New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

S02807 Summary:

S02807 Actions:

S02807 Floor Votes:

S02807 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2807--C                                            A. 4007--C
 
                SENATE - ASSEMBLY
 
                                    February 1, 2011
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered

          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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 chapter 887 of the laws of 1983, amending the correction
          law  relating  to the psychological testing of candidates, in relation

          to extending the expiration of such chapter; to amend chapter  428  of
          the  laws  of 1999, amending the executive law and the criminal proce-
          dure law relating to expanding the geographic area  of  employment  of
          certain  police  officers,  in relation to extending the expiration of
          such chapter; to amend chapter 886 of the laws of 1972,  amending  the
          correction  law  and  the  penal law relating to prisoner furloughs in
          certain cases and the crime of absconding therefrom,  in  relation  to
          extending  the expiration of such chapter; to amend chapter 261 of the
          laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the
          correction law, the penal law and other chapters and laws relating  to
          correctional  facilities,  in  relation to extending the expiration of
          such chapter; to amend chapter 339 of the laws of 1972,  amending  the

          correction  law  and  the  penal  law relating to inmate work release,
          furlough and leave, in relation to extending the  expiration  of  such
          chapter;  to  amend chapter 60 of the laws of 1994 relating to certain
          provisions which impact upon  expenditure  of  certain  appropriations
          made  by  chapter 50 of the laws of 1994 enacting the state operations
          budget, in relation to extending the expiration of certain  provisions
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12570-06-1
        S. 2807--C                          2                         A. 4007--C
 
          of  such  chapter;  to amend chapter 554 of the laws of 1986, amending

          the correction law and the penal law relating to providing for  commu-
          nity  treatment  facilities  and  establishing the crime of absconding
          from  the  community  treatment facility, in relation to extending the
          expiration of such chapter; to amend chapter 3 of the  laws  of  1995,
          amending  the correction law and other laws relating to the incarcera-
          tion  fee,  in  relation  to  extending  the  expiration  of   certain
          provisions  of  such chapter; to amend chapter 55 of the laws of 1992,
          amending the tax law and other laws  relating  to  taxes,  surcharges,
          fees  and  funding, in relation to extending the expiration of certain
          provisions of such chapter; to amend chapter 907 of the laws of  1984,
          amending  the correction law, the New York city criminal court act and
          the executive law relating to prison and jail housing and alternatives

          to detention and incarceration programs, in relation to extending  the
          expiration of certain provisions of such chapter; to amend chapter 166
          of  the  laws of 1991, amending the tax law and other laws relating to
          taxes, in relation to extending the expiration of  certain  provisions
          of  such chapter; to amend the vehicle and traffic law, in relation to
          extending the expiration of the mandatory surcharge and victim assist-
          ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
          cle and traffic law relating to the ignition interlock device program,
          in relation to extending the expiration thereof; to amend chapter  435
          of the laws of 1997, amending the military law and other laws relating
          to various provisions, in relation to extending the expiration date of
          the  merit  provisions of the correction law and the penal law of such

          chapter; to amend chapter 412 of the laws of 1999, amending the  civil
          practice law and rules and the court of claims act relating to prison-
          er  litigation  reform, in relation to extending the expiration of the
          inmate filing fee provisions of the civil practice law and  rules  and
          general  filing  fee  provision  and inmate property claims exhaustion
          requirement of the court of claims act of such chapter; to amend chap-
          ter 222 of the laws of 1994 constituting  the  family  protection  and
          domestic  violence  intervention act of 1994, in relation to extending
          the expiration of certain provisions of  the  criminal  procedure  law
          requiring the arrest of certain persons engaged in family violence; to
          amend chapter 505 of the laws of 1985, amending the criminal procedure
          law relating to the use of closed-circuit television and other protec-

          tive  measures  for  certain child witnesses, in relation to extending
          the expiration of the provisions thereof; to amend chapter  3  of  the
          laws  of 1995, enacting the sentencing reform act of 1995, in relation
          to extending the expiration of certain provisions of such chapter;  to
          amend  chapter 689 of the laws of 1993 amending the criminal procedure
          law relating to electronic court appearance in  certain  counties,  in
          relation to extending the effective date thereof; to amend chapter 688
          of  the  laws of 2003, amending the executive law relating to enacting
          the interstate compact for adult offender supervision, in relation  to
          the  effectiveness  of  such chapter; to amend part H of chapter 56 of
          the laws of 2009, amending the correction law relating to limiting the
          closing of certain correctional facilities, providing for the  custody

          by the department of correctional services of inmates serving definite
          sentences,  providing  for  custody of federal prisoners and requiring
          the closing of certain correctional facilities,  in  relation  to  the
          effectiveness  of  such  chapter;  to amend chapter 268 of the laws of
          1996, amending the education law and the state finance law relating to
          providing a recruitment incentive and retention  program  for  certain
          active  members  of  the  New  York  army national guard, New York air
        S. 2807--C                          3                         A. 4007--C
 
          national guard, and New York naval militia, in relation to the  effec-
          tiveness  of such chapter; and to amend section 3 of part C of chapter
          152 of the laws of 2001, amending the military law relating  to  mili-

          tary  funds of the organized militia, in relation to the effectiveness
          thereof (Part A); to amend chapter 503 of the laws of 2009 relating to
          the disposition of  monies  recovered  by  county  district  attorneys
          before the filing of an accusatory instrument, in relation thereto and
          the  effectiveness thereof (Part B); authorizing the governor to close
          correctional  facilities;  and  providing  for  the  repeal  of   such
          provisions  upon expiration thereof (Part C); to amend the tax law, in
          relation to the public  safety  communications  surcharge;  to  repeal
          section 403 of the state technology law, relating to annual reports of
          costs related to the statewide wireless network; and providing for the
          repeal  of  certain  provisions  upon  expiration thereof (Part D); to
          amend  the executive law and the alcoholic beverage  control  law,  in

          relation  to  removing the salary provision for state liquor authority
          commissioners, other than the chairman (Part E); Intentionally omitted
          (Part F); to amend the workers' compensation law, in relation to self-
          insurers; and to repeal certain provisions of such law relating there-
          to (Part G); to amend the executive law and the civil service law,  in
          relation  to  removing  the salary provision for civil service commis-
          sioners other than the president (Part H); to amend the state  finance
          law, in relation to aid and incentives for municipalities (Part I); to
          amend  the state finance law, in relation to a program of aid to muni-
          cipalities in which a video lottery terminal facility is  located  and
          to repeal certain provisions of such law relating thereto (Part J); to
          amend  the state finance law, in relation to creating citizen empower-

          ment tax credits, local government citizens  re-organization  empower-
          ment  grants  and  the  local  government  performance  and efficiency
          program,  and  streamlining  the  local  government  efficiency  grant
          program  (Part  K);  to amend chapter 774 of the laws of 1989 amending
          the real property tax law relating to certain state lands  subject  to
          taxation,  in  relation  to  clarifying the state's obligation to make
          payments with respect to certain lands (Part L); Intentionally omitted
          (Part M); Intentionally omitted (Part N); Intentionally omitted  (Part
          O);  in  relation  to  allowing the State University Downstate Medical
          Center to create a not-for-profit corporation (Part P); to amend chap-
          ter 141 of the laws of 1994, amending  the  legislative  law  and  the
          state  finance law relating to the operation and administration of the

          legislature, in relation to extending such  provisions  (Part  Q);  to
          amend the education law, in relation to New York state district attor-
          ney  and  indigent  legal  services  attorney loan forgiveness program
          eligibility (Part R); and in relation to the acquisition of the assets
          of Community-General Hospital of  Greater  Syracuse  by  SUNY  Upstate
          Medical University (Part S)
 
          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 2011-2012
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through S. 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-
        S. 2807--C                          4                         A. 4007--C
 
     1  ing the effective date of the Part, which makes a reference to a section
     2  "of  this  act", when used in connection with that particular component,
     3  shall be deemed to mean and refer to the corresponding  section  of  the
     4  Part  in  which  it  is  found. Section three of this act sets forth the
     5  general effective date of this act.
 
     6                                   PART A
 
     7    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
     8  correction  law  relating to the psychological testing of candidates, as
     9  amended by section 1 of part U of chapter 56 of the  laws  of  2009,  is
    10  amended to read as follows:
    11    § 2. This act shall take effect on the one hundred eightieth day after

    12  it shall have become a law and shall remain in effect until September 1,
    13  [2011] 2013.
    14    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
    15  tive  law  and  the  criminal  procedure  law  relating to expanding the
    16  geographic area of employment of certain police officers, as amended  by
    17  section  2  of  part  U of chapter 56 of the laws of 2009, is amended to
    18  read as follows:
    19    § 3. This act shall take effect on the  first  day  of  November  next
    20  succeeding  the  date  on  which  it  shall have become a law, and shall
    21  remain in effect until the first day of September, [2011] 2013, when  it
    22  shall expire and be deemed repealed.
    23    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
    24  correction law and the penal  law  relating  to  prisoner  furloughs  in

    25  certain  cases  and  the  crime  of  absconding therefrom, as amended by
    26  section 3 of part U of chapter 56 of the laws of  2009,  is  amended  to
    27  read as follows:
    28    §  3.  This act shall take effect 60 days after it shall have become a
    29  law and shall remain in effect until September 1, [2011] 2013.
    30    § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
    31  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    32  other  chapters and laws relating to correctional facilities, as amended
    33  by section 4 of part U of chapter 56 of the laws of 2009, is amended  to
    34  read as follows:
    35    § 20. This act shall take effect immediately except that section thir-
    36  teen  of  this  act shall expire and be of no further force or effect on

    37  and after September 1, [2011]  2013  and  shall  not  apply  to  persons
    38  committed to the custody of the department after such date, and provided
    39  further that the commissioner of correctional services shall report each
    40  January  first and July first during such time as the earned eligibility
    41  program is in effect, to the chairmen of the senate crime victims, crime
    42  and correction committee,  the  senate  codes  committee,  the  assembly
    43  correction committee, and the assembly codes committee, the standards in
    44  effect  for  earned  eligibility  during the prior six-month period, the
    45  number of inmates subject to the provisions of earned  eligibility,  the
    46  number  who  actually received certificates of earned eligibility during
    47  that period of time, the number of inmates  with  certificates  who  are
    48  granted  parole  upon  their  first consideration for parole, the number

    49  with certificates who are denied parole upon their first  consideration,
    50  and the number of individuals granted and denied parole who did not have
    51  earned eligibility certificates.
    52    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    53  amending  the tax law and other laws relating to taxes, surcharges, fees
        S. 2807--C                          5                         A. 4007--C
 
     1  and funding, as amended by section 5 of part U of chapter 56 of the laws
     2  of 2009, is amended to read as follows:
     3    (q)  the  provisions  of  section  two hundred eighty-four of this act
     4  shall remain in effect until September 1, [2011] 2013 and be  applicable
     5  to all persons entering the program on or before August 31, [2011] 2013.

     6    §  6.  Section  10  of  chapter  339 of the laws of 1972, amending the
     7  correction law and the  penal  law  relating  to  inmate  work  release,
     8  furlough  and  leave, as amended by section 6 of part U of chapter 56 of
     9  the laws of 2009, is amended to read as follows:
    10    § 10. This act shall take effect 30 days after it shall have become  a
    11  law  and  shall  remain  in  effect  until September 1, [2011] 2013, and
    12  provided further that the commissioner of  correctional  services  shall
    13  report each January first, and July first, to the chairman of the senate
    14  crime  victims, crime and correction committee, the senate codes commit-
    15  tee, the assembly correction committee, and the assembly  codes  commit-
    16  tee,  the  number of eligible inmates in each facility under the custody
    17  and control of the commissioner who have applied  for  participation  in

    18  any  program  offered under the provisions of work release, furlough, or
    19  leave, and the number of such inmates who have been approved for partic-
    20  ipation.
    21    § 7. Subdivision (c) of section 46 of chapter 60 of the laws  of  1994
    22  relating  to certain provisions which impact upon expenditure of certain
    23  appropriations made by chapter 50 of the laws of 1994 enacting the state
    24  operations budget, as amended by section 7 of part U of  chapter  56  of
    25  the laws of 2009, is amended to read as follows:
    26    (c)  sections forty-one and forty-two of this act shall expire Septem-
    27  ber 1, [2011] 2013; provided, that the provisions of  section  forty-two
    28  of  this act shall apply to inmates entering the work release program on
    29  or after such effective date; and
    30    § 8. Section 5 of chapter 554  of  the  laws  of  1986,  amending  the

    31  correction  law  and  the  penal law relating to providing for community
    32  treatment facilities and establishing the crime of absconding  from  the
    33  community treatment facility, as amended by section 8 of part U of chap-
    34  ter 56 of the laws of 2009, is amended to read as follows:
    35    §  5.  This act shall take effect immediately and shall remain in full
    36  force and effect until September 1, [2011] 2013,  and  provided  further
    37  that the commissioner of correctional services shall report each January
    38  first  and July first during such time as this legislation is in effect,
    39  to the chairmen of  the  senate  crime  victims,  crime  and  correction
    40  committee,  the  senate codes committee, the assembly correction commit-
    41  tee, and the assembly codes committee, the number of individuals who are
    42  released to community treatment facilities during the previous six-month

    43  period, including the total number for each date at  each  facility  who
    44  are  not residing within the facility, but who are required to report to
    45  the facility on a daily or less frequent basis.
    46    § 9. Subdivision h of section 74 of chapter 3 of  the  laws  of  1995,
    47  amending the correction law and other laws relating to the incarceration
    48  fee,  as  amended  by  section  9 of part U of chapter 56 of the laws of
    49  2009, is amended to read as follows:
    50    h. Section fifty-two of this act shall be deemed to have been in  full
    51  force and effect on and after April 1, 1995; provided, however, that the
    52  provisions  of  section 189 of the correction law, as amended by section
    53  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
    54  as amended by section fifty-six of this act, and section fifty-seven  of

    55  this  act shall expire September 1, [2011] 2013, when upon such date the
    56  amendments to the correction law and penal law made by  sections  fifty-
        S. 2807--C                          6                         A. 4007--C
 
