e. College fire safety. 1. Notwithstanding the provisions of any
     7  law to the contrary, the office of fire prevention and  control  of  the
     8  division of homeland security and emergency services, by and through the
     9  state  fire  administrator or their duly authorized officers and employ-
    10  ees, shall have the responsibility to annually inspect  buildings  under
    11  the  jurisdiction  of public colleges and independent colleges, as these
    12  terms are defined in section eight hundred seven-b of the education law,
    13  for compliance with and violations of the uniform  fire  prevention  and
    14  building code; or any other applicable code, rule or regulation pertain-
    15  ing  to  fire  safety. Buildings subject to inspection are all buildings
    16  under the jurisdiction of such colleges used for  classroom,  dormitory,
    17  fraternity,  sorority,  laboratory,  physical  education, dining, recre-
    18  ational or other purposes.
    19    2. a. The office of fire prevention and control shall have  the  power
    20  to issue a notice of violation and orders requiring the remedying of any
    21  condition  found  to  exist  in,  on  or  about  any such building which
    22  violates the uniform fire prevention and building  code,  or  any  other
    23  code,  rule  or regulation pertaining to fire safety, fire safety equip-
    24  ment and fire safety devices.  Such  office  is  further  authorized  to
    25  promulgate  regulations regarding the issuance of violations, compliance
    26  with orders, and providing for time for compliance, reinspection  proce-
    27  dures, and issuance of certificates of conformance.
    28    b.  Where  any college authority in general charge of the operation of
    29  any public or independent college buildings is served personally  or  by
    30  registered  or  certified  mail  with  an  order  of  the office of fire
    31  prevention and control to remedy any violation and fails to comply  with
    32  such  order  immediately  or  within such other time as specified in the
    33  order, the office of fire prevention and control may avail itself of any
    34  or all of the following remedies: (1) assess a civil penalty  of  up  to
    35  five hundred dollars per day until the violation is corrected; (2) order
    36  immediate  closure  of  the building, buildings or parts thereof where a
    37  violation exists that poses an imminent  threat  to  public  health  and
    38  safety;  (3) [exercise all of the authority conferred upon the secretary
    39  of state pursuant to article eighteen of this chapter to obtain  compli-
    40  ance  with its orders; or (4)] refer violations to the appropriate local
    41  government authorities for enforcement pursuant to article  eighteen  of
    42  this chapter.
    43    c.  The  office  of  fire  prevention  and control [by and through the
    44  secretary of state] is authorized to commence necessary proceedings in a
    45  court of competent jurisdiction seeking enforcement of any of its orders
    46  and payment of assessed penalties.
    47    3. a. Except as provided herein, any county, city,  town  or  village,
    48  pursuant to resolution of their respective legislative bodies, may apply
    49  to  the  office  of fire prevention and control for delegation of all or
    50  part of the duties, rights and powers conferred upon the office of  fire
    51  prevention and control by this section and section eight hundred seven-b
    52  of the education law. Upon acceptable demonstration of adequate capabil-
    53  ity, resources and commitment on the part of the applicant local govern-
    54  ment,  the  office  of  fire prevention and control may make such deleg-
    55  ation, in which case the local government shall also  have  all  of  the
    56  rights, duties and powers provided to local governments in article eigh-

        S. 6606--B                         101                        A. 9706--C
 
     1  teen  of  this  chapter  and  in any city charter or code. The authority
     2  granted in this section to assess civil penalties[,] and  order  closure
     3  of  buildings [and take action possessed by the secretary of state under
     4  article  eighteen  of this chapter,] shall not be delegated to the local
     5  government. Such powers shall continue in the office of fire  prevention
     6  and  control  which  may exercise them in the case of violations, on its
     7  own volition or at the request of  the  delegee  local  government.  The
     8  delegation  shall  expire  after  three years, and may be renewed at the
     9  discretion of the office of fire prevention and control. All  inspection
    10  reports conducted pursuant to a delegation of authority shall be prompt-
    11  ly  filed  with  the office of fire prevention and control. In the event
    12  any such report is not filed or reasonable grounds exist to believe that
    13  inspections or enforcement are inadequate or ineffective, the office  of
    14  fire  prevention  and  control  may revoke the delegation or continue it
    15  subject to  terms  and  conditions  specified  by  the  office  of  fire
    16  prevention and control.
    17    b.  The  authorities  in  a city having a population of one million or
    18  more shall exercise all of the rights, powers and duties  pertaining  to
    19  inspection  of  independent and public college buildings and enforcement
    20  provided in this section and section eight hundred seven-b of the educa-
    21  tion law, without impairing any existing authority of such city. A  copy
    22  of  all  inspection  reports  shall  be  filed  with  the office of fire
    23  prevention and control by the authorities conducting inspections.
    24    § 41. Subdivision 2 and paragraph (b)  of  subdivision  3  of  section
    25  837-o  of  the  executive  law, as amended by chapter 689 of the laws of
    26  2002, are amended to read as follows:
    27    2. Within ten business days of receipt from the applicant,  the  chief
    28  of  the  fire  company  shall  send the completed search request form to
    29  either (i) the sheriff's department of the  county  in  which  the  fire
    30  company  is  located,  or (ii) the [department of state,] office of fire
    31  prevention and control, as follows:
    32    (a) the sheriff's department of the county in which the  fire  company
    33  is  located  shall  be responsible for receiving the search requests and
    34  processing the search requests with the  division  within  ten  business
    35  days  of  receipt  from the chief of the fire company, unless the county
    36  legislative body adopts and files with the [secretary of  state]  office
    37  of fire prevention and control pursuant to the municipal home rule law a
    38  local  law  providing  that the sheriff's department shall not have such
    39  responsibility;
    40    (b) in all other instances where a county legislative body has adopted
    41  a local law pursuant to paragraph (a) of this subdivision, the  [depart-
    42  ment of state,] office of fire prevention and control shall be responsi-
    43  ble  for receiving search requests and forwarding the search requests to
    44  the division.
    45  The [department of state,] office of  fire  prevention  and  control  is
    46  hereby authorized to establish a communication network with the division
    47  for  the  purpose  of  forwarding  search  requests and receiving search
    48  results pursuant to paragraph (b) of this subdivision.
    49    (b) The results of the search shall be communicated in writing, within
    50  ten business days of receipt from the division, to the chief of the fire
    51  company from which the search request originated by either the sheriff's
    52  department or the [department of state,] office of fire  prevention  and
    53  control, and shall be kept confidential by the chief, except as provided
    54  in  paragraph  (c)  of this subdivision. The results of the search shall
    55  only state either that: (i) the applicant stands convicted of arson,  or
    56  (ii) the applicant has no record of conviction for arson. The results of

        S. 6606--B                         102                        A. 9706--C
 
     1  the search shall not divulge any other information relating to the crim-
     2  inal history of the applicant.
     3    §  42.  Subdivisions  1  and  2 of section 225-a of the county law, as
     4  amended by chapter 225 of the laws of  1979,  are  amended  to  read  as
     5  follows:
     6    1.  In  order to develop and maintain programs for fire training, fire
     7  service-related activities and mutual aid in cases  of  fire  and  other
     8  emergencies  in which the services of firemen would be used and to coop-
     9  erate with the office of fire prevention and control [in the  department
    10  of  state]  in furthering such programs, the board of supervisors of any
    11  county may create a county fire advisory board  and  may  establish  the
    12  office of county fire coordinator.
    13    2.  A  county  fire advisory board shall consist of not less than five
    14  nor more than twenty-one members, each of whom shall be appointed by the
    15  board of supervisors for a term of not to exceed one year, two years  or
    16  three  years. Such terms of office need not be the same for all members.
    17  It shall be the duty of such board to cooperate with the office of  fire
    18  prevention  and control [in the department of state] in relation to such
    19  programs for fire training, fire service-related activities  and  mutual
    20  aid;  to  act as an advisory body to the board of supervisors and to the
    21  county fire coordinator, if any, in connection with the  county  partic-
    22  ipation  in such programs for fire training, fire service-related activ-
    23  ities and mutual aid and in connection with the county establishment and
    24  maintenance of a county fire training school and mutual aid programs  in
    25  cases  of  fire  and  other emergencies in which the services of firemen
    26  would be used; to perform such other duties as the board of  supervisors
    27  may  prescribe in relation to fire training, fire service-related activ-
    28  ities and mutual aid in cases of fire and other emergencies in which the
    29  services of firemen would be used. The members of such  board  shall  be
    30  county officers, and shall serve without compensation.
    31    §  43.  Section 399-n of the general business law, as added by chapter
    32  576 of the laws of 1985, is amended to read as follows:
    33    § 399-n. Approval of electrical devices. Whenever  electrical  devices
    34  or electrical wiring or electrical apparatus are required to be approved
    35  by  underwriters  laboratories for fire safety by any statute, law, rule
    36  or regulation, of the state or any municipality thereof, approval by any
    37  qualified laboratory or testing organization that tests for fire  safety
    38  in  the  state  of  New  York  will be deemed to be satisfaction of such
    39  requirement. For the purposes of this section, a qualified laboratory or
    40  testing organization is one which meets the criteria of (1) the American
    41  Society for Testing Materials test E548-76, or (2) any  rules  or  regu-
    42  lations  relating thereto that may be promulgated by [the office of fire
    43  prevention and control of] the department of state.
    44    § 44. Section 204-d of the general municipal law, as amended by  chap-
    45  ter 583 of the laws of 2006, is amended to read as follows:
    46    §  204-d. Duties of the fire chief. The fire chief of any fire depart-
    47  ment or company shall, in addition to any other duties assigned  to  him
    48  by law or contract, to the extent reasonably possible determine or cause
    49  to  be  determined  the  cause  of each fire or explosion which the fire
    50  department or company has been called to suppress. He  shall  file  with
    51  the office of fire prevention and control [of the department of state] a
    52  report  containing  such  determination  and  any additional information
    53  required by such office regarding the  fire  or  explosion.  The  report
    54  shall  be  in  the  form  designated by such office. He shall contact or
    55  cause to be contacted the appropriate investigatory authority if he  has
    56  reason  to  believe the fire or explosion is of incendiary or suspicious

        S. 6606--B                         103                        A. 9706--C
 
     1  origin. For all fires that are suspected to have been ignited by a ciga-
     2  rette, within fourteen days after completing the investigation into such
     3  fire, the fire chief shall forward to the office of fire prevention  and
     4  control  information detailing, to the extent possible: (a) the specific
     5  brand and style of the cigarette suspected of having ignited such  fire;
     6  (b)  whether the cigarette package was marked as required by subdivision
     7  six of section one hundred fifty-six-c of the executive law; and (c) the
     8  location and manner in which such cigarette was purchased.
     9    § 45. Subdivisions 1 and 2 of section 209-e of the  general  municipal
    10  law,  as amended by chapter 225 of the laws of 1979, are amended to read
    11  as follows:
    12    1. Plan. The state fire administrator shall prepare a state fire mobi-
    13  lization and mutual aid plan which may provide for the establishment  of
    14  fire  mobilization and mutual aid zones of the state. Upon filing of the
    15  plan in the office [of the department of state] of fire  prevention  and
    16  control  such  plan  shall become the state fire mobilization and mutual
    17  aid plan.  Such plan may be amended from time to time in the same manner
    18  as originally adopted.
    19    2. Regional fire administrators.  The  state  fire  administrator  may
    20  appoint and remove a regional fire administrator for each fire mobiliza-
    21  tion  and mutual aid zone established pursuant to the state fire mobili-
    22  zation and mutual aid plan. Before  he  enters  on  the  duties  of  the
    23  office, each regional fire administrator shall take and subscribe before
    24  an officer authorized by law to administer oaths the constitutional oath
    25  of  office,  which  shall  be  administered and certified by the officer
    26  taking the same without compensation and shall be filed in the office of
    27  [the department of state] fire prevention and control.
    28    § 46. Subsection (b) of section 318 of the insurance law is amended to
    29  read as follows:
    30    (b) The information contained in such  reports  shall,  in  accordance
    31  with  such regulations, be available to law enforcement agencies, to tax
    32  districts which have, pursuant to the provisions of  section  twenty-two
    33  of  the general municipal law, filed with the superintendent a notice of
    34  intention to claim against the proceeds of a policy of  fire  insurance,
    35  to  the  office  of  fire  prevention  and control [of the department of
    36  state,] and  to  appropriate  governmental  agencies  charged  with  the
    37  responsibility for demolition of structures.
    38    §  47.  Section 54-e of the state finance law, as added by chapter 741
    39  of the laws of 1978, paragraph g of subdivision 1 as amended by  chapter
    40  225 of the laws of 1979, is amended to read as follows:
    41    §  54-e. State assistance to reimburse municipalities for firefighting
    42  costs. 1. As used in this section, unless otherwise expressly stated:
    43    a. "Normal operating expenses" shall  mean  those  costs,  losses  and
    44  expenses  which are ordinarily associated with the maintenance, adminis-
    45  tration and day-to-day operations of the fire department  of  a  munici-
    46  pality. Such expenses shall include, but not be limited to, the ordinary
    47  wages of firefighters, administrative and other overhead costs, depreci-
    48  ation,  the  costs  of  litigation and the costs of employee's benefits,
    49  including insurance, disability, death, or health care  whether  or  not
    50  such  costs are incurred as the result of firefighting services rendered
    51  to property under the jurisdiction of the state of New York.
    52    b. "Firefighting costs" shall mean those  expenses  and  losses  which
    53  would  not  have been incurred had not the fire in question taken place.
    54  Such costs shall include, but not be limited to, salaries for  specially
    55  employed  personnel,  costs  of supplies expended, and the lesser of (1)
    56  the cost of repairing any destroyed or  damaged  equipment  or  (2)  the

        S. 6606--B                         104                        A. 9706--C
 
     1  value  of  such  equipment  immediately preceding the fire. Firefighting
     2  costs shall not include: normal operating expenses  as  defined  herein,
     3  any  firefighting  cost for which the municipality is reimbursed under a
     4  policy  of  insurance or any costs associated with false alarms, regard-
     5  less of cause.
     6    c. "Claim" shall mean that amount which is equal to those firefighting
     7  costs incurred by a municipality to the extent that  such  costs  exceed
     8  the sum of two hundred fifty dollars.
     9    d.  "Fire"  shall  mean  any  instance of destructive and uncontrolled
    10  burning on property under the jurisdiction of  the  state  of  New  York
    11  including  scorch  burns  and  explosions of combustible dust or solids,
    12  flammable liquids and gases.
    13    e. "Municipality" shall mean any county, city, village, town  or  fire
    14  district,  having  a  fire department consisting of personnel, apparatus
    15  and equipment which has as its purpose protecting property and maintain-
    16  ing the safety and welfare of the public from the dangers of  fire,  or,
    17  in  the  case  of  a  fire protection district or that portion of a town
    18  outside a village or fire district, a fire company as defined in section
    19  three of  the  volunteer  [firemen's]  firefighters'  benefit  law.  The
    20  personnel  of  any  such fire department may be paid employees or unpaid
    21  volunteers or any combination thereof.
    22    f. "Property under the jurisdiction of the state of  New  York"  shall
    23  mean real property and improvements thereon and appurtenances thereto in
    24  which  the  state  of New York holds legal fee simple title and further,
    25  any real property conveyed or made available to the New York state hous-
    26  ing finance agency or the dormitory authority of the state of  New  York
    27  under  agreements  for  the financing and construction of facilities for
    28  the state university of New York; provided however, with  the  exception
    29  of  property occupied by the state university of New York, such property
    30  shall not include leasehold interest; provided  further,  such  property
    31  shall  not  include  any  property for which a municipality receives any
    32  payments-in-lieu of taxes or any other payments, including real property
    33  taxes, that are or may be used for providing  fire  protection  to  such
    34  property.
    35    [g.  "Secretary"  shall  mean the secretary of state or the state fire
    36  administrator as his designee.]
    37    2. Any municipality whose fire department has responded to a  fire  on
    38  property under the jurisdiction of the state of New York:
    39    a.  shall,  within  thirty days after such fire, submit a report, on a
    40  form prescribed by the [secretary of state] office  of  fire  prevention
    41  and  control,  to  the [secretary] office of fire prevention and control
    42  stating the location of such a fire and the firefighting costs  incurred
    43  while fighting such a fire; and
    44    b.  may,  within  thirty  days after such a fire, submit a claim, on a
    45  form prescribed by the [secretary of state,] office of  fire  prevention
    46  and  control  to  the  [secretary] office of fire prevention and control
    47  pursuant to the provisions of this section.
    48    3. The [secretary] office of fire prevention and control shall  review
    49  each  claim  to  determine  if  such  claim  shall be approved, reduced,
    50  amended or rejected and shall notify the municipality, within sixty days
    51  of receipt of such claim, as  to  his  determination.  The  municipality
    52  shall  notify  the  [secretary,]  office  of fire prevention and control
    53  within thirty days after receipt of the  [secretary's]  office  of  fire
    54  prevention and control's notification, as to its acceptance or rejection
    55  of  such  determination.  Failure to so notify the [secretary] office of
    56  fire prevention and control shall constitute an acceptance of the deter-

        S. 6606--B                         105                        A. 9706--C
 
     1  mination. If accepted by the municipality, such acceptance shall consti-
     2  tute the final and conclusive determination for such claim. If  rejected
     3  by  the municipality, such municipality shall resubmit its claim, within
     4  thirty days after receipt of the [secretary's] office of fire prevention
     5  and  control's notification, together with its reasons for objection and
     6  any additional documentation which may justify its claim.  Upon  receipt
     7  of  a  resubmitted  claim, the [secretary] office of fire prevention and
     8  control shall review such claim and within sixty days of receipt of such
     9  resubmitted claim, make a final determination as to  the  amount  to  be
    10  approved  for  such  claim. If the municipality shall dispute such final
    11  determination it may commence an action, within sixty days of such final
    12  determination, in the court of claims which shall have  jurisdiction  to
    13  adjudicate the claim and enter judgment, which judgment shall be a final
    14  determination  for  purposes  of  this  section  and shall be payable in
    15  accordance with the provisions of subdivisions four  and  five  of  this
    16  section.
    17    4. The [secretary] office of fire prevention and control shall certify
    18  all  claims  for  which a final determination has been made. The [secre-
    19  tary] office of fire prevention and  control  shall  submit  all  claims
    20  certified during the preceding year to the comptroller of the department
    21  of  audit  and  control on or before April first of each year. Any claim
    22  that has been received prior to April first of such year, but for  which
    23  no  certification  has  been  made,  shall,  for purposes of payment, be
    24  considered as a claim for the year in which such certification is made.
    25    5. All claims certified by the [secretary] office of  fire  prevention
    26  and control shall be paid annually and shall be paid upon a warrant from
    27  the comptroller from funds appropriated in the local assistance fund. In
    28  the  event  such  appropriation  is insufficient to permit the aggregate
    29  annual payments  authorized  under  this  section,  each  municipality's
    30  payment  for  any  claim  or  claims certified during the preceding year
    31  shall be decreased proportionally until the total payments are equal  to
    32  the amount appropriated.
    33    6.  The chief fiscal officer of the municipality shall pay the amounts
    34  received under this section into the fund or  funds  from  which  moneys
    35  were   expended  to  provide  the  firefighting  services  for  which  a
    36  reimbursement was made under this section.
    37    7. This section shall not in any  way  impair,  limit  or  modify  the
    38  rights and obligations of any insurer under any policy of insurance.
    39    8.  The  [secretary  of  state]  office of fire prevention and control
    40  shall annually prepare a report on the effectiveness of this section and
    41  shall submit such report to the legislature. Such report  shall  include
    42  the  number  and location of any fire on property under the jurisdiction
    43  of the state of New York, the number of claims and the  amount  of  each
    44  such  claim filed pursuant to this section and further, the total amount
    45  of all claims filed and the total amount  of  payments  made  under  the
    46  provisions  of this section. The first such report shall be submitted to
    47  the legislature on or before June first, nineteen hundred seventy-nine.
    48    § 48. Subdivisions 4 and 5 of section 99-q of the state  finance  law,
    49  as  added  by  chapter  490  of the laws of 2009, are amended to read as
    50  follows:
    51    4. Monies shall be payable from the fund on the audit and  warrant  of
    52  the  comptroller on vouchers approved and certified by the [secretary of
    53  state upon the recommendation of  the  office  of  fire  prevention  and
    54  control] state fire administrator.

        S. 6606--B                         106                        A. 9706--C
 
     1    5.  To  the  extent  practicable,  the [secretary of state] state fire
     2  administrator shall ensure that all monies received during a fiscal year
     3  are expended prior to the end of that fiscal year.
     4    §  49.  Subdivision 1 of section 115-a of the vehicle and traffic law,
     5  as amended by chapter 225 of the laws of 1979, is  amended  to  read  as
     6  follows:
     7    1.  a  vehicle  operated by officials of the office of fire prevention
     8  and control [in the department of state],
     9    § 50. Subdivision 79 of section 2.10 of the criminal procedure law, as
    10  added by chapter 241 of the laws of 2004, is amended to read as follows:
    11    79. Supervisors and members of the arson investigation bureau and fire
    12  inspection  bureau  of  the  [department  of  state's]  office  of  fire
    13  prevention  and  control when acting pursuant to their special duties in
    14  matters arising under the laws  relating  to  fires,  their  prevention,
    15  extinguishment, investigation thereof, and fire perils; provided, howev-
    16  er,  that  nothing in this subdivision shall be deemed to authorize such
    17  employees to carry, possess, repair, or dispose of a firearm unless  the
    18  appropriate  license therefor has been issued pursuant to section 400.00
    19  of the penal law.
    20    § 51. Section 380 of the executive law, as added by section 707 of the
    21  laws of 1981, is amended to read as follows:
    22    § 380. Granting authority. The secretary[, by and through  the  office
    23  of  fire  prevention  and  control,] shall administer a program of local
    24  assistance to aid local governments in the administration  and  enforce-
    25  ment  of  locally  adopted or state promulgated building and fire codes.
    26  Said program of local assistance shall conform to  the  requirements  of
    27  section  fifty-four-g  of  the  state  finance  law. The secretary shall
    28  adopt, amend and rescind such rules, regulations and guidelines  as  may
    29  be  necessary  for  the  performance of his or her functions, powers and
    30  duties under this section.
    31    § 52. Notwithstanding any law  to  the  contrary,  appropriations  and
    32  reappropriations  made in chapter 50 of the laws of 2010 to the Division
    33  of Homeland Security  and  Emergency  Services  for  the  Administration
    34  Program,  Cyber  Security Program, Homeland Security Program, and Design
    35  and Construction  Supervision  Capital  Construction  Program  shall  be
    36  available  to the current Office of Homeland Security for expenditure by
    37  these same programs during the period of April 1, 2010 through  December
    38  31,  2010; appropriations and reappropriations made in chapter 50 of the
    39  laws of 2010 to the Division of Homeland Security and Emergency Services
    40  for the Disaster Assistance Program and the Emergency Management Program
    41  shall be available to the Division of Military  and  Naval  Affairs  for
    42  expenditure  by  these  same programs during the period of April 1, 2010
    43  through December 31, 2010; appropriations and reappropriations  made  in
    44  chapter  50 of the laws of 2010 to the Division of Homeland Security and
    45  Emergency Services for the Fire Prevention and Control Program shall  be
    46  available  to  the  Department of State for expenditure by the Office of
    47  Fire Prevention and Control during the period of April 1,  2010  through
    48  December  31, 2010; and appropriations made in chapter 50 of the laws of
    49  2010 to the Division of Homeland Security and Emergency Services for the
    50  Interoperable Communications Program shall be available  to  the  Office
    51  for  Technology for expenditure by State Interoperability Program Office
    52  during the period of April 1, 2010 through December 31, 2010.
    53    § 53. Annual report on merger. The commissioner  of  the  division  of
    54  homeland  security  and  emergency  services shall, on or before January
    55  first, two thousand eleven and two thousand twelve, submit to the gover-
    56  nor, the temporary president of the  senate,  and  the  speaker  of  the

        S. 6606--B                         107                        A. 9706--C
 
     1  assembly,  a  report concerning the progress of the merger of the former
     2  office of homeland security, state emergency  management  office,  state
     3  911  board, office of cyber security and critical infrastructure coordi-
     4  nation,  and  office  of  fire prevention and control. Such report shall
     5  include a current  and  projected  organizational  chart,  identify  and
     6  account  for cost savings achieved or costs incurred as a result of such
     7  merger, evaluate progress made  toward  (a)  improved  cooperation  with
     8  local  and  federal partners, (b) improved flow of information among the
     9  merged entities, (c) development of regional interoperable communication
    10  networks, (d) restructuring of the 911 board, (e) creation of  a  state-
    11  of-the-art training facility for first responders, (f) greater efficien-
    12  cy  of  public  safety functions at the local level, (g) standardization
    13  and streamlining of grant operations, (h) efficiencies and  savings  due
    14  to  combined  administrative  functions  and shared service centers, and
    15  provide other information which, in the opinion of the commissioner,  is
    16  pertinent  to an assessment of the performance and cost-effectiveness of
    17  the merger in the previous year.
    18    § 54. This act shall take effect July 1, 2010; provided  however  that
    19  sections  thirty-six  and  thirty-seven of this act shall take effect on
    20  July 1, 2010 so long as nothing in this act  may  adversely  affect  any
    21  state  agency  from  distributing funds to political subdivisions of the
    22  state in a like manner as the year prior;  provided,  however,  that  if
    23  anything  in this act adversely affects any state agency from distribut-
    24  ing funds to political subdivisions of this state in a  like  manner  as
    25  the  year  prior  then  sections thirty-six and thirty-seven of this act
    26  shall take effect upon the cessation of such adverse  effects,  provided
    27  that  the director of the division of the budget shall notify the legis-
    28  lative bill drafting commission  upon  the  cessation  of  such  adverse
    29  effects  provided  for  in this section in order that the commission may
    30  maintain an accurate and timely effective data base of the official text
    31  of the laws of the state of New York in furtherance of effectuating  the
    32  provisions  of section 44 of the legislative law and section 70-b of the
    33  public officers law; and  provided  further  that  agencies  are  hereby
    34  authorized  to  promulgate  and establish any rules and regulations that
    35  are necessary for the implementation of this act on its effective date.
 
    36                                   PART C
 
    37    Intentionally omitted.
 
    38                                   PART D
 
    39    Section 1. Intentionally omitted.
    40    § 2. Intentionally omitted.
    41    § 3. The opening paragraph of subdivision 6 of section 390.50  of  the
    42  criminal  procedure law, as added by chapter 866 of the laws of 1980, is
    43  amended to read as follows:
    44    Professional licensing agencies. Probation departments shall provide a
    45  copy of presentence reports prepared in the case of individuals who  are
    46  known to be licensed pursuant to title eight of the education law to the
    47  state  department  of  health if the licensee is a physician, a special-
    48  ist's assistant or a physician's assistant, and to the  state  education
    49  department  with respect to all other such licensees. Such reports shall
    50  be accumulated and forwarded every three months, shall  be  in  writing,
    51  may be submitted in a hard copy or electronically, and shall contain the
    52  following information:

        S. 6606--B                         108                        A. 9706--C
 
     1    § 4. Intentionally omitted.
     2    § 5. Intentionally omitted.
     3    § 6. Intentionally omitted.
     4    §  7. Section 60.27 of the penal law is amended by adding a new subdi-
     5  vision 14 to read as follows:
     6    14.  Where a transfer of probation has occurred  pursuant  to  section
     7  410.80 of the criminal procedure law and the probationer is subject to a
     8  restitution  condition,  the  department  of  probation in the county in
     9  which the order of restitution was imposed shall notify the  appropriate
    10  district  attorney.  Upon  notification  by the department of probation,
    11  such district attorney shall file a certified copy of the judgment  with
    12  the  clerk  of  the county in the receiving jurisdiction for purposes of
    13  establishing a first lien and to permit institution of civil proceedings
    14  pursuant to the provisions of subdivision six of section 420.10  of  the
    15  criminal procedure law.
    16    §  8. Paragraph (b) of subdivision 3 of section 65.10 of the penal law
    17  is amended to read as follows:
    18    (b) Remain within the jurisdiction of the court unless granted permis-
    19  sion to leave by the court or the  probation  officer[;  and].  Where  a
    20  defendant  is granted permission to move or travel outside the jurisdic-
    21  tion of the court, the defendant shall sign a written waiver of extradi-
    22  tion agreeing to waive extradition proceedings  where  such  proceedings
    23  are  the  result  of  the issuance of a warrant by the court pursuant to
    24  subdivision two of section 410.40 of the criminal procedure law based on
    25  an alleged violation of probation.  Where any county or the city of  New
    26  York incurs costs associated with the return of any probationer based on
    27  the  issuance  of  a warrant by the court pursuant to subdivision two of
    28  section 410.40 of the  criminal  procedure  law,  the  jurisdiction  may
    29  collect  the  reasonable  and  necessary expenses involved in connection
    30  with his or her transport, from the probationer; provided that where the
    31  sentence of probation is not revoked pursuant to section 410.70  of  the
    32  criminal procedure law no such expenses may be collected.
    33    § 9. Intentionally omitted.
    34    §  10.  The  section heading and subdivisions 1, 2, 3 and 4 of section
    35  246 of the executive law, the section heading and subdivisions 2  and  4
    36  as  added  by  chapter  479 of the laws of 1970, subdivisions 1 and 3 as
    37  amended by chapter 134 of the laws of 1985, and the second  undesignated
    38  paragraph of subdivision 4 as amended by chapter 55 of the laws of 1992,
    39  are amended to read as follows:
    40    State  [reimbursement]  aid  for probation services. 1. The program of
    41  state aid to county probation services shall be [continued. It shall be]
    42  administered by the division of  [probation  and  correctional  alterna-
    43  tives]  criminal justice services with the advice of the state probation
    44  commission and the director of the office of probation and  correctional
    45  alternatives.    Funds  appropriated to the division for distribution as
    46  state aid to county probation services and to the probation services  of
    47  New  York  city  shall be distributed by the division in accordance with
    48  [the provisions of this section, and] rules and regulations  adopted  by
    49  the [director] commissioner of the division of criminal justice services
    50  after  consultation with the state probation commission and the director
    51  of the office of probation and correctional alternatives.
    52    2. State aid shall be granted to the city of New York and the  respec-
    53  tive  counties outside the city of New York [only to the extent of reim-
    54  bursing fifty per  centum  of  the  approved]  for  expenditures  to  be
    55  incurred  by  the  county  or  city  in  maintaining and improving local
    56  probation services subject to amounts  appropriated  for  this  purpose.

        S. 6606--B                         109                        A. 9706--C
 
     1  [It]  State  aid grants shall not [include] be used for expenditures for
     2  capital additions or improvements, or for debt service costs for capital
     3  improvements.
     4    State aid shall be granted by the [director] commissioner of the divi-
     5  sion  of  criminal  justice  services  after consultation with the state
     6  probation commission and the director of the  office  of  probation  and
     7  correctional  alternatives, provided the respective counties or the city
     8  of New York conform to  standards  relating  to  the  administration  of
     9  probation  services  as  adopted  by  the [director] commissioner of the
    10  division of criminal justice services after consultation with the  state
    11  probation  commission  and  the  director of the office of probation and
    12  correctional alternatives.
    13    3. Applications from counties or the city of New York  for  state  aid
    14  under  this  section  shall  be  made  by  filing  with  the division of
    15  [probation and correctional alternatives] criminal justice  services,  a
    16  detailed  plan, including cost estimates covering probation services for
    17  the fiscal year or portion thereof for which aid is requested.  Included
    18  in  such estimates shall be clerical costs and maintenance and operation
    19  costs as well as salaries of probation personnel and such  other  perti-
    20  nent information as the [director] commissioner of the division of crim-
    21  inal justice services may require. Items for which [reimbursement] state
    22  aid  is  requested  under  this  section shall be duly designated in the
    23  estimates submitted. The [director]  commissioner  of  the  division  of
    24  criminal  justice  services, after consultation with the state probation
    25  commission and the director of the office of probation and  correctional
    26  alternatives, shall approve such plan if it conforms to standards relat-
    27  ing  to  the  administration  of  probation services as specified in the
    28  rules adopted by him or her.
    29    4. An approved plan and compliance  with  standards  relating  to  the
    30  administration  of  probation  services  promulgated  by  the [director]
    31  commissioner of the division of criminal justice  services  shall  be  a
    32  prerequisite  to eligibility for [reimbursement] state aid.  [At the end
    33  of each quarter, each county outside the city of New  York  approved  as
    34  eligible  for reimbursement under this section, and the city of New York
    35  if approved as eligible for  reimbursement  under  this  section,  shall
    36  submit  to  the division, in such form as the director requires, a veri-
    37  fied accounting of all expenditures made by the county, or the  city  of
    38  New  York, in providing probation services. Such accounting shall desig-
    39  nate those items for  which  reimbursement  is  claimed,  and  shall  be
    40  presented together with a claim for reimbursement.
    41    In  submitting a claim for reimbursement each] The commissioner of the
    42  division of criminal justice services may take into consideration grant-
    43  ing additional state aid from an appropriation made for  state  aid  for
    44  county  probation  services  for counties or the city of New York when a
    45  county or the city of New York demonstrates  that  additional  probation
    46  services  were  dedicated  to  intensive supervision programs, intensive
    47  programs for sex offenders or programs defined as juvenile  risk  inter-
    48  vention  services. The administration of such additional grants shall be
    49  made according to rules and regulations promulgated by the  commissioner
    50  of  the  division of criminal justice services. Each county and the city
    51  of New York shall certify the total amount collected pursuant to section
    52  two hundred fifty-seven-c of this chapter [during the period  for  which
    53  such reimbursement is claimed]. The [director] commissioner of the divi-
    54  sion  of  criminal justice services shall thereupon certify to the comp-
    55  troller for payment by the state out  of  funds  appropriated  for  that

        S. 6606--B                         110                        A. 9706--C
 
     1  purpose, the amount to which the county or the city of New York shall be
     2  entitled under this section.
     3    § 11.  Intentionally omitted.
     4    § 12. This act shall take effect immediately; provided, however, that:
     5    (a)  sections  three, seven and eight of this act shall take effect on
     6  the ninetieth day after it shall have become a law; and
     7    (b) the amendments to the second undesignated paragraph of subdivision
     8  4 of section 246 of the executive law made by section ten  of  this  act
     9  shall not affect the expiration and reversion of such undesignated para-
    10  graph and shall expire therewith.
 
    11                                   PART E
 
    12    Section  1. The executive law is amended by adding a new article 30 to
    13  read as follows:
 
    14                                 ARTICLE 30
    15                           INDIGENT LEGAL SERVICES
 
    16  Section 832. Office of indigent legal services.
    17          833. Indigent legal services board.
    18    § 832. Office of indigent legal services. 1. There is  hereby  created
    19  within  the  executive department the office of indigent legal services,
    20  hereinafter referred to in this section as the "office".  The purpose of
    21  such office is to monitor, study and make efforts to improve the quality
    22  of services provided pursuant to article eighteen-B of the  county  law.
    23  The office shall report to the indigent legal services board established
    24  pursuant   to  section  eight  hundred  thirty-three  of  this  article,
    25  provided, however, that administrative matters  of  general  application
    26  within the executive department shall also be applicable to such office.
    27    2.  (a)  Following the initial appointment of the members of the indi-
    28  gent legal services board established pursuant to section eight  hundred
    29  thirty-three of this article, such board shall promptly nominate a full-
    30  time  director of the office and notify the governor of such nomination.
    31  After approval or disapproval of the first nominee as  director  of  the
    32  office,  or  at  any  time  thereafter  when a vacancy shall exist or is
    33  anticipated in the position of director  of  the  office,  the  indigent
    34  legal services board shall promptly nominate a full-time director of the
    35  office,  and  notify  the  governor of such nomination.  Nothing in this
    36  paragraph shall prohibit the board from appointing an  interim  director
    37  if there is a vacancy.
    38    (b) The governor, within thirty days after receiving written notice of
    39  any  nomination  of  a  director  made pursuant to paragraph (a) of this
    40  subdivision, may approve or disapprove the nomination. If  the  governor
    41  approves such nomination, or fails to act on such nomination within such
    42  thirty  day period, the nominee shall thereupon commence his or her term
    43  as director of the office. If, within such thirty day period, the gover-
    44  nor serves upon the chair of such board a  written  notice  disapproving
    45  such  nomination, the nominee shall not be authorized to serve as direc-
    46  tor of the office provided, however, that such board  may  authorize  an
    47  interim director appointed pursuant to paragraph (a) of this subdivision
    48  to  serve  or continue to serve as interim director until such time as a
    49  director of the office is approved, or not timely  disapproved,  by  the
    50  governor.  Following any disapproval, the board shall have sixty days to
    51  submit another nominee, although  such  period  may  be  extended,  upon
    52  request  of  the  board,  by the governor. A person appointed as interim

        S. 6606--B                         111                        A. 9706--C
 
     1  director may exercise all of the powers available  to  the  director  of
     2  such office.
     3    (c) The director of the office shall serve full-time and for a term of
     4  five  years. The director may be removed during this term for good cause
     5  shown, after notice and an opportunity to be heard, by a  vote  of  two-
     6  thirds  or more of the nine members of such board. The person serving as
     7  director shall, upon assuming such position, be admitted to practice law
     8  and shall have not less than five years professional experience  in  the
     9  area  of  public defense services, and have a demonstrated commitment to
    10  the provision of quality public defense representation and to the commu-
    11  nities served by public defense providers.
    12    (d) The director shall appoint employees and perform such other  func-
    13  tions as are appropriate to ensure the efficient operation of the office
    14  within the amounts available therefor by appropriation.
    15    3. Duties and responsibilities. The office shall, in consultation with
    16  the  indigent legal services board established pursuant to section eight
    17  hundred thirty-three of this article,  have  the  following  duties  and
    18  responsibilities:
    19    (a)  to examine, evaluate and monitor services provided in each county
    20  pursuant to article eighteen-B of the county law;
    21    (b)  to  collect  and  receive  information  and  data  regarding  the
    22  provision  of  services pursuant to article eighteen-B of the county law
    23  including, but not limited to:
    24    (i) the types and combinations of such services being utilized in each
    25  county;
    26    (ii) the salaries and other compensation paid to  individual  adminis-
    27  trators, attorneys and staff providing such services;
    28    (iii) the actual caseloads of attorneys providing such services pursu-
    29  ant to article eighteen-B of the county law;
    30    (iv)  how  the  caseloads of attorneys providing such services compare
    31  with the caseloads of attorneys providing  prosecution-related  services
    32  in each county;
    33    (v)  the  types, nature and timing of dispositions of cases handled by
    34  attorneys providing such services and attorneys  providing  prosecution-
    35  related services;
    36    (vi)  the  actual  expenditures currently being made in each county on
    37  such services and prosecution-related services;
    38    (vii) the time, funds and in-kind resources currently being  spent  on
    39  such  services  and  prosecution-related  services  and the amount being
    40  spent on ancillary services such as investigators, support staff, social
    41  workers and expert  witnesses,  including  consideration  of  all  funds
    42  received for such services from all sources;
    43    (viii)  the criteria and procedures used to determine whether a person
    44  is eligible to receive such services, the number of  persons  considered
    45  for  and  applicants  denied such services, the reasons for the denials,
    46  and the results of any review of such denials, including the  number  of
    47  orders  issued  pursuant  to  section  seven hundred twenty-two-d of the
    48  county law; and
    49    (ix) the standards and criteria used in programs and by each county to
    50  determine whether individual attorneys are qualified to provide indigent
    51  legal services, on a case by case basis;
    52    (c) to analyze and evaluate the  collected  data,  and  undertake  any
    53  necessary research and studies, in order to consider and recommend meas-
    54  ures  to  enhance the provision of indigent legal services and to ensure
    55  that recipients of services provided pursuant to article  eighteen-B  of
    56  the  county  law  are provided with quality representation from fiscally

        S. 6606--B                         112                        A. 9706--C
 
     1  responsible providers, which shall include but not be limited to: estab-
     2  lishing criteria and procedures to guide courts in determining whether a
     3  person is eligible  for  such  representation;  establishing  standards,
     4  criteria  and  a  process  for qualifying and re-qualifying attorneys to
     5  provide such services pursuant to article eighteen-B of the county law;
     6    (d) to establish standards and criteria  for  the  provision  of  such
     7  services  in  cases involving a conflict of interest and to assist coun-
     8  ties to develop plans consistent with such standards and criteria;
     9    (e) to  develop  recommendations  to  improve  the  delivery  of  such
    10  services  in a manner that is consistent with the needs of the counties,
    11  the efficiency and adequacy of the public defense plan operated  in  the
    12  counties  and  the  quality of representation offered, which may include
    13  receiving applications for and distributing grants pursuant to specified
    14  criteria;
    15    (f) to develop recommendations regarding the distribution and expendi-
    16  ture of any monies appropriated for indigent legal  services,  including
    17  but  not limited to monies from the indigent legal services fund created
    18  pursuant to section ninety-eight-b of the state finance law, for consid-
    19  eration by the indigent legal services  board  established  pursuant  to
    20  section  eight hundred thirty-three of this article; and, in making such
    21  recommendations, may consider, in addition to measures  of  performance,
    22  the commitment of local resources to such services and the changes ther-
    23  eto;  the  geographic balance of funding among the regions of the state,
    24  population, crime rates, poverty rates and individual community needs;
    25    (g) to target grants in  support  of  innovative  and  cost  effective
    26  solutions that enhance the provision of quality indigent legal services,
    27  including collaborative efforts serving multiple counties;
    28    (h)  to  investigate  and monitor any other matter related to indigent
    29  legal services that the director deems important;
    30    (i) to request and  receive  from  any  department,  division,  board,
    31  bureau,  commission or other agency of the state or any political subdi-
    32  vision of the state or any public authority such assistance, information
    33  and data, subject  to  limitations  on  the  disclosure  of  information
    34  provided  confidentially  to  indigent  legal service providers, as will
    35  enable the office to  properly  carry  out  its  functions,  powers  and
    36  duties;
    37    (j)  to  establish measures of performance which programs and counties
    38  shall regularly report to the office, to assist the office in monitoring
    39  the quality of indigent legal services;
    40    (k) to apply for and accept any grant or gift for any of the  purposes
    41  of  the  office  or  the  indigent legal services board.   Any monies so
    42  received may be expended by the office to effectuate any  such  purpose,
    43  subject to the same limitations as to approval of expenditures and audit
    44  as are prescribed for state monies appropriated for such purposes;
    45    (l)  to present findings and make recommendations for consideration by
    46  the indigent legal services board established pursuant to section  eight
    47  hundred thirty-three of this article; and
    48    (m)  to  execute decisions of the indigent legal services board estab-
    49  lished pursuant to section eight hundred thirty-three of  this  article,
    50  including the distribution of funds.
    51    §  833.  Indigent legal services board. 1. There is hereby created the
    52  indigent legal services board hereinafter referred to in this section as
    53  the "board". The purpose of such board shall be to  monitor,  study  and
    54  make  efforts  to  improve  the quality of services provided pursuant to
    55  article eighteen-B of the county law. No active prosecutor, law enforce-
    56  ment official  or  person  providing  prosecution-related  services,  or

        S. 6606--B                         113                        A. 9706--C

     1  employee of such a prosecutor, official or person, shall be appointed to
     2  or  serve  on  such  board.  The board shall consist of nine members who
     3  shall be appointed as follows:
     4    (a) one shall be the chief judge of the court of appeals, who shall be
     5  the chair of the board;
     6    (b)  one  shall  be appointed by the governor on the recommendation of
     7  the temporary president of the senate;
     8    (c) one shall be appointed by the governor on  the  recommendation  of
     9  the speaker of the assembly;
    10    (d)  one  shall  be  appointed by the governor from a list of at least
    11  three attorney nominees submitted by the New York state bar association;
    12    (e) two shall be appointed by the governor from a  list  of  at  least
    13  four nominees submitted by the New York state association of counties;
    14    (f)  one  shall  be appointed by the governor and shall be an attorney
    15  who has provided public defense services for at least five years;
    16    (g) one attorney who shall be appointed by the governor; and
    17    (h) one shall be appointed by the governor, from a  list  of  no  more
    18  than  two  nominees  submitted by the chief administrator of the courts,
    19  each of whom shall be a judge or justice, or retired judge  or  justice,
    20  who  was elected to the supreme, county or family court, or appointed to
    21  the criminal court or family court in the city  of  New  York,  and  has
    22  substantial  experience  presiding  as  such a judge or justice in trial
    23  matters before such court.
    24    2. All members of the board shall be  appointed  for  terms  of  three
    25  years  such  terms  to commence on August first, and expire July thirty-
    26  first, provided, however, that the chief judge of the court  of  appeals
    27  shall  serve  ex officio; and provided further, that the initial term of
    28  the member appointed pursuant to paragraph (d), the  first  of  the  two
    29  members  appointed  pursuant  to  paragraph (e) and the member appointed
    30  under paragraph (g) of subdivision one of this section shall be for  two
    31  years. Initial appointments must be made within sixty days of the effec-
    32  tive  date  of  this  subdivision.   Any member chosen to fill a vacancy
    33  created otherwise than by expiration of term shall be appointed for  the
    34  unexpired  term  of  the  member whom he or she is to succeed. Vacancies
    35  caused by expiration of a term or otherwise shall be filled promptly and
    36  in the same manner as original appointments. Any  member  may  be  reap-
    37  pointed for additional terms.
    38    A member of the board shall continue in such position upon the expira-
    39  tion  of  his or her term until such time as he or she is reappointed or
    40  his or her successor is appointed, as the case may be.
    41    3. Membership on the board shall not  constitute  the  holding  of  an
    42  office,  and members of the board shall not be required to take and file
    43  oaths of office before serving on the board. The board  shall  not  have
    44  the right to exercise any portion of the sovereign power of the state.
    45    4.  The  board  shall meet at least four times in each year. The first
    46  meeting of the board shall be held within thirty days of the appointment
    47  of the full board or within sixty days after the effective date of  this
    48  subdivision, whichever occurs earlier. Special meetings may be called by
    49  the  chair  and  shall  be  called by the chair upon the request of five
    50  members of the board. The board may establish its  own  procedures  with
    51  respect  to  the  conduct  of  its meetings and other affairs; provided,
    52  however, that the quorum and majority provisions of section forty-one of
    53  the general construction law shall  govern  all  actions  taken  by  the
    54  board.

        S. 6606--B                         114                        A. 9706--C
 
     1    5.  The  members  of the board shall receive no compensation for their
     2  services but shall  be  allowed  their  actual  and  necessary  expenses
     3  incurred in the performance of their functions hereunder.
     4    6.  No  member  of  the  board  shall be disqualified from holding any
     5  public office or employment, nor shall he or she forfeit any such office
     6  or employment, by reason of his or  her  appointment  pursuant  to  this
     7  section, notwithstanding the provisions of any other general, special or
     8  local law, ordinance or city charter.
     9    7. The board shall have the following duties and responsibilities:
    10    (a)  To  evaluate existing indigent legal services programs and deter-
    11  mine the type of indigent legal services that should be provided in  New
    12  York  state  to  best  serve  the  interests  of  persons receiving such
    13  services;
    14    (b) To consult with and advise the office of indigent  legal  services
    15  in carrying out the duties and responsibilities of such office;
    16    (c)  To accept, reject or modify recommendations made by the office of
    17  indigent legal services regarding the allocation of funds and the award-
    18  ing of grants, including  incentive  grants,  from  the  indigent  legal
    19  services  fund  created  pursuant to section ninety-eight-b of the state
    20  finance law.  When acting on such a recommendation, the board shall  set
    21  forth the basis for its determination; and
    22    (d)  To  advise and to make an annual report to the governor, legisla-
    23  ture and judiciary.
    24    § 2. Section 98-b of the state finance law, as added by section 12  of
    25  part  J  of  chapter 62 of the laws of 2003, subdivision 3 as amended by
    26  section 1 of part H of chapter 56 of the laws of 2004 and paragraph  (b)
    27  of  subdivision 3 as amended by section 1 of part G of chapter 56 of the
    28  laws of 2005, is amended to read as follows:
    29    § 98-b. Indigent legal services fund. 1. There is  hereby  established
    30  in the joint custody of the comptroller and the commissioner of taxation
    31  and  finance  a  special fund to be known as the indigent legal services
    32  fund.
    33    2. Such fund shall consist of all moneys appropriated for the  purpose
    34  of  such  fund, all other moneys required to be paid into or credited to
    35  such fund, and all moneys received by the fund or donated to it.
    36    [3.] (a) [As provided in this  subdivision,  moneys  received  by  the
    37  indigent  legal  services  fund  each  calendar  year from January first
    38  through December thirty-first shall be made available by the state comp-
    39  troller in the immediately succeeding calendar year] The purpose of such
    40  fund shall be to (i) assist counties and, in the case of a county wholly
    41  contained within a city, such city, in  providing  legal  representation
    42  for  persons  who  are  financially unable to afford counsel pursuant to
    43  article eighteen-B of the county law; [and] (ii) assist  the  state,  in
    44  improving  the  quality of public defense services and funding represen-
    45  tation provided by assigned counsel  paid  in  accordance  with  section
    46  thirty-five  of  the  judiciary  law;  and (iii) provide support for the
    47  operations, duties, responsibilities and expenses of the office of indi-
    48  gent legal services and the indigent legal services  board  established,
    49  respectively,  pursuant  to  sections eight hundred thirty-two and eight
    50  hundred thirty-three of the executive law.  [Moneys from the fund  shall
    51  be  distributed  at the direction of the state comptroller in accordance
    52  with the provisions of this subdivision.
    53    (b) (i) Commencing on March thirty-first, two  thousand  five,  moneys
    54  from  such fund shall first be made available, in the calendar year next
    55  succeeding the calendar year in which collected, to reimburse the  state
    56  for payments, made in the previous calendar year, for,]

        S. 6606--B                         115                        A. 9706--C
 
     1    (b)  State  funds received by a county or city from such fund shall be
     2  used to supplement and not supplant any local funds which such county or
     3  city would otherwise have had to expend for the provision of counsel and
     4  expert, investigative and other services pursuant to article  eighteen-B
     5  of  the  county  law.  All such state funds received by a county or city
     6  shall be used to improve the quality of services  provided  pursuant  to
     7  article  eighteen-B  of  the county law. Nothing in this paragraph shall
     8  preclude a county from decreasing local funds  as  long  as  the  county
     9  demonstrates  to  the  office  of indigent legal services established by
    10  section eight hundred thirty-two of the executive law that  the  quality
    11  of  services  has been maintained or enhanced notwithstanding the use of
    12  state funds.
    13    (c) As used in this section, "local funds" shall mean all funds appro-
    14  priated or allocated by a county or, in the  case  of  a  county  wholly
    15  contained within a city, such city, for services and expenses in accord-
    16  ance  with  article  eighteen-B  of  the  county  law,  other than funds
    17  received from: (i) the federal  government  or  the  state;  or  (ii)  a
    18  private  source,  where  such  city or county does not have authority or
    19  control over the payment of such funds by such private source.
    20    3. Amounts distributed from such fund  shall  be  limited  to  amounts
    21  appropriated therefor and shall be distributed as follows:
    22    (a)  The  office  of  court administration may expend a portion of the
    23  funds available in such fund to provide assigned counsel paid in accord-
    24  ance with section thirty-five of the judiciary law, up to an annual  sum
    25  of twenty-five million dollars.
    26    [(ii) Commencing with the payment on April first, two thousand five or
    27  as  soon  thereafter  as  practicable, and subsequent quarterly payments
    28  thereafter, moneys from such fund shall be available  to  reimburse  the
    29  state  for  providing funding for legal representation in periods and at
    30  rates of compensation in effect after January first, two  thousand  four
    31  in  accordance  with  section  thirty-five  of  the judiciary law, in an
    32  amount equal to such funding provided during the preceding quarter, less
    33  the amount of funding provided during that quarter  in  accordance  with
    34  such  section  at  rates  of compensation in effect immediately prior to
    35  January first, two thousand four, up to but not  exceeding  six  million
    36  two hundred fifty thousand dollars per quarter.
    37    (c)  The  balance of moneys received by such fund shall be distributed
    38  by the state comptroller, in  the  calendar  year  next  succeeding  the
    39  calendar  year  in  which  collected,  to counties and, in the case of a
    40  county wholly contained within a city, such city, to assist  such  coun-
    41  ties and such city in providing representation pursuant to article eigh-
    42  teen-B  of  the county law. The amount to be made available each year to
    43  such counties and such city shall be calculated by the state comptroller
    44  as follows:
    45    (i) The county executive or chief executive officer of each county or,
    46  in the case of a county wholly contained within a city, such city shall,
    47  in accordance with subdivision two of section seven hundred twenty-two-f
    48  of the county law, certify to the state comptroller, by March  first  of
    49  each  year,  the total expenditure of local funds by each such county or
    50  city, during the period January first through December  thirty-first  of
    51  the  previous  calendar  year,  for  providing  legal  representation to
    52  persons who were financially unable to afford counsel, pursuant to arti-
    53  cle eighteen-B of the county law.
    54    (ii) The state comptroller shall then total the amount of local  funds
    55  expended by all such counties and such city to determine the sum of such

        S. 6606--B                         116                        A. 9706--C

     1  moneys  expended  by  all such counties and such city for providing such
     2  representation in such calendar year.
     3    (iii)  The state comptroller shall then calculate the percentage share
     4  of the statewide sum of such expenditures for each county and such  city
     5  for such calendar year.
     6    (iv) The state comptroller shall then determine:
     7    (A) the fund amount available to be distributed pursuant to this para-
     8  graph, which shall be the amount received by the indigent legal services
     9  fund  in the immediately preceding calendar year, minus the amount to be
    10  distributed to  the  state  under  paragraph  (b)  of  this  subdivision
    11  provided,  however, that with respect to the first payment made to coun-
    12  ties and such city  on  March  thirty-first,  two  thousand  five,  such
    13  payment  shall  be  made from the amounts received by the indigent legal
    14  services fund in the immediately preceding two calendar years, minus the
    15  amount to be distributed to the state under paragraph (b) of this subdi-
    16  vision; and
    17    (B) the annual payment amount to be paid to each county and such  city
    18  pursuant to this subdivision, which shall be the product of the percent-
    19  age  share  of  statewide  local  funds expended by each such county and
    20  city, as determined pursuant to subparagraph (iii)  of  this  paragraph,
    21  multiplied  by the fund amount available for distribution, as determined
    22  pursuant to clause (A) of this subparagraph.
    23    (d) All payments  from  this  account  shall  be  made  upon  vouchers
    24  approved  and  certified  and  upon audit and warrant of the state comp-
    25  troller. The state comptroller shall, as soon as practicable, make  such
    26  payments  to  the  state  and  each  county  and each city in a lump sum
    27  payment.
    28    4. Maintenance of effort. (a) As used in this section,  "local  funds"
    29  shall  mean  all  funds appropriated or allocated by a county or, in the
    30  case of a county wholly contained within a city, such city, for services
    31  and expenses in accordance with article eighteen-B of  the  county  law,
    32  other than funds received from: (i) the federal government or the state;
    33  or  (ii)  a  private  source,  where  such  city or county does not have
    34  authority or control over the payment of  such  funds  by  such  private
    35  source.
    36    (b)  State  funds received by a county or city pursuant to subdivision
    37  three of this section shall be used to supplement and not  supplant  any
    38  local funds which such county or city would otherwise have had to expend
    39  for  the  provision  of  counsel  and  expert,  investigative  and other
    40  services pursuant to article eighteen-B of  the  county  law.  All  such
    41  state  funds  received  by a county or city shall be used to improve the
    42  quality of services provided pursuant to article eighteen-B of the coun-
    43  ty law.
    44    (c) Notwithstanding the provisions of any other law, as a precondition
    45  for receiving state assistance pursuant to  subdivision  three  of  this
    46  section,  a  county or city shall be required pursuant to this paragraph
    47  to demonstrate compliance with the maintenance of effort  provisions  of
    48  paragraph  (b)  of this subdivision. Such compliance shall be shown as a
    49  part of the annual report submitted by the county or city in  accordance
    50  with subdivision two of section seven hundred twenty-two-f of the county
    51  law.  Such  maintenance  of  effort shall be shown by demonstrating with
    52  specificity:
    53    (i) that the total amount of local funds  expended  for  services  and
    54  expenses  pursuant  to  article  eighteen-B of the county law during the
    55  applicable calendar year reporting period  did  not  decrease  from  the
    56  amount  of  such  local funds expended during the previous calendar year

        S. 6606--B                         117                        A. 9706--C

     1  provided, however, that with respect to the report filed in two thousand
     2  six regarding calendar year  two  thousand  five,  such  maintenance  of
     3  effort  shall  be shown by demonstrating with specificity that the total
     4  amount  of  local  funds  expended for services and expenses pursuant to
     5  article eighteen-B of the county law during the two thousand five calen-
     6  dar year did not decrease from the amount of such local  funds  expended
     7  during calendar year two thousand two; or
     8    (ii)  where  the  amount  of  local  funds  expended for such services
     9  decreased over such period, that all state  funds  received  during  the
    10  most  recent  state  fiscal  year  pursuant to subdivision three of this
    11  section were used to assure an improvement in the  quality  of  services
    12  provided  in  accordance  with  article eighteen-B of the county law and
    13  have not been used to supplant local funds. For purposes of this subpar-
    14  agraph, whether there has been an improvement in  the  quality  of  such
    15  services  shall be determined by considering the expertise, training and
    16  resources made available to attorneys, experts and investigators provid-
    17  ing such services; the total caseload handled by such attorneys, experts
    18  and investigators as such relates to the time expended in each case  and
    19  the  quality  of  services  provided; the system by which attorneys were
    20  matched to cases with a degree of complexity suitable to each attorney's
    21  training and experience; the provision of timely and confidential access
    22  to such attorneys and expert and investigative services; and  any  other
    23  similar  factors  related  to  the  delivery  of  quality public defense
    24  services.]
    25    (b) An annual amount of forty million dollars shall be made  available
    26  to  the  city  of  New York from such fund for the provision of services
    27  pursuant to article eighteen-B of the county law; provided that the city
    28  of New York shall continue to provide at minimum the aggregate amount of
    29  funding for public defense services including, but not limited  to,  the
    30  amount  of  funding for contractors of public defense services and indi-
    31  vidual defense attorneys, that it provided, pursuant  to  article  eigh-
    32  teen-B  of the county law during its two thousand nine--two thousand ten
    33  fiscal year.
    34    (c) Within the first fifteen days of March two thousand  eleven,  each
    35  county other than a county wholly contained within the city of New York,
    36  shall  receive ninety percent of the amount paid to such county in March
    37  two thousand ten.  Within the first fifteen days of March  two  thousand
    38  twelve, each county other than a county wholly contained within the city
    39  of  New  York  shall  receive seventy-five percent of the amount paid to
    40  such county in March two thousand ten.  Within the first fifteen days of
    41  March two thousand thirteen, each county  other  than  a  county  wholly
    42  contained within the city of New York shall receive fifty percent of the
    43  amount  paid to such county in March two thousand ten.  Within the first
    44  fifteen days of March two thousand fourteen, each county  other  than  a
    45  county  wholly contained within the city of New York shall receive twen-
    46  ty-five percent of the amount paid to such county in March two  thousand
    47  ten.    For all state fiscal years following the two thousand thirteen--
    48  two thousand fourteen fiscal year, there shall  be  no  required  annual
    49  payments  pursuant to this paragraph.  Notwithstanding the provisions of
    50  this paragraph, for each of the four required payments made to  counties
    51  within the first fifteen days of March two thousand eleven, two thousand
    52  twelve,  two  thousand  thirteen and two thousand fourteen, Hamilton and
    53  Orleans counties shall receive such percentage  payments  based  on  the
    54  amounts  that  each county would have received in March two thousand ten
    55  had it satisfied the maintenance of  effort  requirement  set  forth  in

        S. 6606--B                         118                        A. 9706--C
 
     1  paragraph  (c)  of  subdivision  four  of this section in effect on such
     2  date.
     3    (d)  Remaining  amounts  within such fund, after accounting for annual
     4  payments required in paragraphs (a), (b) and (c) of this subdivision and
     5  subparagraph (iii) of paragraph (a) of subdivision two of  this  section
     6  shall  be  distributed in accordance with sections eight hundred thirty-
     7  two and eight hundred thirty-three of the executive law.
     8    § 3. Subdivision 3 of section 722 of the county  law,  as  amended  by
     9  chapter 682 of the laws of 1977, is amended to read as follows:
    10    3.  (a) Representation by counsel furnished pursuant to either or both
    11  of the following: a plan of a bar association in each county or the city
    12  in which a county is wholly  contained  whereby:  (i)  the  services  of
    13  private  counsel  are  rotated  and coordinated by an administrator, and
    14  such administrator may be compensated for such  service;  or  (ii)  such
    15  representation is provided by an office of conflict defender.
    16    (b)  Any  plan  of  a bar association must receive the approval of the
    17  state administrator before the plan is placed in operation. In the coun-
    18  ty of Hamilton, [such] representation pursuant to a plan of a bar  asso-
    19  ciation  in  accordance  with  subparagraph (i) of paragraph (a) of this
    20  subdivision may be by counsel furnished by the Fulton county bar associ-
    21  ation pursuant to a plan of the Fulton county bar association, following
    22  approval of the state administrator. When  considering  approval  of  an
    23  office of conflict defender pursuant to this section, the state adminis-
    24  trator shall employ the guidelines established by the office of indigent
    25  legal services pursuant to paragraph (d) of subdivision three of section
    26  eight hundred thirty-two of the executive law.
    27    (c)  Any county operating an office of conflict defender, as described
    28  in subparagraph (ii) of paragraph (a) of this subdivision, as  of  March
    29  thirty-first,  two  thousand  ten  may  continue to utilize the services
    30  provided by such office provided that the county submits a plan  to  the
    31  state  administrator  within one hundred eighty days after the promulga-
    32  tion of criteria for the provision of conflict defender services by  the
    33  office  of  indigent  legal  services.  The authority to operate such an
    34  office pursuant to this paragraph shall expire when the  state  adminis-
    35  trator  approves  or disapproves such plan. Upon approval, the county is
    36  authorized to operate such office in accordance with paragraphs (a)  and
    37  (b) of this subdivision.
    38    § 4. This act shall take effect immediately.
 
