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A09006 Summary:

BILL NOA09006C
 
SAME ASSAME AS UNI. S08006-C
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2022-2023 state fiscal year; relates to school contracts for excellence; relates to foundation aid; provides for maintenance of equity aid; requires every local educational agency receiving funding from the elementary and secondary school emergency relief fund allocated by the American rescue plan act of 2021 to post on its website a plan by school year of how such funds will be expended; provides for building aid regarding the New York state energy research and development authority P-12 schools clean green schools initiative; relates to transportation contract penalties; modifies the length of school sessions; relates to academic enhancement aid; relates to supplemental public excess cost aid; relates to high tax aid; extends the statewide universal full-day pre-kindergarten program; relates to universal prekindergarten expansions; relates to the lunch meal state subsidy; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; relates to conditional appointment of school district, charter school or BOCES employees; relates to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; relates to the implementation of the No Child Left Behind Act of 2001; extends authorization of the Roosevelt union free school district to finance deficits by the issuance of serial bonds; relates to contracts for the transportation of school children; provides for school bus driver training grants; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; permits the city school district of the city of Rochester to make certain purchases from the board of cooperative educational services of the supervisory district serving its geographic region and extends such provisions; extends certain provisions relating to state aid to school districts and the appropriation of funds for the support of government; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries (Part A); relates to implementing zero-emission school buses in school districts (Subpart A); creates a zero-emission bus roadmap to identify actions needed to meet fleet sales and conversion targets (Subpart B) (Part B); relates to state appropriations for reimbursement of tuition credits (Part D); expands the part-time tuition assistance program awards to include certain workforce credential programs (Part E); relates to eligibility and conditions for tuition assistance program awards (Part F); sets tuition rates charged by institutions for recipients of an excelsior scholarship (Part G); includes certain apprenticeships as eligible for the New York state college choice tuition savings program (Part H); relates to eligibility for child care assistance (Part L); extends the effectiveness of provisions relating to restructuring financing for residential school placements (Part M); extends certain funding for children and family services (Part N); provides that reimbursement for costs of social services districts for care provided to foster children in institutions, group residences, group homes, and agency operated boarding homes shall not be diminished (Part O); increases funding for the costs of maintenance and operation of certain local veterans' service agencies (Part R); increases the standards of monthly need for aged, blind and disabled persons (Part S); extends the authorization of the commissioner of social services with regards to the appointment of a temporary operator (Part T); relates to timeframes for determinations and adjustment criteria for public benefits recipients (Part U); utilizes reserves in the mortgage insurance fund for various housing purposes (Part Z); relates to providing language translation services (Part GG); waives approval and income limitations on retirees employed in a school district or a board of cooperative educational services (Part HH); extends the initial effectiveness of certain provisions relating to weekly employment insurance benefits for workers who are partially unemployed (Part JJ); directs the office of temporary disability assistance to conduct a public outreach program informing the public about the availability of existing and new utility assistance programs (Part KK); relates to the savings plan demonstration project in the city of New York; extends the effectiveness of certain provisions of law relating to such project (Part LL); epeals section relates to mortgage repayment liens for public assistance beneficiaries (Part MM); requires the state university of New York and the city university of New York to report on the hiring of faculty pursuant to any state funding appropriated for such purposes (Part NN); removes the existing two million dollar limit on the total annual cost of the Senator Patricia K. McGee nursing faculty scholarship program; removes the limit on the number of awards that may be given for the New York state young farmers loan forgiveness incentive program (Part OO); establishes the veterans' services law and the department of veterans' services; replaces all instances of the term "division of veterans services" with the term "department of veterans' services"; makes related conforming technical changes; repeals provisions relating to veterans' services and certain awards and medals (Part PP); creates a commission on ethics and lobbying in government (Part QQ); relates to gaming facility determinations and licensing (Part RR); enacts reforms related to public service performed during the COVID-19 pandemic; provides for the rate of member contributions between April 1, 2022 and April 1, 2024 (Part SS); relates to providing for reforms to Tier 5 and Tier 6 of the retirement system regarding vesting and eligibility for service retirement benefits (Part TT); relates to criminal justice reform; reduces the number of firearms sold as an element of criminal sale in the first and second degrees; provides that possession of three of more firearms is presumptive evidence of intent to sell (Subpart A); relates to appearance tickets issued to certain persons (Subpart B); relates to certain information the court must consider and take into account for securing an order (Subpart C); relates to certificates of compliance within the discovery process and remedies for failure to comply with a discovery order (Subpart D); relates to the statute of limitations and jurisdiction for juvenile delinquency proceedings; provides for community based treatment referrals (Subpart E); relates to release for mental health assessment and evaluation and involuntary commitment pending release (Subpart F); relates to certain reports for pre-trial release and detention; requires such reports to contain information relating to whether the people requested that the court fix bail, the amount and form of bail requested by the people, the court's ruling on such request, the form of bail set by the court and the court's stated reason for such ruling (Subpart G); extends Kendra's law; relates to assisted outpatient treatment orders (Subpart H) (Part UU); enacts the private activity bond allocation act of 2022 (Part VV); permits videoconferencing and remote participation in public meetings under certain circumstances (Part WW); relates to the minimum wage of home care aides (Part XX); confirms the intention of the legislature that certain provisions related to the Bills stadium are public and governmental purposes of the county of Erie for which real property tax exemption shall be allowed; provides a prohibition on relocation (Part YY); provides for health care and mental health care workers bonuses (Part ZZ); expands Medicaid eligibility for seniors and disabled individuals; expands Medicaid savings program eligibility (Part AAA); permits the commissioner of health to submit a waiver that expands eligibility for New York's basic health program and increases the federal poverty limit cap for basic health program eligibility from two hundred to two hundred fifty percent; allows pregnant individuals to be eligible for the basic health program and maintain coverage in the basic health program for one year post pregnancy and to deem a child born to an individual covered under the basic health program to be eligible for medical assistance; relates to cost-sharing obligations for certain services and supports; provides for the repeal of certain provisions upon the expiration thereof (Part BBB); includes expanded pre-natal and post-partum care as standard coverage when recommended by a physician or other health care practitioner (Part CCC); relates to the Child Health Plus Program and the Child Health Plus rate setting authority (Part DDD); extends provisions of law relating to discovery compensation; relates to monies allocated to the chief administrator of the courts and the division of criminal justice services for the purpose of completing certain reports (Part EEE); provides for the administration of certain funds and accounts related to the 2022-2023 budget, authorizing certain payments and transfers (Part FFF).
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A09006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 8006--C                                            A. 9006--C
 
                SENATE - ASSEMBLY
 
                                    January 19, 2022
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend the education law, in relation to school contracts for
          excellence; to amend the education law, in relation to foundation aid;
          to amend the education law, in relation to maintenance of equity  aid;
          to  amend chapter 56 of the laws of 2021, relating to funding from the
          elementary and secondary school emergency relief fund allocated by the
          American rescue plan act of 2021, in relation to  every  local  educa-
          tional  agency  receiving  funding  from  the elementary and secondary
          school emergency relief fund allocated by the American rescue plan act
          of 2021 shall be required to post on its website a plan by school year
          of how such funds will be expended; to amend  the  education  law,  in
          relation  to  building  aid and the New York state energy research and
          development authority P-12 schools clean green schools initiative;  to
          amend the education law, in relation to building aid final cost report
          penalties;  transportation  contract penalties; to amend the education
          law, in relation to modifying the length of school sessions; to  amend
          the education law, in relation to supplemental public excess cost aid;
          to  amend  the education law, in relation to academic enhancement aid;
          to amend the education law, in relation to high tax aid; to amend  the
          education  law,  in  relation to extending the state education depart-
          ment's authority to administer the statewide universal  full-day  pre-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12672-05-2

        S. 8006--C                          2                         A. 9006--C
 
          kindergarten  program;  to  amend  the  education  law, in relation to
          universal prekindergarten expansions; to amend chapter 756 of the laws
          of 1992, relating to  funding  a  program  for  work  force  education
          conducted  by the consortium for worker education in New York city, in
          relation to reimbursement for the 2022-2023 school year, withholding a
          portion of employment preparation education aid and in relation to the
          effectiveness thereof; to amend chapter  537  of  the  laws  of  1976,
          relating to paid, free and reduced price breakfast for eligible pupils
          in  certain school districts, in relation to lunch meal state subsidy;
          to amend chapter  169  of  the  laws  of  1994,  relating  to  certain
          provisions related to the 1994-95 state operations, aid to localities,
          capital  projects  and debt service budgets, in relation to the effec-
          tiveness thereof; to amend chapter 147 of the laws of  2001,  amending
          the  education  law  relating  to  conditional  appointment  of school
          district, charter school or BOCES employees, in relation to the effec-
          tiveness thereof; to amend chapter 425 of the laws of  2002,  amending
          the  education  law  relating  to the provision of supplemental educa-
          tional services, attendance at a safe public school and the suspension
          of pupils who bring a firearm to or possess a firearm at a school,  in
          relation  to making certain provisions thereof permanent; to amend the
          No Child Left Behind Act of 2001, in relation to making the provisions
          thereof permanent; to amend chapter 552 of the laws of 1995,  amending
          the  education  law  relating  to  contracts for the transportation of
          school children, in relation to the effectiveness  thereof;  providing
          for  school  bus  driver training grants; providing for special appor-
          tionment for salary expenses; providing for special apportionment  for
          public  pension  accruals;  to  amend chapter 121 of the laws of 1996,
          relating to authorizing the Roosevelt union free  school  district  to
          finance  deficits  by  the  issuance  of  serial bonds, in relation to
          extending the school years to which apportionment for salary  expenses
          apply;  to amend the education law, in relation to permitting the city
          school district of the city of Rochester  to  make  certain  purchases
          from  the board of cooperative educational services of the supervisory
          district serving its geographic region; to amend  chapter  82  of  the
          laws of 1995, amending the education law and certain other laws relat-
          ing  to  state  aid to school districts and the appropriation of funds
          for the support of government, in relation to the effectiveness there-
          of; providing for  set-asides  from  the  state  funds  which  certain
          districts  are  receiving from the total foundation aid; providing for
          support of public libraries; and providing for the repeal  of  certain
          provisions  upon  expiration  thereof (Part A); to amend the education
          law and the local finance law, in  relation  to  zero-emission  school
          buses (Subpart A); to amend the public authorities law, in relation to
          the  creation  of  a  zero-emission  bus  roadmap (Subpart B)(Part B);
          intentionally omitted  (Part  C);  to  amend  the  education  law,  in
          relation  to state appropriations for reimbursement of tuition credits
          (Part D); to amend the education law, in relation to the expansion  of
          the part-time tuition assistance program (Part E); to amend the educa-
          tion  law,  in relation to eligibility requirements and conditions for
          tuition assistance program awards; and to repeal certain provisions of
          the education law relating to the ban on incarcerated  individuals  to
          be eligible to receive state aid (Part F); to amend the education law,
          in  relation  to  setting  tuition rates charged for recipients of the
          excelsior scholarship  (Part  G);  to  amend  the  education  law,  in
          relation  to  including  certain  apprenticeships in the definition of
          "eligible educational institution" for  the  New  York  state  college

        S. 8006--C                          3                         A. 9006--C
 
          choice  tuition  savings program (Part H); intentionally omitted (Part
          I); intentionally omitted (Part J); intentionally omitted (Part K); to
          amend the social services law, in relation to  child  care  assistance
          (Part  L); to amend part N of chapter 56 of the laws of 2020, amending
          the social services law relating to restructuring financing for  resi-
          dential  school  placements,  in relation to the effectiveness thereof
          (Part M); to amend part C of chapter 83 of the laws of 2002,  amending
          the  executive law and other laws relating to funding for children and
          family services, in relation to extending  the  effectiveness  thereof
          (Part  N); to amend the social services law, in relation to reimburse-
          ment for a portion of the costs of social services districts for  care
          provided  to  foster children in institutions, group residences, group
          homes, and agency operated  boarding  homes  (Part  O);  intentionally
          omitted  (Part P); intentionally omitted (Part Q); to amend the execu-
          tive law, in relation to increasing the amount  of  reimbursement  the
          division of veterans' affairs shall provide to local veterans' service
          agencies  for  the  cost  of maintenance of such agencies (Part R); to
          amend the social services law, in relation to increasing the standards
          of monthly need for aged, blind and disabled  persons  living  in  the
          community  (Part S); to amend part W of chapter 54 of the laws of 2016
          amending the social services law relating to the powers and duties  of
          the  commissioner  of social services relating to the appointment of a
          temporary operator, in relation to the effectiveness thereof (Part T);
          to amend the social services law, in relation to the  public  benefits
          and  requirements; and to repeal certain provisions of such law relat-
          ing thereto (Part U); intentionally omitted  (Part  V);  intentionally
          omitted  (Part W); intentionally omitted (Part X); intentionally omit-
          ted (Part Y); to utilize reserves in the mortgage insurance  fund  for
          various  housing  purposes  (Part Z); intentionally omitted (Part AA);
          intentionally omitted (Part  BB);  intentionally  omitted  (Part  CC);
          intentionally  omitted  (Part  DD);  intentionally  omitted (Part EE);
          intentionally omitted (Part  FF);  to  amend  the  executive  law,  in
          relation to the state's language access policy (Part GG); to amend the
          retirement  and  social  security law, in relation to waiving approval
          and income limitations on retirees employed in  school  districts  and
          board  of  cooperative  educational  services;  and  providing for the
          repeal of such provisions upon expiration thereof  (Part  HH);  inten-
          tionally  omitted  (Part II); to amend chapter 277 of the laws of 2021
          amending the labor law relating to the calculation of  weekly  employ-
          ment  insurance  benefits for workers who are partially unemployed, in
          relation to the effectiveness thereof (Part JJ); directing the  office
          of  temporary  and  disability assistance to conduct a public outreach
          program regarding utilities assistance (Part KK); to amend the  social
          services law, in relation to the savings plan demonstration project in
          the city of New York; and to amend part K of chapter 58 of the laws of
          2010  amending  the  social  services law relating to establishing the
          savings plan demonstration project, in relation to  the  effectiveness
          thereof  (Part  LL);  to repeal section 106 of the social services law
          relating to mortgage repayment liens for public  assistance  benefici-
          aries  (Part  MM);  requiring the state university of New York and the
          city university of New York to report on the hiring of faculty  pursu-
          ant  to any state funding appropriated for such purposes (Part NN); to
          amend the education law, in relation to  removing  the  limit  on  the
          total  annual  costs  of the Senator Patricia K. McGee nursing faculty
          scholarship program and relates to the number of awards  that  may  be
          given  under  the New York state young farmers loan forgiveness incen-

        S. 8006--C                          4                         A. 9006--C
 
          tive program (Part OO); in relation to constituting chapter 13 of  the
          consolidated  laws  establishing  the  veterans'  services law and the
          department of veterans' services; to amend the domestic relations law,
          the  education  law,  the election law, the environmental conservation
          law, the executive law, the general municipal law, the labor law,  the
          mental  hygiene  law,  the  not-for-profit corporation law, the public
          health law, the social services law, the state finance  law,  the  New
          York  state defense emergency act, the administrative code of the city
          of New York, the New York city charter, the cannabis  law,  the  state
          technology  law,  the  county  law,  the economic development law, the
          correction law, the civil service law, the general business  law,  the
          general  construction  law,  the  highway  law, the insurance law, the
          judiciary law, the military law, the public housing  law,  the  public
          officers  law,  the private housing finance law, the real property tax
          law, the tax law, the town law, the vehicle and traffic law,  and  the
          workers'  compensation  law, in relation to replacing all instances of
          the term "division of veterans services" with the term "department  of
          veterans'  services"  and making related conforming technical changes;
          and to repeal certain provisions of  the  executive  law  relating  to
          veterans'  services and of the military law relating to certain awards
          and medals (Part PP); to establish the "ethics commission  reform  act
          of  2022";  to  amend  the  executive  law,  in relation to creating a
          commission on ethics and lobbying in government; to amend the legisla-
          tive law, the public officers law, and the executive law, in  relation
          to  making  technical  corrections  thereto;  and  to  repeal  certain
          provisions of the executive law relating thereto (Part QQ);  to  amend
          the  racing,  pari-mutuel  wagering  and  breeding law, in relation to
          gaming facility determinations and licensing (Part RR); to  amend  the
          retirement  and  social  security law, in relation to enacting reforms
          related to public service performed during the COVID-19 pandemic (Part
          SS); to amend the retirement and social security law, in  relation  to
          providing  reforms to Tier 5 and Tier 6 of the retirement system (Part
          TT); to amend the penal law, in relation to criminal sale of  firearms
          (Subpart  A);  to  amend  the  criminal  procedure law, in relation to
          appearance tickets issued to certain persons (Subpart B); to amend the
          criminal procedure law, in relation to certain information  the  court
          must consider and take into account for securing an order (Subpart C);
          to  amend  the  criminal  procedure law, in relation to the failure to
          comply with a discovery order and certificates of compliance  (Subpart
          D); to amend the family court act, in relation to the statute of limi-
          tations  and  jurisdiction  for  juvenile delinquency proceedings; and
          community based treatment referrals (Subpart  E);  and  to  amend  the
          criminal  procedure  law,  in  relation  to  release for mental health
          assessment and evaluation and involuntary commitment  pending  release
          (Subpart  F); and to amend the judiciary law and the executive law, in
          relation to certain reports on pretrial release and detention (Subpart
          G); to amend Kendra's law, in relation  to  extending  the  expiration
          thereof; and to amend the mental hygiene law, in relation to extending
          Kendra's  law and assisted outpatient treatment (Subpart H) (Part UU);
          in relation to enacting the private activity bond  allocation  act  of
          2022;  and providing for the repeal of certain provisions upon expira-
          tion thereof (Part VV); to amend the public officers law, in  relation
          to  permitting  videoconferencing  and  remote participation in public
          meetings under certain circumstances; and providing for the repeal  of
          such provisions upon expiration thereof (Part WW); to amend the public
          health  law,  in relation to the minimum wage of home care aides (Part

        S. 8006--C                          5                         A. 9006--C
 
          XX); to amend chapter  252  of  the  laws  of  1968  relating  to  the
          construction  and  financing  of  a  stadium by the county of Erie and
          authorizing, in aid of such financing, the leasing of such stadium and
          exemption  from  current funds requirements, in relation to confirming
          the intention of the legislature that the purposes  mentioned  therein
          are  public  and governmental purposes of the county of Erie for which
          exemption shall be allowed from real property taxation (Part  YY);  to
          amend  the social services law, in relation to establishing the health
          care and mental hygiene worker bonuses (Part ZZ); to amend the  social
          services  law,  in relation to expanding Medicaid eligibility require-
          ments for seniors and disabled individuals; and relating to  expanding
          eligibility  for the medicare savings program (Part AAA); to amend the
          public health law and the social services law, in relation to  permit-
          ting the commissioner of health to submit a waiver that expands eligi-
          bility  for  New York's basic health program and increases the federal
          poverty limit cap  for  basic  health  program  eligibility  from  two
          hundred  to  two  hundred  fifty percent; to amend the social services
          law, in relation to allowing pregnant individuals to be  eligible  for
          the  basic  health  program  and maintain coverage in the basic health
          program for one year post pregnancy and to deem a  child  born  to  an
          individual  covered  under the basic health program to be eligible for
          medical assistance; to amend the social services law, in  relation  to
          cost-sharing  obligations  for  certain  services  and  supports;  and
          providing for the repeal of certain  provisions  upon  the  expiration
          thereof  (Part  BBB); to amend the social services law, in relation to
          including expanded pre-natal and post-partum care as standard coverage
          when determined to be necessary; and to repeal section 369-hh  of  the
          social  services  law  (Part  CCC); to amend the public health law, in
          relation to expanding benefits in the Child Health Plus Program, elim-
          inating the premium contribution for  certain  households  and  trans-
          ferring  Child  Health Plus rate setting authority from the Department
          of Financial Services to the Department of Health (Part DDD); to amend
          part E of chapter 55 of the laws of 2020, amending the  state  finance
          law  relating  to  establishing the criminal justice discovery compen-
          sation fund; amending the criminal procedure law  relating  to  monies
          recovered by county district attorneys before the filing of an accusa-
          tory  instrument;  and  providing for the repeal of certain provisions
          upon expiration thereof, in relation to  extending  the  effectiveness
          thereof;  and to amend the judiciary law and the state finance law, in
          relation to monies allocated to the chief administrator of the  courts
          and  the  division  of  criminal  justice  services for the purpose of
          completing certain reports (Part EEE); and to provide for the adminis-
          tration of certain funds and accounts related to the 2022-2023 budget,
          authorizing certain payments and transfers; to amend the state finance
          law, in relation to the administration of certain funds and  accounts;
          to amend part D3 of chapter 62 of the laws of 2003 amending the gener-
          al    business  law  and other laws relating to implementing the state
          fiscal  plan  for the 2003-2004 state fiscal year, in relation to  the
          deposit   provisions of the tobacco settlement  financing  corporation
          act; to amend part D of chapter 389 of the laws of  1997  relating  to
          the  financing of the correctional facilities improvement fund and the
          youth facility improvement  fund,  in  relation  to  the  issuance  of
          certain bonds or notes; to amend chapter 81 of the laws of 2002 relat-
          ing  to providing for the administration of certain funds and accounts
          related to the 2002-2003  budget,  in  relation  to  the  issuance  of
          certain  bonds  &  notes; to amend part Y of chapter 61 of the laws of

        S. 8006--C                          6                         A. 9006--C
 
          2005, relating to providing for the administration  of  certain  funds
          and accounts related to the 2005-2006 budget, in relation to the issu-
          ance  of  certain bonds or notes; to amend the public authorities law,
          in  relation  to  the issuance of certain bonds or notes; to amend the
          New York state medical care facilities finance agency act, in relation
          to the issuance of certain bonds or notes; to amend the New York state
          urban development corporation act, in  relation  to  the  issuance  of
          certain  bonds  or  notes;  to  amend chapter 329 of the laws of 1991,
          amending the state finance law and other laws relating to  the  estab-
          lishment  of  the dedicated highway and bridge trust fund, in relation
          to the issuance of certain bonds or notes; to amend the public author-
          ities law, in relation to the issuance of certain bonds or  notes;  to
          amend  the private housing finance law, in relation to housing program
          bonds and notes; to amend part D of chapter  63   of   the   laws   of
          2005,    relating  to  the composition and responsibilities of the New
          York state higher education capital matching grant board, in  relation
          to  increasing the   amount  of authorized matching capital grants; to
          amend the  New  York  state  urban  development  corporation  act,  in
          relation  to the  nonprofit infrastructure capital investment program;
          to amend the New York state  urban  development  corporation  act,  in
          relation to personal income tax notes for 2022, in relation to author-
          izing  the  dormitory authority of the state of New York and the urban
          development corporation to enter into line of  credit  facilities  for
          2022,  and  in relation to state-supported debt issued during the 2022
          fiscal year; to amend the state finance law, in relation  to  payments
          of  bonds;  to  amend the state finance law, in relation to the mental
          health services fund; to amend the state finance law, in  relation  to
          the  issuance  of  revenue  bonds;  to  amend the New York state urban
          development corporation act, in relation to permitting  the  dormitory
          authority,  the  New York state urban development corporation, and the
          thruway authority to issue bonds for the purpose  of  refunding  obli-
          gations of the power authority of the state of New York to fund energy
          efficiency  projects at state agencies; to repeal subdivisions 4 and 5
          of section 16 of part T of chapter 57 of the laws of 2007, relating to
          providing for the administration of certain funds and accounts related
          to the 2007-2008 budget; and  providing  for  the  repeal  of  certain
          provisions upon expiration thereof (Part FFF)
 
          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  necessary  to  implement  the state education, labor, housing and family
     3  assistance budget for the 2022-2023 state fiscal year. Each component is
     4  wholly contained within a Part identified as Parts A  through  FFF.  The
     5  effective  date for each particular provision contained within such Part
     6  is set forth in the last section of such  Part.  Any  provision  in  any
     7  section  contained  within  a  Part, including the effective date of the
     8  Part, which makes a reference to a section "of this act", when  used  in
     9  connection  with  that particular component, shall be deemed to mean and
    10  refer to the corresponding section of the Part in  which  it  is  found.
    11  Section  three of this act sets forth the general effective date of this
    12  act.
 
    13                                   PART A

        S. 8006--C                          7                         A. 9006--C
 
     1    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
     2  tion law, as amended by section 1 of part A of chapter 56 of the laws of
     3  2021, is amended to read as follows:
     4    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
     5  district that submitted a contract for excellence for the  two  thousand
     6  eight--two  thousand nine school year shall submit a contract for excel-
     7  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
     8  conformity  with the requirements of subparagraph (vi) of paragraph a of
     9  subdivision two of this section unless all schools in the  district  are
    10  identified  as  in  good  standing  and  provided further that, a school
    11  district that submitted a contract for excellence for the  two  thousand
    12  nine--two  thousand  ten school year, unless all schools in the district
    13  are identified as in good standing, shall submit a contract  for  excel-
    14  lence for the two thousand eleven--two thousand twelve school year which
    15  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    16  graph a of subdivision two of this section, provide for the  expenditure
    17  of  an  amount  which  shall  be not less than the product of the amount
    18  approved by the commissioner in the contract for excellence for the  two
    19  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
    20  district's gap elimination adjustment percentage  and  provided  further
    21  that, a school district that submitted a contract for excellence for the
    22  two thousand eleven--two thousand twelve school year, unless all schools
    23  in  the  district  are  identified  as  in good standing, shall submit a
    24  contract for excellence for the two thousand twelve--two thousand  thir-
    25  teen  school  year  which  shall,  notwithstanding  the  requirements of
    26  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    27  provide  for  the  expenditure of an amount which shall be not less than
    28  the amount approved by the commissioner in the contract  for  excellence
    29  for  the  two  thousand  eleven--two  thousand  twelve  school  year and
    30  provided further that, a school district that submitted a  contract  for
    31  excellence  for  the  two  thousand twelve--two thousand thirteen school
    32  year, unless all schools in the  district  are  identified  as  in  good
    33  standing,  shall  submit  a contract for excellence for the two thousand
    34  thirteen--two thousand fourteen school year which shall, notwithstanding
    35  the requirements of subparagraph (vi) of paragraph a of subdivision  two
    36  of this section, provide for the expenditure of an amount which shall be
    37  not  less  than  the amount approved by the commissioner in the contract
    38  for excellence for the two thousand twelve--two thousand thirteen school
    39  year and provided further that,  a  school  district  that  submitted  a
    40  contract  for  excellence  for  the  two thousand thirteen--two thousand
    41  fourteen school year, unless all schools in the district are  identified
    42  as  in good standing, shall submit a contract for excellence for the two
    43  thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
    44  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    45  subdivision two of this section,  provide  for  the  expenditure  of  an
    46  amount  which  shall be not less than the amount approved by the commis-
    47  sioner in the contract for excellence for the two thousand thirteen--two
    48  thousand fourteen school year;  and  provided  further  that,  a  school
    49  district  that  submitted a contract for excellence for the two thousand
    50  fourteen--two thousand fifteen school year, unless all  schools  in  the
    51  district are identified as in good standing, shall submit a contract for
    52  excellence  for  the  two  thousand fifteen--two thousand sixteen school
    53  year which shall, notwithstanding the requirements of subparagraph  (vi)
    54  of  paragraph  a  of  subdivision  two  of this section, provide for the
    55  expenditure of an amount  which  shall  be  not  less  than  the  amount
    56  approved  by the commissioner in the contract for excellence for the two

        S. 8006--C                          8                         A. 9006--C
 
     1  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
     2  further  that a school district that submitted a contract for excellence
     3  for the two thousand fifteen--two thousand sixteen school  year,  unless
     4  all  schools  in  the district are identified as in good standing, shall
     5  submit a contract for excellence for the two thousand sixteen--two thou-
     6  sand seventeen school year which shall, notwithstanding the requirements
     7  of subparagraph (vi) of paragraph a of subdivision two of this  section,
     8  provide  for  the  expenditure of an amount which shall be not less than
     9  the amount approved by the commissioner in the contract  for  excellence
    10  for  the  two  thousand  fifteen--two  thousand sixteen school year; and
    11  provided further that, a school district that submitted a  contract  for
    12  excellence  for  the two thousand sixteen--two thousand seventeen school
    13  year, unless all schools in the  district  are  identified  as  in  good
    14  standing,  shall  submit  a contract for excellence for the two thousand
    15  seventeen--two thousand eighteen school year which shall,  notwithstand-
    16  ing  the requirements of subparagraph (vi) of paragraph a of subdivision
    17  two of this section, provide for the  expenditure  of  an  amount  which
    18  shall  be  not  less than the amount approved by the commissioner in the
    19  contract for excellence  for  the  two  thousand  sixteen--two  thousand
    20  seventeen  school year; and provided further that a school district that
    21  submitted a contract for excellence for the two thousand  seventeen--two
    22  thousand  eighteen  school  year, unless all schools in the district are
    23  identified as in good standing, shall submit a contract  for  excellence
    24  for  the  two thousand eighteen--two thousand nineteen school year which
    25  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    26  graph  a of subdivision two of this section, provide for the expenditure
    27  of an amount which shall be not less than the  amount  approved  by  the
    28  commissioner  in the contract for excellence for the two thousand seven-
    29  teen--two thousand eighteen school year; and provided  further  that,  a
    30  school  district  that  submitted  a contract for excellence for the two
    31  thousand eighteen--two thousand nineteen school year, unless all schools
    32  in the district are identified as  in  good  standing,  shall  submit  a
    33  contract  for  excellence  for  the  two thousand nineteen--two thousand
    34  twenty school year which  shall,  notwithstanding  the  requirements  of
    35  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    36  provide for the expenditure of an amount which shall be  not  less  than
    37  the  amount  approved by the commissioner in the contract for excellence
    38  for the two thousand eighteen--two thousand nineteen  school  year;  and
    39  provided  further  that, a school district that submitted a contract for
    40  excellence for the two thousand  nineteen--two  thousand  twenty  school
    41  year,  unless  all  schools  in  the  district are identified as in good
    42  standing, shall submit a contract for excellence for  the  two  thousand
    43  twenty--two thousand twenty-one school year which shall, notwithstanding
    44  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    45  of this section, provide for the expenditure of an amount which shall be
    46  not less than the amount approved by the commissioner  in  the  contract
    47  for excellence for the two thousand nineteen--two thousand twenty school
    48  year;  and  provided  further  that,  a school district that submitted a
    49  contract for excellence for the two thousand twenty--two thousand  twen-
    50  ty-one school year, unless all schools in the district are identified as
    51  in  good  standing,  shall  submit a contract for excellence for the two
    52  thousand twenty-one--two thousand twenty-two school  year  which  shall,
    53  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    54  subdivision two of this section,  provide  for  the  expenditure  of  an
    55  amount  which  shall be not less than the amount approved by the commis-
    56  sioner in the contract for excellence for the two  thousand  twenty--two

        S. 8006--C                          9                         A. 9006--C
 
     1  thousand  twenty-one  school  year;  and provided further that, a school
     2  district that submitted a contract for excellence for the  two  thousand
     3  twenty-one--two  thousand  twenty-two school year, unless all schools in
     4  the district are identified as in good standing, shall submit a contract
     5  for  excellence  for  the  two thousand twenty-two--two thousand twenty-
     6  three school year  which  shall,  notwithstanding  the  requirements  of
     7  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
     8  provide for the expenditure of an amount which shall be  not  less  than
     9  the  amount  approved by the commissioner in the contract for excellence
    10  for the two thousand twenty-one--two thousand  twenty-two  school  year.
    11  For purposes of this paragraph, the "gap elimination adjustment percent-
    12  age" shall be calculated as the sum of one minus the quotient of the sum
    13  of the school district's net gap elimination adjustment for two thousand
    14  ten--two thousand eleven computed pursuant to chapter fifty-three of the
    15  laws  of  two  thousand  ten,  making  appropriations for the support of
    16  government, plus the school district's gap  elimination  adjustment  for
    17  two thousand eleven--two thousand twelve as computed pursuant to chapter
    18  fifty-three  of  the  laws of two thousand eleven, making appropriations
    19  for the support of the local assistance budget,  including  support  for
    20  general support for public schools, divided by the total aid for adjust-
    21  ment  computed  pursuant to chapter fifty-three of the laws of two thou-
    22  sand eleven, making appropriations  for  the  local  assistance  budget,
    23  including  support  for  general  support  for public schools. Provided,
    24  further, that such amount shall be  expended  to  support  and  maintain
    25  allowable programs and activities approved in the two thousand nine--two
    26  thousand  ten  school  year  or  to  support  new  or expanded allowable
    27  programs and activities in the current year.
    28    § 2. Subdivision 4 of section 3602 of the education law is amended  by
    29  adding a new paragraph j to read as follows:
    30    j. Foundation aid payable in the two thousand twenty-two--two thousand
    31  twenty-three  school  year.  Notwithstanding any provision of law to the
    32  contrary, foundation aid payable in  the  two  thousand  twenty-two--two
    33  thousand twenty-three school year shall be equal to the sum of the total
    34  foundation  aid base computed pursuant to paragraph j of subdivision one
    35  of this section plus the greater of (a)  the  product  of  the  phase-in
    36  foundation  increase factor as computed pursuant to subparagraph (ii) of
    37  paragraph b of this subdivision multiplied by the  positive  difference,
    38  if  any, of (i) total foundation aid computed pursuant to paragraph a of
    39  this subdivision less (ii) the total foundation aid base computed pursu-
    40  ant to paragraph j of subdivision one of this section, or (b) the  prod-
    41  uct  of  three  hundredths (0.03) multiplied by the total foundation aid
    42  base computed pursuant  to  paragraph  j  of  subdivision  one  of  this
    43  section.
    44    §  3.  Section  3602  of  the education law is amended by adding a new
    45  subdivision 4-a to read as follows:
    46    4-a.  Foundation Aid Maintenance of Equity Aid.  1.  For  purposes  of
    47  this subdivision the following terms shall be defined as follows:
    48    a. "High-need LEAs" shall mean local educational agencies with (1) the
    49  highest  percentage of economically disadvantaged students as calculated
    50  based on the  most  recent  small  area  income  and  poverty  estimates
    51  provided  by  the United States census bureau and (2) the cumulative sum
    52  of local educational agency enrollment for the base year is greater than
    53  or equal to the product of five-tenths (0.5) and the statewide total  of
    54  such enrollment.
    55    b.  "Highest-poverty  LEAs" shall mean local educational agencies with
    56  (1) the highest percentage of  economically  disadvantaged  students  as

