Implements the Public Protection and General Government Budget; relates to merging the crime victims board, the division of probation and correctional alternatives and the office for the prevention of domestic violence into the division of criminal justice services; repeals certain provisions of the executive law and the judiciary law relating thereto (Part A); relates to the office of victim services; repeals certain provisions of the executive law relating thereto (Part A-1); relates to comprehensive emergency management planning and certain fire service related activities; relates to grants and reimbursements to municipalities for certain emergency management and fire service related costs; relates to the New York state interoperable and emergency communication board; relates to grants for public safety communications systems and infrastructure; relates to approval of electrical devices; relates to state fire administration; relates to reports on fire insurance policies; relates to vehicle operation by certain state officials; relates to peace officers; repeals certain provisions of the executive law and the county law relating thereto (Part B); relates to terms of probation; relates to warrants and modification and extension thereof, waiver of extradition, conditions and probation, and reimbursement (Part D); relates to the office of indigent legal services and the indigent legal services fund (Part E); relates to fees collected in relation to the fee for the filing of the first paper in an action or proceeding; relates to the index fee for an action to foreclose (Part K); relates to improving the process for the merging of town and village courts (Part L); relates to certain bonds authorized to be issued or purchased by the municipal bond bank agency and to certain financing agreements authorized to be executed in connection therewith (Part N); relates to abolishing the state employment relations board and shifting responsibilities to the public employment relations board; repeals certain provisions of the labor law relating thereto (Part O); repeals section 163-c of the state finance law relating to imposition of a centralized procurement contract fee (Part P); collects surplus funds from workers' compensation insurance carriers; prevents such surpluses from recurring (Part Q); relates to providing the workers' compensation board with the powers needed to protect injured workers' benefits (Part R); establishes a joint appointing authority for the state financial system project (Part S); allows the New York state employee health insurance plan to have the option to be self insured; relates to the health benefit plan for employees (Part T); relates to reimbursement for medicare premium charges (Part U); relates to merging the state office of real property services and the state board of real property services into the department of taxation and finance; repeals certain provisions of the real property tax law and the tax law relating thereto (Part W); relates to updates of assessments and data relating to real estate transfers (Part X); relates to restructuring the current aid program to encourage full value reassessments (Part Y); relates to aid and incentives for municipalities; relates to the obligation of the city of New York to fund its administration (Part Z); relates to a program of aid to municipalities in which a video lottery gaming facility is located (Part AA); relates to the sharing of the duties of weights and measures between municipalities; relates to residency requirements of fire districts and fire companies; relates to entering into contracts for tax collection (Part EE); relates to procurements by local governments, the state, libraries and library systems; provides for the repeal of certain provisions upon expiration thereof (Part FF); provides for the administration of certain funds and accounts related to the 2010-2011 budget; authorizes certain payments and transfers; relates to certain monetary transfers, in relation to transfer of funds; relates to housing program bonds and notes; relates to the school tax relief fund; relates to the expiration of certain provisions thereof; relates to notes and bonds of the environmental facilities corporation; relates to the general debt service fund; relates to mental health service facilities financing; relates to the sale of state bonds; relates to the sale of housing bonds and urban renewal bonds; relates to federal interest subsidy payments; relates to cultural education facilities; relates to library construction; relates to voting of directors of the local government assistance corporation; relates to certificates of participation; provides for the administration of certain funds and accounts related to the 2005-2006 budget; provides for the administration of certain funds and accounts related to the 2002-2003 budget; provides for the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to state-supported debt; repeals certain provisions upon the expiration thereof (Part JJ); relates to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument, in relation to the use of such monies (Part KK); relates to certificates of relief from disabilities and certificates of good conduct (Part LL); relates to the reuse plan for proposed prison closures (Part MM); relates to autopsy and toxicological reports (Part NN); prohibits persons holding licenses or special licenses to sell an alcoholic beverage at retail for consumption on certain premises from hiring certain persons convicted of a felony; relates to the posting of a person's information on the department of corrections' website; relates to providing certain inmates with copies of criminal history information; relates to providing inmates and parolees access to pre-sentence reports that had been prepared for sentencing; relates to establishing that no fee shall be charged for certain requests for birth certificates; relates to certificates of relief from disabilities issued by the board of parole; relates to informing former inmates about voting rights (Part OO); relates to a variation from generally accepted accounting principles (Part PP); extends the expiration of payments to members of the assembly serving in a special capacity; relates to the operation and administration of the legislature, in relation to extending such provisions (Part QQ).
STATE OF NEW YORK
________________________________________________________________________
S. 6606--B A. 9706--C
SENATE - ASSEMBLY
January 19, 2010
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, the vehicle and traffic law, the
public health law, the social services law, the criminal procedure
law, the family court act, the public officers law, the penal law, the
correction law, the environmental conservation law, the parks, recre-
ation and historic preservation law and the mental hygiene law, in
relation to merging the crime victims board, the division of probation
and correctional alternatives and the office for the prevention of
domestic violence into the division of criminal justice services; and
to repeal certain provisions of the executive law and the judiciary
law relating thereto (Part A); to amend the executive law, the public
officers law, the family court act, the social services law, the crim-
inal procedure law, the state finance law, the public health law, the
general municipal law, the penal law, the correction law, the surro-
gate's court procedure act, the court of claims act, the civil prac-
tice law and rules, the real property tax law and the administrative
code of the city of New York, in relation to the office of victim
services; and to repeal certain provisions of the executive law relat-
ing thereto (Part A-1); to amend the executive law, in relation to
comprehensive emergency management planning and certain fire service
related activities; to amend the state finance law, in relation to
grants and reimbursements to municipalities for certain emergency
management and fire service related costs; to amend the county law, in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12670-07-0
S. 6606--B 2 A. 9706--C
relation to the New York state interoperable and emergency communi-
cation board; to amend the tax law, in relation to grants for public
safety communications systems and infrastructure; to amend the general
business law, in relation to approval of electrical devices; to amend
the general municipal law, in relation to state fire administration;
to amend the insurance law, in relation to reports on fire insurance
policies; to amend the vehicle and traffic law, in relation to vehicle
operation by certain state officials; to amend the criminal procedure
law, in relation to peace officers; and to repeal certain provisions
of the executive law and the county law relating thereto (Part B);
intentionally omitted (Part C); to amend the criminal procedure law
and the penal law, in relation to terms of probation; to amend the
penal law and the executive law, in relation to warrants and modifica-
tion and extension thereof, waiver of extradition, conditions and
probation, and reimbursement (Part D); to amend the executive law, the
state finance law and the county law, in relation to the office of
indigent legal services and the indigent legal services fund (Part E);
intentionally omitted (Part F); intentionally omitted (Part G); inten-
tionally omitted (Part H); intentionally omitted (Part I); inten-
tionally omitted (Part J); to amend the uniform district court act,
the uniform city court act, the New York city civil court act, the
judiciary law and section 14 of part J of chapter 62 of the laws of
2003, amending the county law and other laws relating to fees
collected, in relation to the fee for the filing of the first paper in
an action or proceeding; and to amend the civil practice law and
rules, in relation to the index fee for an action to foreclose (Part
K); to amend the uniform justice court act, in relation to improving
the process for the merging of town and village courts (Part L);
intentionally omitted (Part M); to amend the public authorities law,
in relation to certain bonds authorized to be issued or purchased by
the municipal bond bank agency and to certain financing agreements
authorized to be executed in connection therewith (Part N); to amend
the civil service law, the labor law and the executive law, in
relation to abolishing the state employment relations board and shift
responsibilities to the public employment relations board; and to
repeal certain provisions of the labor law relating thereto (Part O);
to repeal section 163-c of the state finance law, relating to imposi-
tion of a centralized procurement contract fee (Part P); to collect
surplus funds from workers' compensation insurance carriers and to
prevent such surpluses from recurring (Part Q); to amend the workers'
compensation law and the insurance law, in relation to providing the
workers' compensation board with the powers needed to protect injured
workers' benefits (Part R); to establish a joint appointing authority
for the state financial system project (Part S); to amend the civil
service law, the state finance law and the insurance law, in relation
to allowing the New York state employee health insurance plan to have
the option to be self insured; and to amend the parks, recreation and
historic preservation law, in relation to the health benefit plan for
employees (Part T); to amend the civil service law, in relation to
reimbursement for medicare premium charges (Part U); intentionally
omitted (Part V); to amend the executive law, the real property tax
law, and the tax law, in relation to merging the state office of real
property services and the state board of real property services into
the department of taxation and finance; and to repeal certain
provisions of the real property tax law and the tax law relating ther-
eto (Part W); to amend the real property tax law, the real property
S. 6606--B 3 A. 9706--C
law and the tax law, in relation to updates of assessments and in
relation to data relating to real estate transfers (Part X); to amend
the real property tax law, in relation to restructuring the current
aid program to encourage full value reassessments (Part Y); to amend
the state finance law, in relation to aid and incentives for munici-
palities; and to amend the emergency protection act of nineteen seven-
ty-four, in relation to the obligation of the city of New York to fund
its administration (Part Z); to amend the state finance law, in
relation to a program of aid to municipalities in which a video
lottery gaming facility is located (Part AA); intentionally omitted
(Part BB); intentionally omitted (Part CC); intentionally omitted
(Part DD); to amend the agriculture and markets law and the county
law, in relation to the sharing of the duties of weights and measures
between municipalities; to amend the town law, in relation to residen-
cy requirements of fire districts and fire companies; and to amend the
real property tax law, in relation to entering into contracts for tax
collection (Part EE); to amend the general municipal law, the state
finance law and the public buildings law, in relation to procurements
by local governments, the state, libraries and library systems; and
providing for the repeal of certain provisions upon expiration thereof
(Part FF); intentionally omitted (Part GG); intentionally omitted
(Part HH); intentionally omitted (Part II); to provide for the admin-
istration of certain funds and accounts related to the 2010-2011 budg-
et; to authorize certain payments and transfers; to amend chapter 59
of the laws of 2008 relating to certain monetary transfers, in
relation to transfer of funds; to amend the private housing finance
law, in relation to housing program bonds and notes; to amend the
state finance law, in relation to the school tax relief fund; to amend
the state finance law, in relation to the expiration of certain
provisions thereof; to amend the state finance law, in relation to
notes and bonds of the environmental facilities corporation; to amend
the state finance law, in relation to the general debt service fund;
to amend the state finance law, in relation to mental health service
facilities financing; to amend the state finance law, in relation to
the sale of state bonds; to amend the state finance law, in relation
to the sale of housing bonds and urban renewal bonds; to amend the
state finance law, in relation to federal interest subsidy payments;
to amend the public authorities law, in relation to cultural education
facilities; to amend the public authorities law, in relation to
library construction; to amend the public authorities law, in relation
to voting of directors of the local government assistance corporation;
to amend the state finance law, in relation to certificates of partic-
ipation; to amend chapter 61 of the laws of 2005, providing for the
administration of certain funds and accounts related to the 2005-2006
budget, chapter 81 of the laws of 2002, providing for the adminis-
tration of certain funds and accounts related to the 2002-2003 budget,
chapter 389 of the laws of 1997, providing for the financing of the
correctional facilities improvement fund and the youth facility
improvement fund, in relation to state-supported debt; and providing
for the repeal of certain provisions upon the expiration thereof (Part
JJ); to amend chapter 503 of the laws of 2009, relating to the dispo-
sition of monies recovered by county district attorneys before the
filing of an accusatory instrument, in relation to the use of such
monies (Part KK); to amend the executive law, the alcoholic beverage
control law, the agriculture and markets law, the banking law, the
civil rights law, the education law, the town law, the general busi-
S. 6606--B 4 A. 9706--C
ness law, the general municipal law, the insurance law, the public
health law, the real property law, the tax law, and the vehicle and
traffic law, in relation to certificates of relief from disabilities
and certificates of good conduct (Part LL); to amend the correction
law, in relation to the reuse plan for proposed prison closures (Part
MM); to amend the county law, in relation to autopsy and toxicological
reports (Part NN); to amend the alcoholic beverage control law, in
relation to prohibiting persons holding licenses or special licenses
to sell an alcoholic beverage at retail for consumption on certain
premises from hiring certain persons convicted of a felony; to amend
the correction law, in relation to the posting of a person's informa-
tion on the department of corrections' website; to amend the executive
law, in relation to providing certain inmates with copies of criminal
history information; to amend the criminal procedure law, in relation
to providing inmates and parolees access to pre-sentence reports that
had been prepared for sentencing; to amend the public health law, in
relation to establishing no fee shall be charged for certain requests
for birth certificates; to amend the correction law, in relation to
certificates of relief from disabilities issued by the board of
parole; and to amend the election law, in relation to informing former
inmates about voting rights (Part OO); to amend the New York state
financial emergency act for the city of New York, in relation to a
variation from generally accepted accounting principles (Part PP); and
to amend the legislative law, in relation to extending the expiration
of payments to members of the assembly serving in a special capacity;
and to amend chapter 141 of the laws of 1994, amending the legislative
law and the state finance law relating to the operation and adminis-
tration of the legislature, in relation to extending such provisions
(Part QQ)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2010-2011
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through QQ. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Section 240 of the executive law, as amended by chapter
14 134 of the laws of 1985, is amended to read as follows:
15 § 240. [Division] Office of probation and correctional alternatives[;
16 director]. 1. There shall be in the [executive department a division]
17 division of criminal justice services an office of probation and correc-
18 tional alternatives, hereinafter referred to in this article as "the
19 office". The head of the [division] office shall be the [state] direc-
20 tor of probation and correctional alternatives, who shall be appointed
S. 6606--B 5 A. 9706--C
1 by the [governor by and with the advice and consent of the senate, and
2 hold office at the pleasure of the governor by whom he was appointed and
3 until his successor is appointed and has qualified] commissioner,
4 subject to the approval of the governor.
5 2. The [state] director [of probation and correctional alternatives
6 shall have sole charge of the administration of the division of
7 probation and correctional alternatives] shall serve as special advisor
8 to the governor regarding matters pertaining to probation and alterna-
9 tives to incarceration. The director shall, in consultation with the
10 commissioner, coordinate and make recommendations relating to the type
11 and nature of alternative to incarceration programs needed to reduce
12 incarceration where the purpose of such incarceration can be adequately
13 served by alternative programs and shall work with local probation
14 departments and the commissioner to enhance and develop probation
15 services and alternative to incarceration programs throughout the state.
16 3. [The principal office of the division of probation and correctional
17 alternatives shall be in the county of Albany] The commissioner, in
18 consultation with the director, shall appoint staff and perform such
19 other functions to ensure the efficient operation of the office within
20 the amounts made available therefor by appropriation.
21 4. As used in this article, the term "director" shall mean the [state]
22 director of the office of probation and correctional alternatives,
23 "office" shall mean the office of probation and correctional alterna-
24 tives, "commissioner" shall mean the commissioner of the division of
25 criminal justice services and "division" shall mean the division of
26 criminal justice services.
27 § 2. Section 241 of the executive law is REPEALED.
28 § 3. Section 836 of the executive law is amended by adding a new
29 subdivision 7 to read as follows:
30 7. The functions, powers and duties of the former division of
31 probation and correctional alternatives as established in article twelve
32 of this chapter shall now be considered a function of the division of
33 criminal justice services.
34 § 4. Transfer of employees. Notwithstanding any other provision of
35 law, rule, or regulation to the contrary, upon the transfer of functions
36 from the division of probation and correctional alternatives to the
37 division of criminal justice services pursuant to subdivision 7 of
38 section 836 of the executive law, as added by section three of this act,
39 all employees of the division of probation and correctional alternatives
40 shall be transferred to the division of criminal justice services.
41 Employees transferred pursuant to this section shall be transferred
42 without further examination or qualification and shall retain their
43 respective civil service classifications, status and collective bargain-
44 ing unit designations and collective bargaining agreements.
45 § 5. Transfer of records. All books, papers, and property of the divi-
46 sion of probation and correctional alternatives shall be delivered to
47 the commissioner of the division of criminal justice services. All
48 books, papers, and property of the division of probation and correction-
49 al alternatives shall continue to be maintained by the division of crim-
50 inal justice services.
51 § 6. Continuity of authority. For the purpose of succession of all
52 functions, powers, duties and obligations transferred and assigned to,
53 devolved upon and assumed by it pursuant to this act, the division of
54 criminal justice services shall be deemed and held to constitute the
55 continuation of the division of probation and correctional alternatives.
S. 6606--B 6 A. 9706--C
1 § 7. Completion of unfinished business. Any business or other matter
2 undertaken or commenced by the division of probation and correctional
3 alternatives or the director thereof pertaining to or connected with the
4 functions, powers, obligations and duties hereby transferred and
5 assigned to the division of criminal justice services and pending on the
6 effective date of this act, may be conducted and completed by the divi-
7 sion of criminal justice services in the same manner and under the same
8 terms and conditions and with the same effect as if conducted and
9 completed by the division of probation and correctional alternatives.
10 § 8. Continuation of rules and regulations. All rules, regulations,
11 acts, orders, determinations, and decisions of the division of probation
12 and correctional alternatives pertaining to the functions and powers
13 herein transferred and assigned, in force at the time of such transfer
14 and assumption, shall continue in full force and effect as rules, regu-
15 lations, acts, orders, determinations and decisions of the division of
16 criminal justice services until duly modified or abrogated by the
17 commissioner of the division of criminal justice services.
18 § 9. Terms occurring in laws, contracts and other documents. Whenever
19 the division of probation and correctional alternatives or the director
20 thereof, is referred to or designated in any law, contract or document
21 pertaining to the functions, powers, obligations and duties hereby
22 transferred to and assigned to the division of criminal justice services
23 or the commissioner of the division of criminal justice services, such
24 reference or designation shall be deemed to refer to the division of
25 criminal justice services or commissioner of the division of criminal
26 justice services, as applicable.
27 § 10. Existing rights and remedies preserved. No existing right or
28 remedy of any character shall be lost, impaired or affected by any
29 provisions of this act.
30 § 11. Pending actions and proceedings. No action or proceeding pending
31 at the time when this act shall take effect, brought by or against the
32 division of probation and correctional alternatives or the director
33 thereof, shall be affected by any provision of this act, but the same
34 may be prosecuted or defended in the name of the commissioner of the
35 division of criminal justice services or the division of criminal
36 justice services. In all such actions and proceedings, the commissioner
37 of the division of criminal justice services, upon application of the
38 court, shall be substituted as a party.
39 § 12. Transfer of appropriations heretofore made. All appropriations
40 or reappropriations heretofore made to the division of probation and
41 correctional alternatives to the extent of remaining unexpended or unen-
42 cumbered balance thereof, whether allocated or unallocated and whether
43 obligated or unobligated, are hereby transferred to and made available
44 for use and expenditure by the division of criminal justice services
45 subject to the approval of the director of the budget for the same
46 purposes for which originally appropriated or reappropriated and shall
47 be payable on vouchers certified or approved by the commissioner of the
48 division of criminal justice services on audit and warrant of the comp-
49 troller.
50 § 13. Transfer of assets and liabilities. All assets and liabilities
51 of the division of probation and correctional alternatives are hereby
52 transferred to and assumed by the division of criminal justice services.
53 § 14. Subdivision 1 of section 221-a of the executive law, as amended
54 by chapter 107 of the laws of 2004, is amended to read as follows:
55 1. The superintendent, in consultation with the division of criminal
56 justice services, office of court administration, the [division] office
S. 6606--B 7 A. 9706--C
1 of probation and correctional alternatives[,] and the [state] office for
2 the prevention of domestic violence [and the division for women], shall
3 develop a comprehensive plan for the establishment and maintenance of a
4 statewide computerized registry of all orders of protection issued
5 pursuant to articles four, five, six and eight of the family court act,
6 section 530.12 of the criminal procedure law and, insofar as they
7 involve victims of domestic violence as defined by section four hundred
8 fifty-nine-a of the social services law, section 530.13 of the criminal
9 procedure law and sections two hundred forty and two hundred fifty-two
10 of the domestic relations law, and orders of protection issued by courts
11 of competent jurisdiction in another state, territorial or tribal juris-
12 diction, special orders of conditions issued pursuant to subparagraph
13 (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
14 criminal procedure law insofar as they involve a victim or victims of
15 domestic violence as defined by subdivision one of section four hundred
16 fifty-nine-a of the social services law or a designated witness or
17 witnesses to such domestic violence, and all warrants issued pursuant to
18 sections one hundred fifty-three and eight hundred twenty-seven of the
19 family court act, and arrest and bench warrants as defined in subdivi-
20 sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
21 nal procedure law, insofar as such warrants pertain to orders of
22 protection or temporary orders of protection; provided, however, that
23 warrants issued pursuant to section one hundred fifty-three of the fami-
24 ly court act pertaining to articles three, seven and ten of such act and
25 section 530.13 of the criminal procedure law shall not be included in
26 the registry. The superintendent shall establish and maintain such
27 registry for the purposes of ascertaining the existence of orders of
28 protection, temporary orders of protection, warrants and special orders
29 of conditions, and for enforcing the provisions of paragraph (b) of
30 subdivision four of section 140.10 of the criminal procedure law.
31 § 15. The article heading of article 12 of the executive law, as
32 amended by chapter 134 of the laws of 1985, is amended to read as
33 follows:
34 [DIVISION] OFFICE OF PROBATION AND CORRECTIONAL
35 ALTERNATIVES
36 § 16. Subdivision 2 of section 242 of the executive law, as amended by
37 chapter 134 of the laws of 1985, is amended to read as follows:
38 2. The present members of the state probation commission who were
39 appointed to such commission by the governor shall continue as the
40 members of said commission appointed pursuant to paragraph (a) of subdi-
41 vision one of this section at the pleasure of the governor, and until
42 their successors are appointed and have qualified. The director shall be
43 chairman of the commission. No member of said probation commission shall
44 receive any compensation for his or her services as a member of such
45 commission, but the members shall be entitled to their actual necessary
46 expenses incurred in the performance of their duties. The [director]
47 commissioner may from time to time assign an employee of the division to
48 act as secretary to said probation commission. The duties of the members
49 of said probation commission shall be to attend the meetings of such
50 probation commission, at the time fixed by said commission, or called by
51 the chairman of said commission, and to consider all matters relating to
52 probation in the state, within the jurisdiction of the [division of
53 probation and correctional alternatives] office, and to advise and
54 consult with the director in regard thereto.
55 § 17. Subdivisions 1 and 2, paragraph (a) of subdivision 3 and the
56 opening paragraph of subdivision 4 of section 243 of the executive law,
S. 6606--B 8 A. 9706--C
1 subdivision 1 as amended by chapter 134 of the laws of 1985, subdivision
2 2 as amended by chapter 574 of the laws of 1985, paragraph (a) of subdi-
3 vision 3 as added by chapter 609 of the laws of 1997 and the opening
4 paragraph of subdivision 4 as added by chapter 568 of the laws of 2008,
5 are amended to read as follows:
6 1. The [director] office shall exercise general supervision over the
7 administration of probation services throughout the state, including
8 probation in family courts and shall collect statistical and other
9 information and make recommendations regarding the administration of
10 probation services in the courts. [He] The office shall endeavor to
11 secure the effective application of the probation system and the
12 enforcement of the probation laws and the laws relating to family courts
13 throughout the state. After consultation with the state probation
14 commission, [he] the office shall [adopt] recommend to the commissioner
15 general rules which shall regulate methods and procedure in the adminis-
16 tration of probation services, including investigation of defendants
17 prior to sentence, and children prior to adjudication, supervision, case
18 work, record keeping, and accounting, program planning and research so
19 as to secure the most effective application of the probation system and
20 the most efficient enforcement of the probation laws throughout the
21 state. Such rules shall provide that the probation investigations
22 ordered by the court in designated felony act cases under subdivision
23 one of section 351.1 of the family court act shall have priority over
24 other cases arising under articles three and seven of such act. [Such]
25 When duly adopted by the commissioner, such rules shall be binding upon
26 all probation officers and when duly adopted shall have the force and
27 effect of law, but shall not supersede rules that may be adopted pursu-
28 ant to the family court act. [He] The office shall keep [himself]
29 informed as to the work of all probation officers and shall from time to
30 time inquire into and report upon their conduct and efficiency. [He] The
31 office may investigate the work of any probation bureau or probation
32 officer and shall have access to all records and probation offices. [He]
33 The office may issue subpoenas to compel the attendance of witnesses or
34 the production of books and papers. [He] The office may administer oaths
35 and examine persons under oath. [He] The office may recommend to the
36 appropriate authorities the removal of any probation officer. [He shall
37 transmit to the governor not later than February first of each year an
38 annual report of the work of the division of probation and correctional
39 alternatives for the preceding calendar year, which shall include such
40 information relative to the administration of probation and correctional
41 alternatives throughout the state as may be appropriate. He] The office
42 may from time to time publish reports regarding probation including
43 probation in family courts, and the operation of the probation system
44 including probation in family courts and any other information regarding
45 probation as [he] the office may determine provided expenditures for
46 such purpose are within amounts appropriated therefor.
47 2. The [director] office shall exercise general supervision over the
48 utilization of correctional alternative programs throughout the state.
49 [He] The office shall collect statistical and other information and make
50 recommendations regarding the availability, identification, coordination
51 and utilization of such programs. The [director] office shall endeavor
52 to facilitate communication and coordination among and between correc-
53 tional alternative programs and probation services in order to assist in
54 making effective use of such programs. A correctional alternative
55 program shall be deemed to refer to those programs, including eligible
56 programs as defined in paragraph b of subdivision one of section two
S. 6606--B 9 A. 9706--C
1 hundred sixty-one of this chapter, which by themselves, or when used in
2 conjunction with one or more programs or with probation services, may
3 serve as an alternative to a sentence or disposition of incarceration or
4 a portion thereof, and which shall serve the interests of justice. The
5 [director] office shall further exercise general supervision over the
6 administration and implementation of alternatives to incarceration
7 service plans under the provisions of article thirteen-A of this chap-
8 ter. [He] The office shall [adopt] recommend to the commissioner general
9 rules and regulations which shall regulate methods and procedures in the
10 administration and funding of alternative to incarceration service
11 plans, and any other correctional alternative program funded by the
12 state through the division, including but not limited to issuance of
13 quarterly reports as specified by section two hundred sixty-three of
14 this chapter. [Such] When duly adopted by the commissioner, such rules
15 and regulations shall be binding upon all counties and eligible programs
16 that may be funded in such plans and when duly adopted shall have the
17 force and effect of law. [He] The office shall keep [himself] informed
18 as to the development, implementation and utilization of plans and fund-
19 ed eligible programs therein and shall from time to time inquire into
20 and report upon their work and efficiency. [He] The office shall inves-
21 tigate the work of any funded plan or eligible program and shall have
22 access to their records and offices for such purpose.
23 (a) The [director] office shall have the authority to certify to the
24 commissioner [of the division of criminal justice services] those
25 correctional alternative programs subject to supervision of the [divi-
26 sion] office and determined to perform a criminal justice function, as
27 defined in subdivision ten of section eight hundred thirty-five of this
28 chapter, for the purpose of permitting access to criminal history
29 records for criminal justice purposes, subject to the approval of the
30 commissioner [of the division of criminal justice services]. Any such
31 correctional alternative program may apply for certification to the
32 [division] office in writing, on forms prescribed by the [division]
33 office. Such application shall specify, at a minimum, the following: the
34 nature and scope of the program; the necessity for access to such
35 records related to their criminal justice function; the names of employ-
36 ees, and their job titles or positions, for whom access is being sought;
37 and any other information the [division] office deems necessary. Certif-
38 ication shall include the designation of those employees of such
39 programs for whom access to such records is authorized. No designated
40 employee shall have access to such records until such person has satis-
41 factorily completed appropriate training, required by the division [of
42 criminal justice services].
43 The [director] office shall [promulgate] recommend to the commissioner
44 rules and regulations which shall include guidelines and procedures on
45 the placement of sex offenders designated as level two or level three
46 offenders pursuant to article six-C of the correction law. Such regu-
47 lations shall instruct local probation departments to consider certain
48 factors when investigating and approving the residence of level two or
49 level three sex offenders sentenced to a period of probation. Such
50 factors shall include the following:
51 § 18. Subdivision 1 of section 483-d of the social services law, as
52 added by chapter 392 of the laws of 2005, is amended to read as follows:
53 1. Committee established. There is hereby established within the
54 council an out-of-state placement committee comprised of the commission-
55 er of children and family services, the commissioner of mental health,
56 the commissioner of mental retardation and developmental disabilities,
S. 6606--B 10 A. 9706--C
1 the commissioner of education, the commissioner of alcoholism and
2 substance abuse services, the commissioner of health, and the director
3 of the [division] office of probation and correctional alternatives.
4 § 19. Section 244 of the executive law, as amended by chapter 906 of
5 the laws of 1974, is amended to read as follows:
6 § 244. Hostels and foster homes. 1. The [director] office is hereby
7 authorized to provide or to pay for care in a hostel or foster home
8 approved by [him] the office as suitable for such cases for any proba-
9 tioner or parolee under the age of twenty-one years when the parole
10 board or a judge of a court determines that there is no other suitable
11 home for such probationer or parolee and that such probationer or paro-
12 lee should be placed in such hostel or foster home. In addition to
13 payment for such care, when ordered by the board or court, the [direc-
14 tor] office is authorized to provide or pay for clothing and other
15 necessities, including medical and psychiatric treatment, required for
16 the welfare of such probationer or parolee. The [director] office may
17 also provide or contract for such care in any suitable facility operated
18 by a department of correction or by any other public or voluntary social
19 welfare agency, institution or organization. A court with respect to
20 such a probationer and the parole board with respect to such a parolee
21 shall, subject to regulation by the [director] division control admis-
22 sions to and discharges from such hostels and foster homes. When place-
23 ment is made in any hostel or foster home, or in any facility other than
24 a public institution, such placement whenever practicable shall be in a
25 hostel, or facility operated by or in the home of a person or persons of
26 the same religious faith as the probationer or parolee.
27 2. The [director] office shall have authority and the duty to stimu-
28 late programs for the development of hostels and foster homes for the
29 care of probationers and parolees under the age of twenty-one years.
30 § 20. Section 245 of the executive law, as amended by chapter 134 of
31 the laws of 1985, is amended to read as follows:
32 § 245. Probation staff training and development. The [division] office
33 of probation and correctional alternatives shall conduct training
34 programs for city, county and state probation personnel, prepare and
35 execute programs of information and education to interest persons in the
36 field of probation as a vocation, encourage the development by schools
37 within the state of courses of study in fields related to and bearing
38 upon probation and engage in other activities of an educational or
39 informational nature designed to increase the number of qualified
40 probation personnel and improve the caliber of probation service within
41 the state. In order to effectuate the provisions of this section, the
42 [division] office of probation and correctional alternatives shall be
43 authorized to prepare and disseminate printed materials, utilize media
44 of public information, cooperate with public and private institutions of
45 learning and employ qualified persons as lecturers or consultants on a
46 fee basis to supplement services to be performed by its personnel here-
47 under. Such fees shall be payable out of funds appropriated for these
48 purposes on the audit and warrant of the comptroller on vouchers certi-
49 fied or approved by the [director] office.
50 § 21. Intentionally omitted.
51 § 22. Section 247 of the executive law is REPEALED.
52 § 23. Section 248 of the executive law, as added by chapter 479 of the
53 laws of 1970, the opening paragraph as amended by chapter 134 of the
54 laws of 1985, is amended to read as follows:
55 § 248. Establishment of probation scholarships. The [division of
56 probation and correctional alternatives] office, [under regulations
S. 6606--B 11 A. 9706--C
1 which it shall prescribe, and] out of moneys appropriated to it for that
2 purpose, is authorized to grant scholarships for graduate training in
3 any course of study that would be of substantial value in the field of
4 probation at graduate schools located within the state whose programs
5 are registered by the regents.
6 Each such scholarship shall entitle the holder thereof to a sum not to
7 exceed four thousand dollars annually while in attendance at any of the
8 said schools for a period not to exceed two years of graduate profes-
9 sional study.
10 Scholarships under this section shall be awarded only to residents of
11 the state of New York who hold a degree of bachelor of arts or bachelor
12 of science from a college or university, or the equivalent thereof.
13 The [director] office, after consultation with the state probation
14 commission, shall [make] recommend to the commissioner rules governing
15 the award of such scholarships, the publication of notices offering
16 scholarships, the issuance and cancellation of certificates entitling
17 persons to the benefits thereof, the use of such scholarships by the
18 persons entitled thereto, the courses that may be included under such
19 scholarships, the schools which may be attended under such scholarships,
20 the rights and duties of scholarship holders and of the schools which
21 they attend, and providing generally for the carrying into effect of the
22 provisions of this section; and may, by appropriate rule, require that
23 holders of such scholarships be available for employment in probation
24 work in the state of New York upon the completion of the training for
25 which the scholarship is provided. The [director] office shall, after
26 consultation with the state probation commission, award such scholar-
27 ships within such established rules, and any scholarship may be revoked
28 for cause.
29 Payments of money under this section may be made to the holder of the
30 scholarship or to the school or college attended under the scholarship,
31 on behalf of, and for the benefit of, the holder of the scholarship.
32 Payments of money shall be ordered by the comptroller upon vouchers of
33 the [director] office certifying that the person named therein is enti-
34 tled to receive the sum either directly, or for his or her benefit.
35 § 24. Subdivision 5 of section 256 of the executive law, as amended by
36 chapter 134 of the laws of 1985, is amended to read as follows:
37 5. The director of each probation department, other than a joint coun-
38 ty department, shall be appointed by the chief executive officer of the
39 county. The director of a joint county probation department shall be
40 appointed by agreement between the chief executive officers of the coun-
41 ties participating in such agreement or a majority of them and in the
42 event of a deadlock the [state] director of the office of probation and
43 correctional alternatives shall participate in the making of the deci-
44 sion. Where a county has no chief executive officer, the appointment of,
45 or agreement to appoint, the director shall be made by the chairman of
46 the board of supervisors or county legislatures. The director of a
47 probation department shall have the power to appoint all deputies,
48 supervisors, probation officers and other employees in such department
49 within appropriations made available therefor by the board of supervi-
50 sors or county legislatures. The board of supervisors or county legisla-
51 tures shall fix the salaries of all personnel in the department and make
52 the necessary appropriations therefor as well as for the expenses actu-
53 ally and necessarily incurred by such officers and employees in the
54 performance of their duties. In the case of a joint county department
55 the salaries of personnel and the amounts of other expenditures to be
56 made available for operation of the department shall be set forth in the
S. 6606--B 12 A. 9706--C
1 agreement between the counties, and the boards of supervisors or county
2 legislatures shall make the appropriations required for the respective
3 proportionate costs thereof.
4 § 25. Subdivisions 2, 3 and 4 of section 257 of the executive law, as
5 amended by chapter 134 of the laws of 1985, are amended to read as
6 follows:
7 2. The [state director] office of probation and correctional alterna-
8 tives may when necessary certify in writing the need of one or more
9 salaried probation officers to the official body charged with responsi-
10 bility for appropriating funds for support of government in the poli-
11 tical subdivision of the state wherein a probation department is
12 located. Such body shall then determine whether such need exists and if
13 found to exist it shall fix the salary of such probation officer and
14 appropriate the necessary funds, as well as provide for the necessary
15 expenses of such officer.
16 3. Each probation officer who collects or has custody of money, before
17 entering upon the duties of his or her office, shall execute a bond,
18 pursuant to the provisions of section eleven of the public officers law,
19 in a penal sum to be fixed by the local director of probation with
20 sufficient sureties approved thereby, conditioned for the honest
21 accounting for all money received by him or her as such probation offi-
22 cer. In the discretion of the local director of probation, a position
23 scheduled bond covering all such probation officers may be procured and
24 executed in lieu of such individual bonds. The accounts of all probation
25 officers shall be subject to audit at any time by the proper fiscal
26 authorities and the [division] office of probation and correctional
27 alternatives.
28 4. It shall be the duty of every probation officer to furnish to each
29 of his or her probationers a statement of the conditions of probation,
30 and to instruct him or her with regard thereto; to keep informed
31 concerning his or her conduct, habits, associates, employment, recre-
32 ation and whereabouts; to contact him or her at least once a month
33 pursuant to rules promulgated by the [state director of probation and
34 correctional alternatives] commissioner of the division of criminal
35 justice services; to aid and encourage him or her by friendly advice and
36 admonition; and by such other measures as may seem most suitable to
37 bring about improvement in his or her conduct, condition and general
38 attitude toward society. Probation officers shall report to the head of
39 the probation bureau or department who shall in turn report in writing
40 to the court and the [state director] office of probation and correc-
41 tional alternatives at least monthly or where there is no bureau or
42 department, directly to the court and the [state director] office of
43 probation and correctional alternatives concerning the conduct and
44 condition of probationers; keep records of their work as probation offi-
45 cers; keep accurate and complete accounts of all money collected from
46 probationers; give receipts therefor and make prompt returns thereof at
47 least monthly; aid in securing employment; perform such other duties in
48 connection with such probationer as the court may direct or as required
49 by the general rules adopted pursuant to section two hundred forty-three
50 of this chapter; and make such reports to the [state division] office of
51 probation and correctional alternatives as it may require.
52 § 26. Subdivision 6 of section 257-c of the executive law is REPEALED.
53 § 27. Paragraphs a, b, e and i of subdivision 1 of section 261 of the
54 executive law, paragraphs a, e and i as amended by chapter 338 of the
55 laws of 1989 and paragraph b as amended by chapter 461 of the laws of
56 1990, are amended to read as follows:
S. 6606--B 13 A. 9706--C
1 a. "Service plan" or "plan" means a county plan designed to identify
2 and provide eligible programs as determined by either an advisory board
3 established pursuant to this article, or by an existing criminal justice
4 coordinating council, provided, however, the membership of such council
5 includes a majority of those persons set forth in subdivision two of
6 this section, provided that one person shall be the chief administrative
7 officer. The following factors considered, utilized and incorporated in
8 the plan shall include but not be limited to:
9 (i) an analysis of the jail population to assist in determining incar-
10 ceration practices and trends, including, if submitting an approved
11 amendment pursuant to section two hundred sixty-six of this article, an
12 analysis of the relationship between alcohol, drugs and crime and the
13 effects of alcohol and substance abuse on the local criminal justice
14 system and jail, probation and alternatives to incarceration popu-
15 lations, consistent with planning guidelines established by the [divi-
16 sion] office; the types and nature of alternative programming needed,
17 and appropriate eligibility requirements;
18 (ii) an analysis of recent overcrowding problems and measures taken by
19 the county to relieve them;
20 (iii) a summary of existing alternatives programs and/or related
21 services and previous efforts made by the county to develop alternatives
22 to incarceration and if an approved amendment is submitted, pursuant to
23 section two hundred sixty-six of this article, a summary of existing
24 alcohol and substance abuse programs;
25 (iv) a comprehensive plan for the development of alternatives programs
26 that addresses the specific needs identified in subparagraph (i) of this
27 paragraph and furthers the county's long-range goals in the area of
28 alternatives to incarceration;
29 (v) specific proposals for the use of state aid available under this
30 chapter, including a description of services to be provided, character-
31 istics of the target populations, steps to be taken to identify eligible
32 participants, the goals and objectives to be accomplished through the
33 proposals;
34 (vi) a detailed time frame for the implementation and evaluation of
35 the specific proposals described in subparagraph (v) of this paragraph;
36 (vii) a summary of those criteria by which the [division] office and
37 the state commission of correction may measure the proposal's impact on
38 jail overcrowding; and
39 (viii) any other information which the [division] office may request
40 consistent with the purposes of this chapter.
41 Nothing in this article shall prohibit the development of regional
42 programs by two or more counties.
43 b. "Eligible programs" means existing programs, enhancement of exist-
44 ing programs or initiation of new programs or, if submitting an approved
45 amendment pursuant to section two hundred sixty-six of this article,
46 eligible alcohol and substance abuse programs as defined in paragraph c
47 of this subdivision which serve to assist the court, public officers or
48 others in identifying and avoiding the inappropriate use of incarcera-
49 tion. Such programs may be administered by either the county or private,
50 community-based organizations and may include, but shall not be limited
51 to: new or enhanced specialized probation services which exceed those
52 probation services otherwise required to be performed in accordance with
53 applicable law, rule or regulation of the [state] division of [probation
54 and correctional alternatives] criminal justice services subject to the
55 provisions of this article; a pre-trial alternative to detention
56 program, including a comprehensive pre-arraignment program which screens
S. 6606--B 14 A. 9706--C
1 all defendants and ensures that the court is fully advised of the avail-
2 ability of alternatives based upon the defendant's suitability and needs
3 prior to its determination regarding the issuance of a securing order,
4 or an effective bail review program; alternatives to post-adjudicatory
5 incarceration programs, including community service, substance abuse or
6 alcohol intervention programs; and management information systems
7 designed to improve the county's ability to identify appropriate persons
8 for alternatives to detention or incarceration, as well as for improved
9 classification of persons within jail. For purposes of this paragraph,
10 community service programs may place persons performing community
11 service at worksites identified by the commissioner of the department of
12 environmental conservation and the commissioner of the office of parks,
13 recreation and historic preservation.
14 e. "Approved plan" means a plan submitted by the county executive upon
15 approval by the advisory board or council and by the local legislative
16 body, which has been determined by the [division of probation and
17 correctional alternatives] office to meet the requirements set forth in
18 paragraph a of this subdivision.
19 i. ["Division"] "Office" means the [division] office of probation and
20 correctional alternatives.
21 § 28. Section 262 of the executive law, as added by chapter 907 of the
22 laws of 1984, paragraph a of subdivision 4 as amended by chapter 421 of
23 the laws of 1988, is amended to read as follows:
24 § 262. [Division] Office assistance; plan; approval. 1. Upon request
25 of either the county executive or the advisory board, through the chair-
26 person, the [division] office shall assist the county in the development
27 of its plan by providing technical assistance either directly or through
28 contract with persons or organizations which have expertise in the area
29 of pre-trial services or alternatives to incarceration programs.
30 2. Upon development of a proposed plan but at least thirty days prior
31 to approval by the board, public comment shall be solicited for consid-
32 eration by the board prior to final action.
33 3. Upon approval by the board, by a majority of its members, any coun-
34 ty outside the city of New York acting through its county executive, and
35 upon approval of the local legislative body, may submit a proposed
36 service plan to the [division] office for approval. The city of New York
37 acting through the mayor and upon approval by the board of estimate may
38 submit a proposed service plan to the [division] office for approval.
39 4. a. Each such plan shall be submitted to the [division] office no
40 later than one hundred eighty days after the effective date of the chap-
41 ter of the laws of nineteen hundred eighty-eight which amended this
42 paragraph and added these words or by the first day of April of each
43 subsequent year and shall provide that upon approval it shall become
44 effective. Annual renewals of service plans are required and shall be
45 submitted to the [division] office no later than the first day of April
46 of each year following submission of the original plan. A plan may be
47 amended from time to time by the advisory board, subject to the approval
48 of the local legislative body and the [division] office. The [division]
49 office may recommend amendments to a plan, subject to the approval of
50 the advisory board and the local legislative body. Reasons for such
51 amendments may include but shall not be limited to the addition or
52 deletion of eligible programs with due consideration to their utiliza-
53 tion by the court, their effect on diverting the jail bound population,
54 reducing the overcrowding problem and their cost-effectiveness.
55 b. The [division] office shall either approve or deny the plan no
56 later than sixty days following its submission. If the plan is denied,
S. 6606--B 15 A. 9706--C
1 the [division] office shall notify the county executive in writing of
2 such denial and the reasons therefor and shall specify any measures
3 which should be undertaken to secure the approval of the [division]
4 office. Nothing herein shall prohibit the amendment of a plan to over-
5 come the [division's] office's stated reasons for denial or the resub-
6 mission of such proposed plan for approval.
7 § 29. Section 263 of the executive law, as added by chapter 907 of the
8 laws of 1984, is amended to read as follows:
9 § 263. Reports. The advisory board, through its chairperson, shall
10 submit to the [division] office a quarterly report relative to the
11 status of compliance with the plan, pursuant to rules and regulations
12 promulgated by the [division] commissioner of the division of criminal
13 justice services upon recommendation of the office. The report shall
14 include, but not be limited to: compliance with specific goals and
15 objectives as reflected in the plan; ability of programs to meet
16 performance criteria; compliance with timetables; utilization by the
17 court of the programs included in the plan; effect of such programs on
18 diverting the jail bound population and reducing the over crowding prob-
19 lem; and any other information requested by the [division] office and
20 available to the advisory board with respect to this article.
21 § 30. Section 264 of the executive law, as added by chapter 907 of
22 the laws of 1984, the opening paragraph of subdivision 1 as amended by
23 chapter 908 of the laws of 1984, is amended to read as follows:
24 § 264. Noncompliance with plan. 1. If at any time the [division]
25 office determines that a county plan is not being complied with, it
26 shall notify the advisory board through the chairperson and the state
27 commission of correction in writing of such fact, and it shall withhold
28 any portion of state funds not theretofore allocated. Such notice shall
29 state the particular reasons for the determination and demand compliance
30 with the plan within sixty days of the notice, setting forth the specif-
31 ic actions deemed necessary to secure compliance. If compliance is
32 forthcoming the board and the state commission of correction shall be
33 notified of such fact in writing and any state funds heretofore withheld
34 shall be released. If compliance with the plan is not fulfilled within
35 such time or within a thirty day extension period as authorized herein,
36 the [division] office shall notify the advisory board through the chair-
37 person and the state commission of correction. Upon such notification,
38 the county shall be deemed in noncompliance with the approved plan and
39 the provisions of subdivision eight of section five hundred-b of the
40 correction law shall be applied.
41 An extension may be granted by the [division] office for a thirty day
42 period upon a request by the board through the chairperson, where the
43 [division] office determines it to be appropriate, setting forth specif-
44 ic reasons for a need for an extension and the steps which shall be
45 undertaken to be in compliance at the end of such period.
46 Any notification by the [division] office of non-compliance pursuant
47 to this section shall be deemed a final determination for purposes of
48 judicial review.
49 2. The advisory board, through its chairperson, may reapply for
50 continuation of its approved plan or modified plan, provided it certi-
51 fies that it has complied with the specific actions deemed necessary by
52 the [division] office to secure compliance. Within thirty days of
53 receipt of the application the [division] office shall verify compliance
54 with its notice and notify the board and the state commission of
55 correction of its decision.
S. 6606--B 16 A. 9706--C
1 § 31. The section heading, subdivision 1, paragraph b of subdivision
2 2, and the opening paragraph and paragraphs a and b of subdivision 3 of
3 section 265 of the executive law, the section heading and paragraph a of
4 subdivision 3 as added by chapter 907 of the laws of 1984, subdivision
5 1, paragraph b of subdivision 2 and the opening paragraph of subdivision
6 3 as amended by chapter 338 of the laws of 1989 and paragraph b of
7 subdivision 3 as amended by chapter 320 of the laws of 1989, are amended
8 to read as follows:
9 Further authority of the [division] office; state assistance. 1. In
10 administering the provisions of this article, the [division] office may
11 perform such other and further acts and [promulgate] recommend to the
12 commissioner of the division of criminal justice services such rules and
13 regulations it deems necessary, proper or desirable to carry out the
14 purpose of this article and not otherwise inconsistent with the other
15 provisions of this article, chapter or any other provision of law. This
16 shall include, but not be limited to, the [division's] office's consul-
17 tation with the chief administrative judge of the office of court admin-
18 istration, the chairman of the state commission of correction[,] and the
19 [director of the division of alcoholism and alcohol abuse and the direc-
20 tor of the division of] commissioner of alcoholism and substance abuse
21 services.
22 b. Except as provided in section two hundred sixty-six of this arti-
23 cle, applications for such assistance must be made and submitted no
24 later than one hundred eighty days after the effective date of the chap-
25 ter of the laws of nineteen hundred eighty-eight which amended this
26 paragraph and added these words or by the first day of April of each
27 subsequent year and shall be either approved or denied by the [division]
28 office no later than sixty days following such submission. Any part of
29 the moneys so made available and not apportioned pursuant to a plan
30 approved and contract entered into with the [division] office within the
31 time limits required shall be apportioned by the [division] office in
32 its discretion to such a city or counties on a need basis, taking into
33 consideration inmate population or prior commitment by a county in the
34 development of alternatives to detention or incarceration programs.
35 The [division] office may receive applications from and may enter into
36 contracts with municipalities to undertake implementation of the service
37 plan and any such municipality may enter into a contract with the [divi-
38 sion] office and with such private organization or organizations for
39 such purpose. Except as provided in section two hundred sixty-six of
40 this article, any such contract may include such provisions as may be
41 agreed upon by the parties thereto, but shall include in substance at
42 least the following:
43 a. An estimate of the reasonable cost and need of the programs as
44 approved by the [division] office;
45 b. In the first year of the approved service plan an agreement by the
46 [division] office to reimburse to the municipality up to fifty percent
47 of the state's share of the costs at the initial approval of the plan;
48 one-half of the remaining fifty percent of the state's share shall be
49 allocated to municipalities during the implementation of the plan,
50 provided there is substantial compliance with timetables and any other
51 provisions of the plan deemed necessary by the [division] office. The
52 balance of the state's share of the costs shall be allocated to the
53 municipality in a manner determined by the [division] office. In any
54 subsequent year, the [division] office shall reimburse to the munici-
55 pality the state's share of actual costs incurred under the plan. In no
56 event shall the state's share exceed fifty percent of the total cost of
S. 6606--B 17 A. 9706--C
1 the plan, nor shall it be used to replace current expenditures by the
2 municipality for such alternatives programs. However, in determining
3 the amount of the municipal share of the cost of a program, the [divi-
4 sion] office shall reduce the amount of the municipal share by an amount
5 equal to the costs incurred by such municipality on implementation of
6 any of the plan's provisions during the year immediately preceding
7 approval of the plan by the [division] office. Any such amount resulting
8 in a reduction of the municipal share shall not be considered in calcu-
9 lating the municipal share of any future program;
10 § 32. The section heading and subdivisions 3 and 4 of section 266 of
11 the executive law, as added by chapter 338 of the laws of 1989, are
12 amended to read as follows:
13 Additional authority of the [division] office; state assistance;
14 approved amendments for eligible alcohol and substance abuse programs.
15 3. For the purposes of carrying out the purpose of this section, of
16 the amount made available in paragraph a of subdivision two of section
17 two hundred sixty-five, state assistance of not less than seven million
18 dollars shall be made available for approved amendments. Of this amount,
19 no more than forty percent shall be made available for such state
20 assistance to cities with a population of one million or more. The
21 remaining amount shall be made available for such state assistance to
22 counties outside such cities. The [division] office shall apportion the
23 amount available for approved amendments on an as needed basis, taking
24 into consideration the analysis of the relationship between alcohol,
25 drugs and crime, as required in this article, as well as other factors
26 as may be required by the [division] office.
27 4. The [division] office may receive approved amendments and may amend
28 approved plans in accordance with such approved amendments at any time.
29 The [division] office may enter into contracts to undertake the imple-
30 mentation of the approved amendments and any such municipality may enter
31 into contracts with the [division] office and with private organizations
32 for such implementation. Any such contracts may include such provisions
33 as may be agreed upon by the parties thereto, but shall include at least
34 the following:
35 a. An estimate of the reasonable costs and need for the eligible alco-
36 hol and substance abuse programs;
37 b. An agreement by the [division] office to reimburse the municipality
38 in accordance with the following:
39 (i) In the first year of implementation and operation of the eligible
40 alcohol and substance abuse program, the [division] office shall reim-
41 burse to the municipality one hundred percent of the costs incurred,
42 provided that, upon approval of the contract and consistent with imple-
43 mentation plans approved by the [division] office, up to one-half of the
44 state's share of the cost of such program may be immediately allocated
45 to the municipality for purposes of implementation of the program. The
46 balance of the state's share of the costs shall be allocated to the
47 municipality in a manner determined by the [division] office.
48 (ii) In the second year of operation of such eligible alcohol and
49 substance abuse program, such program shall be included in the approved
50 service plan submitted by the municipality and the [division] office
51 shall reimburse to the municipality seventy-five percent of the costs of
52 approved expenditures. Municipalities shall provide at least twenty-five
53 percent of costs of approved expenditures of the contract.
54 (iii) In the third and any subsequent year of operation of such alco-
55 hol and substance abuse program, such program shall be included in the
56 approved service plan submitted by the municipality and the [division]
S. 6606--B 18 A. 9706--C
1 office shall reimburse to the municipality fifty percent of the costs of
2 approved expenditures. Municipalities shall provide at least fifty
3 percent of costs of approved expenditures of the contract.
4 In no event shall the state's share be used to replace expenditures
5 previously incurred by the municipality for such alcohol and substance
6 abuse programs;
7 c. An agreement by the municipality to provide for the payment of the
8 municipality's share of the costs of the alcohol and substance abuse
9 program or programs, and to proceed expeditiously with, and implement,
10 such program or programs, as approved by the [division] office; and
11 d. Any costs in excess of the amount provided for in this subdivision
12 shall be the responsibility of the municipality, except as otherwise
13 provided in this article.
14 § 33. Section 267 of the executive law, as amended by chapter 338 of
15 the laws of 1989, is amended to read as follows:
16 § 267. [Division] Office reports. The [division] office shall submit
17 to the governor, the temporary president of the senate, the speaker of
18 the assembly, the chairman of the senate crime and correction committee
19 and the chairman of the assembly committee on codes by October first of
20 each year its evaluation and assessment of this alternatives planning
21 and programming effort by the counties. Such report shall include, but
22 not be limited to, the status of the development of such plans, the
23 approval and implementation of such plans, the success of the programs,
24 in terms of their utilization, effect on jail population, results of the
25 analyses provided counties and the city of New York on the relationship
26 between alcohol, drugs and crime and the success of the eligible alcohol
27 and substance abuse programs and sentencing decisions together with any
28 recommendations with respect to the proper operation or improvement of
29 planning and implementation of effective alternatives to detention and
30 alternatives to incarceration programs in counties.
31 § 34. Section 354-a of the executive law, as amended by chapter 355 of
32 the laws of 2004, is amended to read as follows:
33 § 354-a. Information on status of veterans receiving assistance.
34 Departments, divisions, bureaus, boards, commissions and agencies of the
35 state and political subdivisions thereof, which provide assistance,
36 treatment, counseling, care, supervision or custody in service areas
37 involving health, mental health, family services, criminal justice or
38 employment, including but not limited to the office of alcoholism and
39 substance abuse services, office of mental health, [division] office of
40 probation and correctional alternatives, office of children and family
41 services, office of temporary and disability assistance, department of
42 health, department of labor, local workforce investment boards, office
43 of mental retardation and developmental disabilities, department of
44 correctional services and division of parole, shall request assisted
45 persons to provide information with regard to their veteran status and
46 military experiences. Individuals identifying themselves as veterans
47 shall be advised that the division of veterans' affairs and local veter-
48 ans' service agencies established pursuant to section three hundred
49 fifty-seven of this article provide assistance to veterans regarding
50 benefits under federal and state law. Information regarding veterans
51 status and military service provided by assisted persons solely to
52 implement this section shall be protected as personal confidential
53 information under article six-A of the public officers law against
54 disclosure of confidential material, and used only to assist in the
55 diagnosis, treatment, assessment and handling of the veteran's problems
56 within the agency requesting such information and in referring the
S. 6606--B 19 A. 9706--C
1 veteran to the division of veterans' affairs for information and assist-
2 ance with regard to benefits and entitlements under federal and state
3 law.
4 § 35. Intentionally Omitted.
5 § 36. Intentionally Omitted.
6 § 37. Paragraph (a) of subdivision 20 of section 623 of the executive
7 law, as amended by chapter 418 of the laws of 1986, is amended to read
8 as follows:
9 (a) Information transmitted by the [state division] office of
10 probation and correctional alternatives under subdivision five of
11 section 390.30 of the criminal procedure law and subdivision seven of
12 section 351.1 of the family court act which the board shall compile,
13 review and make recommendations on how to promote the use of restitution
14 and encourage its enforcement.
15 § 38. Subdivision 1 of section 643 of the executive law, as added by
16 chapter 94 of the laws of 1984, is amended to read as follows:
17 1. As used in this section, "crime victim-related agency" means any
18 agency of state government which provides services to or deals directly
19 with crime victims, including (a) the [department of social services]
20 office of children and family services, the office [of] for the aging,
21 the division of veterans affairs, [the division of probation,] the divi-
22 sion of parole, [the crime victims board,] the department of motor vehi-
23 cles, the office of vocational rehabilitation, the workers' compensation
24 board, the department of health, the division of criminal justice
25 services, the office of mental health, every transportation authority
26 and the division of state police, and (b) any other agency so designated
27 by the governor within ninety days of the effective date of this
28 section.
29 § 39. Subdivision 9 of section 835 of the executive law, as amended by
30 chapter 602 of the laws of 2008, is amended to read as follows:
31 9. "Qualified agencies" means courts in the unified court system, the
32 administrative board of the judicial conference, probation departments,
33 sheriffs' offices, district attorneys' offices, the state department of
34 correctional services[, the state division of probation], the department
35 of correction of any municipality, the insurance frauds bureau of the
36 state department of insurance, the office of professional medical
37 conduct of the state department of health for the purposes of section
38 two hundred thirty of the public health law, the child protective
39 services unit of a local social services district when conducting an
40 investigation pursuant to subdivision six of section four hundred twen-
41 ty-four of the social services law, the office of Medicaid inspector
42 general, the temporary state commission of investigation, the criminal
43 investigations bureau of the banking department, police forces and
44 departments having responsibility for enforcement of the general crimi-
45 nal laws of the state and the Onondaga County Center for Forensic
46 Sciences Laboratory when acting within the scope of its law enforcement
47 duties.
48 § 40. Subdivision 8 of section 92 of the public officers law, as
49 amended by chapter 336 of the laws of 1992, is amended to read as
50 follows:
51 (8) Public safety agency record. The term "public safety agency
52 record" means a record of the commission of correction, the temporary
53 state commission of investigation, the department of correctional
54 services, the [division for youth] office of children and family
55 services, the division of parole, the [crime victims board] office of
56 victim services, the [division] office of probation and correctional
S. 6606--B 20 A. 9706--C
1 alternatives or the division of state police or of any agency or compo-
2 nent thereof whose primary function is the enforcement of civil or crim-
3 inal statutes if such record pertains to investigation, law enforcement,
4 confinement of persons in correctional facilities or supervision of
5 persons pursuant to criminal conviction or court order, and any records
6 maintained by the division of criminal justice services pursuant to
7 sections eight hundred thirty-seven, eight hundred thirty-seven-a, eight
8 hundred thirty-seven-b, eight hundred thirty-seven-c, eight hundred
9 thirty-eight, eight hundred thirty-nine, eight hundred forty-five, and
10 eight hundred forty-five-a of the executive law and by the department of
11 state pursuant to section ninety-nine of the executive law.
12 § 41. The opening paragraph of paragraph (b) of subdivision 6 of
13 section 1198 of the vehicle and traffic law, as amended by chapter 669
14 of the laws of 2007, is amended to read as follows:
15 After consultation with manufacturers of ignition interlock devices
16 and the national highway traffic safety administration, the commissioner
17 of the department of health, in consultation with the commissioner and
18 the [director of the division] office of probation and correctional
19 alternatives, shall promulgate regulations regarding standards for, and
20 use of, ignition interlock devices. Such standards shall include
21 provisions for setting a minimum and maximum calibration range and shall
22 include, but not be limited to, requirements that the devices:
23 § 42. Paragraph hh of subdivision 1 of section 3-0301 of the environ-
24 mental conservation law, as amended by chapter 461 of the laws of 1990,
25 is amended to read as follows:
26 hh. Cooperate with the [division] office of probation and correctional
27 alternatives by identifying appropriate worksites where persons perform-
28 ing community service as part of a criminal disposition may be assigned
29 to provide cleanup and other maintenance services in order to preserve
30 and enhance the state's natural beauty and human-made scenic qualities.
31 Such sites may include but are not limited to the state's shorelines,
32 beaches, parks, roadways, historic sites and other natural or human-made
33 resources.
34 § 43. Paragraph (m) of subdivision 1 of section 2782 of the public
35 health law, as amended by chapter 193 of the laws of 1991, is amended to
36 read as follows:
37 (m) an employee or agent of the [division] office of probation and
38 correctional alternatives or any local probation department, in accord-
39 ance with paragraph (a) of subdivision two of section twenty-seven
40 hundred eighty-six of this article, to the extent the employee or agent
41 is authorized to access records containing such information in order to
42 carry out the [division's] office's or department's functions, powers
43 and duties with respect to the protected individual, pursuant to arti-
44 cles twelve and twelve-A of the executive law;
45 § 44. Subdivision 2-f of section 3.09 of the parks, recreation and
46 historic preservation law, as amended by chapter 461 of the laws of 1990
47 and as separately renumbered by chapters 460 and 552 of the laws of
48 2001, is amended to read as follows:
49 2-f. Cooperate with the [division] office of probation and correction-
50 al alternatives by identifying appropriate worksites where persons
51 performing community service as part of a criminal disposition may be
52 assigned to provide cleanup and other maintenance services in order to
53 preserve and enhance the state's natural beauty and human-made scenic
54 qualities. Such sites may include but are not limited to the state's
55 shorelines, beaches, parks, roadways, historic sites and other natural
56 or human-made resources.
S. 6606--B 21 A. 9706--C
1 § 45. Paragraph 2 of subdivision (a) of section 19.09 of the mental
2 hygiene law, as added by chapter 223 of the laws of 1992, is amended to
3 read as follows:
4 (2) Upon the request of a state agency, including but not limited to
5 the department of correctional services, the [state division] office of
6 probation and correctional alternatives, the [division for youth] office
7 of children and family services, and the board of parole, the commis-
8 sioner shall have the power to provide alcoholism, substance abuse, and
9 chemical dependence services either directly or through agreements with
10 local certified or approved providers to persons in the custody or under
11 the jurisdiction of the requesting agency within amounts available and
12 within priorities established through the planning process.
13 § 46. Subdivision 4 of section 65.10 of the penal law, as added by
14 chapter 653 of the laws of 1996, is amended to read as follows:
15 4. Electronic monitoring. When imposing a sentence of probation the
16 court may, in addition to any conditions imposed pursuant to subdivi-
17 sions two and three of this section, require the defendant to submit to
18 the use of an electronic monitoring device and/or to follow a schedule
19 that governs the defendant's daily movement. Such condition may be
20 imposed only where the court, in its discretion, determines that requir-
21 ing the defendant to comply with such condition will advance public
22 safety, probationer control or probationer surveillance. Electronic
23 monitoring shall be used in accordance with uniform procedures developed
24 by the [division] office of probation and correctional alternatives.
25 § 47. Subdivision 1 of section 89-e of the correction law, as amended
26 by chapter 550 of the laws of 1987, is amended to read as follows:
27 1. The alternate correctional facility review panel is hereby estab-
28 lished and shall consist of the commissioner, the chairman of the state
29 commission of correction, the chairman of the board of parole, the
30 director of the [division] office of probation and correctional alterna-
31 tives, the commissioner of correction of the city of New York, the pres-
32 ident of the New York State Sheriffs' Association Institute, Inc., and
33 the president of the Correctional Association of New York or their
34 designees. The governor shall appoint a chairman and vice-chairman from
35 among the members.
36 § 48. Subdivision 4 of section 270 of the correction law, as added by
37 section 1 of part SS of chapter 56 of the laws of 2009, is amended to
38 read as follows:
39 4. "Division" means the division of [probation and correctional alter-
40 natives] criminal justice services.
41 § 49. Subdivision 1 of section 705 of the correction law, as amended
42 by chapter 193 of the laws of 1991, is amended to read as follows:
43 1. All applications, certificates and orders of revocation necessary
44 for the purposes of this article shall be upon forms prescribed pursuant
45 to agreement among the state commissioner of correctional services, the
46 chairman of the state board of parole and the administrator of the state
47 judicial conference. Such forms relating to certificates of relief from
48 disabilities shall be distributed by the [director of the state divi-
49 sion] office of probation and correctional alternatives and forms relat-
50 ing to certificates of good conduct shall be distributed by the chairman
51 of the board of parole.
52 § 50. The opening paragraph of subdivision 4 and subdivision 5 of
53 section 390.30 of the criminal procedure law, the opening paragraph of
54 subdivision 4 as amended by chapter 618 of the laws of 1992 and subdivi-
55 sion 5 as added by chapter 14 of the laws of 1985, are amended to read
56 as follows:
S. 6606--B 22 A. 9706--C
1 In lieu of the procedure set forth in subdivisions one, two and three
2 of this section, where the conviction is of a misdemeanor the scope of
3 the pre-sentence investigation may be abbreviated and a short form
4 report may be made. The use of abbreviated investigations and short
5 form reports, the matters to be covered therein and the form of the
6 reports shall be in accordance with the general rules regulating methods
7 and procedures in the administration of probation as adopted from time
8 to time by the [state director of probation and correctional alterna-
9 tives] commissioner of the division of criminal justice services pursu-
10 ant to the provisions of article twelve of the executive law. No such
11 rule, however, shall be construed so as to relieve the agency conducting
12 the investigation of the duty of investigating and reporting upon:
13 5. Information to be forwarded to the [state division] office of
14 probation and correctional alternatives. Investigating agencies under
15 this article shall be responsible for the collection, and transmission
16 to the [state division] office of probation and correctional alterna-
17 tives, of data on the number of victim impact statements prepared,
18 pursuant to regulations of the [division] office. Such information
19 shall be transmitted to the [crime victims board] office of victim
20 services and included in the [board's] office's annual report pursuant
21 to subdivision twenty of section six hundred twenty-three of the execu-
22 tive law.
23 § 51. Subdivision 1 of section 410.80 of the criminal procedure law,
24 as amended by chapter 191 of the laws of 2007, is amended to read as
25 follows:
26 1. Authority to transfer supervision. Where a probationer at the time
27 of sentencing resides in another jurisdiction within the state, the
28 sentencing court shall transfer supervision to the appropriate probation
29 department in such other jurisdiction. Where, after a probation sentence
30 is pronounced, a probationer desires to reside in another jurisdiction
31 within the state that is not served by the sentencing court, such court,
32 in its discretion, may approve a change in residency and, upon approval,
33 shall transfer supervision to the appropriate probation department serv-
34 ing the county of the probationer's proposed new residence. Any transfer
35 under this subdivision must be in accordance with rules adopted by the
36 [director] commissioner of the [state] division of [probation and
37 correctional alternatives] criminal justice services.
38 § 52. Subdivision 8 of section 420.10 of the criminal procedure law,
39 as amended by chapter 506 of the laws of 1985, paragraph (a) as sepa-
40 rately amended by chapters 134, 233 and 506 of the laws of 1985 and
41 paragraph (b) as separately amended by chapters 134 and 506 of the laws
42 of 1985, is amended to read as follows:
43 8. Designation of restitution agency. (a) The chief elected official
44 in each county, and in the city of New York the mayor, shall designate
45 an official or organization other than the district attorney to be
46 responsible for the collection and administration of restitution and
47 reparation payments under provisions of the penal law and this chapter[;
48 provided, however, that where the state division of probation and
49 correctional alternatives provides for and delivers probation services
50 pursuant to the provisions of section two hundred forty-seven of the
51 executive law the state division of probation and correctional alterna-
52 tives shall have the first option of designating such agency as the
53 restitution agency for such county]. This official or organization shall
54 be eligible for the designated surcharge provided for by subdivision
55 eight of section 60.27 of the penal law.
S. 6606--B 23 A. 9706--C
1 (b) The restitution agency, as designated by paragraph (a) of this
2 subdivision, shall be responsible for the collection of data on a month-
3 ly basis regarding the numbers of restitution and reparation orders
4 issued, the numbers of satisfied restitution and reparation orders and
5 information concerning the types of crimes for which such orders were
6 required. A probation department designated as the restitution agency
7 shall then forward such information to the [director of the state divi-
8 sion] office of probation and correctional alternatives within the first
9 ten days following the end of each month [who shall transmit such infor-
10 mation to the division of criminal justice services]. In all other cases
11 the restitution agency shall report to the division of criminal justice
12 services directly. The division of criminal justice services shall
13 compile and review all such information and make recommendations to
14 promote the use of restitution and encourage its enforcement.
15 § 53. Section 252-a of the family court act, as added by chapter 55 of
16 the laws of 1992, is amended to read as follows:
17 § 252-a. Fees. (a) Notwithstanding any other provision of law, every
18 county, including the city of New York, may adopt a local law authoriz-
19 ing its probation department which is ordered to conduct an investi-
20 gation pursuant to section six hundred fifty-three of this [chapter]
21 act, to be entitled to a fee of not less than fifty dollars and not more
22 than five hundred dollars from the parties in such proceeding for
23 performing such investigation. Such fee shall be based on the party's
24 ability to pay the fee and the schedule for payment shall be fixed by
25 the court issuing the order for investigation, pursuant to the guide-
26 lines issued by the [director of the division] office of probation and
27 correctional alternatives, and may in the discretion of the court be
28 waived when the parties lack sufficient means to pay the fee. The court
29 shall apportion the fee between the parties based upon the respective
30 financial circumstances of the parties and the equities of the case.
31 (b) Fees pursuant to this section shall be paid directly to the local
32 probation department to be retained and utilized for local probation
33 services, and shall not be considered by the [division] office of
34 probation and correctional alternatives when determining state aid
35 [reimbursement] pursuant to section two hundred forty-six of the execu-
36 tive law.
37 § 54. Subdivision 7 of section 351.1 of the family court act, as added
38 by chapter 418 of the laws of 1986, is amended to read as follows:
39 7. The probation services which prepare the investigation reports
40 shall be responsible for the collection and transmission to the [state
41 division] office of probation and correctional alternatives, of data on
42 the number of victim impact statements prepared, pursuant to regulations
43 of the division. Such information shall be transmitted to the [crime
44 victims board] office of victim services and included in the [board's]
45 office's annual report pursuant to subdivision twenty of section six
46 hundred twenty-three of the executive law.
47 § 55. Subdivision 2 of section 385.1 of the family court act, as
48 amended by chapter 134 of the laws of 1985, is amended to read as
49 follows:
50 2. The [division] office of probation and correctional alternatives
51 shall include in its annual report to the legislature and the governor
52 information, by county, showing the total number of delinquency cases
53 adjusted prior to filing.
54 § 56. Section 177-e of the judiciary law is REPEALED.
S. 6606--B 24 A. 9706--C
1 § 57. Paragraph (g) of subdivision 1 of section 1193 of the vehicle
2 and traffic law, as added by chapter 496 of the laws of 2009, is amended
3 to read as follows:
4 (g) The [division] office of probation and correctional alternatives
5 shall [promulgate] recommend to the commissioner of the division of
6 criminal justice services regulations governing the monitoring of
7 compliance by persons ordered to install and maintain ignition interlock
8 devices to provide standards for monitoring by departments of probation,
9 and options for monitoring of compliance by such persons, that counties
10 may adopt as an alternative to monitoring by a department of probation.
11 § 58. Subdivision 5 of section 257-c of the executive law, as added by
12 chapter 55 of the laws of 1992, is amended to read as follows:
13 5. Monies collected pursuant to this section shall be utilized for
14 probation services by the local probation department. Such moneys shall
15 not be considered by the division when determining state aid [reimburse-
16 ment] pursuant to section two hundred forty-six of the executive law.
17 Monies collected shall not be used to replace federal funds otherwise
18 utilized for probation services.
19 § 59. Section 385.2 of the family court act, as amended by chapter 134
20 of the laws of 1985, is amended to read as follows:
21 § 385.2. Consolidation of records within a city having a population of
22 one million or more. Notwithstanding any other provision of law, in a
23 city having a population of one million or more, an index of the records
24 of the local probation departments located in the counties comprising
25 such city for proceedings under article three shall be consolidated and
26 filed in a central office for use by the family court and local
27 probation service in each such county. After consultation with the state
28 administrative judge, the commissioner of the division of criminal
29 justice services in consultation with the [state] director of the office
30 of probation and correctional alternatives shall specify the information
31 to be contained in such index and the organization of such consolidated
32 file.
33 § 60. Section 783-a of the family court act, as amended by chapter 134
34 of the laws of 1985, is amended to read as follows:
35 § 783-a. Consolidation of records within a city having a population of
36 one million or more. Notwithstanding any other provision of law, in a
37 city having a population of one million or more, an index of the records
38 of the local probation departments located in the counties comprising
39 such city for proceedings under article seven shall be consolidated and
40 filed in a central office for use by the family court and local
41 probation service in each such county. After consultation with the state
42 administrative judge, the commissioner of the division of criminal
43 justice services, in consultation with the [state] director of the
44 office of probation and correctional alternatives shall specify the
45 information to be contained in such index and the organization of such
46 consolidated file.
47 § 61. Paragraph (b) of subdivision 4 of section 34-a of the social
48 services law, as added by section 18 of part E of chapter 57 of the laws
49 of 2005, is amended to read as follows:
50 (b) The commissioner of the office of children and family services
51 shall review and approve or disapprove the diversion services portion of
52 the plan jointly with the director of the office of probation and
53 correctional alternatives or any other successor agency or entity. The
54 requirements for the portion of the plan and report regarding the
55 provision of diversion services shall be jointly established by the
56 commissioner of the office of children and family services and the
S. 6606--B 25 A. 9706--C
1 director of the office of probation and correctional alternatives or any
2 other successor agency or entity. The multi-year services plan and
3 where appropriate the annual implementation reports shall be based upon
4 a written understanding between the local social services district and
5 the probation department which outlines the cooperative procedures to be
6 followed by both parties regarding diversion services pursuant to
7 section seven hundred thirty-five of the family court act, consistent
8 with their respective obligations as otherwise required by law.
9 § 62. Subdivision 1 of section 483 of the social services law, as
10 added by section 2 of part F2 of chapter 62 of the laws of 2003, is
11 amended to read as follows:
12 1. There shall be a council on children and families established with-
13 in the office of children and family services consisting of the follow-
14 ing members: the state commissioner of children and family services, the
15 commissioner of temporary and disability assistance, the commissioner of
16 mental health, the commissioner of mental retardation and developmental
17 disabilities, the commissioner of the office of alcoholism and substance
18 abuse services, the commissioner of education, the [state] director of
19 the office of probation and correctional alternatives, the commissioner
20 of health, the commissioner of the division of criminal justice
21 services, the state advocate for persons with disabilities, the director
22 of the office for the aging, the commissioner of labor, and the chair of
23 the commission on quality of care for the mentally disabled. The gover-
24 nor shall designate the chair of the council and the chief executive
25 officer (CEO).
26 § 63. Subparagraph (i) of paragraph (a) of subdivision 3 of section
27 483-c of the social services law, as added by section 2 of part F2 of
28 chapter 62 of the laws of 2003, is amended to read as follows:
29 (i) State tier III team. There is hereby established a state team
30 designated as the "tier III team", which shall consist of the chair of
31 the council, the commissioners of children and family services, mental
32 health, health, education, alcohol and substance abuse services, and
33 mental retardation and developmental disabilities, and the director of
34 the office of probation and correctional alternatives, or their desig-
35 nated representatives, and representatives of families of children with
36 emotional and/or behavioral disorders. Other representatives may be
37 added at the discretion of such team.
38 § 64. Subdivision 3 of section 702 of the correction law, as amended
39 by chapter 134 of the laws of 1985, is amended to read as follows:
40 3. Where a certificate of relief from disabilities is not issued at
41 the time sentence is pronounced it shall only be issued thereafter upon
42 verified application to the court. The court may, for the purpose of
43 determining whether such certificate shall be issued, request its
44 probation service to conduct an investigation of the applicant, or if
45 the court has no probation service it may request the probation service
46 of the county court for the county in which the court is located to
47 conduct such investigation[, or if there be no such probation service
48 the court may request the state director of probation and correctional
49 alternatives to arrange for such investigation]. Any probation officer
50 requested to make an investigation pursuant to this section shall
51 prepare and submit to the court a written report in accordance with such
52 request.
53 § 65. Subdivision 4 of section 995-c of the executive law, as added by
54 chapter 737 of the laws of 1994, is amended to read as follows:
55 4. The commissioner of the division of criminal justice services, in
56 consultation with the commission, the commissioner of health, the [divi-
S. 6606--B 26 A. 9706--C
1 sions] division of parole [and], the director of the office of probation
2 and correctional alternatives and the department of correctional
3 services, shall promulgate rules and regulations governing the proce-
4 dures for notifying designated offenders of the requirements of this
5 section.
6 § 66. Paragraph (c) of subdivision 1 of section 169 of the executive
7 law, as amended by chapter 634 of the laws of 1998, is amended to read
8 as follows:
9 (c) commissioner of agriculture and markets, commissioner of alcohol-
10 ism and substance abuse services, adjutant general, commissioner and
11 president of state civil service commission, commissioner of economic
12 development, chair of the energy research and development authority,
13 executive director of the board of real property services, president of
14 higher education services corporation, commissioner of motor vehicles,
15 member-chair of board of parole, [director of probation and correctional
16 alternatives,] chair of public employment relations board, secretary of
17 state, chair of the state racing and wagering board, commissioner of
18 alcoholism and substance abuse services, executive director of the hous-
19 ing finance agency, commissioner of housing and community renewal, exec-
20 utive director of state insurance fund, commissioner-chair of state
21 liquor authority, chair of the workers' compensation board;
22 § 67. Subdivision 1 of section 221-a of the executive law, as amended
23 by chapter 107 of the laws of 2004, is amended to read as follows:
24 1. The superintendent, in consultation with the division of criminal
25 justice services, office of court administration, [the division of
26 probation and correctional alternatives,] the state office for the
27 prevention of domestic violence and the division for women, shall devel-
28 op a comprehensive plan for the establishment and maintenance of a
29 statewide computerized registry of all orders of protection issued
30 pursuant to articles four, five, six and eight of the family court act,
31 section 530.12 of the criminal procedure law and, insofar as they
32 involve victims of domestic violence as defined by section four hundred
33 fifty-nine-a of the social services law, section 530.13 of the criminal
34 procedure law and sections two hundred forty and two hundred fifty-two
35 of the domestic relations law, and orders of protection issued by courts
36 of competent jurisdiction in another state, territorial or tribal juris-
37 diction, special orders of conditions issued pursuant to subparagraph
38 (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
39 criminal procedure law insofar as they involve a victim or victims of
40 domestic violence as defined by subdivision one of section four hundred
41 fifty-nine-a of the social services law or a designated witness or
42 witnesses to such domestic violence, and all warrants issued pursuant to
43 sections one hundred fifty-three and eight hundred twenty-seven of the
44 family court act, and arrest and bench warrants as defined in subdivi-
45 sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
46 nal procedure law, insofar as such warrants pertain to orders of
47 protection or temporary orders of protection; provided, however, that
48 warrants issued pursuant to section one hundred fifty-three of the fami-
49 ly court act pertaining to articles three, seven and ten of such act and
50 section 530.13 of the criminal procedure law shall not be included in
51 the registry. The superintendent shall establish and maintain such
52 registry for the purposes of ascertaining the existence of orders of
53 protection, temporary orders of protection, warrants and special orders
54 of conditions, and for enforcing the provisions of paragraph (b) of
55 subdivision four of section 140.10 of the criminal procedure law.
S. 6606--B 27 A. 9706--C
1 § 68. Section 354-a of the executive law, as amended by chapter 355 of
2 the laws of 2004, is amended to read as follows:
3 § 354-a. Information on status of veterans receiving assistance.
4 Departments, divisions, bureaus, boards, commissions and agencies of the
5 state and political subdivisions thereof, which provide assistance,
6 treatment, counseling, care, supervision or custody in service areas
7 involving health, mental health, family services, criminal justice or
8 employment, including but not limited to the office of alcoholism and
9 substance abuse services, office of mental health, [division] office of
10 probation and correctional alternatives, office of children and family
11 services, office of temporary and disability assistance, department of
12 health, department of labor, local workforce investment boards, office
13 of mental retardation and developmental disabilities, department of
14 correctional services and division of parole, shall request assisted
15 persons to provide information with regard to their veteran status and
16 military experiences. Individuals identifying themselves as veterans
17 shall be advised that the division of veterans' affairs and local veter-
18 ans' service agencies established pursuant to section three hundred
19 fifty-seven of this article provide assistance to veterans regarding
20 benefits under federal and state law. Information regarding veterans
21 status and military service provided by assisted persons solely to
22 implement this section shall be protected as personal confidential
23 information under article six-A of the public officers law against
24 disclosure of confidential material, and used only to assist in the
25 diagnosis, treatment, assessment and handling of the veteran's problems
26 within the agency requesting such information and in referring the
27 veteran to the division of veterans' affairs for information and assist-
28 ance with regard to benefits and entitlements under federal and state
29 law.
30 § 69. Paragraph (b) of subdivision 4 of section 575 of the executive
31 law, as amended by chapter 255 of the laws of 2008, is amended to read
32 as follows:
33 (b) The advisory council shall consist of nine members and fourteen
34 ex-officio members. Each member shall be appointed to serve for a term
35 of three years and shall continue in office until a successor appointed
36 member is made. A member appointed to fill a vacancy shall be appointed
37 for the unexpired term of the member he or she is to succeed. All of the
38 members shall be individuals with expertise in the area of domestic
39 violence. Three members shall be appointed by the governor, two members
40 shall be appointed upon the recommendation of the temporary president of
41 the senate, two members shall be appointed upon the recommendation of
42 the speaker of the assembly, one member shall be appointed upon the
43 recommendation of the minority leader of the senate, and one member
44 shall be appointed upon the recommendation of the minority leader of the
45 assembly. The ex-officio members of the advisory board shall consist of
46 one representative from the staff of each of the following state depart-
47 ments and divisions: office of temporary and disability services;
48 department of health; education department; office of mental health;
49 division of alcoholism and alcohol abuse; division of criminal justice
50 services; [division] office of probation and correctional alternatives;
51 office of children and family services; crime victims board; office of
52 court administration; department of labor; state office for the aging;
53 department of correctional services; and the division of parole.
54 § 70. Paragraphs (a) and (b) of subdivision 5 of section 576 of the
55 executive law, as added by chapter 463 of the laws of 1992, is amended
56 to read as follows:
S. 6606--B 28 A. 9706--C
1 (a) The office shall, in conjunction with the [division] office of
2 probation and correctional alternatives, provide or arrange to be
3 provided technical assistance and training as requested or necessary to
4 programs approved pursuant to this act to develop appropriate services
5 and train staff, improve coordination with the domestic violence
6 program, other appropriate support services, the criminal justice
7 system, including the judiciary, the police, the district attorney, and
8 other appropriate officials and services.
9 (b) The office shall, in conjunction with the [division] office of
10 probation and correctional alternatives, provide any requested or neces-
11 sary assistance to local departments of probation to assist in the
12 development of local plans, policies and procedures for case referral,
13 coordination, and monitoring of clients with appropriate agencies and
14 persons.
15 § 71. Paragraph (a) of subdivision 20 of section 623 of the executive
16 law, as amended by chapter 418 of the laws of 1986, is amended to read
17 as follows:
18 (a) Information transmitted by the [state division] office of
19 probation and correctional alternatives under subdivision five of
20 section 390.30 of the criminal procedure law and subdivision seven of
21 section 351.1 of the family court act which the board shall compile,
22 review and make recommendations on how to promote the use of restitution
23 and encourage its enforcement.
24 § 72. This act shall take effect immediately; provided, however, that:
25 (a) the amendments to paragraphs a, b, e and i of subdivision 1 of
26 section 261 of the executive law made by section twenty-seven of this
27 act shall not affect the repeal of such section and shall be deemed
28 repealed therewith;
29 (b) the amendments to sections 262, 263, 264, 265, 266 and 267 of the
30 executive law made by sections twenty-eight, twenty-nine, thirty, thir-
31 ty-one, thirty-two and thirty-three of this act, shall not affect the
32 repeal of such sections and shall be deemed repealed therewith;
33 (c) the amendments to the opening paragraph of paragraph (b) of subdi-
34 vision 6 of section 1198 of the vehicle and traffic law made by section
35 forty-one of this act shall not affect the repeal of such section and
36 shall be deemed repealed therewith;
37 (d) the amendments to section 252-a of the family court act made by
38 section fifty-three of this act shall not affect the expiration of such
39 section and shall be deemed to expire therewith; and
40 (e) the amendments to subdivision 5 of section 257-c of the executive
41 law made by section fifty-eight of this act shall not affect the expira-
42 tion of such section and shall be deemed expired therewith.
43 PART A-1
44 Section 1. Subdivision 1 of section 643 of the executive law, as added
45 by chapter 94 of the laws of 1984, is amended to read as follows:
46 1. As used in this section, "crime victim-related agency" means any
47 agency of state government which provides services to or deals directly
48 with crime victims, including (a) the [department of social services]
49 office of children and family services, the office [of] for the aging,
50 the division of veterans affairs, the division of probation and correc-
51 tional alternatives, the division of parole, the [crime victims board]
52 office of victim services, the department of motor vehicles, the office
53 of vocational rehabilitation, the workers' compensation board, the
54 department of health, the division of criminal justice services, the
S. 6606--B 29 A. 9706--C
1 office of mental health, every transportation authority and the division
2 of state police, and (b) any other agency so designated by the governor
3 within ninety days of the effective date of this section.
4 § 2. Subdivision 8 of section 92 of the public officers law, as
5 amended by chapter 336 of the laws of 1992, is amended to read as
6 follows:
7 (8) Public safety agency record. The term "public safety agency
8 record" means a record of the commission of correction, the temporary
9 state commission of investigation, the department of correctional
10 services, the [division for youth] office of children and family
11 services, the division of parole, the [crime victims board] office of
12 victim services, the division of probation and correctional alternatives
13 or the division of state police or of any agency or component thereof
14 whose primary function is the enforcement of civil or criminal statutes
15 if such record pertains to investigation, law enforcement, confinement
16 of persons in correctional facilities or supervision of persons pursuant
17 to criminal conviction or court order, and any records maintained by the
18 division of criminal justice services pursuant to sections eight hundred
19 thirty-seven, eight hundred thirty-seven-a, eight hundred thirty-sev-
20 en-b, eight hundred thirty-seven-c, eight hundred thirty-eight, eight
21 hundred thirty-nine, eight hundred forty-five, and eight hundred forty-
22 five-a of the executive law and by the department of state pursuant to
23 section ninety-nine of the executive law.
24 § 3. Subdivision 7 of section 351.1 of the family court act, as added
25 by chapter 418 of the laws of 1986, is amended to read as follows:
26 7. The probation services which prepare the investigation reports
27 shall be responsible for the collection and transmission to the state
28 division of probation and correctional alternatives, of data on the
29 number of victim impact statements prepared, pursuant to regulations of
30 the division. Such information shall be transmitted to the [crime
31 victims board] office of victim services and included in the [board's]
32 office's annual report pursuant to subdivision twenty of section six
33 hundred twenty-three of the executive law.
34 § 4. Paragraph (b) of subdivision 4 of section 575 of the executive
35 law, as amended by chapter 255 of the laws of 2008, is amended to read
36 as follows:
37 (b) The advisory council shall consist of nine members and fourteen
38 ex-officio members. Each member shall be appointed to serve for a term
39 of three years and shall continue in office until a successor appointed
40 member is made. A member appointed to fill a vacancy shall be appointed
41 for the unexpired term of the member he or she is to succeed. All of the
42 members shall be individuals with expertise in the area of domestic
43 violence. Three members shall be appointed by the governor, two members
44 shall be appointed upon the recommendation of the temporary president of
45 the senate, two members shall be appointed upon the recommendation of
46 the speaker of the assembly, one member shall be appointed upon the
47 recommendation of the minority leader of the senate, and one member
48 shall be appointed upon the recommendation of the minority leader of the
49 assembly. The ex-officio members of the advisory board shall consist of
50 one representative from the staff of each of the following state depart-
51 ments and divisions: office of temporary and disability services;
52 department of health; education department; office of mental health;
53 [division] office of alcoholism and [alcohol] substance abuse services;
54 division of criminal justice services; division of probation and correc-
55 tional alternatives; office of children and family services; [crime
56 victims board] office of victim services; office of court adminis-
S. 6606--B 30 A. 9706--C
1 tration; department of labor; state office for the aging; department of
2 correctional services; and the division of parole.
3 § 5. Subdivision (a) of section 483-ee of the social services law, as
4 added by chapter 74 of the laws of 2007, is amended to read as follows:
5 (a) There is established an interagency task force on trafficking in
6 persons, which shall consist of the following members or their desig-
7 nees: (1) the commissioner of the division of criminal justice services;
8 (2) the commissioner of the office of temporary and disability assist-
9 ance; (3) the commissioner of health; (4) the commissioner of the office
10 of mental health; (5) the commissioner of labor; (6) the commissioner of
11 the office of children and family services; (7) the commissioner of the
12 office of alcoholism and substance abuse services; (8) the [chairperson]
13 director of the [crime victims board] office of victim services; (9) the
14 executive director of the office for the prevention of domestic
15 violence; and (10) the superintendent of the division of state police;
16 and others as may be necessary to carry out the duties and responsibil-
17 ities under this section. The task force will be co-chaired by the
18 commissioners of the division of criminal justice services and the
19 office of temporary and disability assistance, or their designees. It
20 shall meet as often as is necessary and under circumstances as are
21 appropriate to fulfilling its duties under this section.
22 § 6. Subdivision 1 of section 621 of the executive law, as amended by
23 chapter 17 of the laws of 1982, is amended to read as follows:
24 1. ["Board" shall mean the crime victims board] "Office" shall mean
25 the office of victim services.
26 § 7. Section 622 of the executive law is REPEALED and a new section
27 622 is added to read as follows:
28 § 622. Office of victim services. There is hereby created in the exec-
29 utive department the office of victim services, hereinafter in this
30 article referred to as the "office". The office shall be headed by a
31 director, who shall be appointed by the governor for a term of three
32 years. The director shall coordinate and recommend policy relating to
33 the provision of services to crime victims. The director shall appoint
34 staff and perform such other functions to ensure the efficient operation
35 of the office within the amounts made available therefor by appropri-
36 ation.
37 § 8. Section 623 of the executive law, as added by chapter 894 of the
38 laws of 1966, subdivisions 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20
39 and 21 as added by chapter 688 of the laws of 1985, subdivision 18 as
40 amended by chapter 74 of the laws of 1986, paragraph (a) of subdivision
41 20 as amended by chapter 418 of the laws of 1986 and subdivision 22 as
42 added by chapter 346 of the laws of 1986, is amended to read as follows:
43 § 623. Powers and duties of the [board] office. The [board] office
44 shall have the following powers and duties:
45 1. To establish and maintain a principal office and such other offices
46 within the state as it may deem necessary.