    39                                   PART F
 
    40    Intentionally omitted.

    41                                   PART G
 
    42    Intentionally omitted.
 
    43                                   PART H
 
    44    Intentionally omitted.
 
    45                                   PART I
 
    46    Intentionally omitted.
 
    47                                   PART J

        S. 6606--B                         119                        A. 9706--C
 
     1    Intentionally omitted.
 
     2                                   PART K
 
     3    Section  1.  Paragraph  2  of  subdivision  (a) of section 1911 of the
     4  uniform district court act, as amended by section 33 of part J of  chap-
     5  ter 62 of the laws of 2003, is amended and two new paragraphs 2-a and 10
     6  are added to read as follows:
     7    (2)  Upon filing the first paper in an action or proceeding, including
     8  a special proceeding for the settlement of  a  claim  of  an  infant  or
     9  incompetent,  forty-five  dollars,  unless  there has been paid a fee of
    10  forty-five dollars for the issuance of a summons,  order  of  arrest  or
    11  attachment,  requisition  or warrant of seizure, or a notice of petition
    12  or order to show cause in lieu  thereof  in  a  summary  proceeding,  as
    13  provided for by [subparagraph (1) hereof] paragraph one of this subdivi-
    14  sion.
    15    (2-a)  Upon  filing the first paper in an action or proceeding arising
    16  out of a consumer credit transaction as defined in  subdivision  (f)  of
    17  section  one  hundred five of the civil practice law and rules, an addi-
    18  tional ninety-five dollars.
    19    (10) Upon the filing of a judgment by a plaintiff on or after  Septem-
    20  ber  first, two thousand ten in an action or proceeding arising out of a
    21  consumer credit transaction as defined in subdivision (f) of section one
    22  hundred five of the civil practice law and rules,  ninety-five  dollars;
    23  provided  such action or proceeding was commenced prior to such date and
    24  no additional fee was paid therein pursuant to paragraph two-a  of  this
    25  subdivision.
    26    §  2.  Paragraph  1  of subdivision (a) of section 1911 of the uniform
    27  city court act, as amended by section 5 of part B of chapter 686 of  the
    28  laws  of 2003, is amended and two new paragraphs 1-a and 12 are added to
    29  read as follows:
    30    (1) Upon the filing of the first paper in any  action  or  proceeding,
    31  forty-five  dollars,  unless there has already been paid a fee of forty-
    32  five dollars as provided for by paragraph [(11) hereof] eleven  of  this
    33  subdivision.
    34    (1-a)  Upon  filing the first paper in an action or proceeding arising
    35  out of a consumer credit transaction as defined in  subdivision  (f)  of
    36  section  one  hundred five of the civil practice law and rules, an addi-
    37  tion ninety-five dollars.
    38    (12) Upon the filing of a judgment by a plaintiff on or after  Septem-
    39  ber  first, two thousand ten in an action or proceeding arising out of a
    40  consumer credit transaction as defined in subdivision (f) of section one
    41  hundred five of the civil practice law and rules,  ninety-five  dollars,
    42  provided  such action or proceeding was commenced prior to such date and
    43  no additional fee was paid therein pursuant to paragraph (one-a) of this
    44  subdivision.
    45    § 3. Subdivision (b) of section 1911 of the New York city civil  court
    46  act,  as  amended  by  section 36 of part J of chapter 62 of the laws of
    47  2003, is amended and two new subdivisions (b-1) and  (n)  are  added  to
    48  read as follows:
    49    (b)  Upon filing summons with proof of service thereof, or upon filing
    50  of the first paper in that county in any action  or  proceeding,  forty-
    51  five  dollars, unless there has been paid in that county a fee of forty-
    52  five dollars pursuant to subdivision (a) [hereof] of this section.
    53    (b-1) Upon filing the first paper in an action or  proceeding  arising
    54  out  of  a  consumer credit transaction as defined in subdivision (f) of

        S. 6606--B                         120                        A. 9706--C

     1  section one hundred five of the civil practice law and rules,  an  addi-
     2  tional ninety-five dollars.
     3    (n) Upon the filing of a judgment by a plaintiff on or after September
     4  first,  two  thousand  ten  in  an action or proceeding arising out of a
     5  consumer credit transaction as defined in subdivision (f) of section one
     6  hundred five of the civil practice law and rules,  ninety-five  dollars,
     7  provided  such action or proceeding was commenced prior to such date and
     8  no additional fee was paid therein pursuant to subdivision (b-1) of this
     9  section.
    10    § 4. Paragraph (e) of subdivision 2 of section  39  of  the  judiciary
    11  law,  as  amended  by  section 22 of part J of chapter 62 of the laws of
    12  2003, is amended to read as follows:
    13    (e) All fees collected pursuant to sections  eighteen  hundred  three,
    14  eighteen  hundred  three-A  and  nineteen hundred eleven of the New York
    15  city civil court act, all fees collected pursuant to state  law  by  the
    16  county  clerks  in  the  city  of New York, except as otherwise provided
    17  herein with respect to fees collected pursuant  to  subdivision  (a)  of
    18  section  eight thousand eighteen of the civil practice law and rules and
    19  except those fees collected by the clerk of Richmond county which in the
    20  other counties of the city of New York are collected by the city  regis-
    21  ters,  all fees collected pursuant to section eight thousand eighteen of
    22  the civil practice law and rules  except  only  to  the  extent  of  one
    23  hundred sixty-five dollars of any fee collected pursuant to subparagraph
    24  (i)  of  paragraph one of subdivision (a) of such section and except for
    25  those collected pursuant to subparagraph (ii) of paragraph one of  para-
    26  graph  three  of  such  subdivision  (a), all fees collected pursuant to
    27  section eight thousand twenty of the civil practice law and rules except
    28  for those collected pursuant to subdivisions (f), (g) and  (h)  of  said
    29  section,  all  fees collected pursuant to section eight thousand twenty-
    30  two of the civil practice law and rules, all fees collected pursuant  to
    31  section  twenty-four hundred two of the surrogate's court procedure act,
    32  all fees collected pursuant to section eighteen hundred three,  eighteen
    33  hundred  three-A  and subdivision (a) of section nineteen hundred eleven
    34  of the uniform district  court  act,  all  fees  collected  pursuant  to
    35  section eighteen hundred three, eighteen hundred three-A and subdivision
    36  (a) of section nineteen hundred eleven of the uniform city court act and
    37  all  fines,  penalties and forfeitures collected pursuant to subdivision
    38  eight of section eighteen hundred three of the vehicle and traffic  law,
    39  except  such  fines,  penalties  and forfeitures collected by the Nassau
    40  county traffic and parking violations agency,  section  71-0211  of  the
    41  environmental  conservation  law, section two hundred one of the naviga-
    42  tion law and subdivision one of section 27.13 of the  parks,  recreation
    43  and historic preservation law shall be paid to the state commissioner of
    44  taxation and finance on a monthly basis no later than ten days after the
    45  last  day of each month. The additional fee of five dollars collected by
    46  county clerks in New York city pursuant to paragraph three  of  subdivi-
    47  sion  (a)  of  section eight thousand eighteen of the civil practice law
    48  and rules shall be distributed monthly by the county clerks as  follows:
    49  four dollars and seventy-five cents to the commissioner of education for
    50  deposit  into the local government records management improvement funds;
    51  and twenty-five cents to the city of New York.
    52    § 5. Paragraph 1 of subdivision (a) of section 8018 of the civil prac-
    53  tice law and rules, as amended by section 23 of part J of chapter 62  of
    54  the laws of 2003, is amended to read as follows:
    55    1.  A  county clerk is entitled, for the assignment of an index number
    56  to an action pending in a court of which he or she is clerk,  to  a  fee

        S. 6606--B                         121                        A. 9706--C
 
     1  of: (i) one hundred ninety dollars[, payable in advance]; and (ii) in an
     2  action  to  foreclose  pursuant to article thirteen of the real property
     3  actions and proceedings law, such clerk is entitled to collect an  addi-
     4  tional  fee  of  one  hundred  ninety  dollars. Such fees are payable in
     5  advance.
     6    § 6. Subdivision 1 of section 465 of the judiciary law, as amended  by
     7  chapter 166 of the laws of 1991, is amended to read as follows:
     8    1.  Every person applying for examination for admission to practice as
     9  an attorney and [counsellor] counselor at law shall pay  a  fee  of  two
    10  hundred  fifty dollars, or seven hundred fifty dollars if, to qualify to
    11  take the bar examination, the person must satisfy the rules of the court
    12  of appeals for the admission of attorneys and counselors at law  govern-
    13  ing  the  study of law in a foreign country, for each taking or retaking
    14  of the examination, or if dispensation has been received from the taking
    15  of the examination, four  hundred  dollars  for  credential  review  for
    16  admission on motion. All such fees shall be paid into the state treasury
    17  in  the  manner  provided by section one hundred twenty-one of the state
    18  finance law.
    19    § 7. Section 14 of part J of chapter 62 of the laws of  2003  amending
    20  the  county law and other laws relating to fees collected, as amended by
    21  section 1 of part CC of chapter 56 of the laws of 2008,  is  amended  to
    22  read as follows:
    23    §  14.  Notwithstanding  the  provisions of any other law: (a) the fee
    24  collected by the office of court administration  for  the  provision  of
    25  criminal  history  searches  and  other searches for data kept electron-
    26  ically by the unified court  system  shall  be  [fifty-five]  sixty-five
    27  dollars;  (b)  [twenty-seven]  thirty-five  dollars  of  each  such  fee
    28  collected shall be deposited in the indigent legal services fund  estab-
    29  lished  by  section  98-b  of the state finance law, as added by section
    30  twelve of this act, (c) nine dollars of each such fee collected shall be
    31  deposited in the legal services assistance fund established  by  section
    32  98-c of the state finance law, as added by section nineteen of this act,
    33  (d) sixteen dollars of each such fee collected shall be deposited to the
    34  judiciary data processing offset fund established by section 94-b of the
    35  state  finance  law,  and  (e)  the  remainder shall be deposited in the
    36  general fund.
    37    § 8. Notwithstanding any other provision of law, the monies  collected
    38  from  the  imposition  of  fees charged pursuant to paragraphs (2-a) and
    39  (10) of subdivision (a) of section 1911 of the  uniform  district  court
    40  act, paragraphs (1-a) and (12) of subdivision (a) of section 1911 of the
    41  uniform  city  court act, and subdivisions (b-1) and (n) of the New York
    42  city civil court act shall be deposited to the  credit  of  the  general
    43  fund.
    44    §  9.  Subdivision 4 of section 468-a of the judiciary law, as amended
    45  by section 17 of part J of chapter 62 of the laws of 2003, is amended to
    46  read as follows:
    47    4. The biennial registration fee shall be three hundred [fifty] seven-
    48  ty-five dollars, sixty dollars of which shall be  allocated  to  and  be
    49  deposited  in  a  fund established pursuant to the provisions of section
    50  ninety-seven-t of the state finance law, fifty dollars of which shall be
    51  allocated to and shall be deposited in a fund  established  pursuant  to
    52  the provisions of section ninety-eight-b of the state finance law, twen-
    53  ty-five  dollars  of  which shall be allocated to be deposited in a fund
    54  established pursuant to the provisions of section ninety-eight-c of  the
    55  state  finance law, and the remainder of which shall be deposited in the
    56  attorney licensing fund. Such fee shall be required  of  every  attorney

        S. 6606--B                         122                        A. 9706--C
 
     1  who  is  admitted and licensed to practice law in this state, whether or
     2  not the attorney is engaged in the practice of  law  in  this  state  or
     3  elsewhere,  except  attorneys  who certify to the chief administrator of
     4  the courts that they have retired from the practice of law.
     5    § 10.  This act shall take effect July 1, 2010; provided that sections
     6  one,  two,  three,  four,  five,  eight  and nine of this act shall take
     7  effect September 1, 2010.
 
     8                                   PART L
 
     9    Section 1. Subdivision 1 of section 106 of the uniform  justice  court
    10  act,  as  amended by chapter 499 of the laws of 1977, is amended to read
    11  as follows:
    12    1. A justice may hold court anywhere in the municipality including  in
    13  the  case  of  a town justice anywhere within a village wholly or partly
    14  contained within the town of which he is a justice regardless of whether
    15  or not said village has a village court and in the  event  two  or  more
    16  contiguous  villages  maintain  offices  in the same building, a village
    17  justice of any such village may hold court in  such  building,  notwith-
    18  standing  that the building is outside the boundaries of such village. A
    19  town justice may hold court in an adjacent town providing  such  justice
    20  has  been  elected  or  holds  office  pursuant to a plan established by
    21  resolution which was adopted pursuant to the provisions of  section  one
    22  hundred six-a of this [chapter] article or the provisions of section one
    23  hundred  six-b  of this article. A justice may hold court in one or more
    24  municipalities that form a contiguous geographic area,  including  in  a
    25  town  and  one  or  more  villages  each  of  which  is wholly or partly
    26  contained within such town, within the same county providing there is an
    27  agreement between such municipalities pursuant to article five-g of  the
    28  general  municipal  law to hold all court proceedings in any of the such
    29  municipalities in a courtroom or other suitable  facility  open  to  the
    30  public.
    31    §  2. Subdivision 1 of section 106-a of the uniform justice court act,
    32  as amended by chapter 237 of the laws of 2007, is  amended  to  read  as
    33  follows:
    34    1.  The  town  boards  of  two  or  more  towns that form a contiguous
    35  geographic area within the same county are hereby authorized  to  estab-
    36  lish  a single town court to be comprised of town justices to be elected
    37  from each of such towns in the same manner and for  the  same  terms  as
    38  town  justices  are  so elected except that [such terms shall not expire
    39  during the same year] the number of such terms expiring in any one  year
    40  may  not  exceed  by  more  than one the number of terms expiring in any
    41  other year in which terms expire.    The  procedure  to  establish  such
    42  single  court  may be initiated by the town board or may be initiated by
    43  petition. In the event the procedure is initiated by petition, the peti-
    44  tion shall be addressed to each town board and shall  be  signed  by  at
    45  least twenty percent of the registered voters in such towns.
    46    §  3. Subdivision 3 of section 106-a of the uniform justice court act,
    47  as amended by chapter 237 of the laws of 2007, is  amended  to  read  as
    48  follows:
    49    3. Such petition shall be filed in the office of the town clerk of one
    50  of  such  towns and a certified copy shall be filed in the office of the
    51  town clerk of the other town  or towns.
    52    § 4. Subdivision 8 of section 106-a of the uniform justice court  act,
    53  as  amended  by  chapter  237 of the laws of 2007, is amended to read as
    54  follows:

        S. 6606--B                         123                        A. 9706--C

     1    8. In the event that each respective town board approves  such  resol-
     2  ution  or  petition,  such boards shall prepare a joint resolution which
     3  shall provide that the office of one justice in each town shall be abol-
     4  ished and that the remaining justice in each town shall  have  jurisdic-
     5  tion in each town to the same extent as if each such justice was elected
     6  in each town. Such joint resolution shall provide for the election of at
     7  least  one  town justice every two years but in no case shall the number
     8  of terms expiring in any one year exceed by more than one the number  of
     9  terms  expiring in any other year in which terms expire, and shall iden-
    10  tify each justice whose office shall be abolished,  and  shall  identify
    11  each  justice  whose  office  shall  be continued [to so provide for the
    12  election of one justice every two years].
    13    § 5. Subdivision 9 of section 106-a of the uniform justice court  act,
    14  as  amended  by  chapter  237 of the laws of 2007, is amended to read as
    15  follows:
    16    9. In the event no agreement can be reached as to which offices  shall
    17  be  abolished,  the  [office]  offices  to  be [first] abolished by such
    18  resolution shall be chosen from each of the offices of town  justice  by
    19  lot. [In the event it is determined by lot that the office of justice to
    20  be  first  abolished is an office, the term of which will expire in more
    21  than two years, such office shall  be  abolished  as  provided  in  such
    22  resolution. The office of town justice that shall also then be abolished
    23  in  the other town shall be that office which would have expired in less
    24  than two years. In the event it is determined by lot that the office  of
    25  town justice to be abolished is an office, the term of which will expire
    26  in  less  than  two years, such office shall be abolished as provided in
    27  such resolution.  The office of town justice that shall  also  be  abol-
    28  ished  in any town shall be that office which would have expired in more
    29  than two years] However in no case shall an office be chosen by  lot  to
    30  be  abolished  that  would  cause  the  remaining offices to violate the
    31  requirements of subdivision eight of this section.
    32    § 6. Subdivision 11 of section 106-a of the uniform justice court act,
    33  as added by chapter 499 of the laws of  1977,  is  amended  to  read  as
    34  follows:
    35    11.  If  such  resolution  is  approved by a majority of the qualified
    36  persons voting thereon in each town such resolution shall be  deemed  to
    37  be adopted and the plan to establish a single town court shall be imple-
    38  mented  in the manner provided in such resolution. If such resolution is
    39  disapproved by a majority of the qualified persons voting thereon in one
    40  [town] or [in both] more towns, such resolution shall be defeated and no
    41  further action shall be taken to implement such plan.
    42    § 7. Subdivision 12 of section 106-a of the uniform justice court act,
    43  as added by chapter 499 of the laws of  1977,  is  amended  to  read  as
    44  follows:
    45    12.  Any  town  justice continuing in office pursuant to such plan and
    46  any town justice hereafter elected pursuant to the plan  established  in
    47  such  resolution  shall have jurisdiction in each [adjacent] town in the
    48  contiguous geographic area to the same extent and effect as if such town
    49  justice were elected in each such town.
    50    § 8. This act shall take effect April 1, 2010.
 
    51                                   PART M
 
    52    Intentionally omitted.
 
    53                                   PART N

        S. 6606--B                         124                        A. 9706--C
 
     1    Section 1. Section 2431 of the public authorities law  is  amended  by
     2  adding a new closing paragraph to read as follows:
     3    It  is  further  declared  to  be in the public interest and it is the
     4  policy of the state to provide a means by which state and  local  first-
     5  responder  public  safety agencies can establish regional communications
     6  capabilities, intended to serve as a part of a  statewide  interoperable
     7  network,  and  to do so by authorizing a state instrumentality to borrow
     8  money and use the proceeds to purchase obligations issued by  a  munici-
     9  pality  to  fund these communications capabilities, thereby resulting in
    10  savings for taxpayers.
    11    § 2. Subdivisions 2, 3 and 10 of section 2432 of the  public  authori-
    12  ties  law,  as amended by section 2 of part E of chapter 494 of the laws
    13  of 2009, are amended, subdivisions 25 and 26 are renumbered subdivisions
    14  26 and 27 and two new subdivisions 25  and  28  are  added  to  read  as
    15  follows:
    16    (2)  "Bonds"  and  "Notes". The bonds and notes, including any special
    17  program bonds, special school purpose bonds, [and] recovery  act  bonds,
    18  and public safety communications bonds respectively issued by the agency
    19  pursuant  to  this title. Bonds and notes shall not include any tax lien
    20  collateralized securities issued pursuant to this title.
    21    (3) "Municipal Bond". A bond or note or evidence of debt payable  from
    22  any  local  revenues,  including  taxes,  assessments and rents, which a
    23  municipality may lawfully issue to finance local improvements and public
    24  purposes, including local ARRA bonds and local  public  safety  communi-
    25  cations  bonds, but does not include (a) any bond or note or evidence of
    26  debt issued by any other state or any public body  or  municipal  corpo-
    27  ration  thereof,  (b)  any special program agreement, or (c) any special
    28  school purpose agreement or any special school  deficit  program  agree-
    29  ment.
    30    (10) "Debt Service Reserve Fund Requirement". With respect to any debt
    31  service  reserve fund created by section twenty-four hundred thirty-nine
    32  of this title relating to bonds other  than  special  program  bonds  or
    33  special  school purpose bonds or special school deficit program bonds or
    34  recovery act bonds or public safety  communications  bonds,  as  of  any
    35  particular date of computation, an amount of money equal to the greatest
    36  of the respective amounts, for the then current or any succeeding calen-
    37  dar  year,  of  annual  debt service payments required to be made to the
    38  agency on all municipal bonds purchased with the proceeds of bonds which
    39  bonds are secured by such debt service reserve fund,  such  annual  debt
    40  service payments for any calendar year being an amount of money equal to
    41  the  aggregate  of (a) all interest payable during such calendar year on
    42  all municipal bonds purchased by the agency and then outstanding on said
    43  date of computation which are secured by such debt service reserve fund,
    44  plus (b) the principal amount of all municipal bonds  purchased  by  the
    45  agency  and  then  outstanding  on said date of computation which mature
    46  during such calendar year and are secured by such debt  service  reserve
    47  fund;  and  with  respect  to  any  debt service reserve fund created by
    48  section twenty-four hundred thirty-nine of this  title  relating  to  an
    49  issue or issues of special program bonds or special school purpose bonds
    50  or  special school deficit program bonds or recovery act bonds or public
    51  safety communications bonds, such amount as shall be determined  by  the
    52  agency.
    53    (25) "Public safety communications bonds". Bonds of the agency, all or
    54  a  portion  of the proceeds of which are used to purchase a local public
    55  safety communication bond.  The amount of such bonds issued by the agen-
    56  cy shall not exceed one billion dollars.

        S. 6606--B                         125                        A. 9706--C
 
     1    (28) "Local public safety  communications  bonds".  A  municipal  bond
     2  issued  to  finance  or  fund  all or a portion of the costs of building
     3  regional, interoperable public communications networks for statewide use
     4  by first-responder agencies in the state, including equipment and  inci-
     5  dental  costs.    Local  public  safety  communication bonds may also be
     6  issued to refinance outstanding bonds issued by municipalities  for  the
     7  purposes  described herein provided that present value savings are real-
     8  ized from such a refunding.
     9    § 3. Section 2434 of the public authorities law is amended by adding a
    10  new subdivision 7-c to read as follows:
    11    (7-c) To acquire and contract to acquire, and to enter  into  arrange-
    12  ments  with  a  municipality for the purchase of its local public safety
    13  communications bonds.
    14    § 4. Subdivision 1 of section 2435 of the public authorities  law,  as
    15  amended  by  section  4 of part E of chapter 494 of the laws of 2009, is
    16  amended to read as follows:
    17    1. The agency may purchase, and contract to purchase, municipal  bonds
    18  from  municipalities at such price or prices, upon such terms and condi-
    19  tions and in such manner, not inconsistent with the  provisions  of  the
    20  local  finance law, as the agency shall deem advisable; provided, howev-
    21  er, that the average interest rate payable on all municipal bonds (taken
    22  as a group) purchased with the proceeds of an issue of bonds shall equal
    23  or exceed the interest rate on such issue of bonds. The agency shall not
    24  purchase the municipal bonds of any municipality if  (i)  the  aggregate
    25  principal amount thereof, together with the aggregate principal balances
    26  of the municipal bonds of such municipality then outstanding and held by
    27  the agency, exceed an amount equal to ten percent of the aggregate prin-
    28  cipal amount of the statutory authorization at the time for the issuance
    29  of  bonds  and notes, as provided in section twenty-four hundred thirty-
    30  eight of this title, and (ii) the  aggregate  principal  amount  thereof
    31  exceeds  an  amount  equal  to  fifty percent of the aggregate principal
    32  amount of all municipal bonds proposed to be so purchased at  the  time;
    33  provided,  however,  that  this  sentence  shall not apply to local ARRA
    34  bonds or local public safety communications bonds.
    35    § 5. The public authorities law is amended by  adding  a  new  section
    36  2436-c to read as follows:
    37    § 2436-c. Local public safety communications bonds. (1) The agency may
    38  purchase  local public safety communications bonds using the proceeds of
    39  public safety communication bonds, subject to  the  provisions  of  this
    40  section and to any other provision of law applicable to the municipality
    41  and  bonds  it  issues,  including any debt limitation applicable to the
    42  municipality that issued the local public safety communications bond, as
    43  well as to the other provisions of this title. To the  extent  that  any
    44  such  other provision of law conflicts with a provision of this section,
    45  the provision of this section shall control, except as otherwise stated.
    46    (2) Local public safety communications bonds  shall  be  payable  from
    47  funds  provided  by  a  municipality  for payment thereof as well as any
    48  monies available from special public safety communications agreements.
    49    (3)  The  agency's  public  safety  communications  bonds  secured  by
    50  payments  of  principal  and  interest  due with respect to local public
    51  safety communications bonds shall not be a debt of either the  state  or
    52  any  municipality,  and  neither the state nor any municipality shall be
    53  liable thereon, nor shall they be payable out of any  funds  other  than
    54  those  of  the agency; and such local public safety communications bonds
    55  shall contain on the face thereof a statement to such effect.

        S. 6606--B                         126                        A. 9706--C
 
     1    (4) Subject to the provisions of any contract with holders  of  bonds,
     2  notes  or  other  obligations,  proceeds of public safety communications
     3  bonds to be paid to a municipality to purchase its local  public  safety
     4  communications  bonds shall be paid to the municipality and shall not be
     5  commingled with any other money of the agency.
     6    (5)  Nothing  contained  in  this title shall be construed to create a
     7  debt of the state within the meaning of any constitutional or  statutory
     8  provisions.
     9    (6)  (a)  A  municipality may covenant and agree that the municipality
    10  will not limit, alter or impair the rights hereby vested in  the  agency
    11  to fulfill the terms of any agreements made with holders of the agency's
    12  public  safety  communications bonds, the proceeds of which were used to
    13  purchase the municipality's local public safety communications bonds, or
    14  in any way impair the rights and remedies of such holders or the securi-
    15  ty for such bonds, until such bonds, together with the interest  thereon
    16  and  all  costs and expenses in connection with any action or proceeding
    17  by or on behalf of such holders, are fully paid and discharged.
    18    (b) Any such agreement with a municipality may be pledged by the agen-
    19  cy to secure its public safety communications  bonds  used  to  purchase
    20  local public safety communications bonds issued by that municipality and
    21  may  not  be  modified thereafter except as provided by the terms of the
    22  pledge or subsequent agreements with the holders of such  public  safety
    23  communications bonds.
    24    §  6.  Subdivision 5 of section 2437 of the public authorities law, as
    25  amended by section 6 of part E of chapter 494 of the laws  of  2009,  is
    26  amended to read as follows:
    27    (5) Any bonds or notes of the agency other than special program bonds,
    28  special school purpose bonds, special school deficit program bonds [or],
    29  recovery  act  bonds or public safety communications bonds shall be sold
    30  at public sale and from time to time upon such terms and at such  prices
    31  as may be determined by the agency, and the agency may pay all expenses,
    32  premiums  and commissions which it may deem necessary or advantageous in
    33  connection with the issuance  and  sale  thereof.  Any  special  program
    34  bonds,  special  school  purpose  bonds,  special school deficit program
    35  bonds [or], recovery act bonds or  public  safety  communications  bonds
    36  shall  be sold at public or private sale and from time to time upon such
    37  terms and at such prices as may be determined by  the  agency,  and  the
    38  agency  may pay all expenses, premiums and commissions which it may deem
    39  necessary or advantageous in connection with the issuance and sale ther-
    40  eof provided, however, that special program bonds relating to a  special
    41  program  agreement entered for the purpose described in paragraph (b) of
    42  subdivision one of section twenty-four  hundred  thirty-five-a  of  this
    43  title  shall  be  sold on or before June thirtieth, two thousand one. No
    44  special program bonds, special  school  purpose  bonds,  special  school
    45  deficit  program bonds, or recovery act bonds, or public safety communi-
    46  cations bonds of the agency may be sold by the agency at  private  sale,
    47  however,  unless  such  sale and the terms thereof have been approved in
    48  writing by (a) the comptroller, where such sale  is  not  to  the  comp-
    49  troller,  or  (b)  the director of the budget, where such sale is to the
    50  comptroller.
    51    § 7. Subdivision 1 of section 2438 of the public authorities  law,  as
    52  amended  by  section  7 of part E of chapter 494 of the laws of 2009, is
    53  amended to read as follows:
    54    (1) The agency shall not issue bonds and notes in an aggregate princi-
    55  pal amount at any one time outstanding exceeding  one  billion  dollars,
    56  excluding  tax  lien  collateralized  securities, special school purpose

        S. 6606--B                         127                        A. 9706--C
 
     1  bonds, special school  deficit  program  bonds,  special  program  bonds
     2  issued to finance the reconstruction, rehabilitation or renovation of an
     3  educational  facility  pursuant  to the provisions of subdivision (b) of
     4  section sixteen of chapter six hundred five of the laws of two thousand,
     5  special  program  bonds  issued  to  finance  the  cost of a project for
     6  design, reconstruction or rehabilitation of a school  building  pursuant
     7  to  the  provisions  of section fourteen of the city of Syracuse and the
     8  board of education of the city school district of the city  of  Syracuse
     9  cooperative school reconstruction act, recovery act bonds, public safety
    10  communications  bonds  and  bonds and notes issued to refund outstanding
    11  bonds and notes.
    12    § 8. This act shall take effect immediately.
 
    13                                   PART O
 
    14    Section 1. Subdivision 5 of section 205 of the civil  service  law  is
    15  amended by adding a new paragraph (m) to read as follows:
    16    (m) To administer the provisions of article twenty of the labor law to
    17  the  extent provided for in such article, and to serve all the functions
    18  of the board as defined in section seven hundred one of the  labor  law,
    19  including  to  make, amend and rescind such rules and regulations as may
    20  be necessary to carry out the provisions of such article.
    21    § 2. Subdivisions 1, 2, 3 and 4 of section 205 of  the  civil  service
    22  law, subdivision 1 as amended by chapter 391 of the laws of 1969, subdi-
    23  vision  2  as added by chapter 392 of the laws of 1967, subdivision 3 as
    24  amended by chapter 307 of the laws of 1979 and subdivision 4 as  amended
    25  by chapter 503 of the laws of 1971, are amended to read as follows:
    26    1.  There  is  hereby  created  in  the  [state]  department [of civil
    27  service] a board, to be known as the public employment relations  board,
    28  which  shall  consist of three members appointed by the governor, by and
    29  with the advice and consent of the senate from persons representative of
    30  the public. Not more than two members of the board shall be  members  of
    31  the  same  political party. Each member shall be appointed for a term of
    32  six years, except that of the members  first  appointed,  one  shall  be
    33  appointed  for  a  term  to expire on May thirty-first, nineteen hundred
    34  sixty-nine, one for a term  to  expire  on  May  thirty-first,  nineteen
    35  hundred  seventy-one,  and one for a term to expire on May thirty-first,
    36  nineteen hundred seventy-three. The governor shall designate one  member
    37  who shall serve as [chairman] chairperson of the board until the expira-
    38  tion  of  his or her term. A member appointed to fill a vacancy shall be
    39  appointed for the unexpired term of the member whom  he  or  she  is  to
    40  succeed.
    41    2.  Members  of  the board shall hold no other public office or public
    42  employment in the state. The [chairman] chairperson shall  give  his  or
    43  her whole time to his or her duties.
    44    3.  Members  of the board other than the [chairman] chairperson shall,
    45  when performing the work of the board, be compensated at the rate of two
    46  hundred [and] fifty dollars per day,  together  with  an  allowance  for
    47  actual  and necessary expenses incurred in the discharge of their duties
    48  hereunder.  The [chairman] chairperson shall receive an annual salary to
    49  be fixed within the amount available therefor by appropriation, in addi-
    50  tion to an allowance for expenses actually and necessarily  incurred  by
    51  him or her in the performance of his or her duties.
    52    4.  (a) The chairperson of the board may appoint an executive director
    53  and such other persons, including but not limited to  attorneys,  media-
    54  tors,  members  of  fact-finding  boards and representatives of employee

        S. 6606--B                         128                        A. 9706--C
 
     1  organizations and public employers to serve  as  technical  advisers  to
     2  such fact-finding boards, as it may from time to time deem necessary for
     3  the  performance  of  its  functions,  prescribe their duties, fix their
     4  compensation  and provide for reimbursement of their expenses within the
     5  amounts made available therefor by  appropriation.  Attorneys  appointed
     6  under  this  section  may,  at  the  direction of the chairperson of the
     7  board, appear for and represent the board in any case in court.
     8    (b) No member of the board or its appointees pursuant to this subdivi-
     9  sion, including without limitation any mediator or fact-finder  employed
    10  or  retained by the board, shall, except as required by this article, be
    11  compelled to nor shall he or she voluntarily disclose to any administra-
    12  tive or judicial tribunal or at the legislative hearing,  held  pursuant
    13  to  subparagraph  (iii) of paragraph (e) of subdivision three of section
    14  two hundred nine of this article, any information relating to the resol-
    15  ution of a particular dispute in the course of  collective  negotiations
    16  acquired  in  the  course  of  his or her official activities under this
    17  article, nor shall any  reports,  minutes,  written  communications,  or
    18  other  documents  pertaining  to  such  information  and acquired in the
    19  course of his or her official activities under this article  be  subject
    20  to  subpoena or voluntarily disclosed; except that where the information
    21  so required indicates that the person  appearing  or  who  has  appeared
    22  before  the  board  has  been the victim of, or otherwise involved in, a
    23  crime, other than a criminal contempt in a case involving or growing out
    24  of a violation of this article,  said  members  of  the  board  and  its
    25  appointees may be required to testify fully in relation thereto upon any
    26  examination,  trial, or other proceeding in which the commission of such
    27  crime is the subject of inquiry.
    28    § 3. Subdivision 9 of section 701 of the  labor  law,  as  amended  by
    29  chapter 166 of the laws of 1991, is amended to read as follows:
    30    9.  The  term  "board"  means  the  public  employment relations board
    31  created by section [seven hundred two of this article] two hundred  five
    32  of the civil service law, in carrying out its functions under this arti-
    33  cle.
    34    §  4.  Section 702 of the labor law is REPEALED, and a new section 702
    35  is added to read as follows:
    36    § 702.  Special mediators. The board may, when necessary,  appoint  or
    37  designate  special  mediators  who shall have the authority and power of
    38  members of the board with regard to such  matter,  provided  that  their
    39  authority and power to act for the board shall cease upon the conclusion
    40  of the specific matter so assigned to them or by revocation by the board
    41  of  their appointment or designation. Such special mediators shall, when
    42  performing the work of the board as aforesaid, be compensated at a  rate
    43  to be determined by the board subject to the approval of the director of
    44  the budget, together with an allowance for actual and necessary expenses
    45  incurred in the discharge of their duties hereunder.
    46    § 5. Subdivisions 3 and 4 of section 707 of the labor law, subdivision
    47  3  as  amended  by  chapter 210 of the laws of 1942 and subdivision 4 as
    48  amended by chapter 676 of the laws of  1963,  are  amended  to  read  as
    49  follows:
    50    3.  The  jurisdiction  of the supreme court shall be exclusive and its
    51  judgment and decree shall be final, except that appeals shall lie to the
    52  appellate division of said court and to the court  of  appeals,  in  the
    53  manner  and  subject  to  the limitations provided in the civil practice
    54  [act] law and rules irrespective of the nature of the decree or judgment
    55  or the amount involved.

        S. 6606--B                         129                        A. 9706--C
 
     1    4. Any person aggrieved by a final order  of  the  board  granting  or
     2  denying  in  whole  or  in part the relief sought may obtain a review of
     3  such order in the supreme court of the county  where  the  unfair  labor
     4  practice in question was alleged to have been engaged in or wherein such
     5  person  resides  or transacts business by filing in such court a written
     6  petition praying that the order of the board be modified or  set  aside,
     7  or  if such court be on vacation or in recess, then to the supreme court
     8  of any county adjoining the county wherein the unfair labor practice  in
     9  question occurred or wherein any such person resides or [tranacts] tran-
    10  sacts  business.  A copy of such petition shall be forthwith served upon
    11  the board, and thereupon the aggrieved party shall file in the  court  a
    12  transcript  of  the  entire  record  in the proceeding, certified by the
    13  board, including the pleading and testimony and order of the board. Upon
    14  such filing, the court shall proceed in the same manner as in  the  case
    15  of  an  application  by the board under subdivision one of this section,
    16  and shall have the same exclusive jurisdiction to  grant  to  the  board
    17  such  temporary relief or restraining order as it deems just and proper,
    18  and in like manner to make and enter a decree enforcing,  modifying  and
    19  enforcing as so modified, or setting aside in whole or in part the order
    20  of  the  board;  and  the findings of the board as to the facts shall in
    21  like manner be conclusive.
    22    § 6. Subdivision 1 of section 708 of the labor law, as added by  chap-
    23  ter 443 of the laws of 1937, is amended to read as follows:
    24    1.  The board, or its duly authorized agents or agencies, shall at all
    25  reasonable times have access to, for the purposes  of  examination,  and
    26  the  right  to  examine,  copy  or  photograph  any  evidence, including
    27  payrolls or lists of employees, of  any  person  being  investigated  or
    28  proceeded  against  that relates to any matter under investigation or in
    29  question.   [Any member of the] The board  shall  have  power  to  issue
    30  subpoenas  requiring  the  attendance and testimony of witnesses and the
    31  production of any evidence that relates to  any  matter  under  investi-
    32  gation  or  in  question before the board, its member, agent, or agency,
    33  conducting the hearing or investigation. Any member of the board, or any
    34  agent or agency designated by the board for such purposes, may  adminis-
    35  ter oaths and affirmations, examine witnesses, and receive evidence.
    36    § 7. Section 710 of the labor law, as added by chapter 443 of the laws
    37  of 1937, is amended to read as follows:
    38    §  710.  Public  records  and  proceedings. Subject to rules and regu-
    39  lations to be made by the board  consistent  with  article  six  of  the
    40  public  officers law, the complaints, orders and testimony relating to a
    41  proceeding instituted by the board under section seven  hundred  six  of
    42  this  article  may  be  made  public  records  and be made available for
    43  inspection or copying. All proceedings pursuant to section seven hundred
    44  [and] six of this article shall be open to the public.
    45    § 8. Section 717 of the labor law, as added by chapter 166 of the laws
    46  of 1991, is amended to read as follows:
    47    § 717. State mediation board [and], state labor relations  board,  and
    48  state  employment  relations  board abolished. The state mediation board
    49  created by chapter five hundred  sixty-nine  of  the  laws  of  nineteen
    50  hundred  sixty-eight  [and],  the  New  York state labor relations board
    51  created by chapter four hundred forty-three  of  the  laws  of  nineteen
    52  hundred  thirty-seven,  and the state employment relations board created
    53  by chapter one hundred sixty-six of the laws of nineteen  hundred  nine-
    54  ty-one  are  hereby  abolished.  All the functions, powers and duties of
    55  such boards are hereby assigned to and shall hereafter be exercised  and
    56  performed by and through the board. Any controversy, proceeding or other

        S. 6606--B                         130                        A. 9706--C
 
     1  matter  pending  before  the New York state board of mediation [or], the
     2  state labor relations board or the state employment relations  board  at
     3  the  time  this  section takes effect, may be conducted and completed by
     4  the  board  and  for  such  purposes  the  board shall be deemed to be a
     5  continuation of the functions, powers and duties of the New  York  state
     6  board  of  mediation  [or], the state labor relations board or the state
     7  employment relations board, respectively, and not a new entity. Upon the
     8  transfer of functions to the board pursuant to this section, all  appro-
     9  priations  and  reappropriations  heretofore  or  hereafter  made to the
    10  department of labor relating to the state  board  of  mediation  or  the
    11  state labor relations board or segregated pursuant to law, to the extent
    12  of  remaining unexpended or unencumbered balances thereof, whether allo-
    13  cated or unallocated and whether obligated  or  unobligated  are  hereby
    14  made  available  for  use  and  expenditure  by  the  board for the same
    15  purposes for which originally appropriated or  reappropriated.  Whenever
    16  the  state  board of mediation or the state labor relations board or the
    17  chairman of the state board of mediation or of the state labor relations
    18  board or the state employment relations board is referred to  or  desig-
    19  nated  in  any general, special or local law or in any rule, regulation,
    20  contract or other document,  such  reference  or  designation  shall  be
    21  deemed to refer to the board and the chairman thereof, respectively.
    22    §  9.  Subdivisions (a) and (b) of section 12 of the executive law, as
    23  added by section 2 of part B of chapter 383 of the  laws  of  2001,  are
    24  amended to read as follows:
    25    (a)  Notwithstanding  any  other law, the state, through the governor,
    26  may execute a tribal-state compact with the  Seneca  Nation  of  Indians
    27  pursuant  to  the Indian Gaming Regulatory Act of 1988 (P.L. 100-497; 25
    28  U.S.C. [§§]§§ 2701-2721 and 18 U.S.C. [§§]§§ 1166-1168) consistent  with
    29  a  memorandum of understanding between the governor and the president of
    30  the Seneca Nation of Indians executed on June  twentieth,  two  thousand
    31  one  and  filed  with  the department of state on June twenty-first, two
    32  thousand one. Such tribal-state compact shall be deemed ratified by  the
    33  legislature upon the governor's certification to the temporary president
    34  of  the senate, the speaker of the assembly, and the secretary of state,
    35  that such compact, through its terms, by a memorandum  of  understanding
    36  or other agreement between the state and Nation, by a Nation's ordinance
    37  or  resolution,  by  statute, by executive order, or by the terms of any
    38  other agreement entered into by or on behalf of  the  Nation,  provides:
    39  (i) assurances that the Nation will provide (1) reasonable access to the
    40  gaming  and related facilities to labor union organizers for purposes of
    41  a campaign to solicit employee support for labor  union  representation;
    42  (2)  permission  for  labor  union  organizers to distribute labor union
    43  authorization cards on site  for  the  purpose  of  soliciting  employee
    44  support  for  labor  union  representation; and (3) recognition of labor
    45  unions as the exclusive collective bargaining representatives of employ-
    46  ees in appropriate bargaining units based upon a demonstration of major-
    47  ity employee support of such labor unions by  union  authorization  card
    48  check  as verified, if necessary, by an independent arbitrator appointed
    49  by the [State] Public Employment Relations Board  in  consultation  with
    50  the  Nation  and the labor union; (ii) assurances that the Nation has an
    51  adequate civil recovery system which guarantees fundamental due  process
    52  to visitors and guests of the facility and related facilities; and (iii)
    53  assurances  that the Nation will maintain during the term of the compact
    54  sufficient liability insurance to assure that visitors and  guests  will
    55  be compensated for their injuries.

        S. 6606--B                         131                        A. 9706--C
 
     1    (b)  Notwithstanding  any  other law, the state, through the governor,
     2  may execute tribal-state compacts pursuant to the Indian Gaming  Regula-
     3  tory Act of 1988 (P.L. 100-497; 25 U.S.C. [§§]§§ 2701-2721 and 18 U.S.C.
     4  [§§]§§ 1166-1168) authorizing up to three Class III gaming facilities in
     5  the  counties of Sullivan and Ulster. Such tribal-state compact shall be
     6  deemed ratified by the legislature upon the governor's certification  to
     7  the  temporary  president of the senate, the speaker of the assembly and
     8  the secretary of state, that such compact, through its terms, by a memo-
     9  randum of understanding or other agreement between the state and Nation,
    10  by a Nation's ordinance or resolution, by statute, by  executive  order,
    11  or  by  the terms of any other agreement entered into by or on behalf of
    12  the Nation, provides: (i) assurances that the Nation  will  provide  (1)
    13  reasonable  access  to  the gaming and related facilities to labor union
    14  organizers for purposes of a campaign to solicit  employee  support  for
    15  labor union representation; (2) permission for labor union organizers to
    16  distribute  labor  union  authorization cards on site for the purpose of
    17  soliciting  employee  support  for  labor  union   representation;   (3)
    18  provision  of  employees'  names  and addresses to labor union represen-
    19  tatives and tribal/employer/management neutrality in labor union  organ-
    20  izing  campaigns;  (4)  recognition  of  labor  unions  as the exclusive
    21  collective  bargaining  representatives  of  employees  in   appropriate
    22  bargaining units based upon a demonstration of majority employee support
    23  of  such  labor unions by union authorization card check as verified, if
    24  necessary, by an independent arbitrator appointed by the [State]  Public
    25  Employment Relations Board in consultation with the Nation and the labor
    26  union;  and (5) final and binding arbitration of organized labor matters
    27  or disputes including negotiations for collective bargaining  agreements
    28  with  arbitrators'  awards  enforceable  in  a state or federal court of
    29  competent jurisdiction; (ii) assurances that the Nation has an  adequate
    30  civil  recovery system which guarantees fundamental due process to visi-
    31  tors and guests of the facility and related facilities; and (iii) assur-
    32  ances that the Nation will maintain  during  the  term  of  the  compact
    33  sufficient  liability  insurance to assure that visitors and guests will
    34  be compensated for their injuries.
    35    § 10. Paragraphs (e) and (f) of subdivision 1 of section  169  of  the
    36  executive  law,  paragraph  (e) as amended by chapter 437 of the laws of
    37  1995 and paragraph (f) as amended by chapter 83 of the laws of 1995, are
    38  amended to read as follows:
    39    (e) chairman of state  athletic  commission,  chairman  and  executive
    40  director  of consumer protection board, member-chairman of crime victims
    41  board, chairman of human rights appeal board, chairman of the industrial
    42  board of appeals, [chairman of the employment relations board,] chairman
    43  of the state commission of correction, members of the board  of  parole,
    44  members of the state racing and wagering board, member-chairman of unem-
    45  ployment  insurance  appeal  board,  director  of veterans' affairs, and
    46  vice-chairman of the workers' compensation board;
    47    (f) executive director of adirondack park agency, commissioners of the
    48  state liquor authority, commissioners of the state civil service commis-
    49  sion, members of state commission of correction, [members of the employ-
    50  ment relations board,] members of crime victims board, members of  unem-
    51  ployment   insurance   appeal   board,   and  members  of  the  workers'
    52  compensation board.
    53    § 11. This act shall not revoke or rescind any regulations or opinions
    54  issued by the state employment relations board in effect upon the effec-
    55  tive date of this act, to the extent that such regulations  or  opinions
    56  are  not  inconsistent with any law of the state of New York. The public

        S. 6606--B                         132                        A. 9706--C

     1  employment relations board shall undertake a comprehensive review of all
     2  such regulations and opinions, which will  address  the  consistency  of
     3  such  regulations  and  opinions  among  each other and will propose any
     4  regulatory changes necessitated by such review.
     5    §  12.  This act shall take effect on the thirtieth day after it shall
     6  have become a law; provided, however, that  effective  immediately,  the
     7  chair  of  the  public  employment  relations board and the chair of the
     8  state employment relations board are  hereby  authorized  to  take  such
     9  actions as are necessary and proper to prepare for an orderly transition
    10  of the functions, powers and duties as herein provided.
 
    11                                   PART P
 
    12    Section 1. Section 163-c of the state finance law is REPEALED.
    13    § 2. This act shall take effect immediately.

    14                                   PART Q
 
    15    Section  1.  (a) For the purpose of this section, "insurance carrier,"
    16  and "workers' compensation rating board"  shall  have  the  meaning  set
    17  forth in section 2 of the workers' compensation law.
    18    (b)  For the purposes of this section, "excess assessment funds" shall
    19  mean any excess of the amount collected by an insurance carrier from its
    20  policy holders in accordance with a calculation provided by the workers'
    21  compensation rating board pursuant  to  subdivision  8  of  section  15,
    22  subdivision  3  of  section  25-a or section 151 of the workers' compen-
    23  sation law attributable to the period April 1, 2008, through  March  31,
    24  2009,  over  the amount paid to the workers' compensation board pursuant
    25  to subdivision 8 of section 15, subdivision 3 of section 25-a or section
    26  151 of the workers' compensation law attributable to the period April 1,
    27  2008, through March 31, 2009.  The board may issue guidelines  regarding
    28  the  construction of this section, provided such guidelines are consist-
    29  ent with this section and with part QQ of chapter  56  of  the  laws  of
    30  2009.
    31    (c)  Any  insurance  carrier or affiliated group of insurance carriers
    32  that has collected excess assessment funds shall pay over to  the  chair
    33  of  the  workers' compensation board, within sixty days of the effective
    34  date of this subdivision, the amount of such funds.  Such funds shall be
    35  credited to the workers' compensation  account.  Any  amounts  collected
    36  pursuant  to this section shall be transferred by the comptroller to the
    37  general fund, at the request of the director of the budget.
    38    § 2. This act shall take effect immediately.

    39                                   PART R
 
    40    Section 1. Subdivisions 2 and  3  of  section  50-a  of  the  workers'
    41  compensation  law,  as  added  by  chapter  139 of the laws of 2008, are
    42  amended to read as follows:
    43    2. At any time prior to April first, two thousand [nine]  eleven,  the
    44  chair  may withdraw funds from the uninsured employers fund provided for
    45  under section twenty-six-a of this chapter, up to  such  amount  as  the
    46  chair  determines  is  sufficient  to  fund  any  anticipated additional
    47  expenses of such fund, taking into account anticipated available  reven-
    48  ues,  but in no event to exceed [fifty-two] seventy-five million dollars
    49  in the aggregate. Such funds shall be deposited into the group  self-in-
    50  surer  offset  fund, and used in accordance with subdivision one of this

        S. 6606--B                         133                        A. 9706--C
 
     1  section. As consistent with this section, the chair may set  the  timing
     2  of such withdrawals in its discretion.
     3    3.  Beginning  on  January  first, two thousand [ten] twelve, and each
     4  year thereafter, the chair shall add to the total of each annual assess-
     5  ment made under paragraph g of subdivision five of section fifty of this
     6  article the sum of up to three  million  dollars,  to  be  allocated  to
     7  private group and individual self-insurers in accordance with such para-
     8  graph.  The  chair shall assess additional funds under this paragraph as
     9  necessary to insure that there are sufficient  funds  in  the  fund  for
    10  uninsured  employers to meet its liabilities, or if necessary in accord-
    11  ance with section one hundred fifty-one of this chapter. Such  funds  as
    12  are  collected  pursuant to this subdivision shall be deposited into the
    13  uninsured employer fund until all funds withdrawn therefrom under subdi-
    14  vision one of this section are returned with interest calculated  at  an
    15  annual  rate  equal to the rate of return on funds in the fund for unin-
    16  sured employers from the prior year.
    17    § 2. Section 1108 of the insurance law is  amended  by  adding  a  new
    18  subsection (j) to read as follows:
    19    (j)  Any  group  of  employers authorized by the workers' compensation
    20  board to provide workers' compensation benefits for the employees of all
    21  member employers pursuant to subdivision three-a of section fifty of the
    22  workers' compensation law.
    23    § 3. The second undesignated paragraph of subdivision 3 of section  50
    24  of the workers' compensation law, as amended by chapter 6 of the laws of
    25  2007, is amended to read as follows:
    26    If  for any reason the status of an employer under this subdivision is
    27  terminated, the securities or the surety bond, or the securities,  cash,
    28  or irrevocable letters of credit and surety bond, on deposit referred to
    29  herein  shall  remain  in  the  custody of the chair for [a period of at
    30  least twenty-six months. At  the  expiration  of]  such  time  [or  such
    31  further  time  period]  as the chair may deem proper and warranted under
    32  the circumstances[, and so designates, the chair may accept in]. In
    33   lieu thereof, [and for the additional purpose of] and at the discretion
    34  of the chair, the employer, his or her heirs or assigns or others carry-
    35  ing on or liquidating such business, may execute an assumption of  work-
    36  ers'  compensation  liability insurance policy securing such further and
    37  future contingent liability as may arise from prior injuries to  workers
    38  and  be  incurred  by  reason of any change in condition of such workers
    39  warranting the board making subsequent awards for payment of  additional
    40  compensation[,  a  policy  of  insurance  furnished by the employer, his
    41  heirs or assigns or others carrying on or  liquidating  such  business].
    42  Such  policy shall be in a form approved by the superintendent of insur-
    43  ance and issued by the state fund or any insurance company  licensed  to
    44  issue  this  class  of  insurance  in this state. In the event that such
    45  policy is issued by an insurance company other than the state fund, then
    46  said policy shall be deemed of the kind specified in  paragraph  fifteen
    47  of  subsection  (a)  of section one thousand one hundred thirteen of the
    48  insurance law and covered by the workers' compensation security fund  as
    49  created  and governed by article six-A of this chapter. It shall only be
    50  issued for a single complete premium payment in advance by the  employer
    51  and  in  an amount deemed acceptable by the chair and the superintendent
    52  of insurance. In  lieu  of  the  applicable  premium  charge  ordinarily
    53  required  to  be  imposed  by  a  carrier,  said premium shall include a
    54  surcharge in an amount to be determined by the chair to:    (i)  satisfy
    55  all  assessment  liability  due  and owing to the board and/or the chair
    56  under this chapter; and (ii) satisfy  all  future  assessment  liability

        S. 6606--B                         134                        A. 9706--C
 
     1  under  this section. Said surcharge shall be payable to the board simul-
     2  taneous to the execution of  the  assumption  of  workers'  compensation
     3  liability  insurance policy. However, the payment of said surcharge does
     4  not  relieve  the  carrier from any other liability, including liability
     5  owed to the superintendent of insurance pursuant  to  article  six-a  of
     6  this  chapter.  [It  shall be given in an amount to be determined by the
     7  chair and when] When issued such policy shall be non-cancellable without
     8  recourse for any cause during the continuance of the  liability  secured
     9  and so covered.
    10    §  4.  Paragraph  7  of  subdivision 3-a of section 50 of the workers'
    11  compensation law, as amended by chapter 139 of  the  laws  of  2008,  is
    12  amended to read as follows:
    13    (7)  (a)  If  for any reason, the status of a group self-insurer under
    14  this subdivision is terminated, the securities or  cash  or  the  surety
    15  bond  on  deposit  referred to herein shall remain in the custody of the
    16  chair for [a period of at least twenty-six months. At the expiration of]
    17  such time [or such further period] as the  chair  may  deem  proper  and
    18  warranted[,  he  or  she  may  accept in]. In lieu thereof, [and for the
    19  additional purpose of] and at the discretion of  the  chair,  the  group
    20  self-insurer,  its heirs or assigns or others carrying on or liquidating
    21  such group self-insurer, including the chair on the group self-insurer's
    22  behalf, may execute an assumption  of  workers'  compensation  liability
    23  insurance  policy  securing such further and future contingent liability
    24  as may arise from prior injuries to workers and be incurred by reason of
    25  any change in the condition of such workers warranting the board  making
    26  subsequent  awards  for payment of additional compensation[, a policy of
    27  insurance furnished by the group self-insurer, its successor or  assigns
    28  or  others  carrying  on  or  liquidating such group self-insurer]. Such
    29  policy shall be in a form approved by the  superintendent  of  insurance
    30  and  issued by the state fund or any insurance company licensed to issue
    31  this class of insurance in this state.  In the event that such policy is
    32  issued by an insurance company other than  the  state  fund,  then  said
    33  policy  shall  be  deemed  of the kind specified in paragraph fifteen of
    34  subsection (a) of section one  thousand  one  hundred  thirteen  of  the
    35  insurance  law and covered by the workers' compensation security fund as
    36  created and governed by article six-A of this chapter. It shall only  be
    37  issued  for  a  single  complete premium payment in advance by the group
    38  self-insurer and in an amount deemed acceptable by  the  chair  and  the
    39  superintendent  of  insurance.  In lieu of the applicable premium charge
    40  ordinarily required to be imposed  by  a  carrier,  said  premium  shall
    41  include  a  surcharge in an amount to be determined by the chair to: (i)
    42  satisfy all assessment liability due and owing to the board  and/or  the
    43  chair under this chapter; and (ii) satisfy all future assessment liabil-
    44  ity  under  this  section.  Said surcharge shall be payable to the board
    45  simultaneous to the execution of the assumption of workers' compensation
    46  liability insurance policy. However, the payment of said surcharge  does
    47  not  relieve  the  carrier from any other liability, including liability
    48  owed to the superintendent of insurance pursuant  to  article  six-A  of
    49  this  chapter.   [It shall be given in an amount to be determined by the
    50  chair and when] When issued such policy shall be noncancellable  without
    51  recourse  for  any cause during the continuance of the liability secured
    52  and so covered.
    53    (b) The chair shall levy an assessment on the members of  a  defaulted
    54  group  self-insurer within one hundred twenty days of such default or of
    55  the effective date of the chapter of the  laws  of  two  thousand  eight
    56  which  amended  this  subdivision,  whichever  is later, and against the

        S. 6606--B                         135                        A. 9706--C
 
     1  members of any other terminated group self-insurer when  necessary,  for
     2  such  an amount as he or she determines to be necessary to discharge all
     3  liabilities of the group self-insurer, including the reasonable cost  of
     4  liquidation  such as claims administration costs, actuarial and account-
     5  ing services, and the value of future assessments  on  members  of  such
     6  group self-insurer. The chair may impose subsequent deficit assessments,
     7  or  return  funds  to members, to adjust the moneys collected to reflect
     8  the time of participation, and percent of group self-insurer liabilities
     9  for such time. Notwithstanding any such action by the chair, each member
    10  of the group self-insurer shall remain jointly and severally responsible
    11  for all liabilities provided by this chapter including but  not  limited
    12  to   outstanding  and  estimated  future  liabilities  and  assessments.
    13  Further, separate and apart from, and in addition to  a  member's  joint
    14  and several liability and notwithstanding any payments made by any other
    15  members  of the group self-insurer pursuant to this subparagraph, in the
    16  event that a member neglects or fails to pay an assessment levied pursu-
    17  ant to this subparagraph, the member shall be deemed in default  in  the
    18  payment  of  compensation.  Such  defaulting  member  is  subject to the
    19  enforcement provisions of section twenty-six of  this  chapter  for  the
    20  payment  of  all compensation relative to awards due and owing on claims
    21  filed by the employees of such member that have neither been paid by the
    22  member or the  group  self-insurer.  Nothing  in  this  paragraph  shall
    23  prevent the chair from offering payment plans or settling claims against
    24  members of any group self-insurer as necessary to facilitate collection.
    25    (c) Upon the assumption of the assets and liabilities of a group self-
    26  insurer  by  the  chair or his or her designee pursuant to regulation of
    27  the chair, all records, documents and files of whatever nature, pertain-
    28  ing to the group self-insurer, be they in the possession  of  the  group
    29  self-insurer  or  a  third  party, and all remaining assets of the group
    30  self-insurer, shall become the property of the chair. All custodians  of
    31  such  records  and/or funds shall turn over to the chair or his designee
    32  all such original records upon demand.
    33    § 5. Subdivision 4 of section 50 of the workers' compensation  law  is
    34  amended by adding a new paragraph e to read as follows:
    35    e.  If  for  any  reason  the status of a county, city, village, town,
    36  school district, fire district or other political subdivision  of  state
    37  is  terminated,  at  the  discretion  of  the  chair,  the county, city,
    38  village, town, school district, fire district or other political  subdi-
    39  vision  of  state,  may  execute  an assumption of workers' compensation
    40  liability insurance policy securing such further and  future  contingent
    41  liability as may arise from prior injuries to workers and be incurred by
    42  reason  of  any  change  in the condition of such workers warranting the
    43  board making subsequent awards for payment of  additional  compensation.
    44  Such  policy shall be in a form approved by the superintendent of insur-
    45  ance and shall be issued by the state  fund  or  any  insurance  company
    46  licensed  to issue this class of policy in this state. In the event that
    47  such policy is issued by an insurance company other than the state fund,
    48  then said policy shall be deemed to be insurance of the  kind  specified
    49  in  paragraph  fifteen  of  subsection  (a)  of section one thousand one
    50  hundred thirteen of the  insurance  law  and  covered  by  the  workers'
    51  compensation  security  fund as created and governed by article six-A of
    52  this chapter. It shall only be issued  for  a  single  complete  premium
    53  payment  in advance by the county, city, village, town, school district,
    54  fire district or other political subdivision of state and in  an  amount
    55  deemed  acceptable  by the chair and the superintendent of insurance. In
    56  lieu of the applicable premium charge ordinarily required to be  imposed

        S. 6606--B                         136                        A. 9706--C

     1  by  a carrier, said premium shall include a surcharge in an amount to be
     2  determined by the chair to satisfy  all  assessment  liability  due  and
     3  owing  to  the board and/or the chair under this chapter. Said surcharge
     4  shall  be  payable  to  the  board  simultaneous to the execution of the
     5  assumption of workers' compensation liability insurance policy. However,
     6  the payment of said surcharge does not  relieve  the  carrier  from  any
     7  other  liability,  including  liability  owed  to  the superintendent of
     8  insurance pursuant to article six-A of this chapter.  When  issued  such
     9  policy  shall  be  non-cancellable without recourse for any cause during
    10  the continuance of the liability secured and so covered.
    11    § 6. Section 73 of the workers' compensation law, as added by  chapter
    12  849 of the laws of 1955, is amended to read as follows:
    13    § 73. Abandonment of plan. The board of supervisors of a county may by
    14  local  law  provide  for  the abandonment of a plan, effective as of the
    15  close of the calendar year then in progress. Such plan,  however,  shall
    16  continue  to  operate  thereafter  until  all  liabilities  of  the plan
    17  incurred prior to such effective date shall have been satisfied and  all
    18  advances  to the county self-insurance fund shall have been repaid. Such
    19  local law shall provide a method for the distribution of any  assets  of
    20  the  plan  remaining after all such liabilities have been satisfied. The
    21  provisions of this section shall not apply to any plan abandoned  pursu-
    22  ant  to  section  sixty-one  of this chapter.   At the discretion of the
    23  chair, the board of supervisors of a county may execute an assumption of
    24  workers' compensation liability insurance policy securing  such  further
    25  and  future  contingent  liability  as  may arise from prior injuries to
    26  workers and be incurred by reason of any change in the condition of such
    27  workers warranting the board making subsequent  awards  for  payment  of
    28  additional  compensation. Such policy shall be in a form approved by the
    29  superintendent of insurance and shall be issued by the state fund or any
    30  insurance company licensed to issue this  class  of  insurance  in  this
    31  state.  In  the event that such policy is issued by an insurance company
    32  other than the state fund, then said policy shall be deemed to be of the
    33  kind specified in paragraph fifteen of subsection  (a)  of  section  one
    34  thousand  one  hundred  thirteen of the insurance law and covered by the
    35  workers' compensation security fund as created and governed  by  article
    36  six-A  of  this  chapter.  It shall only be issued for a single complete
    37  premium payment in advance by the county, city,  village,  town,  school
    38  district,  fire  district or other political subdivision of state and in
    39  an amount deemed acceptable by  the  chair  and  the  superintendent  of
    40  insurance.  In lieu of the applicable premium charge ordinarily required
    41  to be imposed by a carrier, said premium shall include a surcharge in an
    42  amount to be determined by the chair to satisfy all assessment liability
    43  due and owing to the board and/or the chair  under  this  chapter.  Said
    44  surcharge shall be payable to the board simultaneous to the execution of
    45  the  assumption  of  workers'  compensation  liability insurance policy.
    46  However, the payment of said surcharge does not relieve the carrier from
    47  any other liability, including liability owed to the  superintendent  of
    48  insurance  pursuant  to  article six-A of this chapter. When issued such
    49  policy shall be non-cancellable without recourse for  any  cause  during
    50  the continuance of the liability secured and so covered.
    51    §  7. The eighth undesignated paragraph of section 106 of the workers'
    52  compensation law, as amended by chapter 598 of  the  laws  of  2000,  is
    53  amended to read as follows:
    54    "Carrier"  means a stock or mutual corporation or a reciprocal insurer
    55  or a nonprofit property/casualty insurance company, if such  corporation
    56  or  insurer  is  authorized to transact the business of workers' compen-

        S. 6606--B                         137                        A. 9706--C
 
     1  sation insurance in this state, including but not limited to  the  issu-
     2  ance of an assumption of workers' compensation liability insurance poli-
     3  cy,  but  not  including  any  such  corporation  or  insurer  which  is
     4  insolvent.
     5    § 8. This act shall take effect immediately.
 
