A09706 Summary:
BILL NO | A09706C |
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SAME AS | SAME AS UNI. S06606-B |
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SPONSOR | Budget |
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COSPNSR | |
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MLTSPNSR | |
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Amd Various Laws, generally | |
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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). |
A09706 Actions:
BILL NO | A09706C | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/19/2010 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
02/17/2010 | amend and recommit to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
02/17/2010 | print number 9706a | |||||||||||||||||||||||||||||||||||||||||||||||||
03/24/2010 | amend and recommit to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
03/24/2010 | print number 9706b | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2010 | amend and recommit to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2010 | print number 9706c | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2010 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2010 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2010 | rules report cal.227 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2010 | ordered to third reading rules cal.227 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2010 | message of necessity - 3 day message | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2010 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2010 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2010 | REFERRED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2010 | SUBSTITUTED FOR S6606B | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2010 | 3RD READING CAL.1063 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2010 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2010 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2010 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2010 | signed chap.56 |
A09706 Floor Votes:
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
A09706 Text:
Go to top 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. LBD12670-07-0S. 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 propertyS. 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[;16director]. 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 appointedS. 6606--B 5 A. 9706--C 1 by the [governor by and with the advice and consent of the senate, and2hold office at the pleasure of the governor by whom he was appointed and3until 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 alternatives6shall have sole charge of the administration of the division of7probation 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 correctional17alternatives 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] officeS. 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 of53probation 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 shall37transmit to the governor not later than February first of each year an38annual report of the work of the division of probation and correctional39alternatives for the preceding calendar year, which shall include such40information relative to the administration of probation and correctional41alternatives 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 twoS. 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-26sion] 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 [of42criminal 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-14tor] 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 of56probation and correctional alternatives] office, [under regulationsS. 6606--B 11 A. 9706--C 1which 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 theS. 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 and34correctional 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-16sion] 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 [probation54and 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 screensS. 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 and17correctional 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-20tor 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-38sion] 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 ofS. 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-4sion] 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 theS. 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 correctionalS. 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-40natives] 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-49sion] 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-9tives] 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 and37correctional 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[;48provided, however, that where the state division of probation and49correctional alternatives provides for and delivers probation services50pursuant to the provisions of section two hundred forty-seven of the51executive law the state division of probation and correctional alterna-52tives shall have the first option of designating such agency as the53restitution 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-8sion] office of probation and correctional alternatives within the first 9 ten days following the end of each month [who shall transmit such infor-10mation 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 [state41division] 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 [crime44victims 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-16ment] 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 theS. 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 service48the court may request the state director of probation and correctional49alternatives 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 1sions] 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 correctional16alternatives,] 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 of26probation 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, theS. 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 [crime31victims 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; [crime56victims 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 theS. 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-45ry, 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 crime49victims] 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 beS. 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 victims49board] 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 phoneS. 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 [crime8victims 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 theS. 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 andS. 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 notice32thereof 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 [board39member 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 board42member] 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 byS. 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 the25case 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 [board55or 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 ofS. 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 board34member, 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 board46member, 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, as10the 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 aggregateS. 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 indebtednessS. 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 the10board 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, orS. 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 orS. 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 officialS. 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 ofS. 6606--B 46 A. 9706--C 1 actual notice received from or notice published by the [crime victims2board] 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-10sel 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-28ing 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 toS. 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 victimsS. 6606--B 49 A. 9706--C 1board] 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 inS. 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 theS. 