47 2. To appoint a secretary, counsel, clerks and such other employees
48 and agents as it may deem necessary, fix their compensation within the
49 limitations provided by law, and prescribe their duties.
50 3. To adopt, promulgate, amend and rescind suitable rules and regu-
51 lations to carry out the provisions and purposes of this article,
52 including rules for the determination of claims, rules for the approval
53 of attorneys' fees for representation before the [board] office and/or
54 before the appellate division upon judicial review as provided for in
55 section six hundred twenty-nine of this article, and rules for the
S. 6606--B 31 A. 9706--C
1 authorization of qualified persons to assist claimants in the prepara-
2 tion of claims for presentation to the [board or board members] office.
3 4. To request from the division of state police, from county or
4 municipal police departments and agencies and from any other state or
5 municipal department or agency, or public authority, and the same are
6 hereby authorized to provide, such assistance and data as will enable
7 the [board] office to carry out its functions and duties.
8 5. To hear and determine all claims for awards filed with the [board]
9 office pursuant to this article, and to reinvestigate or reopen cases as
10 [the board deems] necessary.
11 6. To direct medical examination of victims.
12 7. To hold hearings, administer oaths or affirmations, examine any
13 person under oath or affirmation and to issue subpoenas requiring the
14 attendance and giving of testimony of witnesses and require the
15 production of any books, papers, documentary or other evidence. The
16 powers provided in this subdivision may be delegated by the [board]
17 director to any member or employee [thereof] of the office. A subpoena
18 issued under this subdivision shall be regulated by the civil practice
19 law and rules.
20 8. To take or cause to be taken affidavits or depositions within or
21 without the state.
22 9. To establish and maintain a special investigative unit to expedite
23 processing of claims by senior citizens and special emergency situ-
24 ations, and to promote the establishment of a volunteer program of home
25 visitation to elderly and invalid victims of violent crime.
26 10. To advise and assist the governor in developing policies designed
27 to recognize the legitimate rights, needs and interests of crime
28 victims.
29 11. To coordinate state programs and activities relating to crime
30 victims.
31 12. To cooperate with and assist political subdivisions of the state
32 and not-for-profit organizations in the development of local programs
33 for crime victims.
34 13. To study the operation of laws and procedures affecting crime
35 victims and recommend to the governor and legislature proposals to
36 improve the administration and effectiveness of such laws.
37 14. To establish an advisory council to assist in formulation of poli-
38 cies on the problems of crime victims and to provide recommendations to
39 the director to improve the delivery of services to victims by the
40 office.
41 15. To [advocate] work with national associations, statewide coali-
42 tions, regional coalitions, victim service providers, and other advo-
43 cates to address and advance the rights and interests of crime victims
44 of the state [before federal, state and local administrative, regulato-
45 ry, legislative, judicial and criminal justice agencies].
46 16. To promote and conduct studies, research, analyses and investi-
47 gations of matters affecting the interests of crime victims.
48 17. To [sponsor conferences relating to the problems of crime
49 victims] coordinate training opportunities for crime victim advocates
50 and service providers.
51 18. To serve as a clearinghouse for information relating to crime
52 victims' problems and programs.
53 19. To accept, with the approval of the governor, as agent of the
54 state, any grant including federal grants, or any gift for the purposes
55 of this article. Any monies so received may be expended by the [board]
S. 6606--B 32 A. 9706--C
1 office to effectuate any purpose of this article, subject to the appli-
2 cable provisions of the state finance law.
3 20. To render each year to the governor and to the legislature, on or
4 before December first of each year, a written report on the [board's]
5 office's activities including, but not limited to, specific information
6 on each of the subdivisions of this section, and the manner in which the
7 rights, needs and interests of crime victims are being addressed by the
8 state's criminal justice system. Such report shall also include, but not
9 be limited to:
10 (a) Information transmitted by the state division of probation and
11 correctional alternatives under subdivision five of section 390.30 of
12 the criminal procedure law and subdivision seven of section 351.1 of the
13 family court act which the [board] office shall compile, review and make
14 recommendations on how to promote the use of restitution and encourage
15 its enforcement.
16 (b) Information relating to the implementation of and compliance with
17 article twenty-three of this chapter by the criminal justice agencies
18 and the "crime victim-related agencies" of the state. Such report shall
19 also include but not be limited to information regarding crime victim
20 service programs, including:
21 (1) the programs funded by the office;
22 (2) other sources of funding for crime victims service programs;
23 (3) an assessment of the adequacy of the current level of appropri-
24 ation to the office to meet the reasonable needs of crime victims
25 service programs for funding under section six hundred thirty-one-a of
26 this article; and
27 (4) an estimate of the reasonable needs of programs in the next fiscal
28 year.
29 21. To make grants to local crime victim service programs and carry
30 out related duties under section six hundred thirty-one-a of this arti-
31 cle.
32 22. To delegate to specified employees of the [board] office the
33 power to disallow claims under circumstances where regulations of the
34 [board] office provide for disallowance without prejudice to the reopen-
35 ing of claims.
36 § 9. Paragraph (i) of subdivision 1 and subdivision 2 of section 624
37 of the executive law, paragraph (i) of subdivision 1 as amended by chap-
38 ter 427 of the laws of 1999 and subdivision 2 as amended by chapter 859
39 of the laws of 1990, are amended to read as follows:
40 (i) a surviving spouse of a crime victim who died from causes not
41 directly related to the crime when such victim died prior to filing a
42 claim with the [board] office or subsequent to filing a claim but prior
43 to the rendering of a decision by the [board] office. Such award shall
44 be limited to out-of-pocket loss incurred as a direct result of the
45 crime; and
46 2. A person who is criminally responsible for the crime upon which a
47 claim is based or an accomplice of such person shall not be eligible to
48 receive an award with respect to such claim. A member of the family of
49 a person criminally responsible for the crime upon which a claim is
50 based or a member of the family of an accomplice of such person, shall
51 be eligible to receive an award, unless the [board] office determines
52 pursuant to regulations [adopted by the board] promulgated to carry out
53 the provisions and purposes of this article, that the person criminally
54 responsible will receive substantial economic benefit or unjust enrich-
55 ment from the compensation. In such circumstances the award may be
S. 6606--B 33 A. 9706--C
1 reduced or structured in such way as to remove the substantial economic
2 benefit or unjust enrichment to such person or the claim may be denied.
3 § 10. Section 625 of the executive law, as added by chapter 894 of the
4 laws of 1966, subdivision 1 as amended by chapter 115 of the laws of
5 1981, subdivision 2 as amended by chapter 359 of the laws of 2001 and
6 subdivision 4 as amended by chapter 726 of the laws of 1969, is amended
7 to read as follows:
8 § 625. Filing of claims. 1. A claim may be filed by a person eligible
9 to receive an award, as provided in section six hundred twenty-four of
10 this article, or, if such person is under the age of eighteen years, an
11 incompetent, or a conservatee, by his relative, guardian, committee,
12 conservator, or attorney.
13 2. A claim must be filed by the claimant not later than one year after
14 the occurrence or discovery of the crime upon which such claim is based,
15 one year after a court finds a lawsuit to be frivolous, or not later
16 than one year after the death of the victim, provided, however, that
17 upon good cause shown, the [board] office may extend the time for
18 filing. The [board] office shall extend the time for filing where the
19 claimant received no notice pursuant to section six hundred
20 twenty-five-a of this article and had no knowledge of eligibility pursu-
21 ant to section six hundred twenty-four of this article.
22 3. Claims shall be filed [in the office of the secretary of the board]
23 in person [or], by mail or electronically, in such manner as the office
24 may prescribe. The [secretary of the board] office shall accept for
25 filing all claims submitted by persons eligible under subdivision one of
26 this section and alleging the jurisdictional requirements set forth in
27 this article and meeting the requirements as to form in the rules and
28 regulations [of the board] promulgated to carry out the provisions and
29 purposes of this article.
30 4. Upon filing of a claim pursuant to this article, the [board] office
31 shall promptly notify the district attorney of the county wherein the
32 crime is alleged to have occurred. If, within ten days after such
33 notification, such district attorney advises the [board] office that a
34 criminal prosecution is pending upon the same alleged crime and requests
35 that action by the [board] office be deferred, the [board] office shall
36 defer all proceedings under this article until such time as such crimi-
37 nal prosecution has been concluded and shall so notify such district
38 attorney and the claimant. When such criminal prosecution has been
39 concluded, such district attorney shall promptly so notify the [board]
40 office. Nothing in this section shall limit the authority of the
41 [board] office to grant emergency awards pursuant to section six hundred
42 thirty of this article.
43 § 11. Paragraphs (e) and (f) of subdivision 1 of section 169 of the
44 executive law, paragraph (e) as amended by chapter 437 of the laws of
45 1995, and paragraph (f) as amended by chapter 83 of the laws of 1995,
46 are amended to read as follows:
47 (e) chairman of state athletic commission, chairman and executive
48 director of consumer protection board, [member-chairman of crime victims
49 board] director of the office of victim services, chairman of human
50 rights appeal board, chairman of the industrial board of appeals, chair-
51 man of the employment relations board, chairman of the state commission
52 of correction, members of the board of parole, members of the state
53 racing and wagering board, member-chairman of unemployment insurance
54 appeal board, director of veterans' affairs, and vice-chairman of the
55 workers' compensation board;
S. 6606--B 34 A. 9706--C
1 (f) executive director of adirondack park agency, commissioners of the
2 state liquor authority, commissioners of the state civil service commis-
3 sion, members of state commission of correction, members of the employ-
4 ment relations board, [members of crime victims board,] members of unem-
5 ployment insurance appeal board, and members of the workers'
6 compensation board.
7 § 12. Subdivision 4-b of section 257 of the executive law, as added by
8 chapter 62 of the laws of 2001, is amended to read as follows:
9 4-b. It shall be the duty of every probation officer to provide writ-
10 ten notice to probationers under the officer's supervision who may be
11 subject to any requirement to report to the [crime victims board] office
12 of victim services any funds of a convicted person as defined in section
13 six hundred thirty-two-a of this chapter, the procedures for such
14 reporting and any potential penalty for a failure to comply.
15 § 13. Subdivision 6-a of section 259-a of the executive law, as added
16 by chapter 62 of the laws of 2001, is amended to read as follows:
17 6-a. The division shall have the duty to provide written notice to
18 persons who are serving a term of parole, parole supervision, condi-
19 tional release or post release supervision of any requirement to report
20 to the [crime victims board] office of victim services any funds of a
21 convicted person as defined in section [six hundred thirty-a] six
22 hundred thirty-two-a of this chapter, the procedure for such reporting
23 and any potential penalty for a failure to comply.
24 § 14. Subdivision 16 of section 259-c of the executive law, as amended
25 by section 7 of part E of chapter 62 of the laws of 2003 and as renum-
26 bered by chapter 67 of the laws of 2008, is amended to read as follows:
27 16. have the duty to provide written notice to such inmates prior to
28 release on presumptive release, parole, parole supervision, conditional
29 release or post release supervision or pursuant to subdivision six of
30 section 410.91 of the criminal procedure law of any requirement to
31 report to the [crime victims board] office of victim services any funds
32 of a convicted person as defined in section six hundred thirty-two-a of
33 this chapter, the procedure for such reporting and any potential penalty
34 for a failure to comply.
35 § 15. Subdivision 1 of section 625-a of the executive law, as amended
36 by chapter 173 of the laws of 2006, is amended to read as follows:
37 1. Every police station, precinct house, any appropriate location
38 where a crime may be reported and any location required by the rules and
39 regulations of the [board] office shall have available informative book-
40 lets, pamphlets and other pertinent written information, including
41 information cards, to be supplied by the [board] office, relating to the
42 availability of crime victims compensation including all necessary
43 application blanks required to be filed with the [board] office and
44 shall display prominently posters giving notification of the existence
45 and general provisions of this article, those provisions of the penal
46 law that prohibit the intimidation of crime victims and the location of
47 the nearest crime victim service program. The [board] office may issue
48 guidelines for the location of such display and shall provide posters,
49 application forms, information cards and general information. Every
50 victim who reports a crime in any manner whatsoever shall be given
51 notice about the rights of crime victims and the existence of all rele-
52 vant local victim's assistance programs and services pursuant to section
53 six hundred twenty-five-b of this article, and supplied by the person
54 receiving the report with information, application blanks, and informa-
55 tion cards which shall clearly state: (a) that crime victims may be
56 eligible for state compensation benefits; (b) the address and phone
S. 6606--B 35 A. 9706--C
1 number of the [nearest board] office; (c) that police and district
2 attorneys can help protect victims against harassment and intimidation;
3 (d) the addresses and phone numbers of local victim service programs,
4 where appropriate, or space for inserting that information; or (e) any
5 other information the [board] office deems appropriate. Such cards shall
6 be designed by the [board] office in consultation with local police, and
7 shall be printed and distributed by the [board] office. The [crime
8 victims board] office shall develop a system for distributing a suffi-
9 cient supply of the information cards referred to in this subdivision,
10 to all the appropriate designated locations, which shall include a sche-
11 dule for meeting that requirement.
12 § 16. Section 625-b of the executive law, as added by chapter 173 of
13 the laws of 2006, is amended to read as follows:
14 § 625-b. Standardized victim notification and verification procedures
15 for police officers. 1. The commissioner of the division of criminal
16 justice services in cooperation with the [crime victims board] office
17 shall develop and implement a standardized procedure to be used by
18 police officers, county sheriffs' departments and state police officers
19 whereby victims of crime are notified about the rights of crime victims
20 and the existence of programs designed to assist crime victims.
21 2. In establishing a victims assistance notification procedure,
22 consideration shall be given to (a) developing a uniform method of
23 informing victims of crime of their rights and services available, (b)
24 including notification as part of a routine task performed in the course
25 of law enforcement duties, and (c) documenting a victim's receipt of
26 such notice.
27 3. All state or municipal printed forms for a police primary investi-
28 gation report shall include a space to indicate that the victim did or
29 did not receive information on victim's rights, [crime victims board]
30 office of victim services assistance and relevant local assistance
31 pursuant to subdivision one of section six hundred twenty-five-a of this
32 article.
33 § 17. Subdivisions 1 and 2 of section 626 of the executive law, subdi-
34 vision 1 as amended by chapter 408 of the laws of 2005 and subdivision 2
35 as amended by chapter 276 of the laws of 1998, are amended to read as
36 follows:
37 1. Out-of-pocket loss shall mean unreimbursed and unreimbursable
38 expenses or indebtedness reasonably incurred for medical care or other
39 services necessary as a result of the injury upon which such claim is
40 based, including such expenses incurred as a result of the exacerbation
41 of a pre-existing disability or condition directly resulting from the
42 crime or causally related to the crime. Such expenses or indebtedness
43 shall include the cost of counseling for the eligible spouse, grandpar-
44 ents, parents, stepparents, guardians, brothers, sisters, stepbrothers,
45 stepsisters, children or stepchildren of a homicide victim, and crime
46 victims who have sustained a personal physical injury as the direct
47 result of a crime and the spouse, children or stepchildren of such phys-
48 ically injured victim. For the purposes of this subdivision, the victim
49 of a sex offense as defined in article one hundred thirty of the penal
50 law is presumed to have suffered physical injury. Such counseling may be
51 provided by local victim service programs, where available. It shall
52 also include the cost of residing at or utilizing services provided by
53 shelters for battered spouses and children who are eligible pursuant to
54 subdivision two of section six hundred twenty-four of this article, and
55 the cost of reasonable attorneys' fees for representation before the
S. 6606--B 36 A. 9706--C
1 [board] office and/or before the appellate division upon judicial review
2 not to exceed one thousand dollars.
3 2. Out-of-pocket loss shall also include the cost of counseling for a
4 child victim and the parent, stepparent, grandparent, guardian, brother,
5 sister, stepbrother or stepsister of such victim, pursuant to regu-
6 lations [of the board] promulgated to carry out the provisions and
7 purposes of this article.
8 § 18. Section 627 of the executive law is REPEALED and a new section
9 627 is added to read as follows:
10 § 627. Determination of claims. 1. The office shall determine claims
11 in accordance with rules and regulations promulgated by the director.
12 Such rules and regulations must provide for:
13 (a) written notification to an applying victim of their right to
14 representation by counsel, as well as their potential eligibility for an
15 award of attorney's fees pursuant to subdivision one of section six
16 hundred twenty-six of this article;
17 (b) administrative procedures regarding the intake and initial proc-
18 essing of claims, including mandatory timelines for the initiation of
19 investigation of a properly filed claim;
20 (c) the investigation and determination of claims regardless of wheth-
21 er the alleged criminal has been apprehended or prosecuted for or
22 convicted of any crime based upon the same incident, or has been acquit-
23 ted, or found not guilty of the crime in question owing to criminal
24 irresponsibility or other legal exemption;
25 (d) the rebuttable presumption that a child reported missing for a
26 time period exceeding seven days is a victim of a crime;
27 (e) the generation of a written decision for each properly filed
28 claim, and written notice to the claimant of the written decision and
29 their right to a copy of such a decision, as well as any rights to
30 appeal that the claimant may have of the decision and a projected date
31 of payment in the case of an award to the claimant;
32 (f) expedited determination of claims with respect to a livery opera-
33 tor within thirty days of the date upon which the claim was accepted for
34 filing, as well as standards for awards of loss of earnings or support
35 granted pursuant to rules and regulations promulgated in accordance with
36 the provisions of this subdivision and subdivision three of section six
37 hundred thirty-one of this article. Each award for loss of earnings
38 pursuant to rules and regulations promulgated in accordance with this
39 subdivision made with respect to a claim involving a livery operator
40 assault victim shall be for such period of time as the office determines
41 that the livery operator assault victim is unable to work and has lost
42 earnings as a result of such assault, in an amount not to exceed twenty
43 thousand dollars. Such award shall be distributed in increments of five
44 hundred dollars per week. Each award for loss of support pursuant to
45 rules and regulations promulgated in accordance with this subdivision
46 made with respect to a claim involving a livery operator homicide victim
47 shall be in the amount of twenty thousand dollars, distributed in incre-
48 ments of five hundred dollars per week; and
49 (g) provisions for any claimant to submit an additional claim for any
50 loss of earnings or support in excess of the amount awarded pursuant to
51 rules and regulations in accordance with paragraph (f) of this subdivi-
52 sion, or an additional claim for any other award pursuant to rules and
53 regulations promulgated in accordance with this article, in each case
54 pursuant to and in accordance with the other provisions of this article
55 or any rules and regulations promulgated in accordance thereof and
S. 6606--B 37 A. 9706--C
1 subject to any applicable maximum award limitations contained in this
2 article.
3 2. The claimant may, within thirty days after receipt of the decision
4 of the office regarding a claim, make an application in writing to the
5 director of the office for reconsideration of such decision. The direc-
6 tor, or his or her designee, shall consider such applications in accord-
7 ance with rules and regulations promulgated by the director and may
8 affirm or modify the decision. The decision of the director, or his or
9 her designee, shall become the final determination of the office regard-
10 ing the claim.
11 § 19. Section 628 of the executive law is REPEALED.
12 § 20. Section 629 of the executive law, as added by chapter 894 of the
13 laws of 1966, subdivision 1 as amended by chapter 688 of the laws of
14 1985, is amended to read as follows:
15 § 629. Judicial review. 1. Within fifteen days after receipt of the
16 copy of the report containing the final decision of the [board] office,
17 the comptroller shall, if in his judgment the award is illegal or exces-
18 sive, notify the [board] office of his conclusion, state the reasons for
19 that conclusion, and provide specific recommendations for modification.
20 Upon receiving such notification, the [board] office shall have fifteen
21 days within which to review and either modify or re-affirm its award. If
22 after such modification or reaffirmation the comptroller continues to
23 adjudge the award to be illegal or excessive, he may within fifteen days
24 after receipt of such modification or reaffirmation, commence a proceed-
25 ing in the appellate division of the supreme court, third department, to
26 review the decision of the [board] office. Such proceeding shall be
27 heard in a summary manner and shall have precedence over all other civil
28 cases in such court. Any claimant aggrieved by a final decision of the
29 [board] office may commence a proceeding to review that decision pursu-
30 ant to article seventy-eight of the civil practice law and rules.
31 2. Any such proceeding shall be commenced [by the service of notice
32 thereof upon the claimant and the board in person or by mail] in accord-
33 ance with the civil practice law and rules.
34 § 21. Section 630 of the executive law, as amended by chapter 346 of
35 the laws of 1986, subdivision 1 as amended by chapter 318 of the laws of
36 2007, is amended to read as follows:
37 § 630. Emergency awards. 1. Notwithstanding the provisions of section
38 six hundred twenty-seven of this article, if it appears to the [board
39 member to whom a claim is assigned] office, that such claim is one with
40 respect to which an award probably will be made, and undue hardship will
41 result to the claimant if immediate payment is not made, [such board
42 member] the office may make one or more emergency awards to the claimant
43 pending a final decision of the [board] office or payment of an award in
44 the case, provided, however, that the total amount of such emergency
45 awards shall not exceed twenty-five hundred dollars. The amount of such
46 emergency awards shall be deducted from any final award made to the
47 claimant, and the excess of the amount of any such emergency award over
48 the amount of the final award, or the full amount of any emergency
49 awards if no final award is made, shall be repaid by the claimant to the
50 [board] office.
51 2. Notwithstanding the provisions of section six hundred twenty-seven
52 of this article, local crime victim service programs shall be authorized
53 to provide emergency awards to crime victims for essential personal
54 property, medical treatment, shelter costs, security services, coun-
55 seling and transportation the total amount of such emergency awards not
56 to exceed five hundred dollars. These programs shall be reimbursed by
S. 6606--B 38 A. 9706--C
1 the [board] office, pursuant to the provisions of this article, if it is
2 subsequently determined that the victim is an eligible claimant. Local
3 crime victim service programs shall be authorized to establish special
4 accounts for this purpose. The [board] office shall initiate a program
5 to assist local crime victim service programs in establishing special
6 accounts to provide emergency awards, within amounts designated for that
7 purpose.
8 § 22. Subdivisions 1, 1-a, 3, 4, 5, 6, 13, 14, 15 and 16 of section
9 631 of the executive law, subdivision 1 as amended by chapter 74 of the
10 laws of 2007, subdivision 1-a as added by chapter 620 of the laws of
11 1997, subdivisions 3 and 4 as amended by chapter 148 of the laws of
12 2000, subdivision 5 as amended by chapter 351 of the laws of 1982, para-
13 graph (c) of subdivision 5 as amended by chapter 74 of the laws of 1986,
14 paragraph (d) of subdivision 5 as amended by chapter 309 of the laws of
15 1996, paragraph (e) of subdivision 5 as amended by chapter 763 of the
16 laws of 1990, subdivision 6 as amended by chapter 810 of the laws of
17 1983, the opening paragraph of paragraph (a) of subdivision 6 as amended
18 by chapter 400 of the laws of 1991, subparagraph 1 of paragraph (b) of
19 subdivision 6 as amended by chapter 322 of the laws of 2005, subpara-
20 graph 7 of paragraph (b) of subdivision 6 as amended by chapter 309 of
21 the laws of 1987, subdivision 13 as amended by section 1 of part E of
22 chapter 56 of the laws of 2009, subdivisions 14, 15 and 16 as added by
23 chapter 21 of the laws of 2007, are amended to read as follows:
24 1. No award shall be made unless the [board or board member as the
25 case may be,] office finds that (a) a crime was committed, (b) such
26 crime directly resulted in personal physical injury to or the exacerba-
27 tion of a preexisting disability, or condition, or death of, the victim,
28 and (c) criminal justice agency records show that such crime was prompt-
29 ly reported to the proper authorities; and in no case may an award be
30 made where the criminal justice agency records show that such report was
31 made more than one week after the occurrence of such crime unless the
32 [board] office, for good cause shown, finds the delay to have been
33 justified; provided, however, in cases involving an alleged sex offense
34 as contained in article one hundred thirty of the penal law or incest as
35 defined in section 255.25, 255.26 or 255.27 of the penal law or labor
36 trafficking as defined in section 135.35 of the penal law or sex traf-
37 ficking as defined in section 230.34 of the penal law or an offense
38 chargeable as a family offense as described in section eight hundred
39 twelve of the family court act or section 530.11 of the criminal proce-
40 dure law, the criminal justice agency report need only be made within a
41 reasonable time considering all the circumstances, including the
42 victim's physical, emotional and mental condition and family situation.
43 For the purposes of this subdivision, "criminal justice agency" shall
44 include, but not be limited to, a police department, a district attor-
45 ney's office, and any other governmental agency having responsibility
46 for the enforcement of the criminal laws of the state provided, however,
47 that in cases involving such sex offense a criminal justice agency shall
48 also mean a family court, a governmental agency responsible for child
49 and/or adult protective services pursuant to title six of article six of
50 the social services law and/or title one of article nine-B of the social
51 services law, and any medical facility established under the laws of the
52 state that provides a forensic physical examination for victims of rape
53 and sexual assault.
54 1-a. No award shall be made for a frivolous lawsuit unless the [board
55 or board member, as the case may be,] office finds that the victim has
56 been awarded costs pursuant to section eighty-three hundred three-a of
S. 6606--B 39 A. 9706--C
1 the civil practice law and rules and the individual responsible for the
2 payment of costs is unable to pay such costs provided, however, that in
3 no event shall the amount of such costs exceed two thousand five hundred
4 dollars.
5 3. Any award made for loss of earnings or support shall, unless
6 reduced pursuant to other provisions of this article, be in an amount
7 equal to the actual loss sustained, provided, however, that no such
8 award shall exceed six hundred dollars for each week of lost earnings or
9 support. Awards with respect to livery operator victims pursuant to
10 [paragraph (b)] paragraphs (f) and (g) of subdivision [six] one of
11 section six hundred twenty-seven of this article shall be granted in the
12 amount and in the manner provided therein. The aggregate award for all
13 such losses pursuant to this subdivision, including any awards made
14 pursuant to [paragraph (b)] paragraphs (f) and (g) of subdivision [six]
15 one of section six hundred twenty-seven of this article, shall not
16 exceed thirty thousand dollars. If there are two or more persons enti-
17 tled to an award as a result of the death of a person which is the
18 direct result of a crime, the award shall be apportioned by the [board]
19 office among the claimants.
20 4. Any award made pursuant to this article shall be reduced by the
21 amount of any payments received or to be received by the claimant as a
22 result of the injury (a) from or on behalf of the person who committed
23 the crime, (b) under insurance programs mandated by law, (c) from public
24 funds, (d) under any contract of insurance wherein the claimant is the
25 insured or beneficiary, (e) as an emergency award pursuant to section
26 six hundred thirty of this article. Notwithstanding the foregoing, where
27 the person injured is a livery operator victim, because undue hardship
28 may result to the claimant if immediate payment is not made, any award
29 pursuant to [paragraph (b)] paragraphs (f) and (g) of subdivision [six]
30 one of section six hundred twenty-seven of this article shall be granted
31 without reduction for workers' compensation benefits to be received, if
32 any.
33 5. (a) In determining the amount of an award, the [board or board
34 member, as the case may be,] office shall determine whether, because of
35 his conduct, the victim of such crime contributed to the infliction of
36 his injury, and the [board or board member] office shall reduce the
37 amount of the award or reject the claim altogether, in accordance with
38 such determination.
39 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
40 sion, the [board or board member, as the case may be,] office shall
41 disregard for this purpose the responsibility of the victim for his own
42 injury where the record shows that the person injured was acting as a
43 good samaritan, as defined in this article.
44 (c) Notwithstanding any inconsistent provision of this article, where
45 the person injured acted as a good samaritan, the [board or board
46 member, as the case may be,] office may, without regard to the financial
47 difficulty of the claimant, make an award for out-of-pocket losses. Such
48 award may also include compensation for any loss of property up to five
49 thousand dollars suffered by the victim during the course of his actions
50 as a good samaritan.
51 (d) Notwithstanding any inconsistent provision of this article, where
52 a person acted as a good samaritan, and was killed as a direct result of
53 the crime, the [board or the board member, as the case may be,] office
54 may, without regard to the financial difficulty of the claimant, make a
55 lump sum award to such claimant for actual loss of support not to exceed
56 thirty thousand dollars.
S. 6606--B 40 A. 9706--C
1 (e) Notwithstanding any inconsistent provision of this article, where
2 a police officer or firefighter, both paid and volunteer, dies from
3 injuries received in the line of duty as a direct result of a crime, the
4 [board or the board member, as the case may be,] office may, without
5 regard to the financial difficulty of the claimant, make an award for
6 the unreimbursed counseling expenses of the eligible spouse, parents,
7 brothers, sisters or children of such victim, and/or the reasonable
8 burial expenses incurred by the claimant.
9 6. (a) Claims may be approved only if the [board or board member, as
10 the case may be,] office finds that unless the claimant's award is
11 approved he will suffer financial difficulty. However, no finding of
12 financial difficulty is required for a claim for an emergency award or
13 an award less than five thousand dollars. In determining financial
14 difficulty, the [board or board member] office shall consider all rele-
15 vant factors, including but not limited to:
16 (1) the number of claimant's dependents;
17 (2) reasonable living expenses of the claimant and his family;
18 (3) any special health, rehabilitative or educational needs of the
19 claimant and his dependents;
20 (4) the claimant's employment situation including income and potential
21 earning capacity;
22 (5) the claimant's net financial resources after authorized deduction
23 as provided in paragraphs (b) and (c) of this subdivision;
24 (6) whether claimant's financial resources will become exhausted
25 during his lifetime; and
26 (7) the nature and the amount of claimant's total debt and liabil-
27 ities, including the amount of debt incurred or to be incurred to pay
28 for losses and expenses of the crime, and the extent to which claimant's
29 essential assets will have to be liquidated.
30 (b) Claimant's net financial resources do not include the present
31 value of future earnings, and shall be determined by the [board] office
32 by deducting from his total financial resources the value, within
33 reasonable limits, of the following items:
34 (1) a homestead, not exceeding five hundred thousand dollars, or a
35 total of ten years' rent for a renter;
36 (2) personal property consisting of clothing and strictly personal
37 effects;
38 (3) household furniture, appliances and equipment;
39 (4) tools and equipment necessary for the claimant's trade, occupation
40 or business;
41 (5) a family automobile;
42 (6) life insurance, except in death claims; and
43 (7) retirement, education and health plans or contributions to a
44 retirement or pension program including but not limited to contributions
45 to: (i) employee profit sharing plans, (ii) employee money purchase
46 plans, (iii) 401 (k) plans, (iv) simplified employee pensions (SEP), (v)
47 individual retirement accounts (IRA), (vi) 403 (b) plans, (vii) 457
48 plans, (viii) Keogh plans, (self employed), and (ix) any other plan or
49 account for which contributions are made primarily for retirement
50 purposes.
51 (c) The [board or board member] office, after taking into consider-
52 ation the claimant's financial resources, may exempt that portion of the
53 victim's or claimant's annual income required to meet reasonable living
54 expenses and the value of inventory or other property necessary for the
55 claimant's business or occupation or the production of income required
56 to meet reasonable living expenses. In no event shall the aggregate
S. 6606--B 41 A. 9706--C
1 value of exemptions under this paragraph exceed one hundred thousand
2 dollars.
3 (d) Nothing contained in this subdivision shall be construed to mean
4 that the [board] office must maintain the same standard of living
5 enjoyed by the claimant prior to the death or injury.
6 (e) The [board] director shall [establish] promulgate such rules and
7 regulations as are necessary for the implementation of this section.
8 13. Notwithstanding any other provision of law, rule, or regulation to
9 the contrary, when any New York state accredited hospital, accredited
10 sexual assault examiner program, or licensed health care provider
11 furnishes services to any sexual assault survivor, including but not
12 limited to a health care forensic examination in accordance with the sex
13 offense evidence collection protocol and standards established by the
14 department of health, such hospital, sexual assault examiner program, or
15 licensed healthcare provider shall provide such services to the person
16 without charge and shall bill the [board] office directly. The [board]
17 office, in consultation with the department of health, shall define the
18 specific services to be covered by the sexual assault forensic exam
19 reimbursement fee, which must include at a minimum forensic examiner
20 services, hospital or healthcare facility services related to the exam,
21 and related laboratory tests and pharmaceuticals. Follow-up HIV post-ex-
22 posure prophylaxis costs shall continue to be reimbursed according to
23 established [board] office procedure. The [board] office, in consulta-
24 tion with the department of health, shall also generate the necessary
25 regulations and forms for the direct reimbursement procedure. The rate
26 for reimbursement shall be the amount of itemized charges not exceeding
27 eight hundred dollars, to be reviewed and adjusted annually by the
28 [board] office in consultation with the department of health. The hospi-
29 tal, sexual assault examiner program, or licensed health care provider
30 must accept this fee as payment in full for these specified services. No
31 additional billing of the survivor for said services is permissible. A
32 sexual assault survivor may voluntarily assign any private insurance
33 benefits to which she or he is entitled for the healthcare forensic
34 examination, in which case the hospital or healthcare provider may not
35 charge the [board] office. A hospital, sexual assault examiner program
36 or licensed health care provider shall, at the time of the initial
37 visit, request assignment of any private health insurance benefits to
38 which the sexual assault survivor is entitled on a form prescribed by
39 the [board] office; provided, however, such sexual assault survivor
40 shall be advised orally and in writing that he or she may decline to
41 provide such information regarding private health insurance benefits if
42 he or she believes that the provision of such information would substan-
43 tially interfere with his or her personal privacy or safety and in such
44 event, the sexual assault forensic exam fee shall be paid by the [board]
45 office. Such sexual assault survivor shall also be advised that provid-
46 ing such information may provide additional resources to pay for
47 services to other sexual assault victims. If he or she declines to
48 provide such health insurance information, he or she shall indicate such
49 decision on the form provided by the hospital, sexual assault examiner
50 program or licensed health care provider, which form shall be prescribed
51 by the [board] office.
52 14. Notwithstanding any inconsistent provision of this article, where
53 a victim dies from injuries received as a direct result of the World
54 Trade Center terrorist attacks on September eleventh, two thousand one,
55 the [board or the board member, as the case may be,] office may make an
56 award for the unreimbursed and unreimbursable expense or indebtedness
S. 6606--B 42 A. 9706--C
1 reasonably incurred for the cost of counseling for the eligible spouse,
2 grandparents, parents, stepparents, guardians, brothers, sisters, step-
3 brothers, stepsisters, children, or stepchildren of such victim. Any
4 award for such expense incurred on or before December thirty-first, two
5 thousand seven, shall be made without regard to the financial difficulty
6 of the claimant.
7 15. Notwithstanding any inconsistent provision of this article, where
8 a victim is injured as a direct result of the World Trade Center terror-
9 ist attacks on September eleventh, two thousand one, the [board or the
10 board member, as the case may be,] office may make an award for the
11 unreimbursed and unreimbursable expense or indebtedness reasonably
12 incurred by the claimant for medical care or counseling services neces-
13 sary as a result of such injury. Any award for such expense or indebt-
14 edness incurred on or before December thirty-first, two thousand seven,
15 shall be made without regard to the financial difficulty of the claim-
16 ant.
17 16. Notwithstanding any inconsistent provision of this article, and
18 without regard to the financial difficulty of the claimant, where a
19 victim dies from injuries received as a direct result of the World Trade
20 Center terrorist attacks on September eleventh, two thousand one, the
21 [board or the board member, as the case may be,] office may make an
22 award of reasonable burial expenses for such victim.
23 § 23. Subdivision 2 of section 632 of the executive law, as amended by
24 chapter 115 of the laws of 1981, is amended to read as follows:
25 2. Where a person entitled to receive an award is a person under the
26 age of eighteen years, an incompetent, or a conservatee, the award may
27 be paid to a relative, guardian, committee, conservator, or attorney of
28 such person on behalf of and for the benefit of such person. In such
29 case the payee shall be required to file a periodic accounting of the
30 award with the [board] office and to take such other action as the
31 [board] office shall determine is necessary and appropriate for the
32 benefit of the person under the age of eighteen years, incompetent or
33 conservatee.
34 § 24. Section 632-a of the executive law, as amended by chapter 62 of
35 the laws of 2001, is amended to read as follows:
36 § 632-a. Crime victims. 1. For the purposes of this section:
37 (a) "Crime" means (i) any felony defined in the laws of the state; or
38 (ii) an offense in any jurisdiction which includes all of the essential
39 elements of any felony defined in the laws of this state and: (A) the
40 crime victim, as defined in subparagraph (i) of paragraph (d) of this
41 subdivision, was a resident of this state at the time of the commission
42 of the offense; or (B) the act or acts constituting the offense occurred
43 in whole or in part in this state.
44 (b) "Profits from a crime" means (i) any property obtained through or
45 income generated from the commission of a crime of which the defendant
46 was convicted; (ii) any property obtained by or income generated from
47 the sale, conversion or exchange of proceeds of a crime, including any
48 gain realized by such sale, conversion or exchange; and (iii) any prop-
49 erty which the defendant obtained or income generated as a result of
50 having committed the crime, including any assets obtained through the
51 use of unique knowledge obtained during the commission of, or in prepa-
52 ration for the commission of, a crime, as well as any property obtained
53 by or income generated from the sale, conversion or exchange of such
54 property and any gain realized by such sale, conversion or exchange.
55 (c) "Funds of a convicted person" means all funds and property
56 received from any source by a person convicted of a specified crime, or
S. 6606--B 43 A. 9706--C
1 by the representative of such person as defined in subdivision six of
2 section six hundred twenty-one of this article excluding child support
3 and earned income, where such person:
4 (i) is an inmate serving a sentence with the department of correction-
5 al services or a prisoner confined at a local correctional facility or
6 federal correctional institute, and includes funds that a superinten-
7 dent, sheriff or municipal official receives on behalf of an inmate or
8 prisoner and deposits in an inmate account to the credit of the inmate
9 pursuant to section one hundred sixteen of the correction law or depos-
10 its in a prisoner account to the credit of the prisoner pursuant to
11 section five hundred-c of the correction law; or
12 (ii) is not an inmate or prisoner but who is serving a sentence of
13 probation or conditional discharge or is presently subject to an undisc-
14 harged indeterminate, determinate or definite term of imprisonment or
15 period of post-release supervision or term of supervised release, but
16 shall include earned income earned during a period in which such person
17 was not in compliance with the conditions of his or her probation,
18 parole, conditional release, period of post-release supervision by the
19 division of parole or term of supervised release with the United States
20 probation office or United States parole commission. For purposes of
21 this subparagraph, such period of non-compliance shall be measured, as
22 applicable, from the earliest date of delinquency determined by the
23 board or division of parole, or from the earliest date on which a decla-
24 ration of delinquency is filed pursuant to section 410.30 of the crimi-
25 nal procedure law and thereafter sustained, or from the earliest date of
26 delinquency determined in accordance with applicable federal law, rules
27 or regulations, and shall continue until a final determination sustain-
28 ing the violation has been made by the trial court, board or division of
29 parole, or appropriate federal authority; or
30 (iii) is no longer subject to a sentence of probation or conditional
31 discharge or indeterminate, determinate or definite term of imprisonment
32 or period of post-release supervision or term of supervised release, and
33 where within the previous three years: the full or maximum term or peri-
34 od terminated or expired or such person was granted a discharge by a
35 board of parole pursuant to applicable law, or granted a discharge or
36 termination from probation pursuant to applicable law or granted a
37 discharge or termination under applicable federal or state law, rules or
38 regulations prior to the expiration of such full or maximum term or
39 period; and includes only: (A) those funds paid to such person as a
40 result of any interest, right, right of action, asset, share, claim,
41 recovery or benefit of any kind that the person obtained, or that
42 accrued in favor of such person, prior to the expiration of such
43 sentence, term or period; (B) any recovery or award collected in a
44 lawsuit after expiration of such sentence where the right or cause of
45 action accrued prior to the expiration or service of such sentence; and
46 (C) earned income earned during a period in which such person was not in
47 compliance with the conditions of his or her probation, parole, condi-
48 tional release, period of post-release supervision by the division of
49 parole or term of supervised release with the United States probation
50 office or United States parole commission. For purposes of this subpara-
51 graph, such period of non-compliance shall be measured, as applicable,
52 from the earliest date of delinquency determined by the board or divi-
53 sion of parole, or from the earliest date on which a declaration of
54 delinquency is filed pursuant to section 410.30 of the criminal proce-
55 dure law and thereafter sustained, or from the earliest date of delin-
56 quency determined in accordance with applicable federal law, rules or
S. 6606--B 44 A. 9706--C
1 regulations, and shall continue until a final determination sustaining
2 the violation has been made by the trial court, board or division of
3 parole, or appropriate federal authority.
4 (d) "Crime victim" means (i) the victim of a crime; (ii) the represen-
5 tative of a crime victim as defined in subdivision six of section six
6 hundred twenty-one of this article; (iii) a good samaritan as defined in
7 subdivision seven of section six hundred twenty-one of this article;
8 (iv) the [crime victims board] office of victim services or other
9 governmental agency that has received an application for or provided
10 financial assistance or compensation to the victim.
11 (e) (i) "Specified crime" means:
12 (A) a violent felony offense as defined in subdivision one of section
13 70.02 of the penal law;
14 (B) a class B felony offense defined in the penal law;
15 (C) an offense for which a merit time allowance may not be received
16 against the sentence pursuant to paragraph (d) of subdivision one of
17 section eight hundred three of the correction law;
18 (D) an offense defined in the penal law that is titled in such law as
19 a felony in the first degree;
20 (E) grand larceny in the fourth degree as defined in subdivision six
21 of section 155.30 or grand larceny in the second degree as defined in
22 section 155.40 of the penal law;
23 (F) criminal possession of stolen property in the second degree as
24 defined in section 165.52 of the penal law; or
25 (G) an offense in any jurisdiction which includes all of the essential
26 elements of any of the crimes specified in clauses (A) through (F) of
27 this subparagraph and either the crime victim as defined in subparagraph
28 (i) of paragraph (d) of this subdivision was a resident of this state at
29 the time of the commission of the offense or the act or acts constitut-
30 ing the crime occurred in whole or in part in this state.
31 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
32 graph a "specified crime" shall not mean or include an offense defined
33 in any of the following articles of the penal law: articles one hundred
34 fifty-eight, one hundred seventy-eight, two hundred twenty, two hundred
35 twenty-one, two hundred twenty-five, and two hundred thirty.
36 (f) "Earned income" means income derived from one's own labor or
37 through active participation in a business as distinguished from income
38 from, for example, dividends or investments.
39 2. (a) Every person, firm, corporation, partnership, association or
40 other legal entity, or representative of such person, firm, corporation,
41 partnership, association or entity, which knowingly contracts for, pays,
42 or agrees to pay: (i) any profits from a crime as defined in paragraph
43 (b) of subdivision one of this section, to a person charged with or
44 convicted of that crime, or to the representative of such person as
45 defined in subdivision six of section six hundred twenty-one of this
46 article; or (ii) any funds of a convicted person, as defined in para-
47 graph (c) of subdivision one of this section, where such conviction is
48 for a specified crime and the value, combined value or aggregate value
49 of the payment or payments of such funds exceeds or will exceed ten
50 thousand dollars, shall give written notice to the [crime victims board]
51 office of the payment or obligation to pay as soon as practicable after
52 discovering that the payment or intended payment constitutes profits
53 from a crime or funds of a convicted person.
54 (b) Notwithstanding subparagraph (ii) of paragraph (a) of this subdi-
55 vision, whenever the payment or obligation to pay involves funds of a
56 convicted person that a superintendent, sheriff or municipal official
S. 6606--B 45 A. 9706--C
1 receives or will receive on behalf [on] of an inmate serving a sentence
2 with the department of correctional services or prisoner confined at a
3 local correctional facility and deposits or will deposit in an inmate
4 account to the credit of the inmate or in a prisoner account to the
5 credit of the prisoner, and the value, combined value or aggregate value
6 of such funds exceeds or will exceed ten thousand dollars, the super-
7 intendent, sheriff or municipal official shall also give written notice
8 to the [crime victims board] office.
9 Further, whenever the state or subdivision of the state makes payment
10 or has an obligation to pay funds of a convicted person, as defined in
11 subparagraph (ii) or (iii) of paragraph (c) of subdivision one of this
12 section, and the value, combined value or aggregate value of such funds
13 exceeds or will exceed ten thousand dollars, the state or subdivision of
14 the state shall also give written notice to the [crime victims board]
15 office.
16 In all other instances where the payment or obligation to pay involves
17 funds of a convicted person, as defined in subparagraph (ii) or (iii) of
18 paragraph (c) of subdivision one of this section, and the value,
19 combined value or aggregate value of such funds exceeds or will exceed
20 ten thousand dollars, the convicted person who receives or will receive
21 such funds, or the representative of such person as defined in subdivi-
22 sion six of section six hundred twenty-one of this article, shall give
23 written notice to the [crime victims board] office.
24 (c) The [board] office, upon receipt of notice of a contract, an
25 agreement to pay or payment of profits from a crime or funds of a
26 convicted person pursuant to paragraph (a) or (b) of this subdivision,
27 or upon receipt of notice of funds of a convicted person from the super-
28 intendent, sheriff or municipal official of the facility where the
29 inmate or prisoner is confined pursuant to section one hundred sixteen
30 or five hundred-c of the correction law, shall notify all known crime
31 victims of the existence of such profits or funds at their last known
32 address.
33 3. Notwithstanding any inconsistent provision of the estates, powers
34 and trusts law or the civil practice law and rules with respect to the
35 timely bringing of an action, any crime victim shall have the right to
36 bring a civil action in a court of competent jurisdiction to recover
37 money damages from a person convicted of a crime of which the crime
38 victim is a victim, or the representative of that convicted person,
39 within three years of the discovery of any profits from a crime or funds
40 of a convicted person, as those terms are defined in this section.
41 Notwithstanding any other provision of law to the contrary, a judgment
42 obtained pursuant to this section shall not be subject to execution or
43 enforcement against the first one thousand dollars deposited in an
44 inmate account to the credit of the inmate pursuant to section one
45 hundred sixteen of the correction law or in a prisoner account to the
46 credit of the prisoner pursuant to section five hundred-c of the
47 correction law. In addition, where the civil action involves funds of a
48 convicted person and such funds were recovered by the convicted person
49 pursuant to a judgment obtained in a civil action, a judgment obtained
50 pursuant to this section may not be subject to execution or enforcement
51 against a portion thereof in accordance with subdivision (k) of section
52 fifty-two hundred five of the civil practice law and rules. If an action
53 is filed pursuant to this subdivision after the expiration of all other
54 applicable statutes of limitation, any other crime victims must file any
55 action for damages as a result of the crime within three years of the
56 actual discovery of such profits or funds, or within three years of
S. 6606--B 46 A. 9706--C
1 actual notice received from or notice published by the [crime victims
2 board] office of such discovery, whichever is later.
3 4. Upon filing an action pursuant to subdivision three of this
4 section, the crime victim shall give notice to the [crime victims board]
5 office of the filing by delivering a copy of the summons and complaint
6 to the [board] office. The crime victim may also give such notice to
7 the [board] office prior to filing the action so as to allow the [board]
8 office to apply for any appropriate provisional remedies which are
9 otherwise authorized to be invoked prior to the commencement of an
10 action.
11 5. Upon receipt of a copy of a summons and complaint, or upon receipt
12 of notice from the crime victim prior to filing the action as provided
13 in subdivision four of this section, the [board] office shall immediate-
14 ly take such actions as are necessary to:
15 (a) notify all other known crime victims of the alleged existence of
16 profits from a crime or funds of a convicted person by certified mail,
17 return receipt requested, where the victims' names and addresses are
18 known by the [board] office;
19 (b) publish, at least once every six months for three years from the
20 date it is initially notified by a victim, pursuant to subdivision four
21 of this section, a legal notice in newspapers of general circulation in
22 the county wherein the crime was committed and in counties contiguous to
23 such county advising any crime victims of the existence of profits from
24 a crime or funds of a convicted person. For crimes committed in a county
25 located within a city having a population of one million or more, the
26 notice shall be published in newspapers having general circulation in
27 such city. The [board] office may, in its discretion, provide for such
28 additional notice as it deems necessary;
29 (c) avoid the wasting of the assets identified in the complaint as the
30 newly discovered profits from a crime or as funds of a convicted person,
31 in any manner consistent with subdivision six of this section.
32 6. The [board] office, acting on behalf of the plaintiff and all other
33 victims, shall have the right to apply for any and all provisional reme-
34 dies that are also otherwise available to the plaintiff.
35 (a) The provisional remedies of attachment, injunction, receivership
36 and notice of pendency available to the plaintiff under the civil prac-
37 tice law and rules, shall also be available to the [board] office in all
38 actions under this section.
39 (b) On a motion for a provisional remedy, the moving party shall state
40 whether any other provisional remedy has previously been sought in the
41 same action against the same defendant. The court may require the moving
42 party to elect between those remedies to which it would otherwise be
43 entitled.
44 7. (a) (i) Whenever it appears that a person or entity has knowingly
45 and willfully failed to give notice in violation of paragraph (a) or (b)
46 of subdivision two of this section, other than the state, a subdivision
47 of the state, or a person who is a superintendent, sheriff or municipal
48 official required to give notice pursuant to this section or section one
49 hundred sixteen or section five hundred-c of the correction law, the
50 [board] office shall be authorized to serve a notice of hearing upon the
51 person or entity by personal service or by registered or certified mail.
52 The notice shall contain the time, place and purpose of the hearing. In
53 addition, the notice shall be accompanied by a petition alleging facts
54 of an evidentiary character that support or tend to support that the
55 person or entity, who shall be named therein as a respondent, knowingly
56 and willfully failed to give notice in violation of paragraph (a) or (b)
S. 6606--B 47 A. 9706--C
1 of subdivision two of this section. Service of the notice and petition
2 shall take place at least fifteen days prior to the date of the hearing.
3 (ii) The [chairperson of the board,] director or any [board member]
4 individual designated by the [chairperson] director, shall preside over
5 the hearing[. The presiding member], shall administer oaths [and], may
6 issue subpoenas[. The presiding member] and shall not be bound by the
7 rules of evidence or civil procedure, but his or her determination shall
8 be based on a preponderance of the evidence. At the hearing, the burden
9 of proof shall be on the [board, which shall be represented by the coun-
10 sel to the board or another person designated by the board] office. The
11 [board] office shall produce witnesses and present evidence in support
12 of the alleged violation, which may include relevant hearsay evidence.
13 The respondent, who may appear personally at the hearing, shall have the
14 right of counsel and may cross-examine witnesses and produce evidence
15 and witnesses in his or her behalf, which may include relevant hearsay
16 evidence. The issue of whether the person who received an alleged
17 payment or obligation to pay committed the underlying crime shall not be
18 re-litigated at the hearing. Where the alleged violation is the failure
19 to give notice of a payment amount involving two or more payments the
20 combined value or aggregate value of which exceeds ten thousand dollars,
21 no violation shall be found unless it is shown that such payments were
22 intentionally structured to conceal their character as funds of a
23 convicted person, as defined in this section.
24 (iii) At the conclusion of the hearing, if the [presiding member]
25 director or designated individual is not satisfied that there is a
26 preponderance of evidence in support of a violation, the [member] direc-
27 tor or designated individual shall dismiss the petition. If the [presid-
28 ing member] director or designated individual is satisfied that there is
29 a preponderance of the evidence that the respondent committed one or
30 more violations, the [member] director or designated individual shall so
31 find. Upon such a finding, the [presiding member] director or designated
32 individual shall prepare a written statement, to be made available to
33 the respondent and respondent's counsel, indicating the evidence relied
34 on and the reasons for finding the violation.
35 (iv) The [board] director shall adopt, promulgate, amend and repeal
36 administrative rules and regulations governing the procedures to be
37 followed with respect to hearings, including rules and regulations for
38 the administrative appeal of a decision made pursuant to this paragraph,
39 provided such rules and regulations are consistent with the provisions
40 of this subdivision.
41 (b)(i) Whenever it is found pursuant to paragraph (a) of this subdivi-
42 sion that a respondent knowingly and willfully failed to give notice in
43 violation of paragraph (a) or (b) of subdivision two of this section,
44 the [board] office shall impose an assessment of up to the amount of the
45 payment or obligation to pay and a civil penalty of up to one thousand
46 dollars or ten percent of the payment or obligation to pay, whichever is
47 greater. If a respondent fails to pay the assessment and civil penalty
48 imposed pursuant to this paragraph, the assessment and civil penalty may
49 be recovered from the respondent by an action brought by the attorney
50 general, upon the request of the [board] office, in any court of compe-
51 tent jurisdiction. The [board] office shall deposit the assessment in an
52 escrow account pending the expiration of the three year statute of limi-
53 tations authorized by subdivision three of this section to preserve such
54 funds to satisfy a civil judgment in favor of a person who is a victim
55 of a crime committed by the convicted person to whom such failure to
56 give notice relates. The [board] office shall pay the civil penalty to
S. 6606--B 48 A. 9706--C
1 the state comptroller who shall deposit the money in the state treasury
2 pursuant to section one hundred twenty-one of the state finance law to
3 the credit of the criminal justice improvement account established by
4 section ninety-seven-bb of the state finance law.
5 (ii) The [board] office shall then notify any crime victim or crime
6 victims, who may have a claim against the convicted person, of the
7 existence of such moneys. Such notice shall instruct such person or
8 persons that they may have a right to commence a civil action against
9 the convicted person, as well as any other information deemed necessary
10 by the [board] office.
11 (iii) Upon a crime victim's presentation to the [board] office of a
12 civil judgment for damages incurred as a result of the crime, the
13 [board] office shall satisfy up to one hundred percent of that judgment,
14 including costs and disbursements as taxed by the clerk of the court,
15 with the escrowed fund obtained pursuant to this paragraph, but in no
16 event shall the amount of all judgments, costs and disbursements satis-
17 fied from such escrowed funds exceed the amount in escrow. If more than
18 one such crime victim indicates to the [board] office that they intend
19 to commence or have commenced a civil action against the convicted
20 person, the [board] office shall delay satisfying any judgment, costs
21 and disbursements until the claims of all such crime victims are reduced
22 to judgment. If the aggregate of all judgments, costs and disbursement
23 obtained exceeds the amount of escrowed funds, the amount used to
24 partially satisfy each judgment shall be reduced to a pro rata share.
25 (iv) After expiration of the three year statute of limitations period
26 established in subdivision three of this section, the [board] office
27 shall review all judgments that have been satisfied from such escrowed
28 funds. In the event no claim was filed or judgment obtained prior to the
29 expiration of the three year statute of limitations, the [board] office
30 shall return the escrowed amount to the respondent. In the event a claim
31 or claims are pending at the expiration of the statute of limitations,
32 such funds shall remain escrowed until the final determination of all
33 such claims to allow the [board] office to satisfy any judgment which
34 may be obtained by the crime victim. Upon the final determination of all
35 such claims and the satisfaction of up to one hundred percent of such
36 claims by the [board] office, the [board] office shall be authorized to
37 impose an additional civil penalty of up to one thousand dollars or ten
38 percent of the payment or obligation to pay, whichever is greater. Prior
39 to imposing any such penalty, the [board] office shall serve a notice
40 upon the respondent by personal service or by registered or certified
41 mail of the intent of the [board] office to impose such penalty thirty
42 days after the date of the notice and of the opportunity to submit
43 documentation concerning the [board's] office's determination. After
44 imposing and deducting any such additional civil penalty, the [board]
45 office shall distribute such remaining escrowed funds, if any, as
46 follows: fifty percent to the state comptroller, who shall deposit the
47 money in the state treasury pursuant to section one hundred twenty-one
48 of the state finance law to the credit of the criminal justice improve-
49 ment account established by section ninety-seven-bb of the state finance
50 law; and fifty percent to the respondent.
51 (v) Notwithstanding any provision of law, an alleged failure by a
52 convicted person to give notice under this section may not result in
53 proceedings for an alleged violation of the conditions of probation,
54 parole, conditional release, post release supervision or supervised
55 release unless: one or more claims were made by a crime victim against
56 the convicted person pursuant to this section, and the [crime victims
S. 6606--B 49 A. 9706--C
1 board] office imposes an assessment and/or penalty upon the convicted
2 person pursuant to this section, and the convicted person fails to pay
3 the total amount of the assessment and/or penalty within sixty days of
4 the imposition of such assessment and/or penalty.
5 (vi) Records maintained by the [board] office and proceedings by the
6 [board or a board member] office based thereon regarding a claim submit-
7 ted by a victim or a claimant shall be deemed confidential, subject to
8 the exceptions that appear in subdivision one of section six hundred
9 thirty-three of this article.
10 § 25. Section 633 of the executive law, as added by chapter 64 of the
11 laws of 1998, is amended to read as follows:
12 § 633. Confidentiality of records. 1. Records maintained by the
13 [board] office and proceedings by [the board or a board member] the
14 office based thereon regarding a claim submitted by a victim or a claim-
15 ant shall be deemed confidential with the following exceptions:
16 (a) requests for information based upon legitimate criminal justice
17 purposes;
18 (b) judicial subpoenas;
19 (c) requests for information by the victim or claimant or his or her
20 authorized representative;
21 (d) for purposes necessary and proper for the administration of this
22 article.
23 2. All other records, including but not limited to, records maintained
24 pursuant to sections six hundred thirty-one-a and six hundred thirty-
25 two-a of this article and proceedings by [the board or a board member]
26 the office based thereon shall be public record.
27 3. Any report or record obtained by the [board] office, the confiden-
28 tiality of which is protected by any other law or regulation, shall
29 remain confidential subject to such law or regulation.
30 § 26. Section 634 of the executive law, as amended by chapter 513 of
31 the laws of 1982, subdivision 1 as amended and subdivision 6 as added by
32 chapter 477 of the laws of 1986, paragraph (c) of subdivision 1 as
33 amended by chapter 397 of the laws of 1993, is amended to read as
34 follows:
35 § 634. Subrogation. 1. (a) Acceptance of an award made pursuant to
36 this article shall subrogate the state, to the extent of such award, to
37 any right or right of action accruing to the claimant or the victim to
38 recover payments on account of losses resulting from the crime with
39 respect to which the award is made. Upon the payment of an award, the
40 [board] office may, by writing, notify the claimant that such claimant
41 has ninety days, or thirty days prior to the date of expiration of the
42 applicable statute of limitations, whichever period is shorter, within
43 which to commence an action against his assailant or any third party
44 who, as a result of the crime, may be liable in damages to the claimant.
45 If the claimant fails to commence an action within the time provided
46 herein, such failure shall, after written notification by the [board]
47 office to the claimant, operate as an assignment of the claimant's cause
48 of action against the assailant or such other third party to the state;
49 provided, however, that should the claimant's cause of action be in an
50 amount in excess of the [board's] office's award, such assignment shall
51 be for only that portion of the cause of action which equals the amount
52 of the award.
53 (b) The [crime victims board] office of victim services shall review
54 those claims that have been approved by the [board] office and that have
55 resulted in an award in excess of one thousand dollars for the purpose
56 of identifying those causes of action that are likely to result in
S. 6606--B 50 A. 9706--C
1 recovery of the state's payment to the victim. The [board] office shall
2 submit a list of these claims on a monthly basis to the attorney general
3 with all necessary information relating to the case including whether
4 the [claiment's] claimant's cause of action has been assigned to the
5 [board] office.
6 (c) The attorney general may commence an action against the defendant
7 convicted of the crime or third party for money damages to the extent of
8 the award paid, and the claimant shall retain a right of action, subject
9 to defenses, to recover damages for the full amount of loss incurred by
10 him as a result of the crime less the amount assigned to the state by
11 operation of this subdivision. Notwithstanding any other provision of
12 law, an action brought by the attorney general pursuant to this para-
13 graph against the defendant convicted of the crime must be commenced
14 within seven years of the crime or pursuant to the time frames author-
15 ized in subdivision three of section six hundred thirty-two-a of this
16 article. A claimant who retains such right of action shall be permitted
17 to intervene in any action brought pursuant to this subdivision by the
18 attorney general. Any action brought by the attorney general may be
19 compromised or settled provided the attorney general and the [board]
20 office find that such action is in the best interests of the state.
21 2. Acceptance of an award made pursuant to this article shall create a
22 lien in favor of the state on the proceeds of any recovery from the
23 person or persons liable for the injury or death giving rise to the
24 award by the [board] office, whether by judgment, settlement or other-
25 wise, after the deduction of the reasonable and necessary expenditures,
26 including attorney's fees, incurred in effecting such recovery, to the
27 total amount of the award made by the [board] office. Such lien shall
28 attach to any moneys received or to be received by the claimant or
29 victim on account of losses resulting from the crime. Should the claim-
30 ant or victim secure a recovery from the person or persons liable for
31 the injury or death giving rise to the award by the [board] office,
32 whether by judgment, settlement or otherwise, such claimant may, upon
33 notice to the [board] office, apply to the court in which the action was
34 instituted, or to any court of competent jurisdiction if no action was
35 instituted, for an order apportioning the reasonable and necessary
36 expenditures, including attorney's fees, incurred in effecting such
37 recovery. Such expenditures shall be equitably apportioned by the court
38 between the claimant and the [board] office. A copy of such lien shall
39 be mailed to the clerk of the county within which the crime occurred and
40 such clerk will file the copy in accordance with the duties of such
41 clerk as set forth in section five hundred twenty-five of the county
42 law. The amount of such lien may be compromised or settled by the
43 [board] office provided the [board] office finds that such action is in
44 the best interests of the state, or payment of the full amount of the
45 lien to the state would cause undue hardship for the victim.
46 3. Any claimant who has received an award under this article, or his
47 guardian, judicially appointed personal representative, or his estate,
48 who brings an action for damages against the person or persons liable
49 for the injury or death giving rise to an award by the [board] office
50 under this article shall give written notice to the [board] office of
51 the commencement of such action at the time such action is commenced.
52 Such notice shall be served personally or by certified mail, return
53 receipt requested.
54 4. The attorney general may intervene, as of right, in any such action
55 on behalf of the state of New York for the purpose of recovering the
S. 6606--B 51 A. 9706--C
1 subrogated interest due the state of New York under the provisions of
2 this article.
3 5. The [board] director shall adopt rules and regulations to carry out
4 the provisions and purposes of this section.
5 6. The [board] office shall compile information on the number of cases
6 submitted to the attorney general, the number of actions instituted by
7 the attorney general to recover payments made to crime victims, the
8 dollar amount of recoveries made in such actions both on behalf of the
9 state and any awards made to victims who intervene in such actions. The
10 [board] office shall include this information, and any recommendations
11 to the governor and legislature to improve the collection of awards, in
12 its annual report.
13 § 27. Subdivisions 1 and 2 of section 631-a of the executive law,
14 subdivision 1 as added by chapter 688 of the laws of 1985 and subdivi-
15 sion 2 as amended by chapter 263 of the laws of 1986, are amended to
16 read as follows:
17 1. The [crime victims board] office shall make grants, within amounts
18 appropriated for that purpose, for crime victim service programs to
19 provide services to crime victims and witnesses. These programs shall be
20 operated at the community level by not-for-profit organizations, by
21 agencies of local government or by any combination thereof. Crime victim
22 service programs may be designed to serve crime victims and witnesses in
23 general in a particular community, or may be designed to serve a catego-
24 ry of persons with special needs relating to a particular kind of crime.
25 2. The [crime victims board] director shall promulgate regulations,
26 relating to these grants, including guidelines for its determinations.
27 (a) These regulations shall be designed to promote:
28 (i) alternative funding sources other than the state, including local
29 government and private sources;
30 (ii) coordination of public and private efforts to aid crime victims;
31 and
32 (iii) long range development of services to all victims of crime in
33 the community and to all victims and witnesses involved in criminal
34 prosecutions.
35 (b) These regulations shall also provide for services including, but
36 not limited to:
37 (i) assistance to claimants seeking crime victims compensation bene-
38 fits;
39 (ii) referrals, crisis intervention and other counseling services;
40 (iii) services to elderly victims and to child victims and their fami-
41 lies;
42 (iv) transportation and household assistance; and
43 (v) outreach to the community and education and training of law
44 enforcement and other criminal justice officials to the needs of crime
45 victims.
46 § 28. Subdivision 3 of section 631-a of the executive law is REPEALED.
47 § 29. Subdivision 5 of section 390.30 of the criminal procedure law,
48 as added by chapter 14 of the laws of 1985, is amended to read as
49 follows:
50 5. Information to be forwarded to the state division of probation and
51 correctional alternatives. Investigating agencies under this article
52 shall be responsible for the collection, and transmission to the state
53 division of probation and correctional alternatives, of data on the
54 number of victim impact statements prepared[, pursuant to regulations of
55 the division]. Such information shall be transmitted annually to the
56 [crime victims board] office of victim services and included in the
S. 6606--B 52 A. 9706--C
1 [board's] office's annual report pursuant to subdivision twenty of
2 section six hundred twenty-three of the executive law.
3 § 30. Subdivision 7 of section 351.1 of the family court act, as added
4 by chapter 418 of the laws of 1986, is amended to read as follows:
5 7. The probation services which prepare the investigation reports
6 shall be responsible for the collection and transmission to the state
7 division of probation and correctional alternatives, of data on the
8 number of victim impact statements prepared[, pursuant to regulations of
9 the division]. Such information shall be transmitted annually to the
10 [crime victims board] office of victim services and included in the
11 [board's] office's annual report pursuant to subdivision twenty of
12 section six hundred twenty-three of the executive law.
13 § 31. Subdivision 1 of section 640 of the executive law, as amended by
14 chapter 414 of the laws of 1985, is amended to read as follows:
15 1. The commissioner of the division of criminal justice services, in
16 consultation with the [chairman of the crime victims board] director of
17 the office of victim services and other appropriate officials, shall
18 promulgate standards for the treatment of the innocent victims of crime
19 by the agencies which comprise the criminal justice system of the state.
20 § 32. The article heading of article 22 of the executive law, as
21 amended by chapter 17 of the laws of 1982, is amended to read as
22 follows:
23 [CRIME VICTIMS BOARD] OFFICE OF VICTIM SERVICES
24 § 33. Section 644 of the executive law, as added by chapter 94 of the
25 laws of 1984, is amended to read as follows:
26 § 644. Implementation. The commissioner of the division of criminal
27 justice services and the [chairman of the crime victims board] director
28 of the office of victim services shall assist criminal justice agencies
29 in implementing the guidelines promulgated by the commissioner.
30 § 34. Section 645 of the executive law, as added by chapter 893 of the
31 laws of 1986, is amended to read as follows:
32 § 645. Fair treatment standards for crime victims in the courts. The
33 chief administrator of the courts, in consultation with the commissioner
34 of the division of criminal justice services, the [chairman of the crime
35 victims board] director of the office of victim services and other
36 appropriate officials, shall promulgate standards for the treatment of
37 the innocent victims of crime by the unified court system. These stand-
38 ards shall conform to and be consistent with the regulations promulgated
39 pursuant to section six hundred forty of this article.
40 § 35. Subdivisions 1, 3 and 4 of section 646-a of the executive law,
41 subdivisions 1 as amended and 4 as added by chapter 173 of the laws of
42 2006 and subdivision 3 as added by chapter 67 of the laws of 1994, are
43 amended to read as follows:
44 1. The district attorney shall provide the victim, at the earliest
45 time possible, with an informational pamphlet detailing the rights of
46 crime victims which shall be prepared by the division of criminal
47 justice services in [cooperation with the crime victims board,] consul-
48 tation with the director of the office of victim services and distrib-
49 uted to each district attorney's office.
50 3. This pamphlet shall provide space for the insertion of the follow-
51 ing information:
52 (a) the address and phone number of the [nearest crime victims board]
53 office of victim services;
54 (b) the address and phone numbers of local victim service programs,
55 where appropriate;
S. 6606--B 53 A. 9706--C
1 (c) the name, phone number and office location of the person in the
2 district attorney's office to whom inquiries concerning the victims case
3 may be directed; and
4 (d) any other information the division deems appropriate.
5 4. (a) The commissioner of the division of criminal justice services
6 in [cooperation] consultation with the [crime victims board] director of
7 the office of victim services shall develop and prepare a standardized
8 form for the use of district attorney offices for the purpose of report-
9 ing compliance with this section. The form is to be distributed to each
10 district attorney. Every district attorney's office in the state shall
11 complete the reporting form annually and send it to the [chair of the
12 crime victims board] director of the office of victim services by the
13 first day of January each year subsequent to the effective date of this
14 subdivision.
15 (b) A copy of the report shall be retained by the district attorney
16 and upon request, a victim of a crime or relative of a victim shall be
17 entitled to receive from the district attorney a copy of their district
18 attorney's annual report without charge. Any other person requesting a
19 copy of the report shall pay a fee not to exceed the actual cost of
20 reproduction.
21 § 36. Paragraph (a) of subdivision 2 and subdivision 3-a of section
22 844-b of the executive law, paragraph (a) of subdivision 2 as amended by
23 chapter 393 of the laws of 1995 and subdivision 3-a as added by chapter
24 626 of the laws of 1997, are amended to read as follows:
25 (a) The committee shall consist of a representative of the commission-
26 er, representative of the superintendent of the New York state police,
27 two representatives of the New York state sheriffs association, two
28 representatives of the New York state association of chiefs of police,
29 two representatives of the New York state district attorneys' associ-
30 ation, a representative of the attorney general, a representative of the
31 [chairperson of the crime victims board] director of the office of
32 victim services, a representative of the director of the state office
33 for the aging, a representative of the commissioner of social services,
34 a representative of the commissioner of the New York city police depart-
35 ment, a representative of the New York state crime prevention coalition
36 and two elderly representatives one to be appointed by the temporary
37 president of the senate and the other by the speaker of the assembly.
38 The commissioner shall make appointments to the committee in accordance
39 with nominations submitted by the relevant agencies or organizations.
40 Each member of the committee shall be appointed by the commissioner to
41 serve a two year term. Any member appointed by the commissioner may be
42 reappointed for additional terms. Any vacancies shall be filled in the
43 same manner as the original appointment and vacancies created otherwise
44 than by expiration of term shall be filled for the remainder of that
45 unexpired term.
46 3-a. Reports. On or before March first, nineteen hundred ninety-eight
47 and annually thereafter the committee shall report to the temporary
48 president of the senate, the speaker of the assembly, the chair of the
49 assembly committee on aging and the chair of the senate committee on
50 aging, on the incidence of reports of abuse of elderly persons. Such
51 report shall consist of information from reports forwarded to the
52 committee by local law enforcement agencies pursuant to section 140.10
53 of the criminal procedure law including number of reported incidents,
54 ages of victims and alleged offenders, circumstances of the incident
55 whether arrests were made and the sentence, if any, of the offenders.
56 Such report shall also recommend policies and programs to aid law
S. 6606--B 54 A. 9706--C
1 enforcement agencies, the courts and the New York state [crime victims
2 board] office of victim services in efforts to assist elder victims of
3 domestic violence. The report shall also include recommendations
4 designed to assist law enforcement agencies in implementing "Triad
5 Programs".
6 § 37. Subdivision 12-g of section 8 of the state finance law, as added
7 by chapter 62 of the laws of 2001, is amended to read as follows:
8 12-g. Notwithstanding any other provision of the court of claims act
9 or any other law to the contrary, thirty days before the comptroller
10 issues a check for payment to an inmate serving a sentence of imprison-
11 ment with the state department of correctional services or to a prisoner
12 confined at a local correctional facility for any reason, including a
13 payment made in satisfaction of any damage award in connection with any
14 lawsuit brought by or on behalf of such inmate or prisoner against the
15 state or any of its employees in federal court or any other court, the
16 comptroller shall give written notice, if required pursuant to subdivi-
17 sion two of section six hundred thirty-two-a of the executive law, to
18 the [state crime victims board] office of victim services that such
19 payment shall be made thirty days after the date of such notice.
20 § 38. Subdivision 3 of section 97-bb of the state finance law, as
21 amended by section 1 of part A of chapter 56 of the laws of 2009, is
22 amended to read as follows:
23 3. Monies of the criminal justice improvement account, following
24 appropriation by the legislature and allocation by the director of the
25 budget shall be made available for local assistance services and
26 expenses of programs to provide services to crime victims and witnesses,
27 including operations of the [crime victims board] office of victim
28 services, and for payments to victims in accordance with the federal
29 crime control act of 1984, as administered pursuant to article twenty-
30 two of the executive law.
31 § 39. Paragraph (c) of subdivision 1 of section 2805-i of the public
32 health law, as added by chapter 571 of the laws of 2007, is amended to
33 read as follows:
34 (c) offering and making available appropriate HIV post-exposure treat-
35 ment therapies in cases where it has been determined, in accordance with
36 guidelines issued by the commissioner, that a significant exposure to
37 HIV has occurred, and informing the victim that payment assistance for
38 such therapies may be available from the [crime victims board] office of
39 victim services pursuant to the provisions of article twenty-two of the
40 executive law.
41 § 40. Section 70 of the general municipal law, as amended by chapter
42 62 of the laws of 2001, is amended to read as follows:
43 § 70. Payment of judgments against municipal corporation. When a final
44 judgment for a sum of money shall be recovered against a municipal
45 corporation, and the execution thereof shall not be stayed pursuant to
46 law, or the time for such stay shall have expired, the treasurer or
47 other financial officer of such corporation having sufficient moneys in
48 his hands belonging to the corporation not otherwise specifically appro-
49 priated, shall pay such judgment upon the production of a certified copy
50 of the docket thereof. Notwithstanding the provisions of any other law
51 to the contrary, in any case where payment for any reason is to be made
52 to an inmate serving a sentence of imprisonment with the state depart-
53 ment of correctional services or to a prisoner confined at a local
54 correctional facility, the treasurer or other financial officer shall
55 give written notice, if required pursuant to subdivision two of section
56 six hundred thirty-two-a of the executive law, to the [state crime
S. 6606--B 55 A. 9706--C
1 victims board] office of victim services that such payment shall be made
2 thirty days after the date of such notice.
3 § 41. Paragraph (b) of subdivision 4 of section 60.27 of the penal
4 law, as amended by chapter 619 of the laws of 2002, is amended to read
5 as follows:
6 (b) the term "victim" shall include the victim of the offense, the
7 representative of a crime victim as defined in subdivision six of
8 section six hundred twenty-one of the executive law, an individual whose
9 identity was assumed or whose personal identifying information was used
10 in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
11 person who has suffered a financial loss as a direct result of the acts
12 of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
13 190.83 of this chapter, a good samaritan as defined in section six
14 hundred twenty-one of the executive law and the [crime victims' board]
15 office of victim services or other governmental agency that has received
16 an application for or has provided financial assistance or compensation
17 to the victim.
18 § 42. Section 116 of the correction law, as amended by chapter 62 of
19 the laws of 2001, is amended to read as follows:
20 § 116. Inmates' funds. The warden or superintendent of each of the
21 institutions within the jurisdiction of the department of correction
22 shall deposit at least once in each week to his credit as such warden,
23 or superintendent, in such bank or banks as may be designated by the
24 comptroller, all the moneys received by him as such warden, or super-
25 intendent, as inmates' funds, and send to the comptroller and also to
26 the commissioner of correction monthly, a statement showing the amount
27 so received and deposited. Such statement of deposits shall be certified
28 by the proper officer of the bank receiving such deposit or deposits.
29 The warden, or superintendent, shall also verify by his affidavit that
30 the sum so deposited is all the money received by him as inmates' funds
31 during the month. Any bank in which such deposits shall be made shall,
32 before receiving any such deposits, file a bond with the comptroller of
33 the state, subject to his approval, for such sum as he shall deem neces-
34 sary. Upon a certificate of approval issued by the director of the budg-
35 et, pursuant to the provisions of section fifty-three of the state
36 finance law, the amount of interest, if any, heretofore accrued and
37 hereafter to accrue on moneys so deposited, heretofore and hereafter
38 credited to the warden, or superintendent, by the bank from time to
39 time, shall be available for expenditure by the warden, or superinten-
40 dent, subject to the direction of the commissioner, for welfare work
41 among the inmates in his custody. The withdrawal of moneys so deposited
42 by such warden, or superintendent, as inmates' funds, including any
43 interest so credited, shall be subject to his check. Each warden, or
44 superintendent, shall each month provide the comptroller and also the
45 commissioner with a record of all withdrawals from inmates' funds. As
46 used in this section, the term "inmates' funds" means the funds in the
47 possession of the inmate at the time of his admission into the institu-
48 tion, funds earned by him as provided in section one hundred eighty-sev-
49 en of this chapter and any other funds received by him or on his behalf
50 and deposited with such warden or superintendent in accordance with the
51 rules and regulations of the commissioner. Whenever the total unencum-
52 bered value of funds in an inmate's account exceeds ten thousand
53 dollars, the superintendent shall give written notice to the [state
54 crime victims board] office of victim services.
55 § 43. Subdivisions 7 and 8 of section 500-c of the correction law, as
56 added by chapter 62 of the laws of 2001, are amended to read as follows:
S. 6606--B 56 A. 9706--C
1 7. A sheriff, the New York city commissioner of correction, or the
2 Westchester county commissioner of correction, as the case may be, shall
3 maintain an institutional fund account on behalf of every lawfully
4 sentenced inmate or prisoner in his custody and shall for the benefit of
5 the person make deposits into said accounts of any prisoner funds. As
6 used in this section, the term "prisoner funds" means (i) funds in the
7 possession of the prisoner at the time of admission into the institu-
8 tion; (ii) funds earned by a prisoner as provided in section one hundred
9 eighty-seven of this chapter; and (iii) any other funds received by or
10 on behalf of the prisoner and deposited with such sheriff or municipal
11 official in accordance with the written procedures established by the
12 commission. Whenever the total value of unencumbered funds in a prison-
13 er's account exceeds ten thousand dollars, such sheriff or official
14 shall give written notice to the [state crime victims board] office of
15 victim services.
16 8. A sheriff, the New York city commissioner of correction, or the
17 Westchester county commissioner of correction, as the case may be, shall
18 provide written notice to all inmates serving a definite sentence for a
19 specified crime defined in paragraph (e) of subdivision one of section
20 six hundred thirty-two-a of the executive law who may be subject to any
21 requirement to report to the [crime victims board] office of victim
22 services any funds of a convicted person as defined in section six
23 hundred thirty-two-a of the executive law, the procedures for such
24 reporting and any potential penalty for a failure to comply.
25 § 44. Subdivision 3 of section 410.10 of the criminal procedure law,
26 as added by chapter 62 of the laws of 2001, is amended to read as
27 follows:
28 3. When the court pronounces a sentence of probation or conditional
29 discharge for a specified crime defined in paragraph (e) of subdivision
30 one of section six hundred thirty-two-a of the executive law, in addi-
31 tion to specifying the conditions of the sentence, the court shall
32 provide written notice to such defendant concerning any requirement to
33 report to the [crime victims board] office of victim services funds of a
34 convicted person as defined in section six hundred thirty-two-a of the
35 executive law, the procedures for such reporting and any potential
36 penalty for a failure to comply.
37 § 45. Section 2222-a of the surrogate's court procedure act, as added
38 by chapter 62 of the laws of 2001, is amended to read as follows:
39 § 2222-a. Notice of legacy or distributive share payable to inmate or
40 prisoner
41 Where the legatee, distributee or beneficiary is an inmate serving a
42 sentence of imprisonment with the state department of correctional
43 services or a prisoner confined at a local correctional facility, the
44 court shall give prompt written notice to the [state crime victims
45 board] office of victim services, and at the same time direct that no
46 payment be made to such inmate or prisoner for a period of thirty days
47 following the date of entry of the order containing such direction.
48 § 46. Subdivision 6-a of section 20 of the court of claims act, as
49 added by chapter 62 of the laws of 2001, is amended to read as follows:
50 6-a. Notwithstanding the provisions of subdivisions five, five-a and
51 six of this section, in any case where a judgment or any part thereof is
52 to be paid to an inmate serving a sentence of imprisonment with the
53 state department of correctional services or to a prisoner confined at a
54 local correctional facility, the comptroller shall give written notice,
55 if required pursuant to subdivision two of section six hundred thirty-
56 two-a of the executive law, to the [state crime victims board] office of
S. 6606--B 57 A. 9706--C
1 victim services that such judgment shall be paid thirty days after the
2 date of such notice.
3 § 47. Subdivision 11 of section 1311 of the civil practice law and
4 rules, as added by chapter 655 of the laws of 1990, is amended to read
5 as follows:
6 11. (a) Any stipulation or settlement agreement between the parties to
7 a forfeiture action shall be filed with the clerk of the court in which
8 the forfeiture action is pending. No stipulation or settlement agreement
9 shall be accepted for filing unless it is accompanied by an affidavit
10 from the claiming authority that written notice of the stipulation or
11 settlement agreement, including the terms of such, has been given to the
12 [state crime victims board] office of victim services, the state divi-
13 sion of criminal justice services, and in the case of a forfeiture based
14 on a felony defined in article two hundred twenty or section 221.30 or
15 221.55 of the penal law, to the state division of substance abuse
16 services.
17 (b) No judgment or order of forfeiture shall be accepted for filing
18 unless it is accompanied by an affidavit from the claiming authority
19 that written notice of judgment or order, including the terms of such,
20 has been given to the [state crime victims board] office of victim
21 services, the state division of criminal justice services, and in the
22 case of a forfeiture based on a felony defined in article two hundred
23 twenty or section 221.30 or 221.55 of the penal law, to the state divi-
24 sion of substance abuse services.
25 (c) Any claiming authority or claiming agent which receives any prop-
26 erty pursuant to chapter thirteen of the food and drug laws (21 U.S.C.
27 §801 et seq.) of the United States and/or chapter four of the customs
28 duties laws (19 U.S.C. §1301 et seq.) of the United States and/or chap-
29 ter 96 of the crimes and criminal procedure laws (18 U.S.C. §1961 et
30 seq.) of the United States shall provide an affidavit to the commission-
31 er of the division of criminal justice services stating the estimated
32 present value of the property received.
33 § 48. Subdivision 4 of section 1349 of the civil practice law and
34 rules, as added by chapter 655 of the laws of 1990, is amended to read
35 as follows:
36 4. The claiming authority shall report the disposal of property and
37 collection of assets pursuant to this section to the [state crime
38 victims board] office of victim services, the state division of criminal
39 justice services and the state division of substance abuse services.
40 § 49. Subdivision (d) of section 4510 of the civil practice law and
41 rules, as added by chapter 432 of the laws of 1993, is amended to read
42 as follows:
43 (d) Limitation on waiver. A client who, for the purposes of obtaining
44 compensation under article twenty-two of the executive law or insurance
45 benefits, authorizes the disclosure of any privileged communication to
46 an employee of the [crime victims board] office of victim services or an
47 insurance representative shall not be deemed to have waived the privi-
48 lege created by this section.
49 § 50. Section 5011 of the civil practice law and rules, as amended by
50 chapter 62 of the laws of 2001, is amended to read as follows:
51 § 5011. Definition and content of judgment. A judgment is the determi-
52 nation of the rights of the parties in an action or special proceeding
53 and may be either interlocutory or final. A judgment shall refer to, and
54 state the result of, the verdict or decision, or recite the default upon
55 which it is based. A judgment may direct that property be paid into
56 court when the party would not have the benefit or use or control of
S. 6606--B 58 A. 9706--C
1 such property or where special circumstances make it desirable that
2 payment or delivery to the party entitled to it should be withheld. In
3 any case where damages are awarded to an inmate serving a sentence of
4 imprisonment with the state department of correctional services or to a
5 prisoner confined at a local correctional facility, the court shall give
6 prompt written notice to the [state crime victims board] office of
7 victim services, and at the same time shall direct that no payment be
8 made to such inmate or prisoner for a period of thirty days following
9 the date of entry of the order containing such direction.
10 § 51. Subdivision 2 of section 459-b of the real property tax law, as
11 added by chapter 269 of the laws of 1996, is amended to read as follows:
12 2. To qualify as a physically disabled crime victim or good samaritan
13 for the purposes of this section, an individual shall submit to the
14 assessor a certified statement from a physician licensed to practice in
15 the state of New York on a form prescribed and made available by the
16 state board which states that the individual has a permanent physical
17 impairment which substantially limits one or more of such individual's
18 major life activities, except that an individual who has obtained a
19 certificate from the state commission for the blind and visually hand-
20 icapped stating that such individual is legally blind may submit such
21 certificate in lieu of a physician's certified statement. In addition, a
22 copy of a police report pertaining to the crime from which the injury
23 resulted, a report from the [crime victims board] office of victim
24 services or other evidence or documentation which would tend to substan-
25 tiate that a physical disability was inflicted upon an individual as the
26 result of a crime shall also be submitted to the assessor.
27 § 52. Paragraph 2 of subdivision c of section 17-193 of the adminis-
28 trative code of the city of New York, as added by local law number 62 of
29 the city of New York for the year 2007, is amended to read as follows:
30 2. contact information for the New York state [crime victims board]
31 office of victim services and information indicating how such owner,
32 resident or occupant can apply to such [board] office for financial
33 assistance to help cover the cost of professional clean up of a trauma
34 scene, including how application forms can be obtained at the [board's]
35 office's local office or website;
36 § 53. Transfer of records. The crime victims board shall deliver to
37 the office of victim services all books, papers, records, and property
38 as requested by the office of victim services pursuant to this act.
39 § 54. Completion of unfinished business. Any business or other matter
40 undertaken or commenced by the crime victims board pertaining to or
41 connected with the functions, powers, obligations and duties hereby
42 transferred and assigned to the office of victim services and pending on
43 the effective date of this act may be conducted and completed by the
44 office of victim services in the same manner and under the same terms
45 and conditions and with the same effect as if conducted and completed by
46 the former crime victims board; provided, however, that claims accepted
47 by the crime victims board but not determined before the effective date
48 of this act shall be determined by the office of victim services pursu-
49 ant to the regulations promulgated pursuant to section 627 of the execu-
50 tive law as added by section eighteen of this act.
51 § 55. Terms occurring in laws, contracts and other documents. Whenever
52 the crime victims board is referred to or designated in any law,
53 contract or documents pertaining to the functions, powers, obligations
54 and duties hereby transferred and assigned to the office of victim
55 services, such reference or designation shall be deemed to refer to the
56 office of victim services.
S. 6606--B 59 A. 9706--C
1 § 56. Existing rights and remedies preserved. No existing right or
2 remedy of any character shall be lost, impaired or affected by reason of
3 this act.
4 § 57. Pending actions and proceedings. No action or proceeding pending
5 at the time when this act shall take effect brought by or against the
6 crime victims board relating to the functions, powers, obligations or
7 duties transferred to or devolved upon the office of victim services
8 shall be affected by this act, but the same may be prosecuted or
9 defended in the name of the office of victim services and, upon applica-
10 tion to the court, the office of victim services shall be substituted as
11 a party.
12 § 58. This act shall take effect immediately; provided, however, that:
13 (a) the amendments to subdivision (a) of section 483-ee of the social
14 services law made by section five of this act shall not affect the
15 repeal of such section and shall be deemed repealed therewith; and
16 (b) the amendments to subdivisions 7 and 8 of section 500-c of the
17 correction law made by section forty-three of this act shall not affect
18 the repeal of such section and shall be deemed repealed therewith.
19 PART B
20 Section 1. Section 20 of the executive law, as added by chapter 640 of
21 the laws of 1978, paragraph a of subdivision 2 as amended by chapter 781
22 of the laws of 1988, is amended to read as follows:
23 § 20. Natural and man-made disasters; policy; definitions. 1. It shall
24 be the policy of the state that:
25 a. local government and emergency service organizations continue their
26 essential role as the first line of defense in times of disaster, and
27 that the state provide appropriate supportive services to the extent
28 necessary;
29 b. local chief executives take an active and personal role in the
30 development and implementation of disaster preparedness programs and be
31 vested with authority and responsibility in order to insure the success
32 of such programs;
33 c. state and local natural disaster and emergency response functions
34 be coordinated using recognized practices in incident management in
35 order to bring the fullest protection and benefit to the people;
36 d. state resources be organized and prepared for immediate effective
37 response to disasters which are beyond the capability of local govern-
38 ments and emergency service organizations; and
39 e. state and local plans, organizational arrangements, and response
40 capability required to execute the provisions of this article shall at
41 all times be the most effective that current circumstances and existing
42 resources allow.
43 2. As used in this article the following terms shall have the follow-
44 ing meanings:
45 a. "disaster" means occurrence or imminent threat of wide spread or
46 severe damage, injury, or loss of life or property resulting from any
47 natural or man-made causes, including, but not limited to, fire, flood,
48 earthquake, hurricane, tornado, high water, landslide, mudslide, wind,
49 storm, wave action, volcanic activity, epidemic, air contamination,
50 terrorism, cyber event, blight, drought, infestation, explosion, radio-
51 logical accident, nuclear, chemical, biological, or bacteriological
52 release, water contamination, bridge failure or bridge collapse.
S. 6606--B 60 A. 9706--C
1 b. "state disaster emergency" means a period beginning with a declara-
2 tion by the governor that a disaster exists and ending upon the termi-
3 nation thereof.
4 c. "municipality" means a public corporation as defined in subdivision
5 one of section sixty-six of the general construction law and a special
6 district as defined in subdivision sixteen of section one hundred two of
7 the real property tax law.
8 d. "commission" means the disaster preparedness commission created
9 pursuant to section twenty-one of this article.
10 e. "emergency services organization" means a public or private agency,
11 voluntary organization or group organized and functioning for the
12 purpose of providing fire, medical, ambulance, rescue, housing, food or
13 other services directed toward relieving human suffering, injury or loss
14 of life or damage to property as a result of an emergency, including
15 non-profit and governmentally-supported organizations, but excluding
16 governmental agencies.
17 f. "chief executive" means:
18 (1) a county executive or manager of a county;
19 (2) in a county not having a county executive or manager, the chairman
20 or other presiding officer of the county legislative body;
21 (3) a mayor of a city or village, except where a city or village has a
22 manager, it shall mean such manager; and
23 (4) a supervisor of a town, except where a town has a manager, it
24 shall mean such manager.
25 g. "Disaster emergency response personnel" means agencies, public
26 officers, employees, or affiliated volunteers having duties and respon-
27 sibilities under or pursuant to a comprehensive emergency management
28 plan.
29 h. "Emergency management director" means the government official
30 responsible for emergency preparedness, response and recovery for a
31 county, city, town, or village.