     6                                   PART S
 
     7    Section  1.  The  division of the budget and office of the state comp-
     8  troller may dedicate such officers and employees as may be needed  to  a
     9  joint  project,  which  shall  be  known  as  the state financial system
    10  project, and which shall be responsible for the development, implementa-
    11  tion and maintenance of a single, statewide financial management  system
    12  for  use  by the state comptroller and all agencies. The division of the
    13  budget and the office of the state comptroller shall  serve  jointly  as
    14  the  appointing  authority  for all titles within the project, and shall
    15  jointly appoint a project manager therefor. For purposes of  appointment
    16  and  promotion  under  the civil service law, the state financial system
    17  project shall be treated as if it were a single department.
    18    § 2. This act shall take effect immediately.
 
    19                                   PART T
 
    20    Section 1. The section heading and subdivision 1 of section 160 of the
    21  civil service law, as amended by chapter 329 of the laws  of  1960,  are
    22  amended to read as follows:
    23    Regulations  governing  the  health [insurance] benefit plan; advisory
    24  committee.  1. The president, subject to the provisions of this article,
    25  is hereby empowered to establish regulations relating to:
    26    (1) the eligibility of (a) active and (b) retired employees to partic-
    27  ipate in the health [insurance] benefit plan authorized by this article,
    28    (2) the terms and conditions of the insurance and/or plan  administra-
    29  tor  contract  or  contracts, as applied to (a) active employees and (b)
    30  retired employees, and
    31    (3) the purchase of such insurance and/or plan administrator  contract
    32  or  contracts  and the administration of such health [insurance] benefit
    33  plan.
    34    The president shall adopt such further regulations as may be  required
    35  for the effective administration of this article, including the right to
    36  require  advance  payments  of  any portion of the amount required to be
    37  paid by any participating employer as its share in connection  with  the
    38  operation of the health [insurance] benefit plan hereunder.
    39    §  2. Subdivisions 1 and 3 of section 161 of the civil service law, as
    40  amended by chapter 329 of the laws of  1960,  are  amended  to  read  as
    41  follows:
    42    1.  The  president  is  hereby  authorized and directed to establish a
    43  health [insurance] benefit plan for state  officers  and  employees  and
    44  their  dependents  and  officers  and employees of the state colleges of
    45  agriculture, home economics, industrial labor relations  and  veterinary
    46  medicine,  the  state agricultural experiment station at Geneva, and any
    47  other institution or agency under the management and control of  Cornell
    48  university  as  the representative of the board of trustees of the state
    49  university of New York, and the state  college  of  ceramics  under  the
    50  management and control of Alfred university as the representative of the
    51  board  of  trustees of the state university of New York and their depen-
    52  dents which, subject to the conditions and limitations contained in this

        S. 6606--B                         138                        A. 9706--C
 
     1  article, and in the regulations of the president, will provide for group
     2  hospitalization, surgical and medical insurance  against  the  financial
     3  costs  of  hospitalization, surgery, medical treatment and care, and may
     4  include,  among  other  things  prescribed  drugs, medicines, prosthetic
     5  appliances, hospital in-patient and  out-patient  service  benefits  and
     6  medical expense indemnity benefits.
     7    3. The health [insurance] benefit plan shall be designed by the presi-
     8  dent  (1)  to  provide  a  reasonable relationship between the hospital,
     9  surgical and medical benefits to be included, and the expected  distrib-
    10  ution  of  expenses  of  each  such  type  to be incurred by the covered
    11  employees and dependents, and (2) to include reasonable controls,  which
    12  may  include deductible and coinsurance provisions applicable to some or
    13  all of the benefits, to reduce unnecessary utilization  of  the  various
    14  hospital,  surgical  and  medical services to be provided and to provide
    15  reasonable assurance of stability in future years of the plan,  and  (3)
    16  to  provide  benefits on a non-discriminatory basis to the extent possi-
    17  ble, to active members throughout the state, wherever located.
    18    § 3. The section heading and subdivisions 1 and 2 of  section  162  of
    19  the  civil service law, the section heading and subdivision 2 as amended
    20  by chapter 329 of the laws of 1960 and subdivision 1 as amended by chap-
    21  ter 805 of the laws of 1984, are amended to read as follows:
    22    Contract for health [insurance] benefits.  1. The president is  hereby
    23  authorized  and  directed to purchase a contract or contracts to provide
    24  the benefits under the plan of health  [insurance]  benefits  determined
    25  upon in accordance with the provisions of this article. Such contract or
    26  contracts  shall  be purchased from one or more corporations licensed to
    27  transact accident and health insurance business in this state or subject
    28  to article forty-three of the insurance law.
    29    (a) Alternatively, the president may provide health benefits  directly
    30  to  plan  participants, in which case the president is hereby authorized
    31  to purchase a contract or contracts with one or more firms qualified  to
    32  administer,  on New York state health benefit plan's behalf, the plan of
    33  benefits required under this article.
    34    (b) In the event the  president  elects  to  provide  health  benefits
    35  directly  to  plan participants in accordance with paragraph (a) of this
    36  subdivision:
    37    (i) Any and all health insurance coverage mandated by any law, rule or
    38  regulation, including but not limited to coverage mandated  pursuant  to
    39  article  forty-three  of  the insurance law, applicable to contracts for
    40  health insurance entered into under this section shall be provided in  a
    41  manner  assuring  uninterrupted  continuance of coverage for all covered
    42  persons. For the purposes of this paragraph "coverage" shall include but
    43  shall not be limited to all benefits, services, rights,  privileges  and
    44  guarantees allowed by law;
    45    (ii)  Plan  participants  shall  be afforded all internal and external
    46  review and appeal rights as  described  in  article  forty-nine  of  the
    47  insurance law;
    48    (iii)  A  plan  participant  receiving  covered services rendered by a
    49  health care provider prior to the date upon which the  president  elects
    50  to  provide  health benefits directly to plan participants in accordance
    51  with paragraph (a) of this subdivision shall be  permitted  to  continue
    52  receiving  services  from  such health care provider after the effective
    53  date of the  election  at  the  discretion  of  such  plan  participant.
    54  Services  provided by such health care provider after the effective date
    55  of the election as described in this paragraph shall  be  covered  in  a

        S. 6606--B                         139                        A. 9706--C
 
     1  manner  consistent  with  covered  services  provided  directly  to plan
     2  participants in accordance with paragraph (a) of this subdivision; and
     3    (iv)  Notwithstanding  the  provisions of this subdivision, the presi-
     4  dent's election to provide health benefits directly to plan participants
     5  shall not constitute the doing of insurance business within the  meaning
     6  of  article eleven of the insurance law; provided however, the provision
     7  of direct benefits as per this subdivision shall be subject to review by
     8  the superintendent of insurance for the purposes of ensuring  compliance
     9  with applicable insurance law and any and all associated insurance rules
    10  and regulations as noted in this subdivision.
    11    (c)  All  of  the  benefits  to  be provided under this article may be
    12  included in one or more similar contracts, or the benefits may be  clas-
    13  sified  into  different  types with each type included under one or more
    14  similar contracts issued by the same or different companies.
    15    2. A reasonable time before entering into any  insurance  contract  or
    16  contract  with  an administrator or administrators hereunder, the presi-
    17  dent shall invite proposals from such qualified insurers or  administra-
    18  tors  as  in  his  or her opinion would desire to accept any part of the
    19  insurance coverage or administrative services authorized by  this  arti-
    20  cle.
    21    § 4. Subdivisions 1, 2, 5, 7 and 8 of section 163 of the civil service
    22  law, subdivisions 1 and 5 as amended by chapter 329 of the laws of 1960,
    23  subdivision  2 as amended by chapter 71 of the laws of 2010, subdivision
    24  7 as amended by chapter 198 of the laws of 1966  and  subdivision  8  as
    25  added  by  chapter  394  of  the  laws  of  1984, are amended to read as
    26  follows:
    27    1. All persons in the service of the state, whether elected, appointed
    28  or employed, who elect to participate in such health [insurance] benefit
    29  plan shall be eligible to participate therein, provided,  however,  that
    30  the president may adopt such regulations as he or she may deem appropri-
    31  ate excluding temporary, part time or intermittent employment.
    32    2.  The  contract  or  contracts  shall provide for health [insurance]
    33  benefits for retired employees of the state and of the state colleges of
    34  agriculture, home economics, industrial labor relations  and  veterinary
    35  medicine,  the  state agricultural experiment station at Geneva, and any
    36  other institution or agency under the management and control of  Cornell
    37  university  as  the representative of the board of trustees of the state
    38  university of New York, and the state  college  of  ceramics  under  the
    39  management and control of Alfred university as the representative of the
    40  board of trustees of the state university of New York, and their spouses
    41  and  dependent  children as defined by the regulations of the president,
    42  on such terms as the president may deem appropriate, and  the  president
    43  may  authorize  the  inclusion  in the plan of the employees and retired
    44  employees of public authorities,  public  benefit  corporations,  school
    45  districts,  special  districts,  district corporations, municipal corpo-
    46  rations excluding active  employees  and  retired  employees  of  cities
    47  having  a  population  of  one million or more inhabitants whose compen-
    48  sation is or was before retirement paid out of  the  city  treasury,  or
    49  other  appropriate  agencies, subdivisions or quasi-public organizations
    50  of the state, including active members of volunteer fire  and  volunteer
    51  ambulance  companies serving one or more municipal corporations pursuant
    52  to subdivision seven of section ninety-two-a of  the  general  municipal
    53  law,  and  their  spouses and dependent children as defined by the regu-
    54  lations of the president. Any  such  corporation,  district,  agency  or
    55  organization  electing  to  participate in the plan shall be required to
    56  pay its proportionate share of the expenses  of  administration  of  the

        S. 6606--B                         140                        A. 9706--C
 
     1  plan  in  such  amounts and at such times as determined and fixed by the
     2  president. All amounts payable for such expenses of administration shall
     3  be paid to the commissioner of taxation and finance and shall be applied
     4  to  the  reimbursement  of  funds previously advanced for such purposes.
     5  Neither the state nor any other participant in the plan shall be charged
     6  with the particular experience attributable  to  the  employees  of  the
     7  participant,  and  all  dividends  or  retroactive rate credits shall be
     8  distributed pro-rata based upon the number of employees of such  partic-
     9  ipant covered by the plan.
    10    5.  The  chief fiscal officer of any such participating employer shall
    11  be authorized to deduct from the wages or salary paid to  its  employees
    12  who  are  participants  in such health [insurance] benefit plan the sums
    13  required to be paid by them under such  plan.  Each  such  participating
    14  employer  is  authorized  to appropriate such sums as are required to be
    15  paid by it as its share in connection with the operation of such plan.
    16    7. For purposes of eligibility for participation in the health [insur-
    17  ance] benefit plan no person shall be deemed to be a  state  officer  or
    18  employee  or  to  be  in  the  service of the state unless his salary or
    19  compensation is paid directly by the  state,  and  no  person  shall  be
    20  deemed to be a retired officer or employee of the state unless his sala-
    21  ry or compensation immediately preceding his retirement was paid direct-
    22  ly  by  the  state;  provided,  however,  that  all  active  and retired
    23  justices, judges, officers and employees of the  supreme  court,  surro-
    24  gate's court, county court, family court, civil court of the city of New
    25  York,  criminal  court of the city of New York and district court in any
    26  county, officers and employees of the office of probation for the courts
    27  of New York city shall be  eligible  for  participation  in  the  health
    28  [insurance]  benefit  plan  whether  or  not  their salaries are paid or
    29  before retirement were paid directly by the state.
    30    8. Notwithstanding any other law, rule or regulation to the  contrary,
    31  where the state and an employee organization representing state officers
    32  and employees who are in positions which are in the collective negotiat-
    33  ing  unit established by chapter four hundred three of the laws of nine-
    34  teen hundred eighty-three enter into a collectively negotiated agreement
    35  pursuant to article fourteen of this chapter providing that officers and
    36  employees who hold positions in such unit on or after April first, nine-
    37  teen hundred eighty-four and who immediately upon termination from  such
    38  position  are  eligible  to receive a retirement benefit from either the
    39  New York state or New York city retirement systems shall continue to  be
    40  eligible  to  participate  in  the  employee benefit fund established by
    41  section two hundred six-a of the state finance law,  such  officers  and
    42  employees  upon  retirement shall continue to participate in and receive
    43  the benefits of such fund as provided in  such  collectively  negotiated
    44  agreement  and  shall  not  be eligible to receive and shall not receive
    45  from the statewide health [insurance] benefit plan established  pursuant
    46  to  this  article coverage for benefits covered by such employee benefit
    47  fund.
    48    § 4-a. Section 163-a of the civil service law, as added by chapter 302
    49  of the laws of 1985, is amended to read as follows:
    50    § 163-a. [Health insurance adjustment] Supplementary plan. 1. For  the
    51  purposes  of  this  section,  the term "supplementary plan" shall mean a
    52  health [insurance] benefit plan which  provides  an  adjustment  to  the
    53  deductible  or co-insurance liability or to the benefits provided by the
    54  statewide health [insurance] benefit plan purchased pursuant to  section
    55  one hundred sixty-two of this article.

        S. 6606--B                         141                        A. 9706--C
 
     1    2.  The  president  may require the insurer of a supplementary plan to
     2  the statewide health [insurance] benefit plan, provided as a result of a
     3  collectively negotiated agreement pursuant to article fourteen  of  this
     4  chapter,  to  make  a comparable supplementary plan available to partic-
     5  ipating  employers as of the implementation date of the state employees'
     6  supplementary plan.  The comparable supplementary plan shall be  experi-
     7  ence  rated  as  to  those participating employers electing it, with the
     8  costs thereof allocated equitably among them.
     9    3. Every participating employer which, on or before July first,  nine-
    10  teen  hundred eighty-five, entered into a collectively negotiated agree-
    11  ment pursuant to article fourteen of this chapter with  employee  organ-
    12  izations  representing  its  employees  to  provide the statewide health
    13  [insurance] benefit plan shall  provide  such  comparable  supplementary
    14  plan  on  the  date established by the president until the expiration of
    15  such negotiated agreement.
    16    § 5. Section 165 of the civil service law, as amended by  chapter  810
    17  of the laws of 1964, subdivision 2 as amended by chapter 608 of the laws
    18  of 1977, is amended to read as follows:
    19    § 165. Termination  of  active employment.   1. The health [insurance]
    20  benefit coverage of any employee and his  or  her  dependents,  if  any,
    21  shall  cease  upon  the  discontinuance  of his or her term of office or
    22  employment, subject to regulations which may be prescribed by the presi-
    23  dent for extension of coverage  and  for  conversion  to  an  individual
    24  contract  providing for such of the benefits provided under this article
    25  as may be provided under such individual contracts, under terms approved
    26  by the president, the total cost of any such contract to be borne by the
    27  employee.
    28    2. In the event of death of an employee having coverage at the time of
    29  death for himself or herself and his or her dependents,  and  where  the
    30  circumstances of death are such that beneficiaries or dependents of such
    31  deceased employee are entitled to an accidental death benefit payable by
    32  a retirement system or pension plan administered by the state or a civil
    33  division  thereof  on  account  of  death  resulting  from  an  accident
    34  sustained in the performance of his or her duties or to  death  benefits
    35  provided  for under the [workmen's] workers' compensation law, the unre-
    36  married spouse of such employee covered at the time of his or her  death
    37  and  his  or her covered dependents, for so long as they would otherwise
    38  qualify as dependents eligible for coverage under the regulations of the
    39  president, shall be eligible to continue full coverage under the  health
    40  [insurance]  benefit  plan  upon  payment at intervals determined by the
    41  president of the full cost of such coverage; provided, however, that the
    42  state shall pay and any participating employer may elect to pay the full
    43  cost of such coverage, except that in the case of those enrolled  in  an
    44  optional  benefit  plan, the employer shall contribute not more than the
    45  same dollar amount which would be paid if such  unremarried  spouse  and
    46  dependents were enrolled in the basic statewide health [insurance] bene-
    47  fit  plan. The president shall adopt such regulations as may be required
    48  to carry out the provisions of this subdivision which shall include, but
    49  need not be limited to, provisions for filing application for  continued
    50  coverage,  including reasonable time limits therefor, and provisions for
    51  continued coverage of spouse and dependents pending determination of  an
    52  application  for  accidental  death benefits from a retirement system or
    53  pension plan administered by the state or a civil  division  thereof  or
    54  pending  determination  of  a  claim for death benefits under the [work-
    55  men's] workers' compensation law.

        S. 6606--B                         142                        A. 9706--C
 
     1    § 6. Section 165-a of the civil service law, as amended by chapter 467
     2  of the laws of 1991, the closing paragraph as added by  chapter  105  of
     3  the laws of 2005, is amended to read as follows:
     4    § 165-a. Continuation  of  state  health [insurance] benefit plans for
     5  survivors of employees of the state and/or of a political subdivision or
     6  of a public authority. Notwithstanding any other provision of law to the
     7  contrary, the president shall permit  the  unremarried  spouse  and  the
     8  dependents,  otherwise  qualified  as  eligible for coverage under regu-
     9  lations of the president, of a person who was an employee of  the  state
    10  and/or  of  a political subdivision thereof or of a public authority for
    11  not less than ten years, provided however,  that  the  ten-year  service
    12  requirement shall not apply to such employees on active military duty in
    13  connection  with  the  Persian  Gulf conflict who die on or after August
    14  second, nineteen hundred ninety while in the Persian Gulf combat zone or
    15  while performing such military duties, who had been a participant in any
    16  of the state health [insurance] benefit plans,  to  continue  under  the
    17  coverage  which  such  deceased  employee  had  in effect at the time of
    18  death, upon the payment at intervals determined by the president of  the
    19  full  cost  of  such  coverage,  provided, however, that the unremarried
    20  spouse of an active employee of the State who died  on  or  after  April
    21  first  nineteen  hundred  seventy-five  and  before April first nineteen
    22  hundred seventy-nine who timely elected to continue dependent  coverage,
    23  or  such unremarried spouse who timely elected individual coverage shall
    24  continue to pay at intervals determined by the president one-quarter  of
    25  the  full  cost  of  dependent coverage and provided further, that, with
    26  regard to employees of the State, where and to the extent that an agree-
    27  ment pursuant to article fourteen of this chapter so provides, or  where
    28  the  director  of  employee  relations, with respect to employees of the
    29  State who are not included within a negotiating unit  so  recognized  or
    30  certified pursuant to article fourteen of this chapter whom the director
    31  of  employee  relations  determines  should be declared eligible for the
    32  continuation of health [insurance] benefit plans for  the  survivors  of
    33  such  employees  of  the  State,  the  president shall adopt regulations
    34  providing for the continuation of such  health  [insurance]  benefit  or
    35  benefits  by  the  unremarried spouse of an active employee of the State
    36  who died on or after  April  first  nineteen  hundred  seventy-nine  who
    37  elects  to  continue  dependent coverage, or such unremarried spouse who
    38  elects individual coverage, and upon such election shall pay  at  inter-
    39  vals determined by the president one-quarter of the full cost of depend-
    40  ent coverage and, provided further with respect to enrolled employees of
    41  a political subdivision or public authority in a negotiating unit recog-
    42  nized  or  certified pursuant to article fourteen of this chapter, where
    43  an agreement negotiated pursuant to said article so provides,  and  with
    44  respect  to  enrolled  employees  of  a  political subdivision or public
    45  authority not included within a negotiating unit so recognized or certi-
    46  fied, at the discretion of  the  appropriate  political  subdivision  or
    47  public  authority,  the  unremarried spouse of an active employee of the
    48  political subdivision or of the public authority who died  on  or  after
    49  April first nineteen hundred seventy-five, may elect to continue depend-
    50  ent  coverage  or  such unremarried spouse may elect individual coverage
    51  and upon such election shall pay at intervals determined by  the  presi-
    52  dent one-quarter of the full cost of dependent coverage.
    53    The president shall adopt such regulations as may be required to carry
    54  out the provisions of this subdivision which shall include, but need not
    55  be limited to, provisions for filing application for continued coverage.

        S. 6606--B                         143                        A. 9706--C
 
     1    Notwithstanding any law to the contrary, the survivors of any employee
     2  subject  to  this  section  shall  be entitled to the health [insurance]
     3  benefits granted pursuant to this section, provided that  such  employee
     4  died  while on active duty other than for training purposes, pursuant to
     5  Title  10 of the United States Code, with the armed forces of the United
     6  States, and such member died on such active duty on or after the  effec-
     7  tive  date of [the] chapter one hundred five of the laws of two thousand
     8  five [which added this paragraph] as a result of  injuries,  disease  or
     9  other medical condition sustained or contracted in such active duty with
    10  the armed forces of the United States.
    11    §  7. Paragraph (a) of subdivision 1 and subdivisions 2, 4, 5 and 6 of
    12  section 167 of the civil service law, paragraph (a) of subdivision 1  as
    13  amended  by chapter 582 of the laws of 1988, subdivision 2 as amended by
    14  chapter 534 of the laws of 1998, subdivision 4 as amended by chapter 407
    15  of the laws of 1970, subdivision 5 as amended by chapter 617 of the laws
    16  of 1967, and subdivision 6 as amended by section 2 of part C of  chapter
    17  56 of the laws of 2006, are amended to read as follows:
    18    (a)  The full cost of premium or subscription charges for the coverage
    19  of retired state employees who are enrolled in  the  statewide  and  the
    20  supplementary  health  [insurance] benefit plans established pursuant to
    21  this article and who retired prior to January  first,  nineteen  hundred
    22  eighty-three  shall  be  paid  by  the state. Nine-tenths of the cost of
    23  premium or subscription charges for the coverage of state employees  and
    24  retired  state  employees  retiring  on or after January first, nineteen
    25  hundred eighty-three who are enrolled in the statewide and supplementary
    26  health [insurance] benefit plans shall be paid by  the  state.    Three-
    27  quarters of the cost of premium or subscription charges for the coverage
    28  of  dependents of such state employees and retired state employees shall
    29  be paid by the state. Except as provided in paragraph (b) of this subdi-
    30  vision, the state shall contribute toward the  premium  or  subscription
    31  charges for the coverage of each state employee or retired state employ-
    32  ee who is enrolled in an optional benefit plan and for the dependents of
    33  such  state  employee  or  retired state employee the same dollar amount
    34  which would be paid by the state for the premium or subscription charges
    35  for the coverage of such state employee or retired  state  employee  and
    36  his  or  her  dependents if he or she were enrolled in the statewide and
    37  the supplementary health [insurance] benefit plans, but not in excess of
    38  the premium or subscription charges  for  the  coverage  of  such  state
    39  employee  or retired state employee and his or her dependents under such
    40  optional benefit plan. For purposes of this  subdivision,  employees  of
    41  the  state  colleges  of  agriculture,  home economics, industrial labor
    42  relations, and veterinary medicine, the  state  agricultural  experiment
    43  station at Geneva, and any other institution or agency under the manage-
    44  ment  and  control  of  Cornell  university as the representative of the
    45  board of trustees of the state university of New York, and employees  of
    46  the state college of ceramics under the management and control of Alfred
    47  university  as  the representative of the board of trustees of the state
    48  university of New York, shall be deemed  to  be  state  employees  whose
    49  salaries or compensation are paid directly by the state.
    50    2.  Each participating employer shall be required to pay not less than
    51  fifty percentum of the cost of premium or subscription charges  for  the
    52  coverage  of its employees and retired employees who are enrolled in the
    53  statewide only or the  statewide  and  comparable  supplementary  health
    54  [insurance]  benefit  plans  established  pursuant to this article. Such
    55  employer shall be required to pay not less than thirty-five percentum of
    56  the cost of premium or subscription charges for the coverage  of  depen-

        S. 6606--B                         144                        A. 9706--C
 
     1  dents  of  such  employees  and  retired  employees. Such employer shall
     2  contribute toward the premium or subscription charges for  the  coverage
     3  of  each  employee  or  retired  employee who is enrolled in an optional
     4  benefit plan and for the dependents of such employee or retired employee
     5  the  same  dollar  amount  which  would be paid by such employer for the
     6  premium or subscription charges for the coverage  of  such  employee  or
     7  retired employee and his or her dependents if he or she were enrolled in
     8  the  statewide health [insurance] benefit plan, but not in excess of the
     9  premium or subscription charges for the coverage  of  such  employee  or
    10  retired  employee  and his or her dependents under such optional benefit
    11  plan.  Such employer shall not be required to pay the cost of premium or
    12  subscription charges for the coverage of unpaid  elected  officials,  or
    13  unpaid  board  members  of  a  public  authority,  or  their dependents,
    14  provided, however that no unpaid board  member  of  a  public  authority
    15  shall  be eligible to participate in such [insurance] benefit plan until
    16  he or she has served in such position for at least six  months.  Subject
    17  to  such  regulations  as the president may prescribe, any participating
    18  employer may elect to pay higher rates of contribution for the  coverage
    19  of employees, retired employees and their dependents; provided, however,
    20  that if a participating employer elects to pay a higher or lower rate of
    21  contribution  for  its  retired  employees or their dependents, or both,
    22  than that paid by the state for its retired employees  or  their  depen-
    23  dents,  or both, amounts withheld from the retirement allowances of such
    24  retired employees for their share of premium or subscription charges, if
    25  any, shall, if the president so requires, be paid to such  participating
    26  employer which shall pay into the health insurance fund the full cost of
    27  premium or subscription charges for the coverage of such retired employ-
    28  ees  and  their  dependents.  Such  election  shall  be exercised by the
    29  adoption of a resolution by its governing body which, if required by law
    30  to be approved by  any  other  body  or  officer,  shall  have  been  so
    31  approved.
    32    4.  Upon  the  retirement,  on  or  after July first, nineteen hundred
    33  sixty-five, of a state employee whose salary  or  compensation  is  paid
    34  directly  by  the  state,  who  is subject to a plan established by law,
    35  rule, regulation, written order or written policy which provides for the
    36  regular earning and accumulation of sick leave, and who is  eligible  to
    37  continue  coverage  under  the  health  [insurance]  benefit  plan after
    38  retirement, the department [of civil service] shall determine, based  on
    39  the  employee's  age at the time of retirement, the actuarial equivalent
    40  in monthly installments  for  the  remaining  life  expectancy  of  such
    41  retired  employee, of the dollar value of the earned and accumulated but
    42  unused sick leave standing to his or her credit at the time  of  retire-
    43  ment,  without interest. Such dollar value shall be based on the employ-
    44  ee's salary at the time of retirement. In addition to  regular  employer
    45  contributions,  contributions in the amount of such monthly installments
    46  shall be paid from the state's appropriation  to  the  health  insurance
    47  fund  and applied towards the charges for health [insurance] benefits on
    48  account of such retired employee and  his  or  her  dependents,  to  the
    49  extent  necessary  to  pay  such  charges. The remaining amount, if any,
    50  necessary to pay such charges  shall  be  contributed  by  such  retired
    51  employee.  On or after October first, nineteen hundred seventy when such
    52  dollar value of such sick leave amounts to less than one hundred dollars
    53  for a particular retired employee, in lieu of contributions which  would
    54  otherwise  be  required  from such retired employee, additional contrib-
    55  utions shall be paid for the state's appropriation to the health  insur-
    56  ance  fund  and applied towards the charges for health [insurance] bene-

        S. 6606--B                         145                        A. 9706--C
 
     1  fits on account of such retired employee and his or her dependents until
     2  the sum of such additional contributions equals  such  dollar  value  of
     3  such  sick  leave.  The  remaining amount, if any, necessary to pay such
     4  charges  shall  be contributed by such retired employee. For purposes of
     5  this subdivision, employees of the state colleges of  agriculture,  home
     6  economics,  industrial  labor  relations,  and  veterinary medicine, the
     7  state agricultural experiment station at Geneva, and any other  institu-
     8  tion or agency under the management and control of Cornell university as
     9  the  representative  of the board of trustees of the state university of
    10  New York, and employees of the  state  college  of  ceramics  under  the
    11  management and control of Alfred university as the representative of the
    12  board  of  trustees of the state university of New York, shall be deemed
    13  to be state employees whose salaries or compensation is paid directly by
    14  the state.
    15    5. Subject to such regulations as the  president  may  prescribe,  any
    16  participating  employer  may  elect  to  make  additional  contributions
    17  towards charges for health [insurance] benefit coverage  on  account  of
    18  its retired employees and their dependents, based on the dollar value of
    19  their  sick leave accumulated but unused at the time of retirement. Such
    20  election shall apply to employees in the service  of  the  participating
    21  employer who retire on or after the effective date of such election, who
    22  are  subject  to  a  plan  established by law, rule, regulation, written
    23  order or written policy which provides for the regular earning and accu-
    24  mulation of sick leave, and who are eligible to continue coverage  under
    25  the  health [insurance] benefit plan after retirement. The participating
    26  employer shall certify to the department [of civil service]  the  dollar
    27  value  of  earned  and accumulated but unused sick leave standing to the
    28  credit of an employee at the time of his or her  retirement.  Additional
    29  contributions  shall  be paid by such participating employer and applied
    30  towards charges for  health  [insurance]  benefits  on  account  of  its
    31  retired employees and their dependents in the same manner as provided in
    32  subdivision four of this section with respect to retired state employees
    33  and their dependents.
    34    6.  There  is  hereby  created  a health insurance fund which shall be
    35  available without fiscal year limitation  for  premium  or  subscription
    36  charge  payments,  for  payment of health benefits to plan participants,
    37  and  for  administrative  services  under  any  contract  or   contracts
    38  purchased  in  accordance  with  this article. The amounts withheld from
    39  employees and retired employees under subdivision three of this section,
    40  all amounts appropriated by the state to such health insurance fund, and
    41  all amounts contributed by any participating employer pursuant to subdi-
    42  vision two of this section, shall be credited to such  health  insurance
    43  fund. The income derived from any dividends, premium rate adjustments or
    44  other  refunds under any such contract or contracts shall be credited to
    45  such fund and retained therein as a special reserve for adverse  fluctu-
    46  ation in future charges under any such contract or contracts. Any inter-
    47  est  earned  by  the  investment of moneys in such health insurance fund
    48  shall be added to such special reserve, become a part  of  such  special
    49  reserve, and be used for the purpose of such special reserve.
    50    §  8.  Section 167-a of the civil service law, as added by chapter 602
    51  of the laws of 1966, is amended to read as follows:
    52    § 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
    53  from the coverage of the health [insurance] benefit plan of supplementa-
    54  ry medical insurance benefits for which an active or retired employee or
    55  a  dependent  covered by the health [insurance] benefit plan is or would
    56  be eligible under the federal old-age, survivors and  disability  insur-

        S. 6606--B                         146                        A. 9706--C

     1  ance  program, an amount equal to the premium charge for such supplemen-
     2  tary medical insurance benefits for such active or retired employee  and
     3  his  or her dependents, if any, shall be paid monthly or at other inter-
     4  vals  to such active or retired employee from the health insurance fund.
     5  Where appropriate, such amount may be deducted from contributions  paya-
     6  ble  by  the  employee  or retired employee; or where appropriate in the
     7  case of a retired employee receiving a retirement allowance, such amount
     8  may be included with  payments  of  his  or  her  retirement  allowance.
     9  Employer contributions to the health insurance fund shall be adjusted as
    10  necessary to provide for such payments.
    11    §  9.  Section 168 of the civil service law, as amended by chapter 329
    12  of the laws of 1960, subdivisions 1 and 2 as amended by chapter  585  of
    13  the laws of 1968 and subdivision 3 as amended by chapter 198 of the laws
    14  of 1966, is amended to read as follows:
    15    § 168. Assessment  of certain costs.  1. If the salary or compensation
    16  of any officers and employees of the state is paid  from  a  special  or
    17  administrative  fund or funds, other than the state purposes fund or the
    18  local assistance fund of the general fund of the state  or  the  capital
    19  construction  fund  or  an  income  fund  of the state university or the
    20  mental hygiene services fund, such fund or funds shall be  charged,  and
    21  there  shall be paid therefrom as [hereinafter] provided in this section
    22  the employer's share of the premium for the coverage  of  such  officers
    23  and  employees under the health [insurance] benefit plan. If the amounts
    24  appropriated or allocable from such special or  administrative  fund  or
    25  funds  are  insufficient for such purpose, the director of the budget is
    26  hereby authorized to allocate such additional sums  from  such  fund  or
    27  funds  as may be necessary therefor; provided, however, that no transfer
    28  shall be made between two or more of such funds. Such amounts  shall  be
    29  paid,  at  such  times  as  shall  be  required by the president, to the
    30  commissioner of taxation and finance and shall be credited to the health
    31  insurance fund to pay, or reimburse the health insurance  fund  for  the
    32  payment  of,  the  employer's  share of the premium for coverage of such
    33  officers and employees under the health [insurance] benefit plan.
    34    2. If the salary or compensation of any officers and employees of  the
    35  state  is  payable from a special or administrative fund or funds, other
    36  than the state purposes fund or the local assistance fund of the general
    37  fund of the state or the capital construction fund or an income fund  of
    38  the  state  university  or  the  mental hygiene services fund, a propor-
    39  tionate share of the expenses of administration of  the  health  [insur-
    40  ance]  benefit plan, on account of coverage of such officers and employ-
    41  ees,  shall  be  payable  from  such  fund  or  funds.  If  the  amounts
    42  appropriated  or  allocable  from such special or administrative fund or
    43  funds are insufficient for such purpose, the director of the  budget  is
    44  hereby  authorized  to  allocate such additional sums from such funds or
    45  funds as may be necessary therefor; provided, however, that no  transfer
    46  shall be made between two or more of such funds. The proportionate share
    47  of the expenses of administration of the health [insurance] benefit plan
    48  chargeable pursuant to this subdivision to any special or administrative
    49  fund  shall  be determined by the president and shall be payable at such
    50  times as may be fixed by him or her.  Such sums shall be payable to  the
    51  commissioner  of  taxation  and  finance  and  shall  be  applied to the
    52  reimbursement of funds previously advanced for the expenses of  adminis-
    53  tration of the health [insurance] benefit plan.
    54    3. (a) If the salary or compensation of any justices, judges, officers
    55  and  employees  of  the  supreme court, surrogate's court, county court,
    56  family court, civil court of the city of New York, criminal court of the

        S. 6606--B                         147                        A. 9706--C
 
     1  city of New York and district court in any county, officers and  employ-
     2  ees  of  the  office of probation for the courts of New York city is not
     3  paid in whole or in part from the treasury of the  state,  but  is  paid
     4  directly  from  the  treasury  of  a civil division, such civil division
     5  shall be required to pay the employer's share of the premium charges for
     6  the coverage of such justices, judges, officers and employees under  the
     7  state health [insurance] benefit plan. The appropriate fiscal officer of
     8  such  civil  division shall deduct from the salary or wages paid to such
     9  justices, judges, officers and employees the sums required to be paid by
    10  them under such plan. Such deductions and the  corresponding  employer's
    11  share of premium charges shall be paid, at such times as required by the
    12  president,  to  the  commissioner  of  taxation and finance and shall be
    13  credited to the health insurance fund.
    14    (b) If the salary or compensation of  any  retired  justices,  judges,
    15  officers  and  employees of the supreme court, surrogate's court, county
    16  court, family court, civil court of the city of New York, criminal court
    17  of the city of New York and district court in any county,  officers  and
    18  employees  of  the  office  of probation for the courts of New York city
    19  prior to retirement was not paid in whole or in part from  the  treasury
    20  of  the  state  but was paid directly from the treasury of a civil divi-
    21  sion, such civil division shall be required to pay the employer's  share
    22  of  the premium charges for the coverage of such retired justices, judg-
    23  es, officers and employees under the state  health  [insurance]  benefit
    24  plan.  If  such  retired  justices,  judges,  officers and employees are
    25  receiving retirement allowances from a pension  or  retirement  plan  or
    26  system  administered  by such civil division, the amounts required to be
    27  paid by such retired justices, judges, officers and employees  as  their
    28  share  of premium charges shall be deducted from their retirement allow-
    29  ances. Such deductions and the employer's share of premium charges shall
    30  be paid, at such times as required by the president, to the commissioner
    31  of taxation and finance and shall be credited to  the  health  insurance
    32  fund.
    33    (c) Any civil division required by this subdivision to pay the employ-
    34  er's  share of the premium charges for the coverage of active or retired
    35  justices, judges, officers and employees of the  supreme  court,  surro-
    36  gate's court, county court, family court, civil court of the city of New
    37  York,  criminal  court of the city of New York and district court in any
    38  county, officers and employees of the office of probation for the courts
    39  of New York city shall also be assessed and required to  pay  a  propor-
    40  tionate  share  of  the expenses of administration of the health [insur-
    41  ance] benefit plan in such amounts and at such times  as  determined  by
    42  the  president.  Such sums shall be payable to the commissioner of taxa-
    43  tion and finance and shall be applied  to  the  reimbursement  of  funds
    44  previously  advanced  for  the  expenses of administration of the health
    45  [insurance] benefit plan.
    46    § 10. Subdivisions 1 and 3 of section 161-a of the civil service  law,
    47  subdivision 1 as amended by chapter 302 of the laws of 1985 and subdivi-
    48  sion  3 as added by chapter 307 of the laws of 1979, are amended to read
    49  as follows:
    50    1. Where, and to the extent that, an agreement between the  state  and
    51  an  employee  organization  entered into pursuant to article fourteen of
    52  this chapter provides for health [insurance]  benefits,  the  president,
    53  after  receipt  of  written  directions  from  the  director of employee
    54  relations, shall implement the provisions of such  agreement  consistent
    55  with  the  terms  thereof  and to the extent necessary shall adopt regu-
    56  lations providing for the benefits to be thereunder provided. The presi-

        S. 6606--B                         148                        A. 9706--C
 
     1  dent, with the approval of the director of the budget, may  extend  such
     2  benefits,  in  whole  or  in  part,  to  employees  not  subject  to the
     3  provisions of such agreement.
     4    3.  There  is hereby created a council on employee health insurance to
     5  supervise the administration of changes to the health [insurance]  bene-
     6  fit plan negotiated in collective negotiations and to provide continuing
     7  policy  direction  to  insurance  plans  administered  by  the state the
     8  provisions of any other law to the contrary notwithstanding. The council
     9  shall consist of the president [of the civil  service  commission],  the
    10  director  of  the  division  of the budget, and the director of employee
    11  relations.
    12    § 11. Paragraph (a) of subdivision  1  of  section  11  of  the  civil
    13  service  law,  as amended by chapter 299 of the laws of 1968, is amended
    14  to read as follows:
    15    (a) The term "expenses of administration"  means  the  total  cost  of
    16  administration  of the department [of civil service], excluding costs of
    17  providing services to municipalities and costs of administration of  the
    18  health [insurance] benefit plan, and excluding costs of special programs
    19  or  activities  of the department as may be determined by the president,
    20  subject to approval of the director of the budget, which  do  not  serve
    21  generally  all  state departments and agencies under the jurisdiction of
    22  the department;
    23    § 12. Section 158 of the civil service law, as added by  chapter  1047
    24  of  the laws of 1973, subdivision 1 as amended by section 4 of part C of
    25  chapter 56 of the laws of 2006, is amended to read as follows:
    26    § 158. Group term life insurance plan and group  accident  and  health
    27  [insurance] benefit plan. 1. The president, subject to the provisions of
    28  this  section, is hereby empowered to establish regulations relating to,
    29  and to enter into and administer contracts providing for, a  group  term
    30  life insurance plan, and a group accident and health [insurance] benefit
    31  plan  on behalf of legislators, employees of the legislature hired on an
    32  annual basis, judges and justices of the unified court system, and state
    33  employees and retired employees who, for the purposes of  article  four-
    34  teen  of  this chapter, have been for a period of time prescribed by the
    35  regulations and, except for such retirees, continue to be  in  positions
    36  designated  as  managerial  or confidential positions. The president may
    37  authorize the inclusion in  the  plan  of  such  employees  and  retired
    38  employees  of other governments or public employers as defined in subdi-
    39  vision [seven] six of section two hundred one of this chapter. The pres-
    40  ident may adopt whatever other regulations which  may  be  necessary  to
    41  fulfill  the intentions of this section. No regulation shall be adopted,
    42  repealed or amended, and no other action  taken  with  respect  to  such
    43  employees affecting the amount of, or eligibility for, benefits or rates
    44  of  contribution under this section without the approval of the director
    45  of employee relations.
    46    The full costs of any insurance program or programs established pursu-
    47  ant to this subdivision, excluding administrative costs, shall be  borne
    48  by  insureds and retirees. Any interest earned by the moneys in the life
    49  insurance fund shall be added to such fund, become a part of such  fund,
    50  be  used  for  the purpose of such fund, and be available without fiscal
    51  year limitation.
    52    2. The regulations of the president authorized by this  section  shall
    53  provide  that  the  entire  cost of premiums or subscription charges for
    54  coverage under the insurance plans established pursuant  to  such  regu-
    55  lations  shall  be  borne  by the employees electing such coverage. Such
    56  regulations  may  provide  for  the  allocation  of  any  administrative

        S. 6606--B                         149                        A. 9706--C
 
     1  expenses,  other than those of the insurer, among employers or employees
     2  or retired employees participating in such coverage.
     3    §  13. Subdivision 1 of section 174 of the civil service law, as added
     4  by chapter 585 of the laws of 1998, is amended to read as follows:
     5    1. All persons who, as of the effective date of this article,  are  or
     6  shall  become  eligible  to  participate in the state health [insurance]
     7  benefit plan established under article eleven of this chapter, shall  be
     8  eligible to participate in the long term care insurance plan established
     9  under  this  article.  The president shall adopt regulations prescribing
    10  the conditions under which an eligible individual may elect  to  partic-
    11  ipate in the long term care insurance plan.
    12    §  14.  The article heading of article 11 of the civil service law, as
    13  added by chapter 461 of the laws of 1956 and such article as  renumbered
    14  by chapter 790 of the laws of 1958, is amended to read as follows:
    15    HEALTH [INSURANCE] BENEFITS FOR STATE AND RETIRED STATE EMPLOYEES
    16    § 15. Subparagraph (i) of paragraph f of subdivision 2 of section 5 of
    17  the  state finance law, as added by section 1 of part E of chapter 56 of
    18  the laws of 2000, is amended to read as follows:
    19    (i) in the unclassified service of the state and, notwithstanding  any
    20  other  provision  of law to the contrary, shall be designated managerial
    21  and, as such, eligible for  benefits  provided  by  subdivision  two  of
    22  section  eleven  and  subdivision  (a) of section twelve of chapter four
    23  hundred sixty of the laws of nineteen hundred  eighty-two,  as  amended;
    24  section  one  hundred  fifty-eight of the civil service law; eligible to
    25  participate in the state deferred compensation plan, the New York  state
    26  and  local  employees' retirement system; the health [insurance] benefit
    27  plan for state employees; and subject to coverage under sections  seven-
    28  teen and eighteen of the public officers law, or
    29    §  16.  Subdivisions 1 and 3 of section 99-c of the state finance law,
    30  as added by chapter 55 of the laws of  1977,  are  amended  to  read  as
    31  follows:
    32    1. In the event a county, city, town, village or school district which
    33  has  elected  to  receive  distribution or distributions from the health
    34  insurance reserve receipts fund, pursuant to an agreement  between  such
    35  municipality  or  school district and the state and which has elected to
    36  terminate its contractual agreement for health [insurance] benefits with
    37  the New York state department of civil service, or if called upon by the
    38  New York state department of civil service, pursuant to such  agreement,
    39  to  return such distribution within the time period and under the condi-
    40  tions specified in such agreement, shall be in default of its obligation
    41  to repay such distribution, the allotment, apportionment, and payment of
    42  local assistance aid, education aid or other state  aid  as  appropriate
    43  and as determined by the comptroller shall be withheld by the state upon
    44  the following terms and conditions.
    45    3. Notwithstanding any inconsistent provisions of law, the comptroller
    46  shall  establish  a  fund,  to  be  called  the health insurance reserve
    47  receipts fund, to receive transfers of funds from the  health  insurance
    48  carriers  or  the  plan  administrator or administrators of the New York
    49  state employee health [insurance] benefit plan, pursuant to  contractual
    50  agreements  between  such  carriers and the New York state department of
    51  civil service and/or from the health insurance fund. Moneys returned  by
    52  the  municipalities  and  school districts or withheld from state aid by
    53  the comptroller pursuant to  provisions  governing  termination  of  the
    54  contractual  agreements  shall  be deposited in this fund. Disbursements
    55  from the health insurance  reserve  receipts  fund  shall  be  [for  the
    56  purpose  of  returning to participating governments and school districts

        S. 6606--B                         150                        A. 9706--C

     1  the appropriate share of moneys remitted by such health insurance carri-
     2  ers and/or] for the purpose of remitting to the carriers any moneys  due
     3  them  as a result of termination of the state's contract with the carri-
     4  ers  or  termination  of agreements between the state and municipalities
     5  and school districts and/or for the purpose of transferring funds to the
     6  health insurance fund. Disbursements from such fund shall be made pursu-
     7  ant to the procedures for authorization  of  expenditures  contained  in
     8  article  [XI]  eleven  of  the  civil service law upon the issuance of a
     9  certificate of approval of availability by the director  of  the  budget
    10  and subject to audit and warrant of the comptroller.
    11    §  17.  Subdivision  2  of  section  9.09 of the parks, recreation and
    12  historic preservation law is amended to read as follows:
    13    2. For the purposes of eligibility  for  participation  in  the  state
    14  health  [insurance]  benefit  plan  under  article  eleven  of the civil
    15  service law and for survivor's benefits for  active  and  retired  state
    16  employees  [as  provided  by  sections  one  hundred  fifty-four and one
    17  hundred fifty-five of the civil service law], employees of  the  commis-
    18  sion, to the extent to which the compensation paid for their services is
    19  derived  from  funds  appropriated  by this state, shall be deemed to be
    20  employees of this state and qualified for such participation  and  bene-
    21  fits.  For the purpose of determining their rights under the [workmen's]
    22  workers' compensation law of this state,  employees  of  the  commission
    23  employed  wholly or partly in this state shall be deemed to be employees
    24  of this state provided, however, that the amount  of  any  payment  made
    25  under  such  compensation  law to an employee of the commission employed
    26  only partly in this state shall be only in such proportion as the amount
    27  of his or her salary paid by the state of New York shall bear to his  or
    28  her total salary.
    29    §  18.  Subsection (b) of section 1101 of the insurance law is amended
    30  by adding a new subparagraph 6 to read as follows:
    31    (6) Notwithstanding the foregoing, the election by  the  president  of
    32  the  civil service commission to provide health benefits directly to New
    33  York state health benefit plan participants  shall  not  constitute  the
    34  doing  of insurance business within the meaning of article eleven of the
    35  insurance law.
    36    § 19. This act shall take effect immediately and shall  be  deemed  to
    37  have been in full force and effect on and after April 1, 2010.
 
    38                                   PART U
 
    39    Section 1. Section 167-a of the civil service law, as added by chapter
    40  602 of the laws of 1966, is amended to read as follows:
    41    § 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
    42  from the coverage of the health insurance plan of supplementary  medical
    43  insurance  benefits for which an active or retired employee or a depend-
    44  ent covered by the health insurance plan is or would be  eligible  under
    45  the  federal  old-age,  survivors  and  disability insurance program, an
    46  amount equal to the premium charge for such supplementary medical insur-
    47  ance benefits for such active or retired employee and his or her  depen-
    48  dents,  if  any,  shall  be  paid  monthly or at other intervals to such
    49  active or retired employee from the health insurance fund. Where  appro-
    50  priate,  such  amount  may be deducted from contributions payable by the
    51  employee or retired employee; or where appropriate  in  the  case  of  a
    52  retired  employee  receiving  a retirement allowance, such amount may be
    53  included with payments of his or her retirement allowance.    [Employer]
    54  All  state  employer,  employee, retired employee and dependent contrib-

        S. 6606--B                         151                        A. 9706--C

     1  utions to the health insurance fund shall be adjusted  as  necessary  to
     2  cover  the cost of reimbursing federal old-age, survivors and disability
     3  insurance program premium charges under this section.   This cost  shall
     4  be  included  in  the calculation of premium or subscription charges for
     5  health coverage provided to state employees and retired state employees;
     6  provided, however, the state shall remain obligated to pay no less  than
     7  its share of such increased cost consistent with its share of premium or
     8  subscription  charges  provided for by this article.  All other employer
     9  contributions to the health insurance fund shall be adjusted  as  neces-
    10  sary to provide for such payments.
    11    §  2.  This  act  shall take effect immediately and shall be deemed to
    12  have been in full force and effect on and after April 1, 2010.
 