        S. 8006--C                         10                         A. 9006--C
 
     1  calculated  based on the most recent small area income and poverty esti-
     2  mates provided by the United States census bureau and (2) the cumulative
     3  sum of local educational agency enrollment for the base year is  greater
     4  than or equal to the product of two-tenths (0.2) and the statewide total
     5  of such enrollment.
     6    c.  "Eligible  districts" shall mean school districts defined as high-
     7  need LEAs or highest-poverty LEAs in the current year which are  subject
     8  to  the  state  level  maintenance of equity requirement in the American
     9  Rescue Plan Act of 2021, Section 2004, Part 1,  Subtitle  A,  Title  II,
    10  (Public Law 117-2) for the current year.
    11    d.  "State  funding" shall mean any apportionment provided pursuant to
    12  sections seven hundred one, seven hundred eleven, seven  hundred  fifty-
    13  one,  and  seven hundred fifty-three of this chapter plus apportionments
    14  pursuant to subdivisions four, five-a, ten, twelve, and sixteen of  this
    15  section.
    16    e.  "Local  Educational Agency Enrollment" shall mean the unduplicated
    17  count of all children registered  to  receive  educational  services  in
    18  grades  kindergarten  through  twelve,  including  children  in ungraded
    19  programs, as registered on the date prior  to  November  first  that  is
    20  specified  by  the commissioner as the enrollment reporting date, regis-
    21  tered in a local educational agency as defined pursuant to section  7801
    22  of title 20 of the United States Code.
    23    2. Eligible districts shall receive an apportionment of foundation aid
    24  maintenance  of  equity  aid in the current year if the commissioner, in
    25  consultation with the director of the budget,  determines  the  district
    26  would  otherwise  receive  a  reduction  in state funding on a per pupil
    27  basis inconsistent with the federal state level  maintenance  of  equity
    28  requirement.  This  apportionment shall be equal to the amount necessary
    29  to ensure compliance with the federal state level maintenance of  equity
    30  requirement.    This  apportionment  shall  be  paid in the current year
    31  pursuant to section thirty-six hundred nine-a of this part.
    32    § 4. Clause (ii) of paragraph j of subdivision 1 of  section  3602  of
    33  the  education  law, as amended by section 11 of part B of chapter 57 of
    34  the laws of 2007, is amended to read as follows:
    35    (ii) For aid payable in the  two  thousand  eight--two  thousand  nine
    36  school  year  and  thereafter, the total foundation aid base shall equal
    37  the total amount a district was eligible to receive  in  the  base  year
    38  pursuant to subdivision four of this section plus foundation aid mainte-
    39  nance of equity aid pursuant to subdivision four-a of this section.
    40    §  5.  Section  3602-b of the education law is amended by adding a new
    41  subdivision 3 to read as follows:
    42    3. a. In addition to apportionments calculated  pursuant  to  subdivi-
    43  sions  one and two of this section, each school district employing fewer
    44  than eight teachers defined as eligible pursuant  to  paragraph  one  of
    45  subdivision  four-a of section thirty-six hundred two of this part shall
    46  receive an additional apportionment of public money in the current  year
    47  if  the  commissioner,  in consultation with the director of the budget,
    48  determines the district would otherwise receive  a  reduction  in  state
    49  funding,  as  defined  in subparagraph d of paragraph one of subdivision
    50  four-a of section thirty-six hundred two of this part, on  a  per  pupil
    51  basis  inconsistent  with  the federal state level maintenance of equity
    52  requirement.
    53    b. The maintenance of equity aid shall be equal to the  amount  neces-
    54  sary  to  ensure  compliance with the federal state level maintenance of
    55  equity requirement in the American Rescue  Plan  Act  of  2021,  Section

        S. 8006--C                         11                         A. 9006--C
 
     1  2004,  Part  1, Subtitle A, Title II, (Public Law 117-2) for the current
     2  year.
     3    § 5-a. Section 9-a of part A of chapter 56 of the laws of 2021, relat-
     4  ing to funding from the elementary and secondary school emergency relief
     5  fund  allocated  by  the American rescue plan act of 2021, is amended to
     6  read as follows:
     7    § 9-a. (1) On or before July 1, 2021, every local  educational  agency
     8  receiving  funding  from  the  elementary and secondary school emergency
     9  relief fund allocated by the American rescue plan act of 2021  shall  be
    10  required  to post on its website a plan by school year of how such funds
    11  will be expended and how the local educational  agency  will  prioritize
    12  spending  on  non-recurring  expenses  in the areas of: safely returning
    13  students to  in-person  instruction;  maximizing  in-person  instruction
    14  time;  operating  schools  and meeting the needs of students; purchasing
    15  educational technology; addressing the impacts of the COVID-19  pandemic
    16  on students, including the impacts of interrupted instruction and learn-
    17  ing loss and the impacts on low-income students, children with disabili-
    18  ties, English language learners, and students experiencing homelessness;
    19  implementing   evidence-based   strategies  to  meet  students'  social,
    20  emotional, mental health, and academic  needs;  offering  evidence-based
    21  summer,   afterschool,   and  other  extended  learning  and  enrichment
    22  programs; and supporting early childhood  education.  Provided  further,
    23  that  local  educational  agencies shall identify any programs utilizing
    24  such funding that are expected to continue beyond  the  availability  of
    25  such  federal  funds and identify local funds that will be used to main-
    26  tain such programs in order to minimize disruption to core academic  and
    27  other  school  programs. Before posting such plan, the local educational
    28  agency shall seek public comment from parents, teachers and other stake-
    29  holders on the plan and take such comments into account in the  develop-
    30  ment of the plan.
    31    (2)  On or before July 1, 2022, every local educational agency receiv-
    32  ing funding from the elementary and secondary  school  emergency  relief
    33  fund allocated by the American rescue plan act of 2021 shall be required
    34  to  post  on its website an updated plan as described in subdivision one
    35  of this section. This updated plan shall include an analysis  of  public
    36  comments,  goals  and  ratios  for  pupil support, detailed summaries of
    37  investments in current year initiatives,  and  balance  funds  spent  in
    38  priority  areas.  The local educational agency shall submit such plan to
    39  the state education department in a form prescribed by  the  department,
    40  and the department shall post all of the collected plans on its website.
    41    §  5-b.  Section  10-d  of  part  A of chapter 56 of the laws of 2021,
    42  relating to funding from the elementary and secondary  school  emergency
    43  relief  fund  allocated  by  the  American  rescue  plan act of 2021, is
    44  amended to read as follows:
    45    § 10-d. For the 2021-22, 2022-23 and 2023-24 school years, each school
    46  district receiving a foundation aid  increase  of  more  than:  (i)  ten
    47  percent;  or  (ii)  ten  million  dollars  in a school year shall, on or
    48  before July 1 of each school year, post to the district's website a plan
    49  by school year of how  such  funds  will  be  used  to  address  student
    50  performance and need, including but not limited to: (i) increasing grad-
    51  uation  rates  and  eliminating the achievement gap; (ii) reducing class
    52  sizes; (iii) providing supports for students who are not meeting, or  at
    53  risk  of  not meeting, state learning standards in core academic subject
    54  areas;  (iv)  addressing  student  social-emotional  health;  [and]  (v)
    55  providing adequate resources to English language learners, students with
    56  disabilities;  and  students  experiencing  homelessness; (vi) goals and

        S. 8006--C                         12                         A. 9006--C
 
     1  ratios for pupil support; and (vii) detailed summaries of investments in
     2  current year initiatives and balance  funds  spent  in  priority  areas.
     3  Prior  to  posting  such  plan,  each  school district shall seek public
     4  comment from parents, teachers and other stakeholders on the plan [and],
     5  take  such  comments  into  account  in the development of the plan, and
     6  include an analysis of  the  public  comments  within  the  plan.    The
     7  district  shall  submit such plan to the state education department in a
     8  form prescribed by the department, and the department shall post all  of
     9  the collected plans on its website.
    10    §  6.  Section  3602  of  the education law is amended by adding a new
    11  subdivision 6-i to read as follows:
    12    6-i. Building aid and the New York state energy research and  develop-
    13  ment  authority P-12 schools: clean green schools initiative. 1. For aid
    14  payable in the school years two thousand twenty-two--two thousand  twen-
    15  ty-three  and  thereafter,  notwithstanding  any provision of law to the
    16  contrary, the apportionment  to  any  district  under  subdivision  six,
    17  six-a,  six-b, six-c, six-e, six-f, or six-h of this section for capital
    18  outlays for school building projects for  energy  efficiency  shall  not
    19  exclude grants authorized pursuant to the New York state energy research
    20  and  development  authority P-12 schools: clean green schools initiative
    21  from aidable expenditures, provided that the sum of  apportionments  for
    22  these  projects  calculated  pursuant  to subdivision six, six-a, six-b,
    23  six-c, six-e, six-f, or six-h of this section and such grants shall  not
    24  exceed the actual project expenditures.
    25    2.  The New York state energy research and development authority shall
    26  provide a list of  energy  efficiency  grants  awarded  to  each  school
    27  district to the commissioner no later than one month prior to the end of
    28  each  calendar  year  and each school year.  This list shall include the
    29  capital construction project or projects funded by the grants, the award
    30  amounts of each individual project grant, the  district  receiving  such
    31  grants,  the  schools receiving such grants, the date on which the grant
    32  was received, and any other information necessary for the calculation of
    33  aid pursuant to subdivision six, six-a, six-b, six-c, six-e,  six-f,  or
    34  six-h of this section.
    35    § 7. Paragraph a of subdivision 4 of section 3204 of the education law
    36  is amended to read as follows:
    37    a.  A  full  time day school or class, except as otherwise prescribed,
    38  shall be in session for not less than one hundred [ninety]  eighty  days
    39  each year, [inclusive] exclusive of legal holidays that occur during the
    40  term of said school and exclusive of Saturdays.
    41    §  8.  Paragraph  s  of subdivision 1 of section 3602 of the education
    42  law, as amended by section 11 of part B of chapter 57  of  the  laws  of
    43  2007, is amended to read as follows:
    44    s.  "Extraordinary  needs  count" shall mean the sum of the product of
    45  the [limited English proficiency] English language learner count  multi-
    46  plied by fifty percent, plus, the poverty count and the sparsity count.
    47    §  9. Subdivision 6 of section 3602 of the education law is amended by
    48  adding a new paragraph k to read as follows:
    49    k. Final cost report penalties. (1)  All  acts  done  and  proceedings
    50  heretofore  had  and  taken,  or  caused  to be had and taken, by school
    51  districts and by all its officers or agents relating to or in connection
    52  with final building cost reports required to be filed with  the  commis-
    53  sioner  for  approved  building  projects  for  which  a  certificate of
    54  substantial completion was issued on  or  after  April  first,  nineteen
    55  hundred  ninety-five, and where a final cost report was not submitted by
    56  June thirtieth of the school year in which the certificate  of  substan-

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     1  tial  completion of the project was issued by the architect or engineer,
     2  or six months after issuance of such certificate, whichever  was  later,
     3  and  all  acts incidental thereto are hereby legalized, validated, rati-
     4  fied  and  confirmed,  notwithstanding  any  failure  to comply with the
     5  approval and filing provisions of the education law or any other law  or
     6  any  other  statutory  authority, rule or regulation, in relation to any
     7  omission, error, defect, irregularity or illegality in such  proceedings
     8  had and taken.
     9    (2) The commissioner is hereby directed to consider the approved costs
    10  of  the  aforementioned projects as valid and proper obligations of such
    11  school districts and shall not recover on or after July first, two thou-
    12  sand thirteen any penalty arising from the late filing of a  final  cost
    13  report,  provided that any amounts already so recovered on or after July
    14  first, two thousand thirteen  shall be deemed a payment  of  moneys  due
    15  for  prior  years pursuant to paragraph c of subdivision five of section
    16  thirty-six hundred four of this part and shall be paid to the  appropri-
    17  ate district pursuant to such provision, provided that:
    18    (a)  such school district submitted the late or missing final building
    19  cost report to the commissioner;
    20    (b) such cost report is approved by the commissioner;
    21    (c) all state funds expended by the school district, as documented  in
    22  such  cost  report,  were properly expended for such building project in
    23  accordance with the terms and conditions for such project as approved by
    24  the commissioner; and
    25    (d) the failure to submit such report in a timely manner was an  inad-
    26  vertent  administrative or ministerial oversight by the school district,
    27  and there is no evidence of any fraudulent or other improper  intent  by
    28  such district.
    29    §  10. Section 3625 of education law is amended by adding a new subdi-
    30  vision 5 to read as follows:
    31    5. Transportation contract penalties. a. All acts done and proceedings
    32  heretofore had and taken, or caused to  be  had  and  taken,  by  school
    33  districts and by all its officers or agents relating to or in connection
    34  with  a  transportation contract, to be filed with the department, where
    35  such contract was not timely executed and/or filed  within  one  hundred
    36  twenty  days of the commencement of service under such contract pursuant
    37  to subdivision two of this section and/or where  the  advertisement  for
    38  bids  for such contract did not meet the requirements set forth in para-
    39  graph a of subdivision fourteen of section three hundred  five  of  this
    40  chapter, and all acts incidental hereto are hereby legalized, validated,
    41  ratified  and confirmed, notwithstanding any failure to comply with such
    42  filing and/or advertising provision or  provisions,  provided  that  the
    43  conditions  in subparagraphs one, two, three, and four of paragraph b of
    44  this subdivision are met.
    45    b. The department is hereby directed to  consider  the  aforementioned
    46  contracts  for  transportation  aid  as valid and proper obligations and
    47  shall not recover from such school districts any  penalty  arising  from
    48  the failure to execute and/or file a transportation contract in a timely
    49  manner  and/or  meet  such advertisement requirements, provided that any
    50  amounts already so recovered shall be deemed a payment of moneys due for
    51  prior years pursuant to paragraph c of subdivision five of section thir-
    52  ty-six hundred four of this article and shall  be  paid  to  the  school
    53  district pursuant to such provision, provided that:
    54    (1)  such  school  district submitted the contract to the commissioner
    55  and such contract is for services in the two thousand twelve--two  thou-
    56  sand thirteen school year or thereafter;

        S. 8006--C                         14                         A. 9006--C
 
     1    (2) such contract is approved by the commissioner;
     2    (3)  all  state  funds  expended  by the school district were properly
     3  expended for such transportation as approved by the commissioner; and
     4    (4) the failure to execute or file such contract in  a  timely  manner
     5  and/or  meet such advertisement requirements was an inadvertent adminis-
     6  trative or ministerial oversight by the school district or due to exten-
     7  uating circumstances, and there is no  evidence  of  any  fraudulent  or
     8  other improper intent by such district, as determined by the commission-
     9  er.
    10    §  11.  Subdivision 2 of section 3625 of the education law, as amended
    11  by chapter 474 of the laws of 1996, is amended to read as follows:
    12    2. Filing of transportation contracts. Every  transportation  contract
    13  shall be filed with the department within one hundred twenty days of the
    14  commencement  of service under such contract.  No transportation expense
    15  shall be allowed for a period greater than one hundred twenty days prior
    16  to the filing of any contract for the transportation of pupils with  the
    17  education  department.  No  contract shall be considered filed unless it
    18  bears an original signature, in the case of a  written  document,  or  a
    19  certification, in the case of an approved electronic form, of the super-
    20  intendent of a school district or the designee of the superintendent and
    21  the  sole  trustee  or president of the board of education of the school
    22  district.  The final approval of any such contract by  the  commissioner
    23  shall  not,  however, obligate the state to allow transportation expense
    24  in an amount greater than the amount that would  be  allowed  under  the
    25  provisions  of  this part.   The state, acting through the department of
    26  audit and control, may examine any and all accounts of the contractor in
    27  connection with a contract for the transportation of pupils,  and  every
    28  such  contract  shall  contain  the following provision: "The contractor
    29  hereby consents to an audit of any and all financial records relating to
    30  this contract by the department of audit and control."
    31    § 11-a. Subdivision 1 of section 3625 of the education law, as amended
    32  by section 47 of part L of chapter 405 of the laws of 1999,  is  amended
    33  to read as follows:
    34    1. Form of transportation contracts. Every contract for transportation
    35  of school children shall be in writing or in an electronic form approved
    36  by  the  commissioner  when available, and before such contract is filed
    37  with the department as required by subdivision two of this section,  the
    38  same shall be submitted for approval to the superintendent of schools of
    39  said  district and such contract shall not be approved and filed by such
    40  superintendent unless he or she shall first investigate  the  same  with
    41  particular reference to the type of conveyance, the character and abili-
    42  ty  of  the  driver, the routes over which the conveyances shall travel,
    43  the time schedule, and such other matters as in  the  judgement  of  the
    44  superintendent are necessary for the comfort and protection of the chil-
    45  dren while being transported to and from school. Every such contract for
    46  transportation  of  children shall contain an agreement upon the part of
    47  the contractor that the vehicle shall come to a full stop before  cross-
    48  ing  the  track  or tracks of any railroad and before crossing any state
    49  highway.
    50    § 11-b. Subdivision 4 of section 3627 of the education law, as amended
    51  by section 14-f of part A of chapter 56 of the laws of 2020, is  amended
    52  to read as follows:
    53    4.  Notwithstanding  any  other  provision of law to the contrary, any
    54  expenditures for transportation provided pursuant to this section in the
    55  two thousand thirteen--two thousand fourteen school year and  thereafter
    56  and  otherwise  eligible  for transportation aid pursuant to subdivision

        S. 8006--C                         15                         A. 9006--C
 
     1  seven of section thirty-six hundred two of this article shall be consid-
     2  ered approved transportation expenses eligible for  transportation  aid,
     3  provided  further that for the two thousand thirteen--two thousand four-
     4  teen  school year such aid shall be limited to eight million one hundred
     5  thousand dollars and for the two thousand fourteen--two thousand fifteen
     6  school year such aid shall be limited to the sum of twelve  million  six
     7  hundred  thousand  dollars plus the base amount and for the two thousand
     8  fifteen--two thousand sixteen school year  through  two  thousand  eigh-
     9  teen--two thousand nineteen school year such aid shall be limited to the
    10  sum  of  eighteen  million eight hundred fifty thousand dollars plus the
    11  base amount[,] and for the two thousand  nineteen--two  thousand  twenty
    12  school  year  such  aid  shall be limited to the sum of nineteen million
    13  three hundred fifty thousand dollars plus the base amount[,] and for the
    14  two thousand twenty--two thousand twenty-one school year [and  thereaft-
    15  er]  such  aid  shall  be  limited  to the sum of nineteen million eight
    16  hundred fifty thousand dollars plus the base  amount  and  for  the  two
    17  thousand twenty-two--two thousand twenty-three school year and thereaft-
    18  er  such  aid  shall  be  limited to the sum of twenty-two million three
    19  hundred fifty thousand dollars plus the base  amount.  For  purposes  of
    20  this  subdivision,  "base amount" means the amount of transportation aid
    21  paid to the school district for expenditures incurred in the  two  thou-
    22  sand  twelve--two  thousand thirteen school year for transportation that
    23  would have been eligible for aid  pursuant  to  this  section  had  this
    24  section  been in effect in such school year, except that subdivision six
    25  of this section shall be deemed not to have been in effect. And provided
    26  further that the school district shall continue to annually  expend  for
    27  the transportation described in subdivision one of this section at least
    28  the expenditures used for the base amount.
    29    § 12. Intentionally omitted.
    30    § 13. Intentionally omitted.
    31    §  14. The closing paragraph of subdivision 5-a of section 3602 of the
    32  education law, as amended by section 12-b of part A of chapter 56 of the
    33  laws of 2021, is amended to read as follows:
    34    For the two thousand eight--two thousand nine school year, each school
    35  district shall be entitled to an apportionment equal to the  product  of
    36  fifteen  percent  and  the additional apportionment computed pursuant to
    37  this subdivision for the two thousand seven--two thousand  eight  school
    38  year.  For  the two thousand nine--two thousand ten through two thousand
    39  [twenty-one] twenty-two--two thousand [twenty-two]  twenty-three  school
    40  years,  each school district shall be entitled to an apportionment equal
    41  to the amount set forth for such school district  as  "SUPPLEMENTAL  PUB
    42  EXCESS  COST"  under  the heading "2008-09 BASE YEAR AIDS" in the school
    43  aid computer listing produced by the  commissioner  in  support  of  the
    44  budget for the two thousand nine--two thousand ten school year and enti-
    45  tled "SA0910".
    46    §  15. Subdivision 12 of section 3602 of the education law, as amended
    47  by section 13-a of part A of chapter 56 of the laws of 2021, is  amended
    48  to read as follows:
    49    12.  Academic  enhancement  aid. a. A school district that as of April
    50  first of the base year has been continuously identified as a district in
    51  need of improvement for at least five years shall, for the two  thousand
    52  eight--two  thousand  nine  school  year,  be  entitled to an additional
    53  apportionment equal to the positive remainder, if any, of (a) the lesser
    54  of fifteen million dollars or the product of the  total  foundation  aid
    55  base,  as  defined  by  paragraph  j of subdivision one of this section,
    56  multiplied by ten percent (0.10), less (b) the positive remainder of (i)

        S. 8006--C                         16                         A. 9006--C
 
     1  the sum of the total foundation aid apportioned pursuant to  subdivision
     2  four of this section and the supplemental educational improvement grants
     3  apportioned  pursuant to subdivision eight of section thirty-six hundred
     4  forty-one of this article, less (ii) the total foundation aid base.
     5    b.  For  the  two thousand nine--two thousand ten through two thousand
     6  fourteen--two thousand fifteen school years, each school district  shall
     7  be  entitled  to an apportionment equal to the amount set forth for such
     8  school district as "EDUCATION GRANTS, ACADEMIC  EN"  under  the  heading
     9  "2008-09  BASE YEAR AIDS" in the school aid computer listing produced by
    10  the commissioner in support of the budget for the two thousand nine--two
    11  thousand ten school year and entitled "SA0910", and  such  apportionment
    12  shall be deemed to satisfy the state obligation to provide an apportion-
    13  ment  pursuant to subdivision eight of section thirty-six hundred forty-
    14  one of this article.
    15    c. For the two  thousand  fifteen--two  thousand  sixteen  year,  each
    16  school  district  shall  be  entitled  to  an apportionment equal to the
    17  amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
    18  under  the  heading  "2014-15 ESTIMATED AIDS" in the school aid computer
    19  listing produced by the commissioner in support of the  budget  for  the
    20  two  thousand  fourteen--two  thousand  fifteen school year and entitled
    21  "SA141-5", and such apportionment shall be deemed to satisfy  the  state
    22  obligation  to provide an apportionment pursuant to subdivision eight of
    23  section thirty-six hundred forty-one of this article.
    24    d. For the two thousand sixteen--two thousand seventeen  school  year,
    25  each  school district shall be entitled to an apportionment equal to the
    26  amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
    27  under  the  heading  "2015-16 ESTIMATED AIDS" in the school aid computer
    28  listing produced by the commissioner in support of the  budget  for  the
    29  two  thousand  fifteen--two  thousand  sixteen  school year and entitled
    30  "SA151-6", and such apportionment shall be deemed to satisfy  the  state
    31  obligation  to provide an apportionment pursuant to subdivision eight of
    32  section thirty-six hundred forty-one of this article.
    33    e. For the two thousand seventeen--two thousand eighteen school  year,
    34  each  school district shall be entitled to an apportionment equal to the
    35  amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
    36  under  the  heading  "2016-17 ESTIMATED AIDS" in the school aid computer
    37  listing produced by the commissioner in support of the  budget  for  the
    38  two  thousand  sixteen--two  thousand seventeen school year and entitled
    39  "SA161-7", and such apportionment shall be deemed to satisfy  the  state
    40  obligation  to provide an apportionment pursuant to subdivision eight of
    41  section thirty-six hundred forty-one of this article.
    42    f. For the two thousand eighteen--two thousand nineteen  school  year,
    43  each  school district shall be entitled to an apportionment equal to the
    44  amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
    45  under  the  heading  "2017-18 ESTIMATED AIDS" in the school aid computer
    46  listing produced by the commissioner in support of the  budget  for  the
    47  two  thousand  seventeen--two thousand eighteen school year and entitled
    48  "SA171-8", and such apportionment shall be deemed to satisfy  the  state
    49  obligation  to provide an apportionment pursuant to subdivision eight of
    50  section thirty-six hundred forty-one of this article.
    51    g. For the two thousand nineteen--two  thousand  twenty  school  year,
    52  each  school district shall be entitled to an apportionment equal to the
    53  amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
    54  under  the  heading  "2018-19 ESTIMATED AIDS" in the school aid computer
    55  listing produced by the commissioner in support of the  budget  for  the
    56  two  thousand  eighteen--two  thousand nineteen school year and entitled

        S. 8006--C                         17                         A. 9006--C
 
     1  "SA181-9", and such apportionment shall be deemed to satisfy  the  state
     2  obligation  to provide an apportionment pursuant to subdivision eight of
     3  section thirty-six hundred forty-one of this article.
     4    h.  For  the two thousand twenty--two thousand twenty-one school year,
     5  each school district shall be entitled to an apportionment equal to  the
     6  amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
     7  under the heading "2019-20 ESTIMATED AIDS" in the  school  aid  computer
     8  listing  produced  by  the commissioner in support of the budget for the
     9  two thousand nineteen--two thousand  twenty  school  year  and  entitled
    10  "SA192-0",  and  such apportionment shall be deemed to satisfy the state
    11  obligation to provide an apportionment pursuant to subdivision eight  of
    12  section thirty-six hundred forty-one of this article.
    13    i.  For  the  two  thousand twenty-one--two thousand twenty-two school
    14  year and the two thousand twenty-two--two thousand  twenty-three  school
    15  year,  each  school district shall be entitled to an apportionment equal
    16  to the amount set forth for such school district as  "ACADEMIC  ENHANCE-
    17  MENT"  under  the  heading  "2020-21  ESTIMATED  AIDS" in the school aid
    18  computer listing produced by the commissioner in support of  the  budget
    19  for  the  two  thousand  twenty--two thousand twenty-one school year and
    20  entitled "SA202-1", and such apportionment shall be  deemed  to  satisfy
    21  the state obligation to provide an apportionment pursuant to subdivision
    22  eight of section thirty-six hundred forty-one of this article.
    23    §  16.  The opening paragraph of subdivision 16 of section 3602 of the
    24  education law, as amended by section 14-a of part A of chapter 56 of the
    25  laws of 2021, is amended to read as follows:
    26    Each school district shall be eligible  to  receive  a  high  tax  aid
    27  apportionment  in the two thousand eight--two thousand nine school year,
    28  which shall equal the greater of (i) the sum of the tier 1 high tax  aid
    29  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
    30  tax  aid apportionment or (ii) the product of the apportionment received
    31  by the school district pursuant to this subdivision in the two  thousand
    32  seven--two  thousand  eight  school  year, multiplied by the due-minimum
    33  factor, which shall equal, for districts with an alternate pupil  wealth
    34  ratio  computed  pursuant  to  paragraph  b of subdivision three of this
    35  section that is less than two, seventy percent (0.70), and for all other
    36  districts, fifty percent (0.50). Each school district shall be  eligible
    37  to  receive  a  high tax aid apportionment in the two thousand nine--two
    38  thousand ten through two thousand twelve--two thousand  thirteen  school
    39  years in the amount set forth for such school district as "HIGH TAX AID"
    40  under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
    41  listing produced by the commissioner in support of the  budget  for  the
    42  two  thousand  nine--two thousand ten school year and entitled "SA0910".
    43  Each school district shall be eligible to receive a high tax aid  appor-
    44  tionment in the two thousand thirteen--two thousand fourteen through two
    45  thousand [twenty-one] twenty-two--two thousand [twenty-two] twenty-three
    46  school  years  equal to the greater of (1) the amount set forth for such
    47  school district as "HIGH TAX AID" under the heading "2008-09  BASE  YEAR
    48  AIDS" in the school aid computer listing produced by the commissioner in
    49  support of the budget for the two thousand nine--two thousand ten school
    50  year  and  entitled "SA0910" or (2) the amount set forth for such school
    51  district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
    52  the school aid computer listing produced by the commissioner in  support
    53  of  the  executive  budget  for  the  2013-14  fiscal  year and entitled
    54  "BT131-4".

        S. 8006--C                         18                         A. 9006--C
 
     1    § 17. Subdivision 16 of section  3602-ee  of  the  education  law,  as
     2  amended  by  section  23 of part A of chapter 56 of the laws of 2021, is
     3  amended to read as follows:
     4    16.  The authority of the department to administer the universal full-
     5  day pre-kindergarten program shall expire June thirtieth,  two  thousand
     6  [twenty-two]  twenty-three; provided that the program shall continue and
     7  remain in full effect.
     8    § 17-a. Paragraph (c) of subdivision  8  of  section  3602-ee  of  the
     9  education  law,  as amended by section 31-a of part YYY of chapter 59 of
    10  the laws of 2017, subparagraph (ii) as amended by section 23-b of part A
    11  of chapter 56 of the laws of 2021, is amended to read as follows:
    12    (c) [(i)] for eligible agencies as defined in paragraph b of  subdivi-
    13  sion  one  of section thirty-six hundred two-e of this part that are not
    14  schools, a bachelor's degree in early childhood education [or a  related
    15  field  and a written plan to obtain a certification valid for service in
    16  the early childhood grades as  follows:].  Provided  however,  beginning
    17  with the two thousand twenty-two--two thousand twenty-three school year,
    18  a school district may annually apply to the commissioner by August first
    19  of  the  current  school  year  for  a waiver that would allow personnel
    20  employed by an eligible agency  that  is  collaborating  with  a  school
    21  district  to  provide prekindergarten services and licensed by an agency
    22  other than the department, to meet the staff  qualifications  prescribed
    23  by  the  licensing  or  registering  agency.   Provided further that the
    24  commissioner shall annually submit a report by September  first  to  the
    25  chairperson of the assembly ways and means committee, the chairperson of
    26  the  senate finance committee and the director of the budget which shall
    27  include but not be limited to the following: (a) a listing of the school
    28  districts receiving a waiver pursuant to this paragraph from the commis-
    29  sioner for the current school year; (b) the  number  and  proportion  of
    30  students  within each district receiving a waiver pursuant to this para-
    31  graph for the current school year that are  receiving  instruction  from
    32  personnel  employed  by  an eligible agency that is collaborating with a
    33  school district to provide prekindergarten services and licensed  by  an
    34  agency  other  than the department; and (c) the number and proportion of
    35  total prekindergarten  personnel  for  each  school  district  that  are
    36  providing  instructional  services  pursuant  to this paragraph that are
    37  employed by an eligible agency  that  is  collaborating  with  a  school
    38  district  to  provide prekindergarten services and licensed by an agency
    39  other than the department, to meet the staff  qualifications  prescribed
    40  by the licensing or registering agency.
    41    [(1) for teachers hired on or after the effective date of this section
    42  as  the  teacher  for  a  universal full-day pre-kindergarten classroom,
    43  within three years after  commencing  employment,  at  which  time  such
    44  certification shall be required for employment; and
    45    (2) for teachers hired by such provider prior to the effective date of
    46  this  section  for other early childhood care and education programs, no
    47  later than June thirtieth, two thousand seventeen, at  which  time  such
    48  certification shall be required for employment.
    49    (ii)  Provided  that, notwithstanding any provisions of this paragraph
    50  to the contrary, for the two thousand  seventeen-two  thousand  eighteen
    51  through  the  two  thousand  twenty-one--two  thousand twenty-two school
    52  years an exemption to the certification requirement of subparagraph  (i)
    53  of  this paragraph may be made for a teacher without certification valid
    54  for service in the early childhood grades who possesses a  written  plan
    55  to  obtain  certification and who has registered in the ASPIRE workforce
    56  registry as required under regulations of the commissioner of the office

        S. 8006--C                         19                         A. 9006--C

     1  of children and family services. Notwithstanding any exemption  provided
     2  by  this subparagraph, certification shall be required for employment no
     3  later than June thirtieth, two thousand twenty-two;  provided  that  for
     4  the two thousand twenty-one--two thousand twenty-two school year, school
     5  districts  with  teachers  seeking  an  exemption  to  the certification
     6  requirement of subparagraph (i) of this paragraph shall submit a  report
     7  to the commissioner regarding (A) the barriers to certification, if any,
     8  (B)  the  number  of uncertified teachers registered in the ASPIRE work-
     9  force registry teaching  pre-kindergarten  in  the  district,  including
    10  those  employed  by  a  community-based  organization, (C) the number of
    11  previously uncertified teachers  who  have  completed  certification  as
    12  required  by  this  subdivision,  and  (D)  the  expected  certification
    13  completion date of such teachers.]
    14    § 17-b. Paragraph d of subdivision 12 of section 3602-e of the  educa-
    15  tion  law,  as amended by section 19 of part B of chapter 57 of the laws
    16  of 2007, is amended to read as follows:
    17    d. transitional guidelines and rules which allow a program to meet the
    18  required staff qualifications  and  any  other  requirements  set  forth
    19  pursuant to this section and regulations adopted by the board of regents
    20  and  the  commissioner;  provided that such guidelines include an annual
    21  process by which a district may apply  to  the  commissioner  by  August
    22  first of the current school year for a waiver that would allow personnel
    23  employed  by  an  eligible  agency  that  is collaborating with a school
    24  district to provide prekindergarten services and licensed by  an  agency
    25  other  than  the department, to meet the staff qualifications prescribed
    26  by the licensing or registering  agency.  Provided,  further,  that  the
    27  commissioner  shall  annually  submit a report by September first to the
    28  chairperson of the assembly ways and means committee, the chairperson of
    29  the senate finance committee and the director of the budget which  shall
    30  include but not be limited to the following: (a) a listing of the school
    31  districts receiving a waiver pursuant to this paragraph from the commis-
    32  sioner  for  the  current  school year; (b) the number and proportion of
    33  students within each district receiving a waiver pursuant to this  para-
    34  graph  for  the  current school year that are receiving instruction from
    35  personnel employed by an eligible agency that is  collaborating  with  a
    36  school  district  to provide prekindergarten services and licensed by an
    37  agency other than the department; and (c) the number and  proportion  of
    38  total  prekindergarten  personnel  for  each  school  district  that are
    39  providing instructional services pursuant to  this  paragraph  that  are
    40  employed  by  an  eligible  agency  that  is collaborating with a school
    41  district to provide prekindergarten services and licensed by  an  agency
    42  other  than  the department, to meet the staff qualifications prescribed
    43  by the licensing or registering agency.
    44    § 17-c. Subparagraph (viii) of the opening paragraph of subdivision 10
    45  of section 3602-e of the education law, as amended by  section  23-c  of
    46  part  A of chapter 56 of the laws of 2021, is amended and a new subpara-
    47  graph (ix) is added to read as follows:
    48    (viii) for the two thousand twenty-one--two thousand twenty-two school
    49  year [and thereafter], each school district shall be eligible to receive
    50  a grant amount equal to the sum of (A) the amount  set  forth  for  such
    51  school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput-
    52  er  file  produced  by the commissioner in support of the enacted budget
    53  for the prior year  excluding  amounts  subject  to  section  thirty-six
    54  hundred  two-ee of this part and further excluding amounts paid pursuant
    55  to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old
    56  Universal Prekindergarten Expansion added pursuant  to  paragraph  e  of

        S. 8006--C                         20                         A. 9006--C
 
     1  subdivision nineteen of this section, provided that such school district
     2  has  met all requirements pursuant to this section and such grants shall
     3  be added into a four-year-old grant amount  based  on  the  amount  each
     4  district was eligible to receive in the base year to serve four-year-old
     5  prekindergarten  pupils[,  plus  (C)  the  amount awarded to such school
     6  district, subject to an available appropriation, through the  prekinder-
     7  garten  expansion  grant  for  the prior year, provided that such school
     8  district has met all requirements  pursuant  to  this  section  and  for
     9  purposes  of calculating the maintenance of effort reduction in subdivi-
    10  sion eleven of this section that such grant  amounts  shall  be  divided
    11  into  a four-year-old grant amount based on the amount each district was
    12  eligible to receive in the base year to serve  four-year-old  prekinder-
    13  garten pupils and a three-year-old grant amount based on the amount each
    14  district  was  eligible to receive in the base year to serve three-year-
    15  old pupils], and provided further  that  the  maximum  grant  shall  not
    16  exceed  the  total  actual  grant  expenditures  incurred  by the school
    17  district in the current school year as approved by the  commissioner[.],
    18  and
    19    (ix) for the two thousand twenty-two--two thousand twenty-three school
    20  year and thereafter, each school district shall be eligible to receive a
    21  grant  amount  equal  to  the  sum  of (A) the amount set forth for such
    22  school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput-
    23  er file produced by the commissioner in support of  the  enacted  budget
    24  for  the  prior  year  excluding  amounts  subject to section thirty-six
    25  hundred two-ee of this part and further excluding amounts paid  pursuant
    26  to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old
    27  Universal  Prekindergarten  Expansion  added  pursuant to paragraph e of
    28  subdivision nineteen of this section, provided that such school district
    29  has met all requirements pursuant to this section and such grants  shall
    30  be  added  into  a  four-year-old  grant amount based on the amount each
    31  district was eligible to receive in the base year to serve four-year-old
    32  prekindergarten pupils, plus (C) funds allocated pursuant to a universal
    33  prekindergarten expansion under subdivision twenty of this section as of
    34  the school aid computer listing produced by the commissioner in  support
    35  of  the  enacted  budget  for the current year, provided that such grant
    36  amounts shall be divided into a four-year-old grant amount based on  the
    37  amount  each  district was eligible to receive in the base year to serve
    38  four-year-old prekindergarten pupils, if any, and a three-year-old grant
    39  amount based on the amount each district was eligible to receive in  the
    40  base  year  to serve three-year-old pupils, if any, and provided further
    41  that the maximum grant shall not exceed the total actual grant  expendi-
    42  tures  incurred  by  the  school  district in the current school year as
    43  approved by the commissioner.
    44    § 17-d. Subparagraph (ii) of paragraph b of subdivision 10 of  section
    45  3602-e  of  the  education  law, as amended by section 23-c of part A of
    46  chapter 56 of the laws of 2021, is amended to read as follows:
    47    (ii) (1)  "Eligible  Full-day  four-year-old  prekindergarten  pupils"
    48  shall equal:
    49    For  the two thousand seventeen--two thousand eighteen school year the
    50  sum of, from the priority  full-day  prekindergarten  program,  (A)  the
    51  maximum  aidable  pupils such district was eligible to serve in the base
    52  year plus (B) the maximum aidable  number  of  half-day  prekindergarten
    53  pupils converted into a full-day prekindergarten pupil in the base year;
    54    For  the  two thousand eighteen--two thousand nineteen school year the
    55  sum of, from the programs pursuant to  this  section,  (A)  the  maximum
    56  aidable  full-day  prekindergarten  pupils such district was eligible to