32 § 2. Section 21 of the executive law, as added by chapter 640 of the
33 laws of 1978, subdivision 1 as amended by chapter 346 of the laws of
34 2002, subdivision 2 as amended by chapter 158 of the laws of 1994, para-
35 graph c of subdivision 3 as amended by chapter 42 of the laws of 2004,
36 and paragraphs f, g, h, i, and j of subdivision 3 as amended and para-
37 graph k of subdivision 3 as added by chapter 171 of the laws of 2006, is
38 amended to read as follows:
39 § 21. Disaster preparedness commission established; meetings; powers
40 and duties. 1. There is hereby created in the executive department a
41 disaster preparedness commission consisting of the commissioners of
42 transportation, health, division of criminal justice services, educa-
43 tion, social services, economic development, agriculture and markets,
44 housing and community renewal, general services, labor, environmental
45 conservation, mental health, parks, recreation and historic preserva-
46 tion, correctional services and children and family services, the presi-
47 dent of the New York state energy research and development authority,
48 the superintendents of state police, insurance, banking, the secretary
49 of state, the state fire administrator, the chair of the public service
50 commission, the adjutant general, the [director] directors of the
51 [state] offices within the division of homeland security and emergency
52 services, the office for technology, and the [chairman] office of victim
53 services, the chairs of the thruway authority, the metropolitan trans-
54 portation authority, the port authority of New York and New Jersey, the
55 chief professional officer of the state coordinating chapter of the
56 American Red Cross and three additional members, to be appointed by the
S. 6606--B 61 A. 9706--C
1 governor, two of whom shall be chief executives. Each member agency may
2 designate an officer of that agency, with responsibility for disaster
3 preparedness matters, who may represent that agency on the commission.
4 The commissioner of the division of homeland security and emergency
5 services shall serve as chair of the commission, and the governor shall
6 designate the vice chair of the commission. The members of the commis-
7 sion, except those who serve ex officio, shall be allowed their actual
8 and necessary expenses incurred in the performance of their duties under
9 this article but shall receive no additional compensation for services
10 rendered pursuant to this article.
11 2. The commission, on call of the chairperson, shall meet at least
12 twice each year and at such other times as may be necessary. The agenda
13 and meeting place of all regular meetings shall be made available to the
14 public in advance of such meetings and all such meetings shall be open
15 to the public. The commission shall establish quorum requirements and
16 other rules and procedures regarding conduct of its meetings and other
17 affairs. [The adjutant general shall serve as secretary to the commis-
18 sion and provide staff services as may be necessary through the state
19 emergency management office.]
20 3. The commission shall have the following powers and responsibil-
21 ities:
22 a. study all aspects of man-made or natural disaster prevention,
23 response and recovery;
24 b. request and obtain from any state or local officer or agency any
25 information necessary to the commission for the exercise of its respon-
26 sibilities;
27 c. prepare [state disaster preparedness plans, to be approved by the
28 governor, and review such plans and report thereon] and, as appropriate,
29 revise a state comprehensive emergency management plan. The commission
30 shall report all revisions to such plan by March thirty-first of each
31 year to the governor, the legislature and the chief judge of the state,
32 unless a current version of the plan is available to the public on the
33 website of the division of homeland security and emergency services. In
34 preparing such plans, the commission shall consult with federal and
35 local officials, emergency service organizations including both volun-
36 teer and commercial emergency response organizations, and the public as
37 it deems appropriate. To the extent such plans impact upon adminis-
38 tration of the civil and criminal justice systems of the state, includ-
39 ing their operational and fiscal needs in times of disaster emergency,
40 the commission, its staff and any working group, task force, agency or
41 other instrumentality to which it may delegate responsibility to assist
42 it in its duties shall consult with the chief administrator of the
43 courts and coordinate their preparation with him or her or with his or
44 her representatives;
45 d. prepare, keep current and distribute to chief executives and others
46 an inventory of programs directly relevant to prevention, minimization
47 of damage, readiness, operations during disasters, and recovery follow-
48 ing disasters;
49 e. direct state disaster operations and coordinate state disaster
50 operations with local disaster operations following the declaration of a
51 state disaster emergency;
52 f. unless it deems it unnecessary, create, following the declaration
53 of a state disaster emergency, a temporary organization in the disaster
54 area to provide for integration and coordination of efforts among the
55 various federal, state, municipal and private agencies involved. The
56 commission, upon a finding that a municipality is unable to manage local
S. 6606--B 62 A. 9706--C
1 disaster operations, may, with the approval of the governor, direct the
2 temporary organization to assume direction of the local disaster oper-
3 ations of such municipality, for a specified period of time, and in such
4 cases such temporary organization shall assume direction of such local
5 disaster operations, subject to the supervision of the commission. In
6 such event, such temporary organization may utilize such municipality's
7 local resources, provided, however, that the state shall not be liable
8 for any expenses incurred in using such municipality's resources;
9 g. assist in the coordination of federal recovery efforts and coordi-
10 nate recovery assistance by state and private agencies;
11 h. provide for periodic briefings, drills, exercises or other means to
12 assure that all state personnel with direct responsibilities in the
13 event of a disaster are fully familiar with response and recovery plans
14 and the manner in which they shall carry out their responsibilities, and
15 coordinate with federal, local or other state personnel. Such activities
16 may take place on a regional or county basis, and local and federal
17 participation shall be invited and encouraged;
18 i. submit to the governor, the legislature and the chief judge of the
19 state by March thirty-first of each year an annual report which shall
20 include but need not be limited to:
21 (1) a summary of commission and state agency activities for the year
22 and plans for the ensuing year with respect to the duties and responsi-
23 bilities of the commission;
24 (2) recommendations on ways to improve state and local capability to
25 prevent, prepare for, respond to and recover from disasters;
26 (3) the status of the state and local plans for disaster preparedness
27 and response, including the name of any locality which has failed or
28 refused to develop and implement its own disaster preparedness plan and
29 program; and the extent to which all forms of local emergency response
30 assets have been included, and accounted for in planning and preparation
31 for disaster preparedness and response; and
32 j. [coordinate and, to the extent possible and feasible, integrate
33 commission activities, responsibilities and duties with those of the
34 civil defense commission; and
35 k.] develop public service announcements to be distributed to tele-
36 vision and radio stations and other media throughout the state informing
37 the public how to prepare and respond to disasters. Such public service
38 announcements shall be distributed in English and such other languages
39 as such commission deems appropriate.
40 4. All powers of the state civil defense commission are assigned to
41 the commission.
42 5. The office of emergency management within the division of homeland
43 security and emergency services shall serve as the staff arm of the
44 commission and shall be responsible for implementing provisions of this
45 article and the rules and policies adopted by the commission.
46 § 3. Subdivision 3 of section 22 of the executive law, as added by
47 chapter 640 of the laws of 1978, subparagraph 8 of paragraph b as
48 amended by chapter 42 of the laws of 2004 and subparagraphs 14 and 15 of
49 paragraph b as amended and subparagraph 16 of paragraph b as added by
50 chapter 677 of the laws of 2006, is amended to read as follows:
51 3. Such plans shall be prepared with such assistance from other agen-
52 cies as the commission deems necessary, and shall include, but not be
53 limited to:
54 a. Disaster prevention and mitigation. Plans to prevent and minimize
55 the effects of disasters shall include, but not be limited to:
S. 6606--B 63 A. 9706--C
1 (1) identification of [potential disasters and disaster sites] hazards
2 and assessment of risk;
3 (2) recommended disaster prevention and mitigation projects, policies,
4 priorities and programs, with suggested implementation schedules, which
5 outline federal, state and local roles;
6 (3) suggested revisions and additions to building and safety codes,
7 and zoning and other land use programs;
8 (4) suggested ways in which state agencies can provide technical
9 assistance to municipalities in the development of local disaster
10 prevention and mitigation plans and programs;
11 (5) such other measures as reasonably can be taken to [prevent disas-
12 ters or mitigate their impact] protect lives, prevent disasters, and
13 reduce the impact of disasters.
14 b. Disaster response. Plans to coordinate the use of resources and
15 manpower for service during and after disaster emergencies and to deliv-
16 er services to aid citizens and reduce human suffering resulting from a
17 disaster emergency shall include, but not be limited to:
18 (1) [centralized] coordination of resources, manpower and services,
19 using recognized practices in incident management and utilizing existing
20 organizations and lines of authority and centralized direction of
21 requests for assistance;
22 (2) the location, procurement, construction, processing, transporta-
23 tion, storing, maintenance, renovation, distribution, disposal or use of
24 materials, including those donated, and facilities and services;
25 (3) a system for warning populations who are or may be endangered;
26 (4) arrangements for activating state, municipal and volunteer forces,
27 through normal chains of command so far as possible and for continued
28 communication and reporting;
29 (5) a specific plan for rapid and efficient communication, and for the
30 integration of state communication facilities during a state disaster
31 emergency, including the assignment of responsibilities and the estab-
32 lishment of communication priorities, and liaison with municipal,
33 private and federal communication facilities;
34 (6) a plan for coordinated evacuation procedures, including the estab-
35 lishment of temporary housing and other necessary facilities;
36 (7) criteria for establishing priorities with respect to the restora-
37 tion of vital services and debris removal;
38 (8) plans for the continued effective operation of the civil and crim-
39 inal justice systems;
40 (9) provisions for training state and local government personnel and
41 volunteers in disaster response operations;
42 (10) providing information to the public;
43 (11) care for the injured and needy and identification and disposition
44 of the dead;
45 (12) utilization and coordination of programs to assist victims of
46 disasters, with particular attention to the needs of the poor, the
47 elderly, [the handicapped] individuals with disabilities and other
48 groups which may be especially affected;
49 (13) control of ingress and egress to and from a disaster area;
50 (14) arrangements to administer federal disaster assistance;
51 (15) a system for obtaining and coordinating [disaster information]
52 situational awareness including the centralized assessment of disaster
53 effects and resultant needs; and
54 (16) utilization and coordination of programs to assist individuals
55 with household pets and service animals following a disaster, with
S. 6606--B 64 A. 9706--C
1 particular attention to means of evacuation, shelter and transportation
2 options.
3 c. Recovery. Plans to provide for recovery and redevelopment after
4 disaster emergencies shall include, but not be limited to:
5 (1) measures to coordinate state agency assistance in recovery
6 efforts;
7 (2) arrangements to administer federal recovery assistance; and
8 (3) such other measures as reasonably can be taken to assist in the
9 development and implementation of local disaster recovery plans.
10 § 4. Section 23 of the executive law, as added by chapter 640 of the
11 laws of 1978, subdivision 1 as amended by chapter 603 of the laws of
12 1993, subdivision 5 and subparagraph 8 of paragraph b of subdivision 7
13 as amended by chapter 42 of the laws of 2004, and subparagraphs 16 and
14 17 of paragraph b of subdivision 7 as amended and subparagraph 18 of
15 paragraph b of subdivision 7 as added by chapter 677 of the laws of
16 2006, is amended to read as follows:
17 § 23. Local [disaster preparedness] comprehensive emergency management
18 plans. 1. Each county, except those contained within the city of New
19 York, and each city, town and village is authorized to prepare [disaster
20 preparedness] comprehensive emergency management plans. The disaster
21 preparedness commission shall provide assistance and advice for the
22 development of such plans. City, town and village plans shall be coordi-
23 nated with the county plan.
24 2. The purpose of such plans shall be to minimize the effect of disas-
25 ters by (i) identifying appropriate local measures to prevent disasters,
26 (ii) developing mechanisms to coordinate the use of local resources and
27 manpower for service during and after disasters and the delivery of
28 services to aid citizens and reduce human suffering resulting from a
29 disaster, and (iii) providing for recovery and redevelopment after
30 disasters.
31 3. Plans for coordination of resources, manpower and services shall
32 provide for a centralized coordination and direction of requests for
33 assistance.
34 4. Plans for coordination of assistance shall provide for utilization
35 of existing organizations and lines of authority.
36 5. In preparing such plans, cooperation, advice and assistance shall
37 be sought from local government officials, regional and local planning
38 agencies, police agencies, fire departments and fire companies, local
39 [civil defense] emergency management agencies, commercial and volunteer
40 ambulance services, health and social services officials, community
41 action agencies, the chief administrator of the courts, organizations
42 for the elderly and the handicapped, other interested groups and the
43 general public. Such advice and assistance may be obtained through
44 public hearings held on public notice, or through other appropriate
45 methods.
46 6. All plans for [disaster preparedness] comprehensive emergency
47 management developed by local governments or any revisions thereto shall
48 be submitted to the commission by December thirty-first of each year to
49 facilitate state coordination of disaster operations.
50 7. Such plans shall include, but not be limited to:
51 a. Disaster prevention and mitigation. Plans to prevent and minimize
52 the effects of disasters shall include, but not be limited to:
53 (1) [identification of potential disasters and disaster sites] iden-
54 tification of hazards and assessment of risk;
S. 6606--B 65 A. 9706--C
1 (2) recommended disaster prevention and mitigation projects, policies,
2 priorities and programs, with suggested implementation schedules, which
3 outline federal, state and local roles;
4 (3) suggested revisions and additions to building and safety codes and
5 zoning and other land use programs;
6 (4) such other measures as reasonably can be taken to [prevent disas-
7 ters or mitigate their impact] protect lives, prevent disasters, and
8 reduce their impact.
9 b. Disaster response. Plans to coordinate the use of resources and
10 manpower for service during and after disasters and to deliver services
11 to aid citizens and reduce human suffering resulting from a disaster
12 shall include, but not be limited to:
13 (1) [centralized] coordination of resources, manpower and services,
14 using recognized practices in incident management, utilizing existing
15 organizations and lines of authority and centralized direction of
16 requests for assistance;
17 (2) the location, procurement, construction, processing, transporta-
18 tion, storing, maintenance, renovation, distribution, disposal or use of
19 materials, including those donated, and facilities and services which
20 may be required in time of disaster;
21 (3) a system for warning populations who are or may be endangered;
22 (4) arrangements for activating municipal and volunteer forces,
23 through normal chains of command so far as possible, and for continued
24 communication and reporting;
25 (5) a specific plan for rapid and efficient communication and for the
26 integration of local communication facilities during a disaster includ-
27 ing the assignment of responsibilities and the establishment of communi-
28 cation priorities and liaison with municipal, private, state and federal
29 communication facilities;
30 (6) a plan for coordination evacuation procedures including the estab-
31 lishment of temporary housing and other necessary facilities;
32 (7) criteria for establishing priorities with respect to the restora-
33 tion of vital services and debris removal;
34 (8) plans for the continued effective operation of the civil and crim-
35 inal justice systems;
36 (9) provisions for training local government personnel and volunteers
37 in disaster response operations;
38 (10) providing information to the public;
39 (11) care for the injured and needy and identification and disposition
40 of the dead;
41 (12) utilization and coordination of programs to assist victims of
42 disasters, with particular attention to the needs of the poor, the
43 elderly, [the handicapped] individuals with disabilities and other
44 groups which may be especially affected;
45 (13) control of ingress and egress to and from a disaster area;
46 (14) arrangements to administer state and federal disaster assistance;
47 (15) procedures under which the county, city, town, village or other
48 political subdivision and emergency organization personnel and resources
49 will be used in the event of a disaster;
50 (16) a system for obtaining and coordinating disaster information
51 including the centralized assessment of local disaster effects and
52 resultant needs;
53 (17) continued operation of governments of political subdivisions; and
54 (18) utilization and coordination of programs to assist individuals
55 with household pets and service animals following a disaster, with
S. 6606--B 66 A. 9706--C
1 particular attention to means of evacuation, shelter and transportation
2 options.
3 c. Recovery. Local plans to provide for recovery and redevelopment
4 after disasters shall include, but not be limited to:
5 (1) recommendations for replacement, reconstruction, removal or relo-
6 cation of damaged or destroyed public or private facilities, proposed
7 new or amendments to zoning, subdivision, building, sanitary or fire
8 prevention regulations and recommendations for economic development and
9 community development in order to minimize the impact of any potential
10 future disasters on the community.
11 (2) provision for cooperation with state and federal agencies in
12 recovery efforts.
13 (3) provisions for training and educating local disaster officials or
14 organizations in the preparation of applications for federal and state
15 disaster recovery assistance.
16 § 5. Paragraph f of subdivision 1 of section 24 of the executive law,
17 as added by chapter 158 of the laws of 1994, is amended to read as
18 follows:
19 f. the establishment or designation of emergency shelters [and/or],
20 emergency medical shelters, and in consultation with the state commis-
21 sioner of health, alternate medical care sites;
22 § 6. Subdivisions 2 and 3 of section 26 of the executive law, subdivi-
23 sion 2 as added by chapter 640 of the laws of 1978 and subdivision 3 as
24 amended by chapter 158 of the laws of 1994, are amended to read as
25 follows:
26 2. Coordination of assistance shall utilize existing organizations and
27 lines of authority and shall utilize any [disaster preparedness or civil
28 defense plans] comprehensive emergency management plans prepared by the
29 affected municipality.
30 3. A chief executive or any elected or appointed county, city, town or
31 village official shall not be held responsible for acts or omissions of
32 municipal employees, disaster preparedness forces or civil defense forc-
33 es when performing disaster assistance pursuant to a declared disaster
34 emergency or when exercising [disaster preparedness] comprehensive emer-
35 gency management plans.
36 § 7. Section 29-b of the executive law, as added by chapter 640 of the
37 laws of 1978, is amended to read as follows:
38 § 29-b. Use of [civil defense forces] disaster emergency response
39 personnel in disasters. 1. The governor may, in his or her discretion,
40 direct the state [civil defense commission] disaster preparedness
41 commission to conduct [a civil defense drill] an emergency exercise or
42 drill, under its direction, in which all or any of the [civil defense
43 forces] personnel and resources of the agencies of the commission of the
44 state may be utilized to perform the duties assigned to them in a [civil
45 defense emergency] disaster, for the purpose of protecting and preserv-
46 ing human life or property in a disaster. [In such event, civil defense
47 forces] During a disaster or such drill or exercise, disaster emergency
48 response personnel in the state shall operate under the direction and
49 command of the [state director of civil defense] chair of such commis-
50 sion, and shall possess the same powers, duties, rights, privileges and
51 immunities as are applicable in a civil defense drill held at the direc-
52 tion of the state civil defense commission under the provisions of the
53 New York state defense emergency act.
54 2. Local use of [civil defense forces] disaster emergency response
55 personnel. a. Upon the threat or occurrence of a disaster, and during
56 and immediately following the same, and except as otherwise provided in
S. 6606--B 67 A. 9706--C
1 paragraph d of this subdivision, the county chief executive may direct
2 the [civil defense director] emergency management director of a county
3 to assist in the protection and preservation of human life or property
4 by [holding a civil defense drill and training exercise at the scene of
5 the disaster and at any other appropriate places within the county, in
6 which all or any civil defense forces may be called upon] calling upon
7 disaster emergency response personnel employed by or supporting that
8 county, as specified in the county comprehensive emergency management
9 plan, to perform the [civil defense] emergency response duties assigned
10 to them.
11 b. The [civil defense forces] disaster emergency response personnel of
12 the county shall be regarded as a reserve disaster force to be acti-
13 vated, in whole [in] or in part, by the county [civil defense director]
14 emergency management director upon the direction of the county chief
15 executive when the county chief executive, in his or her discretion, is
16 convinced that the personnel and resources of local municipal and
17 private agencies normally available for disaster assistance are insuffi-
18 cient adequately to cope with the disaster.
19 c. Except as provided in paragraph d of this subdivision, the county
20 chief executive may exercise the power conferred upon him in paragraph a
21 of this subdivision, or may deactivate the [civil defense forces] disas-
22 ter emergency response personnel of the county in whole or in part, on
23 his own motion or upon the request of the chief executive officer of a
24 village, town or city located within the county of which he is an offi-
25 cer.
26 d. Where the local office of [civil defense] public safety or emergen-
27 cy management in a city is independent of the county office of [civil
28 defense] public safety or emergency management and is not consolidated
29 therewith, the county chief executive may direct the [civil defense
30 director] emergency management director of the county to render assist-
31 ance within such city only when the chief executive officer of such city
32 has certified to him that the [civil defense forces] disaster emergency
33 response personnel of the city have been activated pursuant to the
34 provisions of subdivision three of this section and that all resources
35 available locally are insufficient adequately to cope with the disaster.
36 e. When performing disaster assistance pursuant to this section, coun-
37 ty [civil defense forces] disaster emergency response personnel shall
38 operate under the direction and command of the county [civil defense]
39 emergency management director and his or her duly authorized deputies,
40 and shall possess the same powers, duties, rights, privileges and immu-
41 nities they would possess when performing their duties in a locally
42 sponsored civil defense drill or training exercise in the civil or poli-
43 tical subdivision in which they are enrolled, employed or assigned
44 [civil defense] emergency response responsibilities.
45 f. The chief executive officer of a city shall be responsible for the
46 conduct of disaster operations within the city, including the operations
47 directed by the county [civil defense] emergency management director
48 when rendering disaster assistance within a city pursuant to this
49 section.
50 g. Outside of a city, the sheriff of the county, and in Nassau county
51 the commissioner of police of the county of Nassau, shall supervise the
52 operations of the [civil defense director] emergency management director
53 when rendering peace officer duties incident to disaster assistance. The
54 sheriff and such commissioner may delegate such supervisory power to an
55 elected or appointed town or village official in the area affected.
S. 6606--B 68 A. 9706--C
1 h. Neither the chief executive officer of a city, nor the county chief
2 executive, nor any elected or appointed town or village official to whom
3 the county chief executive has delegated supervisory power as aforesaid
4 shall be held responsible for acts or omissions of [civil defense forc-
5 es] disaster emergency response personnel when performing disaster
6 assistance.
7 3. City use of [civil defense forces] disaster emergency response
8 personnel. a. Upon the threat or occurrence of a disaster, and during
9 and immediately following the same, and except as otherwise provided in
10 paragraph d of this subdivision, the chief executive of a city may
11 direct the [civil defense] emergency management director of the city to
12 assist in the protection and preservation of human life or property by
13 [holding a civil defense drill and training exercise at the scene of the
14 disaster and at any other appropriate places within the city, in which
15 all or any civil defense forces may be called upon] calling upon city
16 disaster emergency response personnel to perform the [civil defense]
17 emergency response duties assigned to them.
18 b. The [civil defense forces] disaster emergency response personnel of
19 the city shall be regarded as a reserve disaster force to be activated,
20 in whole or in part, by the city [civil defense] emergency management
21 director upon the direction of the chief executive officer of the city
22 when the latter, in his or her discretion, is convinced that the person-
23 nel and resources of local municipal and private agencies normally
24 available for disaster assistance are insufficient adequately to cope
25 with the disaster.
26 c. Except as provided in paragraph d of this subdivision, the chief
27 executive officer of a city may exercise the power conferred upon him in
28 paragraph a of this subdivision, or may deactivate the [civil defense
29 forces] disaster emergency response personnel of the city in whole or in
30 part, on his own motion or upon the request of the head of the city
31 police force.
32 d. Where the local office of [civil defense] emergency management in a
33 city is under the jurisdiction of a consolidated county office of civil
34 defense as provided in the New York state defense emergency act, the
35 chief executive officer of such city seeking the assistance of [civil
36 defense forces] disaster emergency response personnel in the protection
37 and preservation of human life or property within such city because of
38 such disaster, must request the same from the county chief executive in
39 which such city is located, in the same manner as provided for assist-
40 ance to towns and villages in subdivision two of this section.
41 e. When performing disaster assistance pursuant to this subdivision,
42 [city civil defense forces] disaster emergency response personnel shall
43 operate under the direction and command of the city [civil defense
44 director] emergency management director and his or her duly authorized
45 deputies, and shall possess the same powers, duties, rights, privileges,
46 and immunities they would possess when performing their duties in a
47 locally sponsored civil defense drill or training exercise in the city
48 in which they are enrolled, employed or assigned [civil defense] emer-
49 gency response responsibilities.
50 f. Where the city [civil defense forces] disaster emergency response
51 personnel have been directed to assist in local disaster operations
52 pursuant to paragraph a of this subdivision, and the chief executive
53 officer of the city is convinced that the personnel and resources of
54 local municipal and private agencies normally available for disaster
55 assistance, including local [civil defense forces] disaster emergency
56 response personnel, are insufficient adequately to cope with the disas-
S. 6606--B 69 A. 9706--C
1 ter, he or she may certify the fact to the county chief executive and
2 request the county chief executive to direct the county [civil defense]
3 emergency management director to render assistance in the city, as
4 provided in subdivision two of this section.
5 g. The chief executive officer of a city shall be responsible for the
6 conduct of disaster operations within the city, including the operations
7 directed by the county [civil defense] emergency management director,
8 when rendering disaster assistance within a city pursuant to this subdi-
9 vision.
10 h. Neither the chief executive officer of a city, nor the county chief
11 executive, shall be held responsible for acts or omissions of [civil
12 defense forces] disaster emergency response personnel when performing
13 disaster assistance.
14 § 8. Paragraph (e) of subdivision 1 of section 29-e of the executive
15 law, as added by chapter 603 of the laws of 1993, is amended to read as
16 follows:
17 (e) "The [state] office of emergency management [office]" shall mean
18 the office within the [office of military and naval affairs that assists
19 the disaster preparedness commission in implementing the powers and
20 duties of the disaster preparedness commission] division of homeland
21 security and emergency services.
22 § 9. Paragraphs (a), (f) and (g) of subdivision 3 of section 29-e of
23 the executive law, as added by chapter 603 of the laws of 1993, are
24 amended to read as follows:
25 (a) Upon the issuance of a declaration of significant economic
26 distress due to unanticipated natural disaster by the governor, a muni-
27 cipality recognized by the governor as being affected by such disaster
28 which occurred on or after December first, nineteen hundred ninety-two,
29 may apply to the [state emergency management office] division of home-
30 land security and emergency services on a form prescribed by such
31 office, for reimbursement from the state's contingency reserve fund for
32 reimbursement of extraordinary and unanticipated costs associated with
33 the reconstruction or repair of public buildings, facilities or infras-
34 tructure.
35 (f) In providing assistance pursuant to this section, the [state emer-
36 gency management office] division of homeland security and emergency
37 services may give preference to applicants which demonstrate the great-
38 est need or which document that such assistance will be utilized to
39 bring the applicant into compliance with federal or state law.
40 (g) In the event that amounts appropriated are insufficient to provide
41 for full reimbursement of all extraordinary and unanticipated costs
42 incurred by such municipality approved for reimbursement pursuant to
43 this section, the [state emergency management office] division of home-
44 land security and emergency services is authorized to provide a pro rata
45 share of the appropriations, appropriated herein, to such municipality.
46 § 10. Paragraphs (a) and (b) of subdivision 4 of section 29-e of the
47 executive law, as added by chapter 603 of the laws of 1993, are amended
48 to read as follows:
49 (a) The [adjutant general] commissioner of the division of homeland
50 security and emergency services as defined in article [nine] twenty-six
51 of this chapter with the [advise] advice and consent of the disaster
52 preparedness commission created pursuant to this article, shall have the
53 power to make such rules and regulations as may be necessary and proper
54 to effectuate the purposes of this section.
55 (b) The [adjutant general] commissioner of the division of homeland
56 security and emergency services shall by March fifteenth of each year
S. 6606--B 70 A. 9706--C
1 report to the governor and the legislature describing the activities and
2 operation of the program authorized by this section. Such report shall
3 set forth the number of reimbursement applications received and
4 approved; the identities of the counties, cities, towns and villages
5 receiving reimbursement together with the amount and purpose of the
6 reimbursement.
7 § 10-a. The executive law is amended by adding a new section 29-h to
8 read as follows:
9 § 29-h. Intrastate mutual aid program. 1. Creation. There is hereby
10 created the intrastate mutual aid program to complement existing mutual
11 aid agreements in the event of a disaster that results in a formal
12 declaration of an emergency by a participating local government. All
13 local governments within the state, excepting those which affirmatively
14 choose not to participate in accordance with subdivision four of this
15 section, are deemed to be participants in the program.
16 2. Definitions. As used in this section, the following terms shall
17 have the following meanings:
18 a. "Employee" means any person holding a position by election,
19 appointment, or employment by a local government;
20 b. "Local government" means any county, city, town or village of the
21 state;
22 c. "Local emergency management officer" means the local government
23 official responsible for emergency preparedness, response and recovery;
24 d. "Requesting local government" means the local government that asks
25 another local government for assistance during a declared emergency, or
26 for the purposes of conducting training, or undertaking a drill or exer-
27 cise;
28 e. "Assisting local government" means one or more local governments
29 that provide assistance pursuant to a request for assistance from a
30 requesting local government during a declared emergency, or for the
31 purposes of conducting training, or undertaking a drill or exercise; and
32 f. "Disaster" shall have the same meaning as in section twenty of this
33 article.
34 3. Intrastate mutual aid program committee established; meetings;
35 powers and duties. a. There is hereby created within the disaster
36 preparedness commission an intrastate mutual aid program committee, for
37 purposes of this section to be referred to as the committee, which shall
38 be chaired by the commissioner of the division of homeland security and
39 emergency services, and shall include the state fire administrator, the
40 commissioner of health, and the commissioner of agriculture and markets,
41 provided that each such official may appoint a designee to serve in his
42 or her place on the committee. The committee shall also include five
43 representatives from local public safety or emergency response agencies,
44 who shall serve a maximum two-year term, to be appointed by the commis-
45 sioner of the division of homeland security and emergency services, with
46 regard to a balance of geographic representation and discipline exper-
47 tise.
48 b. The committee, on the call of the chairperson, shall meet at least
49 twice each year and at such other times as may be necessary. The agenda
50 and meeting place of all regular meetings shall be made available to the
51 public in advance of such meetings and all such meetings shall be open
52 to the public.
53 c. The committee shall have the following powers and responsibilities:
54 (1) to promulgate rules and regulations, acting through the division
55 of homeland security and emergency services, to implement the intrastate
56 mutual aid program as described in this section;
S. 6606--B 71 A. 9706--C
1 (2) to develop policies, procedures and guidelines associated with the
2 program, including a process for the reimbursement of assisting local
3 governments by requesting local governments;
4 (3) to evaluate the use of the intrastate mutual aid program;
5 (4) to examine issues facing participating local governments regarding
6 the implementation of the intrastate mutual aid program; and
7 (5) to prepare reports to the disaster preparedness commission
8 discussing the effectiveness of mutual aid in the state and making
9 recommendations for improving the efficacy of the system, if appropri-
10 ate.
11 4. Local government participation in the intrastate mutual aid
12 program. a. A local government may elect not to participate in the
13 intrastate mutual aid program, or to withdraw from the program, by its
14 governing body enacting a resolution declaring that it elects not to
15 participate in the program and providing such resolution to the division
16 of homeland security and emergency services. Participation in the
17 program will continue until a copy of such resolution is received and
18 confirmed by the division of homeland security and emergency services.
19 b. A local government that has declined to participate in the program
20 may, acting by resolution through its governing body and providing a
21 copy of the resolution to the division of homeland security and emergen-
22 cy services, elect to participate in the program.
23 c. Nothing in this section shall preclude a local government from
24 entering into mutual aid agreements with other local governments or
25 other entities with terms that supplement or differ from the provisions
26 of this section.
27 d. Nothing in this section shall affect any other agreement to which a
28 local government may currently be a party, or later enter into, includ-
29 ing, but not limited to, the state fire mobilization and mutual aid
30 plan.
31 5. Fire related resources. Notwithstanding the authority vested
32 pursuant to this section, all fire related resources shall be adminis-
33 tered pursuant to section two hundred nine-e of the general municipal
34 law.
35 6. Requesting assistance under the intrastate mutual aid program. a. A
36 participating local government may request assistance of other partic-
37 ipating local governments in preventing, mitigating, responding to and
38 recovering from disasters that result in locally-declared emergencies,
39 or for the purpose of conducting multi-jurisdictional or regional train-
40 ing, drills or exercises. Requests for assistance may be made verbally
41 or in writing; verbal requests shall be memorialized in writing as soon
42 thereafter as is practicable.
43 b. Once an emergency is declared at the county level, all requests and
44 offers for assistance, to the extent practical, shall be made through
45 the county emergency management office, or in the case of the city of
46 New York, through the city emergency management office. All requests
47 for assistance should include:
48 (1) a description of the disaster;
49 (2) a description of the assistance needed;
50 (3) a description of the mission for which assistance is requested;
51 (4) an estimate of the length of time the assistance will be needed;
52 (5) the specific place and time for staging of the assistance and a
53 point of contact at that location; and
54 (6) any other information that will enable an assisting local govern-
55 ment to respond appropriately to the request.
S. 6606--B 72 A. 9706--C
1 c. Assisting local governments shall submit to the requesting local
2 government an inventory of the resources being deployed.
3 d. The written request for assistance and all inventories of resources
4 being deployed shall be submitted to the division of homeland security
5 and emergency services within three calendar days of the request for or
6 deployment of such resources.
7 7. Division of homeland security and emergency services responsibil-
8 ities under the intrastate mutual aid program. The division of homeland
9 security and emergency services shall provide notification by mail to
10 each local government with a comprehensive description of the intrastate
11 mutual aid program, including a statement that all local governments are
12 participants of the program unless they expressly opt out pursuant to
13 subdivision four of this section; maintain a current list of participat-
14 ing local governments with their authorized representatives and contact
15 information, and provide a copy of the list to each of the participating
16 local governments on an annual basis during the second quarter of each
17 calendar year; monitor and report to the intrastate mutual aid program
18 committee on the use of the intrastate mutual aid program; coordinate
19 the provision of mutual aid resources in accordance with the comprehen-
20 sive emergency management plan and supporting protocols; identify mutual
21 aid best practices; when practical, provide the committee with statis-
22 tical information related to the use of mutual aid during recent
23 regional disaster responses; and assist with the development, implemen-
24 tation and management of a state-wide resource typing system.
25 8. Reimbursement of assisting jurisdiction by requesting jurisdiction;
26 resolving disputes regarding reimbursement. a. Any assisting local
27 government requesting aid under this program for loss, damage or
28 expenses incurred in connection with the provision of aid that seeks
29 reimbursement by the requesting local government shall make such request
30 in accordance with procedures developed by the intrastate mutual aid
31 committee.
32 b. Where a dispute arises between an assisting local government and a
33 requesting local government regarding reimbursement for loss, damages or
34 expenses incurred in connection with the provision of aid, the parties
35 will make every effort to resolve the dispute within thirty business
36 days of written notice of the dispute by the party asserting noncompli-
37 ance.
38 9. Liability. a. Each local government is responsible for procuring
39 and maintaining insurance or other coverage as it deems appropriate.
40 b. Nothing in this section shall be construed to provide any
41 protection against liability, or to create any liability, for an indi-
42 vidual who responds to a state of emergency where aid has not been
43 requested, or where aid has not been authorized by the individual's
44 local government.
45 10. Obligation of insurers. Nothing in this section shall impair,
46 alter, limit or modify the rights or obligations of any insurer under
47 any policy of insurance.
48 § 11. Section 31 of the executive law, as amended by chapter 37 of
49 the laws of 1962, subdivision 11 as amended by chapter 827 of the laws
50 of 1972 and subdivision 13 as added by chapter 430 of the laws of 1997,
51 is amended to read as follows:
52 § 31. Divisions. There shall be in the executive department the
53 following divisions:
54 1. The division of the budget.
55 2. The division of military and naval affairs.
56 3. The office of general services.
S. 6606--B 73 A. 9706--C
1 4. The division of state police.
2 5. The division of parole.
3 6. The division of housing.
4 7. The division of alcoholic beverage control.
5 8. [Commission against discrimination] The division of human rights.
6 9. [The division of safety.
7 10.] The division of veterans' affairs.
8 [11. The office of planning services.
9 12. State civil defense commission] 10. The division of homeland secu-
10 rity and emergency services.
11 [13.] 11. Office for technology.
12 The governor may establish, consolidate, or abolish additional divi-
13 sions and bureaus.
14 § 12. (a) Findings. The functions of the office for fire prevention
15 and control and the state office of emergency management are critical to
16 public health and safety, as is the function of the office of homeland
17 security. The purpose of this section is to preserve and enhance these
18 functions by consolidating these agencies. The goal of consolidation is
19 not to reduce the performance of either function, but rather to inte-
20 grate them so as to perform them in the most effective possible way.
21 (b) Consolidation. The powers, duties and unfinished business of the
22 state emergency management office in the executive department and the
23 office for fire prevention and control in the department of state are
24 transferred to the division of homeland security and emergency services,
25 created in article 26 of the executive law and formerly known as the
26 office of homeland security. All assets, liabilities and records of the
27 state emergency management office and the office for fire prevention and
28 control are transferred to the division of homeland security and emer-
29 gency services. For the purpose of succession to functions, powers,
30 duties and obligations transferred and assigned to, devolved upon and
31 assumed by it pursuant to this act, the division of homeland security
32 and emergency services shall be deemed and held to constitute the
33 continuation of the state emergency management office, and the office
34 for fire prevention and control.
35 (c) Transfer of employees. (i) All employees of the state emergency
36 management office shall be transferred to the division of homeland secu-
37 rity and emergency services. This transfer of employees shall be deemed
38 to be a transfer of function pursuant to subdivision 2 of section 70 of
39 the civil service law. Officers and employees of the state emergency
40 management office who are in the classified service shall be transferred
41 without further examination or qualification, and shall retain their
42 respective civil service classification, status and bargaining unit
43 representation. Officers and employees of the state emergency manage-
44 ment office in the unclassified service of the state shall be trans-
45 ferred to the division of homeland security and emergency services in
46 accordance with the provisions of section 45 of the civil service law as
47 if the state had taken over a private entity.
48 (ii) Those employees in the department of state substantially engaged
49 in the performance of fire prevention and control shall be transferred
50 to the division of homeland security and emergency services. This trans-
51 fer of employees shall be deemed to be a transfer of function pursuant
52 to subdivision 2 of section 70 of the civil service law. The heads of
53 the department of state and the division of homeland security and emer-
54 gency services shall confer to determine the officers and employees who
55 are substantially engaged in the performance of such function. Officers
56 and employees identified as substantially engaged in such function shall
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1 be transferred without further examination or qualification, and shall
2 retain their respective civil service classification, status and
3 bargaining unit representation.
4 (iii) Those employees of the office for technology substantially
5 engaged in interoperable and emergency communications shall be trans-
6 ferred to the division of homeland security and emergency services. This
7 transfer of employees shall be deemed to be a transfer of function
8 pursuant to subdivision 2 of section 70 of the civil service law. The
9 heads of the office for technology and the division of homeland security
10 and emergency services shall confer to determine the officers and
11 employees who are substantially engaged in the performance of such func-
12 tion. Officers and employees identified as substantially engaged in
13 such function shall be transferred without further examination or quali-
14 fication, and shall retain their respective civil service classifica-
15 tion, status and bargaining unit representation.
16 (d) Pending actions and proceedings. No action pending as of the
17 effective date of this act brought by or against the state office of
18 emergency management or the office for fire prevention and control or
19 their directors shall be affected by any provision of this act, but the
20 same may be prosecuted or defended in the name of the commissioner of
21 the division of homeland security and emergency services who shall, upon
22 application to the court, be substituted as a party.
23 (e) Continuation of rules and regulations. All rules, regulations,
24 acts, determinations and decisions of the state office of emergency
25 management or office for fire prevention and control in force at the
26 time of the effective date of this act shall continue in force and
27 effect as rules, regulations, acts, determinations and decisions of the
28 commissioner of the division of homeland security and emergency services
29 until duly modified or abrogated by the commissioner of the division of
30 homeland security and emergency services.
31 (f) Transfer of appropriations. All appropriations and reappropri-
32 ations heretofore made to the state office of emergency management, to
33 the extent of remaining unexpended or unencumbered balances thereof,
34 whether allocated or unallocated and whether obligated or unobligated,
35 shall be transferred to and made available for use and expenditure by
36 the division of homeland security and emergency services.
37 § 13. The article heading of article 26 of the executive law, as added
38 by section 1 of part B of chapter 1 of the laws of 2004, is amended to
39 read as follows:
40 [STATE OFFICE OF HOMELAND SECURITY]
41 DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
42 § 14. Section 709 of the executive law, as added by section 2 of part
43 B of chapter 1 of the laws of 2004, paragraphs (p) and (q) of subdivi-
44 sion 2 as amended and paragraph (r) of subdivision 2 as added by chapter
45 620 of the laws of 2005, paragraph (q) of subdivision 2 as separately
46 amended and paragraph (r) of subdivision 2 as added by chapter 537 of
47 the laws of 2005, is amended to read as follows:
48 § 709. [State office of homeland security] Division of homeland secu-
49 rity and emergency services; creation; powers and duties. 1. There is
50 hereby created within the executive department the [office of homeland
51 security] division of homeland security and emergency services, which
52 shall have and exercise the powers and duties set forth in this article.
53 Any reference to the 'office of public security', the 'office of home-
54 land security', the 'state emergency management office', the 'office of
55 cyber security' or the 'office of fire prevention and control' in the
56 laws of New York state, executive orders, or contracts entered into on
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1 behalf of the state shall be deemed to refer to the [state office of
2 homeland security] division of homeland security and emergency services.
3 2. The [office] division shall have the power and duty to:
4 (a) oversee and coordinate the state's homeland security and compre-
5 hensive emergency management resources, subject to any laws, rules or
6 regulations governing the budgeting and appropriation of funds;
7 (b) review homeland security and comprehensive emergency management
8 policies, protocols and strategies of state agencies. The agencies shall
9 include, but not be limited to, [the division of state police, division
10 of military and naval affairs, state emergency management office,
11 department of health, department of environmental conservation, division
12 of criminal justice services, department of state, office for technolo-
13 gy, and the department of transportation] the state agencies included on
14 the disaster preparedness commission as identified in section twenty-one
15 of this chapter;
16 (c) develop policies, protocols and strategies, which may be used to
17 prevent, detect, respond to and recover from terrorist acts or threats
18 and other natural and man-made disasters, which for purposes of this
19 section shall have the same meaning as defined in article two-B of this
20 chapter;
21 (d) identify potential inadequacies in the state's policies, protocols
22 and strategies to detect, respond to and recover from terrorist acts or
23 threats and other natural and man-made disasters;
24 (e) undertake periodic drills and simulations designed to assess and
25 prepare responses to terrorist acts or threats and other natural and
26 man-made disasters;
27 (f) coordinate state resources for the collection and analysis of
28 information relating to terrorist threats and terrorist activities and
29 other natural and man-made disasters throughout the state subject to any
30 applicable laws, rules, or regulations;
31 (g) coordinate and facilitate information sharing among local, state,
32 and federal law enforcement agencies to ensure appropriate intelligence
33 to assist in the early identification of and response to potential
34 terrorist activities and other natural and man-made disasters, subject
35 to any applicable laws, rules, or regulations governing the release,
36 disclosure or sharing of any such information;
37 (h) assess the preparedness of state and local public health systems
38 to respond to terrorist acts and other natural and man-made disasters,
39 including ensuring the availability of early warning systems designed to
40 detect potential threats and determining adequacy and availability of
41 necessary vaccines and pharmaceuticals and hospital capacity;
42 (i) coordinate strategies, protocols and first-responder equipment
43 needs that may be used to monitor, detect, respond to and mitigate the
44 consequences of a potential biological, chemical or radiological terror-
45 ist act or threat;
46 (j) work with local, state and federal agencies and private entities
47 to conduct assessments of the vulnerability of critical infrastructure
48 to terrorist attack and other natural and man-made disasters, including,
49 but not limited to, nuclear facilities, power plants, telecommunications
50 systems, mass transportation systems, public roadways, railways, bridges
51 and tunnels, and develop strategies that may be used to protect such
52 infrastructure from terrorist attack and other natural and man-made
53 disasters;
54 (k) develop plans that may be used to promote rapid recovery from
55 terrorist attacks and other natural and man-made disasters, to ensure
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1 prompt restoration of transportation, utilities, critical communications
2 and information systems and to protect such infrastructure;
3 (l) develop plans that may be used to contain and remove hazardous
4 materials used in a terrorist attack or released as a result of natural
5 or man-made disaster;
6 (m) act as primary contact with the federal department of homeland
7 security;
8 (n) adopt, promulgate, amend and rescind rules and regulations to
9 effectuate the provisions and purposes of this article and the powers
10 and duties of the [office] division in connection therewith;
11 (o) consult with appropriate state and local governments, institutions
12 of higher learning, first responders, health care providers and private
13 entities as necessary to effectuate the provisions of this article, and
14 work with those entities to establish, facilitate and foster cooperation
15 to better prepare the state to prevent and respond to threats and acts
16 of terrorism and other natural and man-made disasters;
17 (p) to serve as a clearinghouse for the benefit of municipalities
18 regarding information relating to available federal, state and regional
19 grant programs in connection with homeland security, disaster prepared-
20 ness, communication infrastructure and emergency first responder
21 services, and to promulgate rules and regulations necessary to ensure
22 that grant information is timely posted on the [office's] division's
23 website;
24 (q) request from any department, division, office, commission or other
25 agency of the state or any political subdivision thereof, and the same
26 are authorized to provide, such assistance, services and data as may be
27 required by the [office of homeland security] division of homeland secu-
28 rity and emergency services in carrying out the purposes of this arti-
29 cle, subject to applicable laws, rules, and regulations; [and]
30 (r) develop standards and a certification process for training
31 programs for training of private security officers in commercial build-
32 ings which shall:
33 (i) improve observation, detection and reporting skills;
34 (ii) improve coordination with local police, fire and emergency
35 services;
36 (iii) provide and improve skills in working with advanced security
37 technology including surveillance and access control procedures;
38 (iv) require at least forty hours of training including three hours of
39 training devoted to terrorism awareness; and
40 (v) have been certified as a qualified program by the [state office of
41 homeland security.] division of homeland security and emergency
42 services;
43 [(r)] (s) work in consultation with or make recommendations to the
44 commissioner of agriculture and markets in developing rules and regu-
45 lations relating to ammonium nitrate security[.]; and
46 (t) develop, maintain, and deploy state, regional and local all-hazard
47 incident management teams.
48 3. The division of homeland security and emergency services shall
49 consist of several offices including, but not limited to, the office of
50 counterterrorism, which shall have the powers, and be responsible for
51 carrying out the duties, including but not limited to those set forth in
52 section seven hundred nine-a of this article; the office of emergency
53 management, which shall have the powers, and be responsible for carrying
54 out the duties, including but not limited to those set forth in article
55 two-B of this chapter; the office of fire prevention and control, which
56 shall have the powers, and be responsible for carrying out the duties,
S. 6606--B 77 A. 9706--C
1 including but not limited to those set forth in article six-C of this
2 chapter; the office of cyber security, which shall have the powers, and
3 be responsible for carrying out the duties, including but not limited to
4 those set forth in section seven hundred fifteen of this article; and
5 the office of interoperable and emergency communications, which shall
6 have the powers, and be responsible for carrying out the duties, includ-
7 ing but not limited to those set forth in section seven hundred seven-
8 teen of this article.
9 4. As set forth in section seven hundred ten of this article, the
10 commissioner of the division of homeland security and emergency services
11 shall be appointed by the governor, with the advice and consent of the
12 senate, and hold office at the pleasure of the governor. The directors
13 of the offices of counterterrorism, emergency management, fire
14 prevention and control, cyber security, and interoperable and emergency
15 communications, and such other offices as may be established, shall be
16 appointed by, and hold office at the pleasure of, the governor and they
17 shall report to the commissioner of the division of homeland security
18 and emergency services.
19 5. The directors of the offices of counterterrorism, emergency manage-
20 ment, fire prevention and control, cyber security, interoperable and
21 emergency communications, and of such other offices as may be estab-
22 lished, shall, in consultation with the commissioner, have the authority
23 to promulgate rules and regulations to carry out the duties of their
24 office, including the establishment of fees necessary to compensate for
25 costs associated with the delivery of training and services.
26 6. The directors of the offices of counterterrorism, emergency manage-
27 ment, fire prevention and control, cyber security, interoperable and
28 emergency communications, and such other offices as may be established,
29 shall have the authority to enter into contracts with any person, firm,
30 corporation, municipality, or government entity.
31 7. Annual report of the division. The commissioner of the division of
32 homeland security and emergency services shall, on or before January
33 first in each year, submit to the governor, the temporary president of
34 the senate, and the speaker of the assembly, a report concerning the
35 performance of the division with respect to outreach to businesses,
36 not-for-profit organizations, and the general public, which shall
37 include information regarding the content and scope of seminars, confer-
38 ences, surveys, programs, and other programmatic means of engaging such
39 parties to identify and meet the needs of such parties with respect to
40 emergency mitigation, preparedness, response, and recovery, and the
41 participation of such parties therein.
42 § 15. Section 710 of the executive law, as added by section 2 of part
43 B of chapter 1 of the laws of 2004, is amended to read as follows:
44 § 710. [Director of the office of homeland security] Commissioner of
45 the division of homeland security and emergency services; appointment of
46 the [director] commissioner; powers and duties. 1. The [director of the
47 office of homeland security (director)] commissioner of the division of
48 homeland security and emergency services (commissioner) shall be
49 appointed by the governor, by and with the advice and consent of the
50 senate, and hold office at the pleasure of the governor. [The salary of
51 the director shall be fixed at a level commensurate with that of the
52 state officers identified in paragraph (a) of subdivision one of section
53 one hundred sixty-nine of this chapter.]
54 2. The [director] commissioner, acting by and through the [office]
55 division, shall have the power and duty to:
S. 6606--B 78 A. 9706--C
1 (a) administer the duties of the [office] division pursuant to this
2 section;
3 (b) administer such other duties as may be devolved upon the [office]
4 division from time to time pursuant to law;
5 (c) cooperate with and assist other state and federal departments,
6 boards, commissions, agencies and public authorities in the development
7 and administration of policies and protocols which will enhance the
8 safety and security of the citizens of the state;
9 (d) enter into contracts with any person, firm, corporation or govern-
10 mental agency, and do all things necessary to carry out the functions,
11 powers and duties expressly set forth in this article, subject to any
12 applicable laws, rules or regulations;
13 (e) establish offices, departments and bureaus and make changes there-
14 in as he or she may deem necessary to carry out the functions of the
15 [office] division[. One of the divisions within the office shall be the
16 office of cyber security and critical infrastructure coordination which
17 shall be dedicated to the identification and mitigation of the state's
18 cyber security infrastructure vulnerabilities]; [and]
19 (f) subject to the provisions of this article and the civil service
20 law, and the rules and regulations adopted pursuant thereto, the [direc-
21 tor] commissioner may appoint other officers, employees, agents and
22 consultants as may be necessary, prescribe their duties, fix their
23 compensation, and provide for payment of their reasonable expenses, all
24 within amounts available therefor by appropriation. The [director]
25 commissioner may transfer officers or employees from their positions to
26 other positions in the [office] division, or abolish or consolidate such
27 positions[.]; and
28 (g) accept and contract as agent of the state for any gift to support
29 the development and training missions of the division of homeland secu-
30 rity and emergency services.
31 § 15-a. The executive law is amended by adding a new section 709-a to
32 read as follows:
33 § 709-a. Office of counterterrorism. The office of counterterrorism
34 shall develop and analyze the state's policies, protocols and strategies
35 relating to the prevention and detection of terrorist acts and terrorist
36 threats. The office shall also be responsible for the collection, analy-
37 sis and sharing of information relating to terrorist threats and terror-
38 ist activities throughout the state; coordinating strategies, protocols
39 and first responder equipment needs to detect a biological, chemical or
40 radiological terrorist act or threat; working with private entities and
41 local, state and federal agencies to conduct assessments of the vulner-
42 ability of critical infrastructure to terrorist attack; and consulting
43 with appropriate state and local governments and private entities to
44 facilitate and foster cooperation to better prepare the state to prevent
45 and detect threats and acts of terrorism.
46 § 16. Section 713 of the executive law, as added by chapter 403 of the
47 laws of 2003, paragraphs (a) and (b) of subdivision 2 as amended by
48 chapter 426 of the laws of 2004, and such section as renumbered by
49 section 2 of part B of chapter 1 of the laws of 2004, is amended to read
50 as follows:
51 § 713. Protection of critical infrastructure including energy generat-
52 ing and transmission facilities. 1. Notwithstanding any other provision
53 of law, the [director of public security] commissioner of the division
54 of homeland security and emergency services shall conduct a review and
55 analysis of measures being taken by the public service commission and
56 any other agency or authority of the state or any political subdivision
S. 6606--B 79 A. 9706--C
1 thereof and, to the extent practicable, of any federal entity, to
2 protect the security of critical infrastructure related to energy gener-
3 ation and transmission located within the state. The [director of public
4 security] commissioner of the division of homeland security and emergen-
5 cy services shall have the authority to review any audits or reports
6 related to the security of such critical infrastructure, including
7 audits or reports conducted at the request of the public service commis-
8 sion or any other agency or authority of the state or any political
9 subdivision thereof or, to the extent practicable, of any federal enti-
10 ty. The owners and operators of such energy generating or transmission
11 facilities shall, in compliance with any federal and state requirements
12 regarding the dissemination of such information, provide access to the
13 [director of public security] commissioner of the division of homeland
14 security and emergency services to such audits or reports regarding such
15 critical infrastructure provided, however, that exclusive custody and
16 control of such audits and reports shall remain solely with the owners
17 and operators of such energy generating or transmission facilities. For
18 the purposes of this article, the term "critical infrastructure" has the
19 meaning ascribed to that term in subdivision five of section eighty-six
20 of the public officers law.
21 2. (a) On or before December thirty-first, two thousand four, and not
22 later than three years after such date, and every five years thereafter,
23 the [director of public security] commissioner of the division of home-
24 land security and emergency services shall report to the governor, the
25 temporary president of the senate, the speaker of the assembly, the
26 chairperson of the public service commission and the chief executive of
27 any such affected generating or transmission company or his or her
28 designee. Such report shall review the security measures being taken
29 regarding critical infrastructure related to energy generating and tran-
30 smission facilities, assess the effectiveness thereof, and include
31 recommendations to the legislature or the public service commission if
32 the [director of public security] commissioner of the division of home-
33 land security and emergency services determines that additional measures
34 are required to be implemented, considering, among other factors, the
35 unique characteristics of each energy generating or transmission facili-
36 ty. [On or before April thirtieth, two thousand four, the director of
37 public security shall make a preliminary report to the governor, the
38 temporary president of the senate, the speaker of the assembly, the
39 chairman of the public service commission, and the chief executive of
40 any such affected generating or transmission company or his or her
41 designee.]
42 (b) Before the receipt of such report identified in paragraph (a) of
43 this subdivision, each recipient of such report shall develop confiden-
44 tiality protocols, which shall be binding upon the recipient who issues
45 the protocols and anyone to whom the recipient shows a copy of the
46 report, in consultation with the [director of public security] commis-
47 sioner of the division of homeland security and emergency services for
48 the maintenance and use of such report so as to ensure the confidential-
49 ity of the report and all information contained therein, provided,
50 however, that such protocols shall not be binding upon a person who is
51 provided access to such report or any information contained therein
52 pursuant to section eighty-nine of the public officers law after a final
53 determination that access to such report or any information contained
54 therein could not be denied pursuant to subdivision two of section
55 eighty-seven of the public officers law. The [director of public secu-
56 rity] commissioner of the division of homeland security and emergency
S. 6606--B 80 A. 9706--C
1 services shall also develop protocols for his or her office related to
2 the maintenance and use of such report so as to ensure the confidential-
3 ity of the report and all information contained therein. On each report,
4 the [director of public security] commissioner of the division of home-
5 land security and emergency services shall prominently display the
6 following statement: "this report may contain information that if
7 disclosed could endanger the life or safety of the public, and there-
8 fore, pursuant to section seven hundred [ten] eleven of the executive
9 law, this report is to be maintained and used in a manner consistent
10 with protocols established to preserve the confidentiality of the infor-
11 mation contained herein in a manner consistent with law".
12 (c) Except in the case of federally licensed electric generating
13 facilities, the public service commission shall have the discretion to
14 require that the recommendations of the [director of public security]
15 commissioner of the division of homeland security and emergency services
16 be implemented by any owner or operator of an energy generating or tran-
17 smission facility. Recommendations regarding federally licensed electric
18 generating facilities shall instead only be made available by the
19 [director of public security] commissioner of the division of homeland
20 security and emergency services to the appropriate federal agency in
21 compliance with any federal and state requirements regarding the dissem-
22 ination of such information.
23 3. Any reports prepared pursuant to this article shall not be subject
24 to disclosure pursuant to section eighty-eight of the public officers
25 law.
26 § 17. Section 714 of the executive law, as added by section 1 of part
27 C of chapter 1 of the laws of 2004, is amended to read as follows:
28 § 714. Protection of critical infrastructure; storage facilities for
29 hazardous substances. 1. Notwithstanding any other provision of law and
30 subject to the availability of an appropriation, the [director of the
31 office of homeland security] commissioner of the division of homeland
32 security and emergency services shall conduct a review and analysis of
33 measures being taken by the owners and operators of facilities identi-
34 fied pursuant to paragraph (b) of subdivision two of this section to
35 protect the security of critical infrastructure related to such facili-
36 ties. The [director of the office of homeland security] commissioner of
37 the division of homeland security and emergency services shall have the
38 authority to review all audits or reports related to the security of
39 such critical infrastructure, including all such audits or reports
40 mandated by state and federal law or regulation, including spill
41 prevention reports and risk management plans, audits and reports
42 conducted at the request of the department of environmental conservation
43 or at the request of any federal entity, or any other agency or authori-
44 ty of the state or any political subdivision thereof, and reports
45 prepared by owners and operators of such facilities as required in this
46 subdivision. The owners and operators of such facilities shall, in
47 compliance with any federal and state requirements regarding the dissem-
48 ination of such information, provide access to the [director of the
49 office of homeland security] commissioner of the division of homeland
50 security and emergency services to such audits and reports regarding
51 such critical infrastructure provided, however, exclusive custody and
52 control of such audits and reports shall remain solely with the owners
53 and operators of such facilities to the extent not inconsistent with any
54 other law. For the purposes of this section, the term "critical infras-
55 tructure" has the meaning ascribed to that term in subdivision five of
56 section eighty-six of the public officers law.
S. 6606--B 81 A. 9706--C
1 2. To effectuate his or her duties pursuant to this section and iden-
2 tify risks to the public, the [director of the office of homeland secu-
3 rity] commissioner of the division of homeland security and emergency
4 services shall:
5 (a) within six months of the effective date of this section, in
6 consultation with the commissioner of environmental conservation, the
7 commissioner of health, and such representatives of the chemical indus-
8 try and higher education as may be appropriate, prepare a list that
9 identifies toxic or hazardous substances, including but not limited to
10 those substances listed as hazardous to public health, safety or the
11 environment in regulations promulgated pursuant to article thirty-seven
12 of the environmental conservation law, as well as those substances for
13 which the state possesses insufficient or limited toxicological informa-
14 tion but for which there exists preliminary evidence that the substance
15 or the class of chemicals with similar physical and chemical properties
16 to which it belongs has the potential to cause death, injury, or serious
17 adverse effects to human health or the environment, based on the severi-
18 ty of the threat posed to the public by the unauthorized release of such
19 substances. Such list will be promulgated in accord with the provisions
20 of the state administrative procedure act;
21 (b) upon completion of the list required pursuant to paragraph (a) of
22 this subdivision, but no later than one hundred twenty days after such
23 date, in consultation with the commissioner of environmental conserva-
24 tion, the commissioner of health and such representatives of the chemi-
25 cal industry and any state, local and municipal officials as may be
26 appropriate, identify facilities, including facilities regulated pursu-
27 ant to title nine and title eleven of article twenty-seven and article
28 forty of the environmental conservation law, but excluding facilities
29 that hold liquified petroleum gas for fuel at retail sale as described
30 in section 112(1)(4)(B) of the Clean Air Act (42 U.S.C. section
31 7412(r)(4)(b)) and those facilities that are defined as "water suppli-
32 ers" in subdivision one of section eleven hundred twenty-five of the
33 public health law, which because of their storage of or relationship to
34 such substances identified pursuant to paragraph (a) of this subdivision
35 pose risks to the public should an unauthorized release of such hazard-
36 ous substances occur; and
37 (c) require such facilities identified pursuant to paragraph (b) of
38 this subdivision, as the [director] commissioner so determines, to
39 prepare a vulnerability assessment of the security measures taken by
40 such facilities to prevent and respond to the unauthorized release of
41 hazardous substances as may be stored therein, which assessments the
42 [director of the office of homeland security] commissioner of the divi-
43 sion of homeland security and emergency services shall review and
44 consider in light of the seriousness of the risk posed and vulnerability
45 of such facility and, where appropriate, make recommendations with
46 respect thereto.
47 3. (a) On or before June first, two thousand five, the [director of
48 homeland security] commissioner of the division of homeland security and
49 emergency services shall make a preliminary report to the governor, the
50 temporary president of the senate, the speaker of the assembly, the
51 commissioner of environmental conservation, the commissioner of health
52 and the chief executive officer of any such affected facility or his or
53 her designee, and on or before December thirty-first, two thousand five,
54 and not later than three years after such date, and every five years
55 thereafter, the [director of the office of homeland security] commis-
56 sioner of the division of homeland security and emergency services shall
S. 6606--B 82 A. 9706--C
1 report to the governor, the temporary president of the senate, the
2 speaker of the assembly, the commissioner of environmental conservation,
3 the commissioner of health and the chief executive officer of any such
4 affected facility or his or her designee. Such report shall review the
5 security measures being taken regarding critical infrastructure related
6 to such facilities, assess the effectiveness thereof, and include recom-
7 mendations to the legislature, the department of environmental conserva-
8 tion or the department of health if the [director of the office of home-
9 land security] commissioner of the division of homeland security and
10 emergency services determines that additional measures are required to
11 be implemented.
12 (b) Before the receipt of such report identified in paragraph (a) of
13 this subdivision, each recipient of such report shall develop confiden-
14 tiality protocols which shall be binding upon the recipient who issues
15 the protocols and anyone to whom the recipient shows a copy of the
16 report in consultation with the [director of the office of homeland
17 security] commissioner of the division of homeland security and emergen-
18 cy services, for the maintenance and use of such report so as to ensure
19 the confidentiality of the report and all information contained therein,
20 provided, however, that such protocols shall not be binding upon a
21 person who is provided access to such report or any information
22 contained therein pursuant to section eighty-nine of the public officers
23 law after a final determination that access to such report or any infor-
24 mation contained therein could not be denied pursuant to subdivision two
25 of section eighty-seven of the public officers law. The [director of the
26 office of homeland security] commissioner of the division of homeland
27 security and emergency services shall also develop protocols for such
28 [office] division related to the maintenance and use of such report so
29 as to ensure the confidentiality of all sensitive information contained
30 in such report. On each report, the [director of the office of homeland
31 security] commissioner of the division of homeland security and emergen-
32 cy services shall prominently display the following statement: "This
33 report may contain information that if disclosed could endanger the life
34 or safety of the public, and therefore, pursuant to section seven
35 hundred eleven of the executive law[, as added by a chapter of the laws
36 of two thousand four], this report is to be maintained and used in a
37 manner consistent with protocols established to preserve the confiden-
38 tiality of the information contained herein in a manner consistent with
39 law."
40 (c) The department of environmental conservation shall have the
41 discretion to require that recommendations of the [director of the
42 office of homeland security] commissioner of the division of homeland
43 security and emergency services be implemented by any owner or operator
44 of a hazardous substances storage facility as defined in this section.
45 § 18. Section 715 of the executive law, as added by chapter 604 of the
46 laws of 2007, is amended to read as follows:
47 § 715. [Records and data] Office of cyber security. 1. The office of
48 cyber security shall be dedicated to the protection of the state's cyber
49 security infrastructure, including, but not limited to, the identifica-
50 tion and mitigation of vulnerabilities, deterring and responding to
51 cyber events, and promoting cyber security awareness within the state.
52 The office shall also be responsible for statewide policies, standards,
53 programs, and services relating to cyber security and geographic infor-
54 mation systems, including the statewide coordination of geographically
55 referenced critical infrastructure information. The director of the
56 office shall be the chief cyber security officer of New York state.
S. 6606--B 83 A. 9706--C
1 2. The director may request and receive from any department, division,
2 board, bureau, commission or other agency of the state or any political
3 subdivision thereof or any public authority such assistance, information
4 and data as will enable the office properly to carry out its functions,
5 powers and duties.
6 3. The director of the office [of cyber security and critical infras-
7 tructure coordination] is authorized to maintain, in electronic or paper
8 formats, maps, geographic images, geographic data and metadata.
9 [2.] 4. The director of the office [of cyber security and critical
10 infrastructure coordination] is authorized to promulgate any rules and
11 regulations necessary to implement the provisions of this section.
12 5. Notwithstanding the provisions of subparagraphs (i) and (ii) of
13 paragraph (a) of subdivision eight of section seventy-three of the
14 public officers law, former officers or employees of the office of cyber
15 security employed by the not-for-profit corporation that operates the
16 multi-state information sharing and analysis center may appear before
17 and render services to any federal, state, local, territorial or tribal
18 government relating to cyber security.
19 6. Notwithstanding the provisions of section one hundred sixty-three
20 of the state finance law, section one hundred three of the general
21 municipal law, article four-C of the economic development law, or any
22 other provision of law relating to the award of public contracts, any
23 officer, body, or agency of New York state, public corporation, or other
24 public entity subject to such provisions of law shall be authorized to
25 enter individually or collectively into contracts with the not-for-pro-
26 fit corporation that operates the multi-state information sharing and
27 analysis center for the provision of services through September thirti-
28 eth, two thousand thirteen related to cyber security including, but not
29 limited to, monitoring, detecting, and responding to cyber incidents,
30 and such contracts may be awarded without compliance with the procedures
31 relating to the procurement of services set forth in such provisions of
32 law. Such contracts shall, however, be subject to the comptroller's
33 existing authority to approve contracts where such approval is required
34 by section one hundred twelve of the state finance law or otherwise.
35 Such officers, bodies, or agencies may pay the fees or other amounts
36 specified in such contracts in consideration of the cyber security
37 services to be rendered pursuant to such contracts.
38 § 19. Section 715 of the executive law, as added by chapter 630 of the
39 laws of 2007, is amended to read as follows:
40 § [715.] 716. Protection of critical infrastructure; commercial
41 aviation, petroleum and natural gas fuel transmission facilities and
42 pipelines. 1. Notwithstanding any other provision of law, the [director
43 of the office of homeland security] commissioner of the division of
44 homeland security and emergency services shall conduct a review and
45 analysis of measures being taken by any other agency or authority of the
46 state or any political subdivision thereof and, to the extent practica-
47 ble, of any federal entity, to protect the security of critical infras-
48 tructure related to commercial aviation fuel, petroleum and natural gas
49 transmission facilities and pipelines in this state which are not
50 located upon the premises of a commercial airport. As deemed appropriate
51 by such [director] commissioner, the [office of homeland security] divi-
52 sion of homeland security and emergency services shall have the authori-
53 ty to physically inspect the premises and review any audits or reports
54 related to the security of such critical infrastructure, including
55 audits or reports conducted at the request of any other agency or
56 authority of the state or any political subdivision thereof or, to the
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1 extent practicable, of any federal entity. The operators of such commer-
2 cial aviation fuel, petroleum or natural gas transmission facilities and
3 pipelines shall, in compliance with any federal and state requirements
4 regarding the dissemination of such information, provide access to the
5 [director of the office of homeland security] commissioner of the divi-
6 sion of homeland security and emergency services to such audits or
7 reports regarding such critical infrastructure provided, however, that
8 exclusive custody and control of such audits and reports shall remain
9 solely with the operators of such commercial aviation fuel, petroleum or
10 natural gas transmission facilities and pipelines. For the purposes of
11 this article, the term "critical infrastructure" has the meaning
12 ascribed to that term in subdivision five of section eighty-six of the
13 public officers law.
14 2. (a) On or before December thirty-first, two thousand [eight, and
15 not later than three years after such date] eleven, and every five years
16 thereafter, the [director of the office of homeland security] commis-
17 sioner of the division of homeland security and emergency services shall
18 report to the governor, the temporary president of the senate, the
19 speaker of the assembly, the public service commission, and the operator
20 of any such affected commercial aviation fuel, petroleum or natural gas
21 transmission facility or pipeline. Such report shall review the security
22 measures being taken regarding critical infrastructure related to
23 commercial aviation fuel, petroleum or natural gas transmission facili-
24 ties and pipelines, assess the effectiveness thereof, and include recom-
25 mendations to the legislature, the public service commission, or the
26 operator of a commercial aviation fuel, petroleum or natural gas trans-
27 mission facility or pipeline, or any appropriate state or federal regu-
28 lating entity or agency if the [director of the office of homeland secu-
29 rity] commissioner of the division of homeland security and emergency
30 services determines that additional measures are required to be imple-
31 mented, considering among other factors, the unique characteristics of
32 each commercial aviation fuel, petroleum or natural gas transmission
33 facility or pipeline. [On or before April thirtieth, two thousand eight,
34 the director of the office of homeland security shall make a preliminary
35 report to the governor, the temporary president of the senate, the
36 speaker of the assembly, the public service commission, and the operator
37 of any such affected commercial aviation fuel, petroleum or natural gas
38 transmission facility or pipeline.]
39 (b) Before the receipt of such report identified in paragraph (a) of
40 this subdivision, each recipient of such report shall develop confiden-
41 tiality protocols, which shall be binding upon the recipient who issues
42 the protocols and anyone to whom the recipient shows a copy of the
43 report, in consultation with the [director of the office of homeland
44 security] commissioner of the division of homeland security and emergen-
45 cy services for the maintenance and use of such report so as to ensure
46 the confidentiality of the report and all information contained therein,
47 provided, however, that such report and any information contained or
48 used in its preparation shall be exempt and not made available pursuant
49 to article six of the public officers law. The [director of the office
50 of homeland security] commissioner of the division of homeland security
51 and emergency services shall also develop protocols for his or her
52 office related to the maintenance and use of such report so as to ensure
53 the confidentiality of the report and all information contained therein.
54 On each report, the [director of the office of homeland security]
55 commissioner of the division of homeland security and emergency services
56 shall prominently display the following statement: "this report may
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1 contain information that if disclosed could endanger the life or safety
2 of the public, and therefore, pursuant to section seven hundred [ten]
3 eleven of the executive law, this report is to be maintained and used in
4 a manner consistent with protocols established to preserve the confiden-
5 tiality of the information contained herein in a manner consistent with
6 law".
7 (c) The public service commission shall have the discretion to
8 require, through regulation or otherwise, that the recommendations of
9 the [director of the office of homeland security] commissioner of the
10 division of homeland security and emergency services be implemented at
11 an affected commercial aviation fuel, petroleum or natural gas trans-
12 mission facility or pipeline.
13 (d) The [office of homeland security] division of homeland security
14 and emergency services shall receive necessary appropriations for the
15 performance of its duties pursuant to this section.
16 § 20. Paragraph (a) of subdivision 1 of section 169 of the executive
17 law, as amended by section 1 of part F of chapter 56 of the laws of
18 2005, is amended to read as follows:
19 (a) commissioner of correctional services, commissioner of education,
20 commissioner of health, commissioner of mental health, commissioner of
21 mental retardation and developmental disabilities, commissioner of chil-
22 dren and family services, commissioner of temporary and disability
23 assistance, chancellor of the state university of New York, commissioner
24 of transportation, commissioner of environmental conservation, super-
25 intendent of state police, [and] commissioner of general services and
26 commissioner of the division of homeland security and emergency
27 services;
28 § 21. The executive law is amended by adding a new section 717 to read
29 as follows:
30 § 717. Office of interoperable and emergency communications. 1. The
31 office of interoperable and emergency communications shall be the prin-
32 cipal state agency for all interoperable and emergency communications
33 issues and oversee and direct the development, coordination and imple-
34 mentation of policies, plans, standards, programs and services related
35 to interoperable and emergency communications, including those related
36 to public safety land mobile radio communications. The office shall
37 coordinate with federal, state, local, tribal, non-governmental and
38 other appropriate entities.
39 2. The office shall be responsible for coordinating relevant grant
40 programs and other funding sources to enhance interoperable and emergen-
41 cy communications, as consistent with the mission of the division. The
42 director shall make final determinations regarding the distribution of
43 grants, in consultation with the board.
44 3. The director of this office shall serve as the statewide interoper-
45 able and emergency communications coordinator.
46 4. To ensure appropriate coordination and consultation with relevant
47 entities, the director shall be the chairperson of the statewide inter-
48 operable and emergency communication board as defined in section three
49 hundred twenty-seven of the county law, and whose duties shall include,
50 but not be limited to all the duties regularly assigned to the board as
51 defined by section three hundred twenty-eight of the county law.
52 5. The commissioner, in consultation with the director of the office,
53 shall promulgate rules and regulations which require municipalities to
54 report, no less than annually, on prior and planned expenditures to
55 develop and operate interoperable and emergency communications. The
56 regulations shall permit municipalities which participate in county or
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1 multi-county regional coordinated interoperability efforts to submit a
2 single report to the division for all participating municipalities, so
3 long as all expenses which would have been reported if the participating
4 municipalities had submitted individual reports are contained in the
5 combined report. The regulations shall not require a municipality that
6 incurred no relevant expenses and anticipates no relevant expenses to
7 submit such a report. The division shall include a summary of such
8 information in its annual report to the governor, temporary president of
9 the senate, and speaker of the assembly provided for in subdivision
10 seven of section seven hundred nine of this article, as well as submit-
11 ting such information at the same time to the state comptroller.
12 § 22. Subdivision 2 of section 709 of the executive law is amended by
13 adding a new paragraph (u) to read as follows:
14 (u) Notwithstanding article six-C of this chapter, or any other
15 provision of law to the contrary, the division of homeland security and
16 emergency services shall establish best practices regarding training and
17 education for firefighters and first responders which shall include but
18 not be limited to: minimum basic training for firefighters and first
19 responders; in-service training and continuing education; and special-
20 ized training as it may apply to the specific duties of a category of
21 emergency personnel.
22 § 23. Section 155 of the executive law, as added by chapter 225 of the
23 laws of 1979, is amended to read as follows:
24 § 155. Office of fire prevention and control; creation; state fire
25 administrator; employees. There is hereby created in the [department of
26 state] division of homeland security and emergency services an office of
27 fire prevention and control. The head of such office shall be the state
28 fire administrator, who shall be appointed by the [secretary of state]
29 governor and shall hold office during the pleasure of the [secretary of
30 state] governor. He shall receive an annual salary to be fixed by the
31 [secretary of state] commissioner of the division of homeland security
32 and emergency services within the amount available by appropriation. He
33 shall also be entitled to receive reimbursement for expenses actually
34 and necessarily incurred by him in the performance of his duties within
35 the amount available by appropriation. [The state fire administrator
36 may, from time to time, with the approval of the secretary of state,
37 create, abolish, transfer and consolidate divisions, bureaus, and other
38 units within the office of fire prevention and control as he may deter-
39 mine necessary for the efficient operation of such office. The state
40 fire administrator may, with the approval of the secretary of state,
41 appoint such deputies, directors and others within the office as he may
42 deem necessary to the proper implementation of this article, prescribe
43 their duties, fix their compensation and provide for reimbursement of
44 their actual and necessary expenses within the amounts available by
45 appropriation.]
46 § 24. Intentionally omitted.
47 § 25. Intentionally omitted.
48 § 26. Section 156-g of the executive law, as added by chapter 303 of
49 the laws of 2007, is amended to read as follows:
50 § 156-g. Establishment of teams for urban search and rescue, specialty
51 rescue and incident support. 1. Authorization to establish urban search
52 and rescue task force teams, specialty rescue teams, and incident
53 support teams. The [state fire administrator] commissioner of the divi-
54 sion of homeland security and emergency services after consultation with
55 the state fire administrator shall have the authority to establish,
56 organize, administer, support, train, and fund urban search and rescue
S. 6606--B 87 A. 9706--C
1 task force teams, specialty rescue teams, and incident support teams
2 created pursuant to this section.
3 2. Definitions. For the purposes of this section, the following terms
4 shall have the following meanings:
5 (a) "urban search and rescue task force team" shall mean a specialized
6 team or group of teams, formed pursuant to this section, organized with
7 capabilities equivalent to urban search and rescue task force teams
8 established under the federal emergency management agency in order to
9 assist in the removal of trapped victims in emergency situations includ-
10 ing, but not limited to, collapsed structures, trench excavations,
11 elevated locations, and other technical rescue situations.
12 (b) "specialty rescue team" shall mean a specialized team, formed
13 pursuant to this section, organized to provide technical rescue assist-
14 ance to first responders including, but not limited to, canine search
15 and rescue/disaster response, cave search and rescue, collapse search
16 and rescue, mine and tunnel search and rescue, and swift water/flood
17 search and rescue teams. Such teams shall be aligned with one or more of
18 the search and rescue categories within the federal emergency management
19 agency's national resource typing system.
20 (c) "incident support team" shall mean a team of trained response
21 personnel, formed pursuant to this section, organized to provide coordi-
22 nation with governmental agencies and non-governmental organizations as
23 well as technical, and logistical support to urban search and rescue
24 task force teams and specialty rescue teams.
25 3. Appointment and training of team members; equipment. (a) The [state
26 fire administrator] commissioner of the division of homeland security
27 and emergency services is hereby authorized to appoint members to any
28 team created pursuant to this section. Team membership shall consist of
29 local emergency response personnel, state agency personnel and specialty
30 personnel as required.
31 (b) The [state fire administrator] commissioner of the division of
32 homeland security and emergency services shall be responsible for train-
33 ing and equipping the teams established pursuant to this section and for
34 training such other teams located within the state for response to man-
35 made or natural disasters to the extent appropriations are provided.
36 The [state fire administrator] commissioner of the division of homeland
37 security and emergency services shall support the capabilities of each
38 team established pursuant to this section with the necessary training
39 and equipment to ensure mobilization and deployment for rapid response
40 to emergencies and disasters to the extent appropriations are provided.
41 4. Accreditation of teams. The [state fire administrator] commissioner
42 of the division of homeland security and emergency services shall have
43 the authority to establish an accreditation program to review and evalu-
44 ate new and existing local and regional technical rescue capabilities,
45 and provide recommendations for capability enhancement in accordance
46 with the national incident management system, the national response
47 plan, and nationally recognized standards.
48 5. Defense, indemnification and insurance coverage of team members.
49 Members of the teams formed pursuant to this section who are volunteer
50 firefighters, volunteer ambulance workers, municipal or state employees,
51 or employees of a non-governmental entity shall be provided coverage by
52 their respective municipalities, organizations, and entities for
53 purposes of sections seventeen and eighteen of the public officers law
54 and/or other defense and indemnification coverage and workers' compen-
55 sation coverage pursuant to applicable provisions of the workers'
56 compensation law or benefits pursuant to applicable provisions of the
S. 6606--B 88 A. 9706--C
1 volunteer firefighters' [benefits] benefit law or the volunteer ambu-
2 lance workers' benefit law. Individuals appointed to an urban search and
3 rescue task force team, a specialty rescue team or an incident support
4 team, for which such coverage is not available, shall be deemed volun-
5 teer state employees for purposes of section seventeen of the public
6 officers law and section three of the workers' compensation law.
7 6. Rules and regulations. The [state fire administrator] commissioner
8 of the division of homeland security and emergency services after
9 consultation with the state fire administrator shall have the authority
10 to promulgate rules and regulations as deemed necessary relating to the
11 accreditation of urban search and rescue task force teams, specialty
12 rescue teams, and incident support teams and to the formation and opera-
13 tion of all teams established pursuant to this section.
14 7. Funding. The [secretary of state and the state fire administrator]
15 division of homeland security and emergency services shall expend the
16 necessary monies for training, equipment, and other items necessary to
17 support the operations of urban search and rescue task force teams,
18 specialty rescue teams and incident support teams within appropriations
19 provided. The [secretary of state and the state fire administrator]
20 division of homeland security and emergency services also may, pursuant
21 to applicable rules and regulations approved by the director of the
22 division of the budget, approve grants of funds from monies allocated
23 and appropriated for any or all such teams.
24 § 27. Section 157 of the executive law, as added by chapter 225 of the
25 laws of 1979, is amended to read as follows:
26 § 157. Granting authority. The [office of fire prevention and control,
27 by and through the state fire administrator] division of homeland secu-
28 rity and emergency services by and through the commissioner of the divi-
29 sion of homeland security and emergency services or his duly authorized
30 officers and employees, shall administer, carry out and approve grants
31 of funds from moneys allocated and appropriated therefor, for authorized
32 arson, fire prevention and control expenditures as defined herein, that
33 are conducted by municipal corporations. "Authorized arson, fire
34 prevention and control expenditures" shall mean those expenditures
35 utilized by a municipal corporation for fire or arson prevention, fire
36 or arson investigation and arson prosecution. No expenditure which has
37 not been specifically designated by the local legislative body for
38 arson, fire prevention and control and approved by the office of fire
39 prevention and control pursuant to rules and regulations promulgated
40 thereby shall be considered an "authorized arson, fire prevention and
41 control expenditure." The [office of fire prevention and control] divi-
42 sion of homeland security and emergency services shall adopt, amend and
43 rescind such rules, regulations and guidelines as may be necessary for
44 the performance of its functions, powers and duties under this section.
45 The [office of fire prevention and control] division of homeland securi-
46 ty and emergency services shall allocate grants under this article among
47 the municipalities whose applications have been approved in such a
48 manner as will most nearly provide an equitable distribution of the
49 grants among municipalities, taking into consideration such factors as
50 the level of suspected arson activity, population and population densi-
51 ty, the need for state funding to carry out local programs, and the
52 potential of the municipalities to effectively employ such grants.
53 § 28. Section 158 of the executive law is REPEALED and a new section
54 158 is added to read as follows:
55 § 158. Firefighting training. 1. For the purpose of this section, the
56 term fire fighter shall mean a member of a fire department whose duties
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1 include fire service as defined in paragraph d of subdivision eleven of
2 section three hundred two of the retirement and social security law.
3 2. In addition to the functions, powers and duties otherwise provided
4 by this article, the state fire administrator may promulgate rules and
5 regulations with respect to:
6 (a) The approval, or revocation thereof, of fire training programs for
7 fire fighters;
8 (b) Minimum courses of study, attendance requirements, and equipment
9 and facilities to be required for approved fire training programs for
10 fire fighters;
11 (c) Minimum qualifications for instructors for approved fire training
12 programs for fire fighters;
13 (d) The requirements of minimum basic training which fire fighters
14 appointed to probationary terms shall complete before being eligible for
15 permanent appointment, and the time within which such basic training
16 must be completed following such appointment to a probationary term;
17 (e) The requirements of minimum basic training which fire fighters not
18 appointed for probationary terms but appointed on other than a permanent
19 basis shall complete in order to be eligible for continued employment or
20 permanent appointment, and the time within which such basic training
21 must be completed following such appointment on a non-permanent basis;
22 (f) The requirements for in-service training programs designed to
23 assist fire fighters in maintaining skills and being informed of techno-
24 logical advances;
25 (g) Categories or classifications of advanced in-service training
26 programs and minimum courses of study and attendance requirements with
27 respect to such categories or classifications;
28 (h) Exemptions from particular provisions of this article in the case
29 of any county, city, town, village or fire district, if in the opinion
30 of the state fire administrator the standards of fire training estab-
31 lished and maintained by such county, city, town, village or fire
32 district are equal to or higher than those established pursuant to this
33 article; or revocation in whole or in part of such exemption, if in his
34 or her opinion the standards of fire training established and maintained
35 by such county, city, town, village or fire district are lower than
36 those established pursuant to this article; and
37 (i) Education, health and physical fitness requirements for eligibil-
38 ity of persons for provisional or permanent appointment in the compet-
39 itive class of the civil service as fire fighters as it deems necessary
40 and proper for the efficient performance of such duties;
41 3. In furtherance of his or her functions, powers and duties as set
42 forth in this section, the state fire administrator may:
43 (a) Recommend studies, surveys and reports to be made by the state
44 fire administrator regarding the carrying out of the objectives and
45 purposes of this section;
46 (b) Visit and inspect any fire training programs approved by the state
47 fire administrator or for which application for such approval has been
48 made; and
49 (c) Recommend standards for promotion to supervisory positions.
50 4. In addition to the functions, powers and duties otherwise provided
51 by this section, the state fire administrator shall:
52 (a) Approve fire training programs for fire fighters and issue certif-
53 icates of approval to such programs, and revoke such approval or certif-
54 icate;
S. 6606--B 90 A. 9706--C
1 (b) Certify, as qualified, instructors for approved fire training
2 programs for fire fighters and issue appropriate certificates to such
3 instructors;
4 (c) Certify fire fighters who have satisfactorily completed basic
5 training programs and in-service training programs, and issue appropri-
6 ate certificates to such fire fighters and revoke such certificates;
7 (d) Cause studies and surveys to be made relating to the establish-
8 ment, operation, effectiveness and approval of fire training programs;
9 (e) Cause studies and surveys to be made relating to the completion or
10 partial completion of training programs by video or computer to the
11 maximum extent practicable; and
12 (f) Consult with and cooperate with the state university of New York
13 and private universities, colleges and institutes in the state for the
14 development of specialized courses of study for fire fighters in fire
15 science and fire administration.
16 § 29. The executive law is amended by adding a new section 376-a to
17 read as follows:
18 § 376-a. Code enforcement training. 1. For the purpose of this
19 section, the term code enforcement personnel shall mean a code enforce-
20 ment official charged with enforcement of the uniform fire prevention
21 and building code or the state energy conservation construction code.
22 2. In addition to the functions, powers and duties otherwise provided
23 by this article, the secretary of state may promulgate rules and regu-
24 lations with respect to:
25 (a) The approval, or revocation thereof, of code enforcement training
26 programs for code enforcement personnel;
27 (b) Minimum courses of study, attendance requirements, and equipment
28 and facilities to be required for approved code enforcement training
29 programs for code enforcement personnel;
30 (c) Minimum qualifications for instructors for approved code enforce-
31 ment training programs for code enforcement personnel;
32 (d) The requirements of minimum basic training which code enforcement
33 personnel shall complete in order to be eligible for continued employ-
34 ment or permanent appointment, and the time within which such basic
35 training must be completed following such appointment;
36 (e) The requirements for in-service training programs designed to
37 assist code enforcement personnel in maintaining skills and being
38 informed of technological advances;
39 (f) Categories or classifications of advanced in-service training
40 programs and minimum courses of study and attendance requirements with
41 respect to such categories or classifications;
42 (g) Exemptions from particular provisions of this article in the case
43 of any county, city, town, or village if in the opinion of the secretary
44 of state the standards of code enforcement training established and
45 maintained by such county, city, town, or village are equal to or higher
46 than those established pursuant to this article; or revocation in whole
47 or in part of such exemption, if in his or her opinion the standards of
48 code enforcement training established and maintained by such county,
49 city, town, or village are lower than those established pursuant to this
50 article;
51 3. In furtherance of his or her functions, powers and duties as set
52 forth in this section, the secretary of state may:
53 (a) Recommend studies, surveys and reports to be made by the depart-
54 ment of state regarding the carrying out of the objectives and purposes
55 of this section;
S. 6606--B 91 A. 9706--C
1 (b) Visit and inspect any code enforcement training programs approved
2 by the secretary of state or for which application for such approval has
3 been made; and
4 (c) Recommend standards for promotion to supervisory positions.
5 4. In addition to the functions, powers and duties otherwise provided
6 by this section, the secretary of state shall:
7 (a) Approve code enforcement training programs for code enforcement
8 personnel and issue certificates of approval to such programs, and
9 revoke such approval or certificate;
10 (b) Certify, as qualified, instructors for approved code enforcement
11 training programs for code enforcement personnel and issue appropriate
12 certificates to such instructors;
13 (c) Certify code enforcement personnel who have satisfactorily
14 completed basic training programs and in-service training programs, and
15 issue appropriate certificates to such code enforcement personnel, and
16 revoke such certificate;
17 (d) Cause studies and surveys to be made relating to the establish-
18 ment, operation, effectiveness and approval of code enforcement training
19 programs;
20 (e) Cause studies and surveys to be made relating to the completion or
21 partial completion of training programs by video or computer to the
22 maximum extent practicable;
23 (f) Consult with and cooperate with the state university of New York
24 and private universities, colleges and institutes in the state for the
25 development of specialized courses of study for code enforcement person-
26 nel.
27 § 29-a. Sections 159, 159-a, 159-b, 159-c, and 159-d of the executive
28 law are REPEALED.
29 § 29-b. The executive law is amended by adding a new section 159 to
30 read as follows:
31 § 159. Advisory council for fire prevention and control. 1. There is
32 hereby created within the division of homeland security and emergency
33 services an advisory council for fire prevention and control for the
34 purpose of advising the commissioner and the state fire administrator
35 with regard to: (a) execution of the functions, powers and duties of the
36 office with respect to fire and arson prevention and control services,
37 policies and programs; (b) recommendations on courses of instruction and
38 standards for training of firefighters of fire departments, fire compa-
39 nies, municipal corporations, districts, and private industry of the
40 state; (c) recommendations on federal and state legislation and programs
41 relating to fire and arson prevention services, policies and programs;
42 and (d) recommendations upon such other matters as the commissioner and
43 the state fire administrator may request.
44 2. The council shall be composed of the state fire administrator, as
45 chair, or his or her designee, and twelve other members appointed as
46 follows: six members appointed by the governor; two members appointed by
47 the temporary president of the senate; one member appointed by the
48 minority leader of the senate; two members appointed by the speaker of
49 the assembly; one member appointed by the minority leader of the assem-
50 bly. Members of the fire safety advisory board, the arson board and the
51 firefighting and code enforcement personnel standard and education
52 commission may be appointed to this advisory council.
53 3. Membership of such council shall consist of representatives from
54 the volunteer and career fire service, at least half of which shall
55 serve at the municipal level.
S. 6606--B 92 A. 9706--C
1 4. Members of the council, other than the state fire administrator,
2 shall serve for terms of three years, with such terms to commence on
3 April first and expire on March thirty-first.
4 5. No member of the council shall be disqualified from holding any
5 other public office or employment, nor shall he or she forfeit any such
6 office or employment by reason of the appointment hereunder, notwith-
7 standing the provisions of any general, special or local law, ordinance
8 or city charter.
9 6. The council shall meet at least twice a year. Special meetings may
10 be called by the chairperson. The agenda and meeting place of all regu-
11 lar or special meetings shall be made available to the public in advance
12 of such meeting.
13 7. Members of the council shall serve without salary or per diem
14 allowance, but shall be entitled to reimbursement for actual and neces-
15 sary expenses incurred in the performance of official duties under this
16 section, provided, however, that such members are not, at the time such
17 expenses are incurred, public employees otherwise entitled to such
18 reimbursement.
19 8. The chairperson may create subcommittees as he or she may from time
20 to time deem appropriate to provide the council with advice and recom-
21 mendations. Members of such subcommittees shall be entitled to
22 reimbursement for actual and necessary expenses incurred in the perform-
23 ance of official duties under this section, provided, however, that such
24 members are not, at the time such expenses are incurred, public employ-
25 ees otherwise entitled to such reimbursement.