    13                                   PART V
 
    14    Intentionally omitted.
 
    15                                   PART W
 
    16    Section 1. (a) The purpose of this act is to provide  for  an  orderly
    17  transfer  of  responsibilities  relating  to  real property tax adminis-
    18  tration to the commissioner of taxation and finance and  the  department
    19  of  taxation and finance, from the state board of real property services
    20  and the state office of real property services.
    21    (b) Wherever the terms "state board of real property services," "state
    22  board" or "state office of real property services" appear  in  the  real
    23  property  tax  law,  such  terms  are  hereby changed to "commissioner",
    24  provided that in sections 204, 206, 208, 614, 816, 818, 1253 and 1263 of
    25  the real property tax law, such terms shall be changed to  "state  board
    26  of  real  property  tax services," and provided further that the text of
    27  sections 200, 202, 216, 489-o, 489-11, 1210 and 1218 of the real proper-
    28  ty tax law shall be changed only as provided by the  ensuing  provisions
    29  of  this  act, and provided further that the provisions of this subdivi-
    30  sion shall not apply to the text of sections 200-a, 201 and 203  of  the
    31  real property tax law as added by sections five and seven of this act.
    32    (c) Wherever the terms "state board of real property services," "state
    33  board"  or  "state  office  of real property services" appear in the tax
    34  law, such terms are hereby changed to "commissioner",  provided  further
    35  that  the text of subdivision (e) of section 15, paragraph 5 of subdivi-
    36  sion (b) of section 22, subdivision 25th of  section  171  and  sections
    37  171-o,  697, and 1564 of the tax law shall only be changed to the extent
    38  provided by the ensuing provisions of this act.
    39    (d) Wherever the term "state  board  of  real  property  services"  or
    40  "state  office of real property services" appears in the consolidated or
    41  unconsolidated laws of this state other than the real property  tax  law
    42  or the tax law, such term is hereby changed to "commissioner of taxation
    43  and finance".  Wherever the term "state board of real property services"
    44  is  followed  by  the term "state board" in such a statute, such term is
    45  hereby changed to "commissioner".
    46    (e) The legislative bill drafting commission  is  hereby  directed  to
    47  effectuate  this  provision,  and  shall  be  guided  by a memorandum of
    48  instruction setting forth the specific provisions of law to be  amended.
    49  Such  memorandum  shall  be transmitted to the legislative bill drafting
    50  commission within sixty days of enactment of this provision. Such  memo-
    51  randum  shall be issued jointly by the governor, the temporary president

        S. 6606--B                         152                        A. 9706--C
 
     1  of the senate, and the speaker of the assembly, or by  the  delegate  of
     2  each.
     3    §  2.  Paragraph  (c) of subdivision 1 of section 169 of the executive
     4  law, as amended by chapter 634 of the laws of 1998, is amended  to  read
     5  as follows:
     6    (c)  commissioner of agriculture and markets, commissioner of alcohol-
     7  ism and substance abuse services,  adjutant  general,  commissioner  and
     8  president  of  state  civil service commission, commissioner of economic
     9  development, chair of the energy  research  and  development  authority,
    10  [executive  director  of the board of real property services,] president
    11  of higher education services corporation, commissioner  of  motor  vehi-
    12  cles, member-chair of board of parole, director of probation and correc-
    13  tional  alternatives, chair of public employment relations board, secre-
    14  tary  of  state,  chair  of  the  state  racing  and   wagering   board,
    15  commissioner  of  alcoholism  and  substance  abuse  services, executive
    16  director of the housing finance  agency,  commissioner  of  housing  and
    17  community  renewal,  executive director of state insurance fund, commis-
    18  sioner-chair of state liquor authority, chair of  the  workers'  compen-
    19  sation board;
    20    §  3.  Subdivision  18 of section 102 of the real property tax law, as
    21  amended by chapter 385 of the laws of  1994,  is  amended  and  two  new
    22  subdivisions 5-a and 9-b are added to read as follows:
    23    18.  "State  board"  or "board" means the state board of real property
    24  tax services.
    25    5-a. "Commissioner" means the commissioner of taxation and finance.
    26    9-b. "Department" means the department of taxation and finance.
    27    § 4. Sections 201, 210, 212 and 214 of the real property tax  law  are
    28  REPEALED.
    29    § 4-a. Section 200 of the real property tax law, as amended by chapter
    30  403 of the laws of 1997, is amended to read as follows:
    31    §  200.  State  board.    There  is  hereby created in the [executive]
    32  department of taxation and finance  a  separate  and  independent  state
    33  board  of  real  property tax services, to consist of five members to be
    34  appointed by the governor, by and with the advice  and  consent  of  the
    35  senate. Of those five members appointed by the governor, one such person
    36  shall be an individual actively engaged in the commercial production for
    37  sale of agricultural crops, livestock and livestock products of an aver-
    38  age  gross  sales value of ten thousand dollars or more. Said individual
    39  shall be appointed in the first instance to a term of eight  years  upon
    40  expiration  of an existing term. Said initial term shall commence on the
    41  first day of January next succeeding the year in which the existing term
    42  shall expire. The governor shall designate one of  the  members  as  the
    43  chairman  of  the  board, who shall serve as chairman at the pleasure of
    44  the governor.  The members of the board shall be appointed for terms  of
    45  eight  years,  commencing on the first day of January next following the
    46  year in which the term of his predecessor expired, except that the terms
    47  of the members first appointed shall expire as follows:  one on December
    48  thirty-first, nineteen hundred sixty-one, one on December  thirty-first,
    49  nineteen  hundred  sixty-three,  one  on December thirty-first, nineteen
    50  hundred sixty-five,  one  on  December  thirty-first,  nineteen  hundred
    51  sixty-seven,  and one on December thirty-first, nineteen hundred eighty-
    52  two.  Vacancies occurring otherwise than by expiration of term shall  be
    53  filled  for  the  unexpired  term.   All members shall receive necessary
    54  expenses incurred in the performance of their duties.
    55    § 5. The real property tax law is amended by adding a new section  201
    56  to read as follows:

        S. 6606--B                         153                        A. 9706--C
 
     1    §  201.  Assumption  of responsibilities by the department of taxation
     2  and finance. 1. On and after the effective date  of  this  section,  the
     3  functions,  powers  and  duties  of  the  state  board  of real property
     4  services as formerly established by this  chapter  shall  be  considered
     5  functions,  powers  and  duties  of  the  commissioner  of  taxation and
     6  finance, except to the extent provided by section two hundred-a of  this
     7  article.
     8    2.  On  and  after  the effective date of this section, the functions,
     9  powers and duties of the office of real property  services  as  formerly
    10  established  by  this  chapter shall be considered functions, powers and
    11  duties of the commissioner of taxation and finance.
    12    3. Notwithstanding any other provision of law, rule, or regulation  to
    13  the  contrary,  upon  the  transfer of functions from the office of real
    14  property services to the department of taxation and finance pursuant  to
    15  this  section,  all  employees  of  the office of real property services
    16  substantially engaged in the performance of  the  transferred  functions
    17  shall  be transferred to the department of taxation and finance. Employ-
    18  ees transferred pursuant to this section shall  be  transferred  without
    19  further  examination  or qualification and shall retain their respective
    20  civil service classifications, status  and  collective  bargaining  unit
    21  designations and collective bargaining agreements.
    22    4.  All  books,  papers,  and  property of the office of real property
    23  services shall be delivered to the commissioner. All books, papers,  and
    24  property  of  the  office of real property services shall continue to be
    25  maintained by the department.
    26    5. For the purpose of succession of all functions, powers, duties  and
    27  obligations transferred and assigned to, devolved upon and assumed by it
    28  pursuant  to  this  section,  the department shall be deemed and held to
    29  constitute the continuation of the office of real property services.
    30    6. Any business or other matter undertaken or commenced by  the  state
    31  board of real property services, the office of real property services or
    32  the executive director thereof pertaining to or connected with the func-
    33  tions, powers, obligations and duties hereby transferred and assigned to
    34  the  commissioner or the department and pending on the effective date of
    35  this section, may be conducted and completed by the commissioner or  the
    36  department  in  the  same manner and under the same terms and conditions
    37  and with the same effect as if conducted  and  completed  by  the  state
    38  board of real property services, the office of real property services or
    39  its executive director.
    40    7. (a) All rules, regulations, acts, orders, determinations, and deci-
    41  sions of the state board of real property services or the office of real
    42  property services, in force at the time of such transfer and assumption,
    43  shall  continue  in  full  force and effect as rules, regulations, acts,
    44  orders, determinations and decisions of the department until duly  modi-
    45  fied or abrogated by the commissioner or the department.
    46    (b) All acts, orders, determinations, and decisions of the state board
    47  of  real  property  services  pertaining  to  the  functions  and powers
    48  provided in section two hundred-a of this article shall continue in full
    49  force and effect as acts, orders, determinations and  decisions  of  the
    50  state board of real property tax services.
    51    8.  Whenever  the state board of real property services, the office of
    52  real property services or its  executive  director  is  referred  to  or
    53  designated in any law, contract or document pertaining to the functions,
    54  powers, obligations and duties hereby transferred to and assigned to the
    55  commissioner  or  the department, such reference or designation shall be

        S. 6606--B                         154                        A. 9706--C

     1  deemed to refer to the commissioner  or  department,  as  applicable  or
     2  indicated by the context.
     3    9.  No  existing  right  or  remedy  of  any  character shall be lost,
     4  impaired or affected by any provisions of this section.
     5    10. No action or proceeding pending on the   effective  date  of  this
     6  section,  brought  by  or  against  the  state  board  of  real property
     7  services, the office of real property services or its executive director
     8  shall be affected by any provision of this section, but the same may  be
     9  prosecuted  or  defended  in the name of the commissioner or the depart-
    10  ment. In all such actions and proceedings, the commissioner, upon appli-
    11  cation of the court, shall be substituted as a party.
    12    11. All appropriations or reappropriations made to the office of  real
    13  property  services to the extent of remaining unexpended or unencumbered
    14  balance thereof, whether allocated or unallocated and whether  obligated
    15  or unobligated, are hereby transferred to and made available for use and
    16  expenditure by the department subject to the approval of the director of
    17  the  budget  for  the same purposes for which originally appropriated or
    18  reappropriated and shall be payable on vouchers certified or approved by
    19  the commissioner on audit and warrant of the comptroller.
    20    12. All assets and liabilities of the office of real property services
    21  are hereby transferred to and assumed by the department.
    22    § 6. Section 202 of the real property tax law, paragraph (c) of subdi-
    23  vision 1 as amended by chapter 615 of the laws of 1972, paragraph (h) of
    24  subdivision 1 as amended by chapter 261 of the laws of  1992,  paragraph
    25  (k) of subdivision 1 as amended, paragraph (m) of subdivision 1 as added
    26  and  paragraph  (n) of subdivision 1 as relettered by chapter 833 of the
    27  laws of 1960, paragraph (o) of subdivision 1 as added by chapter 716  of
    28  the laws of 1990, paragraph (p) of subdivision 1 as added by chapter 166
    29  of  the laws of 1991, paragraph (q) of subdivision 1 as added by chapter
    30  450 of the laws of 2004, subdivision 1-a as added by chapter 739 of  the
    31  laws  of  1978,  subdivision  1-b as added by chapter 237 of the laws of
    32  1995, subdivision 2 as added by chapter 522 of the  laws  of  1981,  the
    33  opening paragraph of subdivision 2 as amended by chapter 385 of the laws
    34  of 1994, and paragraph (a) of subdivision 2 as amended by chapter 776 of
    35  the laws of 1988, is amended to read as follows:
    36    § 202. Powers and duties of [state board] the commissioner in relation
    37  to real property tax administration.  1. The [board] commissioner shall:
    38    (a) Assess special franchises;
    39    (b) Establish state equalization rates for each county, city, town and
    40  village;
    41    [(c)  Hear  and  determine  reviews relating to determinations made by
    42  county equalization agencies;
    43    (d)] (c) Approve assessments of state lands subject to taxation;
    44    [(e)] (d) Have  general  supervision  of  the  function  of  assessing
    45  throughout the state;
    46    [(f)]  (e)  Investigate,  from time to time, the methods of assessment
    47  throughout the state, and confer with, advise and assist  assessors  and
    48  other officials whose duties relate to assessments;
    49    [(g)]  (f) Furnish assessors with such information and instructions as
    50  may be necessary or proper to aid  them  in  making  assessments,  which
    51  instructions shall be followed and compliance with which may be enforced
    52  by [the board] him or her;
    53    [(h)]  (g)  Prescribe,  and  in [its] his or her discretion furnish to
    54  assessors at the expense of the state, forms  relating  to  assessments,
    55  including  applications for exemption from real property taxation, which
    56  forms shall be used by the assessors and  applicants  for  an  exemption

        S. 6606--B                         155                        A. 9706--C
 
     1  granted  pursuant  to  this  or  any other chapter, and the use of which
     2  shall be enforced by the [board] commissioner;
     3    [(i)]  (h) Obtain from state and local officers, bodies or other agen-
     4  cies such information as may be necessary for the  proper  discharge  of
     5  [its]  the duties conferred upon him or her in relation to real property
     6  tax administration, which information shall be furnished on his  or  her
     7  demand [of the state board];
     8    [(j)]  (i) Inquire into the provisions of the laws of other states and
     9  confer with the appropriate officials thereof regarding the most  effec-
    10  tual and equitable methods of assessing and taxing real property;
    11    [(k)]  (j)  Prepare  an  annual  report to the legislature which shall
    12  include therein recommendations concerning amendments  to  existing  law
    13  and such other information as [it] he or she may deem advisable;
    14    [(l)] (k) Adopt and amend such rules, regulations, orders and determi-
    15  nations, not inconsistent with law, as may be necessary for the exercise
    16  of  [its]  his  or  her  powers  and the performance of [its] his or her
    17  duties under this chapter;
    18    [(m)] (l) Establish railroad ceilings for railroad real property;
    19    [(n)] (m) Exercise and perform such other powers and duties as may  be
    20  conferred or imposed on [it] him or her by law.
    21    [(o) monitor] (n) Monitor the quality of local assessment practices by
    22  individual assessing units.
    23    [(p)  impose,] (o) Impose, collect and receive such charges or fees as
    24  may be authorized by statute.
    25    [(q)] (p) Promulgate rules and regulations for the  ascertainment  and
    26  reporting  of  "assessment record billing owner" information, as defined
    27  in section one hundred three of the eminent domain  procedure  law,  for
    28  the purposes of the administration of [said] such law.
    29    [1-a]  2.   In any instance where an assessing unit has acted pursuant
    30  to the rules, regulations, orders, determinations or instructions of the
    31  [state board] commissioner acting pursuant to  the  authority  conferred
    32  upon  him  or  her  by this chapter, and such action is the subject of a
    33  judicial review, the [state board] commissioner may upon request of  the
    34  assessing  unit  assist  such  assessing  unit  by the filing of a brief
    35  amicus curiae or through such other means as may be appropriate.
    36    [1-b] 3.  The [state board] commissioner may  adopt  rules  and  regu-
    37  lations,  as  necessary,  to implement the computerized statewide school
    38  district address match and  income  verification  system  set  forth  in
    39  section one hundred seventy-one of the tax law.
    40    [2.  The  members  of the board, or a majority thereof, shall act as a
    41  body when determining reviews relating to county equalization rates  and
    42  adopting  and  amending rules, regulations and orders in accordance with
    43  law. The board may by resolution delegate to any officer or employee  of
    44  the office of real property services any other power or duty to be exer-
    45  cised  or performed by it under this chapter or any other law subject to
    46  the following:
    47    (a) Any resolution which delegates powers and duties relating  to  the
    48  assessment  of  special franchises, the approval of assessments of state
    49  lands subject to taxation, and the establishment of  state  equalization
    50  rates  pursuant to article twelve of this chapter shall be adopted annu-
    51  ally. Any such resolution shall specify the assessment rolls  for  which
    52  said  delegation  is  made  and  shall set forth the full value standard
    53  which shall be used. However, no such resolution may delegate the  power
    54  to  make a final determination in a matter in which a complaint has been
    55  filed pursuant to articles six and twelve  of  this  chapter;  provided,
    56  however,  that  the power to adjust a final special franchise assessment

        S. 6606--B                         156                        A. 9706--C

     1  which is affected by a special equalization rate established pursuant to
     2  section twelve hundred twenty-two  of  this  chapter  may  be  delegated
     3  whether  or  not  a  complaint has been filed pursuant to article six of
     4  this  chapter. The executive director shall report to the members of the
     5  board all actions taken pursuant to any such resolution within ten  days
     6  of  taking said actions. Within ten days of receipt of the report of the
     7  executive director, if any member of the board has an objection, a meet-
     8  ing of the board shall be convened for the purpose  of  considering  the
     9  objection.  Failure  to  make  a  report  shall not, however, affect the
    10  legality of any such actions.
    11    (b) Any resolution which delegates powers and duties relating  to  the
    12  establishment  of  special state equalization rates pursuant to sections
    13  eight hundred six and thirteen hundred  fourteen  of  this  chapter  and
    14  special  equalization  ratios pursuant to articles twelve-A and twelve-B
    15  of this chapter and certifications of changes in the level of assessment
    16  pursuant to this chapter or any other law shall prescribe  the  policies
    17  or  criteria to be observed in the exercise of such powers and duties by
    18  the officer or employee to whom they are  delegated.  However,  no  such
    19  resolution  may  delegate  the  power to make a final determination in a
    20  matter in which a complaint has been filed pursuant to articles twelve-A
    21  and twelve-B of this chapter.]
    22    4. Any records that come into the commissioner's custody in the course
    23  of discharging the duties imposed upon him or her by this chapter  shall
    24  be  subject to public access to the full extent provided by this chapter
    25  and the public officers law, and shall not be  subject  to  the  secrecy
    26  provisions of the tax law.
    27    §  7.  The real property tax law is amended by adding two new sections
    28  200-a and 203 to read as follows:
    29    § 200-a. Powers of the state board of real property tax  services.  1.
    30  The  powers,  functions,  duties,  and obligations of the state board of
    31  real property tax services shall be separate from and independent of the
    32  authority of the department of taxation and finance. Such board shall be
    33  empowered to adopt such guidelines as may be necessary for the effective
    34  management of its decision-making process.
    35    2. The state board of  real  property  tax  services  shall  have  the
    36  following powers in relation to real property tax administration:
    37    (a)  The power to determine the final special franchise value, special
    38  franchise assessment, railroad ceiling, state equalization rate  or  any
    39  other  equalization  product  established  pursuant  to this chapter for
    40  which a complaint has been filed, as provided by sections  four  hundred
    41  eighty-nine-o, four hundred eighty-nine-ll, six hundred fourteen, twelve
    42  hundred  ten, twelve hundred fifty-three, and twelve hundred sixty-three
    43  of this chapter;
    44    (b) The power to hear and determine reviews relating to determinations
    45  made by county equalization agencies,  as  provided  by  sections  eight
    46  hundred sixteen and eight hundred eighteen of this chapter.
    47    3.  The provisions of section five hundred twenty-five of this chapter
    48  shall apply so far as practicable to a hearing conducted by the board of
    49  real property tax services pursuant to this chapter.
    50    § 203. Office of real property tax services. There is  hereby  created
    51  within the department of taxation and finance an office of real property
    52  tax  services. The head of the office shall be a deputy commissioner for
    53  real property tax services, who shall also be the executive officer  for
    54  and  secretary  of  the  state board of real property tax services.  The
    55  deputy commissioner for real property tax services shall be appointed by
    56  the governor. He or  she  shall  exercise  such  powers  and  duties  in

        S. 6606--B                         157                        A. 9706--C

     1  relation  to real property tax administration as may be delegated to him
     2  or her by the commissioner, shall report directly to the commissioner on
     3  the activities of the office, and shall hold office at the  pleasure  of
     4  the commissioner. The commissioner may appoint such officers, employees,
     5  agents,  consultants and special committees as he or she may deem neces-
     6  sary to carry out the provisions of this chapter,  and  shall  prescribe
     7  their duties.
     8    § 8. Section 216 of the real property tax law, as added by chapter 490
     9  of the laws of 1988, subdivision 5 as amended by chapter 529 of the laws
    10  of 1990, is amended to read as follows:
    11    § 216. Powers of [board] commissioner upon neglect or refusal of offi-
    12  cials  to  perform duties. 1. Whenever it appears to the satisfaction of
    13  the [state board] commissioner that any assessor or other  public  offi-
    14  cer, employee or board of assessment review whose duties relate directly
    15  to  real  property  tax  administration  has  failed  to comply with the
    16  provisions of this chapter or any other law relating to such duties,  or
    17  the  rules  and  regulations  of  the [board] commissioner made pursuant
    18  thereto, after a hearing on the  facts,  the  [board]  commissioner  may
    19  issue  an  order  directing such assessor, officer, employee or board of
    20  assessment review to comply with such law, rule or regulation.
    21    2. If any assessor or other  public  officer,  employee  or  board  of
    22  assessment  review  whose  duties  relate  directly to real property tax
    23  administration shall [wilfully] willfully and  intentionally  refuse  or
    24  neglect  to  perform  any  duty or do any act required by or pursuant to
    25  this chapter, in addition to any other penalty  provided  by  law,  such
    26  assessor,  public  officer,  employee or member of a board of assessment
    27  review shall forfeit to the municipal corporation of which  such  asses-
    28  sor,  public  officer,  employee  or  member  is an officer a sum not to
    29  exceed  fifty  dollars  for  each  [wilful]  willful   and   intentional
    30  violation, which may be recovered by the [state board] commissioner.
    31    3.  Where  a  property owner is, in a proceeding conducted pursuant to
    32  this section, found to be directly affected by the  violation  of  state
    33  law  or  rule,  the  [board]  commissioner  in its order shall establish
    34  procedures by which an assessor, officer, employee or board  of  assess-
    35  ment  review  whose duties relate directly to real property tax adminis-
    36  tration, whether or not a party to  the  proceeding,  shall  remedy  the
    37  failure  to  comply  with  such  state  law  or rules with respect to an
    38  assessment roll filed not more than three years prior to  the  commence-
    39  ment of the proceeding. Such remedy may include reconvening the board of
    40  assessment review, identifying the class of persons eligible to complain
    41  when the board of assessment review reconvenes, and issuing instructions
    42  to  such  board  of  assessment  review on the law and any documentation
    43  required of eligible complainants in relation to  the  findings  of  the
    44  [state board] commissioner. A copy of such order shall be mailed to such
    45  assessor,  officer,  employee  or board of assessment review and to each
    46  municipal corporation which utilizes such assessment  roll.  Such  order
    47  shall,  where  appropriate, require the assessing unit to mail a copy of
    48  the order to each eligible complainant whose name and address is readily
    49  ascertainable from the record of the proceeding.
    50    4. (a) Where the [state board] commissioner has ordered the  board  of
    51  assessment  review  to  reconvene  to  receive complaints, a copy of the
    52  order shall be mailed by the assessing unit to each  eligible  complain-
    53  ant,  which  mailing  shall be accompanied by the form prescribed by the
    54  [state board] commissioner for complaints on  tentative  assessments  or
    55  such  other  form  as  may  be  prescribed [by the state board] for such
    56  purpose. Included with such order and form shall be a notice stating the

        S. 6606--B                         158                        A. 9706--C
 
     1  date, time and place at which the board of assessment review will recon-
     2  vene. This material shall be mailed to the eligible complainant no later
     3  than fifteen days prior to  the  meeting  of  the  board  of  assessment
     4  review.  On  the  date  and  time specified in such notice, the board of
     5  assessment review will reconvene to hear any complaints  filed  pursuant
     6  to  such order and shall have the powers and duties set forth in section
     7  five hundred twenty-five of this chapter, except  that  it  may  receive
     8  only  complaints  with  respect to assessments of those parcels to which
     9  the [state board's] commissioner's order applies. A petition for  review
    10  of the assessment of such property pursuant to either title one or one-A
    11  of  article seven of this chapter may be filed no later than thirty days
    12  after the determination of the board of assessment review is  mailed  to
    13  the  petitioner, notwithstanding the provisions of section seven hundred
    14  two or seven hundred thirty of this chapter.
    15    (b) The assessor shall correct the assessment roll upon receipt of the
    16  verified statement of changes from the board of assessment review.    If
    17  the  assessor  no  longer  has  custody of the assessment roll when such
    18  verified statement is received, he or she shall forward a copy  of  such
    19  verified  statement  and  a  copy  of the [state board's] commissioner's
    20  order to the person having custody of the assessment roll or  tax  roll,
    21  which  person  shall  thereupon  make  the  appropriate corrections. The
    22  assessor shall also forward a copy of the verified statement of  changes
    23  to the clerk of each tax levying body which levies taxes on such assess-
    24  ment roll.
    25    (c)  Where  a  tax,  special assessment or special ad valorem levy has
    26  been paid prior to the correction of  the  tax  roll  pursuant  to  this
    27  section  and  the  order  of the board of assessment review results in a
    28  reduction of the tax liability of a parcel, the tax levying  body  shall
    29  refund to the person who paid such tax, special assessment or special ad
    30  valorem  levy  the  amount which exceeds the tax, special assessment, or
    31  special ad valorem levy due upon the corrected tax roll. Any such refund
    32  shall be a charge upon each municipal corporation or special district to
    33  the extent that the taxes, special assessments  or  special  ad  valorem
    34  levies were levied on its behalf or as is otherwise provided by law with
    35  respect  to  Nassau  and  Suffolk  counties;  provided, however, that no
    36  application need be made by the petitioner for such refund. The verified
    37  statement of changes provided to the clerk of  the  tax  district  shall
    38  constitute  an  application for refund for the purposes of this section.
    39  Where a refund is not made within ninety days  of  the  receipt  of  the
    40  verified statement of changes, interest in the amount of one percent per
    41  month shall be added to the amount to be refunded for each month or part
    42  thereof in excess of ninety days and paid to the property owner.
    43    (d) Where taxes, special assessments or special ad valorem levies have
    44  been  levied  prior  to  the correction of the tax roll pursuant to this
    45  section and the verified statement of changes of the board of assessment
    46  review results in an increase in the tax liability of a  parcel  or  the
    47  imposition of a tax liability upon a parcel, the additional tax, special
    48  assessment,  or  special  ad valorem levy shall be levied, collected and
    49  accounted for as provided in the [state board's] commissioner's order.
    50    (e) The provisions of title three of  article  five  of  this  chapter
    51  shall  apply  as  far  as practicable to the correction of an assessment
    52  roll or tax roll and, if applicable, to a refund of  taxes  pursuant  to
    53  this  section;  provided however that no application, except as provided
    54  herein, need be made for such correction or refund.
    55    5. If an assessor, or other  public  officer,  employee  or  board  of
    56  assessment  review  whose  duties  relate  directly to real property tax

        S. 6606--B                         159                        A. 9706--C
 
     1  administration fails or refuses  to  comply  with  the  [state  board's]
     2  commissioner's  order  within  ten  days  after service of such order or
     3  within such time as is prescribed by the [state board] commissioner  for
     4  compliance with its order, the [state board] commissioner may commence a
     5  special  proceeding  pursuant  to article four of the civil practice law
     6  and rules to compel compliance with such order. Such special  proceeding
     7  shall  be  commenced  by  the counsel to the [state board] department of
     8  taxation and finance, except that the  attorney  general  of  the  state
     9  shall commence such proceeding on behalf of the [state board] department
    10  if he or she deems it necessary.
    11    § 9. Section 324 of the real property tax law is REPEALED.
    12    §  10. Subparagraphs (iv) and (v) of paragraph (b) of subdivision 4 of
    13  section 425 of the real property tax law, subparagraph (iv)  as  amended
    14  by  section  3 of part E of chapter 83 of the laws of 2002, subparagraph
    15  (v) as amended by chapter 631 of the laws of 2006, are amended  to  read
    16  as follows:
    17    (iv)  Effective  with applications for the enhanced exemption on final
    18  assessment rolls to be completed in two thousand three, the  application
    19  form  shall  indicate  that  the  owners of the property and any owners'
    20  spouses residing on the premises may  authorize  the  assessor  to  have
    21  their  income  eligibility  verified  annually  thereafter  by the state
    22  department of taxation and finance, in lieu of furnishing copies of  the
    23  applicable  income  tax  return  or returns with the application. If the
    24  owners of the property and any owners' spouses residing on the  premises
    25  elect  to  participate in this program, which shall be known as the STAR
    26  income verification program, they must furnish their taxpayer  identifi-
    27  cation  numbers  in  order  to  facilitate  matching with records of the
    28  department [of taxation and finance]. Thereafter, their income eligibil-
    29  ity shall be verified annually by the [state]  department  [of  taxation
    30  and  finance]  and  the  assessor shall not request income documentation
    31  from them, unless such department  advises  the  assessor  [through  the
    32  state  board] that they do not satisfy the applicable income eligibility
    33  requirements, or that it is unable to  determine  whether  they  satisfy
    34  those requirements.
    35    (v)  (A) Except in the case of a city with a population of one million
    36  or more, the assessor shall forward to the [state board] department,  in
    37  the  time  and manner required by the [state board] department, informa-
    38  tion identifying the persons who have elected to participate in the STAR
    39  income verification program.  [The state board shall forward such infor-
    40  mation to the department of taxation and finance in the manner  provided
    41  by  the agreement executed pursuant to section one hundred seventy-one-o
    42  of the tax law, and  shall  notify  the  assessor  of  the  response  or
    43  responses  it receives from such department pursuant to such agreement.]
    44  After receiving [such]  the  department's  response  or  responses,  the
    45  assessing  authority shall cause notices to be mailed to participants as
    46  provided by paragraph (b) of subdivision five of this section.  Informa-
    47  tion  [obtained by the state board] provided to the department identify-
    48  ing such persons, and responses obtained from such department  shall  be
    49  confidential and shall not be subject to disclosure under article six of
    50  the public officers law.
    51    (B)  In  the case of a city of one million or more, the assessor shall
    52  forward to the department of taxation  and  finance,  in  the  time  and
    53  manner  required  by the department, information identifying the persons
    54  who have elected to participate in the STAR income verification program.
    55  The department shall advise the assessor of its findings in  the  manner
    56  provided  by  the  agreement  executed  pursuant  to section one hundred

        S. 6606--B                         160                        A. 9706--C
 
     1  seventy-one-o  of  the  tax  law.  After  receiving  such  response   or
     2  responses,  the  assessing authority shall cause notices to be mailed to
     3  participants as provided by paragraph (b) of subdivision  five  of  this
     4  section.  Information  [obtained  by  the  state  board] provided to the
     5  department identifying such persons, and responses  obtained  from  such
     6  department  shall be confidential and shall not be subject to disclosure
     7  under article six of the public officers law.
     8    § 11. The opening paragraph of  paragraph  (b)  of  subdivision  5  of
     9  section  425  of the real property tax law, as amended by chapter 742 of
    10  the laws of 2005, is amended to read as follows:
    11    Informational notice for participants in the STAR income  verification
    12  program.  In  the  case of a parcel which is owned by an owner or owners
    13  who have elected to participate in the STAR income verification program,
    14  the assessing authority shall cause a notice, preferably on a  postcard,
    15  to  be  mailed to such owner or owners after the assessor has been noti-
    16  fied of their income eligibility by  the  department  [of  taxation  and
    17  finance through the state board]. Each such notice shall be mailed with-
    18  out  restrictions  upon  forwarding  or  delivery, and shall contain, in
    19  language prescribed by the [state board] department,  the  substance  of
    20  one of the following statements, whichever is appropriate:
    21    § 12. Paragraph (a) of subdivision 12 of section 425 of the real prop-
    22  erty  tax  law,  as  amended by section 9 of part E of chapter 83 of the
    23  laws of 2002, is amended to read as follows:
    24    (a) Generally. In addition to discontinuing the exemption on the  next
    25  ensuing  tentative  assessment roll, if the assessor determines that the
    26  property improperly received the exemption on one or more of  the  three
    27  preceding assessment rolls, or is advised by the department [of taxation
    28  and finance through the state board] that the applicable income standard
    29  was  not satisfied with regard to a property which received the enhanced
    30  exemption on one or more of those rolls, he  or  she  shall  proceed  to
    31  revoke  the  improperly  granted  prior  exemption or exemptions. If the
    32  assessor is advised [through the state board] that  the  department  [of
    33  taxation and finance] was unable to verify the income eligibility of one
    34  or  more  participants  in the income verification program, the assessor
    35  shall mail that person or those persons a notice in a form prescribed by
    36  the [state board] department requesting that the person or persons docu-
    37  ment their income in the same manner and to the same extent  as  if  the
    38  person  or  persons  were  submitting  an  initial  application  for the
    39  enhanced STAR exemption. If such income documentation  is  not  provided
    40  within forty-five days of such request, or if the documentation provided
    41  does  not  establish  the  eligibility  of  the person or persons to the
    42  assessor's satisfaction, the assessor shall treat the  exemption  as  an
    43  improperly  granted exemption and proceed in the manner provided by this
    44  subdivision.
    45    § 13. Section 489-o of the real property tax law, as added by  chapter
    46  86  of  the laws of 1963, subdivision 2 as amended by chapter 735 of the
    47  laws of 1983, and subdivision 3 as added by chapter 841 of the  laws  of
    48  1986, is amended to read as follows:
    49    §  489-o.    Final determination of railroad ceiling; certificate.  1.
    50  After the hearing provided for in section four hundred eighty-nine-n  of
    51  this  [chapter]  title,  the  state  board of real property tax services
    52  shall finally determine the railroad ceiling for the railroad real prop-
    53  erty of each railroad company situated in each assessing unit.  Whenever
    54  upon complaint the state board shall revise the local reproduction  cost
    55  of a railroad company in an assessing unit, it shall revise the railroad
    56  ceiling  therefor to reflect such revision, but it shall not, on account

        S. 6606--B                         161                        A. 9706--C
 
     1  of such revision, modify any other determination  with  respect  to  the
     2  railroad  ceilings  for  such  railroad company for such year.  Notwith-
     3  standing the fact that no complaint shall have been filed  with  respect
     4  to  a  tentative  determination  of  a railroad ceiling, the state board
     5  shall give effect to any special equalization rate established, pursuant
     6  to subdivision two of section four hundred eighty-nine-l of this  [chap-
     7  ter] title prior to the final determination of the railroad ceiling.
     8    2.  Not later than ten days before the last date prescribed by law for
     9  the  levy  of  taxes,  the  state board shall file a certificate setting
    10  forth each railroad ceiling as finally determined with the  assessor  of
    11  the  appropriate  assessing  unit  or  the  town  or county assessor who
    12  prepares a copy of the applicable part of the town or county  assessment
    13  roll  for  village  tax  purposes  as  provided  in subdivision three of
    14  section fourteen hundred two of this chapter,   and  at  the  same  time
    15  shall  transmit to each railroad company for which such ceiling has been
    16  determined a duplicate copy of such certificate.
    17    3. Any final determination of a railroad ceiling by  the  state  board
    18  pursuant to subdivision one of this section shall be subject to judicial
    19  review in a proceeding under article seventy-eight of the civil practice
    20  law and rules.
    21    § 14. Subdivision 1 of section 489-ll of the real property tax law, as
    22  added by chapter 920 of the laws of 1977, is amended to read as follows:
    23    1.    After  the  hearing provided for in section four hundred eighty-
    24  nine-kk of this [chapter] title, the state board of  real  property  tax
    25  services  shall  finally determine the railroad ceiling for the railroad
    26  real property of each railroad company situated in each assessing  unit.
    27  Whenever  upon  complaint the state board shall revise the local reprod-
    28  uction cost of a railroad company in an assessing unit, it shall  revise
    29  the  appropriate railroad ceiling to reflect such revision, but it shall
    30  not, on account of such revision, modify any  other  determination  with
    31  respect  to  the  railroad  ceilings  for such railroad company for such
    32  year.  Notwithstanding the fact that no complaint shall have been  filed
    33  with  respect  to  a  tentative determination of a railroad ceiling, the
    34  state board shall give effect to any special  equalization  rate  estab-
    35  lished  pursuant to subdivision two of section four hundred eighty-nine-
    36  jj of this [chapter] title prior to the final determination of the rail-
    37  road ceiling.
    38    § 15. Section 614 of the real property tax law is amended to  read  as
    39  follows:
    40    §  614.    Determination  of  final  assessment of special franchises.
    41  After [the hearing of complaints, if any, as provided in] receiving  the
    42  commissioner's  report regarding any complaint filed pursuant to section
    43  six hundred twelve of this [chapter] article, the state  board  of  real
    44  property  tax  services  shall  determine  the  final assessment of each
    45  special franchise.
    46    § 16. Subdivision 2 of section 740 of the real property  tax  law,  as
    47  added by chapter 732 of the laws of 1983, is amended to read as follows:
    48    2.  A  petition and notice shall be served by delivering two copies to
    49  [a member of the state board] the  commissioner  or  to  an  officer  or
    50  employee  authorized  by  [the  board] him or her to accept service, not
    51  more than sixty days after the written notice of  the  final  assessment
    52  prescribed  by  section  six  hundred  eighteen of this chapter has been
    53  served.  Where a proceeding is commenced by an assessing unit in which a
    54  special franchise is situated, an additional copy shall be filed by  the
    55  petitioner with the owner of that special franchise.  Where a proceeding
    56  is  commenced  by  a special franchise owner, the petitioner, within ten

        S. 6606--B                         162                        A. 9706--C
 
     1  days after service, shall file an additional copy with the clerk of  the
     2  city, town or village and with the clerk of the school district in which
     3  that  special franchise is situated except a school district governed by
     4  the provisions of article fifty-two of the education law.
     5    § 17. Section 1210 of the real property tax law, as amended by chapter
     6  355 of the laws of 1990, is amended to read as follows:
     7    §  1210. Establishment of final state equalization rates, class ratios
     8  and class equalization rates. After [hearing the complaints, if any,  as
     9  provided in] receiving the commissioner's report regarding any complaint
    10  filed  pursuant to section twelve hundred eight of this [chapter] title,
    11  the state board of real property tax services shall establish the  final
    12  state  equalization rate, class ratios, and class equalization rates, if
    13  required, for each city,  town,  village,  special  assessing  unit,  or
    14  approved assessing unit or eligible non-assessing unit village which has
    15  adopted  the  provisions of section nineteen hundred three of this chap-
    16  ter.
    17    § 18. Section 1218 of the real property tax law, as amended by chapter
    18  685 of the laws of 2004, is amended to read as follows:
    19    § 1218. Review of final determinations of state board of real property
    20  tax services relating to state equalization rates. A final determination
    21  of the state board of real  property  tax  services  relating  to  state
    22  equalization rates may be reviewed by commencing an action in the appel-
    23  late  division  of  the  supreme court in the manner provided by article
    24  seventy-eight of the civil practice law and rules  upon  application  of
    25  the  county,  city,  town  or  village  for which the rate or rates were
    26  established. The standard of review in such a  proceeding  shall  be  as
    27  specified  in subdivision four of section seventy-eight hundred three of
    28  the civil practice law and rules.  Whenever a final order is  issued  in
    29  such a proceeding directing a revised state equalization rate, any coun-
    30  ty,  village  or school district that used the former rate in the appor-
    31  tionment of taxes must, upon receipt of such  final  order,  recalculate
    32  the  levy  that used such former rate and credit or debit as appropriate
    33  its constituent municipalities in its next levy.  Any special  franchise
    34  assessments  that  were  established  using  the  former rate must, upon
    35  receipt of such final order, be revised by the state board in accordance
    36  with the new rate, and, if taxes have  already  been  levied  upon  such
    37  assessments, the affected special franchise owners shall either automat-
    38  ically  receive  a  refund  if  there  is  a  decrease or be taxed on an
    39  increase in the next levy in the manner provided for omitted parcels  in
    40  title three of article five of this chapter.
    41    §  19.  Subdivision  (e)  of  section 15 of the tax law, as amended by
    42  chapter 161 of the laws of 2005, is amended to read as follows:
    43    (e) Eligible real property taxes. The  term  "eligible  real  property
    44  taxes"  means  taxes imposed on real property which is owned by the QEZE
    45  and located in an empire zone with respect to which the QEZE  is  certi-
    46  fied  pursuant  to  article  eighteen-B  of  the  general municipal law,
    47  provided such taxes are paid by the QEZE which is the owner of the  real
    48  property  or  are  paid  by  a tenant which either (i) does not meet the
    49  eligibility requirements under section fourteen of this article to be  a
    50  QEZE  or  (ii) cannot treat such payment as eligible real property taxes
    51  pursuant to this paragraph and such taxes become  a  lien  on  the  real
    52  property  during  a taxable year in which the owner of the real property
    53  is both certified pursuant to article eighteen-B of the general  munici-
    54  pal  law  and a qualified empire zone enterprise. In addition, "eligible
    55  real property taxes" shall include taxes paid  by  a  QEZE  which  is  a
    56  lessee  of real property if the following conditions are satisfied:  (1)

        S. 6606--B                         163                        A. 9706--C
 
     1  the taxes must be paid by the lessee pursuant to  explicit  requirements
     2  in a written lease executed or amended on or after June first, two thou-
     3  sand  five,  (2)  such taxes become a lien on the real property during a
     4  taxable  year in which the lessee of the real property is both certified
     5  pursuant to article eighteen-B of the general municipal law and a quali-
     6  fied empire zone enterprise, and (3) the lessee has made direct  payment
     7  of  such  taxes  to  the taxing authority and has received a receipt for
     8  such payment of taxes from the taxing authority.  In addition, the  term
     9  "eligible  real  property taxes" includes payments in lieu of taxes made
    10  by the QEZE to the state, a municipal corporation or  a  public  benefit
    11  corporation  pursuant  to  a  written agreement entered into between the
    12  QEZE and the state, municipal  corporation,  or  public  benefit  corpo-
    13  ration.  Provided,  however, a payment in lieu of taxes made by the QEZE
    14  pursuant to a written agreement executed or amended on or after  January
    15  first,  two  thousand  one,  shall not constitute eligible real property
    16  taxes in any taxable year to the extent that such  payment  exceeds  the
    17  product  of  (A)  the  greater  of  (i) the basis for federal income tax
    18  purposes, calculated without regard to depreciation,  determined  as  of
    19  the effective date of the QEZE's certification pursuant to article eigh-
    20  teen-B  of  the general municipal law of real property, including build-
    21  ings and structural components of  buildings,  owned  by  the  QEZE  and
    22  located  in  empire  zones  with  respect to which the QEZE is certified
    23  pursuant to such article eighteen-B of the general  municipal  law,  and
    24  provided  that  if such basis is further adjusted or reduced pursuant to
    25  any provision of the internal revenue code, the QEZE  may  petition  the
    26  department[,] and the department of economic development [and the office
    27  of real property services] to disregard such reduction or adjustment for
    28  the purpose of this subdivision or (ii) the basis for federal income tax
    29  purposes  of such real property described in clause (i) of this subpara-
    30  graph, calculated without regard to depreciation, on the last day of the
    31  taxable year, and provided that if such basis  is  further  adjusted  or
    32  reduced pursuant to any provision of the internal revenue code, the QEZE
    33  may  petition the department, the department of economic development and
    34  the office of real property services  to  disregard  such  reduction  or
    35  adjustment  for  the  purpose of this subdivision; and (B) the estimated
    36  effective full value tax rate within the county in which  such  property
    37  is located, as most recently [reported to] calculated by the commission-
    38  er  [by  the  secretary of the state board of real property services, or
    39  his or her designee]. The  [state  board]  commissioner  shall  annually
    40  calculate  estimated  effective  full value tax rates within each county
    41  for this purpose based upon the most current  information  available  to
    42  [it]  him  or  her in relation to county, city, town, village and school
    43  district taxes.
    44    § 20. Paragraph 5 of subdivision (b) of section 22 of the tax law,  as
    45  amended  by  section  4 of part H of chapter 577 of the laws of 2004, is
    46  amended to read as follows:
    47    (5) Eligible real property taxes. The  term  "eligible  real  property
    48  taxes"  means  taxes imposed on real property which consists of a quali-
    49  fied site owned by the developer, provided such taxes become a  lien  on
    50  the real property in a period during which the real property is a quali-
    51  fied site. In addition, the term "eligible real property taxes" includes
    52  payments  in lieu of taxes by the developer, with respect to a qualified
    53  site, to the state, a municipal corporation or a public  benefit  corpo-
    54  ration pursuant to a written agreement entered into between the develop-
    55  er  and  the  state,  a municipal corporation or a public benefit corpo-
    56  ration. Provided, however, such a payment in lieu  of  taxes  shall  not

        S. 6606--B                         164                        A. 9706--C
 
     1  constitute  eligible  real  property  taxes  in  any taxable year to the
     2  extent that such payment exceeds the product of (A) the greater  of  (i)
     3  the  basis  for  federal income tax purposes, determined on the date the
     4  taxpayer  becomes  a  developer  as  defined under this section, of real
     5  property, including buildings and structural  components  of  buildings,
     6  owned  by  the developer and located on a qualified site with respect to
     7  which the taxpayer is a developer, or (ii) the basis for federal  income
     8  tax  purposes  of  such  real  property  described in clause (i) of this
     9  subparagraph on the last day of the taxable year, and (B) the  estimated
    10  effective  full  value tax rate within the county in which such property
    11  is located, as most recently [reported to] calculated by the commission-
    12  er [by the secretary of the state board of real  property  services,  or
    13  his  or  her  designee].  The  [state board] commissioner shall annually
    14  calculate estimated and effective full value tax rates within each coun-
    15  ty for this purpose based upon the most current information available to
    16  [it] him or her in relation to county, city, town,  village  and  school
    17  district  taxes. Provided further, where the amount of the credit deter-
    18  mined under paragraph two of this subdivision is the  total  product  of
    19  the  factors and tax specified therein, the term "eligible real property
    20  taxes" under this paragraph shall apply only to taxes  imposed  on  real
    21  property  which is attributed to a qualified site located in an environ-
    22  mental zone. Where the developer is a partner  in  a  partnership  or  a
    23  shareholder  in  a  New  York S corporation, such real property shall be
    24  owned by the partnership or the New York S corporation, respectively.
    25    § 20-a. Subdivision 2 of section 170 of the tax  law,  as  amended  by
    26  chapter 282 of the laws of 1986, is amended and a new subdivision 7-a is
    27  added to read as follows:
    28    2.  Existing  divisions  or  bureaus in the department of taxation and
    29  finance or transferred to the department shall  continue  until  consol-
    30  idated  or  abolished  pursuant  to  this section. There shall be in the
    31  department of taxation and finance a division of taxation, a division of
    32  the treasury, a division of the lottery, an office of real property  tax
    33  services, and a division of tax appeals.
    34    7-a.  The head of the office of real property tax services shall be an
    35  officer to be appointed and hold  office  as  provided  by  section  two
    36  hundred three of the real property tax law.
    37    §  21.  Subdivision  twenty-fifth  of  section  171 of the tax law, as
    38  amended by chapter 170 of the laws of 1994, paragraph a  as  amended  by
    39  section  93 of part A of chapter 436 of the laws of 1997, paragraph b as
    40  amended and paragraph c as added by chapter 474 of the laws of 1996,  is
    41  amended to read as follows:
    42    Twenty-fifth. a. With respect to the income to be used in the computa-
    43  tion  of  school aid payable in the school year nineteen hundred ninety-
    44  four--ninety-five and thereafter, be required  to  design,  develop  and
    45  implement  a  permanent  computerized  statewide school district address
    46  match and income verification system in regard to each school district's
    47  valuation of total New York adjusted gross income as determined  by  the
    48  department,  for use in determining state aid to education.  The depart-
    49  ment shall promulgate rules and regulations to effect the provisions  of
    50  this paragraph within ninety days of the enactment of the chapter of the
    51  laws of nineteen hundred ninety-four amending this paragraph. Commencing
    52  September  first, nineteen hundred ninety-seven, the commissioner[,] and
    53  the commissioner of education[, and the executive director of the office
    54  of real property services], subject to the approval of the  director  of
    55  the  budget  shall  be required to enter into a cooperative agreement by
    56  September first of each year,  which  will  govern  the  validation  and

        S. 6606--B                         165                        A. 9706--C
 
     1  correction and completion of the total New York adjusted gross income of
     2  school  districts  until  September  first  of  the following year. Such
     3  agreement shall include, but  not  be  limited  to:  (i)  procedures  to
     4  improve  the  accuracy of school district income data, in a manner which
     5  gives appropriate recognition to computerized  processing  capabilities,
     6  administrative  feasibility  of  manual  processes  and  confidentiality
     7  implications; (ii)  procedures  to  verify  the  school  district  codes
     8  reported  by taxpayers; (iii) procedures to correct identified inaccura-
     9  cies; (iv) procedures to assign  school  district  codes  based  on  the
    10  permanent  residence  addresses  of taxpayers who failed to complete the
    11  school district code; (v) the schedule for the transmittal of electronic
    12  data between the agencies, as necessary, to implement such  system;  and
    13  (vi)  beginning  in  the  nineteen hundred ninety-six state fiscal year,
    14  procedures for the review process provided for in paragraph  c  of  this
    15  subdivision.    All state departments and agencies, and school districts
    16  and other local governments  and  agencies,  shall  cooperate  with  the
    17  parties to such agreement in its implementation.
    18    b.  1.  [With  respect to income used in the computation of school aid
    19  payable in the school years  nineteen  hundred  ninety-four--ninety-five
    20  through  nineteen  hundred  ninety-seven--ninety-eight,  be  required to
    21  design, develop and implement a process  whereby  school  districts  may
    22  request a review of the assignment of taxpayer addresses to their school
    23  district. In addition to the cooperative agreement developed pursuant to
    24  paragraph  a  of  this subdivision between the commissioner, the commis-
    25  sioner of education and the director of  the  office  of  real  property
    26  services, the parties shall enter into a second cooperative agreement to
    27  establish  procedures  for  such a review process. Such procedures shall
    28  include but not be limited to: (i) general criteria to be used  for  the
    29  purpose  of  evaluating  suspected inaccuracies in the assignment of tax
    30  returns to school districts; (ii) a process for rating the requests  for
    31  review,  giving  appropriate  recognition  to  the relative incidence of
    32  suspected inaccuracies, the relative effect of suspected inaccuracies on
    33  the aggregate income, income per return and relative income per pupil of
    34  the school district, and the relative effect of  suspected  inaccuracies
    35  on  state  aid  payable to the school district pursuant to the education
    36  law; (iii) a process for identifying the school  districts  for  partic-
    37  ipation  in  the  review process from the rated list of applicants; (iv)
    38  processes by which addresses assigned  to  identified  school  districts
    39  will  be reviewed and by which corrections to inaccuracies will be iden-
    40  tified; (v) a process by which  corrections  to  inaccurate  assignments
    41  will  be  made  to appropriate files; and (vi) deadlines by which school
    42  districts must submit requests for review to the commissioner of  educa-
    43  tion and timelines for each of the procedures included in the agreement.
    44    2.  School  districts  requesting  a  review  in  accordance  with the
    45  provisions of this paragraph shall be required, in consultation with the
    46  district superintendent of schools for the supervisory district in which
    47  the school district is located, appointed pursuant to  section  nineteen
    48  hundred  fifty  of  the  education law, to submit to the commissioner of
    49  education evidence in support of a contention that the assignment of tax
    50  returns to their district is inaccurate. Identified school districts may
    51  be required to review ordered listings, prepared by  the  department  or
    52  the  office of real property services or an authorized vendor contracted
    53  by the department, of the permanent resident address of selected taxpay-
    54  ers who filed personal income tax returns with the department  reporting
    55  a  school district code or address which indicates that the taxpayer was
    56  a resident of such identified school district at the close of the  taxa-

        S. 6606--B                         166                        A. 9706--C

     1  ble  year  for  which  the  return  was  filed. In no case shall ordered
     2  address listings for school  district  review  include  those  addresses
     3  which  the  school  district  had  the opportunity to review pursuant to
     4  paragraph  a  of  this  subdivision. District superintendents of schools
     5  appointed pursuant to section nineteen hundred fifty  of  the  education
     6  law,  having  an  identified  school  district  within their supervisory
     7  district, shall be required to verify any suspected  inaccuracies  indi-
     8  cated  by an identified district as a result of the district's review of
     9  ordered address listings pursuant to this paragraph.
    10    3.] Any correction, pursuant to this paragraph, of verified  inaccura-
    11  cies  of  income  data  shall only result in the removal of such returns
    12  from the identified school district.
    13    [4.] 2. All state departments and agencies, and school  districts  and
    14  other  local  governments and agencies, shall cooperate with the parties
    15  to such agreement in the implementation of the review  process  provided
    16  pursuant to this paragraph.
    17    c.  1.  With  respect  to income used in the computation of school aid
    18  payable in the school years nineteen  hundred  ninety-eight--ninety-nine
    19  and  thereafter,  be required to design, develop and implement a process
    20  whereby school districts may request  a  review  of  the  assignment  of
    21  taxpayer  addresses  to  their  school  district.  Procedures for such a
    22  review process shall be included in the  cooperative  agreement  entered
    23  into pursuant to paragraph a of this subdivision.
    24    2.  School  districts  requesting  a  review  in  accordance  with the
    25  provisions of this paragraph shall be required, in consultation with the
    26  district superintendent of schools for the supervisory district in which
    27  the school district is located, appointed pursuant to  section  nineteen
    28  hundred  fifty  of  the  education law, to submit to the commissioner of
    29  education evidence in support of a contention that the assignment of tax
    30  returns to their district is inaccurate. Identified school districts may
    31  be required to review ordered listings, prepared by the  department  [or
    32  the office of real property services] or an authorized vendor contracted
    33  by the department, of the permanent resident address of selected taxpay-
    34  ers  who filed personal income tax returns with the department reporting
    35  a school district code or address which indicates that the taxpayer  was
    36  a  resident of such identified school district at the close of the taxa-
    37  ble year for which the return  was  filed.  In  no  case  shall  ordered
    38  address  listings  for  school  district  review include those addresses
    39  which the school district had the  opportunity  to  review  pursuant  to
    40  paragraph  a  of  this  subdivision. District superintendents of schools
    41  appointed pursuant to section nineteen hundred fifty  of  the  education
    42  law,  having  an  identified  school  district  within their supervisory
    43  district, shall be required to verify any suspected  inaccuracies  indi-
    44  cated  by an identified district as a result of the district's review of
    45  ordered address listings pursuant to this paragraph.
    46    3. Any correction, pursuant to this paragraph, of  verified  inaccura-
    47  cies  of  income  data  shall only result in the removal of such returns
    48  from the identified school district.
    49    4. All state departments and agencies, and school districts and  other
    50  local governments and agencies, shall cooperate with the parties to such
    51  agreement  in the implementation of the review process provided pursuant
    52  to this paragraph.
    53    § 22. Section 171-o of the tax law, as amended by chapter 631  of  the
    54  laws of 2006, is amended to read as follows:
    55    §  171-o.  Income  verification  for [the state board of real property
    56  services and] a city with a population of one million or more.  (1)  The

        S. 6606--B                         167                        A. 9706--C
 
     1  department  shall  enter into an agreement with [the state board of real
     2  property services to verify, to the extent practicable, whether  persons
     3  described  in  paragraph (b) of subdivision four of section four hundred
     4  twenty-five  of  the  real  property tax law meet the income eligibility
     5  requirements prescribed therein for  the  applicable  income  tax  year,
     6  beginning  with  the  income  tax  year  ending in two thousand two. The
     7  department shall also enter into an agreement with] a city with a  popu-
     8  lation  of  one  million  or  more to verify, to the extent practicable,
     9  whether persons described  in  paragraph  (b)  of  subdivision  four  of
    10  section  four  hundred twenty-five of the real property tax law meet the
    11  income eligibility requirements prescribed therein  for  the  applicable
    12  income  tax year, beginning with the income tax year ending in two thou-
    13  sand five. The department shall advise the [state board of real property
    14  services, or] city[, as the case may be,] of its  findings,  stating  in
    15  each  case  either that such person or persons do or do not satisfy such
    16  requirements, or that the eligibility of such person or  persons  cannot
    17  be  verified, whichever is appropriate. The department shall not provide
    18  any other information about the income of such  persons  to  the  [state
    19  board of real property services or] city.
    20    (2) The provisions of article six of the public officers law shall not
    21  apply to any information that the department obtains from or provides to
    22  the  [state  board  of  real property services or] city pursuant to this
    23  section.
    24    (3) Any information furnished  by  the  department  pursuant  to  this
    25  section  shall  be  deemed  confidential and the assessor, any municipal
    26  officer or municipal employees are prohibited from disclosing  any  such
    27  information,  except  for any disclosure necessary in the performance of
    28  their official duties in connection with the school  tax  relief  (STAR)
    29  exemption pursuant to section four hundred twenty-five of the real prop-
    30  erty  tax  law. Any unauthorized disclosure of such information shall be
    31  deemed a violation of section eight hundred five-a of the general munic-
    32  ipal law.
    33    § 23. Paragraph 12 of subsection (e) of section 606 of the tax law  is
    34  REPEALED.
    35    §  24.  Paragraphs  3, 4 and 5 of subsection (k) of section 697 of the
    36  tax law, as amended by chapter 237 of the laws of 1995, are  amended  to
    37  read as follows:
    38    [(3) Notwithstanding the provisions of subsection (e) of this section,
    39  the  department  or authorized vendor contracted by the department shall
    40  furnish annually, as required pursuant to  subdivision  twenty-fifth  of
    41  section one hundred seventy-one of this chapter, to the executive direc-
    42  tor  of  the office of real property services, electronic file transfers
    43  of the permanent residence address of each  taxpayer  who  has  filed  a
    44  personal  income tax return with the department. Such transfers shall be
    45  in accordance with the schedule established pursuant  to  the  agreement
    46  developed  in accordance with paragraph d of subdivision twenty-fifth of
    47  section one hundred seventy-one of this chapter.  Similarly, the  office
    48  of  real  property  services shall, subject to the availability of funds
    49  appropriated for this purpose, verify or correct or determine the school
    50  district for each such residence address provided by the department  and
    51  shall  return such updated data to the department in accordance with the
    52  provisions of such agreement.]
    53    (4) Notwithstanding the provisions of subsection (e) of this  section,
    54  the  department  [or the office of real property services] or an author-
    55  ized vendor contracted by the  department  shall  furnish,  as  required
    56  pursuant  to subdivision twenty-fifth of section one hundred seventy-one

        S. 6606--B                         168                        A. 9706--C
 
     1  of this chapter, to the superintendents of schools of identified  school
     2  districts  and district superintendents of schools appointed pursuant to
     3  section nineteen hundred fifty of the education law, having  an  identi-
     4  fied school district within their supervisory district, an ordered list-
     5  ing, for such identified school districts electing to participate in the
     6  appeals  process for a limited school district address review validation
     7  and correction process.
     8    (5) The information provided pursuant to this section and  subdivision
     9  twenty-fifth of section one hundred seventy-one of this chapter shall be
    10  used  solely for the purpose of verifying the legal residence and school
    11  district of a taxpayer in determining the distribution of state aid  for
    12  education and such information may only be disclosed by such commission-
    13  er,  [director,] superintendents and authorized vendor contracted by the
    14  department for such purposes to employees of the state education depart-
    15  ment, [employees of the state office of real property services]  and  to
    16  employees  under  the  control  of  such  superintendents.  In addition,
    17  notwithstanding the provisions of subsection (e) of  this  section,  the
    18  department may furnish to an authorized vendor contracted by the depart-
    19  ment  the  permanent resident address and school code data necessary for
    20  the implementation of the temporary school district address review vali-
    21  dation and correction process, the pilot computerized address match  and
    22  income  verification  project,  or  the permanent computerized statewide
    23  school district address match and income verification system pursuant to
    24  subdivision twenty-fifth of section  one  hundred  seventy-one  of  this
    25  chapter.  Any  violation  of  the  provisions  of  this section shall be
    26  punishable in the manner provided for in subsection (e) of this section.
    27  Any information obtained  by  any  agency  or  person  pursuant  to  the
    28  provisions of this section shall not be deemed a "record", as defined in
    29  subdivision four of section eighty-six of the public officers law.
    30    §  25.  Subdivision  3  of  section 1564 of the tax law, as amended by
    31  chapter 17 of the laws of 2008, is amended to read as follows:
    32    3. An exemption from the tax which is equal to the median sales  price
    33  of  residential  real  property  within  the applicable town or city, as
    34  determined by the [office of real property services pursuant  to  proce-
    35  dures  adopted  for  this  purpose  by  the state board of real property
    36  services established pursuant to article two of the  real  property  tax
    37  law]  commissioner, shall be allowed on the consideration of the convey-
    38  ance of improved or unimproved real property or an interest therein.
    39    § 26. This act shall take effect immediately.
 
    40                                   PART X

    41    Section 1. Subdivision 1 of section 511 of the real property tax  law,
    42  as  amended  by  chapter  319 of the laws of 1998, is amended to read as
    43  follows:
    44    1. In the year of a revaluation or update of assessments, if the state
    45  equalization rate for the immediately preceding assessment roll was less
    46  than eighty-five, the assessor shall, and in any  other  year  may,  not
    47  later than sixty days prior to the date set by law for the filing of the
    48  tentative  assessment roll, mail to each owner of real property therein,
    49  an assessment disclosure notice in the format provided in paragraph  (a)
    50  of  subdivision  two  of this section. However, pursuant to a resolution
    51  adopted by the governing board of  the  assessing  unit,  other  than  a
    52  special  assessing  unit or an approved assessing unit which has adopted
    53  the provisions of section nineteen hundred three of this  chapter,  such

        S. 6606--B                         169                        A. 9706--C
 
     1  assessment  disclosure  notice  shall  include in lieu thereof the items
     2  specified in paragraph (b) of subdivision two of this section.
     3    §  2.  Section 511 of the real property tax law is amended by adding a
     4  new subdivision 9 to read as follows:
     5    9. A special assessing unit shall be deemed to be in  compliance  with
     6  the  provisions  of  this  section  if it provides assessment disclosure
     7  notices to property owners in an alternative manner which includes, at a
     8  minimum, their tentative assessments, the market values upon which  they
     9  were based, and the applicable level of assessment.
    10    §  3.  Subdivision  1 of section 1590 of the real property tax law, as
    11  amended by chapter 316 of the laws  of  1992,  is  amended  to  read  as
    12  follows:
    13    1. A municipal corporation, other than a school district or a village,
    14  which  prepares assessment rolls by means of electronic data processing,
    15  shall annually submit to the state board the  data  files  used  in  the
    16  preparation of each tentative and final assessment roll and summaries of
    17  the  information  from  the final assessment roll including as a minimum
    18  the number of parcels, the total assessed value thereof, and  the  total
    19  taxable  assessed  value  thereof.  Such  information shall be submitted
    20  within [thirty] ten days of the time of filing the  tentative  or  final
    21  assessment roll, as provided for pursuant to section five hundred six or
    22  five  hundred sixteen of this chapter or such other law as may be appli-
    23  cable. In addition, if the assessing  unit  maintains  a  website,  then
    24  within ten days of the filing of the tentative assessment roll, it shall
    25  post a copy of such roll on its website, with a link thereto prominently
    26  displayed  on  its  home  page, and shall not remove the same before the
    27  final assessment roll has been filed. In lieu of posting a copy of  such
    28  roll on its website, the assessing unit may cause such copy to be posted
    29  on  the website of the county in which it is located for the same period
    30  of time as otherwise required by this subdivision, provided that a  link
    31  thereto  shall  be prominently displayed on the website of the assessing
    32  unit.
    33    § 4. Subdivision 5 of section 574 of the real  property  tax  law,  as
    34  amended  by  chapter  257  of  the  laws  of 1993, is amended to read as
    35  follows:
    36    5. [Forms or reports filed] Data collected pursuant to this section or
    37  section three hundred thirty-three of the real  property  law  shall  be
    38  made available for public inspection or copying in accordance with rules
    39  promulgated  by  the  state board, except that where the state board and
    40  the department of taxation and finance have developed a combined process
    41  for collecting data pursuant to paragraph viii of subdivision  one-e  of
    42  section three hundred thirty-three of the real property law, any data so
    43  collected  which  is  not required to be furnished to the state board by
    44  statute or by the state board's rules shall not be subject to inspection
    45  or copying.
    46    § 5. Paragraphs i and v of subdivision 1-e of section 333 of the  real
    47  property  law,  as  amended  by section 1 of part B of chapter 57 of the
    48  laws of 2004 and paragraph i as separately amended by chapter 521 of the
    49  laws of 2004, are amended and two new paragraphs vii and viii are  added
    50  to read as follows:
    51    i.  A  recording  officer  shall  not  record or accept for record any
    52  conveyance of real property affecting land  in  New  York  state  unless
    53  accompanied  by  a transfer report form prescribed by the state board of
    54  real property services or in lieu thereof, confirmation from  the  state
    55  board  that  the required data has been reported to it pursuant to para-

        S. 6606--B                         170                        A. 9706--C
 
     1  graph vii of this subdivision, and the fee prescribed pursuant to subdi-
     2  vision three of this section.
     3    v.  The provisions of this subdivision shall not operate to invalidate
     4  any conveyance of real property where one or more of  the  items  desig-
     5  nated  as subparagraphs one through eight of paragraph ii of this subdi-
     6  vision, have not been reported or which has been  erroneously  reported,
     7  nor  affect  the  record contrary to the provisions of this subdivision,
     8  nor impair any title founded on such conveyance or record.    Such  form
     9  shall  [be  certified]  contain an affirmation as to the accuracy of the
    10  contents made both by the transferor or transferors and by the transfer-
    11  ee or transferees. Provided, however, that if  the  conveyance  of  real
    12  property  occurs as a result of a taking by eminent domain, tax foreclo-
    13  sure, or other involuntary proceeding such  [form]  affirmation  may  be
    14  [certified]  made  only  by either the condemnor, tax district, or other
    15  party to whom the property has been conveyed, or by that party's  attor-
    16  ney.    The affirmations required by this paragraph shall be made in the
    17  form and manner prescribed by the state board,  provided  that  notwith-
    18  standing  any  provision  of  law  to  the  contrary,  affirmants may be
    19  allowed, but shall not be required, to sign such affirmations  electron-
    20  ically.
    21    vi.  Any  deed  executed  and  delivered prior to July first, nineteen
    22  hundred ninety-four may nevertheless be recorded in the  office  of  the
    23  county  clerk  providing  there  is submitted therewith, and in place of
    24  such form, a separate statement signed by the transferor or  transferors
    25  and  the transferee or transferees or any person having sufficient know-
    26  ledge to sign such form which contains the same information required  by
    27  the  state board of real property services as set forth in subparagraphs
    28  one through four of paragraph ii of this subdivision.
    29    vii. The state board is hereby authorized to develop and  oversee  the
    30  implementation  of  a system to allow the data required by this subdivi-
    31  sion and section five hundred seventy-four of the real property tax  law
    32  to  be  reported  to it electronically, notwithstanding any provision of
    33  law to the contrary. The state board is further authorized to adopt  any
    34  rules  necessary  to implement such a system. Such rules shall set forth
    35  such standards and procedures as may be needed  for  the  effective  and
    36  efficient administration of the program, including standards for provid-
    37  ing confirmation to recording officers of the reporting of required data
    38  to the state board.
    39    viii. Upon agreement between the state board of real property services
    40  and  the  department of taxation and finance, the process for collecting
    41  data pursuant to this subdivision and section five hundred  seventy-four
    42  of  the  real  property tax law may be combined in whole or in part with
    43  the process for collecting data pursuant to articles thirty-one, eleven,
    44  twenty-two and subsection (a) of section six hundred sixty-three of  the
    45  tax law in connection with the real estate transfer tax, notwithstanding
    46  any  provision  of  law to the contrary. The state board and the commis-
    47  sioner of taxation and finance are authorized to adopt any rules  neces-
    48  sary  to  implement  the  provisions  of this paragraph, individually or
    49  jointly.
    50    § 6. Section 693 of the tax law is amended by adding a new  subsection
    51  (e) to read as follows:
    52    (e)  Notwithstanding the provisions of paragraph one of subsection (e)
    53  of section six hundred ninety-seven of this part, the  commissioner  may
    54  furnish  to the state board of real property services information relat-
    55  ing to real property transfers obtained or derived  from  returns  filed
    56  pursuant to this article in relation to the real estate transfer tax, to

        S. 6606--B                         171                        A. 9706--C
 
     1  the  extent that such information is also required to be reported to the
     2  state board by section three hundred thirty-three of the  real  property
     3  law  and  section five hundred seventy-four of the real property tax law
     4  and   the  rules  adopted  thereunder,  provided  such  information  was
     5  collected through a combined process established pursuant to  an  agree-
     6  ment  entered  into  with  the state board pursuant to paragraph viii of
     7  subdivision one-e of section three  hundred  thirty-three  of  the  real
     8  property  law.  The  state  board may redisclose such information to the
     9  extent authorized by section five hundred seventy-four of the real prop-
    10  erty tax law.
    11    § 7. Section 1418 of the tax law is amended by adding a  new  subdivi-
    12  sion (h) to read as follows:
    13    (h) Notwithstanding the provisions of subdivision (a) of this section,
    14  the  commissioner  may  furnish  to  the  state  board  of real property
    15  services information relating to real  property  transfers  obtained  or
    16  derived  from  returns filed pursuant to this article in relation to the
    17  real estate transfer tax, to the extent that such  information  is  also
    18  required  to  be  reported  to  the state board by section three hundred
    19  thirty-three of the real property law and section five hundred  seventy-
    20  four  of  the  real  property  tax law and the rules adopted thereunder,
    21  provided such information  was  collected  through  a  combined  process
    22  established  pursuant  to an agreement entered into with the state board
    23  pursuant to paragraph viii of subdivision one-e of section three hundred
    24  thirty-three of the real property law. The state  board  may  redisclose
    25  such information to the extent authorized by section five hundred seven-
    26  ty-four of the real property tax law.
    27    §  8. This act shall take effect on the first of January next succeed-
    28  ing the date on which it shall have become  a  law,  provided  that  the
    29  state board of real property services and the department of taxation and
    30  finance are hereby authorized to adopt any rules needed to implement the
    31  provisions of this act prior to such date.
 