        S. 8006--C                         21                         A. 9006--C
 
     1  serve in the base year plus (B) the maximum aidable number  of  half-day
     2  prekindergarten pupils converted into full-day prekindergarten pupils in
     3  the base year;
     4    For the two thousand nineteen--two thousand twenty school year the sum
     5  of,  from  each  of  (A)  the programs pursuant to this section, (B) the
     6  federal preschool development expansion grant, (C) the expanded  prekin-
     7  dergarten  program,  (D) the expanded prekindergarten program for three-
     8  and four-year-olds, and (E) the prekindergarten expansion grant, (1) the
     9  maximum  aidable  full-day  four-year-old  prekindergarten  pupils  such
    10  district  was  eligible  to serve in the base year, plus (2) the maximum
    11  aidable  number  of  half-day   four-year-old   prekindergarten   pupils
    12  converted into full-day prekindergarten pupils in the base year;
    13    For  the  two thousand twenty--two thousand twenty-one school year the
    14  sum of, from each of (A) the programs pursuant to this section  and  (B)
    15  the  pre-kindergarten  expansion grant, (1) the maximum aidable full-day
    16  four-year-old prekindergarten pupils such district was eligible to serve
    17  in the base year, plus (2) the maximum aidable number of half-day  four-
    18  year-old  prekindergarten pupils converted into full-day prekindergarten
    19  pupils in the base year;
    20    For the two thousand twenty-one--two thousand twenty-two  school  year
    21  [and  thereafter], the sum of, from the programs pursuant to this subdi-
    22  vision, (1) the maximum aidable full-day  four-year-old  prekindergarten
    23  pupils  such  district  was eligible to serve in the base year, plus (2)
    24  the maximum aidable number  of  half-day  four-year-old  prekindergarten
    25  pupils  converted into full-day prekindergarten pupils in the base year,
    26  plus (3) expansion slots added pursuant to paragraph  e  of  subdivision
    27  nineteen of this section.
    28    For the two thousand twenty-two--two thousand twenty-three school year
    29  and  thereafter, the sum of, from the programs pursuant to this subdivi-
    30  sion, (1) the maximum  aidable  full-day  four-year-old  prekindergarten
    31  pupils  such  district  was eligible to serve in the base year, plus (2)
    32  the maximum aidable number  of  half-day  four-year-old  prekindergarten
    33  pupils  converted into full-day prekindergarten pupils in the base year,
    34  plus (3) expansion slots calculated pursuant to  subdivision  twenty  of
    35  this section.
    36    § 17-e. Section 3602-e of the education law is amended by adding a new
    37  subdivision 20 to read as follows:
    38    20. Universal prekindergarten expansions.
    39     a. Two thousand twenty-two--two thousand twenty-three school year.
    40    (i) The universal prekindergarten expansion for the two thousand twen-
    41  ty-two--two  thousand  twenty-three  school year shall be equal to twice
    42  the product of (1) expansion slots multiplied by (2)  selected  aid  per
    43  prekindergarten  pupil  calculated pursuant to subparagraph (i) of para-
    44  graph b of subdivision ten of this section for the two thousand  twenty-
    45  two--two thousand twenty-three school year.
    46    (ii)  For purposes of this paragraph, "expansion slots" shall be slots
    47  for new full-day four-year-old prekindergarten pupils  for  purposes  of
    48  subparagraph  (ii)  of  paragraph  b  of subdivision 10 of this section.
    49  Expansion slots shall be equal to the positive difference,  if  any,  of
    50  (1)  the  product  of  fifty-nine  hundred  and nineteen ten thousandths
    51  (0.5919) multiplied by unserved four-year-old prekindergarten pupils  as
    52  defined  in  subparagraph (iv) of paragraph b of subdivision ten of this
    53  section less (2) the eligible four-year old students. If such  expansion
    54  slots  are greater than or equal to ten but less than twenty, the expan-
    55  sion slots shall be twenty; if such expansion slots are less  than  ten,
    56  the  expansion  slots shall be zero; and for a city school district in a

        S. 8006--C                         22                         A. 9006--C
 
     1  city having a population of one million or  more,  the  expansion  slots
     2  shall be zero.
     3    (iii)   For  purposes  of  this  paragraph,  "eligible  four-year  old
     4  students" shall be equal to the sum of (1) eligible full-day  four-year-
     5  old  prekindergarten pupils as defined in subparagraph (ii) of paragraph
     6  b of subdivision ten of this section for the  base  year  plus  (2)  the
     7  product  of  five  tenths  (0.5) and the eligible half-day four-year-old
     8  prekindergarten pupils as defined in subparagraph (ii) of paragraph b of
     9  subdivision ten of this section for the base year, plus (3) the  maximum
    10  number  of students that may be served by uncertified classroom teachers
    11  in full-day  prekindergarten  programs  funded  by  grants  pursuant  to
    12  section  thirty-six  hundred  two-ee of this part in the base year, plus
    13  (4) expansion slots for the base year pursuant to  subdivision  nineteen
    14  of this section.
    15    § 18. Intentionally omitted.
    16    § 19. The opening paragraph of section 3609-a of the education law, as
    17  amended  by  section  26 of part A of chapter 56 of the laws of 2021, is
    18  amended to read as follows:
    19    For aid payable in the two thousand seven--two thousand  eight  school
    20  year  through  the  two  thousand  [twenty-one] twenty-two--two thousand
    21  [twenty-two] twenty-three school year, "moneys apportioned"  shall  mean
    22  the  lesser  of  (i)  the  sum  of one hundred percent of the respective
    23  amount set forth for each school district as payable  pursuant  to  this
    24  section in the school aid computer listing for the current year produced
    25  by  the  commissioner in support of the budget which includes the appro-
    26  priation for the general support for public schools for  the  prescribed
    27  payments  and  individualized  payments due prior to April first for the
    28  current year plus the apportionment payable during  the  current  school
    29  year  pursuant  to  subdivision six-a and subdivision fifteen of section
    30  thirty-six hundred two of this part minus any reductions to current year
    31  aids pursuant to subdivision seven of section thirty-six hundred four of
    32  this part or any deduction from apportionment payable pursuant  to  this
    33  chapter  for  collection  of  a  school  district  basic contribution as
    34  defined in subdivision eight of section forty-four hundred one  of  this
    35  chapter,  less  any  grants  provided  pursuant to subparagraph two-a of
    36  paragraph b of subdivision four of section  ninety-two-c  of  the  state
    37  finance  law,  less  any grants provided pursuant to subdivision five of
    38  section ninety-seven-nnnn of the state  finance  law,  less  any  grants
    39  provided  pursuant  to  subdivision twelve of section thirty-six hundred
    40  forty-one of this article, or (ii) the apportionment calculated  by  the
    41  commissioner based on data on file at the time the payment is processed;
    42  provided however, that for the purposes of any payments made pursuant to
    43  this  section  prior  to  the  first business day of June of the current
    44  year, moneys apportioned shall not include any aids payable pursuant  to
    45  subdivisions  six  and  fourteen,  if  applicable, of section thirty-six
    46  hundred two of this part as current year aid for debt  service  on  bond
    47  anticipation  notes and/or bonds first issued in the current year or any
    48  aids payable for full-day kindergarten for the current year pursuant  to
    49  subdivision  nine  of  section  thirty-six hundred two of this part. The
    50  definitions of "base year" and "current year" as set forth  in  subdivi-
    51  sion  one  of section thirty-six hundred two of this part shall apply to
    52  this section. For aid payable in the two thousand  [twenty-one]  twenty-
    53  two--two  thousand  [twenty-two]  twenty-three school year, reference to
    54  such "school aid computer listing for the current year" shall  mean  the
    55  printouts entitled ["SA212-2"] "SA222-3".

        S. 8006--C                         23                         A. 9006--C
 
     1    §  19-a. Paragraph k of subdivision 4 of section 4405 of the education
     2  law, as added by section 37-f of part A of chapter 56  of  the  laws  of
     3  2021, is amended to read as follows:
     4    k.  (i)  The tuition methodology established pursuant to this subdivi-
     5  sion for the two thousand  twenty-one--two  thousand  twenty-two  school
     6  year [and annually thereafter] shall authorize approved private residen-
     7  tial or non-residential schools for the education of students with disa-
     8  bilities  that  are  located  within  the  state, and special act school
     9  districts to retain funds in excess of their allowable and  reimbursable
    10  costs   incurred  for  services  and  programs  provided  to  school-age
    11  students. The amount of funds that may be annually  retained  shall  not
    12  exceed  one percent of the school's or school district's total allowable
    13  and reimbursable costs for services and programs provided to  school-age
    14  students  for  the  school year from which the funds are to be retained;
    15  provided that the total accumulated balance that may be  retained  shall
    16  not  exceed  four  percent of such total costs for such school year; and
    17  provided further that such funds shall not be recoverable  on  reconcil-
    18  iation  of  tuition rates, and shall be separate from and in addition to
    19  any other authorization to retain surplus funds on reconciliation.
    20    (ii) The tuition methodology established pursuant to this  subdivision
    21  for  the  two thousand twenty-two--two thousand twenty-three school year
    22  and annually thereafter shall authorize  approved  providers  to  retain
    23  funds  in  excess of their allowable and reimbursable costs incurred for
    24  services and programs provided to school-age and preschool students. The
    25  amount of funds that may be  annually  retained  shall  not  exceed  the
    26  allowable  surplus percentage of the approved provider's total allowable
    27  and reimbursable costs for services and programs provided to  school-age
    28  and preschool students for the school year from which the funds  are  to
    29  be  retained,  as  defined  in  subparagraph  (iii)  of  this paragraph;
    30  provided that such funds shall not be recoverable on  reconciliation  of
    31  tuition  rates.  For purposes of this subparagraph, "approved providers"
    32  shall mean private residential or non-residential schools for the educa-
    33  tion of students with disabilities that are located  within  the  state,
    34  special  act school districts, and programs approved pursuant to section
    35  forty-four hundred ten of this article that are subject to tuition  rate
    36  reconciliation.
    37    (iii)  The  approved  surplus  percentage  shall be as follows: eleven
    38  percent for  the  two  thousand  twenty-two--two  thousand  twenty-three
    39  through two thousand twenty-four--two thousand twenty-five school years,
    40  eight  percent for the two thousand twenty-five--two thousand twenty-six
    41  school year, five percent for the two thousand twenty-six--two  thousand
    42  twenty-seven  school  year, and two percent for the two thousand twenty-
    43  seven--two thousand twenty-eight school year and annually thereafter.
    44    (iv) Funds authorized to be  retained  under  this  paragraph  may  be
    45  expended only pursuant to an authorization of the governing board of the
    46  school  [or],  school  district  or program approved pursuant to section
    47  forty-four hundred ten of this article, for a purpose expressly  author-
    48  ized  as  part of the approved tuition methodology for the year in which
    49  the funds are to be expended, provided that funds may be expended to pay
    50  prior year outstanding debts.  Any  school  [or],  school  district,  or
    51  program  approved  pursuant  to  section  forty-four hundred ten of this
    52  article that retains funds pursuant to this paragraph shall be  required
    53  to annually report a statement of the total balance of any such retained
    54  funds,  the  amount,  if  any,  retained  in  the prior school year, the
    55  amount, if any, dispersed in the prior school year, and  any  additional

        S. 8006--C                         24                         A. 9006--C
 
     1  information requested by the department as part of the financial reports
     2  that are required to be annually submitted to the department.
     3    §  20.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
     4  relating to funding a program for work force education conducted by  the
     5  consortium  for worker education in New York city, as amended by section
     6  39 of part A of chapter 56 of the laws of 2021, is amended  to  read  as
     7  follows:
     8    b.  Reimbursement for programs approved in accordance with subdivision
     9  a of this section for the reimbursement for the 2018--2019  school  year
    10  shall not exceed 59.4 percent of the lesser of such approvable costs per
    11  contact hour or fourteen dollars and ninety-five cents per contact hour,
    12  reimbursement  for  the  2019--2020  school  year  shall not exceed 57.7
    13  percent of the lesser of such  approvable  costs  per  contact  hour  or
    14  fifteen  dollars  sixty  cents  per  contact hour, reimbursement for the
    15  2020--2021 school year shall not exceed 56.9 percent of  the  lesser  of
    16  such  approvable  costs  per contact hour or sixteen dollars and twenty-
    17  five cents per contact hour,  [and]  reimbursement  for  the  2021--2022
    18  school year shall not exceed 56.0 percent of the lesser of such approva-
    19  ble  costs  per  contact  hour  or  sixteen  dollars and forty cents per
    20  contact hour, and reimbursement for the 2022--2023 school year shall not
    21  exceed 55.7 percent of the lesser of such approvable costs  per  contact
    22  hour  or  sixteen  dollars and sixty cents per contact hour, and where a
    23  contact hour represents sixty minutes of instruction  services  provided
    24  to an eligible adult.  Notwithstanding any other provision of law to the
    25  contrary,  for  the  2018--2019 school year such contact hours shall not
    26  exceed one  million  four  hundred  sixty-three  thousand  nine  hundred
    27  sixty-three  (1,463,963);  for  the  2019--2020 school year such contact
    28  hours shall not exceed one million four hundred forty-four thousand four
    29  hundred forty-four (1,444,444); for  the  2020--2021  school  year  such
    30  contact  hours  shall  not  exceed one million four hundred six thousand
    31  nine hundred twenty-six (1,406,926); [and]  for  the  2021--2022  school
    32  year  such  contact  hours  shall  not  exceed  one million four hundred
    33  sixteen  thousand  one  hundred  twenty-two  (1,416,122);  and  for  the
    34  2022--2023  school  year such contact hours shall not exceed one million
    35  four hundred six thousand nine hundred twenty-six (1,406,926).  Notwith-
    36  standing  any  other provision of law to the contrary, the apportionment
    37  calculated for the city school district of the city of New York pursuant
    38  to subdivision 11 of section 3602 of the education law shall be computed
    39  as if such contact hours provided by the consortium  for  worker  educa-
    40  tion,  not  to  exceed the contact hours set forth herein, were eligible
    41  for aid in accordance with the provisions  of  such  subdivision  11  of
    42  section 3602 of the education law.
    43    §  21. Section 4 of chapter 756 of the laws of 1992, relating to fund-
    44  ing a program for work force education conducted by the  consortium  for
    45  worker  education  in New York city, is amended by adding a new subdivi-
    46  sion aa to read as follows:
    47    aa. The provisions of this  subdivision  shall  not  apply  after  the
    48  completion  of payments for the 2022-23 school year. Notwithstanding any
    49  inconsistent provisions of law,  the  commissioner  of  education  shall
    50  withhold  a  portion  of employment preparation education aid due to the
    51  city school district of the city of New York to support a portion of the
    52  costs of the work force education program. Such moneys shall be credited
    53  to the elementary and secondary education fund-local assistance  account
    54  and shall not exceed thirteen million dollars ($13,000,000).
    55    §  22. Section 6 of chapter 756 of the laws of 1992, relating to fund-
    56  ing a program for work force education conducted by the  consortium  for

        S. 8006--C                         25                         A. 9006--C
 
     1  worker education in New York city, as amended by section 41 of part A of
     2  chapter 56 of the laws of 2021, is amended to read as follows:
     3    §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
     4  repealed on June 30, [2022] 2023.
     5    § 22-a. Paragraph a-1 of subdivision 11 of section 3602 of the  educa-
     6  tion law, as amended by section 41-a of part A of chapter 56 of the laws
     7  of 2021, is amended to read as follows:
     8    a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
     9  sion, for aid payable in the school years two thousand--two thousand one
    10  through two thousand nine--two thousand ten, and two  thousand  eleven--
    11  two  thousand  twelve  through two thousand [twenty-one] twenty-two--two
    12  thousand [twenty-two] twenty-three, the commissioner may  set  aside  an
    13  amount  not to exceed two million five hundred thousand dollars from the
    14  funds appropriated for purposes of this subdivision for the  purpose  of
    15  serving  persons  twenty-one  years  of  age  or older who have not been
    16  enrolled in any school for the preceding school year, including  persons
    17  who  have  received  a  high  school  diploma or high school equivalency
    18  diploma but  fail  to  demonstrate  basic  educational  competencies  as
    19  defined  in  regulation  by  the commissioner, when measured by accepted
    20  standardized tests, and who shall be eligible to attend employment prep-
    21  aration education programs operated pursuant to this subdivision.
    22    § 22-b. Section 5 of chapter 537 of the  laws  of  1976,  relating  to
    23  paid,  free  and  reduced price breakfast for eligible pupils in certain
    24  school districts, as added by section 2 of part B of chapter 56  of  the
    25  laws of 2018, is amended to read as follows:
    26    §  5.  a.  Notwithstanding  any  monetary  limitations with respect to
    27  school lunch programs contained in any law  or  regulation,  for  school
    28  lunch  meals served in the school year commencing July 1, 2019 and [each
    29  July 1 thereafter] ending June 30, 2022, a school food  authority  shall
    30  be  eligible  for a lunch meal State subsidy of twenty-five cents, which
    31  shall include any annual State subsidy  received  by  such  school  food
    32  authority  under  any other provision of State law, for any school lunch
    33  meal served by such school food authority; provided that the school food
    34  authority certifies to the State Education Department through the appli-
    35  cation submitted pursuant to subdivision [b] c of this section that such
    36  food authority has purchased at least thirty percent of its  total  cost
    37  of  food  products  for  its  school lunch service program from New York
    38  state farmers, growers, producers or processors in the preceding  school
    39  year.
    40    b.  Notwithstanding  any  monetary  limitations with respect to school
    41  lunch programs contained in any law  or  regulation,  for  school  lunch
    42  meals  served in the school year commencing July 1, 2022 and each July 1
    43  thereafter, a school food authority shall be eligible for a  lunch  meal
    44  State subsidy of twenty-five cents, which shall include any annual State
    45  subsidy received by such school food authority under any other provision
    46  of  State  law,  for  any  school  lunch meal served by such school food
    47  authority; provided that the school  food  authority  certifies  to  the
    48  Department  of Agriculture and Markets through the application submitted
    49  pursuant to subdivision c of this section that such food  authority  has
    50  purchased at least thirty percent of its total cost of food products for
    51  its  school  lunch service program from New York state farmers, growers,
    52  producers or processors in the preceding school year.
    53    c. The [State Education Department, in cooperation with  the]  Depart-
    54  ment  of Agriculture and Markets in cooperation with the State Education
    55  Department, shall develop an application for school food authorities  to
    56  seek  an additional State subsidy pursuant to this section in a timeline

        S. 8006--C                         26                         A. 9006--C
 
     1  and format prescribed by the commissioner of [education] agriculture and
     2  markets. Such application shall include, but not be limited to, documen-
     3  tation demonstrating the school food authority's  total  food  purchases
     4  for  its  school  lunch service program, and documentation demonstrating
     5  its total food purchases and percentages for such program from New  York
     6  State  farmers, growers, producers or processors in the preceding school
     7  year. The application shall also include an attestation from the  school
     8  food  authority's  chief  operating  officer  that it purchased at least
     9  thirty percent of its total cost of food products for its  school  lunch
    10  service  program  from  New  York  State  farmers, growers, producers or
    11  processors in the preceding school year in order to  meet  the  require-
    12  ments  for  this additional State subsidy. School food authorities shall
    13  be required to annually apply for this subsidy. After  reviewing  school
    14  food authorities' completed applications for an additional State subsidy
    15  pursuant  to  this  section,  the  Department of Agriculture and Markets
    16  shall certify to the State Education Department the school food authori-
    17  ties approved for such additional State subsidy and the State  Education
    18  Department  shall  pay such additional State subsidy to such school food
    19  authorities.
    20    [c.] d. The [State Education] Department of  Agriculture  and  Markets
    21  shall  annually publish information on its website commencing on Septem-
    22  ber 1, [2019] 2022 and each September 1  thereafter,  relating  to  each
    23  school  food  authority  that  applied  for and received this additional
    24  State subsidy, including but not limited to: the school  food  authority
    25  name,  student enrollment, average daily lunch participation, total food
    26  costs for its school lunch service program, total cost of food  products
    27  for its school lunch service program purchased from New York State farm-
    28  ers,  growers,  producers  or  processors, and the percent of total food
    29  costs that were purchased from New York State farmers, growers,  produc-
    30  ers or processors for its school lunch service program.
    31    § 23. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
    32  relating  to certain provisions related to the 1994-95 state operations,
    33  aid to localities, capital projects and debt service budgets, as amended
    34  by section 33 of part A of chapter 56 of the laws of 2020, is amended to
    35  read as follows:
    36    1. Sections one through seventy of this act shall be  deemed  to  have
    37  been  in  full  force  and effect as of April 1, 1994 provided, however,
    38  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
    39  through seventy of this act shall expire and be deemed repealed on March
    40  31, 2000; provided, however, that section twenty of this act shall apply
    41  only  to  hearings  commenced  prior  to September 1, 1994, and provided
    42  further that section twenty-six of this act shall expire and  be  deemed
    43  repealed  on  March  31,  1997;  and provided further that sections four
    44  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
    45  twenty-one-a of this act shall expire and be deemed  repealed  on  March
    46  31,  1997; and provided further that sections three, fifteen, seventeen,
    47  twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
    48  deemed repealed on March 31, [2022] 2024.
    49    §  24.  Section  12  of  chapter 147 of the laws of 2001, amending the
    50  education law relating to conditional appointment  of  school  district,
    51  charter school or BOCES employees, as amended by section 42 of part A of
    52  chapter 56 of the laws of 2021, is amended to read as follows:
    53    §  12.  This  act shall take effect on the same date as chapter 180 of
    54  the laws of 2000 takes effect, and shall expire July 1, [2022] 2023 when
    55  upon such date the provisions of this act shall be deemed repealed.

        S. 8006--C                         27                         A. 9006--C
 
     1    § 25. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
     2  education  law  relating  to  the  provision of supplemental educational
     3  services, attendance at a safe  public  school  and  the  suspension  of
     4  pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
     5  amended  by  section  43 of part A of chapter 56 of the laws of 2021, is
     6  amended to read as follows:
     7    § 4. This act shall take effect July 1, 2002 and section one  of  this
     8  act shall expire and be deemed repealed June 30, 2019[, and sections two
     9  and  three  of  this act shall expire and be deemed repealed on June 30,
    10  2022].
    11    § 26. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
    12  education law relating to the implementation of the No Child Left Behind
    13  Act  of  2001,  as  amended by section 44 of part A of chapter 56 of the
    14  laws of 2021, is amended to read as follows:
    15    § 5. This act shall take effect immediately[; provided  that  sections
    16  one,  two  and  three of this act shall expire and be deemed repealed on
    17  June 30, 2022].
    18    § 27. Section 2 of chapter 552 of  the  laws  of  1995,  amending  the
    19  education  law  relating  to  contracts for the transportation of school
    20  children, as amended by section 45 of part YYY of chapter 59 of the laws
    21  of 2019, is amended to read as follows:
    22    § 2. This act shall take effect on  the  first  day  of  January  next
    23  succeeding the date on which it shall have become a law and shall remain
    24  in  full  force  and effect until January 1, [2023] 2028, when upon such
    25  date the provisions of this act shall be deemed repealed.
    26    § 28. School bus driver training. In addition to apportionments other-
    27  wise provided by section 3602 of the education law, for aid  payable  in
    28  the  2022-2023  through the 2026-2027 school years, subject to available
    29  appropriation, the commissioner of education shall allocate  school  bus
    30  driver  training  grants  to  school districts and boards of cooperative
    31  educational services pursuant to sections 3650-a, 3650-b and  3650-c  of
    32  the  education law, or for contracts directly with not-for-profit educa-
    33  tional organizations for the purposes of  this  section.  Such  payments
    34  shall  not  exceed  four  hundred thousand dollars ($400,000) per school
    35  year.
    36    § 29. Special apportionment for salary  expenses.  a.  Notwithstanding
    37  any  other  provision  of  law,  upon application to the commissioner of
    38  education, not sooner than the first day of  the  second  full  business
    39  week  of  June  2023  and  not later than the last day of the third full
    40  business week of June 2023, a school district eligible for an apportion-
    41  ment pursuant to section 3602 of the education law shall be eligible  to
    42  receive  an  apportionment pursuant to this section, for the school year
    43  ending June 30, 2023, for salary expenses incurred between April  1  and
    44  June 30, 2022 and such apportionment shall not exceed the sum of (i) the
    45  deficit  reduction assessment of 1990--1991 as determined by the commis-
    46  sioner of education, pursuant to paragraph f of subdivision 1 of section
    47  3602 of the education law, as in effect through June 30, 1993, plus (ii)
    48  186 percent of such amount for a city school district in a city  with  a
    49  population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
    50  such  amount  for  a city school district in a city with a population of
    51  more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
    52  ing  to  the  latest  federal  census, plus (iv) the net gap elimination
    53  adjustment for 2010--2011, as determined by the commissioner  of  educa-
    54  tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
    55  nation  adjustment  for  2011--2012 as determined by the commissioner of
    56  education pursuant to subdivision 17 of section 3602  of  the  education

        S. 8006--C                         28                         A. 9006--C

     1  law,  and provided further that such apportionment shall not exceed such
     2  salary expenses. Such application shall be made by  a  school  district,
     3  after the board of education or trustees have adopted a resolution to do
     4  so and in the case of a city school district in a city with a population
     5  in excess of 125,000 inhabitants, with the approval of the mayor of such
     6  city.
     7    b.  The  claim  for  an  apportionment to be paid to a school district
     8  pursuant to subdivision a of this section  shall  be  submitted  to  the
     9  commissioner  of  education  on  a form prescribed for such purpose, and
    10  shall be payable upon determination by such commissioner that  the  form
    11  has been submitted as prescribed. Such approved amounts shall be payable
    12  on  the  same  day in September of the school year following the year in
    13  which application was made as funds provided pursuant to subparagraph  4
    14  of  paragraph  b  of  subdivision 4 of section 92-c of the state finance
    15  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    16  certified  or  approved  by  the commissioner of education in the manner
    17  prescribed by law from moneys in the state lottery  fund  and  from  the
    18  general  fund  to  the  extent that the amount paid to a school district
    19  pursuant to this section exceeds the amount, if  any,  due  such  school
    20  district  pursuant  to subparagraph 2 of paragraph a of subdivision 1 of
    21  section 3609-a of the education law in the  school  year  following  the
    22  year in which application was made.
    23    c.  Notwithstanding  the provisions of section 3609-a of the education
    24  law, an amount equal to the amount paid to a school district pursuant to
    25  subdivisions a and b of this section shall first be  deducted  from  the
    26  following  payments  due  the  school  district  during  the school year
    27  following the year in which application was made  pursuant  to  subpara-
    28  graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
    29  3609-a of the education law in the following order: the  lottery  appor-
    30  tionment  payable  pursuant to subparagraph 2 of such paragraph followed
    31  by the fixed fall payments payable pursuant to subparagraph  4  of  such
    32  paragraph  and then followed by the district's payments to the teachers'
    33  retirement system pursuant to subparagraph 1 of such paragraph, and  any
    34  remainder  to  be  deducted  from  the  individualized  payments due the
    35  district pursuant to paragraph b of such subdivision shall  be  deducted
    36  on  a  chronological  basis  starting  with the earliest payment due the
    37  district.
    38    § 30. Special apportionment for public pension accruals. a.   Notwith-
    39  standing any other provision of law, upon application to the commission-
    40  er  of education, not later than June 30, 2023, a school district eligi-
    41  ble for an apportionment pursuant to section 3602 of the  education  law
    42  shall  be eligible to receive an apportionment pursuant to this section,
    43  for the school year ending June 30, 2023 and  such  apportionment  shall
    44  not  exceed  the  additional  accruals  required  to  be  made by school
    45  districts in the 2004--2005 and 2005--2006 school years associated  with
    46  changes  for  such  public pension liabilities. The amount of such addi-
    47  tional accrual shall be certified to the commissioner  of  education  by
    48  the  president of the board of education or the trustees or, in the case
    49  of a city school district in a city  with  a  population  in  excess  of
    50  125,000  inhabitants,  the mayor of such city. Such application shall be
    51  made by a school district, after the board of education or trustees have
    52  adopted a resolution to do so and in the case of a city school  district
    53  in  a  city with a population in excess of 125,000 inhabitants, with the
    54  approval of the mayor of such city.
    55    b. The claim for an apportionment to be  paid  to  a  school  district
    56  pursuant  to  subdivision  a  of  this section shall be submitted to the

        S. 8006--C                         29                         A. 9006--C
 
     1  commissioner of education on a form prescribed  for  such  purpose,  and
     2  shall  be  payable upon determination by such commissioner that the form
     3  has been submitted as prescribed. Such approved amounts shall be payable
     4  on  the  same  day in September of the school year following the year in
     5  which application was made as funds provided pursuant to subparagraph  4
     6  of  paragraph  b  of  subdivision 4 of section 92-c of the state finance
     7  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
     8  certified  or  approved  by  the commissioner of education in the manner
     9  prescribed by law from moneys in the state lottery  fund  and  from  the
    10  general  fund  to  the  extent that the amount paid to a school district
    11  pursuant to this section exceeds the amount, if  any,  due  such  school
    12  district  pursuant  to subparagraph 2 of paragraph a of subdivision 1 of
    13  section 3609-a of the education law in the  school  year  following  the
    14  year in which application was made.
    15    c.  Notwithstanding  the provisions of section 3609-a of the education
    16  law, an amount equal to the amount paid to a school district pursuant to
    17  subdivisions a and b of this section shall first be  deducted  from  the
    18  following  payments  due  the  school  district  during  the school year
    19  following the year in which application was made  pursuant  to  subpara-
    20  graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
    21  3609-a of the education law in the following order: the  lottery  appor-
    22  tionment  payable  pursuant to subparagraph 2 of such paragraph followed
    23  by the fixed fall payments payable pursuant to subparagraph  4  of  such
    24  paragraph  and then followed by the district's payments to the teachers'
    25  retirement system pursuant to subparagraph 1 of such paragraph, and  any
    26  remainder  to  be  deducted  from  the  individualized  payments due the
    27  district pursuant to paragraph b of such subdivision shall  be  deducted
    28  on  a  chronological  basis  starting  with the earliest payment due the
    29  district.
    30    § 30-a. Subdivision a of section 5 of chapter 121 of the laws of 1996,
    31  relating to authorizing the Roosevelt  union  free  school  district  to
    32  finance  deficits by the issuance of serial bonds, as amended by section
    33  46-a of part A of chapter 56 of the laws of 2021, is amended to read  as
    34  follows:
    35    a.  Notwithstanding  any  other provisions of law, upon application to
    36  the commissioner of education submitted not sooner than April first  and
    37  not  later than June thirtieth of the applicable school year, the Roose-
    38  velt union free school district shall be eligible to receive  an  appor-
    39  tionment pursuant to this chapter for salary expenses, including related
    40  benefits, incurred between April first and June thirtieth of such school
    41  year.   Such apportionment shall not exceed: for the 1996-97 school year
    42  through  the  [2021-22]  2022-23  school  year,  four  million   dollars
    43  ($4,000,000);  for  the  [2022-23]  2023-24  school  year, three million
    44  dollars ($3,000,000); for the [2023-24] 2024-25 school year, two million
    45  dollars ($2,000,000); for the [2024-25] 2025-26 school year, one million
    46  dollars ($1,000,000); and for the [2025-26] 2026-27  school  year,  zero
    47  dollars.    Such  annual  application  shall  be made after the board of
    48  education has adopted a resolution to do so with  the  approval  of  the
    49  commissioner of education.
    50    §  31.  Section  1950  of the education law is amended by adding a new
    51  subdivision 8-d to read as follows:
    52    8-d. Notwithstanding the provision of any law, rule, or regulation  to
    53  the  contrary,  the  city school district of the city of Rochester, upon
    54  the consent of the board of  cooperative  educational  services  of  the
    55  supervisory  district  serving  its geographic region, may purchase from

        S. 8006--C                         30                         A. 9006--C
 
     1  such board as a non-component  school  district,  services  required  by
     2  article nineteen of the education law.
     3    §  31-a.  Subdivision  6-a of section 140 of chapter 82 of the laws of
     4  1995, amending the education law and  certain  other  laws  relating  to
     5  state  aid  to  school  districts and the appropriation of funds for the
     6  support of government, as amended by section 41 of part YYY  of  chapter
     7  59 of the laws of 2017, is amended to read as follows:
     8    (6-a) Section seventy-three of this act shall take effect July 1, 1995
     9  and shall be deemed repealed June 30, [2022] 2027;
    10    §  32. The amounts specified in this section shall be a set-aside from
    11  the state funds which each such district is  receiving  from  the  total
    12  foundation aid:
    13    a.  for the development, maintenance or expansion of magnet schools or
    14  magnet school programs for the 2022--2023  school  year.  For  the  city
    15  school  district  of  the city of New York there shall be a set-aside of
    16  foundation aid equal to forty-eight  million  one  hundred  seventy-five
    17  thousand  dollars  ($48,175,000) including five hundred thousand dollars
    18  ($500,000) for the Andrew Jackson High  School;  for  the  Buffalo  city
    19  school   district,   twenty-one  million  twenty-five  thousand  dollars
    20  ($21,025,000); for the Rochester city school district,  fifteen  million
    21  dollars  ($15,000,000);  for the Syracuse city school district, thirteen
    22  million dollars ($13,000,000); for the  Yonkers  city  school  district,
    23  forty-nine  million five hundred thousand dollars ($49,500,000); for the
    24  Newburgh city school district, four million six hundred forty-five thou-
    25  sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
    26  two million four hundred seventy-five thousand dollars ($2,475,000); for
    27  the Mount Vernon city school district, two million dollars ($2,000,000);
    28  for  the New Rochelle city school district, one million four hundred ten
    29  thousand dollars ($1,410,000); for the Schenectady city school district,
    30  one million eight hundred thousand dollars ($1,800,000);  for  the  Port
    31  Chester  city  school  district,  one million one hundred fifty thousand
    32  dollars ($1,150,000); for the White Plains city  school  district,  nine
    33  hundred  thousand  dollars ($900,000); for the Niagara Falls city school
    34  district, six hundred thousand dollars ($600,000); for the  Albany  city
    35  school  district,  three  million  five  hundred  fifty thousand dollars
    36  ($3,550,000); for the Utica city school district,  two  million  dollars
    37  ($2,000,000);  for  the Beacon city school district, five hundred sixty-
    38  six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
    39  district,  four  hundred  thousand  dollars ($400,000); for the Freeport
    40  union free school district, four hundred  thousand  dollars  ($400,000);
    41  for  the  Greenburgh  central  school  district,  three hundred thousand
    42  dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
    43  hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
    44  district, two hundred thousand dollars ($200,000); and  for  the  Hudson
    45  city school district, four hundred thousand dollars ($400,000).
    46    b.  Notwithstanding any inconsistent provision of law to the contrary,
    47  a school district setting aside such foundation  aid  pursuant  to  this
    48  section  may  use  such  set-aside  funds  for: (i) any instructional or
    49  instructional support costs associated with the operation  of  a  magnet
    50  school; or (ii) any instructional or instructional support costs associ-
    51  ated with implementation of an alternative approach to promote diversity
    52  and/or enhancement of the instructional program and raising of standards
    53  in  elementary and secondary schools of school districts having substan-
    54  tial concentrations of minority students.
    55    c. The commissioner of education shall not be authorized  to  withhold
    56  foundation aid from a school district that used such funds in accordance