     1  five  and  fifty-six  of  this act shall revert to and be read as if the
     2  provisions of this act had not been  enacted;  provided,  however,  that
     3  sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
     4  deemed  to have been in full force and effect on and after March 1, 1995
     5  and shall be deemed repealed April  1,  1996  and  upon  such  date  the
     6  provisions  of  subsection  (e) of section 9110 of the insurance law and
     7  subdivision 2 of section 89-d of the state finance law shall  revert  to
     8  and  be  read  as  set  out in law on the date immediately preceding the

     9  effective date of sections sixty-two and sixty-three of this act;
    10    § 10. Subdivision (z) of section 427 of chapter  55  of  the  laws  of
    11  1992, amending the tax law and other laws relating to taxes, surcharges,
    12  fees  and  funding,  as amended by section 10 of part U of chapter 56 of
    13  the laws of 2009, is amended to read as follows:
    14    (z) the provisions of section three hundred  eighty-one  of  this  act
    15  shall  apply  to  all  persons  supervised  by  the [division of parole]
    16  department of corrections and community  supervision  on  or  after  the
    17  effective  date  of  this  act,  provided however, that subdivision 9 of
    18  section 259-a of the executive law, as added by  section  three  hundred
    19  eighty-one of this act, shall expire on September 1, [2011] 2013;
    20    §  11.  Subdivision  (aa)  of section 427 of chapter 55 of the laws of

    21  1992, amending the tax law and other laws relating to taxes, surcharges,
    22  fees and funding, as amended by section 11 of part U of  chapter  56  of
    23  the laws of 2009, is amended to read as follows:
    24    (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
    25  hundred eighty-three and three hundred eighty-four  of  this  act  shall
    26  expire on September 1, [2011] 2013;
    27    §  12.  Section  12  of  chapter 907 of the laws of 1984, amending the
    28  correction law, the New York city criminal court act and  the  executive
    29  law  relating  to  prison and jail housing and alternatives to detention
    30  and incarceration programs, as amended by section 12 of part U of  chap-
    31  ter 56 of the laws of 2009, is amended to read as follows:
    32    §  12.  This  act  shall  take  effect  immediately,  except  that the

    33  provisions of sections one through ten of this act shall remain in  full
    34  force  and  effect  until  September  1, [2011] 2013 on which date those
    35  provisions shall be deemed to be repealed.
    36    § 13.  Subdivision (p) of section 406 of chapter 166 of  the  laws  of
    37  1991,  amending the tax law and other laws relating to taxes, as amended
    38  by section 13 of part U of chapter 56 of the laws of 2009, is amended to
    39  read as follows:
    40    (p) The amendments to section 1809 of the vehicle and traffic law made
    41  by sections three hundred thirty-seven and three hundred thirty-eight of
    42  this act shall not apply to any offense committed prior to  such  effec-
    43  tive  date;  provided,  further, that section three hundred forty-one of
    44  this act shall take effect immediately and shall expire November 1, 1993
    45  at which time it  shall  be  deemed  repealed;  sections  three  hundred

    46  forty-five  and  three  hundred  forty-six of this act shall take effect
    47  July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
    48  six,  three hundred fifty-seven and three hundred fifty-nine of this act
    49  shall take effect immediately and shall expire June 30, 1995  and  shall
    50  revert to and be read as if this act had not been enacted; section three
    51  hundred  fifty-eight of this act shall take effect immediately and shall
    52  expire June 30, 1998 and shall revert to and be read as if this act  had
    53  not been enacted; section three hundred sixty-four through three hundred
    54  sixty-seven  of  this  act  shall apply to claims filed on or after such
    55  effective date; sections three hundred sixty-nine, three hundred  seven-
    56  ty-two,  three  hundred seventy-three, three hundred seventy-four, three

        S. 2807--C                          7                         A. 4007--C
 
     1  hundred seventy-five and three hundred seventy-six  of  this  act  shall
     2  remain  in  effect  until  September  1, [2011] 2013, at which time they
     3  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
     4  surcharge  provided  in  section  three hundred seventy-four of this act
     5  shall apply to parking violations occurring on or after  said  effective
     6  date;  and  provided  further that the amendments made to section 235 of
     7  the vehicle and traffic law by section three hundred seventy-two of this
     8  act, the amendments made to section 1809 of the vehicle and traffic  law
     9  by sections three hundred thirty-seven and three hundred thirty-eight of
    10  this  act  and  the amendments made to section 215-a of the labor law by

    11  section three hundred seventy-five of this act shall expire on September
    12  1, [2011] 2013 and upon such date the provisions  of  such  subdivisions
    13  and  sections  shall  revert to and be read as if the provisions of this
    14  act had not been enacted; the amendments to  subdivisions  2  and  3  of
    15  section  400.05 of the penal law made by sections three hundred seventy-
    16  seven and three hundred seventy-eight of this act shall expire  on  July
    17  1,  1992  and  upon  such date the provisions of such subdivisions shall
    18  revert and shall be read as if the provisions of this act had  not  been
    19  enacted;  the  state board of law examiners shall take such action as is
    20  necessary to assure that all applicants for examination for admission to
    21  practice as an attorney and counsellor at law shall  pay  the  increased
    22  examination fee provided for by the amendment made to section 465 of the

    23  judiciary  law by section three hundred eighty of this act for any exam-
    24  ination given on or after the effective date of this act notwithstanding
    25  that an applicant for such examination may have prepaid a lesser fee for
    26  such examination as required by the provisions of such section 465 as of
    27  the date prior to the effective date of  this  act;  the  provisions  of
    28  section  306-a  of  the civil practice law and rules as added by section
    29  three hundred eighty-one of this act shall apply to all actions  pending
    30  on  or  commenced on or after September 1, 1991, provided, however, that
    31  for the purposes of this section service of such summons made  prior  to
    32  such  date  shall be deemed to have been completed on September 1, 1991;
    33  the provisions of section three hundred eighty-three of this  act  shall
    34  apply  to  all  money  deposited  in  connection  with  a cash bail or a

    35  partially secured bail bond on or after such  effective  date;  and  the
    36  provisions  of  sections  three  hundred  eighty-four  and three hundred
    37  eighty-five of this act shall  apply  only  to  jury  service  commenced
    38  during  a judicial term beginning on or after the effective date of this
    39  act; provided, however, that nothing contained herein shall be deemed to
    40  affect the application,  qualification,  expiration  or  repeal  of  any
    41  provision  of law amended by any section of this act and such provisions
    42  shall be applied or qualified or shall expire or be deemed  repealed  in
    43  the same manner, to the same extent and on the same date as the case may
    44  be as otherwise provided by law;
    45    § 14. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    46  amended  by  section  14 of part U of chapter 56 of the laws of 2009, is
    47  amended to read as follows:

    48    8. The provisions of this section shall only apply to offenses commit-
    49  ted on or before September first, two thousand [eleven] thirteen.
    50    § 15. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    51  cle and traffic law relating to the ignition interlock  device  program,
    52  as amended by section 15 of part U of chapter 56 of the laws of 2009, is
    53  amended to read as follows:
    54    §  6.  This  act  shall  take  effect  on  the first day of April next
    55  succeeding the date on which it  shall  have  become  a  law;  provided,
    56  however,  that  effective immediately, the addition, amendment or repeal
        S. 2807--C                          8                         A. 4007--C
 
     1  of any rule or regulation necessary for the implementation of the  fore-
     2  going  sections  of  this  act on their effective date is authorized and

     3  directed to be made and completed on or before such effective  date  and
     4  shall  remain in full force and effect until the first day of September,
     5  [2011] 2013 when upon such date the provisions  of  this  act  shall  be
     6  deemed repealed.
     7    § 16. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
     8  laws of 1997, amending the military law and other laws relating to vari-
     9  ous  provisions, as amended by section 16 of part U of chapter 56 of the
    10  laws of 2009, is amended to read as follows:
    11    a. sections forty-three through forty-five of this  act  shall  expire
    12  and be deemed repealed on September 1, [2011] 2013;
    13    § 17. Section 4 of part D of chapter 412 of the laws of 1999, amending
    14  the civil practice law and rules and the court of claims act relating to

    15  prisoner  litigation reform, as amended by section 17 of part U of chap-
    16  ter 56 of the laws of 2009, is amended to read as follows:
    17    § 4. This act shall take effect 120 days after it shall have become  a
    18  law  and shall remain in full force and effect until September 1, [2011]
    19  2013, when upon such date it shall expire.
    20    § 18. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
    21  constituting  the  family  protection and domestic violence intervention
    22  act of 1994, as amended by section 18 of part U of  chapter  56  of  the
    23  laws of 2009, is amended to read as follows:
    24    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
    25  added by section thirty-two of this act shall  take  effect  January  1,
    26  1996  and  shall  expire  and  be deemed repealed on September 1, [2011]
    27  2013.

    28    § 19. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    29  inal procedure law relating to the use of closed-circuit television  and
    30  other  protective  measures  for  certain child witnesses, as amended by
    31  section 19 of part U of chapter 56 of the laws of 2009,  is  amended  to
    32  read as follows:
    33    §  5.  This  act  shall take effect immediately and shall apply to all
    34  criminal actions and proceedings commenced prior to the  effective  date
    35  of  this  act  but  still  pending  on such date as well as all criminal
    36  actions and proceedings commenced on or after such  effective  date  and
    37  its provisions shall expire on  September 1, [2011] 2013, when upon such
    38  date the provisions of this act shall be deemed repealed.
    39    §  20.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,

    40  enacting the sentencing reform act of 1995, as amended by section 21  of
    41  part U of chapter 56 of the laws of 2009, is amended to read as follows:
    42    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
    43  thirty through thirty-nine, forty-two and forty-four of this  act  shall
    44  be deemed repealed on September 1, [2011] 2013;
    45    § 21. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
    46  nal  procedure  law  relating  to electronic court appearance in certain
    47  counties, as amended by section 23 of part U of chapter 56 of  the  laws
    48  of 2009, is amended to read as follows:
    49    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    50  provisions of this act shall be deemed to have been in  full  force  and
    51  effect  since  July  1, 1992 and the provisions of this act shall expire

    52  September 1, [2011] 2013 when upon such date the provisions of this  act
    53  shall be deemed repealed.
    54    § 22. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    55  utive law relating to enacting the interstate compact for adult offender
        S. 2807--C                          9                         A. 4007--C
 
     1  supervision,  as  amended  by  section 20 of part U of chapter 56 of the
     2  laws of 2009, is amended to read as follows:
     3    §  3.  This act shall take effect immediately, except that section one
     4  of this act shall take effect on the first of  January  next  succeeding
     5  the date on which it shall have become a law, and shall remain in effect
     6  until  the  first  of  September,  [2011] 2013, upon which date this act

     7  shall be deemed repealed and have no further force and effect;  provided
     8  that  section one of this act shall only take effect with respect to any
     9  compacting state  which  has  enacted  an  interstate  compact  entitled
    10  "Interstate  compact for adult offender supervision" and having an iden-
    11  tical effect to that added by section  one  of  this  act  and  provided
    12  further  that with respect to any such compacting state, upon the effec-
    13  tive date of section one of this act, section 259-m of the executive law
    14  is hereby deemed REPEALED and section 259-mm of the  executive  law,  as
    15  added  by  section  one  of  this  act,  shall take effect; and provided
    16  further that with respect to any state which has not enacted  an  inter-
    17  state  compact  entitled  "Interstate  compact for adult offender super-
    18  vision" and having an identical effect to that added by section  one  of

    19  this  act,  section 259-m of the executive law shall take effect and the
    20  provisions of section one of this act, with respect to any  such  state,
    21  shall  have no force or effect until such time as such state shall adopt
    22  an interstate compact entitled "Interstate compact  for  adult  offender
    23  supervision" and having an identical effect to that added by section one
    24  of  this  act in which case, with respect to such state, effective imme-
    25  diately, section 259-m of the  executive  law  is  deemed  repealed  and
    26  section  259-mm  of  the  executive law, as added by section one of this
    27  act, shall take effect.
    28    § 23. Section 8 of part H of chapter 56 of the laws of 2009,  amending
    29  the  correction  law relating to limiting the closing of certain correc-
    30  tional facilities, providing  for  the  custody  by  the  department  of

    31  correctional  services  of inmates serving definite sentences, providing
    32  for custody of federal prisoners and requiring the  closing  of  certain
    33  correctional facilities, is amended to read as follows:
    34    §  8.  This  act shall take effect immediately; provided, however that
    35  sections five and six of this act shall expire and  be  deemed  repealed
    36  September 1, [2011] 2013.
    37    §  24.    Section  5  of chapter 268 of the laws of 1996, amending the
    38  education law and the state finance law relating to providing a recruit-
    39  ment incentive and retention program for certain active members  of  the
    40  New  York army national guard, New York air national guard, and New York
    41  naval militia, as amended by section 1 of part B of chapter  56  of  the
    42  laws of 2005, is amended to read as follows:

    43    §  5.  This act shall take effect January 1, 1997 and shall expire and
    44  be deemed repealed [March 31, 2011] September 1, 2016; provided that any
    45  person who has begun to receive the benefits of this act  prior  to  its
    46  expiration and repeal shall be entitled to continue to receive the bene-
    47  fits  of  this act after its expiration and repeal until completion of a
    48  baccalaureate degree or cessation of status as an active member,  which-
    49  ever occurs first.
    50    §  25. Section 3 of part C of chapter 152 of the laws of 2001 amending
    51  the military law relating to military funds of the organized militia, as
    52  amended by section 1 of part RR of chapter 56 of the laws  of  2009,  is
    53  amended to read as follows:
    54    §  3.  This act shall take effect on the same date as the reversion of
    55  subdivision 5 of section 183 and subdivision 1 of  section  221  of  the

    56  military  law  as  provided  by section 76 of chapter 435 of the laws of
        S. 2807--C                         10                         A. 4007--C
 
     1  1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
     2  standing this act shall be deemed to have been in full force and  effect
     3  on  and  after  July  31, 2005 and shall remain in full force and effect
     4  until  [July  31,  2011]  September 1, 2013 when upon such date this act
     5  shall expire.
     6    § 26. This act shall take effect immediately.
 