    32                                   PART Y
 
    33    Section  1.  Paragraphs (a), (b) and (c) of subdivision 1 and subdivi-
    34  sion 2 of section 1573 of the real property tax law,  paragraph  (a)  of
    35  subdivision  1 as amended and paragraphs (b) and (c) of subdivision 1 as
    36  added by chapter 309 of the laws of 1996, subdivision 2  as  amended  by
    37  chapter  655  of  the laws of 2004 and paragraph (a) of subdivision 2 as
    38  amended by chapter 212 of the laws of  2006,  are  amended  to  read  as
    39  follows:
    40    (a)  the  assessing unit has satisfied standards of quality assessment
    41  administration, as established by the  state  board  pursuant  to  regu-
    42  lations  promulgated  by the state board, subject to the approval of the
    43  director of the budget[. Such rules shall be based upon but not  limited
    44  to the following criteria:
    45    (i) quality and maintenance of valuation data;
    46    (ii) presentation of public information and data;
    47    (iii) administration of exemptions;
    48    (iv) an acceptable level of assessment uniformity as measured annually
    49  by the state board; and
    50    (v) compliance with statutes and rules.] and has implemented a revalu-
    51  ation pursuant to an approved plan as provided in this subdivision;
    52    (b)  [any  revaluation  or  update  of  assessments, implemented on an
    53  assessment roll finalized after  the  first  day  of  January,  nineteen
    54  hundred ninety-six,] the revaluation is at one hundred percent of value;

        S. 6606--B                         172                        A. 9706--C
 
     1  however, in special assessing units the revaluation or update of assess-
     2  ments must be at a uniform percentage of value for each class;
     3    (c)  [the  assessing  unit  has published, on the tentative assessment
     4  roll, the uniform percentage of value at  which  all  real  property  is
     5  assessed, or in special assessing units, the uniform percentage of value
     6  at which each class of property is assessed;] the revaluation was imple-
     7  mented  pursuant  to a plan, approved pursuant to the rules of the state
     8  board, of not less than four years that provides, at a  minimum,  for  a
     9  revaluation in the first and last year of such plan, but in no case less
    10  than  once  every  four years, and for inventory data to be collected at
    11  least once every six years;
    12    2. (a) State assistance pursuant to subdivision one  of  this  section
    13  shall  be  payable  [as follows] in an amount not to exceed five dollars
    14  per parcel for [each separately assessed parcel appearing on the  appli-
    15  cable]  an  assessment  roll[,  excluding]  upon  which a revaluation is
    16  implemented in accordance with an approved plan, and not to  exceed  two
    17  dollars  per  parcel for any assessment roll upon which a revaluation is
    18  not implemented in accordance with an approved plan. The amount  payable
    19  on  a  per parcel basis shall exclude parcels which are wholly exempt or
    20  assessed by the state board[:  (a) Triennial aid shall be  payable  when
    21  the  state  board  determines  that the assessing unit has implemented a
    22  revaluation or update that includes the reinspection and reappraisal  of
    23  all locally assessed properties.  However, no assessing unit may qualify
    24  for  this  payment more than once in a three year period, and no aid may
    25  be paid pursuant to this paragraph with respect to any  assessment  roll
    26  filed after the year two thousand eleven.
    27    (b)  (i)  Annual  aid shall be payable when the state board determines
    28  that the assessing unit has maintained  an  equitable  assessment  roll.
    29  Such  determination  shall  be  made in accordance with standards estab-
    30  lished pursuant to regulations promulgated by the state  board,  subject
    31  to  the  approval of the director of the budget, and shall be based upon
    32  criteria including but not limited to:
    33    (A) annually maintaining assessments at the percentage of value speci-
    34  fied in subdivision one of this section;
    35    (B) annually conducting a systematic analysis of all locally  assessed
    36  properties using a methodology specified in such regulations;
    37    (C)  annually revising assessments as necessary to maintain the stated
    38  uniform percentage of value; and
    39    (D) implementing a local program for physically inspecting  and  reap-
    40  praising each parcel at least once every six years.
    41    (E)  Such  standards shall contain ranges of acceptable performance as
    42  determined by the state board in accordance with  nationally  recognized
    43  assessment methods.
    44    (ii)  No  aid shall be paid pursuant to this paragraph with respect to
    45  any assessment roll which receives triennial aid pursuant  to  paragraph
    46  (a) of this subdivision].
    47    [(iii)]  (b)  Any assessing unit that fails to implement a revaluation
    48  as prescribed in an approved plan shall remit  to  the  state  the  full
    49  amount  of  any  state aid received pursuant to this subdivision for the
    50  assessment rolls following the one upon which the  most  recent  revalu-
    51  ation was implemented.
    52    (c)  Nothing  herein shall be deemed to prevent an assessing unit from
    53  withdrawing from an approved plan. Any assessing unit that does so shall
    54  only be responsible for remission of per parcel payments for non-revalu-
    55  ation years.

        S. 6606--B                         173                        A. 9706--C
 
     1    (d) No grant awarded to any individual assessing  unit  in  any  given
     2  year  pursuant  to  this  subdivision shall exceed five hundred thousand
     3  dollars.
     4    § 2. This act shall take effect immediately and shall apply to assess-
     5  ment  rolls  with  taxable  status dates occurring on and after March 1,
     6  2010.
 
     7                                   PART Z
 
     8    Section 1. Clause 2 of subparagraph (viii) of paragraph a of  subdivi-
     9  sion  10 of section 54 of the state finance law, as amended by section 5
    10  of part GG of chapter 56 of the laws of 2009,  is  amended  to  read  as
    11  follows:
    12    (2)  for  the  state  fiscal year commencing April first, two thousand
    13  eight and in each state fiscal year thereafter,  the  base  level  grant
    14  received  in  the  immediately  preceding  state fiscal year pursuant to
    15  paragraph b of this subdivision, excluding any deficit reduction adjust-
    16  ment pursuant to paragraph e-1 of this subdivision, plus any  additional
    17  apportionments  received  in  such  year pursuant to paragraph d of this
    18  subdivision and any per capita adjustments received in such year  pursu-
    19  ant  to paragraph e of this subdivision plus any additional aid received
    20  in such year pursuant to paragraph p of this subdivision.
    21    § 2. Paragraph b of subdivision 10 of section 54 of the state  finance
    22  law,  as  amended  by  section  2 of part O of chapter 56 of the laws of
    23  2008, is amended to read as follows:
    24    b. Base level grants. (i) Within amounts  appropriated  in  the  state
    25  fiscal year commencing April first, two thousand seven and in each state
    26  fiscal  year thereafter, there shall be apportioned and paid to a county
    27  with a population of less than one million but more  than  nine  hundred
    28  twenty-five  thousand  according  to the federal decennial census of two
    29  thousand, cities with a population of less than one million,  towns  and
    30  villages  a  base  level  grant in an amount equal to the prior year aid
    31  received by such county, city, town or village.
    32    (ii)  Notwithstanding  subparagraph  (i)  of  this  paragraph,  within
    33  amounts  appropriated  in  the state fiscal year commencing April first,
    34  two thousand ten, there shall be apportioned and paid  to  each  munici-
    35  pality  a  base  level  grant  in  an amount equal to the prior year aid
    36  received by such municipality minus a base level grant adjustment calcu-
    37  lated in accordance with clause two of this subparagraph.
    38    (1) When used in this subparagraph, unless otherwise expressly stated:
    39    (A) "2008-09 AIM funding" shall mean the sum of the base  level  grant
    40  pursuant  to this paragraph, additional annual apportionment pursuant to
    41  paragraph d of this subdivision, per capita adjustment pursuant to para-
    42  graph e of this subdivision and special aid and  incentives  to  certain
    43  eligible  cities  as  appropriated  in  chapter fifty of the laws of two
    44  thousand eight, as amended by chapter one of the laws  of  two  thousand
    45  nine, apportioned and paid to such municipality in the state fiscal year
    46  commencing April first, two thousand eight.
    47    (B) "2008 total revenues" shall mean "total revenues" for such munici-
    48  pality  as  reported  in the state comptroller's special report on local
    49  government finances for New York state for local fiscal years  ended  in
    50  two thousand eight.
    51    (C)  "AIM  reliance"  shall  mean  2008-09  AIM funding expressed as a
    52  percentage of 2008 total revenues.
    53    (2) The base level grant adjustment shall equal:

        S. 6606--B                         174                        A. 9706--C
 
     1    (A) two percent of prior year aid if AIM reliance  was  at  least  ten
     2  percent, or
     3    (B)  five  percent of prior year aid if AIM reliance was less than ten
     4  percent.
     5    (iii) Notwithstanding subparagraph (i) of  this  paragraph,  a  county
     6  with  a  population  of less than one million but more than nine hundred
     7  twenty-five thousand according to the federal decennial  census  of  two
     8  thousand  shall  not receive a base level grant in the state fiscal year
     9  commencing April first, two thousand ten or in  any  state  fiscal  year
    10  thereafter.
    11    §  3. Paragraph i of subdivision 10 of section 54 of the state finance
    12  law is amended by adding a new subparagraph (vii) to read as follows:
    13    (vii) Notwithstanding subparagraph (i) of this paragraph, in the state
    14  fiscal year commencing April first, two thousand  ten,  the  base  level
    15  grant  adjustment  pursuant  to subparagraph (ii) of paragraph b of this
    16  subdivision shall be made on or before September twenty-fifth for a town
    17  or village, on or before December fifteenth for a city whose fiscal year
    18  begins January first, and on or before March fifteenth for a city  whose
    19  fiscal year does not begin on January first.
    20    §  4. Paragraph j of subdivision 10 of section 54 of the state finance
    21  law, as amended by section 3 of part D of chapter 503  of  the  laws  of
    22  2009, is amended to read as follows:
    23    j.  Special  aid  and incentives for municipalities to the city of New
    24  York. In the state fiscal year  commencing  April  first,  two  thousand
    25  seven  a  city  with  a  population of one million or more shall receive
    26  twenty million dollars on or before December  fifteenth.  In  the  state
    27  fiscal  year  commencing  April first, two thousand eight, a city with a
    28  population of one million or more shall receive two  hundred  forty-five
    29  million  nine  hundred  forty-four  thousand  eight  hundred thirty-four
    30  dollars payable on or before December fifteenth.  In  the  state  fiscal
    31  [year]  years commencing April first, two thousand nine and April first,
    32  two thousand eleven, and in each state fiscal year  thereafter,  a  city
    33  with a population of one million or more shall receive three hundred one
    34  million  six  hundred  fifty-eight  thousand  four  hundred  ninety-five
    35  dollars payable on or before December fifteenth.  Special aid and incen-
    36  tives for municipalities to the city of New York  shall  be  apportioned
    37  and paid as required as follows:
    38    (i)   Any   amounts  required  to  be  paid  to  the  city  university
    39  construction fund pursuant to the city university construction fund act;
    40    (ii) Any amounts required to be paid to  the  New  York  city  housing
    41  development  corporation  pursuant to the New York city housing develop-
    42  ment corporation act;
    43    (iii) Five hundred thousand dollars to the chief fiscal officer of the
    44  city of New York for payment to the trustees of the police pension  fund
    45  of such city;
    46    (iv)  Eighty  million dollars to the special account for the municipal
    47  assistance corporation for the city of New York in the municipal assist-
    48  ance tax fund created pursuant to section ninety-two-d of  this  chapter
    49  to  the  extent  that  such  amount  has  been included by the municipal
    50  assistance corporation for the city of New York in any  computation  for
    51  the  issuance  of bonds on a parity with outstanding bonds pursuant to a
    52  contract with the holders of such bonds prior to  the  issuance  of  any
    53  other  bonds  secured  by  payments from the municipal assistance corpo-
    54  ration for the city of New York in the municipal  assistance  state  aid
    55  fund created pursuant to section ninety-two-e of this chapter;

        S. 6606--B                         175                        A. 9706--C
 
     1    (v)  The  balance  of the special account for the municipal assistance
     2  corporation for the city of New York in the municipal  assistance  state
     3  aid fund created pursuant to section ninety-two-e of this chapter;
     4    (vi)  Any  amounts  to be refunded to the general fund of the state of
     5  New York pursuant to the annual appropriation enacted for the  municipal
     6  assistance state aid fund;
     7    (vii)  To  the  state  of  New  York municipal bond bank agency to the
     8  extent provided by section twenty-four hundred thirty-six of the  public
     9  authorities law; and
    10    (viii)  To  the  transit  construction  fund to the extent provided by
    11  section twelve hundred twenty-five-i of the public authorities law,  and
    12  thereafter to the city of New York.
    13  Notwithstanding  any  other  law to the contrary, the amount paid to any
    14  city with a population of one million or  more  on  or  before  December
    15  fifteenth  shall  be  for  an  entitlement period ending the immediately
    16  preceding June thirtieth.
    17    § 5. Subdivision c of section 8 of section 4 of  chapter  576  of  the
    18  laws  of  1974 constituting the emergency tenant protection act of nine-
    19  teen seventy-four, as amended by section 1 of part F of  chapter  61  of
    20  the laws of 2000, is amended to read as follows:
    21    c.  Whenever  a  city  having  a population of one million or more has
    22  determined the existence of an emergency pursuant to  section  three  of
    23  this act, the provisions of this act and the New York city rent stabili-
    24  zation  law  of nineteen hundred sixty-nine shall be administered by the
    25  state division of housing and community renewal as provided in  the  New
    26  York  city  rent  stabilization  law  of nineteen hundred sixty-nine, as
    27  amended, or as otherwise provided by law.  The  costs  incurred  by  the
    28  state  division  of  housing and community renewal in administering such
    29  regulation shall be paid by such city. All payments  for  such  adminis-
    30  tration shall be transmitted to the state division of housing and commu-
    31  nity renewal as follows: on or after April first of each year commencing
    32  with  April,  nineteen  hundred eighty-four, the commissioner of housing
    33  and community renewal shall determine an amount necessary to defray  the
    34  division's anticipated annual cost, and one-quarter of such amount shall
    35  be  paid  by such city on or before July first of such year, one-quarter
    36  of such amount on or before October first of such year,  one-quarter  of
    37  such  amount  on  or before January first of the following year and one-
    38  quarter of such amount on or before March thirty-first of the  following
    39  year.  After the close of the fiscal year of the state, the commissioner
    40  shall determine the amount of all actual costs incurred in  such  fiscal
    41  year  and  shall  certify  such  amount  to such city. If such certified
    42  amount shall differ from the amount paid by the  city  for  such  fiscal
    43  year,  appropriate  adjustments  shall  be  made  in  the next quarterly
    44  payment to be made by such city. In the event that the amount thereof is
    45  not paid to the commissioner  as  herein  prescribed,  the  commissioner
    46  shall  certify the unpaid amount to the comptroller, and the comptroller
    47  shall, to the extent not otherwise  prohibited  by  law,  withhold  such
    48  amount  from [the next succeeding payment of per capita assistance to be
    49  apportioned] any state aid payable to such city. In no event  shall  the
    50  amount imposed on the owners exceed ten dollars per unit per year.
    51    §  6.  Paragraph (a-1) of subdivision 2 of section 39 of the judiciary
    52  law, as added by chapter 83 of the laws of 1995, is amended to  read  as
    53  follows:
    54    (a-1)  (i) Effective for each state fiscal year beginning April first,
    55  nineteen hundred ninety-five, the state comptroller shall, on or  before
    56  the  end  of that fiscal year: (1) deduct from any moneys payable to the

        S. 6606--B                         176                        A. 9706--C
 
     1  city of New York from the local assistance account as [per capita] state
     2  aid for the support of local government [pursuant to section  fifty-four
     3  of  the  state  finance  law]  the amount certified to him or her by the
     4  chief  administrator  of  the  courts immediately following the close of
     5  such fiscal year pursuant to subparagraph (ii) of  this  paragraph,  and
     6  (2)  transfer  the  amount  of  such deduction from the local assistance
     7  account to the New York city county clerks' operations offset fund.
     8    (ii) On or before March first  in  each  year  commencing  with  March
     9  first, nineteen hundred ninety-six, the chief administrator shall deter-
    10  mine  and  certify  to  the  comptroller  the difference between (1) the
    11  amount of the disbursements under the judiciary budget made  during  the
    12  fiscal  year  ending  the previous March thirty-first for the payment of
    13  services and expenses incurred in that fiscal year by the offices of the
    14  county clerks of the city of New York, excluding services  and  expenses
    15  incurred  by  those  offices in discharge of a county clerk's powers and
    16  duties as commissioner of jurors, and (2) the aggregate receipts derived
    17  by the state from the fees specified in paragraphs one and two of subdi-
    18  vision (f) of section eight thousand twenty and section  eight  thousand
    19  twenty-one  of  the  civil practice law and rules during the fiscal year
    20  commencing April first, nineteen hundred ninety.
    21    (iii) On or before March first,  nineteen  hundred  ninety-seven,  and
    22  each March first thereafter, the chief administrator shall determine the
    23  actual  difference between (1) the amount of the disbursements under the
    24  judiciary budget made during the fiscal year ending the  previous  March
    25  thirty-first  for  the payment of services and expenses incurred in that
    26  fiscal year by the offices of the county clerks of the city of New York,
    27  excluding services and expenses incurred by those offices  in  discharge
    28  of  a county clerk's powers and duties as commissioner of jurors and (2)
    29  the aggregate receipts derived from the state from the fees specified in
    30  paragraphs one and two of subdivision  (f)  of  section  eight  thousand
    31  twenty  and  section eight thousand twenty-one of the civil practice law
    32  and rules during the preceding  fiscal  year.  The  chief  administrator
    33  shall compare this actual amount of difference with the projected amount
    34  of difference calculated pursuant to subparagraph (ii) of this paragraph
    35  and  certify  the difference between the two amounts to the comptroller.
    36  Such amount shall be added to, or deleted from, as the case may be,  the
    37  amount of the deduction made from state [per capita] aid payments to the
    38  city of New York pursuant to subparagraph (i) of this paragraph.
    39    §  7.    Notwithstanding  any other law to the contrary, for the state
    40  fiscal year beginning April 1, 2011, and in each state fiscal year ther-
    41  eafter, twenty million eight hundred eight thousand nine  hundred  three
    42  dollars ($20,808,903) of aid and incentives for municipalities otherwise
    43  due  and  payable  to the city of Yonkers on or before March 31 shall be
    44  paid on or before June 30 in such fiscal year upon  written  request  by
    45  the  chief  elected official of such city to the director of the budget,
    46  provided such request is made no later than April 1, 2011.
    47    § 8. This act shall take effect immediately and  shall  be  deemed  to
    48  have been in full force and effect on and after April 1, 2010; provided,
    49  however,  that the amendments to subdivision c of section 8 of the emer-
    50  gency tenant protection act of nineteen  seventy-four  made  by  section
    51  five  of  this act shall not affect the expiration of such act and shall
    52  expire therewith.
 
    53                                   PART AA

        S. 6606--B                         177                        A. 9706--C
 
     1    Section 1. Subdivision 2 of section 54-l of the state finance law,  as
     2  amended  by  section  1 of part KK of chapter 56 of the laws of 2009, is
     3  amended to read as follows:
     4    2.  Within  amounts  appropriated  therefor,  an  eligible city and an
     5  eligible municipality shall receive a state aid payment as follows:
     6    a. An eligible city shall receive: (i)  for  the  state  fiscal  years
     7  commencing April first, two thousand seven and April first, two thousand
     8  eight,  a  state  aid payment equal to three and one-half percent of the
     9  "estimated net machine income"  generated  by  a  video  lottery  gaming
    10  facility located in such eligible city. Such state aid payment shall not
    11  exceed  twenty million dollars per eligible city; and (ii) for the state
    12  fiscal year commencing April first, two thousand nine and for each state
    13  fiscal year thereafter,  an  amount  equal  to  the  state  aid  payment
    14  received  in  the state fiscal year commencing April first, two thousand
    15  eight.
    16    b. Eligible municipalities shall receive: (i)  for  the  state  fiscal
    17  years  commencing  April  first, two thousand seven and April first, two
    18  thousand eight, a share of three and one-half percent of the  "estimated
    19  net machine income" generated by a video lottery gaming facility located
    20  within  such  eligible  municipality as follows: (1) twenty-five percent
    21  shall be apportioned and  paid  to  the  county;  and  (2)  seventy-five
    22  percent  shall  be  apportioned and paid on a pro rata basis to eligible
    23  municipalities, other than the county, based upon the population of such
    24  eligible municipalities. Such state aid payment shall not  exceed  twen-
    25  ty-five  percent  of  an  eligible  municipality's total expenditures as
    26  reported in the statistical report of the comptroller in  the  preceding
    27  state fiscal year pursuant to section thirty-seven of the general munic-
    28  ipal  law;  [and] (ii) for the state fiscal year commencing April first,
    29  two thousand nine [and for each state fiscal year thereafter]:  (1)  for
    30  an eligible municipality which is located in a county that has a poverty
    31  rate equal to or greater than seventy-five percent of the New York state
    32  poverty  rate,  an amount equal to the state aid payment received in the
    33  state fiscal year commencing April first, two thousand  eight;  and  (2)
    34  for  an  eligible  municipality  which is located in a county that has a
    35  poverty rate less than seventy-five percent of the New York state pover-
    36  ty rate, an amount equal to fifty  percent  of  the  state  aid  payment
    37  received  in  the state fiscal year commencing April first, two thousand
    38  eight; and (iii) for the state fiscal year commencing April  first,  two
    39  thousand  ten and for each state fiscal year thereafter, an amount equal
    40  to ninety percent of the state aid payment received in the state  fiscal
    41  year commencing April first, two thousand nine.
    42    §  2.  This  act  shall take effect immediately and shall be deemed to
    43  have been in full force and effect on and after April 1, 2010.
 
    44                                   PART BB
 
    45    Intetionally omitted.
 
    46                                   PART CC
 
    47    Intetionally omitted.
 
    48                                   PART DD
 
    49    Intetionally omitted.

        S. 6606--B                         178                        A. 9706--C
 
     1                                   PART EE
 
     2    Section  1.   Section 180 of the agriculture and markets law, as added
     3  by chapter 874 of the laws of 1977, is amended to read as follows:
     4    § 180. Municipal directors of weights and measures. 1. There shall  be
     5  a  county  director of weights and measures in each county, except where
     6  (a) a county is wholly embraced within a city  there  shall  be  a  city
     7  director of weights and measures, or (b) where two or more counties have
     8  entered  into an intermunicipal agreement, pursuant to article five-G of
     9  the general municipal law, to share the functions, powers, and duties of
    10  one director of weights and measures.  Any county or city having a popu-
    11  lation of one million or more may elect to designate its commissioner of
    12  consumer affairs as its director of weights  and  measures.  Subdivision
    13  four  of  this  section  shall  not  apply to a commissioner of consumer
    14  affairs so designated.
    15    2. No city may institute a weights  and  measures  program.  Provided,
    16  that any city which maintained a weights and measures program on January
    17  first,  nineteen  hundred  seventy-six may continue such program under a
    18  city director of weights and measures.
    19    a. Any such city may contract with the legislature of  the  county  in
    20  which  it  is located for the county director of weights and measures to
    21  perform the duties of and have the same powers within such city  as  the
    22  city director. Such contract shall fix the amount to be paid annually by
    23  the  city  to  the  county  for  such  services.  During the period such
    24  contract is in force and effect, the office of city director of  weights
    25  and measures shall be abolished.
    26    b.  The  county director shall not have jurisdiction in any city which
    27  has a city director of weights and measures, except  in  the  county  of
    28  Westchester  the county director shall have concurrent jurisdiction with
    29  city directors of weights and measures in such county.
    30    3. Nothing contained herein shall prohibit the governing body  of  any
    31  county  or  city  from  assigning  to  its municipal director powers and
    32  duties in addition to the powers and duties prescribed by  this  article
    33  provided  such additional powers and duties deal primarily with services
    34  designed to aid and protect the consumer and are not  inconsistent  with
    35  the provisions of this article.
    36    4.  The  municipal  director  shall  be  appointed  by the appropriate
    37  authority of the municipality in which he  resides  having  the  general
    38  power of appointment of officers and employees.  Where two or more coun-
    39  ties  have entered into an intermunicipal agreement, pursuant to article
    40  five-G of the general municipal law, to share the functions, powers, and
    41  duties of one director of weights and measures, such municipal  director
    42  may  reside  in  any county that is a party to the intermunicipal agree-
    43  ment. He shall be paid a salary determined by the appropriate  authority
    44  and  shall  be  provided by such authority with the working standards of
    45  weights, measures and other equipment as required  by  rules  and  regu-
    46  lations  promulgated  in  accordance  with this article. The position of
    47  municipal director shall be  in  the  competitive  class  of  the  civil
    48  service  with respect to all persons appointed on or after the effective
    49  date of this act.
    50    § 2. Section 775 of the county law is amended to read as follows:
    51    § 775. [County sealer] Director of weights and measures;  duties.  The
    52  [county  sealer]  director  of  weights  and  measures shall perform the
    53  duties prescribed by law for the enforcement of honest weights and meas-
    54  ures. He shall perform such additional and  related  duties  as  may  be
    55  prescribed by law and directed by the board of supervisors.

        S. 6606--B                         179                        A. 9706--C
 
     1    §  3.  Subdivision  7  of section 176-b of the town law, as separately
     2  amended by chapters 302, 314, 468 and  474  of  the  laws  of  2009,  is
     3  amended to read as follows:
     4    7.  (a)  The  membership  of  any  volunteer  firefighter shall not be
     5  continued pursuant to subdivision five  of  this  section,  and  persons
     6  shall  not  be elected to membership pursuant to subdivision six of this
     7  section, if, by so doing, the percentage of such non-resident members in
     8  the fire company would  exceed  forty-five  per  centum  of  the  actual
     9  membership of the fire company, provided however, that the provisions of
    10  this  subdivision  shall  not  apply  to  the memberships of the Shelter
    11  Island Heights fire district, the Cherry Grove fire district,  the  Fire
    12  Island Pines fire district, the Davis Park fire department, and the Cold
    13  Spring  Harbor  fire  district  in  Suffolk county, the New Hampton fire
    14  district, the Mechanicstown fire district, the Pocatello fire  district,
    15  the  Washington Heights fire district and the Good Will fire district in
    16  Orange county, the Jericho fire district and the Westbury fire  district
    17  in  Nassau  county, the Orangeburg fire district in Rockland county, the
    18  South Lockport Fire Company  and  the  Terry's  Corners  volunteer  fire
    19  company  in  Niagara  County, the Taunton fire district and the Onondaga
    20  Hill fire department in  Onondaga  county,  the  Town  of  Batavia  fire
    21  department in Genesee County, the Schuyler Heights fire district and the
    22  Slingerlands  fire  district  I in Albany county, the town of Providence
    23  fire district in Saratoga county, the River Road fire district, No. 3 in
    24  Erie county, the Sir William Johnson Fire Company in Fulton county,  the
    25  Fort  Johnson  Fire  district in Montgomery county or the memberships of
    26  the Millwood fire district, the Purchase Fire District, the North Castle
    27  South Fire District, No. 1 in Westchester  county,  the  Thornwood  fire
    28  company, No. 1 in Westchester county and the Rockland Lake fire district
    29  in Rockland county.
    30    (b)  Upon  application by a fire district or fire company to the state
    31  fire administrator, the requirements of paragraph (a) of  this  subdivi-
    32  sion  shall  be  waived, provided that no adjacent fire district objects
    33  within sixty days of notice, published in the state register.  Any  such
    34  objection  shall  be  made  in  writing  to the state fire administrator
    35  setting forth the reasons such waiver should not be  granted.  In  cases
    36  where an objection is properly filed, the state fire administrator shall
    37  have  the  authority  to  grant  a  waiver upon consideration of (1) the
    38  difficulty of the fire company or district in retaining  and  recruiting
    39  adequate  personnel;  (2)  any  alternative  means available to the fire
    40  company or district to address such difficulties; and (3) the impact  of
    41  such waiver on adjacent fire districts.
    42    § 4. Section 578 of the real property tax law, as added by chapter 636
    43  of the laws of 1970, is amended to read as follows:
    44    §  578.  County assistance under cooperative agreements. 1. The legis-
    45  lative bodies of the counties and the governing boards  of  the  cities,
    46  towns,  villages  and  school  districts or appropriate officers thereof
    47  authorized by such legislative body or governing board, as the case  may
    48  be,  shall  have  power to enter into contracts with each other for data
    49  processing and other mechanical assistance in the preparation of assess-
    50  ment rolls, tax rolls, tax bills and other assessment and  property  tax
    51  records  and  for  supplies  of  field books, assessment rolls and other
    52  assessment and property tax forms.
    53    2. (a) The legislative body of a county and the governing body of  any
    54  city,  town,  village or school district therein shall have the power to
    55  enter into contracts with each other for the collection of taxes by  the
    56  county  treasurer.  Such  an  agreement  may either authorize the county

        S. 6606--B                         180                        A. 9706--C
 
     1  treasurer to  collect  taxes  jointly  and  concurrently  with  the  tax
     2  collecting  officer  of  such city, town, village or school district, or
     3  may delegate to the county treasurer the sole and exclusive authority to
     4  collect  taxes for such city, town, village or school district.  Such an
     5  agreement shall be considered  a  municipal  cooperation  agreement  for
     6  purposes  of  article  five-G  of the general municipal law and shall be
     7  subject to all provisions thereof.  Any such agreement shall be approved
     8  by both the city, town, village or school district and the county, by  a
     9  majority vote of the voting strength of each governing body.
    10    (b) An agreement that authorizes the county treasurer to collect taxes
    11  jointly  and  concurrently with the tax collecting officer of such city,
    12  town, village or school district shall have no effect upon  the  tenure,
    13  powers  or  duties  of the incumbent tax collecting officer, except that
    14  the county treasurer shall also be considered a tax  collecting  officer
    15  of  the  city, town, village or school district, with all the powers and
    16  duties thereof. In no case shall  such  an  agreement  be  construed  to
    17  empower  the  tax  collecting officer of a city, town, village or school
    18  district to collect taxes that have been returned to the county treasur-
    19  er as unpaid.
    20    (c) An agreement that delegates to the county treasurer the  sole  and
    21  exclusive  authority  to  collect  taxes for such city, town, village or
    22  school district shall have the effect of making the county treasurer the
    23  sole tax collecting officer  of  such  city,  town,  village  or  school
    24  district,  and of abolishing the separate office of tax collecting offi-
    25  cer in such city, town, village or school district, for as long  as  the
    26  agreement  shall  be in effect. Provided, however, that if the office to
    27  be abolished is elective, the  agreement  shall  be  submitted  for  the
    28  approval of the electors of the contracting city, town or village in the
    29  manner  provided by section twenty-three of the municipal home rule law.
    30  Provided further, that such an agreement shall not  take  effect  during
    31  the  term  of  an  incumbent  tax  collecting officer, unless the office
    32  should become vacant prior to the expiration  of  such  term.  Upon  the
    33  termination  of  such an agreement, the office of tax collecting officer
    34  shall be deemed reestablished as an appointive office of the city, town,
    35  village or school district, unless such office has been abolished or its
    36  functions transferred to another officer pursuant to law.
    37    § 5. This act shall take effect immediately.

    38                                   PART FF
 
    39    Section 1. Subdivision 1 of section 103 of the general municipal  law,
    40  as amended by section 1 of part D of chapter 494 of the laws of 2009, is
    41  amended to read as follows:
    42    1. Except as otherwise expressly provided by an act of the legislature
    43  or  by  a  local  law adopted prior to September first, nineteen hundred
    44  fifty-three, all contracts for public work involving an  expenditure  of
    45  more  than  thirty-five  thousand  dollars  and  all  purchase contracts
    46  involving an expenditure of more than  [ten]  twenty  thousand  dollars,
    47  shall  be awarded by the appropriate officer, board or agency of a poli-
    48  tical subdivision or of any district therein including but  not  limited
    49  to  a  soil  conservation  district,  to  the  lowest responsible bidder
    50  furnishing the required security after advertisement for sealed bids  in
    51  the  manner  provided  by  this section. In any case where a responsible
    52  bidder's gross price is reducible by an allowance for the value of  used
    53  machinery,  equipment, apparatus or tools to be traded in by a political
    54  subdivision, the gross price shall be reduced  by  the  amount  of  such

        S. 6606--B                         181                        A. 9706--C
 
     1  allowance,  for  the  purpose of determining the low bid. In cases where
     2  two or more responsible bidders furnishing the required security  submit
     3  identical  bids as to price, such officer, board or agency may award the
     4  contract  to  any of such bidders. Such officer, board or agency may, in
     5  his or her or its discretion, reject all bids and  readvertise  for  new
     6  bids  in  the manner provided by this section.  In determining whether a
     7  purchase is an expenditure within the  discretionary  threshold  amounts
     8  established by this subdivision, the officer, board or agency of a poli-
     9  tical  subdivision or of any district therein shall consider the reason-
    10  ably expected aggregate amount of all purchases of the same commodities,
    11  services or  technology  to  be  made  within  the  twelve-month  period
    12  commencing  on  the date of purchase. Purchases of commodities, services
    13  or technology shall not be  artificially  divided  for  the  purpose  of
    14  satisfying  the  discretionary  buying  thresholds  established  by this
    15  subdivision. A change to or a renewal of a discretionary purchase  shall
    16  not  be  permitted  if  the change or renewal would bring the reasonably
    17  expected aggregate amount of all  purchases  of  the  same  commodities,
    18  services  or  technology  from the same provider within the twelve-month
    19  period commencing on the date of the first purchase to an amount greater
    20  than the discretionary buying threshold amount.  For  purposes  of  this
    21  section,  "sealed  bids",  as  that  term applies to purchase contracts,
    22  shall  include  bids  submitted  in  an  electronic   format   including
    23  submission  of  the  statement  of non-collusion required by section one
    24  hundred three-d of this article, provided that the  governing  board  of
    25  the political subdivision or district, by resolution, has authorized the
    26  receipt  of  bids  in  such  format. Submission in electronic format may
    27  [not, however], for technology contracts only, be required as  the  sole
    28  method  for  the  submission  of  bids.  Bids submitted in an electronic
    29  format shall be transmitted by bidders to the  receiving  device  desig-
    30  nated  by  the  political  subdivision  or  district. Any method used to
    31  receive electronic bids shall comply with article  three  of  the  state
    32  technology law, and any rules and regulations promulgated and guidelines
    33  developed  thereunder  and, at a minimum, must (a) document the time and
    34  date of receipt of each bid received  electronically;  (b)  authenticate
    35  the  identity  of the sender; (c) ensure the security of the information
    36  transmitted; and (d) ensure the confidentiality of  the  bid  until  the
    37  time and date established for the opening of bids. The timely submission
    38  of  an  electronic bid in compliance with instructions provided for such
    39  submission in the advertisement for bids and/or the specifications shall
    40  be the responsibility solely of each bidder or  prospective  bidder.  No
    41  political subdivision or district therein shall incur any liability from
    42  delays  of  or  interruptions in the receiving device designated for the
    43  submission and receipt of electronic bids.
    44    § 2. Subdivision 1 of section 103 of the  general  municipal  law,  as
    45  amended  by  chapter  413  of  the  laws  of 1991, is amended to read as
    46  follows:
    47    1. Except as otherwise expressly provided by an act of the legislature
    48  or by a local law adopted prior to  September  first,  nineteen  hundred
    49  fifty-three,  all  contracts for public work involving an expenditure of
    50  more  than  [twenty]  thirty-five  thousand  dollars  and  all  purchase
    51  contracts  involving  an  expenditure of more than [ten] twenty thousand
    52  dollars, shall be awarded by the appropriate officer, board or agency of
    53  a political subdivision or of any district  therein  including  but  not
    54  limited  to  a  soil  conservation  district,  to the lowest responsible
    55  bidder furnishing the required security after advertisement  for  sealed
    56  bids  in  the manner provided by this section.  In determining whether a

        S. 6606--B                         182                        A. 9706--C
 
     1  purchase is an expenditure within the  discretionary  threshold  amounts
     2  established by this subdivision, the officer, board or agency of a poli-
     3  tical  subdivision or of any district therein shall consider the reason-
     4  ably expected aggregate amount of all purchases of the same commodities,
     5  services  or  technology  to  be  made  within  the  twelve-month period
     6  commencing on the date of purchase. Purchases of  commodities,  services
     7  or  technology  shall  not  be  artificially  divided for the purpose of
     8  satisfying the  discretionary  buying  thresholds  established  by  this
     9  subdivision.  A change to or a renewal of a discretionary purchase shall
    10  not be permitted if the change or renewal  would  bring  the  reasonably
    11  expected  aggregate  amount  of  all  purchases of the same commodities,
    12  services or technology from the same provider  within  the  twelve-month
    13  period commencing on the date of the first purchase to an amount greater
    14  than  the  discretionary  buying  threshold  amount. In any case where a
    15  responsible bidder's gross price is reducible by an  allowance  for  the
    16  value  of  used machinery, equipment, apparatus or tools to be traded in
    17  by a political subdivision, the gross price  shall  be  reduced  by  the
    18  amount of such allowance, for the purpose of determining the low bid. In
    19  cases  where  two  or  more  responsible bidders furnishing the required
    20  security submit identical bids as to price, such officer, board or agen-
    21  cy may award the contract to any of such bidders. Such officer, board or
    22  agency may, in his, her or its discretion, reject all bids and  readver-
    23  tise for new bids in the manner provided by this section.
    24    §  3.  Subdivision  5  of section 103 of the general municipal law, as
    25  amended by chapter 413 of the laws  of  1991,  is  amended  to  read  as
    26  follows:
    27    5.  Upon  the  adoption  of  a resolution by a vote of at least three-
    28  fifths of all the members of the governing body of a political  subdivi-
    29  sion  or  district  therein  stating  that, for reasons of efficiency or
    30  economy, there is need for standardization,  purchase  contracts  for  a
    31  particular type or kind of equipment, material or supplies [of more than
    32  ten  thousand  dollars]  in  excess  of the monetary threshold fixed for
    33  purchase contracts in this section may be  awarded  by  the  appropriate
    34  officer,  board  or  agency  of  such  political subdivision or any such
    35  district therein,  to  the  lowest  responsible  bidder  furnishing  the
    36  required  security  after  advertisement for sealed bids therefor in the
    37  manner provided in this section. Such resolution shall  contain  a  full
    38  explanation of the reasons for its adoption.
    39    § 4. Section 103-d of the general municipal law, as amended by chapter
    40  675 of the laws of 1966, is amended to read as follows:
    41    § 103-d. Statement of non-collusion in bids and proposals to political
    42  subdivision  of  the state. 1. Every bid or proposal hereafter made to a
    43  political subdivision of the state or any public department,  agency  or
    44  official thereof where competitive bidding is required by statute, rule,
    45  regulation  or  local  law,  for  work  or  services  performed or to be
    46  performed or goods sold or to  be  sold,  shall  contain  the  following
    47  statement  subscribed  by the bidder and affirmed by such bidder as true
    48  under the penalties of perjury: Non-collusive bidding certification.
    49    "(a) By submission of this bid, each bidder and each person signing on
    50  behalf of any bidder certifies, and in the case  of  a  joint  bid  each
    51  party  thereto  certifies  as  to its own organization, under penalty of
    52  perjury, that to the best of knowledge and belief:
    53    (1) The prices in this bid have been arrived at independently  without
    54  collusion, consultation, communication, or agreement, for the purpose of
    55  restricting  competition,  as to any matter relating to such prices with
    56  any other bidder or with any competitor;

        S. 6606--B                         183                        A. 9706--C
 
     1    (2) Unless otherwise required by law, the prices which have been quot-
     2  ed in this bid have not been knowingly disclosed by the bidder and  will
     3  not  knowingly  be disclosed by the bidder prior to opening, directly or
     4  indirectly, to any other bidder or to any competitor; and
     5    (3)  No  attempt has been made or will be made by the bidder to induce
     6  any other person, partnership or corporation to submit or not to  submit
     7  a bid for the purpose of restricting competition. "
     8    (a-1)  Notwithstanding  the  foregoing, the statement of non-collusion
     9  may be submitted electronically in accordance  with  the  provisions  of
    10  subdivision  one  of  section one hundred three of the general municipal
    11  law.
    12    (b) A bid shall not be considered for award nor  shall  any  award  be
    13  made  where  (a)  (1)  (2)  and  (3)  above have not been complied with;
    14  provided however, that if in any case the bidder cannot make the forego-
    15  ing certification, the bidder shall so state and shall furnish with  the
    16  bid  a signed statement which sets forth in detail the reasons therefor.
    17  Where (a) (1) (2) and (3) above have not been  complied  with,  the  bid
    18  shall not be considered for award nor shall any award be made unless the
    19  head of the purchasing unit of the political subdivision, public depart-
    20  ment, agency or official thereof to which the bid is made, or his desig-
    21  nee,  determines  that  such  disclosure was not made for the purpose of
    22  restricting competition.
    23    The fact that a bidder  (a)  has  published  price  lists,  rates,  or
    24  tariffs  covering  items  being  procured,  (b) has informed prospective
    25  customers of proposed or pending publication of  new  or  revised  price
    26  lists  for such items, or (c) has sold the same items to other customers
    27  at the same prices being bid,  does  not  constitute,  without  more,  a
    28  disclosure within the meaning of subparagraph one (a).
    29    2. Any bid hereafter made to any political subdivision of the state or
    30  any  public department, agency or official thereof by a corporate bidder
    31  for work or services performed or to be performed or goods sold or to be
    32  sold, where competitive bidding is  required  by  statute,  rule,  regu-
    33  lation,  or  local  law,  and  where such bid contains the certification
    34  referred to in subdivision one of this section, shall be deemed to  have
    35  been  authorized  by  the  board  of  directors  of the bidder, and such
    36  authorization shall be deemed to include the signing and  submission  of
    37  the bid and the inclusion therein of the certificate as to non-collusion
    38  as the act and deed of the corporation.
    39    § 5. Intentionally omitted.
    40    § 6. Intentionally omitted.
    41    § 7. Intentionally omitted.
    42    § 8. Intentionally omitted.
    43    § 9. Intentionally omitted.
    44    §  10. Subdivision 7 of section 163 of the state finance law, as sepa-
    45  rately amended by sections 12 and 20 of chapter 137 of the laws of 2008,
    46  is amended and a new subdivision 7-a is added to read as follows:
    47    7. Method of procurement. Consistent with the requirements of subdivi-
    48  sions three and four of this section, state agencies shall select  among
    49  permissible  methods  of  procurement  including, but not limited to, an
    50  invitation for bid, request for proposals or other means of solicitation
    51  pursuant to guidelines issued by the state  procurement  council.  State
    52  agencies  may  accept  bids  electronically  including submission of the
    53  statement of non-collusion required by section one hundred thirty-nine-d
    54  of this chapter and may, for technology contracts [only,] and, in  addi-
    55  tion,  for  the period from July first, two thousand ten, to July first,
    56  two thousand twelve, fuels  (home  heating,  diesel,  gasoline,  natural

        S. 6606--B                         184                        A. 9706--C
 
     1  gas),  road  salt,  recycled paper, tires, telecommunications equipment,
     2  industrial supplies (tools, equipment), bituminous  materials,  drainage
     3  and  culvert  pipe,  and  road  aggregate  (gravel),  require electronic
     4  submission  as the sole method for the submission of bids for the solic-
     5  itation, provided that the agency has made a determination, which  shall
     6  be documented in the procurement record, that such method affords a fair
     7  and  equal  opportunity for offerers to submit responsive offers. Except
     8  where otherwise provided by law, procurements shall be competitive,  and
     9  state  agencies  shall  conduct  formal  competitive procurements to the
    10  maximum extent practicable. State agencies shall document  the  determi-
    11  nation  of  the  method  of  procurement  and  the basis of award in the
    12  procurement record. Where the basis for award is the best  value  offer,
    13  the  state  agency  shall  document,  in  the  procurement record and in
    14  advance of the initial receipt of offers, the determination of the eval-
    15  uation criteria, which whenever possible, shall be quantifiable, and the
    16  process to be used in the determination of best value and the manner  in
    17  which the evaluation process and selection shall be conducted.
    18    7-a. On or before February first, two thousand twelve, the commission-
    19  er  of the office of general services shall submit to the speaker of the
    20  assembly and the temporary president of the senate a report describing:
    21    (a) the number of times the office of general services required  elec-
    22  tronic  submission  as  the sole method by which bids could be submitted
    23  for the period from July first, two thousand ten through December  thir-
    24  ty-first, two thousand eleven;
    25    (b)  the  estimated  savings to the state as a result of the office of
    26  general services requiring electronic submission as the sole  method  by
    27  which  bids  could  be  submitted  in response to a solicitation and the
    28  basis on which the estimate is made;
    29    (c) to the extent practicable, the  size,  minority-  and  women-owned
    30  business  enterprise  composition  and  geographic distribution of those
    31  vendors that submitted bids in response to an office of general services
    32  solicitation where electronic submission was the sole  method  by  which
    33  bids could be submitted for the period from July first, two thousand ten
    34  to December thirty-first, two thousand eleven; and
    35    (d)  to  the  extent  practicable, the size, minority- and women-owned
    36  business enterprise composition and  geographic  distribution  of  those
    37  vendors that submitted bids in response to an office of general services
    38  solicitation  for those contracts described in subdivision seven of this
    39  section for the period from July first, two thousand eight through  June
    40  thirtieth, two thousand ten.
    41    §  11.  Subdivision  1  of  section  139-d of the state finance law is
    42  amended by adding a new paragraph (a-1) to read as follows:
    43    (a-1) Notwithstanding the foregoing, the  statement  of  non-collusion
    44  may  be  submitted  electronically  in accordance with the provisions of
    45  subdivision seven of  section  one  hundred  sixty-three  of  the  state
    46  finance law.
    47    §  12.  Section  20 of the public buildings law, as amended by chapter
    48  640 of the laws of 1989, is amended to read as follows:
    49    § 20. Work done  by  special  order.    The  commissioner  of  general
    50  services  shall  determine  when  minor  work  of  construction,  recon-
    51  struction, alteration or repair of any state building  may  be  done  by
    52  special  order.  Special  orders  for  such  work  shall  be  short-form
    53  contracts approved by the attorney general and by  the  comptroller.  No
    54  work  shall  be  done by special order in an amount in excess of [fifty]
    55  one hundred thousand dollars and  a  bond  shall  not  be  required  for
    56  special  orders.  No  work  shall  be  done  by special order unless the

        S. 6606--B                         185                        A. 9706--C
 
     1  commissioner has presented to the comptroller evidence that he has  made
     2  a diligent effort to obtain competition sufficient to protect the inter-
     3  ests of the state prior to selecting the contractor to perform the work.
     4  Notwithstanding  the  provisions  of subdivision two of section eight of
     5  this chapter, work done by special  order  under  this  section  may  be
     6  advertised solely through the regular public notification service of the
     7  office of general services.  At least five days shall elapse between the
     8  first  publication  of  such public notice and the date so specified for
     9  the public opening of bids.   All payments on special  orders  shall  be
    10  made  on  the  certificate  of  the commissioner of general services and
    11  audited and approved by the state comptroller. All special orders  shall
    12  contain  a  clause that the special order shall only be deemed executory
    13  to the extent of the moneys available and no liability shall be incurred
    14  by the state beyond the moneys available for the purpose.
    15    § 12-a. Intentionally omitted.
    16    § 13. This act shall take effect immediately and shall  apply  to  any
    17  contract let or awarded on or after such date; provided, however, that:
    18    1.  the  amendments  to  subdivision  1  of section 103 of the general
    19  municipal law made by section one of this act shall not affect the expi-
    20  ration and reversion of such subdivision as provided in subdivision  (a)
    21  of  section  41 of part X of chapter 62 of the laws of 2003, as amended,
    22  when upon such date the provisions of section two of this act shall take
    23  effect; and
    24    2. the amendments to section 103-d of the general municipal  law  made
    25  by  section  four of this act shall expire and be deemed repealed on the
    26  same date and in the same manner as section 4 of part X of chapter 62 of
    27  the laws of 2003, as provided in subdivision (a) of section 41 of part X
    28  of chapter 62 of the laws of 2003, as amended; and
    29    3. the amendments to subdivision 7 of section 163 of the state finance
    30  law made by section ten of this act shall not affect the repeal of  such
    31  subdivision and shall be deemed repealed therewith; and
    32    4.  the  amendments  to section 139-d of the state finance law made by
    33  section eleven of this act shall expire and be deemed  repealed  on  the
    34  same date and in the same manner as section 33 of chapter 83 of the laws
    35  of  1995,  as  provided in subdivision 5 of section 362 of chapter 83 of
    36  the laws of 1995, as amended.
 
    37                                   PART GG
 
    38    Intentionally omitted.
 
    39                                   PART HH
 
    40    Intentionally omitted.
 
    41                                   PART II
 
    42    Intentionally omitted.
 
    43                                   PART JJ
 
    44    Section 1. The state comptroller is hereby authorized and directed  to
    45  loan  money in accordance with the provisions set forth in subdivision 5
    46  of section 4 of the state finance law  to  the  following  funds  and/or
    47  accounts:
    48    1. Tuition reimbursement fund (050):

        S. 6606--B                         186                        A. 9706--C
 
     1    a. Tuition reimbursement account (01).
     2    b. Proprietary vocational school supervision account (02).
     3    2. Local government records management improvement fund (052):
     4    a. Local government records management account (01).
     5    3. Dedicated highway and bridge trust fund (072):
     6    a. Highway and bridge capital account (01).
     7    4. State University Residence Hall Rehabilitation Fund (074).
     8    5. State parks infrastructure trust fund (076):
     9    a. State parks infrastructure account (01).
    10    6. Clean water/clean air implementation fund (079).
    11    7. State lottery fund (160):
    12    a. Education - New (03).
    13    b. VLT - Sound basic education fund (06).
    14    8. Medicaid management information system escrow fund (179).
    15    9.  Federal  operating  grants  fund (290) federal capital grants fund
    16  (291).
    17    10. Sewage treatment program management and administration fund (300).
    18    11. Environmental conservation special revenue fund (301):
    19    a. Hazardous bulk storage account (F7).
    20    b. Utility environmental regulation account (H4).
    21    c. Low level radioactive waste siting account (K5).
    22    d. Recreation account (K6).
    23    e. Conservationist magazine account (S4).
    24    f. Environmental regulatory account (S5).
    25    g. Natural resource account (S6).
    26    h. Mined land reclamation program account (XB).
    27    i. Federal grants indirect cost recovery account (IC).
    28    12. Environmental protection and oil spill compensation fund (303).
    29    13. Hazardous waste remedial fund (312):
    30    a. Site investigation and construction account (01).
    31    b. Hazardous waste remedial clean up account (06).
    32    14. Mass transportation operating assistance fund (313):
    33    a. Public transportation systems account (01).
    34    b. Metropolitan mass transportation (02).
    35    15. Clean air fund (314):
    36    a. Operating permit program account (01).
    37    b. Mobile source account (02).
    38    16. Centralized services fund (323).
    39    17. State exposition special fund (325).
    40    18. Agency enterprise fund (331):
    41    a. OGS convention center account (55).
    42    19. Agencies internal service fund (334):
    43    a. Archives records management account (02).
    44    b. Federal single audit account (05).
    45    c. Civil service law: sec 11 admin account (09).
    46    d. Civil service EHS occupational health program account (10).
    47    e. Banking services account (12).
    48    f. Cultural resources survey account (14).
    49    g. Neighborhood work project (17).
    50    h. Automation & printing chargeback account (18).
    51    i. OFT NYT account (20).
    52    j. Data center account (23).
    53    k. Human service telecom account (24).
    54    l. Centralized Technology services account (30).
    55    m. OMRDD copy center account (26).
    56    n. Intrusion detection account (27).

        S. 6606--B                         187                        A. 9706--C
 
     1    o. Domestic violence grant account (28).
     2    p. Learning management system account.
     3    20. Miscellaneous special revenue fund (339):
     4    a. Statewide planning and research cooperative system account (03).
     5    b. OMRDD provider of service account (05).
     6    c. New York state thruway authority account (08).
     7    d. Mental hygiene patient income account (13).
     8    e. Financial control board account (15).
     9    f. Regulation of racing account (16).
    10    g. New York metropolitan transportation council account (17).
    11    h. Quality of care account (20).
    12    i. Cyber upgrade account (25).
    13    j. Certificate of need account (26).
    14    k. Hospital and nursing home management account (44).
    15    l. State university dormitory income reimbursable account (47).
    16    m. Energy research account (60).
    17    n. Criminal justice improvement account (62).
    18    o. Fingerprint identification and technology account (68).
    19    p. Environmental laboratory reference fee account (81).
    20    q. Clinical laboratory reference system assessment account (90).
    21    r. Public employment relations board account (93).
    22    s. Radiological health protection account (95).
    23    t. Teacher certification account (A4).
    24    u. Banking department account (A5).
    25    v. Cable television account (A6).
    26    w. Indirect cost recovery account (AH).
    27    x. High school equivalency program account (AI).
    28    y. Rail safety inspection account (AQ).
    29    z. Child support revenue account (AX).
    30    aa. Multi-agency training account (AY).
    31    bb. Critical infrastructure account (B3).
    32    cc. Insurance department account (B6).
    33    dd. Bell jar collection account (BJ).
    34    ee. Industry and utility service account (BK).
    35    ff. Real property disposition account (BP).
    36    gg. Parking account (BQ).
    37    hh. Asbestos safety training program account (BW).
    38    ii. Improvement of real property tax administration account (BZ).
    39    jj. Public service account (C3).
    40    kk. Batavia school for the blind account (D9).
    41    ll. Investment services account (DC).
    42    mm. Surplus property account (DE).
    43    nn. OMRDD day services account (DH).
    44    oo. Financial oversight account (DI).
    45    pp. Regulation of indian gaming account (DT).
    46    qq. Special conservation activities account (CU).
    47    rr. Interest assessment account (DZ).
    48    ss. Office of the professions account (E3).
    49    tt. Rome school for the deaf account (E6).
    50    uu. Seized assets account (E8).
    51    vv. Administrative adjudication account (E9).
    52    ww. Federal salary sharing account (EC).
    53    xx. Cultural education account (EN).
    54    yy. Examination and miscellaneous revenue account (ER).
    55    zz. Transportation regulation account (F1).
    56    aaa. Local services account (G3).

        S. 6606--B                         188                        A. 9706--C
 
     1    bbb.  Electronic  benefit  transfer  and common benefit identification
     2  card account (GD).
     3    ccc. Housing special revenue account (H2).
     4    ddd. Department of motor vehicles compulsory insurance account (H7).
     5    eee. Housing Indirect cost recovery (HI).
     6    fff. Housing credit agency application fee account (J5).
     7    ggg. EPIC premium account (J6).
     8    hhh. Federal gasoline and diesel fuel excise tax account (L6).
     9    iii. OTDA earned revenue account (L7).
    10    jjj. Low income housing credit monitoring fee account (NG).
    11    kkk. Procurement opportunities newsletter account (P4).
    12    lll. Corporation administration account (P6).
    13    mmm. Montrose veteran's home account (Q6).
    14    nnn. Excelsior capital corporation reimbursement account (R1).
    15    ooo. Motor fuel quality account (R4).
    16    ppp. Deferred compensation administration account (R7).
    17    qqq. Rent revenue other account (RR).
    18    rrr. Batavia medicaid income account (S1).
    19    sss. Rent revenue account (S8).
    20    ttt. Tax revenue arrearage account (TR).
    21    uuu. Solid waste management account (W3).
    22    vvv. Occupational health clinics account (W4).
    23    www. Capacity contracting (XU).
    24    xxx. Point insurance reduction program account.
    25    yyy. Internet point insurance reduction program account.
    26    zzz. Mental hygiene program fund account (10).
    27    aaaa. Third party debt collection account.
    28    21. State university income fund (345):
    29    a. State university general income offset account (11).
    30    22. State police and motor vehicle law enforcement fund (354):
    31    a. State police motor vehicle law enforcement account (02).
    32    23. Youth facilities improvement fund (357):
    33    a. Youth facilities improvement account (01).
    34    24. Highway safety program fund (362):
    35    a. Highway safety program account (01).
    36    25. Drinking water program management and administration fund (366):
    37    a. EFC drinking water program account (01).
    38    b. DOH drinking water program account (02).
    39    26. New York city county clerks offset fund (368):
    40    a. NYCCC operating offset account (01).
    41    27. Housing assistance fund (374).
    42    28. Housing program fund (376).
    43    29. Department of transportation - engineering services fund (380):
    44    a. Highway facility purpose account (01).
    45    30. Miscellaneous capital projects fund (387):
    46    a. Clean air capital account (08).
    47    b. New York racing account.
    48    31. Mental hygiene facilities capital improvement fund (389).
    49    32. Joint labor/management administration fund (394):
    50    a. Joint labor/management administration fund (01).
    51    33. Audit and control revolving fund (395):
    52    a. Executive direction internal audit account (04).
    53    34. Health insurance internal service fund (396):
    54    a. Health insurance internal service account (00).
    55    b. Civil service employee benefits div admin (01).
    56    35. Correctional industries revolving fund (397).

        S. 6606--B                         189                        A. 9706--C
 
     1    36. Correctional facilities capital improvement fund (399).
     2    37. HCRA resources fund (061):
     3    a. EPIC premium account (J6).
     4    b. Maternal and child HIV services account (LC).
     5    c. Hospital based grants program account (AF).
     6    d. Child health plus program account (29).
     7    § 1-a. The state comptroller is hereby authorized and directed to loan
     8  money  in  accordance  with the provisions set forth in subdivision 5 of
     9  section 4 of the state finance law to any account within  the  following
    10  federal  funds,  provided  the comptroller has made a determination that
    11  sufficient federal grant award authority is available to reimburse  such
    12  loans:
    13    1. Federal USDA-food nutrition services fund (261).
    14    2. Federal health and human services fund (265).
    15    3. Federal education grants fund (267).
    16    4. Federal block grant fund (269).
    17    5. Federal operating grants fund (290).
    18    6. Federal capital projects fund (291).
    19    7. Federal unemployment insurance administration fund (480).
    20    8. Federal unemployment insurance occupational training fund (484).
    21    9. Federal employment and training grants (486).
    22    §  2.  Notwithstanding any law to the contrary, and in accordance with
    23  section 4 of the state finance law, the comptroller is hereby authorized
    24  and directed to transfer, upon request of the director of the budget, on
    25  or before March 31, 2011, up to the unencumbered balance or the  follow-
    26  ing amounts:
    27    Economic Development and Public Authorities:
    28    1.  $100,000  from the miscellaneous special revenue fund (339) under-
    29  ground facilities safety training account (US), to the general fund.
    30    2. An amount up to the unencumbered  balance  from  the  miscellaneous
    31  special  revenue  fund  (339),  business  and licensing services account
    32  (AG), to the general fund.
    33    3. $14,810,000 from the miscellaneous special revenue fund (339), code
    34  enforcement account (07), to the general fund.
    35    Education:
    36    1. $2,231,000,000 from the general fund  to  the  state  lottery  fund
    37  (160),  education  account (03), as reimbursement for disbursements made
    38  from such fund for supplemental aid to  education  pursuant  to  section
    39  92-c of the state finance law that are in excess of the amounts deposit-
    40  ed  in  such  fund for such purposes pursuant to section 1612 of the tax
    41  law.
    42    2. $862,000,000 from the general fund to the state lottery fund (160),
    43  VLT education account (06), as reimbursement for disbursements made from
    44  such fund for supplemental aid to education pursuant to section 92-c  of
    45  the  state  finance  law  that are in excess of the amounts deposited in
    46  such fund for such purposes pursuant to section 1612 of the tax law.
    47    3. Moneys from the state lottery fund (160) up to an amount  deposited
    48  in  such  fund  pursuant to section 1612 of the tax law in excess of the
    49  current year appropriation for supplemental aid to education pursuant to
    50  section 92-c of the state finance law.
    51    4. $300,000 from the local government records  management  improvement
    52  fund (052) to the archives partnership trust fund (024).
    53    5. $700,000 from the general fund to the miscellaneous special revenue
    54  fund (339), Batavia school for the blind account (D9).
    55    6. $400,000 from the general fund to the miscellaneous special revenue
    56  fund (339), Rome school for the deaf account (E6).