        S. 8006--C                         31                         A. 9006--C
 
     1  with  this  paragraph,  notwithstanding any inconsistency with a request
     2  for proposals issued by such commissioner for the purpose of  attendance
     3  improvement  and  dropout prevention for the 2022--2023 school year, and
     4  for  any city school district in a city having a population of more than
     5  one million,  the  set-aside  for  attendance  improvement  and  dropout
     6  prevention  shall  equal  the amount set aside in the base year. For the
     7  2022--2023 school year, it is further  provided  that  any  city  school
     8  district  in  a  city having a population of more than one million shall
     9  allocate at least one-third of any increase from  base  year  levels  in
    10  funds set aside pursuant to the requirements of this section to communi-
    11  ty-based  organizations.  Any increase required pursuant to this section
    12  to community-based organizations must  be  in  addition  to  allocations
    13  provided to community-based organizations in the base year.
    14    d.  For the purpose of teacher support for the 2022--2023 school year:
    15  for the city school district of the city of New York, sixty-two  million
    16  seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
    17  school  district,  one  million seven hundred forty-one thousand dollars
    18  ($1,741,000); for the Rochester city school district, one million seven-
    19  ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
    20  district,   one   million   one  hundred  forty-seven  thousand  dollars
    21  ($1,147,000); and for the Syracuse city school district,  eight  hundred
    22  nine  thousand  dollars ($809,000). All funds made available to a school
    23  district pursuant to this section shall be  distributed  among  teachers
    24  including  prekindergarten teachers and teachers of adult vocational and
    25  academic subjects in accordance with this section and shall be in  addi-
    26  tion  to  salaries heretofore or hereafter negotiated or made available;
    27  provided, however, that all funds distributed pursuant to  this  section
    28  for  the  current year shall be deemed to incorporate all funds distrib-
    29  uted pursuant to former subdivision 27 of section 3602 of the  education
    30  law  for prior years. In school districts where the teachers are repres-
    31  ented by certified or  recognized  employee  organizations,  all  salary
    32  increases  funded  pursuant to this section shall be determined by sepa-
    33  rate collective negotiations conducted pursuant to  the  provisions  and
    34  procedures  of  article 14 of the civil service law, notwithstanding the
    35  existence of a negotiated agreement between  a  school  district  and  a
    36  certified or recognized employee organization.
    37    §  33.  Support  of  public libraries. The moneys appropriated for the
    38  support of public libraries by a chapter of the laws  of  2022  enacting
    39  the  aid  to  localities  budget shall be apportioned for the 2022--2023
    40  state fiscal year in accordance with the  provisions  of  sections  271,
    41  272,  273,  282,  284,  and  285  of the education law as amended by the
    42  provisions of this chapter and the provisions of this section,  provided
    43  that library construction aid pursuant to section 273-a of the education
    44  law  shall  not  be  payable  from the appropriations for the support of
    45  public libraries and provided further that no library, library system or
    46  program, as defined by the commissioner of education, shall receive less
    47  total system or program aid than it received  for  the  year  2001--2002
    48  except as a result of a reduction adjustment necessary to conform to the
    49  appropriations for support of public libraries.
    50    Notwithstanding  any other provision of law to the contrary the moneys
    51  appropriated for the support of public libraries for the year 2022--2023
    52  by a chapter of the laws of 2022 enacting the education, labor and fami-
    53  ly assistance budget shall fulfill the  state's  obligation  to  provide
    54  such aid and, pursuant to a plan developed by the commissioner of educa-
    55  tion  and  approved  by  the  director of the budget, the aid payable to
    56  libraries and library systems pursuant to such appropriations  shall  be

        S. 8006--C                         32                         A. 9006--C
 
     1  reduced  proportionately  to ensure that the total amount of aid payable
     2  does not exceed the total appropriations for such purpose.
     3    § 34. Severability. The provisions of this act shall be severable, and
     4  if  the  application  of  any  clause, sentence, paragraph, subdivision,
     5  section or part of this act to  any  person  or  circumstance  shall  be
     6  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
     7  judgment shall not necessarily affect, impair or invalidate the applica-
     8  tion of any such clause, sentence, paragraph,  subdivision,  section  or
     9  part  of this act or remainder thereof, as the case may be, to any other
    10  person or circumstance, but shall be confined in its  operation  to  the
    11  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    12  directly involved in the controversy in which such judgment  shall  have
    13  been rendered.
    14    §  35.  This act shall take effect immediately, and shall be deemed to
    15  have been in full force and effect on and after April 1, 2022, provided,
    16  however, that:
    17    1. Sections one,  two,  seven,  eight,  eleven-b,  fourteen,  fifteen,
    18  sixteen, seventeen, nineteen, twenty-two, twenty-five, twenty-six, twen-
    19  ty-eight, thirty-one, and thirty-two, of this act shall take effect July
    20  1, 2022;
    21    2.  Sections  three,  four, and five shall take effect immediately and
    22  shall expire September 30, 2024 when upon such date  the  provisions  of
    23  such sections shall be deemed repealed;
    24    3.  The  amendments to paragraph d of subdivision 12 of section 3602-e
    25  of the education law made by section seventeen-b of this act shall  take
    26  effect  upon  the  repeal  of   subdivision 4 of section 51 of part B of
    27  chapter 57 of the laws of 2008, as amended; and
    28    4. The amendments to chapter 756 of the  laws  of  1992,  relating  to
    29  funding a program for work force education conducted by a consortium for
    30  worker education in New York city made by sections twenty and twenty-one
    31  of  this  act  shall  not affect the repeal of such chapter and shall be
    32  deemed repealed therewith.
 
    33                                   PART B
 
    34    Section 1. This Part enacts into law major components  of  legislation
    35  relating  to  promoting  zero-emission school buses.   Each component is
    36  wholly contained within a Subpart identified as Subparts A  and  B.  The
    37  effective  date  for  each  particular  provision  contained within such
    38  Subpart is set forth in the last section of such Subpart. Any  provision
    39  in  any section contained within a Subpart, including the effective date
    40  of the Subpart, which makes reference to a section "of this  act",  when
    41  used  in  connection  with that particular component, shall be deemed to
    42  mean and refer to the corresponding section of the Subpart in  which  it
    43  is  found.  Section  three of this Part sets forth the general effective
    44  date of this Part.
    45                                  SUBPART A
 
    46    Section 1. The education law is amended by adding a new  section  3638
    47  to read as follows:
    48    §  3638.  Zero-emission  school  buses.    1. For the purposes of this
    49  section "zero-emission school bus" shall mean  a  school  bus  that:  is
    50  propelled  by  an  electric motor and associated power electronics which
    51  provide acceleration torque to the drive wheels  during  normal  vehicle
    52  operations  and  draws electricity from a hydrogen fuel cell or battery;
    53  or otherwise operates without direct emission of atmospheric pollutants.

        S. 8006--C                         33                         A. 9006--C
 
     1    2. (a) No later than July  first,  two  thousand  twenty-seven,  every
     2  school district shall:
     3    (i)  only purchase or lease zero-emission school buses when purchasing
     4  or leasing new buses;
     5    (ii) include requirements in any procurement for school transportation
     6  services that any contractors providing transportation services for  the
     7  school  district  must only purchase or lease zero-emission school buses
     8  when purchasing or leasing new school buses; and
     9    (iii) include requirements in any procurement for the manufacturing or
    10  retrofitting of a zero-emission  school  bus  and  charging  or  fueling
    11  infrastructure  that  the  components  and parts used or supplied in the
    12  performance of the contract or any subcontract thereto shall be produced
    13  or made in whole or substantial part in the United States, its  territo-
    14  ries  or possessions and that final assembly of the zero-emission school
    15  bus and charging or fueling infrastructure shall  occur  in  the  United
    16  States, its territories or possessions.
    17    (b)  The  commissioner, in consultation with the New York state energy
    18  research and development authority and office of general  services,  may
    19  waive  the  contracting  requirements set forth in subparagraph (iii) of
    20  paragraph (a) of this subdivision if the  commissioner  determines  that
    21  the  requirements  would  not be in the public interest, would result in
    22  unreasonable costs, or that obtaining such  zero-emission  school  buses
    23  and  charging  or  fueling  infrastructure  components  and parts in the
    24  United States would increase the cost of a  school  district's  contract
    25  for zero-emission school buses and charging or fueling infrastructure by
    26  an unreasonable amount, or such zero-emission school busses and charging
    27  or fueling infrastructure components and parts cannot be produced, made,
    28  or assembled in the United States in sufficient and reasonably available
    29  quantities  or  of satisfactory quality. Such determination must be made
    30  on an annual basis no later than December thirty-first, after  providing
    31  notice  and  an  opportunity  for  public  comment, and be made publicly
    32  available, in writing, on  the  department's  website  with  a  detailed
    33  explanation  of  the  findings  leading  to  such  determination. If the
    34  commissioner has issued determinations for three consecutive years  that
    35  no such waiver is warranted pursuant to this paragraph, then the commis-
    36  sioner  shall no longer be required to provide the annual determinations
    37  required by this paragraph.
    38    3. No later than July first, two thousand  thirty-five,  every  school
    39  district shall:
    40    (a) only operate and maintain zero-emission school buses; and
    41    (b)  include requirements in any procurement for school transportation
    42  services that any contractors providing transportation services for  the
    43  school  district  must  only  operate  zero-emission  school  buses when
    44  providing such transportation services to the school district.
    45    4. A school district may apply to the commissioner, and the department
    46  may grant a one-time extension of up to  twenty-four  months  to  comply
    47  with  the  requirements  of subdivision two of this section. The commis-
    48  sioner shall consider a school district's effort to  meet  the  require-
    49  ments  of  subdivision  two  of this section when granting an extension,
    50  including but not limited to, procurement efforts  made  by  the  school
    51  district,  applications  for  state  or federal funds, changes needed to
    52  school district operations to meet the  requirements  of  this  section,
    53  employee  training,  and receipt of technical assistance, if any. Upon a
    54  school district receiving  an  extension,  the  New  York  state  energy
    55  research and development authority, in consultation with the department,

        S. 8006--C                         34                         A. 9006--C
 
     1  shall  provide  any  additional  technical  assistance  necessary to the
     2  district to meet the requirements of subdivision two of this section.
     3    5. (a) Nothing in this section shall alter the rights or benefits, and
     4  privileges,  including,  but  not  limited  to  terms  and conditions of
     5  employment, civil service status, and collective bargaining unit member-
     6  ship, of any  current  employees  of  school  districts  or  any  entity
     7  contracted to provide pupil transportation services, or services attend-
     8  ant thereto, including but not limited to drivers, attendants, dispatch-
     9  ers, and mechanics.
    10    (b)  Nothing  in  this  section  shall  result  in: (i) the discharge,
    11  displacement, or loss of position, including partial  displacement  such
    12  as  a  reduction in the hours of non-overtime work, wages, or employment
    13  benefits; (ii) the impairment of existing collective  bargaining  agree-
    14  ments;  (iii) the transfer of existing duties and functions; or (iv) the
    15  transfer of future duties and functions, of any currently employed work-
    16  er impacted  by  the  proposed  purchase  or  lease  who  agrees  to  be
    17  retrained.
    18    (c) Prior to the beginning of the procurement process for new zero-em-
    19  ission  school  buses,  omnibuses,  vehicles, charging infrastructure or
    20  equipment, fueling infrastructure or equipment, or other equipment,  the
    21  school  district,  private  school  bus company, or other employer whose
    22  workers provide pupil  transportation  services  or  services  attendant
    23  thereto, shall create and implement a workforce development report that:
    24  (i)  estimates  the number of current positions that would be eliminated
    25  or substantially changed as a result of the purchase or lease,  and  the
    26  number  of  positions  expected  to  be  created at the school district,
    27  private school bus company or other employer whose workers provide pupil
    28  transportation services or services attendant thereto  by  the  proposed
    29  purchase  or  lease  over  the intended life of the proposed purchase or
    30  lease; (ii) identifies gaps in skills of its current workforce that  are
    31  needed  to  operate  and maintain zero-emission school buses, omnibuses,
    32  vehicles, charging infrastructure or equipment,  fueling  infrastructure
    33  or equipment, or other equipment; (iii) includes a comprehensive plan to
    34  transition,  train,  or  retrain  employees  that  are  impacted  by the
    35  proposed purchase or lease; and (iv) contains  an  estimated  budget  to
    36  transition,  train,  or  retrain  employees  that  are  impacted  by the
    37  proposed purchase or lease.
    38    (d) Nothing in this section  shall:  (i)  limit  rights  of  employees
    39  pursuant  to a collective bargaining agreement, or (ii) alter the exist-
    40  ing representational relationships among collective bargaining represen-
    41  tatives or the bargaining relationships between  the  employer  and  any
    42  collective bargaining representative. Employees of public entities serv-
    43  ing in positions in newly created titles shall be assigned to the appro-
    44  priate bargaining unit.
    45    (e)  Prior  to  beginning  the  procurement  process for zero-emission
    46  school buses, omnibuses, vehicles, charging infrastructure or equipment,
    47  fueling infrastructure or equipment, or other equipment, any employer of
    48  workers covered by this section shall inform its  employees'  collective
    49  bargaining  representative  of  any  potential  impact on its members or
    50  unit, including positions that may be affected, altered,  or  eliminated
    51  as a result of the purchase.
    52    6.  When purchasing zero-emission school buses and charging or fueling
    53  infrastructure,  school districts are encouraged to utilize the central-
    54  ized contracts for zero emission school buses and  charging  or  fueling
    55  infrastructure established by the office of general services.

        S. 8006--C                         35                         A. 9006--C
 
     1    §  2.  Paragraphs c, d and e of subdivision 2 of section 3623-a of the
     2  education law, paragraph c as amended by chapter  453  of  the  laws  of
     3  2005, paragraph d as added by chapter 474 of the laws of 1996, and para-
     4  graph e as amended by section 68 of part A of chapter 436 of the laws of
     5  1997, are amended and a new paragraph f is added to read as follows:
     6    c.  The purchase of equipment deemed a proper school district expense,
     7  including: (i) the purchase of two-way radios to be used on old and  new
     8  school  buses, (ii) the purchase of stop-arms, to be used on old and new
     9  school buses, (iii) the purchase and installation of seat  safety  belts
    10  on  school buses in accordance with the provisions of section thirty-six
    11  hundred thirty-five-a of this article, (iv) the purchase of  school  bus
    12  back  up  beepers,  (v)  the purchase of school bus front crossing arms,
    13  (vi) the purchase  of  school  bus  safety  sensor  devices,  (vii)  the
    14  purchase  and  installation  of  exterior  reflective  marking on school
    15  buses, (viii)  the  purchase  of  automatic  engine  fire  extinguishing
    16  systems  for school buses used to transport students who use wheelchairs
    17  or other assistive mobility devices, and  (ix)  the  purchase  of  other
    18  equipment as prescribed in the regulations of the commissioner; [and]
    19    d.  Other  transportation  capital, debt service and lease expense, as
    20  approved pursuant to regulations of the commissioner[.];
    21    e.  Any  approved  cost  of  construction,  reconstruction,  lease  or
    22  purchase  of  a transportation storage facility or site in the amount of
    23  ten thousand dollars or more shall be aidable in accordance with  subdi-
    24  vision  six  of section thirty-six hundred two of this article and shall
    25  not be aidable as transportation expense[.]; and
    26    f. Approved costs relating to the lease,  purchase,  construction,  or
    27  installation  of  zero-emission school bus electric charging or hydrogen
    28  fueling stations. For the purposes  of  this  section,  a  zero-emission
    29  school  bus  electric  charging station is a station that delivers elec-
    30  tricity from a source outside a zero-emission school  bus  into  one  or
    31  more zero-emission school buses. An electric school bus charging station
    32  may  include  several  charge  points  simultaneously connecting several
    33  zero-emission school buses to the  station  and  any  related  equipment
    34  needed  to  facilitate charging plug-in zero-emission school buses.  Any
    35  work related to the construction or installation of zero-emission school
    36  bus electric charging or hydrogen fueling stations under this  paragraph
    37  shall  be considered public work and shall be subject to prevailing wage
    38  requirements in accordance with  section  two  hundred  twenty  and  two
    39  hundred twenty-b of the labor law.
    40    §  3.  Paragraph  e  of subdivision 7 of section 3602 of the education
    41  law, as amended by section 4 of part L of chapter  57  of  the  laws  of
    42  2005, is amended to read as follows:
    43    e.  In  determining  approved transportation capital, debt service and
    44  lease expense for aid payable in the two thousand five--two thousand six
    45  school  year  and  thereafter,  the  commissioner,  after  applying  the
    46  provisions  of  paragraph  c  of this subdivision to such expense, shall
    47  establish an assumed amortization pursuant to this paragraph  to  deter-
    48  mine  the approved capital, debt service and lease expense of the school
    49  district that is aidable in the current year, whether or not the  school
    50  district  issues  debt  for  such expenditures, subject to any deduction
    51  pursuant to paragraph d of this subdivision. Such  assumed  amortization
    52  shall  be  for  a period of five years, and for the two thousand twenty-
    53  two--two thousand twenty-three school year and thereafter  such  assumed
    54  amortization  for zero-emission school buses as defined in section thir-
    55  ty-six hundred thirty-eight of this article and related  costs  pursuant
    56  to  paragraph f of subdivision two of section thirty-six hundred twenty-

        S. 8006--C                         36                         A. 9006--C
 
     1  three-a of this article shall be for a period of twelve years, and shall
     2  commence twelve months after the school district enters into a  purchase
     3  contract[,] or lease of the school bus, charging station, hydrogen fuel-
     4  ing  station,  or equipment, or a general contract for the construction,
     5  reconstruction, lease or purchase of a transportation  storage  facility
     6  or  site in an amount less than ten thousand dollars[; except that where
     7  expenses were incurred for the purchase or lease  of  a  school  bus  or
     8  equipment  or  the  construction, reconstruction, lease or purchase of a
     9  transportation storage facility or site prior to July first,  two  thou-
    10  sand  five and debt service was still outstanding or the lease was still
    11  in effect as of such date, the assumed amortization shall commence as of
    12  July first, two thousand five and the period of the  amortization  shall
    13  be for a period equal to five years less the number of years, rounded to
    14  the  nearest  year, elapsed from the date upon which the school district
    15  first entered into such purchase contract or general contract  and  July
    16  first,  two  thousand  five,  as  determined by the commissioner, or the
    17  remaining term of the lease as of such date]. Such assumed  amortization
    18  shall  provide  for  equal semiannual payments of principal and interest
    19  based on an assumed interest rate established by the commissioner pursu-
    20  ant to this paragraph. By the first day of September of the current year
    21  commencing with the two thousand five--two  thousand  six  school  year,
    22  each  school  district  shall  provide  to  the commissioner in a format
    23  prescribed by the commissioner  such  information  as  the  commissioner
    24  shall  require  for  all  capital  debt incurred by such school district
    25  during the preceding school year  for  expenses  allowable  pursuant  to
    26  subdivision  two  of  section  thirty-six hundred twenty-three-a of this
    27  article.  Based  on  such  reported  amortizations  and  a   methodology
    28  prescribed  by  the  commissioner in regulations, the commissioner shall
    29  compute an assumed interest rate that shall equal  the  average  of  the
    30  interest  rates  applied  to  all  such debt issued during the preceding
    31  school year. The assumed interest rate shall be  the  interest  rate  of
    32  each  such  school  district  applicable  to  the  current  year for the
    33  purposes of this paragraph and shall be expressed as a decimal  to  five
    34  places rounded to the nearest eighth of one-one hundredth.
    35    §  4. Subparagraph 7 of paragraph e of subdivision 1 of section 3623-a
    36  of the education law, as added by chapter 474 of the laws  of  1996,  is
    37  amended to read as follows:
    38    (7)  fuel,  oil,  tires,  chains,  maintenance  and repairs for school
    39  buses, provided that for purposes of this article,  fuel  shall  include
    40  electricity  used  to  charge  or  hydrogen used to refuel zero-emission
    41  school buses for the aidable transportation of  pupils,  but  shall  not
    42  include electricity or hydrogen used for other purposes;
    43    §  5.  Subdivision  29  of  paragraph  a of section 11.00 of the local
    44  finance law, as amended by chapter 300 of the laws of 1971,  is  amended
    45  to read as follows:
    46    29.  Motor  vehicles. The purchase of a motor vehicle, five years. The
    47  term "motor vehicle," as used in this subdivision, shall mean a  vehicle
    48  propelled by any power other than muscular power, except
    49    (a)  a  passenger  vehicle,  other than a school bus, having a seating
    50  capacity of less than ten persons,
    51    (b) a vehicle used for fighting fires,
    52    (c) a motor cycle, traction engine,  and  electric  truck  with  small
    53  wheels used in warehouses and railroad stations and a vehicle which runs
    54  only upon rails or tracks,
    55    (d)  machinery  or apparatus for which a period of probable usefulness
    56  has been determined by subdivision twenty-eight of this paragraph, and

        S. 8006--C                         37                         A. 9006--C
 
     1    (e) a vehicle which is specially designed for use for  the  treatment,
     2  care or transport of sick or injured persons, and
     3    (f)  a  zero-emission  school bus as defined in section three thousand
     4  six hundred thirty-eight of the education law.
     5    § 6. Subdivision 21-a of section 1604 of the education law,  as  added
     6  by chapter 472 of the laws of 1998, is amended to read as follows:
     7    21-a.  To  lease a motor vehicle or vehicles to be used for the trans-
     8  portation of the children of the district from a school district,  board
     9  of  cooperative  educational services or county vocational education and
    10  extension board or from any other source, under the conditions specified
    11  in this subdivision. No such agreement for the lease of a motor  vehicle
    12  or  vehicles  shall be for a term of more than one school year, provided
    13  that when authorized by a vote of the qualified voters of  the  district
    14  such  lease may have a term of up to five years, or twelve years for the
    15  lease of zero-emission school buses as  defined  in  section  thirty-six
    16  hundred  thirty-eight  of  this  chapter.  Where the trustee or board of
    17  trustees enter into a lease of a motor vehicle or vehicles  pursuant  to
    18  this  subdivision for a term of one school year or less, such trustee or
    19  board shall not be authorized to enter into another lease for  the  same
    20  or  an  equivalent replacement vehicle or vehicles, as determined by the
    21  commissioner, without obtaining approval of the qualified voters of  the
    22  school district.
    23    §  7.  Paragraph  i of subdivision 25 of section 1709 of the education
    24  law, as added by chapter 472 of the laws of 1998, is amended to read  as
    25  follows:
    26    i.  In addition to the authority granted in paragraph e of this subdi-
    27  vision, the board of education shall be  authorized  to  lease  a  motor
    28  vehicle or vehicles to be used for the transportation of the children of
    29  the district from sources other than a school district, board of cooper-
    30  ative  educational services or county vocational education and extension
    31  board under the conditions specified in this paragraph. No  such  agree-
    32  ment for the lease of a motor vehicle or vehicles shall be for a term of
    33  more  than  one  school year, provided that when authorized by a vote of
    34  the qualified voters of the district such lease may have a term of up to
    35  five years, or twelve years for the lease of zero-emission school  buses
    36  as  defined  in section thirty-six hundred thirty-eight of this chapter.
    37  Where the board of education enters a lease of a motor vehicle or  vehi-
    38  cles  pursuant  to this paragraph for a term of one school year or less,
    39  such board shall not be authorized to enter into another  lease  of  the
    40  same  or an equivalent replacement vehicle or vehicles, as determined by
    41  the commissioner, without obtaining approval of the voters.
    42    § 8. Subdivision 29-a of paragraph a of section  11.00  of  the  local
    43  finance  law, as added by section 1 of part BB of chapter 58 of the laws
    44  of 2015, is amended to read as follows:
    45    29-a. Transit motor vehicles. The purchase of municipally owned  omni-
    46  bus  or  similar  surface  transit  motor  vehicles,  ten years; and the
    47  purchase of zero-emission  school  buses  owned  by  a  school  district
    48  defined  pursuant  to  paragraph  two of section 2.00 of this chapter, a
    49  city school district with a population of more    than    one    hundred
    50  twenty-five    thousand inhabitants, or board of cooperative educational
    51  services, twelve years.
    52    § 9. This act shall take effect immediately.
 
    53                                  SUBPART B

        S. 8006--C                         38                         A. 9006--C
 
     1    Section 1. Section 1854 of the public authorities law  is  amended  by
     2  adding two new subdivisions 22 and 23 to read as follows:
     3    22.  To administer a program to provide technical assistance to school
     4  districts, school bus fleet operators and public transportation  systems
     5  on  managing  zero-emission  vehicle  fleets and the charging or fueling
     6  infrastructure for such zero-emission vehicle fleets.
     7    23. No later than December thirty-first, two thousand twenty-six,  and
     8  annually  thereafter,  the  authority shall issue a report on the avail-
     9  ability of zero-emission school buses and charging  or  fueling  infras-
    10  tructure  that  meet  the  criteria  established  in  subdivision two of
    11  section thirty-six  hundred  thirty-eight  of  the  education  law.  The
    12  authority  shall  provide technical assistance to school districts, upon
    13  request, in pursuing state and federal grants and other funding opportu-
    14  nities to support the purchase and contracting requirements set forth in
    15  subdivision two of section thirty-six hundred thirty-eight of the educa-
    16  tion law.
    17    § 2. The public authorities law is amended by  adding  a  new  section
    18  1884 to read as follows:
    19    §  1884.  Zero-emission bus roadmap. 1. The authority, in consultation
    20  with the department of public service and the department of  transporta-
    21  tion,  shall  create  a  zero-emission  public transportation system and
    22  school bus roadmap for the state which shall identify the actions needed
    23  to meet the fleet sales and conversion targets  established  in  section
    24  thirty-six hundred thirty-eight of the education law.  The roadmap shall
    25  include  but  not  be  limited  to: (a) financial and technical guidance
    26  related to the purchasing, retrofitting, operation, and  maintenance  of
    27  zero-emission  buses; (b) an identification and siting plan for charging
    28  and fueling infrastructure;  (c)  an  identification  of  the  necessary
    29  investments  in  the electric transmission and distribution grid; (d) an
    30  identification of how to ensure related facility  upgrades  are  coordi-
    31  nated to maximize the cost effectiveness and overall system reliability;
    32  (e) the available federal, state, and local funding to purchase or lease
    33  zero-emission  buses or convert existing buses to zero-emissions; (f) an
    34  identification of new incentives and programs to advance the  deployment
    35  and  adoption  of  zero-emission  buses; and (g) streamlining actions to
    36  facilitate the conversion of public transportation  systems  and  school
    37  bus fleets.
    38    2.  The  authority shall convene a technical advisory group made up of
    39  diverse stakeholders to provide the authority with  relevant  technical,
    40  policy,  and  market  expertise.  The  authority shall further develop a
    41  stakeholder engagement process to solicit feedback on  the  roadmap  and
    42  raise consumer awareness and education across the state.
    43    3.  The authority shall report its findings and any recommendations to
    44  the governor, the temporary president of the senate, and the speaker  of
    45  the  assembly  no  later  than one year after the effective date of this
    46  section.   The roadmap shall be  updated  every  three  years  and  made
    47  publicly available on the authority's website.
    48    § 3. This act shall take effect immediately.
    49    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    50  sion,  section  or  part  of  this act shall be adjudged by any court of
    51  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    52  impair,  or  invalidate  the remainder thereof, but shall be confined in
    53  its operation to the clause, sentence, paragraph,  subdivision,  section
    54  or part thereof directly involved in the controversy in which such judg-
    55  ment shall have been rendered. It is hereby declared to be the intent of

        S. 8006--C                         39                         A. 9006--C
 
     1  the  legislature  that  this  act  would  have been enacted even if such
     2  invalid provisions had not been included herein.
     3    §  3.  This  act shall take effect immediately provided, however, that
     4  the applicable effective date of Subparts A and B of this act  shall  be
     5  as specifically set forth in the last section of such Subparts.
 
     6                                   PART C
 
     7                            Intentionally Omitted
 
     8                                   PART D
 
     9    Section 1. Subparagraph 4-b of paragraph h of subdivision 2 of section
    10  355 of the education law, as added by section 1 of part GG of chapter 56
    11  of the laws of 2021, is amended to read as follows:
    12    (4-b) [(i)] In state fiscal year two thousand twenty-two--two thousand
    13  twenty-three and thereafter, the state shall appropriate and make avail-
    14  able  general  fund  operating  support  in  the amount of [thirty-three
    15  percent of] the  tuition  credit  calculated  pursuant  to  section  six
    16  hundred  eighty-nine-a of this chapter [for the two thousand twenty-two-
    17  -two thousand twenty-three academic year.
    18    (ii) In state fiscal  year  two  thousand  twenty-three--two  thousand
    19  twenty-four, the state shall appropriate and make available general fund
    20  operating  support  in  the amount of sixty-seven percent of the tuition
    21  credit calculated pursuant to section six hundred eighty-nine-a of  this
    22  chapter  for  the  two  thousand  twenty-three--two thousand twenty-four
    23  academic year.
    24    (iii) Beginning in state fiscal  year  two  thousand  twenty-four--two
    25  thousand  twenty-five  and  thereafter,  the state shall appropriate and
    26  make available general fund operating  support  in  the  amount  of  the
    27  tuition  credit calculated pursuant to section six hundred eighty-nine-a
    28  of this chapter] annually.
    29    § 2. Paragraph (f) of subdivision 7 of section 6206 of  the  education
    30  law, as added by section 2 of part GG of chapter 56 of the laws of 2021,
    31  is amended to read as follows:
    32    (f)  [(i)]  In state fiscal year two thousand twenty-two--two thousand
    33  twenty-three and thereafter, the state shall appropriate and make avail-
    34  able general fund operating  support  in  the  amount  of  [thirty-three
    35  percent  of]  the  tuition  credit  calculated  pursuant  to section six
    36  hundred eighty-nine-a of this chapter [for the two thousand  twenty-two-
    37  -two thousand twenty-three academic year.
    38    (ii)  In  state  fiscal  year  two thousand twenty-three--two thousand
    39  twenty-four, the state shall appropriate and make available general fund
    40  operating support in the amount of sixty-seven percent  of  the  tuition
    41  credit  calculated pursuant to section six hundred eighty-nine-a of this
    42  chapter for the  two  thousand  twenty-three--two  thousand  twenty-four
    43  academic year.
    44    (iii)  Beginning  in  state  fiscal year two thousand twenty-four--two
    45  thousand twenty-five and thereafter, the  state  shall  appropriate  and
    46  make  available  general  fund  operating  support  in the amount of the
    47  tuition credit calculated pursuant to section six hundred  eighty-nine-a
    48  of this chapter] annually.
    49    § 3. This act shall take effect immediately.
 
    50                                   PART E

        S. 8006--C                         40                         A. 9006--C
 
     1    Section  1.  Section 667-c of the education law, as added by section 1
     2  of part N of chapter 58 of the laws of  2006,  is  amended  to  read  as
     3  follows:
     4    § 667-c. Part-time tuition assistance program awards. 1. Notwithstand-
     5  ing  any  law,  rule or regulation to the contrary, the president of the
     6  higher education services corporation  is  authorized  to  make  tuition
     7  assistance program awards to:
     8    a.  part-time  students  enrolled at the state university, a community
     9  college, the city university of New York, and a  non-profit  college  or
    10  university  incorporated  by  the regents or by the legislature who meet
    11  all requirements for tuition assistance program awards  except  for  the
    12  students' part-time attendance; or
    13    b.  part-time students enrolled at a community college in a non-degree
    14  workforce credential program  directly  leading  to  the  employment  or
    15  advancement  of  a  student in a "significant industry" as identified by
    16  the department of labor in its three most recent  statewide  significant
    17  industries reports published preceding the student's  enrollment in such
    18  non-degree  workforce  credential  program.  The state university of New
    19  York and the city university of New York shall publish  and  maintain  a
    20  master  list  of  all  eligible  non-degree workforce credential program
    21  courses and update such list every semester. A student who  successfully
    22  completes  a  non-degree workforce credential program and receives part-
    23  time tuition assistance program awards pursuant to this paragraph  shall
    24  be  awarded  academic credit by the state university of New York or city
    25  university of New York upon matriculation into a degree program at  such
    26  institution, provided that such credit shall be equal to the correspond-
    27  ing credit hours earned in the non-degree workforce credential program.
    28    2. For purposes of this section[, a part-time student is one who]:
    29    a.  for  students  defined  in  paragraph a of subdivision one of this
    30  section, a part-time student is one who: (i) enrolled  as  a  first-time
    31  freshman  during  the two thousand six--two thousand seven academic year
    32  or thereafter at a college or university within  the  state  university,
    33  including  a  statutory  or contract college, a community college estab-
    34  lished pursuant to article one hundred twenty-six of this  chapter,  the
    35  city  university  of  New  York,  or  a non-profit college or university
    36  incorporated by the regents or by the legislature;
    37    [b. has earned at least twelve credits  in  each  of  two  consecutive
    38  semesters at one of the institutions named in paragraph a of this subdi-
    39  vision by the time of the awards;
    40    c.]  (ii)  is  enrolled for at least six but less than twelve semester
    41  hours, or the equivalent, per  semester  in  an  approved  undergraduate
    42  degree program; and
    43    [d.] (iii) has a cumulative grade-point average of at least 2.00.
    44    b.  for  students  defined  in  paragraph b of subdivision one of this
    45  section, a part-time student is one who: (i) meets all requirements  for
    46  tuition  assistance  program  awards  except for the student's part-time
    47  attendance and any other requirements that  are  inconsistent  with  the
    48  student's enrollment in a non-degree workforce credential program; and
    49    (ii)  is  enrolled  in  an  approved  non-degree  workforce credential
    50  program at a community college pursuant to paragraph  b  of  subdivision
    51  one of this section.
    52    3.  a. For part-time students defined in this section, the award shall
    53  be calculated as provided in section six  hundred  sixty-seven  of  this
    54  article and shall be in an amount equal to the enrollment factor percent
    55  of  the  award  the  student would have been eligible for if the student
    56  were enrolled full-time. [The] For part-time students defined  in  para-

        S. 8006--C                         41                         A. 9006--C
 
     1  graph  a  of  subdivision  one  of  this  section, the enrollment factor
     2  percent is the percentage obtained by dividing the number of credits the
     3  student is enrolled in, as certified by the school,  by  the  number  of
     4  credits required for full-time study in the semester, quarter or term as
     5  defined  by  the commissioner.   For part-time students defined in para-
     6  graph b of subdivision one of this section, the enrollment factor  shall
     7  be  calculated  pursuant to regulations established by the higher educa-
     8  tion services corporation.
     9    b. [Any] (i) For part-time students defined in paragraph a of subdivi-
    10  sion one of this section, any semester, quarter or  term  of  attendance
    11  during  which a student receives an award pursuant to this section shall
    12  be counted as the enrollment factor percent of a  semester,  quarter  or
    13  term  toward  the  maximum  term  of  eligibility for tuition assistance
    14  awards pursuant to section six hundred sixty-seven of this article.  The
    15  total period of study for which payment may be made shall not exceed the
    16  equivalent of the maximum period authorized for that award.
    17    (ii)  For part-time students defined in paragraph b of subdivision one
    18  of this section, the total period of study for which payment may be made
    19  shall not exceed the equivalent of the maximum period authorized for the
    20  non-degree workforce credential  program  pursuant  to  paragraph  b  of
    21  subdivision one of this section.
    22    § 2. This act shall take effect immediately.
 
    23                                   PART F
 
    24    Section  1.  Subparagraph  (v)  of  paragraph  b-1 of subdivision 4 of
    25  section 661 of the education law is REPEALED.
    26    § 2. Subparagraphs (iii) and (iv) of paragraph b-1 of subdivision 4 of
    27  section 661 of the education  law, as added by section 1 of  part  Z  of
    28  chapter 58 of the laws of 2011, are amended to read as follows:
    29    (iii) does not maintain good academic standing pursuant to paragraph c
    30  of  subdivision  six  of section six hundred sixty-five of this subpart,
    31  and if there is  no  applicable  existing  academic  standards  schedule
    32  pursuant to such subdivision, then such recipient shall be placed on the
    33  academic  standards  schedule applicable to students enrolled in a four-
    34  year or five-year undergraduate program; or
    35    (iv) is in default in the repayment of any state  or  federal  student
    36  loan,  has  failed  to  comply  with  the terms of any service condition
    37  imposed by an academic performance award made pursuant to this  article,
    38  or has failed to make a refund of any award[; or].
    39    §  3. Paragraph d of subdivision 6 of section 661 of the education law
    40  is REPEALED.
    41    § 4. This act shall take effect immediately.