     7                                   PART B
 
     8    Section 1. Sections 1 and 2 of part H of chapter 503 of  the  laws  of
     9  2009  relating to the disposition of monies recovered by county district
    10  attorneys before the filing of an accusatory instrument, as  amended  by

    11  section  1  of part KK of chapter 56 of the laws of 2010, are amended to
    12  read as follows:
    13    Section 1. When a county district attorney of a county  located  in  a
    14  city  of  one  million  or  more recovers monies before the filing of an
    15  accusatory instrument as defined in subdivision 1 of section 1.20 of the
    16  criminal procedure law, after injured parties  have  been  appropriately
    17  compensated, the district attorney's office shall retain a percentage of
    18  the remaining such monies in recognition that such monies were recovered
    19  as  a result of investigations undertaken by such office. [The] For each
    20  recovery the total amount of such monies to be retained  by  the  county
    21  district  attorney's office shall equal ten percent of the first twenty-
    22  five million dollars received by such office [during  the  state  fiscal

    23  year],  plus  seven and one-half percent of such monies received by such
    24  office in excess of twenty-five million  dollars  but  less  than  fifty
    25  million  dollars,  plus five percent of any such monies received by such
    26  office in excess of fifty million dollars  but  less  than  one  hundred
    27  million dollars, plus one percent of such monies received by such office
    28  in  excess of one hundred million dollars.  The remainder of such monies
    29  shall be paid by the district attorney's office to the state and to  the
    30  county in equal amounts within thirty days of receipt, where disposition
    31  of  such  monies is not otherwise prescribed by law.  Monies distributed
    32  to a county district attorney's office pursuant to this section shall be
    33  used to enhance law enforcement efforts [and shall  not  supplant  funds

    34  for  ordinary  budgetary  costs  including  salaries  of  personnel  and
    35  expenses of district attorneys].
    36    § 2. This act shall take effect immediately and shall remain  in  full
    37  force  and effect until [the last day of] March 31, [2011] 2012, when it
    38  shall expire and be deemed repealed.
    39    § 2. This act shall take effect immediately and  shall  be  deemed  to
    40  have  been  in  full  force  and  effect  on  and  after March 31, 2011;
    41  provided, however, that the amendments to section 1 of part H of chapter
    42  503 of the laws of 2009 made by section one of this act shall not affect
    43  the repeal of such section and shall be deemed repealed therewith.
 
    44                                   PART C
 
    45    Section 1. Notwithstanding the provisions of sections 79-a and 79-b of

    46  the correction law, the governor is  authorized  to  close  correctional
    47  facilities  of  the department of corrections and community supervision,
    48  in state fiscal year 2011-2012, as he determines to be necessary for the
    49  cost-effective and  efficient  operation  of  the  correctional  system,
    50  provided that the governor provides at least 60 days notice prior to any
    51  such  closures  to the temporary president of the senate and the speaker
    52  of the assembly.
        S. 2807--C                         11                         A. 4007--C
 
     1    § 2. This act shall take effect April 1, 2011 and shall expire and  be
     2  deemed repealed March 31, 2012.
 
     3                                   PART D
 
     4    Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
     5  law, as added by section 3 of part B of chapter 56 of the laws of  2009,

     6  is amended to read as follows:
     7    (b)  The  sum  of  one  million  five hundred thousand dollars must be
     8  deposited into the New York state emergency services revolving loan fund
     9  annually; provided, however, that such sums shall not be  deposited  for
    10  state  fiscal  years  two  thousand  eleven--two thousand twelve and two
    11  thousand twelve--two thousand thirteen;
    12    § 2. Paragraphs (d) and (e) of subdivision 6 of section 186-f  of  the
    13  tax  law, paragraph (d) as amended and paragraph (e) as added by section
    14  39 of part B of chapter 56 of the laws of 2010, are amended to  read  as
    15  follows:
    16    (d)  The  sum  of  nine  million dollars annually for the provision of
    17  grants or reimbursements to counties for costs related to the  operation

    18  and  improvement  of  public  safety answering points. Annual grants may
    19  consider prospective or  retrospective  costs  incurred  to  consolidate
    20  public  safety answering points, to implement new technologies in public
    21  safety answering points  that  facilitate  interoperability  and  create
    22  operating efficiencies, to promote the development and implementation of
    23  cross-jurisdictional  standard operating procedures that foster regional
    24  consolidation.
    25    (e) To provide the costs of debt service for bonds and notes issued to
    26  finance expedited deployment  funding  pursuant  to  the  provisions  of
    27  section three hundred thirty-three of the county law and section sixteen
    28  hundred eighty-nine-h of the public authorities law; and

    29    [(e)  services]  (f) Services and expenses that support the operations
    30  and mission of the division of homeland security and emergency  services
    31  as appropriated by the legislature.
    32    § 3. Section 403 of the state technology law is REPEALED.
    33    §  4.  This  act  shall take effect immediately; provided however that
    34  section two of this act shall take  effect  April  1,  2012,  and  shall
    35  expire and be deemed repealed March 31, 2014.
 
    36                                   PART E
 
    37    Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu-
    38  tive law, as separately amended by section 11 of part A-1 and section 10
    39  of  part  O  of  chapter  56  of the laws of 2010, is amended to read as
    40  follows:
    41    (f) executive director of adirondack park  agency,  [commissioners  of

    42  the  state  liquor  authority,] commissioners of the state civil service
    43  commission, members of state commission of correction, members of  unem-
    44  ployment  insurance  appeal  board,  and members of the workers' compen-
    45  sation board.
    46    § 2.  Section 11 of the alcoholic beverage control law, as amended  by
    47  chapter 83 of the laws of 1995, is amended to read as follows:
    48    § 11. Appointment of authority.  The members of the authority shall be
    49  appointed  by  the  governor  by  and with the advice and consent of the
    50  senate. Not more than two members of the authority shall belong  to  the
    51  same  political  party.    The  chairman of the state alcoholic beverage
    52  control board heretofore appointed and designated by  the  governor  and
        S. 2807--C                         12                         A. 4007--C
 

     1  the remaining members of such board heretofore appointed by the governor
     2  shall  continue  to serve as chairman and members of the authority until
     3  the expiration of the respective terms for which  they  were  appointed.
     4  Upon  the  expiration  of  such  respective terms the successors of such
     5  chairman and members shall be appointed to serve for  a  term  of  three
     6  years each and until their successors have been appointed and qualified.
     7  The  commissioners,  other  than the chairman shall, when performing the
     8  work of the authority, be compensated at a rate  of  two  hundred  sixty
     9  dollars  per  day,  together  with an allowance for actual and necessary
    10  expenses incurred in the discharge of their duties. The  chairman  shall
    11  receive  an  annual salary established in section one hundred sixty-nine

    12  of the executive law.
    13    § 3. This act shall take effect immediately.
 
    14                                   PART F
 
    15    Intentionally omitted.
 
    16                                   PART G
 
    17    Section 1. The opening paragraph of subparagraph 4 of paragraph (h) of
    18  subdivision 8 of section 15 of the workers' compensation law, as amended
    19  by section 1 of part QQ of chapter 56 of the laws of 2009, is amended to
    20  read as follows:
    21    As soon as practicable after May first in the  year  nineteen  hundred
    22  fifty-eight,  and annually thereafter as soon as practicable after Janu-
    23  ary first in each succeeding year, the chair of the board  shall  assess
    24  upon  and  collect from all self-insurers[, except group self-insurers],
    25  the state insurance fund, and all insurance carriers [and group self-in-

    26  surers,] (A) a sum equal to one hundred fifty per centum  of  the  total
    27  disbursements made from the special disability fund during the preceding
    28  calendar year (not including any disbursements made on account of antic-
    29  ipated  liabilities  or  waiver  agreements  funded by bond proceeds and
    30  related earnings), less the amount of the net assets in such fund as  of
    31  December  thirty-first  of  said  preceding calendar year, and (B) a sum
    32  sufficient to cover  debt  service,  and  associated  costs  (the  "debt
    33  service assessment") to be paid during the calendar year by the dormito-
    34  ry authority, as calculated in accordance with subparagraph five of this
    35  paragraph.  Such  assessments  shall  be  allocated to (i) self-insurers
    36  [except group self-insurers] and the state insurance fund based upon the
    37  proportion that the total compensation payments made by all  self-insur-

    38  ers  [except  group  self-insurers] and the state insurance fund bore to
    39  the total compensation payments made by all self-insurers [except  group
    40  self-insurers],  the  state  insurance  fund, and all insurance carriers
    41  [and group self-insurers], and (ii) insurance carriers  based  upon  the
    42  proportion  that  the  total compensation payments made by all insurance
    43  carriers bore to the total compensation payments  by  all  self-insurers
    44  [except group self-insurers], the state insurance fund and all insurance
    45  carriers  [and  group  self-insurers] during the fiscal year which ended
    46  within said preceding calendar  year[,  and  (iii)  group  self-insurers
    47  based  upon  the proportion that the total compensation payments made by

    48  all group self-insurers bore to the total compensation payments made  by
    49  all  self-insurers,  the state insurance fund and all insurance carriers
    50  during the fiscal year which ended within said preceding calendar year].
    51  Insurance carriers and  self-insurers  shall  be  liable  for  all  such
    52  assessments regardless of the date on which they came into existence, or
        S. 2807--C                         13                         A. 4007--C
 
     1  whether  they  have  made  any  claim for reimbursement from the special
     2  disability fund. The portion of  such  sum  allocated  to  self-insurers
     3  [except  group self-insurers] and the state insurance fund that shall be
     4  collected  from  each self-insurer [except a group self-insurer] and the

     5  state insurance fund shall be a sum  equal  to  the  proportion  of  the
     6  amount  which  the total compensation payments of each such self-insurer
     7  [except a group self-insurer] or the state insurance fund  bore  to  the
     8  total  compensation  payments  made  by  all self-insurers [except group
     9  self-insurers] and the state insurance fund during the fiscal year which
    10  ended within said preceding calendar year. The portion of such sum allo-
    11  cated to insurance carriers that shall be collected from each  insurance
    12  carrier  shall be a sum equal to that proportion of the amount which the
    13  total standard premium by each such insurance carrier bore to the  total
    14  standard  premium reported by all insurance carriers during the calendar
    15  year which ended within said preceding fiscal year. [The portion of such

    16  sum allocated to group self-insurers that shall be collected  from  each
    17  group self-insurer shall be a sum equal to that proportion of the amount
    18  which the pure premium calculation for each such group self-insurer bore
    19  to  the  total  pure premium calculation for all group self-insurers for
    20  the calendar year which ended within the preceding state  fiscal  year.]
    21  The  payments  from  the  debt  service assessment, unless otherwise set
    22  forth in the special disability fund  financing  agreement,  are  hereby
    23  pledged  therefor  and  shall  be  deemed  the  first monies received on
    24  account of assessments in each year. For the purposes of this paragraph,
    25  "standard premium" shall mean the premium as defined for the purposes of
    26  this assessment by the superintendent of insurance, in consultation with

    27  the chair of the board and the workers' compensation rating board.  [For
    28  purposes of this paragraph "pure premium calculation" means the New York
    29  state  annual  payroll as of December thirty-first of the preceding year
    30  by class code for each employer member of a  group  self-insurer  multi-
    31  plied  by  the applicable loss cost for each class code as determined by
    32  the workers' compensation rating board in  effect  on  December  thirty-
    33  first  of the preceding year, and for a group or individual self-insurer
    34  who has ceased to self-insure shall be based on payroll at the time  the
    35  group  or  individual  self-insurer  ceased  to self-insure reduced by a
    36  factor reflecting  the  reduction  in  the  group  or  individual  self-

    37  insurer's  self-insurance  liabilities since ceasing to self-insure.] An
    38  employer who has ceased to be a self-insurer [or a group that ceases  to
    39  be licensed as a group self-insurer] shall continue to be liable for any
    40  assessments  into said fund on account of any compensation payments made
    41  by him or her on his or her account during such  fiscal  year,  and  the
    42  security fund, created under the provisions of section one hundred seven
    43  of  this chapter, shall, in the event of the insolvency of any insurance
    44  company, be liable for any assessments that would have been made against
    45  such company except for its insolvency. No assessment shall  be  payable
    46  from  the  aggregate trust fund, created under the provisions of section
    47  twenty-seven of this article, but such fund shall continue to be  liable

    48  for  all  compensation that shall be payable under any award or order of
    49  the board, the commuted value of which has been  paid  into  such  fund.
    50  Such assessments when collected shall be deposited with the commissioner
    51  of  taxation  and finance for the benefit of such fund. Unless otherwise
    52  provided, such assessments, shall not constitute an element of loss  for
    53  the  purpose  of establishing rates for compensation insurance but shall
    54  for the purpose of collection be treated as separate costs by  carriers.
    55  All  insurance carriers and the state insurance fund, shall collect such
    56  assessments, from their  policyholders  through  a  surcharge  based  on
        S. 2807--C                         14                         A. 4007--C
 
     1  premiums  in  accordance  with  rules set forth by the superintendent of

     2  insurance in consultation with the New York workers' compensation rating
     3  board and the chair of the board. Such surcharge shall be considered  as
     4  part of premium for purposes prescribed by law including, but not limit-
     5  ed  to, computing premium tax, reporting to the superintendent of insur-
     6  ance pursuant to section ninety-nine of this chapter and  section  three
     7  hundred  seven  of  the  insurance  law,  determining  the limitation of
     8  expenditures for the administration of the state insurance fund pursuant
     9  to section eighty-eight of this  chapter  and  the  cancellation  by  an
    10  insurance  carrier,  including the state insurance fund, of a policy for
    11  non-payment of premium. The provisions of this paragraph shall not apply
    12  with respect to policies containing coverage pursuant to subsection  (j)
    13  of  section  three  thousand  four  hundred  twenty of the insurance law

    14  relating to every  policy  providing  comprehensive  personal  liability
    15  insurance  on  a one, two, three or four family owner-occupied dwelling.
    16  The state insurance fund shall[,] notify its insureds that such  assess-
    17  ments,  shall  be,  for  the  purpose of recoupment, treated as separate
    18  costs, [respectively] for the purpose of premiums  billed  on  or  after
    19  October  first,  nineteen hundred ninety-four.  For the purposes of this
    20  section, a "self-insurer" shall be:  (i) an employer authorized to self-
    21  insure under subdivision three of section fifty of this chapter,  active
    22  groups  authorized  pursuant  to subdivision three-a of section fifty of
    23  this chapter or a group of employers  authorized  to  self-insure  under