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 of55the division]. Such information shall be transmitted annually to the 56 [crime victims board] office of victim services and included in theS. 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 of9the 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 crime35victims 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 the12crime 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 lawS. 6606--B 54 A. 9706--C 1 enforcement agencies, the courts and the New York state [crime victims2board] 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 crimeS. 6606--B 55 A. 9706--C 1victims 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 [state54crime 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 victims45board] 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 ofS. 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 crime38victims 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 ofS. 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 theS. 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-18sion and provide staff services as may be necessary through the state19emergency 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 the28governor, 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 localS. 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, integrate33commission activities, responsibilities and duties with those of the34civil defense commission; and35k.] 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-12ters 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, withS. 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 [disaster20preparedness] 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-7ters 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, withS. 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 civil28defense 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 defense43forces] 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 [civil45defense emergency] disaster, for the purpose of protecting and preserv- 46 ing human life or property in a disaster. [In such event, civil defense47forces] 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 inS. 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 of5the disaster and at any other appropriate places within the county, in6which 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 [civil28defense] public safety or emergency management and is not consolidated 29 therewith, the county chief executive may direct the [civil defense30director] 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-5es] 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 the14disaster and at any other appropriate places within the city, in which15all 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 defense29forces] 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 [civil36defense 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 defense44director] 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 [civil12defense 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 assists19the disaster preparedness commission in implementing the powers and20duties 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-36gency 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 yearS. 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.710.] The division of veterans' affairs. 8 [11. The office of planning services.912. 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 shallS. 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 homeland51security] 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 onS. 6606--B 75 A. 9706--C 1 behalf of the state shall be deemed to refer to the [state office of2homeland 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, division10of military and naval affairs, state emergency management office,11department of health, department of environmental conservation, division12of criminal justice services, department of state, office for technolo-13gy, 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 ensureS. 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 of41homeland 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 the47office 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 of51the director shall be fixed at a level commensurate with that of the52state officers identified in paragraph (a) of subdivision one of section53one 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 the16office of cyber security and critical infrastructure coordination which17shall be dedicated to the identification and mitigation of the state's18cyber 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-21tor] 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 subdivisionS. 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 public4security] 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 of37public security shall make a preliminary report to the governor, the38temporary president of the senate, the speaker of the assembly, the39chairman of the public service commission, and the chief executive of40any such affected generating or transmission company or his or her41designee.] 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-56rity] commissioner of the division of homeland security and emergencyS. 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 the31office 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 the49office 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-3rity] 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 of48homeland 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 shallS. 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-9land 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 homeland17security] 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 the26office 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 homeland31security] 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 laws36of 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 the42office 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-7tructure 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 critical10infrastructure 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 [director43of 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 theS. 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, and15not 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-29rity] 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,34the director of the office of homeland security shall make a preliminary35report to the governor, the temporary president of the senate, the36speaker of the assembly, the public service commission, and the operator37of any such affected commercial aviation fuel, petroleum or natural gas38transmission 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 homeland44security] 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 office50of 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 mayS. 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 orS. 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 of26state] 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 of30state] 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 administrator36may, from time to time, with the approval of the secretary of state,37create, abolish, transfer and consolidate divisions, bureaus, and other38units within the office of fire prevention and control as he may deter-39mine necessary for the efficient operation of such office. The state40fire administrator may, with the approval of the secretary of state,41appoint such deputies, directors and others within the office as he may42deem necessary to the proper implementation of this article, prescribe43their duties, fix their compensation and provide for reimbursement of44their actual and necessary expenses within the amounts available by45appropriation.] 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 rescueS. 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 [state26fire 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 theS. 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,27by 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 dutiesS. 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-49cy 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 thousandS. 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 costS. 