    42                                   PART G
 
    43    Section 1.  Subdivision 2 of section 669-h of the  education  law,  as
    44  amended  by  section  1  of part G of chapter 56 of the laws of 2021, is
    45  amended to read as follows:
    46    2. Amount. Within amounts appropriated therefor and  based  on  avail-
    47  ability  of  funds, awards shall be granted beginning with the two thou-
    48  sand seventeen--two thousand eighteen academic year  and  thereafter  to
    49  applicants  that  the corporation has determined are eligible to receive
    50  such awards. The corporation shall grant such awards in an amount up  to
    51  five thousand five hundred dollars or actual tuition, whichever is less;
    52  provided,  however, (a) a student who receives educational grants and/or

        S. 8006--C                         42                         A. 9006--C

     1  scholarships that cover the student's full cost of attendance shall  not
     2  be eligible for an award under this program; and (b) an award under this
     3  program  shall  be  applied to tuition after the application of payments
     4  received  under  the  tuition assistance program pursuant to section six
     5  hundred sixty-seven of this subpart, tuition credits pursuant to section
     6  six hundred eighty-nine-a of this article, federal Pell  grant  pursuant
     7  to  section  one  thousand  seventy of title twenty of the United States
     8  code, et seq., and any other program that covers the cost of  attendance
     9  unless  exclusively  for  non-tuition expenses, and the award under this
    10  program shall be reduced in the amount equal to such payments,  provided
    11  that  the  combined  benefits  do  not exceed five thousand five hundred
    12  dollars. Upon notification of an award under this program, the  institu-
    13  tion  shall  defer the amount of tuition. Notwithstanding paragraph h of
    14  subdivision two of section three hundred fifty-five and paragraph (a) of
    15  subdivision seven of section six thousand two hundred six of this  chap-
    16  ter,  and  any other law, rule or regulation to the contrary, the under-
    17  graduate tuition charged by the institution to recipients  of  an  award
    18  shall not exceed the tuition rate established by the institution for the
    19  two  thousand  sixteen--two  thousand  seventeen academic year provided,
    20  however, that in the two thousand [twenty-three]  twenty-two--two  thou-
    21  sand [twenty-four] twenty-three academic year and every year thereafter,
    22  the undergraduate tuition charged by the institution to recipients of an
    23  award shall be reset to equal the tuition rate established by the insti-
    24  tution  for  the  forthcoming  academic  year, provided further that the
    25  tuition credit calculated pursuant to section six hundred  eighty-nine-a
    26  of  this  article  shall  be applied toward the tuition rate charged for
    27  recipients of an award under this program.   Provided further  that  the
    28  state  university  of New York and the city university of New York shall
    29  provide an additional tuition credit to students receiving an  award  to
    30  cover the remaining cost of tuition.
    31    § 2. This act shall take effect immediately.
 
    32                                   PART H
 
    33    Section  1.  Subdivision  5  of section 695-b of the education law, as
    34  amended by chapter 535 of the laws  of  2000,  is  amended  to  read  as
    35  follows:
    36    5.  "Eligible  educational institution" shall mean (a) any institution
    37  of higher education defined as an eligible  educational  institution  in
    38  section  529(e)(5)  of the Internal Revenue Code of 1986, as amended, or
    39  (b) any apprenticeship program described in  section  529(c)(8)  of  the
    40  Internal Revenue Code of 1986, as amended.
    41    § 2. This act shall take effect immediately.
 
    42                                   PART I
 
    43                            Intentionally Omitted
 
    44                                   PART J
 
    45                            Intentionally Omitted
 
    46                                   PART K

        S. 8006--C                         43                         A. 9006--C
 
     1                            Intentionally Omitted
 
     2                                   PART L
 
     3    Section  1. Subdivision 2 of section 410-u of the social services law,
     4  as added by section 52 of part B of chapter 436 of the laws of 1997,  is
     5  amended to read as follows:
     6    2.  The  state  block  grant  for child care shall be divided into two
     7  parts pursuant to a plan developed by the department and approved by the
     8  director of the budget.   One part shall be retained  by  the  state  to
     9  provide  child  care  on  a  statewide  basis  to special groups and for
    10  activities to increase the availability and/or  quality  of  child  care
    11  programs,  including,  but  not  limited  to, the start-up of child care
    12  programs, the operation of child care resource  and  referral  programs,
    13  training  activities,  the  regulation  and  monitoring  of  child  care
    14  programs, the development of computerized  data  systems,  and  consumer
    15  education,  provided  however,  that  child  care  resource and referral
    16  programs funded under title five-B of article six of this chapter  shall
    17  meet  additional  performance  standards  developed by the department of
    18  social services including but not limited to: increasing the  number  of
    19  child  care  placements  for  persons  who  are  at or below two hundred
    20  percent of the state income standard, or three hundred  percent  of  the
    21  state  income  standard effective August first, two thousand twenty-two,
    22  provided such persons are at or below eighty-five percent of  the  state
    23  median  income,  with emphasis on placements supporting local efforts in
    24  meeting federal and state work  participation  requirements,  increasing
    25  technical  assistance  to  all modalities of legal child care to persons
    26  who are at or below two hundred percent of the state income standard, or
    27  three hundred percent of the state income standard[,]  effective  August
    28  first,  two  thousand  twenty-two, provided such persons are at or below
    29  eighty-five percent of the state median income, including the  provision
    30  of training to assist providers in meeting child care standards or regu-
    31  latory  requirements,  and  creating  new  child care opportunities, and
    32  assisting social services districts in assessing and responding to child
    33  care needs for persons at or below two  hundred  percent  of  the  state
    34  income  standard,  or three hundred percent of the state income standard
    35  effective August first, two thousand twenty-two, provided  such  persons
    36  are  at  or  below  eighty-five  percent of the state median income. The
    37  department shall have the authority to withhold funds from  those  agen-
    38  cies  which  do not meet performance standards. Agencies whose funds are
    39  withheld may have funds restored upon achieving  performance  standards.
    40  The  other  part  shall  be  allocated  to  social services districts to
    41  provide child care assistance to families receiving family    assistance
    42  and to other low income families.
    43    § 2. Subdivisions 1 and 3 of section 410-w of the social services law,
    44  as  amended by chapter 569 of the laws of 2001, are amended a new subdi-
    45  vision 10 is added to read as follows:
    46    1. A social services district may use the funds allocated to  it  from
    47  the block grant to provide child care assistance to:
    48    (a)  families receiving public assistance when such child care assist-
    49  ance is necessary: to enable a parent or caretaker relative to engage in
    50  work, participate in work activities  or  perform  a  community  service
    51  pursuant  to  title  nine-B of article five of this chapter; to enable a
    52  teenage parent to  attend  high  school  or  other  equivalent  training
    53  program;  because  the  parent  or  caretaker  relative is physically or

        S. 8006--C                         44                         A. 9006--C
 
     1  mentally incapacitated; or because family duties away from home necessi-
     2  tate the parent or caretaker relative's absence; child day care shall be
     3  provided during breaks in activities, for a period of up to  two  weeks.
     4  Such child day care may be authorized for a period of up to one month if
     5  child  care arrangements shall be lost if not continued, and the program
     6  or employment is scheduled to begin within such period;
     7    (b) families with incomes up to  two  hundred  percent  of  the  state
     8  income  standard,  or three hundred percent of the state income standard
     9  effective August first,  two  thousand  twenty-two  who  are  attempting
    10  through work activities to transition off of public assistance when such
    11  child  care  is necessary in order to enable a parent or caretaker rela-
    12  tive to engage in work provided such  families'  public  assistance  has
    13  been terminated as a result of increased hours of or income from employ-
    14  ment  or  increased  income  from  child  support payments or the family
    15  voluntarily ended assistance; [and,] provided that the  family  received
    16  public  assistance  at least three of the six months preceding the month
    17  in which eligibility for such assistance terminated or ended or provided
    18  that such family has received child care  assistance  under  subdivision
    19  four  of  this  section; and provided, the family income does not exceed
    20  eighty-five percent of the state median income;
    21    (c) families with incomes up to  two  hundred  percent  of  the  state
    22  income  standard,  or three hundred percent of the state income standard
    23  effective August first, two thousand twenty-two, which are determined in
    24  accordance with the regulations of the  department  to  be  at  risk  of
    25  becoming  dependent  on  family  assistance; provided, the family income
    26  does not exceed eighty-five percent of the state median income;
    27    (d) families with incomes up to  two  hundred  percent  of  the  state
    28  income  standard,  or three hundred percent of the state income standard
    29  effective August first, two thousand twenty-two,  who  are  attending  a
    30  post  secondary  educational program [and working at least seventeen and
    31  one-half hours per week]; provided, the family income  does  not  exceed
    32  eighty-five percent of the state median income; and
    33    (e) other families with incomes up to two hundred percent of the state
    34  income  standard,  or three hundred percent of the state income standard
    35  effective August  first,  two  thousand  twenty-two,  which  the  social
    36  services district designates in its consolidated services plan as eligi-
    37  ble for child care assistance in accordance with criteria established by
    38  the  department; provided, the family income does not exceed eighty-five
    39  percent of the state median income.
    40    3. A social services district shall guarantee child care assistance to
    41  families in receipt of public assistance with  children  under  thirteen
    42  years  of  age when such child care assistance is necessary for a parent
    43  or caretaker relative to engage in work or participate  in  work  activ-
    44  ities pursuant to the provisions of title nine-B of article five of this
    45  chapter.  Child care assistance shall continue to be guaranteed for such
    46  a family for a period of twelve months after  the  month  in  which  the
    47  family's  eligibility for public assistance has terminated or ended when
    48  such child care is necessary in order to enable the parent or  caretaker
    49  relative to engage in work, provided that the family's public assistance
    50  has been terminated as a result of an increase in the hours of or income
    51  from  employment  or  increased  income  from  child support payments or
    52  because  the  family  voluntarily  ended  assistance;  that  the  family
    53  received public assistance in at least three of the six months preceding
    54  the  month  in which eligibility for such assistance terminated or ended
    55  or provided that such family has received child  care  assistance  under
    56  subdivision  four  of  this section; [and] that the family's income does

        S. 8006--C                         45                         A. 9006--C
 
     1  not exceed two hundred percent of the state income  standard,  or  three
     2  hundred percent of the state income standard effective August first, two
     3  thousand  twenty-two; and that the family income does not exceed eighty-
     4  five  percent  of  the  state  median  income. Such child day care shall
     5  recognize the need for continuity of care for the child and  a  district
     6  shall  not move a child from an existing provider unless the participant
     7  consents to such move.
     8    10. For the purposes of this section, the term "state  median  income"
     9  means  the  most recent state median income data published by the bureau
    10  of the census, for a family of the same size, updated by the  department
    11  for  a  family  size  of  four and adjusted by the department for family
    12  size.
    13    § 3. This act shall take effect immediately; provided,  however,  that
    14  section two of this act shall take effect June 1, 2022.
 
    15                                   PART M
 
    16    Section  1.  Section  3  of  part N of chapter 56 of the laws of 2020,
    17  amending the social services law relating to restructuring financing for
    18  residential school placements, as amended by section  1  of  part  I  of
    19  chapter 56 of the laws of 2021, is amended to read as follows:
    20    §  3.  This  act shall take effect immediately and shall expire and be
    21  deemed repealed April 1, [2022] 2023; provided however that  the  amend-
    22  ments  to  subdivision 10 of section 153 of the social services law made
    23  by section one of this act, shall not  affect  the  expiration  of  such
    24  subdivision and shall be deemed to expire therewith.
    25    § 2. This act shall take effect immediately.
 
    26                                   PART N
 
    27    Section  1.  Section  28  of part C of chapter 83 of the laws of 2002,
    28  amending the executive law and other laws relating to funding for  chil-
    29  dren and family services, as amended by section 1 of subpart A of part K
    30  of chapter 56 of the laws of 2017, is amended to read as follows:
    31    §  28.  This act shall take effect immediately; provided that sections
    32  nine through eighteen and twenty through twenty-seven of this act  shall
    33  be  deemed  to  have been in full force and effect on and after April 1,
    34  2002; provided, however, that section fifteen of this act shall apply to
    35  claims that are otherwise reimbursable by the state on or after April 1,
    36  2002 except as provided in subdivision 9 of section 153-k of the  social
    37  services  law  as added by section fifteen of this act; provided further
    38  however, that nothing in this act shall authorize the office of children
    39  and family services to deny state reimbursement  to  a  social  services
    40  district for violations of the provisions of section 153-d of the social
    41  services  law  for  services provided from January 1, 1994 through March
    42  31, 2002; provided that section nineteen of this act shall  take  effect
    43  September  13,  2002  and  shall  expire and be deemed repealed June 30,
    44  2012; and, provided further, however, that notwithstanding  any  law  to
    45  the  contrary, the office of children and family services shall have the
    46  authority to promulgate, on an emergency  basis,  any  rules  and  regu-
    47  lations  necessary to implement the requirements established pursuant to
    48  this act; provided further, however, that the regulations to  be  devel-
    49  oped  pursuant  to section one of this act shall not be adopted by emer-
    50  gency rule; and provided further that the provisions  of  sections  nine
    51  through  eighteen  and  twenty  through  twenty-seven  of this act shall
    52  expire and be deemed repealed on June 30, [2022] 2027.

        S. 8006--C                         46                         A. 9006--C

     1    § 2. This act shall take effect immediately.
 
     2                                   PART O
 
     3    Section  1.  Section  398-a  of  the social services law is amended by
     4  adding a new subdivision 2-c to read as follows:
     5    (2-c) Those social services districts that as of July first, two thou-
     6  sand twenty-two were paying at least one hundred percent of the applica-
     7  ble rates published by the office of children and  family  services  for
     8  the  two  thousand  twenty-two--two  thousand twenty-three rate year for
     9  care provided to foster children in regular, therapeutic, special needs,
    10  and emergency foster boarding homes shall pay for the two thousand twen-
    11  ty-two--two thousand twenty-three rate year and for each subsequent rate
    12  year thereafter at least one hundred percent  of  the  applicable  rates
    13  published  by  the  office of children and family services for that rate
    14  year. Those social services districts that as of July first,  two  thou-
    15  sand  twenty-two were paying less than the applicable rates published by
    16  the office of children and family services for the two thousand  twenty-
    17  two--two  thousand  twenty-three  rate  year for care provided to foster
    18  children in regular, therapeutic, special  needs  and  emergency  foster
    19  boarding  homes shall increase their rates of payment so that: effective
    20  July first, two thousand twenty-two the difference between the  percent-
    21  age  of  the  applicable  rates  published by the office of children and
    22  family services for the two thousand  twenty-two--two  thousand  twenty-
    23  three  rate  year  and  the  rates such districts are paying is at least
    24  one-half less than the difference between the percentage of the applica-
    25  ble rates published by the office of children and  family  services  for
    26  the two thousand twenty-two--two thousand twenty-three rate year and the
    27  rates  that  such districts were paying for such programs on July first,
    28  two thousand twenty-two; and effective July first, two thousand  twenty-
    29  three  for  the two thousand twenty-three--two thousand twenty-four rate
    30  year and  for  each  subsequent  year  thereafter  all  social  services
    31  districts shall pay at least one hundred percent of the applicable rates
    32  published by the office of children and family services for the applica-
    33  ble rate year.
    34    § 2. This act shall take effect immediately.
 
    35                                   PART P
 
    36                            Intentionally Omitted
 
    37                                   PART Q
 
    38                            Intentionally Omitted
 
    39                                   PART R
 
    40    Section  1.  Subdivision  1  of  section  359 of the executive law, as
    41  amended by section 42 of part AA of chapter 56 of the laws of  2019,  is
    42  amended to read as follows:
    43    1.  A  local  director  shall  designate the location of the local and
    44  branch offices of the local veterans' service agency within his  or  her
    45  jurisdiction,  which  offices shall be open during convenient hours. The
    46  cost of maintenance and operation of a county veterans'  service  agency

        S. 8006--C                         47                         A. 9006--C
 
     1  shall  be a county charge and the cost of maintenance and operation of a
     2  city veterans' service agency shall be a city charge, excepting that the
     3  state director with the approval of the  veterans'  services  commission
     4  shall  allot and pay, from state moneys made available to him or her for
     5  such purposes, to each county veterans' service  agency  and  each  city
     6  veterans'  service  agency,  an  amount equal to fifty per centum of its
     7  expenditures for maintenance and operation approved by the state  direc-
     8  tor,  provided  that  in no event shall the amount allotted and paid for
     9  such approved expenditures incurred in any given year exceed (1) in  the
    10  case  of  any county veterans' service agency in a county having a popu-
    11  lation of not more than one hundred thousand or in the case of any  city
    12  veterans'  service agency in a city having a population of not more than
    13  one hundred thousand, the sum of [ten] twenty-five thousand dollars, nor
    14  (2) in the case of any county  veterans'  service  agency  in  a  county
    15  having  a  population  in  excess  of one hundred thousand excluding the
    16  population of any city therein which has a city veterans' service  agen-
    17  cy,  the  sum  of  [ten]  twenty-five thousand dollars, and, in addition
    18  thereto, the sum of five thousand dollars for each one hundred thousand,
    19  or major portion thereof, of the population of the county in  excess  of
    20  one  hundred thousand excluding the population of any city therein which
    21  has a city veterans' service agency, nor (3) in the  case  of  any  city
    22  veterans'  service agency in a city having a population in excess of one
    23  hundred thousand, the sum of [ten] twenty-five thousand dollars, and, in
    24  addition thereto, the sum of five thousand dollars for each one  hundred
    25  thousand,  or  major  portion  thereof, of the population of the city in
    26  excess of one hundred thousand. Such population shall  be  certified  in
    27  the  same  manner as provided by section fifty-four of the state finance
    28  law.
    29    § 2. This act shall take effect immediately and  shall  apply  to  all
    30  expenditures made on and after April 1, 2022.
 
    31                                   PART S
 
    32    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
    33  section 131-o of the social services law, as amended  by  section  1  of
    34  part  P  of  chapter  56  of  the  laws  of 2021, are amended to read as
    35  follows:
    36    (a) in the case of each individual receiving family  care,  an  amount
    37  equal to at least [$152.00] $161.00 for each month beginning on or after
    38  January first, two thousand [twenty-one] twenty-two.
    39    (b)  in  the  case  of  each individual receiving residential care, an
    40  amount equal to at least [$176.00] $186.00 for each month  beginning  on
    41  or after January first, two thousand [twenty-one] twenty-two.
    42    (c)  in  the  case  of  each individual receiving enhanced residential
    43  care, an amount equal to at  least  [$210.00]  $222.00  for  each  month
    44  beginning  on  or after January first, two thousand [twenty-one] twenty-
    45  two.
    46    (d) for the period commencing January first, two thousand [twenty-two]
    47  twenty-three, the monthly personal needs allowance shall  be  an  amount
    48  equal  to  the sum of the amounts set forth in subparagraphs one and two
    49  of this paragraph:
    50    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
    51  subdivision; and
    52    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
    53  the percentage of any  federal  supplemental  security  income  cost  of
    54  living adjustment which becomes effective on or after January first, two

        S. 8006--C                         48                         A. 9006--C
 
     1  thousand  [twenty-two]  twenty-three,  but  prior to June thirtieth, two
     2  thousand [twenty-two] twenty-three, rounded to the nearest whole dollar.
     3    §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
     4  section 209 of the social services law, as amended by section 2 of  part
     5  P of chapter 56 of the laws of 2021, are amended to read as follows:
     6    (a)  On and after January first, two thousand [twenty-one] twenty-two,
     7  for an eligible individual living alone, [$881.00] $928.00; and  for  an
     8  eligible couple living alone, [$1,295.00] $1,365.00.
     9    (b)  On and after January first, two thousand [twenty-one] twenty-two,
    10  for an eligible individual living with others with  or  without  in-kind
    11  income, [$817.00] $864.00; and for an eligible couple living with others
    12  with or without in-kind income, [$1,237.00] $1,307.00.
    13    (c)  On and after January first, two thousand [twenty-one] twenty-two,
    14  (i) for  an  eligible  individual  receiving  family  care,  [$1,060.48]
    15  $1,107.48 if he or she is receiving such care in the city of New York or
    16  the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
    17  eligible couple receiving family care in the city of  New  York  or  the
    18  county of Nassau, Suffolk, Westchester or Rockland, two times the amount
    19  set  forth in subparagraph (i) of this paragraph; or (iii) for an eligi-
    20  ble individual receiving such care in any other  county  in  the  state,
    21  [$1,022.48]  $1,069.48;  and  (iv) for an eligible couple receiving such
    22  care in any other county in the state, two times the amount set forth in
    23  subparagraph (iii) of this paragraph.
    24    (d) On and after January first, two thousand [twenty-one]  twenty-two,
    25  (i)  for  an eligible individual receiving residential care, [$1,229.00]
    26  $1,276.00 if he or she is receiving such care in the city of New York or
    27  the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
    28  eligible  couple  receiving  residential care in the city of New York or
    29  the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
    30  amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
    31  eligible individual receiving such care  in  any  other  county  in  the
    32  state,  [$1,199.00] $1,246.00; and (iv) for an eligible couple receiving
    33  such care in any other county in the state, two  times  the  amount  set
    34  forth in subparagraph (iii) of this paragraph.
    35    (e)  On and after January first, two thousand [twenty-one] twenty-two,
    36  (i) for an eligible  individual  receiving  enhanced  residential  care,
    37  [$1,488.00]  $1,535.00;  and  (ii)  for  an  eligible  couple  receiving
    38  enhanced residential care, two times the amount set  forth  in  subpara-
    39  graph (i) of this paragraph.
    40    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    41  vision  shall  be  increased to reflect any increases in federal supple-
    42  mental security income benefits for individuals or couples which  become
    43  effective  on  or after January first, two thousand [twenty-two] twenty-
    44  three but prior to June thirtieth,  two  thousand  [twenty-two]  twenty-
    45  three.
    46    § 3. This act shall take effect December 31, 2022.
 
    47                                   PART T

    48    Section  1.  Section 4 of part W of chapter 54 of the laws of 2016, as
    49  amended by section 1 of part M of chapter 56 of the laws of 2019, amend-
    50  ing the social services law relating to the powers and duties    of  the
    51  commissioner  of social services relating to the appointment of a tempo-
    52  rary operator, is amended to read as follows:
    53    § 4. This act shall take effect immediately and  shall  be  deemed  to
    54  have  been in full force and effect on and after April 1, 2016, provided

        S. 8006--C                         49                         A. 9006--C
 
     1  further that this act shall expire and  be  deemed  repealed  March  31,
     2  [2022] 2025.
     3    § 2. This act shall take effect immediately.
 
     4                                   PART U
 
     5    Section 1. Subdivision 4 of section 158 of the social services law, as
     6  amended  by  section 44 of part B of chapter 436 of the laws of 1997, is
     7  amended to read as follows:
     8    4. Social services officials shall determine  eligibility  for  safety
     9  net  assistance within [forty-five] thirty days of receiving an applica-
    10  tion for safety net assistance. Such officials shall  notify  applicants
    11  of  safety  net  assistance about the availability of assistance to meet
    12  emergency circumstances or to prevent eviction.
    13    § 2. Subdivision 8 of section 153  of  the  social  services  law,  as
    14  amended  by  chapter  41  of  the  laws  of  1992, is amended to read as
    15  follows:
    16    8. Any inconsistent provision of the law or regulation of the  depart-
    17  ment  notwithstanding,  state  reimbursement  shall  not be made for any
    18  expenditure made for the duplication of any grant and allowance for  any
    19  period,  except  as  authorized  by  subdivision  eleven  of section one
    20  hundred thirty-one of this chapter[, or for any home relief payment made
    21  for periods prior to forty-five days after the filing of an  application
    22  unless  the  district determines pursuant to department regulations that
    23  such assistance is required to meet emergency circumstances  or  prevent
    24  eviction].  Notwithstanding  any other provision of law, social services
    25  districts are not required to provide [home relief] safety  net  assist-
    26  ance  to  any  person, otherwise eligible, if state reimbursement is not
    27  available in accordance with this subdivision.
    28    § 3. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 8 of
    29  section 131-a of the social services law, subparagraph (ii)  as  amended
    30  by  section 12 of part B of chapter 436 of the laws of 1997 and subpara-
    31  graph (iii) as amended by chapter 246 of the laws of 2002,  are  amended
    32  to read as follows:
    33    (ii)  fifty percent of the earned income for such month of any recipi-
    34  ent; provided, however, that such percentage amount shall be adjusted in
    35  June of each year to reflect changes in the most recently issued poverty
    36  guidelines of the United States Bureau of the Census, such that a house-
    37  hold of three without special needs, living in a heated apartment in New
    38  York city and  without  unearned  income  would  become  ineligible  for
    39  assistance with gross earnings equal to the poverty level in such guide-
    40  lines;
    41    (iii)  from  the  earned income of any child, applicant, recipient, or
    42  relative applying for or receiving aid pursuant to such program,  or  of
    43  any  other  individual living in the same household as such relative and
    44  child whose needs are taken into account in making  such  determination,
    45  [the  first  ninety]  one  hundred  fifty dollars of the [total of such]
    46  earned income for such month that remains after application of  subpara-
    47  graph (ii) of this paragraph;
    48    [(iii)  forty-two  percent  of the earned income for such month of any
    49  recipient in a household containing  a  dependent  child  which  remains
    50  after   application  of  all  other  subparagraphs  of  this  paragraph;
    51  provided, however, that such percentage amount shall be adjusted in June
    52  of each year, commencing in nineteen hundred  ninety-eight,  to  reflect
    53  changes  in  the  most  recently issued poverty guidelines of the United
    54  States Bureau of the Census, such that  a  household  of  three  without

        S. 8006--C                         50                         A. 9006--C

     1  special needs, living in a heated apartment in New York city and without
     2  unearned  income would become ineligible for assistance with gross earn-
     3  ings equal to the poverty level in such guidelines;  provided,  however,
     4  that no assistance shall be given to any household with gross earned and
     5  unearned  income, exclusive of income described in subparagraphs (i) and
     6  (vi) of this paragraph, in excess of such poverty level;]
     7    § 4. Subdivision 10 of section 131-a of the  social  services  law  is
     8  REPEALED.
     9    §  5.  Subdivision  1  of section 131-n of the social services law, as
    10  separately amended by chapters   323 and 329 of the  laws  of  2019,  is
    11  amended to read as follows:
    12    1.  The  following resources shall be exempt and disregarded in calcu-
    13  lating the amount of benefits of any household under any public  assist-
    14  ance program: (a) cash and liquid or nonliquid resources up to two thou-
    15  sand  five  hundred  dollars  for  applicants, [or] three thousand seven
    16  hundred fifty dollars for applicants in  [the  case  of]  households  in
    17  which  any  member  is sixty years of age or older or is disabled or ten
    18  thousand dollars for recipients, (b) an amount up to four  thousand  six
    19  hundred fifty dollars in a separate bank account established by an indi-
    20  vidual  while currently in receipt of assistance for the sole purpose of
    21  enabling the individual to purchase a first or replacement  vehicle  for
    22  the  recipient  to  seek,  obtain or maintain employment, so long as the
    23  funds are not used for any other purpose, (c) an amount up to one  thou-
    24  sand  four  hundred dollars in a separate bank account established by an
    25  individual while currently in receipt of assistance for the  purpose  of
    26  paying  tuition  at  a  two-year  or four-year accredited post-secondary
    27  educational institution, so long as the funds are not used for any other
    28  purpose, (d) the home which is the usual residence of the household, (e)
    29  one automobile, up to ten thousand dollars fair  market  value,  through
    30  March thirty-first, two thousand seventeen; one automobile, up to eleven
    31  thousand  dollars  fair  market  value,  from  April first, two thousand
    32  seventeen through March thirty-first, two  thousand  eighteen;  and  one
    33  automobile,  up  to twelve thousand dollars fair market value, beginning
    34  April first, two thousand eighteen and thereafter, or such other  higher
    35  dollar  value  as the local social services district may elect to adopt,
    36  (f) one burial plot per household member as defined in department  regu-
    37  lations,  (g) bona fide funeral agreements up to a total of one thousand
    38  five hundred dollars in equity value per household member, (h) funds  in
    39  an  individual development account established in accordance with subdi-
    40  vision five of section three hundred fifty-eight  of  this  chapter  and
    41  section  four hundred three of the social security act, (i) for a period
    42  of six months, real property which the household is making a good  faith
    43  effort  to  sell, in accordance with department regulations and tangible
    44  personal property necessary for business or for employment  purposes  in
    45  accordance  with  department  regulations,  and (j) funds in a qualified
    46  tuition program that satisfies the requirement of  section  529  of  the
    47  Internal  Revenue Code of 1986, as amended, and [(j)] (k) funds in a New
    48  York achieving a better life experience savings account  established  in
    49  accordance with article eighty-four of the mental hygiene law.
    50    If  federal  law  or regulations require the exemption or disregard of
    51  additional income and resources in determining need for  family  assist-
    52  ance,  or medical assistance not exempted or disregarded pursuant to any
    53  other provision of this chapter,  the  department  may,  by  regulations
    54  subject  to  the  approval of the director of the budget, require social
    55  services officials to exempt or disregard  such  income  and  resources.

        S. 8006--C                         51                         A. 9006--C
 
     1  Refunds resulting from earned income tax credits shall be disregarded in
     2  public assistance programs.
     3    §  6.  This  act shall take effect October 1, 2022; provided, however,
     4  that effective immediately, any percentage adjustments reflecting chang-
     5  es in the poverty guidelines of the United States Bureau of  the  Census
     6  required  in  subparagraph  (iii)  of  paragraph (a) of subdivision 8 of
     7  section 131-a of the social services law through September 30, 2022, and
     8  in subparagraph (ii) of paragraph (a) of subdivision 8 of section  131-a
     9  of  the social services law on and after October 1, 2022, shall not take
    10  effect in the year 2022; and provided further  that  the  amendments  to
    11  subdivision  1  of  section  131-n  of  the  social services law made by
    12  section five of this act shall not affect the expiration of such section
    13  and shall be deemed to expire therewith.
 
    14                                   PART V
 
    15                            Intentionally Omitted
 
    16                                   PART W
 
    17                            Intentionally Omitted
 
    18                                   PART X
 
    19                            Intentionally Omitted
 
    20                                   PART Y
 
    21                            Intentionally Omitted
 
    22                                   PART Z
 
    23    Section 1. Notwithstanding any other provision  of  law,  the  housing
    24  trust  fund  corporation  may  provide, for purposes of the neighborhood
    25  preservation program, a sum not to exceed  $12,930,000  for  the  fiscal
    26  year ending March 31, 2023.  Within this total amount, $250,000 shall be
    27  used  for the purpose of entering into a contract with  the neighborhood
    28  preservation  coalition  to provide technical assistance and services to
    29  companies funded pursuant to article 16 of the private housing   finance
    30  law.    Notwithstanding  any  other provision of law, and subject to the
    31  approval of the New York state director of  the  budget,  the  board  of
    32  directors  of  the state of New York mortgage agency shall authorize the
    33  transfer to the housing trust fund  corporation,  for  the  purposes  of
    34  reimbursing  any costs associated with neighborhood preservation program
    35  contracts authorized  by  this  section,  a  total  sum  not  to  exceed
    36  $12,930,000,  such  transfer  to be made from (i) the special account of
    37  the mortgage insurance fund created pursuant to section  2429-b  of  the
    38  public  authorities  law,  in  an amount not to exceed the actual excess
    39  balance in the special account of the mortgage insurance fund, as deter-
    40  mined and certified by the state of New York  mortgage  agency  for  the
    41  fiscal  year  2021-2022  in accordance with section 2429-b of the public
    42  authorities law, if any, and/or (ii) provided that the reserves  in  the

        S. 8006--C                         52                         A. 9006--C
 
     1  project  pool  insurance  account of the mortgage insurance fund created
     2  pursuant to section 2429-b of the public authorities law are  sufficient
     3  to  attain and maintain the credit rating (as determined by the state of
     4  New  York  mortgage  agency) required to accomplish the purposes of such
     5  account, the project pool insurance account of  the  mortgage  insurance
     6  fund,  such transfer to be made as soon as practicable but no later than
     7  June 30, 2022.
     8    § 2. Notwithstanding any other provision of  law,  the  housing  trust
     9  fund  corporation  may  provide,  for purposes of the rural preservation
    10  program, a sum not to exceed $5,460,000 for the fiscal year ending March
    11  31, 2023.  Within this total amount, $250,000  shall  be  used  for  the
    12  purpose  of entering into a contract with  the  rural housing  coalition
    13  to provide technical assistance and services to companies funded  pursu-
    14  ant to article 17 of the private  housing  finance law.  Notwithstanding
    15  any  other provision of law, and subject to the approval of the New York
    16  state director of the budget, the board of directors of the state of New
    17  York mortgage agency shall authorize the transfer to the  housing  trust
    18  fund  corporation,  for the purposes of reimbursing any costs associated
    19  with rural preservation program contracts authorized by this section,  a
    20  total  sum  not  to exceed $5,460,000, such transfer to be made from (i)
    21  the special account of the mortgage insurance fund created  pursuant  to
    22  section 2429-b of the public authorities law, in an amount not to exceed
    23  the  actual excess balance in the special account of the mortgage insur-
    24  ance fund, as determined and certified by the state of New York mortgage
    25  agency for the fiscal year 2021-2022 in accordance with  section  2429-b
    26  of  the  public  authorities  law, if any, and/or (ii) provided that the
    27  reserves in the project pool insurance account of the mortgage insurance
    28  fund created pursuant to section 2429-b of the  public  authorities  law
    29  are  sufficient  to attain and maintain the credit rating (as determined
    30  by the state of New York mortgage agency)  required  to  accomplish  the
    31  purposes  of  such  account,  the  project pool insurance account of the
    32  mortgage insurance fund, such transfer to be made as soon as practicable
    33  but no later than June 30, 2022.
    34    § 3. Notwithstanding any other provision of  law,  the  housing  trust
    35  fund  corporation  may provide, for purposes of the rural rental assist-
    36  ance program pursuant to article 17-A of  the  private  housing  finance
    37  law,  a  sum  not to exceed $21,630,000 for the fiscal year ending March
    38  31, 2023.  Notwithstanding any other provision of law,  and  subject  to
    39  the  approval of the New York state director of the budget, the board of
    40  directors of the state of New York mortgage agency shall  authorize  the
    41  transfer  to  the  housing  trust  fund corporation, for the purposes of
    42  reimbursing any costs associated with rural  rental  assistance  program
    43  contracts  authorized  by  this  section,  a  total  sum  not  to exceed
    44  $21,630,000, such transfer to be made from (i) the  special  account  of
    45  the  mortgage  insurance  fund created pursuant to section 2429-b of the
    46  public authorities law, in an amount not to  exceed  the  actual  excess
    47  balance in the special account of the mortgage insurance fund, as deter-
    48  mined  and  certified  by  the state of New York mortgage agency for the
    49  fiscal year 2021-2022 in accordance with section 2429-b  of  the  public
    50  authorities  law,  if any, and/or (ii) provided that the reserves in the
    51  project pool insurance account of the mortgage  insurance  fund  created
    52  pursuant  to section 2429-b of the public authorities law are sufficient
    53  to attain and maintain the credit rating, as determined by the state  of
    54  New  York  mortgage  agency, required to accomplish the purposes of such
    55  account, the project pool insurance account of  the  mortgage  insurance

        S. 8006--C                         53                         A. 9006--C
 
     1  fund,  such  transfer  shall be made as soon as practicable but no later
     2  than June 30, 2022.
     3    § 4. This act shall take effect immediately.
 