26 § 30. Section 97-pp of the state finance law, as amended by chapter
27 631 of the laws of 1994, subdivisions 4, 5 and 6 as amended by chapter
28 72 of the laws of 2006, is amended to read as follows:
29 § 97-pp. New York state emergency services revolving loan account. 1.
30 There is hereby established within the combined expendable trust
31 fund-020 in the custody of the state comptroller a new account to be
32 known as the "New York state emergency services revolving loan account".
33 2. The account shall consist of all moneys appropriated for its
34 purpose, all moneys transferred to such account pursuant to law, and all
35 moneys required by this section or any other law to be paid into or
36 credited to this account, including all moneys received by the account
37 or donated to it, payments of principal and interest on loans made from
38 the account, and any interest earnings which may accrue from the invest-
39 ment or reinvestment of moneys from the account.
40 3. Moneys of the account, when allocated, shall be available to the
41 [secretary of state] commissioner of the division of homeland security
42 and emergency services to make loans as provided in this section. Up to
43 five percent of the moneys of the account or two hundred fifty thousand
44 dollars, whichever is less, may be used to pay the expenses, including
45 personal service and maintenance and operation, in connection with the
46 administration of such loans.
47 4. (a) The [secretary of state] commissioner of the division of home-
48 land security and emergency services, on recommendation of the [emergen-
49 cy services loan board] state fire administrator, may make, upon appli-
50 cation duly made, up to the amounts available by appropriation, loans
51 for:
52 (i) Purchasing fire fighting apparatus. A loan for purchasing fire
53 fighting apparatus shall not exceed the lesser of two hundred twenty-
54 five thousand dollars or seventy-five percent of the cost of the fire
55 fighting apparatus; provided, however, that loans issued in response to
56 a joint application shall not exceed the lesser of four hundred thousand
S. 6606--B 93 A. 9706--C
1 dollars or seventy-five percent of the cost of the fire fighting appara-
2 tus.
3 (ii) Purchasing ambulances or rescue vehicles. A loan for purchasing
4 an ambulance or a rescue vehicle shall not exceed the lesser of one
5 hundred fifty thousand dollars or seventy-five percent of the cost of
6 the ambulance or rescue vehicle; provided, however, that loans issued in
7 response to a joint application shall not exceed the lesser of two
8 hundred sixty-five thousand dollars or seventy-five percent of the cost
9 of the ambulance or rescue vehicle.
10 (iii) Purchasing protective equipment or communication equipment. A
11 loan for purchasing protective equipment or communication equipment or
12 both shall not exceed one hundred thousand dollars. Communication equip-
13 ment purchased with such loan shall, to the maximum extent practicable,
14 be compatible with the communication equipment of adjacent services and
15 jurisdictions; provided, however, that loans issued in response to a
16 joint application shall not exceed one hundred sixty-five thousand
17 dollars.
18 (iv) Repairing or rehabilitating fire fighting apparatus, ambulances,
19 or rescue vehicles. A loan for repairing or rehabilitating fire fighting
20 apparatus, ambulances, or rescue vehicles shall not exceed the lesser of
21 seventy-five thousand dollars or one hundred percent of the cost of the
22 repair or rehabilitation; provided, however, that loans issued in
23 response to a joint application shall not exceed the lesser of one
24 hundred thirty-five thousand dollars or one hundred percent of the cost
25 of the repair or rehabilitation.
26 (v) Purchasing accessory equipment. A loan for purchasing accessory
27 equipment shall not exceed seventy-five thousand dollars; provided,
28 however, that loans issued in response to a joint application shall not
29 exceed one hundred thirty-five thousand dollars.
30 (vi) Renovating, rehabilitating or repairing facilities that house
31 firefighting equipment, ambulances, rescue vehicles and related equip-
32 ment. A loan for this purpose shall not exceed the lesser of one hundred
33 fifty thousand dollars or seventy-five percent of the cost of the
34 project; provided, however, that loans issued in response to a joint
35 application shall not exceed the lesser of two hundred sixty-five thou-
36 sand dollars or seventy-five percent of the cost of the project.
37 (vii) Construction costs associated with the establishment of facili-
38 ties that house firefighting equipment, ambulances, rescue vehicles and
39 related equipment. A loan for this purpose shall not exceed the lesser
40 of three hundred thousand dollars or seventy-five percent of the cost of
41 the construction, or be used for the payment of fees for design, plan-
42 ning, preparation of applications or other costs not directly attribut-
43 able to land acquisitions or construction; provided, however, that loans
44 issued in response to a joint application shall not exceed the lesser of
45 five hundred twenty-five thousand dollars or seventy-five percent of the
46 cost of the construction, or be used for the payment of fees for design,
47 planning, preparation of applications or other costs not directly
48 attributable to land acquisitions or construction.
49 (viii) Construction costs associated with the establishment of facili-
50 ties for the purpose of live fire training. A loan for this purpose
51 shall not be granted if another live fire training facility is located
52 within the boundaries of the county or within twenty-five miles. A loan
53 for this purpose shall not exceed the lesser of one hundred fifty thou-
54 sand dollars or seventy-five percent of the cost of construction,
55 provided, however, joint applications shall not exceed the lesser of two
56 hundred sixty-five thousand dollars or seventy-five percent of the cost
S. 6606--B 94 A. 9706--C
1 of construction or be used for the payment of fees for design, planning,
2 preparation of applications or other costs not directly attributable to
3 land acquisitions or construction.
4 (b) No loan authorized by this section shall have an interest rate
5 exceeding two and one-half percent. No applicant shall receive a loan
6 for any purpose under paragraph (a) of this subdivision more than once
7 in any five-year period; provided, however, that joint applicants may
8 receive up to two loans in any five year period. The minimum amount of
9 any loan shall be five thousand dollars. The period of any loan shall
10 not exceed the period of probable usefulness, prescribed by section
11 11.00 of the local finance law, for the emergency equipment to be
12 purchased with the proceeds of the loan or, if no period be there
13 prescribed, five years. The total amount of any interest earned by the
14 investment or reinvestment of all or part of the principal of any loan
15 made under this section shall be returned to the [secretary of state]
16 commissioner of the division of homeland security and emergency services
17 for deposit in the account and shall not be credited as payment of prin-
18 cipal or interest on the loan. The [secretary of state] commissioner of
19 the division of homeland security and emergency services may require
20 security for any loan and may specify the priority of liens against any
21 emergency equipment wholly or partially purchased with moneys loaned
22 under this section. The [secretary of state] commissioner of the divi-
23 sion of homeland security and emergency services may make loans under
24 this section subject to such other terms and conditions the [secretary]
25 commissioner of the division of homeland security and emergency services
26 deems proper.
27 (c) The [secretary of state] commissioner of the division of homeland
28 security and emergency services shall have the power to make such rules
29 and regulations as may be necessary and proper to effectuate the
30 purposes of this section.
31 (d) The [secretary of state] commissioner of the division of homeland
32 security and emergency services shall annually report by March fifteenth
33 to the governor and the legislature describing the activities and opera-
34 tion of the loan program authorized by this section. Such report shall
35 set forth the number of loan applications received and approved; the
36 number of joint applications received and approved; the names of coun-
37 ties, cities, towns, villages and fire districts receiving loans togeth-
38 er with the amount and purpose of the loan, the interest rate charged,
39 and the outstanding balance; and the balance remaining in the New York
40 state emergency services revolving loan account, along with fund reven-
41 ues and expenditures for the previous fiscal year, and projected reven-
42 ues and expenditures for the current and following fiscal years.
43 5. (a) Application for loans may be made by a town, village, city,
44 fire district, fire protection district, independent, not-for-profit
45 fire and ambulance corporation or county, other than a county wholly
46 contained within a city, provided that the application is otherwise
47 consistent with its respective powers. Applications may also be submit-
48 ted jointly by multiple applicants provided that the application is
49 otherwise consistent with each applicant's respective powers.
50 (b) Every application shall be in a form acceptable to the [secretary
51 of state] commissioner of the division of homeland security and emergen-
52 cy services. Every application shall accurately reflect the conditions
53 which give rise to the proposed expenditure and accurately reflect the
54 ability of the applicant to make such an expenditure without the
55 proceeds of a loan under this section.
S. 6606--B 95 A. 9706--C
1 (c) (i) The [emergency services loan board] commissioner of the divi-
2 sion of homeland security and emergency services shall give preference
3 to those applications which demonstrate the greatest need, joint appli-
4 cations, and to those applications the proceeds of which will be applied
5 toward attaining compliance with federal and state laws and may disap-
6 prove any application which contains no adequate demonstration of need
7 or which would result in inequitable or inefficient use of the moneys in
8 the account.
9 (ii) In making determinations on loan applications, the [emergency
10 services loan board] commissioner of the division of homeland security
11 and emergency services shall assure that loan fund moneys are equitably
12 distributed among all sectors of the emergency services community and
13 all geographical areas of the state. Loans for the purpose of personal
14 protective firefighting equipment shall be given preference for a period
15 of two years from the date the first loan is made. Not less than fifty
16 percent of the loans annually made shall be made to applicants whose
17 fire protection or ambulance service is provided by a fire department or
18 ambulance service whose membership is comprised exclusively of volun-
19 teers and whose budget for the fiscal year immediately preceding did not
20 exceed one hundred thousand dollars.
21 (d) [An application or joint application shall be referred by the
22 secretary of state to the emergency services loan board. The board shall
23 consist of the following thirteen members: the secretary of state as
24 chair, or the secretary's designee, the state fire administrator, five
25 members appointed by the governor, two members appointed by the tempo-
26 rary president of the senate, two members appointed by the speaker of
27 the assembly, one member appointed by the minority leader of the senate,
28 and one member appointed by the minority leader of the assembly. Each
29 member of the board shall serve at the pleasure of the appointing offi-
30 cial. Members of the board shall serve without salary or per diem allow-
31 ance, but shall be entitled to reimbursement for actual and necessary
32 expenses incurred in the performance of official duties under this
33 section, provided, however, that such members are not, at the time such
34 expenses are incurred, public employees otherwise entitled to such
35 reimbursement. Notwithstanding any inconsistent provisions of law,
36 general, special or local, no officer or employee of the state, or poli-
37 tical subdivision of the state, any governmental entity operating any
38 public school or college or other public agency or instrumentality or
39 unit of government which exercises governmental powers under the laws of
40 the state, shall forfeit office or employment by reason of acceptance or
41 appointment as a member, representative, officer, employee or agent of
42 the board nor shall service as such member, representative, officer,
43 employee or agent of the board be deemed incompatible or in conflict
44 with such office or employment.
45 (e)] An application or joint application shall not be approved:
46 (i) if the applicant or applicants are in arrears on any prior loan
47 under this section,
48 (ii) if it shall be shown that at any time in the prior ten years the
49 applicant or applicants used state funds to repay all or part of any
50 loan made under this section.
51 [(f)] (e) The [emergency services loan board] commissioner of the
52 division of homeland security and emergency services shall, to the maxi-
53 mum extent feasible, and consistent with the other provisions of this
54 section, seek to provide that loans authorized by this section reflect
55 an appropriate geographic distribution, are distributed equitably and
56 encourage regional cooperation.
S. 6606--B 96 A. 9706--C
1 6. For purposes of this section, the following terms shall have the
2 accompanying meanings:
3 (a) "Fire companies" means (i) a fire company, the members of which
4 are firefighters, volunteer, paid or both, of a county, city, town,
5 village, fire district or fire department, or (ii) a fire corporation,
6 the members of which are firefighters, volunteer, paid or both, provid-
7 ing fire protection pursuant to a fire protection contract within a fire
8 protection district of a town.
9 (b) "Volunteer ambulance service" means an individual, partnership,
10 association, corporation, municipality or any legal or public entity or
11 subdivision thereof engaged in providing emergency medical services and
12 the transportation of sick, disabled or injured persons by motor vehi-
13 cle, aircraft or other form of transportation to or from facilities
14 providing hospital services which is (i) operating not for pecuniary
15 profit or financial gain, and (ii) no part of the assets or income of
16 which is distributable to, or inures to the benefit of, its members,
17 directors or officers.
18 (c) "Ambulance" means a motor vehicle designed, appropriately
19 equipped, and used for carrying sick or injured persons.
20 (d) "Accessory equipment" means equipment necessary to support the
21 ordinary functions of fire fighting, emergency medical services, or
22 rescue activities other than communication equipment, protective equip-
23 ment, and motor vehicles together with their fixtures and appointments.
24 (e) "Account" means the New York state emergency services revolving
25 loan account established by this section within the combined expendable
26 trust fund-020.
27 (f) "Communication equipment" means any voice or original transmission
28 system or telemetry system used to enhance fire fighter safety on the
29 grounds of a fire or other emergency.
30 (g) "Emergency equipment" means any or all of the following: ambu-
31 lances, accessory equipment, communication equipment, fire fighting
32 apparatus, protective equipment, and rescue vehicles.
33 (h) "Fire fighting apparatus" means elevated equipment, pumpers, tank-
34 ers, ladder trucks, hazardous materials emergency response vehicles, or
35 other such specially equipped motor vehicles used for fire protection,
36 together with the fixtures and appointments necessary to support their
37 functions.
38 (i) "Joint application" means an application submitted by two or more
39 towns, villages, cities, fire districts, fire protection districts,
40 not-for-profit fire and ambulance corporations or counties, other than a
41 county wholly contained within a city, for any purposes provided in
42 subdivision four of this section.
43 (j) "Protective equipment" means any clothing and devices that comply
44 with occupational safety and health administration standards (federal
45 occupational safety and health act regulations) used to protect person-
46 nel who provide emergency services from injury while performing their
47 functions, including, but not limited to, helmets, coats, boots, eyesh-
48 ields, gloves and self contained respiratory protection devices.
49 (k) "Rescue vehicle" means a motor vehicle, other than an ambulance or
50 fire fighting apparatus, appropriately equipped and used to support fire
51 department operations and includes a vehicle specifically for carrying
52 accessory equipment.
53 § 31. Section 326 of the county law, as added by section 1 of part G
54 of chapter 81 of the laws of 2002, is amended to read as follows:
55 § 326. New York state [911] interoperable and emergency communication
56 board. The "New York state [911] interoperable and emergency communi-
S. 6606--B 97 A. 9706--C
1 cation board" is hereby established within the [department of state]
2 division of homeland security and emergency services. The board shall
3 assist local governments, service suppliers, wireless telephone service
4 suppliers and appropriate state agencies by facilitating the most effi-
5 cient and effective routing of 911 emergency calls; developing minimum
6 standards for public safety answering points; promoting the exchange of
7 information, including emerging technologies; and encouraging the use of
8 best practice standards among the public safety answering point communi-
9 ty.
10 § 32. Section 328 of the county law is amended by adding a new subdi-
11 vision 10 to read as follows:
12 10. a. The New York state interoperable and emergency communication
13 board shall make recommendations to the commissioner of the division of
14 homeland security and emergency services on the expenditure of grants
15 and other funding programs related to interoperable and emergency commu-
16 nications. In carrying out this responsibility, and consistent with the
17 mission of the division of homeland security and emergency services, the
18 board will make recommendations related to the development, coordination
19 and implementation of policies, plans, standards, programs and services
20 related to interoperable and emergency communications, including but not
21 limited to ensuring compliance with federal mandates for interoperable
22 communications and compatibility with the National Incident Management
23 System.
24 b. The board, in fulfilling its role to provide ongoing guidance
25 regarding policies, plans, standards, programs and services related to
26 interoperable and emergency communications, shall:
27 (1) establish structures and guidelines to maintain interoperable
28 communications planning and coordination at the statewide level;
29 (2) establish, promulgate and revise standards for the operation of
30 public safety answering points; and
31 (3) establish guidelines regarding the creation of regionally based
32 radio communications systems compatible with the structures and guide-
33 lines created under subparagraph one of this paragraph and with federal
34 mandates and best practices.
35 § 33. Section 327 of the county law, as added by section 1 of part G
36 of chapter 81 of the laws of 2002, subdivision 5 as amended by section 2
37 of part Y of chapter 62 of the laws of 2003, is amended to read as
38 follows:
39 § 327. New York state [911] interoperable and emergency communication
40 board membership. 1. The board shall consist of [thirteen] twenty-five
41 members who shall be selected as follows:
42 (a) one shall be the [secretary of state] statewide interoperable and
43 emergency communication coordinator, or his or her designee, who shall
44 be the chairperson of the board;
45 (b) one shall be the commissioner of criminal justice services, or his
46 or her designee;
47 (c) [five] one shall be the superintendent of the state police, or his
48 or her designee;
49 (d) one shall be the adjutant general of the division of military and
50 naval affairs, or his or her designee;
51 (e) one shall be the commissioner of the division of homeland security
52 and emergency services, or his or her designee;
53 (f) one shall be the commissioner of the department of transportation,
54 or his or her designee;
55 (g) one shall be the commissioner of the department of health, or his
56 or her designee;
S. 6606--B 98 A. 9706--C
1 (h) one shall be the director of the office for technology, or his or
2 her designee;
3 (i) seven shall be appointed by the governor; provided, however, that
4 no more than two such appointments made pursuant to this paragraph shall
5 be from the same category of members as provided for in subdivision two
6 of this section;
7 [(d) three] (j) five shall be appointed by the governor upon the
8 recommendation of the temporary president of the senate; provided,
9 however, that no more than one such appointment made pursuant to this
10 paragraph shall be from the same category of members as provided for in
11 subdivision two of this section; and
12 [(e) three] (k) five shall be appointed by the governor upon the
13 recommendation of the speaker of the assembly; provided, however, that
14 no more than one such appointment made pursuant to this paragraph shall
15 be from the same category of members as provided for in subdivision two
16 of this section.
17 2. The members appointed upon the recommendation of the temporary
18 president of the senate and the speaker of the assembly, and the members
19 appointed by the governor pursuant to paragraph (c) of subdivision one
20 of this section, shall have experience with interoperable and emergency
21 communication issues, and shall be representative of chiefs of police,
22 sheriffs, fire chiefs and departments, ambulance service providers,
23 including proprietary or volunteer ambulance services, county 911 coor-
24 dinators, emergency managers, local elected officials, [wireless tele-
25 phone service suppliers, service suppliers] non-governmental organiza-
26 tions specializing in disaster relief, tribal nation representation, and
27 statewide first responder associations, or representatives of consumer
28 interests.
29 3. Each board member shall be appointed for a term of four years.
30 Vacancies in the board occurring otherwise than by expiration of a term
31 shall be filled for the unexpired term in the same manner as the
32 original appointment. The board shall meet as frequently as it may deem
33 necessary and at least four times each year on such dates as agreed upon
34 by the board. The board may approve and from time to time amend bylaws
35 in relation to its meetings and the transaction of its business. A
36 majority of the members of the board then in office shall constitute a
37 quorum for the transaction of any business or the exercise of any power
38 by the board.
39 4. Members of the board shall receive no compensation for their
40 services, but shall be reimbursed for actual and necessary expenses
41 incurred by them in the performance of their duties. Notwithstanding any
42 inconsistent provisions of law, no officer or employee of the state or
43 any political subdivision of the state shall forfeit such office or
44 employment by reason of acceptance or appointment as a member of the
45 board. For purposes of section thirteen of article thirteen of the state
46 constitution, membership on the board by a sheriff shall not constitute
47 public office.
48 5. Article two of the state administrative procedure act shall not
49 apply, provided, however, that the board shall publicly post the stand-
50 ards proposed pursuant to section three hundred twenty-eight of this
51 article no later than forty-five days prior to their adoption. Such
52 standards shall be posted in appropriate publications, the state regis-
53 ter and on the [department of state's] division of homeland security and
54 emergency services' website. During such forty-five day period, the
55 board shall receive and consider public comment on the proposed stand-
56 ards before adopting final standards. Upon final adoption, those stand-
S. 6606--B 99 A. 9706--C
1 ards adopted pursuant to section three hundred twenty-eight of this
2 article shall be posted in appropriate publications, the state register
3 and on the [department of state's] division of homeland security and
4 emergency services' website.
5 6. The board shall be subject to articles six and seven of the public
6 officers law.
7 § 34. Section 328-a of the county law is REPEALED.
8 § 35. Section 328-b of the county law, as added by section 1 of part G
9 of chapter 81 of the laws of 2002, is amended to read as follows:
10 § 328-b. Powers and duties of the chairperson. 1. The chairperson of
11 the board shall coordinate efforts among other executive agencies having
12 an interest in the duties of the board, and shall consult with such
13 agencies in carrying out the duties of the board.
14 2. The chairperson shall receive such assistance as required to carry
15 out its duties from staff of the [department of state] division of home-
16 land security and emergency services designated for such purposes, as
17 well as staff members recommended by other state agencies to the chair-
18 person.
19 3. The board may request and receive from any department, division,
20 board, bureau, commission, or other agency of the state or any political
21 subdivision thereof such assistance, information, and data as will
22 enable the board to properly carry out its functions, powers, and duties
23 under this article.
24 § 36. Section 331 of the county law is REPEALED.
25 § 37. Section 332 of the county law is REPEALED.
26 § 38. Paragraph (c) of subdivision 6 of section 186-f of the tax law,
27 as added by section 3 of part B of chapter 56 of the laws of 2009, is
28 amended to read as follows:
29 (c) [To fund costs associated with the design, construction, and oper-
30 ation of the statewide wireless network annually pursuant to appropri-
31 ation by the legislature] Up to the sum of seventy-five million dollars
32 annually may be used for the provision of grants or reimbursements to
33 counties for the development, consolidation, or operation of public
34 safety communications systems or networks designed to support statewide
35 interoperable communications for first responders, to be distributed
36 pursuant to standards and guidelines issued by the state. Annual grants
37 may consider costs borne by a municipality related to the issuance of
38 local public safety communications bonds pursuant to section twenty-four
39 hundred thirty-two of the public authorities law, when the municipality
40 has qualified as an approved participant in a statewide interoperable
41 communications system under the standards and guidelines issued by the
42 state, and maintains compliance with such standards and guidelines. The
43 grant amount will be prescribed pursuant to an agreement with the muni-
44 cipality, and may not exceed thirty percent of the annual cost borne by
45 the municipality in relation to such bonds;
46 § 39. Paragraphs (d) and (e) of subdivision 6 of section 186-f of the
47 tax law, as added by section 3 of part B of chapter 56 of the laws of
48 2009, are amended and a new paragraph (e) is added to read as follows:
49 (d) [Not less than the sum of ten million dollars annually must be
50 disbursed pursuant to article six-A of the county law and appropriated
51 by the legislature; and
52 (e)] To provide the costs of debt service for bonds and notes issued
53 to finance expedited deployment funding pursuant to the provisions of
54 section three hundred thirty-three of the county law and section sixteen
55 hundred eighty-nine-h of the public authorities law[.]; and
S. 6606--B 100 A. 9706--C
1 (e) services and expenses that support the operations and mission of
2 the division of homeland security and emergency services as appropriated
3 by the legislature.
4 § 40. Section 156-e of the executive law, as added by section 2 of
5 part A of chapter 81 of the laws of 2002, is amended to read as follows:
6 § 156-e. College fire safety. 1. Notwithstanding the provisions of any
7 law to the contrary, the office of fire prevention and control of the
8 division of homeland security and emergency services, by and through the
9 state fire administrator or their duly authorized officers and employ-
10 ees, shall have the responsibility to annually inspect buildings under
11 the jurisdiction of public colleges and independent colleges, as these
12 terms are defined in section eight hundred seven-b of the education law,
13 for compliance with and violations of the uniform fire prevention and
14 building code; or any other applicable code, rule or regulation pertain-
15 ing to fire safety. Buildings subject to inspection are all buildings
16 under the jurisdiction of such colleges used for classroom, dormitory,
17 fraternity, sorority, laboratory, physical education, dining, recre-
18 ational or other purposes.
19 2. a. The office of fire prevention and control shall have the power
20 to issue a notice of violation and orders requiring the remedying of any
21 condition found to exist in, on or about any such building which
22 violates the uniform fire prevention and building code, or any other
23 code, rule or regulation pertaining to fire safety, fire safety equip-
24 ment and fire safety devices. Such office is further authorized to
25 promulgate regulations regarding the issuance of violations, compliance
26 with orders, and providing for time for compliance, reinspection proce-
27 dures, and issuance of certificates of conformance.
28 b. Where any college authority in general charge of the operation of
29 any public or independent college buildings is served personally or by
30 registered or certified mail with an order of the office of fire
31 prevention and control to remedy any violation and fails to comply with
32 such order immediately or within such other time as specified in the
33 order, the office of fire prevention and control may avail itself of any
34 or all of the following remedies: (1) assess a civil penalty of up to
35 five hundred dollars per day until the violation is corrected; (2) order
36 immediate closure of the building, buildings or parts thereof where a
37 violation exists that poses an imminent threat to public health and
38 safety; (3) [exercise all of the authority conferred upon the secretary
39 of state pursuant to article eighteen of this chapter to obtain compli-
40 ance with its orders; or (4)] refer violations to the appropriate local
41 government authorities for enforcement pursuant to article eighteen of
42 this chapter.
43 c. The office of fire prevention and control [by and through the
44 secretary of state] is authorized to commence necessary proceedings in a
45 court of competent jurisdiction seeking enforcement of any of its orders
46 and payment of assessed penalties.
47 3. a. Except as provided herein, any county, city, town or village,
48 pursuant to resolution of their respective legislative bodies, may apply
49 to the office of fire prevention and control for delegation of all or
50 part of the duties, rights and powers conferred upon the office of fire
51 prevention and control by this section and section eight hundred seven-b
52 of the education law. Upon acceptable demonstration of adequate capabil-
53 ity, resources and commitment on the part of the applicant local govern-
54 ment, the office of fire prevention and control may make such deleg-
55 ation, in which case the local government shall also have all of the
56 rights, duties and powers provided to local governments in article eigh-
S. 6606--B 101 A. 9706--C
1 teen of this chapter and in any city charter or code. The authority
2 granted in this section to assess civil penalties[,] and order closure
3 of buildings [and take action possessed by the secretary of state under
4 article eighteen of this chapter,] shall not be delegated to the local
5 government. Such powers shall continue in the office of fire prevention
6 and control which may exercise them in the case of violations, on its
7 own volition or at the request of the delegee local government. The
8 delegation shall expire after three years, and may be renewed at the
9 discretion of the office of fire prevention and control. All inspection
10 reports conducted pursuant to a delegation of authority shall be prompt-
11 ly filed with the office of fire prevention and control. In the event
12 any such report is not filed or reasonable grounds exist to believe that
13 inspections or enforcement are inadequate or ineffective, the office of
14 fire prevention and control may revoke the delegation or continue it
15 subject to terms and conditions specified by the office of fire
16 prevention and control.
17 b. The authorities in a city having a population of one million or
18 more shall exercise all of the rights, powers and duties pertaining to
19 inspection of independent and public college buildings and enforcement
20 provided in this section and section eight hundred seven-b of the educa-
21 tion law, without impairing any existing authority of such city. A copy
22 of all inspection reports shall be filed with the office of fire
23 prevention and control by the authorities conducting inspections.
24 § 41. Subdivision 2 and paragraph (b) of subdivision 3 of section
25 837-o of the executive law, as amended by chapter 689 of the laws of
26 2002, are amended to read as follows:
27 2. Within ten business days of receipt from the applicant, the chief
28 of the fire company shall send the completed search request form to
29 either (i) the sheriff's department of the county in which the fire
30 company is located, or (ii) the [department of state,] office of fire
31 prevention and control, as follows:
32 (a) the sheriff's department of the county in which the fire company
33 is located shall be responsible for receiving the search requests and
34 processing the search requests with the division within ten business
35 days of receipt from the chief of the fire company, unless the county
36 legislative body adopts and files with the [secretary of state] office
37 of fire prevention and control pursuant to the municipal home rule law a
38 local law providing that the sheriff's department shall not have such
39 responsibility;
40 (b) in all other instances where a county legislative body has adopted
41 a local law pursuant to paragraph (a) of this subdivision, the [depart-
42 ment of state,] office of fire prevention and control shall be responsi-
43 ble for receiving search requests and forwarding the search requests to
44 the division.
45 The [department of state,] office of fire prevention and control is
46 hereby authorized to establish a communication network with the division
47 for the purpose of forwarding search requests and receiving search
48 results pursuant to paragraph (b) of this subdivision.
49 (b) The results of the search shall be communicated in writing, within
50 ten business days of receipt from the division, to the chief of the fire
51 company from which the search request originated by either the sheriff's
52 department or the [department of state,] office of fire prevention and
53 control, and shall be kept confidential by the chief, except as provided
54 in paragraph (c) of this subdivision. The results of the search shall
55 only state either that: (i) the applicant stands convicted of arson, or
56 (ii) the applicant has no record of conviction for arson. The results of
S. 6606--B 102 A. 9706--C
1 the search shall not divulge any other information relating to the crim-
2 inal history of the applicant.
3 § 42. Subdivisions 1 and 2 of section 225-a of the county law, as
4 amended by chapter 225 of the laws of 1979, are amended to read as
5 follows:
6 1. In order to develop and maintain programs for fire training, fire
7 service-related activities and mutual aid in cases of fire and other
8 emergencies in which the services of firemen would be used and to coop-
9 erate with the office of fire prevention and control [in the department
10 of state] in furthering such programs, the board of supervisors of any
11 county may create a county fire advisory board and may establish the
12 office of county fire coordinator.
13 2. A county fire advisory board shall consist of not less than five
14 nor more than twenty-one members, each of whom shall be appointed by the
15 board of supervisors for a term of not to exceed one year, two years or
16 three years. Such terms of office need not be the same for all members.
17 It shall be the duty of such board to cooperate with the office of fire
18 prevention and control [in the department of state] in relation to such
19 programs for fire training, fire service-related activities and mutual
20 aid; to act as an advisory body to the board of supervisors and to the
21 county fire coordinator, if any, in connection with the county partic-
22 ipation in such programs for fire training, fire service-related activ-
23 ities and mutual aid and in connection with the county establishment and
24 maintenance of a county fire training school and mutual aid programs in
25 cases of fire and other emergencies in which the services of firemen
26 would be used; to perform such other duties as the board of supervisors
27 may prescribe in relation to fire training, fire service-related activ-
28 ities and mutual aid in cases of fire and other emergencies in which the
29 services of firemen would be used. The members of such board shall be
30 county officers, and shall serve without compensation.
31 § 43. Section 399-n of the general business law, as added by chapter
32 576 of the laws of 1985, is amended to read as follows:
33 § 399-n. Approval of electrical devices. Whenever electrical devices
34 or electrical wiring or electrical apparatus are required to be approved
35 by underwriters laboratories for fire safety by any statute, law, rule
36 or regulation, of the state or any municipality thereof, approval by any
37 qualified laboratory or testing organization that tests for fire safety
38 in the state of New York will be deemed to be satisfaction of such
39 requirement. For the purposes of this section, a qualified laboratory or
40 testing organization is one which meets the criteria of (1) the American
41 Society for Testing Materials test E548-76, or (2) any rules or regu-
42 lations relating thereto that may be promulgated by [the office of fire
43 prevention and control of] the department of state.
44 § 44. Section 204-d of the general municipal law, as amended by chap-
45 ter 583 of the laws of 2006, is amended to read as follows:
46 § 204-d. Duties of the fire chief. The fire chief of any fire depart-
47 ment or company shall, in addition to any other duties assigned to him
48 by law or contract, to the extent reasonably possible determine or cause
49 to be determined the cause of each fire or explosion which the fire
50 department or company has been called to suppress. He shall file with
51 the office of fire prevention and control [of the department of state] a
52 report containing such determination and any additional information
53 required by such office regarding the fire or explosion. The report
54 shall be in the form designated by such office. He shall contact or
55 cause to be contacted the appropriate investigatory authority if he has
56 reason to believe the fire or explosion is of incendiary or suspicious
S. 6606--B 103 A. 9706--C
1 origin. For all fires that are suspected to have been ignited by a ciga-
2 rette, within fourteen days after completing the investigation into such
3 fire, the fire chief shall forward to the office of fire prevention and
4 control information detailing, to the extent possible: (a) the specific
5 brand and style of the cigarette suspected of having ignited such fire;
6 (b) whether the cigarette package was marked as required by subdivision
7 six of section one hundred fifty-six-c of the executive law; and (c) the
8 location and manner in which such cigarette was purchased.
9 § 45. Subdivisions 1 and 2 of section 209-e of the general municipal
10 law, as amended by chapter 225 of the laws of 1979, are amended to read
11 as follows:
12 1. Plan. The state fire administrator shall prepare a state fire mobi-
13 lization and mutual aid plan which may provide for the establishment of
14 fire mobilization and mutual aid zones of the state. Upon filing of the
15 plan in the office [of the department of state] of fire prevention and
16 control such plan shall become the state fire mobilization and mutual
17 aid plan. Such plan may be amended from time to time in the same manner
18 as originally adopted.
19 2. Regional fire administrators. The state fire administrator may
20 appoint and remove a regional fire administrator for each fire mobiliza-
21 tion and mutual aid zone established pursuant to the state fire mobili-
22 zation and mutual aid plan. Before he enters on the duties of the
23 office, each regional fire administrator shall take and subscribe before
24 an officer authorized by law to administer oaths the constitutional oath
25 of office, which shall be administered and certified by the officer
26 taking the same without compensation and shall be filed in the office of
27 [the department of state] fire prevention and control.
28 § 46. Subsection (b) of section 318 of the insurance law is amended to
29 read as follows:
30 (b) The information contained in such reports shall, in accordance
31 with such regulations, be available to law enforcement agencies, to tax
32 districts which have, pursuant to the provisions of section twenty-two
33 of the general municipal law, filed with the superintendent a notice of
34 intention to claim against the proceeds of a policy of fire insurance,
35 to the office of fire prevention and control [of the department of
36 state,] and to appropriate governmental agencies charged with the
37 responsibility for demolition of structures.
38 § 47. Section 54-e of the state finance law, as added by chapter 741
39 of the laws of 1978, paragraph g of subdivision 1 as amended by chapter
40 225 of the laws of 1979, is amended to read as follows:
41 § 54-e. State assistance to reimburse municipalities for firefighting
42 costs. 1. As used in this section, unless otherwise expressly stated:
43 a. "Normal operating expenses" shall mean those costs, losses and
44 expenses which are ordinarily associated with the maintenance, adminis-
45 tration and day-to-day operations of the fire department of a munici-
46 pality. Such expenses shall include, but not be limited to, the ordinary
47 wages of firefighters, administrative and other overhead costs, depreci-
48 ation, the costs of litigation and the costs of employee's benefits,
49 including insurance, disability, death, or health care whether or not
50 such costs are incurred as the result of firefighting services rendered
51 to property under the jurisdiction of the state of New York.
52 b. "Firefighting costs" shall mean those expenses and losses which
53 would not have been incurred had not the fire in question taken place.
54 Such costs shall include, but not be limited to, salaries for specially
55 employed personnel, costs of supplies expended, and the lesser of (1)
56 the cost of repairing any destroyed or damaged equipment or (2) the
S. 6606--B 104 A. 9706--C
1 value of such equipment immediately preceding the fire. Firefighting
2 costs shall not include: normal operating expenses as defined herein,
3 any firefighting cost for which the municipality is reimbursed under a
4 policy of insurance or any costs associated with false alarms, regard-
5 less of cause.
6 c. "Claim" shall mean that amount which is equal to those firefighting
7 costs incurred by a municipality to the extent that such costs exceed
8 the sum of two hundred fifty dollars.
9 d. "Fire" shall mean any instance of destructive and uncontrolled
10 burning on property under the jurisdiction of the state of New York
11 including scorch burns and explosions of combustible dust or solids,
12 flammable liquids and gases.
13 e. "Municipality" shall mean any county, city, village, town or fire
14 district, having a fire department consisting of personnel, apparatus
15 and equipment which has as its purpose protecting property and maintain-
16 ing the safety and welfare of the public from the dangers of fire, or,
17 in the case of a fire protection district or that portion of a town
18 outside a village or fire district, a fire company as defined in section
19 three of the volunteer [firemen's] firefighters' benefit law. The
20 personnel of any such fire department may be paid employees or unpaid
21 volunteers or any combination thereof.
22 f. "Property under the jurisdiction of the state of New York" shall
23 mean real property and improvements thereon and appurtenances thereto in
24 which the state of New York holds legal fee simple title and further,
25 any real property conveyed or made available to the New York state hous-
26 ing finance agency or the dormitory authority of the state of New York
27 under agreements for the financing and construction of facilities for
28 the state university of New York; provided however, with the exception
29 of property occupied by the state university of New York, such property
30 shall not include leasehold interest; provided further, such property
31 shall not include any property for which a municipality receives any
32 payments-in-lieu of taxes or any other payments, including real property
33 taxes, that are or may be used for providing fire protection to such
34 property.
35 [g. "Secretary" shall mean the secretary of state or the state fire
36 administrator as his designee.]
37 2. Any municipality whose fire department has responded to a fire on
38 property under the jurisdiction of the state of New York:
39 a. shall, within thirty days after such fire, submit a report, on a
40 form prescribed by the [secretary of state] office of fire prevention
41 and control, to the [secretary] office of fire prevention and control
42 stating the location of such a fire and the firefighting costs incurred
43 while fighting such a fire; and
44 b. may, within thirty days after such a fire, submit a claim, on a
45 form prescribed by the [secretary of state,] office of fire prevention
46 and control to the [secretary] office of fire prevention and control
47 pursuant to the provisions of this section.
48 3. The [secretary] office of fire prevention and control shall review
49 each claim to determine if such claim shall be approved, reduced,
50 amended or rejected and shall notify the municipality, within sixty days
51 of receipt of such claim, as to his determination. The municipality
52 shall notify the [secretary,] office of fire prevention and control
53 within thirty days after receipt of the [secretary's] office of fire
54 prevention and control's notification, as to its acceptance or rejection
55 of such determination. Failure to so notify the [secretary] office of
56 fire prevention and control shall constitute an acceptance of the deter-
S. 6606--B 105 A. 9706--C
1 mination. If accepted by the municipality, such acceptance shall consti-
2 tute the final and conclusive determination for such claim. If rejected
3 by the municipality, such municipality shall resubmit its claim, within
4 thirty days after receipt of the [secretary's] office of fire prevention
5 and control's notification, together with its reasons for objection and
6 any additional documentation which may justify its claim. Upon receipt
7 of a resubmitted claim, the [secretary] office of fire prevention and
8 control shall review such claim and within sixty days of receipt of such
9 resubmitted claim, make a final determination as to the amount to be
10 approved for such claim. If the municipality shall dispute such final
11 determination it may commence an action, within sixty days of such final
12 determination, in the court of claims which shall have jurisdiction to
13 adjudicate the claim and enter judgment, which judgment shall be a final
14 determination for purposes of this section and shall be payable in
15 accordance with the provisions of subdivisions four and five of this
16 section.
17 4. The [secretary] office of fire prevention and control shall certify
18 all claims for which a final determination has been made. The [secre-
19 tary] office of fire prevention and control shall submit all claims
20 certified during the preceding year to the comptroller of the department
21 of audit and control on or before April first of each year. Any claim
22 that has been received prior to April first of such year, but for which
23 no certification has been made, shall, for purposes of payment, be
24 considered as a claim for the year in which such certification is made.
25 5. All claims certified by the [secretary] office of fire prevention
26 and control shall be paid annually and shall be paid upon a warrant from
27 the comptroller from funds appropriated in the local assistance fund. In
28 the event such appropriation is insufficient to permit the aggregate
29 annual payments authorized under this section, each municipality's
30 payment for any claim or claims certified during the preceding year
31 shall be decreased proportionally until the total payments are equal to
32 the amount appropriated.
33 6. The chief fiscal officer of the municipality shall pay the amounts
34 received under this section into the fund or funds from which moneys
35 were expended to provide the firefighting services for which a
36 reimbursement was made under this section.
37 7. This section shall not in any way impair, limit or modify the
38 rights and obligations of any insurer under any policy of insurance.
39 8. The [secretary of state] office of fire prevention and control
40 shall annually prepare a report on the effectiveness of this section and
41 shall submit such report to the legislature. Such report shall include
42 the number and location of any fire on property under the jurisdiction
43 of the state of New York, the number of claims and the amount of each
44 such claim filed pursuant to this section and further, the total amount
45 of all claims filed and the total amount of payments made under the
46 provisions of this section. The first such report shall be submitted to
47 the legislature on or before June first, nineteen hundred seventy-nine.
48 § 48. Subdivisions 4 and 5 of section 99-q of the state finance law,
49 as added by chapter 490 of the laws of 2009, are amended to read as
50 follows:
51 4. Monies shall be payable from the fund on the audit and warrant of
52 the comptroller on vouchers approved and certified by the [secretary of
53 state upon the recommendation of the office of fire prevention and
54 control] state fire administrator.
S. 6606--B 106 A. 9706--C
1 5. To the extent practicable, the [secretary of state] state fire
2 administrator shall ensure that all monies received during a fiscal year
3 are expended prior to the end of that fiscal year.
4 § 49. Subdivision 1 of section 115-a of the vehicle and traffic law,
5 as amended by chapter 225 of the laws of 1979, is amended to read as
6 follows:
7 1. a vehicle operated by officials of the office of fire prevention
8 and control [in the department of state],
9 § 50. Subdivision 79 of section 2.10 of the criminal procedure law, as
10 added by chapter 241 of the laws of 2004, is amended to read as follows:
11 79. Supervisors and members of the arson investigation bureau and fire
12 inspection bureau of the [department of state's] office of fire
13 prevention and control when acting pursuant to their special duties in
14 matters arising under the laws relating to fires, their prevention,
15 extinguishment, investigation thereof, and fire perils; provided, howev-
16 er, that nothing in this subdivision shall be deemed to authorize such
17 employees to carry, possess, repair, or dispose of a firearm unless the
18 appropriate license therefor has been issued pursuant to section 400.00
19 of the penal law.
20 § 51. Section 380 of the executive law, as added by section 707 of the
21 laws of 1981, is amended to read as follows:
22 § 380. Granting authority. The secretary[, by and through the office
23 of fire prevention and control,] shall administer a program of local
24 assistance to aid local governments in the administration and enforce-
25 ment of locally adopted or state promulgated building and fire codes.
26 Said program of local assistance shall conform to the requirements of
27 section fifty-four-g of the state finance law. The secretary shall
28 adopt, amend and rescind such rules, regulations and guidelines as may
29 be necessary for the performance of his or her functions, powers and
30 duties under this section.
31 § 52. Notwithstanding any law to the contrary, appropriations and
32 reappropriations made in chapter 50 of the laws of 2010 to the Division
33 of Homeland Security and Emergency Services for the Administration
34 Program, Cyber Security Program, Homeland Security Program, and Design
35 and Construction Supervision Capital Construction Program shall be
36 available to the current Office of Homeland Security for expenditure by
37 these same programs during the period of April 1, 2010 through December
38 31, 2010; appropriations and reappropriations made in chapter 50 of the
39 laws of 2010 to the Division of Homeland Security and Emergency Services
40 for the Disaster Assistance Program and the Emergency Management Program
41 shall be available to the Division of Military and Naval Affairs for
42 expenditure by these same programs during the period of April 1, 2010
43 through December 31, 2010; appropriations and reappropriations made in
44 chapter 50 of the laws of 2010 to the Division of Homeland Security and
45 Emergency Services for the Fire Prevention and Control Program shall be
46 available to the Department of State for expenditure by the Office of
47 Fire Prevention and Control during the period of April 1, 2010 through
48 December 31, 2010; and appropriations made in chapter 50 of the laws of
49 2010 to the Division of Homeland Security and Emergency Services for the
50 Interoperable Communications Program shall be available to the Office
51 for Technology for expenditure by State Interoperability Program Office
52 during the period of April 1, 2010 through December 31, 2010.
53 § 53. Annual report on merger. The commissioner of the division of
54 homeland security and emergency services shall, on or before January
55 first, two thousand eleven and two thousand twelve, submit to the gover-
56 nor, the temporary president of the senate, and the speaker of the
S. 6606--B 107 A. 9706--C
1 assembly, a report concerning the progress of the merger of the former
2 office of homeland security, state emergency management office, state
3 911 board, office of cyber security and critical infrastructure coordi-
4 nation, and office of fire prevention and control. Such report shall
5 include a current and projected organizational chart, identify and
6 account for cost savings achieved or costs incurred as a result of such
7 merger, evaluate progress made toward (a) improved cooperation with
8 local and federal partners, (b) improved flow of information among the
9 merged entities, (c) development of regional interoperable communication
10 networks, (d) restructuring of the 911 board, (e) creation of a state-
11 of-the-art training facility for first responders, (f) greater efficien-
12 cy of public safety functions at the local level, (g) standardization
13 and streamlining of grant operations, (h) efficiencies and savings due
14 to combined administrative functions and shared service centers, and
15 provide other information which, in the opinion of the commissioner, is
16 pertinent to an assessment of the performance and cost-effectiveness of
17 the merger in the previous year.
18 § 54. This act shall take effect July 1, 2010; provided however that
19 sections thirty-six and thirty-seven of this act shall take effect on
20 July 1, 2010 so long as nothing in this act may adversely affect any
21 state agency from distributing funds to political subdivisions of the
22 state in a like manner as the year prior; provided, however, that if
23 anything in this act adversely affects any state agency from distribut-
24 ing funds to political subdivisions of this state in a like manner as
25 the year prior then sections thirty-six and thirty-seven of this act
26 shall take effect upon the cessation of such adverse effects, provided
27 that the director of the division of the budget shall notify the legis-
28 lative bill drafting commission upon the cessation of such adverse
29 effects provided for in this section in order that the commission may
30 maintain an accurate and timely effective data base of the official text
31 of the laws of the state of New York in furtherance of effectuating the
32 provisions of section 44 of the legislative law and section 70-b of the
33 public officers law; and provided further that agencies are hereby
34 authorized to promulgate and establish any rules and regulations that
35 are necessary for the implementation of this act on its effective date.
36 PART C
37 Intentionally omitted.
38 PART D
39 Section 1. Intentionally omitted.
40 § 2. Intentionally omitted.
41 § 3. The opening paragraph of subdivision 6 of section 390.50 of the
42 criminal procedure law, as added by chapter 866 of the laws of 1980, is
43 amended to read as follows:
44 Professional licensing agencies. Probation departments shall provide a
45 copy of presentence reports prepared in the case of individuals who are
46 known to be licensed pursuant to title eight of the education law to the
47 state department of health if the licensee is a physician, a special-
48 ist's assistant or a physician's assistant, and to the state education
49 department with respect to all other such licensees. Such reports shall
50 be accumulated and forwarded every three months, shall be in writing,
51 may be submitted in a hard copy or electronically, and shall contain the
52 following information:
S. 6606--B 108 A. 9706--C
1 § 4. Intentionally omitted.
2 § 5. Intentionally omitted.
3 § 6. Intentionally omitted.
4 § 7. Section 60.27 of the penal law is amended by adding a new subdi-
5 vision 14 to read as follows:
6 14. Where a transfer of probation has occurred pursuant to section
7 410.80 of the criminal procedure law and the probationer is subject to a
8 restitution condition, the department of probation in the county in
9 which the order of restitution was imposed shall notify the appropriate
10 district attorney. Upon notification by the department of probation,
11 such district attorney shall file a certified copy of the judgment with
12 the clerk of the county in the receiving jurisdiction for purposes of
13 establishing a first lien and to permit institution of civil proceedings
14 pursuant to the provisions of subdivision six of section 420.10 of the
15 criminal procedure law.
16 § 8. Paragraph (b) of subdivision 3 of section 65.10 of the penal law
17 is amended to read as follows:
18 (b) Remain within the jurisdiction of the court unless granted permis-
19 sion to leave by the court or the probation officer[; and]. Where a
20 defendant is granted permission to move or travel outside the jurisdic-
21 tion of the court, the defendant shall sign a written waiver of extradi-
22 tion agreeing to waive extradition proceedings where such proceedings
23 are the result of the issuance of a warrant by the court pursuant to
24 subdivision two of section 410.40 of the criminal procedure law based on
25 an alleged violation of probation. Where any county or the city of New
26 York incurs costs associated with the return of any probationer based on
27 the issuance of a warrant by the court pursuant to subdivision two of
28 section 410.40 of the criminal procedure law, the jurisdiction may
29 collect the reasonable and necessary expenses involved in connection
30 with his or her transport, from the probationer; provided that where the
31 sentence of probation is not revoked pursuant to section 410.70 of the
32 criminal procedure law no such expenses may be collected.
33 § 9. Intentionally omitted.
34 § 10. The section heading and subdivisions 1, 2, 3 and 4 of section
35 246 of the executive law, the section heading and subdivisions 2 and 4
36 as added by chapter 479 of the laws of 1970, subdivisions 1 and 3 as
37 amended by chapter 134 of the laws of 1985, and the second undesignated
38 paragraph of subdivision 4 as amended by chapter 55 of the laws of 1992,
39 are amended to read as follows:
40 State [reimbursement] aid for probation services. 1. The program of
41 state aid to county probation services shall be [continued. It shall be]
42 administered by the division of [probation and correctional alterna-
43 tives] criminal justice services with the advice of the state probation
44 commission and the director of the office of probation and correctional
45 alternatives. Funds appropriated to the division for distribution as
46 state aid to county probation services and to the probation services of
47 New York city shall be distributed by the division in accordance with
48 [the provisions of this section, and] rules and regulations adopted by
49 the [director] commissioner of the division of criminal justice services
50 after consultation with the state probation commission and the director
51 of the office of probation and correctional alternatives.
52 2. State aid shall be granted to the city of New York and the respec-
53 tive counties outside the city of New York [only to the extent of reim-
54 bursing fifty per centum of the approved] for expenditures to be
55 incurred by the county or city in maintaining and improving local
56 probation services subject to amounts appropriated for this purpose.
S. 6606--B 109 A. 9706--C
1 [It] State aid grants shall not [include] be used for expenditures for
2 capital additions or improvements, or for debt service costs for capital
3 improvements.
4 State aid shall be granted by the [director] commissioner of the divi-
5 sion of criminal justice services after consultation with the state
6 probation commission and the director of the office of probation and
7 correctional alternatives, provided the respective counties or the city
8 of New York conform to standards relating to the administration of
9 probation services as adopted by the [director] commissioner of the
10 division of criminal justice services after consultation with the state
11 probation commission and the director of the office of probation and
12 correctional alternatives.
13 3. Applications from counties or the city of New York for state aid
14 under this section shall be made by filing with the division of
15 [probation and correctional alternatives] criminal justice services, a
16 detailed plan, including cost estimates covering probation services for
17 the fiscal year or portion thereof for which aid is requested. Included
18 in such estimates shall be clerical costs and maintenance and operation
19 costs as well as salaries of probation personnel and such other perti-
20 nent information as the [director] commissioner of the division of crim-
21 inal justice services may require. Items for which [reimbursement] state
22 aid is requested under this section shall be duly designated in the
23 estimates submitted. The [director] commissioner of the division of
24 criminal justice services, after consultation with the state probation
25 commission and the director of the office of probation and correctional
26 alternatives, shall approve such plan if it conforms to standards relat-
27 ing to the administration of probation services as specified in the
28 rules adopted by him or her.
29 4. An approved plan and compliance with standards relating to the
30 administration of probation services promulgated by the [director]
31 commissioner of the division of criminal justice services shall be a
32 prerequisite to eligibility for [reimbursement] state aid. [At the end
33 of each quarter, each county outside the city of New York approved as
34 eligible for reimbursement under this section, and the city of New York
35 if approved as eligible for reimbursement under this section, shall
36 submit to the division, in such form as the director requires, a veri-
37 fied accounting of all expenditures made by the county, or the city of
38 New York, in providing probation services. Such accounting shall desig-
39 nate those items for which reimbursement is claimed, and shall be
40 presented together with a claim for reimbursement.
41 In submitting a claim for reimbursement each] The commissioner of the
42 division of criminal justice services may take into consideration grant-
43 ing additional state aid from an appropriation made for state aid for
44 county probation services for counties or the city of New York when a
45 county or the city of New York demonstrates that additional probation
46 services were dedicated to intensive supervision programs, intensive
47 programs for sex offenders or programs defined as juvenile risk inter-
48 vention services. The administration of such additional grants shall be
49 made according to rules and regulations promulgated by the commissioner
50 of the division of criminal justice services. Each county and the city
51 of New York shall certify the total amount collected pursuant to section
52 two hundred fifty-seven-c of this chapter [during the period for which
53 such reimbursement is claimed]. The [director] commissioner of the divi-
54 sion of criminal justice services shall thereupon certify to the comp-
55 troller for payment by the state out of funds appropriated for that
S. 6606--B 110 A. 9706--C
1 purpose, the amount to which the county or the city of New York shall be
2 entitled under this section.
3 § 11. Intentionally omitted.
4 § 12. This act shall take effect immediately; provided, however, that:
5 (a) sections three, seven and eight of this act shall take effect on
6 the ninetieth day after it shall have become a law; and
7 (b) the amendments to the second undesignated paragraph of subdivision
8 4 of section 246 of the executive law made by section ten of this act
9 shall not affect the expiration and reversion of such undesignated para-
10 graph and shall expire therewith.
11 PART E
12 Section 1. The executive law is amended by adding a new article 30 to
13 read as follows:
14 ARTICLE 30
15 INDIGENT LEGAL SERVICES
16 Section 832. Office of indigent legal services.
17 833. Indigent legal services board.
18 § 832. Office of indigent legal services. 1. There is hereby created
19 within the executive department the office of indigent legal services,
20 hereinafter referred to in this section as the "office". The purpose of
21 such office is to monitor, study and make efforts to improve the quality
22 of services provided pursuant to article eighteen-B of the county law.
23 The office shall report to the indigent legal services board established
24 pursuant to section eight hundred thirty-three of this article,
25 provided, however, that administrative matters of general application
26 within the executive department shall also be applicable to such office.
27 2. (a) Following the initial appointment of the members of the indi-
28 gent legal services board established pursuant to section eight hundred
29 thirty-three of this article, such board shall promptly nominate a full-
30 time director of the office and notify the governor of such nomination.
31 After approval or disapproval of the first nominee as director of the
32 office, or at any time thereafter when a vacancy shall exist or is
33 anticipated in the position of director of the office, the indigent
34 legal services board shall promptly nominate a full-time director of the
35 office, and notify the governor of such nomination. Nothing in this
36 paragraph shall prohibit the board from appointing an interim director
37 if there is a vacancy.
38 (b) The governor, within thirty days after receiving written notice of
39 any nomination of a director made pursuant to paragraph (a) of this
40 subdivision, may approve or disapprove the nomination. If the governor
41 approves such nomination, or fails to act on such nomination within such
42 thirty day period, the nominee shall thereupon commence his or her term
43 as director of the office. If, within such thirty day period, the gover-
44 nor serves upon the chair of such board a written notice disapproving
45 such nomination, the nominee shall not be authorized to serve as direc-
46 tor of the office provided, however, that such board may authorize an
47 interim director appointed pursuant to paragraph (a) of this subdivision
48 to serve or continue to serve as interim director until such time as a
49 director of the office is approved, or not timely disapproved, by the
50 governor. Following any disapproval, the board shall have sixty days to
51 submit another nominee, although such period may be extended, upon
52 request of the board, by the governor. A person appointed as interim
S. 6606--B 111 A. 9706--C
1 director may exercise all of the powers available to the director of
2 such office.
3 (c) The director of the office shall serve full-time and for a term of
4 five years. The director may be removed during this term for good cause
5 shown, after notice and an opportunity to be heard, by a vote of two-
6 thirds or more of the nine members of such board. The person serving as
7 director shall, upon assuming such position, be admitted to practice law
8 and shall have not less than five years professional experience in the
9 area of public defense services, and have a demonstrated commitment to
10 the provision of quality public defense representation and to the commu-
11 nities served by public defense providers.
12 (d) The director shall appoint employees and perform such other func-
13 tions as are appropriate to ensure the efficient operation of the office
14 within the amounts available therefor by appropriation.
15 3. Duties and responsibilities. The office shall, in consultation with
16 the indigent legal services board established pursuant to section eight
17 hundred thirty-three of this article, have the following duties and
18 responsibilities:
19 (a) to examine, evaluate and monitor services provided in each county
20 pursuant to article eighteen-B of the county law;
21 (b) to collect and receive information and data regarding the
22 provision of services pursuant to article eighteen-B of the county law
23 including, but not limited to:
24 (i) the types and combinations of such services being utilized in each
25 county;
26 (ii) the salaries and other compensation paid to individual adminis-
27 trators, attorneys and staff providing such services;
28 (iii) the actual caseloads of attorneys providing such services pursu-
29 ant to article eighteen-B of the county law;
30 (iv) how the caseloads of attorneys providing such services compare
31 with the caseloads of attorneys providing prosecution-related services
32 in each county;
33 (v) the types, nature and timing of dispositions of cases handled by
34 attorneys providing such services and attorneys providing prosecution-
35 related services;
36 (vi) the actual expenditures currently being made in each county on
37 such services and prosecution-related services;
38 (vii) the time, funds and in-kind resources currently being spent on
39 such services and prosecution-related services and the amount being
40 spent on ancillary services such as investigators, support staff, social
41 workers and expert witnesses, including consideration of all funds
42 received for such services from all sources;
43 (viii) the criteria and procedures used to determine whether a person
44 is eligible to receive such services, the number of persons considered
45 for and applicants denied such services, the reasons for the denials,
46 and the results of any review of such denials, including the number of
47 orders issued pursuant to section seven hundred twenty-two-d of the
48 county law; and
49 (ix) the standards and criteria used in programs and by each county to
50 determine whether individual attorneys are qualified to provide indigent
51 legal services, on a case by case basis;
52 (c) to analyze and evaluate the collected data, and undertake any
53 necessary research and studies, in order to consider and recommend meas-
54 ures to enhance the provision of indigent legal services and to ensure
55 that recipients of services provided pursuant to article eighteen-B of
56 the county law are provided with quality representation from fiscally
S. 6606--B 112 A. 9706--C
1 responsible providers, which shall include but not be limited to: estab-
2 lishing criteria and procedures to guide courts in determining whether a
3 person is eligible for such representation; establishing standards,
4 criteria and a process for qualifying and re-qualifying attorneys to
5 provide such services pursuant to article eighteen-B of the county law;
6 (d) to establish standards and criteria for the provision of such
7 services in cases involving a conflict of interest and to assist coun-
8 ties to develop plans consistent with such standards and criteria;
9 (e) to develop recommendations to improve the delivery of such
10 services in a manner that is consistent with the needs of the counties,
11 the efficiency and adequacy of the public defense plan operated in the
12 counties and the quality of representation offered, which may include
13 receiving applications for and distributing grants pursuant to specified
14 criteria;
15 (f) to develop recommendations regarding the distribution and expendi-
16 ture of any monies appropriated for indigent legal services, including
17 but not limited to monies from the indigent legal services fund created
18 pursuant to section ninety-eight-b of the state finance law, for consid-
19 eration by the indigent legal services board established pursuant to
20 section eight hundred thirty-three of this article; and, in making such
21 recommendations, may consider, in addition to measures of performance,
22 the commitment of local resources to such services and the changes ther-
23 eto; the geographic balance of funding among the regions of the state,
24 population, crime rates, poverty rates and individual community needs;
25 (g) to target grants in support of innovative and cost effective
26 solutions that enhance the provision of quality indigent legal services,
27 including collaborative efforts serving multiple counties;
28 (h) to investigate and monitor any other matter related to indigent
29 legal services that the director deems important;
30 (i) to request and receive from any department, division, board,
31 bureau, commission or other agency of the state or any political subdi-
32 vision of the state or any public authority such assistance, information
33 and data, subject to limitations on the disclosure of information
34 provided confidentially to indigent legal service providers, as will
35 enable the office to properly carry out its functions, powers and
36 duties;
37 (j) to establish measures of performance which programs and counties
38 shall regularly report to the office, to assist the office in monitoring
39 the quality of indigent legal services;
40 (k) to apply for and accept any grant or gift for any of the purposes
41 of the office or the indigent legal services board. Any monies so
42 received may be expended by the office to effectuate any such purpose,
43 subject to the same limitations as to approval of expenditures and audit
44 as are prescribed for state monies appropriated for such purposes;
45 (l) to present findings and make recommendations for consideration by
46 the indigent legal services board established pursuant to section eight
47 hundred thirty-three of this article; and
48 (m) to execute decisions of the indigent legal services board estab-
49 lished pursuant to section eight hundred thirty-three of this article,
50 including the distribution of funds.
51 § 833. Indigent legal services board. 1. There is hereby created the
52 indigent legal services board hereinafter referred to in this section as
53 the "board". The purpose of such board shall be to monitor, study and
54 make efforts to improve the quality of services provided pursuant to
55 article eighteen-B of the county law. No active prosecutor, law enforce-
56 ment official or person providing prosecution-related services, or
S. 6606--B 113 A. 9706--C
1 employee of such a prosecutor, official or person, shall be appointed to
2 or serve on such board. The board shall consist of nine members who
3 shall be appointed as follows:
4 (a) one shall be the chief judge of the court of appeals, who shall be
5 the chair of the board;
6 (b) one shall be appointed by the governor on the recommendation of
7 the temporary president of the senate;
8 (c) one shall be appointed by the governor on the recommendation of
9 the speaker of the assembly;
10 (d) one shall be appointed by the governor from a list of at least
11 three attorney nominees submitted by the New York state bar association;
12 (e) two shall be appointed by the governor from a list of at least
13 four nominees submitted by the New York state association of counties;
14 (f) one shall be appointed by the governor and shall be an attorney
15 who has provided public defense services for at least five years;
16 (g) one attorney who shall be appointed by the governor; and
17 (h) one shall be appointed by the governor, from a list of no more
18 than two nominees submitted by the chief administrator of the courts,
19 each of whom shall be a judge or justice, or retired judge or justice,
20 who was elected to the supreme, county or family court, or appointed to
21 the criminal court or family court in the city of New York, and has
22 substantial experience presiding as such a judge or justice in trial
23 matters before such court.
24 2. All members of the board shall be appointed for terms of three
25 years such terms to commence on August first, and expire July thirty-
26 first, provided, however, that the chief judge of the court of appeals
27 shall serve ex officio; and provided further, that the initial term of
28 the member appointed pursuant to paragraph (d), the first of the two
29 members appointed pursuant to paragraph (e) and the member appointed
30 under paragraph (g) of subdivision one of this section shall be for two
31 years. Initial appointments must be made within sixty days of the effec-
32 tive date of this subdivision. Any member chosen to fill a vacancy
33 created otherwise than by expiration of term shall be appointed for the
34 unexpired term of the member whom he or she is to succeed. Vacancies
35 caused by expiration of a term or otherwise shall be filled promptly and
36 in the same manner as original appointments. Any member may be reap-
37 pointed for additional terms.
38 A member of the board shall continue in such position upon the expira-
39 tion of his or her term until such time as he or she is reappointed or
40 his or her successor is appointed, as the case may be.
41 3. Membership on the board shall not constitute the holding of an
42 office, and members of the board shall not be required to take and file
43 oaths of office before serving on the board. The board shall not have
44 the right to exercise any portion of the sovereign power of the state.
45 4. The board shall meet at least four times in each year. The first
46 meeting of the board shall be held within thirty days of the appointment
47 of the full board or within sixty days after the effective date of this
48 subdivision, whichever occurs earlier. Special meetings may be called by
49 the chair and shall be called by the chair upon the request of five
50 members of the board. The board may establish its own procedures with
51 respect to the conduct of its meetings and other affairs; provided,
52 however, that the quorum and majority provisions of section forty-one of
53 the general construction law shall govern all actions taken by the
54 board.
S. 6606--B 114 A. 9706--C
1 5. The members of the board shall receive no compensation for their
2 services but shall be allowed their actual and necessary expenses
3 incurred in the performance of their functions hereunder.
4 6. No member of the board shall be disqualified from holding any
5 public office or employment, nor shall he or she forfeit any such office
6 or employment, by reason of his or her appointment pursuant to this
7 section, notwithstanding the provisions of any other general, special or
8 local law, ordinance or city charter.
9 7. The board shall have the following duties and responsibilities:
10 (a) To evaluate existing indigent legal services programs and deter-
11 mine the type of indigent legal services that should be provided in New
12 York state to best serve the interests of persons receiving such
13 services;
14 (b) To consult with and advise the office of indigent legal services
15 in carrying out the duties and responsibilities of such office;
16 (c) To accept, reject or modify recommendations made by the office of
17 indigent legal services regarding the allocation of funds and the award-
18 ing of grants, including incentive grants, from the indigent legal
19 services fund created pursuant to section ninety-eight-b of the state
20 finance law. When acting on such a recommendation, the board shall set
21 forth the basis for its determination; and
22 (d) To advise and to make an annual report to the governor, legisla-
23 ture and judiciary.
24 § 2. Section 98-b of the state finance law, as added by section 12 of
25 part J of chapter 62 of the laws of 2003, subdivision 3 as amended by
26 section 1 of part H of chapter 56 of the laws of 2004 and paragraph (b)
27 of subdivision 3 as amended by section 1 of part G of chapter 56 of the
28 laws of 2005, is amended to read as follows:
29 § 98-b. Indigent legal services fund. 1. There is hereby established
30 in the joint custody of the comptroller and the commissioner of taxation
31 and finance a special fund to be known as the indigent legal services
32 fund.
33 2. Such fund shall consist of all moneys appropriated for the purpose
34 of such fund, all other moneys required to be paid into or credited to
35 such fund, and all moneys received by the fund or donated to it.
36 [3.] (a) [As provided in this subdivision, moneys received by the
37 indigent legal services fund each calendar year from January first
38 through December thirty-first shall be made available by the state comp-
39 troller in the immediately succeeding calendar year] The purpose of such
40 fund shall be to (i) assist counties and, in the case of a county wholly
41 contained within a city, such city, in providing legal representation
42 for persons who are financially unable to afford counsel pursuant to
43 article eighteen-B of the county law; [and] (ii) assist the state, in
44 improving the quality of public defense services and funding represen-
45 tation provided by assigned counsel paid in accordance with section
46 thirty-five of the judiciary law; and (iii) provide support for the
47 operations, duties, responsibilities and expenses of the office of indi-
48 gent legal services and the indigent legal services board established,
49 respectively, pursuant to sections eight hundred thirty-two and eight
50 hundred thirty-three of the executive law. [Moneys from the fund shall
51 be distributed at the direction of the state comptroller in accordance
52 with the provisions of this subdivision.
53 (b) (i) Commencing on March thirty-first, two thousand five, moneys
54 from such fund shall first be made available, in the calendar year next
55 succeeding the calendar year in which collected, to reimburse the state
56 for payments, made in the previous calendar year, for,]
S. 6606--B 115 A. 9706--C
1 (b) State funds received by a county or city from such fund shall be
2 used to supplement and not supplant any local funds which such county or
3 city would otherwise have had to expend for the provision of counsel and
4 expert, investigative and other services pursuant to article eighteen-B
5 of the county law. All such state funds received by a county or city
6 shall be used to improve the quality of services provided pursuant to
7 article eighteen-B of the county law. Nothing in this paragraph shall
8 preclude a county from decreasing local funds as long as the county
9 demonstrates to the office of indigent legal services established by
10 section eight hundred thirty-two of the executive law that the quality
11 of services has been maintained or enhanced notwithstanding the use of
12 state funds.
13 (c) As used in this section, "local funds" shall mean all funds appro-
14 priated or allocated by a county or, in the case of a county wholly
15 contained within a city, such city, for services and expenses in accord-
16 ance with article eighteen-B of the county law, other than funds
17 received from: (i) the federal government or the state; or (ii) a
18 private source, where such city or county does not have authority or
19 control over the payment of such funds by such private source.
20 3. Amounts distributed from such fund shall be limited to amounts
21 appropriated therefor and shall be distributed as follows:
22 (a) The office of court administration may expend a portion of the
23 funds available in such fund to provide assigned counsel paid in accord-
24 ance with section thirty-five of the judiciary law, up to an annual sum
25 of twenty-five million dollars.
26 [(ii) Commencing with the payment on April first, two thousand five or
27 as soon thereafter as practicable, and subsequent quarterly payments
28 thereafter, moneys from such fund shall be available to reimburse the
29 state for providing funding for legal representation in periods and at
30 rates of compensation in effect after January first, two thousand four
31 in accordance with section thirty-five of the judiciary law, in an
32 amount equal to such funding provided during the preceding quarter, less
33 the amount of funding provided during that quarter in accordance with
34 such section at rates of compensation in effect immediately prior to
35 January first, two thousand four, up to but not exceeding six million
36 two hundred fifty thousand dollars per quarter.
37 (c) The balance of moneys received by such fund shall be distributed
38 by the state comptroller, in the calendar year next succeeding the
39 calendar year in which collected, to counties and, in the case of a
40 county wholly contained within a city, such city, to assist such coun-
41 ties and such city in providing representation pursuant to article eigh-
42 teen-B of the county law. The amount to be made available each year to
43 such counties and such city shall be calculated by the state comptroller
44 as follows:
45 (i) The county executive or chief executive officer of each county or,
46 in the case of a county wholly contained within a city, such city shall,
47 in accordance with subdivision two of section seven hundred twenty-two-f
48 of the county law, certify to the state comptroller, by March first of
49 each year, the total expenditure of local funds by each such county or
50 city, during the period January first through December thirty-first of
51 the previous calendar year, for providing legal representation to
52 persons who were financially unable to afford counsel, pursuant to arti-
53 cle eighteen-B of the county law.
54 (ii) The state comptroller shall then total the amount of local funds
55 expended by all such counties and such city to determine the sum of such
S. 6606--B 116 A. 9706--C
1 moneys expended by all such counties and such city for providing such
2 representation in such calendar year.
3 (iii) The state comptroller shall then calculate the percentage share
4 of the statewide sum of such expenditures for each county and such city
5 for such calendar year.
6 (iv) The state comptroller shall then determine:
7 (A) the fund amount available to be distributed pursuant to this para-
8 graph, which shall be the amount received by the indigent legal services
9 fund in the immediately preceding calendar year, minus the amount to be
10 distributed to the state under paragraph (b) of this subdivision
11 provided, however, that with respect to the first payment made to coun-
12 ties and such city on March thirty-first, two thousand five, such
13 payment shall be made from the amounts received by the indigent legal
14 services fund in the immediately preceding two calendar years, minus the
15 amount to be distributed to the state under paragraph (b) of this subdi-
16 vision; and
17 (B) the annual payment amount to be paid to each county and such city
18 pursuant to this subdivision, which shall be the product of the percent-
19 age share of statewide local funds expended by each such county and
20 city, as determined pursuant to subparagraph (iii) of this paragraph,
21 multiplied by the fund amount available for distribution, as determined
22 pursuant to clause (A) of this subparagraph.
23 (d) All payments from this account shall be made upon vouchers
24 approved and certified and upon audit and warrant of the state comp-
25 troller. The state comptroller shall, as soon as practicable, make such
26 payments to the state and each county and each city in a lump sum
27 payment.
28 4. Maintenance of effort. (a) As used in this section, "local funds"
29 shall mean all funds appropriated or allocated by a county or, in the
30 case of a county wholly contained within a city, such city, for services
31 and expenses in accordance with article eighteen-B of the county law,
32 other than funds received from: (i) the federal government or the state;
33 or (ii) a private source, where such city or county does not have
34 authority or control over the payment of such funds by such private
35 source.
36 (b) State funds received by a county or city pursuant to subdivision
37 three of this section shall be used to supplement and not supplant any
38 local funds which such county or city would otherwise have had to expend
39 for the provision of counsel and expert, investigative and other
40 services pursuant to article eighteen-B of the county law. All such
41 state funds received by a county or city shall be used to improve the
42 quality of services provided pursuant to article eighteen-B of the coun-
43 ty law.
44 (c) Notwithstanding the provisions of any other law, as a precondition
45 for receiving state assistance pursuant to subdivision three of this
46 section, a county or city shall be required pursuant to this paragraph
47 to demonstrate compliance with the maintenance of effort provisions of
48 paragraph (b) of this subdivision. Such compliance shall be shown as a
49 part of the annual report submitted by the county or city in accordance
50 with subdivision two of section seven hundred twenty-two-f of the county
51 law. Such maintenance of effort shall be shown by demonstrating with
52 specificity:
53 (i) that the total amount of local funds expended for services and
54 expenses pursuant to article eighteen-B of the county law during the
55 applicable calendar year reporting period did not decrease from the
56 amount of such local funds expended during the previous calendar year
S. 6606--B 117 A. 9706--C
1 provided, however, that with respect to the report filed in two thousand
2 six regarding calendar year two thousand five, such maintenance of
3 effort shall be shown by demonstrating with specificity that the total
4 amount of local funds expended for services and expenses pursuant to
5 article eighteen-B of the county law during the two thousand five calen-
6 dar year did not decrease from the amount of such local funds expended
7 during calendar year two thousand two; or
8 (ii) where the amount of local funds expended for such services
9 decreased over such period, that all state funds received during the
10 most recent state fiscal year pursuant to subdivision three of this
11 section were used to assure an improvement in the quality of services
12 provided in accordance with article eighteen-B of the county law and
13 have not been used to supplant local funds. For purposes of this subpar-
14 agraph, whether there has been an improvement in the quality of such
15 services shall be determined by considering the expertise, training and
16 resources made available to attorneys, experts and investigators provid-
17 ing such services; the total caseload handled by such attorneys, experts
18 and investigators as such relates to the time expended in each case and
19 the quality of services provided; the system by which attorneys were
20 matched to cases with a degree of complexity suitable to each attorney's
21 training and experience; the provision of timely and confidential access
22 to such attorneys and expert and investigative services; and any other
23 similar factors related to the delivery of quality public defense
24 services.]
25 (b) An annual amount of forty million dollars shall be made available
26 to the city of New York from such fund for the provision of services
27 pursuant to article eighteen-B of the county law; provided that the city
28 of New York shall continue to provide at minimum the aggregate amount of
29 funding for public defense services including, but not limited to, the
30 amount of funding for contractors of public defense services and indi-
31 vidual defense attorneys, that it provided, pursuant to article eigh-
32 teen-B of the county law during its two thousand nine--two thousand ten
33 fiscal year.
34 (c) Within the first fifteen days of March two thousand eleven, each
35 county other than a county wholly contained within the city of New York,
36 shall receive ninety percent of the amount paid to such county in March
37 two thousand ten. Within the first fifteen days of March two thousand
38 twelve, each county other than a county wholly contained within the city
39 of New York shall receive seventy-five percent of the amount paid to
40 such county in March two thousand ten. Within the first fifteen days of
41 March two thousand thirteen, each county other than a county wholly
42 contained within the city of New York shall receive fifty percent of the
43 amount paid to such county in March two thousand ten. Within the first
44 fifteen days of March two thousand fourteen, each county other than a
45 county wholly contained within the city of New York shall receive twen-
46 ty-five percent of the amount paid to such county in March two thousand
47 ten. For all state fiscal years following the two thousand thirteen--
48 two thousand fourteen fiscal year, there shall be no required annual
49 payments pursuant to this paragraph. Notwithstanding the provisions of
50 this paragraph, for each of the four required payments made to counties
51 within the first fifteen days of March two thousand eleven, two thousand
52 twelve, two thousand thirteen and two thousand fourteen, Hamilton and
53 Orleans counties shall receive such percentage payments based on the
54 amounts that each county would have received in March two thousand ten
55 had it satisfied the maintenance of effort requirement set forth in
S. 6606--B 118 A. 9706--C
1 paragraph (c) of subdivision four of this section in effect on such
2 date.
3 (d) Remaining amounts within such fund, after accounting for annual
4 payments required in paragraphs (a), (b) and (c) of this subdivision and
5 subparagraph (iii) of paragraph (a) of subdivision two of this section
6 shall be distributed in accordance with sections eight hundred thirty-
7 two and eight hundred thirty-three of the executive law.
8 § 3. Subdivision 3 of section 722 of the county law, as amended by
9 chapter 682 of the laws of 1977, is amended to read as follows:
10 3. (a) Representation by counsel furnished pursuant to either or both
11 of the following: a plan of a bar association in each county or the city
12 in which a county is wholly contained whereby: (i) the services of
13 private counsel are rotated and coordinated by an administrator, and
14 such administrator may be compensated for such service; or (ii) such
15 representation is provided by an office of conflict defender.
16 (b) Any plan of a bar association must receive the approval of the
17 state administrator before the plan is placed in operation. In the coun-
18 ty of Hamilton, [such] representation pursuant to a plan of a bar asso-
19 ciation in accordance with subparagraph (i) of paragraph (a) of this
20 subdivision may be by counsel furnished by the Fulton county bar associ-
21 ation pursuant to a plan of the Fulton county bar association, following
22 approval of the state administrator. When considering approval of an
23 office of conflict defender pursuant to this section, the state adminis-
24 trator shall employ the guidelines established by the office of indigent
25 legal services pursuant to paragraph (d) of subdivision three of section
26 eight hundred thirty-two of the executive law.
27 (c) Any county operating an office of conflict defender, as described
28 in subparagraph (ii) of paragraph (a) of this subdivision, as of March
29 thirty-first, two thousand ten may continue to utilize the services
30 provided by such office provided that the county submits a plan to the
31 state administrator within one hundred eighty days after the promulga-
32 tion of criteria for the provision of conflict defender services by the
33 office of indigent legal services. The authority to operate such an
34 office pursuant to this paragraph shall expire when the state adminis-
35 trator approves or disapproves such plan. Upon approval, the county is
36 authorized to operate such office in accordance with paragraphs (a) and
37 (b) of this subdivision.
38 § 4. This act shall take effect immediately.
39 PART F
40 Intentionally omitted.
41 PART G
42 Intentionally omitted.
43 PART H
44 Intentionally omitted.
45 PART I
46 Intentionally omitted.
47 PART J
S. 6606--B 119 A. 9706--C
1 Intentionally omitted.
2 PART K
3 Section 1. Paragraph 2 of subdivision (a) of section 1911 of the
4 uniform district court act, as amended by section 33 of part J of chap-
5 ter 62 of the laws of 2003, is amended and two new paragraphs 2-a and 10
6 are added to read as follows:
7 (2) Upon filing the first paper in an action or proceeding, including
8 a special proceeding for the settlement of a claim of an infant or
9 incompetent, forty-five dollars, unless there has been paid a fee of
10 forty-five dollars for the issuance of a summons, order of arrest or
11 attachment, requisition or warrant of seizure, or a notice of petition
12 or order to show cause in lieu thereof in a summary proceeding, as
13 provided for by [subparagraph (1) hereof] paragraph one of this subdivi-
14 sion.
15 (2-a) Upon filing the first paper in an action or proceeding arising
16 out of a consumer credit transaction as defined in subdivision (f) of
17 section one hundred five of the civil practice law and rules, an addi-
18 tional ninety-five dollars.
19 (10) Upon the filing of a judgment by a plaintiff on or after Septem-
20 ber first, two thousand ten in an action or proceeding arising out of a
21 consumer credit transaction as defined in subdivision (f) of section one
22 hundred five of the civil practice law and rules, ninety-five dollars;
23 provided such action or proceeding was commenced prior to such date and
24 no additional fee was paid therein pursuant to paragraph two-a of this
25 subdivision.
26 § 2. Paragraph 1 of subdivision (a) of section 1911 of the uniform
27 city court act, as amended by section 5 of part B of chapter 686 of the
28 laws of 2003, is amended and two new paragraphs 1-a and 12 are added to
29 read as follows:
30 (1) Upon the filing of the first paper in any action or proceeding,
31 forty-five dollars, unless there has already been paid a fee of forty-
32 five dollars as provided for by paragraph [(11) hereof] eleven of this
33 subdivision.
34 (1-a) Upon filing the first paper in an action or proceeding arising
35 out of a consumer credit transaction as defined in subdivision (f) of
36 section one hundred five of the civil practice law and rules, an addi-
37 tion ninety-five dollars.
38 (12) Upon the filing of a judgment by a plaintiff on or after Septem-
39 ber first, two thousand ten in an action or proceeding arising out of a
40 consumer credit transaction as defined in subdivision (f) of section one
41 hundred five of the civil practice law and rules, ninety-five dollars,
42 provided such action or proceeding was commenced prior to such date and
43 no additional fee was paid therein pursuant to paragraph (one-a) of this
44 subdivision.
45 § 3. Subdivision (b) of section 1911 of the New York city civil court
46 act, as amended by section 36 of part J of chapter 62 of the laws of
47 2003, is amended and two new subdivisions (b-1) and (n) are added to
48 read as follows:
49 (b) Upon filing summons with proof of service thereof, or upon filing
50 of the first paper in that county in any action or proceeding, forty-
51 five dollars, unless there has been paid in that county a fee of forty-
52 five dollars pursuant to subdivision (a) [hereof] of this section.
53 (b-1) Upon filing the first paper in an action or proceeding arising
54 out of a consumer credit transaction as defined in subdivision (f) of
S. 6606--B 120 A. 9706--C
1 section one hundred five of the civil practice law and rules, an addi-
2 tional ninety-five dollars.
3 (n) Upon the filing of a judgment by a plaintiff on or after September
4 first, two thousand ten in an action or proceeding arising out of a
5 consumer credit transaction as defined in subdivision (f) of section one
6 hundred five of the civil practice law and rules, ninety-five dollars,
7 provided such action or proceeding was commenced prior to such date and
8 no additional fee was paid therein pursuant to subdivision (b-1) of this
9 section.
10 § 4. Paragraph (e) of subdivision 2 of section 39 of the judiciary
11 law, as amended by section 22 of part J of chapter 62 of the laws of
12 2003, is amended to read as follows:
13 (e) All fees collected pursuant to sections eighteen hundred three,
14 eighteen hundred three-A and nineteen hundred eleven of the New York
15 city civil court act, all fees collected pursuant to state law by the
16 county clerks in the city of New York, except as otherwise provided
17 herein with respect to fees collected pursuant to subdivision (a) of
18 section eight thousand eighteen of the civil practice law and rules and
19 except those fees collected by the clerk of Richmond county which in the
20 other counties of the city of New York are collected by the city regis-
21 ters, all fees collected pursuant to section eight thousand eighteen of
22 the civil practice law and rules except only to the extent of one
23 hundred sixty-five dollars of any fee collected pursuant to subparagraph
24 (i) of paragraph one of subdivision (a) of such section and except for
25 those collected pursuant to subparagraph (ii) of paragraph one of para-
26 graph three of such subdivision (a), all fees collected pursuant to
27 section eight thousand twenty of the civil practice law and rules except
28 for those collected pursuant to subdivisions (f), (g) and (h) of said
29 section, all fees collected pursuant to section eight thousand twenty-
30 two of the civil practice law and rules, all fees collected pursuant to
31 section twenty-four hundred two of the surrogate's court procedure act,
32 all fees collected pursuant to section eighteen hundred three, eighteen
33 hundred three-A and subdivision (a) of section nineteen hundred eleven
34 of the uniform district court act, all fees collected pursuant to
35 section eighteen hundred three, eighteen hundred three-A and subdivision
36 (a) of section nineteen hundred eleven of the uniform city court act and
37 all fines, penalties and forfeitures collected pursuant to subdivision
38 eight of section eighteen hundred three of the vehicle and traffic law,
39 except such fines, penalties and forfeitures collected by the Nassau
40 county traffic and parking violations agency, section 71-0211 of the
41 environmental conservation law, section two hundred one of the naviga-
42 tion law and subdivision one of section 27.13 of the parks, recreation
43 and historic preservation law shall be paid to the state commissioner of
44 taxation and finance on a monthly basis no later than ten days after the
45 last day of each month. The additional fee of five dollars collected by
46 county clerks in New York city pursuant to paragraph three of subdivi-
47 sion (a) of section eight thousand eighteen of the civil practice law
48 and rules shall be distributed monthly by the county clerks as follows:
49 four dollars and seventy-five cents to the commissioner of education for
50 deposit into the local government records management improvement funds;
51 and twenty-five cents to the city of New York.
52 § 5. Paragraph 1 of subdivision (a) of section 8018 of the civil prac-
53 tice law and rules, as amended by section 23 of part J of chapter 62 of
54 the laws of 2003, is amended to read as follows:
55 1. A county clerk is entitled, for the assignment of an index number
56 to an action pending in a court of which he or she is clerk, to a fee
S. 6606--B 121 A. 9706--C
1 of: (i) one hundred ninety dollars[, payable in advance]; and (ii) in an
2 action to foreclose pursuant to article thirteen of the real property
3 actions and proceedings law, such clerk is entitled to collect an addi-
4 tional fee of one hundred ninety dollars. Such fees are payable in
5 advance.
6 § 6. Subdivision 1 of section 465 of the judiciary law, as amended by
7 chapter 166 of the laws of 1991, is amended to read as follows:
8 1. Every person applying for examination for admission to practice as
9 an attorney and [counsellor] counselor at law shall pay a fee of two
10 hundred fifty dollars, or seven hundred fifty dollars if, to qualify to
11 take the bar examination, the person must satisfy the rules of the court
12 of appeals for the admission of attorneys and counselors at law govern-
13 ing the study of law in a foreign country, for each taking or retaking
14 of the examination, or if dispensation has been received from the taking
15 of the examination, four hundred dollars for credential review for
16 admission on motion. All such fees shall be paid into the state treasury
17 in the manner provided by section one hundred twenty-one of the state
18 finance law.
19 § 7. Section 14 of part J of chapter 62 of the laws of 2003 amending
20 the county law and other laws relating to fees collected, as amended by
21 section 1 of part CC of chapter 56 of the laws of 2008, is amended to
22 read as follows:
23 § 14. Notwithstanding the provisions of any other law: (a) the fee
24 collected by the office of court administration for the provision of
25 criminal history searches and other searches for data kept electron-
26 ically by the unified court system shall be [fifty-five] sixty-five
27 dollars; (b) [twenty-seven] thirty-five dollars of each such fee
28 collected shall be deposited in the indigent legal services fund estab-
29 lished by section 98-b of the state finance law, as added by section
30 twelve of this act, (c) nine dollars of each such fee collected shall be
31 deposited in the legal services assistance fund established by section
32 98-c of the state finance law, as added by section nineteen of this act,
33 (d) sixteen dollars of each such fee collected shall be deposited to the
34 judiciary data processing offset fund established by section 94-b of the
35 state finance law, and (e) the remainder shall be deposited in the
36 general fund.
37 § 8. Notwithstanding any other provision of law, the monies collected
38 from the imposition of fees charged pursuant to paragraphs (2-a) and
39 (10) of subdivision (a) of section 1911 of the uniform district court
40 act, paragraphs (1-a) and (12) of subdivision (a) of section 1911 of the
41 uniform city court act, and subdivisions (b-1) and (n) of the New York
42 city civil court act shall be deposited to the credit of the general
43 fund.
44 § 9. Subdivision 4 of section 468-a of the judiciary law, as amended
45 by section 17 of part J of chapter 62 of the laws of 2003, is amended to
46 read as follows:
47 4. The biennial registration fee shall be three hundred [fifty] seven-
48 ty-five dollars, sixty dollars of which shall be allocated to and be
49 deposited in a fund established pursuant to the provisions of section
50 ninety-seven-t of the state finance law, fifty dollars of which shall be
51 allocated to and shall be deposited in a fund established pursuant to
52 the provisions of section ninety-eight-b of the state finance law, twen-
53 ty-five dollars of which shall be allocated to be deposited in a fund
54 established pursuant to the provisions of section ninety-eight-c of the
55 state finance law, and the remainder of which shall be deposited in the
56 attorney licensing fund. Such fee shall be required of every attorney
S. 6606--B 122 A. 9706--C
1 who is admitted and licensed to practice law in this state, whether or
2 not the attorney is engaged in the practice of law in this state or
3 elsewhere, except attorneys who certify to the chief administrator of
4 the courts that they have retired from the practice of law.
5 § 10. This act shall take effect July 1, 2010; provided that sections
6 one, two, three, four, five, eight and nine of this act shall take
7 effect September 1, 2010.
8 PART L
9 Section 1. Subdivision 1 of section 106 of the uniform justice court
10 act, as amended by chapter 499 of the laws of 1977, is amended to read
11 as follows:
12 1. A justice may hold court anywhere in the municipality including in
13 the case of a town justice anywhere within a village wholly or partly
14 contained within the town of which he is a justice regardless of whether
15 or not said village has a village court and in the event two or more
16 contiguous villages maintain offices in the same building, a village
17 justice of any such village may hold court in such building, notwith-
18 standing that the building is outside the boundaries of such village. A
19 town justice may hold court in an adjacent town providing such justice
20 has been elected or holds office pursuant to a plan established by
21 resolution which was adopted pursuant to the provisions of section one
22 hundred six-a of this [chapter] article or the provisions of section one
23 hundred six-b of this article. A justice may hold court in one or more
24 municipalities that form a contiguous geographic area, including in a
25 town and one or more villages each of which is wholly or partly
26 contained within such town, within the same county providing there is an
27 agreement between such municipalities pursuant to article five-g of the
28 general municipal law to hold all court proceedings in any of the such
29 municipalities in a courtroom or other suitable facility open to the
30 public.
31 § 2. Subdivision 1 of section 106-a of the uniform justice court act,
32 as amended by chapter 237 of the laws of 2007, is amended to read as
33 follows:
34 1. The town boards of two or more towns that form a contiguous
35 geographic area within the same county are hereby authorized to estab-
36 lish a single town court to be comprised of town justices to be elected
37 from each of such towns in the same manner and for the same terms as
38 town justices are so elected except that [such terms shall not expire
39 during the same year] the number of such terms expiring in any one year
40 may not exceed by more than one the number of terms expiring in any
41 other year in which terms expire. The procedure to establish such
42 single court may be initiated by the town board or may be initiated by
43 petition. In the event the procedure is initiated by petition, the peti-
44 tion shall be addressed to each town board and shall be signed by at
45 least twenty percent of the registered voters in such towns.
46 § 3. Subdivision 3 of section 106-a of the uniform justice court act,
47 as amended by chapter 237 of the laws of 2007, is amended to read as
48 follows:
49 3. Such petition shall be filed in the office of the town clerk of one
50 of such towns and a certified copy shall be filed in the office of the
51 town clerk of the other town or towns.
52 § 4. Subdivision 8 of section 106-a of the uniform justice court act,
53 as amended by chapter 237 of the laws of 2007, is amended to read as
54 follows:
S. 6606--B 123 A. 9706--C
1 8. In the event that each respective town board approves such resol-
2 ution or petition, such boards shall prepare a joint resolution which
3 shall provide that the office of one justice in each town shall be abol-
4 ished and that the remaining justice in each town shall have jurisdic-
5 tion in each town to the same extent as if each such justice was elected
6 in each town. Such joint resolution shall provide for the election of at
7 least one town justice every two years but in no case shall the number
8 of terms expiring in any one year exceed by more than one the number of
9 terms expiring in any other year in which terms expire, and shall iden-
10 tify each justice whose office shall be abolished, and shall identify
11 each justice whose office shall be continued [to so provide for the
12 election of one justice every two years].