        S. 6606--B                         190                        A. 9706--C
 
     1    7.  $1,500,000  from  the general fund for the private schools for the
     2  blind and deaf may be transferred to the department of health  miscella-
     3  neous  special  revenue  fund (339), quality assurance and audit revenue
     4  activities account (GB). Notwithstanding any other law,  rule  or  regu-
     5  lation  to  the  contrary,  funds shall be available for transfer to the
     6  department of health miscellaneous special revenue fund  (339),  quality
     7  assurance  and  audit revenue activities account (GB), upon the approval
     8  by the director of the budget of a staffing and expenditure plan  devel-
     9  oped  by  the department of health in consultation with the state educa-
    10  tion department.
    11    8. $55,000,000 from the state university dormitory income  fund  (330)
    12  to the state university residence hall rehabilitation fund (074).
    13    9.  $315,000,000 from the state university dormitory income fund (330)
    14  to the miscellaneous special revenue fund (339), state university dormi-
    15  tory income reimbursable account (47).
    16    10. $1,000,000 from the  miscellaneous  special  revenue  fund  (339),
    17  cultural  education  account  (EN), to the miscellaneous special revenue
    18  fund (339), summer school of the arts account (38).
    19    11. $24,000,000 from any of the  state  education  department  special
    20  revenue  and internal service funds to the miscellaneous special revenue
    21  fund (339), indirect cost recovery account (AH).
    22    12. $8,318,000 from the general fund to the  state  university  income
    23  fund (345), state university income offset account (11), for the state's
    24  share of repayment of the STIP loan.
    25    13.  Up  to  $4,000,000  from  the  miscellaneous special revenue fund
    26  (339), office of the professions  account  (E3),  to  the  miscellaneous
    27  special  revenue fund (339), education assessment account, notwithstand-
    28  ing the provisions of subdivision 3  of  section  97-nnn  of  the  state
    29  finance  law,  or  any  other  law,  rule or regulation to the contrary,
    30  subject to the approval of the director of the budget of an  expenditure
    31  plan submitted by the commissioner of education.
    32    Environmental Affairs:
    33    1.  $500,000  from  the department of transportation's federal capital
    34  projects fund (291) to the office of parks and recreation federal  oper-
    35  ating grants fund (290), miscellaneous operating grants account.
    36    2.  $5,000,000  from  the general fund to the hazardous waste remedial
    37  fund (312), hazardous waste remediation oversight and assistance account
    38  (00).
    39    3. $16,000,000 from any of the department of  environmental  conserva-
    40  tion's  special  revenue federal funds to the special revenue fund (301)
    41  federal grant indirect cost recovery account.
    42    4. $3,000,000 from any of the office of parks, recreation and historic
    43  preservation capital projects federal funds and special revenue  federal
    44  funds  to  the  special  revenue  fund (339) federal grant indirect cost
    45  recovery account (Z1).
    46    5. $1,000,000 from any of the office of parks, recreation and historic
    47  preservation special revenue federal funds to the special  revenue  fund
    48  (339), I love NY water account (39).
    49    6.  $105,000  from the state exposition special fund (325), state fair
    50  receipts account (01), to the general fund.
    51    7. $10,000,000 from resources made available through the use  of  bond
    52  financing  for  activities  in  the environmental protection fund (078),
    53  environmental protection transfer account (01), to the general fund.
    54    Family Assistance:
    55    1. $10,000,000 from any of the office of children and family services,
    56  office of temporary and disability assistance, or department  of  health

        S. 6606--B                         191                        A. 9706--C
 
     1  special  revenue  federal funds and the general fund, in accordance with
     2  agreements with social services districts, to the miscellaneous  special
     3  revenue  fund  (339),  office of human resources development state match
     4  account (2C).
     5    2.  $3,000,000  from any of the office of children and family services
     6  or office of temporary and disability assistance special revenue federal
     7  funds to the miscellaneous special revenue fund (339), family  preserva-
     8  tion and support services and family violence services account (GC).
     9    3.  $6,000,000  from any of the office of children and family services
    10  special revenue federal  funds  to  the  general  fund  for  title  IV-E
    11  reimbursement of youth facility costs.
    12    4. $28,000,000 from any of the office of children and family services,
    13  office  of  temporary and disability assistance, or department of health
    14  special revenue federal  funds  and  any  other  miscellaneous  revenues
    15  generated  from  the operation of office of children and family services
    16  programs to the miscellaneous special  revenue  fund  (339),  office  of
    17  children and family services income account (AR).
    18    5.  $10,000,000 from any of the office of children and family services
    19  or office of temporary and disability assistance special  revenue  funds
    20  or  the  general  fund  to the miscellaneous special revenue fund (339),
    21  connections account (WK).
    22    6. $41,000,000 from any of the  office  of  temporary  and  disability
    23  assistance  accounts  within  the federal health and human services fund
    24  (265) to the general fund.
    25    7. $8,300,000 from any of  the  office  of  temporary  and  disability
    26  assistance  accounts  within  the federal health and human services fund
    27  (265) to the miscellaneous special revenue fund  (339),  client  notices
    28  account (EG).
    29    8.  $100,728,000  from  any  of the office of temporary and disability
    30  assistance, department of  health  or  office  of  children  and  family
    31  services special revenue funds to the miscellaneous special revenue fund
    32  (339),  office  of  temporary  and  disability assistance earned revenue
    33  account (L7).
    34    9. $2,500,000 from any of  the  office  of  temporary  and  disability
    35  assistance  or  office  of  children and family services special revenue
    36  federal funds to the miscellaneous special revenue fund (339), office of
    37  temporary and disability assistance program account (AL).
    38    10. $50,000,000  from  any  of  the  office  of  children  and  family
    39  services,  office  of temporary and disability assistance, department of
    40  labor, and department of health special revenue  federal  funds  to  the
    41  office  of  children  and  family services miscellaneous special revenue
    42  fund (339), multi-agency training contract account (AY).
    43    11. $24,170,000 from the office of temporary and disability assistance
    44  federal health and  human  services  fund  (265)  to  the  miscellaneous
    45  special revenue fund (339), child support revenue account (AX).
    46    12. $6,300,000 from any of the office of children and family services,
    47  office  of  temporary and disability assistance, department of labor, or
    48  department of health special revenue funds to the  office  of  temporary
    49  and  disability  assistance  miscellaneous  special  revenue fund (339),
    50  multi-agency systems development account (MD).
    51    13. $10,073,000 from any of the office  of  temporary  and  disability
    52  assistance  special  revenue federal funds, to the miscellaneous special
    53  revenue fund (339), OTDA training contract account (48).
    54    14. $222,000,000 from the miscellaneous special  revenue  fund  (339),
    55  youth facility per Diem account (YF), to the general fund.

        S. 6606--B                         192                        A. 9706--C
 
     1    15.  $10,000,000  from  any  of the office of temporary and disability
     2  assistance special revenue federal funds, to the  miscellaneous  special
     3  revenue fund (339), electronic benefit transfer and common benefit iden-
     4  tification card account (GD).
     5    16. $1,381,800 from the general fund to the combined gifts, grants and
     6  bequests fund (020), WB Hoyt Memorial account (78).
     7    17.  $7,000,000  from  any  of  the office of temporary and disability
     8  assistance accounts within the federal health and  human  services  fund
     9  (265), to the general fund.
    10    18.  $1,300,000  from  any  of  the office of temporary and disability
    11  assistance and department of health special revenue federal funds to the
    12  miscellaneous special  revenue  fund  (339)  welfare  inspector  general
    13  administrative reimbursement account (WW).
    14    General Government:
    15    1. $1,545,000 from the miscellaneous special revenue fund (339), exam-
    16  ination and miscellaneous revenue account (ER) to the general fund.
    17    2. $12,500,000 from the general fund to the health insurance revolving
    18  fund (396).
    19    3.  $192,400,000 from the health insurance reserve receipts fund (167)
    20  to the general fund.
    21    4. $150,000 from the general fund to the not-for-profit revolving loan
    22  fund (055).
    23    5. $150,000 from the not-for-profit revolving loan fund (055)  to  the
    24  general fund.
    25    6. $11,000,000 from the miscellaneous special revenue fund (339), real
    26  property disposition account (BP), to the general fund.
    27    7.  $3,000,000  from  the  miscellaneous  special  revenue fund (339),
    28  surplus property account (DE), to the general fund.
    29    8. $22,335,000 from the general  fund  to  the  miscellaneous  special
    30  revenue fund (339), alcoholic beverage control account (DB).
    31    9.  $2,000,000  from  the  miscellaneous  special  revenue fund (339),
    32  federal liability account (FL), to the general fund.
    33    10. $23,000,000 from the miscellaneous  special  revenue  fund  (339),
    34  revenue arrearage account (CR), to the general fund.
    35    11.  $1,826,000  from  the  miscellaneous  special  revenue fund (339)
    36  revenue arrearage account (CR), to  the  miscellaneous  special  revenue
    37  fund (339) authority budget office account.
    38    12.  $60,000,000  from  any account within the special revenue federal
    39  funds receiving money pursuant to federal Medicare Part D legislation to
    40  the general fund.
    41    13. $11,000,000 from the general fund  to  the  miscellaneous  special
    42  revenue fund (339), statewide financial system account (FM).
    43    14.  $1,000,000  from  the  miscellaneous  special revenue fund (339),
    44  parking services account (BQ), to the general debt service  fund  (311),
    45  general debt service account.
    46    15.  $2,000,000  from  the  miscellaneous  special revenue fund (339),
    47  procurement account (CH), to the general fund.
    48    16. $10,000,000 from the centralized services fund (323), OGS building
    49  administration account (ZY), to the general fund.
    50    Health:
    51    1. $12,000,000 from any of the department of  health  accounts  within
    52  the federal health and human services fund (265) to the general fund.
    53    2.  $139,560,000  from any of the department of health accounts within
    54  the federal health and human services fund (265)  to  the  miscellaneous
    55  special revenue fund (339), quality of care account (20).

        S. 6606--B                         193                        A. 9706--C
 
     1    3.  $1,000,000 from the general fund to the combined gifts, grants and
     2  bequests fund (020), breast cancer research and education account  (BD),
     3  an  amount equal to the monies collected and deposited into that account
     4  in the previous fiscal year.
     5    4. $2,464,000 from any of the department of health accounts within the
     6  federal health and human services fund (265) to the department of health
     7  miscellaneous   special  revenue  fund  (339),  statewide  planning  and
     8  research cooperation system (SPARCS) program account (03).
     9    5. $250,000 from the general fund to the combined  gifts,  grants  and
    10  bequests  fund (020), prostate cancer research, detection, and education
    11  account (PR), an amount equal to the moneys collected and deposited into
    12  that account in the previous fiscal year.
    13    6. $500,000 from the general fund to the combined  gifts,  grants  and
    14  bequests fund (020), Alzheimer's disease research and assistance account
    15  (AA),  an  amount  equal to the moneys collected and deposited into that
    16  account in the previous fiscal year.
    17    7. $1,000,000 from  the  miscellaneous  special  revenue  fund  (339),
    18  administration account (AP), to the general fund.
    19    8.  $600,000,000  from any of the department of health accounts within
    20  the federal health and human services fund (265)  to  the  miscellaneous
    21  special  revenue  fund  (339),  federal  state health reform partnership
    22  account (FS).
    23    9. $70,000,000 from the general  fund  to  the  miscellaneous  special
    24  revenue fund (339) empire state stem cell trust fund account (SR).
    25    10.  $1,250,000  from  the  miscellaneous  New  York state agency fund
    26  (169), medical assistance account to the department of health  miscella-
    27  neous  special  revenue fund (339), third party health insurance account
    28  (35).
    29    11. $3,700,000 from the  miscellaneous  New  York  state  agency  fund
    30  (169),  medical  assistance  account to the office of medicaid inspector
    31  general miscellaneous special revenue fund (339), recoveries and revenue
    32  account (C9).
    33    Labor:
    34    1. $700,000 from the labor  standards  miscellaneous  special  revenue
    35  fund  (339),  fee  and  penalty  account  (30),  to  the child performer
    36  protection fund (025), child performer protection account (CP).
    37    2. $8,000,000 from the labor standards miscellaneous  special  revenue
    38  fund (339), fee and penalty account (30), to the general fund.
    39    3.  $10,500,000  from  the unemployment insurance interest and penalty
    40  special revenue fund (482), unemployment insurance special interest  and
    41  penalty account (01), to the general fund.
    42    4.  $2,700,000  from the labor standards miscellaneous special revenue
    43  fund (339), public work enforcement account (BA), to the general fund.
    44    5. $1,500,000 from the training and education program on  occupational
    45  safety  and health fund (305), occupational safety and health inspection
    46  account (02), to the general fund.
    47    Mental Hygiene:
    48    1. $5,000,000 from  the  miscellaneous  special  revenue  fund  (339),
    49  mental hygiene patient income account (13), to the miscellaneous special
    50  revenue fund (339), federal salary sharing account (EC).
    51    2.  $240,000,000  from  the  miscellaneous special revenue fund (339),
    52  mental hygiene patient income account (13) to the miscellaneous  special
    53  revenue fund (339), provider of service accounts (05).
    54    3.  $190,000,000  from  the  miscellaneous special revenue fund (339),
    55  mental hygiene program fund account (10) to  the  miscellaneous  special
    56  revenue fund (339), provider of service account (05).

        S. 6606--B                         194                        A. 9706--C
 
     1    4.  $150,000,000  from  the  general fund to the miscellaneous special
     2  revenue fund (339), mental hygiene patient income account (13).
     3    5.  $150,000,000  from  the  general fund to the miscellaneous special
     4  revenue fund (339), mental hygiene program fund account (10).
     5    6. $300,000,000 from the miscellaneous  special  revenue  fund  (339),
     6  mental hygiene program fund account (10) to the general fund.
     7    7.  $150,000,000  from  the  miscellaneous special revenue fund (339),
     8  mental hygiene patient income account (13) to the general fund.
     9    8. $750,000 from the federal  operating  grants  fund  (290),  to  the
    10  general fund.
    11    Public Protection:
    12    1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
    13  gency management account (61), to the general fund.
    14    2.  $3,300,000  from  the  general  fund  to the miscellaneous special
    15  revenue fund (339), recruitment incentive account (U2).
    16    3. $14,000,000 from the general fund to  the  correctional  industries
    17  revolving  fund  (397), correctional industries internal service account
    18  (00).
    19    4. $25,500,000 from the  miscellaneous  special  revenue  fund  (339),
    20  statewide  public  safety  communications account (LZ), to the miscella-
    21  neous special revenue fund (339), seized assets account (E8).
    22    5. $1,500,000 from  the  miscellaneous  special  revenue  fund  (339),
    23  statewide  public  safety  communications  account (LZ), to the combined
    24  gifts, grants and bequests fund (020), New York state emergency services
    25  revolving loan account (AU).
    26    6. $8,677,000 from  the  miscellaneous  special  revenue  fund  (339),
    27  statewide public safety communications account (LZ), to the general debt
    28  service fund (311), revenue bond tax account (02).
    29    7. $10,000,000 from federal miscellaneous operating grants fund (290),
    30  DMNA damage account (71), to the general fund.
    31    8.  $16,000,000  from  the  general  fund to the miscellaneous special
    32  revenue fund (339), crimes against revenue program account (CA).
    33    9. $2,000,000 from the general  fund  to  the  Attica  state  employee
    34  victims' fund (013).
    35    10.  $20,000,000  from  any office of homeland security account within
    36  the federal miscellaneous operating grants fund (290),  receiving  money
    37  through the homeland security grants program, to the general fund.
    38    11.  $11,500,000  from the federal miscellaneous operating grants fund
    39  (290) world trade center account, to the general fund.
    40    12. $13,000,000 from the  miscellaneous  special  revenue  fund  (339)
    41  criminal justice improvement account (62) to the general fund.
    42    13. $8,000,000 from the miscellaneous special revenue fund (390) indi-
    43  gent legal services fund (01) to the general fund.
    44    14.  $1,500,000  from  the  agency  enterprise fund (331) farm program
    45  account (FM), to the general fund.
    46    15. $45,000,000 from the miscellaneous  special  revenue  fund  (339),
    47  statewide  public  safety  communications  account  (LZ), to the general
    48  fund.
    49    16. $5,000,000 from the general  fund  to  the  miscellaneous  special
    50  revenue fund (339) legal services assistance account (IM).
    51    17.  $4,800,000  from  the federal miscellaneous operating grants fund
    52  (290) world trade center account, to the miscellaneous  special  revenue
    53  fund (339) New York alert account (NY).
    54    Transportation:

        S. 6606--B                         195                        A. 9706--C
 
     1    1.  $17,672,000  from  the federal miscellaneous operating grants fund
     2  (290) to the special revenue  fund  (339),  tri-state  federal  regional
     3  planning account (17).
     4    2.  $20,147,000  from  the  federal capital projects fund (291) to the
     5  special revenue fund (339), tri-state federal regional planning accounts
     6  (17).
     7    3. $14,300,000 from the  miscellaneous  special  revenue  fund  (339),
     8  compulsory insurance account (H7), to the general fund.
     9    4. $20,000,000 from the suburban transportation fund (327) to the mass
    10  transportation  operating  assistance fund (313), additional mass trans-
    11  portation fund account (06).
    12    5. $19,000,000 from the general fund to the mass transportation  oper-
    13  ating assistance fund (313) public transportation systems accounts (01).
    14    6.  $16,721,000 from the mass transportation operating assistance fund
    15  (313) metropolitan mass transit operating assistance  account  (02),  to
    16  the mass transportation operating assistance fund (313) public transpor-
    17  tation systems operating assistance account (01).
    18    7.  $764,736,000  from  the  general fund to the dedicated highway and
    19  bridge trust fund (072).
    20    8. $803,000 from the miscellaneous special revenue fund (339), surplus
    21  property account (42), to the general fund.
    22    9. $600,000 from the miscellaneous special revenue fund (339),  inter-
    23  net point insurance reduction program account (IC), to the general fund.
    24    Miscellaneous:
    25    1.  $75,000,000 from the general fund to any funds or accounts for the
    26  purpose of reimbursing certain outstanding accounts receivable balances.
    27    2. $250,000,000 from the general fund to the  debt  reduction  reserve
    28  fund (064).
    29    3.  $23,300,000  from  the  general  fund to the miscellaneous special
    30  revenue fund (339), improvement  of  real  property  tax  administrative
    31  account (BZ).
    32    §  3.  Notwithstanding any law to the contrary, and in accordance with
    33  section 4 of the state finance law, the comptroller is hereby authorized
    34  and directed to transfer, on or before March 31, 2011:
    35    1. Upon request of the commissioner of environmental conservation,  up
    36  to  $10,733,000 from revenues credited to any of the department of envi-
    37  ronmental conservation special revenue funds, including $3,135,800  from
    38  the  environmental protection and oil spill compensation fund (303), and
    39  $1,739,600 from  the  conservation  fund  (302),  to  the  environmental
    40  conservation special revenue fund (301), indirect charges account (BJ).
    41    2.  Upon request of the commissioner of agriculture and markets, up to
    42  $3,000,000 from any special revenue fund or enterprise fund  within  the
    43  department  of  agriculture  and  markets  to  the miscellaneous special
    44  revenue fund (339) administrative  costs  account,  to  pay  appropriate
    45  administrative expenses.
    46    3.  Upon request of the commissioner of agriculture and markets, up to
    47  $2,000,000 from the state exposition  special  fund  (325),  state  fair
    48  receipts  account (01) to the miscellaneous capital projects fund (387),
    49  state fair capital improvement account (13).
    50    4. Upon request of the commissioner of the  division  of  housing  and
    51  community  renewal, up to $2,911,000 from revenues credited to any divi-
    52  sion of housing and community renewal miscellaneous special revenue fund
    53  (339) to the agency cost recovery account (HI).
    54    5. Upon request of the commissioner of health up to  $15,000,000  from
    55  revenues  credited  to any of the department of health's special revenue

        S. 6606--B                         196                        A. 9706--C
 
     1  funds, to the miscellaneous special revenue fund  (339),  administration
     2  account (AP).
     3    §  4.  Notwithstanding  section  2815  of the public health law or any
     4  other contrary provision of law, upon the direction of the  director  of
     5  the  budget  and  the commissioner of health, the dormitory authority of
     6  the state of New York is directed  to  transfer  seven  million  dollars
     7  annually  from  funds  available  and  uncommitted in the New York state
     8  health care restructuring pool to the  health  care  reform  act  (HCRA)
     9  resources fund - HCRA resources account.
    10    §  5.  On  or before March 31, 2011, the comptroller is authorized and
    11  directed to transfer the unencumbered balance from  the  family  benefit
    12  fund (329) to the general fund.
    13    § 6. On or before March 31, 2011, the comptroller is hereby authorized
    14  and  directed  to  deposit  earnings  that would otherwise accrue to the
    15  general fund that are attributable to the operation of section  98-a  of
    16  the  state  finance  law,  to  the agencies internal service fund (334),
    17  banking services  account  (12),  for  the  purpose  of  meeting  direct
    18  payments from such account.
    19    §  7.  Notwithstanding  any law to the contrary, upon the direction of
    20  the director of the budget and upon requisition by state  university  of
    21  New  York,  the dormitory authority of the state of New York is directed
    22  to transfer, up to $22,000,000 in revenues generated from  the  sale  of
    23  notes or bonds, to the state university of New York for reimbursement of
    24  bondable equipment for further transfer to the state's general fund.
    25    §  8.  Notwithstanding any law to the contrary, and in accordance with
    26  section 4 of the state finance law, the comptroller is hereby authorized
    27  and directed to transfer monies, upon request of  the  director  of  the
    28  budget,  on  or  before March 31, 2011, from and to any of the following
    29  accounts: the miscellaneous special revenue fund (339),  patient  income
    30  account  (13),  the  miscellaneous  special  revenue  fund (339), mental
    31  hygiene program fund account or the general fund in any combination, the
    32  aggregate of which shall not exceed $350 million.
    33    § 9. Notwithstanding any law to the contrary, and in  accordance  with
    34  section 4 of the state finance law, the comptroller is hereby authorized
    35  and  directed to transfer, at the request of the director of the budget,
    36  up to $500 million from the unencumbered balance of any special  revenue
    37  fund  or  account,  or combination of funds and accounts, to the general
    38  fund. The amounts transferred pursuant to this authorization shall be in
    39  addition to any other transfers  expressly  authorized  in  the  2010-11
    40  budget.  Transfers  from  federal  funds,  debt  service  funds, capital
    41  projects funds, or the community projects fund are not permitted  pursu-
    42  ant  to this authorization. The director of the budget shall notify both
    43  houses of the legislature  in  writing  prior  to  initiating  transfers
    44  pursuant to this authorization.
    45    §  10. Notwithstanding any law to the contrary, and in accordance with
    46  section 4 of the state finance law, the comptroller is hereby authorized
    47  and directed to transfer, at the request of the director of the  budget,
    48  up  to $75 million from the unencumbered balance of any non-general fund
    49  or account, or combination of funds and accounts, to the  general  fund.
    50  The amounts transferred pursuant to this authorization shall be equal to
    51  those  savings  achieved  in such non-general funds as a result of work-
    52  force savings actions  and  are  in  addition  to  any  other  transfers
    53  expressly  authorized.    Transfers from federal funds are not permitted
    54  pursuant to this authorization. The director of the budget shall  notify
    55  both  houses of the legislature in writing prior to initiating transfers
    56  pursuant to this authorization.

        S. 6606--B                         197                        A. 9706--C
 
     1    § 11. Intentionally omitted.
     2    § 12. Intentionally omitted.
     3    § 13.  Notwithstanding any provision of law to the contrary, the foun-
     4  dation  for  science,  technology and innovation, as deemed feasible and
     5  advisable by its board of directors, is authorized and directed to  make
     6  a  contribution  to the state treasury to the credit of the general fund
     7  in the amount of $500,000 for the fiscal year commencing April 1, 2010.
     8    § 14.  Notwithstanding any law to the contrary, the insurance  depart-
     9  ment  shall  finance  the  annual expenses related to its activities and
    10  operations from revenues derived from assessments  upon  those  entities
    11  required  to  pay such assessments pursuant to section 332 of the insur-
    12  ance law. For state fiscal year 2010-11, the total value of  the  annual
    13  assessment  will be equal to the total value of the department's enacted
    14  appropriations.  In such instances where the total value of  the  annual
    15  industry  assessment  exceeds actual annual expenses of the department's
    16  operations and activities, in accordance with section  4  of  the  state
    17  finance law, the comptroller is hereby authorized and directed to trans-
    18  fer,  at  the  request  of  the director of the budget, any unencumbered
    19  monies of the special revenue fund (339)  insurance  department  account
    20  (b6),  that  comprise  the  difference  of the total value of the annual
    21  industry assessment and the actual annual expenses of  the  department's
    22  operations  and  activities,  to the general fund on or before March 31,
    23  2011.
    24    § 15. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
    25  amended  by  section  1 of part F of chapter 109 of the laws of 2010, is
    26  amended to read as follows:
    27    5. Notwithstanding the provisions of section one hundred seventy-one-a
    28  of the tax law, as separately amended by chapters four  hundred  eighty-
    29  one  and four hundred eighty-four of the laws of nineteen hundred eight-
    30  y-one, or any other provisions of law to the contrary, during the fiscal
    31  year beginning April first, two thousand ten, the state  comptroller  is
    32  hereby  authorized  and directed to deposit to the fund created pursuant
    33  to this section from amounts collected pursuant to article twenty-two of
    34  the tax law and pursuant to a schedule submitted by the director of  the
    35  budget, up to [$496,624,180] $3,308,000,000, as may be certified in such
    36  schedule  as  necessary to meet the purposes of such fund for the fiscal
    37  year beginning April first, two thousand ten.
    38    § 16. Subdivision 6 of section 4 of the state finance law, as  amended
    39  by  section  15 of part RR of chapter 57 of the laws of 2008, is amended
    40  to read as follows:
    41    6. Notwithstanding any law to the contrary, at the  beginning  of  the
    42  state  fiscal  year,  the  state  comptroller  is  hereby authorized and
    43  directed to receive for deposit to  the  credit  of  a  fund  and/or  an
    44  account  such  monies as are identified by the director of the budget as
    45  having been intended for such deposit to support disbursements from such
    46  fund and/or account made in pursuance of an  appropriation  by  law.  As
    47  soon  as  practicable  upon enactment of the budget, the director of the
    48  budget shall,  but  not  less  than  three  days  following  preliminary
    49  submission  to  the chairpersons of the senate finance committee and the
    50  assembly ways and means committee, file with the  state  comptroller  an
    51  identification  of  specific  monies  to be so deposited. Any subsequent
    52  change regarding the monies to be so deposited shall  be  filed  by  the
    53  director  of the budget, as soon as practicable, but not less than three
    54  days following preliminary submission to the chairpersons of the  senate
    55  finance committee and the assembly ways and means committee.

        S. 6606--B                         198                        A. 9706--C
 
     1    All monies identified by the director of the budget to be deposited to
     2  the  credit of a fund and/or account shall be consistent with the intent
     3  of the budget for the then current state fiscal year as enacted  by  the
     4  legislature.
     5    The provisions of this subdivision shall expire on March thirty-first,
     6  two thousand [ten] twelve.
     7    § 17. Subdivision 4 of section 40 of the state finance law, as amended
     8  by  section  16 of part RR of chapter 57 of the laws of 2008, is amended
     9  to read as follows:
    10    4. Every appropriation made from a fund or account to a department  or
    11  agency shall be available for the payment of prior years' liabilities in
    12  such fund or account for fringe benefits, indirect costs, and telecommu-
    13  nications  expenses  and  expenses  for  other centralized services fund
    14  programs without limit. Every appropriation shall also be available  for
    15  the  payment  of  prior  years'  liabilities  other than those indicated
    16  above, but only to the extent of one-half of one percent  of  the  total
    17  amount appropriated to a department or agency in such fund or account.
    18    The  provisions  of  this subdivision shall expire March thirty-first,
    19  two thousand [ten] twelve.
    20    § 17-a. The opening paragraph and subdivision (b) of section 2 of part
    21  MM of chapter 59 of the laws of 2008 relating to certain monetary trans-
    22  fers is amended to read as follows:
    23    In accordance with section 4 of the state finance law, the comptroller
    24  is hereby authorized and directed to transfer from the general  fund  --
    25  state  purposes  account  to  the  community projects fund the following
    26  amounts:
    27    (b) [One hundred twenty-nine million] Sixty-nine million four  hundred
    28  thousand  dollars [($129,400,000)] ($69,400,000) for the period April 1,
    29  2010 through March 31, 2011, as  follows:  [Fifty-five  million  dollars
    30  ($55,000,000)]  Thirty  million  dollars  ($30,000,000)  to  account AA;
    31  [fifty-five  million  dollars  ($55,000,000)]  thirty  million   dollars
    32  ($30,000,000)  to  account  CC; and [nineteen] nine million four hundred
    33  thousand dollars [($19,400,000)] ($9,400,000) to account GG. Such trans-
    34  fers shall be made in accordance with section 99-d of the state  finance
    35  law, as added by chapter 474 of the laws of 1996, as amended.
    36    §  18.  The  comptroller  is authorized and directed to deposit to the
    37  general fund-state purposes account reimbursements from moneys appropri-
    38  ated or reappropriated to the correctional facilities  capital  improve-
    39  ment  fund  (399) by a chapter of the laws of 2009. Reimbursements shall
    40  be available for spending from appropriations made to the department  of
    41  correctional  services  in  the general fund-state purposes account by a
    42  chapter of the laws of 2009 for costs associated with the administration
    43  and security of capital projects and for other costs which are attribut-
    44  able, according to a plan, to such capital projects.
    45    § 19. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    46  contrary,  the comptroller is hereby authorized and directed to deposit,
    47  to the credit of the  capital  projects  fund,  reimbursement  from  the
    48  proceeds of notes or bonds issued by the environmental facilities corpo-
    49  ration for a capital appropriation for $43,383,000 authorized by chapter
    50  55  of  the laws of 2000 to the department of environmental conservation
    51  for payment of a portion of the state's match for federal capitalization
    52  grants for the water pollution control revolving loan fund, to reimburse
    53  spending from various appropriations for certain projects related to the
    54  New York city watershed, reimbursement from the proceeds  of  notes  and
    55  bonds  issued by the urban development corporation for capital appropri-
    56  ation for $15,000,000 authorized by chapter 55 of the laws  of  2000  to

        S. 6606--B                         199                        A. 9706--C
 
     1  the  urban  development  corporation  for  payment of costs related to a
     2  sports facility  in  the  city  of  Rochester,  reimbursement  from  the
     3  proceeds  of notes and bonds issued by the urban development corporation
     4  of  the  state  of  New York for a capital appropriation for $50,000,000
     5  authorized by chapter 55 of the laws of 2000 to  the  urban  development
     6  corporation  for  payment  of  costs  related  to  economic  development
     7  projects in the downtown Buffalo, the  Buffalo  inner  harbor  area,  or
     8  surrounding  environs,  reimbursement  from  proceeds of notes and bonds
     9  issued by the dormitory authority of the state of New York for a capital
    10  appropriation for $225,000,000 authorized by chapter 55 of the  laws  of
    11  2000 to all state agencies for payment of costs related to the strategic
    12  investment  program,  reimbursement from the proceeds of notes and bonds
    13  issued by the dormitory authority of the state of New York for a capital
    14  appropriation for $50,000,000 authorized by chapter 53 of  the  laws  of
    15  2000   to   the  state  education  department  for  payment  of  capital
    16  construction grants to  school  districts  pursuant  to  the  rebuilding
    17  schools to uphold education program, for reimbursement from the proceeds
    18  of notes and bonds issued by the dormitory authority of the state of New
    19  York  for  a capital appropriation for $15,000,000 authorized by chapter
    20  53 of the laws of 2000 to the office of children and family services for
    21  payment of costs  related  to  the  child  care  facilities  development
    22  program,  and  for  reimbursement  from  the proceeds of notes and bonds
    23  issued by the dormitory authority of the state of New York for a capital
    24  appropriation for $10,000,000 authorized by chapter 55 of  the  laws  of
    25  2000  to  the  office  of  science, technology and academic research for
    26  payment of costs related to  biomedical  research  and/or  manufacturing
    27  facilities.
    28    §  20.  Notwithstanding  any  other  law,  rule,  or regulation to the
    29  contrary, the comptroller is hereby authorized and directed  to  deposit
    30  to  the  credit  of  the  capital  projects fund, reimbursement from the
    31  proceeds of notes or bonds issued by the environmental facilities corpo-
    32  ration for a capital appropriation for $29,772,000 authorized by chapter
    33  54 of the laws of 2001 to the department of  environmental  conservation
    34  for payment of a portion of the state's match for federal capitalization
    35  grants for the water pollution control revolving loan fund.
    36    §  21.  Notwithstanding  any  other  law,  rule,  or regulation to the
    37  contrary, the comptroller is hereby authorized and directed to  deposit,
    38  to  the  credit  of  the  capital  projects fund, reimbursement from the
    39  proceeds of notes or bonds issued by the environmental facilities corpo-
    40  ration for a capital appropriation for $29,365,000 authorized by chapter
    41  54 of the laws of 2002 to the department of  environmental  conservation
    42  for payment of a portion of the state's match for federal capitalization
    43  grants  for  the water pollution control revolving loan fund, reimburse-
    44  ment from the proceeds of notes and bonds issued by the  urban  develop-
    45  ment  corporation  or other financing source for a capital appropriation
    46  for $89,000,000 authorized by chapter 50 of the  laws  of  2002  to  the
    47  office of general services for payment of capital construction costs for
    48  the  Alfred  E.  Smith  office  building  located in the city of Albany,
    49  reimbursement from the proceeds of notes and bonds issued by  the  urban
    50  development  corporation or other financing source for capital appropri-
    51  ations for $1,500,000 authorized by chapter 50 of the laws  of  2002  to
    52  the office of general services for payment of capital construction costs
    53  for  the Elk street parking garage building located in the city of Alba-
    54  ny, reimbursement from the proceeds of notes  or  bonds  issued  by  the
    55  urban  development  corporation  for  disbursements of up to $12,000,000
    56  from any capital appropriation or reappropriation authorized by  chapter

        S. 6606--B                         200                        A. 9706--C
 
     1  50  of  the  laws  of 2002 to the office of general services for various
     2  purposes, reimbursement from the proceeds of notes or  bonds  issued  by
     3  the  urban  development  corporation  for  a  capital  appropriation  of
     4  $13,250,000  authorized  by chapter 55 of the laws of 2002 to the energy
     5  research and development authority for  the  Western  New  York  Nuclear
     6  Service  Center at West Valley, reimbursement from the proceeds of notes
     7  or bonds issued by the  urban  development  corporation  for  a  capital
     8  appropriation  of  $14,300,000  authorized  by chapter 55 of the laws of
     9  2002 to the urban development corporation to finance a  portion  of  the
    10  jobs  now  program,  reimbursement  from  the proceeds of notes or bonds
    11  issued by the dormitory authority for disbursements of up to $20,800,000
    12  from any capital appropriation or reappropriation authorized by  chapter
    13  51  of  the  laws  of 2002 to the judiciary for courthouse improvements,
    14  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    15  development  corporation  for  disbursements  of  up to $15,000,000 from
    16  appropriations or reappropriations authorized by chapter 50 of the  laws
    17  of  2002  to  any  agency  for  costs  related to homeland security, and
    18  reimbursement from the proceeds of notes or bonds issued by the environ-
    19  mental facilities corporation for a capital appropriation of $10,000,000
    20  authorized by chapter 54 of the laws of 2002 to the department of  envi-
    21  ronmental conservation for Onondaga lake.
    22    §  22.  Notwithstanding  any  other  law,  rule,  or regulation to the
    23  contrary, the comptroller is hereby authorized and directed  to  deposit
    24  to  the  credit  of  the  capital  projects fund, reimbursement from the
    25  proceeds of notes or bonds issued by the environmental facilities corpo-
    26  ration for a capital appropriation of $30,174,000 authorized by  chapter
    27  55  of  the laws of 2003 to the department of environmental conservation
    28  for payment of a portion of the state's match for federal capitalization
    29  grants for the water pollution control revolving loan  fund,  reimburse-
    30  ment from the proceeds of notes or bonds issued by the urban development
    31  corporation  or  other  financing  source for a capital appropriation of
    32  $19,500,000 authorized by chapter 50 of the laws of 2003 to  the  office
    33  of general services for payment of capital construction costs for the 51
    34  Elk  street  parking  garage  building  located  in  the city of Albany,
    35  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    36  development  corporation for disbursements of up to $10,000,000 from any
    37  capital appropriation or reappropriation authorized by chapter 50 of the
    38  laws of 2003 to the office of general  services  for  various  purposes,
    39  reimbursement from the proceeds of notes or bonds issued by the environ-
    40  mental facilities corporation for a capital appropriation of $13,250,000
    41  authorized  by chapter 55 of the laws of 2003 to the energy research and
    42  development authority for the Western New York Nuclear Service Center at
    43  West Valley, reimbursement from the proceeds of notes or bonds issued by
    44  the dormitory authority for disbursements of up to $16,400,000 from  any
    45  capital appropriation or reappropriation authorized by chapter 51 of the
    46  laws of 2003 to the judiciary for courthouse improvements, reimbursement
    47  from  the  proceeds  of  notes  or bonds issued by the urban development
    48  corporation for disbursements of up to $10,000,000  from  appropriations
    49  or  reappropriations authorized by chapter 50 of the laws of 2003 to any
    50  agency for costs related to homeland security,  reimbursement  from  the
    51  proceeds of notes or bonds issued by the environmental facilities corpo-
    52  ration  for a capital appropriation of $10,000,000 authorized by chapter
    53  55 of the laws of 2003 to the department of  environmental  conservation
    54  for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
    55  issued by the environmental facilities corporation for disbursements  of
    56  up  to  $11,000,000  from any capital appropriations or reappropriations

        S. 6606--B                         201                        A. 9706--C
 
     1  authorized by chapter 55 of the laws of 2003 to the department of  envi-
     2  ronmental  conservation  for  environmental  purposes, and reimbursement
     3  from the proceeds of notes or bonds issued by  the  dormitory  authority
     4  for  disbursements  of  up  to $100,000,000 from a capital appropriation
     5  authorized by chapter 50 of the laws of 2003 to the department of  state
     6  for enhanced 911 wireless service.
     7    §  23.  Notwithstanding  any  other  law,  rule,  or regulation to the
     8  contrary, the comptroller is hereby authorized and directed  to  deposit
     9  to  the  credit  of  the  capital  projects fund, reimbursement from the
    10  proceeds of notes or bonds issued by the environmental facilities corpo-
    11  ration for a capital appropriation for $28,893,000 authorized by chapter
    12  55 of the laws of 2004 to the department of  environmental  conservation
    13  for payment of a portion of the state's match for federal capitalization
    14  grants  for  the water pollution control revolving loan fund, reimburse-
    15  ment from the proceeds of notes or bonds issued by the urban development
    16  corporation for disbursements of up  to  $10,000,000  from  any  capital
    17  appropriation or reappropriation authorized by chapter 50 of the laws of
    18  2004  to the office of general services for various purposes, reimburse-
    19  ment from the proceeds of notes or bonds  issued  by  the  environmental
    20  facilities  corporation  for  a  capital  appropriation  of  $11,350,000
    21  authorized by chapter 55 of the laws of 2004 to the energy research  and
    22  development authority for the Western New York Nuclear Service Center at
    23  West Valley, reimbursement from the proceeds of notes or bonds issued by
    24  the environmental facilities corporation, for a capital appropriation of
    25  $10,000,000  authorized by chapter 55 of the laws of 2004 to the depart-
    26  ment of environmental conservation for Onondaga lake, reimbursement from
    27  the proceeds of notes or bonds issued by  the  environmental  facilities
    28  corporation  for  disbursements  of  up  to $11,000,000 from any capital
    29  appropriations or reappropriations authorized by chapter 55 of the  laws
    30  of  2004  to  the  department of environmental conservation for environ-
    31  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
    32  issued  by  the  dormitory  authority  for  a  capital  appropriation of
    33  $80,000,000 authorized by chapter 53 of the laws of 2004 to  the  educa-
    34  tion  department  for  capital  transition  grants  for  transportation,
    35  reimbursement from the proceeds of notes or bonds issued by the dormito-
    36  ry authority for a capital appropriation of $250,000,000  authorized  by
    37  chapter  55 of the laws of 2004 for payment of costs related to economic
    38  development projects, reimbursement from the proceeds of bonds or  notes
    39  issued  by the urban development corporation for a capital appropriation
    40  of $83,500,000 authorized by chapter 53 of the laws of 2006, as  amended
    41  by  chapter 108 of the laws of 2006, for payment of costs related to the
    42  H. H. Richardson complex and the Darwin Martin House, and  reimbursement
    43  from  the  proceeds  of notes or bonds issued by the dormitory authority
    44  for a capital appropriation of $350,000,000 authorized by chapter  3  of
    45  the laws of 2004 for the New York state economic development program.
    46    §  24.  Notwithstanding  any  other  law,  rule,  or regulation to the
    47  contrary, the comptroller is hereby authorized and directed  to  deposit
    48  to  the  credit  of  the  capital  projects fund, reimbursement from the
    49  proceeds of notes or bonds issued by the environmental facilities corpo-
    50  ration for a capital appropriation of $29,602,000 authorized by  chapter
    51  55  of  the laws of 2005 to the department of environmental conservation
    52  for payment of a portion of the state's match for federal capitalization
    53  grants for the water pollution control revolving loan  fund,  reimburse-
    54  ment from the proceeds of notes or bonds issued by the urban development
    55  corporation  for  disbursements  of  up  to $10,000,000 from any capital
    56  appropriation or reappropriation authorized by chapter 50 of the laws of

        S. 6606--B                         202                        A. 9706--C

     1  2005 to the office of general services for various purposes,  reimburse-
     2  ment  from  the  proceeds  of notes or bonds issued by the environmental
     3  facilities  corporation  for  a  capital  appropriation  of  $11,350,000
     4  authorized  by chapter 55 of the laws of 2005 to the energy research and
     5  development authority for the Western New York Nuclear Service Center at
     6  West Valley, reimbursement from the proceeds of notes or bonds issued by
     7  the environmental facilities corporation for a capital appropriation  of
     8  $10,000,000  authorized by chapter 55 of the laws of 2005 to the depart-
     9  ment of environmental conservation for Onondaga lake, reimbursement from
    10  the proceeds of notes or bonds issued by  the  environmental  facilities
    11  corporation  for  disbursements  of  up  to $11,000,000 from any capital
    12  appropriations or reappropriations authorized by chapter 55 of the  laws
    13  of  2005  to  the  department of environmental conservation for environ-
    14  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
    15  issued  by the urban development corporation for a capital appropriation
    16  of $350,000,000 authorized by chapter 55 of the laws  of  2005  for  the
    17  Javits  center, reimbursement from the proceeds of notes or bonds issued
    18  by the dormitory authority for a capital  appropriation  of  $90,000,000
    19  authorized  by  chapter 62 of the laws of 2005 for regional development,
    20  reimbursement from the proceeds of notes or bonds issued by the dormito-
    21  ry authority for a capital appropriation of $250,000,000  authorized  by
    22  chapter  62  of  the  laws  of  2005  for  technology  and  development,
    23  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    24  development  corporation  for  a  capital  appropriation  of $75,000,000
    25  authorized by chapter 162 of the laws of 2005 for  the  New  York  state
    26  economic  development  program, reimbursement from the proceeds of notes
    27  or bonds issued by the  urban  development  corporation  for  a  capital
    28  appropriation  of  $150,000,000  authorized by chapter 62 of the laws of
    29  2005  for  the  higher  education  facilities  capital  matching  grants
    30  program, reimbursement from the proceeds of notes or bonds issued by the
    31  dormitory  authority  or  other financing source for a capital appropri-
    32  ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to  the
    33  office of general services for payment of capital construction costs for
    34  the  Elk  street  parking garage building located in the city of Albany,
    35  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    36  development  corporation  for  a  capital  appropriation  of $15,000,000
    37  authorized by chapter 53 of the laws of  2005  to  the  state  education
    38  department  for  payment of capital construction costs for public broad-
    39  casting facilities, reimbursement from the proceeds of  notes  or  bonds
    40  issued  by the urban development corporation for a capital appropriation
    41  of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
    42  sion of state police for public protection facilities, and reimbursement
    43  from the proceeds of notes or bonds  issued  by  the  urban  development
    44  corporation for capital disbursements of up to $3,000,000 from any capi-
    45  tal  appropriation  or  reappropriation  authorized by chapter 50 of the
    46  laws of 2005 to the division of military and naval affairs  for  various
    47  purposes.
    48    §  25.  Notwithstanding  any  other  law,  rule,  or regulation to the
    49  contrary, the comptroller is hereby authorized and directed  to  deposit
    50  to  the  credit  of  the  capital  projects fund, reimbursement from the
    51  proceeds of notes or bonds issued by the environmental facilities corpo-
    52  ration for a capital appropriation for $29,600,000 authorized by chapter
    53  55 of the laws of 2006 to the department of  environmental  conservation
    54  for payment of a portion of the state's match for federal capitalization
    55  grants  for  the water pollution control revolving loan fund, reimburse-
    56  ment from the proceeds of notes or bonds issued by the urban development

        S. 6606--B                         203                        A. 9706--C
 
     1  corporation for disbursements of up  to  $20,000,000  from  any  capital
     2  appropriation or reappropriation authorized by chapter 50 of the laws of
     3  2006  to the office of general services for various purposes, reimburse-
     4  ment  from  the  proceeds  of notes or bonds issued by the environmental
     5  facilities  corporation  for  a  capital  appropriation  of  $14,000,000
     6  authorized  by chapter 55 of the laws of 2006 to the energy research and
     7  development authority for the Western New York Nuclear Service Center at
     8  West Valley, reimbursement from the proceeds of notes or bonds issued by
     9  the environmental facilities corporation for a capital appropriation  of
    10  $10,000,000  authorized by chapter 55 of the laws of 2006 to the depart-
    11  ment of environmental conservation for Onondaga lake, reimbursement from
    12  the proceeds of notes or bonds issued by  the  environmental  facilities
    13  corporation  for  disbursements  of  up  to $12,000,000 from any capital
    14  appropriations or reappropriations authorized by chapter 55 of the  laws
    15  of  2006  to  the  department of environmental conservation for environ-
    16  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
    17  issued by the urban development corporation for capital disbursements of
    18  up  to  $3,000,000  from  any  capital  appropriation or reappropriation
    19  authorized by chapter 50 of the laws of 2006 to the division of military
    20  and naval affairs for various purposes, reimbursement from the  proceeds
    21  of  notes  or  bonds  issued  by  the  urban development corporation for
    22  disbursements of up to $12,400,000 from  any  capital  appropriation  or
    23  reappropriation  authorized  by  chapter  50  of the laws of 2006 to the
    24  division of state police for public protection facilities, reimbursement
    25  from the proceeds of notes or bonds  issued  by  the  urban  development
    26  corporation  for  a  capital appropriation of $117,000,000 authorized by
    27  chapter 50 of the laws of 2006 to all state departments and agencies for
    28  the purchase of equipment, reimbursement from the proceeds of  notes  or
    29  bonds  issued by the dormitory authority or the urban development corpo-
    30  ration for all or a portion of capital  appropriations  of  $603,050,000
    31  authorized  by  chapter 108 of the laws of 2006 to the urban development
    32  corporation for economic development/other projects, reimbursement  from
    33  the  proceeds  of  notes or bonds issued by the urban development corpo-
    34  ration for a capital appropriation of $269,500,000 authorized by chapter
    35  108 of the laws of 2006 to the dormitory authority or the urban develop-
    36  ment corporation for economic development projects,  reimbursement  from
    37  the  proceeds of notes or bonds issued by the dormitory authority or the
    38  urban  development  corporation   for   a   capital   appropriation   of
    39  $201,500,000  authorized by chapter 108 of the laws of 2006 to the urban
    40  development corporation for university development projects,  reimburse-
    41  ment from the proceeds of notes or bonds issued by the dormitory author-
    42  ity or for a capital appropriation of $143,000,000 authorized by chapter
    43  108  of  the  laws  of  2006  to  the  urban development corporation for
    44  cultural facilities projects, reimbursement from the proceeds  of  notes
    45  or  bonds  issued  by  the  dormitory authority or the urban development
    46  corporation for capital appropriations totaling  $60,000,000  authorized
    47  by  chapter 108 of the laws of 2006 to the urban development corporation
    48  for energy/environmental projects, reimbursement from  the  proceeds  of
    49  notes  or  bonds issued by the dormitory authority or the urban develop-
    50  ment corporation for a capital appropriation of  $20,000,000  authorized
    51  by  chapter 108 of the laws of 2006 to the urban development corporation
    52  for a competitive solicitation for construction of  a  pilot  cellulosic
    53  ethanol  refinery,  reimbursement  from  the  proceeds of notes or bonds
    54  issued by the urban development corporation for a capital  appropriation
    55  of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
    56  development corporation for services and expenses related to infrastruc-

        S. 6606--B                         204                        A. 9706--C
 
     1  ture  for  a  new  stadium  in Queens county, and reimbursement from the
     2  proceeds of notes or bonds issued by the urban  development  corporation
     3  for  a  capital appropriation of $74,700,000 authorized by chapter 55 of
     4  the  laws  of 2006 to the urban development corporation for services and
     5  expenses related to infrastructure improvements to construct a new park-
     6  ing facility at a new stadium in Bronx county,  reimbursement  from  the
     7  proceeds  of  notes  and  bonds  issued  by the environmental facilities
     8  corporation for a capital  appropriation  of  $5,000,000  authorized  by
     9  chapter  55  of  the laws of 2006 to the environmental facilities corpo-
    10  ration for payment for the pipeline for jobs program, reimbursement from
    11  the proceeds of notes or bonds issued by  the  dormitory  authority  for
    12  capital  disbursements  of  up to $14,000,000 from any capital appropri-
    13  ation or reappropriation authorized by chapter 53 of the  laws  of  2006
    14  for the library construction purpose, reimbursement from the proceeds of
    15  notes or bonds issued by the urban development corporation or the dormi-
    16  tory  authority for an appropriation of $2,000,000 authorized by chapter
    17  53 of the laws of 2006 for a Cornell  equine  drug  testing  laboratory,
    18  reimbursement  from  the  proceeds of notes or bonds issued by the urban
    19  development corporation or the dormitory authority for an  appropriation
    20  of $1,200,000 authorized by chapter 53 of the laws of 2006 for the towns
    21  of  Bristol and Canandaigua public water systems, reimbursement from the
    22  proceeds of notes or bonds issued by the urban  development  corporation
    23  or the dormitory authority for an appropriation of $5,500,000 authorized
    24  by  chapter  53  of  the laws of 2006 for Belleayre mountain ski center,
    25  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    26  development  corporation or the dormitory authority for an appropriation
    27  of $25,000,000 authorized by chapter 53 of the laws of 2006 for the town
    28  of Smithtown/Kings Park psychiatric center rehabilitation, reimbursement
    29  from the proceeds of notes or bonds  issued  by  the  urban  development
    30  corporation   or   the  dormitory  authority  for  an  appropriation  of
    31  $5,000,000 authorized by chapter 108 of the laws of 2006 for a state  of
    32  New  York  umbilical cord bank, reimbursement from the proceeds of notes
    33  or bonds issued by the urban development corporation  or  the  dormitory
    34  authority for an appropriation of $5,500,000 authorized by chapter 53 of
    35  the  laws  of  2006  for  an  Old  Gore  mountain  ski  bowl connection,
    36  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    37  development  corporation or the dormitory authority for an appropriation
    38  of $2,000,000 authorized by chapter 53 of the laws of 2006 for a  Fredo-
    39  nia  vineyard  laboratory,  reimbursement  from the proceeds of notes or
    40  bonds issued by the  urban  development  corporation  or  the  dormitory
    41  authority  for an appropriation of $99,500,000 authorized by chapter 108
    42  of the laws of 2006 to the office for technology for payment of  capital
    43  construction  costs  for  a consolidated data center, reimbursement from
    44  the proceeds of notes or bonds issued by the dormitory authority or  the
    45  urban  development  corporation  for  an  appropriation  of  $40,000,000
    46  authorized by chapter 108 of the laws of 2006 for a food testing labora-
    47  tory, reimbursement from the proceeds of notes or bonds  issued  by  the
    48  New  York  state  thruway  authority for an appropriation of $22,000,000
    49  authorized by chapter 108 of the laws  of  2006  to  the  department  of
    50  transportation  for  high speed rail, reimbursement from the proceeds of
    51  notes or bonds issued by the urban development corporation  for  capital
    52  disbursements  of up to $500,000,000 from an appropriation authorized by
    53  chapter 108 of the laws of 2006 to the urban development corporation for
    54  development of a  semiconductor  manufacturing  facility,  reimbursement
    55  from  the  proceeds  of  notes  or bonds issued by the urban development
    56  corporation of up to $150,000,000 from an  appropriation  authorized  by

        S. 6606--B                         205                        A. 9706--C
 
     1  chapter 108 of the laws of 2006 to the urban development corporation for
     2  research and development activities of a semiconductor manufacturer, and
     3  reimbursement  from  the  proceeds of notes or bonds issued by the urban
     4  development  corporation for capital disbursements of up to $300,000,000
     5  from an appropriation to the urban development corporation authorized by
     6  chapter 108 of the laws of 2006 for community revitalization projects.
     7    § 26. Notwithstanding any  other  law,  rule,  or  regulation  to  the
     8  contrary,  the  comptroller is hereby authorized and directed to deposit
     9  to the credit of the  capital  projects  fund,  reimbursement  from  the
    10  proceeds of notes or bonds issued by the environmental facilities corpo-
    11  ration  for a capital appropriation of $29,600,000 authorized by chapter
    12  55 of the laws of 2007 to the department of  environmental  conservation
    13  for payment of a portion of the state's match for federal capitalization
    14  grants  for  the water pollution control revolving loan fund, reimburse-
    15  ment from the proceeds of notes or bonds issued by the urban development
    16  corporation for disbursements of up  to  $20,000,000  from  any  capital
    17  appropriation or reappropriation authorized by chapter 50 of the laws of
    18  2007  to the office of general services for various purposes, reimburse-
    19  ment from the proceeds of notes or bonds  issued  by  the  environmental
    20  facilities  corporation  for  a  capital  appropriation  of  $13,500,000
    21  authorized by chapter 55 of the laws of 2007 to the energy research  and
    22  development authority for the Western New York Nuclear Service Center at
    23  West Valley, reimbursement from the proceeds of notes or bonds issued by
    24  the  environmental facilities corporation for a capital appropriation of
    25  $10,000,000 authorized by chapter 55 of the laws of 2007 to the  depart-
    26  ment of environmental conservation for Onondaga lake, reimbursement from
    27  the  proceeds  of  notes or bonds issued by the environmental facilities
    28  corporation for disbursements of up  to  $12,000,000  from  any  capital
    29  appropriations  or reappropriations authorized by chapter 55 of the laws
    30  of 2007 to the department of  environmental  conservation  for  environ-
    31  mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
    32  issued by the urban development corporation for capital disbursements of
    33  up to $3,000,000  from  any  capital  appropriation  or  reappropriation
    34  authorized by chapter 50 of the laws of 2007 to the division of military
    35  and  naval affairs for various purposes, reimbursement from the proceeds
    36  of notes or bonds  issued  by  the  urban  development  corporation  for
    37  disbursements  from a capital appropriation of $50,000,000 authorized by
    38  chapter 50 of the laws of 2007 to  the  division  of  state  police  for
    39  construction  of  a Troop G facility, reimbursement from the proceeds of
    40  notes or bonds issued by the urban development corporation for disburse-
    41  ments from a capital appropriation of $6,000,000 authorized  by  chapter
    42  50  of the laws of 2007 to the division of state police for construction
    43  of evidence storage facilities, reimbursement from the proceeds of notes
    44  or bonds issued by the urban development corporation for capital  appro-
    45  priations  totaling  $77,900,000 authorized by chapter 51 of the laws of
    46  2007 to the judiciary  for  court  training  facilities  and  courthouse
    47  improvement  projects, reimbursement from the proceeds of notes or bonds
    48  issued by the urban development corporation for a capital  appropriation
    49  of $20,000,000 authorized by chapter 50 of the laws of 2007 to all state
    50  departments  and  agencies  for the purchase of equipment, reimbursement
    51  from the proceeds of notes or bonds issued by  the  dormitory  authority
    52  for  capital  disbursements of up to $14,000,000 from any capital appro-
    53  priation or reappropriation authorized by chapter 53 of the laws of 2007
    54  for library construction, reimbursement from the proceeds  of  notes  or
    55  bonds  issued by the dormitory authority for capital disbursements of up
    56  to $60,000,000 from any capital appropriation or reappropriation author-

        S. 6606--B                         206                        A. 9706--C
 
     1  ized by chapter 53 of the laws of 2007 for  cultural  education  storage
     2  facilities,  reimbursement from the proceeds of notes or bonds issued by
     3  the urban development corporation for capital  disbursements  of  up  to
     4  $15,000,000 from any capital appropriation or reappropriation authorized
     5  by  chapter  55  of  the laws of 2007 for the Roosevelt Island Operating
     6  Corporation aerial tramway, reimbursement from the proceeds of notes  or
     7  bonds  issued by the urban development corporation for capital disburse-
     8  ments of up to $20,000,000 from any capital appropriation or reappropri-
     9  ation authorized by chapter 55  of  the  laws  of  2007  for  Governor's
    10  Island,  reimbursement from the proceeds of notes or bonds issued by the
    11  urban  development  corporation  for  capital  disbursements  of  up  to
    12  $7,500,000  from any capital appropriation or reappropriation authorized
    13  by chapter 55 of the laws of 2007 for Harriman research  and  technology
    14  park,  reimbursement  from  the proceeds of notes or bonds issued by the
    15  urban  development  corporation  for  capital  disbursements  of  up  to
    16  $7,950,000  from any capital appropriation or reappropriation authorized
    17  by chapter 55 of the laws of 2007 for  USA  Niagara,  and  reimbursement
    18  from  the  proceeds  of  notes  or bonds issued by the urban development
    19  corporation for capital disbursements of up to $1,300,000 from appropri-
    20  ations authorized by chapter 50 of the laws of 2007 made to  the  office
    21  of general services for legislative office building hearing rooms.
    22    §  27.  Notwithstanding  any  other  law,  rule,  or regulation to the
    23  contrary, the comptroller is hereby authorized and directed  to  deposit
    24  to  the  credit  of  the  capital  projects fund, reimbursement from the
    25  proceeds of notes or bonds issued by the environmental facilities corpo-
    26  ration for a capital appropriation of $29,600,000 authorized by  chapter
    27  55  of  the laws of 2008 to the department of environmental conservation
    28  for payment of a portion of the state's match for federal capitalization
    29  grants for the water pollution control revolving loan  fund,  reimburse-
    30  ment from the proceeds of notes or bonds issued by the urban development
    31  corporation  for  a  capital appropriation of $141,000,000 authorized by
    32  chapter 50 of the laws of 2008 to all state departments and agencies for
    33  the purchase of equipment or systems development, reimbursement from the
    34  proceeds of notes or bonds issued by the urban  development  corporation
    35  for disbursements of up to $45,500,000 from any capital appropriation or
    36  reappropriation  authorized  by  chapter  50  of the laws of 2008 to the
    37  office of general services for various purposes, reimbursement from  the
    38  proceeds of notes or bonds issued by the environmental facilities corpo-
    39  ration  for a capital appropriation of $13,500,000 authorized by chapter
    40  55 of the laws of 2008 to the energy research and development  authority
    41  for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
    42  reimbursement from the proceeds of notes or bonds issued by the environ-
    43  mental facilities corporation for a capital appropriation of $10,000,000
    44  authorized by chapter 55 of the laws of 2008 to the department of  envi-
    45  ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
    46  proceeds of notes or bonds issued by the environmental facilities corpo-
    47  ration for disbursements of up to $12,000,000 from any capital appropri-
    48  ations or reappropriations authorized by chapter 55 of the laws of  2008
    49  to  the  department  of  environmental  conservation  for  environmental
    50  purposes, reimbursement from the proceeds of notes or  bonds  issued  by
    51  the  urban  development  corporation  for capital disbursements of up to
    52  $3,000,000 from any capital appropriation or reappropriation  authorized
    53  by  chapter 50 of the laws of 2008 to the division of military and naval
    54  affairs for various purposes, reimbursement from the proceeds  of  notes
    55  or  bonds  issued  by  the  urban  development corporation for a capital
    56  appropriation of $11,000,000 authorized by chapter 50  of  the  laws  of