     4                                   PART AA
 
     5                            Intentionally Omitted
 
     6                                   PART BB
 
     7                            Intentionally Omitted
 
     8                                   PART CC
 
     9                            Intentionally Omitted
 
    10                                   PART DD
 
    11                            Intentionally Omitted
 
    12                                   PART EE
 
    13                            Intentionally Omitted
 
    14                                   PART FF
 
    15                            Intentionally Omitted
 
    16                                   PART GG

    17    Section  1. The executive law is amended by adding a new section 202-a
    18  to read as follows:
    19    § 202-a. Language translation services.  1.  Each  state  agency  that
    20  provides  direct  public  services in New York state shall translate all
    21  vital documents relevant to services offered  by  the  agency  into  the
    22  twelve  most  common  non-English  languages  spoken  by limited-English
    23  proficient individuals in the state, based  on  the  data  in  the  most
    24  recent  American  Community  Survey  published  by  United States Census
    25  Bureau. Agencies subject to this section, in their discretion, may offer
    26  up to four additional languages beyond the twelve most common languages.
    27  Such additional languages shall  be  decided  by  the  state  agency  in
    28  consultation  with  the  office  of general services and approved by the
    29  office of general services based on the number of limited-English profi-
    30  cient immigrants of five years or less in New  York  state  in  need  of
    31  language  translation  services  according  to  the  American  Community
    32  Survey, including the  growth  of  recent  arrival  populations  in  the
    33  geographic regions in which the agency's services are offered, the popu-
    34  lation  of  limited-English proficient individuals served by the agency,
    35  feedback from impacted community or advocacy groups, and any other rele-
    36  vant data published by the United States Census Bureau.

        S. 8006--C                         54                         A. 9006--C

     1    2. Each agency subject to the provisions of this section shall  desig-
     2  nate  a  language  access  coordinator  who will work with the office of
     3  general services to ensure compliance  with  the  requirements  of  this
     4  section.
     5    3. Each agency subject to the provisions of this section shall develop
     6  a  language  access  plan  and submit such plan to the office of general
     7  services.
     8    (a) An agency's initial language access plan shall be  issued  by  the
     9  agency within ninety days of the effective date of this section.
    10    (b)  Language  access  plans  shall  be updated and reissued every two
    11  years on or before January first.
    12    (c) Language access plans shall set forth, at a minimum:
    13    (i) when and by what means the  agency  will  provide  or  is  already
    14  providing language assistance services;
    15    (ii)  the  titles  of  all  available  translated  documents  and  the
    16  languages into which they have been translated;
    17    (iii) the number of public contact positions in  the  agency  and  the
    18  number  of  bilingual  employees  in  public  contact positions, and the
    19  languages such employees speak;
    20    (iv) a training plan for agency employees which includes, at  minimum,
    21  annual training on the language access policies of the agency and train-
    22  ing in how to provide language assistance services;
    23    (v)  a  plan for annual internal monitoring of the agency's compliance
    24  with this section;
    25    (vi) a description of how the agency intends to notify the  public  of
    26  the agency's offered language assistance services;
    27    (vii)  an  assessment of the agency's service populations to determine
    28  whether additional languages of translation should be added  beyond  the
    29  top twelve languages;
    30    (viii) an explanation as to how the agency determined it would provide
    31  any additional language beyond the top twelve languages required by this
    32  section; and
    33    (ix) the identity of the agency's language access coordinator.
    34    4. Each agency subject to the provisions of this section shall:
    35    (a) provide interpretation services between the agency and an individ-
    36  ual  in each individual's primary language with respect to the provision
    37  of services or benefits by the agency; and
    38    (b) publish the agency's language access plan on the agency's website.
    39    5. For purposes of this section, "vital document" means any  paper  or
    40  digital  document that contains information that is critical for obtain-
    41  ing agency services or benefits or is otherwise required to be completed
    42  by law.
    43    6. The office of general services will ensure agency  compliance  with
    44  this  section  and  shall  prepare an annual report, which shall be made
    45  public on the office of general services website, detailing  each  agen-
    46  cy's progress and compliance with this section.
    47    § 2. This act shall take effect July 1, 2022.
 
    48                                   PART HH

    49    Section  1.  Section  211 of the retirement and social security law is
    50  amended by adding a new subdivision 9 to read as follows:
    51    9. Notwithstanding  the  provisions  of  this  section,  sections  two
    52  hundred  twelve  and  four  hundred one of this chapter and section five
    53  hundred three of the education law and any other law, regulation,  rule,
    54  local  law, or charter to the contrary, a retired person may be employed

        S. 8006--C                         55                         A. 9006--C
 
     1  and earn compensation in a position or positions in  the  service  of  a
     2  school  district  or  a board of cooperative educational services in the
     3  state without any effect on his or her status  as  retired  and  without
     4  suspension  or diminution of his or her retirement allowance and without
     5  prior approval pursuant to subdivision two  of  this  section.  Earnings
     6  received  as  a  result of employment in a school district or a board of
     7  cooperative educational services in the state shall not be applied to  a
     8  retired  person's  earnings  when  calculating  the earnings limitations
     9  imposed by subdivisions one and two of section  two  hundred  twelve  of
    10  this article.
    11    §  2.  This  act shall take effect immediately and shall expire and be
    12  deemed repealed June 30, 2023.
 
    13                                   PART II
 
    14                            Intentionally Omitted
 
    15                                   PART JJ
 
    16    Section 1. Section 33 of chapter 277 of the laws of 2021 amending  the
    17  labor  law  relating  to  the calculation of weekly employment insurance
    18  benefits for workers who are partially unemployed, as amended by chapter
    19  305 of the laws of 2021, is amended to read as follows:
    20    § 33. This act shall take effect on the thirtieth day after  it  shall
    21  have  become  a law; provided, however, that sections one through thirty
    22  of this act shall take effect on April 1, [2022]  2023  or  thirty  days
    23  after  the  commissioner of labor certifies that the department of labor
    24  has an information technology system capable of accommodating the amend-
    25  ments in this act, whichever occurs earlier; provided that section thir-
    26  ty-one of this act shall take effect on the thirtieth day after it shall
    27  have become a law and shall be applicable to new claims on such date and
    28  thereafter and shall be deemed repealed on the same date as the  remain-
    29  ing provisions of this act take effect.  In a manner consistent with the
    30  provisions  of  this section, the commissioner of labor shall notify the
    31  legislative bill drafting commission upon issuing  his  or  her  certif-
    32  ication in order that the commission may maintain an accurate and timely
    33  effective data base of the official text of the laws of the state of New
    34  York  in  furtherance  of  effecting the provisions of section 44 of the
    35  legislative law and  section  70-b  of  the  public  officers  law,  and
    36  provided  further that the amendments to subdivision 1 of section 591 of
    37  the labor law made by section twelve of this act shall be subject to the
    38  expiration and reversion of such subdivision pursuant to section  10  of
    39  chapter  413  of  the  laws of 2003, as amended, when upon such date the
    40  provisions of section thirteen of this act shall take  effect;  provided
    41  further  that  the  amendments to section 591-a of the labor law made by
    42  section fifteen of this act shall not affect the repeal of such  section
    43  and shall be deemed repealed therewith.
    44    § 2. This act shall take effect immediately.
 
    45                                   PART KK
 
    46    Section  1.  The  office  of temporary and disability assistance shall
    47  develop program materials which will be made available to utilities  and
    48  community  agencies  for  the  purpose of informing the public about the
    49  availability of existing and  new  utility  assistance  programs.  Local

        S. 8006--C                         56                         A. 9006--C
 
     1  social  service  districts may contract for the provision of an outreach
     2  program to inform potentially eligible households of the availability of
     3  assistance pursuant to section 131-s of the social services law.
     4    § 2. This act shall take effect immediately.
 
     5                                   PART LL
 
     6    Section  1.  Section  36-c  of  the  social services law is amended by
     7  adding a new subdivision 5 to read as follows:
     8    5. Upon the effective date of this subdivision, such  social  services
     9  district  shall  suspend  implementation  of  the demonstration program,
    10  provided that  (a)   the recipient's need for the shelter  component  of
    11  temporary  housing  assistance  shall not be reduced by the portion of a
    12  recipient's earned income that the recipient would  have  been  required
    13  under subdivision two of this section to deposit in a savings plan,  and
    14  (b)    funds collected from recipients pursuant to this section prior to
    15  the effective date of this subdivision shall continue to be treated  and
    16  made payable to recipients in accordance with the provisions of subdivi-
    17  sion three of this section.
    18    § 2. Subdivision c of section 2 of part K of chapter 58 of the laws of
    19  2010  amending  the  social  services  law  relating to establishing the
    20  savings plan demonstration project, as amended by section 2 of  part  DD
    21  of chapter 56 of the laws of 2018, is amended to read as follows:
    22    c. this act shall expire and be deemed repealed March 31, [2022] 2030.
    23    §  3.  This act shall take effect immediately, provided, however, that
    24  the amendments to section 36-c  of  the  social  services  law  made  by
    25  section  one  of  this act shall not affect the expiration and repeal of
    26  such section and shall be deemed to expire and repeal therewith.

    27                                   PART MM
 
    28    Section 1. Section 106 of the social services law is REPEALED.
    29    § 2. This act shall take effect immediately.
 
    30                                   PART NN
 
    31    Section 1. By September 1, 2023, the state university of New York  and
    32  the city university of New York shall each submit a report to the gover-
    33  nor,  the  temporary  president  of  the  senate, and the speaker of the
    34  assembly detailing the hiring of  faculty  at  their  respective  insti-
    35  tutions in the two thousand twenty-two-two thousand twenty-three academ-
    36  ic  year  pursuant  to any state funding appropriated for such purposes.
    37  Such report shall include, but not be limited to, the following informa-
    38  tion:
    39    1. the number of faculty hired, including a breakdown, by  campus,  of
    40  the number of full-time tenured faculty, full-time tenure-track faculty,
    41  full-time  non-tenure track faculty, part-time faculty, adjunct faculty,
    42  lecturers, visiting faculty, and any other related position;
    43    2. the number of unfilled faculty positions at each campus;
    44    3. the ratio of full-time faculty to full-time equivalent students  at
    45  each campus;
    46    4. the number of credit hours taught by full-time faculty, per year;
    47    5.  the  number of credit hours taught by part-time faculty, per year;
    48  and

        S. 8006--C                         57                         A. 9006--C
 
     1    6. deidentified demographic data of faculty hired, including  but  not
     2  limited  to  age, race, gender, military or veteran status, and disabled
     3  status.
     4    § 2. This act shall take effect immediately.
 
     5                                   PART OO
 
     6    Section 1. Paragraph b of subdivision 3 of section 679-c of the educa-
     7  tion  law, as amended by section 1 of part E-3 of chapter 57 of the laws
     8  of 2007, is amended to read as follows:
     9    b. [The total cost of the Senator Patricia K.  McGee  nursing  faculty
    10  scholarship  program  shall  not  exceed  an  annual cost of two million
    11  dollars, and no] No annual award shall exceed twenty thousand dollars.
    12    § 2. Subdivision 3 of section 679-f of the education law, as added  by
    13  section  1  of  part  Y of chapter 56 of the laws of 2014, is amended to
    14  read as follows:
    15    3. Awards. [No greater than ten awards] Awards  shall  be  granted  to
    16  qualified  applicants  in  the  amount of up to ten thousand dollars per
    17  year, per applicant, not to exceed a duration of five years and  not  to
    18  exceed  the  total  amount  of  such  applicant's student loan debt. The
    19  corporation shall grant such awards within amounts appropriated for such
    20  purposes and based on the availability of funds. No one applicant  shall
    21  receive  more  than  a total of fifty thousand dollars upon the end of a
    22  five year period.
    23    § 3. This act shall take effect immediately.
 
    24                                   PART PP
 
    25    Section 1. Articles 17, 17-A and 17-B of the executive law and  subdi-
    26  vision 1-c of section 247 of the military law are REPEALED.
    27    §  2.  Chapter  13  of  the  consolidated  laws  is enacted to read as
    28  follows:
    29                     CHAPTER 13 OF THE CONSOLIDATED LAWS
    30                             VETERANS' SERVICES
    31                                  ARTICLE 1
    32                      DEPARTMENT OF VETERANS' SERVICES
    33  Section 1.  Definitions.
    34          2.  Department of veterans' services.
    35          3.  Veterans' services commission.
    36          4.  General functions, powers and duties of department.
    37          5.  Veteran speaker education program.
    38          6.  Cooperation and facilities of other departments.
    39          7.  Information on status of veterans receiving assistance.
    40          8.  New York state supplemental burial allowance for members  of
    41                the  uniformed  services  of  the  United States killed in
    42                combat or duty subject to hostile fire or imminent danger,
    43                as defined in 37 USC § 310.
    44          9.  New York state veteran burial fund.
    45          10. Time within which marriage may be solemnized; member of  the
    46                uniformed services.
    47          11. Use  of  personal  confidential  information  obtained  from
    48                veterans or family members of veterans receiving  services
    49                from the state and political subdivisions thereof.
    50          12. Acceptance of gifts.
    51          13. State veterans' service agency.
    52          14. Local veterans' service agencies.

        S. 8006--C                         58                         A. 9006--C
 
     1          15. Powers and duties of local veterans' service agencies.
     2          16. Location and cost of local veterans' service agencies; depu-
     3                ty local directors.
     4          17. Local veterans' service committees.
     5          18. Appropriations  for  expenses and activities of local veter-
     6                ans' service agencies.
     7          19. Women veterans coordinator.
     8          20. Women veterans advisory committee.
     9          21. Creation of annuity.
    10          22. Evidence of entitlement.
    11          23. Persons who may receive annuity.
    12          24. New York state veterans' cemeteries.
    13          25. Veterans health screening.
    14          26. Payment to parents of veterans.
    15          27. Cremated remains of a veteran.
    16          28. New York state silver rose veterans service certificate.
    17          29. Intake forms for admission and residency.
    18    § 1. Definitions. When used in this article:
    19    1. The term "department" means the department of veterans' services.
    20    2. The term "state commissioner" means the New York state commissioner
    21  of veterans' services.
    22    3. The term "veteran" means a person who served on active duty in  the
    23  uniformed  services of the United States, or in the army national guard,
    24  air national guard, or service as a commissioned officer in  the  public
    25  health  service,  commissioned officer of the national oceanic and atmo-
    26  spheric  administration  or  environmental  sciences  services  adminis-
    27  tration,  cadet at a United States armed forces service academy, and who
    28  has been released from such service under other than dishonorable condi-
    29  tions.
    30    4. The term "uniformed services" means the army, navy,  marine  corps,
    31  air  force,  space force, coast guard, public health commissioned corps,
    32  and the national oceanic  and  atmospheric  administration  commissioned
    33  officer corps of the United States.
    34    5.  The  term  "local director" means the director of a county or city
    35  veterans' service agency.
    36    6. The term "county director" means  a  local  director  of  a  county
    37  veterans' service agency.
    38    7. The term "city director" means a local director of a city veterans'
    39  service agency.
    40    8. The term "qualifying condition" means a diagnosis of post-traumatic
    41  stress  disorder  or traumatic brain injury made by, or an experience of
    42  military sexual trauma, as described in 38 USC 1720D,  as  amended  from
    43  time  to  time,  disclosed  to, an individual licensed to provide health
    44  care services at a United States Department of Veterans Affairs facility
    45  or an individual licensed to provide health  care  services  within  the
    46  state of New York. The department shall develop a standardized form used
    47  to confirm that the veteran has a qualifying condition under this subdi-
    48  vision.
    49    9.  The  term  "discharged  LGBT  veteran"  means  a  veteran  who was
    50  discharged less than honorably from the uniformed services due to  their
    51  sexual  orientation or gender identity or expression, as those terms are
    52  defined in section two hundred  ninety-two  of  the  executive  law,  or
    53  statements,  consensual  sexual  conduct, or consensual acts relating to
    54  sexual orientation, gender identity or expression, or the disclosure  of
    55  such statements, conduct, or acts, that were prohibited by the branch of
    56  the  uniformed  services  at the time of discharge. The department shall

        S. 8006--C                         59                         A. 9006--C
 
     1  establish a consistent and uniform process to determine whether a veter-
     2  an qualifies as  a  discharged  LGBT  veteran  under  this  subdivision,
     3  including, at a minimum, standards for verifying a veteran's status as a
     4  discharged  LGBT veteran, and a method of demonstrating eligibility as a
     5  discharged LGBT veteran.
     6    § 2. Department of veterans'  services.  There  is  hereby  created  a
     7  department  of  veterans' services. The head of such department shall be
     8  the New York state commissioner of veterans' services  who  shall  be  a
     9  veteran.  He  or  she  shall be appointed by the governor and shall hold
    10  office during his or her pleasure. Such state commissioner shall receive
    11  an annual salary to be fixed  by  the  governor  within  the  limitation
    12  provided  by law. He or she shall also be entitled to receive his or her
    13  expenses actually and necessarily incurred by him or her in the perform-
    14  ance of his or her duties.  The state commissioner, with the approval of
    15  the governor, may establish such bureaus within the  department  as  are
    16  necessary  and appropriate to carrying out its functions and may consol-
    17  idate or abolish such bureaus. The state commissioner may  appoint  such
    18  officers,  consultants,  clerks  and other employees and agents as he or
    19  she may deem necessary, fix their  compensation  within  the  limitation
    20  provided by law, and prescribe their duties.
    21    §  3.  Veterans' services commission. 1. There shall be in the depart-
    22  ment a veterans' services commission, which shall consist of the members
    23  and the ex officio members provided for in this section.
    24    2. There shall be thirteen members of  the  commission  who  shall  be
    25  veterans appointed by the governor, including two appointed on recommen-
    26  dation of the temporary president of the senate, one appointed on recom-
    27  mendation  of the minority leader of the senate, two appointed on recom-
    28  mendation  of  the  speaker  of  the  assembly,  and  one  appointed  on
    29  recommendation  of  the minority leader of the assembly. The appointment
    30  of members made by the governor without recommendation shall be  subject
    31  to  advice  and  consent  of the senate.   The members of the commission
    32  shall serve for terms of three years each. Appointed  members  presently
    33  serving  on  the commission shall continue to serve for the remainder of
    34  the term appointed.  Any member chosen to fill  a  vacancy  of  such  an
    35  appointed member occurring otherwise than by expiration of term shall be
    36  appointed  for the remainder of the unexpired term of the member whom he
    37  or she is to succeed. Members appointed as provided in this  subdivision
    38  shall  receive  no salary or other compensation, but each shall be enti-
    39  tled to receive  expenses  actually  and  necessarily  incurred  in  the
    40  performance of their duties.
    41    3.  Ex  officio  members. (a) The adjutant general of the state of New
    42  York shall be an ex officio member of the commission.
    43    (b) In addition, the state commissioner may appoint the  head  of  any
    44  other  state agency or their designee as a non-voting, ex officio member
    45  of the commission. Such appointments shall expire annually  on  December
    46  thirty-first  unless  such appointments are renewed by the state commis-
    47  sioner.
    48    4. One of the members of the commission, which shall include the adju-
    49  tant general, shall be designated as chairperson by  the  governor.  The
    50  designation shall be in writing and shall be filed with the commission.
    51    5.  The  commission  shall  have  power,  and it shall be its duty, to
    52  assist the state commissioner in the formulation of  policies  affecting
    53  veterans  and  in  the  coordination of all operations of state agencies
    54  relating to veterans' services.
    55    § 4. General functions, powers and duties of department.  The  depart-
    56  ment,  by  and through the state commissioner or his or her duly author-

        S. 8006--C                         60                         A. 9006--C
 
     1  ized officer or employee, shall have the following functions, powers and
     2  duties:
     3    1. To coordinate the program and activities of departments, divisions,
     4  boards,  bureaus,  commissions  or agencies of the state or of any poli-
     5  tical subdivision of the state in providing services and  facilities  to
     6  members  of  the uniformed services and to veterans who are residents of
     7  this state and their families.
     8    2. To maintain  liaison  with  other  public  officials  and  agencies
     9  concerned  with the development or execution of plans for members of the
    10  uniformed services and veterans who are residents  of  this  state,  and
    11  their  families,  and to assist in the development and execution of such
    12  plans.
    13    3. To establish, direct and supervise a state veterans' services agen-
    14  cy; and to create or designate other agencies of the department  to  aid
    15  and  assist  in the discharge of one or more of its functions, powers or
    16  duties under this article, and grant authority to such agencies  as  may
    17  be  deemed  necessary  for  the  effective accomplishment of any of such
    18  functions, powers or duties.
    19    4. To operate and maintain veterans benefits advisement and to  admin-
    20  ister  benefits  for  members of the uniformed services and veterans who
    21  are residents of this state, and their families.
    22    5. To provide seminars three times per year  at  locations  throughout
    23  the  state  to  advise veterans and their surviving spouses, who are age
    24  sixty-two or older, of veterans' benefits for which they may be eligible
    25  from the state and federal governments, and the means of obtaining  such
    26  benefits.
    27    6.  To  provide  seminars three times per year at locations throughout
    28  the state to advise women veterans of their benefits for which they  may
    29  be eligible from the state and federal governments, the means of obtain-
    30  ing  such  benefits  and  other  topics,  including, but not limited to,
    31  health care issues of specific interest to women veterans.
    32    7. To provide in cooperation with the office of general  services  and
    33  the  office  of  the  comptroller  a  series  of seminars, that shall be
    34  conducted four or more times per year at regional sites located through-
    35  out the state of New York for  the  purpose  of  advising  veteran-owned
    36  businesses  regarding the opportunities available for obtaining procure-
    37  ment contracts from New York state agencies, municipalities, and author-
    38  ities. Furthermore the seminars shall provide requirements and  training
    39  that will enable veteran-owned businesses to successfully participate in
    40  the procurement process.
    41    8.  To  execute and assist in the execution of plans for the efficient
    42  utilization of the resources and facilities  of  the  state  in  matters
    43  related  to members of the uniformed services and veterans who are resi-
    44  dents of this state, and their families.
    45    9. To make studies and analyses and  develop  and  execute  plans  for
    46  assistance  and benefits to members of the uniformed services and veter-
    47  ans who are residents  of  this  state,  and  their  families,  and  the
    48  creation of agencies, institutions and facilities therefor.
    49    10. To prepare and submit a report, in consultation with the office of
    50  temporary  and disability assistance, department of labor, and office of
    51  children and family services to determine the number of homeless persons
    52  in New York state that are veterans.  Such report shall include, but not
    53  be limited to, the following information to the extent it is  reasonably
    54  accessible  to  the  department: (a) an analysis of veterans in New York
    55  state who are currently homeless, or  have  been  homeless  within  five
    56  years of being released from active duty including an analysis of gender

        S. 8006--C                         61                         A. 9006--C
 
     1  as  it  relates  to  homelessness of veterans; (b) data on the number of
     2  children of homeless veterans, including the current placement  of  such
     3  children;  (c)  cases  of military sexual trauma experienced by homeless
     4  veterans  while  on active duty or during military training, including a
     5  breakdown of the collected data based upon the gender of the victim; and
     6  (d) the unemployment rate for New York state veterans. The  term  "chil-
     7  dren  of homeless veterans" shall mean a person who is unmarried and who
     8  is under the age of eighteen years, and is  the  biological  or  legally
     9  adopted  child of a veteran. The report shall be delivered to the gover-
    10  nor, the speaker of the assembly and  the  temporary  president  of  the
    11  senate  by  June  thirtieth,  two  thousand twenty and every three years
    12  thereafter. Such report shall be publicly available and  posted  on  the
    13  department of veterans' services website.
    14    11.  To develop and encourage plans for the occupational reorientation
    15  of veterans who are residents of this state, including the determination
    16  and certification of civilian equivalents for  military  experience  and
    17  the development and encouragement of on-the-job training and apprentice-
    18  ship  training  programs.  Furthermore,  the department shall provide an
    19  internet connection to correlate military occupations  and  skills  into
    20  civilian translations and terms.
    21    12.  To  provide information regarding resources that are available to
    22  assist veterans in establishing and sustaining a small business by main-
    23  taining a small business portal on the  department's  internet  website.
    24  Such  portal  shall  provide  virtual  links  to  appropriate government
    25  programs including, but not limited to the United States  Department  of
    26  Veterans'  Affairs.  The  department may consult with the New York State
    27  Small Business Development Center and any other appropriate state  agen-
    28  cies.  The  department  shall  make reference to this information in its
    29  newsletter, at the three seminars sponsored by the  department  pursuant
    30  to  subdivisions  five,  six,  and  seven of this section and the annual
    31  report to the governor and the legislature as  provided  in  subdivision
    32  seventeen of this section. Such information required under this subdivi-
    33  sion  shall be maintained and updated annually. The information may also
    34  be made available in printed form.
    35    13. To provide information regarding resources that are  available  to
    36  assist  veterans  in  obtaining  employment  by  maintaining a veterans'
    37  employment portal on the  department's  internet  website.  Such  portal
    38  shall  provide virtual links to appropriate governmental programs on the
    39  federal and state level, including, but not limited to the United States
    40  department of labor and the New York  state  department  of  labor.  The
    41  department  may consult with members of the community devoted to helping
    42  veterans obtain employment. The department shall make reference to  this
    43  information  pursuant  to  subdivisions  five,  six,  and  seven of this
    44  section and the annual report to the governor  and  the  legislature  as
    45  provided  in  subdivision  seventeen  of  this section. Such information
    46  required under this subdivision shall be maintained and updated  annual-
    47  ly. The information may also be made available in printed form.
    48    14.  To  adopt, promulgate, amend and rescind suitable rules and regu-
    49  lations to carry out the provisions of this article.
    50    15. To recommend to  the  legislature  and  the  governor  legislative
    51  proposals  for  the  benefit  of  members  of the uniformed services and
    52  veterans who are residents of this state, and their families.
    53    16. To exercise and perform such other functions, powers and duties as
    54  may be deemed necessary to protect the interests and promote the welfare
    55  of members of the uniformed services and veterans who are  residents  of
    56  this state, and their families.

        S. 8006--C                         62                         A. 9006--C

     1    17. To render each year to the governor and to the legislature a writ-
     2  ten report of the activities and recommendations of the department.
     3    18.  (a) For the purpose of providing for the construction, establish-
     4  ment, expansion, improvement, support, operation,  maintenance  and  the
     5  provision  of  perpetual  care  for  state veterans' cemeteries, to seek
     6  funding from, and make application for funding to:
     7    (1) the government of the  United  States,  including  any  agency  or
     8  public authority thereof;
     9    (2)  the  government of the state of New York, including any agency or
    10  public authority thereof;
    11    (3) any political subdivision of the government of the  state  of  New
    12  York, including any agency or public authority thereof; or
    13    (4) any private individual, corporation or foundation;
    14    (b)  Pursuant  to section twenty-three of this article, to provide for
    15  the construction, establishment, expansion, improvement, support, opera-
    16  tion, maintenance and the provision of perpetual care for state veterans
    17  cemeteries;
    18    (c) To expend moneys from the veterans remembrance and cemetery  main-
    19  tenance  and operation fund, established pursuant to section ninety-sev-
    20  en-mmmm of the state finance law; and
    21    (d) To evaluate, monitor and otherwise oversee the operation of veter-
    22  ans cemeteries in this state.
    23    19. To make application to the government of the United States or  any
    24  political  subdivision, agency or instrumentality thereof, for funds for
    25  the purpose of providing an optional fund for the burial of veterans who
    26  (i) were honorably discharged or (ii) had  a  qualifying  condition,  as
    27  defined  in  section one of this article, and received a discharge other
    28  than bad conduct or dishonorable, or (iii) were a discharged LGBT veter-
    29  an, as defined in section one of this article, and received a  discharge
    30  other  than  bad conduct or dishonorable, in any not-for-profit cemetery
    31  corporation in this state; provided, however, that all costs  associated
    32  with the establishment of such optional fund shall be borne by the poli-
    33  tical  subdivision,  agency or instrumentality with which the department
    34  has contracted.
    35    20. To establish, operate and maintain a toll-free  telephone  number,
    36  under  the  supervision  of  the  state commissioner, for the purpose of
    37  providing callers thereof with information relating to services provided
    38  by the department as well as services and programs provided to  veterans
    39  by other agencies, bureaus and organizations. Such services and programs
    40  shall  include,  but  not  be  limited to, educational and job benefits,
    41  tuition assistance programs, survivor benefits, health and mental health
    42  referrals and real property tax exemptions.
    43    21. To establish, operate and  maintain  a  free  mobile  application,
    44  under  the  supervision  of  the state commissioner, for the purposes of
    45  providing veterans and their family members with information,  available
    46  on a region-specific basis, relating to services provided by the depart-
    47  ment  as  well  as  services  and programs provided to veterans by other
    48  state agencies, the federal government, and  other  organizations.  Such
    49  services  and  programs shall include, but not be limited to educational
    50  and job benefits, tuition assistance programs, survivor benefits, health
    51  and mental health referrals,  and  real  property  tax  exemptions.  The
    52  department's  website  shall  contain a link to the free mobile applica-
    53  tion.
    54    22. To develop, jointly with the commissioner of education, a form  by
    55  which  the  parent  or person in parental relation to a designated child
    56  may, should he or she so elect, report to the department that  a  parent

        S. 8006--C                         63                         A. 9006--C
 
     1  of such child is a veteran of the uniformed services who served in Viet-
     2  nam during the Vietnam conflict. This form shall: (i) clearly state that
     3  the parent or person in parental relation is not required to provide the
     4  information requested and that the information will have no bearing upon
     5  the  services  the  child  will receive; (ii) state that the information
     6  will be  used  exclusively  for  research  purposes  and  explain  those
     7  research  purposes  in  plain language; and (iii) provide the address to
     8  which the form is to be mailed, should the parent or person in  parental
     9  relation  elect  to  make such report. For the purposes of this subdivi-
    10  sion, the term "designated child" shall mean a  child  designated  by  a
    11  school  district  committee  on  special  education  pursuant to section
    12  forty-four hundred two of the education law as either learning  disabled
    13  or emotionally disturbed.
    14    23.  To  process all information received from nursing homes and resi-
    15  dential health care facilities, including assisted living  and  assisted
    16  living  residences  as defined in section forty-six hundred fifty-one of
    17  the public health law, and adult care facilities authorized under  title
    18  two  of  article seven of the social services law, indicating veteran or
    19  veteran spouse status. Such processing shall occur by transmitting  such
    20  information to veterans benefits advisors for review and potential link-
    21  age to applicable benefits, including but not limited to federal aid and
    22  attendance  and  a  federal  improved pension program. Veterans benefits
    23  advisors shall work with county veterans service officers or any accred-
    24  ited service officers of an organization chartered by  the  congress  of
    25  the  United  States  and/or  recognized  by  the  department of veterans
    26  affairs for claim representation as  necessary  and  where  appropriate.
    27  Such information shall be protected as personal confidential information
    28  under  article  six-A  of  the public officers law against disclosure of
    29  confidential material, and shall be used only  to  assist  in  providing
    30  linkage  to applicable benefits and entitlements under federal and state
    31  law.
    32    24. To include within the annual report  as  required  by  subdivision
    33  seventeen  of this section an accounting of the number of forms received
    34  from nursing homes and residential  health  care  facilities,  including
    35  assisted  living  and  assisted  living residences as defined in section
    36  forty-six hundred fifty-one of the public health  law,  and  adult  care
    37  facilities  authorized  under  title  two of article seven of the social
    38  services law, and the specific number of veterans and spouses of  veter-
    39  ans linked to applicable benefits, including, but not limited to federal
    40  aid  and  attendance and a federal improved pension program. Such report
    41  shall evaluate the average time taken by the department between  receipt
    42  of  such  information,  transmission  to  veterans benefits advisors and
    43  linkage to available benefits.  Such  report  shall  also  evaluate  the
    44  effectiveness  of  the program and make recommendations for improvements
    45  as necessary.
    46    25. To encourage the development of and to provide for the  establish-
    47  ment of a state women veterans coordinator, as provided in section nine-
    48  teen of this article.
    49    26.  To  make  available  information  on  accident prevention courses
    50  approved by the commissioner of motor vehicles  online  on  the  depart-
    51  ment's website. The department shall provide a link to the department of
    52  motor  vehicles  website  pages  containing  information on the accident
    53  prevention courses.
    54    27. To provide information regarding resources that are  available  to
    55  assist  veterans  who  experience mental health or substance abuse prob-
    56  lems, and veterans with physical  disabilities,  by  maintaining  mental

        S. 8006--C                         64                         A. 9006--C
 
     1  health, substance abuse and physical disabilities portals on the depart-
     2  ment's  internet  website.  Such  portals shall provide virtual links to
     3  appropriate governmental programs on the federal and  state  levels  and
     4  information  on  suicide  prevention,  peer  outreach  and  support, and
     5  services that address the special needs of physically disabled veterans.
     6  The department may consult with the office of mental health, the  office
     7  of  addiction  services  and  supports, the department of health and the
     8  department of labor. The department shall make reference to this  infor-
     9  mation  provided  pursuant  to subdivisions five and six of this section
    10  and in the annual report to the governor and  the  legislature  required
    11  pursuant  to  subdivision  seventeen  of  this section. Such information
    12  required under this subdivision shall be maintained and updated  annual-
    13  ly.
    14    28.  To  include  within  the annual report as required by subdivision
    15  seventeen of this section an accounting of the number  of  veteran-owned
    16  small businesses in the state of New York, to be listed by the following
    17  designations: small business concern owned and controlled by veterans as
    18  set  forth in 15 U.S.C. section 632(Q)(3), as amended from time to time,
    19  and service disabled veteran-owned business enterprise as set  forth  in
    20  article  three  of  this  chapter. Such listing shall include but not be
    21  limited to the name of the veteran owner or  owners  of  each  business,
    22  location of each such business, the type of each such business and when-
    23  ever  practicable, be divided into categories of labor, services, equip-
    24  ment, materials and recognized construction trades. The department shall
    25  request this information annually from the U.S.  department of  veterans
    26  affairs,  any  other  appropriate federal agencies and the department of
    27  service-disabled veterans' business  development  within  the  New  York
    28  state office of general services.
    29    29.  To  maintain  a fact sheet on the department's webpage containing
    30  (a) contact information for all  veterans  integrated  service  networks
    31  located within the state, (b) current contact information for the United
    32  States  veterans  health administration including VA medical centers and
    33  clinics and (c) contact information for each New  York  State  veterans'
    34  home.  The  fact  sheet  shall  be  entitled,  "Information for Veterans
    35  concerning Health Care Options" and shall be updated annually.
    36    30. To maintain a listing on the department's  website  of  the  local
    37  veterans'  service  agencies established pursuant to section fourteen of
    38  this article with the name, location, hours  of  operation  and  contact
    39  information  of  each  county  and  city  veterans'  service agency. The
    40  department shall also provide this information in its annual  report  to
    41  the  governor  and  the  legislature as required pursuant to subdivision
    42  seventeen of this section.  Information under this subdivision shall  be
    43  provided  to  the  department by each local veterans' service agency and
    44  shall be updated annually.
    45    31. To maintain a discharge upgrade advisory board program within  the
    46  department  to provide written non-binding advisory opinions to veterans
    47  of the state of New York appealing their character of discharge from the
    48  discharge review board or the board for corrections of military  records
    49  for  their  branch  of  service  on the federal level.   Individuals may
    50  submit an application with evidence, including all  relevant  documents,
    51  which  shall be reviewed by the discharge upgrade advisory board program
    52  in a timely manner. If such board finds the veteran's application for  a
    53  discharge upgrade is meritorious, then the board will provide the veter-
    54  an  with  a written opinion advocating for the discharge review board or
    55  board for corrections of military or naval records to grant that  veter-
    56  an's  appeal.  The  department  shall  post information on the discharge