13 § 5. Subdivision 9 of section 106-a of the uniform justice court act,
14 as amended by chapter 237 of the laws of 2007, is amended to read as
15 follows:
16 9. In the event no agreement can be reached as to which offices shall
17 be abolished, the [office] offices to be [first] abolished by such
18 resolution shall be chosen from each of the offices of town justice by
19 lot. [In the event it is determined by lot that the office of justice to
20 be first abolished is an office, the term of which will expire in more
21 than two years, such office shall be abolished as provided in such
22 resolution. The office of town justice that shall also then be abolished
23 in the other town shall be that office which would have expired in less
24 than two years. In the event it is determined by lot that the office of
25 town justice to be abolished is an office, the term of which will expire
26 in less than two years, such office shall be abolished as provided in
27 such resolution. The office of town justice that shall also be abol-
28 ished in any town shall be that office which would have expired in more
29 than two years] However in no case shall an office be chosen by lot to
30 be abolished that would cause the remaining offices to violate the
31 requirements of subdivision eight of this section.
32 § 6. Subdivision 11 of section 106-a of the uniform justice court act,
33 as added by chapter 499 of the laws of 1977, is amended to read as
34 follows:
35 11. If such resolution is approved by a majority of the qualified
36 persons voting thereon in each town such resolution shall be deemed to
37 be adopted and the plan to establish a single town court shall be imple-
38 mented in the manner provided in such resolution. If such resolution is
39 disapproved by a majority of the qualified persons voting thereon in one
40 [town] or [in both] more towns, such resolution shall be defeated and no
41 further action shall be taken to implement such plan.
42 § 7. Subdivision 12 of section 106-a of the uniform justice court act,
43 as added by chapter 499 of the laws of 1977, is amended to read as
44 follows:
45 12. Any town justice continuing in office pursuant to such plan and
46 any town justice hereafter elected pursuant to the plan established in
47 such resolution shall have jurisdiction in each [adjacent] town in the
48 contiguous geographic area to the same extent and effect as if such town
49 justice were elected in each such town.
50 § 8. This act shall take effect April 1, 2010.
51 PART M
52 Intentionally omitted.
53 PART N
S. 6606--B 124 A. 9706--C
1 Section 1. Section 2431 of the public authorities law is amended by
2 adding a new closing paragraph to read as follows:
3 It is further declared to be in the public interest and it is the
4 policy of the state to provide a means by which state and local first-
5 responder public safety agencies can establish regional communications
6 capabilities, intended to serve as a part of a statewide interoperable
7 network, and to do so by authorizing a state instrumentality to borrow
8 money and use the proceeds to purchase obligations issued by a munici-
9 pality to fund these communications capabilities, thereby resulting in
10 savings for taxpayers.
11 § 2. Subdivisions 2, 3 and 10 of section 2432 of the public authori-
12 ties law, as amended by section 2 of part E of chapter 494 of the laws
13 of 2009, are amended, subdivisions 25 and 26 are renumbered subdivisions
14 26 and 27 and two new subdivisions 25 and 28 are added to read as
15 follows:
16 (2) "Bonds" and "Notes". The bonds and notes, including any special
17 program bonds, special school purpose bonds, [and] recovery act bonds,
18 and public safety communications bonds respectively issued by the agency
19 pursuant to this title. Bonds and notes shall not include any tax lien
20 collateralized securities issued pursuant to this title.
21 (3) "Municipal Bond". A bond or note or evidence of debt payable from
22 any local revenues, including taxes, assessments and rents, which a
23 municipality may lawfully issue to finance local improvements and public
24 purposes, including local ARRA bonds and local public safety communi-
25 cations bonds, but does not include (a) any bond or note or evidence of
26 debt issued by any other state or any public body or municipal corpo-
27 ration thereof, (b) any special program agreement, or (c) any special
28 school purpose agreement or any special school deficit program agree-
29 ment.
30 (10) "Debt Service Reserve Fund Requirement". With respect to any debt
31 service reserve fund created by section twenty-four hundred thirty-nine
32 of this title relating to bonds other than special program bonds or
33 special school purpose bonds or special school deficit program bonds or
34 recovery act bonds or public safety communications bonds, as of any
35 particular date of computation, an amount of money equal to the greatest
36 of the respective amounts, for the then current or any succeeding calen-
37 dar year, of annual debt service payments required to be made to the
38 agency on all municipal bonds purchased with the proceeds of bonds which
39 bonds are secured by such debt service reserve fund, such annual debt
40 service payments for any calendar year being an amount of money equal to
41 the aggregate of (a) all interest payable during such calendar year on
42 all municipal bonds purchased by the agency and then outstanding on said
43 date of computation which are secured by such debt service reserve fund,
44 plus (b) the principal amount of all municipal bonds purchased by the
45 agency and then outstanding on said date of computation which mature
46 during such calendar year and are secured by such debt service reserve
47 fund; and with respect to any debt service reserve fund created by
48 section twenty-four hundred thirty-nine of this title relating to an
49 issue or issues of special program bonds or special school purpose bonds
50 or special school deficit program bonds or recovery act bonds or public
51 safety communications bonds, such amount as shall be determined by the
52 agency.
53 (25) "Public safety communications bonds". Bonds of the agency, all or
54 a portion of the proceeds of which are used to purchase a local public
55 safety communication bond. The amount of such bonds issued by the agen-
56 cy shall not exceed one billion dollars.
S. 6606--B 125 A. 9706--C
1 (28) "Local public safety communications bonds". A municipal bond
2 issued to finance or fund all or a portion of the costs of building
3 regional, interoperable public communications networks for statewide use
4 by first-responder agencies in the state, including equipment and inci-
5 dental costs. Local public safety communication bonds may also be
6 issued to refinance outstanding bonds issued by municipalities for the
7 purposes described herein provided that present value savings are real-
8 ized from such a refunding.
9 § 3. Section 2434 of the public authorities law is amended by adding a
10 new subdivision 7-c to read as follows:
11 (7-c) To acquire and contract to acquire, and to enter into arrange-
12 ments with a municipality for the purchase of its local public safety
13 communications bonds.
14 § 4. Subdivision 1 of section 2435 of the public authorities law, as
15 amended by section 4 of part E of chapter 494 of the laws of 2009, is
16 amended to read as follows:
17 1. The agency may purchase, and contract to purchase, municipal bonds
18 from municipalities at such price or prices, upon such terms and condi-
19 tions and in such manner, not inconsistent with the provisions of the
20 local finance law, as the agency shall deem advisable; provided, howev-
21 er, that the average interest rate payable on all municipal bonds (taken
22 as a group) purchased with the proceeds of an issue of bonds shall equal
23 or exceed the interest rate on such issue of bonds. The agency shall not
24 purchase the municipal bonds of any municipality if (i) the aggregate
25 principal amount thereof, together with the aggregate principal balances
26 of the municipal bonds of such municipality then outstanding and held by
27 the agency, exceed an amount equal to ten percent of the aggregate prin-
28 cipal amount of the statutory authorization at the time for the issuance
29 of bonds and notes, as provided in section twenty-four hundred thirty-
30 eight of this title, and (ii) the aggregate principal amount thereof
31 exceeds an amount equal to fifty percent of the aggregate principal
32 amount of all municipal bonds proposed to be so purchased at the time;
33 provided, however, that this sentence shall not apply to local ARRA
34 bonds or local public safety communications bonds.
35 § 5. The public authorities law is amended by adding a new section
36 2436-c to read as follows:
37 § 2436-c. Local public safety communications bonds. (1) The agency may
38 purchase local public safety communications bonds using the proceeds of
39 public safety communication bonds, subject to the provisions of this
40 section and to any other provision of law applicable to the municipality
41 and bonds it issues, including any debt limitation applicable to the
42 municipality that issued the local public safety communications bond, as
43 well as to the other provisions of this title. To the extent that any
44 such other provision of law conflicts with a provision of this section,
45 the provision of this section shall control, except as otherwise stated.
46 (2) Local public safety communications bonds shall be payable from
47 funds provided by a municipality for payment thereof as well as any
48 monies available from special public safety communications agreements.
49 (3) The agency's public safety communications bonds secured by
50 payments of principal and interest due with respect to local public
51 safety communications bonds shall not be a debt of either the state or
52 any municipality, and neither the state nor any municipality shall be
53 liable thereon, nor shall they be payable out of any funds other than
54 those of the agency; and such local public safety communications bonds
55 shall contain on the face thereof a statement to such effect.
S. 6606--B 126 A. 9706--C
1 (4) Subject to the provisions of any contract with holders of bonds,
2 notes or other obligations, proceeds of public safety communications
3 bonds to be paid to a municipality to purchase its local public safety
4 communications bonds shall be paid to the municipality and shall not be
5 commingled with any other money of the agency.
6 (5) Nothing contained in this title shall be construed to create a
7 debt of the state within the meaning of any constitutional or statutory
8 provisions.
9 (6) (a) A municipality may covenant and agree that the municipality
10 will not limit, alter or impair the rights hereby vested in the agency
11 to fulfill the terms of any agreements made with holders of the agency's
12 public safety communications bonds, the proceeds of which were used to
13 purchase the municipality's local public safety communications bonds, or
14 in any way impair the rights and remedies of such holders or the securi-
15 ty for such bonds, until such bonds, together with the interest thereon
16 and all costs and expenses in connection with any action or proceeding
17 by or on behalf of such holders, are fully paid and discharged.
18 (b) Any such agreement with a municipality may be pledged by the agen-
19 cy to secure its public safety communications bonds used to purchase
20 local public safety communications bonds issued by that municipality and
21 may not be modified thereafter except as provided by the terms of the
22 pledge or subsequent agreements with the holders of such public safety
23 communications bonds.
24 § 6. Subdivision 5 of section 2437 of the public authorities law, as
25 amended by section 6 of part E of chapter 494 of the laws of 2009, is
26 amended to read as follows:
27 (5) Any bonds or notes of the agency other than special program bonds,
28 special school purpose bonds, special school deficit program bonds [or],
29 recovery act bonds or public safety communications bonds shall be sold
30 at public sale and from time to time upon such terms and at such prices
31 as may be determined by the agency, and the agency may pay all expenses,
32 premiums and commissions which it may deem necessary or advantageous in
33 connection with the issuance and sale thereof. Any special program
34 bonds, special school purpose bonds, special school deficit program
35 bonds [or], recovery act bonds or public safety communications bonds
36 shall be sold at public or private sale and from time to time upon such
37 terms and at such prices as may be determined by the agency, and the
38 agency may pay all expenses, premiums and commissions which it may deem
39 necessary or advantageous in connection with the issuance and sale ther-
40 eof provided, however, that special program bonds relating to a special
41 program agreement entered for the purpose described in paragraph (b) of
42 subdivision one of section twenty-four hundred thirty-five-a of this
43 title shall be sold on or before June thirtieth, two thousand one. No
44 special program bonds, special school purpose bonds, special school
45 deficit program bonds, or recovery act bonds, or public safety communi-
46 cations bonds of the agency may be sold by the agency at private sale,
47 however, unless such sale and the terms thereof have been approved in
48 writing by (a) the comptroller, where such sale is not to the comp-
49 troller, or (b) the director of the budget, where such sale is to the
50 comptroller.
51 § 7. Subdivision 1 of section 2438 of the public authorities law, as
52 amended by section 7 of part E of chapter 494 of the laws of 2009, is
53 amended to read as follows:
54 (1) The agency shall not issue bonds and notes in an aggregate princi-
55 pal amount at any one time outstanding exceeding one billion dollars,
56 excluding tax lien collateralized securities, special school purpose
S. 6606--B 127 A. 9706--C
1 bonds, special school deficit program bonds, special program bonds
2 issued to finance the reconstruction, rehabilitation or renovation of an
3 educational facility pursuant to the provisions of subdivision (b) of
4 section sixteen of chapter six hundred five of the laws of two thousand,
5 special program bonds issued to finance the cost of a project for
6 design, reconstruction or rehabilitation of a school building pursuant
7 to the provisions of section fourteen of the city of Syracuse and the
8 board of education of the city school district of the city of Syracuse
9 cooperative school reconstruction act, recovery act bonds, public safety
10 communications bonds and bonds and notes issued to refund outstanding
11 bonds and notes.
12 § 8. This act shall take effect immediately.
13 PART O
14 Section 1. Subdivision 5 of section 205 of the civil service law is
15 amended by adding a new paragraph (m) to read as follows:
16 (m) To administer the provisions of article twenty of the labor law to
17 the extent provided for in such article, and to serve all the functions
18 of the board as defined in section seven hundred one of the labor law,
19 including to make, amend and rescind such rules and regulations as may
20 be necessary to carry out the provisions of such article.
21 § 2. Subdivisions 1, 2, 3 and 4 of section 205 of the civil service
22 law, subdivision 1 as amended by chapter 391 of the laws of 1969, subdi-
23 vision 2 as added by chapter 392 of the laws of 1967, subdivision 3 as
24 amended by chapter 307 of the laws of 1979 and subdivision 4 as amended
25 by chapter 503 of the laws of 1971, are amended to read as follows:
26 1. There is hereby created in the [state] department [of civil
27 service] a board, to be known as the public employment relations board,
28 which shall consist of three members appointed by the governor, by and
29 with the advice and consent of the senate from persons representative of
30 the public. Not more than two members of the board shall be members of
31 the same political party. Each member shall be appointed for a term of
32 six years, except that of the members first appointed, one shall be
33 appointed for a term to expire on May thirty-first, nineteen hundred
34 sixty-nine, one for a term to expire on May thirty-first, nineteen
35 hundred seventy-one, and one for a term to expire on May thirty-first,
36 nineteen hundred seventy-three. The governor shall designate one member
37 who shall serve as [chairman] chairperson of the board until the expira-
38 tion of his or her term. A member appointed to fill a vacancy shall be
39 appointed for the unexpired term of the member whom he or she is to
40 succeed.
41 2. Members of the board shall hold no other public office or public
42 employment in the state. The [chairman] chairperson shall give his or
43 her whole time to his or her duties.
44 3. Members of the board other than the [chairman] chairperson shall,
45 when performing the work of the board, be compensated at the rate of two
46 hundred [and] fifty dollars per day, together with an allowance for
47 actual and necessary expenses incurred in the discharge of their duties
48 hereunder. The [chairman] chairperson shall receive an annual salary to
49 be fixed within the amount available therefor by appropriation, in addi-
50 tion to an allowance for expenses actually and necessarily incurred by
51 him or her in the performance of his or her duties.
52 4. (a) The chairperson of the board may appoint an executive director
53 and such other persons, including but not limited to attorneys, media-
54 tors, members of fact-finding boards and representatives of employee
S. 6606--B 128 A. 9706--C
1 organizations and public employers to serve as technical advisers to
2 such fact-finding boards, as it may from time to time deem necessary for
3 the performance of its functions, prescribe their duties, fix their
4 compensation and provide for reimbursement of their expenses within the
5 amounts made available therefor by appropriation. Attorneys appointed
6 under this section may, at the direction of the chairperson of the
7 board, appear for and represent the board in any case in court.
8 (b) No member of the board or its appointees pursuant to this subdivi-
9 sion, including without limitation any mediator or fact-finder employed
10 or retained by the board, shall, except as required by this article, be
11 compelled to nor shall he or she voluntarily disclose to any administra-
12 tive or judicial tribunal or at the legislative hearing, held pursuant
13 to subparagraph (iii) of paragraph (e) of subdivision three of section
14 two hundred nine of this article, any information relating to the resol-
15 ution of a particular dispute in the course of collective negotiations
16 acquired in the course of his or her official activities under this
17 article, nor shall any reports, minutes, written communications, or
18 other documents pertaining to such information and acquired in the
19 course of his or her official activities under this article be subject
20 to subpoena or voluntarily disclosed; except that where the information
21 so required indicates that the person appearing or who has appeared
22 before the board has been the victim of, or otherwise involved in, a
23 crime, other than a criminal contempt in a case involving or growing out
24 of a violation of this article, said members of the board and its
25 appointees may be required to testify fully in relation thereto upon any
26 examination, trial, or other proceeding in which the commission of such
27 crime is the subject of inquiry.
28 § 3. Subdivision 9 of section 701 of the labor law, as amended by
29 chapter 166 of the laws of 1991, is amended to read as follows:
30 9. The term "board" means the public employment relations board
31 created by section [seven hundred two of this article] two hundred five
32 of the civil service law, in carrying out its functions under this arti-
33 cle.
34 § 4. Section 702 of the labor law is REPEALED, and a new section 702
35 is added to read as follows:
36 § 702. Special mediators. The board may, when necessary, appoint or
37 designate special mediators who shall have the authority and power of
38 members of the board with regard to such matter, provided that their
39 authority and power to act for the board shall cease upon the conclusion
40 of the specific matter so assigned to them or by revocation by the board
41 of their appointment or designation. Such special mediators shall, when
42 performing the work of the board as aforesaid, be compensated at a rate
43 to be determined by the board subject to the approval of the director of
44 the budget, together with an allowance for actual and necessary expenses
45 incurred in the discharge of their duties hereunder.
46 § 5. Subdivisions 3 and 4 of section 707 of the labor law, subdivision
47 3 as amended by chapter 210 of the laws of 1942 and subdivision 4 as
48 amended by chapter 676 of the laws of 1963, are amended to read as
49 follows:
50 3. The jurisdiction of the supreme court shall be exclusive and its
51 judgment and decree shall be final, except that appeals shall lie to the
52 appellate division of said court and to the court of appeals, in the
53 manner and subject to the limitations provided in the civil practice
54 [act] law and rules irrespective of the nature of the decree or judgment
55 or the amount involved.
S. 6606--B 129 A. 9706--C
1 4. Any person aggrieved by a final order of the board granting or
2 denying in whole or in part the relief sought may obtain a review of
3 such order in the supreme court of the county where the unfair labor
4 practice in question was alleged to have been engaged in or wherein such
5 person resides or transacts business by filing in such court a written
6 petition praying that the order of the board be modified or set aside,
7 or if such court be on vacation or in recess, then to the supreme court
8 of any county adjoining the county wherein the unfair labor practice in
9 question occurred or wherein any such person resides or [tranacts] tran-
10 sacts business. A copy of such petition shall be forthwith served upon
11 the board, and thereupon the aggrieved party shall file in the court a
12 transcript of the entire record in the proceeding, certified by the
13 board, including the pleading and testimony and order of the board. Upon
14 such filing, the court shall proceed in the same manner as in the case
15 of an application by the board under subdivision one of this section,
16 and shall have the same exclusive jurisdiction to grant to the board
17 such temporary relief or restraining order as it deems just and proper,
18 and in like manner to make and enter a decree enforcing, modifying and
19 enforcing as so modified, or setting aside in whole or in part the order
20 of the board; and the findings of the board as to the facts shall in
21 like manner be conclusive.
22 § 6. Subdivision 1 of section 708 of the labor law, as added by chap-
23 ter 443 of the laws of 1937, is amended to read as follows:
24 1. The board, or its duly authorized agents or agencies, shall at all
25 reasonable times have access to, for the purposes of examination, and
26 the right to examine, copy or photograph any evidence, including
27 payrolls or lists of employees, of any person being investigated or
28 proceeded against that relates to any matter under investigation or in
29 question. [Any member of the] The board shall have power to issue
30 subpoenas requiring the attendance and testimony of witnesses and the
31 production of any evidence that relates to any matter under investi-
32 gation or in question before the board, its member, agent, or agency,
33 conducting the hearing or investigation. Any member of the board, or any
34 agent or agency designated by the board for such purposes, may adminis-
35 ter oaths and affirmations, examine witnesses, and receive evidence.
36 § 7. Section 710 of the labor law, as added by chapter 443 of the laws
37 of 1937, is amended to read as follows:
38 § 710. Public records and proceedings. Subject to rules and regu-
39 lations to be made by the board consistent with article six of the
40 public officers law, the complaints, orders and testimony relating to a
41 proceeding instituted by the board under section seven hundred six of
42 this article may be made public records and be made available for
43 inspection or copying. All proceedings pursuant to section seven hundred
44 [and] six of this article shall be open to the public.
45 § 8. Section 717 of the labor law, as added by chapter 166 of the laws
46 of 1991, is amended to read as follows:
47 § 717. State mediation board [and], state labor relations board, and
48 state employment relations board abolished. The state mediation board
49 created by chapter five hundred sixty-nine of the laws of nineteen
50 hundred sixty-eight [and], the New York state labor relations board
51 created by chapter four hundred forty-three of the laws of nineteen
52 hundred thirty-seven, and the state employment relations board created
53 by chapter one hundred sixty-six of the laws of nineteen hundred nine-
54 ty-one are hereby abolished. All the functions, powers and duties of
55 such boards are hereby assigned to and shall hereafter be exercised and
56 performed by and through the board. Any controversy, proceeding or other
S. 6606--B 130 A. 9706--C
1 matter pending before the New York state board of mediation [or], the
2 state labor relations board or the state employment relations board at
3 the time this section takes effect, may be conducted and completed by
4 the board and for such purposes the board shall be deemed to be a
5 continuation of the functions, powers and duties of the New York state
6 board of mediation [or], the state labor relations board or the state
7 employment relations board, respectively, and not a new entity. Upon the
8 transfer of functions to the board pursuant to this section, all appro-
9 priations and reappropriations heretofore or hereafter made to the
10 department of labor relating to the state board of mediation or the
11 state labor relations board or segregated pursuant to law, to the extent
12 of remaining unexpended or unencumbered balances thereof, whether allo-
13 cated or unallocated and whether obligated or unobligated are hereby
14 made available for use and expenditure by the board for the same
15 purposes for which originally appropriated or reappropriated. Whenever
16 the state board of mediation or the state labor relations board or the
17 chairman of the state board of mediation or of the state labor relations
18 board or the state employment relations board is referred to or desig-
19 nated in any general, special or local law or in any rule, regulation,
20 contract or other document, such reference or designation shall be
21 deemed to refer to the board and the chairman thereof, respectively.
22 § 9. Subdivisions (a) and (b) of section 12 of the executive law, as
23 added by section 2 of part B of chapter 383 of the laws of 2001, are
24 amended to read as follows:
25 (a) Notwithstanding any other law, the state, through the governor,
26 may execute a tribal-state compact with the Seneca Nation of Indians
27 pursuant to the Indian Gaming Regulatory Act of 1988 (P.L. 100-497; 25
28 U.S.C. [§§]§§ 2701-2721 and 18 U.S.C. [§§]§§ 1166-1168) consistent with
29 a memorandum of understanding between the governor and the president of
30 the Seneca Nation of Indians executed on June twentieth, two thousand
31 one and filed with the department of state on June twenty-first, two
32 thousand one. Such tribal-state compact shall be deemed ratified by the
33 legislature upon the governor's certification to the temporary president
34 of the senate, the speaker of the assembly, and the secretary of state,
35 that such compact, through its terms, by a memorandum of understanding
36 or other agreement between the state and Nation, by a Nation's ordinance
37 or resolution, by statute, by executive order, or by the terms of any
38 other agreement entered into by or on behalf of the Nation, provides:
39 (i) assurances that the Nation will provide (1) reasonable access to the
40 gaming and related facilities to labor union organizers for purposes of
41 a campaign to solicit employee support for labor union representation;
42 (2) permission for labor union organizers to distribute labor union
43 authorization cards on site for the purpose of soliciting employee
44 support for labor union representation; and (3) recognition of labor
45 unions as the exclusive collective bargaining representatives of employ-
46 ees in appropriate bargaining units based upon a demonstration of major-
47 ity employee support of such labor unions by union authorization card
48 check as verified, if necessary, by an independent arbitrator appointed
49 by the [State] Public Employment Relations Board in consultation with
50 the Nation and the labor union; (ii) assurances that the Nation has an
51 adequate civil recovery system which guarantees fundamental due process
52 to visitors and guests of the facility and related facilities; and (iii)
53 assurances that the Nation will maintain during the term of the compact
54 sufficient liability insurance to assure that visitors and guests will
55 be compensated for their injuries.
S. 6606--B 131 A. 9706--C
1 (b) Notwithstanding any other law, the state, through the governor,
2 may execute tribal-state compacts pursuant to the Indian Gaming Regula-
3 tory Act of 1988 (P.L. 100-497; 25 U.S.C. [§§]§§ 2701-2721 and 18 U.S.C.
4 [§§]§§ 1166-1168) authorizing up to three Class III gaming facilities in
5 the counties of Sullivan and Ulster. Such tribal-state compact shall be
6 deemed ratified by the legislature upon the governor's certification to
7 the temporary president of the senate, the speaker of the assembly and
8 the secretary of state, that such compact, through its terms, by a memo-
9 randum of understanding or other agreement between the state and Nation,
10 by a Nation's ordinance or resolution, by statute, by executive order,
11 or by the terms of any other agreement entered into by or on behalf of
12 the Nation, provides: (i) assurances that the Nation will provide (1)
13 reasonable access to the gaming and related facilities to labor union
14 organizers for purposes of a campaign to solicit employee support for
15 labor union representation; (2) permission for labor union organizers to
16 distribute labor union authorization cards on site for the purpose of
17 soliciting employee support for labor union representation; (3)
18 provision of employees' names and addresses to labor union represen-
19 tatives and tribal/employer/management neutrality in labor union organ-
20 izing campaigns; (4) recognition of labor unions as the exclusive
21 collective bargaining representatives of employees in appropriate
22 bargaining units based upon a demonstration of majority employee support
23 of such labor unions by union authorization card check as verified, if
24 necessary, by an independent arbitrator appointed by the [State] Public
25 Employment Relations Board in consultation with the Nation and the labor
26 union; and (5) final and binding arbitration of organized labor matters
27 or disputes including negotiations for collective bargaining agreements
28 with arbitrators' awards enforceable in a state or federal court of
29 competent jurisdiction; (ii) assurances that the Nation has an adequate
30 civil recovery system which guarantees fundamental due process to visi-
31 tors and guests of the facility and related facilities; and (iii) assur-
32 ances that the Nation will maintain during the term of the compact
33 sufficient liability insurance to assure that visitors and guests will
34 be compensated for their injuries.
35 § 10. Paragraphs (e) and (f) of subdivision 1 of section 169 of the
36 executive law, paragraph (e) as amended by chapter 437 of the laws of
37 1995 and paragraph (f) as amended by chapter 83 of the laws of 1995, are
38 amended to read as follows:
39 (e) chairman of state athletic commission, chairman and executive
40 director of consumer protection board, member-chairman of crime victims
41 board, chairman of human rights appeal board, chairman of the industrial
42 board of appeals, [chairman of the employment relations board,] chairman
43 of the state commission of correction, members of the board of parole,
44 members of the state racing and wagering board, member-chairman of unem-
45 ployment insurance appeal board, director of veterans' affairs, and
46 vice-chairman of the workers' compensation board;
47 (f) executive director of adirondack park agency, commissioners of the
48 state liquor authority, commissioners of the state civil service commis-
49 sion, members of state commission of correction, [members of the employ-
50 ment relations board,] members of crime victims board, members of unem-
51 ployment insurance appeal board, and members of the workers'
52 compensation board.
53 § 11. This act shall not revoke or rescind any regulations or opinions
54 issued by the state employment relations board in effect upon the effec-
55 tive date of this act, to the extent that such regulations or opinions
56 are not inconsistent with any law of the state of New York. The public
S. 6606--B 132 A. 9706--C
1 employment relations board shall undertake a comprehensive review of all
2 such regulations and opinions, which will address the consistency of
3 such regulations and opinions among each other and will propose any
4 regulatory changes necessitated by such review.
5 § 12. This act shall take effect on the thirtieth day after it shall
6 have become a law; provided, however, that effective immediately, the
7 chair of the public employment relations board and the chair of the
8 state employment relations board are hereby authorized to take such
9 actions as are necessary and proper to prepare for an orderly transition
10 of the functions, powers and duties as herein provided.
11 PART P
12 Section 1. Section 163-c of the state finance law is REPEALED.
13 § 2. This act shall take effect immediately.
14 PART Q
15 Section 1. (a) For the purpose of this section, "insurance carrier,"
16 and "workers' compensation rating board" shall have the meaning set
17 forth in section 2 of the workers' compensation law.
18 (b) For the purposes of this section, "excess assessment funds" shall
19 mean any excess of the amount collected by an insurance carrier from its
20 policy holders in accordance with a calculation provided by the workers'
21 compensation rating board pursuant to subdivision 8 of section 15,
22 subdivision 3 of section 25-a or section 151 of the workers' compen-
23 sation law attributable to the period April 1, 2008, through March 31,
24 2009, over the amount paid to the workers' compensation board pursuant
25 to subdivision 8 of section 15, subdivision 3 of section 25-a or section
26 151 of the workers' compensation law attributable to the period April 1,
27 2008, through March 31, 2009. The board may issue guidelines regarding
28 the construction of this section, provided such guidelines are consist-
29 ent with this section and with part QQ of chapter 56 of the laws of
30 2009.
31 (c) Any insurance carrier or affiliated group of insurance carriers
32 that has collected excess assessment funds shall pay over to the chair
33 of the workers' compensation board, within sixty days of the effective
34 date of this subdivision, the amount of such funds. Such funds shall be
35 credited to the workers' compensation account. Any amounts collected
36 pursuant to this section shall be transferred by the comptroller to the
37 general fund, at the request of the director of the budget.
38 § 2. This act shall take effect immediately.
39 PART R
40 Section 1. Subdivisions 2 and 3 of section 50-a of the workers'
41 compensation law, as added by chapter 139 of the laws of 2008, are
42 amended to read as follows:
43 2. At any time prior to April first, two thousand [nine] eleven, the
44 chair may withdraw funds from the uninsured employers fund provided for
45 under section twenty-six-a of this chapter, up to such amount as the
46 chair determines is sufficient to fund any anticipated additional
47 expenses of such fund, taking into account anticipated available reven-
48 ues, but in no event to exceed [fifty-two] seventy-five million dollars
49 in the aggregate. Such funds shall be deposited into the group self-in-
50 surer offset fund, and used in accordance with subdivision one of this
S. 6606--B 133 A. 9706--C
1 section. As consistent with this section, the chair may set the timing
2 of such withdrawals in its discretion.
3 3. Beginning on January first, two thousand [ten] twelve, and each
4 year thereafter, the chair shall add to the total of each annual assess-
5 ment made under paragraph g of subdivision five of section fifty of this
6 article the sum of up to three million dollars, to be allocated to
7 private group and individual self-insurers in accordance with such para-
8 graph. The chair shall assess additional funds under this paragraph as
9 necessary to insure that there are sufficient funds in the fund for
10 uninsured employers to meet its liabilities, or if necessary in accord-
11 ance with section one hundred fifty-one of this chapter. Such funds as
12 are collected pursuant to this subdivision shall be deposited into the
13 uninsured employer fund until all funds withdrawn therefrom under subdi-
14 vision one of this section are returned with interest calculated at an
15 annual rate equal to the rate of return on funds in the fund for unin-
16 sured employers from the prior year.
17 § 2. Section 1108 of the insurance law is amended by adding a new
18 subsection (j) to read as follows:
19 (j) Any group of employers authorized by the workers' compensation
20 board to provide workers' compensation benefits for the employees of all
21 member employers pursuant to subdivision three-a of section fifty of the
22 workers' compensation law.
23 § 3. The second undesignated paragraph of subdivision 3 of section 50
24 of the workers' compensation law, as amended by chapter 6 of the laws of
25 2007, is amended to read as follows:
26 If for any reason the status of an employer under this subdivision is
27 terminated, the securities or the surety bond, or the securities, cash,
28 or irrevocable letters of credit and surety bond, on deposit referred to
29 herein shall remain in the custody of the chair for [a period of at
30 least twenty-six months. At the expiration of] such time [or such
31 further time period] as the chair may deem proper and warranted under
32 the circumstances[, and so designates, the chair may accept in]. In
33 lieu thereof, [and for the additional purpose of] and at the discretion
34 of the chair, the employer, his or her heirs or assigns or others carry-
35 ing on or liquidating such business, may execute an assumption of work-
36 ers' compensation liability insurance policy securing such further and
37 future contingent liability as may arise from prior injuries to workers
38 and be incurred by reason of any change in condition of such workers
39 warranting the board making subsequent awards for payment of additional
40 compensation[, a policy of insurance furnished by the employer, his
41 heirs or assigns or others carrying on or liquidating such business].
42 Such policy shall be in a form approved by the superintendent of insur-
43 ance and issued by the state fund or any insurance company licensed to
44 issue this class of insurance in this state. In the event that such
45 policy is issued by an insurance company other than the state fund, then
46 said policy shall be deemed of the kind specified in paragraph fifteen
47 of subsection (a) of section one thousand one hundred thirteen of the
48 insurance law and covered by the workers' compensation security fund as
49 created and governed by article six-A of this chapter. It shall only be
50 issued for a single complete premium payment in advance by the employer
51 and in an amount deemed acceptable by the chair and the superintendent
52 of insurance. In lieu of the applicable premium charge ordinarily
53 required to be imposed by a carrier, said premium shall include a
54 surcharge in an amount to be determined by the chair to: (i) satisfy
55 all assessment liability due and owing to the board and/or the chair
56 under this chapter; and (ii) satisfy all future assessment liability
S. 6606--B 134 A. 9706--C
1 under this section. Said surcharge shall be payable to the board simul-
2 taneous to the execution of the assumption of workers' compensation
3 liability insurance policy. However, the payment of said surcharge does
4 not relieve the carrier from any other liability, including liability
5 owed to the superintendent of insurance pursuant to article six-a of
6 this chapter. [It shall be given in an amount to be determined by the
7 chair and when] When issued such policy shall be non-cancellable without
8 recourse for any cause during the continuance of the liability secured
9 and so covered.
10 § 4. Paragraph 7 of subdivision 3-a of section 50 of the workers'
11 compensation law, as amended by chapter 139 of the laws of 2008, is
12 amended to read as follows:
13 (7) (a) If for any reason, the status of a group self-insurer under
14 this subdivision is terminated, the securities or cash or the surety
15 bond on deposit referred to herein shall remain in the custody of the
16 chair for [a period of at least twenty-six months. At the expiration of]
17 such time [or such further period] as the chair may deem proper and
18 warranted[, he or she may accept in]. In lieu thereof, [and for the
19 additional purpose of] and at the discretion of the chair, the group
20 self-insurer, its heirs or assigns or others carrying on or liquidating
21 such group self-insurer, including the chair on the group self-insurer's
22 behalf, may execute an assumption of workers' compensation liability
23 insurance policy securing such further and future contingent liability
24 as may arise from prior injuries to workers and be incurred by reason of
25 any change in the condition of such workers warranting the board making
26 subsequent awards for payment of additional compensation[, a policy of
27 insurance furnished by the group self-insurer, its successor or assigns
28 or others carrying on or liquidating such group self-insurer]. Such
29 policy shall be in a form approved by the superintendent of insurance
30 and issued by the state fund or any insurance company licensed to issue
31 this class of insurance in this state. In the event that such policy is
32 issued by an insurance company other than the state fund, then said
33 policy shall be deemed of the kind specified in paragraph fifteen of
34 subsection (a) of section one thousand one hundred thirteen of the
35 insurance law and covered by the workers' compensation security fund as
36 created and governed by article six-A of this chapter. It shall only be
37 issued for a single complete premium payment in advance by the group
38 self-insurer and in an amount deemed acceptable by the chair and the
39 superintendent of insurance. In lieu of the applicable premium charge
40 ordinarily required to be imposed by a carrier, said premium shall
41 include a surcharge in an amount to be determined by the chair to: (i)
42 satisfy all assessment liability due and owing to the board and/or the
43 chair under this chapter; and (ii) satisfy all future assessment liabil-
44 ity under this section. Said surcharge shall be payable to the board
45 simultaneous to the execution of the assumption of workers' compensation
46 liability insurance policy. However, the payment of said surcharge does
47 not relieve the carrier from any other liability, including liability
48 owed to the superintendent of insurance pursuant to article six-A of
49 this chapter. [It shall be given in an amount to be determined by the
50 chair and when] When issued such policy shall be noncancellable without
51 recourse for any cause during the continuance of the liability secured
52 and so covered.
53 (b) The chair shall levy an assessment on the members of a defaulted
54 group self-insurer within one hundred twenty days of such default or of
55 the effective date of the chapter of the laws of two thousand eight
56 which amended this subdivision, whichever is later, and against the
S. 6606--B 135 A. 9706--C
1 members of any other terminated group self-insurer when necessary, for
2 such an amount as he or she determines to be necessary to discharge all
3 liabilities of the group self-insurer, including the reasonable cost of
4 liquidation such as claims administration costs, actuarial and account-
5 ing services, and the value of future assessments on members of such
6 group self-insurer. The chair may impose subsequent deficit assessments,
7 or return funds to members, to adjust the moneys collected to reflect
8 the time of participation, and percent of group self-insurer liabilities
9 for such time. Notwithstanding any such action by the chair, each member
10 of the group self-insurer shall remain jointly and severally responsible
11 for all liabilities provided by this chapter including but not limited
12 to outstanding and estimated future liabilities and assessments.
13 Further, separate and apart from, and in addition to a member's joint
14 and several liability and notwithstanding any payments made by any other
15 members of the group self-insurer pursuant to this subparagraph, in the
16 event that a member neglects or fails to pay an assessment levied pursu-
17 ant to this subparagraph, the member shall be deemed in default in the
18 payment of compensation. Such defaulting member is subject to the
19 enforcement provisions of section twenty-six of this chapter for the
20 payment of all compensation relative to awards due and owing on claims
21 filed by the employees of such member that have neither been paid by the
22 member or the group self-insurer. Nothing in this paragraph shall
23 prevent the chair from offering payment plans or settling claims against
24 members of any group self-insurer as necessary to facilitate collection.
25 (c) Upon the assumption of the assets and liabilities of a group self-
26 insurer by the chair or his or her designee pursuant to regulation of
27 the chair, all records, documents and files of whatever nature, pertain-
28 ing to the group self-insurer, be they in the possession of the group
29 self-insurer or a third party, and all remaining assets of the group
30 self-insurer, shall become the property of the chair. All custodians of
31 such records and/or funds shall turn over to the chair or his designee
32 all such original records upon demand.
33 § 5. Subdivision 4 of section 50 of the workers' compensation law is
34 amended by adding a new paragraph e to read as follows:
35 e. If for any reason the status of a county, city, village, town,
36 school district, fire district or other political subdivision of state
37 is terminated, at the discretion of the chair, the county, city,
38 village, town, school district, fire district or other political subdi-
39 vision of state, may execute an assumption of workers' compensation
40 liability insurance policy securing such further and future contingent
41 liability as may arise from prior injuries to workers and be incurred by
42 reason of any change in the condition of such workers warranting the
43 board making subsequent awards for payment of additional compensation.
44 Such policy shall be in a form approved by the superintendent of insur-
45 ance and shall be issued by the state fund or any insurance company
46 licensed to issue this class of policy in this state. In the event that
47 such policy is issued by an insurance company other than the state fund,
48 then said policy shall be deemed to be insurance of the kind specified
49 in paragraph fifteen of subsection (a) of section one thousand one
50 hundred thirteen of the insurance law and covered by the workers'
51 compensation security fund as created and governed by article six-A of
52 this chapter. It shall only be issued for a single complete premium
53 payment in advance by the county, city, village, town, school district,
54 fire district or other political subdivision of state and in an amount
55 deemed acceptable by the chair and the superintendent of insurance. In
56 lieu of the applicable premium charge ordinarily required to be imposed
S. 6606--B 136 A. 9706--C
1 by a carrier, said premium shall include a surcharge in an amount to be
2 determined by the chair to satisfy all assessment liability due and
3 owing to the board and/or the chair under this chapter. Said surcharge
4 shall be payable to the board simultaneous to the execution of the
5 assumption of workers' compensation liability insurance policy. However,
6 the payment of said surcharge does not relieve the carrier from any
7 other liability, including liability owed to the superintendent of
8 insurance pursuant to article six-A of this chapter. When issued such
9 policy shall be non-cancellable without recourse for any cause during
10 the continuance of the liability secured and so covered.
11 § 6. Section 73 of the workers' compensation law, as added by chapter
12 849 of the laws of 1955, is amended to read as follows:
13 § 73. Abandonment of plan. The board of supervisors of a county may by
14 local law provide for the abandonment of a plan, effective as of the
15 close of the calendar year then in progress. Such plan, however, shall
16 continue to operate thereafter until all liabilities of the plan
17 incurred prior to such effective date shall have been satisfied and all
18 advances to the county self-insurance fund shall have been repaid. Such
19 local law shall provide a method for the distribution of any assets of
20 the plan remaining after all such liabilities have been satisfied. The
21 provisions of this section shall not apply to any plan abandoned pursu-
22 ant to section sixty-one of this chapter. At the discretion of the
23 chair, the board of supervisors of a county may execute an assumption of
24 workers' compensation liability insurance policy securing such further
25 and future contingent liability as may arise from prior injuries to
26 workers and be incurred by reason of any change in the condition of such
27 workers warranting the board making subsequent awards for payment of
28 additional compensation. Such policy shall be in a form approved by the
29 superintendent of insurance and shall be issued by the state fund or any
30 insurance company licensed to issue this class of insurance in this
31 state. In the event that such policy is issued by an insurance company
32 other than the state fund, then said policy shall be deemed to be of the
33 kind specified in paragraph fifteen of subsection (a) of section one
34 thousand one hundred thirteen of the insurance law and covered by the
35 workers' compensation security fund as created and governed by article
36 six-A of this chapter. It shall only be issued for a single complete
37 premium payment in advance by the county, city, village, town, school
38 district, fire district or other political subdivision of state and in
39 an amount deemed acceptable by the chair and the superintendent of
40 insurance. In lieu of the applicable premium charge ordinarily required
41 to be imposed by a carrier, said premium shall include a surcharge in an
42 amount to be determined by the chair to satisfy all assessment liability
43 due and owing to the board and/or the chair under this chapter. Said
44 surcharge shall be payable to the board simultaneous to the execution of
45 the assumption of workers' compensation liability insurance policy.
46 However, the payment of said surcharge does not relieve the carrier from
47 any other liability, including liability owed to the superintendent of
48 insurance pursuant to article six-A of this chapter. When issued such
49 policy shall be non-cancellable without recourse for any cause during
50 the continuance of the liability secured and so covered.
51 § 7. The eighth undesignated paragraph of section 106 of the workers'
52 compensation law, as amended by chapter 598 of the laws of 2000, is
53 amended to read as follows:
54 "Carrier" means a stock or mutual corporation or a reciprocal insurer
55 or a nonprofit property/casualty insurance company, if such corporation
56 or insurer is authorized to transact the business of workers' compen-
S. 6606--B 137 A. 9706--C
1 sation insurance in this state, including but not limited to the issu-
2 ance of an assumption of workers' compensation liability insurance poli-
3 cy, but not including any such corporation or insurer which is
4 insolvent.
5 § 8. This act shall take effect immediately.
6 PART S
7 Section 1. The division of the budget and office of the state comp-
8 troller may dedicate such officers and employees as may be needed to a
9 joint project, which shall be known as the state financial system
10 project, and which shall be responsible for the development, implementa-
11 tion and maintenance of a single, statewide financial management system
12 for use by the state comptroller and all agencies. The division of the
13 budget and the office of the state comptroller shall serve jointly as
14 the appointing authority for all titles within the project, and shall
15 jointly appoint a project manager therefor. For purposes of appointment
16 and promotion under the civil service law, the state financial system
17 project shall be treated as if it were a single department.
18 § 2. This act shall take effect immediately.
19 PART T
20 Section 1. The section heading and subdivision 1 of section 160 of the
21 civil service law, as amended by chapter 329 of the laws of 1960, are
22 amended to read as follows:
23 Regulations governing the health [insurance] benefit plan; advisory
24 committee. 1. The president, subject to the provisions of this article,
25 is hereby empowered to establish regulations relating to:
26 (1) the eligibility of (a) active and (b) retired employees to partic-
27 ipate in the health [insurance] benefit plan authorized by this article,
28 (2) the terms and conditions of the insurance and/or plan administra-
29 tor contract or contracts, as applied to (a) active employees and (b)
30 retired employees, and
31 (3) the purchase of such insurance and/or plan administrator contract
32 or contracts and the administration of such health [insurance] benefit
33 plan.
34 The president shall adopt such further regulations as may be required
35 for the effective administration of this article, including the right to
36 require advance payments of any portion of the amount required to be
37 paid by any participating employer as its share in connection with the
38 operation of the health [insurance] benefit plan hereunder.
39 § 2. Subdivisions 1 and 3 of section 161 of the civil service law, as
40 amended by chapter 329 of the laws of 1960, are amended to read as
41 follows:
42 1. The president is hereby authorized and directed to establish a
43 health [insurance] benefit plan for state officers and employees and
44 their dependents and officers and employees of the state colleges of
45 agriculture, home economics, industrial labor relations and veterinary
46 medicine, the state agricultural experiment station at Geneva, and any
47 other institution or agency under the management and control of Cornell
48 university as the representative of the board of trustees of the state
49 university of New York, and the state college of ceramics under the
50 management and control of Alfred university as the representative of the
51 board of trustees of the state university of New York and their depen-
52 dents which, subject to the conditions and limitations contained in this
S. 6606--B 138 A. 9706--C
1 article, and in the regulations of the president, will provide for group
2 hospitalization, surgical and medical insurance against the financial
3 costs of hospitalization, surgery, medical treatment and care, and may
4 include, among other things prescribed drugs, medicines, prosthetic
5 appliances, hospital in-patient and out-patient service benefits and
6 medical expense indemnity benefits.
7 3. The health [insurance] benefit plan shall be designed by the presi-
8 dent (1) to provide a reasonable relationship between the hospital,
9 surgical and medical benefits to be included, and the expected distrib-
10 ution of expenses of each such type to be incurred by the covered
11 employees and dependents, and (2) to include reasonable controls, which
12 may include deductible and coinsurance provisions applicable to some or
13 all of the benefits, to reduce unnecessary utilization of the various
14 hospital, surgical and medical services to be provided and to provide
15 reasonable assurance of stability in future years of the plan, and (3)
16 to provide benefits on a non-discriminatory basis to the extent possi-
17 ble, to active members throughout the state, wherever located.
18 § 3. The section heading and subdivisions 1 and 2 of section 162 of
19 the civil service law, the section heading and subdivision 2 as amended
20 by chapter 329 of the laws of 1960 and subdivision 1 as amended by chap-
21 ter 805 of the laws of 1984, are amended to read as follows:
22 Contract for health [insurance] benefits. 1. The president is hereby
23 authorized and directed to purchase a contract or contracts to provide
24 the benefits under the plan of health [insurance] benefits determined
25 upon in accordance with the provisions of this article. Such contract or
26 contracts shall be purchased from one or more corporations licensed to
27 transact accident and health insurance business in this state or subject
28 to article forty-three of the insurance law.
29 (a) Alternatively, the president may provide health benefits directly
30 to plan participants, in which case the president is hereby authorized
31 to purchase a contract or contracts with one or more firms qualified to
32 administer, on New York state health benefit plan's behalf, the plan of
33 benefits required under this article.
34 (b) In the event the president elects to provide health benefits
35 directly to plan participants in accordance with paragraph (a) of this
36 subdivision:
37 (i) Any and all health insurance coverage mandated by any law, rule or
38 regulation, including but not limited to coverage mandated pursuant to
39 article forty-three of the insurance law, applicable to contracts for
40 health insurance entered into under this section shall be provided in a
41 manner assuring uninterrupted continuance of coverage for all covered
42 persons. For the purposes of this paragraph "coverage" shall include but
43 shall not be limited to all benefits, services, rights, privileges and
44 guarantees allowed by law;
45 (ii) Plan participants shall be afforded all internal and external
46 review and appeal rights as described in article forty-nine of the
47 insurance law;
48 (iii) A plan participant receiving covered services rendered by a
49 health care provider prior to the date upon which the president elects
50 to provide health benefits directly to plan participants in accordance
51 with paragraph (a) of this subdivision shall be permitted to continue
52 receiving services from such health care provider after the effective
53 date of the election at the discretion of such plan participant.
54 Services provided by such health care provider after the effective date
55 of the election as described in this paragraph shall be covered in a
S. 6606--B 139 A. 9706--C
1 manner consistent with covered services provided directly to plan
2 participants in accordance with paragraph (a) of this subdivision; and
3 (iv) Notwithstanding the provisions of this subdivision, the presi-
4 dent's election to provide health benefits directly to plan participants
5 shall not constitute the doing of insurance business within the meaning
6 of article eleven of the insurance law; provided however, the provision
7 of direct benefits as per this subdivision shall be subject to review by
8 the superintendent of insurance for the purposes of ensuring compliance
9 with applicable insurance law and any and all associated insurance rules
10 and regulations as noted in this subdivision.
11 (c) All of the benefits to be provided under this article may be
12 included in one or more similar contracts, or the benefits may be clas-
13 sified into different types with each type included under one or more
14 similar contracts issued by the same or different companies.
15 2. A reasonable time before entering into any insurance contract or
16 contract with an administrator or administrators hereunder, the presi-
17 dent shall invite proposals from such qualified insurers or administra-
18 tors as in his or her opinion would desire to accept any part of the
19 insurance coverage or administrative services authorized by this arti-
20 cle.
21 § 4. Subdivisions 1, 2, 5, 7 and 8 of section 163 of the civil service
22 law, subdivisions 1 and 5 as amended by chapter 329 of the laws of 1960,
23 subdivision 2 as amended by chapter 71 of the laws of 2010, subdivision
24 7 as amended by chapter 198 of the laws of 1966 and subdivision 8 as
25 added by chapter 394 of the laws of 1984, are amended to read as
26 follows:
27 1. All persons in the service of the state, whether elected, appointed
28 or employed, who elect to participate in such health [insurance] benefit
29 plan shall be eligible to participate therein, provided, however, that
30 the president may adopt such regulations as he or she may deem appropri-
31 ate excluding temporary, part time or intermittent employment.
32 2. The contract or contracts shall provide for health [insurance]
33 benefits for retired employees of the state and of the state colleges of
34 agriculture, home economics, industrial labor relations and veterinary
35 medicine, the state agricultural experiment station at Geneva, and any
36 other institution or agency under the management and control of Cornell
37 university as the representative of the board of trustees of the state
38 university of New York, and the state college of ceramics under the
39 management and control of Alfred university as the representative of the
40 board of trustees of the state university of New York, and their spouses
41 and dependent children as defined by the regulations of the president,
42 on such terms as the president may deem appropriate, and the president
43 may authorize the inclusion in the plan of the employees and retired
44 employees of public authorities, public benefit corporations, school
45 districts, special districts, district corporations, municipal corpo-
46 rations excluding active employees and retired employees of cities
47 having a population of one million or more inhabitants whose compen-
48 sation is or was before retirement paid out of the city treasury, or
49 other appropriate agencies, subdivisions or quasi-public organizations
50 of the state, including active members of volunteer fire and volunteer
51 ambulance companies serving one or more municipal corporations pursuant
52 to subdivision seven of section ninety-two-a of the general municipal
53 law, and their spouses and dependent children as defined by the regu-
54 lations of the president. Any such corporation, district, agency or
55 organization electing to participate in the plan shall be required to
56 pay its proportionate share of the expenses of administration of the
S. 6606--B 140 A. 9706--C
1 plan in such amounts and at such times as determined and fixed by the
2 president. All amounts payable for such expenses of administration shall
3 be paid to the commissioner of taxation and finance and shall be applied
4 to the reimbursement of funds previously advanced for such purposes.
5 Neither the state nor any other participant in the plan shall be charged
6 with the particular experience attributable to the employees of the
7 participant, and all dividends or retroactive rate credits shall be
8 distributed pro-rata based upon the number of employees of such partic-
9 ipant covered by the plan.
10 5. The chief fiscal officer of any such participating employer shall
11 be authorized to deduct from the wages or salary paid to its employees
12 who are participants in such health [insurance] benefit plan the sums
13 required to be paid by them under such plan. Each such participating
14 employer is authorized to appropriate such sums as are required to be
15 paid by it as its share in connection with the operation of such plan.
16 7. For purposes of eligibility for participation in the health [insur-
17 ance] benefit plan no person shall be deemed to be a state officer or
18 employee or to be in the service of the state unless his salary or
19 compensation is paid directly by the state, and no person shall be
20 deemed to be a retired officer or employee of the state unless his sala-
21 ry or compensation immediately preceding his retirement was paid direct-
22 ly by the state; provided, however, that all active and retired
23 justices, judges, officers and employees of the supreme court, surro-
24 gate's court, county court, family court, civil court of the city of New
25 York, criminal court of the city of New York and district court in any
26 county, officers and employees of the office of probation for the courts
27 of New York city shall be eligible for participation in the health
28 [insurance] benefit plan whether or not their salaries are paid or
29 before retirement were paid directly by the state.
30 8. Notwithstanding any other law, rule or regulation to the contrary,
31 where the state and an employee organization representing state officers
32 and employees who are in positions which are in the collective negotiat-
33 ing unit established by chapter four hundred three of the laws of nine-
34 teen hundred eighty-three enter into a collectively negotiated agreement
35 pursuant to article fourteen of this chapter providing that officers and
36 employees who hold positions in such unit on or after April first, nine-
37 teen hundred eighty-four and who immediately upon termination from such
38 position are eligible to receive a retirement benefit from either the
39 New York state or New York city retirement systems shall continue to be
40 eligible to participate in the employee benefit fund established by
41 section two hundred six-a of the state finance law, such officers and
42 employees upon retirement shall continue to participate in and receive
43 the benefits of such fund as provided in such collectively negotiated
44 agreement and shall not be eligible to receive and shall not receive
45 from the statewide health [insurance] benefit plan established pursuant
46 to this article coverage for benefits covered by such employee benefit
47 fund.
48 § 4-a. Section 163-a of the civil service law, as added by chapter 302
49 of the laws of 1985, is amended to read as follows:
50 § 163-a. [Health insurance adjustment] Supplementary plan. 1. For the
51 purposes of this section, the term "supplementary plan" shall mean a
52 health [insurance] benefit plan which provides an adjustment to the
53 deductible or co-insurance liability or to the benefits provided by the
54 statewide health [insurance] benefit plan purchased pursuant to section
55 one hundred sixty-two of this article.
S. 6606--B 141 A. 9706--C
1 2. The president may require the insurer of a supplementary plan to
2 the statewide health [insurance] benefit plan, provided as a result of a
3 collectively negotiated agreement pursuant to article fourteen of this
4 chapter, to make a comparable supplementary plan available to partic-
5 ipating employers as of the implementation date of the state employees'
6 supplementary plan. The comparable supplementary plan shall be experi-
7 ence rated as to those participating employers electing it, with the
8 costs thereof allocated equitably among them.
9 3. Every participating employer which, on or before July first, nine-
10 teen hundred eighty-five, entered into a collectively negotiated agree-
11 ment pursuant to article fourteen of this chapter with employee organ-
12 izations representing its employees to provide the statewide health
13 [insurance] benefit plan shall provide such comparable supplementary
14 plan on the date established by the president until the expiration of
15 such negotiated agreement.
16 § 5. Section 165 of the civil service law, as amended by chapter 810
17 of the laws of 1964, subdivision 2 as amended by chapter 608 of the laws
18 of 1977, is amended to read as follows:
19 § 165. Termination of active employment. 1. The health [insurance]
20 benefit coverage of any employee and his or her dependents, if any,
21 shall cease upon the discontinuance of his or her term of office or
22 employment, subject to regulations which may be prescribed by the presi-
23 dent for extension of coverage and for conversion to an individual
24 contract providing for such of the benefits provided under this article
25 as may be provided under such individual contracts, under terms approved
26 by the president, the total cost of any such contract to be borne by the
27 employee.
28 2. In the event of death of an employee having coverage at the time of
29 death for himself or herself and his or her dependents, and where the
30 circumstances of death are such that beneficiaries or dependents of such
31 deceased employee are entitled to an accidental death benefit payable by
32 a retirement system or pension plan administered by the state or a civil
33 division thereof on account of death resulting from an accident
34 sustained in the performance of his or her duties or to death benefits
35 provided for under the [workmen's] workers' compensation law, the unre-
36 married spouse of such employee covered at the time of his or her death
37 and his or her covered dependents, for so long as they would otherwise
38 qualify as dependents eligible for coverage under the regulations of the
39 president, shall be eligible to continue full coverage under the health
40 [insurance] benefit plan upon payment at intervals determined by the
41 president of the full cost of such coverage; provided, however, that the
42 state shall pay and any participating employer may elect to pay the full
43 cost of such coverage, except that in the case of those enrolled in an
44 optional benefit plan, the employer shall contribute not more than the
45 same dollar amount which would be paid if such unremarried spouse and
46 dependents were enrolled in the basic statewide health [insurance] bene-
47 fit plan. The president shall adopt such regulations as may be required
48 to carry out the provisions of this subdivision which shall include, but
49 need not be limited to, provisions for filing application for continued
50 coverage, including reasonable time limits therefor, and provisions for
51 continued coverage of spouse and dependents pending determination of an
52 application for accidental death benefits from a retirement system or
53 pension plan administered by the state or a civil division thereof or
54 pending determination of a claim for death benefits under the [work-
55 men's] workers' compensation law.
S. 6606--B 142 A. 9706--C
1 § 6. Section 165-a of the civil service law, as amended by chapter 467
2 of the laws of 1991, the closing paragraph as added by chapter 105 of
3 the laws of 2005, is amended to read as follows:
4 § 165-a. Continuation of state health [insurance] benefit plans for
5 survivors of employees of the state and/or of a political subdivision or
6 of a public authority. Notwithstanding any other provision of law to the
7 contrary, the president shall permit the unremarried spouse and the
8 dependents, otherwise qualified as eligible for coverage under regu-
9 lations of the president, of a person who was an employee of the state
10 and/or of a political subdivision thereof or of a public authority for
11 not less than ten years, provided however, that the ten-year service
12 requirement shall not apply to such employees on active military duty in
13 connection with the Persian Gulf conflict who die on or after August
14 second, nineteen hundred ninety while in the Persian Gulf combat zone or
15 while performing such military duties, who had been a participant in any
16 of the state health [insurance] benefit plans, to continue under the
17 coverage which such deceased employee had in effect at the time of
18 death, upon the payment at intervals determined by the president of the
19 full cost of such coverage, provided, however, that the unremarried
20 spouse of an active employee of the State who died on or after April
21 first nineteen hundred seventy-five and before April first nineteen
22 hundred seventy-nine who timely elected to continue dependent coverage,
23 or such unremarried spouse who timely elected individual coverage shall
24 continue to pay at intervals determined by the president one-quarter of
25 the full cost of dependent coverage and provided further, that, with
26 regard to employees of the State, where and to the extent that an agree-
27 ment pursuant to article fourteen of this chapter so provides, or where
28 the director of employee relations, with respect to employees of the
29 State who are not included within a negotiating unit so recognized or
30 certified pursuant to article fourteen of this chapter whom the director
31 of employee relations determines should be declared eligible for the
32 continuation of health [insurance] benefit plans for the survivors of
33 such employees of the State, the president shall adopt regulations
34 providing for the continuation of such health [insurance] benefit or
35 benefits by the unremarried spouse of an active employee of the State
36 who died on or after April first nineteen hundred seventy-nine who
37 elects to continue dependent coverage, or such unremarried spouse who
38 elects individual coverage, and upon such election shall pay at inter-
39 vals determined by the president one-quarter of the full cost of depend-
40 ent coverage and, provided further with respect to enrolled employees of
41 a political subdivision or public authority in a negotiating unit recog-
42 nized or certified pursuant to article fourteen of this chapter, where
43 an agreement negotiated pursuant to said article so provides, and with
44 respect to enrolled employees of a political subdivision or public
45 authority not included within a negotiating unit so recognized or certi-
46 fied, at the discretion of the appropriate political subdivision or
47 public authority, the unremarried spouse of an active employee of the
48 political subdivision or of the public authority who died on or after
49 April first nineteen hundred seventy-five, may elect to continue depend-
50 ent coverage or such unremarried spouse may elect individual coverage
51 and upon such election shall pay at intervals determined by the presi-
52 dent one-quarter of the full cost of dependent coverage.
53 The president shall adopt such regulations as may be required to carry
54 out the provisions of this subdivision which shall include, but need not
55 be limited to, provisions for filing application for continued coverage.
S. 6606--B 143 A. 9706--C
1 Notwithstanding any law to the contrary, the survivors of any employee
2 subject to this section shall be entitled to the health [insurance]
3 benefits granted pursuant to this section, provided that such employee
4 died while on active duty other than for training purposes, pursuant to
5 Title 10 of the United States Code, with the armed forces of the United
6 States, and such member died on such active duty on or after the effec-
7 tive date of [the] chapter one hundred five of the laws of two thousand
8 five [which added this paragraph] as a result of injuries, disease or
9 other medical condition sustained or contracted in such active duty with
10 the armed forces of the United States.
11 § 7. Paragraph (a) of subdivision 1 and subdivisions 2, 4, 5 and 6 of
12 section 167 of the civil service law, paragraph (a) of subdivision 1 as
13 amended by chapter 582 of the laws of 1988, subdivision 2 as amended by
14 chapter 534 of the laws of 1998, subdivision 4 as amended by chapter 407
15 of the laws of 1970, subdivision 5 as amended by chapter 617 of the laws
16 of 1967, and subdivision 6 as amended by section 2 of part C of chapter
17 56 of the laws of 2006, are amended to read as follows:
18 (a) The full cost of premium or subscription charges for the coverage
19 of retired state employees who are enrolled in the statewide and the
20 supplementary health [insurance] benefit plans established pursuant to
21 this article and who retired prior to January first, nineteen hundred
22 eighty-three shall be paid by the state. Nine-tenths of the cost of
23 premium or subscription charges for the coverage of state employees and
24 retired state employees retiring on or after January first, nineteen
25 hundred eighty-three who are enrolled in the statewide and supplementary
26 health [insurance] benefit plans shall be paid by the state. Three-
27 quarters of the cost of premium or subscription charges for the coverage
28 of dependents of such state employees and retired state employees shall
29 be paid by the state. Except as provided in paragraph (b) of this subdi-
30 vision, the state shall contribute toward the premium or subscription
31 charges for the coverage of each state employee or retired state employ-
32 ee who is enrolled in an optional benefit plan and for the dependents of
33 such state employee or retired state employee the same dollar amount
34 which would be paid by the state for the premium or subscription charges
35 for the coverage of such state employee or retired state employee and
36 his or her dependents if he or she were enrolled in the statewide and
37 the supplementary health [insurance] benefit plans, but not in excess of
38 the premium or subscription charges for the coverage of such state
39 employee or retired state employee and his or her dependents under such
40 optional benefit plan. For purposes of this subdivision, employees of
41 the state colleges of agriculture, home economics, industrial labor
42 relations, and veterinary medicine, the state agricultural experiment
43 station at Geneva, and any other institution or agency under the manage-
44 ment and control of Cornell university as the representative of the
45 board of trustees of the state university of New York, and employees of
46 the state college of ceramics under the management and control of Alfred
47 university as the representative of the board of trustees of the state
48 university of New York, shall be deemed to be state employees whose
49 salaries or compensation are paid directly by the state.
50 2. Each participating employer shall be required to pay not less than
51 fifty percentum of the cost of premium or subscription charges for the
52 coverage of its employees and retired employees who are enrolled in the
53 statewide only or the statewide and comparable supplementary health
54 [insurance] benefit plans established pursuant to this article. Such
55 employer shall be required to pay not less than thirty-five percentum of
56 the cost of premium or subscription charges for the coverage of depen-
S. 6606--B 144 A. 9706--C
1 dents of such employees and retired employees. Such employer shall
2 contribute toward the premium or subscription charges for the coverage
3 of each employee or retired employee who is enrolled in an optional
4 benefit plan and for the dependents of such employee or retired employee
5 the same dollar amount which would be paid by such employer for the
6 premium or subscription charges for the coverage of such employee or
7 retired employee and his or her dependents if he or she were enrolled in
8 the statewide health [insurance] benefit plan, but not in excess of the
9 premium or subscription charges for the coverage of such employee or
10 retired employee and his or her dependents under such optional benefit
11 plan. Such employer shall not be required to pay the cost of premium or
12 subscription charges for the coverage of unpaid elected officials, or
13 unpaid board members of a public authority, or their dependents,
14 provided, however that no unpaid board member of a public authority
15 shall be eligible to participate in such [insurance] benefit plan until
16 he or she has served in such position for at least six months. Subject
17 to such regulations as the president may prescribe, any participating
18 employer may elect to pay higher rates of contribution for the coverage
19 of employees, retired employees and their dependents; provided, however,
20 that if a participating employer elects to pay a higher or lower rate of
21 contribution for its retired employees or their dependents, or both,
22 than that paid by the state for its retired employees or their depen-
23 dents, or both, amounts withheld from the retirement allowances of such
24 retired employees for their share of premium or subscription charges, if
25 any, shall, if the president so requires, be paid to such participating
26 employer which shall pay into the health insurance fund the full cost of
27 premium or subscription charges for the coverage of such retired employ-
28 ees and their dependents. Such election shall be exercised by the
29 adoption of a resolution by its governing body which, if required by law
30 to be approved by any other body or officer, shall have been so
31 approved.
32 4. Upon the retirement, on or after July first, nineteen hundred
33 sixty-five, of a state employee whose salary or compensation is paid
34 directly by the state, who is subject to a plan established by law,
35 rule, regulation, written order or written policy which provides for the
36 regular earning and accumulation of sick leave, and who is eligible to
37 continue coverage under the health [insurance] benefit plan after
38 retirement, the department [of civil service] shall determine, based on
39 the employee's age at the time of retirement, the actuarial equivalent
40 in monthly installments for the remaining life expectancy of such
41 retired employee, of the dollar value of the earned and accumulated but
42 unused sick leave standing to his or her credit at the time of retire-
43 ment, without interest. Such dollar value shall be based on the employ-
44 ee's salary at the time of retirement. In addition to regular employer
45 contributions, contributions in the amount of such monthly installments
46 shall be paid from the state's appropriation to the health insurance
47 fund and applied towards the charges for health [insurance] benefits on
48 account of such retired employee and his or her dependents, to the
49 extent necessary to pay such charges. The remaining amount, if any,
50 necessary to pay such charges shall be contributed by such retired
51 employee. On or after October first, nineteen hundred seventy when such
52 dollar value of such sick leave amounts to less than one hundred dollars
53 for a particular retired employee, in lieu of contributions which would
54 otherwise be required from such retired employee, additional contrib-
55 utions shall be paid for the state's appropriation to the health insur-
56 ance fund and applied towards the charges for health [insurance] bene-
S. 6606--B 145 A. 9706--C
1 fits on account of such retired employee and his or her dependents until
2 the sum of such additional contributions equals such dollar value of
3 such sick leave. The remaining amount, if any, necessary to pay such
4 charges shall be contributed by such retired employee. For purposes of
5 this subdivision, employees of the state colleges of agriculture, home
6 economics, industrial labor relations, and veterinary medicine, the
7 state agricultural experiment station at Geneva, and any other institu-
8 tion or agency under the management and control of Cornell university as
9 the representative of the board of trustees of the state university of
10 New York, and employees of the state college of ceramics under the
11 management and control of Alfred university as the representative of the
12 board of trustees of the state university of New York, shall be deemed
13 to be state employees whose salaries or compensation is paid directly by
14 the state.
15 5. Subject to such regulations as the president may prescribe, any
16 participating employer may elect to make additional contributions
17 towards charges for health [insurance] benefit coverage on account of
18 its retired employees and their dependents, based on the dollar value of
19 their sick leave accumulated but unused at the time of retirement. Such
20 election shall apply to employees in the service of the participating
21 employer who retire on or after the effective date of such election, who
22 are subject to a plan established by law, rule, regulation, written
23 order or written policy which provides for the regular earning and accu-
24 mulation of sick leave, and who are eligible to continue coverage under
25 the health [insurance] benefit plan after retirement. The participating
26 employer shall certify to the department [of civil service] the dollar
27 value of earned and accumulated but unused sick leave standing to the
28 credit of an employee at the time of his or her retirement. Additional
29 contributions shall be paid by such participating employer and applied
30 towards charges for health [insurance] benefits on account of its
31 retired employees and their dependents in the same manner as provided in
32 subdivision four of this section with respect to retired state employees
33 and their dependents.
34 6. There is hereby created a health insurance fund which shall be
35 available without fiscal year limitation for premium or subscription
36 charge payments, for payment of health benefits to plan participants,
37 and for administrative services under any contract or contracts
38 purchased in accordance with this article. The amounts withheld from
39 employees and retired employees under subdivision three of this section,
40 all amounts appropriated by the state to such health insurance fund, and
41 all amounts contributed by any participating employer pursuant to subdi-
42 vision two of this section, shall be credited to such health insurance
43 fund. The income derived from any dividends, premium rate adjustments or
44 other refunds under any such contract or contracts shall be credited to
45 such fund and retained therein as a special reserve for adverse fluctu-
46 ation in future charges under any such contract or contracts. Any inter-
47 est earned by the investment of moneys in such health insurance fund
48 shall be added to such special reserve, become a part of such special
49 reserve, and be used for the purpose of such special reserve.
50 § 8. Section 167-a of the civil service law, as added by chapter 602
51 of the laws of 1966, is amended to read as follows:
52 § 167-a. Reimbursement for medicare premium charges. Upon exclusion
53 from the coverage of the health [insurance] benefit plan of supplementa-
54 ry medical insurance benefits for which an active or retired employee or
55 a dependent covered by the health [insurance] benefit plan is or would
56 be eligible under the federal old-age, survivors and disability insur-
S. 6606--B 146 A. 9706--C
1 ance program, an amount equal to the premium charge for such supplemen-
2 tary medical insurance benefits for such active or retired employee and
3 his or her dependents, if any, shall be paid monthly or at other inter-
4 vals to such active or retired employee from the health insurance fund.
5 Where appropriate, such amount may be deducted from contributions paya-
6 ble by the employee or retired employee; or where appropriate in the
7 case of a retired employee receiving a retirement allowance, such amount
8 may be included with payments of his or her retirement allowance.
9 Employer contributions to the health insurance fund shall be adjusted as
10 necessary to provide for such payments.
11 § 9. Section 168 of the civil service law, as amended by chapter 329
12 of the laws of 1960, subdivisions 1 and 2 as amended by chapter 585 of
13 the laws of 1968 and subdivision 3 as amended by chapter 198 of the laws
14 of 1966, is amended to read as follows:
15 § 168. Assessment of certain costs. 1. If the salary or compensation
16 of any officers and employees of the state is paid from a special or
17 administrative fund or funds, other than the state purposes fund or the
18 local assistance fund of the general fund of the state or the capital
19 construction fund or an income fund of the state university or the
20 mental hygiene services fund, such fund or funds shall be charged, and
21 there shall be paid therefrom as [hereinafter] provided in this section
22 the employer's share of the premium for the coverage of such officers
23 and employees under the health [insurance] benefit plan. If the amounts
24 appropriated or allocable from such special or administrative fund or
25 funds are insufficient for such purpose, the director of the budget is
26 hereby authorized to allocate such additional sums from such fund or
27 funds as may be necessary therefor; provided, however, that no transfer
28 shall be made between two or more of such funds. Such amounts shall be
29 paid, at such times as shall be required by the president, to the
30 commissioner of taxation and finance and shall be credited to the health
31 insurance fund to pay, or reimburse the health insurance fund for the
32 payment of, the employer's share of the premium for coverage of such
33 officers and employees under the health [insurance] benefit plan.
34 2. If the salary or compensation of any officers and employees of the
35 state is payable from a special or administrative fund or funds, other
36 than the state purposes fund or the local assistance fund of the general
37 fund of the state or the capital construction fund or an income fund of
38 the state university or the mental hygiene services fund, a propor-
39 tionate share of the expenses of administration of the health [insur-
40 ance] benefit plan, on account of coverage of such officers and employ-
41 ees, shall be payable from such fund or funds. If the amounts
42 appropriated or allocable from such special or administrative fund or
43 funds are insufficient for such purpose, the director of the budget is
44 hereby authorized to allocate such additional sums from such funds or
45 funds as may be necessary therefor; provided, however, that no transfer
46 shall be made between two or more of such funds. The proportionate share
47 of the expenses of administration of the health [insurance] benefit plan
48 chargeable pursuant to this subdivision to any special or administrative
49 fund shall be determined by the president and shall be payable at such
50 times as may be fixed by him or her. Such sums shall be payable to the
51 commissioner of taxation and finance and shall be applied to the
52 reimbursement of funds previously advanced for the expenses of adminis-
53 tration of the health [insurance] benefit plan.
54 3. (a) If the salary or compensation of any justices, judges, officers
55 and employees of the supreme court, surrogate's court, county court,
56 family court, civil court of the city of New York, criminal court of the
S. 6606--B 147 A. 9706--C
1 city of New York and district court in any county, officers and employ-
2 ees of the office of probation for the courts of New York city is not
3 paid in whole or in part from the treasury of the state, but is paid
4 directly from the treasury of a civil division, such civil division
5 shall be required to pay the employer's share of the premium charges for
6 the coverage of such justices, judges, officers and employees under the
7 state health [insurance] benefit plan. The appropriate fiscal officer of
8 such civil division shall deduct from the salary or wages paid to such
9 justices, judges, officers and employees the sums required to be paid by
10 them under such plan. Such deductions and the corresponding employer's
11 share of premium charges shall be paid, at such times as required by the
12 president, to the commissioner of taxation and finance and shall be
13 credited to the health insurance fund.
14 (b) If the salary or compensation of any retired justices, judges,
15 officers and employees of the supreme court, surrogate's court, county
16 court, family court, civil court of the city of New York, criminal court
17 of the city of New York and district court in any county, officers and
18 employees of the office of probation for the courts of New York city
19 prior to retirement was not paid in whole or in part from the treasury
20 of the state but was paid directly from the treasury of a civil divi-
21 sion, such civil division shall be required to pay the employer's share
22 of the premium charges for the coverage of such retired justices, judg-
23 es, officers and employees under the state health [insurance] benefit
24 plan. If such retired justices, judges, officers and employees are
25 receiving retirement allowances from a pension or retirement plan or
26 system administered by such civil division, the amounts required to be
27 paid by such retired justices, judges, officers and employees as their
28 share of premium charges shall be deducted from their retirement allow-
29 ances. Such deductions and the employer's share of premium charges shall
30 be paid, at such times as required by the president, to the commissioner
31 of taxation and finance and shall be credited to the health insurance
32 fund.
33 (c) Any civil division required by this subdivision to pay the employ-
34 er's share of the premium charges for the coverage of active or retired
35 justices, judges, officers and employees of the supreme court, surro-
36 gate's court, county court, family court, civil court of the city of New
37 York, criminal court of the city of New York and district court in any
38 county, officers and employees of the office of probation for the courts
39 of New York city shall also be assessed and required to pay a propor-
40 tionate share of the expenses of administration of the health [insur-
41 ance] benefit plan in such amounts and at such times as determined by
42 the president. Such sums shall be payable to the commissioner of taxa-
43 tion and finance and shall be applied to the reimbursement of funds
44 previously advanced for the expenses of administration of the health
45 [insurance] benefit plan.
46 § 10. Subdivisions 1 and 3 of section 161-a of the civil service law,
47 subdivision 1 as amended by chapter 302 of the laws of 1985 and subdivi-
48 sion 3 as added by chapter 307 of the laws of 1979, are amended to read
49 as follows:
50 1. Where, and to the extent that, an agreement between the state and
51 an employee organization entered into pursuant to article fourteen of
52 this chapter provides for health [insurance] benefits, the president,
53 after receipt of written directions from the director of employee
54 relations, shall implement the provisions of such agreement consistent
55 with the terms thereof and to the extent necessary shall adopt regu-
56 lations providing for the benefits to be thereunder provided. The presi-
S. 6606--B 148 A. 9706--C
1 dent, with the approval of the director of the budget, may extend such
2 benefits, in whole or in part, to employees not subject to the
3 provisions of such agreement.
4 3. There is hereby created a council on employee health insurance to
5 supervise the administration of changes to the health [insurance] bene-
6 fit plan negotiated in collective negotiations and to provide continuing
7 policy direction to insurance plans administered by the state the
8 provisions of any other law to the contrary notwithstanding. The council
9 shall consist of the president [of the civil service commission], the
10 director of the division of the budget, and the director of employee
11 relations.
12 § 11. Paragraph (a) of subdivision 1 of section 11 of the civil
13 service law, as amended by chapter 299 of the laws of 1968, is amended
14 to read as follows:
15 (a) The term "expenses of administration" means the total cost of
16 administration of the department [of civil service], excluding costs of
17 providing services to municipalities and costs of administration of the
18 health [insurance] benefit plan, and excluding costs of special programs
19 or activities of the department as may be determined by the president,
20 subject to approval of the director of the budget, which do not serve
21 generally all state departments and agencies under the jurisdiction of
22 the department;
23 § 12. Section 158 of the civil service law, as added by chapter 1047
24 of the laws of 1973, subdivision 1 as amended by section 4 of part C of
25 chapter 56 of the laws of 2006, is amended to read as follows:
26 § 158. Group term life insurance plan and group accident and health
27 [insurance] benefit plan. 1. The president, subject to the provisions of
28 this section, is hereby empowered to establish regulations relating to,
29 and to enter into and administer contracts providing for, a group term
30 life insurance plan, and a group accident and health [insurance] benefit
31 plan on behalf of legislators, employees of the legislature hired on an
32 annual basis, judges and justices of the unified court system, and state
33 employees and retired employees who, for the purposes of article four-
34 teen of this chapter, have been for a period of time prescribed by the
35 regulations and, except for such retirees, continue to be in positions
36 designated as managerial or confidential positions. The president may
37 authorize the inclusion in the plan of such employees and retired
38 employees of other governments or public employers as defined in subdi-
39 vision [seven] six of section two hundred one of this chapter. The pres-
40 ident may adopt whatever other regulations which may be necessary to
41 fulfill the intentions of this section. No regulation shall be adopted,
42 repealed or amended, and no other action taken with respect to such
43 employees affecting the amount of, or eligibility for, benefits or rates
44 of contribution under this section without the approval of the director
45 of employee relations.
46 The full costs of any insurance program or programs established pursu-
47 ant to this subdivision, excluding administrative costs, shall be borne
48 by insureds and retirees. Any interest earned by the moneys in the life
49 insurance fund shall be added to such fund, become a part of such fund,
50 be used for the purpose of such fund, and be available without fiscal
51 year limitation.
52 2. The regulations of the president authorized by this section shall
53 provide that the entire cost of premiums or subscription charges for
54 coverage under the insurance plans established pursuant to such regu-
55 lations shall be borne by the employees electing such coverage. Such
56 regulations may provide for the allocation of any administrative
S. 6606--B 149 A. 9706--C
1 expenses, other than those of the insurer, among employers or employees
2 or retired employees participating in such coverage.
3 § 13. Subdivision 1 of section 174 of the civil service law, as added
4 by chapter 585 of the laws of 1998, is amended to read as follows:
5 1. All persons who, as of the effective date of this article, are or
6 shall become eligible to participate in the state health [insurance]
7 benefit plan established under article eleven of this chapter, shall be
8 eligible to participate in the long term care insurance plan established
9 under this article. The president shall adopt regulations prescribing
10 the conditions under which an eligible individual may elect to partic-
11 ipate in the long term care insurance plan.
12 § 14. The article heading of article 11 of the civil service law, as
13 added by chapter 461 of the laws of 1956 and such article as renumbered
14 by chapter 790 of the laws of 1958, is amended to read as follows:
15 HEALTH [INSURANCE] BENEFITS FOR STATE AND RETIRED STATE EMPLOYEES
16 § 15. Subparagraph (i) of paragraph f of subdivision 2 of section 5 of
17 the state finance law, as added by section 1 of part E of chapter 56 of
18 the laws of 2000, is amended to read as follows:
19 (i) in the unclassified service of the state and, notwithstanding any
20 other provision of law to the contrary, shall be designated managerial
21 and, as such, eligible for benefits provided by subdivision two of
22 section eleven and subdivision (a) of section twelve of chapter four
23 hundred sixty of the laws of nineteen hundred eighty-two, as amended;
24 section one hundred fifty-eight of the civil service law; eligible to
25 participate in the state deferred compensation plan, the New York state
26 and local employees' retirement system; the health [insurance] benefit
27 plan for state employees; and subject to coverage under sections seven-
28 teen and eighteen of the public officers law, or
29 § 16. Subdivisions 1 and 3 of section 99-c of the state finance law,
30 as added by chapter 55 of the laws of 1977, are amended to read as
31 follows:
32 1. In the event a county, city, town, village or school district which
33 has elected to receive distribution or distributions from the health
34 insurance reserve receipts fund, pursuant to an agreement between such
35 municipality or school district and the state and which has elected to
36 terminate its contractual agreement for health [insurance] benefits with
37 the New York state department of civil service, or if called upon by the
38 New York state department of civil service, pursuant to such agreement,
39 to return such distribution within the time period and under the condi-
40 tions specified in such agreement, shall be in default of its obligation
41 to repay such distribution, the allotment, apportionment, and payment of
42 local assistance aid, education aid or other state aid as appropriate
43 and as determined by the comptroller shall be withheld by the state upon
44 the following terms and conditions.
45 3. Notwithstanding any inconsistent provisions of law, the comptroller
46 shall establish a fund, to be called the health insurance reserve
47 receipts fund, to receive transfers of funds from the health insurance
48 carriers or the plan administrator or administrators of the New York
49 state employee health [insurance] benefit plan, pursuant to contractual
50 agreements between such carriers and the New York state department of
51 civil service and/or from the health insurance fund. Moneys returned by
52 the municipalities and school districts or withheld from state aid by
53 the comptroller pursuant to provisions governing termination of the
54 contractual agreements shall be deposited in this fund. Disbursements
55 from the health insurance reserve receipts fund shall be [for the
56 purpose of returning to participating governments and school districts
S. 6606--B 150 A. 9706--C
1 the appropriate share of moneys remitted by such health insurance carri-
2 ers and/or] for the purpose of remitting to the carriers any moneys due
3 them as a result of termination of the state's contract with the carri-
4 ers or termination of agreements between the state and municipalities
5 and school districts and/or for the purpose of transferring funds to the
6 health insurance fund. Disbursements from such fund shall be made pursu-
7 ant to the procedures for authorization of expenditures contained in
8 article [XI] eleven of the civil service law upon the issuance of a
9 certificate of approval of availability by the director of the budget
10 and subject to audit and warrant of the comptroller.
11 § 17. Subdivision 2 of section 9.09 of the parks, recreation and
12 historic preservation law is amended to read as follows:
13 2. For the purposes of eligibility for participation in the state
14 health [insurance] benefit plan under article eleven of the civil
15 service law and for survivor's benefits for active and retired state
16 employees [as provided by sections one hundred fifty-four and one
17 hundred fifty-five of the civil service law], employees of the commis-
18 sion, to the extent to which the compensation paid for their services is
19 derived from funds appropriated by this state, shall be deemed to be
20 employees of this state and qualified for such participation and bene-
21 fits. For the purpose of determining their rights under the [workmen's]
22 workers' compensation law of this state, employees of the commission
23 employed wholly or partly in this state shall be deemed to be employees
24 of this state provided, however, that the amount of any payment made
25 under such compensation law to an employee of the commission employed
26 only partly in this state shall be only in such proportion as the amount
27 of his or her salary paid by the state of New York shall bear to his or
28 her total salary.
29 § 18. Subsection (b) of section 1101 of the insurance law is amended
30 by adding a new subparagraph 6 to read as follows:
31 (6) Notwithstanding the foregoing, the election by the president of
32 the civil service commission to provide health benefits directly to New
33 York state health benefit plan participants shall not constitute the
34 doing of insurance business within the meaning of article eleven of the
35 insurance law.
36 § 19. This act shall take effect immediately and shall be deemed to
37 have been in full force and effect on and after April 1, 2010.
38 PART U
39 Section 1. Section 167-a of the civil service law, as added by chapter
40 602 of the laws of 1966, is amended to read as follows:
41 § 167-a. Reimbursement for medicare premium charges. Upon exclusion
42 from the coverage of the health insurance plan of supplementary medical
43 insurance benefits for which an active or retired employee or a depend-
44 ent covered by the health insurance plan is or would be eligible under
45 the federal old-age, survivors and disability insurance program, an
46 amount equal to the premium charge for such supplementary medical insur-
47 ance benefits for such active or retired employee and his or her depen-
48 dents, if any, shall be paid monthly or at other intervals to such
49 active or retired employee from the health insurance fund. Where appro-
50 priate, such amount may be deducted from contributions payable by the
51 employee or retired employee; or where appropriate in the case of a
52 retired employee receiving a retirement allowance, such amount may be
53 included with payments of his or her retirement allowance. [Employer]
54 All state employer, employee, retired employee and dependent contrib-
S. 6606--B 151 A. 9706--C
1 utions to the health insurance fund shall be adjusted as necessary to
2 cover the cost of reimbursing federal old-age, survivors and disability
3 insurance program premium charges under this section. This cost shall
4 be included in the calculation of premium or subscription charges for
5 health coverage provided to state employees and retired state employees;
6 provided, however, the state shall remain obligated to pay no less than
7 its share of such increased cost consistent with its share of premium or
8 subscription charges provided for by this article. All other employer
9 contributions to the health insurance fund shall be adjusted as neces-
10 sary to provide for such payments.
11 § 2. This act shall take effect immediately and shall be deemed to
12 have been in full force and effect on and after April 1, 2010.
13 PART V
14 Intentionally omitted.
15 PART W
16 Section 1. (a) The purpose of this act is to provide for an orderly
17 transfer of responsibilities relating to real property tax adminis-
18 tration to the commissioner of taxation and finance and the department
19 of taxation and finance, from the state board of real property services
20 and the state office of real property services.
21 (b) Wherever the terms "state board of real property services," "state
22 board" or "state office of real property services" appear in the real
23 property tax law, such terms are hereby changed to "commissioner",
24 provided that in sections 204, 206, 208, 614, 816, 818, 1253 and 1263 of
25 the real property tax law, such terms shall be changed to "state board
26 of real property tax services," and provided further that the text of
27 sections 200, 202, 216, 489-o, 489-11, 1210 and 1218 of the real proper-
28 ty tax law shall be changed only as provided by the ensuing provisions
29 of this act, and provided further that the provisions of this subdivi-
30 sion shall not apply to the text of sections 200-a, 201 and 203 of the
31 real property tax law as added by sections five and seven of this act.
32 (c) Wherever the terms "state board of real property services," "state
33 board" or "state office of real property services" appear in the tax
34 law, such terms are hereby changed to "commissioner", provided further
35 that the text of subdivision (e) of section 15, paragraph 5 of subdivi-
36 sion (b) of section 22, subdivision 25th of section 171 and sections
37 171-o, 697, and 1564 of the tax law shall only be changed to the extent
38 provided by the ensuing provisions of this act.
39 (d) Wherever the term "state board of real property services" or
40 "state office of real property services" appears in the consolidated or
41 unconsolidated laws of this state other than the real property tax law
42 or the tax law, such term is hereby changed to "commissioner of taxation
43 and finance". Wherever the term "state board of real property services"
44 is followed by the term "state board" in such a statute, such term is
45 hereby changed to "commissioner".
46 (e) The legislative bill drafting commission is hereby directed to
47 effectuate this provision, and shall be guided by a memorandum of
48 instruction setting forth the specific provisions of law to be amended.
49 Such memorandum shall be transmitted to the legislative bill drafting
50 commission within sixty days of enactment of this provision. Such memo-
51 randum shall be issued jointly by the governor, the temporary president
S. 6606--B 152 A. 9706--C
1 of the senate, and the speaker of the assembly, or by the delegate of
2 each.
3 § 2. Paragraph (c) of subdivision 1 of section 169 of the executive
4 law, as amended by chapter 634 of the laws of 1998, is amended to read
5 as follows:
6 (c) commissioner of agriculture and markets, commissioner of alcohol-
7 ism and substance abuse services, adjutant general, commissioner and
8 president of state civil service commission, commissioner of economic
9 development, chair of the energy research and development authority,
10 [executive director of the board of real property services,] president
11 of higher education services corporation, commissioner of motor vehi-
12 cles, member-chair of board of parole, director of probation and correc-
13 tional alternatives, chair of public employment relations board, secre-
14 tary of state, chair of the state racing and wagering board,
15 commissioner of alcoholism and substance abuse services, executive
16 director of the housing finance agency, commissioner of housing and
17 community renewal, executive director of state insurance fund, commis-
18 sioner-chair of state liquor authority, chair of the workers' compen-
19 sation board;
20 § 3. Subdivision 18 of section 102 of the real property tax law, as
21 amended by chapter 385 of the laws of 1994, is amended and two new
22 subdivisions 5-a and 9-b are added to read as follows:
23 18. "State board" or "board" means the state board of real property
24 tax services.
25 5-a. "Commissioner" means the commissioner of taxation and finance.
26 9-b. "Department" means the department of taxation and finance.
27 § 4. Sections 201, 210, 212 and 214 of the real property tax law are
28 REPEALED.
29 § 4-a. Section 200 of the real property tax law, as amended by chapter
30 403 of the laws of 1997, is amended to read as follows:
31 § 200. State board. There is hereby created in the [executive]
32 department of taxation and finance a separate and independent state
33 board of real property tax services, to consist of five members to be
34 appointed by the governor, by and with the advice and consent of the
35 senate. Of those five members appointed by the governor, one such person
36 shall be an individual actively engaged in the commercial production for
37 sale of agricultural crops, livestock and livestock products of an aver-
38 age gross sales value of ten thousand dollars or more. Said individual
39 shall be appointed in the first instance to a term of eight years upon
40 expiration of an existing term. Said initial term shall commence on the
41 first day of January next succeeding the year in which the existing term
42 shall expire. The governor shall designate one of the members as the
43 chairman of the board, who shall serve as chairman at the pleasure of
44 the governor. The members of the board shall be appointed for terms of
45 eight years, commencing on the first day of January next following the
46 year in which the term of his predecessor expired, except that the terms
47 of the members first appointed shall expire as follows: one on December
48 thirty-first, nineteen hundred sixty-one, one on December thirty-first,
49 nineteen hundred sixty-three, one on December thirty-first, nineteen
50 hundred sixty-five, one on December thirty-first, nineteen hundred
51 sixty-seven, and one on December thirty-first, nineteen hundred eighty-
52 two. Vacancies occurring otherwise than by expiration of term shall be
53 filled for the unexpired term. All members shall receive necessary
54 expenses incurred in the performance of their duties.