        S. 6606--B                         207                        A. 9706--C
 
     1  2008 to the office for technology for the costs of development of inter-
     2  im  data  center facilities, reimbursement from the proceeds of notes or
     3  bonds issued by the urban development corporation for a  capital  appro-
     4  priation  of $10,000,000 authorized by chapter 50 of the laws of 2008 to
     5  the office for technology for activities related to  broadband  service,
     6  reimbursement  from  the  proceeds of notes or bonds issued by the urban
     7  development  corporation  for  a  capital  appropriation  of  $6,000,000
     8  authorized  by  chapter  50 of the laws of 2008 to the division of state
     9  police for rehabilitation of facilities, reimbursement from the proceeds
    10  of notes or bonds issued by the Dormitory Authority of the State of  New
    11  York or other financing source for a capital appropriation authorized by
    12  chapter  53  of the laws of 2008 of $14,000,000 to the education depart-
    13  ment for library construction, reimbursement from the proceeds of  notes
    14  or  bonds  issued by the Dormitory Authority of the State of New York or
    15  other financing source for a capital appropriation authorized by chapter
    16  53 of the laws of 2008 of $15,000,000 to the  education  department  for
    17  museum  renewal  projects,  reimbursement  from the proceeds of notes or
    18  bonds issued by the urban development corporation for capital  appropri-
    19  ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
    20  urban  development  corporation for services and expenses related to the
    21  investment opportunity fund, reimbursement from the proceeds of notes or
    22  bonds issued by the urban development corporation for capital  appropri-
    23  ation of $30,000,000 authorized by chapter 53 of the laws of 2008 to the
    24  urban  development corporation for services and expenses related to arts
    25  and cultural projects, reimbursement from the proceeds of bonds or notes
    26  issued by the urban development corporation for a capital  appropriation
    27  of $35,000,000 authorized by chapter 53 of the laws of 2008 for economic
    28  and  community  development projects, reimbursement from the proceeds of
    29  bonds or notes issued by the urban development corporation for a capital
    30  appropriation of $30,000,000 authorized by chapter 53  of  the  laws  of
    31  2008  for  New  York city waterfront development projects, reimbursement
    32  from the proceeds of bonds or notes  issued  by  the  urban  development
    33  corporation  for  a  capital  appropriation of $45,000,000 authorized by
    34  chapter 53  of  the  laws  of  2008  for  Luther  Forest  infrastructure
    35  projects,  reimbursement  from  the proceeds of notes or bonds issued by
    36  the  urban  development  corporation  for   capital   appropriation   of
    37  $35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
    38  development corporation for services and expenses related  to  downstate
    39  regional  projects,  reimbursement  from  the proceeds of notes or bonds
    40  issued by the urban development corporation for capital appropriation of
    41  $145,000,000 authorized by chapter 53 of the laws of 2008 to  the  urban
    42  development  corporation  for  services  and expenses related to upstate
    43  city-by-city projects, reimbursement from the proceeds of notes or bonds
    44  issued by the urban development corporation for capital appropriation of
    45  $35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban
    46  development  corporation  for services and expenses related to the down-
    47  state revitalization projects, reimbursement from the proceeds of  notes
    48  or  bonds issued by the urban development corporation for capital appro-
    49  priation of $120,000,000 authorized by chapter 53 of the laws of 2008 to
    50  the urban development corporation for services and expenses  related  to
    51  the  upstate regional blueprint fund, reimbursement from the proceeds of
    52  notes or bonds issued by the urban development corporation  for  capital
    53  appropriation  of  $40,000,000  authorized  by chapter 53 of the laws of
    54  2008 to the urban development  corporation  for  services  and  expenses
    55  related   to   the   upstate  agricultural  economic  development  fund,
    56  reimbursement from the proceeds of notes or bonds issued  by  the  urban

        S. 6606--B                         208                        A. 9706--C
 
     1  development   corporation  for  capital  appropriation  of  $350,000,000
     2  authorized by chapter 53 of the laws of 2008 to  the  urban  development
     3  corporation  for  services  and  expenses  related to the New York state
     4  capital  assistance program, reimbursement from the proceeds of notes or
     5  bonds issued by the urban development corporation for capital  appropri-
     6  ation  of  $350,000,000  authorized by chapter 53 of the laws of 2008 to
     7  the urban development corporation for services and expenses  related  to
     8  the   New  York  state  economic  development  assistance  program,  and
     9  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    10  development corporation for capital appropriation of $20,000,000 author-
    11  ized  by  chapter 55 of the laws of 2008 to the urban development corpo-
    12  ration for services and expenses related to the  empire  state  economic
    13  development fund.
    14    §  28.  Notwithstanding  any  other  law,  rule,  or regulation to the
    15  contrary, the comptroller is hereby authorized and directed  to  deposit
    16  to  the  credit  of  the  capital  projects fund, reimbursement from the
    17  proceeds of notes or bonds issued by the environmental facilities corpo-
    18  ration for a capital appropriation of $29,600,000 authorized by  chapter
    19  55  of  the laws of 2009 to the department of environmental conservation
    20  for payment of a portion of the state's match for federal capitalization
    21  grants for the water pollution control revolving loan  fund,  reimburse-
    22  ment from the proceeds of notes or bonds issued by the urban development
    23  corporation  for  a  capital appropriation of $129,800,000 authorized by
    24  chapter 50 of the laws of 2009 to all state departments and agencies for
    25  the purchase of equipment or systems development, reimbursement from the
    26  proceeds of notes or bonds issued by the urban  development  corporation
    27  for disbursements of up to $24,000,000 from any capital appropriation or
    28  reappropriation  authorized  by  chapter  50  of the laws of 2009 to the
    29  office of general services for various purposes, reimbursement from  the
    30  proceeds of notes or bonds issued by the environmental facilities corpo-
    31  ration  for a capital appropriation of $13,500,000 authorized by chapter
    32  55 of the laws of 2009 to the energy research and development  authority
    33  for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
    34  reimbursement from the proceeds of notes or bonds issued by the environ-
    35  mental facilities corporation for a capital appropriation of $10,000,000
    36  authorized by chapter 55 of the laws of 2009 to the department of  envi-
    37  ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
    38  proceeds of notes or bonds issued by the environmental facilities corpo-
    39  ration for disbursements of up to $12,000,000 from any capital appropri-
    40  ations or reappropriations authorized by chapter 55 of the laws of  2009
    41  to  the  department  of  environmental  conservation  for  environmental
    42  purposes, reimbursement from the proceeds of notes or  bonds  issued  by
    43  the  urban  development  corporation  for capital disbursements of up to
    44  $3,000,000 from any capital appropriation or reappropriation  authorized
    45  by  chapter 50 of the laws of 2009 to the division of military and naval
    46  affairs for various purposes, reimbursement from the proceeds  of  notes
    47  or  bonds  issued  by  the  urban  development corporation for a capital
    48  appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
    49  to the division  of  state  police  for  rehabilitation  of  facilities,
    50  reimbursement from the proceeds of notes or bonds issued by the Dormito-
    51  ry  Authority  of  the State of New York or other financing source for a
    52  capital appropriation authorized by chapter 53 of the laws  of  2009  of
    53  $14,000,000  to the State Education Department for library construction,
    54  reimbursement from the proceeds of notes or bonds issued by the Dormito-
    55  ry Authority of the State of New York or other financing  source  for  a
    56  capital  appropriation  of  $4,000,000 to the State Education Department

        S. 6606--B                         209                        A. 9706--C
 
     1  for rehabilitation associated  with  the  St.  Regis  Mohawk  elementary
     2  school  authorized  by  chapter 53 of the laws of 2009 and reimbursement
     3  from the proceeds of notes or bonds  issued  by  the  urban  development
     4  corporation for capital appropriation of $25,000,000 authorized by chap-
     5  ter  55  of  the  laws  of 2009 to the urban development corporation for
     6  services and expenses related to the empire state  economic  development
     7  fund.
     8    §  29.  Notwithstanding  any  other  law,  rule,  or regulation to the
     9  contrary, the comptroller is hereby authorized and directed  to  deposit
    10  to  the  credit  of  the  capital  projects fund, reimbursement from the
    11  proceeds of notes or bonds issued by the environmental facilities corpo-
    12  ration for a capital appropriation of $29,600,000 authorized by a  chap-
    13  ter  of the laws of 2010 to the department of environmental conservation
    14  for payment of a portion of the state's match for federal capitalization
    15  grants for the water pollution control revolving loan  fund,  reimburse-
    16  ment from the proceeds of notes or bonds issued by the urban development
    17  corporation  for a capital appropriation of $187,285,000 authorized by a
    18  chapter of the laws of 2010 to all state departments  and  agencies  for
    19  the purchase of equipment or systems development, reimbursement from the
    20  proceeds  of  notes or bonds issued by the urban development corporation
    21  for disbursements of up to $26,950,000 from any capital appropriation or
    22  reappropriation authorized by a chapter of  the  laws  of  2010  to  the
    23  office  of general services for various purposes, reimbursement from the
    24  proceeds of notes or bonds issued by the environmental facilities corpo-
    25  ration for a capital appropriation of $19,247,000 authorized by a  chap-
    26  ter of the laws of 2010 to the energy research and development authority
    27  for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
    28  reimbursement from the proceeds of notes or bonds issued by the environ-
    29  mental facilities corporation for a capital appropriation of  $5,000,000
    30  authorized  by  a chapter of the laws of 2010 to the department of envi-
    31  ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
    32  proceeds of notes or bonds issued by the environmental facilities corpo-
    33  ration for disbursements of up to $12,000,000 from any capital appropri-
    34  ations  or  reappropriations authorized by a chapter of the laws of 2010
    35  to  the  department  of  environmental  conservation  for  environmental
    36  purposes,  reimbursement  from  the proceeds of notes or bonds issued by
    37  the urban development corporation for capital  disbursements  of  up  to
    38  $3,000,000  from any capital appropriation or reappropriation authorized
    39  by a chapter of the laws of 2010 to the division of military  and  naval
    40  affairs  for  various purposes, reimbursement from the proceeds of notes
    41  or bonds issued by the  urban  development  corporation  for  a  capital
    42  appropriation  of $6,000,000 authorized by a chapter of the laws of 2010
    43  to the division  of  state  police  for  rehabilitation  of  facilities,
    44  reimbursement from the proceeds of notes or bonds issued by the Dormito-
    45  ry  Authority  of  the State of New York or other financing source for a
    46  capital appropriation of $14,000,000 authorized by a chapter of the laws
    47  of 2010 to the State Education Department for library  construction  and
    48  reimbursement from the proceeds of notes or bonds issued by the Dormito-
    49  ry  Authority  of  the State of New York or other financing source for a
    50  capital appropriation of $42,000,000  for  the  State  preparedness  and
    51  training center.
    52    §  30.  Notwithstanding  any  other  law,  rule,  or regulation to the
    53  contrary, the comptroller is hereby authorized and directed  to  deposit
    54  to  the  credit  of  the  capital  projects fund, reimbursement from the
    55  proceeds of notes or bonds issued by the dormitory authority  and  urban
    56  development  corporation  for  disbursements of up to $8,000,000 from an

        S. 6606--B                         210                        A. 9706--C
 
     1  appropriation authorized by chapter 50 of the  laws  of  2009  for  drug
     2  courts.
     3    §  31.  Notwithstanding  any  other  law,  rule,  or regulation to the
     4  contrary, the comptroller is hereby authorized and directed  to  deposit
     5  to  the  credit  of  the  city  university  special  revenue fund (377),
     6  reimbursement from the proceeds of notes or bonds issued by the Dormito-
     7  ry Authority of the State of New York for capital disbursements of up to
     8  $20,000,000 from any  appropriation  or  reappropriation  authorized  by
     9  chapter  53  of  the laws of 2009 to the city university of New York for
    10  various purposes.
    11    § 32. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    12  contrary, the state comptroller is hereby authorized and directed to use
    13  any  balance  remaining  in the mental health services fund debt service
    14  appropriation, after payment by the state comptroller of all obligations
    15  required pursuant to any lease, sublease, or other financing arrangement
    16  between the dormitory authority of the state of New York as successor to
    17  the New York state medical  care  facilities  finance  agency,  and  the
    18  facilities development corporation pursuant to chapter 83 of the laws of
    19  1995  and  the  department  of  mental hygiene for the purpose of making
    20  payments to the dormitory authority of the state of  New  York  for  the
    21  amount  of  the  earnings  for the investment of monies deposited in the
    22  mental health services fund that such agency determines will or may have
    23  to be rebated to the federal government pursuant to  the  provisions  of
    24  the  internal  revenue code of 1986, as amended, in order to enable such
    25  agency to maintain the exemption from federal  income  taxation  on  the
    26  interest paid to the holders of such agency's mental services facilities
    27  improvement revenue bonds. On or before June 30, 2010, such agency shall
    28  certify  to  the  state  comptroller  its  determination  of the amounts
    29  received in the mental health services fund as a result of  the  invest-
    30  ment  of monies deposited therein that will or may have to be rebated to
    31  the federal government pursuant to the provisions of the internal reven-
    32  ue code of 1986, as amended.
    33    § 33. (1) Notwithstanding any other law, rule, or  regulation  to  the
    34  contrary,  the state comptroller shall at the commencement of each month
    35  certify to the director of the budget, the commissioner of environmental
    36  conservation, the chair of the senate finance committee, and  the  chair
    37  of  the assembly ways and means committee the amounts disbursed from all
    38  appropriations for hazardous waste site  remediation  disbursements  for
    39  the month preceding such certification.
    40    (2)  Notwithstanding any law to the contrary, prior to the issuance by
    41  the comptroller of bonds authorized pursuant to subdivision a of section
    42  4 of the environmental quality bond act of nineteen hundred  eighty-six,
    43  as  enacted  by  chapter 511 of the laws of 1986, disbursements from all
    44  appropriations for that purpose shall first be  reimbursed  from  moneys
    45  credited  to  the  hazardous waste remedial fund, site investigation and
    46  construction account,  to  the  extent  moneys  are  available  in  such
    47  account.  For  purposes of determining moneys available in such account,
    48  the commissioner of environmental  conservation  shall  certify  to  the
    49  comptroller  the  amounts  required  for administration of the hazardous
    50  waste remedial program.
    51    (3) The comptroller is hereby authorized and directed to transfer  any
    52  balance above the amounts certified by the commissioner of environmental
    53  conservation  to  reimburse disbursements pursuant to all appropriations
    54  from such site investigation and construction account; provided,  howev-
    55  er,  that  if  such  transfers  are  determined by the comptroller to be
    56  insufficient to assure that interest paid  to  holders  of  state  obli-

        S. 6606--B                         211                        A. 9706--C
 
     1  gations  issued  for  hazardous  waste purposes pursuant to the environ-
     2  mental quality bond act of nineteen hundred eighty-six,  as  enacted  by
     3  chapter 511 of the laws of 1986, is exempt from federal income taxation,
     4  the comptroller is hereby authorized and directed to transfer, from such
     5  site  investigation  and  construction  account to the general fund, the
     6  amount necessary to redeem bonds in an amount necessary  to  assure  the
     7  continuation  of such tax exempt status. Prior to the making of any such
     8  transfers, the comptroller shall notify the director of  the  budget  of
     9  the amount of such transfers.
    10    § 34. Intentionally omitted.
    11    §  35.  Subdivision 4 of section 72 of the state finance law, as sepa-
    12  rately amended by chapters 405 and 957 of the laws of 1981,  is  amended
    13  to read as follows:
    14    4.  (a)  Any  balance  of moneys in any debt service fund in excess of
    15  both the debt principal and interest payments required to be  made  from
    16  such fund during the current fiscal year, or during future fiscal years,
    17  and any reserve requirement established by statute or by a relevant bond
    18  covenant, shall be transferred to the general fund.
    19    (b)  On  or  before the beginning of each quarter, the director of the
    20  budget may certify to the state  comptroller  the  estimated  amount  of
    21  monies  that  shall be reserved in the general debt service fund for the
    22  payment of debt service and related expenses payable by such fund during
    23  each month of the state fiscal year, excluding  payments  due  from  the
    24  revenue  bond tax fund. Such certificate may be periodically updated, as
    25  necessary. Notwithstanding any provision of law  to  the  contrary,  the
    26  state  comptroller  shall  reserve  in the general debt service fund the
    27  amount of monies identified on such certificate  as  necessary  for  the
    28  payment  of debt service and related expenses during the current or next
    29  succeeding quarter of the state fiscal year. Such monies reserved  shall
    30  not  be  available  for  any  other  purpose.  Such certificate shall be
    31  reported to the chairpersons of the Senate  Finance  Committee  and  the
    32  Assembly  Ways  and  Means  Committee.  The provisions of this paragraph
    33  shall expire June thirtieth, two thousand twelve.
    34    § 36. Intentionally omitted.
    35    § 37. Intentionally omitted.
    36    § 38. Intentionally omitted.
    37    § 39. Paragraph a of subdivision 4 of section 57 of the state  finance
    38  law,  as  amended by chapter 437 of the laws of 2004, is amended to read
    39  as follows:
    40    a. Such bonds shall be sold at par, at par  plus  a  premium  [not  to
    41  exceed five percent in the case of refunding bonds or five-tenths of one
    42  percent  in the case of all other bonds], or at a discount to the bidder
    43  offering the lowest interest cost to the state,  taking  into  consider-
    44  ation  any  premium or discount and, in the case of refunding bonds, the
    45  bona fide initial public offering price, not less  than  four  nor  more
    46  than  fifteen  days,  Sundays  excepted, after a notice of such sale has
    47  been published at least once in a definitive trade  publication  of  the
    48  municipal  bond  industry published on each business day in the state of
    49  New York which is generally available to participants in  the  municipal
    50  bond  industry,  which  notice  shall  state the terms of the sale.  The
    51  comptroller may not change the terms of the sale unless notice  of  such
    52  change is sent via a definitive trade wire service of the municipal bond
    53  industry which, in general, makes available information regarding activ-
    54  ity  and  sales of municipal bonds and is generally available to partic-
    55  ipants in the municipal bond industry, at least one [day] hour prior  to
    56  the [date] time of the sale as set forth in the original notice of sale.

        S. 6606--B                         212                        A. 9706--C
 
     1  In  so  changing  the  terms or conditions of a sale the comptroller may
     2  send notice by such wire service that the sale will be delayed by up  to
     3  thirty  days,  provided  that  wire  notice of the new sale date will be
     4  given  at least one business day prior to the new time when bids will be
     5  accepted. In such event, no new notice of sale shall be required  to  be
     6  published.  Notwithstanding the provisions of section three hundred five
     7  of the state technology law or any other law,  if  the  notice  of  sale
     8  contains  a  provision that bids will only be accepted electronically in
     9  the manner provided in such notice of sale, the comptroller shall not be
    10  required to accept non-electronic bids in any form. Advertisements shall
    11  contain a provision to the effect that the state comptroller, in his  or
    12  her  discretion,  may  reject  any or all bids made in pursuance of such
    13  advertisements, and in the event of  such  rejection,  the  state  comp-
    14  troller  is  authorized  to  negotiate a private sale or readvertise for
    15  bids in the form and manner above described as many times as, in his  or
    16  her  judgment, may be necessary to effect a satisfactory sale.  Notwith-
    17  standing the foregoing provisions of this  paragraph,  whenever  in  the
    18  judgment  of  the  comptroller the interests of the state will be served
    19  thereby, he or she may sell state bonds at private sale at par,  at  par
    20  plus  a  premium  [not  to  exceed five percent in the case of refunding
    21  bonds or five-tenths of one percent in the case of all other bonds],  or
    22  at  a  discount.  The comptroller shall promulgate regulations governing
    23  the terms and conditions of any such private  sales,  which  regulations
    24  shall  include  a  provision that he or she give notice to the governor,
    25  the temporary president of the senate, and the speaker of the  assembly,
    26  of  his or her intention to conduct a private sale of obligations pursu-
    27  ant to this section not less than five days prior to such  sale  or  the
    28  execution of any binding agreement to effect such sale.
    29    §  40.  Paragraph  (a)  of  subdivision  4  of section 60 of the state
    30  finance law, as amended by chapter 437 of the laws of 2004,  is  amended
    31  to read as follows:
    32    (a)  Such  bonds  shall  be sold at par, at par plus a premium [not to
    33  exceed five percent in the case of refunding bonds or five-tenths of one
    34  percent in the case of all other bonds], or at a discount to the  bidder
    35  offering  the  lowest  interest cost to the state, taking into consider-
    36  ation any premium or discount and, in the case of refunding  bonds,  the
    37  bona  fide  initial  public  offering price, not less than four nor more
    38  than fifteen days, Sundays excepted, after a notice  of  such  sale  has
    39  been  published  at  least once in a definitive trade publication of the
    40  municipal bond industry published on each business day in the  state  of
    41  New  York  which is generally available to participants in the municipal
    42  bond industry, which notice shall state the terms  of  the  sale.    The
    43  comptroller  may  not change the terms of the sale unless notice of such
    44  change is sent via a definitive trade wire service of the municipal bond
    45  industry which, in general, makes available information regarding activ-
    46  ity and sales of municipal bonds and is generally available  to  partic-
    47  ipants  in the municipal bond industry, at least one [day] hour prior to
    48  the [date] time of the sale as set forth in the original notice of sale.
    49  In so changing the terms or conditions of a  sale  the  comptroller  may
    50  send  notice by such wire service that the sale will be delayed by up to
    51  thirty days, provided that wire notice of the  new  sale  date  will  be
    52  given  at least one business day prior to the new time when bids will be
    53  accepted. In such event, no new notice of sale shall be required  to  be
    54  published.  Notwithstanding the provisions of section three hundred five
    55  of the state technology law or any other law,  if  the  notice  of  sale
    56  contains  a  provision that bids will only be accepted electronically in

        S. 6606--B                         213                        A. 9706--C
 
     1  the manner provided in such notice of sale, the comptroller shall not be
     2  required to accept non-electronic bids in any form. Advertisements shall
     3  contain a provision to the effect that the state comptroller, in his  or
     4  her  discretion,  may  reject  any or all bids made in pursuance of such
     5  advertisements, and in the event of  such  rejection,  the  state  comp-
     6  troller  is  authorized  to  negotiate a private sale or readvertise for
     7  bids in the form and manner above described as many times as, in his  or
     8  her  judgment, may be necessary to effect a satisfactory sale.  Notwith-
     9  standing the foregoing provisions of this subdivision, whenever  in  the
    10  judgment  of  the  comptroller the interests of the state will be served
    11  thereby, he or she may sell state bonds at private sale at par,  at  par
    12  plus  a  premium  [not  to  exceed five percent in the case of refunding
    13  bonds or five-tenths of one percent in the case of all other bonds],  or
    14  at  a  discount.  The comptroller shall promulgate regulations governing
    15  the terms and conditions of any such private  sales,  which  regulations
    16  shall  include  a  provision that he or she give notice to the governor,
    17  the temporary president of the senate, and the speaker of  the  assembly
    18  of  his or her intention to conduct a private sale of obligations pursu-
    19  ant to this section not less than five days prior to such  sale  or  the
    20  execution of any binding agreement to effect such sale.
    21    §  41.  The state finance law is amended by adding a new section 73 to
    22  read as follows:
    23    § 73. Federal interest subsidy  payments.  Notwithstanding  any  other
    24  provision  of  law  to  the  contrary, the comptroller shall deposit any
    25  federal interest subsidy payments received by the state  for  state-sup-
    26  ported debt issued as build America bonds, as authorized pursuant to the
    27  American  Recovery  and Reinvestment Act of 2009, as amended or pursuant
    28  to any successor authorization, to each  respective  debt  service  fund
    29  which relates to such bonds.
    30    §  42.  Subdivision 2 of section 1680-m of the public authorities law,
    31  as added by section 39 of part T of chapter 57 of the laws of  2007,  is
    32  amended to read as follows:
    33    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    34  order to assist the authority and the urban development  corporation  in
    35  undertaking  the financing [of] for construction [of a collections stor-
    36  age facility for the state museum,  the  state  library  and  the  state
    37  archives]  and  rehabilitation  associated  with  the cultural education
    38  facilities and the St. Regis Mohawk elementary school, the  director  of
    39  the  budget  is  hereby  authorized  to  enter  into one or more service
    40  contracts with the authority and the urban development corporation, none
    41  of which shall exceed thirty years in  duration,  upon  such  terms  and
    42  conditions as the director of the budget and the authority and the urban
    43  development corporation agree, so as to annually provide to the authori-
    44  ty and the urban development corporation, in the aggregate, a sum not to
    45  exceed  the  principal, interest, and related expenses required for such
    46  bonds and notes. Any service contract  entered  into  pursuant  to  this
    47  section shall provide that the obligation of the state to pay the amount
    48  therein  provided  shall  not  constitute a debt of the state within the
    49  meaning of any constitutional or statutory provision and shall be deemed
    50  executory only to the extent of monies available and that  no  liability
    51  shall  be  incurred  by  the  state beyond the monies available for such
    52  purpose, subject to annual appropriation by the  legislature.  Any  such
    53  contract  or  any payments made or to be made thereunder may be assigned
    54  and pledged by the authority and the urban  development  corporation  as
    55  security for its bonds and notes, as authorized by this section.

        S. 6606--B                         214                        A. 9706--C
 
     1    §  43.  Subdivision 4 of section 1689-i of the public authorities law,
     2  as added by chapter 60 of the laws  of  2006,  is  amended  to  read  as
     3  follows:
     4    4. [(a)] To obtain funds for the purposes of this section, the author-
     5  ity  shall  have  power from time to time, in accordance with a schedule
     6  certified to the authority by the commissioner of education  identifying
     7  eligible  library  construction projects approved for the payment of aid
     8  apportionments pursuant to section two hundred  seventy-three-a  of  the
     9  education  law,  to  issue  negotiable  bonds or notes of the authority.
    10  Unless the context shall clearly indicate otherwise, whenever the  words
    11  "bond"  or  "bonds" are used in this section, such words shall include a
    12  note or notes of the authority.
    13    [(b) The dormitory authority shall not issue any bonds or notes in  an
    14  amount  in  excess  of fourteen million dollars for the purposes of this
    15  section.]
    16    § 44. Intentionally omitted.
    17    § 45.  Subdivisions 6 and 8 of section 1689-i of the  public  authori-
    18  ties  law,  as added by section 4 of part I of chapter 61 of the laws of
    19  2006, are amended to read as follows:
    20    6. The commissioner of education shall certify, from time to time,  to
    21  the  dormitory  authority, the comptroller, the director of the division
    22  of the budget, the chair of the senate finance committee and  the  chair
    23  of  the assembly ways and means committee each school district for which
    24  he or she has determined an aid apportionment for authority financing of
    25  an EXCEL project pursuant to subdivision fourteen of section  thirty-six
    26  hundred  forty-one of the education law. Such certification, which shall
    27  be made within thirty days after such determination or as soon thereaft-
    28  er as is practicable, shall identify the  amount  of  aid  apportionment
    29  which  has been approved for such school district and shall estimate the
    30  date or dates when such  project  will  be  undertaken  [to  assist  the
    31  authority  in  establishing  a  schedule for financing such project. The
    32  commissioner of education shall notify  the  authority  if  there  is  a
    33  change in such date].
    34    8.  To  obtain  funds  for the purposes of this section, the authority
    35  shall have power from time to time, [in accordance with a  certification
    36  to  the  authority by the commissioner of education pursuant to subdivi-
    37  sion six of this section,] to issue negotiable bonds  or  notes  of  the
    38  authority.  Unless the context shall clearly indicate otherwise, whenev-
    39  er  the  words  "bond"  or  "bonds" are used in this section, such words
    40  shall include a note or notes of the authority.
    41    § 46. Subdivision 1 of section 1689-i of the public  authorities  law,
    42  as  amended  by section 40 of part PP of chapter 56 of the laws of 2009,
    43  is amended to read as follows:
    44    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
    45  request  of  the  commissioner of education, to finance eligible library
    46  construction projects pursuant to section two hundred seventy-three-a of
    47  the education law, in amounts certified  by  such  commissioner  not  to
    48  exceed a total principal amount of [fifty-six] seventy million dollars.
    49    §  47.  Subdivision 1 of section 1680-m of the public authorities law,
    50  as amended by section 41 of part PP of chapter 56 of the laws  of  2009,
    51  is amended to read as follows:
    52    1.  Notwithstanding  the  provisions of any other law to the contrary,
    53  the authority and the urban development corporation are  hereby  author-
    54  ized  to  issue  bonds or notes in one or more series for the purpose of
    55  funding project costs for  construction  and  rehabilitation  associated
    56  with  the cultural education facilities and the St. Regis Mohawk elemen-

        S. 6606--B                         215                        A. 9706--C
 
     1  tary school. The aggregate principal amount of bonds  authorized  to  be
     2  issued  pursuant  to this section shall not exceed [ninety-one] seventy-
     3  nine million [five  hundred  eighty-five  thousand]  dollars,  excluding
     4  bonds  issued  to  fund  one  or more debt service reserve funds, to pay
     5  costs of issuance of such bonds, and bonds or notes issued to refund  or
     6  otherwise  repay  such  bonds or notes previously issued. Such bonds and
     7  notes of the authority and the urban development corporation  shall  not
     8  be  a  debt of the state, and the state shall not be liable thereon, nor
     9  shall they be payable out of any funds other than those appropriated  by
    10  the state to the authority for principal, interest, and related expenses
    11  pursuant to a service contract and such bonds and notes shall contain on
    12  the  face  thereof  a  statement  to such effect. Except for purposes of
    13  complying with the internal revenue code, any interest income earned  on
    14  bond proceeds shall only be used to pay debt service on such bonds.
    15    §  48.  Subdivision 3 of section 1285-p of the public authorities law,
    16  as amended by section 42 of part PP of chapter 56 of the laws  of  2009,
    17  is amended to read as follows:
    18    3.  The  maximum amount of bonds that may be issued for the purpose of
    19  financing  environmental  infrastructure  projects  authorized  by  this
    20  section shall be [eight] nine hundred [sixty-seven] three million [five]
    21  seven hundred forty-seven thousand dollars, exclusive of bonds issued to
    22  fund  any  debt  service  reserve  funds,  pay costs of issuance of such
    23  bonds, and bonds or notes issued to refund or otherwise repay  bonds  or
    24  notes  previously  issued. Such bonds and notes of the corporation shall
    25  not be a debt of the state, and the state shall not be  liable  thereon,
    26  nor shall they be payable out of any funds other than those appropriated
    27  by  the  state  to the corporation for debt service and related expenses
    28  pursuant to any service contracts executed pursuant to  subdivision  one
    29  of  this  section,  and  such  bonds and notes shall contain on the face
    30  thereof a statement to such effect.
    31    § 49.  Subdivision (a) of section 28 of part Y of chapter  61  of  the
    32  laws  of  2005,  providing  for  the administration of certain funds and
    33  accounts related to the 2005-2006 budget, is amended to read as follows:
    34    (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
    35  notwithstanding  any  provisions  of  law  to  the contrary, one or more
    36  authorized issuers as defined by section 68-a of the state  finance  law
    37  are  hereby  authorized to issue bonds or notes in one or more series in
    38  an aggregate principal amount not to exceed  [$15,000,000]  $18,000,000,
    39  excluding  bonds  issued  to  finance  one  or more debt service reserve
    40  funds, to pay costs of issuance of such bonds, and bonds or notes issued
    41  to refund or otherwise repay such bonds or notes previously issued,  for
    42  the  purpose of financing capital projects for public protection facili-
    43  ties in the Division of Military and Naval  Affairs,  debt  service  and
    44  leases;  and  to reimburse the state general fund for disbursements made
    45  therefor. Such bonds and notes of such authorized issuer shall not be  a
    46  debt  of the state, and the state shall not be liable thereon, nor shall
    47  they be payable out of any funds other than those  appropriated  by  the
    48  state  to  such  authorized issuer for debt service and related expenses
    49  pursuant to any service contract executed pursuant to subdivision (b) of
    50  this section and such bonds and notes shall contain on the face  thereof
    51  a  statement  to  such effect. Except for purposes of complying with the
    52  internal revenue code, any interest income earned on bond proceeds shall
    53  only be used to pay debt service on such bonds.
    54    § 50. Subdivision (a) of section 48 of part K of  chapter  81  of  the
    55  laws  of  2002,  providing  for  the administration of certain funds and
    56  accounts related to the 2002-2003 budget, as amended by  section  44  of

        S. 6606--B                         216                        A. 9706--C
 
     1  part  PP  of  chapter  56  of  the  laws  of 2009, is amended to read as
     2  follows:
     3    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
     4  notwithstanding the provisions of section 18 of  the  urban  development
     5  corporation  act, the corporation is hereby authorized to issue bonds or
     6  notes in one or more series in an  aggregate  principal  amount  not  to
     7  exceed  [$25,000,000]  $67,000,000 excluding bonds issued to fund one or
     8  more debt service reserve funds, to pay costs of issuance of such bonds,
     9  and bonds or notes issued to refund or otherwise  repay  such  bonds  or
    10  notes  previously  issued,  for  the  purpose of financing capital costs
    11  related to homeland security and training facilities for the division of
    12  state police, the division of military and naval affairs, and any  other
    13  state agency, including the reimbursement of any disbursements made from
    14  the state capital projects fund, and is hereby authorized to issue bonds
    15  or  notes  in one or more series in an aggregate principal amount not to
    16  exceed [$155,800,000] $165,800,000, excluding bonds issued to  fund  one
    17  or  more  debt  service  reserve funds, to pay costs of issuance of such
    18  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    19  or notes previously issued, for the purpose of financing improvements to
    20  State office buildings and other facilities located statewide, including
    21  the reimbursement of any  disbursements  made  from  the  state  capital
    22  projects  fund.  Such  bonds and notes of the corporation shall not be a
    23  debt of the state, and the state shall not be liable thereon, nor  shall
    24  they  be  payable  out of any funds other than those appropriated by the
    25  state to the corporation for debt service and related expenses  pursuant
    26  to  any  service  contracts executed pursuant to subdivision (b) of this
    27  section, and such bonds and notes shall contain on the  face  thereof  a
    28  statement to such effect.
    29    §  51.  Subdivision  4  of  section  66-b of the state finance law, as
    30  amended by section 45 of part PP of chapter 56 of the laws of  2009,  is
    31  amended to read as follows:
    32    4.  Subject to the provisions of chapter fifty-nine of the laws of two
    33  thousand, but notwithstanding any other provisions of law to the contra-
    34  ry, the maximum amount  of  certificates  of  participation  or  similar
    35  instruments  representing  periodic  payments  due from the state of New
    36  York, issued on behalf of  state  departments  and  agencies,  the  city
    37  university  of  New  York and any other state entity otherwise specified
    38  after March thirty-first, two  thousand  three  shall  be  [five]  seven
    39  hundred  [sixty-four] fifty-one million two hundred eighty-five thousand
    40  dollars. Such amount shall be exclusive of certificates of participation
    41  or similar instruments issued to fund a reserve fund or funds, costs  of
    42  issuance and to refund outstanding certificates of participation.
    43    § 52. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    44  of  1997,  providing  for  the  financing of the correctional facilities
    45  improvement fund and the youth facility improvement fund, as amended  by
    46  section  46  of part PP of chapter 56 of the laws of 2009, is amended to
    47  read as follows:
    48    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
    49  notwithstanding the provisions of section 18 of section 1 of chapter 174
    50  of the laws of 1968, the New York state urban development corporation is
    51  hereby  authorized  to  issue  bonds,  notes and other obligations in an
    52  aggregate principal amount not to exceed [five] six billion [eight]  one
    53  hundred  [thirty-seven]  sixty-four  million  [eight hundred] sixty-nine
    54  thousand dollars [$5,837,800,000] $6,164,069,000, and shall include  all
    55  bonds,  notes and other obligations issued pursuant to chapter 56 of the
    56  laws of 1983, as amended or supplemented. The proceeds  of  such  bonds,

        S. 6606--B                         217                        A. 9706--C
 
     1  notes  or  other  obligations shall be paid to the state, for deposit in
     2  the correctional facilities capital improvement fund to pay for  all  or
     3  any  portion  of  the amount or amounts paid by the state from appropri-
     4  ations  or  reappropriations  made  to  the  department  of correctional
     5  services from the correctional facilities capital improvement  fund  for
     6  capital  projects.  The  aggregate amount of bonds, notes or other obli-
     7  gations authorized to be issued pursuant to this section  shall  exclude
     8  bonds,  notes  or  other obligations issued to refund or otherwise repay
     9  bonds, notes or other obligations theretofore issued,  the  proceeds  of
    10  which  were  paid  to  the  state  for  all  or a portion of the amounts
    11  expended by the state from appropriations or  reappropriations  made  to
    12  the  department  of  correctional services; provided, however, that upon
    13  any such refunding or repayment the total aggregate principal amount  of
    14  outstanding bonds, notes or other obligations may be greater than [five]
    15  six billion [eight] one hundred [thirty-seven] sixty-four million [eight
    16  hundred]  sixty-nine  thousand  dollars [$5,837,800,000] $6,164,069,000,
    17  only if the present value of the aggregate debt service of the refunding
    18  or repayment bonds, notes or other obligations to be  issued  shall  not
    19  exceed  the  present  value  of the aggregate debt service of the bonds,
    20  notes or other obligations so to be refunded or repaid. For the purposes
    21  hereof, the present value of the aggregate debt service of the refunding
    22  or repayment bonds, notes or other obligations and of the aggregate debt
    23  service of the bonds, notes or other obligations so refunded or  repaid,
    24  shall  be  calculated  by  utilizing  the effective interest rate of the
    25  refunding or repayment bonds, notes or other obligations, which shall be
    26  that  rate  arrived  at  by  doubling  the  semi-annual  interest   rate
    27  (compounded  semi-annually)  necessary  to  discount  the  debt  service
    28  payments on the refunding or repayment bonds, notes or other obligations
    29  from the payment dates thereof to the date of issue of the refunding  or
    30  repayment bonds, notes or other obligations and to the price bid includ-
    31  ing  estimated  accrued interest or proceeds received by the corporation
    32  including estimated accrued interest from the sale thereof.
    33    § 53. Subdivision 1 of section 17 of part D of chapter 389 of the laws
    34  of 1997, providing for the  financing  of  the  correctional  facilities
    35  improvement  fund and the youth facility improvement fund, as amended by
    36  section 20 of part P2 of chapter 62 of the laws of 2003, is  amended  to
    37  read as follows:
    38    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    39  notwithstanding the provisions of section 18 of section 1 of chapter 174
    40  of the laws of 1968, the New York state urban development corporation is
    41  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    42  aggregate  principal  amount  not to exceed three hundred [twenty-eight]
    43  seventy-nine   million   five   hundred   fifteen    thousand    dollars
    44  [($328,515,000)]   ($379,515,000),  which  authorization  increases  the
    45  aggregate principal amount of bonds, notes and other obligations author-
    46  ized by section 40 of chapter 309 of the laws of 1996, and shall include
    47  all bonds, notes and other obligations issued pursuant to chapter 211 of
    48  the laws of 1990, as amended  or  supplemented.  The  proceeds  of  such
    49  bonds, notes or other obligations shall be paid to the state, for depos-
    50  it  in  the  youth  facilities  improvement  fund, to pay for all or any
    51  portion of the amount or amounts paid by the state  from  appropriations
    52  or  reappropriations  made to the office of children and family services
    53  from the youth facilities improvement fund  for  capital  projects.  The
    54  aggregate  amount of bonds, notes and other obligations authorized to be
    55  issued pursuant to this section shall  exclude  bonds,  notes  or  other
    56  obligations  issued  to  refund or otherwise repay bonds, notes or other

        S. 6606--B                         218                        A. 9706--C
 
     1  obligations theretofore issued, the proceeds of which were paid  to  the
     2  state  for  all  or  a portion of the amounts expended by the state from
     3  appropriations or reappropriations made to the office  of  children  and
     4  family  services;  provided,  however,  that  upon any such refunding or
     5  repayment the total aggregate principal  amount  of  outstanding  bonds,
     6  notes  or  other  obligations may be greater than three hundred [twenty-
     7  eight]  seventy-nine  million  five  hundred  fifteen  thousand  dollars
     8  [($328,515,000)] ($379,515,000), only if the present value of the aggre-
     9  gate  debt  service  of the refunding or repayment bonds, notes or other
    10  obligations to be issued shall not  exceed  the  present  value  of  the
    11  aggregate debt service of the bonds, notes or other obligations so to be
    12  refunded  or  repaid.  For the purposes hereof, the present value of the
    13  aggregate debt service of the refunding or  repayment  bonds,  notes  or
    14  other  obligations and of the aggregate debt service of the bonds, notes
    15  or other obligations so refunded  or  repaid,  shall  be  calculated  by
    16  utilizing  the  effective  interest  rate  of the refunding or repayment
    17  bonds, notes or other obligations, which shall be that rate  arrived  at
    18  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
    19  necessary to discount the debt service  payments  on  the  refunding  or
    20  repayment bonds, notes or other obligations from the payment dates ther-
    21  eof  to  the date of issue of the refunding or repayment bonds, notes or
    22  other obligations and to  the  price  bid  including  estimated  accrued
    23  interest  or  proceeds  received  by the corporation including estimated
    24  accrued interest from the sale thereof.
    25    § 54. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
    26  housing  finance  law, as amended by section 47 of part PP of chapter 56
    27  of the laws of 2009, is amended to read as follows:
    28    2. (a) Subject to the provisions of chapter fifty-nine of the laws  of
    29  two thousand, in order to enhance and encourage the promotion of housing
    30  programs  and thereby achieve the stated purposes and objectives of such
    31  housing programs, the agency shall have the power and is hereby  author-
    32  ized  from  time  to  time to issue negotiable housing program bonds and
    33  notes in such principal amount as shall be necessary to  provide  suffi-
    34  cient  funds  for the repayment of amounts disbursed (and not previously
    35  reimbursed) pursuant to law or any prior year making  capital  appropri-
    36  ations  or  reappropriations  for  the  purposes of the housing program;
    37  provided, however, that the agency may issue such bonds and notes in  an
    38  aggregate principal amount not exceeding two billion [four] five hundred
    39  [twenty-eight]  thirty-two million [one] two hundred [forty-one] ninety-
    40  nine thousand dollars, plus a principal amount of bonds issued  to  fund
    41  the  debt  service  reserve  fund  in  accordance  with the debt service
    42  reserve fund requirement established by the agency and to fund any other
    43  reserves that the agency reasonably deems necessary for the security  or
    44  marketability  of  such bonds and to provide for the payment of fees and
    45  other charges and expenses, including  underwriters'  discount,  trustee
    46  and rating agency fees, bond insurance, credit enhancement and liquidity
    47  enhancement  related to the issuance of such bonds and notes. No reserve
    48  fund securing the housing program bonds shall be entitled or eligible to
    49  receive state funds apportioned or appropriated to maintain  or  restore
    50  such  reserve  fund at or to a particular level, except to the extent of
    51  any deficiency resulting directly or indirectly from a  failure  of  the
    52  state to appropriate or pay the agreed amount under any of the contracts
    53  provided for in subdivision four of this section.
    54    §  55.  This  act shall take effect immediately and shall be deemed to
    55  have been in full force and effect on and after April 1, 2010, provided,
    56  however, that:

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     1    (a) section forty-two of this act shall be deemed to have been in full
     2  force and effect on and after April 1, 2008;
     3    (b)  sections  one,  two,  three, four, five, six, seven, eight, nine,
     4  ten, eighteen, and nineteen through twenty-nine of this act shall expire
     5  March 31, 2011, when, upon such date, the provisions  of  such  sections
     6  shall be deemed repealed; and
     7    (c)  the  amendments  to  subdivision 5 of section 97-rrr of the state
     8  finance law made by section fifteen of this act  shall  not  affect  the
     9  expiration of such subdivision and shall be deemed to expire therewith.

    10                                   PART KK
 
    11    Section  1.  Sections  1 and 2 of part H of chapter 503 of the laws of
    12  2009 relating to the disposition of monies recovered by county  district
    13  attorneys  before the filing of an accusatory instrument, are amended to
    14  read as follows:
    15    Section 1.  When a county district attorney of a county located  in  a
    16  city  of  one  million  or  more recovers monies before the filing of an
    17  accusatory instrument as defined in subdivision 1 of section 1.20 of the
    18  criminal procedure law, after injured parties  have  been  appropriately
    19  compensated, the district attorney's office shall retain a percentage of
    20  the remaining such monies in recognition that such monies were recovered
    21  as  a  result  of investigations undertaken by [the district attorney's]
    22  such office. The total amount of such monies to be retained by the coun-
    23  ty district attorney's office shall equal ten percent of the first twen-
    24  ty-five million dollars received by such office during the state  fiscal
    25  year,  plus  seven  and one-half percent of such monies received by such
    26  office in excess of twenty-five million  dollars  but  less  than  fifty
    27  million  dollars,  plus five percent of any such monies received by such
    28  office in excess of fifty million dollars  but  less  than  one  hundred
    29  million dollars, plus one percent of such monies received by such office
    30  in  excess of one hundred million dollars.  The remainder of such monies
    31  shall be paid by the district attorney's office to the state and to  the
    32  county in equal amounts within thirty days of receipt, where disposition
    33  of  such  monies is not otherwise prescribed by law.  Monies distributed
    34  to a county district attorney's office pursuant to this section shall be
    35  used to enhance law enforcement efforts and shall not supplant funds for
    36  ordinary budgetary costs including salaries of personnel and expenses of
    37  district attorneys.
    38    § 2. This act shall take effect immediately and shall remain  in  full
    39  force and effect until the last day of March, [2010] 2011, when it shall
    40  expire and be deemed repealed.
    41    §  2.  This act shall take effect immediately; provided, however, that
    42  the amendments made to section 1 of chapter 503 of the laws of 2009 made
    43  by section one of this act shall not affect the repeal of  such  section
    44  and shall be deemed to be repealed therewith.
 
    45                                   PART LL
 
    46    Section 1. Section 130 of the executive law, as amended by chapter 680
    47  of  the laws of 1967 and the opening paragraph as amended by chapter 673
    48  of the laws of 2002, is amended to read as follows:
    49    § 130. Appointment of notaries public. 1. The secretary of  state  may
    50  appoint and commission as many notaries public for the state of New York
    51  as  in  his or her judgment may be deemed best, whose jurisdiction shall
    52  be co-extensive with the boundaries of the state. The appointment  of  a

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     1  notary  public  shall be for a term of four years. An application for an
     2  appointment as notary public shall be in form and set forth such matters
     3  as the secretary of state shall prescribe.  Every  person  appointed  as
     4  notary  public must, at the time of his or her appointment, be a citizen
     5  of the United States and either a resident of the state of New  York  or
     6  have  an  office or place of business in New York state. A notary public
     7  who is a resident of the state and who moves out of the state but  still
     8  maintains  a  place  of business or an office in New York state does not
     9  vacate his or her office as a notary public. A notary public  who  is  a
    10  nonresident  and  who  ceases  to have an office or place of business in
    11  this state, vacates his or her office  as  a  notary  public.  A  notary
    12  public  who  is  a resident of New York state and moves out of the state
    13  and who does not retain an office or place of  business  in  this  state
    14  shall  vacate  his  or her office as a notary public. A non-resident who
    15  accepts the office of notary public in this state thereby  appoints  the
    16  secretary  of state as the person upon whom process can be served on his
    17  or her behalf. Before issuing to any applicant a  commission  as  notary
    18  public,  unless  he  or  she  be  an attorney and counsellor at law duly
    19  admitted to practice in this state or a court clerk of the unified court
    20  system who has been appointed to such  position  after  taking  a  civil
    21  service promotional examination in the court clerk series of titles, the
    22  secretary  of  state shall satisfy himself or herself that the applicant
    23  is of good moral character, has the equivalent of a common school educa-
    24  tion and is familiar with the duties and responsibilities  of  a  notary
    25  public;  provided,  however,  that where a notary public applies, before
    26  the expiration of his or her term, for  reappointment  with  the  county
    27  clerk  or  where a person whose term as notary public shall have expired
    28  applies within six months  thereafter  for  reappointment  as  a  notary
    29  public with the county clerk, such qualifying requirements may be waived
    30  by  the  secretary of state, and further, where an application for reap-
    31  pointment is filed with the county clerk after  the  expiration  of  the
    32  aforementioned  renewal  period  by a person who failed or was unable to
    33  re-apply by reason of his or her induction or enlistment  in  the  armed
    34  forces  of  the  United States, such qualifying requirements may also be
    35  waived by the secretary of state, provided such  application  for  reap-
    36  pointment  is  made  within  a  period  of  one  year after the military
    37  discharge of the applicant under conditions other than dishonorable.  In
    38  any  case,  the  appointment or reappointment of any applicant is in the
    39  discretion of the secretary of state. The secretary of state may suspend
    40  or remove from office, for misconduct, any notary  public  appointed  by
    41  him  or  her  but no such removal shall be made unless the person who is
    42  sought to be removed shall have been served with a copy of  the  charges
    43  against  him  or  her  and have an opportunity of being heard. No person
    44  shall be appointed as a notary public under this article  who  has  been
    45  convicted, in this state or any other state or territory, of a felony or
    46  any of the following offenses, to wit:
    47    (a)  Illegally using, carrying or possessing a pistol or other danger-
    48  ous weapon; (b) making or possessing burglar's instruments;  (c)  buying
    49  or  receiving  or  criminally  possessing  stolen property; (d) unlawful
    50  entry of a building; (e)  aiding  escape  from  prison;  (f)  unlawfully
    51  possessing  or  distributing habit forming narcotic drugs; (g) violating
    52  sections two hundred seventy, two hundred seventy-a, two hundred  seven-
    53  ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
    54  ty-five,  two  hundred  seventy-six,  five  hundred  fifty, five hundred
    55  fifty-one, five hundred fifty-one-a and subdivisions six, eight, ten  or
    56  eleven of section seven hundred twenty-two of the former penal law as in

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     1  force  and effect immediately prior to September first, nineteen hundred
     2  sixty-seven, or violating sections 165.25, 165.30,  subdivision  one  of
     3  section 240.30, subdivision three of section 240.35 of the penal law, or
     4  violating  sections  four  hundred  seventy-eight, four hundred seventy-
     5  nine, four hundred eighty, four hundred eighty-one, four hundred  eight-
     6  y-four,  four  hundred  eighty-nine  and  four hundred ninety-one of the
     7  judiciary law; or (h) vagrancy or prostitution, and who has  not  subse-
     8  quent  to  such  conviction  received  an executive pardon therefor or a
     9  certificate of relief from disabilities or a certificate of good conduct
    10  [from  the  parole  board]  pursuant  to  article  twenty-three  of  the
    11  correction  law  to  remove the disability under this section because of
    12  such conviction.
    13    2. A person regularly admitted to practice as an attorney and counsel-
    14  lor in the courts of record of this state, whose office for the practice
    15  of law is within the state, may be appointed a notary public and  retain
    16  his office as such notary public although he resides in or removes to an
    17  adjoining  state.  For the purpose of this and the following sections of
    18  this article such person shall be deemed a resident of the county  where
    19  he maintains such office.
    20    §  2. Subdivision 3 of section 175 of the executive law, as amended by
    21  chapter 43 of the laws of 2002, is amended to read as follows:
    22    3. Upon a showing by the attorney general in  an  application  for  an
    23  injunction that any person engaged in solicitation has been convicted in
    24  this  state  or  elsewhere of a felony or of a misdemeanor involving the
    25  misappropriation, misapplication or misuse of the money or  property  of
    26  another, and who has not, subsequent to such conviction, received execu-
    27  tive  pardon  therefor or a certificate of relief from disabilities or a
    28  certificate of good conduct [from the parole board] pursuant to  article
    29  twenty-three  of the correction law, the supreme court, after a hearing,
    30  may enjoin such person from engaging in any solicitation.
    31    § 3. The opening paragraph of subdivision 2  of  section  102  of  the
    32  alcoholic beverage control law, as amended by chapter 340 of the laws of
    33  1972, is amended to read as follows:
    34    No  person holding any license hereunder, other than a license to sell
    35  an alcoholic beverage at  retail  for  off-premises  consumption,  shall
    36  knowingly employ in connection with his business in any capacity whatso-
    37  ever,  any  person,  who  has  been convicted of a felony, or any of the
    38  following offenses, who has not subsequent to such  conviction  received
    39  an  executive  pardon  therefor removing any civil disabilities incurred
    40  thereby, a certificate of relief from disabilities or a  certificate  of
    41  good  conduct pursuant to article twenty-three of the correction law, or
    42  other relief from disabilities provided by law, or the written  approval
    43  of the state liquor authority permitting such employment, to wit:
    44    §  4.  Subdivision  4 of section 96-z-3 of the agriculture and markets
    45  law, as added by chapter 391 of the laws of 1968, is amended to read  as
    46  follows:
    47    (4)  applicant,  an  officer,  director, partner, or holder of ten per
    48  centum or more of the voting stock of an applicant has been convicted of
    49  a felony by a court of the United States or any state or territory ther-
    50  eof, without subsequent pardon by  the  governor  or  other  appropriate
    51  authority  of  the  state  or  jurisdiction  in  which  such  conviction
    52  occurred, or the receipt of [either] a certificate of relief from  disa-
    53  bilities  or  a  certificate  of good conduct [from the board of parole]
    54  pursuant to [the executive law] article twenty-three of  the  correction
    55  law,

        S. 6606--B                         222                        A. 9706--C
 
     1    §  5. Paragraph (d) of subdivision 4 of section 129 of the agriculture
     2  and markets law, as added by chapter 816 of the laws of 1974, is amended
     3  to read as follows:
     4    (d)  The  applicant or registrant, or an officer, director, partner or
     5  holder of ten per centum or more of the voting stock of the applicant or
     6  registrant, has been convicted of a felony by  a  court  of  the  United
     7  States  or  any state or territory thereof, without subsequent pardon by
     8  the governor or other appropriate authority of the state or jurisdiction
     9  in which such conviction occurred, or receipt of a certificate of relief
    10  from disabilities or a certificate of good conduct [from  the  board  of
    11  parole] pursuant to article twenty-three of the correction law;
    12    § 6. Paragraph (b) of subdivision 6 of section 369 of the banking law,
    13  as  amended  by  chapter  164 of the laws of 2003, is amended to read as
    14  follows:
    15    (b) is associating or consorting with any person who has,  or  persons
    16  who  have,  been  convicted  of a crime or crimes in any jurisdiction or
    17  jurisdictions; provided, however,  that  the  superintendent  shall  not
    18  issue  such a license if he shall find that the applicant, or any person
    19  who is a director, officer,  partner,  agent,  employee  or  substantial
    20  stockholder  of  the  applicant,  has  been convicted of a felony in any
    21  jurisdiction or of a crime which, if committed within this state,  would
    22  constitute  a  felony  under  the laws thereof. For the purposes of this
    23  article, a person shall be deemed to have been convicted of a  crime  if
    24  such person shall have pleaded guilty to a charge thereof before a court
    25  or  magistrate,  or shall have been found guilty thereof by the decision
    26  or judgment of a court or magistrate or by the verdict of a jury,  irre-
    27  spective  of  the  pronouncement  of sentence or the suspension thereof,
    28  unless such plea of guilty, or such decision, judgment or verdict, shall
    29  have been set aside, reversed or otherwise abrogated by lawful  judicial
    30  process  or unless the person convicted of the crime shall have received
    31  a pardon therefor from the president of the United States or the  gover-
    32  nor   or  other  pardoning  authority  in  the  jurisdiction  where  the
    33  conviction was had, or shall have received a certificate of relief  from
    34  disabilities  or  a certificate of good conduct [granted by the board of
    35  parole] pursuant to [the provisions of the executive law] article  twen-
    36  ty-three of the correction law to remove the disability under this arti-
    37  cle  because  of such conviction. The term "substantial stockholder," as
    38  used in this subdivision, shall be deemed to refer to a person owning or
    39  controlling ten per centum or more of the total outstanding stock of the
    40  corporation in which such person is a stockholder. In making a  determi-
    41  nation  pursuant  to  this subdivision, the superintendent shall require
    42  fingerprinting of the applicant. Such fingerprints shall be submitted to
    43  the division of criminal justice services for a state  criminal  history
    44  record  check,  as  defined in subdivision one of section three thousand
    45  thirty-five of the education law, and may be submitted  to  the  federal
    46  bureau of investigation for a national criminal history record check.
    47    § 7. Subdivision 4 of section 79-a of the civil rights law, as amended
    48  by chapter 687 of the laws of 1973, is amended to read as follows:
    49    4.  This section shall not apply to a person sentenced to imprisonment
    50  for an indeterminate term, having a minimum of one day and a maximum  of
    51  his natural life.
    52    Nothing  in this section shall be deemed to preclude the issuance of a
    53  certificate of relief from disabilities or a certificate of good conduct
    54  [by the board  of  parole]  pursuant  to  article  twenty-three  of  the
    55  correction  law  to a person who previously has been sentenced to impri-
    56  sonment for life.

        S. 6606--B                         223                        A. 9706--C
 
     1    § 8. Paragraph b of subdivision 5 of section 2018-a of  the  education
     2  law,  as  amended by chapter 506 of the laws of 1991, is amended to read
     3  as follows:
     4    b. On the reverse side of such envelope shall be printed the following
     5  statement:
 
     6                         STATEMENT OF ABSENTEE VOTER
 
     7    I  do declare that I am a citizen of the United States, and will be at
     8  least eighteen years  of  age,  on  the  date  of  the  school  district
     9  election;  that  I  will  have  been a resident of this state and of the
    10  school district and school election  district,  if  any,  shown  on  the
    11  reverse  side  of  this envelope for thirty days next preceding the said
    12  election and duly registered in the school district and school  election
    13  district,  if any, shown on the reverse side of this envelope and that I
    14  am or on such date will be, a qualified voter of said  school  district;
    15  that  I  will  be  unable to appear personally on the day of said school
    16  district election at the polling place of the said district in  which  I
    17  am  or  will  be  a  qualified  voter because of the reason stated on my
    18  application heretofore submitted; that I have not  qualified,  or  do  I
    19  intend  to vote, elsewhere than as set forth on the reverse side of this
    20  envelope; that I have not received or offered, do not expect to receive,
    21  have not paid, offered or promised to pay, contributed, offered or prom-
    22  ised to contribute to another to be paid or used,  any  money  or  other
    23  valuable  thing, as a compensation or reward for the giving or withhold-
    24  ing of a vote at this school district election, and have  not  made  any
    25  promise to influence the giving or withholding of any such votes; that I
    26  have  not made or become directly or indirectly interested in any bet or
    27  wager depending upon the result of this school  district  election;  and
    28  that  I have not been convicted of bribery or any infamous crime, or, if
    29  so convicted, that I have been pardoned or restored to all the rights of
    30  a citizen, without restriction as to the right of suffrage, or  received
    31  a  certificate  of  relief  from  disabilities  or a certificate of good
    32  conduct [granted by the board of parole] pursuant to [the provisions  of
    33  the  executive]  article  twenty-three of the correction law removing my
    34  disability to register and vote.
    35    I hereby declare that the foregoing is a true statement to the best of
    36  my knowledge and belief, and I understand that if I  make  any  material
    37  false statement in the foregoing statement of absentee voter, I shall be
    38  guilty of a misdemeanor.
 
    39    Date.....................Signature of Voter ..........................
 
    40    §  9.  Paragraph b of subdivision 6 of section 2018-b of the education
    41  law, as amended by chapter 46 of the laws of 1992, is amended to read as
    42  follows:
    43    b. On the reverse side of such envelope shall be printed the following
    44  statement:
 
    45                         STATEMENT OF ABSENTEE VOTER
 
    46    I do declare that I am a citizen of the United States, and will be  at
    47  least eighteen years of age on the date of the school district election;
    48  that  I  will  have  been  a  resident  of  this state and of the school
    49  district and school election district, if any, shown on the reverse side
    50  of this envelope for thirty days next preceding the  said  election  and

        S. 6606--B                         224                        A. 9706--C
 
     1  that  I  am  or  on  such date will be, a qualified voter of said school
     2  district; that I will be unable to appear personally on the day of  said
     3  school  district  election  at the polling place of the said district in
     4  which  I am or will be a qualified voter because of the reason stated on
     5  my application heretofore submitted; that I have not qualified, or do  I
     6  intend  to vote, elsewhere than as set forth on the reverse side of this
     7  envelope; that I have not received or offered, do not expect to receive,
     8  have not paid, offered or promised to pay, contributed, offered or prom-
     9  ised to contribute to another to be paid or used,  any  money  or  other
    10  valuable  thing, as a compensation or reward for the giving or withhold-
    11  ing of a vote at this school district election, and have  not  made  any
    12  promise to influence the giving or withholding of any such votes; that I
    13  have  not made or become directly or indirectly interested in any bet or
    14  wager depending upon the result of this school  district  election;  and
    15  that  I  have  not been convicted of bribery [of] or any infamous crime,
    16  or, if so convicted, that I have been pardoned or restored  to  all  the
    17  rights of a citizen, without restriction as to the right of suffrage, or
    18  have received a certificate of relief from disabilities or a certificate
    19  of  good  conduct  [granted  by  the  board  of parole] pursuant to [the
    20  provisions of the executive] article twenty-three of the correction  law
    21  removing my disability to vote.
 