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     1  upgrade advisory board program  on  its  official  webpage.  The  annual
     2  report  required  by subdivision seventeen of this section shall contain
     3  information including, but not limited to, the number of cases reviewed,
     4  and  the  number  of cases where a veteran's application was found to be
     5  meritorious.
     6    32. To provide information regarding resources that are  available  to
     7  assist  veterans  who experienced military sexual trauma while on active
     8  duty or during military training, by maintaining a military sexual trau-
     9  ma portal on  the  department's  internet  website.  Such  portal  shall
    10  provide virtual links to appropriate governmental programs on the feder-
    11  al  and  state  levels.    The department may consult with the office of
    12  mental health and the department of health. The  department  shall  make
    13  reference to this information provided pursuant to subdivisions five and
    14  six  of  this  section  and in the annual report to the governor and the
    15  legislature required pursuant to subdivision seventeen of this  section.
    16  Such information required under this subdivision shall be maintained and
    17  updated annually.
    18    33.  To  make  widely available to the public via, among other things,
    19  publication on the department's  website  and  free  mobile  application
    20  pursuant  to subdivision twenty-one of this section, information regard-
    21  ing the veterans remembrance and cemetery maintenance and operation fund
    22  established pursuant to section ninety-seven-mmmm of the  state  finance
    23  law.
    24    34.  To prepare   and   submit  a  report  in  consultation  with  the
    25  department  of health and the department of mental hygiene including the
    26  following information to the extent it is reasonably accessible: (a) the
    27  number of veterans who died by suicide; (b) trends of  veterans  suicide
    28  rates  over the last five years, including details by period of military
    29  service;  and (c) a comparison  of  veterans  suicide  rates  by county,
    30  statewide and nationwide. Such report shall be delivered to the governor
    31  and legislature no later than June thirteenth, two thousand  twenty-four
    32  and  every  three    years    thereafter. Such report shall also be made
    33  available on the division's website.
    34    35. The department shall: (a) forward completed forms received from  a
    35  coroner, coroner's physician or medical examiner pursuant to section six
    36  hundred  seventy-seven of the county law to the office of mental hygiene
    37  pursuant to subdivision (g) of section 7.07 of the mental hygiene law in
    38  a timely manner; and (b) compile such information for inclusion  in  the
    39  annual report pursuant to this section.
    40    36.  To  coordinate  outreach  efforts  that  ensure  members  of  the
    41  uniformed services and veterans who are residents  of  this  state,  and
    42  their families, are made aware of services for veterans from any depart-
    43  ments,  divisions, boards, bureaus, commissions or agencies of the state
    44  or any political subdivision of this state.
    45    37. To develop collaborative relationships among state,  federal,  and
    46  local  agencies and private organizations, including but not  limited to
    47  the  office  of mental health, state office for the aging, and office of
    48  addiction services and supports, to help facilitate access  to  services
    49  by   members   of  the uniformed services and veterans who are residents
    50  of the state and their families.
    51    § 5. Veteran speaker education program. 1. There is hereby established
    52  within the department a veteran speaker education program to  be  devel-
    53  oped  and  implemented  by  the  commissioner  in  consultation with the
    54  commissioner of the New York state military museum and veterans resource
    55  center and in accordance with the provisions  of  this  section.    Such
    56  program  shall provide school districts within this state with a listing

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     1  of available veteran  speakers  willing  to  visit  classrooms  for  the
     2  purpose of discussing their military experience.
     3    2.  The  department,  from  its  available resources, shall develop an
     4  informational pamphlet to be distributed either  by  mail  or  electron-
     5  ically  to  school  districts  which  provides a general overview of the
     6  program including its purpose and how to participate.    The  department
     7  shall, in consultation with congressionally chartered veterans organiza-
     8  tions and local veterans services agencies, appoint and create a listing
     9  of  veteran speakers coordinators for each county of the state who shall
    10  be listed in the informational pamphlet. The veteran speakers  coordina-
    11  tors' duties shall include but not be limited to contacting veterans who
    12  reside  in  their  county  including  those who have participated in the
    13  veteran's oral history program at the New York state military museum  or
    14  the  West  Point oral history project or the veterans history project of
    15  the American Folklore Center or any similar oral  history  project  with
    16  information  about this program and inquiring as to whether such persons
    17  would be willing to participate as speakers or in  any  other  capacity.
    18  The  listing  shall  include  the names and contact information for such
    19  veterans including information describing the type of  military  service
    20  performed by each such person, the time and length of service, geograph-
    21  ic  area or areas where such person served and rank.  The veteran speak-
    22  ers coordinators shall annually update such  information  regarding  the
    23  availability of such veterans.
    24    3.  No  teacher  or  veteran  shall be required to participate in this
    25  program.  Any teacher who wishes to  supplement  his  or  her  classroom
    26  instruction concerning a particular era in American military history may
    27  contact  a  participating veteran personally to request that such person
    28  visit a classroom to discuss his or her military experience.  A  teacher
    29  shall  be  responsible  for  ascertaining  the  appropriateness  of  any
    30  proposed speaker based upon the age of the  children  and  the  intended
    31  subject  matter.  Nothing in this section shall be intended to supersede
    32  any particular or general school rules  or  regulations  or  other  laws
    33  relating to curriculum.
    34    4.  The  department  shall  require  a certified copy of the veteran's
    35  discharge papers to participate in the  veteran  speaker  program.  Such
    36  form  shall  be filed with the department to serve as evidence that such
    37  person is a veteran who served in the United States military honorably.
    38    5. The department shall implement a procedure for evaluations of  each
    39  speaker  to  be  completed  by  teachers and students, and maintain such
    40  evaluations and make them available upon request to other  teachers  who
    41  plan to participate.
    42    6.  The  department  may consult with other veterans organizations and
    43  any branch of the U.S. military in the development of this program.
    44    § 6. Cooperation and facilities of other  departments.  To  effectuate
    45  the  purposes  of  this article, the governor may direct any department,
    46  division, board, bureau, commission or agency of the state,  or  of  any
    47  political  subdivision  thereof, to cooperate with and assist and advise
    48  the department in the performance of its duties and  functions,  and  to
    49  provide  such  facilities,  including  personnel,  materials  and  other
    50  assistance and data as will enable the department or any of its agencies
    51  to properly carry out its activities and effectuate its  purposes  under
    52  this article.
    53    §  7. Information on status of veterans receiving assistance.  Depart-
    54  ments, divisions, bureaus, boards, commissions and agencies of the state
    55  and political subdivisions thereof, which provide assistance, treatment,
    56  counseling, care, supervision or  custody  in  service  areas  involving

        S. 8006--C                         67                         A. 9006--C
 
     1  health,  mental health, family services, criminal justice or employment,
     2  including but not limited  to  the  office  of  addiction  services  and
     3  supports,  office of mental health, office of probation and correctional
     4  alternatives,  office  of children and family services, office of tempo-
     5  rary and disability assistance,  department  of  health,  department  of
     6  labor,  local workforce investment boards, office for people with devel-
     7  opmental disabilities,  and  department  of  corrections  and  community
     8  supervision,  shall request assisted persons to provide information with
     9  regard to their veteran status  and  military  experiences.  Individuals
    10  identifying  themselves as veterans shall be advised that the department
    11  of veterans' services and local veterans' service  agencies  established
    12  pursuant  to  section  fourteen  of  this  article provide assistance to
    13  veterans regarding benefits under federal  and  state  law.  Information
    14  regarding  veterans  status  and  military  service provided by assisted
    15  persons solely to implement this section shall be protected as  personal
    16  confidential  information under article six-A of the public officers law
    17  against disclosure of confidential material, and used only to assist  in
    18  the diagnosis, treatment, assessment and handling of the veteran's prob-
    19  lems  within the agency requesting such information and in referring the
    20  veteran to the department of  veterans'  services  for  information  and
    21  assistance  with  regard  to benefits and entitlements under federal and
    22  state law.
    23    § 8. New York state supplemental burial allowance for members  of  the
    24  uniformed services of the United States killed in combat or duty subject
    25  to  hostile  fire  or imminent danger, as defined in 37 USC § 310. 1. As
    26  used in this section, "parent"  means  a  father,  a  mother,  a  father
    27  through adoption, a mother through adoption, or an individual who, for a
    28  period  of  not  less  than  one year, at any time before the decedent's
    29  entry into active military service stood in the relationship of a parent
    30  to a decedent who died in combat or duty  subject  to  hostile  fire  or
    31  imminent  danger,  as  defined in 37 USC § 310, or who died from a wound
    32  incurred in combat or while serving on duty subject to hostile  fire  or
    33  imminent  danger, as defined in 37 USC § 310 or, if two persons stood in
    34  the relationship of a parent for one year or more, the person  who  bore
    35  the expenses of the funeral of the decedent.
    36    2.  As  used in this section, (a) "wound" means a physical injury to a
    37  servicemember on active duty caused by (i) a bullet, shrapnel, or  other
    38  projectile;  (ii)  a mine or trap; (iii) an explosion; (iv) a vehicle or
    39  aircraft accident not caused by the servicemember's willful  misconduct;
    40  or  (v) any other action caused or induced by the enemy directly result-
    41  ing in physical harm to the servicemember.
    42    (b) "burial receptacle" means (i) a casket, which shall mean  a  rigid
    43  container  that  is  designed  for  the  encasement of human remains and
    44  customarily ornamented and lined with fabric, (ii) an urn,  which  shall
    45  mean a container of wood, metal, pottery, or other material designed for
    46  the  storage  of  cremated  human  remains, and/or (iii) an outer burial
    47  receptacle, which shall mean a graveliner, burial vault, or other  simi-
    48  lar type of container for the placement of a casket or urn.
    49    3.  There is hereby established within the department a New York state
    50  supplemental burial allowance for any member of the  uniformed  services
    51  of  the United States who: (a) died in combat or duty subject to hostile
    52  fire or imminent danger, as defined in 37 USC § 310 or died from a wound
    53  incurred in combat or while serving on duty subject to hostile  fire  or
    54  imminent  danger,  as defined in 37 USC § 310, other than the exceptions
    55  noted in paragraphs (d),  (e)  and  (f)  of  subdivision  four  of  this
    56  section, and (b) who was (i) a resident of New York state at the time of

        S. 8006--C                         68                         A. 9006--C
 
     1  his  or her death or (ii) a nonresident of New York state at the time of
     2  his or her death and a member of the New York Army National Guard or New
     3  York Air National Guard at the time he or she entered title  10,  United
     4  States  Code,  federal active duty status during which period of service
     5  he or she died.
     6    4. (a) The purpose of the program  is  to  administer  and  monitor  a
     7  supplemental allowance program to aid families of military personnel who
     8  died  in  combat  or duty subject to hostile fire or imminent danger, as
     9  defined in 37 USC § 310, or died from a wound incurred in combat or duty
    10  subject to hostile fire or imminent danger, as defined in 37 USC §  310,
    11  with  respect  to  expenses  incurred  in connection with the decedent's
    12  funeral and the burial, burial receptacle, cremation, or other interment
    13  of the decedent's remains.
    14    (b) Eligible recipients under this program shall be those who bore the
    15  cost of the decedent's funeral and burial, burial receptacle, cremation,
    16  or other interment, in the following order of priority: (i) a  surviving
    17  spouse  or  domestic partner of the decedent; (ii) adult children of the
    18  decedent, to include step-children and adopted children;  (iii)  parents
    19  or  grandparents of the decedent, and parents-in-law or grandparents-in-
    20  law of the decedent; (iv) siblings of the decedent, to include  siblings
    21  adopted  by  the  decedent's immediate family and siblings with whom the
    22  decedent shares only one parent in common, and  siblings-in-law  of  the
    23  decedent; (v) aunts, uncles, and first cousins of the decedent; and (vi)
    24  any  other  relative. Any applicant convicted of making any false state-
    25  ment in the application for the reimbursement shall be  subject  to  the
    26  penalties prescribed in the penal law.
    27    (c)  Such  burial  allowance is a partial reimbursement of an eligible
    28  decedent's funeral and burial, burial  receptacle,  cremation  or  other
    29  interment costs. The reimbursement is generally applicable to two compo-
    30  nents:  (i) funeral expenses, and (ii) expenses arising from the burial,
    31  burial receptacle, cremation,  or  other  interment  of  the  decedent's
    32  remains.  Any  allowance granted by the government of the United States,
    33  pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306,  2307  and  2308  or  10
    34  U.S.C. § 1482, or by the decedent's state of residence in the case of an
    35  allowance  eligible  pursuant  to  subparagraph (ii) of paragraph (b) of
    36  subdivision three of this section, shall be first applied toward funeral
    37  and burial, burial receptacle, cremation or other interment costs.   The
    38  state  may award an allowance of up to six thousand dollars to cover any
    39  remaining expenses.
    40    (d) The state shall not award any funds from this allowance  to  reim-
    41  burse  any  costs  for  the headstone, grave marker, or medallion of the
    42  decedent.
    43    (e) The state shall not grant supplemental burial  allowance  payments
    44  for  the  funeral  or the burial, burial receptacle, cremation, or other
    45  interment of remains  of  any  decedent  whose  relations  received  any
    46  reimbursement  from  this  allowance for any previous funeral or burial,
    47  burial receptacle, cremation, or other interment  of  remains  for  this
    48  same decedent.
    49    (f)  The  state shall not grant supplemental burial allowance payments
    50  for any person filing a completed application for  such  allowance  with
    51  the  state later than:  (i) two years after the applicant received final
    52  written notice from the United States  Department  of  Veterans  Affairs
    53  regarding  an application for reimbursement of funeral or burial, burial
    54  receptacle, cremation or other interment expenses pursuant to 38  U.S.C.
    55  §§2301,  2302,  2303,  2306,  2307, or 2308, or 10 U.S.C. § 1482, or any
    56  combination thereof; or (ii) two years after the expiration date of  the

        S. 8006--C                         69                         A. 9006--C

     1  filing  deadline  to  apply for reimbursement of funeral, burial, burial
     2  receptacle, cremation or other interment expenses from the United States
     3  Department of Veterans Affairs, as defined in 38 U.S.C. § 2304,  if  the
     4  applicant  never  applied  for  reimbursement of funeral, burial, burial
     5  receptacle, cremation or  interment  expenses  from  the  United  States
     6  Department  of Veterans Affairs. Any applications received subsequent to
     7  these prescribed periods shall be denied as time-barred.
     8    (g) Applicants shall  furnish  evidence  of  the  decedent's  military
     9  service  and relevant after action reports or other documents explaining
    10  why the application meets eligibility requirements for each case in  the
    11  manner  and  form  prescribed  by  the  state commissioner or his or her
    12  designee.  Upon being satisfied that the facts in  the  application  are
    13  true, the state commissioner or his or her designee shall certify to the
    14  state  comptroller  the name and address of such recipient. The decision
    15  of the state commissioner or his or her designee on all matters  regard-
    16  ing any payment from this allowance shall be final.
    17    (h)  The state commissioner shall submit a report to the governor, the
    18  chairperson of the senate finance committee, and the chairperson of  the
    19  assembly  ways  and  means committee not later than January fifteenth of
    20  each year in which this section is in effect. Such report shall include,
    21  but not be limited to, regulations promulgated pursuant to this section,
    22  allowances paid, and an account of the monies spent and the relationship
    23  of the distributees to the decedent.
    24    § 9. New York state veteran burial fund. 1. As used in  this  section,
    25  "agent  in  control  of  the  disposition  of  remains" means the person
    26  responsible or designated to  control  the  disposition  of  a  deceased
    27  veteran's  remains  as defined and outlined in section forty-two hundred
    28  one of the public health law. The term "interment" means the disposition
    29  of remains as defined in paragraph (g) of section fifteen hundred two of
    30  the not-for-profit corporation law. The term "burial" shall include  the
    31  process  as  defined  in paragraph (e) of section fifteen hundred two of
    32  the not-for-profit corporation law.
    33    2. As provided in subdivision nineteen of section four of  this  arti-
    34  cle,  there is hereby established within the department a New York state
    35  veterans burial fund for honorably discharged members of  the  uniformed
    36  services  of  the  United States who were residents of New York state at
    37  the time of his or her death who (i) were honorably discharged from such
    38  service, or (ii) had a qualifying condition, as defined in  section  one
    39  of  this  article,  and  received  a discharge other than bad conduct or
    40  dishonorable from such service, or (iii) were discharged LGBT  veterans,
    41  as  defined  in  section  one  of this article, and received a discharge
    42  other than bad conduct or dishonorable from such service.
    43    (a) Eligible recipients under this program shall be those who bore the
    44  cost of the funeral as the  agent  in  control  of  the  disposition  of
    45  remains.  An  application shall be made available to an eligible recipi-
    46  ent. Any applicant convicted of making any false statement in the appli-
    47  cation  for  the  reimbursement  shall  be  subject  to  the   penalties
    48  prescribed in the penal law.
    49    (b)  Such  optional burial allowance is a reimbursement of an eligible
    50  decedent's burial and interment costs not to exceed  two  thousand  five
    51  hundred  dollars  in  a  New  York  state  not-for-profit  cemetery. The
    52  reimbursement is generally available as a plot interment allowance.  Any
    53  allowance granted by the government of the United States, pursuant to 38
    54  U.S.C.  §§  2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be
    55  first applied toward interment costs. An additional allowance of  up  to
    56  the  cost  of the actual burial and interment as provided under subdivi-

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     1  sion nineteen of section four of this article may be  awarded  to  cover
     2  any remaining expenses.
     3    (c)  Evidence  of  the  military service of the decedent for each case
     4  shall be furnished in the  manner  and  form  prescribed  by  the  state
     5  commissioner; upon being satisfied that the facts in the application are
     6  true,  the state commissioner shall certify to the state comptroller the
     7  name and address of such agent in control of the disposition of  remains
     8  for reimbursement as provided in this section.
     9    §  10.  Time  within  which  marriage may be solemnized; member of the
    10  uniformed services.  Notwithstanding section thirteen-b of the  domestic
    11  relations  law,  where  either  of  the parties making application for a
    12  marriage license, pursuant to section thirteen of the domestic relations
    13  law, is a member of the uniformed  services  of  the  United  States  on
    14  active  duty  the marriage of the parties shall not be solemnized within
    15  twenty-four hours after the issuance of the marriage license, nor  shall
    16  it  be  solemnized  after  one  hundred eighty days from the date of the
    17  issuance of the marriage license. Proof that the applicant is  a  member
    18  of the uniformed services of the United States shall be furnished to the
    19  satisfaction of the official issuing the marriage license. Every license
    20  to  marry  issued pursuant to the provisions of this section shall state
    21  the day and hour the license is issued and shall contain a recital  that
    22  it is issued pursuant to the provisions of this section.
    23    §  11. Use of personal confidential information obtained from veterans
    24  or family members of veterans receiving  services  from  the  state  and
    25  political  subdivisions  thereof.  1.  Departments,  divisions, bureaus,
    26  boards, commissions and agencies of the state and political subdivisions
    27  thereof, which provide assistance, treatment, counseling,  care,  super-
    28  vision  or  custody  in  service  areas involving health, mental health,
    29  family services, criminal justice or employment  shall  be  required  to
    30  solicit  information on whether their customer or client is a veteran as
    31  defined in section eighty-five of the civil service law or family member
    32  of a veteran. Any new forms created after the  effective  date  of  this
    33  section  shall  contain the following questions: "Have you served in the
    34  United States military?" "Has someone  in  your  family  served  in  the
    35  United States military?"
    36    2. Individuals identifying themselves as having served in the military
    37  or  a  family  member  shall be advised that the department of veterans'
    38  services and local veterans service  agencies  established  pursuant  to
    39  section seventeen of this article provide assistance to veterans regard-
    40  ing benefits under federal and state law. Information regarding veterans
    41  and  military  status  provided  by assisted persons solely to implement
    42  this section shall be protected as personal confidential  material,  and
    43  used only to assist in the diagnosis, treatment, assessment and handling
    44  of  the veteran's or family member's problems within the agency request-
    45  ing such information and in referring the veteran or  family  member  to
    46  the  department of veterans' services for the information and assistance
    47  with regard to benefits and entitlements under federal and state law.
    48    § 12. Acceptance of gifts. The department with  the  approval  of  the
    49  governor,  may  accept any gift or grant for any of the purposes of this
    50  article. Any moneys so received may be expended  by  the  department  to
    51  effectuate  any  of  the  purposes  of this article, subject to the same
    52  limitations as to authorization, audit and approval  as  are  prescribed
    53  for state moneys appropriated for the purposes of this article.
    54    §  13.  State  veterans'  service agency. 1. A state veterans' service
    55  agency established by the department pursuant to this article shall have
    56  power and it shall be its duty to inform military and naval  authorities

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     1  of  the  United  States and assist members of the uniformed services and
     2  veterans, who are residents  of  this  state,  and  their  families,  in
     3  relation  to (1) matters pertaining to educational training and retrain-
     4  ing  services  and  facilities,  (2)  health, medical and rehabilitation
     5  services and facilities, (3) provisions of federal, state and local laws
     6  and regulations affording special rights and privileges  to  members  of
     7  the  uniformed services and war veterans and their families, (4) employ-
     8  ment and re-employment services,  and  (5)  other  matters  of  similar,
     9  related  or  appropriate nature. The state veterans' service agency also
    10  shall perform such other duties as may be assigned by the state  commis-
    11  sioner.
    12    2.  The  state  commissioner  may,  with the approval of the governor,
    13  appoint and remove a director of the state veterans' service agency. The
    14  state commissioner may from time to time  establish,  alter  or  abolish
    15  state  veterans' service agency districts within the state, establish or
    16  abolish offices therefor, and appoint and at pleasure  remove  a  deputy
    17  director  of  the  state veterans' service agency for each such district
    18  office. With the approval of the state commissioner, the director of the
    19  veterans' service agency may appoint such officers, consultants,  clerks
    20  and  other  employees as may be necessary to administer the functions of
    21  the state veterans' service agency, fix their  compensation  within  the
    22  limitation provided by law, and prescribe their duties.
    23    §  14.  Local  veterans' service agencies. 1. County veterans' service
    24  agencies. There shall be established a county veterans'  service  agency
    25  in  each  county not wholly included within a city, and there shall be a
    26  county director of each county  veterans'  service  agency.  Any  county
    27  director  hired  after  the  effective  date  of this chapter shall be a
    28  veteran as defined in New York state statute. The chair of the board  of
    29  supervisors  of a county, with the approval of the board of supervisors,
    30  shall appoint and may at pleasure remove a county director of the county
    31  veterans' service agency for such county. In a county  having  a  county
    32  president,  a  county  executive  or other chief executive officer, such
    33  president or executive officer shall appoint and may at pleasure  remove
    34  a  county director. The county director may be paid such compensation as
    35  shall be fixed by the appointing officer and the board  of  supervisors.
    36  The county director shall appoint such assistants and employees as he or
    37  she may deem necessary, other than those, if any, supplied by the state;
    38  he  or she may prescribe the duties of those appointed by him or her and
    39  fix their salaries within the appropriations  made  available  for  that
    40  purpose  by the county and may at pleasure remove any such assistants or
    41  employees. The county director shall have  jurisdiction  throughout  the
    42  territorial  limits of the county, including any city therein which does
    43  not have a city veterans' service agency, provided that after the estab-
    44  lishment of a city veterans' service agency in any such city, the county
    45  director shall not have jurisdiction within such city.
    46    2. City veterans' service agency. There  may  be  established  a  city
    47  veterans'  service agency in each city; and there shall be a city direc-
    48  tor of each city veterans' service  agency  which  is  established.  The
    49  mayor  of  such  city,  or  the  city manager in a city of less than one
    50  hundred forty thousand population having a city manager,  shall  appoint
    51  and  may  at  pleasure  remove the city director. A city director may be
    52  paid such compensation as shall be fixed by the mayor or  city  manager,
    53  as  the  case  may  be,  empowered to appoint the city director, and the
    54  governing body of the city. The city director may appoint such deputies,
    55  assistants and employees as he or she  may  deem  necessary  other  than
    56  those,  if  any,  supplied  by the state; the director may prescribe the

        S. 8006--C                         72                         A. 9006--C
 
     1  duties of those appointed by him or her and fix  their  salaries  within
     2  the  appropriations  made available for that purpose by the city and may
     3  at pleasure remove any such assistant or  employee.    A  city  director
     4  shall have jurisdiction throughout the territorial limits of the city.
     5    3.  Accreditation.  (a)  Current county or city directors within three
     6  years from the effective date of this subdivision shall take  all  steps
     7  necessary  to  be  accredited  as  a veterans service organization (VSO)
     8  representative. Accreditation shall mean the authority  granted  by  the
     9  United  States  Department  of  Veterans  Affairs to assist veterans and
    10  their family members in the preparation, presentation,  and  prosecution
    11  of  claims  for benefits pursuant to section 5902 of Title 38 U.S.C. and
    12  section 14.628 of Title 38 Code of Federal Regulations.  Once an  appli-
    13  cation  for  accreditation  is  approved  by  the General Counsel of the
    14  United States Department of Veterans Affairs and the applicant is  noti-
    15  fied of this action, the director of the county or city veterans service
    16  agency  shall  file  a  copy  of  the accreditation certificate from the
    17  appropriate veterans service organization with the commissioner  of  the
    18  department.  Such  accreditation shall be maintained during the duration
    19  of his or her status as a director  of  such  county  or  city  veterans
    20  service  agency.  The  commissioner of the department may determine that
    21  satisfactory completion of a course or instruction on veterans' benefits
    22  approved by  the  United  States  Department  of  Veterans  Affairs  and
    23  conducted  by the department may fulfill the requirements of this subdi-
    24  vision.
    25    (b) Any county or city director hired after the effective date of this
    26  chapter shall take all steps necessary to be accredited  as  a  veterans
    27  service organization (VSO) representative within eighteen months of such
    28  appointment.  Accreditation  shall  mean  the  authority  granted by the
    29  United States Department of Veterans  Affairs  to  assist  veterans  and
    30  their  family  members in the preparation, presentation, and prosecution
    31  of claims for benefits pursuant to section 5902 of Title 38  U.S.C.  and
    32  section  14.628 of Title 38 Code of Federal Regulations.  Once an appli-
    33  cation for accreditation is approved  by  the  General  Counsel  of  the
    34  United  States Department of Veterans Affairs and the applicant is noti-
    35  fied of this action, the director of the county or city veterans service
    36  agency shall file a copy  of  the  accreditation  certificate  from  the
    37  appropriate  veterans  service organization with the commissioner of the
    38  department. Such accreditation shall be maintained during  the  duration
    39  of  his  or  her  status  as  a director of such county or city veterans
    40  service agency. The commissioner of the department may determine that  a
    41  satisfactory completion of a course of instruction on veterans' benefits
    42  approved  by  the  United  States  Department  of  Veterans  Affairs and
    43  conducted by the department may fulfill the requirements of this  subdi-
    44  vision.
    45    (c)  During the time a director is working toward accreditation pursu-
    46  ant to paragraphs (a) and (b) of this subdivision, such  individual  may
    47  provide  services  to  veterans  and  their family members as defined in
    48  section fifteen of this article other than  the  preparation,  presenta-
    49  tion,  and prosecution of claims for benefits under federal statutes and
    50  regulations.
    51    § 15. Powers and duties of local veterans' service  agencies.  1.    A
    52  local  veterans'  service agency shall have power under the direction of
    53  the state veterans' service agency, and it shall be its duty  to  inform
    54  military  and  naval authorities of the United States and assist members
    55  of the uniformed services and veterans, who are residents of this state,
    56  and their families, in relation to (1) matters pertaining to educational

        S. 8006--C                         73                         A. 9006--C
 
     1  training and retraining services and facilities, (2) health, medical and
     2  rehabilitation services and facilities, (3) provisions of federal, state
     3  and local laws and regulations affording special rights  and  privileges
     4  to  members  of  the uniformed services and war veterans and their fami-
     5  lies, (4) employment and re-employment  services,  (5)  the  process  of
     6  submitting  an  application  for  a  discharge  upgrade to the discharge
     7  upgrade advisory board, and (6) other matters  of  similar,  related  or
     8  appropriate  nature.  The local veterans' service agency may also assist
     9  families of members of the reserve components of the uniformed  services
    10  and  the  organized militia ordered into active duty to ensure that they
    11  are made aware of and are receiving all appropriate support available to
    12  them and are placed in contact with the agencies  responsible  for  such
    13  support,  including,  but  not  limited to, the division of military and
    14  naval affairs and other state agencies responsible  for  providing  such
    15  support.  The  local  veterans'  service  agency also shall perform such
    16  other duties as may be assigned by the state commissioner.
    17    2. A local veterans' service agency shall utilize, so far as possible,
    18  the services and facilities of existing officers, offices,  departments,
    19  commissions,  boards,  bureaus,  institutions  and other agencies of the
    20  state and of the political subdivisions thereof and  all  such  officers
    21  and  agencies  shall cooperate with and extend such services and facili-
    22  ties to the local veterans' service agency as it may require.
    23    § 16. Location and cost of local veterans'  service  agencies;  deputy
    24  local directors. 1. A local director shall designate the location of the
    25  local  and  branch  offices of the local veterans' service agency within
    26  his or her jurisdiction, which offices shall be open  during  convenient
    27  hours.  The  cost  of  maintenance  and  operation of a county veterans'
    28  service agency shall be a county charge and the cost of maintenance  and
    29  operation  of  a  city  veterans' service agency shall be a city charge,
    30  excepting that the state commissioner with the approval of the veterans'
    31  services commission shall allot and pay, from state moneys  made  avail-
    32  able  to  him or her for such purposes, to each county veterans' service
    33  agency and each city veterans' service agency, an amount equal to  fifty
    34  per centum of its expenditures for maintenance and operation approved by
    35  the  state  commissioner,  provided  that  in  no event shall the amount
    36  allotted and paid for such approved expenditures incurred in  any  given
    37  year  exceed (1) in the case of any county veterans' service agency in a
    38  county having a population of not more than one hundred thousand  or  in
    39  the  case  of any city veterans' service agency in a city having a popu-
    40  lation of not more than one hundred thousand,  the  sum  of  twenty-five
    41  thousand  dollars,  nor  (2) in the case of any county veterans' service
    42  agency in a county having a population in excess of one hundred thousand
    43  excluding the population of any city therein which has a city  veterans'
    44  service  agency,  the sum of twenty-five thousand dollars, and, in addi-
    45  tion thereto, the sum of five thousand  dollars  for  each  one  hundred
    46  thousand,  or  major portion thereof, of the population of the county in
    47  excess of one hundred thousand excluding  the  population  of  any  city
    48  therein  which  has a city veterans' service agency, nor (3) in the case
    49  of any city veterans' service agency in a city having  a  population  in
    50  excess of one hundred thousand, the sum of twenty-five thousand dollars,
    51  and,  in addition thereto, the sum of five thousand dollars for each one
    52  hundred thousand, or major portion thereof, of  the  population  of  the
    53  city  in excess of one hundred thousand. Such population shall be certi-
    54  fied in the same manner as provided by section fifty-four of  the  state
    55  finance law.

        S. 8006--C                         74                         A. 9006--C
 
     1    2.  The  head  of  a branch office of a local veterans' service agency
     2  shall be a deputy local director of the local veterans'  service  agency
     3  who  shall  be  appointed by the local director of the county or city in
     4  which the branch office is located with the approval  of  the  governing
     5  body  which  makes  the appropriation for the maintenance of such branch
     6  office; provided, however, that the head of a branch office of  a  local
     7  veterans' service agency which operates in and for two or more adjoining
     8  towns  or adjoining villages in the same county, and hereinafter in this
     9  article referred to as a consolidated branch office, shall be  appointed
    10  by  the  local  director  of  the  county  in which the branch office is
    11  located with the approval of the governing body of each town or  village
    12  which  makes  an  appropriation  for  or  toward the maintenance of such
    13  branch office, and any town or village is authorized to  enter  into  an
    14  agreement  with  an  adjoining  town or an adjoining village in the same
    15  county, respectively, or with two or more respective adjoining towns  or
    16  villages  in  the  same county, providing for their joint undertaking to
    17  appropriate and make available moneys for or toward the  maintenance  of
    18  such a consolidated branch office.
    19    §  17.  Local  veterans'  service committees. The same authority which
    20  appoints a local director shall appoint for each county and city  veter-
    21  ans'  service  agency  a veterans' service committee to assist the local
    22  director and shall appoint a chair thereof.  Similar committees  may  be
    23  appointed  in each village and town where there is a deputy local direc-
    24  tor by the mayor of such village and the  supervisor  of  such  town  in
    25  which  the  branch  office of the deputy local director is located or in
    26  which it operates. A similar committee may also be appointed in any city
    27  in and for which there is not  established  a  separate  city  veterans'
    28  service  agency,  and  in and for which there is a deputy local director
    29  and a branch office of the county veterans'  service  agency;  and  such
    30  appointment in any case shall be made by the city official authorized to
    31  appoint a city director in the case of a separate city veterans' service
    32  agency.
    33    §  18.  Appropriations  for expenses and activities of local veterans'
    34  service agencies. Each county and each city of the  state  in  which  is
    35  established  a  county  veterans'  service  agency  or  a city veterans'
    36  service agency, as the case may be, is hereby authorized to  appropriate
    37  and  make  available  to the veterans' service agency of such respective
    38  county or city, such sums of money as it may deem  necessary  to  defray
    39  the  expenses and activities of such agency, and the expenses and activ-
    40  ities of such agencies are hereby declared to be proper county and  city
    41  purposes  for  which  the  moneys of the county or city may be expended.
    42  Each city in and for which there is  not  established  a  separate  city
    43  veterans'  service  agency,  and  each  village and town of the state is
    44  hereby authorized to appropriate and make available to the deputy  local
    45  director  heading  the  branch  office  in and for such city, village or
    46  town, if any, of the county veterans' service agency having jurisdiction
    47  within such city, village or town, such sums of money  as  it  may  deem
    48  necessary  to  defray  the salary, expenses and activities of the deputy
    49  local director heading such branch office in and for such city,  village
    50  or  town  and  his  or  her  office,  including  the salaries of persons
    51  employed in such office, and such salaries, expenses and activities  are
    52  hereby  declared  to be proper city, village and town purposes for which
    53  the moneys of such cities, villages and  towns  may  be  expended.  Each
    54  village and town is also authorized to appropriate and make available to
    55  the  deputy  local  director  heading the consolidated branch office, if
    56  any, for such village or town and any adjoining village or villages,  or

        S. 8006--C                         75                         A. 9006--C
 
     1  town or towns, as the case may be, of the county veterans' service agen-
     2  cy  having  jurisdiction within such village or town, such sums of money
     3  as it may determine to defray in part the salary,  expenses  and  activ-
     4  ities  of  the  deputy  local  director heading such consolidated branch
     5  office for such village or town and any adjoining village or villages or
     6  town or towns, as the case may be, including  the  salaries  of  persons
     7  employed in such consolidated branch office, and such salaries, expenses
     8  and  activities  are  hereby  declared  to  be  proper  village and town
     9  purposes for which  the  moneys  of  such  villages  and  towns  may  be
    10  expended.
    11    §  19. Women veterans coordinator. 1. Definitions. (a) "Veteran" shall
    12  have the same meaning as defined in section one of this article.
    13    (b)  "Department"  shall  mean  the  state  department  of   veterans'
    14  services.
    15    (c) "Women veterans coordinator" shall be a veteran.
    16    2.  Such  women veterans coordinator shall be appointed by the commis-
    17  sioner.
    18    3. Establishment of women veterans coordinator. There is hereby estab-
    19  lished within the department, a "women veterans coordinator"  who  shall
    20  work  under  the  direction  of  the commissioner and whose duties shall
    21  include, but not be limited to, the:
    22    (a) identification, development, planning,  organization  and  coordi-
    23  nation of all statewide programs and services to meet the needs of women
    24  veterans;
    25    (b)  recommendation  to the commissioner to ensure compliance with all
    26  existing department policies and regulations pertaining to the needs  of
    27  women  veterans  on the state and federal level and make recommendations
    28  regarding the improvement of benefits and services to women veterans;
    29    (c) liaison between the department, the United  States  Department  of
    30  Veterans Affairs center for women veterans, the United States Department
    31  of Veterans Affairs Advisory Committee on Women Veterans, state veterans
    32  nursing  homes,  state  agencies,  community groups, advocates and other
    33  veterans and military organizations and interested parties;
    34    (d) advocating for all women veterans in the state;
    35    (e) development and maintenance of a clearinghouse for information and
    36  resources for women veterans;
    37    (f) promote events and activities that recognize,  educate  and  honor
    38  women  veterans,  including  but  not limited to seminars required under
    39  subdivision six of section four of this article,  veteran  human  rights
    40  conferences,  veterans  benefits  and  resources  events,  and  veterans
    41  cultural competence training;
    42    (g) inclusion of the contributions women veterans have made on  behalf
    43  of  the  United  States  and  this  state  on  the department's official
    44  website; and
    45    (h) preparation of reports on topics including, but  not  limited  to,
    46  the  demographics of women veterans, the number of women veterans listed
    47  by county, and the unique needs of the women veterans population, to the
    48  extent such information is available, to the commissioner on the  status
    49  of women veterans within New York state.
    50    4.  Reports.  The  women veterans coordinator shall submit a report to
    51  the commissioner each year after the effective  date  of  this  section.
    52  Such  report  shall include, but not be limited to, a description of the
    53  women veterans coordinator's activities for the calendar  year  and  the
    54  programs  developed  pursuant  to  the  provisions  of this section. The
    55  commissioner shall submit the report or a synopsis of the report to  the