55 § 5. The real property tax law is amended by adding a new section 201
56 to read as follows:
S. 6606--B 153 A. 9706--C
1 § 201. Assumption of responsibilities by the department of taxation
2 and finance. 1. On and after the effective date of this section, the
3 functions, powers and duties of the state board of real property
4 services as formerly established by this chapter shall be considered
5 functions, powers and duties of the commissioner of taxation and
6 finance, except to the extent provided by section two hundred-a of this
7 article.
8 2. On and after the effective date of this section, the functions,
9 powers and duties of the office of real property services as formerly
10 established by this chapter shall be considered functions, powers and
11 duties of the commissioner of taxation and finance.
12 3. Notwithstanding any other provision of law, rule, or regulation to
13 the contrary, upon the transfer of functions from the office of real
14 property services to the department of taxation and finance pursuant to
15 this section, all employees of the office of real property services
16 substantially engaged in the performance of the transferred functions
17 shall be transferred to the department of taxation and finance. Employ-
18 ees transferred pursuant to this section shall be transferred without
19 further examination or qualification and shall retain their respective
20 civil service classifications, status and collective bargaining unit
21 designations and collective bargaining agreements.
22 4. All books, papers, and property of the office of real property
23 services shall be delivered to the commissioner. All books, papers, and
24 property of the office of real property services shall continue to be
25 maintained by the department.
26 5. For the purpose of succession of all functions, powers, duties and
27 obligations transferred and assigned to, devolved upon and assumed by it
28 pursuant to this section, the department shall be deemed and held to
29 constitute the continuation of the office of real property services.
30 6. Any business or other matter undertaken or commenced by the state
31 board of real property services, the office of real property services or
32 the executive director thereof pertaining to or connected with the func-
33 tions, powers, obligations and duties hereby transferred and assigned to
34 the commissioner or the department and pending on the effective date of
35 this section, may be conducted and completed by the commissioner or the
36 department in the same manner and under the same terms and conditions
37 and with the same effect as if conducted and completed by the state
38 board of real property services, the office of real property services or
39 its executive director.
40 7. (a) All rules, regulations, acts, orders, determinations, and deci-
41 sions of the state board of real property services or the office of real
42 property services, in force at the time of such transfer and assumption,
43 shall continue in full force and effect as rules, regulations, acts,
44 orders, determinations and decisions of the department until duly modi-
45 fied or abrogated by the commissioner or the department.
46 (b) All acts, orders, determinations, and decisions of the state board
47 of real property services pertaining to the functions and powers
48 provided in section two hundred-a of this article shall continue in full
49 force and effect as acts, orders, determinations and decisions of the
50 state board of real property tax services.
51 8. Whenever the state board of real property services, the office of
52 real property services or its executive director is referred to or
53 designated in any law, contract or document pertaining to the functions,
54 powers, obligations and duties hereby transferred to and assigned to the
55 commissioner or the department, such reference or designation shall be
S. 6606--B 154 A. 9706--C
1 deemed to refer to the commissioner or department, as applicable or
2 indicated by the context.
3 9. No existing right or remedy of any character shall be lost,
4 impaired or affected by any provisions of this section.
5 10. No action or proceeding pending on the effective date of this
6 section, brought by or against the state board of real property
7 services, the office of real property services or its executive director
8 shall be affected by any provision of this section, but the same may be
9 prosecuted or defended in the name of the commissioner or the depart-
10 ment. In all such actions and proceedings, the commissioner, upon appli-
11 cation of the court, shall be substituted as a party.
12 11. All appropriations or reappropriations made to the office of real
13 property services to the extent of remaining unexpended or unencumbered
14 balance thereof, whether allocated or unallocated and whether obligated
15 or unobligated, are hereby transferred to and made available for use and
16 expenditure by the department subject to the approval of the director of
17 the budget for the same purposes for which originally appropriated or
18 reappropriated and shall be payable on vouchers certified or approved by
19 the commissioner on audit and warrant of the comptroller.
20 12. All assets and liabilities of the office of real property services
21 are hereby transferred to and assumed by the department.
22 § 6. Section 202 of the real property tax law, paragraph (c) of subdi-
23 vision 1 as amended by chapter 615 of the laws of 1972, paragraph (h) of
24 subdivision 1 as amended by chapter 261 of the laws of 1992, paragraph
25 (k) of subdivision 1 as amended, paragraph (m) of subdivision 1 as added
26 and paragraph (n) of subdivision 1 as relettered by chapter 833 of the
27 laws of 1960, paragraph (o) of subdivision 1 as added by chapter 716 of
28 the laws of 1990, paragraph (p) of subdivision 1 as added by chapter 166
29 of the laws of 1991, paragraph (q) of subdivision 1 as added by chapter
30 450 of the laws of 2004, subdivision 1-a as added by chapter 739 of the
31 laws of 1978, subdivision 1-b as added by chapter 237 of the laws of
32 1995, subdivision 2 as added by chapter 522 of the laws of 1981, the
33 opening paragraph of subdivision 2 as amended by chapter 385 of the laws
34 of 1994, and paragraph (a) of subdivision 2 as amended by chapter 776 of
35 the laws of 1988, is amended to read as follows:
36 § 202. Powers and duties of [state board] the commissioner in relation
37 to real property tax administration. 1. The [board] commissioner shall:
38 (a) Assess special franchises;
39 (b) Establish state equalization rates for each county, city, town and
40 village;
41 [(c) Hear and determine reviews relating to determinations made by
42 county equalization agencies;
43 (d)] (c) Approve assessments of state lands subject to taxation;
44 [(e)] (d) Have general supervision of the function of assessing
45 throughout the state;
46 [(f)] (e) Investigate, from time to time, the methods of assessment
47 throughout the state, and confer with, advise and assist assessors and
48 other officials whose duties relate to assessments;
49 [(g)] (f) Furnish assessors with such information and instructions as
50 may be necessary or proper to aid them in making assessments, which
51 instructions shall be followed and compliance with which may be enforced
52 by [the board] him or her;
53 [(h)] (g) Prescribe, and in [its] his or her discretion furnish to
54 assessors at the expense of the state, forms relating to assessments,
55 including applications for exemption from real property taxation, which
56 forms shall be used by the assessors and applicants for an exemption
S. 6606--B 155 A. 9706--C
1 granted pursuant to this or any other chapter, and the use of which
2 shall be enforced by the [board] commissioner;
3 [(i)] (h) Obtain from state and local officers, bodies or other agen-
4 cies such information as may be necessary for the proper discharge of
5 [its] the duties conferred upon him or her in relation to real property
6 tax administration, which information shall be furnished on his or her
7 demand [of the state board];
8 [(j)] (i) Inquire into the provisions of the laws of other states and
9 confer with the appropriate officials thereof regarding the most effec-
10 tual and equitable methods of assessing and taxing real property;
11 [(k)] (j) Prepare an annual report to the legislature which shall
12 include therein recommendations concerning amendments to existing law
13 and such other information as [it] he or she may deem advisable;
14 [(l)] (k) Adopt and amend such rules, regulations, orders and determi-
15 nations, not inconsistent with law, as may be necessary for the exercise
16 of [its] his or her powers and the performance of [its] his or her
17 duties under this chapter;
18 [(m)] (l) Establish railroad ceilings for railroad real property;
19 [(n)] (m) Exercise and perform such other powers and duties as may be
20 conferred or imposed on [it] him or her by law.
21 [(o) monitor] (n) Monitor the quality of local assessment practices by
22 individual assessing units.
23 [(p) impose,] (o) Impose, collect and receive such charges or fees as
24 may be authorized by statute.
25 [(q)] (p) Promulgate rules and regulations for the ascertainment and
26 reporting of "assessment record billing owner" information, as defined
27 in section one hundred three of the eminent domain procedure law, for
28 the purposes of the administration of [said] such law.
29 [1-a] 2. In any instance where an assessing unit has acted pursuant
30 to the rules, regulations, orders, determinations or instructions of the
31 [state board] commissioner acting pursuant to the authority conferred
32 upon him or her by this chapter, and such action is the subject of a
33 judicial review, the [state board] commissioner may upon request of the
34 assessing unit assist such assessing unit by the filing of a brief
35 amicus curiae or through such other means as may be appropriate.
36 [1-b] 3. The [state board] commissioner may adopt rules and regu-
37 lations, as necessary, to implement the computerized statewide school
38 district address match and income verification system set forth in
39 section one hundred seventy-one of the tax law.
40 [2. The members of the board, or a majority thereof, shall act as a
41 body when determining reviews relating to county equalization rates and
42 adopting and amending rules, regulations and orders in accordance with
43 law. The board may by resolution delegate to any officer or employee of
44 the office of real property services any other power or duty to be exer-
45 cised or performed by it under this chapter or any other law subject to
46 the following:
47 (a) Any resolution which delegates powers and duties relating to the
48 assessment of special franchises, the approval of assessments of state
49 lands subject to taxation, and the establishment of state equalization
50 rates pursuant to article twelve of this chapter shall be adopted annu-
51 ally. Any such resolution shall specify the assessment rolls for which
52 said delegation is made and shall set forth the full value standard
53 which shall be used. However, no such resolution may delegate the power
54 to make a final determination in a matter in which a complaint has been
55 filed pursuant to articles six and twelve of this chapter; provided,
56 however, that the power to adjust a final special franchise assessment
S. 6606--B 156 A. 9706--C
1 which is affected by a special equalization rate established pursuant to
2 section twelve hundred twenty-two of this chapter may be delegated
3 whether or not a complaint has been filed pursuant to article six of
4 this chapter. The executive director shall report to the members of the
5 board all actions taken pursuant to any such resolution within ten days
6 of taking said actions. Within ten days of receipt of the report of the
7 executive director, if any member of the board has an objection, a meet-
8 ing of the board shall be convened for the purpose of considering the
9 objection. Failure to make a report shall not, however, affect the
10 legality of any such actions.
11 (b) Any resolution which delegates powers and duties relating to the
12 establishment of special state equalization rates pursuant to sections
13 eight hundred six and thirteen hundred fourteen of this chapter and
14 special equalization ratios pursuant to articles twelve-A and twelve-B
15 of this chapter and certifications of changes in the level of assessment
16 pursuant to this chapter or any other law shall prescribe the policies
17 or criteria to be observed in the exercise of such powers and duties by
18 the officer or employee to whom they are delegated. However, no such
19 resolution may delegate the power to make a final determination in a
20 matter in which a complaint has been filed pursuant to articles twelve-A
21 and twelve-B of this chapter.]
22 4. Any records that come into the commissioner's custody in the course
23 of discharging the duties imposed upon him or her by this chapter shall
24 be subject to public access to the full extent provided by this chapter
25 and the public officers law, and shall not be subject to the secrecy
26 provisions of the tax law.
27 § 7. The real property tax law is amended by adding two new sections
28 200-a and 203 to read as follows:
29 § 200-a. Powers of the state board of real property tax services. 1.
30 The powers, functions, duties, and obligations of the state board of
31 real property tax services shall be separate from and independent of the
32 authority of the department of taxation and finance. Such board shall be
33 empowered to adopt such guidelines as may be necessary for the effective
34 management of its decision-making process.
35 2. The state board of real property tax services shall have the
36 following powers in relation to real property tax administration:
37 (a) The power to determine the final special franchise value, special
38 franchise assessment, railroad ceiling, state equalization rate or any
39 other equalization product established pursuant to this chapter for
40 which a complaint has been filed, as provided by sections four hundred
41 eighty-nine-o, four hundred eighty-nine-ll, six hundred fourteen, twelve
42 hundred ten, twelve hundred fifty-three, and twelve hundred sixty-three
43 of this chapter;
44 (b) The power to hear and determine reviews relating to determinations
45 made by county equalization agencies, as provided by sections eight
46 hundred sixteen and eight hundred eighteen of this chapter.
47 3. The provisions of section five hundred twenty-five of this chapter
48 shall apply so far as practicable to a hearing conducted by the board of
49 real property tax services pursuant to this chapter.
50 § 203. Office of real property tax services. There is hereby created
51 within the department of taxation and finance an office of real property
52 tax services. The head of the office shall be a deputy commissioner for
53 real property tax services, who shall also be the executive officer for
54 and secretary of the state board of real property tax services. The
55 deputy commissioner for real property tax services shall be appointed by
56 the governor. He or she shall exercise such powers and duties in
S. 6606--B 157 A. 9706--C
1 relation to real property tax administration as may be delegated to him
2 or her by the commissioner, shall report directly to the commissioner on
3 the activities of the office, and shall hold office at the pleasure of
4 the commissioner. The commissioner may appoint such officers, employees,
5 agents, consultants and special committees as he or she may deem neces-
6 sary to carry out the provisions of this chapter, and shall prescribe
7 their duties.
8 § 8. Section 216 of the real property tax law, as added by chapter 490
9 of the laws of 1988, subdivision 5 as amended by chapter 529 of the laws
10 of 1990, is amended to read as follows:
11 § 216. Powers of [board] commissioner upon neglect or refusal of offi-
12 cials to perform duties. 1. Whenever it appears to the satisfaction of
13 the [state board] commissioner that any assessor or other public offi-
14 cer, employee or board of assessment review whose duties relate directly
15 to real property tax administration has failed to comply with the
16 provisions of this chapter or any other law relating to such duties, or
17 the rules and regulations of the [board] commissioner made pursuant
18 thereto, after a hearing on the facts, the [board] commissioner may
19 issue an order directing such assessor, officer, employee or board of
20 assessment review to comply with such law, rule or regulation.
21 2. If any assessor or other public officer, employee or board of
22 assessment review whose duties relate directly to real property tax
23 administration shall [wilfully] willfully and intentionally refuse or
24 neglect to perform any duty or do any act required by or pursuant to
25 this chapter, in addition to any other penalty provided by law, such
26 assessor, public officer, employee or member of a board of assessment
27 review shall forfeit to the municipal corporation of which such asses-
28 sor, public officer, employee or member is an officer a sum not to
29 exceed fifty dollars for each [wilful] willful and intentional
30 violation, which may be recovered by the [state board] commissioner.
31 3. Where a property owner is, in a proceeding conducted pursuant to
32 this section, found to be directly affected by the violation of state
33 law or rule, the [board] commissioner in its order shall establish
34 procedures by which an assessor, officer, employee or board of assess-
35 ment review whose duties relate directly to real property tax adminis-
36 tration, whether or not a party to the proceeding, shall remedy the
37 failure to comply with such state law or rules with respect to an
38 assessment roll filed not more than three years prior to the commence-
39 ment of the proceeding. Such remedy may include reconvening the board of
40 assessment review, identifying the class of persons eligible to complain
41 when the board of assessment review reconvenes, and issuing instructions
42 to such board of assessment review on the law and any documentation
43 required of eligible complainants in relation to the findings of the
44 [state board] commissioner. A copy of such order shall be mailed to such
45 assessor, officer, employee or board of assessment review and to each
46 municipal corporation which utilizes such assessment roll. Such order
47 shall, where appropriate, require the assessing unit to mail a copy of
48 the order to each eligible complainant whose name and address is readily
49 ascertainable from the record of the proceeding.
50 4. (a) Where the [state board] commissioner has ordered the board of
51 assessment review to reconvene to receive complaints, a copy of the
52 order shall be mailed by the assessing unit to each eligible complain-
53 ant, which mailing shall be accompanied by the form prescribed by the
54 [state board] commissioner for complaints on tentative assessments or
55 such other form as may be prescribed [by the state board] for such
56 purpose. Included with such order and form shall be a notice stating the
S. 6606--B 158 A. 9706--C
1 date, time and place at which the board of assessment review will recon-
2 vene. This material shall be mailed to the eligible complainant no later
3 than fifteen days prior to the meeting of the board of assessment
4 review. On the date and time specified in such notice, the board of
5 assessment review will reconvene to hear any complaints filed pursuant
6 to such order and shall have the powers and duties set forth in section
7 five hundred twenty-five of this chapter, except that it may receive
8 only complaints with respect to assessments of those parcels to which
9 the [state board's] commissioner's order applies. A petition for review
10 of the assessment of such property pursuant to either title one or one-A
11 of article seven of this chapter may be filed no later than thirty days
12 after the determination of the board of assessment review is mailed to
13 the petitioner, notwithstanding the provisions of section seven hundred
14 two or seven hundred thirty of this chapter.
15 (b) The assessor shall correct the assessment roll upon receipt of the
16 verified statement of changes from the board of assessment review. If
17 the assessor no longer has custody of the assessment roll when such
18 verified statement is received, he or she shall forward a copy of such
19 verified statement and a copy of the [state board's] commissioner's
20 order to the person having custody of the assessment roll or tax roll,
21 which person shall thereupon make the appropriate corrections. The
22 assessor shall also forward a copy of the verified statement of changes
23 to the clerk of each tax levying body which levies taxes on such assess-
24 ment roll.
25 (c) Where a tax, special assessment or special ad valorem levy has
26 been paid prior to the correction of the tax roll pursuant to this
27 section and the order of the board of assessment review results in a
28 reduction of the tax liability of a parcel, the tax levying body shall
29 refund to the person who paid such tax, special assessment or special ad
30 valorem levy the amount which exceeds the tax, special assessment, or
31 special ad valorem levy due upon the corrected tax roll. Any such refund
32 shall be a charge upon each municipal corporation or special district to
33 the extent that the taxes, special assessments or special ad valorem
34 levies were levied on its behalf or as is otherwise provided by law with
35 respect to Nassau and Suffolk counties; provided, however, that no
36 application need be made by the petitioner for such refund. The verified
37 statement of changes provided to the clerk of the tax district shall
38 constitute an application for refund for the purposes of this section.
39 Where a refund is not made within ninety days of the receipt of the
40 verified statement of changes, interest in the amount of one percent per
41 month shall be added to the amount to be refunded for each month or part
42 thereof in excess of ninety days and paid to the property owner.
43 (d) Where taxes, special assessments or special ad valorem levies have
44 been levied prior to the correction of the tax roll pursuant to this
45 section and the verified statement of changes of the board of assessment
46 review results in an increase in the tax liability of a parcel or the
47 imposition of a tax liability upon a parcel, the additional tax, special
48 assessment, or special ad valorem levy shall be levied, collected and
49 accounted for as provided in the [state board's] commissioner's order.
50 (e) The provisions of title three of article five of this chapter
51 shall apply as far as practicable to the correction of an assessment
52 roll or tax roll and, if applicable, to a refund of taxes pursuant to
53 this section; provided however that no application, except as provided
54 herein, need be made for such correction or refund.
55 5. If an assessor, or other public officer, employee or board of
56 assessment review whose duties relate directly to real property tax
S. 6606--B 159 A. 9706--C
1 administration fails or refuses to comply with the [state board's]
2 commissioner's order within ten days after service of such order or
3 within such time as is prescribed by the [state board] commissioner for
4 compliance with its order, the [state board] commissioner may commence a
5 special proceeding pursuant to article four of the civil practice law
6 and rules to compel compliance with such order. Such special proceeding
7 shall be commenced by the counsel to the [state board] department of
8 taxation and finance, except that the attorney general of the state
9 shall commence such proceeding on behalf of the [state board] department
10 if he or she deems it necessary.
11 § 9. Section 324 of the real property tax law is REPEALED.
12 § 10. Subparagraphs (iv) and (v) of paragraph (b) of subdivision 4 of
13 section 425 of the real property tax law, subparagraph (iv) as amended
14 by section 3 of part E of chapter 83 of the laws of 2002, subparagraph
15 (v) as amended by chapter 631 of the laws of 2006, are amended to read
16 as follows:
17 (iv) Effective with applications for the enhanced exemption on final
18 assessment rolls to be completed in two thousand three, the application
19 form shall indicate that the owners of the property and any owners'
20 spouses residing on the premises may authorize the assessor to have
21 their income eligibility verified annually thereafter by the state
22 department of taxation and finance, in lieu of furnishing copies of the
23 applicable income tax return or returns with the application. If the
24 owners of the property and any owners' spouses residing on the premises
25 elect to participate in this program, which shall be known as the STAR
26 income verification program, they must furnish their taxpayer identifi-
27 cation numbers in order to facilitate matching with records of the
28 department [of taxation and finance]. Thereafter, their income eligibil-
29 ity shall be verified annually by the [state] department [of taxation
30 and finance] and the assessor shall not request income documentation
31 from them, unless such department advises the assessor [through the
32 state board] that they do not satisfy the applicable income eligibility
33 requirements, or that it is unable to determine whether they satisfy
34 those requirements.
35 (v) (A) Except in the case of a city with a population of one million
36 or more, the assessor shall forward to the [state board] department, in
37 the time and manner required by the [state board] department, informa-
38 tion identifying the persons who have elected to participate in the STAR
39 income verification program. [The state board shall forward such infor-
40 mation to the department of taxation and finance in the manner provided
41 by the agreement executed pursuant to section one hundred seventy-one-o
42 of the tax law, and shall notify the assessor of the response or
43 responses it receives from such department pursuant to such agreement.]
44 After receiving [such] the department's response or responses, the
45 assessing authority shall cause notices to be mailed to participants as
46 provided by paragraph (b) of subdivision five of this section. Informa-
47 tion [obtained by the state board] provided to the department identify-
48 ing such persons, and responses obtained from such department shall be
49 confidential and shall not be subject to disclosure under article six of
50 the public officers law.
51 (B) In the case of a city of one million or more, the assessor shall
52 forward to the department of taxation and finance, in the time and
53 manner required by the department, information identifying the persons
54 who have elected to participate in the STAR income verification program.
55 The department shall advise the assessor of its findings in the manner
56 provided by the agreement executed pursuant to section one hundred
S. 6606--B 160 A. 9706--C
1 seventy-one-o of the tax law. After receiving such response or
2 responses, the assessing authority shall cause notices to be mailed to
3 participants as provided by paragraph (b) of subdivision five of this
4 section. Information [obtained by the state board] provided to the
5 department identifying such persons, and responses obtained from such
6 department shall be confidential and shall not be subject to disclosure
7 under article six of the public officers law.
8 § 11. The opening paragraph of paragraph (b) of subdivision 5 of
9 section 425 of the real property tax law, as amended by chapter 742 of
10 the laws of 2005, is amended to read as follows:
11 Informational notice for participants in the STAR income verification
12 program. In the case of a parcel which is owned by an owner or owners
13 who have elected to participate in the STAR income verification program,
14 the assessing authority shall cause a notice, preferably on a postcard,
15 to be mailed to such owner or owners after the assessor has been noti-
16 fied of their income eligibility by the department [of taxation and
17 finance through the state board]. Each such notice shall be mailed with-
18 out restrictions upon forwarding or delivery, and shall contain, in
19 language prescribed by the [state board] department, the substance of
20 one of the following statements, whichever is appropriate:
21 § 12. Paragraph (a) of subdivision 12 of section 425 of the real prop-
22 erty tax law, as amended by section 9 of part E of chapter 83 of the
23 laws of 2002, is amended to read as follows:
24 (a) Generally. In addition to discontinuing the exemption on the next
25 ensuing tentative assessment roll, if the assessor determines that the
26 property improperly received the exemption on one or more of the three
27 preceding assessment rolls, or is advised by the department [of taxation
28 and finance through the state board] that the applicable income standard
29 was not satisfied with regard to a property which received the enhanced
30 exemption on one or more of those rolls, he or she shall proceed to
31 revoke the improperly granted prior exemption or exemptions. If the
32 assessor is advised [through the state board] that the department [of
33 taxation and finance] was unable to verify the income eligibility of one
34 or more participants in the income verification program, the assessor
35 shall mail that person or those persons a notice in a form prescribed by
36 the [state board] department requesting that the person or persons docu-
37 ment their income in the same manner and to the same extent as if the
38 person or persons were submitting an initial application for the
39 enhanced STAR exemption. If such income documentation is not provided
40 within forty-five days of such request, or if the documentation provided
41 does not establish the eligibility of the person or persons to the
42 assessor's satisfaction, the assessor shall treat the exemption as an
43 improperly granted exemption and proceed in the manner provided by this
44 subdivision.
45 § 13. Section 489-o of the real property tax law, as added by chapter
46 86 of the laws of 1963, subdivision 2 as amended by chapter 735 of the
47 laws of 1983, and subdivision 3 as added by chapter 841 of the laws of
48 1986, is amended to read as follows:
49 § 489-o. Final determination of railroad ceiling; certificate. 1.
50 After the hearing provided for in section four hundred eighty-nine-n of
51 this [chapter] title, the state board of real property tax services
52 shall finally determine the railroad ceiling for the railroad real prop-
53 erty of each railroad company situated in each assessing unit. Whenever
54 upon complaint the state board shall revise the local reproduction cost
55 of a railroad company in an assessing unit, it shall revise the railroad
56 ceiling therefor to reflect such revision, but it shall not, on account
S. 6606--B 161 A. 9706--C
1 of such revision, modify any other determination with respect to the
2 railroad ceilings for such railroad company for such year. Notwith-
3 standing the fact that no complaint shall have been filed with respect
4 to a tentative determination of a railroad ceiling, the state board
5 shall give effect to any special equalization rate established, pursuant
6 to subdivision two of section four hundred eighty-nine-l of this [chap-
7 ter] title prior to the final determination of the railroad ceiling.
8 2. Not later than ten days before the last date prescribed by law for
9 the levy of taxes, the state board shall file a certificate setting
10 forth each railroad ceiling as finally determined with the assessor of
11 the appropriate assessing unit or the town or county assessor who
12 prepares a copy of the applicable part of the town or county assessment
13 roll for village tax purposes as provided in subdivision three of
14 section fourteen hundred two of this chapter, and at the same time
15 shall transmit to each railroad company for which such ceiling has been
16 determined a duplicate copy of such certificate.
17 3. Any final determination of a railroad ceiling by the state board
18 pursuant to subdivision one of this section shall be subject to judicial
19 review in a proceeding under article seventy-eight of the civil practice
20 law and rules.
21 § 14. Subdivision 1 of section 489-ll of the real property tax law, as
22 added by chapter 920 of the laws of 1977, is amended to read as follows:
23 1. After the hearing provided for in section four hundred eighty-
24 nine-kk of this [chapter] title, the state board of real property tax
25 services shall finally determine the railroad ceiling for the railroad
26 real property of each railroad company situated in each assessing unit.
27 Whenever upon complaint the state board shall revise the local reprod-
28 uction cost of a railroad company in an assessing unit, it shall revise
29 the appropriate railroad ceiling to reflect such revision, but it shall
30 not, on account of such revision, modify any other determination with
31 respect to the railroad ceilings for such railroad company for such
32 year. Notwithstanding the fact that no complaint shall have been filed
33 with respect to a tentative determination of a railroad ceiling, the
34 state board shall give effect to any special equalization rate estab-
35 lished pursuant to subdivision two of section four hundred eighty-nine-
36 jj of this [chapter] title prior to the final determination of the rail-
37 road ceiling.
38 § 15. Section 614 of the real property tax law is amended to read as
39 follows:
40 § 614. Determination of final assessment of special franchises.
41 After [the hearing of complaints, if any, as provided in] receiving the
42 commissioner's report regarding any complaint filed pursuant to section
43 six hundred twelve of this [chapter] article, the state board of real
44 property tax services shall determine the final assessment of each
45 special franchise.
46 § 16. Subdivision 2 of section 740 of the real property tax law, as
47 added by chapter 732 of the laws of 1983, is amended to read as follows:
48 2. A petition and notice shall be served by delivering two copies to
49 [a member of the state board] the commissioner or to an officer or
50 employee authorized by [the board] him or her to accept service, not
51 more than sixty days after the written notice of the final assessment
52 prescribed by section six hundred eighteen of this chapter has been
53 served. Where a proceeding is commenced by an assessing unit in which a
54 special franchise is situated, an additional copy shall be filed by the
55 petitioner with the owner of that special franchise. Where a proceeding
56 is commenced by a special franchise owner, the petitioner, within ten
S. 6606--B 162 A. 9706--C
1 days after service, shall file an additional copy with the clerk of the
2 city, town or village and with the clerk of the school district in which
3 that special franchise is situated except a school district governed by
4 the provisions of article fifty-two of the education law.
5 § 17. Section 1210 of the real property tax law, as amended by chapter
6 355 of the laws of 1990, is amended to read as follows:
7 § 1210. Establishment of final state equalization rates, class ratios
8 and class equalization rates. After [hearing the complaints, if any, as
9 provided in] receiving the commissioner's report regarding any complaint
10 filed pursuant to section twelve hundred eight of this [chapter] title,
11 the state board of real property tax services shall establish the final
12 state equalization rate, class ratios, and class equalization rates, if
13 required, for each city, town, village, special assessing unit, or
14 approved assessing unit or eligible non-assessing unit village which has
15 adopted the provisions of section nineteen hundred three of this chap-
16 ter.
17 § 18. Section 1218 of the real property tax law, as amended by chapter
18 685 of the laws of 2004, is amended to read as follows:
19 § 1218. Review of final determinations of state board of real property
20 tax services relating to state equalization rates. A final determination
21 of the state board of real property tax services relating to state
22 equalization rates may be reviewed by commencing an action in the appel-
23 late division of the supreme court in the manner provided by article
24 seventy-eight of the civil practice law and rules upon application of
25 the county, city, town or village for which the rate or rates were
26 established. The standard of review in such a proceeding shall be as
27 specified in subdivision four of section seventy-eight hundred three of
28 the civil practice law and rules. Whenever a final order is issued in
29 such a proceeding directing a revised state equalization rate, any coun-
30 ty, village or school district that used the former rate in the appor-
31 tionment of taxes must, upon receipt of such final order, recalculate
32 the levy that used such former rate and credit or debit as appropriate
33 its constituent municipalities in its next levy. Any special franchise
34 assessments that were established using the former rate must, upon
35 receipt of such final order, be revised by the state board in accordance
36 with the new rate, and, if taxes have already been levied upon such
37 assessments, the affected special franchise owners shall either automat-
38 ically receive a refund if there is a decrease or be taxed on an
39 increase in the next levy in the manner provided for omitted parcels in
40 title three of article five of this chapter.
41 § 19. Subdivision (e) of section 15 of the tax law, as amended by
42 chapter 161 of the laws of 2005, is amended to read as follows:
43 (e) Eligible real property taxes. The term "eligible real property
44 taxes" means taxes imposed on real property which is owned by the QEZE
45 and located in an empire zone with respect to which the QEZE is certi-
46 fied pursuant to article eighteen-B of the general municipal law,
47 provided such taxes are paid by the QEZE which is the owner of the real
48 property or are paid by a tenant which either (i) does not meet the
49 eligibility requirements under section fourteen of this article to be a
50 QEZE or (ii) cannot treat such payment as eligible real property taxes
51 pursuant to this paragraph and such taxes become a lien on the real
52 property during a taxable year in which the owner of the real property
53 is both certified pursuant to article eighteen-B of the general munici-
54 pal law and a qualified empire zone enterprise. In addition, "eligible
55 real property taxes" shall include taxes paid by a QEZE which is a
56 lessee of real property if the following conditions are satisfied: (1)
S. 6606--B 163 A. 9706--C
1 the taxes must be paid by the lessee pursuant to explicit requirements
2 in a written lease executed or amended on or after June first, two thou-
3 sand five, (2) such taxes become a lien on the real property during a
4 taxable year in which the lessee of the real property is both certified
5 pursuant to article eighteen-B of the general municipal law and a quali-
6 fied empire zone enterprise, and (3) the lessee has made direct payment
7 of such taxes to the taxing authority and has received a receipt for
8 such payment of taxes from the taxing authority. In addition, the term
9 "eligible real property taxes" includes payments in lieu of taxes made
10 by the QEZE to the state, a municipal corporation or a public benefit
11 corporation pursuant to a written agreement entered into between the
12 QEZE and the state, municipal corporation, or public benefit corpo-
13 ration. Provided, however, a payment in lieu of taxes made by the QEZE
14 pursuant to a written agreement executed or amended on or after January
15 first, two thousand one, shall not constitute eligible real property
16 taxes in any taxable year to the extent that such payment exceeds the
17 product of (A) the greater of (i) the basis for federal income tax
18 purposes, calculated without regard to depreciation, determined as of
19 the effective date of the QEZE's certification pursuant to article eigh-
20 teen-B of the general municipal law of real property, including build-
21 ings and structural components of buildings, owned by the QEZE and
22 located in empire zones with respect to which the QEZE is certified
23 pursuant to such article eighteen-B of the general municipal law, and
24 provided that if such basis is further adjusted or reduced pursuant to
25 any provision of the internal revenue code, the QEZE may petition the
26 department[,] and the department of economic development [and the office
27 of real property services] to disregard such reduction or adjustment for
28 the purpose of this subdivision or (ii) the basis for federal income tax
29 purposes of such real property described in clause (i) of this subpara-
30 graph, calculated without regard to depreciation, on the last day of the
31 taxable year, and provided that if such basis is further adjusted or
32 reduced pursuant to any provision of the internal revenue code, the QEZE
33 may petition the department, the department of economic development and
34 the office of real property services to disregard such reduction or
35 adjustment for the purpose of this subdivision; and (B) the estimated
36 effective full value tax rate within the county in which such property
37 is located, as most recently [reported to] calculated by the commission-
38 er [by the secretary of the state board of real property services, or
39 his or her designee]. The [state board] commissioner shall annually
40 calculate estimated effective full value tax rates within each county
41 for this purpose based upon the most current information available to
42 [it] him or her in relation to county, city, town, village and school
43 district taxes.
44 § 20. Paragraph 5 of subdivision (b) of section 22 of the tax law, as
45 amended by section 4 of part H of chapter 577 of the laws of 2004, is
46 amended to read as follows:
47 (5) Eligible real property taxes. The term "eligible real property
48 taxes" means taxes imposed on real property which consists of a quali-
49 fied site owned by the developer, provided such taxes become a lien on
50 the real property in a period during which the real property is a quali-
51 fied site. In addition, the term "eligible real property taxes" includes
52 payments in lieu of taxes by the developer, with respect to a qualified
53 site, to the state, a municipal corporation or a public benefit corpo-
54 ration pursuant to a written agreement entered into between the develop-
55 er and the state, a municipal corporation or a public benefit corpo-
56 ration. Provided, however, such a payment in lieu of taxes shall not
S. 6606--B 164 A. 9706--C
1 constitute eligible real property taxes in any taxable year to the
2 extent that such payment exceeds the product of (A) the greater of (i)
3 the basis for federal income tax purposes, determined on the date the
4 taxpayer becomes a developer as defined under this section, of real
5 property, including buildings and structural components of buildings,
6 owned by the developer and located on a qualified site with respect to
7 which the taxpayer is a developer, or (ii) the basis for federal income
8 tax purposes of such real property described in clause (i) of this
9 subparagraph on the last day of the taxable year, and (B) the estimated
10 effective full value tax rate within the county in which such property
11 is located, as most recently [reported to] calculated by the commission-
12 er [by the secretary of the state board of real property services, or
13 his or her designee]. The [state board] commissioner shall annually
14 calculate estimated and effective full value tax rates within each coun-
15 ty for this purpose based upon the most current information available to
16 [it] him or her in relation to county, city, town, village and school
17 district taxes. Provided further, where the amount of the credit deter-
18 mined under paragraph two of this subdivision is the total product of
19 the factors and tax specified therein, the term "eligible real property
20 taxes" under this paragraph shall apply only to taxes imposed on real
21 property which is attributed to a qualified site located in an environ-
22 mental zone. Where the developer is a partner in a partnership or a
23 shareholder in a New York S corporation, such real property shall be
24 owned by the partnership or the New York S corporation, respectively.
25 § 20-a. Subdivision 2 of section 170 of the tax law, as amended by
26 chapter 282 of the laws of 1986, is amended and a new subdivision 7-a is
27 added to read as follows:
28 2. Existing divisions or bureaus in the department of taxation and
29 finance or transferred to the department shall continue until consol-
30 idated or abolished pursuant to this section. There shall be in the
31 department of taxation and finance a division of taxation, a division of
32 the treasury, a division of the lottery, an office of real property tax
33 services, and a division of tax appeals.
34 7-a. The head of the office of real property tax services shall be an
35 officer to be appointed and hold office as provided by section two
36 hundred three of the real property tax law.
37 § 21. Subdivision twenty-fifth of section 171 of the tax law, as
38 amended by chapter 170 of the laws of 1994, paragraph a as amended by
39 section 93 of part A of chapter 436 of the laws of 1997, paragraph b as
40 amended and paragraph c as added by chapter 474 of the laws of 1996, is
41 amended to read as follows:
42 Twenty-fifth. a. With respect to the income to be used in the computa-
43 tion of school aid payable in the school year nineteen hundred ninety-
44 four--ninety-five and thereafter, be required to design, develop and
45 implement a permanent computerized statewide school district address
46 match and income verification system in regard to each school district's
47 valuation of total New York adjusted gross income as determined by the
48 department, for use in determining state aid to education. The depart-
49 ment shall promulgate rules and regulations to effect the provisions of
50 this paragraph within ninety days of the enactment of the chapter of the
51 laws of nineteen hundred ninety-four amending this paragraph. Commencing
52 September first, nineteen hundred ninety-seven, the commissioner[,] and
53 the commissioner of education[, and the executive director of the office
54 of real property services], subject to the approval of the director of
55 the budget shall be required to enter into a cooperative agreement by
56 September first of each year, which will govern the validation and
S. 6606--B 165 A. 9706--C
1 correction and completion of the total New York adjusted gross income of
2 school districts until September first of the following year. Such
3 agreement shall include, but not be limited to: (i) procedures to
4 improve the accuracy of school district income data, in a manner which
5 gives appropriate recognition to computerized processing capabilities,
6 administrative feasibility of manual processes and confidentiality
7 implications; (ii) procedures to verify the school district codes
8 reported by taxpayers; (iii) procedures to correct identified inaccura-
9 cies; (iv) procedures to assign school district codes based on the
10 permanent residence addresses of taxpayers who failed to complete the
11 school district code; (v) the schedule for the transmittal of electronic
12 data between the agencies, as necessary, to implement such system; and
13 (vi) beginning in the nineteen hundred ninety-six state fiscal year,
14 procedures for the review process provided for in paragraph c of this
15 subdivision. All state departments and agencies, and school districts
16 and other local governments and agencies, shall cooperate with the
17 parties to such agreement in its implementation.
18 b. 1. [With respect to income used in the computation of school aid
19 payable in the school years nineteen hundred ninety-four--ninety-five
20 through nineteen hundred ninety-seven--ninety-eight, be required to
21 design, develop and implement a process whereby school districts may
22 request a review of the assignment of taxpayer addresses to their school
23 district. In addition to the cooperative agreement developed pursuant to
24 paragraph a of this subdivision between the commissioner, the commis-
25 sioner of education and the director of the office of real property
26 services, the parties shall enter into a second cooperative agreement to
27 establish procedures for such a review process. Such procedures shall
28 include but not be limited to: (i) general criteria to be used for the
29 purpose of evaluating suspected inaccuracies in the assignment of tax
30 returns to school districts; (ii) a process for rating the requests for
31 review, giving appropriate recognition to the relative incidence of
32 suspected inaccuracies, the relative effect of suspected inaccuracies on
33 the aggregate income, income per return and relative income per pupil of
34 the school district, and the relative effect of suspected inaccuracies
35 on state aid payable to the school district pursuant to the education
36 law; (iii) a process for identifying the school districts for partic-
37 ipation in the review process from the rated list of applicants; (iv)
38 processes by which addresses assigned to identified school districts
39 will be reviewed and by which corrections to inaccuracies will be iden-
40 tified; (v) a process by which corrections to inaccurate assignments
41 will be made to appropriate files; and (vi) deadlines by which school
42 districts must submit requests for review to the commissioner of educa-
43 tion and timelines for each of the procedures included in the agreement.
44 2. School districts requesting a review in accordance with the
45 provisions of this paragraph shall be required, in consultation with the
46 district superintendent of schools for the supervisory district in which
47 the school district is located, appointed pursuant to section nineteen
48 hundred fifty of the education law, to submit to the commissioner of
49 education evidence in support of a contention that the assignment of tax
50 returns to their district is inaccurate. Identified school districts may
51 be required to review ordered listings, prepared by the department or
52 the office of real property services or an authorized vendor contracted
53 by the department, of the permanent resident address of selected taxpay-
54 ers who filed personal income tax returns with the department reporting
55 a school district code or address which indicates that the taxpayer was
56 a resident of such identified school district at the close of the taxa-
S. 6606--B 166 A. 9706--C
1 ble year for which the return was filed. In no case shall ordered
2 address listings for school district review include those addresses
3 which the school district had the opportunity to review pursuant to
4 paragraph a of this subdivision. District superintendents of schools
5 appointed pursuant to section nineteen hundred fifty of the education
6 law, having an identified school district within their supervisory
7 district, shall be required to verify any suspected inaccuracies indi-
8 cated by an identified district as a result of the district's review of
9 ordered address listings pursuant to this paragraph.
10 3.] Any correction, pursuant to this paragraph, of verified inaccura-
11 cies of income data shall only result in the removal of such returns
12 from the identified school district.
13 [4.] 2. All state departments and agencies, and school districts and
14 other local governments and agencies, shall cooperate with the parties
15 to such agreement in the implementation of the review process provided
16 pursuant to this paragraph.
17 c. 1. With respect to income used in the computation of school aid
18 payable in the school years nineteen hundred ninety-eight--ninety-nine
19 and thereafter, be required to design, develop and implement a process
20 whereby school districts may request a review of the assignment of
21 taxpayer addresses to their school district. Procedures for such a
22 review process shall be included in the cooperative agreement entered
23 into pursuant to paragraph a of this subdivision.
24 2. School districts requesting a review in accordance with the
25 provisions of this paragraph shall be required, in consultation with the
26 district superintendent of schools for the supervisory district in which
27 the school district is located, appointed pursuant to section nineteen
28 hundred fifty of the education law, to submit to the commissioner of
29 education evidence in support of a contention that the assignment of tax
30 returns to their district is inaccurate. Identified school districts may
31 be required to review ordered listings, prepared by the department [or
32 the office of real property services] or an authorized vendor contracted
33 by the department, of the permanent resident address of selected taxpay-
34 ers who filed personal income tax returns with the department reporting
35 a school district code or address which indicates that the taxpayer was
36 a resident of such identified school district at the close of the taxa-
37 ble year for which the return was filed. In no case shall ordered
38 address listings for school district review include those addresses
39 which the school district had the opportunity to review pursuant to
40 paragraph a of this subdivision. District superintendents of schools
41 appointed pursuant to section nineteen hundred fifty of the education
42 law, having an identified school district within their supervisory
43 district, shall be required to verify any suspected inaccuracies indi-
44 cated by an identified district as a result of the district's review of
45 ordered address listings pursuant to this paragraph.
46 3. Any correction, pursuant to this paragraph, of verified inaccura-
47 cies of income data shall only result in the removal of such returns
48 from the identified school district.
49 4. All state departments and agencies, and school districts and other
50 local governments and agencies, shall cooperate with the parties to such
51 agreement in the implementation of the review process provided pursuant
52 to this paragraph.
53 § 22. Section 171-o of the tax law, as amended by chapter 631 of the
54 laws of 2006, is amended to read as follows:
55 § 171-o. Income verification for [the state board of real property
56 services and] a city with a population of one million or more. (1) The
S. 6606--B 167 A. 9706--C
1 department shall enter into an agreement with [the state board of real
2 property services to verify, to the extent practicable, whether persons
3 described in paragraph (b) of subdivision four of section four hundred
4 twenty-five of the real property tax law meet the income eligibility
5 requirements prescribed therein for the applicable income tax year,
6 beginning with the income tax year ending in two thousand two. The
7 department shall also enter into an agreement with] a city with a popu-
8 lation of one million or more to verify, to the extent practicable,
9 whether persons described in paragraph (b) of subdivision four of
10 section four hundred twenty-five of the real property tax law meet the
11 income eligibility requirements prescribed therein for the applicable
12 income tax year, beginning with the income tax year ending in two thou-
13 sand five. The department shall advise the [state board of real property
14 services, or] city[, as the case may be,] of its findings, stating in
15 each case either that such person or persons do or do not satisfy such
16 requirements, or that the eligibility of such person or persons cannot
17 be verified, whichever is appropriate. The department shall not provide
18 any other information about the income of such persons to the [state
19 board of real property services or] city.
20 (2) The provisions of article six of the public officers law shall not
21 apply to any information that the department obtains from or provides to
22 the [state board of real property services or] city pursuant to this
23 section.
24 (3) Any information furnished by the department pursuant to this
25 section shall be deemed confidential and the assessor, any municipal
26 officer or municipal employees are prohibited from disclosing any such
27 information, except for any disclosure necessary in the performance of
28 their official duties in connection with the school tax relief (STAR)
29 exemption pursuant to section four hundred twenty-five of the real prop-
30 erty tax law. Any unauthorized disclosure of such information shall be
31 deemed a violation of section eight hundred five-a of the general munic-
32 ipal law.
33 § 23. Paragraph 12 of subsection (e) of section 606 of the tax law is
34 REPEALED.
35 § 24. Paragraphs 3, 4 and 5 of subsection (k) of section 697 of the
36 tax law, as amended by chapter 237 of the laws of 1995, are amended to
37 read as follows:
38 [(3) Notwithstanding the provisions of subsection (e) of this section,
39 the department or authorized vendor contracted by the department shall
40 furnish annually, as required pursuant to subdivision twenty-fifth of
41 section one hundred seventy-one of this chapter, to the executive direc-
42 tor of the office of real property services, electronic file transfers
43 of the permanent residence address of each taxpayer who has filed a
44 personal income tax return with the department. Such transfers shall be
45 in accordance with the schedule established pursuant to the agreement
46 developed in accordance with paragraph d of subdivision twenty-fifth of
47 section one hundred seventy-one of this chapter. Similarly, the office
48 of real property services shall, subject to the availability of funds
49 appropriated for this purpose, verify or correct or determine the school
50 district for each such residence address provided by the department and
51 shall return such updated data to the department in accordance with the
52 provisions of such agreement.]
53 (4) Notwithstanding the provisions of subsection (e) of this section,
54 the department [or the office of real property services] or an author-
55 ized vendor contracted by the department shall furnish, as required
56 pursuant to subdivision twenty-fifth of section one hundred seventy-one
S. 6606--B 168 A. 9706--C
1 of this chapter, to the superintendents of schools of identified school
2 districts and district superintendents of schools appointed pursuant to
3 section nineteen hundred fifty of the education law, having an identi-
4 fied school district within their supervisory district, an ordered list-
5 ing, for such identified school districts electing to participate in the
6 appeals process for a limited school district address review validation
7 and correction process.
8 (5) The information provided pursuant to this section and subdivision
9 twenty-fifth of section one hundred seventy-one of this chapter shall be
10 used solely for the purpose of verifying the legal residence and school
11 district of a taxpayer in determining the distribution of state aid for
12 education and such information may only be disclosed by such commission-
13 er, [director,] superintendents and authorized vendor contracted by the
14 department for such purposes to employees of the state education depart-
15 ment, [employees of the state office of real property services] and to
16 employees under the control of such superintendents. In addition,
17 notwithstanding the provisions of subsection (e) of this section, the
18 department may furnish to an authorized vendor contracted by the depart-
19 ment the permanent resident address and school code data necessary for
20 the implementation of the temporary school district address review vali-
21 dation and correction process, the pilot computerized address match and
22 income verification project, or the permanent computerized statewide
23 school district address match and income verification system pursuant to
24 subdivision twenty-fifth of section one hundred seventy-one of this
25 chapter. Any violation of the provisions of this section shall be
26 punishable in the manner provided for in subsection (e) of this section.
27 Any information obtained by any agency or person pursuant to the
28 provisions of this section shall not be deemed a "record", as defined in
29 subdivision four of section eighty-six of the public officers law.
30 § 25. Subdivision 3 of section 1564 of the tax law, as amended by
31 chapter 17 of the laws of 2008, is amended to read as follows:
32 3. An exemption from the tax which is equal to the median sales price
33 of residential real property within the applicable town or city, as
34 determined by the [office of real property services pursuant to proce-
35 dures adopted for this purpose by the state board of real property
36 services established pursuant to article two of the real property tax
37 law] commissioner, shall be allowed on the consideration of the convey-
38 ance of improved or unimproved real property or an interest therein.
39 § 26. This act shall take effect immediately.
40 PART X
41 Section 1. Subdivision 1 of section 511 of the real property tax law,
42 as amended by chapter 319 of the laws of 1998, is amended to read as
43 follows:
44 1. In the year of a revaluation or update of assessments, if the state
45 equalization rate for the immediately preceding assessment roll was less
46 than eighty-five, the assessor shall, and in any other year may, not
47 later than sixty days prior to the date set by law for the filing of the
48 tentative assessment roll, mail to each owner of real property therein,
49 an assessment disclosure notice in the format provided in paragraph (a)
50 of subdivision two of this section. However, pursuant to a resolution
51 adopted by the governing board of the assessing unit, other than a
52 special assessing unit or an approved assessing unit which has adopted
53 the provisions of section nineteen hundred three of this chapter, such
S. 6606--B 169 A. 9706--C
1 assessment disclosure notice shall include in lieu thereof the items
2 specified in paragraph (b) of subdivision two of this section.
3 § 2. Section 511 of the real property tax law is amended by adding a
4 new subdivision 9 to read as follows:
5 9. A special assessing unit shall be deemed to be in compliance with
6 the provisions of this section if it provides assessment disclosure
7 notices to property owners in an alternative manner which includes, at a
8 minimum, their tentative assessments, the market values upon which they
9 were based, and the applicable level of assessment.
10 § 3. Subdivision 1 of section 1590 of the real property tax law, as
11 amended by chapter 316 of the laws of 1992, is amended to read as
12 follows:
13 1. A municipal corporation, other than a school district or a village,
14 which prepares assessment rolls by means of electronic data processing,
15 shall annually submit to the state board the data files used in the
16 preparation of each tentative and final assessment roll and summaries of
17 the information from the final assessment roll including as a minimum
18 the number of parcels, the total assessed value thereof, and the total
19 taxable assessed value thereof. Such information shall be submitted
20 within [thirty] ten days of the time of filing the tentative or final
21 assessment roll, as provided for pursuant to section five hundred six or
22 five hundred sixteen of this chapter or such other law as may be appli-
23 cable. In addition, if the assessing unit maintains a website, then
24 within ten days of the filing of the tentative assessment roll, it shall
25 post a copy of such roll on its website, with a link thereto prominently
26 displayed on its home page, and shall not remove the same before the
27 final assessment roll has been filed. In lieu of posting a copy of such
28 roll on its website, the assessing unit may cause such copy to be posted
29 on the website of the county in which it is located for the same period
30 of time as otherwise required by this subdivision, provided that a link
31 thereto shall be prominently displayed on the website of the assessing
32 unit.
33 § 4. Subdivision 5 of section 574 of the real property tax law, as
34 amended by chapter 257 of the laws of 1993, is amended to read as
35 follows:
36 5. [Forms or reports filed] Data collected pursuant to this section or
37 section three hundred thirty-three of the real property law shall be
38 made available for public inspection or copying in accordance with rules
39 promulgated by the state board, except that where the state board and
40 the department of taxation and finance have developed a combined process
41 for collecting data pursuant to paragraph viii of subdivision one-e of
42 section three hundred thirty-three of the real property law, any data so
43 collected which is not required to be furnished to the state board by
44 statute or by the state board's rules shall not be subject to inspection
45 or copying.
46 § 5. Paragraphs i and v of subdivision 1-e of section 333 of the real
47 property law, as amended by section 1 of part B of chapter 57 of the
48 laws of 2004 and paragraph i as separately amended by chapter 521 of the
49 laws of 2004, are amended and two new paragraphs vii and viii are added
50 to read as follows:
51 i. A recording officer shall not record or accept for record any
52 conveyance of real property affecting land in New York state unless
53 accompanied by a transfer report form prescribed by the state board of
54 real property services or in lieu thereof, confirmation from the state
55 board that the required data has been reported to it pursuant to para-
S. 6606--B 170 A. 9706--C
1 graph vii of this subdivision, and the fee prescribed pursuant to subdi-
2 vision three of this section.
3 v. The provisions of this subdivision shall not operate to invalidate
4 any conveyance of real property where one or more of the items desig-
5 nated as subparagraphs one through eight of paragraph ii of this subdi-
6 vision, have not been reported or which has been erroneously reported,
7 nor affect the record contrary to the provisions of this subdivision,
8 nor impair any title founded on such conveyance or record. Such form
9 shall [be certified] contain an affirmation as to the accuracy of the
10 contents made both by the transferor or transferors and by the transfer-
11 ee or transferees. Provided, however, that if the conveyance of real
12 property occurs as a result of a taking by eminent domain, tax foreclo-
13 sure, or other involuntary proceeding such [form] affirmation may be
14 [certified] made only by either the condemnor, tax district, or other
15 party to whom the property has been conveyed, or by that party's attor-
16 ney. The affirmations required by this paragraph shall be made in the
17 form and manner prescribed by the state board, provided that notwith-
18 standing any provision of law to the contrary, affirmants may be
19 allowed, but shall not be required, to sign such affirmations electron-
20 ically.
21 vi. Any deed executed and delivered prior to July first, nineteen
22 hundred ninety-four may nevertheless be recorded in the office of the
23 county clerk providing there is submitted therewith, and in place of
24 such form, a separate statement signed by the transferor or transferors
25 and the transferee or transferees or any person having sufficient know-
26 ledge to sign such form which contains the same information required by
27 the state board of real property services as set forth in subparagraphs
28 one through four of paragraph ii of this subdivision.
29 vii. The state board is hereby authorized to develop and oversee the
30 implementation of a system to allow the data required by this subdivi-
31 sion and section five hundred seventy-four of the real property tax law
32 to be reported to it electronically, notwithstanding any provision of
33 law to the contrary. The state board is further authorized to adopt any
34 rules necessary to implement such a system. Such rules shall set forth
35 such standards and procedures as may be needed for the effective and
36 efficient administration of the program, including standards for provid-
37 ing confirmation to recording officers of the reporting of required data
38 to the state board.
39 viii. Upon agreement between the state board of real property services
40 and the department of taxation and finance, the process for collecting
41 data pursuant to this subdivision and section five hundred seventy-four
42 of the real property tax law may be combined in whole or in part with
43 the process for collecting data pursuant to articles thirty-one, eleven,
44 twenty-two and subsection (a) of section six hundred sixty-three of the
45 tax law in connection with the real estate transfer tax, notwithstanding
46 any provision of law to the contrary. The state board and the commis-
47 sioner of taxation and finance are authorized to adopt any rules neces-
48 sary to implement the provisions of this paragraph, individually or
49 jointly.
50 § 6. Section 693 of the tax law is amended by adding a new subsection
51 (e) to read as follows:
52 (e) Notwithstanding the provisions of paragraph one of subsection (e)
53 of section six hundred ninety-seven of this part, the commissioner may
54 furnish to the state board of real property services information relat-
55 ing to real property transfers obtained or derived from returns filed
56 pursuant to this article in relation to the real estate transfer tax, to
S. 6606--B 171 A. 9706--C
1 the extent that such information is also required to be reported to the
2 state board by section three hundred thirty-three of the real property
3 law and section five hundred seventy-four of the real property tax law
4 and the rules adopted thereunder, provided such information was
5 collected through a combined process established pursuant to an agree-
6 ment entered into with the state board pursuant to paragraph viii of
7 subdivision one-e of section three hundred thirty-three of the real
8 property law. The state board may redisclose such information to the
9 extent authorized by section five hundred seventy-four of the real prop-
10 erty tax law.
11 § 7. Section 1418 of the tax law is amended by adding a new subdivi-
12 sion (h) to read as follows:
13 (h) Notwithstanding the provisions of subdivision (a) of this section,
14 the commissioner may furnish to the state board of real property
15 services information relating to real property transfers obtained or
16 derived from returns filed pursuant to this article in relation to the
17 real estate transfer tax, to the extent that such information is also
18 required to be reported to the state board by section three hundred
19 thirty-three of the real property law and section five hundred seventy-
20 four of the real property tax law and the rules adopted thereunder,
21 provided such information was collected through a combined process
22 established pursuant to an agreement entered into with the state board
23 pursuant to paragraph viii of subdivision one-e of section three hundred
24 thirty-three of the real property law. The state board may redisclose
25 such information to the extent authorized by section five hundred seven-
26 ty-four of the real property tax law.
27 § 8. This act shall take effect on the first of January next succeed-
28 ing the date on which it shall have become a law, provided that the
29 state board of real property services and the department of taxation and
30 finance are hereby authorized to adopt any rules needed to implement the
31 provisions of this act prior to such date.
32 PART Y
33 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 and subdivi-
34 sion 2 of section 1573 of the real property tax law, paragraph (a) of
35 subdivision 1 as amended and paragraphs (b) and (c) of subdivision 1 as
36 added by chapter 309 of the laws of 1996, subdivision 2 as amended by
37 chapter 655 of the laws of 2004 and paragraph (a) of subdivision 2 as
38 amended by chapter 212 of the laws of 2006, are amended to read as
39 follows:
40 (a) the assessing unit has satisfied standards of quality assessment
41 administration, as established by the state board pursuant to regu-
42 lations promulgated by the state board, subject to the approval of the
43 director of the budget[. Such rules shall be based upon but not limited
44 to the following criteria:
45 (i) quality and maintenance of valuation data;
46 (ii) presentation of public information and data;
47 (iii) administration of exemptions;
48 (iv) an acceptable level of assessment uniformity as measured annually
49 by the state board; and
50 (v) compliance with statutes and rules.] and has implemented a revalu-
51 ation pursuant to an approved plan as provided in this subdivision;
52 (b) [any revaluation or update of assessments, implemented on an
53 assessment roll finalized after the first day of January, nineteen
54 hundred ninety-six,] the revaluation is at one hundred percent of value;
S. 6606--B 172 A. 9706--C
1 however, in special assessing units the revaluation or update of assess-
2 ments must be at a uniform percentage of value for each class;
3 (c) [the assessing unit has published, on the tentative assessment
4 roll, the uniform percentage of value at which all real property is
5 assessed, or in special assessing units, the uniform percentage of value
6 at which each class of property is assessed;] the revaluation was imple-
7 mented pursuant to a plan, approved pursuant to the rules of the state
8 board, of not less than four years that provides, at a minimum, for a
9 revaluation in the first and last year of such plan, but in no case less
10 than once every four years, and for inventory data to be collected at
11 least once every six years;
12 2. (a) State assistance pursuant to subdivision one of this section
13 shall be payable [as follows] in an amount not to exceed five dollars
14 per parcel for [each separately assessed parcel appearing on the appli-
15 cable] an assessment roll[, excluding] upon which a revaluation is
16 implemented in accordance with an approved plan, and not to exceed two
17 dollars per parcel for any assessment roll upon which a revaluation is
18 not implemented in accordance with an approved plan. The amount payable
19 on a per parcel basis shall exclude parcels which are wholly exempt or
20 assessed by the state board[: (a) Triennial aid shall be payable when
21 the state board determines that the assessing unit has implemented a
22 revaluation or update that includes the reinspection and reappraisal of
23 all locally assessed properties. However, no assessing unit may qualify
24 for this payment more than once in a three year period, and no aid may
25 be paid pursuant to this paragraph with respect to any assessment roll
26 filed after the year two thousand eleven.
27 (b) (i) Annual aid shall be payable when the state board determines
28 that the assessing unit has maintained an equitable assessment roll.
29 Such determination shall be made in accordance with standards estab-
30 lished pursuant to regulations promulgated by the state board, subject
31 to the approval of the director of the budget, and shall be based upon
32 criteria including but not limited to:
33 (A) annually maintaining assessments at the percentage of value speci-
34 fied in subdivision one of this section;
35 (B) annually conducting a systematic analysis of all locally assessed
36 properties using a methodology specified in such regulations;
37 (C) annually revising assessments as necessary to maintain the stated
38 uniform percentage of value; and
39 (D) implementing a local program for physically inspecting and reap-
40 praising each parcel at least once every six years.
41 (E) Such standards shall contain ranges of acceptable performance as
42 determined by the state board in accordance with nationally recognized
43 assessment methods.
44 (ii) No aid shall be paid pursuant to this paragraph with respect to
45 any assessment roll which receives triennial aid pursuant to paragraph
46 (a) of this subdivision].
47 [(iii)] (b) Any assessing unit that fails to implement a revaluation
48 as prescribed in an approved plan shall remit to the state the full
49 amount of any state aid received pursuant to this subdivision for the
50 assessment rolls following the one upon which the most recent revalu-
51 ation was implemented.
52 (c) Nothing herein shall be deemed to prevent an assessing unit from
53 withdrawing from an approved plan. Any assessing unit that does so shall
54 only be responsible for remission of per parcel payments for non-revalu-
55 ation years.
S. 6606--B 173 A. 9706--C
1 (d) No grant awarded to any individual assessing unit in any given
2 year pursuant to this subdivision shall exceed five hundred thousand
3 dollars.
4 § 2. This act shall take effect immediately and shall apply to assess-
5 ment rolls with taxable status dates occurring on and after March 1,
6 2010.
7 PART Z
8 Section 1. Clause 2 of subparagraph (viii) of paragraph a of subdivi-
9 sion 10 of section 54 of the state finance law, as amended by section 5
10 of part GG of chapter 56 of the laws of 2009, is amended to read as
11 follows:
12 (2) for the state fiscal year commencing April first, two thousand
13 eight and in each state fiscal year thereafter, the base level grant
14 received in the immediately preceding state fiscal year pursuant to
15 paragraph b of this subdivision, excluding any deficit reduction adjust-
16 ment pursuant to paragraph e-1 of this subdivision, plus any additional
17 apportionments received in such year pursuant to paragraph d of this
18 subdivision and any per capita adjustments received in such year pursu-
19 ant to paragraph e of this subdivision plus any additional aid received
20 in such year pursuant to paragraph p of this subdivision.
21 § 2. Paragraph b of subdivision 10 of section 54 of the state finance
22 law, as amended by section 2 of part O of chapter 56 of the laws of
23 2008, is amended to read as follows:
24 b. Base level grants. (i) Within amounts appropriated in the state
25 fiscal year commencing April first, two thousand seven and in each state
26 fiscal year thereafter, there shall be apportioned and paid to a county
27 with a population of less than one million but more than nine hundred
28 twenty-five thousand according to the federal decennial census of two
29 thousand, cities with a population of less than one million, towns and
30 villages a base level grant in an amount equal to the prior year aid
31 received by such county, city, town or village.
32 (ii) Notwithstanding subparagraph (i) of this paragraph, within
33 amounts appropriated in the state fiscal year commencing April first,
34 two thousand ten, there shall be apportioned and paid to each munici-
35 pality a base level grant in an amount equal to the prior year aid
36 received by such municipality minus a base level grant adjustment calcu-
37 lated in accordance with clause two of this subparagraph.
38 (1) When used in this subparagraph, unless otherwise expressly stated:
39 (A) "2008-09 AIM funding" shall mean the sum of the base level grant
40 pursuant to this paragraph, additional annual apportionment pursuant to
41 paragraph d of this subdivision, per capita adjustment pursuant to para-
42 graph e of this subdivision and special aid and incentives to certain
43 eligible cities as appropriated in chapter fifty of the laws of two
44 thousand eight, as amended by chapter one of the laws of two thousand
45 nine, apportioned and paid to such municipality in the state fiscal year
46 commencing April first, two thousand eight.
47 (B) "2008 total revenues" shall mean "total revenues" for such munici-
48 pality as reported in the state comptroller's special report on local
49 government finances for New York state for local fiscal years ended in
50 two thousand eight.
51 (C) "AIM reliance" shall mean 2008-09 AIM funding expressed as a
52 percentage of 2008 total revenues.
53 (2) The base level grant adjustment shall equal:
S. 6606--B 174 A. 9706--C
1 (A) two percent of prior year aid if AIM reliance was at least ten
2 percent, or
3 (B) five percent of prior year aid if AIM reliance was less than ten
4 percent.
5 (iii) Notwithstanding subparagraph (i) of this paragraph, a county
6 with a population of less than one million but more than nine hundred
7 twenty-five thousand according to the federal decennial census of two
8 thousand shall not receive a base level grant in the state fiscal year
9 commencing April first, two thousand ten or in any state fiscal year
10 thereafter.
11 § 3. Paragraph i of subdivision 10 of section 54 of the state finance
12 law is amended by adding a new subparagraph (vii) to read as follows:
13 (vii) Notwithstanding subparagraph (i) of this paragraph, in the state
14 fiscal year commencing April first, two thousand ten, the base level
15 grant adjustment pursuant to subparagraph (ii) of paragraph b of this
16 subdivision shall be made on or before September twenty-fifth for a town
17 or village, on or before December fifteenth for a city whose fiscal year
18 begins January first, and on or before March fifteenth for a city whose
19 fiscal year does not begin on January first.
20 § 4. Paragraph j of subdivision 10 of section 54 of the state finance
21 law, as amended by section 3 of part D of chapter 503 of the laws of
22 2009, is amended to read as follows:
23 j. Special aid and incentives for municipalities to the city of New
24 York. In the state fiscal year commencing April first, two thousand
25 seven a city with a population of one million or more shall receive
26 twenty million dollars on or before December fifteenth. In the state
27 fiscal year commencing April first, two thousand eight, a city with a
28 population of one million or more shall receive two hundred forty-five
29 million nine hundred forty-four thousand eight hundred thirty-four
30 dollars payable on or before December fifteenth. In the state fiscal
31 [year] years commencing April first, two thousand nine and April first,
32 two thousand eleven, and in each state fiscal year thereafter, a city
33 with a population of one million or more shall receive three hundred one
34 million six hundred fifty-eight thousand four hundred ninety-five
35 dollars payable on or before December fifteenth. Special aid and incen-
36 tives for municipalities to the city of New York shall be apportioned
37 and paid as required as follows:
38 (i) Any amounts required to be paid to the city university
39 construction fund pursuant to the city university construction fund act;
40 (ii) Any amounts required to be paid to the New York city housing
41 development corporation pursuant to the New York city housing develop-
42 ment corporation act;
43 (iii) Five hundred thousand dollars to the chief fiscal officer of the
44 city of New York for payment to the trustees of the police pension fund
45 of such city;
46 (iv) Eighty million dollars to the special account for the municipal
47 assistance corporation for the city of New York in the municipal assist-
48 ance tax fund created pursuant to section ninety-two-d of this chapter
49 to the extent that such amount has been included by the municipal
50 assistance corporation for the city of New York in any computation for
51 the issuance of bonds on a parity with outstanding bonds pursuant to a
52 contract with the holders of such bonds prior to the issuance of any
53 other bonds secured by payments from the municipal assistance corpo-
54 ration for the city of New York in the municipal assistance state aid
55 fund created pursuant to section ninety-two-e of this chapter;
S. 6606--B 175 A. 9706--C
1 (v) The balance of the special account for the municipal assistance
2 corporation for the city of New York in the municipal assistance state
3 aid fund created pursuant to section ninety-two-e of this chapter;
4 (vi) Any amounts to be refunded to the general fund of the state of
5 New York pursuant to the annual appropriation enacted for the municipal
6 assistance state aid fund;
7 (vii) To the state of New York municipal bond bank agency to the
8 extent provided by section twenty-four hundred thirty-six of the public
9 authorities law; and
10 (viii) To the transit construction fund to the extent provided by
11 section twelve hundred twenty-five-i of the public authorities law, and
12 thereafter to the city of New York.
13 Notwithstanding any other law to the contrary, the amount paid to any
14 city with a population of one million or more on or before December
15 fifteenth shall be for an entitlement period ending the immediately
16 preceding June thirtieth.
17 § 5. Subdivision c of section 8 of section 4 of chapter 576 of the
18 laws of 1974 constituting the emergency tenant protection act of nine-
19 teen seventy-four, as amended by section 1 of part F of chapter 61 of
20 the laws of 2000, is amended to read as follows:
21 c. Whenever a city having a population of one million or more has
22 determined the existence of an emergency pursuant to section three of
23 this act, the provisions of this act and the New York city rent stabili-
24 zation law of nineteen hundred sixty-nine shall be administered by the
25 state division of housing and community renewal as provided in the New
26 York city rent stabilization law of nineteen hundred sixty-nine, as
27 amended, or as otherwise provided by law. The costs incurred by the
28 state division of housing and community renewal in administering such
29 regulation shall be paid by such city. All payments for such adminis-
30 tration shall be transmitted to the state division of housing and commu-
31 nity renewal as follows: on or after April first of each year commencing
32 with April, nineteen hundred eighty-four, the commissioner of housing
33 and community renewal shall determine an amount necessary to defray the
34 division's anticipated annual cost, and one-quarter of such amount shall
35 be paid by such city on or before July first of such year, one-quarter
36 of such amount on or before October first of such year, one-quarter of
37 such amount on or before January first of the following year and one-
38 quarter of such amount on or before March thirty-first of the following
39 year. After the close of the fiscal year of the state, the commissioner
40 shall determine the amount of all actual costs incurred in such fiscal
41 year and shall certify such amount to such city. If such certified
42 amount shall differ from the amount paid by the city for such fiscal
43 year, appropriate adjustments shall be made in the next quarterly
44 payment to be made by such city. In the event that the amount thereof is
45 not paid to the commissioner as herein prescribed, the commissioner
46 shall certify the unpaid amount to the comptroller, and the comptroller
47 shall, to the extent not otherwise prohibited by law, withhold such
48 amount from [the next succeeding payment of per capita assistance to be
49 apportioned] any state aid payable to such city. In no event shall the
50 amount imposed on the owners exceed ten dollars per unit per year.
51 § 6. Paragraph (a-1) of subdivision 2 of section 39 of the judiciary
52 law, as added by chapter 83 of the laws of 1995, is amended to read as
53 follows:
54 (a-1) (i) Effective for each state fiscal year beginning April first,
55 nineteen hundred ninety-five, the state comptroller shall, on or before
56 the end of that fiscal year: (1) deduct from any moneys payable to the
S. 6606--B 176 A. 9706--C
1 city of New York from the local assistance account as [per capita] state
2 aid for the support of local government [pursuant to section fifty-four
3 of the state finance law] the amount certified to him or her by the
4 chief administrator of the courts immediately following the close of
5 such fiscal year pursuant to subparagraph (ii) of this paragraph, and
6 (2) transfer the amount of such deduction from the local assistance
7 account to the New York city county clerks' operations offset fund.
8 (ii) On or before March first in each year commencing with March
9 first, nineteen hundred ninety-six, the chief administrator shall deter-
10 mine and certify to the comptroller the difference between (1) the
11 amount of the disbursements under the judiciary budget made during the
12 fiscal year ending the previous March thirty-first for the payment of
13 services and expenses incurred in that fiscal year by the offices of the
14 county clerks of the city of New York, excluding services and expenses
15 incurred by those offices in discharge of a county clerk's powers and
16 duties as commissioner of jurors, and (2) the aggregate receipts derived
17 by the state from the fees specified in paragraphs one and two of subdi-
18 vision (f) of section eight thousand twenty and section eight thousand
19 twenty-one of the civil practice law and rules during the fiscal year
20 commencing April first, nineteen hundred ninety.
21 (iii) On or before March first, nineteen hundred ninety-seven, and
22 each March first thereafter, the chief administrator shall determine the
23 actual difference between (1) the amount of the disbursements under the
24 judiciary budget made during the fiscal year ending the previous March
25 thirty-first for the payment of services and expenses incurred in that
26 fiscal year by the offices of the county clerks of the city of New York,
27 excluding services and expenses incurred by those offices in discharge
28 of a county clerk's powers and duties as commissioner of jurors and (2)
29 the aggregate receipts derived from the state from the fees specified in
30 paragraphs one and two of subdivision (f) of section eight thousand
31 twenty and section eight thousand twenty-one of the civil practice law
32 and rules during the preceding fiscal year. The chief administrator
33 shall compare this actual amount of difference with the projected amount
34 of difference calculated pursuant to subparagraph (ii) of this paragraph
35 and certify the difference between the two amounts to the comptroller.
36 Such amount shall be added to, or deleted from, as the case may be, the
37 amount of the deduction made from state [per capita] aid payments to the
38 city of New York pursuant to subparagraph (i) of this paragraph.
39 § 7. Notwithstanding any other law to the contrary, for the state
40 fiscal year beginning April 1, 2011, and in each state fiscal year ther-
41 eafter, twenty million eight hundred eight thousand nine hundred three
42 dollars ($20,808,903) of aid and incentives for municipalities otherwise
43 due and payable to the city of Yonkers on or before March 31 shall be
44 paid on or before June 30 in such fiscal year upon written request by
45 the chief elected official of such city to the director of the budget,
46 provided such request is made no later than April 1, 2011.
47 § 8. This act shall take effect immediately and shall be deemed to
48 have been in full force and effect on and after April 1, 2010; provided,
49 however, that the amendments to subdivision c of section 8 of the emer-
50 gency tenant protection act of nineteen seventy-four made by section
51 five of this act shall not affect the expiration of such act and shall
52 expire therewith.
53 PART AA
S. 6606--B 177 A. 9706--C
1 Section 1. Subdivision 2 of section 54-l of the state finance law, as
2 amended by section 1 of part KK of chapter 56 of the laws of 2009, is
3 amended to read as follows:
4 2. Within amounts appropriated therefor, an eligible city and an
5 eligible municipality shall receive a state aid payment as follows:
6 a. An eligible city shall receive: (i) for the state fiscal years
7 commencing April first, two thousand seven and April first, two thousand
8 eight, a state aid payment equal to three and one-half percent of the
9 "estimated net machine income" generated by a video lottery gaming
10 facility located in such eligible city. Such state aid payment shall not
11 exceed twenty million dollars per eligible city; and (ii) for the state
12 fiscal year commencing April first, two thousand nine and for each state
13 fiscal year thereafter, an amount equal to the state aid payment
14 received in the state fiscal year commencing April first, two thousand
15 eight.
16 b. Eligible municipalities shall receive: (i) for the state fiscal
17 years commencing April first, two thousand seven and April first, two
18 thousand eight, a share of three and one-half percent of the "estimated
19 net machine income" generated by a video lottery gaming facility located
20 within such eligible municipality as follows: (1) twenty-five percent
21 shall be apportioned and paid to the county; and (2) seventy-five
22 percent shall be apportioned and paid on a pro rata basis to eligible
23 municipalities, other than the county, based upon the population of such
24 eligible municipalities. Such state aid payment shall not exceed twen-
25 ty-five percent of an eligible municipality's total expenditures as
26 reported in the statistical report of the comptroller in the preceding
27 state fiscal year pursuant to section thirty-seven of the general munic-
28 ipal law; [and] (ii) for the state fiscal year commencing April first,
29 two thousand nine [and for each state fiscal year thereafter]: (1) for
30 an eligible municipality which is located in a county that has a poverty
31 rate equal to or greater than seventy-five percent of the New York state
32 poverty rate, an amount equal to the state aid payment received in the
33 state fiscal year commencing April first, two thousand eight; and (2)
34 for an eligible municipality which is located in a county that has a
35 poverty rate less than seventy-five percent of the New York state pover-
36 ty rate, an amount equal to fifty percent of the state aid payment
37 received in the state fiscal year commencing April first, two thousand
38 eight; and (iii) for the state fiscal year commencing April first, two
39 thousand ten and for each state fiscal year thereafter, an amount equal
40 to ninety percent of the state aid payment received in the state fiscal
41 year commencing April first, two thousand nine.
42 § 2. This act shall take effect immediately and shall be deemed to
43 have been in full force and effect on and after April 1, 2010.
44 PART BB
45 Intetionally omitted.
46 PART CC
47 Intetionally omitted.
48 PART DD
49 Intetionally omitted.
S. 6606--B 178 A. 9706--C
1 PART EE
2 Section 1. Section 180 of the agriculture and markets law, as added
3 by chapter 874 of the laws of 1977, is amended to read as follows:
4 § 180. Municipal directors of weights and measures. 1. There shall be
5 a county director of weights and measures in each county, except where
6 (a) a county is wholly embraced within a city there shall be a city
7 director of weights and measures, or (b) where two or more counties have
8 entered into an intermunicipal agreement, pursuant to article five-G of
9 the general municipal law, to share the functions, powers, and duties of
10 one director of weights and measures. Any county or city having a popu-
11 lation of one million or more may elect to designate its commissioner of
12 consumer affairs as its director of weights and measures. Subdivision
13 four of this section shall not apply to a commissioner of consumer
14 affairs so designated.
15 2. No city may institute a weights and measures program. Provided,
16 that any city which maintained a weights and measures program on January
17 first, nineteen hundred seventy-six may continue such program under a
18 city director of weights and measures.
19 a. Any such city may contract with the legislature of the county in
20 which it is located for the county director of weights and measures to
21 perform the duties of and have the same powers within such city as the
22 city director. Such contract shall fix the amount to be paid annually by
23 the city to the county for such services. During the period such
24 contract is in force and effect, the office of city director of weights
25 and measures shall be abolished.
26 b. The county director shall not have jurisdiction in any city which
27 has a city director of weights and measures, except in the county of
28 Westchester the county director shall have concurrent jurisdiction with
29 city directors of weights and measures in such county.
30 3. Nothing contained herein shall prohibit the governing body of any
31 county or city from assigning to its municipal director powers and
32 duties in addition to the powers and duties prescribed by this article
33 provided such additional powers and duties deal primarily with services
34 designed to aid and protect the consumer and are not inconsistent with
35 the provisions of this article.
36 4. The municipal director shall be appointed by the appropriate
37 authority of the municipality in which he resides having the general
38 power of appointment of officers and employees. Where two or more coun-
39 ties have entered into an intermunicipal agreement, pursuant to article
40 five-G of the general municipal law, to share the functions, powers, and
41 duties of one director of weights and measures, such municipal director
42 may reside in any county that is a party to the intermunicipal agree-
43 ment. He shall be paid a salary determined by the appropriate authority
44 and shall be provided by such authority with the working standards of
45 weights, measures and other equipment as required by rules and regu-
46 lations promulgated in accordance with this article. The position of
47 municipal director shall be in the competitive class of the civil
48 service with respect to all persons appointed on or after the effective
49 date of this act.
50 § 2. Section 775 of the county law is amended to read as follows:
51 § 775. [County sealer] Director of weights and measures; duties. The
52 [county sealer] director of weights and measures shall perform the
53 duties prescribed by law for the enforcement of honest weights and meas-
54 ures. He shall perform such additional and related duties as may be
55 prescribed by law and directed by the board of supervisors.
S. 6606--B 179 A. 9706--C
1 § 3. Subdivision 7 of section 176-b of the town law, as separately
2 amended by chapters 302, 314, 468 and 474 of the laws of 2009, is
3 amended to read as follows:
4 7. (a) The membership of any volunteer firefighter shall not be
5 continued pursuant to subdivision five of this section, and persons
6 shall not be elected to membership pursuant to subdivision six of this
7 section, if, by so doing, the percentage of such non-resident members in
8 the fire company would exceed forty-five per centum of the actual
9 membership of the fire company, provided however, that the provisions of
10 this subdivision shall not apply to the memberships of the Shelter
11 Island Heights fire district, the Cherry Grove fire district, the Fire
12 Island Pines fire district, the Davis Park fire department, and the Cold
13 Spring Harbor fire district in Suffolk county, the New Hampton fire
14 district, the Mechanicstown fire district, the Pocatello fire district,
15 the Washington Heights fire district and the Good Will fire district in
16 Orange county, the Jericho fire district and the Westbury fire district
17 in Nassau county, the Orangeburg fire district in Rockland county, the
18 South Lockport Fire Company and the Terry's Corners volunteer fire
19 company in Niagara County, the Taunton fire district and the Onondaga
20 Hill fire department in Onondaga county, the Town of Batavia fire
21 department in Genesee County, the Schuyler Heights fire district and the
22 Slingerlands fire district I in Albany county, the town of Providence
23 fire district in Saratoga county, the River Road fire district, No. 3 in
24 Erie county, the Sir William Johnson Fire Company in Fulton county, the
25 Fort Johnson Fire district in Montgomery county or the memberships of
26 the Millwood fire district, the Purchase Fire District, the North Castle
27 South Fire District, No. 1 in Westchester county, the Thornwood fire
28 company, No. 1 in Westchester county and the Rockland Lake fire district
29 in Rockland county.
30 (b) Upon application by a fire district or fire company to the state
31 fire administrator, the requirements of paragraph (a) of this subdivi-
32 sion shall be waived, provided that no adjacent fire district objects
33 within sixty days of notice, published in the state register. Any such
34 objection shall be made in writing to the state fire administrator
35 setting forth the reasons such waiver should not be granted. In cases
36 where an objection is properly filed, the state fire administrator shall
37 have the authority to grant a waiver upon consideration of (1) the
38 difficulty of the fire company or district in retaining and recruiting
39 adequate personnel; (2) any alternative means available to the fire
40 company or district to address such difficulties; and (3) the impact of
41 such waiver on adjacent fire districts.
42 § 4. Section 578 of the real property tax law, as added by chapter 636
43 of the laws of 1970, is amended to read as follows:
44 § 578. County assistance under cooperative agreements. 1. The legis-
45 lative bodies of the counties and the governing boards of the cities,
46 towns, villages and school districts or appropriate officers thereof
47 authorized by such legislative body or governing board, as the case may
48 be, shall have power to enter into contracts with each other for data
49 processing and other mechanical assistance in the preparation of assess-
50 ment rolls, tax rolls, tax bills and other assessment and property tax
51 records and for supplies of field books, assessment rolls and other
52 assessment and property tax forms.
53 2. (a) The legislative body of a county and the governing body of any
54 city, town, village or school district therein shall have the power to
55 enter into contracts with each other for the collection of taxes by the
56 county treasurer. Such an agreement may either authorize the county
S. 6606--B 180 A. 9706--C
1 treasurer to collect taxes jointly and concurrently with the tax
2 collecting officer of such city, town, village or school district, or
3 may delegate to the county treasurer the sole and exclusive authority to
4 collect taxes for such city, town, village or school district. Such an
5 agreement shall be considered a municipal cooperation agreement for
6 purposes of article five-G of the general municipal law and shall be
7 subject to all provisions thereof. Any such agreement shall be approved
8 by both the city, town, village or school district and the county, by a
9 majority vote of the voting strength of each governing body.
10 (b) An agreement that authorizes the county treasurer to collect taxes
11 jointly and concurrently with the tax collecting officer of such city,
12 town, village or school district shall have no effect upon the tenure,
13 powers or duties of the incumbent tax collecting officer, except that
14 the county treasurer shall also be considered a tax collecting officer
15 of the city, town, village or school district, with all the powers and
16 duties thereof. In no case shall such an agreement be construed to
17 empower the tax collecting officer of a city, town, village or school
18 district to collect taxes that have been returned to the county treasur-
19 er as unpaid.
20 (c) An agreement that delegates to the county treasurer the sole and
21 exclusive authority to collect taxes for such city, town, village or
22 school district shall have the effect of making the county treasurer the
23 sole tax collecting officer of such city, town, village or school
24 district, and of abolishing the separate office of tax collecting offi-
25 cer in such city, town, village or school district, for as long as the
26 agreement shall be in effect. Provided, however, that if the office to
27 be abolished is elective, the agreement shall be submitted for the
28 approval of the electors of the contracting city, town or village in the
29 manner provided by section twenty-three of the municipal home rule law.
30 Provided further, that such an agreement shall not take effect during
31 the term of an incumbent tax collecting officer, unless the office
32 should become vacant prior to the expiration of such term. Upon the
33 termination of such an agreement, the office of tax collecting officer
34 shall be deemed reestablished as an appointive office of the city, town,
35 village or school district, unless such office has been abolished or its
36 functions transferred to another officer pursuant to law.
37 § 5. This act shall take effect immediately.
38 PART FF
39 Section 1. Subdivision 1 of section 103 of the general municipal law,
40 as amended by section 1 of part D of chapter 494 of the laws of 2009, is
41 amended to read as follows:
42 1. Except as otherwise expressly provided by an act of the legislature
43 or by a local law adopted prior to September first, nineteen hundred
44 fifty-three, all contracts for public work involving an expenditure of
45 more than thirty-five thousand dollars and all purchase contracts
46 involving an expenditure of more than [ten] twenty thousand dollars,
47 shall be awarded by the appropriate officer, board or agency of a poli-
48 tical subdivision or of any district therein including but not limited
49 to a soil conservation district, to the lowest responsible bidder
50 furnishing the required security after advertisement for sealed bids in
51 the manner provided by this section. In any case where a responsible
52 bidder's gross price is reducible by an allowance for the value of used
53 machinery, equipment, apparatus or tools to be traded in by a political
54 subdivision, the gross price shall be reduced by the amount of such
S. 6606--B 181 A. 9706--C
1 allowance, for the purpose of determining the low bid. In cases where
2 two or more responsible bidders furnishing the required security submit
3 identical bids as to price, such officer, board or agency may award the
4 contract to any of such bidders. Such officer, board or agency may, in
5 his or her or its discretion, reject all bids and readvertise for new
6 bids in the manner provided by this section. In determining whether a
7 purchase is an expenditure within the discretionary threshold amounts
8 established by this subdivision, the officer, board or agency of a poli-
9 tical subdivision or of any district therein shall consider the reason-
10 ably expected aggregate amount of all purchases of the same commodities,
11 services or technology to be made within the twelve-month period
12 commencing on the date of purchase. Purchases of commodities, services
13 or technology shall not be artificially divided for the purpose of
14 satisfying the discretionary buying thresholds established by this
15 subdivision. A change to or a renewal of a discretionary purchase shall
16 not be permitted if the change or renewal would bring the reasonably
17 expected aggregate amount of all purchases of the same commodities,
18 services or technology from the same provider within the twelve-month
19 period commencing on the date of the first purchase to an amount greater
20 than the discretionary buying threshold amount. For purposes of this
21 section, "sealed bids", as that term applies to purchase contracts,
22 shall include bids submitted in an electronic format including
23 submission of the statement of non-collusion required by section one
24 hundred three-d of this article, provided that the governing board of
25 the political subdivision or district, by resolution, has authorized the
26 receipt of bids in such format. Submission in electronic format may
27 [not, however], for technology contracts only, be required as the sole
28 method for the submission of bids. Bids submitted in an electronic
29 format shall be transmitted by bidders to the receiving device desig-
30 nated by the political subdivision or district. Any method used to
31 receive electronic bids shall comply with article three of the state
32 technology law, and any rules and regulations promulgated and guidelines
33 developed thereunder and, at a minimum, must (a) document the time and
34 date of receipt of each bid received electronically; (b) authenticate
35 the identity of the sender; (c) ensure the security of the information
36 transmitted; and (d) ensure the confidentiality of the bid until the
37 time and date established for the opening of bids. The timely submission
38 of an electronic bid in compliance with instructions provided for such
39 submission in the advertisement for bids and/or the specifications shall
40 be the responsibility solely of each bidder or prospective bidder. No
41 political subdivision or district therein shall incur any liability from
42 delays of or interruptions in the receiving device designated for the
43 submission and receipt of electronic bids.
44 § 2. Subdivision 1 of section 103 of the general municipal law, as
45 amended by chapter 413 of the laws of 1991, is amended to read as
46 follows:
47 1. Except as otherwise expressly provided by an act of the legislature
48 or by a local law adopted prior to September first, nineteen hundred
49 fifty-three, all contracts for public work involving an expenditure of
50 more than [twenty] thirty-five thousand dollars and all purchase
51 contracts involving an expenditure of more than [ten] twenty thousand
52 dollars, shall be awarded by the appropriate officer, board or agency of
53 a political subdivision or of any district therein including but not
54 limited to a soil conservation district, to the lowest responsible
55 bidder furnishing the required security after advertisement for sealed
56 bids in the manner provided by this section. In determining whether a
S. 6606--B 182 A. 9706--C
1 purchase is an expenditure within the discretionary threshold amounts
2 established by this subdivision, the officer, board or agency of a poli-
3 tical subdivision or of any district therein shall consider the reason-
4 ably expected aggregate amount of all purchases of the same commodities,
5 services or technology to be made within the twelve-month period
6 commencing on the date of purchase. Purchases of commodities, services
7 or technology shall not be artificially divided for the purpose of
8 satisfying the discretionary buying thresholds established by this
9 subdivision. A change to or a renewal of a discretionary purchase shall
10 not be permitted if the change or renewal would bring the reasonably
11 expected aggregate amount of all purchases of the same commodities,
12 services or technology from the same provider within the twelve-month
13 period commencing on the date of the first purchase to an amount greater
14 than the discretionary buying threshold amount. In any case where a
15 responsible bidder's gross price is reducible by an allowance for the
16 value of used machinery, equipment, apparatus or tools to be traded in
17 by a political subdivision, the gross price shall be reduced by the
18 amount of such allowance, for the purpose of determining the low bid. In
19 cases where two or more responsible bidders furnishing the required
20 security submit identical bids as to price, such officer, board or agen-
21 cy may award the contract to any of such bidders. Such officer, board or
22 agency may, in his, her or its discretion, reject all bids and readver-
23 tise for new bids in the manner provided by this section.
24 § 3. Subdivision 5 of section 103 of the general municipal law, as
25 amended by chapter 413 of the laws of 1991, is amended to read as
26 follows:
27 5. Upon the adoption of a resolution by a vote of at least three-
28 fifths of all the members of the governing body of a political subdivi-
29 sion or district therein stating that, for reasons of efficiency or
30 economy, there is need for standardization, purchase contracts for a
31 particular type or kind of equipment, material or supplies [of more than
32 ten thousand dollars] in excess of the monetary threshold fixed for
33 purchase contracts in this section may be awarded by the appropriate
34 officer, board or agency of such political subdivision or any such
35 district therein, to the lowest responsible bidder furnishing the
36 required security after advertisement for sealed bids therefor in the
37 manner provided in this section. Such resolution shall contain a full
38 explanation of the reasons for its adoption.
39 § 4. Section 103-d of the general municipal law, as amended by chapter
40 675 of the laws of 1966, is amended to read as follows:
41 § 103-d. Statement of non-collusion in bids and proposals to political
42 subdivision of the state. 1. Every bid or proposal hereafter made to a
43 political subdivision of the state or any public department, agency or
44 official thereof where competitive bidding is required by statute, rule,
45 regulation or local law, for work or services performed or to be
46 performed or goods sold or to be sold, shall contain the following
47 statement subscribed by the bidder and affirmed by such bidder as true
48 under the penalties of perjury: Non-collusive bidding certification.