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 [secretary51of 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 [emergency10services 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 the22secretary of state to the emergency services loan board. The board shall23consist of the following thirteen members: the secretary of state as24chair, or the secretary's designee, the state fire administrator, five25members appointed by the governor, two members appointed by the tempo-26rary president of the senate, two members appointed by the speaker of27the assembly, one member appointed by the minority leader of the senate,28and one member appointed by the minority leader of the assembly. Each29member of the board shall serve at the pleasure of the appointing offi-30cial. Members of the board shall serve without salary or per diem allow-31ance, but shall be entitled to reimbursement for actual and necessary32expenses incurred in the performance of official duties under this33section, provided, however, that such members are not, at the time such34expenses are incurred, public employees otherwise entitled to such35reimbursement. Notwithstanding any inconsistent provisions of law,36general, special or local, no officer or employee of the state, or poli-37tical subdivision of the state, any governmental entity operating any38public school or college or other public agency or instrumentality or39unit of government which exercises governmental powers under the laws of40the state, shall forfeit office or employment by reason of acceptance or41appointment as a member, representative, officer, employee or agent of42the board nor shall service as such member, representative, officer,43employee or agent of the board be deemed incompatible or in conflict44with 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-25phone 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-30ation of the statewide wireless network annually pursuant to appropri-31ation 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 be50disbursed pursuant to article six-A of the county law and appropriated51by the legislature; and52(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[.]; andS. 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 secretary39of state pursuant to article eighteen of this chapter to obtain compli-40ance 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 the44secretary 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 under4article 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-42ment 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 ofS. 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 department10of 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 fire43prevention 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 suspiciousS. 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 of36state,] 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) theS. 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 fire36administrator 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-19tary] 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 of53state upon the recommendation of the office of fire prevention and54control] 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 office23of 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 theS. 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-43tives] 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-54bursing 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 end33of each quarter, each county outside the city of New York approved as34eligible for reimbursement under this section, and the city of New York35if approved as eligible for reimbursement under this section, shall36submit to the division, in such form as the director requires, a veri-37fied accounting of all expenditures made by the county, or the city of38New York, in providing probation services. Such accounting shall desig-39nate those items for which reimbursement is claimed, and shall be40presented together with a claim for reimbursement.41In 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 which53such 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 thatS. 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 interimS. 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 fiscallyS. 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, orS. 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 the37indigent legal services fund each calendar year from January first38through December thirty-first shall be made available by the state comp-39troller 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 shall51be distributed at the direction of the state comptroller in accordance52with the provisions of this subdivision.53(b) (i) Commencing on March thirty-first, two thousand five, moneys54from such fund shall first be made available, in the calendar year next55succeeding the calendar year in which collected, to reimburse the state56for 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 or27as soon thereafter as practicable, and subsequent quarterly payments28thereafter, moneys from such fund shall be available to reimburse the29state for providing funding for legal representation in periods and at30rates of compensation in effect after January first, two thousand four31in accordance with section thirty-five of the judiciary law, in an32amount equal to such funding provided during the preceding quarter, less33the amount of funding provided during that quarter in accordance with34such section at rates of compensation in effect immediately prior to35January first, two thousand four, up to but not exceeding six million36two hundred fifty thousand dollars per quarter.37(c) The balance of moneys received by such fund shall be distributed38by the state comptroller, in the calendar year next succeeding the39calendar year in which collected, to counties and, in the case of a40county wholly contained within a city, such city, to assist such coun-41ties and such city in providing representation pursuant to article eigh-42teen-B of the county law. The amount to be made available each year to43such counties and such city shall be calculated by the state comptroller44as follows:45(i) The county executive or chief executive officer of each county or,46in the case of a county wholly contained within a city, such city shall,47in accordance with subdivision two of section seven hundred twenty-two-f48of the county law, certify to the state comptroller, by March first of49each year, the total expenditure of local funds by each such county or50city, during the period January first through December thirty-first of51the previous calendar year, for providing legal representation to52persons who were financially unable to afford counsel, pursuant to arti-53cle eighteen-B of the county law.54(ii) The state comptroller shall then total the amount of local funds55expended by all such counties and such city to determine the sum of suchS. 6606--B 116 A. 9706--C 1moneys expended by all such counties and such city for providing such2representation in such calendar year.3(iii) The state comptroller shall then calculate the percentage share4of the statewide sum of such expenditures for each county and such city5for such calendar year.6(iv) The state comptroller shall then determine:7(A) the fund amount available to be distributed pursuant to this para-8graph, which shall be the amount received by the indigent legal services9fund in the immediately preceding calendar year, minus the amount to be10distributed to the state under paragraph (b) of this subdivision11provided, however, that with respect to the first payment made to coun-12ties and such city on March thirty-first, two thousand five, such13payment shall be made from the amounts received by the indigent legal14services fund in the immediately preceding two calendar years, minus the15amount to be distributed to the state under paragraph (b) of this subdi-16vision; and17(B) the annual payment amount to be paid to each county and such city18pursuant to this subdivision, which shall be the product of the percent-19age share of statewide local funds expended by each such county and20city, as determined pursuant to subparagraph (iii) of this paragraph,21multiplied by the fund amount available for distribution, as determined22pursuant to clause (A) of this subparagraph.23(d) All payments from this account shall be