    24  paragraph  ten  of subdivision three-a of section fifty of this chapter;
    25  or (ii) a public employer authorized as set  forth  in  paragraph  a  of
    26  subdivision  four  of section fifty of this chapter to self-insure under
    27  subdivision three, three-a or four of such section or  article  five  of
    28  this chapter, whether individually or as a group.
    29    §  2. The workers' compensation law is amended by adding a new section
    30  15-a to read as follows:
    31    § 15-a. Assessment on insolvent group self-insured trusts. The  legis-
    32  lature  finds that in lieu of the assessments under sections fifteen and
    33  one hundred fifty-one of this chapter that shall no longer be imposed on
    34  closed group self-insured trusts as a result of the chapter of the  laws

    35  of  two  thousand  eleven which added this section, the members of group
    36  self-insured trusts that were insolvent upon closing, and that  fail  to
    37  pay  their  obligations  within  the  periods specified by this section,
    38  shall be subject to a one time  assessment  pursuant  to  this  section.
    39  Within thirty days of January first, two thousand sixteen, all employers
    40  who were members of a closed group self-insured trust that was insolvent
    41  at the time the group was closed shall be subject to an assessment under
    42  this  section,  except for those employers that: (1) have entered into a
    43  settlement agreement or payment plan with the  board  under  which  they
    44  have  agreed  to  resolve  all  liabilities  from the membership in such

    45  trust, and remain current in their payments; (2) are members of a  group
    46  self-insurer that has transferred all of its liabilities transferred via
    47  a  loss  portfolio  transfer; or (3) have paid all moneys billed them by
    48  the board at the time such assessment  is  due.  For  purposes  of  this
    49  section,  insolvent  means the inability of a private group self-insured
    50  trust to pay its outstanding lawful obligations under  this  chapter  as
    51  they  mature  in the regular course of business, as may be shown by: (i)
    52  the self-insurer being underfunded as defined in subdivision three-a  of
    53  section  fifty  of  this chapter; and (ii) the sum of the group self-in-
    54  sured trust's assets, as defined by regulation of the  chair,  plus  the

    55  available  security  deposit  held  by the chair pursuant to subdivision
    56  three-a of section fifty of this chapter and regulation  of  the  chair,
        S. 2807--C                         15                         A. 4007--C
 
     1  being  less than the total cost of all of the group self-insured trust's
     2  anticipated workers' compensation liabilities, as defined by board regu-
     3  lations, that will accrue within the succeeding six months. The total of
     4  such  assessment shall be determined by the percentage of the assessment
     5  levied on all employers under subdivision eight of  section  fifteen  of
     6  this  article  in two thousand ten that was levied on group self-insured
     7  trusts multiplied by the total amount of the employer's unpaid pro  rata

     8  share  of  any deficit owed by the closed group self-insured employer of
     9  which such employer was a member, as determined by the chair. The amount
    10  received on such assessment shall be  used  as  an  offset  against  the
    11  assessments  imposed  on  other  employers  under  subdivision  eight of
    12  section fifteen of this article and section  one  hundred  fifty-one  of
    13  this  chapter  in  the  calendar year following the year in which it was
    14  received.
    15    § 3. Subdivision 3 of section 50 of the workers' compensation law,  as
    16  amended  by chapter 6 of the laws of 2007, the second undesignated para-
    17  graph as amended by section 3 of part R of chapter 56  of  the  laws  of
    18  2010, is amended to read as follows:
    19    3.  By  furnishing  satisfactory  proof  to the chair of his financial

    20  ability to pay such compensation for himself, or  to  pay  such  compen-
    21  sation  on behalf of a group of employers in accordance with subdivision
    22  ten of this section, in which case the chair shall require  the  deposit
    23  with the chair of such securities as the chair may deem necessary of the
    24  kind  prescribed  in  subdivisions  one,  two, three, four and five, and
    25  subparagraph (a) of paragraph three of subdivision seven of section  two
    26  hundred  thirty-five  of the banking law, or the deposit of cash, or the
    27  filing of irrevocable letters of credit issued by  a  qualified  banking
    28  institution  as  defined by rules promulgated by the chair or the filing
    29  of a bond of a surety company authorized to transact  business  in  this
    30  state,  in  an  amount to be determined by the chair, or the posting and

    31  filing as aforesaid of a combination of such  securities,  cash,  irrev-
    32  ocable  letters  of credit and surety bond in an amount to be determined
    33  by the chair, to secure his liability to pay the  compensation  provided
    34  in this chapter. Any such surety bond must be approved as to form by the
    35  chair.  If  an employer or group of employers posts and files a combina-
    36  tion of securities, cash, irrevocable letters of credit and surety  bond
    37  as  aforesaid,  and  if  it becomes necessary to use the same to pay the
    38  compensation provided in this chapter, the chair shall  first  use  such
    39  securities  or  cash or irrevocable letters of credit and, when the full
    40  amount thereof has been exhausted, he shall then require the  surety  to
    41  pay  forthwith to the chair all or any part of the penal sum of the bond
    42  for that purpose. The chair may also require an agreement on the part of

    43  the employer or group of employers to  pay  any  awards  commuted  under
    44  section twenty-seven of this chapter, into the special fund of the state
    45  fund,  as  a condition of his being allowed to remain uninsured pursuant
    46  to this section. The chair shall have the authority to deny the applica-
    47  tion of an employer or group of employers to pay such  compensation  for
    48  himself  or  to  revoke his consent furnished, under this section at any
    49  time, for good cause shown. The employer or group of employers  qualify-
    50  ing under this subdivision shall be known as a self-insurer.
    51    If  for  any  reason  the  status of an employer or group of employers
    52  under this subdivision is terminated, the securities or the surety bond,
    53  or the securities, cash, or irrevocable letters  of  credit  and  surety

    54  bond,  on  deposit referred to herein shall remain in the custody of the
    55  chair for such time as the chair may deem proper and warranted under the
    56  circumstances. In lieu thereof, and at the discretion of the chair,  the
        S. 2807--C                         16                         A. 4007--C
 
     1  employer, his or her heirs or assigns or others carrying on or liquidat-
     2  ing  such  business,  may execute an assumption of workers' compensation
     3  liability insurance policy securing such further and  future  contingent
     4  liability as may arise from prior injuries to workers and be incurred by
     5  reason  of  any change in condition of such workers warranting the board
     6  making subsequent awards for payment of  additional  compensation.  Such
     7  policy  shall  be  in a form approved by the superintendent of insurance

     8  and issued by the state fund or any insurance company licensed to  issue
     9  this  class of insurance in this state. In the event that such policy is
    10  issued by an insurance company other than  the  state  fund,  then  said
    11  policy  shall  be  deemed  of the kind specified in paragraph fifteen of
    12  subsection (a) of section one  thousand  one  hundred  thirteen  of  the
    13  insurance  law and covered by the workers' compensation security fund as
    14  created and governed by article six-A of this chapter. It shall only  be
    15  issued  for a single complete premium payment in advance by the employer
    16  or group of employers and in an amount deemed acceptable  by  the  chair
    17  and  the  superintendent of insurance. In lieu of the applicable premium
    18  charge ordinarily required to be imposed  by  a  carrier,  said  premium
    19  shall include a surcharge in an amount to be determined by the chair to:

    20  (i)  satisfy  all assessment liability due and owing to the board and/or
    21  the chair under this chapter; and (ii)  satisfy  all  future  assessment
    22  liability under this section, and which surcharge shall be adjusted from
    23  time  to time to reflect any changes to the assessment of group self-in-
    24  sured employers, including any changes enacted by  the  chapter  of  the
    25  laws  of  two  thousand eleven amending sections fifteen and one hundred
    26  fifty-one of this chapter.  Said surcharge shall be payable to the board
    27  simultaneous to the execution of the assumption of workers' compensation
    28  liability insurance policy. However, the payment of said surcharge  does
    29  not  relieve  the  carrier from any other liability, including liability
    30  owed to the superintendent of  insurance  pursuant  to  article  [six-a]

    31  six-A of this chapter.  When issued such policy shall be non-cancellable
    32  without  recourse  for any cause during the continuance of the liability
    33  secured and so covered.
    34    [The board will report to the  governor  and  the  legislature  on  or
    35  before  December  first,  two thousand seven, as to the advisability and
    36  feasibility of (1) implementing a statewide self-insured  employer  bond
    37  program, and (2) an improved individual employer bond program.]
    38    §  4.  Paragraph  9  of  subdivision 3-a of section 50 of the workers'
    39  compensation law is REPEALED and paragraph 2  and  subparagraph  (a)  of
    40  paragraph  7, paragraph 2 as amended by chapter 139 of the laws of 2008,
    41  and subparagraph (a) of paragraph 7 as amended by section 4 of part R of
    42  chapter 56 of the laws of 2010, are amended and three new paragraphs 10,

    43  11 and 12 are added to read as follows:
    44    (2) (a) Any group consisting exclusively of such employers may adopt a
    45  plan for self-insurance, as a group, for  the  payment  of  compensation
    46  under  this  chapter  to  their employees, except that no new groups may
    47  adopt such a plan [prior to April first,  two  thousand  nine],  and  no
    48  group not composed solely of public entities set forth in paragraph a of
    49  subdivision  four  of  this  section  may insure any liabilities for any
    50  employers on and after January first, two  thousand  twelve,  except  as
    51  provided  for  in paragraph ten of this subdivision. Under such plan the
    52  group shall assume the liability of all the employers within  the  group
    53  and  pay  all compensation for which the said employers are liable under

    54  this chapter, except that in the case of municipal corporations as here-
    55  in defined no proof of financial ability or  deposit  of  securities  or
    56  cash need be made in compliance with this subdivision.  The group quali-
        S. 2807--C                         17                         A. 4007--C
 
     1  fying  under this subdivision shall be known as a group self-insurer and
     2  the employers participating therein and covered thereby shall  be  known
     3  as members.
     4    (b)  Where  such  plan is adopted the group self-insurer shall furnish
     5  satisfactory proof to the chair of its financial  ability  to  pay  such
     6  compensation  for  the members in the industry covered by it, its reven-
     7  ues, their source and assurance of continuance. The chair shall  require
     8  the deposit with the chair of such securities as may be deemed necessary

     9  of  the  kind prescribed in subdivisions one, two, three, four and five,
    10  and subparagraph (a) of paragraph three of subdivision seven of  section
    11  two hundred thirty-five of the banking law or the deposit of cash or the
    12  filing  of  irrevocable  letters of credit issued by a qualified banking
    13  institution as defined by rules promulgated by the chair or  the  filing
    14  of  a  bond  of a surety company authorized to transact business in this
    15  state, in an amount to be determined to secure its liability to pay  the
    16  compensation  of each employer as above provided.  Such surety bond must
    17  be approved as to form by the chair. The chair shall require each  group
    18  self-insurer  to  provide  regular  reports no less than annually, which
    19  shall include but not be limited to audited financial statements,  actu-
    20  arial opinions and payroll information containing proof that it is fully

    21  funded.  Such  reports  shall  also include a contribution year analysis
    22  detailing contributions  and  expenses  associated  with  each  specific
    23  contribution  year.  For  purposes of this paragraph, proof that a group
    24  self-insurer is fully funded shall at a minimum include proof  of  unre-
    25  stricted cash and investments permitted by regulation of the chair of at
    26  least  one hundred percent of the total liabilities, including the esti-
    27  mate presented in the actuarial opinion submitted by the group  self-in-
    28  surer  in accordance with this chapter. The chair by regulation, may set
    29  further financial standards for group self-insurers. Any group  self-in-
    30  surer  that fails to show that it is fully funded shall be deemed under-
    31  funded, and must submit a plan for achieving fully funded  status  which
    32  may  include  a deficit assessment on members of such group self-insurer

    33  which shall be subject to approval or modification by  the  chair.  [The
    34  chair  may impose such limitations on admission of new members or offer-
    35  ing of discounts on underfunded group self-insurers to insure that  such
    36  group self-insurers shall become fully funded. Should the group self-in-
    37  surer  fail  to  meet the terms of its plan, the chair may condition its
    38  continued authorization to act as a group self-insurer on  the  appoint-
    39  ment  of  an  outside  monitor selected by the chair, at the group self-
    40  insurer's expense. Effective January first, two thousand  fourteen,  any
    41  group  self-insurer  that fails to show it is fully funded in accordance
    42  with this paragraph and the regulations issued  pursuant  thereto  shall

    43  have  one  year  to cure the deficiency. If such deficiency is not cured
    44  within one year, the group self-insurer shall be  given  six  months  to
    45  terminate its coverage.]
    46    (c)  The  chair shall evaluate, no less than once every three years, a
    47  group  self-insurer's  compliance  with  the  financial  and  regulatory
    48  requirements  for  self-insurance.  The  chair  may engage any qualified
    49  person or organization to assist with  such  evaluation  and  any  costs
    50  incurred  by  the  chair  shall be borne by the group self-insurer under
    51  examination. Failure to submit to such independent review or to pay such
    52  costs, upon demand of the chair, shall be sufficient grounds  to  termi-
    53  nate coverage of the group self-insurer.
    54    (d)  The chair may require reports to be prepared by an auditor, actu-

    55  ary or other consultant, selected  by  the  board  or,  at  the  chair's
    56  discretion, by the group self-insurer from a list which shall be pre-ap-
        S. 2807--C                         18                         A. 4007--C
 
     1  proved  by  the  chair to determine whether the group self-insurer meets
     2  the financial criteria for self-insurance.  All  actuaries  so  selected
     3  shall be fellows or associates of the casualty actuarial society.
     4    (e)  The chair may also require that any and all agreements, contracts
     5  and other pertinent  documents  relating  to  the  organization  of  the
     6  members in the group self-insurer shall be filed [at the time the appli-
     7  cation  for  group  self-insurance  is  made or anytime thereafter. Such
     8  application shall be on a form prescribed by the chair.  The  chair  may