49 "(a) By submission of this bid, each bidder and each person signing on
50 behalf of any bidder certifies, and in the case of a joint bid each
51 party thereto certifies as to its own organization, under penalty of
52 perjury, that to the best of knowledge and belief:
53 (1) The prices in this bid have been arrived at independently without
54 collusion, consultation, communication, or agreement, for the purpose of
55 restricting competition, as to any matter relating to such prices with
56 any other bidder or with any competitor;
S. 6606--B 183 A. 9706--C
1 (2) Unless otherwise required by law, the prices which have been quot-
2 ed in this bid have not been knowingly disclosed by the bidder and will
3 not knowingly be disclosed by the bidder prior to opening, directly or
4 indirectly, to any other bidder or to any competitor; and
5 (3) No attempt has been made or will be made by the bidder to induce
6 any other person, partnership or corporation to submit or not to submit
7 a bid for the purpose of restricting competition. "
8 (a-1) Notwithstanding the foregoing, the statement of non-collusion
9 may be submitted electronically in accordance with the provisions of
10 subdivision one of section one hundred three of the general municipal
11 law.
12 (b) A bid shall not be considered for award nor shall any award be
13 made where (a) (1) (2) and (3) above have not been complied with;
14 provided however, that if in any case the bidder cannot make the forego-
15 ing certification, the bidder shall so state and shall furnish with the
16 bid a signed statement which sets forth in detail the reasons therefor.
17 Where (a) (1) (2) and (3) above have not been complied with, the bid
18 shall not be considered for award nor shall any award be made unless the
19 head of the purchasing unit of the political subdivision, public depart-
20 ment, agency or official thereof to which the bid is made, or his desig-
21 nee, determines that such disclosure was not made for the purpose of
22 restricting competition.
23 The fact that a bidder (a) has published price lists, rates, or
24 tariffs covering items being procured, (b) has informed prospective
25 customers of proposed or pending publication of new or revised price
26 lists for such items, or (c) has sold the same items to other customers
27 at the same prices being bid, does not constitute, without more, a
28 disclosure within the meaning of subparagraph one (a).
29 2. Any bid hereafter made to any political subdivision of the state or
30 any public department, agency or official thereof by a corporate bidder
31 for work or services performed or to be performed or goods sold or to be
32 sold, where competitive bidding is required by statute, rule, regu-
33 lation, or local law, and where such bid contains the certification
34 referred to in subdivision one of this section, shall be deemed to have
35 been authorized by the board of directors of the bidder, and such
36 authorization shall be deemed to include the signing and submission of
37 the bid and the inclusion therein of the certificate as to non-collusion
38 as the act and deed of the corporation.
39 § 5. Intentionally omitted.
40 § 6. Intentionally omitted.
41 § 7. Intentionally omitted.
42 § 8. Intentionally omitted.
43 § 9. Intentionally omitted.
44 § 10. Subdivision 7 of section 163 of the state finance law, as sepa-
45 rately amended by sections 12 and 20 of chapter 137 of the laws of 2008,
46 is amended and a new subdivision 7-a is added to read as follows:
47 7. Method of procurement. Consistent with the requirements of subdivi-
48 sions three and four of this section, state agencies shall select among
49 permissible methods of procurement including, but not limited to, an
50 invitation for bid, request for proposals or other means of solicitation
51 pursuant to guidelines issued by the state procurement council. State
52 agencies may accept bids electronically including submission of the
53 statement of non-collusion required by section one hundred thirty-nine-d
54 of this chapter and may, for technology contracts [only,] and, in addi-
55 tion, for the period from July first, two thousand ten, to July first,
56 two thousand twelve, fuels (home heating, diesel, gasoline, natural
S. 6606--B 184 A. 9706--C
1 gas), road salt, recycled paper, tires, telecommunications equipment,
2 industrial supplies (tools, equipment), bituminous materials, drainage
3 and culvert pipe, and road aggregate (gravel), require electronic
4 submission as the sole method for the submission of bids for the solic-
5 itation, provided that the agency has made a determination, which shall
6 be documented in the procurement record, that such method affords a fair
7 and equal opportunity for offerers to submit responsive offers. Except
8 where otherwise provided by law, procurements shall be competitive, and
9 state agencies shall conduct formal competitive procurements to the
10 maximum extent practicable. State agencies shall document the determi-
11 nation of the method of procurement and the basis of award in the
12 procurement record. Where the basis for award is the best value offer,
13 the state agency shall document, in the procurement record and in
14 advance of the initial receipt of offers, the determination of the eval-
15 uation criteria, which whenever possible, shall be quantifiable, and the
16 process to be used in the determination of best value and the manner in
17 which the evaluation process and selection shall be conducted.
18 7-a. On or before February first, two thousand twelve, the commission-
19 er of the office of general services shall submit to the speaker of the
20 assembly and the temporary president of the senate a report describing:
21 (a) the number of times the office of general services required elec-
22 tronic submission as the sole method by which bids could be submitted
23 for the period from July first, two thousand ten through December thir-
24 ty-first, two thousand eleven;
25 (b) the estimated savings to the state as a result of the office of
26 general services requiring electronic submission as the sole method by
27 which bids could be submitted in response to a solicitation and the
28 basis on which the estimate is made;
29 (c) to the extent practicable, the size, minority- and women-owned
30 business enterprise composition and geographic distribution of those
31 vendors that submitted bids in response to an office of general services
32 solicitation where electronic submission was the sole method by which
33 bids could be submitted for the period from July first, two thousand ten
34 to December thirty-first, two thousand eleven; and
35 (d) to the extent practicable, the size, minority- and women-owned
36 business enterprise composition and geographic distribution of those
37 vendors that submitted bids in response to an office of general services
38 solicitation for those contracts described in subdivision seven of this
39 section for the period from July first, two thousand eight through June
40 thirtieth, two thousand ten.
41 § 11. Subdivision 1 of section 139-d of the state finance law is
42 amended by adding a new paragraph (a-1) to read as follows:
43 (a-1) Notwithstanding the foregoing, the statement of non-collusion
44 may be submitted electronically in accordance with the provisions of
45 subdivision seven of section one hundred sixty-three of the state
46 finance law.
47 § 12. Section 20 of the public buildings law, as amended by chapter
48 640 of the laws of 1989, is amended to read as follows:
49 § 20. Work done by special order. The commissioner of general
50 services shall determine when minor work of construction, recon-
51 struction, alteration or repair of any state building may be done by
52 special order. Special orders for such work shall be short-form
53 contracts approved by the attorney general and by the comptroller. No
54 work shall be done by special order in an amount in excess of [fifty]
55 one hundred thousand dollars and a bond shall not be required for
56 special orders. No work shall be done by special order unless the
S. 6606--B 185 A. 9706--C
1 commissioner has presented to the comptroller evidence that he has made
2 a diligent effort to obtain competition sufficient to protect the inter-
3 ests of the state prior to selecting the contractor to perform the work.
4 Notwithstanding the provisions of subdivision two of section eight of
5 this chapter, work done by special order under this section may be
6 advertised solely through the regular public notification service of the
7 office of general services. At least five days shall elapse between the
8 first publication of such public notice and the date so specified for
9 the public opening of bids. All payments on special orders shall be
10 made on the certificate of the commissioner of general services and
11 audited and approved by the state comptroller. All special orders shall
12 contain a clause that the special order shall only be deemed executory
13 to the extent of the moneys available and no liability shall be incurred
14 by the state beyond the moneys available for the purpose.
15 § 12-a. Intentionally omitted.
16 § 13. This act shall take effect immediately and shall apply to any
17 contract let or awarded on or after such date; provided, however, that:
18 1. the amendments to subdivision 1 of section 103 of the general
19 municipal law made by section one of this act shall not affect the expi-
20 ration and reversion of such subdivision as provided in subdivision (a)
21 of section 41 of part X of chapter 62 of the laws of 2003, as amended,
22 when upon such date the provisions of section two of this act shall take
23 effect; and
24 2. the amendments to section 103-d of the general municipal law made
25 by section four of this act shall expire and be deemed repealed on the
26 same date and in the same manner as section 4 of part X of chapter 62 of
27 the laws of 2003, as provided in subdivision (a) of section 41 of part X
28 of chapter 62 of the laws of 2003, as amended; and
29 3. the amendments to subdivision 7 of section 163 of the state finance
30 law made by section ten of this act shall not affect the repeal of such
31 subdivision and shall be deemed repealed therewith; and
32 4. the amendments to section 139-d of the state finance law made by
33 section eleven of this act shall expire and be deemed repealed on the
34 same date and in the same manner as section 33 of chapter 83 of the laws
35 of 1995, as provided in subdivision 5 of section 362 of chapter 83 of
36 the laws of 1995, as amended.
37 PART GG
38 Intentionally omitted.
39 PART HH
40 Intentionally omitted.
41 PART II
42 Intentionally omitted.
43 PART JJ
44 Section 1. The state comptroller is hereby authorized and directed to
45 loan money in accordance with the provisions set forth in subdivision 5
46 of section 4 of the state finance law to the following funds and/or
47 accounts:
48 1. Tuition reimbursement fund (050):
S. 6606--B 186 A. 9706--C
1 a. Tuition reimbursement account (01).
2 b. Proprietary vocational school supervision account (02).
3 2. Local government records management improvement fund (052):
4 a. Local government records management account (01).
5 3. Dedicated highway and bridge trust fund (072):
6 a. Highway and bridge capital account (01).
7 4. State University Residence Hall Rehabilitation Fund (074).
8 5. State parks infrastructure trust fund (076):
9 a. State parks infrastructure account (01).
10 6. Clean water/clean air implementation fund (079).
11 7. State lottery fund (160):
12 a. Education - New (03).
13 b. VLT - Sound basic education fund (06).
14 8. Medicaid management information system escrow fund (179).
15 9. Federal operating grants fund (290) federal capital grants fund
16 (291).
17 10. Sewage treatment program management and administration fund (300).
18 11. Environmental conservation special revenue fund (301):
19 a. Hazardous bulk storage account (F7).
20 b. Utility environmental regulation account (H4).
21 c. Low level radioactive waste siting account (K5).
22 d. Recreation account (K6).
23 e. Conservationist magazine account (S4).
24 f. Environmental regulatory account (S5).
25 g. Natural resource account (S6).
26 h. Mined land reclamation program account (XB).
27 i. Federal grants indirect cost recovery account (IC).
28 12. Environmental protection and oil spill compensation fund (303).
29 13. Hazardous waste remedial fund (312):
30 a. Site investigation and construction account (01).
31 b. Hazardous waste remedial clean up account (06).
32 14. Mass transportation operating assistance fund (313):
33 a. Public transportation systems account (01).
34 b. Metropolitan mass transportation (02).
35 15. Clean air fund (314):
36 a. Operating permit program account (01).
37 b. Mobile source account (02).
38 16. Centralized services fund (323).
39 17. State exposition special fund (325).
40 18. Agency enterprise fund (331):
41 a. OGS convention center account (55).
42 19. Agencies internal service fund (334):
43 a. Archives records management account (02).
44 b. Federal single audit account (05).
45 c. Civil service law: sec 11 admin account (09).
46 d. Civil service EHS occupational health program account (10).
47 e. Banking services account (12).
48 f. Cultural resources survey account (14).
49 g. Neighborhood work project (17).
50 h. Automation & printing chargeback account (18).
51 i. OFT NYT account (20).
52 j. Data center account (23).
53 k. Human service telecom account (24).
54 l. Centralized Technology services account (30).
55 m. OMRDD copy center account (26).
56 n. Intrusion detection account (27).
S. 6606--B 187 A. 9706--C
1 o. Domestic violence grant account (28).
2 p. Learning management system account.
3 20. Miscellaneous special revenue fund (339):
4 a. Statewide planning and research cooperative system account (03).
5 b. OMRDD provider of service account (05).
6 c. New York state thruway authority account (08).
7 d. Mental hygiene patient income account (13).
8 e. Financial control board account (15).
9 f. Regulation of racing account (16).
10 g. New York metropolitan transportation council account (17).
11 h. Quality of care account (20).
12 i. Cyber upgrade account (25).
13 j. Certificate of need account (26).
14 k. Hospital and nursing home management account (44).
15 l. State university dormitory income reimbursable account (47).
16 m. Energy research account (60).
17 n. Criminal justice improvement account (62).
18 o. Fingerprint identification and technology account (68).
19 p. Environmental laboratory reference fee account (81).
20 q. Clinical laboratory reference system assessment account (90).
21 r. Public employment relations board account (93).
22 s. Radiological health protection account (95).
23 t. Teacher certification account (A4).
24 u. Banking department account (A5).
25 v. Cable television account (A6).
26 w. Indirect cost recovery account (AH).
27 x. High school equivalency program account (AI).
28 y. Rail safety inspection account (AQ).
29 z. Child support revenue account (AX).
30 aa. Multi-agency training account (AY).
31 bb. Critical infrastructure account (B3).
32 cc. Insurance department account (B6).
33 dd. Bell jar collection account (BJ).
34 ee. Industry and utility service account (BK).
35 ff. Real property disposition account (BP).
36 gg. Parking account (BQ).
37 hh. Asbestos safety training program account (BW).
38 ii. Improvement of real property tax administration account (BZ).
39 jj. Public service account (C3).
40 kk. Batavia school for the blind account (D9).
41 ll. Investment services account (DC).
42 mm. Surplus property account (DE).
43 nn. OMRDD day services account (DH).
44 oo. Financial oversight account (DI).
45 pp. Regulation of indian gaming account (DT).
46 qq. Special conservation activities account (CU).
47 rr. Interest assessment account (DZ).
48 ss. Office of the professions account (E3).
49 tt. Rome school for the deaf account (E6).
50 uu. Seized assets account (E8).
51 vv. Administrative adjudication account (E9).
52 ww. Federal salary sharing account (EC).
53 xx. Cultural education account (EN).
54 yy. Examination and miscellaneous revenue account (ER).
55 zz. Transportation regulation account (F1).
56 aaa. Local services account (G3).
S. 6606--B 188 A. 9706--C
1 bbb. Electronic benefit transfer and common benefit identification
2 card account (GD).
3 ccc. Housing special revenue account (H2).
4 ddd. Department of motor vehicles compulsory insurance account (H7).
5 eee. Housing Indirect cost recovery (HI).
6 fff. Housing credit agency application fee account (J5).
7 ggg. EPIC premium account (J6).
8 hhh. Federal gasoline and diesel fuel excise tax account (L6).
9 iii. OTDA earned revenue account (L7).
10 jjj. Low income housing credit monitoring fee account (NG).
11 kkk. Procurement opportunities newsletter account (P4).
12 lll. Corporation administration account (P6).
13 mmm. Montrose veteran's home account (Q6).
14 nnn. Excelsior capital corporation reimbursement account (R1).
15 ooo. Motor fuel quality account (R4).
16 ppp. Deferred compensation administration account (R7).
17 qqq. Rent revenue other account (RR).
18 rrr. Batavia medicaid income account (S1).
19 sss. Rent revenue account (S8).
20 ttt. Tax revenue arrearage account (TR).
21 uuu. Solid waste management account (W3).
22 vvv. Occupational health clinics account (W4).
23 www. Capacity contracting (XU).
24 xxx. Point insurance reduction program account.
25 yyy. Internet point insurance reduction program account.
26 zzz. Mental hygiene program fund account (10).
27 aaaa. Third party debt collection account.
28 21. State university income fund (345):
29 a. State university general income offset account (11).
30 22. State police and motor vehicle law enforcement fund (354):
31 a. State police motor vehicle law enforcement account (02).
32 23. Youth facilities improvement fund (357):
33 a. Youth facilities improvement account (01).
34 24. Highway safety program fund (362):
35 a. Highway safety program account (01).
36 25. Drinking water program management and administration fund (366):
37 a. EFC drinking water program account (01).
38 b. DOH drinking water program account (02).
39 26. New York city county clerks offset fund (368):
40 a. NYCCC operating offset account (01).
41 27. Housing assistance fund (374).
42 28. Housing program fund (376).
43 29. Department of transportation - engineering services fund (380):
44 a. Highway facility purpose account (01).
45 30. Miscellaneous capital projects fund (387):
46 a. Clean air capital account (08).
47 b. New York racing account.
48 31. Mental hygiene facilities capital improvement fund (389).
49 32. Joint labor/management administration fund (394):
50 a. Joint labor/management administration fund (01).
51 33. Audit and control revolving fund (395):
52 a. Executive direction internal audit account (04).
53 34. Health insurance internal service fund (396):
54 a. Health insurance internal service account (00).
55 b. Civil service employee benefits div admin (01).
56 35. Correctional industries revolving fund (397).
S. 6606--B 189 A. 9706--C
1 36. Correctional facilities capital improvement fund (399).
2 37. HCRA resources fund (061):
3 a. EPIC premium account (J6).
4 b. Maternal and child HIV services account (LC).
5 c. Hospital based grants program account (AF).
6 d. Child health plus program account (29).
7 § 1-a. The state comptroller is hereby authorized and directed to loan
8 money in accordance with the provisions set forth in subdivision 5 of
9 section 4 of the state finance law to any account within the following
10 federal funds, provided the comptroller has made a determination that
11 sufficient federal grant award authority is available to reimburse such
12 loans:
13 1. Federal USDA-food nutrition services fund (261).
14 2. Federal health and human services fund (265).
15 3. Federal education grants fund (267).
16 4. Federal block grant fund (269).
17 5. Federal operating grants fund (290).
18 6. Federal capital projects fund (291).
19 7. Federal unemployment insurance administration fund (480).
20 8. Federal unemployment insurance occupational training fund (484).
21 9. Federal employment and training grants (486).
22 § 2. Notwithstanding any law to the contrary, and in accordance with
23 section 4 of the state finance law, the comptroller is hereby authorized
24 and directed to transfer, upon request of the director of the budget, on
25 or before March 31, 2011, up to the unencumbered balance or the follow-
26 ing amounts:
27 Economic Development and Public Authorities:
28 1. $100,000 from the miscellaneous special revenue fund (339) under-
29 ground facilities safety training account (US), to the general fund.
30 2. An amount up to the unencumbered balance from the miscellaneous
31 special revenue fund (339), business and licensing services account
32 (AG), to the general fund.
33 3. $14,810,000 from the miscellaneous special revenue fund (339), code
34 enforcement account (07), to the general fund.
35 Education:
36 1. $2,231,000,000 from the general fund to the state lottery fund
37 (160), education account (03), as reimbursement for disbursements made
38 from such fund for supplemental aid to education pursuant to section
39 92-c of the state finance law that are in excess of the amounts deposit-
40 ed in such fund for such purposes pursuant to section 1612 of the tax
41 law.
42 2. $862,000,000 from the general fund to the state lottery fund (160),
43 VLT education account (06), as reimbursement for disbursements made from
44 such fund for supplemental aid to education pursuant to section 92-c of
45 the state finance law that are in excess of the amounts deposited in
46 such fund for such purposes pursuant to section 1612 of the tax law.
47 3. Moneys from the state lottery fund (160) up to an amount deposited
48 in such fund pursuant to section 1612 of the tax law in excess of the
49 current year appropriation for supplemental aid to education pursuant to
50 section 92-c of the state finance law.
51 4. $300,000 from the local government records management improvement
52 fund (052) to the archives partnership trust fund (024).
53 5. $700,000 from the general fund to the miscellaneous special revenue
54 fund (339), Batavia school for the blind account (D9).
55 6. $400,000 from the general fund to the miscellaneous special revenue
56 fund (339), Rome school for the deaf account (E6).
S. 6606--B 190 A. 9706--C
1 7. $1,500,000 from the general fund for the private schools for the
2 blind and deaf may be transferred to the department of health miscella-
3 neous special revenue fund (339), quality assurance and audit revenue
4 activities account (GB). Notwithstanding any other law, rule or regu-
5 lation to the contrary, funds shall be available for transfer to the
6 department of health miscellaneous special revenue fund (339), quality
7 assurance and audit revenue activities account (GB), upon the approval
8 by the director of the budget of a staffing and expenditure plan devel-
9 oped by the department of health in consultation with the state educa-
10 tion department.
11 8. $55,000,000 from the state university dormitory income fund (330)
12 to the state university residence hall rehabilitation fund (074).
13 9. $315,000,000 from the state university dormitory income fund (330)
14 to the miscellaneous special revenue fund (339), state university dormi-
15 tory income reimbursable account (47).
16 10. $1,000,000 from the miscellaneous special revenue fund (339),
17 cultural education account (EN), to the miscellaneous special revenue
18 fund (339), summer school of the arts account (38).
19 11. $24,000,000 from any of the state education department special
20 revenue and internal service funds to the miscellaneous special revenue
21 fund (339), indirect cost recovery account (AH).
22 12. $8,318,000 from the general fund to the state university income
23 fund (345), state university income offset account (11), for the state's
24 share of repayment of the STIP loan.
25 13. Up to $4,000,000 from the miscellaneous special revenue fund
26 (339), office of the professions account (E3), to the miscellaneous
27 special revenue fund (339), education assessment account, notwithstand-
28 ing the provisions of subdivision 3 of section 97-nnn of the state
29 finance law, or any other law, rule or regulation to the contrary,
30 subject to the approval of the director of the budget of an expenditure
31 plan submitted by the commissioner of education.
32 Environmental Affairs:
33 1. $500,000 from the department of transportation's federal capital
34 projects fund (291) to the office of parks and recreation federal oper-
35 ating grants fund (290), miscellaneous operating grants account.
36 2. $5,000,000 from the general fund to the hazardous waste remedial
37 fund (312), hazardous waste remediation oversight and assistance account
38 (00).
39 3. $16,000,000 from any of the department of environmental conserva-
40 tion's special revenue federal funds to the special revenue fund (301)
41 federal grant indirect cost recovery account.
42 4. $3,000,000 from any of the office of parks, recreation and historic
43 preservation capital projects federal funds and special revenue federal
44 funds to the special revenue fund (339) federal grant indirect cost
45 recovery account (Z1).
46 5. $1,000,000 from any of the office of parks, recreation and historic
47 preservation special revenue federal funds to the special revenue fund
48 (339), I love NY water account (39).
49 6. $105,000 from the state exposition special fund (325), state fair
50 receipts account (01), to the general fund.
51 7. $10,000,000 from resources made available through the use of bond
52 financing for activities in the environmental protection fund (078),
53 environmental protection transfer account (01), to the general fund.
54 Family Assistance:
55 1. $10,000,000 from any of the office of children and family services,
56 office of temporary and disability assistance, or department of health
S. 6606--B 191 A. 9706--C
1 special revenue federal funds and the general fund, in accordance with
2 agreements with social services districts, to the miscellaneous special
3 revenue fund (339), office of human resources development state match
4 account (2C).
5 2. $3,000,000 from any of the office of children and family services
6 or office of temporary and disability assistance special revenue federal
7 funds to the miscellaneous special revenue fund (339), family preserva-
8 tion and support services and family violence services account (GC).
9 3. $6,000,000 from any of the office of children and family services
10 special revenue federal funds to the general fund for title IV-E
11 reimbursement of youth facility costs.
12 4. $28,000,000 from any of the office of children and family services,
13 office of temporary and disability assistance, or department of health
14 special revenue federal funds and any other miscellaneous revenues
15 generated from the operation of office of children and family services
16 programs to the miscellaneous special revenue fund (339), office of
17 children and family services income account (AR).
18 5. $10,000,000 from any of the office of children and family services
19 or office of temporary and disability assistance special revenue funds
20 or the general fund to the miscellaneous special revenue fund (339),
21 connections account (WK).
22 6. $41,000,000 from any of the office of temporary and disability
23 assistance accounts within the federal health and human services fund
24 (265) to the general fund.
25 7. $8,300,000 from any of the office of temporary and disability
26 assistance accounts within the federal health and human services fund
27 (265) to the miscellaneous special revenue fund (339), client notices
28 account (EG).
29 8. $100,728,000 from any of the office of temporary and disability
30 assistance, department of health or office of children and family
31 services special revenue funds to the miscellaneous special revenue fund
32 (339), office of temporary and disability assistance earned revenue
33 account (L7).
34 9. $2,500,000 from any of the office of temporary and disability
35 assistance or office of children and family services special revenue
36 federal funds to the miscellaneous special revenue fund (339), office of
37 temporary and disability assistance program account (AL).
38 10. $50,000,000 from any of the office of children and family
39 services, office of temporary and disability assistance, department of
40 labor, and department of health special revenue federal funds to the
41 office of children and family services miscellaneous special revenue
42 fund (339), multi-agency training contract account (AY).
43 11. $24,170,000 from the office of temporary and disability assistance
44 federal health and human services fund (265) to the miscellaneous
45 special revenue fund (339), child support revenue account (AX).
46 12. $6,300,000 from any of the office of children and family services,
47 office of temporary and disability assistance, department of labor, or
48 department of health special revenue funds to the office of temporary
49 and disability assistance miscellaneous special revenue fund (339),
50 multi-agency systems development account (MD).
51 13. $10,073,000 from any of the office of temporary and disability
52 assistance special revenue federal funds, to the miscellaneous special
53 revenue fund (339), OTDA training contract account (48).
54 14. $222,000,000 from the miscellaneous special revenue fund (339),
55 youth facility per Diem account (YF), to the general fund.
S. 6606--B 192 A. 9706--C
1 15. $10,000,000 from any of the office of temporary and disability
2 assistance special revenue federal funds, to the miscellaneous special
3 revenue fund (339), electronic benefit transfer and common benefit iden-
4 tification card account (GD).
5 16. $1,381,800 from the general fund to the combined gifts, grants and
6 bequests fund (020), WB Hoyt Memorial account (78).
7 17. $7,000,000 from any of the office of temporary and disability
8 assistance accounts within the federal health and human services fund
9 (265), to the general fund.
10 18. $1,300,000 from any of the office of temporary and disability
11 assistance and department of health special revenue federal funds to the
12 miscellaneous special revenue fund (339) welfare inspector general
13 administrative reimbursement account (WW).
14 General Government:
15 1. $1,545,000 from the miscellaneous special revenue fund (339), exam-
16 ination and miscellaneous revenue account (ER) to the general fund.
17 2. $12,500,000 from the general fund to the health insurance revolving
18 fund (396).
19 3. $192,400,000 from the health insurance reserve receipts fund (167)
20 to the general fund.
21 4. $150,000 from the general fund to the not-for-profit revolving loan
22 fund (055).
23 5. $150,000 from the not-for-profit revolving loan fund (055) to the
24 general fund.
25 6. $11,000,000 from the miscellaneous special revenue fund (339), real
26 property disposition account (BP), to the general fund.
27 7. $3,000,000 from the miscellaneous special revenue fund (339),
28 surplus property account (DE), to the general fund.
29 8. $22,335,000 from the general fund to the miscellaneous special
30 revenue fund (339), alcoholic beverage control account (DB).
31 9. $2,000,000 from the miscellaneous special revenue fund (339),
32 federal liability account (FL), to the general fund.
33 10. $23,000,000 from the miscellaneous special revenue fund (339),
34 revenue arrearage account (CR), to the general fund.
35 11. $1,826,000 from the miscellaneous special revenue fund (339)
36 revenue arrearage account (CR), to the miscellaneous special revenue
37 fund (339) authority budget office account.
38 12. $60,000,000 from any account within the special revenue federal
39 funds receiving money pursuant to federal Medicare Part D legislation to
40 the general fund.
41 13. $11,000,000 from the general fund to the miscellaneous special
42 revenue fund (339), statewide financial system account (FM).
43 14. $1,000,000 from the miscellaneous special revenue fund (339),
44 parking services account (BQ), to the general debt service fund (311),
45 general debt service account.
46 15. $2,000,000 from the miscellaneous special revenue fund (339),
47 procurement account (CH), to the general fund.
48 16. $10,000,000 from the centralized services fund (323), OGS building
49 administration account (ZY), to the general fund.
50 Health:
51 1. $12,000,000 from any of the department of health accounts within
52 the federal health and human services fund (265) to the general fund.
53 2. $139,560,000 from any of the department of health accounts within
54 the federal health and human services fund (265) to the miscellaneous
55 special revenue fund (339), quality of care account (20).
S. 6606--B 193 A. 9706--C
1 3. $1,000,000 from the general fund to the combined gifts, grants and
2 bequests fund (020), breast cancer research and education account (BD),
3 an amount equal to the monies collected and deposited into that account
4 in the previous fiscal year.
5 4. $2,464,000 from any of the department of health accounts within the
6 federal health and human services fund (265) to the department of health
7 miscellaneous special revenue fund (339), statewide planning and
8 research cooperation system (SPARCS) program account (03).
9 5. $250,000 from the general fund to the combined gifts, grants and
10 bequests fund (020), prostate cancer research, detection, and education
11 account (PR), an amount equal to the moneys collected and deposited into
12 that account in the previous fiscal year.
13 6. $500,000 from the general fund to the combined gifts, grants and
14 bequests fund (020), Alzheimer's disease research and assistance account
15 (AA), an amount equal to the moneys collected and deposited into that
16 account in the previous fiscal year.
17 7. $1,000,000 from the miscellaneous special revenue fund (339),
18 administration account (AP), to the general fund.
19 8. $600,000,000 from any of the department of health accounts within
20 the federal health and human services fund (265) to the miscellaneous
21 special revenue fund (339), federal state health reform partnership
22 account (FS).
23 9. $70,000,000 from the general fund to the miscellaneous special
24 revenue fund (339) empire state stem cell trust fund account (SR).
25 10. $1,250,000 from the miscellaneous New York state agency fund
26 (169), medical assistance account to the department of health miscella-
27 neous special revenue fund (339), third party health insurance account
28 (35).
29 11. $3,700,000 from the miscellaneous New York state agency fund
30 (169), medical assistance account to the office of medicaid inspector
31 general miscellaneous special revenue fund (339), recoveries and revenue
32 account (C9).
33 Labor:
34 1. $700,000 from the labor standards miscellaneous special revenue
35 fund (339), fee and penalty account (30), to the child performer
36 protection fund (025), child performer protection account (CP).
37 2. $8,000,000 from the labor standards miscellaneous special revenue
38 fund (339), fee and penalty account (30), to the general fund.
39 3. $10,500,000 from the unemployment insurance interest and penalty
40 special revenue fund (482), unemployment insurance special interest and
41 penalty account (01), to the general fund.
42 4. $2,700,000 from the labor standards miscellaneous special revenue
43 fund (339), public work enforcement account (BA), to the general fund.
44 5. $1,500,000 from the training and education program on occupational
45 safety and health fund (305), occupational safety and health inspection
46 account (02), to the general fund.
47 Mental Hygiene:
48 1. $5,000,000 from the miscellaneous special revenue fund (339),
49 mental hygiene patient income account (13), to the miscellaneous special
50 revenue fund (339), federal salary sharing account (EC).
51 2. $240,000,000 from the miscellaneous special revenue fund (339),
52 mental hygiene patient income account (13) to the miscellaneous special
53 revenue fund (339), provider of service accounts (05).
54 3. $190,000,000 from the miscellaneous special revenue fund (339),
55 mental hygiene program fund account (10) to the miscellaneous special
56 revenue fund (339), provider of service account (05).
S. 6606--B 194 A. 9706--C
1 4. $150,000,000 from the general fund to the miscellaneous special
2 revenue fund (339), mental hygiene patient income account (13).
3 5. $150,000,000 from the general fund to the miscellaneous special
4 revenue fund (339), mental hygiene program fund account (10).
5 6. $300,000,000 from the miscellaneous special revenue fund (339),
6 mental hygiene program fund account (10) to the general fund.
7 7. $150,000,000 from the miscellaneous special revenue fund (339),
8 mental hygiene patient income account (13) to the general fund.
9 8. $750,000 from the federal operating grants fund (290), to the
10 general fund.
11 Public Protection:
12 1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
13 gency management account (61), to the general fund.
14 2. $3,300,000 from the general fund to the miscellaneous special
15 revenue fund (339), recruitment incentive account (U2).
16 3. $14,000,000 from the general fund to the correctional industries
17 revolving fund (397), correctional industries internal service account
18 (00).
19 4. $25,500,000 from the miscellaneous special revenue fund (339),
20 statewide public safety communications account (LZ), to the miscella-
21 neous special revenue fund (339), seized assets account (E8).
22 5. $1,500,000 from the miscellaneous special revenue fund (339),
23 statewide public safety communications account (LZ), to the combined
24 gifts, grants and bequests fund (020), New York state emergency services
25 revolving loan account (AU).
26 6. $8,677,000 from the miscellaneous special revenue fund (339),
27 statewide public safety communications account (LZ), to the general debt
28 service fund (311), revenue bond tax account (02).
29 7. $10,000,000 from federal miscellaneous operating grants fund (290),
30 DMNA damage account (71), to the general fund.
31 8. $16,000,000 from the general fund to the miscellaneous special
32 revenue fund (339), crimes against revenue program account (CA).
33 9. $2,000,000 from the general fund to the Attica state employee
34 victims' fund (013).
35 10. $20,000,000 from any office of homeland security account within
36 the federal miscellaneous operating grants fund (290), receiving money
37 through the homeland security grants program, to the general fund.
38 11. $11,500,000 from the federal miscellaneous operating grants fund
39 (290) world trade center account, to the general fund.
40 12. $13,000,000 from the miscellaneous special revenue fund (339)
41 criminal justice improvement account (62) to the general fund.
42 13. $8,000,000 from the miscellaneous special revenue fund (390) indi-
43 gent legal services fund (01) to the general fund.
44 14. $1,500,000 from the agency enterprise fund (331) farm program
45 account (FM), to the general fund.
46 15. $45,000,000 from the miscellaneous special revenue fund (339),
47 statewide public safety communications account (LZ), to the general
48 fund.
49 16. $5,000,000 from the general fund to the miscellaneous special
50 revenue fund (339) legal services assistance account (IM).
51 17. $4,800,000 from the federal miscellaneous operating grants fund
52 (290) world trade center account, to the miscellaneous special revenue
53 fund (339) New York alert account (NY).
54 Transportation:
S. 6606--B 195 A. 9706--C
1 1. $17,672,000 from the federal miscellaneous operating grants fund
2 (290) to the special revenue fund (339), tri-state federal regional
3 planning account (17).
4 2. $20,147,000 from the federal capital projects fund (291) to the
5 special revenue fund (339), tri-state federal regional planning accounts
6 (17).
7 3. $14,300,000 from the miscellaneous special revenue fund (339),
8 compulsory insurance account (H7), to the general fund.
9 4. $20,000,000 from the suburban transportation fund (327) to the mass
10 transportation operating assistance fund (313), additional mass trans-
11 portation fund account (06).
12 5. $19,000,000 from the general fund to the mass transportation oper-
13 ating assistance fund (313) public transportation systems accounts (01).
14 6. $16,721,000 from the mass transportation operating assistance fund
15 (313) metropolitan mass transit operating assistance account (02), to
16 the mass transportation operating assistance fund (313) public transpor-
17 tation systems operating assistance account (01).
18 7. $764,736,000 from the general fund to the dedicated highway and
19 bridge trust fund (072).
20 8. $803,000 from the miscellaneous special revenue fund (339), surplus
21 property account (42), to the general fund.
22 9. $600,000 from the miscellaneous special revenue fund (339), inter-
23 net point insurance reduction program account (IC), to the general fund.
24 Miscellaneous:
25 1. $75,000,000 from the general fund to any funds or accounts for the
26 purpose of reimbursing certain outstanding accounts receivable balances.
27 2. $250,000,000 from the general fund to the debt reduction reserve
28 fund (064).
29 3. $23,300,000 from the general fund to the miscellaneous special
30 revenue fund (339), improvement of real property tax administrative
31 account (BZ).
32 § 3. Notwithstanding any law to the contrary, and in accordance with
33 section 4 of the state finance law, the comptroller is hereby authorized
34 and directed to transfer, on or before March 31, 2011:
35 1. Upon request of the commissioner of environmental conservation, up
36 to $10,733,000 from revenues credited to any of the department of envi-
37 ronmental conservation special revenue funds, including $3,135,800 from
38 the environmental protection and oil spill compensation fund (303), and
39 $1,739,600 from the conservation fund (302), to the environmental
40 conservation special revenue fund (301), indirect charges account (BJ).
41 2. Upon request of the commissioner of agriculture and markets, up to
42 $3,000,000 from any special revenue fund or enterprise fund within the
43 department of agriculture and markets to the miscellaneous special
44 revenue fund (339) administrative costs account, to pay appropriate
45 administrative expenses.
46 3. Upon request of the commissioner of agriculture and markets, up to
47 $2,000,000 from the state exposition special fund (325), state fair
48 receipts account (01) to the miscellaneous capital projects fund (387),
49 state fair capital improvement account (13).
50 4. Upon request of the commissioner of the division of housing and
51 community renewal, up to $2,911,000 from revenues credited to any divi-
52 sion of housing and community renewal miscellaneous special revenue fund
53 (339) to the agency cost recovery account (HI).
54 5. Upon request of the commissioner of health up to $15,000,000 from
55 revenues credited to any of the department of health's special revenue
S. 6606--B 196 A. 9706--C
1 funds, to the miscellaneous special revenue fund (339), administration
2 account (AP).
3 § 4. Notwithstanding section 2815 of the public health law or any
4 other contrary provision of law, upon the direction of the director of
5 the budget and the commissioner of health, the dormitory authority of
6 the state of New York is directed to transfer seven million dollars
7 annually from funds available and uncommitted in the New York state
8 health care restructuring pool to the health care reform act (HCRA)
9 resources fund - HCRA resources account.
10 § 5. On or before March 31, 2011, the comptroller is authorized and
11 directed to transfer the unencumbered balance from the family benefit
12 fund (329) to the general fund.
13 § 6. On or before March 31, 2011, the comptroller is hereby authorized
14 and directed to deposit earnings that would otherwise accrue to the
15 general fund that are attributable to the operation of section 98-a of
16 the state finance law, to the agencies internal service fund (334),
17 banking services account (12), for the purpose of meeting direct
18 payments from such account.
19 § 7. Notwithstanding any law to the contrary, upon the direction of
20 the director of the budget and upon requisition by state university of
21 New York, the dormitory authority of the state of New York is directed
22 to transfer, up to $22,000,000 in revenues generated from the sale of
23 notes or bonds, to the state university of New York for reimbursement of
24 bondable equipment for further transfer to the state's general fund.
25 § 8. Notwithstanding any law to the contrary, and in accordance with
26 section 4 of the state finance law, the comptroller is hereby authorized
27 and directed to transfer monies, upon request of the director of the
28 budget, on or before March 31, 2011, from and to any of the following
29 accounts: the miscellaneous special revenue fund (339), patient income
30 account (13), the miscellaneous special revenue fund (339), mental
31 hygiene program fund account or the general fund in any combination, the
32 aggregate of which shall not exceed $350 million.
33 § 9. Notwithstanding any law to the contrary, and in accordance with
34 section 4 of the state finance law, the comptroller is hereby authorized
35 and directed to transfer, at the request of the director of the budget,
36 up to $500 million from the unencumbered balance of any special revenue
37 fund or account, or combination of funds and accounts, to the general
38 fund. The amounts transferred pursuant to this authorization shall be in
39 addition to any other transfers expressly authorized in the 2010-11
40 budget. Transfers from federal funds, debt service funds, capital
41 projects funds, or the community projects fund are not permitted pursu-
42 ant to this authorization. The director of the budget shall notify both
43 houses of the legislature in writing prior to initiating transfers
44 pursuant to this authorization.
45 § 10. Notwithstanding any law to the contrary, and in accordance with
46 section 4 of the state finance law, the comptroller is hereby authorized
47 and directed to transfer, at the request of the director of the budget,
48 up to $75 million from the unencumbered balance of any non-general fund
49 or account, or combination of funds and accounts, to the general fund.
50 The amounts transferred pursuant to this authorization shall be equal to
51 those savings achieved in such non-general funds as a result of work-
52 force savings actions and are in addition to any other transfers
53 expressly authorized. Transfers from federal funds are not permitted
54 pursuant to this authorization. The director of the budget shall notify
55 both houses of the legislature in writing prior to initiating transfers
56 pursuant to this authorization.
S. 6606--B 197 A. 9706--C
1 § 11. Intentionally omitted.
2 § 12. Intentionally omitted.
3 § 13. Notwithstanding any provision of law to the contrary, the foun-
4 dation for science, technology and innovation, as deemed feasible and
5 advisable by its board of directors, is authorized and directed to make
6 a contribution to the state treasury to the credit of the general fund
7 in the amount of $500,000 for the fiscal year commencing April 1, 2010.
8 § 14. Notwithstanding any law to the contrary, the insurance depart-
9 ment shall finance the annual expenses related to its activities and
10 operations from revenues derived from assessments upon those entities
11 required to pay such assessments pursuant to section 332 of the insur-
12 ance law. For state fiscal year 2010-11, the total value of the annual
13 assessment will be equal to the total value of the department's enacted
14 appropriations. In such instances where the total value of the annual
15 industry assessment exceeds actual annual expenses of the department's
16 operations and activities, in accordance with section 4 of the state
17 finance law, the comptroller is hereby authorized and directed to trans-
18 fer, at the request of the director of the budget, any unencumbered
19 monies of the special revenue fund (339) insurance department account
20 (b6), that comprise the difference of the total value of the annual
21 industry assessment and the actual annual expenses of the department's
22 operations and activities, to the general fund on or before March 31,
23 2011.
24 § 15. Subdivision 5 of section 97-rrr of the state finance law, as
25 amended by section 1 of part F of chapter 109 of the laws of 2010, is
26 amended to read as follows:
27 5. Notwithstanding the provisions of section one hundred seventy-one-a
28 of the tax law, as separately amended by chapters four hundred eighty-
29 one and four hundred eighty-four of the laws of nineteen hundred eight-
30 y-one, or any other provisions of law to the contrary, during the fiscal
31 year beginning April first, two thousand ten, the state comptroller is
32 hereby authorized and directed to deposit to the fund created pursuant
33 to this section from amounts collected pursuant to article twenty-two of
34 the tax law and pursuant to a schedule submitted by the director of the
35 budget, up to [$496,624,180] $3,308,000,000, as may be certified in such
36 schedule as necessary to meet the purposes of such fund for the fiscal
37 year beginning April first, two thousand ten.
38 § 16. Subdivision 6 of section 4 of the state finance law, as amended
39 by section 15 of part RR of chapter 57 of the laws of 2008, is amended
40 to read as follows:
41 6. Notwithstanding any law to the contrary, at the beginning of the
42 state fiscal year, the state comptroller is hereby authorized and
43 directed to receive for deposit to the credit of a fund and/or an
44 account such monies as are identified by the director of the budget as
45 having been intended for such deposit to support disbursements from such
46 fund and/or account made in pursuance of an appropriation by law. As
47 soon as practicable upon enactment of the budget, the director of the
48 budget shall, but not less than three days following preliminary
49 submission to the chairpersons of the senate finance committee and the
50 assembly ways and means committee, file with the state comptroller an
51 identification of specific monies to be so deposited. Any subsequent
52 change regarding the monies to be so deposited shall be filed by the
53 director of the budget, as soon as practicable, but not less than three
54 days following preliminary submission to the chairpersons of the senate
55 finance committee and the assembly ways and means committee.
S. 6606--B 198 A. 9706--C
1 All monies identified by the director of the budget to be deposited to
2 the credit of a fund and/or account shall be consistent with the intent
3 of the budget for the then current state fiscal year as enacted by the
4 legislature.
5 The provisions of this subdivision shall expire on March thirty-first,
6 two thousand [ten] twelve.
7 § 17. Subdivision 4 of section 40 of the state finance law, as amended
8 by section 16 of part RR of chapter 57 of the laws of 2008, is amended
9 to read as follows:
10 4. Every appropriation made from a fund or account to a department or
11 agency shall be available for the payment of prior years' liabilities in
12 such fund or account for fringe benefits, indirect costs, and telecommu-
13 nications expenses and expenses for other centralized services fund
14 programs without limit. Every appropriation shall also be available for
15 the payment of prior years' liabilities other than those indicated
16 above, but only to the extent of one-half of one percent of the total
17 amount appropriated to a department or agency in such fund or account.
18 The provisions of this subdivision shall expire March thirty-first,
19 two thousand [ten] twelve.
20 § 17-a. The opening paragraph and subdivision (b) of section 2 of part
21 MM of chapter 59 of the laws of 2008 relating to certain monetary trans-
22 fers is amended to read as follows:
23 In accordance with section 4 of the state finance law, the comptroller
24 is hereby authorized and directed to transfer from the general fund --
25 state purposes account to the community projects fund the following
26 amounts:
27 (b) [One hundred twenty-nine million] Sixty-nine million four hundred
28 thousand dollars [($129,400,000)] ($69,400,000) for the period April 1,
29 2010 through March 31, 2011, as follows: [Fifty-five million dollars
30 ($55,000,000)] Thirty million dollars ($30,000,000) to account AA;
31 [fifty-five million dollars ($55,000,000)] thirty million dollars
32 ($30,000,000) to account CC; and [nineteen] nine million four hundred
33 thousand dollars [($19,400,000)] ($9,400,000) to account GG. Such trans-
34 fers shall be made in accordance with section 99-d of the state finance
35 law, as added by chapter 474 of the laws of 1996, as amended.
36 § 18. The comptroller is authorized and directed to deposit to the
37 general fund-state purposes account reimbursements from moneys appropri-
38 ated or reappropriated to the correctional facilities capital improve-
39 ment fund (399) by a chapter of the laws of 2009. Reimbursements shall
40 be available for spending from appropriations made to the department of
41 correctional services in the general fund-state purposes account by a
42 chapter of the laws of 2009 for costs associated with the administration
43 and security of capital projects and for other costs which are attribut-
44 able, according to a plan, to such capital projects.
45 § 19. Notwithstanding any other law, rule, or regulation to the
46 contrary, the comptroller is hereby authorized and directed to deposit,
47 to the credit of the capital projects fund, reimbursement from the
48 proceeds of notes or bonds issued by the environmental facilities corpo-
49 ration for a capital appropriation for $43,383,000 authorized by chapter
50 55 of the laws of 2000 to the department of environmental conservation
51 for payment of a portion of the state's match for federal capitalization
52 grants for the water pollution control revolving loan fund, to reimburse
53 spending from various appropriations for certain projects related to the
54 New York city watershed, reimbursement from the proceeds of notes and
55 bonds issued by the urban development corporation for capital appropri-
56 ation for $15,000,000 authorized by chapter 55 of the laws of 2000 to
S. 6606--B 199 A. 9706--C
1 the urban development corporation for payment of costs related to a
2 sports facility in the city of Rochester, reimbursement from the
3 proceeds of notes and bonds issued by the urban development corporation
4 of the state of New York for a capital appropriation for $50,000,000
5 authorized by chapter 55 of the laws of 2000 to the urban development
6 corporation for payment of costs related to economic development
7 projects in the downtown Buffalo, the Buffalo inner harbor area, or
8 surrounding environs, reimbursement from proceeds of notes and bonds
9 issued by the dormitory authority of the state of New York for a capital
10 appropriation for $225,000,000 authorized by chapter 55 of the laws of
11 2000 to all state agencies for payment of costs related to the strategic
12 investment program, reimbursement from the proceeds of notes and bonds
13 issued by the dormitory authority of the state of New York for a capital
14 appropriation for $50,000,000 authorized by chapter 53 of the laws of
15 2000 to the state education department for payment of capital
16 construction grants to school districts pursuant to the rebuilding
17 schools to uphold education program, for reimbursement from the proceeds
18 of notes and bonds issued by the dormitory authority of the state of New
19 York for a capital appropriation for $15,000,000 authorized by chapter
20 53 of the laws of 2000 to the office of children and family services for
21 payment of costs related to the child care facilities development
22 program, and for reimbursement from the proceeds of notes and bonds
23 issued by the dormitory authority of the state of New York for a capital
24 appropriation for $10,000,000 authorized by chapter 55 of the laws of
25 2000 to the office of science, technology and academic research for
26 payment of costs related to biomedical research and/or manufacturing
27 facilities.
28 § 20. Notwithstanding any other law, rule, or regulation to the
29 contrary, the comptroller is hereby authorized and directed to deposit
30 to the credit of the capital projects fund, reimbursement from the
31 proceeds of notes or bonds issued by the environmental facilities corpo-
32 ration for a capital appropriation for $29,772,000 authorized by chapter
33 54 of the laws of 2001 to the department of environmental conservation
34 for payment of a portion of the state's match for federal capitalization
35 grants for the water pollution control revolving loan fund.
36 § 21. Notwithstanding any other law, rule, or regulation to the
37 contrary, the comptroller is hereby authorized and directed to deposit,
38 to the credit of the capital projects fund, reimbursement from the
39 proceeds of notes or bonds issued by the environmental facilities corpo-
40 ration for a capital appropriation for $29,365,000 authorized by chapter
41 54 of the laws of 2002 to the department of environmental conservation
42 for payment of a portion of the state's match for federal capitalization
43 grants for the water pollution control revolving loan fund, reimburse-
44 ment from the proceeds of notes and bonds issued by the urban develop-
45 ment corporation or other financing source for a capital appropriation
46 for $89,000,000 authorized by chapter 50 of the laws of 2002 to the
47 office of general services for payment of capital construction costs for
48 the Alfred E. Smith office building located in the city of Albany,
49 reimbursement from the proceeds of notes and bonds issued by the urban
50 development corporation or other financing source for capital appropri-
51 ations for $1,500,000 authorized by chapter 50 of the laws of 2002 to
52 the office of general services for payment of capital construction costs
53 for the Elk street parking garage building located in the city of Alba-
54 ny, reimbursement from the proceeds of notes or bonds issued by the
55 urban development corporation for disbursements of up to $12,000,000
56 from any capital appropriation or reappropriation authorized by chapter
S. 6606--B 200 A. 9706--C
1 50 of the laws of 2002 to the office of general services for various
2 purposes, reimbursement from the proceeds of notes or bonds issued by
3 the urban development corporation for a capital appropriation of
4 $13,250,000 authorized by chapter 55 of the laws of 2002 to the energy
5 research and development authority for the Western New York Nuclear
6 Service Center at West Valley, reimbursement from the proceeds of notes
7 or bonds issued by the urban development corporation for a capital
8 appropriation of $14,300,000 authorized by chapter 55 of the laws of
9 2002 to the urban development corporation to finance a portion of the
10 jobs now program, reimbursement from the proceeds of notes or bonds
11 issued by the dormitory authority for disbursements of up to $20,800,000
12 from any capital appropriation or reappropriation authorized by chapter
13 51 of the laws of 2002 to the judiciary for courthouse improvements,
14 reimbursement from the proceeds of notes or bonds issued by the urban
15 development corporation for disbursements of up to $15,000,000 from
16 appropriations or reappropriations authorized by chapter 50 of the laws
17 of 2002 to any agency for costs related to homeland security, and
18 reimbursement from the proceeds of notes or bonds issued by the environ-
19 mental facilities corporation for a capital appropriation of $10,000,000
20 authorized by chapter 54 of the laws of 2002 to the department of envi-
21 ronmental conservation for Onondaga lake.
22 § 22. Notwithstanding any other law, rule, or regulation to the
23 contrary, the comptroller is hereby authorized and directed to deposit
24 to the credit of the capital projects fund, reimbursement from the
25 proceeds of notes or bonds issued by the environmental facilities corpo-
26 ration for a capital appropriation of $30,174,000 authorized by chapter
27 55 of the laws of 2003 to the department of environmental conservation
28 for payment of a portion of the state's match for federal capitalization
29 grants for the water pollution control revolving loan fund, reimburse-
30 ment from the proceeds of notes or bonds issued by the urban development
31 corporation or other financing source for a capital appropriation of
32 $19,500,000 authorized by chapter 50 of the laws of 2003 to the office
33 of general services for payment of capital construction costs for the 51
34 Elk street parking garage building located in the city of Albany,
35 reimbursement from the proceeds of notes or bonds issued by the urban
36 development corporation for disbursements of up to $10,000,000 from any
37 capital appropriation or reappropriation authorized by chapter 50 of the
38 laws of 2003 to the office of general services for various purposes,
39 reimbursement from the proceeds of notes or bonds issued by the environ-
40 mental facilities corporation for a capital appropriation of $13,250,000
41 authorized by chapter 55 of the laws of 2003 to the energy research and
42 development authority for the Western New York Nuclear Service Center at
43 West Valley, reimbursement from the proceeds of notes or bonds issued by
44 the dormitory authority for disbursements of up to $16,400,000 from any
45 capital appropriation or reappropriation authorized by chapter 51 of the
46 laws of 2003 to the judiciary for courthouse improvements, reimbursement
47 from the proceeds of notes or bonds issued by the urban development
48 corporation for disbursements of up to $10,000,000 from appropriations
49 or reappropriations authorized by chapter 50 of the laws of 2003 to any
50 agency for costs related to homeland security, reimbursement from the
51 proceeds of notes or bonds issued by the environmental facilities corpo-
52 ration for a capital appropriation of $10,000,000 authorized by chapter
53 55 of the laws of 2003 to the department of environmental conservation
54 for Onondaga lake, reimbursement from the proceeds of notes or bonds
55 issued by the environmental facilities corporation for disbursements of
56 up to $11,000,000 from any capital appropriations or reappropriations
S. 6606--B 201 A. 9706--C
1 authorized by chapter 55 of the laws of 2003 to the department of envi-
2 ronmental conservation for environmental purposes, and reimbursement
3 from the proceeds of notes or bonds issued by the dormitory authority
4 for disbursements of up to $100,000,000 from a capital appropriation
5 authorized by chapter 50 of the laws of 2003 to the department of state
6 for enhanced 911 wireless service.
7 § 23. Notwithstanding any other law, rule, or regulation to the
8 contrary, the comptroller is hereby authorized and directed to deposit
9 to the credit of the capital projects fund, reimbursement from the
10 proceeds of notes or bonds issued by the environmental facilities corpo-
11 ration for a capital appropriation for $28,893,000 authorized by chapter
12 55 of the laws of 2004 to the department of environmental conservation
13 for payment of a portion of the state's match for federal capitalization
14 grants for the water pollution control revolving loan fund, reimburse-
15 ment from the proceeds of notes or bonds issued by the urban development
16 corporation for disbursements of up to $10,000,000 from any capital
17 appropriation or reappropriation authorized by chapter 50 of the laws of
18 2004 to the office of general services for various purposes, reimburse-
19 ment from the proceeds of notes or bonds issued by the environmental
20 facilities corporation for a capital appropriation of $11,350,000
21 authorized by chapter 55 of the laws of 2004 to the energy research and
22 development authority for the Western New York Nuclear Service Center at
23 West Valley, reimbursement from the proceeds of notes or bonds issued by
24 the environmental facilities corporation, for a capital appropriation of
25 $10,000,000 authorized by chapter 55 of the laws of 2004 to the depart-
26 ment of environmental conservation for Onondaga lake, reimbursement from
27 the proceeds of notes or bonds issued by the environmental facilities
28 corporation for disbursements of up to $11,000,000 from any capital
29 appropriations or reappropriations authorized by chapter 55 of the laws
30 of 2004 to the department of environmental conservation for environ-
31 mental purposes, reimbursement from the proceeds of notes or bonds
32 issued by the dormitory authority for a capital appropriation of
33 $80,000,000 authorized by chapter 53 of the laws of 2004 to the educa-
34 tion department for capital transition grants for transportation,
35 reimbursement from the proceeds of notes or bonds issued by the dormito-
36 ry authority for a capital appropriation of $250,000,000 authorized by
37 chapter 55 of the laws of 2004 for payment of costs related to economic
38 development projects, reimbursement from the proceeds of bonds or notes
39 issued by the urban development corporation for a capital appropriation
40 of $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
41 by chapter 108 of the laws of 2006, for payment of costs related to the
42 H. H. Richardson complex and the Darwin Martin House, and reimbursement
43 from the proceeds of notes or bonds issued by the dormitory authority
44 for a capital appropriation of $350,000,000 authorized by chapter 3 of
45 the laws of 2004 for the New York state economic development program.
46 § 24. Notwithstanding any other law, rule, or regulation to the
47 contrary, the comptroller is hereby authorized and directed to deposit
48 to the credit of the capital projects fund, reimbursement from the
49 proceeds of notes or bonds issued by the environmental facilities corpo-
50 ration for a capital appropriation of $29,602,000 authorized by chapter
51 55 of the laws of 2005 to the department of environmental conservation
52 for payment of a portion of the state's match for federal capitalization
53 grants for the water pollution control revolving loan fund, reimburse-
54 ment from the proceeds of notes or bonds issued by the urban development
55 corporation for disbursements of up to $10,000,000 from any capital
56 appropriation or reappropriation authorized by chapter 50 of the laws of
S. 6606--B 202 A. 9706--C
1 2005 to the office of general services for various purposes, reimburse-
2 ment from the proceeds of notes or bonds issued by the environmental
3 facilities corporation for a capital appropriation of $11,350,000
4 authorized by chapter 55 of the laws of 2005 to the energy research and
5 development authority for the Western New York Nuclear Service Center at
6 West Valley, reimbursement from the proceeds of notes or bonds issued by
7 the environmental facilities corporation for a capital appropriation of
8 $10,000,000 authorized by chapter 55 of the laws of 2005 to the depart-
9 ment of environmental conservation for Onondaga lake, reimbursement from
10 the proceeds of notes or bonds issued by the environmental facilities
11 corporation for disbursements of up to $11,000,000 from any capital
12 appropriations or reappropriations authorized by chapter 55 of the laws
13 of 2005 to the department of environmental conservation for environ-
14 mental purposes, reimbursement from the proceeds of notes or bonds
15 issued by the urban development corporation for a capital appropriation
16 of $350,000,000 authorized by chapter 55 of the laws of 2005 for the
17 Javits center, reimbursement from the proceeds of notes or bonds issued
18 by the dormitory authority for a capital appropriation of $90,000,000
19 authorized by chapter 62 of the laws of 2005 for regional development,
20 reimbursement from the proceeds of notes or bonds issued by the dormito-
21 ry authority for a capital appropriation of $250,000,000 authorized by
22 chapter 62 of the laws of 2005 for technology and development,
23 reimbursement from the proceeds of notes or bonds issued by the urban
24 development corporation for a capital appropriation of $75,000,000
25 authorized by chapter 162 of the laws of 2005 for the New York state
26 economic development program, reimbursement from the proceeds of notes
27 or bonds issued by the urban development corporation for a capital
28 appropriation of $150,000,000 authorized by chapter 62 of the laws of
29 2005 for the higher education facilities capital matching grants
30 program, reimbursement from the proceeds of notes or bonds issued by the
31 dormitory authority or other financing source for a capital appropri-
32 ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
33 office of general services for payment of capital construction costs for
34 the Elk street parking garage building located in the city of Albany,
35 reimbursement from the proceeds of notes or bonds issued by the urban
36 development corporation for a capital appropriation of $15,000,000
37 authorized by chapter 53 of the laws of 2005 to the state education
38 department for payment of capital construction costs for public broad-
39 casting facilities, reimbursement from the proceeds of notes or bonds
40 issued by the urban development corporation for a capital appropriation
41 of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
42 sion of state police for public protection facilities, and reimbursement
43 from the proceeds of notes or bonds issued by the urban development
44 corporation for capital disbursements of up to $3,000,000 from any capi-
45 tal appropriation or reappropriation authorized by chapter 50 of the
46 laws of 2005 to the division of military and naval affairs for various
47 purposes.
48 § 25. Notwithstanding any other law, rule, or regulation to the
49 contrary, the comptroller is hereby authorized and directed to deposit
50 to the credit of the capital projects fund, reimbursement from the
51 proceeds of notes or bonds issued by the environmental facilities corpo-
52 ration for a capital appropriation for $29,600,000 authorized by chapter
53 55 of the laws of 2006 to the department of environmental conservation
54 for payment of a portion of the state's match for federal capitalization
55 grants for the water pollution control revolving loan fund, reimburse-
56 ment from the proceeds of notes or bonds issued by the urban development
S. 6606--B 203 A. 9706--C
1 corporation for disbursements of up to $20,000,000 from any capital
2 appropriation or reappropriation authorized by chapter 50 of the laws of
3 2006 to the office of general services for various purposes, reimburse-
4 ment from the proceeds of notes or bonds issued by the environmental
5 facilities corporation for a capital appropriation of $14,000,000
6 authorized by chapter 55 of the laws of 2006 to the energy research and
7 development authority for the Western New York Nuclear Service Center at
8 West Valley, reimbursement from the proceeds of notes or bonds issued by
9 the environmental facilities corporation for a capital appropriation of
10 $10,000,000 authorized by chapter 55 of the laws of 2006 to the depart-
11 ment of environmental conservation for Onondaga lake, reimbursement from
12 the proceeds of notes or bonds issued by the environmental facilities
13 corporation for disbursements of up to $12,000,000 from any capital
14 appropriations or reappropriations authorized by chapter 55 of the laws
15 of 2006 to the department of environmental conservation for environ-
16 mental purposes, reimbursement from the proceeds of notes or bonds
17 issued by the urban development corporation for capital disbursements of
18 up to $3,000,000 from any capital appropriation or reappropriation
19 authorized by chapter 50 of the laws of 2006 to the division of military
20 and naval affairs for various purposes, reimbursement from the proceeds
21 of notes or bonds issued by the urban development corporation for
22 disbursements of up to $12,400,000 from any capital appropriation or
23 reappropriation authorized by chapter 50 of the laws of 2006 to the
24 division of state police for public protection facilities, reimbursement
25 from the proceeds of notes or bonds issued by the urban development
26 corporation for a capital appropriation of $117,000,000 authorized by
27 chapter 50 of the laws of 2006 to all state departments and agencies for
28 the purchase of equipment, reimbursement from the proceeds of notes or
29 bonds issued by the dormitory authority or the urban development corpo-
30 ration for all or a portion of capital appropriations of $603,050,000
31 authorized by chapter 108 of the laws of 2006 to the urban development
32 corporation for economic development/other projects, reimbursement from
33 the proceeds of notes or bonds issued by the urban development corpo-
34 ration for a capital appropriation of $269,500,000 authorized by chapter
35 108 of the laws of 2006 to the dormitory authority or the urban develop-
36 ment corporation for economic development projects, reimbursement from
37 the proceeds of notes or bonds issued by the dormitory authority or the
38 urban development corporation for a capital appropriation of
39 $201,500,000 authorized by chapter 108 of the laws of 2006 to the urban
40 development corporation for university development projects, reimburse-
41 ment from the proceeds of notes or bonds issued by the dormitory author-
42 ity or for a capital appropriation of $143,000,000 authorized by chapter
43 108 of the laws of 2006 to the urban development corporation for
44 cultural facilities projects, reimbursement from the proceeds of notes
45 or bonds issued by the dormitory authority or the urban development
46 corporation for capital appropriations totaling $60,000,000 authorized
47 by chapter 108 of the laws of 2006 to the urban development corporation
48 for energy/environmental projects, reimbursement from the proceeds of
49 notes or bonds issued by the dormitory authority or the urban develop-
50 ment corporation for a capital appropriation of $20,000,000 authorized
51 by chapter 108 of the laws of 2006 to the urban development corporation
52 for a competitive solicitation for construction of a pilot cellulosic
53 ethanol refinery, reimbursement from the proceeds of notes or bonds
54 issued by the urban development corporation for a capital appropriation
55 of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
56 development corporation for services and expenses related to infrastruc-
S. 6606--B 204 A. 9706--C
1 ture for a new stadium in Queens county, and reimbursement from the
2 proceeds of notes or bonds issued by the urban development corporation
3 for a capital appropriation of $74,700,000 authorized by chapter 55 of
4 the laws of 2006 to the urban development corporation for services and
5 expenses related to infrastructure improvements to construct a new park-
6 ing facility at a new stadium in Bronx county, reimbursement from the
7 proceeds of notes and bonds issued by the environmental facilities
8 corporation for a capital appropriation of $5,000,000 authorized by
9 chapter 55 of the laws of 2006 to the environmental facilities corpo-
10 ration for payment for the pipeline for jobs program, reimbursement from
11 the proceeds of notes or bonds issued by the dormitory authority for
12 capital disbursements of up to $14,000,000 from any capital appropri-
13 ation or reappropriation authorized by chapter 53 of the laws of 2006
14 for the library construction purpose, reimbursement from the proceeds of
15 notes or bonds issued by the urban development corporation or the dormi-
16 tory authority for an appropriation of $2,000,000 authorized by chapter
17 53 of the laws of 2006 for a Cornell equine drug testing laboratory,
18 reimbursement from the proceeds of notes or bonds issued by the urban
19 development corporation or the dormitory authority for an appropriation
20 of $1,200,000 authorized by chapter 53 of the laws of 2006 for the towns
21 of Bristol and Canandaigua public water systems, reimbursement from the
22 proceeds of notes or bonds issued by the urban development corporation
23 or the dormitory authority for an appropriation of $5,500,000 authorized
24 by chapter 53 of the laws of 2006 for Belleayre mountain ski center,
25 reimbursement from the proceeds of notes or bonds issued by the urban
26 development corporation or the dormitory authority for an appropriation
27 of $25,000,000 authorized by chapter 53 of the laws of 2006 for the town
28 of Smithtown/Kings Park psychiatric center rehabilitation, reimbursement
29 from the proceeds of notes or bonds issued by the urban development
30 corporation or the dormitory authority for an appropriation of
31 $5,000,000 authorized by chapter 108 of the laws of 2006 for a state of
32 New York umbilical cord bank, reimbursement from the proceeds of notes
33 or bonds issued by the urban development corporation or the dormitory
34 authority for an appropriation of $5,500,000 authorized by chapter 53 of
35 the laws of 2006 for an Old Gore mountain ski bowl connection,
36 reimbursement from the proceeds of notes or bonds issued by the urban
37 development corporation or the dormitory authority for an appropriation
38 of $2,000,000 authorized by chapter 53 of the laws of 2006 for a Fredo-
39 nia vineyard laboratory, reimbursement from the proceeds of notes or
40 bonds issued by the urban development corporation or the dormitory
41 authority for an appropriation of $99,500,000 authorized by chapter 108
42 of the laws of 2006 to the office for technology for payment of capital
43 construction costs for a consolidated data center, reimbursement from
44 the proceeds of notes or bonds issued by the dormitory authority or the
45 urban development corporation for an appropriation of $40,000,000
46 authorized by chapter 108 of the laws of 2006 for a food testing labora-
47 tory, reimbursement from the proceeds of notes or bonds issued by the
48 New York state thruway authority for an appropriation of $22,000,000
49 authorized by chapter 108 of the laws of 2006 to the department of
50 transportation for high speed rail, reimbursement from the proceeds of
51 notes or bonds issued by the urban development corporation for capital
52 disbursements of up to $500,000,000 from an appropriation authorized by
53 chapter 108 of the laws of 2006 to the urban development corporation for
54 development of a semiconductor manufacturing facility, reimbursement
55 from the proceeds of notes or bonds issued by the urban development
56 corporation of up to $150,000,000 from an appropriation authorized by
S. 6606--B 205 A. 9706--C
1 chapter 108 of the laws of 2006 to the urban development corporation for
2 research and development activities of a semiconductor manufacturer, and
3 reimbursement from the proceeds of notes or bonds issued by the urban
4 development corporation for capital disbursements of up to $300,000,000
5 from an appropriation to the urban development corporation authorized by
6 chapter 108 of the laws of 2006 for community revitalization projects.
7 § 26. Notwithstanding any other law, rule, or regulation to the
8 contrary, the comptroller is hereby authorized and directed to deposit
9 to the credit of the capital projects fund, reimbursement from the
10 proceeds of notes or bonds issued by the environmental facilities corpo-
11 ration for a capital appropriation of $29,600,000 authorized by chapter
12 55 of the laws of 2007 to the department of environmental conservation
13 for payment of a portion of the state's match for federal capitalization
14 grants for the water pollution control revolving loan fund, reimburse-
15 ment from the proceeds of notes or bonds issued by the urban development
16 corporation for disbursements of up to $20,000,000 from any capital
17 appropriation or reappropriation authorized by chapter 50 of the laws of
18 2007 to the office of general services for various purposes, reimburse-
19 ment from the proceeds of notes or bonds issued by the environmental
20 facilities corporation for a capital appropriation of $13,500,000
21 authorized by chapter 55 of the laws of 2007 to the energy research and
22 development authority for the Western New York Nuclear Service Center at
23 West Valley, reimbursement from the proceeds of notes or bonds issued by
24 the environmental facilities corporation for a capital appropriation of
25 $10,000,000 authorized by chapter 55 of the laws of 2007 to the depart-
26 ment of environmental conservation for Onondaga lake, reimbursement from
27 the proceeds of notes or bonds issued by the environmental facilities
28 corporation for disbursements of up to $12,000,000 from any capital
29 appropriations or reappropriations authorized by chapter 55 of the laws
30 of 2007 to the department of environmental conservation for environ-
31 mental purposes, reimbursement from the proceeds of notes or bonds
32 issued by the urban development corporation for capital disbursements of
33 up to $3,000,000 from any capital appropriation or reappropriation
34 authorized by chapter 50 of the laws of 2007 to the division of military
35 and naval affairs for various purposes, reimbursement from the proceeds
36 of notes or bonds issued by the urban development corporation for
37 disbursements from a capital appropriation of $50,000,000 authorized by
38 chapter 50 of the laws of 2007 to the division of state police for
39 construction of a Troop G facility, reimbursement from the proceeds of
40 notes or bonds issued by the urban development corporation for disburse-
41 ments from a capital appropriation of $6,000,000 authorized by chapter
42 50 of the laws of 2007 to the division of state police for construction
43 of evidence storage facilities, reimbursement from the proceeds of notes
44 or bonds issued by the urban development corporation for capital appro-
45 priations totaling $77,900,000 authorized by chapter 51 of the laws of
46 2007 to the judiciary for court training facilities and courthouse
47 improvement projects, reimbursement from the proceeds of notes or bonds
48 issued by the urban development corporation for a capital appropriation
49 of $20,000,000 authorized by chapter 50 of the laws of 2007 to all state
50 departments and agencies for the purchase of equipment, reimbursement
51 from the proceeds of notes or bonds issued by the dormitory authority
52 for capital disbursements of up to $14,000,000 from any capital appro-
53 priation or reappropriation authorized by chapter 53 of the laws of 2007
54 for library construction, reimbursement from the proceeds of notes or
55 bonds issued by the dormitory authority for capital disbursements of up
56 to $60,000,000 from any capital appropriation or reappropriation author-
S. 6606--B 206 A. 9706--C
1 ized by chapter 53 of the laws of 2007 for cultural education storage
2 facilities, reimbursement from the proceeds of notes or bonds issued by
3 the urban development corporation for capital disbursements of up to
4 $15,000,000 from any capital appropriation or reappropriation authorized
5 by chapter 55 of the laws of 2007 for the Roosevelt Island Operating
6 Corporation aerial tramway, reimbursement from the proceeds of notes or
7 bonds issued by the urban development corporation for capital disburse-
8 ments of up to $20,000,000 from any capital appropriation or reappropri-
9 ation authorized by chapter 55 of the laws of 2007 for Governor's
10 Island, reimbursement from the proceeds of notes or bonds issued by the
11 urban development corporation for capital disbursements of up to
12 $7,500,000 from any capital appropriation or reappropriation authorized
13 by chapter 55 of the laws of 2007 for Harriman research and technology
14 park, reimbursement from the proceeds of notes or bonds issued by the
15 urban development corporation for capital disbursements of up to
16 $7,950,000 from any capital appropriation or reappropriation authorized
17 by chapter 55 of the laws of 2007 for USA Niagara, and reimbursement
18 from the proceeds of notes or bonds issued by the urban development
19 corporation for capital disbursements of up to $1,300,000 from appropri-
20 ations authorized by chapter 50 of the laws of 2007 made to the office
21 of general services for legislative office building hearing rooms.
22 § 27. Notwithstanding any other law, rule, or regulation to the
23 contrary, the comptroller is hereby authorized and directed to deposit
24 to the credit of the capital projects fund, reimbursement from the
25 proceeds of notes or bonds issued by the environmental facilities corpo-
26 ration for a capital appropriation of $29,600,000 authorized by chapter
27 55 of the laws of 2008 to the department of environmental conservation
28 for payment of a portion of the state's match for federal capitalization
29 grants for the water pollution control revolving loan fund, reimburse-
30 ment from the proceeds of notes or bonds issued by the urban development
31 corporation for a capital appropriation of $141,000,000 authorized by
32 chapter 50 of the laws of 2008 to all state departments and agencies for
33 the purchase of equipment or systems development, reimbursement from the
34 proceeds of notes or bonds issued by the urban development corporation
35 for disbursements of up to $45,500,000 from any capital appropriation or
36 reappropriation authorized by chapter 50 of the laws of 2008 to the
37 office of general services for various purposes, reimbursement from the
38 proceeds of notes or bonds issued by the environmental facilities corpo-
39 ration for a capital appropriation of $13,500,000 authorized by chapter
40 55 of the laws of 2008 to the energy research and development authority
41 for the Western New York Nuclear Service Center at West Valley,
42 reimbursement from the proceeds of notes or bonds issued by the environ-
43 mental facilities corporation for a capital appropriation of $10,000,000
44 authorized by chapter 55 of the laws of 2008 to the department of envi-
45 ronmental conservation for Onondaga lake, reimbursement from the
46 proceeds of notes or bonds issued by the environmental facilities corpo-
47 ration for disbursements of up to $12,000,000 from any capital appropri-
48 ations or reappropriations authorized by chapter 55 of the laws of 2008
49 to the department of environmental conservation for environmental
50 purposes, reimbursement from the proceeds of notes or bonds issued by
51 the urban development corporation for capital disbursements of up to
52 $3,000,000 from any capital appropriation or reappropriation authorized
53 by chapter 50 of the laws of 2008 to the division of military and naval
54 affairs for various purposes, reimbursement from the proceeds of notes
55 or bonds issued by the urban development corporation for a capital
56 appropriation of $11,000,000 authorized by chapter 50 of the laws of
S. 6606--B 207 A. 9706--C
1 2008 to the office for technology for the costs of development of inter-
2 im data center facilities, reimbursement from the proceeds of notes or
3 bonds issued by the urban development corporation for a capital appro-
4 priation of $10,000,000 authorized by chapter 50 of the laws of 2008 to
5 the office for technology for activities related to broadband service,
6 reimbursement from the proceeds of notes or bonds issued by the urban
7 development corporation for a capital appropriation of $6,000,000
8 authorized by chapter 50 of the laws of 2008 to the division of state
9 police for rehabilitation of facilities, reimbursement from the proceeds
10 of notes or bonds issued by the Dormitory Authority of the State of New
11 York or other financing source for a capital appropriation authorized by
12 chapter 53 of the laws of 2008 of $14,000,000 to the education depart-
13 ment for library construction, reimbursement from the proceeds of notes
14 or bonds issued by the Dormitory Authority of the State of New York or
15 other financing source for a capital appropriation authorized by chapter
16 53 of the laws of 2008 of $15,000,000 to the education department for
17 museum renewal projects, reimbursement from the proceeds of notes or
18 bonds issued by the urban development corporation for capital appropri-
19 ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
20 urban development corporation for services and expenses related to the
21 investment opportunity fund, reimbursement from the proceeds of notes or
22 bonds issued by the urban development corporation for capital appropri-
23 ation of $30,000,000 authorized by chapter 53 of the laws of 2008 to the
24 urban development corporation for services and expenses related to arts
25 and cultural projects, reimbursement from the proceeds of bonds or notes
26 issued by the urban development corporation for a capital appropriation
27 of $35,000,000 authorized by chapter 53 of the laws of 2008 for economic
28 and community development projects, reimbursement from the proceeds of
29 bonds or notes issued by the urban development corporation for a capital
30 appropriation of $30,000,000 authorized by chapter 53 of the laws of
31 2008 for New York city waterfront development projects, reimbursement
32 from the proceeds of bonds or notes issued by the urban development
33 corporation for a capital appropriation of $45,000,000 authorized by
34 chapter 53 of the laws of 2008 for Luther Forest infrastructure
35 projects, reimbursement from the proceeds of notes or bonds issued by
36 the urban development corporation for capital appropriation of
37 $35,000,000 authorized by chapter 53 of the laws of 2008 to the urban
38 development corporation for services and expenses related to downstate
39 regional projects, reimbursement from the proceeds of notes or bonds
40 issued by the urban development corporation for capital appropriation of
41 $145,000,000 authorized by chapter 53 of the laws of 2008 to the urban
42 development corporation for services and expenses related to upstate
43 city-by-city projects, reimbursement from the proceeds of notes or bonds
44 issued by the urban development corporation for capital appropriation of
45 $35,000,000 authorized by chapter 53 of the laws of 2008 to the urban
46 development corporation for services and expenses related to the down-
47 state revitalization projects, reimbursement from the proceeds of notes
48 or bonds issued by the urban development corporation for capital appro-
49 priation of $120,000,000 authorized by chapter 53 of the laws of 2008 to
50 the urban development corporation for services and expenses related to
51 the upstate regional blueprint fund, reimbursement from the proceeds of
52 notes or bonds issued by the urban development corporation for capital
53 appropriation of $40,000,000 authorized by chapter 53 of the laws of
54 2008 to the urban development corporation for services and expenses
55 related to the upstate agricultural economic development fund,
56 reimbursement from the proceeds of notes or bonds issued by the urban
S. 6606--B 208 A. 9706--C
1 development corporation for capital appropriation of $350,000,000
2 authorized by chapter 53 of the laws of 2008 to the urban development
3 corporation for services and expenses related to the New York state
4 capital assistance program, reimbursement from the proceeds of notes or
5 bonds issued by the urban development corporation for capital appropri-
6 ation of $350,000,000 authorized by chapter 53 of the laws of 2008 to
7 the urban development corporation for services and expenses related to
8 the New York state economic development assistance program, and
9 reimbursement from the proceeds of notes or bonds issued by the urban
10 development corporation for capital appropriation of $20,000,000 author-
11 ized by chapter 55 of the laws of 2008 to the urban development corpo-
12 ration for services and expenses related to the empire state economic
13 development fund.
14 § 28. Notwithstanding any other law, rule, or regulation to the
15 contrary, the comptroller is hereby authorized and directed to deposit
16 to the credit of the capital projects fund, reimbursement from the
17 proceeds of notes or bonds issued by the environmental facilities corpo-
18 ration for a capital appropriation of $29,600,000 authorized by chapter
19 55 of the laws of 2009 to the department of environmental conservation
20 for payment of a portion of the state's match for federal capitalization
21 grants for the water pollution control revolving loan fund, reimburse-
22 ment from the proceeds of notes or bonds issued by the urban development
23 corporation for a capital appropriation of $129,800,000 authorized by
24 chapter 50 of the laws of 2009 to all state departments and agencies for
25 the purchase of equipment or systems development, reimbursement from the
26 proceeds of notes or bonds issued by the urban development corporation
27 for disbursements of up to $24,000,000 from any capital appropriation or
28 reappropriation authorized by chapter 50 of the laws of 2009 to the
29 office of general services for various purposes, reimbursement from the
30 proceeds of notes or bonds issued by the environmental facilities corpo-
31 ration for a capital appropriation of $13,500,000 authorized by chapter
32 55 of the laws of 2009 to the energy research and development authority
33 for the Western New York Nuclear Service Center at West Valley,
34 reimbursement from the proceeds of notes or bonds issued by the environ-
35 mental facilities corporation for a capital appropriation of $10,000,000
36 authorized by chapter 55 of the laws of 2009 to the department of envi-
37 ronmental conservation for Onondaga lake, reimbursement from the
38 proceeds of notes or bonds issued by the environmental facilities corpo-
39 ration for disbursements of up to $12,000,000 from any capital appropri-
40 ations or reappropriations authorized by chapter 55 of the laws of 2009
41 to the department of environmental conservation for environmental
42 purposes, reimbursement from the proceeds of notes or bonds issued by
43 the urban development corporation for capital disbursements of up to
44 $3,000,000 from any capital appropriation or reappropriation authorized
45 by chapter 50 of the laws of 2009 to the division of military and naval
46 affairs for various purposes, reimbursement from the proceeds of notes
47 or bonds issued by the urban development corporation for a capital
48 appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
49 to the division of state police for rehabilitation of facilities,
50 reimbursement from the proceeds of notes or bonds issued by the Dormito-
51 ry Authority of the State of New York or other financing source for a
52 capital appropriation authorized by chapter 53 of the laws of 2009 of
53 $14,000,000 to the State Education Department for library construction,
54 reimbursement from the proceeds of notes or bonds issued by the Dormito-
55 ry Authority of the State of New York or other financing source for a
56 capital appropriation of $4,000,000 to the State Education Department
S. 6606--B 209 A. 9706--C
1 for rehabilitation associated with the St. Regis Mohawk elementary
2 school authorized by chapter 53 of the laws of 2009 and reimbursement
3 from the proceeds of notes or bonds issued by the urban development
4 corporation for capital appropriation of $25,000,000 authorized by chap-
5 ter 55 of the laws of 2009 to the urban development corporation for
6 services and expenses related to the empire state economic development
7 fund.
8 § 29. Notwithstanding any other law, rule, or regulation to the
9 contrary, the comptroller is hereby authorized and directed to deposit
10 to the credit of the capital projects fund, reimbursement from the
11 proceeds of notes or bonds issued by the environmental facilities corpo-
12 ration for a capital appropriation of $29,600,000 authorized by a chap-
13 ter of the laws of 2010 to the department of environmental conservation
14 for payment of a portion of the state's match for federal capitalization
15 grants for the water pollution control revolving loan fund, reimburse-
16 ment from the proceeds of notes or bonds issued by the urban development
17 corporation for a capital appropriation of $187,285,000 authorized by a
18 chapter of the laws of 2010 to all state departments and agencies for
19 the purchase of equipment or systems development, reimbursement from the
20 proceeds of notes or bonds issued by the urban development corporation
21 for disbursements of up to $26,950,000 from any capital appropriation or
22 reappropriation authorized by a chapter of the laws of 2010 to the
23 office of general services for various purposes, reimbursement from the
24 proceeds of notes or bonds issued by the environmental facilities corpo-
25 ration for a capital appropriation of $19,247,000 authorized by a chap-
26 ter of the laws of 2010 to the energy research and development authority
27 for the Western New York Nuclear Service Center at West Valley,
28 reimbursement from the proceeds of notes or bonds issued by the environ-
29 mental facilities corporation for a capital appropriation of $5,000,000
30 authorized by a chapter of the laws of 2010 to the department of envi-
31 ronmental conservation for Onondaga lake, reimbursement from the
32 proceeds of notes or bonds issued by the environmental facilities corpo-
33 ration for disbursements of up to $12,000,000 from any capital appropri-
34 ations or reappropriations authorized by a chapter of the laws of 2010
35 to the department of environmental conservation for environmental
36 purposes, reimbursement from the proceeds of notes or bonds issued by
37 the urban development corporation for capital disbursements of up to
38 $3,000,000 from any capital appropriation or reappropriation authorized
39 by a chapter of the laws of 2010 to the division of military and naval
40 affairs for various purposes, reimbursement from the proceeds of notes
41 or bonds issued by the urban development corporation for a capital
42 appropriation of $6,000,000 authorized by a chapter of the laws of 2010
43 to the division of state police for rehabilitation of facilities,
44 reimbursement from the proceeds of notes or bonds issued by the Dormito-
45 ry Authority of the State of New York or other financing source for a
46 capital appropriation of $14,000,000 authorized by a chapter of the laws
47 of 2010 to the State Education Department for library construction and
48 reimbursement from the proceeds of notes or bonds issued by the Dormito-
49 ry Authority of the State of New York or other financing source for a
50 capital appropriation of $42,000,000 for the State preparedness and
51 training center.
52 § 30. Notwithstanding any other law, rule, or regulation to the
53 contrary, the comptroller is hereby authorized and directed to deposit
54 to the credit of the capital projects fund, reimbursement from the
55 proceeds of notes or bonds issued by the dormitory authority and urban
56 development corporation for disbursements of up to $8,000,000 from an
S. 6606--B 210 A. 9706--C
1 appropriation authorized by chapter 50 of the laws of 2009 for drug
2 courts.
3 § 31. Notwithstanding any other law, rule, or regulation to the
4 contrary, the comptroller is hereby authorized and directed to deposit
5 to the credit of the city university special revenue fund (377),
6 reimbursement from the proceeds of notes or bonds issued by the Dormito-
7 ry Authority of the State of New York for capital disbursements of up to
8 $20,000,000 from any appropriation or reappropriation authorized by
9 chapter 53 of the laws of 2009 to the city university of New York for
10 various purposes.
11 § 32. Notwithstanding any other law, rule, or regulation to the
12 contrary, the state comptroller is hereby authorized and directed to use
13 any balance remaining in the mental health services fund debt service
14 appropriation, after payment by the state comptroller of all obligations
15 required pursuant to any lease, sublease, or other financing arrangement
16 between the dormitory authority of the state of New York as successor to
17 the New York state medical care facilities finance agency, and the
18 facilities development corporation pursuant to chapter 83 of the laws of
19 1995 and the department of mental hygiene for the purpose of making
20 payments to the dormitory authority of the state of New York for the
21 amount of the earnings for the investment of monies deposited in the
22 mental health services fund that such agency determines will or may have
23 to be rebated to the federal government pursuant to the provisions of
24 the internal revenue code of 1986, as amended, in order to enable such
25 agency to maintain the exemption from federal income taxation on the
26 interest paid to the holders of such agency's mental services facilities
27 improvement revenue bonds. On or before June 30, 2010, such agency shall
28 certify to the state comptroller its determination of the amounts
29 received in the mental health services fund as a result of the invest-
30 ment of monies deposited therein that will or may have to be rebated to
31 the federal government pursuant to the provisions of the internal reven-
32 ue code of 1986, as amended.
33 § 33. (1) Notwithstanding any other law, rule, or regulation to the
34 contrary, the state comptroller shall at the commencement of each month
35 certify to the director of the budget, the commissioner of environmental
36 conservation, the chair of the senate finance committee, and the chair
37 of the assembly ways and means committee the amounts disbursed from all
38 appropriations for hazardous waste site remediation disbursements for
39 the month preceding such certification.
40 (2) Notwithstanding any law to the contrary, prior to the issuance by
41 the comptroller of bonds authorized pursuant to subdivision a of section
42 4 of the environmental quality bond act of nineteen hundred eighty-six,
43 as enacted by chapter 511 of the laws of 1986, disbursements from all
44 appropriations for that purpose shall first be reimbursed from moneys
45 credited to the hazardous waste remedial fund, site investigation and
46 construction account, to the extent moneys are available in such
47 account. For purposes of determining moneys available in such account,
48 the commissioner of environmental conservation shall certify to the
49 comptroller the amounts required for administration of the hazardous
50 waste remedial program.
51 (3) The comptroller is hereby authorized and directed to transfer any
52 balance above the amounts certified by the commissioner of environmental
53 conservation to reimburse disbursements pursuant to all appropriations
54 from such site investigation and construction account; provided, howev-
55 er, that if such transfers are determined by the comptroller to be
56 insufficient to assure that interest paid to holders of state obli-
S. 6606--B 211 A. 9706--C
1 gations issued for hazardous waste purposes pursuant to the environ-
2 mental quality bond act of nineteen hundred eighty-six, as enacted by
3 chapter 511 of the laws of 1986, is exempt from federal income taxation,
4 the comptroller is hereby authorized and directed to transfer, from such
5 site investigation and construction account to the general fund, the
6 amount necessary to redeem bonds in an amount necessary to assure the
7 continuation of such tax exempt status. Prior to the making of any such
8 transfers, the comptroller shall notify the director of the budget of
9 the amount of such transfers.
10 § 34. Intentionally omitted.
11 § 35. Subdivision 4 of section 72 of the state finance law, as sepa-
12 rately amended by chapters 405 and 957 of the laws of 1981, is amended
13 to read as follows:
14 4. (a) Any balance of moneys in any debt service fund in excess of
15 both the debt principal and interest payments required to be made from
16 such fund during the current fiscal year, or during future fiscal years,
17 and any reserve requirement established by statute or by a relevant bond
18 covenant, shall be transferred to the general fund.
19 (b) On or before the beginning of each quarter, the director of the
20 budget may certify to the state comptroller the estimated amount of
21 monies that shall be reserved in the general debt service fund for the
22 payment of debt service and related expenses payable by such fund during
23 each month of the state fiscal year, excluding payments due from the
24 revenue bond tax fund. Such certificate may be periodically updated, as
25 necessary. Notwithstanding any provision of law to the contrary, the
26 state comptroller shall reserve in the general debt service fund the
27 amount of monies identified on such certificate as necessary for the
28 payment of debt service and related expenses during the current or next
29 succeeding quarter of the state fiscal year. Such monies reserved shall
30 not be available for any other purpose. Such certificate shall be
31 reported to the chairpersons of the Senate Finance Committee and the
32 Assembly Ways and Means Committee. The provisions of this paragraph
33 shall expire June thirtieth, two thousand twelve.
34 § 36. Intentionally omitted.
35 § 37. Intentionally omitted.
36 § 38. Intentionally omitted.
37 § 39. Paragraph a of subdivision 4 of section 57 of the state finance
38 law, as amended by chapter 437 of the laws of 2004, is amended to read
39 as follows:
40 a. Such bonds shall be sold at par, at par plus a premium [not to
41 exceed five percent in the case of refunding bonds or five-tenths of one
42 percent in the case of all other bonds], or at a discount to the bidder
43 offering the lowest interest cost to the state, taking into consider-
44 ation any premium or discount and, in the case of refunding bonds, the
45 bona fide initial public offering price, not less than four nor more
46 than fifteen days, Sundays excepted, after a notice of such sale has
47 been published at least once in a definitive trade publication of the
48 municipal bond industry published on each business day in the state of
49 New York which is generally available to participants in the municipal
50 bond industry, which notice shall state the terms of the sale. The
51 comptroller may not change the terms of the sale unless notice of such
52 change is sent via a definitive trade wire service of the municipal bond
53 industry which, in general, makes available information regarding activ-
54 ity and sales of municipal bonds and is generally available to partic-
55 ipants in the municipal bond industry, at least one [day] hour prior to
56 the [date] time of the sale as set forth in the original notice of sale.
S. 6606--B 212 A. 9706--C
1 In so changing the terms or conditions of a sale the comptroller may
2 send notice by such wire service that the sale will be delayed by up to
3 thirty days, provided that wire notice of the new sale date will be
4 given at least one business day prior to the new time when bids will be
5 accepted. In such event, no new notice of sale shall be required to be
6 published. Notwithstanding the provisions of section three hundred five
7 of the state technology law or any other law, if the notice of sale
8 contains a provision that bids will only be accepted electronically in
9 the manner provided in such notice of sale, the comptroller shall not be
10 required to accept non-electronic bids in any form. Advertisements shall
11 contain a provision to the effect that the state comptroller, in his or
12 her discretion, may reject any or all bids made in pursuance of such
13 advertisements, and in the event of such rejection, the state comp-
14 troller is authorized to negotiate a private sale or readvertise for
15 bids in the form and manner above described as many times as, in his or
16 her judgment, may be necessary to effect a satisfactory sale. Notwith-
17 standing the foregoing provisions of this paragraph, whenever in the
18 judgment of the comptroller the interests of the state will be served
19 thereby, he or she may sell state bonds at private sale at par, at par
20 plus a premium [not to exceed five percent in the case of refunding
21 bonds or five-tenths of one percent in the case of all other bonds], or
22 at a discount. The comptroller shall promulgate regulations governing
23 the terms and conditions of any such private sales, which regulations
24 shall include a provision that he or she give notice to the governor,
25 the temporary president of the senate, and the speaker of the assembly,
26 of his or her intention to conduct a private sale of obligations pursu-
27 ant to this section not less than five days prior to such sale or the
28 execution of any binding agreement to effect such sale.