made upon vouchers24approved and certified and upon audit and warrant of the state comp-25troller. The state comptroller shall, as soon as practicable, make such26payments to the state and each county and each city in a lump sum27payment.284. Maintenance of effort. (a) As used in this section, "local funds"29shall mean all funds appropriated or allocated by a county or, in the30case of a county wholly contained within a city, such city, for services31and expenses in accordance with article eighteen-B of the county law,32other than funds received from: (i) the federal government or the state;33or (ii) a private source, where such city or county does not have34authority or control over the payment of such funds by such private35source.36(b) State funds received by a county or city pursuant to subdivision37three of this section shall be used to supplement and not supplant any38local funds which such county or city would otherwise have had to expend39for the provision of counsel and expert, investigative and other40services pursuant to article eighteen-B of the county law. All such41state funds received by a county or city shall be used to improve the42quality of services provided pursuant to article eighteen-B of the coun-43ty law.44(c) Notwithstanding the provisions of any other law, as a precondition45for receiving state assistance pursuant to subdivision three of this46section, a county or city shall be required pursuant to this paragraph47to demonstrate compliance with the maintenance of effort provisions of48paragraph (b) of this subdivision. Such compliance shall be shown as a49part of the annual report submitted by the county or city in accordance50with subdivision two of section seven hundred twenty-two-f of the county51law. Such maintenance of effort shall be shown by demonstrating with52specificity:53(i) that the total amount of local funds expended for services and54expenses pursuant to article eighteen-B of the county law during the55applicable calendar year reporting period did not decrease from the56amount of such local funds expended during the previous calendar yearS. 6606--B 117 A. 9706--C 1provided, however, that with respect to the report filed in two thousand2six regarding calendar year two thousand five, such maintenance of3effort shall be shown by demonstrating with specificity that the total4amount of local funds expended for services and expenses pursuant to5article eighteen-B of the county law during the two thousand five calen-6dar year did not decrease from the amount of such local funds expended7during calendar year two thousand two; or8(ii) where the amount of local funds expended for such services9decreased over such period, that all state funds received during the10most recent state fiscal year pursuant to subdivision three of this11section were used to assure an improvement in the quality of services12provided in accordance with article eighteen-B of the county law and13have not been used to supplant local funds. For purposes of this subpar-14agraph, whether there has been an improvement in the quality of such15services shall be determined by considering the expertise, training and16resources made available to attorneys, experts and investigators provid-17ing such services; the total caseload handled by such attorneys, experts18and investigators as such relates to the time expended in each case and19the quality of services provided; the system by which attorneys were20matched to cases with a degree of complexity suitable to each attorney's21training and experience; the provision of timely and confidential access22to such attorneys and expert and investigative services; and any other23similar factors related to the delivery of quality public defense24services.] 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 inS. 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 JS. 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) ofS. 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 feeS. 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 attorneyS. 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 expire39during 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 the12election 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 to20be first abolished is an office, the term of which will expire in more21than two years, such office shall be abolished as provided in such22resolution. The office of town justice that shall also then be abolished23in the other town shall be that office which would have expired in less24than two years. In the event it is determined by lot that the office of25town justice to be abolished is an office, the term of which will expire26in less than two years, such office shall be abolished as provided in27such resolution. The office of town justice that shall also be abol-28ished in any town shall be that office which would have expired in more29than 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 NS. 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 purposeS. 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 civil27service] 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 employeeS. 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 otherS. 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-50ment 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 publicS. 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 thisS. 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 at30least twenty-six months. At the expiration of] such time [or such31further 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, his41heirs 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 liabilityS. 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 the7chair 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 the19additional 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 of27insurance furnished by the group self-insurer, its successor or assigns28or 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 the50chair 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 theS. 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 imposedS. 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 thisS. 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 aS. 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 theS. 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-17ance] 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-55men'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-40ance] 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 theS. 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-41ance] 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 administrativeS. 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 the56purpose of returning to participating governments and school districtsS. 6606--B 150 A. 9706--C 1the appropriate share of moneys remitted by such health insurance carri-2ers 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 one17hundred 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 presidentS. 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 beS. 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 by42county 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 exemptionS. 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 a41body when determining reviews relating to county equalization rates and42adopting and amending rules, regulations and orders in accordance with43law. The board may by resolution delegate to any officer or employee of44the office of real property services any other power or duty to be exer-45cised or performed by it under this chapter or any other law subject to46the following:47(a) Any resolution which delegates powers and duties relating to the48assessment of special franchises, the approval of assessments of state49lands subject to taxation, and the establishment of state equalization50rates pursuant to article twelve of this chapter shall be adopted annu-51ally. Any such resolution shall specify the assessment rolls for which52said delegation is made and shall set forth the full value standard53which shall be used. However, no such resolution may delegate the power54to make a final determination in a matter in which a complaint has been55filed pursuant to articles six and twelve of this chapter; provided,56however, that the power to adjust a final special franchise assessmentS. 