     9  also  require an agreement on the part of said group self-insurer to pay
    10  any awards commuted under section twenty-seven of this chapter into  the
    11  aggregate trust fund as a condition of its being allowed to operate as a
    12  group self-insurer pursuant to this subdivision] with the chair.
    13    (f) The chair shall have the authority to [deny the application of the
    14  group  self-insurer  to  pay  such  compensation  or  to] revoke consent
    15  furnished under this section at any time for good cause shown.
    16    (g) [At least twenty days prior] Prior to the requested effective date
    17  of the participating agreement, a group self-insurer  shall  notify  the
    18  chair  on  a prescribed form of a new group self-insurer member and file
    19  (1) a member application  and  (2)  a  copy  of  the  properly  executed

    20  prescribed participation agreement wherein the member acknowledges their
    21  joint  and  several obligation for their period of membership. The board
    22  shall, on a form  promulgated  by  the  chair,  provide  notice  of  the
    23  member's  rights  and  responsibilities  as a group self-insurer member,
    24  including the member's assumption of joint and  several  liability,  and
    25  require  the  member to return a signed copy to the chair as a condition
    26  of membership. [Such membership shall not  become  effective  until  the
    27  signed copy has been received by the board.]
    28    (h)  Any  member  terminating membership in a group self-insurer after
    29  less than four years in such group self-insurer, and  any  member  in  a
    30  group self-insurer that has defaulted, shall be precluded from obtaining
    31  prospective  coverage  from  any  group  self-insurer for a period of at

    32  least three years from the effective date of termination.
    33    (a) If for any reason, the status of a group self-insurer  under  this
    34  subdivision  is  terminated,  including by operation of law on and after
    35  January first, two thousand twelve, the securities or cash or the surety
    36  bond on deposit referred to herein shall remain in the  custody  of  the
    37  chair  for such time as the chair may deem proper and warranted. In lieu
    38  thereof, and at the discretion of the chair, the group self-insurer, its
    39  heirs or assigns or others carrying on or liquidating such  group  self-
    40  insurer,  including  the  chair  on the group self-insurer's behalf, may
    41  execute an assumption of workers' compensation liability insurance poli-
    42  cy securing such further and future contingent liability  as  may  arise
    43  from  prior  injuries to workers and be incurred by reason of any change

    44  in the condition of such workers warranting the board making  subsequent
    45  awards for payment of additional compensation. Such policy shall be in a
    46  form approved by the superintendent of insurance and issued by the state
    47  fund  or any insurance company licensed to issue this class of insurance
    48  in this state.  In the event that such policy is issued by an  insurance
    49  company  other  than the state fund, then said policy shall be deemed of
    50  the kind specified in paragraph fifteen of subsection (a) of section one
    51  thousand one hundred thirteen of the insurance law and  covered  by  the
    52  workers'  compensation  security fund as created and governed by article
    53  six-A of this chapter.  It shall only be issued for  a  single  complete
    54  premium  payment  in  advance by the group self-insurer and in an amount
    55  deemed acceptable by the chair and the superintendent of  insurance.  In

    56  lieu  of the applicable premium charge ordinarily required to be imposed
        S. 2807--C                         19                         A. 4007--C
 
     1  by a carrier, said premium shall include a surcharge in an amount to  be
     2  determined by the chair to: (i) satisfy all assessment liability due and
     3  owing to the board and/or the chair under this chapter; and (ii) satisfy
     4  all  future assessment liability under this section, and which surcharge
     5  shall be adjusted from time to  time  to  reflect  any  changes  to  the
     6  assessment  of  group  self-insured  employers,  including  any  changes
     7  enacted by the chapter of the  laws  of  two  thousand  eleven  amending
     8  sections  fifteen  and  one  hundred  fifty-one  of this chapter.   Said

     9  surcharge shall be payable to the board simultaneous to the execution of
    10  the assumption of  workers'  compensation  liability  insurance  policy.
    11  However, the payment of said surcharge does not relieve the carrier from
    12  any  other  liability, including liability owed to the superintendent of
    13  insurance pursuant to article six-A of this chapter.   When issued  such
    14  policy shall be noncancellable without recourse for any cause during the
    15  continuance of the liability secured and so covered.
    16    (10)  (a)  A  non-municipal group of employers may make application to
    17  the chair to qualify jointly as a self-insurer, provided:
    18    (1) The members of the group secure the services of an  administrator,
    19  who shall carry out the responsibilities of such an administrator as set

    20  forth  in  subdivision five of this section, and who shall be subject to
    21  the restrictions and penalties applicable to an administrator under this
    22  section;
    23    (2) The members of the group, through the administrator,  (a)  jointly
    24  deposit  sufficient  securities  in accordance with subdivision three of
    25  this section as to secure the liability of the members of the  group  to
    26  pay  for all existing claims obligations, provided such deposit shall be
    27  made by November first, two thousand eleven, (b) jointly deposit  suffi-
    28  cient securities in accordance with subdivision three of this section as
    29  to  secure  all  anticipated present and future claims of the members of
    30  the group, by November first, two  thousand  fourteen,  provided  annual

    31  deposits  are  made in accordance with a schedule set by the chair on or
    32  before November first of each year, and provided that the deposit  shall
    33  be deemed an asset of the group for the purpose of determining its fund-
    34  ing status, and (c) by November first, two thousand eleven and thereaft-
    35  er,  shall  maintain  funds sufficient for all other liabilities besides
    36  claims, including reserves for all assessment liabilities,  in  a  trust
    37  governed in accordance with Part 126 of title 11 of the New York code of
    38  rules and regulations, of which the board shall be the sole beneficiary,
    39  and the terms of the trust agreement, and the trustee, shall be approved
    40  by  the chair in his or her sole discretion, and provided that any group

    41  self-insurer that does not hold such funds in a  trust  that  meets  the
    42  terms of this paragraph shall post them with the board;
    43    (3)  The  group  has  been  authorized  by the chair to self-insure in
    44  accordance with this subdivision prior to the  effective  date  of  this
    45  paragraph;
    46    (4)  The  group's  members  or  participant  employers  either (a) are
    47  parties to collective bargaining agreements with the same unions; or (b)
    48  fall within a limited number of payroll classifications, as set  by  the
    49  chair,  after  giving due consideration to the risks associated with any
    50  group of employers self-insuring.  However, employers that  were  active
    51  prior  to  the  effective  date of this section and whose classification

    52  codes do not meet the limitations on payroll classification codes or are
    53  not parties to collective bargaining agreements  with  the  same  unions
    54  will  be  permitted to remain in the trust provided (a) they continue to
    55  meet the other terms and conditions  of  the  trust;  and  (b)  any  new
    56  members  shall  be  subject  to the limitations on the number of payroll
        S. 2807--C                         20                         A. 4007--C
 
     1  classifications; and provided  further,  the  chair  shall  revoke  such
     2  permission  in the event the trust violates paragraph six of this subdi-
     3  vision relating to filing of a rating plan;
     4    (5)  The  group  was  fully  funded for three out of the previous five

     5  years and at least ninety percent funded for one other year out  of  the
     6  previous  five  years,  as determined by the chair following a financial
     7  review, and the group self-insurer has  sufficient  funds  to  meet  its
     8  liabilities;
     9    (6) The group has a safety program acceptable to the chair; and
    10    (7) The group is subject to such other limitations and requirements of
    11  this  subdivision  unless  waived by the chair and to regulations of the
    12  chair.
    13    (b) The members of any such group shall enter into an agreement  among
    14  themselves and with the group's administrator which shall, at a minimum:
    15    (1)  Indicate  that  each  of  the members of the group is jointly and
    16  severally liable for any liabilities of the group; and

    17    (2) Provide for the collection of additional funds from group  members
    18  in  the  event  the  deposit  with the board is insufficient to meet the
    19  liabilities of the group.
    20    (11) Former group self-insurer. Any group self-insurer that has ceased
    21  to self-insure, or has ceased to self-insure any new  liabilities  after
    22  January  first,  two thousand twelve in accordance with paragraph two of
    23  this subdivision, shall remain subject to all  the  provisions  of  this
    24  subdivision  and the regulations issued pursuant thereto and any assess-
    25  ments provided for by this section until such time as the group self-in-
    26  surer no longer possesses any liabilities.
    27    (12) Any non-municipal group of employers  authorized  to  self-insure

    28  under paragraph ten of this section on or after January first, two thou-
    29  sand twelve shall be deemed a "private self-insurer" for purposes of the
    30  assessments  set  forth in sections fifteen and one hundred fifty-one of
    31  this chapter.
    32    § 5. Subparagraph 2 of paragraph b of subdivision 5 of section  50  of
    33  the workers' compensation law is REPEALED.
    34    §  6.  Paragraph (a) of subdivision 4 of section 141-a of the workers'
    35  compensation law, as added by chapter 6 of the laws of 2007, is  amended
    36  to read as follows:
    37    (a)  Whenever the chair determines that an employer who is required to
    38  secure compensation in accordance with this chapter has failed to secure
    39  such compensation, or where an employer  has  failed  to  pay  penalties
    40  assessed  against  it pursuant to this chapter, or failed to pay a judg-

    41  ment under section twenty-six of this chapter within ninety  days  after
    42  notice  to the employer and has not moved to modify or vacate such judg-
    43  ment, such failure shall be deemed an immediate serious danger to public
    44  health, safety, or welfare sufficient to justify service by the chair of
    45  a stop-work order on the employer, requiring the cessation of all  busi-
    46  ness operations effective immediately, except where the employer's fail-
    47  ure  concerns  only  domestic  or  child  care workers in his or her own
    48  household. The chair may issue such order, which shall take effect as to
    49  a particular employer worksite when served at that worksite,  or  as  to
    50  all  employer  worksites  in  the state for which the employer is not in
    51  compliance when served on the employer. A stop-work order may be  served

    52  with regard to an employer's worksite by posting a copy of the stop-work
    53  order  in a conspicuous location at the worksite. The order shall remain
    54  in effect until the chair directs that the stop-work order  be  removed,
    55  upon a determination that the employer has come into compliance with the
    56  coverage  requirements of this chapter and has paid any penalty assessed
        S. 2807--C                         21                         A. 4007--C
 
     1  under this chapter. If the  employer  shall  within  thirty  days  after
     2  notice  of the stop-work order make an application in affidavit form for
     3  a redetermination review of such order the chair shall make  a  decision
     4  in  writing  on  the  issues  raised  in such application. The chair may
     5  direct a conditional release from a stop-work order upon a finding  that

     6  the employer has complied with coverage requirements of this chapter and
     7  has  agreed  to  remit  periodic  payments  of the penalty pursuant to a
     8  payment agreement schedule with the chair. If an agreement or  order  of
     9  conditional  release is issued, failure by the employer to meet any term
    10  or condition of such payment agreement shall  result  in  the  immediate
    11  reinstatement  of  the  stop-work order and the entire unpaid balance of
    12  the penalty shall become immediately  due.  The  chair  may  require  an
    13  employer  who  is  found  to  have  failed  to  comply with the coverage
    14  requirements of this chapter to file with the board, as a  condition  of
    15  release  from  a  stop-work  order,  periodic reports for a probationary
    16  period that shall not exceed two years, and that demonstrate the employ-
    17  er's continued compliance with this chapter. The  board  shall  by  rule

    18  specify the reports required and the time for filing under this subdivi-
    19  sion.
    20    §  7.  Paragraphs  (b)  and (c) of subdivision 2 of section 151 of the
    21  workers' compensation law, paragraph (b) as amended by section 2 of part
    22  QQ of chapter 56 of the laws of 2009 and paragraph  (c)  as  amended  by
    23  chapter 6 of the laws of 2007, are amended to read as follows:
    24    (b) An itemized statement of the expenses so ascertained shall be open
    25  to  public  inspection  in the office of the board for thirty days after
    26  notice to the state insurance fund, all insurance carriers and all self-
    27  insurers [including group self-insurers] affected  thereby,  before  the
    28  board shall make an assessment for such expenses. The chair shall assess
    29  upon  and  collect a proportion of such expenses as hereinafter provided
    30  from each insurance carrier, the state insurance fund and each  self-in-

    31  surer  [including group self-insurers]. The assessment for such expenses
    32  shall be allocated to (i) self-insurers [except group self-insurers] and
    33  the state insurance fund  based  upon  the  proportion  that  the  total
    34  compensation  payments  made by all self-insurers [except group self-in-
    35  surers] and the state insurance fund in such  year  bore  to  the  total
    36  compensation  payments  made by all self-insurers [except group self-in-
    37  surers], the state insurance fund, and all insurance carriers [and group
    38  self-insurers] and (ii) insurance carriers  based  upon  the  proportion
    39  that  the  total compensation payments made by all insurance carriers in
    40  such year bore to the total compensation payments by all  self-insurers,

    41  the  state  insurance  fund and all insurance carriers[, and (iii) group
    42  self-insurers based upon the  proportion  that  the  total  compensation
    43  payments  made by all group self-insurers in such year bore to the total
    44  compensation payments made by all  self-insurers,  the  state  insurance
    45  fund and all insurance carriers]. The portion of the assessment for such
    46  expenses allocated to self-insurers [except group self-insurers] and the
    47  state  insurance  fund  that  shall  be collected from each self-insurer
    48  [except group self-insurers] and the state insurance fund shall be a sum
    49  equal to the proportion of  the  amount  which  the  total  compensation
    50  payments  of each such self-insurer [except a group self-insurer] or the

    51  state insurance fund  in  such  year  bore  to  the  total  compensation
    52  payments  made by all self-insurers [except group self-insurers] and the
    53  state insurance fund. The portion of the assessment  for  such  expenses
    54  allocated  to  insurance carriers that shall be collected from each such
    55  insurance carrier shall be a sum equal to that proportion of the  amount
    56  which  the total standard premium by each such insurance carrier bore to
        S. 2807--C                         22                         A. 4007--C
 
     1  the total standard premium reported by all insurance  carriers  for  the
     2  calendar  year  which  ended with the state fiscal year. [The portion of
     3  such sum allocated to group self-insurers that shall be  collected  from
     4  each  group  self-insurer shall be a sum equal to that proportion of the

     5  amount which the pure premium calculation for each such  group  self-in-
     6  surer  bore to the total pure premium calculation for all group self-in-
     7  surers for the calendar year which ended within the state fiscal  year.]
     8  The  amounts so secured shall be used for the payment of the expenses of
     9  administering this chapter.  [Pure premium for assessments against indi-
    10  vidual and group self-insurers who ceased to self-insure shall be  based
    11  on  payroll  at the time the individual or group self-insurer has ceased
    12  to self-insure, reduced by a factor  reflecting  the  reduction  in  the
    13  group  or  individual  self-insurer's  self-insurance  liabilities since
    14  ceasing to self-insure.]
    15    For purposes of this paragraph,  "standard  premium"  shall  mean  the