29 § 40. Paragraph (a) of subdivision 4 of section 60 of the state
30 finance law, as amended by chapter 437 of the laws of 2004, is amended
31 to read as follows:
32 (a) Such bonds shall be sold at par, at par plus a premium [not to
33 exceed five percent in the case of refunding bonds or five-tenths of one
34 percent in the case of all other bonds], or at a discount to the bidder
35 offering the lowest interest cost to the state, taking into consider-
36 ation any premium or discount and, in the case of refunding bonds, the
37 bona fide initial public offering price, not less than four nor more
38 than fifteen days, Sundays excepted, after a notice of such sale has
39 been published at least once in a definitive trade publication of the
40 municipal bond industry published on each business day in the state of
41 New York which is generally available to participants in the municipal
42 bond industry, which notice shall state the terms of the sale. The
43 comptroller may not change the terms of the sale unless notice of such
44 change is sent via a definitive trade wire service of the municipal bond
45 industry which, in general, makes available information regarding activ-
46 ity and sales of municipal bonds and is generally available to partic-
47 ipants in the municipal bond industry, at least one [day] hour prior to
48 the [date] time of the sale as set forth in the original notice of sale.
49 In so changing the terms or conditions of a sale the comptroller may
50 send notice by such wire service that the sale will be delayed by up to
51 thirty days, provided that wire notice of the new sale date will be
52 given at least one business day prior to the new time when bids will be
53 accepted. In such event, no new notice of sale shall be required to be
54 published. Notwithstanding the provisions of section three hundred five
55 of the state technology law or any other law, if the notice of sale
56 contains a provision that bids will only be accepted electronically in
S. 6606--B 213 A. 9706--C
1 the manner provided in such notice of sale, the comptroller shall not be
2 required to accept non-electronic bids in any form. Advertisements shall
3 contain a provision to the effect that the state comptroller, in his or
4 her discretion, may reject any or all bids made in pursuance of such
5 advertisements, and in the event of such rejection, the state comp-
6 troller is authorized to negotiate a private sale or readvertise for
7 bids in the form and manner above described as many times as, in his or
8 her judgment, may be necessary to effect a satisfactory sale. Notwith-
9 standing the foregoing provisions of this subdivision, whenever in the
10 judgment of the comptroller the interests of the state will be served
11 thereby, he or she may sell state bonds at private sale at par, at par
12 plus a premium [not to exceed five percent in the case of refunding
13 bonds or five-tenths of one percent in the case of all other bonds], or
14 at a discount. The comptroller shall promulgate regulations governing
15 the terms and conditions of any such private sales, which regulations
16 shall include a provision that he or she give notice to the governor,
17 the temporary president of the senate, and the speaker of the assembly
18 of his or her intention to conduct a private sale of obligations pursu-
19 ant to this section not less than five days prior to such sale or the
20 execution of any binding agreement to effect such sale.
21 § 41. The state finance law is amended by adding a new section 73 to
22 read as follows:
23 § 73. Federal interest subsidy payments. Notwithstanding any other
24 provision of law to the contrary, the comptroller shall deposit any
25 federal interest subsidy payments received by the state for state-sup-
26 ported debt issued as build America bonds, as authorized pursuant to the
27 American Recovery and Reinvestment Act of 2009, as amended or pursuant
28 to any successor authorization, to each respective debt service fund
29 which relates to such bonds.
30 § 42. Subdivision 2 of section 1680-m of the public authorities law,
31 as added by section 39 of part T of chapter 57 of the laws of 2007, is
32 amended to read as follows:
33 2. Notwithstanding any other provision of law to the contrary, in
34 order to assist the authority and the urban development corporation in
35 undertaking the financing [of] for construction [of a collections stor-
36 age facility for the state museum, the state library and the state
37 archives] and rehabilitation associated with the cultural education
38 facilities and the St. Regis Mohawk elementary school, the director of
39 the budget is hereby authorized to enter into one or more service
40 contracts with the authority and the urban development corporation, none
41 of which shall exceed thirty years in duration, upon such terms and
42 conditions as the director of the budget and the authority and the urban
43 development corporation agree, so as to annually provide to the authori-
44 ty and the urban development corporation, in the aggregate, a sum not to
45 exceed the principal, interest, and related expenses required for such
46 bonds and notes. Any service contract entered into pursuant to this
47 section shall provide that the obligation of the state to pay the amount
48 therein provided shall not constitute a debt of the state within the
49 meaning of any constitutional or statutory provision and shall be deemed
50 executory only to the extent of monies available and that no liability
51 shall be incurred by the state beyond the monies available for such
52 purpose, subject to annual appropriation by the legislature. Any such
53 contract or any payments made or to be made thereunder may be assigned
54 and pledged by the authority and the urban development corporation as
55 security for its bonds and notes, as authorized by this section.
S. 6606--B 214 A. 9706--C
1 § 43. Subdivision 4 of section 1689-i of the public authorities law,
2 as added by chapter 60 of the laws of 2006, is amended to read as
3 follows:
4 4. [(a)] To obtain funds for the purposes of this section, the author-
5 ity shall have power from time to time, in accordance with a schedule
6 certified to the authority by the commissioner of education identifying
7 eligible library construction projects approved for the payment of aid
8 apportionments pursuant to section two hundred seventy-three-a of the
9 education law, to issue negotiable bonds or notes of the authority.
10 Unless the context shall clearly indicate otherwise, whenever the words
11 "bond" or "bonds" are used in this section, such words shall include a
12 note or notes of the authority.
13 [(b) The dormitory authority shall not issue any bonds or notes in an
14 amount in excess of fourteen million dollars for the purposes of this
15 section.]
16 § 44. Intentionally omitted.
17 § 45. Subdivisions 6 and 8 of section 1689-i of the public authori-
18 ties law, as added by section 4 of part I of chapter 61 of the laws of
19 2006, are amended to read as follows:
20 6. The commissioner of education shall certify, from time to time, to
21 the dormitory authority, the comptroller, the director of the division
22 of the budget, the chair of the senate finance committee and the chair
23 of the assembly ways and means committee each school district for which
24 he or she has determined an aid apportionment for authority financing of
25 an EXCEL project pursuant to subdivision fourteen of section thirty-six
26 hundred forty-one of the education law. Such certification, which shall
27 be made within thirty days after such determination or as soon thereaft-
28 er as is practicable, shall identify the amount of aid apportionment
29 which has been approved for such school district and shall estimate the
30 date or dates when such project will be undertaken [to assist the
31 authority in establishing a schedule for financing such project. The
32 commissioner of education shall notify the authority if there is a
33 change in such date].
34 8. To obtain funds for the purposes of this section, the authority
35 shall have power from time to time, [in accordance with a certification
36 to the authority by the commissioner of education pursuant to subdivi-
37 sion six of this section,] to issue negotiable bonds or notes of the
38 authority. Unless the context shall clearly indicate otherwise, whenev-
39 er the words "bond" or "bonds" are used in this section, such words
40 shall include a note or notes of the authority.
41 § 46. Subdivision 1 of section 1689-i of the public authorities law,
42 as amended by section 40 of part PP of chapter 56 of the laws of 2009,
43 is amended to read as follows:
44 1. The dormitory authority is authorized to issue bonds, at the
45 request of the commissioner of education, to finance eligible library
46 construction projects pursuant to section two hundred seventy-three-a of
47 the education law, in amounts certified by such commissioner not to
48 exceed a total principal amount of [fifty-six] seventy million dollars.
49 § 47. Subdivision 1 of section 1680-m of the public authorities law,
50 as amended by section 41 of part PP of chapter 56 of the laws of 2009,
51 is amended to read as follows:
52 1. Notwithstanding the provisions of any other law to the contrary,
53 the authority and the urban development corporation are hereby author-
54 ized to issue bonds or notes in one or more series for the purpose of
55 funding project costs for construction and rehabilitation associated
56 with the cultural education facilities and the St. Regis Mohawk elemen-
S. 6606--B 215 A. 9706--C
1 tary school. The aggregate principal amount of bonds authorized to be
2 issued pursuant to this section shall not exceed [ninety-one] seventy-
3 nine million [five hundred eighty-five thousand] dollars, excluding
4 bonds issued to fund one or more debt service reserve funds, to pay
5 costs of issuance of such bonds, and bonds or notes issued to refund or
6 otherwise repay such bonds or notes previously issued. Such bonds and
7 notes of the authority and the urban development corporation shall not
8 be a debt of the state, and the state shall not be liable thereon, nor
9 shall they be payable out of any funds other than those appropriated by
10 the state to the authority for principal, interest, and related expenses
11 pursuant to a service contract and such bonds and notes shall contain on
12 the face thereof a statement to such effect. Except for purposes of
13 complying with the internal revenue code, any interest income earned on
14 bond proceeds shall only be used to pay debt service on such bonds.
15 § 48. Subdivision 3 of section 1285-p of the public authorities law,
16 as amended by section 42 of part PP of chapter 56 of the laws of 2009,
17 is amended to read as follows:
18 3. The maximum amount of bonds that may be issued for the purpose of
19 financing environmental infrastructure projects authorized by this
20 section shall be [eight] nine hundred [sixty-seven] three million [five]
21 seven hundred forty-seven thousand dollars, exclusive of bonds issued to
22 fund any debt service reserve funds, pay costs of issuance of such
23 bonds, and bonds or notes issued to refund or otherwise repay bonds or
24 notes previously issued. Such bonds and notes of the corporation shall
25 not be a debt of the state, and the state shall not be liable thereon,
26 nor shall they be payable out of any funds other than those appropriated
27 by the state to the corporation for debt service and related expenses
28 pursuant to any service contracts executed pursuant to subdivision one
29 of this section, and such bonds and notes shall contain on the face
30 thereof a statement to such effect.
31 § 49. Subdivision (a) of section 28 of part Y of chapter 61 of the
32 laws of 2005, providing for the administration of certain funds and
33 accounts related to the 2005-2006 budget, is amended to read as follows:
34 (a) Subject to the provisions of chapter 59 of the laws of 2000, but
35 notwithstanding any provisions of law to the contrary, one or more
36 authorized issuers as defined by section 68-a of the state finance law
37 are hereby authorized to issue bonds or notes in one or more series in
38 an aggregate principal amount not to exceed [$15,000,000] $18,000,000,
39 excluding bonds issued to finance one or more debt service reserve
40 funds, to pay costs of issuance of such bonds, and bonds or notes issued
41 to refund or otherwise repay such bonds or notes previously issued, for
42 the purpose of financing capital projects for public protection facili-
43 ties in the Division of Military and Naval Affairs, debt service and
44 leases; and to reimburse the state general fund for disbursements made
45 therefor. Such bonds and notes of such authorized issuer shall not be a
46 debt of the state, and the state shall not be liable thereon, nor shall
47 they be payable out of any funds other than those appropriated by the
48 state to such authorized issuer for debt service and related expenses
49 pursuant to any service contract executed pursuant to subdivision (b) of
50 this section and such bonds and notes shall contain on the face thereof
51 a statement to such effect. Except for purposes of complying with the
52 internal revenue code, any interest income earned on bond proceeds shall
53 only be used to pay debt service on such bonds.
54 § 50. Subdivision (a) of section 48 of part K of chapter 81 of the
55 laws of 2002, providing for the administration of certain funds and
56 accounts related to the 2002-2003 budget, as amended by section 44 of
S. 6606--B 216 A. 9706--C
1 part PP of chapter 56 of the laws of 2009, is amended to read as
2 follows:
3 (a) Subject to the provisions of chapter 59 of the laws of 2000 but
4 notwithstanding the provisions of section 18 of the urban development
5 corporation act, the corporation is hereby authorized to issue bonds or
6 notes in one or more series in an aggregate principal amount not to
7 exceed [$25,000,000] $67,000,000 excluding bonds issued to fund one or
8 more debt service reserve funds, to pay costs of issuance of such bonds,
9 and bonds or notes issued to refund or otherwise repay such bonds or
10 notes previously issued, for the purpose of financing capital costs
11 related to homeland security and training facilities for the division of
12 state police, the division of military and naval affairs, and any other
13 state agency, including the reimbursement of any disbursements made from
14 the state capital projects fund, and is hereby authorized to issue bonds
15 or notes in one or more series in an aggregate principal amount not to
16 exceed [$155,800,000] $165,800,000, excluding bonds issued to fund one
17 or more debt service reserve funds, to pay costs of issuance of such
18 bonds, and bonds or notes issued to refund or otherwise repay such bonds
19 or notes previously issued, for the purpose of financing improvements to
20 State office buildings and other facilities located statewide, including
21 the reimbursement of any disbursements made from the state capital
22 projects fund. Such bonds and notes of the corporation shall not be a
23 debt of the state, and the state shall not be liable thereon, nor shall
24 they be payable out of any funds other than those appropriated by the
25 state to the corporation for debt service and related expenses pursuant
26 to any service contracts executed pursuant to subdivision (b) of this
27 section, and such bonds and notes shall contain on the face thereof a
28 statement to such effect.
29 § 51. Subdivision 4 of section 66-b of the state finance law, as
30 amended by section 45 of part PP of chapter 56 of the laws of 2009, is
31 amended to read as follows:
32 4. Subject to the provisions of chapter fifty-nine of the laws of two
33 thousand, but notwithstanding any other provisions of law to the contra-
34 ry, the maximum amount of certificates of participation or similar
35 instruments representing periodic payments due from the state of New
36 York, issued on behalf of state departments and agencies, the city
37 university of New York and any other state entity otherwise specified
38 after March thirty-first, two thousand three shall be [five] seven
39 hundred [sixty-four] fifty-one million two hundred eighty-five thousand
40 dollars. Such amount shall be exclusive of certificates of participation
41 or similar instruments issued to fund a reserve fund or funds, costs of
42 issuance and to refund outstanding certificates of participation.
43 § 52. Subdivision 1 of section 16 of part D of chapter 389 of the laws
44 of 1997, providing for the financing of the correctional facilities
45 improvement fund and the youth facility improvement fund, as amended by
46 section 46 of part PP of chapter 56 of the laws of 2009, is amended to
47 read as follows:
48 1. Subject to the provisions of chapter 59 of the laws of 2000, but
49 notwithstanding the provisions of section 18 of section 1 of chapter 174
50 of the laws of 1968, the New York state urban development corporation is
51 hereby authorized to issue bonds, notes and other obligations in an
52 aggregate principal amount not to exceed [five] six billion [eight] one
53 hundred [thirty-seven] sixty-four million [eight hundred] sixty-nine
54 thousand dollars [$5,837,800,000] $6,164,069,000, and shall include all
55 bonds, notes and other obligations issued pursuant to chapter 56 of the
56 laws of 1983, as amended or supplemented. The proceeds of such bonds,
S. 6606--B 217 A. 9706--C
1 notes or other obligations shall be paid to the state, for deposit in
2 the correctional facilities capital improvement fund to pay for all or
3 any portion of the amount or amounts paid by the state from appropri-
4 ations or reappropriations made to the department of correctional
5 services from the correctional facilities capital improvement fund for
6 capital projects. The aggregate amount of bonds, notes or other obli-
7 gations authorized to be issued pursuant to this section shall exclude
8 bonds, notes or other obligations issued to refund or otherwise repay
9 bonds, notes or other obligations theretofore issued, the proceeds of
10 which were paid to the state for all or a portion of the amounts
11 expended by the state from appropriations or reappropriations made to
12 the department of correctional services; provided, however, that upon
13 any such refunding or repayment the total aggregate principal amount of
14 outstanding bonds, notes or other obligations may be greater than [five]
15 six billion [eight] one hundred [thirty-seven] sixty-four million [eight
16 hundred] sixty-nine thousand dollars [$5,837,800,000] $6,164,069,000,
17 only if the present value of the aggregate debt service of the refunding
18 or repayment bonds, notes or other obligations to be issued shall not
19 exceed the present value of the aggregate debt service of the bonds,
20 notes or other obligations so to be refunded or repaid. For the purposes
21 hereof, the present value of the aggregate debt service of the refunding
22 or repayment bonds, notes or other obligations and of the aggregate debt
23 service of the bonds, notes or other obligations so refunded or repaid,
24 shall be calculated by utilizing the effective interest rate of the
25 refunding or repayment bonds, notes or other obligations, which shall be
26 that rate arrived at by doubling the semi-annual interest rate
27 (compounded semi-annually) necessary to discount the debt service
28 payments on the refunding or repayment bonds, notes or other obligations
29 from the payment dates thereof to the date of issue of the refunding or
30 repayment bonds, notes or other obligations and to the price bid includ-
31 ing estimated accrued interest or proceeds received by the corporation
32 including estimated accrued interest from the sale thereof.
33 § 53. Subdivision 1 of section 17 of part D of chapter 389 of the laws
34 of 1997, providing for the financing of the correctional facilities
35 improvement fund and the youth facility improvement fund, as amended by
36 section 20 of part P2 of chapter 62 of the laws of 2003, is amended to
37 read as follows:
38 1. Subject to the provisions of chapter 59 of the laws of 2000, but
39 notwithstanding the provisions of section 18 of section 1 of chapter 174
40 of the laws of 1968, the New York state urban development corporation is
41 hereby authorized to issue bonds, notes and other obligations in an
42 aggregate principal amount not to exceed three hundred [twenty-eight]
43 seventy-nine million five hundred fifteen thousand dollars
44 [($328,515,000)] ($379,515,000), which authorization increases the
45 aggregate principal amount of bonds, notes and other obligations author-
46 ized by section 40 of chapter 309 of the laws of 1996, and shall include
47 all bonds, notes and other obligations issued pursuant to chapter 211 of
48 the laws of 1990, as amended or supplemented. The proceeds of such
49 bonds, notes or other obligations shall be paid to the state, for depos-
50 it in the youth facilities improvement fund, to pay for all or any
51 portion of the amount or amounts paid by the state from appropriations
52 or reappropriations made to the office of children and family services
53 from the youth facilities improvement fund for capital projects. The
54 aggregate amount of bonds, notes and other obligations authorized to be
55 issued pursuant to this section shall exclude bonds, notes or other
56 obligations issued to refund or otherwise repay bonds, notes or other
S. 6606--B 218 A. 9706--C
1 obligations theretofore issued, the proceeds of which were paid to the
2 state for all or a portion of the amounts expended by the state from
3 appropriations or reappropriations made to the office of children and
4 family services; provided, however, that upon any such refunding or
5 repayment the total aggregate principal amount of outstanding bonds,
6 notes or other obligations may be greater than three hundred [twenty-
7 eight] seventy-nine million five hundred fifteen thousand dollars
8 [($328,515,000)] ($379,515,000), only if the present value of the aggre-
9 gate debt service of the refunding or repayment bonds, notes or other
10 obligations to be issued shall not exceed the present value of the
11 aggregate debt service of the bonds, notes or other obligations so to be
12 refunded or repaid. For the purposes hereof, the present value of the
13 aggregate debt service of the refunding or repayment bonds, notes or
14 other obligations and of the aggregate debt service of the bonds, notes
15 or other obligations so refunded or repaid, shall be calculated by
16 utilizing the effective interest rate of the refunding or repayment
17 bonds, notes or other obligations, which shall be that rate arrived at
18 by doubling the semi-annual interest rate (compounded semi-annually)
19 necessary to discount the debt service payments on the refunding or
20 repayment bonds, notes or other obligations from the payment dates ther-
21 eof to the date of issue of the refunding or repayment bonds, notes or
22 other obligations and to the price bid including estimated accrued
23 interest or proceeds received by the corporation including estimated
24 accrued interest from the sale thereof.
25 § 54. Paragraph (a) of subdivision 2 of section 47-e of the private
26 housing finance law, as amended by section 47 of part PP of chapter 56
27 of the laws of 2009, is amended to read as follows:
28 2. (a) Subject to the provisions of chapter fifty-nine of the laws of
29 two thousand, in order to enhance and encourage the promotion of housing
30 programs and thereby achieve the stated purposes and objectives of such
31 housing programs, the agency shall have the power and is hereby author-
32 ized from time to time to issue negotiable housing program bonds and
33 notes in such principal amount as shall be necessary to provide suffi-
34 cient funds for the repayment of amounts disbursed (and not previously
35 reimbursed) pursuant to law or any prior year making capital appropri-
36 ations or reappropriations for the purposes of the housing program;
37 provided, however, that the agency may issue such bonds and notes in an
38 aggregate principal amount not exceeding two billion [four] five hundred
39 [twenty-eight] thirty-two million [one] two hundred [forty-one] ninety-
40 nine thousand dollars, plus a principal amount of bonds issued to fund
41 the debt service reserve fund in accordance with the debt service
42 reserve fund requirement established by the agency and to fund any other
43 reserves that the agency reasonably deems necessary for the security or
44 marketability of such bonds and to provide for the payment of fees and
45 other charges and expenses, including underwriters' discount, trustee
46 and rating agency fees, bond insurance, credit enhancement and liquidity
47 enhancement related to the issuance of such bonds and notes. No reserve
48 fund securing the housing program bonds shall be entitled or eligible to
49 receive state funds apportioned or appropriated to maintain or restore
50 such reserve fund at or to a particular level, except to the extent of
51 any deficiency resulting directly or indirectly from a failure of the
52 state to appropriate or pay the agreed amount under any of the contracts
53 provided for in subdivision four of this section.
54 § 55. This act shall take effect immediately and shall be deemed to
55 have been in full force and effect on and after April 1, 2010, provided,
56 however, that:
S. 6606--B 219 A. 9706--C
1 (a) section forty-two of this act shall be deemed to have been in full
2 force and effect on and after April 1, 2008;
3 (b) sections one, two, three, four, five, six, seven, eight, nine,
4 ten, eighteen, and nineteen through twenty-nine of this act shall expire
5 March 31, 2011, when, upon such date, the provisions of such sections
6 shall be deemed repealed; and
7 (c) the amendments to subdivision 5 of section 97-rrr of the state
8 finance law made by section fifteen of this act shall not affect the
9 expiration of such subdivision and shall be deemed to expire therewith.
10 PART KK
11 Section 1. Sections 1 and 2 of part H of chapter 503 of the laws of
12 2009 relating to the disposition of monies recovered by county district
13 attorneys before the filing of an accusatory instrument, are amended to
14 read as follows:
15 Section 1. When a county district attorney of a county located in a
16 city of one million or more recovers monies before the filing of an
17 accusatory instrument as defined in subdivision 1 of section 1.20 of the
18 criminal procedure law, after injured parties have been appropriately
19 compensated, the district attorney's office shall retain a percentage of
20 the remaining such monies in recognition that such monies were recovered
21 as a result of investigations undertaken by [the district attorney's]
22 such office. The total amount of such monies to be retained by the coun-
23 ty district attorney's office shall equal ten percent of the first twen-
24 ty-five million dollars received by such office during the state fiscal
25 year, plus seven and one-half percent of such monies received by such
26 office in excess of twenty-five million dollars but less than fifty
27 million dollars, plus five percent of any such monies received by such
28 office in excess of fifty million dollars but less than one hundred
29 million dollars, plus one percent of such monies received by such office
30 in excess of one hundred million dollars. The remainder of such monies
31 shall be paid by the district attorney's office to the state and to the
32 county in equal amounts within thirty days of receipt, where disposition
33 of such monies is not otherwise prescribed by law. Monies distributed
34 to a county district attorney's office pursuant to this section shall be
35 used to enhance law enforcement efforts and shall not supplant funds for
36 ordinary budgetary costs including salaries of personnel and expenses of
37 district attorneys.
38 § 2. This act shall take effect immediately and shall remain in full
39 force and effect until the last day of March, [2010] 2011, when it shall
40 expire and be deemed repealed.
41 § 2. This act shall take effect immediately; provided, however, that
42 the amendments made to section 1 of chapter 503 of the laws of 2009 made
43 by section one of this act shall not affect the repeal of such section
44 and shall be deemed to be repealed therewith.
45 PART LL
46 Section 1. Section 130 of the executive law, as amended by chapter 680
47 of the laws of 1967 and the opening paragraph as amended by chapter 673
48 of the laws of 2002, is amended to read as follows:
49 § 130. Appointment of notaries public. 1. The secretary of state may
50 appoint and commission as many notaries public for the state of New York
51 as in his or her judgment may be deemed best, whose jurisdiction shall
52 be co-extensive with the boundaries of the state. The appointment of a
S. 6606--B 220 A. 9706--C
1 notary public shall be for a term of four years. An application for an
2 appointment as notary public shall be in form and set forth such matters
3 as the secretary of state shall prescribe. Every person appointed as
4 notary public must, at the time of his or her appointment, be a citizen
5 of the United States and either a resident of the state of New York or
6 have an office or place of business in New York state. A notary public
7 who is a resident of the state and who moves out of the state but still
8 maintains a place of business or an office in New York state does not
9 vacate his or her office as a notary public. A notary public who is a
10 nonresident and who ceases to have an office or place of business in
11 this state, vacates his or her office as a notary public. A notary
12 public who is a resident of New York state and moves out of the state
13 and who does not retain an office or place of business in this state
14 shall vacate his or her office as a notary public. A non-resident who
15 accepts the office of notary public in this state thereby appoints the
16 secretary of state as the person upon whom process can be served on his
17 or her behalf. Before issuing to any applicant a commission as notary
18 public, unless he or she be an attorney and counsellor at law duly
19 admitted to practice in this state or a court clerk of the unified court
20 system who has been appointed to such position after taking a civil
21 service promotional examination in the court clerk series of titles, the
22 secretary of state shall satisfy himself or herself that the applicant
23 is of good moral character, has the equivalent of a common school educa-
24 tion and is familiar with the duties and responsibilities of a notary
25 public; provided, however, that where a notary public applies, before
26 the expiration of his or her term, for reappointment with the county
27 clerk or where a person whose term as notary public shall have expired
28 applies within six months thereafter for reappointment as a notary
29 public with the county clerk, such qualifying requirements may be waived
30 by the secretary of state, and further, where an application for reap-
31 pointment is filed with the county clerk after the expiration of the
32 aforementioned renewal period by a person who failed or was unable to
33 re-apply by reason of his or her induction or enlistment in the armed
34 forces of the United States, such qualifying requirements may also be
35 waived by the secretary of state, provided such application for reap-
36 pointment is made within a period of one year after the military
37 discharge of the applicant under conditions other than dishonorable. In
38 any case, the appointment or reappointment of any applicant is in the
39 discretion of the secretary of state. The secretary of state may suspend
40 or remove from office, for misconduct, any notary public appointed by
41 him or her but no such removal shall be made unless the person who is
42 sought to be removed shall have been served with a copy of the charges
43 against him or her and have an opportunity of being heard. No person
44 shall be appointed as a notary public under this article who has been
45 convicted, in this state or any other state or territory, of a felony or
46 any of the following offenses, to wit:
47 (a) Illegally using, carrying or possessing a pistol or other danger-
48 ous weapon; (b) making or possessing burglar's instruments; (c) buying
49 or receiving or criminally possessing stolen property; (d) unlawful
50 entry of a building; (e) aiding escape from prison; (f) unlawfully
51 possessing or distributing habit forming narcotic drugs; (g) violating
52 sections two hundred seventy, two hundred seventy-a, two hundred seven-
53 ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
54 ty-five, two hundred seventy-six, five hundred fifty, five hundred
55 fifty-one, five hundred fifty-one-a and subdivisions six, eight, ten or
56 eleven of section seven hundred twenty-two of the former penal law as in
S. 6606--B 221 A. 9706--C
1 force and effect immediately prior to September first, nineteen hundred
2 sixty-seven, or violating sections 165.25, 165.30, subdivision one of
3 section 240.30, subdivision three of section 240.35 of the penal law, or
4 violating sections four hundred seventy-eight, four hundred seventy-
5 nine, four hundred eighty, four hundred eighty-one, four hundred eight-
6 y-four, four hundred eighty-nine and four hundred ninety-one of the
7 judiciary law; or (h) vagrancy or prostitution, and who has not subse-
8 quent to such conviction received an executive pardon therefor or a
9 certificate of relief from disabilities or a certificate of good conduct
10 [from the parole board] pursuant to article twenty-three of the
11 correction law to remove the disability under this section because of
12 such conviction.
13 2. A person regularly admitted to practice as an attorney and counsel-
14 lor in the courts of record of this state, whose office for the practice
15 of law is within the state, may be appointed a notary public and retain
16 his office as such notary public although he resides in or removes to an
17 adjoining state. For the purpose of this and the following sections of
18 this article such person shall be deemed a resident of the county where
19 he maintains such office.
20 § 2. Subdivision 3 of section 175 of the executive law, as amended by
21 chapter 43 of the laws of 2002, is amended to read as follows:
22 3. Upon a showing by the attorney general in an application for an
23 injunction that any person engaged in solicitation has been convicted in
24 this state or elsewhere of a felony or of a misdemeanor involving the
25 misappropriation, misapplication or misuse of the money or property of
26 another, and who has not, subsequent to such conviction, received execu-
27 tive pardon therefor or a certificate of relief from disabilities or a
28 certificate of good conduct [from the parole board] pursuant to article
29 twenty-three of the correction law, the supreme court, after a hearing,
30 may enjoin such person from engaging in any solicitation.
31 § 3. The opening paragraph of subdivision 2 of section 102 of the
32 alcoholic beverage control law, as amended by chapter 340 of the laws of
33 1972, is amended to read as follows:
34 No person holding any license hereunder, other than a license to sell
35 an alcoholic beverage at retail for off-premises consumption, shall
36 knowingly employ in connection with his business in any capacity whatso-
37 ever, any person, who has been convicted of a felony, or any of the
38 following offenses, who has not subsequent to such conviction received
39 an executive pardon therefor removing any civil disabilities incurred
40 thereby, a certificate of relief from disabilities or a certificate of
41 good conduct pursuant to article twenty-three of the correction law, or
42 other relief from disabilities provided by law, or the written approval
43 of the state liquor authority permitting such employment, to wit:
44 § 4. Subdivision 4 of section 96-z-3 of the agriculture and markets
45 law, as added by chapter 391 of the laws of 1968, is amended to read as
46 follows:
47 (4) applicant, an officer, director, partner, or holder of ten per
48 centum or more of the voting stock of an applicant has been convicted of
49 a felony by a court of the United States or any state or territory ther-
50 eof, without subsequent pardon by the governor or other appropriate
51 authority of the state or jurisdiction in which such conviction
52 occurred, or the receipt of [either] a certificate of relief from disa-
53 bilities or a certificate of good conduct [from the board of parole]
54 pursuant to [the executive law] article twenty-three of the correction
55 law,
S. 6606--B 222 A. 9706--C
1 § 5. Paragraph (d) of subdivision 4 of section 129 of the agriculture
2 and markets law, as added by chapter 816 of the laws of 1974, is amended
3 to read as follows:
4 (d) The applicant or registrant, or an officer, director, partner or
5 holder of ten per centum or more of the voting stock of the applicant or
6 registrant, has been convicted of a felony by a court of the United
7 States or any state or territory thereof, without subsequent pardon by
8 the governor or other appropriate authority of the state or jurisdiction
9 in which such conviction occurred, or receipt of a certificate of relief
10 from disabilities or a certificate of good conduct [from the board of
11 parole] pursuant to article twenty-three of the correction law;
12 § 6. Paragraph (b) of subdivision 6 of section 369 of the banking law,
13 as amended by chapter 164 of the laws of 2003, is amended to read as
14 follows:
15 (b) is associating or consorting with any person who has, or persons
16 who have, been convicted of a crime or crimes in any jurisdiction or
17 jurisdictions; provided, however, that the superintendent shall not
18 issue such a license if he shall find that the applicant, or any person
19 who is a director, officer, partner, agent, employee or substantial
20 stockholder of the applicant, has been convicted of a felony in any
21 jurisdiction or of a crime which, if committed within this state, would
22 constitute a felony under the laws thereof. For the purposes of this
23 article, a person shall be deemed to have been convicted of a crime if
24 such person shall have pleaded guilty to a charge thereof before a court
25 or magistrate, or shall have been found guilty thereof by the decision
26 or judgment of a court or magistrate or by the verdict of a jury, irre-
27 spective of the pronouncement of sentence or the suspension thereof,
28 unless such plea of guilty, or such decision, judgment or verdict, shall
29 have been set aside, reversed or otherwise abrogated by lawful judicial
30 process or unless the person convicted of the crime shall have received
31 a pardon therefor from the president of the United States or the gover-
32 nor or other pardoning authority in the jurisdiction where the
33 conviction was had, or shall have received a certificate of relief from
34 disabilities or a certificate of good conduct [granted by the board of
35 parole] pursuant to [the provisions of the executive law] article twen-
36 ty-three of the correction law to remove the disability under this arti-
37 cle because of such conviction. The term "substantial stockholder," as
38 used in this subdivision, shall be deemed to refer to a person owning or
39 controlling ten per centum or more of the total outstanding stock of the
40 corporation in which such person is a stockholder. In making a determi-
41 nation pursuant to this subdivision, the superintendent shall require
42 fingerprinting of the applicant. Such fingerprints shall be submitted to
43 the division of criminal justice services for a state criminal history
44 record check, as defined in subdivision one of section three thousand
45 thirty-five of the education law, and may be submitted to the federal
46 bureau of investigation for a national criminal history record check.
47 § 7. Subdivision 4 of section 79-a of the civil rights law, as amended
48 by chapter 687 of the laws of 1973, is amended to read as follows:
49 4. This section shall not apply to a person sentenced to imprisonment
50 for an indeterminate term, having a minimum of one day and a maximum of
51 his natural life.
52 Nothing in this section shall be deemed to preclude the issuance of a
53 certificate of relief from disabilities or a certificate of good conduct
54 [by the board of parole] pursuant to article twenty-three of the
55 correction law to a person who previously has been sentenced to impri-
56 sonment for life.
S. 6606--B 223 A. 9706--C
1 § 8. Paragraph b of subdivision 5 of section 2018-a of the education
2 law, as amended by chapter 506 of the laws of 1991, is amended to read
3 as follows:
4 b. On the reverse side of such envelope shall be printed the following
5 statement:
6 STATEMENT OF ABSENTEE VOTER
7 I do declare that I am a citizen of the United States, and will be at
8 least eighteen years of age, on the date of the school district
9 election; that I will have been a resident of this state and of the
10 school district and school election district, if any, shown on the
11 reverse side of this envelope for thirty days next preceding the said
12 election and duly registered in the school district and school election
13 district, if any, shown on the reverse side of this envelope and that I
14 am or on such date will be, a qualified voter of said school district;
15 that I will be unable to appear personally on the day of said school
16 district election at the polling place of the said district in which I
17 am or will be a qualified voter because of the reason stated on my
18 application heretofore submitted; that I have not qualified, or do I
19 intend to vote, elsewhere than as set forth on the reverse side of this
20 envelope; that I have not received or offered, do not expect to receive,
21 have not paid, offered or promised to pay, contributed, offered or prom-
22 ised to contribute to another to be paid or used, any money or other
23 valuable thing, as a compensation or reward for the giving or withhold-
24 ing of a vote at this school district election, and have not made any
25 promise to influence the giving or withholding of any such votes; that I
26 have not made or become directly or indirectly interested in any bet or
27 wager depending upon the result of this school district election; and
28 that I have not been convicted of bribery or any infamous crime, or, if
29 so convicted, that I have been pardoned or restored to all the rights of
30 a citizen, without restriction as to the right of suffrage, or received
31 a certificate of relief from disabilities or a certificate of good
32 conduct [granted by the board of parole] pursuant to [the provisions of
33 the executive] article twenty-three of the correction law removing my
34 disability to register and vote.
35 I hereby declare that the foregoing is a true statement to the best of
36 my knowledge and belief, and I understand that if I make any material
37 false statement in the foregoing statement of absentee voter, I shall be
38 guilty of a misdemeanor.
39 Date.....................Signature of Voter ..........................
40 § 9. Paragraph b of subdivision 6 of section 2018-b of the education
41 law, as amended by chapter 46 of the laws of 1992, is amended to read as
42 follows:
43 b. On the reverse side of such envelope shall be printed the following
44 statement:
45 STATEMENT OF ABSENTEE VOTER
46 I do declare that I am a citizen of the United States, and will be at
47 least eighteen years of age on the date of the school district election;
48 that I will have been a resident of this state and of the school
49 district and school election district, if any, shown on the reverse side
50 of this envelope for thirty days next preceding the said election and
S. 6606--B 224 A. 9706--C
1 that I am or on such date will be, a qualified voter of said school
2 district; that I will be unable to appear personally on the day of said
3 school district election at the polling place of the said district in
4 which I am or will be a qualified voter because of the reason stated on
5 my application heretofore submitted; that I have not qualified, or do I
6 intend to vote, elsewhere than as set forth on the reverse side of this
7 envelope; that I have not received or offered, do not expect to receive,
8 have not paid, offered or promised to pay, contributed, offered or prom-
9 ised to contribute to another to be paid or used, any money or other
10 valuable thing, as a compensation or reward for the giving or withhold-
11 ing of a vote at this school district election, and have not made any
12 promise to influence the giving or withholding of any such votes; that I
13 have not made or become directly or indirectly interested in any bet or
14 wager depending upon the result of this school district election; and
15 that I have not been convicted of bribery [of] or any infamous crime,
16 or, if so convicted, that I have been pardoned or restored to all the
17 rights of a citizen, without restriction as to the right of suffrage, or
18 have received a certificate of relief from disabilities or a certificate
19 of good conduct [granted by the board of parole] pursuant to [the
20 provisions of the executive] article twenty-three of the correction law
21 removing my disability to vote.
22 I hereby declare that the foregoing is a true statement to the best of
23 my knowledge and belief, and I understand that if I make any material
24 false statement in the foregoing statement of absentee voter, I shall be
25 guilty of a misdemeanor.
26 Date....................Signature of Voter ...........................
27 § 10. Paragraph b of subdivision 5 of section 84-a of the town law, as
28 amended by chapter 281 of the laws of 1998, is amended to read as
29 follows:
30 b. On the reverse side of such envelope shall be printed the following
31 statement:
32 STATEMENT OF ABSENTEE VOTER
33 I do declare that I will have been a citizen of the United States for
34 thirty days, and will be at least eighteen years of age, on the date of
35 the special town election; that I will have been a resident of this
36 state and of the town shown on the reverse side of this envelope for
37 thirty days next preceding the said election; that I am or on such date
38 will be, a registered voter of said town; that I will be unable to
39 appear personally on the day of said special town election at the poll-
40 ing place of the election district in which I am or will be a qualified
41 voter because of the reason stated on my application heretofore submit-
42 ted; that I have not qualified, or do I intend to vote, elsewhere than
43 as set forth on the reverse side of this envelope; that I have not
44 received or offered, do not expect to receive, have not paid, offered or
45 promised to pay, contributed, offered or promised to contribute to
46 another to be paid or used, any money or other valuable thing, as a
47 compensation or reward for the giving or withholding of a vote at this
48 special town election, and have not made any promise to influence the
49 giving or withholding of any such votes; that I have not made or become
50 directly or indirectly interested in any bet or wager depending upon the
51 result of this special town election; and that I have not been convicted
52 of bribery or any infamous crime, or, if so convicted, that I have been
53 pardoned or restored to all the rights of a citizen, without restriction
S. 6606--B 225 A. 9706--C
1 as to the right of suffrage, or received a certificate of relief from
2 disabilities or a certificate of good conduct [granted by the board of
3 parole] pursuant to [the provisions of the executive] article twenty-
4 three of the correction law removing my disability to register and vote.
5 I hereby declare that the foregoing is a true statement to the best of
6 my knowledge and belief, and I understand that if I make any material
7 false statement in the foregoing statement of absentee voter, I shall be
8 guilty of a misdemeanor.
9 Date.............. Signature of Voter..................
10 § 11. Paragraph b of subdivision 5 of section 175-b of the town law,
11 as amended by chapter 401 of the laws of 1996, is amended to read as
12 follows:
13 b. On the reverse side of such envelope shall be printed the follow-
14 ing statement:
15 STATEMENT OF ABSENTEE VOTER
16 I do declare that I will have been a citizen of the United States for
17 thirty days, and will be at least eighteen years of age, on the date of
18 the district election; that I will have been a resident of this state
19 and of the district if any, shown on the reverse side of this envelope
20 for thirty days next preceding the said election and that I am or on
21 such date will be, a registered voter of said district; that I will be
22 unable to appear personally on the day of said district election at the
23 polling place of the said district in which I am or will be a qualified
24 voter because of the reason stated on my application heretofore submit-
25 ted; that I have not qualified, or do I intend to vote, elsewhere than
26 as set forth on the reverse side of this envelope; that I have not
27 received or offered, do not expect to receive, have not paid, offered or
28 promised to pay, contributed, offered or promised to contribute to
29 another to be paid or used, any money or other valuable thing, as a
30 compensation or reward for the giving or withholding of a vote at this
31 district election, and have not made any promise to influence the giving
32 or withholding of any such votes; that I have not made or become direct-
33 ly or indirectly interested in any bet or wager depending upon the
34 result of this district election; and that I have not been convicted of
35 bribery or any infamous crime, or, if so convicted, that I have been
36 pardoned or restored to all the rights of a citizen, without restriction
37 as to the right of suffrage, or received a certificate of relief from
38 disabilities or a certificate of good conduct [granted by the board of
39 parole] pursuant to [the provisions of the executive] article twenty-
40 three of the correction law removing my disability to register and vote.
41 I hereby declare that the foregoing is a true statement to the best of
42 my knowledge and belief, and I understand that if I make any material
43 false statement in the foregoing statement of absentee voter, I shall be
44 guilty of a misdemeanor.
45 Date..............Signature of Voter..................
46 § 12. Paragraph b of subdivision 5 of section 213-b of the town law,
47 as added by chapter 400 of the laws of 1985, is amended to read as
48 follows:
49 b. On the reverse side of such envelope shall be printed the follow-
50 ing statement:
51 STATEMENT OF ABSENTEE VOTER
52 I do declare that I will have been a citizen of the United States for
53 thirty days, and will be at least eighteen years of age, on the date of
54 the district election; that I will have been a resident of this state
55 and of the district if any, shown on the reverse side of this envelope
S. 6606--B 226 A. 9706--C
1 for thirty days next preceding the said election and that I am or on
2 such date will be, a registered voter of said district; that I will be
3 unable to appear personally on the day of said district election at the
4 polling place of the said district in which I am or will be a qualified
5 voter because of the reason stated on my application heretofore submit-
6 ted; that I have not qualified, or do I intend to vote, elsewhere than
7 as set forth on the reverse side of this envelope; that I have not
8 received or offered, do not expect to receive, have not paid, offered or
9 promised to pay, contributed, offered or promised to contribute to
10 another to be paid or used, any money or other valuable thing, as a
11 compensation or reward for the giving or withholding of a vote at this
12 district election, and have not made any promise to influence the giving
13 or withholding of any such votes; that I have not made or become direct-
14 ly or indirectly interested in any bet or wager depending upon the
15 result of this district election; and that I have not been convicted of
16 bribery or any infamous crime, or, if so convicted, that I have been
17 pardoned or restored to all the rights of a citizen, without restriction
18 as to the right of suffrage, or received a certificate of relief from
19 disabilities or a certificate of good conduct [granted by the board of
20 parole] pursuant to [the provisions of the executive] article twenty-
21 three of the correction law removing my disability to register and vote.
22 I hereby declare that the foregoing is a true statement to the best of
23 my knowledge and belief, and I understand that if I make any material
24 false statement in the foregoing statement of absentee voter, I shall be
25 guilty of a misdemeanor.
26 Date............. Signature of Voter ..............................
27 § 13. Paragraph (h) of subdivision 2 of section 74 of the general
28 business law, as amended by chapter 680 of the laws of 1967, is amended
29 to read as follows:
30 (h) violating section seven hundred forty-two, section seven hundred
31 forty-three, or section seven hundred forty-five of the said former
32 penal law, or violating any section contained in article two hundred
33 fifty of the penal law. Except as hereinafter in this subdivision
34 provided, no license shall be issued to any person whose license has
35 been previously revoked by the department of state or the authorities of
36 any other state or territory because of conviction of any of the
37 offenses specified in this section. The provisions of this subdivision
38 shall not prevent the issuance of a license to any person who, subse-
39 quent to his conviction, shall have received executive pardon therefor
40 removing this disability, or who has received a certificate of relief
41 from disabilities or a certificate of good conduct [granted by the board
42 of parole] pursuant to [the provisions of the executive] article twen-
43 ty-three of the correction law to remove the disability under this
44 section because of such conviction or previous license revocation occa-
45 sioned thereby.
46 § 14. Subdivision 1 of section 81 of the general business law, as
47 amended by chapter 562 of the laws of 2000, is amended to read as
48 follows:
49 1. The holder of any license certificate issued pursuant to this arti-
50 cle may employ to assist him in his work of private detective or inves-
51 tigator or bail enforcement agent as described in section seventy-one of
52 this article and in the conduct of such business as many persons as he
53 may deem necessary, and shall at all times during such employment be
54 legally responsible for the good conduct in the business of each and
55 every person so employed.
S. 6606--B 227 A. 9706--C
1 No holder of any unexpired license certificate issued pursuant to this
2 article shall knowingly employ in connection with his or its business in
3 any capacity whatsoever, any person who has been convicted of a felony
4 or any of the offenses specified in subdivision two of section seventy-
5 four of this [chapter] article, and who has not subsequent to such
6 conviction received executive pardon therefor removing this disability,
7 or received a certificate of relief from disabilities or a certificate
8 of good conduct [granted by the board of parole] pursuant to [the
9 provisions of the executive] article twenty-three of the correction law
10 to remove the disability under this section because of such a
11 conviction, or any person whose private detective or investigator's
12 license or bail enforcement agent's license was revoked or application
13 for such license was denied by the department of state or by the author-
14 ities of any other state or territory because of conviction of any of
15 such offenses. Should the holder of an unexpired license certificate
16 falsely state or represent that a person is or has been in his employ,
17 such false statement or misrepresentation shall be sufficient cause for
18 the revocation of such license. Any person falsely stating or represent-
19 ing that he is or has been a detective or employed by a detective agency
20 or that he is or has been a bail enforcement agent or employed by a bail
21 enforcement agency shall be guilty of a misdemeanor.
22 § 15. Paragraph (a) of subdivision 1 of section 191 of the general
23 municipal law, as amended by chapter 574 of the laws of 1978, is amended
24 to read as follows:
25 (a) Issuance of licenses to conduct games of chance. If such clerk or
26 department shall determine that the applicant is duly qualified to be
27 licensed to conduct games of chance under this article; that the member
28 or members of the applicant designated in the application to manage
29 games of chance are bona fide active members of the applicant and are
30 persons of good moral character and have never been convicted of a
31 crime, or, if convicted, have received a pardon, a certificate of good
32 conduct or a certificate of relief from disabilities pursuant to article
33 twenty-three of the correction law; that such games are to be conducted
34 in accordance with the provisions of this article and in accordance with
35 the rules and regulations of the board and applicable local laws or
36 ordinances and that the proceeds thereof are to be disposed of as
37 provided by this article, and if such clerk or department is satisfied
38 that no commission, salary, compensation, reward or recompense whatever
39 will be paid or given to any person managing, operating or assisting
40 therein except as in this article otherwise provided; it shall issue a
41 license to the applicant for the conduct of games of chance upon payment
42 of a license fee of twenty-five dollars for each license period.
43 § 16. Paragraph (a) of subdivision 9 of section 476 of the general
44 municipal law, as amended by chapter 1057 of the laws of 1965, is
45 amended to read as follows:
46 (a) a person convicted of a crime who has not received a pardon or a
47 certificate of good conduct or a certificate of relief from disabilities
48 pursuant to article twenty-three of the correction law;
49 § 17. Paragraph (a) of subdivision 1 of section 481 of the general
50 municipal law, as amended by chapter 328 of the laws of 1994, is amended
51 to read as follows:
52 (a) Issuance of licenses to conduct bingo. If the governing body of
53 the municipality shall determine that the applicant is duly qualified to
54 be licensed to conduct bingo under this article; that the member or
55 members of the applicant designated in the application to conduct bingo
56 are bona fide active members of the applicant and are persons of good
S. 6606--B 228 A. 9706--C
1 moral character and have never been convicted of a crime or, if
2 convicted, have received a pardon or a certificate of good conduct or a
3 certificate of relief from disabilities pursuant to article twenty-three
4 of the correction law; that such games are to be conducted in accordance
5 with the provisions of this article and in accordance with the rules and
6 regulations of the commission, and that the proceeds thereof are to be
7 disposed of as provided by this article, and if the governing body is
8 satisfied that no commission, salary, compensation, reward or recompense
9 whatever will be paid or given to any person holding, operating or
10 conducting or assisting in the holding, operation and conduct of any
11 such games except as in this article otherwise provided; and that no
12 prize will be offered and given in excess of the sum or value of one
13 thousand dollars in any single game and that the aggregate of all prizes
14 offered and given in all of such games conducted on a single occasion,
15 under said license shall not exceed the sum or value of three thousand
16 dollars, it shall issue a license to the applicant for the conduct of
17 bingo upon payment of a license fee of eighteen dollars and seventy-five
18 cents for each bingo occasion; provided, however, that the governing
19 body shall refuse to issue a license to an applicant seeking to conduct
20 bingo in premises of a licensed commercial lessor where it determines
21 that the premises presently owned or occupied by said applicant are in
22 every respect adequate and suitable for conducting bingo games.
23 § 18. Paragraph 4 of subsection (d) of section 2108 of the insurance
24 law is amended to read as follows:
25 (4) This subsection shall not prevent the employment of or the issu-
26 ance of a license to any person who, subsequent to his conviction, shall
27 have received executive pardon therefor removing this disability, or who
28 has received a certificate of relief from disabilities or a certificate
29 of good conduct [granted by the board of parole] pursuant to [the
30 provisions of the executive] article twenty-three of the correction law
31 to remove the disability under this section because of such conviction
32 or previous license revocation occasioned thereby.
33 § 19. Paragraph 1 of subsection (c) of section 4413 of the insurance
34 law is amended to read as follows:
35 (1) No person who has been convicted by a court of the United States
36 or by a court of any state or territory thereof of a felony, or of any
37 crime or offense involving fraudulent or dishonest practices, shall
38 serve, be appointed, designated or employed as a trustee, administrator,
39 officer, agent or employee of any employee welfare fund (other than an
40 employee performing non-discretionary clerical or building maintenance
41 duties exclusively) during or for five years after such conviction or
42 the suspension of sentence therefor or from the date of his unrevoked
43 release from custody by parole, commutation or termination of sentence,
44 whichever event occurs later, unless prior to the expiration of said
45 five year period the conviction is finally reversed by a court of compe-
46 tent jurisdiction or he has been pardoned therefor by the governor or
47 other appropriate authority of the state or jurisdiction in which he was
48 convicted or he has received a certificate of relief from disabilities
49 or a certificate of good conduct pursuant to the provisions of article
50 twenty-three of the correction law which specifically removes the disa-
51 bility herein provided.
52 § 20. Paragraph (a) of subdivision 5 of section 2806 of the public
53 health law, as amended by chapter 584 of the laws of 1983, is amended to
54 read as follows:
55 (a) Except as provided in paragraphs (b) and (d) of this subdivision,
56 anything contained in this section or in a certificate of relief from
S. 6606--B 229 A. 9706--C
1 disabilities or a certificate of good conduct issued pursuant to article
2 twenty-three of the correction law to the contrary notwithstanding, a
3 hospital operating certificate of a hospital under control of a control-
4 ling person as defined in paragraph (a) of subdivision twelve of section
5 twenty-eight hundred one-a of this [chapter] article, or under control
6 of any other entity, shall be revoked upon a finding by the department
7 that such controlling person or any individual, member of a partnership
8 or shareholder of a corporation to whom or to which an operating certif-
9 icate has been issued, has been convicted of a class A, B or C felony,
10 or a felony related in any way to any activity or program subject to the
11 regulations, supervision, or administration of the department or of the
12 [department of social services] office of temporary and disability
13 assistance or in violation of the public officers law in a court of
14 competent jurisdiction in the state, or of a crime outside the state
15 which, if committed within the state, would have been a class A, B or C
16 felony or a felony related in any way to any activity or program subject
17 to the regulations, supervision, or administration of the department or
18 of the [department of social services] office of temporary and disabili-
19 ty assistance or in violation of the public officers law.
20 § 21. Paragraph (c) of subdivision 2 of section 2897 of the public
21 health law, as added by chapter 569 of the laws of 1970, is amended to
22 read as follows:
23 (c) If a person convicted of a felony or crime deemed hereby to be a
24 felony is subsequently pardoned by the governor of the state where such
25 conviction was had, or by the president of the United States, or shall
26 receive a certificate of relief from disabilities or a certificate of
27 good conduct [granted by the board of parole] pursuant to [the
28 provisions of the executive] article twenty-three of the correction law
29 for the purpose of removing the disability under this section because of
30 such conviction, the board may, in its discretion, on application of
31 such person, and on the submission to it of satisfactory evidence,
32 restore to such person the right to practice nursing home administration
33 in this state.
34 § 22. Section 3454 of the public health law is amended to read as
35 follows:
36 § 3454. Restoration of licenses after conviction of a felony. If a
37 person convicted of a felony or crime deemed to be a felony is subse-
38 quently pardoned by the governor of the state where such conviction was
39 had or by the president of the United States, or shall receive a certif-
40 icate of relief from disabilities or a certificate of good conduct
41 [granted by the board of parole] pursuant to [the provisions of the
42 executive] article twenty-three of the correction law to remove the
43 disability under this section because of such conviction, the commis-
44 sioner may, in his discretion, on application of such person, and on the
45 submission to him of satisfactory evidence, restore to such person the
46 right to practice in this state.
47 § 23. The first undesignated paragraph of section 440-a of the real
48 property law, as amended by chapter 430 of the laws of 2008, is amended
49 to read as follows:
50 No person, co-partnership, limited liability company or corporation
51 shall engage in or follow the business or occupation of, or hold himself
52 or itself out or act temporarily or otherwise as a real estate broker or
53 real estate salesman in this state without first procuring a license
54 therefor as provided in this article. No person shall be entitled to a
55 license as a real estate broker under this article, either as an indi-
56 vidual or as a member of a co-partnership, or as a member or manager of
S. 6606--B 230 A. 9706--C
1 a limited liability company or as an officer of a corporation, unless he
2 or she is twenty years of age or over, a citizen of the United States or
3 an alien lawfully admitted for permanent residence in the United States.
4 No person shall be entitled to a license as a real estate salesman under
5 this article unless he or she is over the age of eighteen years. No
6 person shall be entitled to a license as a real estate broker or real
7 estate salesman under this article who has been convicted in this state
8 or elsewhere of a felony, of a sex offense, as defined in subdivision
9 two of section one hundred sixty-eight-a of the correction law or any
10 offense committed outside of this state which would constitute a sex
11 offense, or a sexually violent offense, as defined in subdivision three
12 of section one hundred sixty-eight-a of the correction law or any
13 offense committed outside this state which would constitute a sexually
14 violent offense, and who has not subsequent to such conviction received
15 executive pardon therefor or a certificate of relief from disabilities
16 or a certificate of good conduct [from the parole board] pursuant to
17 article twenty-three of the correction law, to remove the disability
18 under this section because of such conviction. No person shall be enti-
19 tled to a license as a real estate broker or real estate salesman under
20 this article who does not meet the requirements of section 3-503 of the
21 general obligations law.
22 § 24. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
23 amended by chapter 276 of the laws of 1986, is amended to read as
24 follows:
25 (c) If a person convicted of a felony or crime deemed hereby to be a
26 felony is subsequently pardoned by the governor of the state where such
27 conviction was had, or by the president of the United States, or shall
28 receive a certificate of relief from disabilities or a certificate of
29 good conduct [granted by the board of parole] pursuant to [the
30 provisions of the executive] article twenty-three of the correction law
31 for the purpose of removing the disability under this section because of
32 such conviction, the tax commission may, in its discretion, on applica-
33 tion of such person and compliance with subdivision two of this section,
34 and on the submission to it of satisfactory evidence of good moral char-
35 acter and suitability, again register such person as a distributor under
36 this article.
37 § 25. Paragraph (a) of subdivision 1 of section 509-c of the vehicle
38 and traffic law, as amended by chapter 360 of the laws of 1986, is
39 amended to read as follows:
40 (a) permanently, if that person has been convicted of or forfeited
41 bond or collateral which forfeiture order has not been vacated or the
42 subject of an order of remission upon a violation of section 130.30,
43 130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
44 offense committed under a former section of the penal law which would
45 constitute a violation of the aforesaid sections of the penal law or any
46 offense committed outside of this state which would constitute a
47 violation of the aforesaid sections of the penal law, provided, however,
48 the provisions of this paragraph shall not apply to convictions, suspen-
49 sions or revocations or forfeitures of bonds for collateral upon any of
50 the charges listed in this paragraph for violations which occurred prior
51 to September first, nineteen hundred seventy-four committed by a person
52 employed as a bus driver on September first, nineteen hundred seventy-
53 four. However, such disqualification may be waived provided that five
54 years have expired since the applicant was discharged or released from a
55 sentence of imprisonment imposed pursuant to conviction of an offense
56 that requires disqualification under this paragraph and that the appli-
S. 6606--B 231 A. 9706--C
1 cant shall have been granted a certificate of relief from disabilities
2 [as provided for in section seven hundred one] or a certificate of good
3 conduct pursuant to article twenty-three of the correction law.
4 § 26. Paragraph (a) of subdivision 2 of section 509-c of the vehicle
5 and traffic law, as added by chapter 675 of the laws of 1985, is amended
6 to read as follows:
7 (a) permanently, if that person has been convicted of or forfeited
8 bond or collateral which forfeiture order has not been vacated or the
9 subject of an order of remission upon a violation committed prior to
10 September fifteenth, nineteen hundred eighty-five, of section 130.30,
11 130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
12 offense committed under a former section of the penal law which would
13 constitute a violation of the aforesaid sections of the penal law or any
14 offense committed outside of this state which would constitute a
15 violation of the aforesaid sections of the penal law. However, such
16 disqualification may be waived provided that five years have expired
17 since the applicant was discharged or released from a sentence of impri-
18 sonment imposed pursuant to conviction of an offense that requires
19 disqualification under this paragraph and that the applicant shall have
20 been granted a certificate of relief from disabilities [as provided for
21 in section seven hundred one] or a certificate of good conduct pursuant
22 to article twenty-three of the correction law.
23 § 27. Subparagraphs (i), (ii) and (iii) of paragraph (a) and subpara-
24 graph (i) of paragraph (b) of subdivision 1 of section 509-cc of the
25 vehicle and traffic law, as added by chapter 675 of the laws of 1985,
26 are amended to read as follows:
27 (i) has been convicted of or forfeited bond or collateral which
28 forfeiture order has not been vacated or the subject of an order of
29 remission upon a violation committed prior to September fifteenth, nine-
30 teen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50,
31 130.60, or 130.65 of the penal law, or an offense committed under a
32 former section of the penal law which would constitute a violation of
33 the aforesaid sections of the penal law or any offense committed outside
34 of this state which would constitute a violation of the aforesaid
35 sections of the penal law, provided, however, the provisions of this
36 subparagraph shall not apply to convictions, suspensions or revocations
37 or forfeitures of bonds for collateral upon any of the charges listed in
38 this subparagraph for violations which occurred prior to September
39 first, nineteen hundred seventy-four committed by a person employed as a
40 bus driver on September first, nineteen hundred seventy-four. However,
41 such disqualification may be waived provided that five years have
42 expired since the applicant was discharged or released from a sentence
43 of imprisonment imposed pursuant to conviction of an offense that
44 requires disqualification under this paragraph and that the applicant
45 shall have been granted a certificate of relief from disabilities [as
46 provided for in section seven hundred one] or a certificate of good
47 conduct pursuant to article twenty-three of the correction law. When the
48 certificate is issued by a court for a conviction which occurred in this
49 state, it shall only be issued by the court having jurisdiction over
50 such conviction. Such certificate shall specifically indicate that the
51 authority granting such certificate has considered the bearing, if any,
52 the criminal offense or offenses for which the person was convicted will
53 have on the applicant's fitness or ability to operate a bus transporting
54 school children to the applicant's prospective employment, prior to
55 granting such a certificate; or
S. 6606--B 232 A. 9706--C
1 (ii) has been convicted of an offense listed in paragraph (a) of
2 subdivision four of this section that was committed on or after Septem-
3 ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
4 tion may be waived by the commissioner provided that five years have
5 expired since the applicant was discharged or released from a sentence
6 of imprisonment imposed pursuant to conviction of an offense that
7 requires disqualification under this paragraph and that the applicant
8 shall have been granted a certificate of relief from disabilities [as
9 provided for in section seven hundred one] or a certificate of good
10 conduct pursuant to article twenty-three of the correction law. When the
11 certificate is issued by a court for a conviction which occurred in this
12 state, it shall only be issued by the court having jurisdiction over
13 such conviction. Such certificate shall specifically indicate that the
14 authority granting such certificate has considered the bearing, if any,
15 the criminal offense or offenses for which the person was convicted will
16 have on the applicant's fitness or ability to operate a bus transporting
17 school children, prior to granting such a certificate; or
18 (iii) has been convicted of an offense listed in paragraph (b) of
19 subdivision four of this section that was committed on or after Septem-
20 ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
21 tion shall be waived provided that five years have expired since the
22 applicant discharged or released from a sentence of imprisonment imposed
23 pursuant to conviction of an offense that requires disqualification
24 under this paragraph and that the applicant shall have been granted a
25 certificate of relief from disabilities [as provided for in section
26 seven hundred one] or a certificate of good conduct pursuant to article
27 twenty-three of the correction law. When the certificate is issued by a
28 court for a conviction which occurred in this state, it shall only be
29 issued by the court having jurisdiction over such conviction. Such
30 certificate shall specifically indicate that the authority granting such
31 certificate has considered the bearing, if any, the criminal offense or
32 offenses for which the person was convicted will have on the applicant's
33 fitness or ability to operate a bus transporting school children, prior
34 to granting such a certificate. Provided, however, that at the
35 discretion of the commissioner, the certificate of relief from disabili-
36 ties may remove disqualification at any time; or
37 (i) has been convicted within the preceding five years of an offense
38 listed in paragraph (c) of subdivision four of this section that was
39 committed on or after September fifteenth, nineteen hundred eighty-five.
40 However, such disqualification shall be waived provided that the appli-
41 cant has been granted a certificate of relief from disabilities [as
42 provided for in section seven hundred one] or a certificate of good
43 conduct pursuant to article twenty-three of the correction law. When the
44 certificate is issued by a court for a conviction which occurred in this
45 state, it shall only be issued by the court having jurisdiction over
46 such conviction. Such certificate shall specifically indicate that the
47 authority granting such certificate has considered the bearing, if any,
48 the criminal offense or offenses for which the person was convicted will
49 have on the applicant's fitness or ability to operate a bus transporting
50 school children, prior to granting such a certificate;
51 § 28. Paragraphs (a) and (b) and subparagraph (i) of paragraph (c) of
52 subdivision 2 of section 509-cc of the vehicle and traffic law, para-
53 graph (a) and subparagraph (i) of paragraph (c) as added by chapter 675
54 of the laws of 1985 and paragraph (b) as amended by chapter 360 of the
55 laws of 1986, are amended to read as follows:
S. 6606--B 233 A. 9706--C
1 (a) permanently, if that person has been convicted of an offense list-
2 ed in paragraph (a) of subdivision four of this section. However, such
3 disqualification may be waived by the commissioner provided that five
4 years have expired since the applicant was discharged or released from a
5 sentence of imprisonment imposed pursuant to conviction of an offense
6 that requires disqualification under this paragraph and that the appli-
7 cant shall have been granted a certificate of relief from disabilities
8 [as provided for in section seven hundred one] or a certificate of good
9 conduct pursuant to article twenty-three of the correction law. When the
10 certificate is issued by a court for a conviction which occurred in this
11 state, it shall only be issued by the court having jurisdiction over
12 such conviction. Such certificate shall specifically indicate that the
13 authority granting such certificate has considered the bearing, if any,
14 the criminal offense or offenses for which the person was convicted will
15 have on the applicant's fitness or ability to operate a bus transporting
16 school children to the applicant's prospective employment, prior to
17 granting such a certificate.
18 (b) permanently, if that person has been convicted of an offense list-
19 ed in paragraph (b) of subdivision four of this section. However, such
20 disqualification shall be waived provided that five years have expired
21 since the applicant was incarcerated pursuant to a sentence of imprison-
22 ment imposed on conviction of an offense that requires disqualification
23 under this paragraph and that the applicant shall have been granted a
24 certificate of relief from disabilities [as provided for in section
25 seven hundred one] or a certificate of good conduct pursuant to article
26 twenty-three of the correction law. When the certificate is issued by a
27 court for a conviction which occurred in this state, it shall only be
28 issued by the court having jurisdiction over such conviction. Such
29 certificate shall specifically indicate that the authority granting such
30 certificate has considered the bearing, if any, the criminal offense or
31 offenses for which the person was convicted will have on the applicant's
32 fitness or ability to operate a bus transporting school children, prior
33 to granting such a certificate. Provided, however, that at the
34 discretion of the commissioner the certificate of relief from disabili-
35 ties or a certificate of good conduct pursuant to article twenty-three
36 of the correction law may remove disqualification at any time.
37 (i) has been convicted within the preceding five years of an offense
38 listed in paragraph (c) of subdivision four of this section. However,
39 notwithstanding the provisions of subdivision three of section seven
40 hundred one of the correction law. Such disqualification shall be waived
41 provided that the applicant has been granted a certificate of relief
42 from disabilities [as provided for in section seven hundred one-g] or a
43 certificate of good conduct pursuant to article twenty-three of the
44 correction law. When the certificate is issued by a court for a
45 conviction which occurred in this state, it shall only be issued by the
46 court having jurisdiction over such conviction. Such certificate shall
47 specifically indicate that the authority granting such certificate has
48 considered the bearing, if any, the criminal offense or offenses for
49 which the person was convicted will have on the applicant's fitness or
50 ability to operate a bus transporting school children, prior to granting
51 such a certificate.
52 § 29. Subparagraph (iii) of paragraph d of subdivision 6 of section
53 510 of the vehicle and traffic law, as added by chapter 173 of the laws
54 of 1990, is amended to read as follows:
55 (iii) after such documentation, if required, is accepted, that such
56 person is granted a certificate of relief from disabilities [as provided
S. 6606--B 234 A. 9706--C
1 for in section seven hundred one] or a certificate of good conduct
2 pursuant to article twenty-three of the correction law by the court in
3 which such person was last penalized.
4 § 30. Subparagraph (iii) of paragraph (c) of subdivision 2 of section
5 510-a of the vehicle and traffic law, as amended by section 13 of part E
6 of chapter 60 of the laws of 2005, is amended to read as follows:
7 (iii) after such documentation, if required, is accepted, that such
8 person is granted a certificate of relief from disabilities [as provided
9 for in section seven hundred one] or a certificate of good conduct
10 pursuant to article twenty-three of the correction law by the court in
11 which such person was last penalized.
12 § 31. Subdivision 5 of section 530 of the vehicle and traffic law, as
13 amended by section 15 of part E of chapter 60 of the laws of 2005, is
14 amended to read as follows:
15 (5) A restricted use license or privilege shall be valid for the oper-
16 ation of any motor vehicle, except a vehicle for hire as a taxicab,
17 livery, coach, limousine, van or wheelchair accessible van or tow truck
18 as defined in this chapter subject to the conditions set forth herein,
19 which the holder would otherwise be entitled to operate had his drivers
20 license or privilege not been suspended or revoked. Notwithstanding
21 anything to the contrary in a certificate of relief from disabilities or
22 a certificate of good conduct issued pursuant to article twenty-three of
23 the correction law, a restricted use license shall not be valid for the
24 operation of a commercial motor vehicle. A restricted use license shall
25 not be valid for the operation of a vehicle for hire as a taxicab,
26 livery, coach, limousine, van or wheelchair accessible van or tow truck
27 where the holder thereof had his or her drivers license suspended or
28 revoked and (i) such suspension or revocation is mandatory pursuant to
29 the provisions of subdivision two or two-a of section five hundred ten
30 of this title; or (ii) any such suspension is permissive for habitual or
31 persistent violations of this chapter or any local law relating to traf-
32 fic as set forth in paragraph d or i of subdivision three of section
33 five hundred ten of this title; or (iii) any such suspension is permis-
34 sive and has been imposed by a magistrate, justice or judge of any city,
35 town or village, any supreme court justice, any county judge, or judge
36 of a district court. Except for a commercial motor vehicle as defined in
37 subdivision four of section five hundred one-a of this title, the
38 restrictions on types of vehicles which may be operated with a
39 restricted license contained in this subdivision shall not be applicable
40 to a restricted license issued to a person whose license has been
41 suspended pursuant to paragraph three of subdivision four-e of section
42 five hundred ten of this [chapter] title.
43 § 32. Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of
44 subdivision 2 of section 1193 of the vehicle and traffic law, as added
45 by chapter 732 of the laws of 2006, is amended to read as follows:
46 (ii) that such person is granted a certificate of relief from disabil-
47 ities [as provided for in section seven hundred one of the correction
48 law by the court in which such person was last sentenced] or a certif-
49 icate of good conduct pursuant to article twenty-three of the correction
50 law.
51 Provided, however, that the commissioner may, on a case by case basis,
52 refuse to restore a license which otherwise would be restored pursuant
53 to this item, in the interest of the public safety and welfare.
54 § 33. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of
55 subdivision 2 of section 1193 of the vehicle and traffic law, as added
56 by chapter 732 of the laws of 2006, is amended to read as follows:
S. 6606--B 235 A. 9706--C
1 (iii) after such documentation is accepted, that such person is grant-
2 ed a certificate of relief from disabilities [as provided for in section
3 seven hundred one of the correction law by the court in which such
4 person was last sentenced] or a certificate of good conduct pursuant to
5 article twenty-three of the correction law.
6 § 34. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
7 of the vehicle and traffic law, as amended by chapter 173 of the laws of
8 1990, is amended to read as follows:
9 (1) Notwithstanding anything to the contrary contained in a certif-
10 icate of relief from disabilities or a certificate of good conduct
11 issued pursuant to article twenty-three of the correction law, where a
12 suspension or revocation, other than a revocation required to be issued
13 by the commissioner, is mandatory pursuant to paragraph (a) or (b) of
14 this subdivision, the magistrate, justice or judge shall issue an order
15 suspending or revoking such license upon sentencing, and the license
16 holder shall surrender such license to the court. Except as hereinafter
17 provided, such suspension or revocation shall take effect immediately.
18 § 35. Item (iii) of clause a of subparagraph 3 of paragraph (e) of
19 subdivision 2 of section 1193 of the vehicle and traffic law, as amended
20 by chapter 173 of the laws of 1990, is amended to read as follows:
21 (iii) after such documentation is accepted, that such person is grant-
22 ed a certificate of relief from disabilities [as provided for in section
23 seven hundred one of the correction law by the court in which such
24 person was last penalized pursuant to paragraph (d) of subdivision one
25 of this section] or a certificate of good conduct pursuant to article
26 twenty-three of the correction law.
27 § 36. Item (iii) of clause b of subparagraph 3 of paragraph (e) of
28 subdivision 2 of section 1193 of the vehicle and traffic law, as amended
29 by section 17 of part E of chapter 60 of the laws of 2005, is amended to
30 read as follows:
31 (iii) after such documentation is accepted, that such person is grant-
32 ed a certificate of relief from disabilities [as provided for in section
33 seven hundred one of the correction law by the court in which such
34 person was last penalized pursuant to paragraph (d) of subdivision one
35 of this section] or a certificate of good conduct pursuant to article
36 twenty-three of the correction law.
37 § 37. Item (iii) of clause c of subparagraph 1 of paragraph (d) of
38 subdivision 2 of section 1194 of the vehicle and traffic law, as amended
39 by chapter 732 of the laws of 2006, is amended to read as follows:
40 (iii) after such documentation is accepted, that such person is grant-
41 ed a certificate of relief from disabilities [as provided for in section
42 seven hundred one] or a certificate of good conduct pursuant to article
43 twenty-three of the correction law by the court in which such person was
44 last penalized.
45 § 38. Paragraph (g) of subdivision 7 of section 1196 of the vehicle
46 and traffic law, as amended by section 19 of part E of chapter 60 of the
47 laws of 2005, is amended to read as follows:
48 (g) Notwithstanding anything to the contrary contained in a certif-
49 icate of relief from disabilities or a certificate of good conduct
50 issued pursuant to article twenty-three of the correction law, any
51 conditional license or privilege issued to a person convicted of a
52 violation of any subdivision of section eleven hundred ninety-two of
53 this article shall not be valid for the operation of any commercial
54 motor vehicle. In addition, no such conditional license or privilege
55 shall be valid for the operation of a taxicab as defined in this chap-
56 ter.
S. 6606--B 236 A. 9706--C
1 § 39. This act shall take effect immediately, provided, however, that
2 the amendments to subdivision (5) of section 530 of the vehicle and
3 traffic law made by section thirty-one of this act shall not affect the
4 expiration of such subdivision and shall be deemed to expire therewith.
5 PART MM
6 Section 1. Section 79-b of the correction law, as amended by section 2
7 of part D of chapter 63 of the laws of 2005, is amended to read as
8 follows:
9 § 79-b. Adaptive reuse plan for consideration prior to prison closure.
10 Not later than six months prior to the effective date of closure of a
11 correctional facility, the commissioner of economic development shall,
12 in consultation with the commissioner, the commissioners of [economic
13 development,] civil service, general services and the division of crimi-
14 nal justice services [and], the director of the governor's office of
15 employee relations, officials of all local governments of any political
16 subdivision in which the correctional facility is located and any other
17 appropriate state agencies or authorities, provide a report for an adap-
18 tive reuse plan for any facility slated for closure which will evaluate
19 the community impact of the proposed closure including but not limited
20 to the following factors: the potential to utilize the property for
21 another state government purpose, including for a new purpose as part of
22 the state criminal justice system; potential for the sale or transfer of
23 the property to a local government or other governmental entity; poten-
24 tial for the sale of the property to a private entity for development
25 into a business, residential or other purpose; community input for local
26 development; and the condition of the facility and the investments
27 required to keep the structure in good repair, or to make it viable for
28 reuse.
29 § 2. This act shall take effect immediately.
30 PART NN
31 Section 1. Section 677 of the county law is amended by adding a new
32 subdivision 9 to read as follows:
33 9. When required for official purposes of the state department of
34 health, the state commissioner of health or his or her designee may
35 request copies of all reports and records related to a death, including,
36 but not limited to, autopsy reports and toxicology reports. Upon receipt
37 of the written request of the state commissioner of health or his or her
38 designee, a coroner, coroner's physician or medical examiner, shall,
39 within three business days of their completion, provide to such commis-
40 sioner or his or her designee a copy of all reports and records, includ-
41 ing, but not limited to, autopsy reports and toxicology reports related
42 to the death.
43 § 2. This act shall take effect immediately.
44 PART OO
45 Section 1. Subdivision 2 of section 102 of the alcoholic beverage
46 control law, as amended by chapter 340 of the laws of 1972, is amended
47 to read as follows:
48 2. No person holding any license hereunder, other than a license to
49 sell an alcoholic beverage at retail for off-premises consumption or a
50 license or special license to sell an alcoholic beverage at retail for
S. 6606--B 237 A. 9706--C
1 consumption on the premises where such license authorizes the sale of
2 liquor, beer and/or wine on the premises of a catering establishment,
3 hotel, restaurant, club, or recreational facility, shall knowingly
4 employ in connection with his business in any capacity whatsoever, any
5 person, who has been convicted of a felony, or any of the following
6 offenses, who has not subsequent to such conviction received an execu-
7 tive pardon therefor removing any civil disabilities incurred thereby, a
8 certificate of good conduct or other relief from disabilities provided
9 by law, or the written approval of the state liquor authority permitting
10 such employment, to wit:
11 (a) Illegally using, carrying or possessing a pistol or other danger-
12 ous weapon;
13 (b) Making or possessing burglar's instruments;
14 (c) Buying or receiving or criminally possessing stolen property;
15 (d) Unlawful entry of a building;
16 (e) Aiding escape from prison;
17 (f) Unlawfully possessing or distributing habit forming narcotic
18 drugs;
19 (g) Violating subdivisions six, eight, ten or eleven of section seven
20 hundred twenty-two of the former penal law as in force and effect imme-
21 diately prior to September first, nineteen hundred sixty-seven, or
22 violating sections 165.25, 165.30 or subdivision three of section 240.35
23 of the penal law;
24 (h) Vagrancy or prostitution; or
25 (i) Ownership, operation, possession, custody or control of a still
26 subsequent to July first, nineteen hundred fifty-four.
27 If, as hereinabove provided, the state liquor authority issues its
28 written approval for the employment by a licensee, in a specified capac-
29 ity, of a person previously convicted of a felony or any of the offenses
30 above enumerated, such person, may, unless he is subsequently convicted
31 of a felony or any of such offenses, thereafter be employed in the same
32 capacity by any other licensee without the further written approval of
33 the authority unless the prior approval given by the authority is termi-
34 nated.
35 The liquor authority may make such rules as it deems necessary to
36 carry out the purpose and intent of this subdivision.
37 As used in this subdivision, "recreational facility" shall mean: (i)
38 premises that are part of a facility the principal business of which
39 shall be the providing of recreation in the form of golf, tennis, swim-
40 ming, skiing or boating; and (ii) premises in which the principal busi-
41 ness shall be the operation of a theatre, concert hall, opera house,
42 bowling establishment, excursion and sightseeing vessel, or accommo-
43 dation of athletic events, sporting events, expositions and other simi-
44 lar events or occasions requiring the accommodation of large gatherings
45 of persons.
46 § 2. The correction law is amended by adding a new section 9 to read
47 as follows:
48 § 9. Access to inmate information via the internet. Notwithstanding
49 any provision of law to the contrary, any information relating to the
50 conviction of a person, except for a person convicted of an offense that
51 would make such person ineligible for merit time under section eight
52 hundred three of this chapter or an offense for which registration as a
53 sex offender is required as set forth in subdivision two or three of
54 section one hundred sixty-eight-a of this chapter, that is posted on a
55 website maintained by or for the department, under article six of the
56 public officers law, may be posted on such website for a period not to
S. 6606--B 238 A. 9706--C
1 exceed five years after the expiration of such person's sentence of
2 imprisonment and any period of parole or post-release supervision;
3 provided, however, that in the case of a person who has been committed
4 to the department on more than one occasion, the department may post
5 conviction information relating to any prior commitment on such website
6 for a period not to exceed five years after the expiration of such
7 person's sentence of imprisonment and any period of parole or post-re-
8 lease supervision arising from the most recent commitment to the depart-
9 ment.
10 § 3. Section 703 of the correction law is amended by adding a new
11 subdivision 7 to read as follows:
12 7. Presumption based on federal recommendation. Where a certificate of
13 relief from disabilities is sought pursuant to paragraph (b) of subdivi-
14 sion one of this section on a judgment of conviction rendered by a
15 federal district court in this state and the board of parole is in
16 receipt of a written recommendation in favor of the issuance of such
17 certificate from the chief probation officer of the district, the board
18 shall issue the requested certificate unless it finds that the require-
19 ments of paragraphs (a), (b) and (c) of subdivision three of this
20 section have not been satisfied; or that the interests of justice would
21 not be advanced by the issuance of the certificate.
22 § 4. Section 837 of the executive law is amended by adding a new
23 subdivision 6-a to read as follows:
24 6-a. Upon request, provide an inmate of the state or local correction-
25 al facility, at no charge, with a copy of all criminal history informa-
26 tion maintained on file by the division pertaining to such inmate.
27 § 5. Paragraph (a) of subdivision 2 of section 390.50 of the criminal
28 procedure law, as amended by chapter 14 of the laws of 1985, is amended
29 to read as follows:
30 (a) Not less than one court day prior to sentencing, unless such time
31 requirement is waived by the parties, the pre-sentence report or memo-
32 randum shall be made available by the court for examination and for
33 copying by the defendant's attorney, the defendant himself, if he has no
34 attorney, and the prosecutor. In its discretion, the court may except
35 from disclosure a part or parts of the report or memoranda which are not
36 relevant to a proper sentence, or a diagnostic opinion which might seri-
37 ously disrupt a program of rehabilitation, or sources of information
38 which have been obtained on a promise of confidentiality, or any other
39 portion thereof, disclosure of which would not be in the interest of
40 justice. In all cases where a part or parts of the report or memoranda
41 are not disclosed, the court shall state for the record that a part or
42 parts of the report or memoranda have been excepted and the reasons for
43 its action. The action of the court excepting information from disclo-
44 sure shall be subject to appellate review. The pre-sentence report shall
45 be made available by the court for examination and copying in connection
46 with any appeal in the case, including an appeal under this subdivision.
47 Upon written request, the court shall make a copy of the presentence
48 report, other than a part or parts of the report redacted by the court
49 pursuant to this paragraph, available to the defendant for use before
50 the parole board for release consideration or an appeal of a parole
51 board determination. In his or her written request to the court the
52 defendant shall affirm that he or she anticipates an appearance before
53 the parole board or intends to file an administrative appeal of a parole
54 board determination. The court shall respond to the defendant's written
55 request within twenty days from receipt of the defendant's written
56 request.
S. 6606--B 239 A. 9706--C
1 § 6. Subdivision 4 of section 4174 of the public health law, as sepa-
2 rately amended by chapters 409 and 698 of the laws of 1978, is amended
3 to read as follows:
4 4. No fee shall be charged for a search, certification, certificate,
5 certified copy or certified transcript of a record to be used for school
6 entrance, employment certificate or for purposes of public relief or
7 when required by the veterans administration to be used in determining
8 the eligibility of any person to participate in the benefits made avail-
9 able by the veterans administration or when required by a board of
10 elections for the purposes of determining voter eligibility or when
11 requested by the department of correctional services or a local correc-
12 tional facility as defined in subdivision sixteen of section two of the
13 correction law for the purpose of providing a certified copy or certi-
14 fied transcript of birth to an inmate in anticipation of such inmate's
15 release from custody or when requested by the office of children and
16 family services or an authorized agency for the purpose of providing a
17 certified copy or certified transcript of birth to a youth placed in the
18 custody of the local commissioner of social services or the custody of
19 the office of children and family services pursuant to article three of
20 the family court act in anticipation of such youth's discharge from
21 placement.
22 § 7. Section 4179 of the public health law, as added by chapter 414 of
23 the laws of 1990, is amended to read as follows:
24 § 4179. Vital records; fees; city of New York. Notwithstanding the
25 provisions of paragraph one of subdivision a of section 207.13 of the
26 health code of the city of New York, the department of health shall
27 charge, and the applicant shall pay, for a search of two consecutive
28 calendar years under one name and the issuance of a certificate of
29 birth, death or termination of pregnancy, or a certification of birth or
30 death, or a certification that the record cannot be found, a fee of
31 fifteen dollars for each copy. Provided, however, that no such fee
32 shall be charged when the department of correctional services or a local
33 correctional facility as defined in subdivision sixteen of section two
34 of the correction law requests a certificate of birth or certification
35 of birth for the purpose of providing such certificate of birth or
36 certification of birth to an inmate in anticipation of such inmate's
37 release from custody or when the office of children and family services
38 or an authorized agency requests a certified copy or certified tran-
39 script of birth for a youth placed in the custody of the local commis-
40 sioner of social services or the custody of the office of children and
41 family services pursuant to article three of the family court act for
42 the purpose of providing such certified copy or certified transcript of
43 birth to such youth in anticipation of discharge from placement.
44 § 8. The correction law is amended by adding a new section 75 to read
45 as follows:
46 § 75. Notice of voting rights. Upon the discharge from a correctional
47 facility of any person whose maximum sentence of imprisonment has
48 expired, the department shall notify such person of his or her right to
49 vote and provide such person with a form of application for voter regis-
50 tration together with written information distributed by the board of
51 elections on the importance and the mechanics of voting.
52 § 9. The executive law is amended by adding a new section 259-jj to
53 read as follows:
54 § 259-jj. Voting rights upon discharge. Upon discharge of a person
55 from presumptive release, parole, or conditional release, or upon the
56 expiration of a person's maximum sentence of imprisonment while under
S. 6606--B 240 A. 9706--C
1 the supervision of the division of parole, the division of parole shall
2 notify such person of his or her right to vote, provide such person with
3 a form of application for voter registration together with written
4 information distributed by the board of elections on the importance and
5 the mechanics of voting.
6 § 10. Subdivision 16 of section 3-102 of the election law, as added by
7 chapter 23 of the laws of 2005, is amended and a new subdivision 16-a is
8 added to read as follows:
9 16. administer the administrative complaint procedure as provided for
10 in section 3-105 of this article[.];
11 16-a. provide the department of correctional services and the division
12 of parole with a sufficient number of voter registration forms to allow
13 the department of correctional services and the division of parole to
14 comply with the duty to provide such voter registration forms to persons
15 upon the expiration of their maximum sentence of imprisonment. Such
16 voter registration forms shall be addressed to the state board of
17 elections.
18 § 11. This act shall take effect on the thirtieth day after it shall
19 have become a law.
20 PART PP
21 Section 1. Paragraph a of subdivision 1 of section 8 of section 2 of
22 chapter 868 of the laws of 1975, constituting the New York state finan-
23 cial emergency act for the city of New York, as amended by chapter 777
24 of the laws of 1978, is amended to read as follows:
25 a. For its fiscal years ending June thirtieth, nineteen hundred seven-
26 ty-nine through June thirtieth, nineteen hundred eighty-one, the city's
27 budget covering all expenditures other than capital items shall be
28 prepared and balanced so that the results thereof would not show a defi-
29 cit when reported in accordance with the accounting principles set forth
30 in the state comptroller's uniform system of accounts for munici-
31 palities, as the same may be modified by the comptroller, in consulta-
32 tion with the city comptroller, for application to the city; subject to
33 the provision of subdivision four of section three thousand thirty-eight
34 of the public authorities law with respect to contributions by the city
35 or other public employer to any retirement system or pension fund and
36 subject to the provision of paragraph (c) of subdivision five of section
37 three thousand thirty-eight of the public authorities law with respect
38 to expense items included in the capital budget of the city. For the
39 fiscal year ending June thirtieth, nineteen hundred eighty-two, and for
40 each fiscal year thereafter, the city's budget covering all expenditures
41 other than capital items shall be prepared and balanced so that the
42 results thereof would not show a deficit when reported in accordance
43 with generally accepted accounting principles and [that] would permit
44 comparison of the budget with the report of actual financial results
45 prepared in accordance with generally accepted accounting principles.
46 With respect to financial plans that include the fiscal years ending
47 June thirtieth, nineteen hundred seventy-nine through June thirtieth,
48 nineteen hundred eighty-one, the city's budget covering all expenditures
49 other than capital items shall be prepared in accordance with generally
50 accepted accounting principles and there shall be substantial progress
51 in each such fiscal year towards achieving a city budget covering all
52 expenditures other than capital items the results of which would not
53 show a deficit when reported in accordance with generally accepted
54 accounting principles. The city shall eliminate expense items from its
55 capital budget not later than the commencement of the fiscal year ending
S. 6606--B 241 A. 9706--C
1 June thirtieth, nineteen hundred eighty-two. For the fiscal year ending
2 June thirtieth, nineteen hundred eighty-nine, and for each fiscal year
3 thereafter, the budgets covering all expenditures other than capital
4 items of each of the covered organizations shall be prepared and
5 balanced so that the results thereof would not show a deficit when
6 reported in accordance with generally accepted accounting principles;
7 and for each fiscal year prior thereto, there shall be substantial
8 progress towards such goal. Notwithstanding the foregoing and the
9 provisions of any general or special state law or local law to the
10 contrary, including but not limited to the New York city charter, all
11 costs that would be capital costs in accordance with generally accepted
12 accounting principles, but for the application of governmental account-
13 ing standards board statement number forty-nine, shall be deemed to be
14 capital costs for purposes of this chapter and any other provision of
15 state or local law, including but not limited to the New York city char-
16 ter, relevant to the treatment of such costs.
17 § 2. This act shall take effect immediately.
18 PART QQ
19 Section 1. The opening paragraph of subdivision 3 of section 5-a of
20 the legislative law, as amended by section 1 of part Z of chapter 56 of
21 the laws of 2008, is amended to read as follows:
22 Any member of the assembly serving in a special capacity in a position
23 set forth in the following schedule shall be paid the allowance set
24 forth in such schedule only for the legislative term commencing January
25 first, two thousand [nine] eleven and terminating December thirty-first,
26 two thousand [ten] twelve:
27 § 2. Section 13 of chapter 141 of the laws of 1994, amending the
28 legislative law and the state finance law relating to the operation and
29 administration of the legislature, as amended by section 1 of part XX of
30 chapter 56 of the laws of 2009, is amended to read as follows:
31 § 13. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect as of April 1, 1994, provided that,
33 the provisions of section 5-a of the legislative law as amended by
34 sections two and two-a of this act shall take effect on January 1, 1995,
35 and provided further that, the provisions of article 5-A of the legisla-
36 tive law as added by section eight of this act shall expire June 30,
37 [2010] 2011 when upon such date the provisions of such article shall be
38 deemed repealed; and provided further that section twelve of this act
39 shall be deemed to have been in full force and effect on and after April
40 10, 1994.
41 § 3. This act shall take effect immediately, provided, however, if
42 section two of this act shall take effect on or after June 30, 2010
43 section two of this act shall be deemed to have been in full force and
44 effect on and after June 30, 2010.
45 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
46 sion, section or part of this act shall be adjudged by any court of
47 competent jurisdiction to be invalid, such judgment shall not affect,
48 impair, or invalidate the remainder thereof, but shall be confined in
49 its operation to the clause, sentence, paragraph, subdivision, section
50 or part thereof directly involved in the controversy in which such judg-
51 ment shall have been rendered. It is hereby declared to be the intent of
52 the legislature that this act would have been enacted even if such
53 invalid provisions had not been included herein.
S. 6606--B 242 A. 9706--C
1 § 3. This act shall take effect immediately provided, however, that
2 the applicable effective date of Parts A through QQ of this act shall be
3 as specifically set forth in the last section of such Parts.