6606--B 156 A. 9706--C 1which is affected by a special equalization rate established pursuant to2section twelve hundred twenty-two of this chapter may be delegated3whether or not a complaint has been filed pursuant to article six of4this chapter. The executive director shall report to the members of the5board all actions taken pursuant to any such resolution within ten days6of taking said actions. Within ten days of receipt of the report of the7executive director, if any member of the board has an objection, a meet-8ing of the board shall be convened for the purpose of considering the9objection. Failure to make a report shall not, however, affect the10legality of any such actions.11(b) Any resolution which delegates powers and duties relating to the12establishment of special state equalization rates pursuant to sections13eight hundred six and thirteen hundred fourteen of this chapter and14special equalization ratios pursuant to articles twelve-A and twelve-B15of this chapter and certifications of changes in the level of assessment16pursuant to this chapter or any other law shall prescribe the policies17or criteria to be observed in the exercise of such powers and duties by18the officer or employee to whom they are delegated. However, no such19resolution may delegate the power to make a final determination in a20matter in which a complaint has been filed pursuant to articles twelve-A21and 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 inS. 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 theS. 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 taxS. 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 taxation30and finance] and the assessor shall not request income documentation 31 from them, unless such department advises the assessor [through the32state 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-40mation to the department of taxation and finance in the manner provided41by the agreement executed pursuant to section one hundred seventy-one-o42of the tax law, and shall notify the assessor of the response or43responses 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 hundredS. 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 and17finance 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 taxation28and 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 [of33taxation 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 accountS. 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-7ter] 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 tenS. 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, as9provided 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 office27of 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, or39his 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 notS. 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, or13his 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 office54of 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 andS. 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 aid19payable in the school years nineteen hundred ninety-four--ninety-five20through nineteen hundred ninety-seven--ninety-eight, be required to21design, develop and implement a process whereby school districts may22request a review of the assignment of taxpayer addresses to their school23district. In addition to the cooperative agreement developed pursuant to24paragraph a of this subdivision between the commissioner, the commis-25sioner of education and the director of the office of real property26services, the parties shall enter into a second cooperative agreement to27establish procedures for such a review process. Such procedures shall28include but not be limited to: (i) general criteria to be used for the29purpose of evaluating suspected inaccuracies in the assignment of tax30returns to school districts; (ii) a process for rating the requests for31review, giving appropriate recognition to the relative incidence of32suspected inaccuracies, the relative effect of suspected inaccuracies on33the aggregate income, income per return and relative income per pupil of34the school district, and the relative effect of suspected inaccuracies35on state aid payable to the school district pursuant to the education36law; (iii) a process for identifying the school districts for partic-37ipation in the review process from the rated list of applicants; (iv)38processes by which addresses assigned to identified school districts39will be reviewed and by which corrections to inaccuracies will be iden-40tified; (v) a process by which corrections to inaccurate assignments41will be made to appropriate files; and (vi) deadlines by which school42districts must submit requests for review to the commissioner of educa-43tion and timelines for each of the procedures included in the agreement.442. School districts requesting a review in accordance with the45provisions of this paragraph shall be required, in consultation with the46district superintendent of schools for the supervisory district in which47the school district is located, appointed pursuant to section nineteen48hundred fifty of the education law, to submit to the commissioner of49education evidence in support of a contention that the assignment of tax50returns to their district is inaccurate. Identified school districts may51be required to review ordered listings, prepared by the department or52the office of real property services or an authorized vendor contracted53by the department, of the permanent resident address of selected taxpay-54ers who filed personal income tax returns with the department reporting55a school district code or address which indicates that the taxpayer was56a resident of such identified school district at the close of the taxa-S. 6606--B 166 A. 9706--C 1ble year for which the return was filed. In no case shall ordered2address listings for school district review include those addresses3which the school district had the opportunity to review pursuant to4paragraph a of this subdivision. District superintendents of schools5appointed pursuant to section nineteen hundred fifty of the education6law, having an identified school district within their supervisory7district, shall be required to verify any suspected inaccuracies indi-8cated by an identified district as a result of the district's review of9ordered address listings pursuant to this paragraph.103.] 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 [or32the 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 property56services and] a city with a population of one million or more. (1) TheS. 6606--B 167 A. 9706--C 1 department shall enter into an agreement with [the state board of real2property services to verify, to the extent practicable, whether persons3described in paragraph (b) of subdivision four of section four hundred4twenty-five of the real property tax law meet the income eligibility5requirements prescribed therein for the applicable income tax year,6beginning with the income tax year ending in two thousand two. The7department 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 property14services, 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 [state19board 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,39the department or authorized vendor contracted by the department shall40furnish annually, as required pursuant to subdivision twenty-fifth of41section one hundred seventy-one of this chapter, to the executive direc-42tor of the office of real property services, electronic file transfers43of the permanent residence address of each taxpayer who has filed a44personal income tax return with the department. Such transfers shall be45in accordance with the schedule established pursuant to the agreement46developed in accordance with paragraph d of subdivision twenty-fifth of47section one hundred seventy-one of this chapter. Similarly, the office48of real property services shall, subject to the availability of funds49appropriated for this purpose, verify or correct or determine the school50district for each such residence address provided by the department and51shall return such updated data to the department in accordance with the52provisions 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-oneS. 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-35dures adopted for this purpose by the state board of real property36services established pursuant to article two of the real property tax37law] 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, suchS. 