    16  premium  as  defined  for  the purposes of this assessment by the super-
    17  intendent of insurance, in consultation with the chair of the board  and
    18  the  workers' compensation rating board. [For purposes of this paragraph
    19  "pure premium calculation" means the New York state annual payroll as of
    20  December thirty-first of the preceding  year  by  class  code  for  each
    21  employer  member  of  a  group self-insurer multiplied by the applicable
    22  rate for each class code as  determined  by  the  workers'  compensation
    23  rating  board in effect on December thirty-first of the preceding year.]
    24  The amounts so secured shall be used for the payment of the expenses  of
    25  administering this chapter.
    26    For the purposes of this paragraph, the term "insurance carrier" shall

    27  include  only  stock  corporations,  mutual  corporations and reciprocal
    28  insurers authorized to transact the business  of  workers'  compensation
    29  insurance  in  this  state and the term "self-insurer" shall include any
    30  employer or group of employers permitted to  pay  compensation  directly
    31  under  the  provisions  of subdivision three, three-a or four of section
    32  fifty of this chapter.  For the purposes of this section, a "self-insur-
    33  er" shall be: (i) an employer authorized to self-insure  under  subdivi-
    34  sion three of section fifty of this chapter, or active groups authorized
    35  pursuant  to  subdivision  three-a  of  section fifty of this chapter, a
    36  group of employers authorized to  self-insure  under  paragraph  ten  of
    37  subdivision  three-a  of section fifty of this chapter; or (ii) a public

    38  employer as set forth in paragraph a  of  subdivision  four  of  section
    39  fifty of this chapter authorized to self-insure under subdivision three,
    40  three-a or four of section fifty or article five of this chapter, wheth-
    41  er individually or as a group.
    42    (c) Assessments for the special disability fund, the fund for reopened
    43  cases  and for the operations of the board shall not constitute elements
    44  of loss but shall for collection purposes be treated as  separate  costs
    45  by  carriers.  [All  group  self-insurers shall collect such assessments
    46  from their employer members in a fair and equitable manner.] All  insur-
    47  ance  carriers,  including  the state insurance fund, shall collect such
    48  assessments from their policyholders through a surcharge based on premi-

    49  um in accordance with rules set forth by the New York  workers'  compen-
    50  sation  rating  board,  as  approved by the superintendent of insurance.
    51  Such surcharge shall be considered  as  part  of  premium  for  purposes
    52  prescribed  by law including, but not limited to, computing premium tax,
    53  reporting to the superintendent of insurance pursuant to  section  nine-
    54  ty-nine of this chapter and section three hundred seven of the insurance
    55  law,  determining  the limitation of expenditures for the administration
    56  of the state insurance fund pursuant to  section  eighty-eight  of  this
        S. 2807--C                         23                         A. 4007--C
 
     1  chapter  and  the  cancellation  by  an insurance carrier, including the
     2  state insurance fund, of a policy for non-payment of premium.

     3    §  8. The chair of the workers' compensation board may promulgate such
     4  regulations as are necessary to effectuate the provisions of this act.
     5    § 9. Commencing on June 30, 2011, the chair shall report to the gover-
     6  nor, the speaker of the assembly and temporary president of  the  senate
     7  every  six  months, until all liabilities incurred by group self-insured
     8  employers prior to the effective date of this  act  have  been  paid  in
     9  full,  concerning: (1) the total amount of claims liability of insolvent
    10  non-municipal group self-insurers; (2) the degree to which each non-mun-
    11  icipal group self-insurer qualifying under paragraph 10  of  subdivision
    12  3-a  of  section  50  of  the workers' compensation law is fully funded,
    13  provided that such information may be given within 10 percent increments
    14  of fully funded; (3) the efforts of the workers' compensation  board  to

    15  extinguish  outstanding liabilities thorough settlements, loss portfolio
    16  transfer, collections from defaulted former group self-insurers, and any
    17  other activities of the workers' compensation board to  extinguish  such
    18  liabilities;  and (4) whether each individual self-insurer as defined in
    19  subdivision 3 of section 50 of the workers' compensation law  has  fully
    20  posted the requisite security.
    21    §  10.  This act shall take effect immediately; provided that sections
    22  one and seven of this act shall be deemed to have been in full force and
    23  effect on and after January 1, 2011 and shall apply  to  any  assessment
    24  cycle  beginning  on  or  after such date; provided further, that in the
    25  event that the total amount of assessments collected by the chair of the
    26  workers' compensation board by May 1, 2011 pursuant to subparagraph 4 of

    27  paragraph (h) of subdivision 8 of section 15  of  the  workers'  compen-
    28  sation  law  as amended by section one of this act do not equal at least
    29  one hundred ten percent of the debt service assessment,  as  defined  in
    30  such  provision  of  law,  the  chair of the workers' compensation board
    31  shall, not  later  than  June  1,  2011,  and  in  accordance  with  the
    32  provisions  of  subparagraph  4  of  paragraph  (h)  of subdivision 8 of
    33  section 15 of the workers' compensation law, as amended by  section  one
    34  of  this  act, assess and collect a supplemental assessment in an amount
    35  equal to the amount that would have been due from group self-insurers in
    36  2011 had this act not taken effect, and that the provisions of  subpara-
    37  graph  4 of paragraph (h) of subdivision 8 of section 15 of the workers'
    38  compensation law shall apply to  such  supplemental  assessment  in  all

    39  respects  except  for the date and amount of such special assessment and
    40  that such special assessment shall be deemed an assessment  pursuant  to
    41  subparagraph  4  of  paragraph (h) of subdivision 8 of section 15 of the
    42  workers' compensation law for all purposes.
 
    43                                   PART H
 
    44    Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu-
    45  tive law, as separately amended by section 11 of part A-1 and section 10
    46  of part O of chapter 56 of the laws of  2010,  is  amended  to  read  as
    47  follows:
    48    (f) executive director of adirondack park agency, commissioners of the
    49  state  liquor  authority,  [commissioners  of  the  state  civil service
    50  commission,] members of state commission of correction, members of unem-
    51  ployment insurance appeal board, and members  of  the  workers'  compen-
    52  sation board.

        S. 2807--C                         24                         A. 4007--C
 
     1    §  2. Paragraph (a) of subdivision 2 of section 5 of the civil service
     2  law, as amended by chapter 248 of the laws of 1960, is amended  to  read
     3  as follows:
     4    (a)  Appointment.  The state civil service commission is continued and
     5  shall consist of three commissioners  who  shall  be  appointed  by  the
     6  governor,  by  and  with  the advice and consent of the senate, not more
     7  than two of whom shall be adherents of the  same  political  party.  The
     8  governor  shall  designate  one  of  the members of the commission to be
     9  president of the commission and such member shall serve in the  capacity
    10  of  president during the pleasure of the governor. The members shall not
    11  hold any other public office or public employment for which  they  shall

    12  receive  compensation  other  than  necessary  travel and other expenses
    13  incurred in the performance of  the  duties  of  such  other  office  or
    14  employment,  or engage in private employment or in a profession or busi-
    15  ness which interferes with the performance of their duties  or  requires
    16  their  disqualification from the performance of such duties because of a
    17  conflict of interests caused thereby.  The commissioners other than  the
    18  president  of  the  commission  shall,  when  performing the work of the
    19  commission, be compensated at the rate of two hundred fifty dollars  per
    20  day,  together  with  an  allowance  for  actual  and necessary expenses
    21  incurred in the discharge of their duties hereunder.  The  president  of
    22  the commission shall receive an annual salary established in section one

    23  hundred  sixty-nine  of  the  executive law. No member shall serve as an
    24  officer of any political party or political organization  or  engage  in
    25  partisan political activities.
    26    §  3.  This  act  shall  take  effect  immediately, and shall apply to
    27  current members of the civil service commission.
 
    28                                   PART I
 
    29    Section 1. Clause 2 of subparagraph (viii) of paragraph a of  subdivi-
    30  sion  10 of section 54 of the state finance law, as amended by section 1
    31  of part Z of chapter 56 of the laws of  2010,  is  amended  to  read  as
    32  follows:
    33    (2)  for  the  state  fiscal year commencing April first, two thousand
    34  eight and in each state fiscal year thereafter,  the  base  level  grant
    35  received  in  the  immediately  preceding  state fiscal year pursuant to

    36  paragraph b of this subdivision and chapter three  hundred  thirteen  of
    37  the laws of two thousand ten, excluding any deficit reduction adjustment
    38  pursuant  to  paragraph  e-1  of  this  subdivision, plus any additional
    39  apportionments received in such year pursuant to  paragraph  d  of  this
    40  subdivision  and any per capita adjustments received in such year pursu-
    41  ant to paragraph e of this subdivision [plus any additional aid received
    42  in such year pursuant to paragraph p of this subdivision].
    43    § 2. Paragraph b of subdivision 10 of section 54 of the state  finance
    44  law is amended by adding a new subparagraph (iv) to read as follows:
    45    (iv)  Notwithstanding  subparagraph  (i)  of  this  paragraph,  within
    46  amounts appropriated in the state fiscal year  commencing  April  first,

    47  two thousand eleven, there shall be apportioned and paid to each munici-
    48  pality  a  base  level  grant  in  an amount equal to the prior year aid
    49  received by such municipality minus a base level grant adjustment  equal
    50  to two percent of such prior year aid.
    51    §  3. Paragraph i of subdivision 10 of section 54 of the state finance
    52  law is amended by adding a new subparagraph (viii) to read as follows:
    53    (viii) Notwithstanding subparagraph (i)  of  this  paragraph,  in  the
    54  state  fiscal year commencing April first, two thousand eleven, the base
        S. 2807--C                         25                         A. 4007--C
 
     1  level grant adjustment pursuant to subparagraph (iv) of paragraph  b  of

     2  this subdivision shall be made on or before September twenty-fifth for a
     3  town or village, on or before December fifteenth for a city whose fiscal
     4  year  begins  January first, and on or before March fifteenth for a city
     5  whose fiscal year does not begin January first.
     6    § 4. Paragraph j of subdivision 10 of section 54 of the state  finance
     7  law,  as  amended  by  section  4 of part Z of chapter 56 of the laws of
     8  2010, is amended to read as follows:
     9    j. Special aid and incentives for municipalities to the  city  of  New
    10  York.  In  the  state  fiscal  year commencing April first, two thousand
    11  seven a city with a population of one  million  or  more  shall  receive
    12  twenty  million  dollars  on  or before December fifteenth. In the state
    13  fiscal year commencing April first, two thousand eight, a  city  with  a

    14  population  of  one million or more shall receive two hundred forty-five
    15  million nine  hundred  forty-four  thousand  eight  hundred  thirty-four
    16  dollars  payable  on  or  before December fifteenth. In the state fiscal
    17  [years] year commencing April first, two thousand nine [and April first,
    18  two thousand eleven, and in each state fiscal year thereafter],  a  city
    19  with a population of one million or more shall receive three hundred one
    20  million  six  hundred  fifty-eight  thousand  four  hundred  ninety-five
    21  dollars payable on or before December fifteenth. Special aid and  incen-
    22  tives  for  municipalities  to the city of New York shall be apportioned
    23  and paid as required as follows:
    24    (i)  Any  amounts  required  to  be  paid  to  the   city   university
    25  construction fund pursuant to the city university construction fund act;

    26    (ii)  Any  amounts  required  to  be paid to the New York city housing
    27  development corporation pursuant to the New York city  housing  develop-
    28  ment corporation act;
    29    (iii) Five hundred thousand dollars to the chief fiscal officer of the
    30  city  of New York for payment to the trustees of the police pension fund
    31  of such city;
    32    (iv) Eighty million dollars to the special account for  the  municipal
    33  assistance corporation for the city of New York in the municipal assist-
    34  ance  tax  fund created pursuant to section ninety-two-d of this chapter
    35  to the extent that such  amount  has  been  included  by  the  municipal
    36  assistance  corporation  for the city of New York in any computation for
    37  the issuance of bonds on a parity with outstanding bonds pursuant  to  a
    38  contract  with  the  holders  of such bonds prior to the issuance of any

    39  other bonds secured by payments from  the  municipal  assistance  corpo-
    40  ration  for  the  city of New York in the municipal assistance state aid
    41  fund created pursuant to section ninety-two-e of this chapter;
    42    (v) The balance of the special account for  the  municipal  assistance
    43  corporation  for  the city of New York in the municipal assistance state
    44  aid fund created pursuant to section ninety-two-e of this chapter;
    45    (vi) Any amounts to be refunded to the general fund of  the  state  of
    46  New  York pursuant to the annual appropriation enacted for the municipal
    47  assistance state aid fund;
    48    (vii) To the state of New York  municipal  bond  bank  agency  to  the
    49  extent  provided by section twenty-four hundred thirty-six of the public
    50  authorities law; and
    51    (viii) To the transit construction fund  to  the  extent  provided  by

    52  section  twelve hundred twenty-five-i of the public authorities law, and
    53  thereafter to the city of New York.
    54  Notwithstanding any other law to the contrary, the amount  paid  to  any
    55  city  with  a  population  of  one million or more on or before December
        S. 2807--C                         26                         A. 4007--C
 
     1  fifteenth shall be for an  entitlement  period  ending  the  immediately
     2  preceding June thirtieth.
     3    §  5.  This  act  shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2011.
 