    22    I hereby declare that the foregoing is a true statement to the best of
    23  my  knowledge  and  belief, and I understand that if I make any material
    24  false statement in the foregoing statement of absentee voter, I shall be
    25  guilty of a misdemeanor.
 
    26    Date....................Signature of Voter ...........................
 
    27    § 10. Paragraph b of subdivision 5 of section 84-a of the town law, as
    28  amended by chapter 281 of the laws  of  1998,  is  amended  to  read  as
    29  follows:
    30    b. On the reverse side of such envelope shall be printed the following
    31  statement:
    32                          STATEMENT OF ABSENTEE VOTER
    33    I  do declare that I will have been a citizen of the United States for
    34  thirty days, and will be at least eighteen years of age, on the date  of
    35  the  special  town  election;  that  I will have been a resident of this
    36  state and of the town shown on the reverse side  of  this  envelope  for
    37  thirty  days next preceding the said election; that I am or on such date
    38  will be, a registered voter of said town;  that  I  will  be  unable  to
    39  appear  personally on the day of said special town election at the poll-
    40  ing place of the election district in which I am or will be a  qualified
    41  voter  because of the reason stated on my application heretofore submit-
    42  ted; that I have not qualified, or do I intend to vote,  elsewhere  than
    43  as  set  forth  on  the  reverse  side of this envelope; that I have not
    44  received or offered, do not expect to receive, have not paid, offered or
    45  promised to pay, contributed,  offered  or  promised  to  contribute  to
    46  another  to  be  paid  or  used, any money or other valuable thing, as a
    47  compensation or reward for the giving or withholding of a vote  at  this
    48  special  town  election,  and have not made any promise to influence the
    49  giving or withholding of any such votes; that I have not made or  become
    50  directly or indirectly interested in any bet or wager depending upon the
    51  result of this special town election; and that I have not been convicted
    52  of  bribery or any infamous crime, or, if so convicted, that I have been
    53  pardoned or restored to all the rights of a citizen, without restriction

        S. 6606--B                         225                        A. 9706--C
 
     1  as to the right of suffrage, or received a certificate  of  relief  from
     2  disabilities  or  a certificate of good conduct [granted by the board of
     3  parole] pursuant to [the provisions of the  executive]  article  twenty-
     4  three of the correction law removing my disability to register and vote.
     5    I hereby declare that the foregoing is a true statement to the best of
     6  my  knowledge  and  belief, and I understand that if I make any material
     7  false statement in the foregoing statement of absentee voter, I shall be
     8  guilty of a misdemeanor.
     9      Date.............. Signature of Voter..................
    10    § 11. Paragraph b of subdivision 5 of section 175-b of the  town  law,
    11  as  amended  by  chapter  401 of the laws of 1996, is amended to read as
    12  follows:
    13    b.  On the reverse side of such envelope shall be printed the  follow-
    14  ing statement:
    15                         STATEMENT OF ABSENTEE VOTER
    16    I  do declare that I will have been a citizen of the United States for
    17  thirty days, and will be at least eighteen years of age, on the date  of
    18  the  district  election;  that I will have been a resident of this state
    19  and of the district if any, shown on the reverse side of  this  envelope
    20  for  thirty  days  next  preceding the said election and that I am or on
    21  such date will be, a registered voter of said district; that I  will  be
    22  unable  to appear personally on the day of said district election at the
    23  polling place of the said district in which I am or will be a  qualified
    24  voter  because of the reason stated on my application heretofore submit-
    25  ted; that I have not qualified, or do I intend to vote,  elsewhere  than
    26  as  set  forth  on  the  reverse  side of this envelope; that I have not
    27  received or offered, do not expect to receive, have not paid, offered or
    28  promised to pay, contributed,  offered  or  promised  to  contribute  to
    29  another  to  be  paid  or  used, any money or other valuable thing, as a
    30  compensation or reward for the giving or withholding of a vote  at  this
    31  district election, and have not made any promise to influence the giving
    32  or withholding of any such votes; that I have not made or become direct-
    33  ly  or  indirectly  interested  in  any  bet or wager depending upon the
    34  result of this district election; and that I have not been convicted  of
    35  bribery  or  any  infamous  crime, or, if so convicted, that I have been
    36  pardoned or restored to all the rights of a citizen, without restriction
    37  as to the right of suffrage, or received a certificate  of  relief  from
    38  disabilities  or  a certificate of good conduct [granted by the board of
    39  parole] pursuant to [the provisions of the  executive]  article  twenty-
    40  three of the correction law removing my disability to register and vote.
    41    I hereby declare that the foregoing is a true statement to the best of
    42  my  knowledge  and  belief, and I understand that if I make any material
    43  false statement in the foregoing statement of absentee voter, I shall be
    44  guilty of a misdemeanor.
    45    Date..............Signature of Voter..................
    46    § 12. Paragraph b of subdivision 5 of section 213-b of the  town  law,
    47  as  added  by  chapter  400  of  the laws of 1985, is amended to read as
    48  follows:
    49    b.  On the reverse side of such envelope shall be printed the  follow-
    50  ing statement:
    51                          STATEMENT OF ABSENTEE VOTER
 
    52    I  do declare that I will have been a citizen of the United States for
    53  thirty days, and will be at least eighteen years of age, on the date  of
    54  the  district  election;  that I will have been a resident of this state
    55  and of the district if any, shown on the reverse side of  this  envelope

        S. 6606--B                         226                        A. 9706--C
 
     1  for  thirty  days  next  preceding the said election and that I am or on
     2  such date will be, a registered voter of said district; that I  will  be
     3  unable  to appear personally on the day of said district election at the
     4  polling  place of the said district in which I am or will be a qualified
     5  voter because of the reason stated on my application heretofore  submit-
     6  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
     7  as set forth on the reverse side of  this  envelope;  that  I  have  not
     8  received or offered, do not expect to receive, have not paid, offered or
     9  promised  to  pay,  contributed,  offered  or  promised to contribute to
    10  another to be paid or used, any money or  other  valuable  thing,  as  a
    11  compensation  or  reward for the giving or withholding of a vote at this
    12  district election, and have not made any promise to influence the giving
    13  or withholding of any such votes; that I have not made or become direct-
    14  ly or indirectly interested in any  bet  or  wager  depending  upon  the
    15  result  of this district election; and that I have not been convicted of
    16  bribery or any infamous crime, or, if so convicted,  that  I  have  been
    17  pardoned or restored to all the rights of a citizen, without restriction
    18  as  to  the  right of suffrage, or received a certificate of relief from
    19  disabilities or a certificate of good conduct [granted by the  board  of
    20  parole]  pursuant  to  [the provisions of the executive] article twenty-
    21  three of the correction law removing my disability to register and vote.
    22    I hereby declare that the foregoing is a true statement to the best of
    23  my knowledge and belief, and I understand that if I  make  any  material
    24  false statement in the foregoing statement of absentee voter, I shall be
    25  guilty of a misdemeanor.
    26       Date............. Signature of Voter ..............................
    27    §  13.  Paragraph  (h)  of  subdivision 2 of section 74 of the general
    28  business law, as amended by chapter 680 of the laws of 1967, is  amended
    29  to read as follows:
    30    (h)  violating  section seven hundred forty-two, section seven hundred
    31  forty-three, or section seven hundred  forty-five  of  the  said  former
    32  penal  law,  or  violating  any section contained in article two hundred
    33  fifty of the penal  law.  Except  as  hereinafter  in  this  subdivision
    34  provided,  no  license  shall  be issued to any person whose license has
    35  been previously revoked by the department of state or the authorities of
    36  any other state or  territory  because  of  conviction  of  any  of  the
    37  offenses  specified  in this section. The provisions of this subdivision
    38  shall not prevent the issuance of a license to any  person  who,  subse-
    39  quent  to  his conviction, shall have received executive pardon therefor
    40  removing this disability, or who has received a  certificate  of  relief
    41  from disabilities or a certificate of good conduct [granted by the board
    42  of  parole]  pursuant to [the provisions of the executive] article twen-
    43  ty-three of the correction law  to  remove  the  disability  under  this
    44  section  because of such conviction or previous license revocation occa-
    45  sioned thereby.
    46    § 14. Subdivision 1 of section 81 of  the  general  business  law,  as
    47  amended  by  chapter  562  of  the  laws  of 2000, is amended to read as
    48  follows:
    49    1. The holder of any license certificate issued pursuant to this arti-
    50  cle may employ to assist him in his work of private detective or  inves-
    51  tigator or bail enforcement agent as described in section seventy-one of
    52  this  article  and in the conduct of such business as many persons as he
    53  may deem necessary, and shall at all times  during  such  employment  be
    54  legally  responsible  for  the  good conduct in the business of each and
    55  every person so employed.

        S. 6606--B                         227                        A. 9706--C
 
     1    No holder of any unexpired license certificate issued pursuant to this
     2  article shall knowingly employ in connection with his or its business in
     3  any capacity whatsoever, any person who has been convicted of  a  felony
     4  or  any of the offenses specified in subdivision two of section seventy-
     5  four  of  this  [chapter]  article,  and  who has not subsequent to such
     6  conviction received executive pardon therefor removing this  disability,
     7  or  received  a certificate of relief from disabilities or a certificate
     8  of good conduct [granted by  the  board  of  parole]  pursuant  to  [the
     9  provisions  of the executive] article twenty-three of the correction law
    10  to  remove  the  disability  under  this  section  because  of  such   a
    11  conviction,  or  any  person  whose  private detective or investigator's
    12  license or bail enforcement agent's license was revoked  or  application
    13  for such license was denied by the department of state or by the author-
    14  ities  of  any  other state or territory because of conviction of any of
    15  such offenses. Should the holder of  an  unexpired  license  certificate
    16  falsely  state  or represent that a person is or has been in his employ,
    17  such false statement or misrepresentation shall be sufficient cause  for
    18  the revocation of such license. Any person falsely stating or represent-
    19  ing that he is or has been a detective or employed by a detective agency
    20  or that he is or has been a bail enforcement agent or employed by a bail
    21  enforcement agency shall be guilty of a misdemeanor.
    22    §  15.  Paragraph  (a)  of subdivision 1 of section 191 of the general
    23  municipal law, as amended by chapter 574 of the laws of 1978, is amended
    24  to read as follows:
    25    (a) Issuance of licenses to conduct games of chance. If such clerk  or
    26  department  shall  determine  that the applicant is duly qualified to be
    27  licensed to conduct games of chance under this article; that the  member
    28  or  members  of  the  applicant  designated in the application to manage
    29  games of chance are bona fide active members of the  applicant  and  are
    30  persons  of  good  moral  character  and  have never been convicted of a
    31  crime, or, if convicted, have received a pardon, a certificate  of  good
    32  conduct or a certificate of relief from disabilities pursuant to article
    33  twenty-three  of the correction law; that such games are to be conducted
    34  in accordance with the provisions of this article and in accordance with
    35  the rules and regulations of the board  and  applicable  local  laws  or
    36  ordinances  and  that  the  proceeds  thereof  are  to be disposed of as
    37  provided by this article, and if such clerk or department  is  satisfied
    38  that  no commission, salary, compensation, reward or recompense whatever
    39  will be paid or given to any person  managing,  operating  or  assisting
    40  therein  except  as in this article otherwise provided; it shall issue a
    41  license to the applicant for the conduct of games of chance upon payment
    42  of a license fee of twenty-five dollars for each license period.
    43    § 16. Paragraph (a) of subdivision 9 of section  476  of  the  general
    44  municipal  law,  as  amended  by  chapter  1057  of the laws of 1965, is
    45  amended to read as follows:
    46    (a) a person convicted of a crime who has not received a pardon  or  a
    47  certificate of good conduct or a certificate of relief from disabilities
    48  pursuant to article twenty-three of the correction law;
    49    §  17.  Paragraph  (a)  of subdivision 1 of section 481 of the general
    50  municipal law, as amended by chapter 328 of the laws of 1994, is amended
    51  to read as follows:
    52    (a) Issuance of licenses to conduct bingo. If the  governing  body  of
    53  the municipality shall determine that the applicant is duly qualified to
    54  be  licensed  to  conduct  bingo  under this article; that the member or
    55  members of the applicant designated in the application to conduct  bingo
    56  are  bona  fide  active members of the applicant and are persons of good

        S. 6606--B                         228                        A. 9706--C
 
     1  moral character and  have  never  been  convicted  of  a  crime  or,  if
     2  convicted,  have received a pardon or a certificate of good conduct or a
     3  certificate of relief from disabilities pursuant to article twenty-three
     4  of the correction law; that such games are to be conducted in accordance
     5  with the provisions of this article and in accordance with the rules and
     6  regulations  of  the commission, and that the proceeds thereof are to be
     7  disposed of as provided by this article, and if the  governing  body  is
     8  satisfied that no commission, salary, compensation, reward or recompense
     9  whatever  will  be  paid  or  given  to any person holding, operating or
    10  conducting or assisting in the holding, operation  and  conduct  of  any
    11  such  games  except  as  in this article otherwise provided; and that no
    12  prize will be offered and given in excess of the sum  or  value  of  one
    13  thousand dollars in any single game and that the aggregate of all prizes
    14  offered  and  given in all of such games conducted on a single occasion,
    15  under said license shall not exceed the sum or value of  three  thousand
    16  dollars,  it  shall  issue a license to the applicant for the conduct of
    17  bingo upon payment of a license fee of eighteen dollars and seventy-five
    18  cents for each bingo occasion; provided,  however,  that  the  governing
    19  body  shall refuse to issue a license to an applicant seeking to conduct
    20  bingo in premises of a licensed commercial lessor  where  it  determines
    21  that  the  premises presently owned or occupied by said applicant are in
    22  every respect adequate and suitable for conducting bingo games.
    23    § 18. Paragraph 4 of subsection (d) of section 2108 of  the  insurance
    24  law is amended to read as follows:
    25    (4)  This  subsection shall not prevent the employment of or the issu-
    26  ance of a license to any person who, subsequent to his conviction, shall
    27  have received executive pardon therefor removing this disability, or who
    28  has received a certificate of relief from disabilities or a  certificate
    29  of  good  conduct  [granted  by  the  board  of parole] pursuant to [the
    30  provisions of the executive] article twenty-three of the correction  law
    31  to  remove  the disability under this section because of such conviction
    32  or previous license revocation occasioned thereby.
    33    § 19. Paragraph 1 of subsection (c) of section 4413 of  the  insurance
    34  law is amended to read as follows:
    35    (1)  No  person who has been convicted by a court of the United States
    36  or by a court of any state or territory thereof of a felony, or  of  any
    37  crime  or  offense  involving  fraudulent  or dishonest practices, shall
    38  serve, be appointed, designated or employed as a trustee, administrator,
    39  officer, agent or employee of any employee welfare fund (other  than  an
    40  employee  performing  non-discretionary clerical or building maintenance
    41  duties exclusively) during or for five years after  such  conviction  or
    42  the  suspension  of  sentence therefor or from the date of his unrevoked
    43  release from custody by parole, commutation or termination of  sentence,
    44  whichever  event  occurs  later,  unless prior to the expiration of said
    45  five year period the conviction is finally reversed by a court of compe-
    46  tent jurisdiction or he has been pardoned therefor by  the  governor  or
    47  other appropriate authority of the state or jurisdiction in which he was
    48  convicted  or  he has received a certificate of relief from disabilities
    49  or a certificate of good conduct pursuant to the provisions  of  article
    50  twenty-three  of the correction law which specifically removes the disa-
    51  bility herein provided.
    52    § 20. Paragraph (a) of subdivision 5 of section  2806  of  the  public
    53  health law, as amended by chapter 584 of the laws of 1983, is amended to
    54  read as follows:
    55    (a)  Except as provided in paragraphs (b) and (d) of this subdivision,
    56  anything contained in this section or in a certificate  of  relief  from

        S. 6606--B                         229                        A. 9706--C
 
     1  disabilities or a certificate of good conduct issued pursuant to article
     2  twenty-three  of  the  correction law to the contrary notwithstanding, a
     3  hospital operating certificate of a hospital under control of a control-
     4  ling person as defined in paragraph (a) of subdivision twelve of section
     5  twenty-eight  hundred  one-a of this [chapter] article, or under control
     6  of any other entity, shall be revoked upon a finding by  the  department
     7  that  such controlling person or any individual, member of a partnership
     8  or shareholder of a corporation to whom or to which an operating certif-
     9  icate has been issued, has been convicted of a class A, B or  C  felony,
    10  or a felony related in any way to any activity or program subject to the
    11  regulations,  supervision, or administration of the department or of the
    12  [department of social  services]  office  of  temporary  and  disability
    13  assistance  or  in  violation  of  the public officers law in a court of
    14  competent jurisdiction in the state, or of a  crime  outside  the  state
    15  which,  if committed within the state, would have been a class A, B or C
    16  felony or a felony related in any way to any activity or program subject
    17  to the regulations, supervision, or administration of the department  or
    18  of the [department of social services] office of temporary and disabili-
    19  ty assistance or in violation of the public officers law.
    20    §  21.  Paragraph  (c)  of subdivision 2 of section 2897 of the public
    21  health law, as added by chapter 569 of the laws of 1970, is  amended  to
    22  read as follows:
    23    (c)  If  a person convicted of a felony or crime deemed hereby to be a
    24  felony is subsequently pardoned by the governor of the state where  such
    25  conviction  was  had, or by the president of the United States, or shall
    26  receive a certificate of relief from disabilities or  a  certificate  of
    27  good  conduct  [granted  by  the  board  of  parole]  pursuant  to  [the
    28  provisions of the executive] article twenty-three of the correction  law
    29  for the purpose of removing the disability under this section because of
    30  such  conviction,  the  board  may, in its discretion, on application of
    31  such person, and on the  submission  to  it  of  satisfactory  evidence,
    32  restore to such person the right to practice nursing home administration
    33  in this state.
    34    §  22.  Section  3454  of  the public health law is amended to read as
    35  follows:
    36    § 3454. Restoration of licenses after conviction of a felony.    If  a
    37  person  convicted  of  a felony or crime deemed to be a felony is subse-
    38  quently pardoned by the governor of the state where such conviction  was
    39  had or by the president of the United States, or shall receive a certif-
    40  icate  of  relief  from  disabilities  or  a certificate of good conduct
    41  [granted by the board of parole] pursuant  to  [the  provisions  of  the
    42  executive]  article  twenty-three  of  the  correction law to remove the
    43  disability under this section because of such  conviction,  the  commis-
    44  sioner may, in his discretion, on application of such person, and on the
    45  submission  to  him of satisfactory evidence, restore to such person the
    46  right to practice in this state.
    47    § 23.  The first undesignated paragraph of section 440-a of  the  real
    48  property  law, as amended by chapter 430 of the laws of 2008, is amended
    49  to read as follows:
    50    No person, co-partnership, limited liability  company  or  corporation
    51  shall engage in or follow the business or occupation of, or hold himself
    52  or itself out or act temporarily or otherwise as a real estate broker or
    53  real  estate  salesman  in  this state without first procuring a license
    54  therefor as provided in this article. No person shall be entitled  to  a
    55  license  as  a real estate broker under this article, either as an indi-
    56  vidual or as a member of a co-partnership, or as a member or manager  of

        S. 6606--B                         230                        A. 9706--C
 
     1  a limited liability company or as an officer of a corporation, unless he
     2  or she is twenty years of age or over, a citizen of the United States or
     3  an alien lawfully admitted for permanent residence in the United States.
     4  No person shall be entitled to a license as a real estate salesman under
     5  this  article  unless  he  or  she is over the age of eighteen years. No
     6  person shall be entitled to a license as a real estate  broker  or  real
     7  estate  salesman under this article who has been convicted in this state
     8  or elsewhere of a felony, of a sex offense, as  defined  in  subdivision
     9  two  of  section  one hundred sixty-eight-a of the correction law or any
    10  offense committed outside of this state which  would  constitute  a  sex
    11  offense,  or a sexually violent offense, as defined in subdivision three
    12  of section one hundred  sixty-eight-a  of  the  correction  law  or  any
    13  offense  committed  outside this state which would constitute a sexually
    14  violent offense, and who has not subsequent to such conviction  received
    15  executive  pardon  therefor or a certificate of relief from disabilities
    16  or a certificate of good conduct [from the  parole  board]  pursuant  to
    17  article  twenty-three  of  the  correction law, to remove the disability
    18  under this section because of such conviction. No person shall be  enti-
    19  tled  to a license as a real estate broker or real estate salesman under
    20  this article who does not meet the requirements of section 3-503 of  the
    21  general obligations law.
    22    § 24. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
    23  amended  by  chapter  276  of  the  laws  of 1986, is amended to read as
    24  follows:
    25    (c) If a person convicted of a felony or crime deemed hereby to  be  a
    26  felony  is subsequently pardoned by the governor of the state where such
    27  conviction was had, or by the president of the United States,  or  shall
    28  receive  a  certificate  of relief from disabilities or a certificate of
    29  good  conduct  [granted  by  the  board  of  parole]  pursuant  to  [the
    30  provisions  of the executive] article twenty-three of the correction law
    31  for the purpose of removing the disability under this section because of
    32  such conviction, the tax commission may, in its discretion, on  applica-
    33  tion of such person and compliance with subdivision two of this section,
    34  and on the submission to it of satisfactory evidence of good moral char-
    35  acter and suitability, again register such person as a distributor under
    36  this article.
    37    §  25.  Paragraph (a) of subdivision 1 of section 509-c of the vehicle
    38  and traffic law, as amended by chapter 360  of  the  laws  of  1986,  is
    39  amended to read as follows:
    40    (a)  permanently,  if  that  person has been convicted of or forfeited
    41  bond or collateral which forfeiture order has not been  vacated  or  the
    42  subject  of  an  order  of remission upon a violation of section 130.30,
    43  130.35, 130.45, 130.50, 130.60, or  130.65  of  the  penal  law,  or  an
    44  offense  committed  under  a former section of the penal law which would
    45  constitute a violation of the aforesaid sections of the penal law or any
    46  offense committed  outside  of  this  state  which  would  constitute  a
    47  violation of the aforesaid sections of the penal law, provided, however,
    48  the provisions of this paragraph shall not apply to convictions, suspen-
    49  sions  or revocations or forfeitures of bonds for collateral upon any of
    50  the charges listed in this paragraph for violations which occurred prior
    51  to September first, nineteen hundred seventy-four committed by a  person
    52  employed  as  a bus driver on September first, nineteen hundred seventy-
    53  four. However, such disqualification may be waived  provided  that  five
    54  years have expired since the applicant was discharged or released from a
    55  sentence  of  imprisonment  imposed pursuant to conviction of an offense
    56  that requires disqualification under this paragraph and that the  appli-

        S. 6606--B                         231                        A. 9706--C
 
     1  cant  shall  have been granted a certificate of relief from disabilities
     2  [as provided for in section seven hundred one] or a certificate of  good
     3  conduct pursuant to article twenty-three of the correction law.
     4    §  26.  Paragraph (a) of subdivision 2 of section 509-c of the vehicle
     5  and traffic law, as added by chapter 675 of the laws of 1985, is amended
     6  to read as follows:
     7    (a) permanently, if that person has been  convicted  of  or  forfeited
     8  bond  or  collateral  which forfeiture order has not been vacated or the
     9  subject of an order of remission upon a  violation  committed  prior  to
    10  September  fifteenth,  nineteen  hundred eighty-five, of section 130.30,
    11  130.35, 130.45, 130.50, 130.60, or  130.65  of  the  penal  law,  or  an
    12  offense  committed  under  a former section of the penal law which would
    13  constitute a violation of the aforesaid sections of the penal law or any
    14  offense committed  outside  of  this  state  which  would  constitute  a
    15  violation  of  the  aforesaid  sections  of the penal law. However, such
    16  disqualification may be waived provided that  five  years  have  expired
    17  since the applicant was discharged or released from a sentence of impri-
    18  sonment  imposed  pursuant  to  conviction  of  an offense that requires
    19  disqualification under this paragraph and that the applicant shall  have
    20  been  granted a certificate of relief from disabilities [as provided for
    21  in section seven hundred one] or a certificate of good conduct  pursuant
    22  to article twenty-three of the correction law.
    23    §  27. Subparagraphs (i), (ii) and (iii) of paragraph (a) and subpara-
    24  graph (i) of paragraph (b) of subdivision 1 of  section  509-cc  of  the
    25  vehicle  and  traffic  law, as added by chapter 675 of the laws of 1985,
    26  are amended to read as follows:
    27    (i) has been convicted  of  or  forfeited  bond  or  collateral  which
    28  forfeiture  order  has  not  been  vacated or the subject of an order of
    29  remission upon a violation committed prior to September fifteenth, nine-
    30  teen hundred eighty-five, of section  130.30,  130.35,  130.45,  130.50,
    31  130.60,  or  130.65  of  the  penal law, or an offense committed under a
    32  former section of the penal law which would constitute  a  violation  of
    33  the aforesaid sections of the penal law or any offense committed outside
    34  of  this  state  which  would  constitute  a  violation of the aforesaid
    35  sections of the penal law, provided, however,  the  provisions  of  this
    36  subparagraph  shall not apply to convictions, suspensions or revocations
    37  or forfeitures of bonds for collateral upon any of the charges listed in
    38  this subparagraph for  violations  which  occurred  prior  to  September
    39  first, nineteen hundred seventy-four committed by a person employed as a
    40  bus  driver  on September first, nineteen hundred seventy-four. However,
    41  such disqualification may  be  waived  provided  that  five  years  have
    42  expired  since  the applicant was discharged or released from a sentence
    43  of imprisonment imposed  pursuant  to  conviction  of  an  offense  that
    44  requires  disqualification  under  this paragraph and that the applicant
    45  shall have been granted a certificate of relief  from  disabilities  [as
    46  provided  for  in  section  seven  hundred one] or a certificate of good
    47  conduct pursuant to article twenty-three of the correction law. When the
    48  certificate is issued by a court for a conviction which occurred in this
    49  state, it shall only be issued by the  court  having  jurisdiction  over
    50  such  conviction.  Such certificate shall specifically indicate that the
    51  authority granting such certificate has considered the bearing, if  any,
    52  the criminal offense or offenses for which the person was convicted will
    53  have on the applicant's fitness or ability to operate a bus transporting
    54  school  children  to  the  applicant's  prospective employment, prior to
    55  granting such a certificate; or

        S. 6606--B                         232                        A. 9706--C
 
     1    (ii) has been convicted of an  offense  listed  in  paragraph  (a)  of
     2  subdivision  four of this section that was committed on or after Septem-
     3  ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
     4  tion may be waived by the commissioner provided  that  five  years  have
     5  expired  since  the applicant was discharged or released from a sentence
     6  of imprisonment imposed  pursuant  to  conviction  of  an  offense  that
     7  requires  disqualification  under  this paragraph and that the applicant
     8  shall have been granted a certificate of relief  from  disabilities  [as
     9  provided  for  in  section  seven  hundred one] or a certificate of good
    10  conduct pursuant to article twenty-three of the correction law. When the
    11  certificate is issued by a court for a conviction which occurred in this
    12  state, it shall only be issued by the  court  having  jurisdiction  over
    13  such  conviction.  Such certificate shall specifically indicate that the
    14  authority granting such certificate has considered the bearing, if  any,
    15  the criminal offense or offenses for which the person was convicted will
    16  have on the applicant's fitness or ability to operate a bus transporting
    17  school children, prior to granting such a certificate; or
    18    (iii)  has  been  convicted  of  an offense listed in paragraph (b) of
    19  subdivision four of this section that was committed on or after  Septem-
    20  ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
    21  tion  shall  be  waived  provided that five years have expired since the
    22  applicant discharged or released from a sentence of imprisonment imposed
    23  pursuant to conviction of  an  offense  that  requires  disqualification
    24  under  this  paragraph  and that the applicant shall have been granted a
    25  certificate of relief from disabilities  [as  provided  for  in  section
    26  seven  hundred one] or a certificate of good conduct pursuant to article
    27  twenty-three of the correction law. When the certificate is issued by  a
    28  court  for  a  conviction which occurred in this state, it shall only be
    29  issued by the court  having  jurisdiction  over  such  conviction.  Such
    30  certificate shall specifically indicate that the authority granting such
    31  certificate  has considered the bearing, if any, the criminal offense or
    32  offenses for which the person was convicted will have on the applicant's
    33  fitness or ability to operate a bus transporting school children,  prior
    34  to   granting  such  a  certificate.  Provided,  however,  that  at  the
    35  discretion of the commissioner, the certificate of relief from disabili-
    36  ties may remove disqualification at any time; or
    37    (i) has been convicted within the preceding five years of  an  offense
    38  listed  in  paragraph  (c)  of subdivision four of this section that was
    39  committed on or after September fifteenth, nineteen hundred eighty-five.
    40  However, such disqualification shall be waived provided that the  appli-
    41  cant  has  been  granted  a  certificate of relief from disabilities [as
    42  provided for in section seven hundred one]  or  a  certificate  of  good
    43  conduct pursuant to article twenty-three of the correction law. When the
    44  certificate is issued by a court for a conviction which occurred in this
    45  state,  it  shall  only  be issued by the court having jurisdiction over
    46  such conviction. Such certificate shall specifically indicate  that  the
    47  authority  granting such certificate has considered the bearing, if any,
    48  the criminal offense or offenses for which the person was convicted will
    49  have on the applicant's fitness or ability to operate a bus transporting
    50  school children, prior to granting such a certificate;
    51    § 28. Paragraphs (a) and (b) and subparagraph (i) of paragraph (c)  of
    52  subdivision  2  of  section 509-cc of the vehicle and traffic law, para-
    53  graph (a) and subparagraph (i) of paragraph (c) as added by chapter  675
    54  of  the  laws of 1985 and paragraph (b) as amended by chapter 360 of the
    55  laws of 1986, are amended to read as follows:

        S. 6606--B                         233                        A. 9706--C
 
     1    (a) permanently, if that person has been convicted of an offense list-
     2  ed in paragraph (a) of subdivision four of this section.  However,  such
     3  disqualification  may  be  waived by the commissioner provided that five
     4  years have expired since the applicant was discharged or released from a
     5  sentence  of  imprisonment  imposed pursuant to conviction of an offense
     6  that requires disqualification under this paragraph and that the  appli-
     7  cant  shall  have been granted a certificate of relief from disabilities
     8  [as provided for in section seven hundred one] or a certificate of  good
     9  conduct pursuant to article twenty-three of the correction law. When the
    10  certificate is issued by a court for a conviction which occurred in this
    11  state,  it  shall  only  be issued by the court having jurisdiction over
    12  such conviction. Such certificate shall specifically indicate  that  the
    13  authority  granting such certificate has considered the bearing, if any,
    14  the criminal offense or offenses for which the person was convicted will
    15  have on the applicant's fitness or ability to operate a bus transporting
    16  school children to the  applicant's  prospective  employment,  prior  to
    17  granting such a certificate.
    18    (b) permanently, if that person has been convicted of an offense list-
    19  ed  in  paragraph (b) of subdivision four of this section. However, such
    20  disqualification shall be waived provided that five years  have  expired
    21  since the applicant was incarcerated pursuant to a sentence of imprison-
    22  ment  imposed on conviction of an offense that requires disqualification
    23  under this paragraph and that the applicant shall have  been  granted  a
    24  certificate  of  relief  from  disabilities  [as provided for in section
    25  seven hundred one] or a certificate of good conduct pursuant to  article
    26  twenty-three  of the correction law. When the certificate is issued by a
    27  court for a conviction which occurred in this state, it  shall  only  be
    28  issued  by  the  court  having  jurisdiction  over such conviction. Such
    29  certificate shall specifically indicate that the authority granting such
    30  certificate has considered the bearing, if any, the criminal offense  or
    31  offenses for which the person was convicted will have on the applicant's
    32  fitness  or ability to operate a bus transporting school children, prior
    33  to  granting  such  a  certificate.  Provided,  however,  that  at   the
    34  discretion  of the commissioner the certificate of relief from disabili-
    35  ties or a certificate of good conduct pursuant to  article  twenty-three
    36  of the correction law may remove disqualification at any time.
    37    (i)  has  been convicted within the preceding five years of an offense
    38  listed in paragraph (c) of subdivision four of  this  section.  However,
    39  notwithstanding  the  provisions  of  subdivision three of section seven
    40  hundred one of the correction law. Such disqualification shall be waived
    41  provided that the applicant has been granted  a  certificate  of  relief
    42  from  disabilities [as provided for in section seven hundred one-g] or a
    43  certificate of good conduct pursuant  to  article  twenty-three  of  the
    44  correction  law.  When  the  certificate  is  issued  by  a  court for a
    45  conviction which occurred in this state, it shall only be issued by  the
    46  court  having  jurisdiction over such conviction. Such certificate shall
    47  specifically indicate that the authority granting such  certificate  has
    48  considered  the  bearing,  if  any, the criminal offense or offenses for
    49  which the person was convicted will have on the applicant's  fitness  or
    50  ability to operate a bus transporting school children, prior to granting
    51  such a certificate.
    52    §  29.  Subparagraph  (iii) of paragraph d of subdivision 6 of section
    53  510 of the vehicle and traffic law, as added by chapter 173 of the  laws
    54  of 1990, is amended to read as follows:
    55    (iii)  after  such  documentation, if required, is accepted, that such
    56  person is granted a certificate of relief from disabilities [as provided

        S. 6606--B                         234                        A. 9706--C

     1  for in section seven hundred one]  or  a  certificate  of  good  conduct
     2  pursuant  to  article twenty-three of the correction law by the court in
     3  which such person was last penalized.
     4    §  30. Subparagraph (iii) of paragraph (c) of subdivision 2 of section
     5  510-a of the vehicle and traffic law, as amended by section 13 of part E
     6  of chapter 60 of the laws of 2005, is amended to read as follows:
     7    (iii) after such documentation, if required, is  accepted,  that  such
     8  person is granted a certificate of relief from disabilities [as provided
     9  for  in  section  seven  hundred  one]  or a certificate of good conduct
    10  pursuant to article twenty-three of the correction law by the  court  in
    11  which such person was last penalized.
    12    §  31. Subdivision 5 of section 530 of the vehicle and traffic law, as
    13  amended by section 15 of part E of chapter 60 of the laws  of  2005,  is
    14  amended to read as follows:
    15    (5) A restricted use license or privilege shall be valid for the oper-
    16  ation  of  any  motor  vehicle,  except a vehicle for hire as a taxicab,
    17  livery, coach, limousine, van or wheelchair accessible van or tow  truck
    18  as  defined  in this chapter subject to the conditions set forth herein,
    19  which the holder would otherwise be entitled to operate had his  drivers
    20  license  or  privilege  not  been  suspended or revoked. Notwithstanding
    21  anything to the contrary in a certificate of relief from disabilities or
    22  a certificate of good conduct issued pursuant to article twenty-three of
    23  the correction law, a restricted use license shall not be valid for  the
    24  operation  of a commercial motor vehicle. A restricted use license shall
    25  not be valid for the operation of a  vehicle  for  hire  as  a  taxicab,
    26  livery,  coach, limousine, van or wheelchair accessible van or tow truck
    27  where the holder thereof had his or her  drivers  license  suspended  or
    28  revoked  and  (i) such suspension or revocation is mandatory pursuant to
    29  the provisions of subdivision two or two-a of section five  hundred  ten
    30  of this title; or (ii) any such suspension is permissive for habitual or
    31  persistent violations of this chapter or any local law relating to traf-
    32  fic  as  set  forth  in paragraph d or i of subdivision three of section
    33  five hundred ten of this title; or (iii) any such suspension is  permis-
    34  sive and has been imposed by a magistrate, justice or judge of any city,
    35  town  or  village, any supreme court justice, any county judge, or judge
    36  of a district court. Except for a commercial motor vehicle as defined in
    37  subdivision four of section  five  hundred  one-a  of  this  title,  the
    38  restrictions  on  types  of  vehicles  which  may  be  operated  with  a
    39  restricted license contained in this subdivision shall not be applicable
    40  to a restricted license issued  to  a  person  whose  license  has  been
    41  suspended  pursuant  to paragraph three of subdivision four-e of section
    42  five hundred ten of this [chapter] title.
    43    § 32. Item (ii) of clause (b) of subparagraph 12 of paragraph  (b)  of
    44  subdivision  2  of section 1193 of the vehicle and traffic law, as added
    45  by chapter 732 of the laws of 2006, is amended to read as follows:
    46    (ii) that such person is granted a certificate of relief from disabil-
    47  ities [as provided for in section seven hundred one  of  the  correction
    48  law  by  the court in which such person was last sentenced] or a certif-
    49  icate of good conduct pursuant to article twenty-three of the correction
    50  law.
    51    Provided, however, that the commissioner may, on a case by case basis,
    52  refuse to restore a license which otherwise would be  restored  pursuant
    53  to this item, in the interest of the public safety and welfare.
    54    §  33. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of
    55  subdivision 2 of section 1193 of the vehicle and traffic law,  as  added
    56  by chapter 732 of the laws of 2006, is amended to read as follows:

        S. 6606--B                         235                        A. 9706--C
 
     1    (iii) after such documentation is accepted, that such person is grant-
     2  ed a certificate of relief from disabilities [as provided for in section
     3  seven  hundred  one  of  the  correction  law by the court in which such
     4  person was last sentenced] or a certificate of good conduct pursuant  to
     5  article twenty-three of the correction law.
     6    § 34. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
     7  of the vehicle and traffic law, as amended by chapter 173 of the laws of
     8  1990, is amended to read as follows:
     9    (1)  Notwithstanding  anything  to the contrary contained in a certif-
    10  icate of relief from disabilities  or  a  certificate  of  good  conduct
    11  issued  pursuant  to article twenty-three of the correction law, where a
    12  suspension or revocation, other than a revocation required to be  issued
    13  by  the  commissioner,  is mandatory pursuant to paragraph (a) or (b) of
    14  this subdivision, the magistrate, justice or judge shall issue an  order
    15  suspending  or  revoking  such  license upon sentencing, and the license
    16  holder shall surrender such license to the court. Except as  hereinafter
    17  provided, such suspension or revocation shall take effect immediately.
    18    §  35.  Item  (iii)  of clause a of subparagraph 3 of paragraph (e) of
    19  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
    20  by chapter 173 of the laws of 1990, is amended to read as follows:
    21    (iii) after such documentation is accepted, that such person is grant-
    22  ed a certificate of relief from disabilities [as provided for in section
    23  seven hundred one of the correction law  by  the  court  in  which  such
    24  person  was  last penalized pursuant to paragraph (d) of subdivision one
    25  of this section] or a certificate of good conduct  pursuant  to  article
    26  twenty-three of the correction law.
    27    §  36.  Item  (iii)  of clause b of subparagraph 3 of paragraph (e) of
    28  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
    29  by section 17 of part E of chapter 60 of the laws of 2005, is amended to
    30  read as follows:
    31    (iii) after such documentation is accepted, that such person is grant-
    32  ed a certificate of relief from disabilities [as provided for in section
    33  seven hundred one of the correction law  by  the  court  in  which  such
    34  person  was  last penalized pursuant to paragraph (d) of subdivision one
    35  of this section] or a certificate of good conduct  pursuant  to  article
    36  twenty-three of the correction law.
    37    §  37.  Item  (iii)  of clause c of subparagraph 1 of paragraph (d) of
    38  subdivision 2 of section 1194 of the vehicle and traffic law, as amended
    39  by chapter 732 of the laws of 2006, is amended to read as follows:
    40    (iii) after such documentation is accepted, that such person is grant-
    41  ed a certificate of relief from disabilities [as provided for in section
    42  seven hundred one] or a certificate of good conduct pursuant to  article
    43  twenty-three of the correction law by the court in which such person was
    44  last penalized.
    45    §  38.  Paragraph  (g) of subdivision 7 of section 1196 of the vehicle
    46  and traffic law, as amended by section 19 of part E of chapter 60 of the
    47  laws of 2005, is amended to read as follows:
    48    (g) Notwithstanding anything to the contrary contained  in  a  certif-
    49  icate  of  relief  from  disabilities  or  a certificate of good conduct
    50  issued pursuant to article  twenty-three  of  the  correction  law,  any
    51  conditional  license  or  privilege  issued  to  a person convicted of a
    52  violation of any subdivision of section  eleven  hundred  ninety-two  of
    53  this  article  shall  not  be  valid for the operation of any commercial
    54  motor vehicle. In addition, no such  conditional  license  or  privilege
    55  shall  be  valid for the operation of a taxicab as defined in this chap-
    56  ter.

        S. 6606--B                         236                        A. 9706--C
 
     1    § 39. This act shall take effect immediately, provided, however,  that
     2  the  amendments  to  subdivision  (5)  of section 530 of the vehicle and
     3  traffic law made by section thirty-one of this act shall not affect  the
     4  expiration of such subdivision and shall be deemed to expire therewith.
 
     5                                   PART MM
 
     6    Section 1. Section 79-b of the correction law, as amended by section 2
     7  of  part  D  of  chapter  63  of the laws of 2005, is amended to read as
     8  follows:
     9    § 79-b. Adaptive reuse plan for consideration prior to prison closure.
    10  Not later than six months prior to the effective date of  closure  of  a
    11  correctional  facility,  the commissioner of economic development shall,
    12  in consultation with the commissioner, the  commissioners  of  [economic
    13  development,] civil service, general services and the division of crimi-
    14  nal  justice  services  [and],  the director of the governor's office of
    15  employee relations, officials of all local governments of any  political
    16  subdivision  in which the correctional facility is located and any other
    17  appropriate state agencies or authorities, provide a report for an adap-
    18  tive reuse plan for any facility slated for closure which will  evaluate
    19  the  community  impact of the proposed closure including but not limited
    20  to the following factors:   the potential to utilize  the  property  for
    21  another state government purpose, including for a new purpose as part of
    22  the state criminal justice system; potential for the sale or transfer of
    23  the  property to a local government or other governmental entity; poten-
    24  tial for the sale of the property to a private  entity  for  development
    25  into a business, residential or other purpose; community input for local
    26  development;  and  the  condition  of  the  facility and the investments
    27  required to keep the structure in good repair, or to make it viable  for
    28  reuse.
    29    § 2. This act shall take effect immediately.
 
    30                                   PART NN
 
    31    Section  1.  Section  677 of the county law is amended by adding a new
    32  subdivision 9 to read as follows:
    33    9. When required for official purposes  of  the  state  department  of
    34  health,  the  state  commissioner  of  health or his or her designee may
    35  request copies of all reports and records related to a death, including,
    36  but not limited to, autopsy reports and toxicology reports. Upon receipt
    37  of the written request of the state commissioner of health or his or her
    38  designee, a coroner, coroner's physician  or  medical  examiner,  shall,
    39  within  three business days of their completion, provide to such commis-
    40  sioner or his or her designee a copy of all reports and records, includ-
    41  ing, but not limited to, autopsy reports and toxicology reports  related
    42  to the death.
    43    § 2. This act shall take effect immediately.
 
    44                                   PART OO
 
    45    Section  1.  Subdivision  2  of  section 102 of the alcoholic beverage
    46  control law, as amended by chapter 340 of the laws of 1972,  is  amended
    47  to read as follows:
    48    2.  No  person  holding any license hereunder, other than a license to
    49  sell an alcoholic beverage at retail for off-premises consumption  or  a
    50  license  or  special license to sell an alcoholic beverage at retail for

        S. 6606--B                         237                        A. 9706--C
 
     1  consumption on the premises where such license authorizes  the  sale  of
     2  liquor,  beer  and/or  wine on the premises of a catering establishment,
     3  hotel, restaurant,  club,  or  recreational  facility,  shall  knowingly
     4  employ  in  connection with his business in any capacity whatsoever, any
     5  person, who has been convicted of a felony,  or  any  of  the  following
     6  offenses,  who  has not subsequent to such conviction received an execu-
     7  tive pardon therefor removing any civil disabilities incurred thereby, a
     8  certificate of good conduct or other relief from  disabilities  provided
     9  by law, or the written approval of the state liquor authority permitting
    10  such employment, to wit:
    11    (a)  Illegally using, carrying or possessing a pistol or other danger-
    12  ous weapon;
    13    (b) Making or possessing burglar's instruments;
    14    (c) Buying or receiving or criminally possessing stolen property;
    15    (d) Unlawful entry of a building;
    16    (e) Aiding escape from prison;
    17    (f) Unlawfully  possessing  or  distributing  habit  forming  narcotic
    18  drugs;
    19    (g)  Violating subdivisions six, eight, ten or eleven of section seven
    20  hundred twenty-two of the former penal law as in force and effect  imme-
    21  diately  prior  to  September  first,  nineteen  hundred sixty-seven, or
    22  violating sections 165.25, 165.30 or subdivision three of section 240.35
    23  of the penal law;
    24    (h) Vagrancy or prostitution; or
    25    (i) Ownership, operation, possession, custody or control  of  a  still
    26  subsequent to July first, nineteen hundred fifty-four.
    27    If,  as  hereinabove  provided,  the state liquor authority issues its
    28  written approval for the employment by a licensee, in a specified capac-
    29  ity, of a person previously convicted of a felony or any of the offenses
    30  above enumerated, such person, may, unless he is subsequently  convicted
    31  of  a felony or any of such offenses, thereafter be employed in the same
    32  capacity by any other licensee without the further written  approval  of
    33  the authority unless the prior approval given by the authority is termi-
    34  nated.
    35    The  liquor  authority  may  make  such rules as it deems necessary to
    36  carry out the purpose and intent of this subdivision.
    37    As used in this subdivision, "recreational facility" shall mean:   (i)
    38  premises  that  are  part  of a facility the principal business of which
    39  shall be the providing of recreation in the form of golf, tennis,  swim-
    40  ming,  skiing or boating; and (ii) premises in which the principal busi-
    41  ness shall be the operation of a theatre,  concert  hall,  opera  house,
    42  bowling  establishment,  excursion  and  sightseeing vessel, or accommo-
    43  dation of athletic events, sporting events, expositions and other  simi-
    44  lar  events or occasions requiring the accommodation of large gatherings
    45  of persons.
    46    § 2. The correction law is amended by adding a new section 9  to  read
    47  as follows:
    48    §  9.  Access to inmate information via the internet.  Notwithstanding
    49  any provision of law to the contrary, any information  relating  to  the
    50  conviction of a person, except for a person convicted of an offense that
    51  would  make  such  person  ineligible for merit time under section eight
    52  hundred three of this chapter or an offense for which registration as  a
    53  sex  offender  is  required  as set forth in subdivision two or three of
    54  section one hundred sixty-eight-a of this chapter, that is posted  on  a
    55  website  maintained  by  or for the department, under article six of the
    56  public officers law, may be posted on such website for a period  not  to

        S. 6606--B                         238                        A. 9706--C

     1  exceed  five  years  after  the  expiration of such person's sentence of
     2  imprisonment and any  period  of  parole  or  post-release  supervision;
     3  provided,  however,  that in the case of a person who has been committed
     4  to  the  department  on  more than one occasion, the department may post
     5  conviction information relating to any prior commitment on such  website
     6  for  a  period  not  to  exceed  five years after the expiration of such
     7  person's sentence of imprisonment and any period of parole  or  post-re-
     8  lease supervision arising from the most recent commitment to the depart-
     9  ment.
    10    §  3.  Section  703  of  the correction law is amended by adding a new
    11  subdivision 7 to read as follows:
    12    7. Presumption based on federal recommendation. Where a certificate of
    13  relief from disabilities is sought pursuant to paragraph (b) of subdivi-
    14  sion one of this section on a  judgment  of  conviction  rendered  by  a
    15  federal  district  court  in  this  state  and the board of parole is in
    16  receipt of a written recommendation in favor of  the  issuance  of  such
    17  certificate  from the chief probation officer of the district, the board
    18  shall issue the requested certificate unless it finds that the  require-
    19  ments  of  paragraphs  (a),  (b)  and  (c)  of subdivision three of this
    20  section have not been satisfied; or that the interests of justice  would
    21  not be advanced by the issuance of the certificate.
    22    §  4.  Section  837  of  the  executive law is amended by adding a new
    23  subdivision 6-a to read as follows:
    24    6-a. Upon request, provide an inmate of the state or local correction-
    25  al facility, at no charge, with a copy of all criminal history  informa-
    26  tion maintained on file by the division pertaining to such inmate.
    27    §  5. Paragraph (a) of subdivision 2 of section 390.50 of the criminal
    28  procedure law, as amended by chapter 14 of the laws of 1985, is  amended
    29  to read as follows:
    30    (a)  Not less than one court day prior to sentencing, unless such time
    31  requirement is waived by the parties, the pre-sentence report  or  memo-
    32  randum  shall  be  made  available  by the court for examination and for
    33  copying by the defendant's attorney, the defendant himself, if he has no
    34  attorney, and the prosecutor. In its discretion, the  court  may  except
    35  from disclosure a part or parts of the report or memoranda which are not
    36  relevant to a proper sentence, or a diagnostic opinion which might seri-
    37  ously  disrupt  a  program  of rehabilitation, or sources of information
    38  which have been obtained on a promise of confidentiality, or  any  other
    39  portion  thereof,  disclosure  of  which would not be in the interest of
    40  justice. In all cases where a part or parts of the report  or  memoranda
    41  are  not  disclosed, the court shall state for the record that a part or
    42  parts of the report or memoranda have been excepted and the reasons  for
    43  its  action.  The action of the court excepting information from disclo-
    44  sure shall be subject to appellate review. The pre-sentence report shall
    45  be made available by the court for examination and copying in connection
    46  with any appeal in the case, including an appeal under this subdivision.
    47  Upon written request, the court shall make a  copy  of  the  presentence
    48  report,  other  than a part or parts of the report redacted by the court
    49  pursuant to this paragraph, available to the defendant  for  use  before
    50  the  parole  board  for  release  consideration or an appeal of a parole
    51  board determination. In his or her written  request  to  the  court  the
    52  defendant  shall  affirm that he or she anticipates an appearance before
    53  the parole board or intends to file an administrative appeal of a parole
    54  board determination. The court shall respond to the defendant's  written
    55  request  within  twenty  days  from  receipt  of the defendant's written
    56  request.

        S. 6606--B                         239                        A. 9706--C
 
     1    § 6. Subdivision 4 of section 4174 of the public health law, as  sepa-
     2  rately  amended  by chapters 409 and 698 of the laws of 1978, is amended
     3  to read as follows:
     4    4.  No  fee shall be charged for a search, certification, certificate,
     5  certified copy or certified transcript of a record to be used for school
     6  entrance, employment certificate or for purposes  of  public  relief  or
     7  when  required  by the veterans administration to be used in determining
     8  the eligibility of any person to participate in the benefits made avail-
     9  able by the veterans administration or  when  required  by  a  board  of
    10  elections  for  the  purposes  of  determining voter eligibility or when
    11  requested by the department of correctional services or a local  correc-
    12  tional  facility as defined in subdivision sixteen of section two of the
    13  correction law for the purpose of providing a certified copy  or  certi-
    14  fied  transcript  of birth to an inmate in anticipation of such inmate's
    15  release from custody or when requested by the  office  of  children  and
    16  family  services  or an authorized agency for the purpose of providing a
    17  certified copy or certified transcript of birth to a youth placed in the
    18  custody of the local commissioner of social services or the  custody  of
    19  the  office of children and family services pursuant to article three of
    20  the family court act in anticipation  of  such  youth's  discharge  from
    21  placement.
    22    § 7. Section 4179 of the public health law, as added by chapter 414 of
    23  the laws of 1990, is amended to read as follows:
    24    §  4179.  Vital  records;  fees; city of New York. Notwithstanding the
    25  provisions of paragraph one of subdivision a of section  207.13  of  the
    26  health  code  of  the  city  of New York, the department of health shall
    27  charge, and the applicant shall pay, for a  search  of  two  consecutive
    28  calendar  years  under  one  name  and  the issuance of a certificate of
    29  birth, death or termination of pregnancy, or a certification of birth or
    30  death, or a certification that the record cannot  be  found,  a  fee  of
    31  fifteen  dollars  for  each  copy.   Provided, however, that no such fee
    32  shall be charged when the department of correctional services or a local
    33  correctional facility as defined in subdivision sixteen of  section  two
    34  of  the  correction law requests a certificate of birth or certification
    35  of birth for the purpose of  providing  such  certificate  of  birth  or
    36  certification  of  birth  to  an inmate in anticipation of such inmate's
    37  release from custody or when the office of children and family  services
    38  or  an  authorized  agency  requests a certified copy or certified tran-
    39  script of birth for a youth placed in the custody of the  local  commis-
    40  sioner  of  social services or the custody of the office of children and
    41  family services pursuant to article three of the family  court  act  for
    42  the  purpose of providing such certified copy or certified transcript of
    43  birth to such youth in anticipation of discharge from placement.
    44    § 8. The correction law is amended by adding a new section 75 to  read
    45  as follows:
    46    §  75. Notice of voting rights. Upon the discharge from a correctional
    47  facility of any  person  whose  maximum  sentence  of  imprisonment  has
    48  expired,  the department shall notify such person of his or her right to
    49  vote and provide such person with a form of application for voter regis-
    50  tration together with written information distributed by  the  board  of
    51  elections on the importance and the mechanics of voting.
    52    §  9.  The  executive law is amended by adding a new section 259-jj to
    53  read as follows:
    54    § 259-jj. Voting rights upon discharge. Upon  discharge  of  a  person
    55  from  presumptive  release,  parole, or conditional release, or upon the
    56  expiration of a person's maximum sentence of  imprisonment  while  under

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     1  the  supervision of the division of parole, the division of parole shall
     2  notify such person of his or her right to vote, provide such person with
     3  a form of application  for  voter  registration  together  with  written
     4  information  distributed by the board of elections on the importance and
     5  the mechanics of voting.
     6    § 10. Subdivision 16 of section 3-102 of the election law, as added by
     7  chapter 23 of the laws of 2005, is amended and a new subdivision 16-a is
     8  added to read as follows:
     9    16. administer the administrative complaint procedure as provided  for
    10  in section 3-105 of this article[.];
    11    16-a. provide the department of correctional services and the division
    12  of  parole with a sufficient number of voter registration forms to allow
    13  the department of correctional services and the division  of  parole  to
    14  comply with the duty to provide such voter registration forms to persons
    15  upon  the  expiration  of  their  maximum sentence of imprisonment. Such
    16  voter registration forms shall  be  addressed  to  the  state  board  of
    17  elections.
    18    §  11.  This act shall take effect on the thirtieth day after it shall
    19  have become a law.
    20                                   PART PP
 
    21    Section 1. Paragraph a of subdivision 1 of section 8 of section  2  of
    22  chapter  868 of the laws of 1975, constituting the New York state finan-
    23  cial emergency act for the city of New York, as amended by  chapter  777
    24  of the laws of 1978, is amended to read as follows:
    25    a. For its fiscal years ending June thirtieth, nineteen hundred seven-
    26  ty-nine  through June thirtieth, nineteen hundred eighty-one, the city's
    27  budget covering all expenditures  other  than  capital  items  shall  be
    28  prepared and balanced so that the results thereof would not show a defi-
    29  cit when reported in accordance with the accounting principles set forth
    30  in  the  state  comptroller's  uniform  system  of  accounts for munici-
    31  palities, as the same may be modified by the comptroller,  in  consulta-
    32  tion  with the city comptroller, for application to the city; subject to
    33  the provision of subdivision four of section three thousand thirty-eight
    34  of the public authorities law with respect to contributions by the  city
    35  or  other  public  employer to any retirement system or pension fund and
    36  subject to the provision of paragraph (c) of subdivision five of section
    37  three thousand thirty-eight of the public authorities law  with  respect
    38  to  expense  items  included  in the capital budget of the city. For the
    39  fiscal year ending June thirtieth, nineteen hundred eighty-two, and  for
    40  each fiscal year thereafter, the city's budget covering all expenditures
    41  other  than  capital  items  shall  be prepared and balanced so that the
    42  results thereof would not show a deficit  when  reported  in  accordance
    43  with  generally  accepted  accounting principles and [that] would permit
    44  comparison of the budget with the report  of  actual  financial  results
    45  prepared  in  accordance  with generally accepted accounting principles.
    46  With respect to financial plans that include  the  fiscal  years  ending
    47  June  thirtieth,  nineteen  hundred seventy-nine through June thirtieth,
    48  nineteen hundred eighty-one, the city's budget covering all expenditures
    49  other than capital items shall be prepared in accordance with  generally
    50  accepted  accounting  principles and there shall be substantial progress
    51  in each such fiscal year towards achieving a city  budget  covering  all
    52  expenditures  other  than  capital  items the results of which would not
    53  show a deficit when  reported  in  accordance  with  generally  accepted
    54  accounting  principles.  The city shall eliminate expense items from its
    55  capital budget not later than the commencement of the fiscal year ending

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     1  June thirtieth, nineteen hundred eighty-two. For the fiscal year  ending
     2  June  thirtieth,  nineteen hundred eighty-nine, and for each fiscal year
     3  thereafter, the budgets covering all  expenditures  other  than  capital
     4  items  of  each  of  the  covered  organizations  shall  be prepared and
     5  balanced so that the results thereof  would  not  show  a  deficit  when
     6  reported  in  accordance  with generally accepted accounting principles;
     7  and for each fiscal year  prior  thereto,  there  shall  be  substantial
     8  progress  towards  such  goal.    Notwithstanding  the foregoing and the
     9  provisions of any general or special state  law  or  local  law  to  the
    10  contrary,  including  but  not limited to the New York city charter, all
    11  costs that would be capital costs in accordance with generally  accepted
    12  accounting  principles, but for the application of governmental account-
    13  ing standards board statement number forty-nine, shall be deemed  to  be
    14  capital  costs  for  purposes of this chapter and any other provision of
    15  state or local law, including but not limited to the New York city char-
    16  ter, relevant to the treatment of such costs.
    17    § 2. This act shall take effect immediately.
    18                                   PART QQ
 
    19    Section 1. The opening paragraph of subdivision 3 of  section  5-a  of
    20  the  legislative law, as amended by section 1 of part Z of chapter 56 of
    21  the laws of 2008, is amended to read as follows:
    22    Any member of the assembly serving in a special capacity in a position
    23  set forth in the following schedule shall  be  paid  the  allowance  set
    24  forth  in such schedule only for the legislative term commencing January
    25  first, two thousand [nine] eleven and terminating December thirty-first,
    26  two thousand [ten] twelve:
    27    § 2. Section 13 of chapter 141 of  the  laws  of  1994,  amending  the
    28  legislative  law and the state finance law relating to the operation and
    29  administration of the legislature, as amended by section 1 of part XX of
    30  chapter 56 of the laws of 2009, is amended to read as follows:
    31    § 13. This act shall take effect immediately and shall  be  deemed  to
    32  have  been  in full force and effect as of April 1, 1994, provided that,
    33  the provisions of section 5-a of  the  legislative  law  as  amended  by
    34  sections two and two-a of this act shall take effect on January 1, 1995,
    35  and provided further that, the provisions of article 5-A of the legisla-
    36  tive  law  as  added  by section eight of this act shall expire June 30,
    37  [2010] 2011 when upon such date the provisions of such article shall  be
    38  deemed  repealed;  and  provided further that section twelve of this act
    39  shall be deemed to have been in full force and effect on and after April
    40  10, 1994.
    41    § 3. This act shall take effect  immediately,  provided,  however,  if
    42  section  two  of  this  act  shall take effect on or after June 30, 2010
    43  section two of this act shall be deemed to have been in full  force  and
    44  effect on and after June 30, 2010.
    45    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    46  sion,  section  or  part  of  this act shall be adjudged by any court of
    47  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    48  impair,  or  invalidate  the remainder thereof, but shall be confined in
    49  its operation to the clause, sentence, paragraph,  subdivision,  section
    50  or part thereof directly involved in the controversy in which such judg-
    51  ment shall have been rendered. It is hereby declared to be the intent of
    52  the  legislature  that  this  act  would  have been enacted even if such
    53  invalid provisions had not been included herein.

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