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, toS. 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 limited44to 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 annually49by the state board; and50(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 an53assessment roll finalized after the first day of January, nineteen54hundred 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 assessment4roll, the uniform percentage of value at which all real property is5assessed, or in special assessing units, the uniform percentage of value6at 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-15cable] 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 when21the state board determines that the assessing unit has implemented a22revaluation or update that includes the reinspection and reappraisal of23all locally assessed properties. However, no assessing unit may qualify24for this payment more than once in a three year period, and no aid may25be paid pursuant to this paragraph with respect to any assessment roll26filed after the year two thousand eleven.27(b) (i) Annual aid shall be payable when the state board determines28that the assessing unit has maintained an equitable assessment roll.29Such determination shall be made in accordance with standards estab-30lished pursuant to regulations promulgated by the state board, subject31to the approval of the director of the budget, and shall be based upon32criteria including but not limited to:33(A) annually maintaining assessments at the percentage of value speci-34fied in subdivision one of this section;35(B) annually conducting a systematic analysis of all locally assessed36properties using a methodology specified in such regulations;37(C) annually revising assessments as necessary to maintain the stated38uniform percentage of value; and39(D) implementing a local program for physically inspecting and reap-40praising each parcel at least once every six years.41(E) Such standards shall contain ranges of acceptable performance as42determined by the state board in accordance with nationally recognized43assessment methods.44(ii) No aid shall be paid pursuant to this paragraph with respect to45any assessment roll which receives triennial aid pursuant to paragraph46(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 be49apportioned] 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 theS. 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-four3of 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 AAS. 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 countyS. 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 suchS. 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 aS. 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 than32ten 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, naturalS. 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 theS. 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 healthS. 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 revenueS. 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 dollars30($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 toS. 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 chapterS. 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 reappropriationsS. 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 ofS. 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 developmentS. 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 byS. 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 ofS. 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 urbanS. 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 DepartmentS. 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 anS. 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 to41exceed five percent in the case of refunding bonds or five-tenths of one42percent 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 refunding21bonds 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 to33exceed five percent in the case of refunding bonds or five-tenths of one34percent 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 inS. 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 refunding13bonds 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-36age facility for the state museum, the state library and the state37archives] 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 an14amount in excess of fourteen million dollars for the purposes of this15section.] 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 the31authority in establishing a schedule for financing such project. The32commissioner of education shall notify the authority if there is a33change 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 certification36to the authority by the commissioner of education pursuant to subdivi-37sion 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 ofS. 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 [eight16hundred] 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 otherS. 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-7eight] 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:S. 6606--B 219 A. 9706--C 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 aS. 6606--B 220 A. 9706--C 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 inS. 6606--B 221 A. 9706--C 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 of11parole] 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 of35parole] 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 of33the 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 andS. 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 [the20provisions 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 restrictionS. 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 of3parole] 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 of39parole] 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 envelopeS. 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 of20parole] 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 board42of 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 [the9provisions 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 goodS. 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 [the30provisions 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 fromS. 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 [the28provisions 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 the42executive] 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 ofS. 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 [the30provisions 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 for21in 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 [as46provided 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; orS. 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 [as9provided 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 section26seven 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 [as42provided 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 section25seven 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 providedS. 6606--B 234 A. 9706--C 1for 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 provided9for 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 correction48law 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 section3seven hundred one of the correction law by the court in which such4person 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 section23seven hundred one of the correction law by the court in which such24person was last penalized pursuant to paragraph (d) of subdivision one25of 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 section33seven hundred one of the correction law by the court in which such34person was last penalized pursuant to paragraph (d) of subdivision one35of 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 section42seven 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 [economic13development,] 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 forS. 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 toS. 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 underS. 6606--B 240 A. 9706--C 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 endingS. 6606--B 241 A. 9706--C 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.S. 6606--B 242 A. 9706--C 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.