     5                                   PART J
 
     6    Section 1. Section 54-l of the state finance law is REPEALED and a new
     7  section 54-l is added to read as follows:
     8    § 54-l. State assistance  to  eligible  cities  and  eligible  munici-

     9  palities  in which a video lottery gaming facility is located. 1.  Defi-
    10  nitions. When used in this section, unless otherwise expressly stated:
    11    a. "Eligible city" shall mean a city with a  population  equal  to  or
    12  greater  than one hundred twenty-five thousand and less than one million
    13  in which a video lottery gaming facility is located and operating as  of
    14  January  first,  two  thousand  nine pursuant to section sixteen hundred
    15  seventeen-a of the tax law.
    16    b. "Eligible municipality" shall mean a county, city, town or  village
    17  in  which a video lottery gaming facility is located pursuant to section
    18  sixteen hundred seventeen-a of the tax law that is not located in a city
    19  with a population equal to or greater than one hundred twenty-five thou-

    20  sand.
    21    2. a. Within the amount appropriated therefor, an eligible city  shall
    22  receive  an  amount equal to the state aid payment received in the state
    23  fiscal year commencing April first, two thousand eight from an appropri-
    24  ation for aid to municipalities with video lottery gaming facilities.
    25    b. Within the amounts appropriated therefor,  eligible  municipalities
    26  shall  receive  an  amount  equal to forty-five percent of the state aid
    27  payment received in the state fiscal year commencing  April  first,  two
    28  thousand  eight  from  an  appropriation  for aid to municipalities with
    29  video lottery  gaming  facilities,  rounded  up  to  the  next  thousand
    30  dollars.

    31    3.  a.  State  aid payments made to an eligible city pursuant to para-
    32  graph a of subdivision two of this section shall  be  used  to  increase
    33  support for public schools in such city.
    34    b.  State  aid  payments  made to an eligible municipality pursuant to
    35  paragraph b of subdivision two of this section shall  be  used  by  such
    36  eligible municipality to: (i) defray local costs associated with a video
    37  lottery gaming facility, or (ii) minimize or reduce real property taxes.
    38    4.  Payments of state aid pursuant to this section shall be made on or
    39  before June thirtieth of each state fiscal  year  to  the  chief  fiscal
    40  officer  of  each  eligible city and each eligible municipality on audit

    41  and warrant of the state comptroller out of moneys appropriated  by  the
    42  legislature  for such purpose to the credit of the local assistance fund
    43  in the general fund of the state treasury.
    44    § 2. This act shall take effect immediately.
 
    45                                   PART K
 
    46    Section 1. The paragraph heading of paragraph o of subdivision  10  of
    47  section  54 of the state finance law, as added by section 7 of part O of
    48  chapter 56 of the laws of 2008, is amended to read as follows:
    49    Local government efficiency  grant  program  beginning  in  the  state
    50  fiscal  year  commencing  April first, two thousand eight and continuing
    51  until the end of the state fiscal year commencing April first, two thou-
    52  sand ten.

        S. 2807--C                         27                         A. 4007--C
 
     1    § 2.  Paragraph p of subdivision 10 of section 54 of the state finance
     2  law, as amended by section 6 of part GG of chapter 56  of  the  laws  of
     3  2009, is amended to read as follows:
     4    p.  [Local government efficiency grant program municipal merger incen-
     5  tives] Citizen empowerment tax credit.   (i) For the  purposes  of  this
     6  paragraph,  "municipalities"  shall  mean  cities with a population less
     7  than one million, towns and villages.
     8    (ii) Within the annual amounts appropriated therefor, surviving  muni-
     9  cipalities  following a [merger,] consolidation or dissolution occurring
    10  on or after the state fiscal year commencing April first,  two  thousand

    11  seven  [may]  shall  be  awarded  additional annual aid, starting in the
    12  state fiscal year following the state fiscal year in which  such  [merg-
    13  er,]  consolidation or dissolution took effect, equal to fifteen percent
    14  of the combined amount of real property taxes levied by all of the muni-
    15  cipalities participating in the [merger,] consolidation  or  dissolution
    16  in  the  local  fiscal year prior to the local fiscal year in which such
    17  [merger,] consolidation or dissolution took effect. In instances of  the
    18  dissolution  of a village located in more than one town, such additional
    19  aid shall equal the sum of fifteen percent of the  real  property  taxes
    20  levied  by  such village in the village fiscal year prior to the village

    21  fiscal year in which such dissolution took effect plus  fifteen  percent
    22  of  the  average  amount  of  real property taxes levied by the towns in
    23  which the village was located in the town fiscal year prior to the  town
    24  fiscal  year in which such dissolution took effect, and shall be divided
    25  among such towns based on the percentage of  such  village's  population
    26  that  resided  in each such town as of the most recent federal decennial
    27  census. In no case shall the additional aid pursuant to  this  paragraph
    28  exceed one million dollars. Such additional aid shall be apportioned and
    29  paid to the chief fiscal officer of each [consolidated or merged] eligi-
    30  ble  municipality on or before September twenty-fifth of each such state
    31  fiscal year on audit and warrant of the state comptroller out of  moneys

    32  appropriated  by  the  legislature for such purpose to the credit of the
    33  local assistance fund [in the general fund of the state treasury in  the
    34  same  "on  or  before  month  and day" manner as the municipality's base
    35  level grant is paid pursuant to subparagraph (i) of paragraph i of  this
    36  subdivision].
    37    (iii)  Any  municipality  receiving a [merger incentive award] citizen
    38  empowerment tax credit pursuant to this paragraph  shall  use  at  least
    39  seventy  percent  of  such  aid  [only]  for property tax relief and the
    40  balance of such aid for general municipal purposes. [In  no  case  shall
    41  the  additional  aid  pursuant  to  this  paragraph  exceed  one million

    42  dollars. Such additional aid shall in subsequent state fiscal  years  be
    43  considered  prior  year aid for the purposes of determining such merged,
    44  consolidated or surviving municipality's base level  grant  pursuant  to
    45  paragraph  b  of this subdivision.] For each local fiscal year following
    46  the effective date of the chapter of the laws  of  two  thousand  eleven
    47  which  amended  this paragraph in which such aid is payable, a statement
    48  shall be placed on each property  tax  bill  for  such  municipality  in
    49  substantially  the  following form: "Your property tax savings this year
    50  resulting from the State Citizen Empowerment Tax Credit received as  the
    51  result of local government re-organization is $______." The property tax

    52  savings  from  the  citizen empowerment tax credit for each property tax
    53  bill shall be calculated by (1) multiplying the amount  of  the  citizen
    54  empowerment  tax  credit  used  for property tax relief by the amount of
    55  property taxes levied on such property  by  such  municipality  and  (2)
        S. 2807--C                         28                         A. 4007--C
 
     1  dividing the result by the total amount of property taxes levied by such
     2  municipality.
     3    §  3. Paragraph q of subdivision 10 of section 54 of the state finance
     4  law is relettered paragraph t and three new paragraphs q, r  and  s  are
     5  added to read follows:
     6    q.   Local   government  citizens  re-organization  empowerment  grant

     7  program. (i) (1) For the purposes of this paragraph,  "local  government
     8  entity"  or  "entity"  shall  mean  a  town,  village, district, special
     9  improvement district or other improvement district, including,  but  not
    10  limited  to,  special  districts  created  pursuant  to articles eleven,
    11  twelve, twelve-A or thirteen of the town  law,  library  districts,  and
    12  other  districts created by law; provided, however, that a local govern-
    13  ment entity shall  not  include  school  districts,  city  districts  or
    14  special purpose districts created by counties under county law.
    15    (2) For the purposes of this paragraph, "local government re-organiza-
    16  tion"  shall mean the consolidation or dissolution of a local government

    17  entity in accordance with article seventeen-A of the  general  municipal
    18  law.
    19    (ii) Within the annual amounts appropriated therefor, the secretary of
    20  state may award grants to local government entities to cover costs asso-
    21  ciated  with studies, plans, and implementation efforts related to local
    22  government re-organization activities.
    23    (iii) Study projects shall include an  examination  of  the  potential
    24  financial savings, management improvements, and service delivery changes
    25  resulting  from  a  local government re-organization, as well as options
    26  for cost-savings if the re-organization is not completed.
    27    (iv) Local government citizens re-organization empowerment grants  may

    28  be used to cover costs including, but not limited to, legal and consult-
    29  ant  services,  capital  improvements,  transitional personnel costs and
    30  other necessary expenses related to re-organization  analysis,  planning
    31  and implementation. Grants may be used for capital improvements, transi-
    32  tional  personnel  costs  or  joint  equipment purchases only where such
    33  expenses are integral to implementation of the re-organization. No  part
    34  of  the grant shall be used by the applicant for recurring expenses such
    35  as salaries, except that the salaries of certain transitional  personnel
    36  essential  for the implementation of the re-organization shall be eligi-
    37  ble for a period not to exceed three years.

    38    (v) Where the electors of a local government entity have filed a peti-
    39  tion pursuant to article seventeen-A of the general municipal  law  that
    40  will  require  a  referendum on the question of consolidation or dissol-
    41  ution of the local government entity, such local government entity  will
    42  be  eligible  for  an expedited grant to cover costs associated with the
    43  development and dissemination to the electors of information related  to
    44  the  re-organization  question  before such referendum. The secretary of
    45  state shall develop processes that will permit expedited  financial  and
    46  technical  assistance  to  such local government entities, including but
    47  not limited to pre-qualified consultants,  direct  technical  assistance

    48  from program staff and pre-established work plans.
    49    (vi)  The maximum cumulative grant award for a local government re-or-
    50  ganization shall not  exceed  one  hundred  thousand  dollars.  A  local
    51  government citizens re-organization empowerment grant for a re-organiza-
    52  tion  study shall in no event exceed fifty thousand dollars per applica-
    53  tion, of which up to twenty-five thousand dollars may be awarded  on  an
    54  expedited basis. A local government citizens re-organization empowerment
    55  grant  for the planning or implementation of a re-organization shall not
    56  exceed fifty thousand dollars. In no event shall  the  cumulative  grant
        S. 2807--C                         29                         A. 4007--C
 

     1  awards  for  a local government re-organization exceed one hundred thou-
     2  sand dollars.
     3    (vii)  Matching funds equal to ten percent of the total cost of activ-
     4  ities under the grant work plan approved  by  the  department  of  state
     5  shall be required.
     6    r.  Local  government  efficiency grant program beginning in the state
     7  fiscal year commencing April first, two thousand eleven. (i) (1) For the
     8  purposes of this paragraph, "municipality" shall mean  a  county,  city,
     9  town,  village,  special  improvement  district,  fire  district, public
    10  library, association library, water authority, sewer authority, regional
    11  planning and development board, school district, or board of cooperative

    12  educational services; provided, however, that for the purposes  of  this
    13  definition, a board of cooperative educational services shall be consid-
    14  ered  a  municipality  only in instances where such board of cooperative
    15  educational services advances a joint application on  behalf  of  school
    16  districts  and  other  municipalities  within  the  board of cooperative
    17  educational services region; provided, however, that any agreements with
    18  a board of cooperative educational services: shall  not  generate  addi-
    19  tional state aid; shall be deemed not to be a part of the program, capi-
    20  tal  and  administrative budgets of the board of cooperative educational
    21  services for the purposes of computing  charges  upon  component  school

    22  districts  pursuant  to  subdivision one and subparagraph seven of para-
    23  graph b of subdivision four of section nineteen hundred fifty and subdi-
    24  vision one of section nineteen hundred fifty-one of the  education  law;
    25  and  shall  be deemed to be a cooperative municipal service for purposes
    26  of subparagraph two of paragraph d of subdivision four of section  nine-
    27  teen hundred fifty of the education law.
    28    (2)  For  the  purposes  of this paragraph, "functional consolidation"
    29  shall mean one municipality completely providing a service  or  function
    30  for another municipality, which no longer provides such service or func-
    31  tion.
    32    (ii) Within the annual amounts appropriated therefor, the secretary of

    33  state  may  award  competitive  grants  to municipalities to cover costs
    34  associated with local government efficiency projects, including, but not
    35  limited to, planning for or implementation of a municipal  consolidation
    36  or  dissolution,  a  functional  consolidation, a city or county charter
    37  revision that includes functional consolidation, shared  or  cooperative
    38  services, and regionalized delivery of services; provided, however, that
    39  such  local government efficiency projects must demonstrate new opportu-
    40  nities for financial savings  and  operational  efficiencies;  provided,
    41  further,  that  eligible  local government efficiency projects shall not
    42  include studies and plans for a local government re-organization  eligi-

    43  ble  to  receive a local government citizens re-organization empowerment
    44  grant pursuant to paragraph q of  this  subdivision.  The  secretary  of
    45  state  may  focus the grant program in specific functional areas, within
    46  distressed communities and areas of historically high  local  government
    47  costs  and  property  taxes, or in areas of unique opportunity, in which
    48  case such areas of focus shall be detailed in  a  request  for  applica-
    49  tions.
    50    (iii)  Any  approved project shall include an examination of financial
    51  savings, return on public investment and management improvements result-
    52  ing from project implementation.
    53    (iv) Local government efficiency grants may be  used  to  cover  costs

    54  including,  but  not  limited to, legal and consultant services, capital
    55  improvements, transitional personnel costs and other necessary  expenses
    56  related  to  implementing the approved local government efficiency grant
        S. 2807--C                         30                         A. 4007--C
 
     1  work plan. Grants may be used  for  capital  improvements,  transitional
     2  personnel  costs  or  joint equipment purchases only where such expenses
     3  are integral  to  implementation  of  the  local  government  efficiency
     4  project.  No part of the grant shall be used by the applicant for recur-
     5  ring expenses such as salaries, except  that  the  salaries  of  certain
     6  transitional  personnel essential for the implementation of the approved

     7  local government efficiency grant work plan  shall  be  eligible  for  a
     8  period  not  to  exceed  three  years.  The  amounts awarded to a school
     9  district pursuant to this subparagraph shall  not  be  included  in  the
    10  approved  operating  expense  of the school district as defined in para-
    11  graph t of subdivision one of section  thirty-six  hundred  two  of  the
    12  education law.
    13    (v)  The  maximum  cumulative grant award for a local government effi-
    14  ciency project shall not exceed two hundred thousand dollars per munici-
    15  pality; provided, however, that in no case shall such a project  receive
    16  a  cumulative  grant award in excess of one million dollars. The maximum
    17  grant award for a local government efficiency planning project,  or  the

    18  planning  component  of a project that includes both planning and imple-
    19  mentation of a local government efficiency  project,  shall  not  exceed
    20  twenty-five  thousand  dollars per municipality; provided, however, that
    21  in no event shall such a planning  project  receive  a  grant  award  in
    22  excess of two hundred thousand dollars.
    23    (vi)  Local  matching  funds equal to ten percent of the total cost of
    24  activities under the grant work plan approved by the department of state
    25  shall be required. In the  event an applicant is implementing a  project
    26  that  the  applicant developed through a successfully completed planning
    27  grant funded under the local government efficiency grant program or  the

    28  shared  municipal  services  incentive grant program, the local matching
    29  funds required shall be reduced by the local matching funds required  by
    30  such successfully completed planning grant.
    31    (vii)  In  the selection of grant awards, the secretary of state shall
    32  give the highest priority to applications: (1) that would result in  the
    33  dissolution or consolidation of municipalities; (2) that would implement
    34  the  complete functional consolidation of a municipal service; or (3) by
    35  local governments with historically high costs of  local  government  or
    36  sustained  increases  in  property taxes. Priority will also be given to
    37  municipalities that have previously completed a planning grant  pursuant

    38  to  this  program  or  the  shared  municipal  services  incentive grant
    39  program, and to local governments currently involved in regional  devel-
    40  opment  projects  that  have  received funds through state community and
    41  infrastructure development programs.
    42    (viii) The department of state shall prepare an annual report  to  the
    43  governor  and  the legislature on the effectiveness of the local govern-
    44  ment efficiency grant program and the local government  citizens  re-or-
    45  ganization  empowerment  grant program. Such report shall be provided on
    46  or before October first of each year  and  shall  include,  but  not  be
    47  limited to, the following: a summary of applications and awards for each

    48  grant  category,  an  assessment of progress in implementing initiatives
    49  that received grant awards, and estimated financial savings and  signif-
    50  icant  improvements  in  service  realized  by  municipalities that have
    51  received grants.
    52    s. Local government performance  and  efficiency  program.  (i)  Defi-
    53  nitions.   For the purposes of this paragraph, "municipality" shall mean
    54  a county, city, town, or village, but shall not include  the  individual
    55  counties contained in the city of New York.
        S. 2807--C                         31                         A. 4007--C
 
     1    (ii) Purpose.  There is hereby established a local government perform-
     2  ance and efficiency program. The purpose of this program is to recognize

     3  municipalities  that  have undertaken significant and innovative actions
     4  to improve the overall efficiency of governmental operations and produce
     5  quantifiable  recurring  financial savings that reduce the municipal tax
     6  burden on residents.
     7    (iii) Eligibility. All municipalities in New York state  are  eligible
     8  to apply individually or jointly, provided however that if an action was
     9  undertaken  jointly,  municipalities  must  apply  jointly  for  such an
    10  action. The actions for which they apply must already have  been  imple-
    11  mented.
    12    (iv)  Use  of awards. Awards received pursuant to the program shall be
    13  used by municipalities for general municipal purposes.

    14    (v) Application. The secretary of state shall develop  an  application
    15  for  municipalities seeking to receive awards and a process by which the
    16  applications will be evaluated. Such application shall  require  munici-
    17  palities  to  demonstrate how the action for which they have applied has
    18  resulted in quantifiable recurring savings, efficiencies, and  permanent
    19  improvements to municipal services. The secretary of state may focus the
    20  program  in  specific functional service areas, in which case such areas
    21  of focus shall be detailed in a request for applications. No application
    22  shall be considered for actions that commenced prior to  January  first,
    23  two thousand ten.
    24    (vi)  Awards.  The  secretary  of  state may make awards to applicants

    25  based on factors including, but not limited to, the  amount  of  current
    26  and future savings, the impact of such action upon the municipal proper-
    27  ty  tax levy, the size and complexity of the action, and the ability for
    28  the action to be replicated by other municipalities. Awards  shall  only
    29  be  made to municipalities for actions that have been fully implemented,
    30  that clearly resulted in quantifiable savings and efficiencies, and that
    31  produced permanent and quantifiable improvements to municipal efficiency
    32  or services. The maximum amount awarded per application shall not exceed
    33  the lesser of five million dollars or twenty-five dollars  per  resident
    34  of  the  applying municipalities as of the most recent federal decennial

    35  census, provided, however, that  if  the  boundaries  of  municipalities
    36  jointly  applying for such funding overlap, the residents in overlapping
    37  areas shall only be counted once, and provided, further, that if a coun-
    38  ty jointly applies with some but not all  of  the  other  municipalities
    39  therein, only the residents in such other municipalities shall be count-
    40  ed.
    41    (vii)  Regulation.  The  secretary of state shall, prior to the estab-
    42  lishment of  applications,  promulgate  rules  and  regulations  on  the
    43  program,  including  but  not  limited to award eligibility criteria and
    44  application, review and approval procedures.
    45    § 4. This act shall take effect immediately and  shall  be  deemed  to

    46  have been in full force and effect on and after April 1, 2011.
 
    47                                   PART L
 
    48    Section  1. Section 4 of chapter 774 of the laws of 1989, amending the
    49  real property tax law relating to certain state lands subject  to  taxa-
    50  tion is amended to read as follows:
    51    §  4.  The  agreements  referred to in section three of this act shall
    52  [enure] inure to the benefit of and bind the people of the state of  New
    53  York  in  the  event that the lands which are the subject of said agree-
    54  ments are acquired by the people of the state of New York acting through
        S. 2807--C                         32                         A. 4007--C
 
     1  the department of environmental conservation. Upon  any  acquisition  of
     2  such   lands  by  the  department  of  environmental  conservation,  the

     3  provisions of section 532 of the real property tax law shall  not  apply
     4  to the lands so acquired but the [taxation thereof] payments due thereon
     5  shall be governed by the agreements referred to in section three of this
     6  act  for  the  duration  of  such  agreement. [The] In the event that no
     7  specific appropriation shall have been made for that purpose, the amount
     8  appropriated for payments of taxes on state lands pursuant  to  sections
     9  532  through  546 of the real property tax law shall be deemed to encom-
    10  pass the state's obligation  to  make  the  payments  required  by  this
    11  section,  notwithstanding  any law to the contrary, the taxation of such
    12  lands will be governed by such section 532 at such time  as  the  agree-
    13  ments cease to be effective.

    14    § 2. This act shall take effect immediately.
 
    15                                   PART M
 
    16    Intentionally omitted.
 
    17                                   PART N
 
    18    Intentionally omitted.
 
    19                                   PART O
 
    20    Intentionally omitted.
 
    21                                   PART P
 
    22    Section  1.  Notwithstanding any other law, the State University Down-
    23  state Medical Center may create a not-for-profit  corporation  of  which
    24  the  State  University Downstate Medical Center is the sole member, that
    25  will acquire the medical facilities owned by  the  Long  Island  College
    26  Hospital  in  exchange  for the assumption by such not-for-profit corpo-
    27  ration of certain obligations  of  the  Long  Island  College  Hospital,
    28  including  debt  obligations  to the Dormitory Authority, and such other

    29  consideration as may be mutually agreed to;  and  the  State  University
    30  Downstate  Medical  Center  may  enter  into a long-term lease with such
    31  not-for-profit corporation for the facilities acquired by such  not-for-
    32  profit  corporation from the Long Island College Hospital, on such terms
    33  and conditions as shall be agreed to between the State University  Down-
    34  state  Medical  Center  and  such  not-for-profit corporation, including
    35  provisions for the payment of lease payments sufficient to fund the debt
    36  obligations acquired by such not-for-profit corporation, subject to  the
    37  approval  of  the  comptroller, the attorney general and the director of
    38  the budget.
    39    § 2. This act shall take effect immediately and shall be deemed to  be
    40  in full force and effect on and after March 1, 2011.
 
    41                                   PART Q
 

    42    Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
    43  legislative  law and the state finance law relating to the operation and
    44  administration of the legislature, as amended by section 2 of part QQ of
    45  chapter 56 of the laws of 2010, is amended to read as follows:
        S. 2807--C                         33                         A. 4007--C
 
     1    § 13. This act shall take effect immediately and shall  be  deemed  to
     2  have  been  in full force and effect as of April 1, 1994, provided that,
     3  the provisions of section 5-a of  the  legislative  law  as  amended  by
     4  sections two and two-a of this act shall take effect on January 1, 1995,
     5  and provided further that, the provisions of article 5-A of the legisla-
     6  tive  law  as  added  by section eight of this act shall expire June 30,

     7  [2011] 2012 when upon such date the provisions of such article shall  be
     8  deemed  repealed;  and  provided further that section twelve of this act
     9  shall be deemed to have been in full force and effect on and after April
    10  10, 1994.
    11    § 2. This act shall take effect  immediately,  provided,  however,  if
    12  this  act shall take effect after June 30, 2011 this act shall be deemed
    13  to have been in full force and effect on and after June 30, 2011.
 
    14                                   PART R
 
    15    Section 1. Subparagraph (i) of paragraph a of subdivision 2 of section
    16  679-e of the education law, as amended by section 1 of part VV of  chap-
    17  ter 56 of the laws of 2009, is amended to read as follows:
    18    (i) "Eligible attorney" means an attorney, who is a resident of and is
    19  admitted to practice law in New York state, who is employed full-time as

    20  either  a  district  attorney,  as  defined in subparagraph (ii) of this
    21  paragraph, or an indigent legal services attorney, as defined in subpar-
    22  agraph (iii) of this paragraph, who is admitted to practice law in  this
    23  state  for not more than eleven years [and] or who was within the eligi-
    24  ble period as defined in paragraph b of this subdivision during the time
    25  for which such person is seeking a student loan expense grant.  Notwith-
    26  standing  the  foregoing,  an  eligible  attorney  shall  include  those
    27  district attorney applicants who were awarded  program  eligibility  and
    28  who  provided  qualified service between April first, two thousand eight
    29  and March thirty-first, two thousand eleven; such an  eligible  attorney

    30  shall  remain  eligible  to participate in the program provided they are
    31  within an eligible period measured from six years from  the  date  which
    32  such attorney was first employed as a district attorney.
    33    § 2. This act shall take effect immediately.
 
    34                                   PART S
 
    35    Section  1. Notwithstanding sections 113 and 470 of the retirement and
    36  social security law, subdivision 4 of section 201 of the  civil  service
    37  law  or  any other general, special or local law, in connection with the
    38  acquisition of the assets of Community-General Hospital of Greater Syra-
    39  cuse by SUNY Upstate Medical University, subject to the approval of such
    40  acquisition by the comptroller, the attorney general and the director of
    41  the budget, effective upon the closing of the acquisition, SUNY  Upstate

    42  Medical  University  shall  be authorized to assume and maintain, as the
    43  plan sponsor, all or part of the retirement plan for employees of Commu-
    44  nity-General Hospital of Greater Syracuse, including all or  the  appro-
    45  priate  portion  of  the  assets  related  thereto and the provision for
    46  payment of benefits thereunder. Such authority  shall  include,  without
    47  limitation, the authority to make any and all required payments of bene-
    48  fits  due  to  the  members,  retirees  and  beneficiaries,  to make any
    49  contributions that may be necessary to  provide  such  benefits  and  to
    50  amend or terminate the retirement plan for employees of Community-Gener-
    51  al Hospital of Greater Syracuse.
        S. 2807--C                         34                         A. 4007--C
 
     1    §  2.  Notwithstanding  any  inconsistent  provisions  of any general,

     2  special or local law, effective upon the closing of the  acquisition  of
     3  the  assets  of  Community-General  Hospital of Greater Syracuse by SUNY
     4  Upstate Medical Center, each employee who participates in the retirement
     5  plan for employees of Community-General Hospital of Greater Syracuse and
     6  who  will  become an employee of SUNY Upstate Medical Center immediately
     7  following the closing shall, or or before the thirtieth  day  after  the
     8  closing,  make a one-time, irrevocable election to participate in one of
     9  the following retirement plans:
    10    (a) In the case of eligible employees as defined in section 390 of the
    11  education law: (i) the retirement plan for employees of Community-Gener-
    12  al Hospital of Greater Syracuse, (ii)  the  New  York  state  and  local
    13  employees'  retirement  system, (iii) the optional retirement program as

    14  established by section 391 of the education law, or (iv)  the  New  York
    15  state  teachers'  retirement  system.  In the event an employee fails to
    16  make an election as provided in this subdivision, he  or  she  shall  be
    17  deemed  to  have elected to join the retirement plan as determined under
    18  paragraph (b) of subdivision 1 of  section  393  of  the  education  law
    19  effective on the date of the closing.
    20    (b)  In  the  case  of  an employee who is not an eligible employee as
    21  defined in section 390 of the education law: (i) the retirement plan for
    22  employees of Community-General Hospital of Greater Syracuse, or (ii) the
    23  New York state and local employees' retirement system. In the  event  an
    24  employee  fails  to make an election as provided in this subdivision, he
    25  or she shall be deemed to have elected to join the New  York  state  and

    26  local employees' retirement system effective on the date of the closing.
    27    Elections  made  under this section shall be made on forms prepared by
    28  SUNY Upstate Medical Center for that purpose and  shall  be  filed  with
    29  SUNY  Upstate  Medical Center on or before the thirtieth day after clos-
    30  ing.  Retirement benefits for service after the date  of  closing  shall
    31  accrue only with the retirement plan elected by the employee as provided
    32  in  this  section. Employees shall be eligible to receive vesting credit
    33  under the retirement plan for employees of Community-General Hospital of
    34  Greater Syracuse  for  their  post-closing  service  with  SUNY  Upstate
    35  Medical  Center. Employees electing to participate in the New York state
    36  and local employees' retirement system, the optional retirement  program
    37  or  the New York state teachers' retirement system shall not be eligible

    38  for retirement credit for service rendered to Community-General Hospital
    39  of Greater Syracuse prior to the date of the closing.
    40    § 3. This act shall take effect immediately.
    41    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    42  sion, section or part of this act shall be  adjudged  by  any  court  of
    43  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    44  impair, or invalidate the remainder thereof, but shall  be  confined  in
    45  its  operation  to the clause, sentence, paragraph, subdivision, section
    46  or part thereof directly involved in the controversy in which such judg-
    47  ment shall have been rendered. It is hereby declared to be the intent of
    48  the legislature that this act would  have  been  enacted  even  if  such
    49  invalid provisions had not been included herein.
    50    §  3.  This  act shall take effect immediately provided, however, that

    51  the applicable effective date of Parts A through S of this act shall  be
    52  as specifically set forth in the last section of such Parts.