        S. 8006--C                         76                         A. 9006--C
 
     1  governor in accordance with the provisions of section four of this arti-
     2  cle.
     3    § 20. Women veterans  advisory  committee. 1. The women veterans advi-
     4  sory  committee  is  hereby  created  consisting of twelve members, with
     5  members  appointed  as follows: (a) six members by the governor; (b) two
     6  members by the temporary president of the senate; (c) two members by the
     7  speaker of the assembly; and (d) one member each by the minority  leader
     8  of  the  senate  and  the minority leader of the assembly. All appointed
     9  members  must be women, and veterans who  served  in  the  United States
    10  uniformed services  including  members of the  reserve  component.  Each
    11  veteran  shall   have   received   an  honorable  discharge  or  have  a
    12  qualifying condition as defined in section one of this article.
    13    2. In making appointments pursuant to subdivision one of this section,
    14  the following shall be considered:
    15    (a)  whether  the  appointments provide a geographical balance between
    16  the urban and rural areas of  this  state  and  represent  the  cultural
    17  diversity of this state; and
    18    (b) the level of activity of the woman in the veteran community.
    19    3. The committee shall elect a chair from among its members.
    20    4. Each member of the committee shall serve a term of four years.
    21    5. A vacancy on the committee shall be filled for the remainder of the
    22  unexpired term in the same manner as the original appointment.
    23    6.  The  committee shall meet at least four times per year at the call
    24  of the chair.
    25    7. A majority of the members of the committee appointed constitutes  a
    26  quorum.
    27    8. Each member of the committee:
    28    (a) serves without compensation, except that a member of the committee
    29  who  is a state officer or employee may receive her regular compensation
    30  while engaging in the business of the committee; and
    31    (b) shall  be  entitled  to  receive  reimbursement  for  any  actual,
    32  necessary expenses incurred in the course of performing business for the
    33  committee.
    34    9. The committee shall:
    35    (a)  support  and  assist the department of veterans' services and the
    36  women veterans coordinator pursuant to section nineteen of this  article
    37  in:
    38    (i)  locating, educating and advocating for all women veterans in this
    39  state;
    40    (ii) identifying the unique needs of women veterans;
    41    (iii) conducting  outreach  and  education   through   various  means,
    42  including,  without  limitation,  the  organization  of  statewide women
    43  veterans  events,  the  promotion  of benefits and health care for women
    44  veterans and the development of programs that inform students,  business
    45  leaders    and    educators  about  the important role women play in the
    46  uniformed services of the United States;
    47    (iv) educating women veterans as to benefits  and  programs  that  are
    48  available to them;
    49    (v)  at  least  annually, making such recommendations as may be deemed
    50  necessary or advisable to  the  governor,  the  state  legislature,  the
    51  commissioner  of  the  department  of  veterans' services and such other
    52  offices of this state as may be appropriate;
    53    (vi) making information available regarding job  and  career  opportu-
    54  nities;

        S. 8006--C                         77                         A. 9006--C

     1    (vii)  providing  outreach  regarding available resources for veterans
     2  with  a  qualifying condition as defined in section one of this article;
     3  and
     4    (viii)  advocating on behalf of  women  veterans  to  ensure  that the
     5  programs  and policies of this state and of the United States department
     6  of veterans' affairs remain open to women and mindful of the elements of
     7  the experience of a veteran that are unique to women.
     8    (b) submit a  report  on  or before February fifteenth of  each  year,
     9  outlining  the activities of the committee during the preceding calendar
    10  year  and  any  recommendations  of  the  committee  to the governor and
    11  legislature. The report must include,  without  limitation,  information
    12  pertaining to:
    13    (i) the demographics of women veterans;
    14    (ii) the current contributions that women veterans have made on behalf
    15  of the United States and this state;
    16    (iii) the unique needs of the population of women veterans;
    17    (iv)  recommendations  regarding  what steps should be taken to reduce
    18  misinformation and improve support for programs for women veterans; and
    19    (v) outreach activities undertaken by the committee.
    20    10.   The   department   of  veterans'  services  shall  help  support
    21  the committee's activities.
    22    § 21. Creation of annuity. 1. Payment to veterans. a. Any  veteran  as
    23  defined  in  this article who has been or is hereafter classified by the
    24  New York State commission for the visually handicapped as a blind person
    25  as defined in section three of chapter four hundred fifteen of the  laws
    26  of  nineteen  hundred  thirteen, as amended, and continues to be a blind
    27  person within the meaning of that section, shall,  upon  application  to
    28  the commissioner of the department of veterans' services, be paid out of
    29  the  treasury  of the state for such term as such veteran shall be enti-
    30  tled thereto under the provisions of this article, the sum of one  thou-
    31  sand  dollars  annually,  plus  any  applicable  annual  adjustment,  as
    32  provided in this section.
    33    b. The entitlement of  any  veteran  to  receive  the  annuity  herein
    34  provided  shall  terminate  upon  his or her ceasing to continue to be a
    35  resident of and domiciled in the state,  but  such  entitlement  may  be
    36  reinstated  upon  application to the commissioner of veterans' services,
    37  if such veteran shall thereafter resume his or her residence  and  domi-
    38  cile in the state.
    39    c. The effective date of an award of the annuity to a veteran shall be
    40  the  date  of receipt of the application therefor by the commissioner of
    41  veterans' services, except that if the  application  is  denied  but  is
    42  granted  at  a  later date upon an application for reconsideration based
    43  upon new evidence, the effective date of the award of the annuity  to  a
    44  veteran  shall be the date of receipt of the application for reconsider-
    45  ation by the commissioner of veterans' services.
    46    2. Payment to widows and widowers of blind veterans. a.  The  unremar-
    47  ried  spouse  of  a  veteran  who heretofore has died or the unremarried
    48  spouse of a veteran dying hereafter, such veteran being at the  time  of
    49  her  or  his  death  a recipient of, or eligible for, the benefits above
    50  provided, shall, upon  application  to  the  commissioner  of  veterans'
    51  services,  also  be paid out of the treasury of the state the sum of one
    52  thousand dollars annually, plus any applicable  annual  adjustment,  for
    53  such term as such unremarried spouse shall be entitled thereto under the
    54  provisions of this article.
    55    b.  The  entitlement  of  any  widow or widower to receive the annuity
    56  herein provided shall terminate upon her or his death or re-marriage  or

        S. 8006--C                         78                         A. 9006--C
 
     1  upon her or his ceasing to continue to be a resident of and domiciled in
     2  the  state  of  New  York,  but  such entitlement may be reinstated upon
     3  application to the commissioner of veterans' services, if such widow  or
     4  widower shall thereafter resume her or his residence and domicile in the
     5  state.
     6    c. The effective date of an award of the annuity to a widow or widower
     7  shall  be the day after the date of death of the veteran if the applica-
     8  tion therefor is received within one year from such date  of  death.  If
     9  the  application  is  received  after  the  expiration of the first year
    10  following the date of the death of the veteran, the effective date of an
    11  award of the annuity to a widow or widower shall be the date of  receipt
    12  of  the  application  by  the  commissioner of veterans' services. If an
    13  application is denied but is granted at a later date upon an application
    14  for reconsideration based upon new evidence, the effective date  of  the
    15  award  of the annuity to a widow or widower shall be the date of receipt
    16  of the application for reconsideration by the commissioner of  veterans'
    17  services.
    18    3.  Annual  adjustment.  Commencing in the year two thousand five, and
    19  for each year thereafter, the amount of any annuity payable  under  this
    20  section shall be the same amount as the annuity payable in the preceding
    21  year  plus  a  percentage  adjustment  equal  to  the  annual percentage
    22  increase, if any, for compensation and pension benefits administered  by
    23  the  United States Department of Veterans' Affairs in the previous year.
    24  Such percentage increase shall be rounded up to the  next  highest  one-
    25  tenth  of  one  percent  and shall not be less than one percent nor more
    26  than four percent. Commencing in the year two thousand five, the commis-
    27  sioner of veterans' services, not later  than  February  first  of  each
    28  year, shall publish by any reasonable means the amount of the annuity as
    29  adjusted payable under this section.
    30    § 22. Evidence of entitlement. 1. The evidence of such service, blind-
    31  ness,  residence and domicile, or of such marriage, widowhood, residence
    32  and domicile in each case shall be furnished  in  the  manner  and  form
    33  prescribed  by  the commissioner of veterans' services who shall examine
    34  the same.
    35    2. Upon being satisfied that such service was  performed,  that  other
    36  facts  and  statements  in  the  application of such veteran or widow or
    37  widower are true and that the said veteran has been  classified  by  the
    38  New  York  state  commission  for  the  visually  handicapped as a blind
    39  person, where such veteran is not receiving or not entitled to receive a
    40  benefit from any existing retirement system to  which  the  state  is  a
    41  contributor, unless such veteran shall have become disabled by reason of
    42  loss  of  sight,  while  engaged  in  employment entitling him or her to
    43  receive a benefit from any existing retirement system to which the state
    44  is a contributor, and as a result of such disability  has  retired  from
    45  such  employment  and  is  receiving or is entitled to receive a benefit
    46  from such retirement system the commissioner of veterans' services shall
    47  certify to the state comptroller the name and address of such veteran or
    48  widow or widower.
    49    3. Thereafter the department of  taxation  and  finance,  through  the
    50  division  of finance, on the audit and warrant of the comptroller, shall
    51  pay such veteran or widow or widower such sum as is  authorized  by  the
    52  provisions  of  this article in monthly installments for so long as such
    53  veteran or widow or widower shall meet the requirements of this article.
    54    § 23. Persons who may receive annuity. 1. a. The word "veteran"  means
    55  a  veteran  as defined in section one of this article who is a resident,
    56  and who (i) has been or may be released from such  service  under  other

        S. 8006--C                         79                         A. 9006--C
 
     1  than  dishonorable  conditions,  or  (ii) has a qualifying condition, as
     2  defined in section one of this article, and  has  received  a  discharge
     3  other  than bad conduct or dishonorable from such service, or (iii) is a
     4  discharged  LGBT veteran, as defined in section one of this article, and
     5  has received a discharge other than bad  conduct  or  dishonorable  from
     6  such  service,  and who (iv) was a recipient of the armed forces expedi-
     7  tionary medal, the navy expeditionary medal or the marine corps  expedi-
     8  tionary  medal  for  participation  in  operations  in Lebanon from June
     9  first, nineteen hundred eighty-three to December first, nineteen hundred
    10  eighty-seven, in Grenada from  October  twenty-third,  nineteen  hundred
    11  eighty-three to November twenty-first, nineteen hundred eighty-three, or
    12  in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
    13  ary  thirty-first, nineteen hundred ninety, or (v) served on active duty
    14  for ninety days or more in the uniformed services of the  United  States
    15  during any one of the following wars or hostilities:
    16    (1)  in  the  Spanish-American war from the twenty-first day of April,
    17  eighteen hundred ninety-eight to the eleventh  day  of  April,  eighteen
    18  hundred ninety-nine, inclusive;
    19    (2) in the Philippine insurrection or the China relief expedition from
    20  the  eleventh  day  of April, eighteen hundred ninety-nine to the fourth
    21  day of July, nineteen hundred two, inclusive;
    22    (3) in the Mexican border campaign from the ninth day of May, nineteen
    23  hundred sixteen, to the fifth day of April, nineteen hundred  seventeen,
    24  inclusive;
    25    (4)  in  World  War  I  from  the sixth day of April, nineteen hundred
    26  seventeen to the eleventh day of November,  nineteen  hundred  eighteen,
    27  inclusive;
    28    (5) in World War II from the seventh day of December, nineteen hundred
    29  forty-one  to  the thirty-first day of December, nineteen hundred forty-
    30  six, inclusive, or who was employed by the War  Shipping  Administration
    31  or Office of Defense Transportation or their agents as a merchant seaman
    32  documented  by  the United States Coast Guard or Department of Commerce,
    33  or as a civil servant employed  by  the  United  States  Army  Transport
    34  Service  (later  redesignated  as  the United States Army Transportation
    35  Corps, Water Division) or the  Naval  Transportation  Service;  and  who
    36  served  satisfactorily  as  a  crew  member  during  the period of armed
    37  conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
    38  fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
    39  oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
    40  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    41  to include "near foreign" voyages between the United States and  Canada,
    42  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    43  going  service  or  foreign waters and who has received a Certificate of
    44  Release or Discharge from Active Duty and a discharge certificate, or an
    45  Honorable Service Certificate/Report of Casualty, from the Department of
    46  Defense, or who served as a United States civilian employed by the Amer-
    47  ican Field Service and served overseas under United  States  Armies  and
    48  United  States  Army  Groups  in World War II during the period of armed
    49  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    50  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
    51  released therefrom under honorable conditions, or (ii) has a  qualifying
    52  condition, as defined in section one of this article, and has received a
    53  discharge  other  than bad conduct or dishonorable from such service, or
    54  (iii) is a discharged LGBT veteran, as defined in section  one  of  this
    55  article,  and  has  received  a  discharge  other  than  bad  conduct or
    56  dishonorable from such service, or who served as a United States  civil-

        S. 8006--C                         80                         A. 9006--C
 
     1  ian  Flight  Crew  and  Aviation Ground Support Employee of Pan American
     2  World Airways or one of its subsidiaries or its  affiliates  and  served
     3  overseas  as  a  result  of  Pan  American's contract with Air Transport
     4  Command  or  Naval  Air  Transport  Service  during  the period of armed
     5  conflict, December fourteenth, nineteen hundred forty-one through August
     6  fourteenth, nineteen hundred forty-five, and who (iv) was discharged  or
     7  released  therefrom  under honorable conditions, or (v) has a qualifying
     8  condition, as defined in section one of this article, and has received a
     9  discharge other than bad conduct or dishonorable from such  service,  or
    10  (vi)  is  a  discharged  LGBT veteran, as defined in section one of this
    11  article, and  has  received  a  discharge  other  than  bad  conduct  or
    12  dishonorable from such service;
    13    (6)  in  the  Korean  hostilities from the twenty-seventh day of June,
    14  nineteen hundred fifty to the  thirty-first  day  of  January,  nineteen
    15  hundred fifty-five, inclusive;
    16    (7)  in  the Vietnam conflict from the first day of November, nineteen
    17  hundred fifty-five to the seventh day of May, nineteen hundred  seventy-
    18  five;
    19    (8)  in the Persian Gulf conflict from the second day of August, nine-
    20  teen hundred ninety to the end of such conflict.
    21    b. The word "veteran" shall also mean any person who meets  the  other
    22  requirements  of  paragraph  a of this subdivision, who served on active
    23  duty for less than ninety days, if he or she was discharged or  released
    24  from such service for a service-connected disability or who served for a
    25  period of ninety consecutive days or more and such period began or ended
    26  during  any  war  or  period of hostilities as defined in paragraph a of
    27  this subdivision.
    28    c. The term "active duty" as used in this article shall mean full time
    29  duty in the uniformed services, other than  active  duty  for  training;
    30  provided,  however,  that "active duty" shall also include any period of
    31  active duty for training during which the individual concerned was disa-
    32  bled or died from a disease or injury incurred or aggravated during such
    33  period.
    34    2. No annuity shall be paid under this article to or for a person  who
    35  is  in prison in a federal, state or local penal institution as a result
    36  of conviction of a felony or misdemeanor for  any  part  of  the  period
    37  beginning sixty-one days after his or her imprisonment begins and ending
    38  when his or her imprisonment ends.
    39    3.  Where  any  veteran is disqualified for the annuity for any period
    40  solely by reason of the provisions of subdivision two of  this  section,
    41  the  commissioner  of veterans' services shall pay to his or her spouse,
    42  if any, the annuity which such veteran would receive for that period but
    43  for said subdivision two.
    44    4. In case an unmarried, divorced or widowed veteran or a widow  of  a
    45  deceased  annuitant is being furnished hospital treatment, institutional
    46  or domiciliary care by the United States or the state, the annuity paya-
    47  ble under this article to such  veteran  or  widow  or  widower  may  be
    48  discontinued after the first day of the seventh calendar month following
    49  the  month  of admission of such veteran or widow for treatment or care.
    50  Payment of such annuity shall be resumed if such  veteran  or  widow  or
    51  widower  is discharged from the hospital, institution or home, or if his
    52  or her treatment or care therein is otherwise terminated.
    53    5. Where payment of the annuity as hereinbefore authorized  is  to  be
    54  made to a mentally incompetent person or a conservatee, such payment may
    55  be  authorized by the commissioner of veterans' services of the state to
    56  be paid only to a duly qualified court-appointed committee or  conserva-

        S. 8006--C                         81                         A. 9006--C
 
     1  tor,  legally vested with the care of such incompetent's person or prop-
     2  erty or of such conservatee's property, except that in the  case  of  an
     3  incompetent  annuitant  for whom a committee has not been appointed or a
     4  person  under  a  substantial  impairment for whom a conservator has not
     5  been appointed and who is  hospitalized  in  a  United  States  veterans
     6  health  administration  hospital or in a hospital under the jurisdiction
     7  of the state of New York, the commissioner of veterans' services of  the
     8  state  may  in  his or her discretion certify payment of the annuity, as
     9  hereinbefore authorized, to the manager of such United  States  veterans
    10  health  administration  hospital  or  to  the commissioner of such state
    11  hospital for the  account  of  the  said  incompetent  or  substantially
    12  impaired annuitant.
    13    § 24. New York state veterans' cemeteries. 1. Legislative intent.  The
    14  legislature  finds and determines that the devoted service and sacrifice
    15  of veterans deserve important, unique and  eternal  recognition  by  the
    16  state of New York. That it is by means of the devoted service and sacri-
    17  fice of veterans that the liberty, freedom and prosperity enjoyed by all
    18  New Yorkers is maintained and preserved.
    19    The  legislature  further  finds  and  determines that to provide this
    20  important, unique and eternal recognition, the state shall  establish  a
    21  program of New York state veterans' cemeteries in New York. Such program
    22  shall  provide  for the construction, establishment, expansion, improve-
    23  ment, support, operation, maintenance and  the  provision  of  perpetual
    24  care  for  state veterans' cemeteries in this state, and thereby for the
    25  memorialization and remembrance of individual veterans and their service
    26  to their community, state and nation.
    27    The legislature additionally finds and determines that it is therefore
    28  necessary to provide for the construction and establishment  of  one  or
    29  more  New  York  state  veterans'  cemeteries,  and  that to thereafter,
    30  provide for the expansion, improvement, support, operation,  maintenance
    31  and   the  provision  of  perpetual  care  of  all  such  cemeteries  so
    32  constructed and established. The legislature also finds  and  determines
    33  that  it is appropriate to have the responsibility for the construction,
    34  establishment, expansion, improvement, support,  operation,  maintenance
    35  and  the  provision  of  perpetual care for veterans' cemeteries in this
    36  state, to be under the oversight and direction of the  state  department
    37  of  veterans' services, and its commissioner, individually, and as chair
    38  of the management board, for each such veterans' cemetery so constructed
    39  and established.
    40    2. The establishment of the first New York state  veterans'  cemetery.
    41  (a)  The commissioner shall issue, on behalf of the department, a public
    42  request for information for any local government desiring  to  have  the
    43  first state veterans' cemetery located within its political subdivision.
    44  Such  request  shall  specify  the  type  of information to be provided,
    45  including, at a minimum, a detailed map of the site including  potential
    46  transportation routes, the history of the site, the types of burials the
    47  site  could  accommodate,  and the estimated number of veterans within a
    48  seventy-five mile radius of the  site.  Such  requests  for  information
    49  shall  be  returnable  to  the  department  by  no later than sixty days
    50  following the issuance of the requests for information.    Requests  for
    51  information  issued  by and returned to the department shall be publicly
    52  available and posted on the department's website.
    53    (a-1) Following the deadline for the return of requests  for  informa-
    54  tion  pursuant  to paragraph (a) of this subdivision, the department, in
    55  cooperation with the United States Department of Veterans  Affairs,  and
    56  in  consultation  with,  and upon the support of the department of state

        S. 8006--C                         82                         A. 9006--C
 
     1  division of cemeteries, is hereby directed to conduct  an  investigation
     2  and  study  on  the  issue  of the construction and establishment of the
     3  first New York state veterans' cemetery. Such  investigation  and  study
     4  shall include, but not be limited to:
     5    (i)  Potential  site  locations for such cemetery, with full consider-
     6  ation as to the needs of the veterans population; only locations  within
     7  local governments that have submitted a request for information pursuant
     8  to  paragraph  (a) of this subdivision shall be considered and each such
     9  submission shall be considered;
    10    (ii) The size of the cemetery and types of grave sites;
    11    (iii) The number of annual interments at the cemetery;
    12    (iv) Transportation accessibility to the cemetery by  veterans,  their
    13  families and the general public;
    14    (v) Costs for construction of the cemetery;
    15    (vi)  Costs of operation of the cemetery, including but not limited to
    16  staffing costs to maintain the cemetery;
    17    (vii) Scalability of the cemetery for future growth and expansion;
    18    (viii) Potential for funding for the cemetery from federal, local  and
    19  private sources;
    20    (ix) Cost of maintenance;
    21    (x) Data on the population that would be served by the site;
    22    (xi) The average age of the population in the area covered;
    23    (xii) The mortality rate of the veteran population for the area;
    24    (xiii) Surrounding land use;
    25    (xiv) Topography of the land;
    26    (xv) Site characteristics;
    27    (xvi) Cost of land acquisition;
    28    (xvii)  The  location of existing cemeteries including but not limited
    29  to national veterans' cemeteries,  county  veterans'  cemeteries,  ceme-
    30  teries  that  have  plots devoted to veterans, not-for-profit cemeteries
    31  and any other burial ground devoted to veterans and any  other  type  of
    32  burial  grounds  devoted  to  the  interment of human remains that is of
    33  public record; and
    34    (xviii) Such other and  further  items  as  the  commissioner  of  the
    35  department  deems necessary for the first state veterans' cemetery to be
    36  successful.
    37    A report of the investigation and study conclusions shall be delivered
    38  to the governor, the temporary president of the senate, the  speaker  of
    39  the assembly and the chair of the senate committee on veterans, homeland
    40  security  and  military affairs, and the chair of the assembly committee
    41  on veterans' affairs by no later than one hundred eighty days after  the
    42  department has commenced the conduct of the investigation and study.
    43    (a-2)  Upon the completion of the investigation and study, the results
    44  shall be provided to the selection committee.  The  selection  committee
    45  shall consist of nine members as follows:
    46    (i)  The  commissioner of the department of veterans' services, or his
    47  or her representative;
    48    (ii) The director of the division of the budget, or his or her  repre-
    49  sentative;
    50    (iii)  Three  members  appointed by the governor, two of whom shall be
    51  veterans;
    52    (iv) Two members appointed by the temporary president of  the  senate,
    53  at least one of whom shall be a veteran; and
    54    (v) Two members appointed by the speaker of the assembly, at least one
    55  of whom shall be a veteran.

        S. 8006--C                         83                         A. 9006--C
 
     1    (a-3)  The  selection  committee  shall be subject to articles six and
     2  seven of the public officers law. The selection committee shall evaluate
     3  the results of the study and, upon a majority vote, make a determination
     4  as to the location of the first state veterans' cemetery. In making this
     5  determination,  the  committee's  consideration  shall,  at  a  minimum,
     6  include:
     7    (i) The findings established by the study;
     8    (ii) The submitted responses to the requests  for  information  issued
     9  pursuant to paragraph (a) of this subdivision;
    10    (iii)  The  guidelines  for receipt of federal funding specified in 38
    11  USC 2408, 38 CFR 39, and any other relevant  federal  statute  or  regu-
    12  lation;
    13    (iv)  The  possibility  of  funding  from  private individuals, corpo-
    14  rations, or foundations; and
    15    (v) Any other consideration that would facilitate the successful oper-
    16  ation of the first state veterans' cemetery.
    17    (b) The commissioner of the department, the commissioner of the office
    18  of general services, and the chair of the division of  cemeteries  shall
    19  determine  the  amount  of  money necessary to fund the non-reimbursable
    20  costs of a state veterans' cemetery, such as operation and  maintenance,
    21  for a period of not less than ten years, provided that such amount shall
    22  not include monies that would be recoverable by the cemetery pursuant to
    23  a  charge  of  fee  for  the  provision of a gravesite for a non-veteran
    24  spouse or eligible dependent. Prior to submitting  any  application  for
    25  funding  from the government of the United States in accordance with the
    26  grant requirements specified in 38 USC 2408, 38 CFR 30, and other  rele-
    27  vant  federal  statutes or regulations, for the purpose of seeking funds
    28  to support  the  construction,  establishment,  expansion,  improvement,
    29  support,  operation  or  maintenance of New York state's veterans' ceme-
    30  teries, the director of the division of the budget and the office of the
    31  state comptroller must certify to the governor, the temporary  president
    32  of  the  senate,  the  speaker  of the assembly, the chair of the senate
    33  finance committee and the chair of the assembly ways and means committee
    34  that there are sufficient funds to cover such amount;  provided  further
    35  that such moneys may include the veterans remembrance and cemetery main-
    36  tenance and operation fund created pursuant to section ninety-seven-mmmm
    37  of  the  state finance law. In making such a certification, the director
    38  of the division of the budget and the office of  the  state  comptroller
    39  shall consider, but are not limited to, the following factors:
    40    (i)  physical  attributes  of  the  veterans cemetery, including size,
    41  location, and terrain;
    42    (ii) staffing costs, cost of equipment and equipment maintenance,  and
    43  security costs;
    44    (iii)  relevant  state and federal requirements and specifications for
    45  interment and perpetual care;
    46    (iv) estimates provided by the United States  Department  of  Veterans
    47  Affairs;
    48    (v)  any other non-reimbursable fiscal cost, charge or assessment that
    49  would be incurred by the cemetery.
    50    (c) Once the certification that there are sufficient funds pursuant to
    51  paragraph (b) of this subdivision has been made, and no later than thir-
    52  ty days following the selection of the site pursuant to paragraph  (a-3)
    53  of  this subdivision, the commissioner, in consultation with the manage-
    54  ment board of  the  first  New  York  state  veterans'  cemetery,  shall
    55  commence  the application process for funding from the government of the
    56  United States, in accordance with the grant  requirements  specified  in

        S. 8006--C                         84                         A. 9006--C
 
     1  section  2408 of title 38 of the United States code, part 39 of title 38
     2  of the code of federal regulations, and any other relevant federal stat-
     3  ute or regulation, for the purpose  of  seeking  funds  to  support  the
     4  construction, establishment, expansion, improvement, support, operation,
     5  maintenance  and  the  provision  of  perpetual care of New York state's
     6  first veterans' cemetery. Such grant application shall  be  based  on  a
     7  site selected pursuant to paragraph (a-3) of this subdivision, and shall
     8  be  consistent with the guidelines for receipt of federal funding pursu-
     9  ant to the relevant provisions of federal law.
    10    (d) A management board for the first New York state veterans' cemetery
    11  shall be appointed pursuant to subdivision three of this section.
    12    (e) The commissioner shall promulgate rules and regulations governing:
    13    (i) The guidelines and standards for the construction,  establishment,
    14  expansion,   improvement,   support,   operation,  maintenance  and  the
    15  provision of perpetual care for a state veterans' cemetery. Such  guide-
    16  lines shall include, but not be limited to:
    17    (1) The size and terrain of the cemetery;
    18    (2)  The  management  and operation of the cemetery, including but not
    19  limited to:
    20    (A) Hours of operation;
    21    (B) Employees, employee relations, and employee duties;
    22    (C) The conduct and practice of events, ceremonies and programs;
    23    (D) The filing and compliance of the cemetery with state  and  federal
    24  regulators; and
    25    (E)  Such  other  and further operational and management practices and
    26  procedures as the commissioner shall determine to be necessary  for  the
    27  successful operation of a state veterans' cemetery.
    28    (3) The layout of plots;
    29    (4)  The  locations  of building and infrastructure, including but not
    30  limited to:
    31    (A) Electrical lines and facilities;
    32    (B) Waterlines, irrigation systems, and drainage facilities;
    33    (C) Trees, flowers and other plantings;
    34    (D) Non gravesite memorials, gravesite memorials,  mausoleums,  colum-
    35  barium  niches,  headstones, grave markers, indoor interment facilities,
    36  committal-service shelters, signage,  flag  poles,  and  other  memorial
    37  gathering spaces or infrastructure;
    38    (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
    39    (F) Ponds, lakes and other water sites;
    40    (G)  Retaining walls, gates, fences, security systems or other devices
    41  for cemetery protection; and
    42    (H) Any other buildings, structures or  infrastructure  necessary  for
    43  the safe, efficient and effective operation of the cemetery;
    44    (5)  The  qualifications for interment, consistent with the provisions
    45  of state and federal law and any requirements pursuant to the receipt of
    46  federal, state, local or private funds;
    47    (6) The location and placement of interments;
    48    (7) Consistent with the provisions of state and federal  law  and  any
    49  requirements pursuant to the receipt of federal, state, local or private
    50  funds,  the  financial  management  of  the  cemetery, including but not
    51  limited to:
    52    (A) The procedures for the protection and implementation of the  ceme-
    53  tery's annual budget;
    54    (B)  The  seeking,  collecting,  deposit  and expenditure of operating
    55  funds pursuant to the cemetery's budget;

        S. 8006--C                         85                         A. 9006--C
 
     1    (C) The seeking, collecting, deposit and expenditure of capital  funds
     2  pursuant to the cemetery's capital plan;
     3    (D)  The  seeking,  collecting,  deposit  and expenditure of emergency
     4  funds to address an unexpected event;
     5    (E) The assessment, charging,  collection  and  deposit  of  fees  and
     6  charges;
     7    (F) The management of cemetery finances, both current and future, with
     8  respect to investments; and
     9    (G)  Such  other  and further procedures and activities concerning the
    10  financial management of the cemetery;
    11    (8) The provision of perpetual care for the  cemetery,  including  but
    12  not limited to:
    13    (A)  The  frequency,  standards and methods for the beautification and
    14  maintenance of grounds,  memorials,  gravesites,  buildings,  ceremonial
    15  sites, or other locations within, or upon the curtilage of the cemetery;
    16    (B)  The  frequency, standards and methods for the provision of flags,
    17  patriotic and military  symbols,  and  other  honorary  items,  at  each
    18  gravesite and throughout the cemetery; and
    19    (C)  Such  other  and further standards as are necessary to assure the
    20  proper perpetual care of the cemetery in a manner befitting the  highest
    21  level  of  honor and respect deserving to those veterans and their fami-
    22  lies interred in the cemetery;
    23    (9) Guidelines and standards for the procurement of land for the ceme-
    24  tery providing that the state veterans' cemetery, and all  the  property
    25  upon which it resides shall be owned in fee simple absolute by the state
    26  of New York;
    27    (10) Guidelines and standards for the practices and procedures for the
    28  construction  and establishment of a state veterans' cemetery, including
    29  contracting  and  purchasing  for  construction  services,  professional
    30  services,  legal  services, architectural services, consulting services,
    31  as well as the procurement of materials, all consistent with  the  rele-
    32  vant provisions of federal, state and local law, the regulations promul-
    33  gated  thereunder,  and the requirements contained in the grants awarded
    34  or pursued from the federal government, or any source of  private  fund-
    35  ing;
    36    (11) Guidelines and standards for the practices and procedures for the
    37  expansion  and  improvement  of  a  state  veterans' cemetery, including
    38  contracting  and  purchasing  for  construction  services,  professional
    39  services,  legal  services, architectural services, consulting services,
    40  as well as the procurement of materials, all consistent with  the  rele-
    41  vant provisions of federal, state and local law, the regulations promul-
    42  gated  thereunder,  and the requirements contained in the grants awarded
    43  or pursued from the federal government, or any source of  private  fund-
    44  ing;
    45    (12)  Any  other  guidelines  and  standards that would facilitate the
    46  successful construction, establishment, expansion, improvement, support,
    47  operation, maintenance and the provision of perpetual care for the state
    48  veterans' cemetery;
    49    (ii) Guidelines and standards for any  local  government  desiring  to
    50  have  the  first  state  veterans' cemetery located within its political
    51  subdivision, including, but not limited to:
    52    (1) The requirement that the local government  will  comply  with  all
    53  state  and federal statutes and regulations concerning the construction,
    54  establishment, expansion, improvement, support,  operation,  maintenance
    55  and the provision of perpetual care of the state veterans' cemetery, and

        S. 8006--C                         86                         A. 9006--C
 
     1  shall  satisfy  any  and  all applicable state and federal standards and
     2  requirements for the perpetual care of the state veterans' cemetery;
     3    (2) That the state veterans' cemetery, and all the property upon which
     4  it  resides  shall  be  owned in fee simple absolute by the state of New
     5  York;
     6    (3) That all lands upon which such cemetery is constructed and  estab-
     7  lished  shall  be used solely for state veterans' cemetery purposes, and
     8  for the purpose of providing the honor and remembrance of  veterans  and
     9  their service through ceremonies and programs;
    10    (4)  Such  other and further requirements as the commissioner may deem
    11  prudent in the facilitation of the successful siting and operation of  a
    12  state  veterans'  cemetery  in the jurisdiction of the local government;
    13  and
    14    (iii) Such other and further guidelines and standards as are necessary
    15  for the successful construction, establishment, expansion,  improvement,
    16  support,  operation, maintenance and the provision of perpetual care for
    17  a state veterans' cemetery.
    18    (f) Upon the approval of the application for funding from the  govern-
    19  ment of the United States, made pursuant to paragraph (c) of this subdi-
    20  vision,  the  commissioner, upon consultation with the management board,
    21  shall commence the process of  construction  and  establishment  of  the
    22  first  state  veterans'  cemetery. Such process shall be consistent with
    23  the relevant provisions of local, state and federal law, and  the  rules
    24  and  regulations  established pursuant to paragraph (e) of this subdivi-
    25  sion.
    26    3. Management boards of New York state veterans' cemeteries.  (a)  For
    27  each  New York state veterans'  cemetery  there  shall  be  a management
    28  board. Each such management board shall consist of nine members, includ-
    29  ing  the  commissioner of the department who shall serve as  chair,  and
    30  four members, appointed by the governor. Of such four members, not fewer
    31  than  two  shall be a veteran of the United States as defined in section
    32  one of this article or a member of  the  New York army national guard or
    33  the New York air national guard, or the  New  York  naval  militia.  Two
    34  members shall be appointed by the temporary president of the senate, and
    35  two  members  shall  be appointed by the speaker of  the state assembly.
    36  At least one of the members appointed by the temporary president of  the
    37  senate  and at least one of  the  members  appointed  by the speaker  of
    38  the  assembly shall be a veteran of the  United  States  as  defined  in
    39  section  one of this article or a member of the  New  York army national
    40  guard or the New York air national guard, or the New York naval militia.
    41  No member shall receive any compensation for his or  her  service,   but
    42  members who are not state officials may be reimbursed  for  their  actu-
    43  al   and   necessary  expenses,  including travel expenses  incurred  in
    44  performance of their duties. The management board may consult  with  any
    45  federal,  state  or  local  entity  for  the  purposes  of advancing its
    46  purposes, mission and duties.
    47    (b) The management board shall advise, by majority vote,  the  commis-
    48  sioner  on issues concerning the construction, establishment, expansion,
    49  improvement,  support,  operation,  maintenance  and  the  provision  of
    50  perpetual  care for the veterans' cemetery, including but not limited to
    51  issues of financial  concern,  employment  relations,  cemetery  policy,
    52  cemetery  events  and programs, and such other and further issues as the
    53  board and commissioner shall deem important.
    54    4. Additional state veterans' cemeteries. (a) Not later than ten years
    55  after the construction and establishment of the  first  New  York  state
    56  veterans'  cemetery,  and every ten years thereafter, the department, in

        S. 8006--C                         87                         A. 9006--C
 
     1  cooperation with the United States Department of Veterans Affairs, shall
     2  conduct an investigation and study on the issue of the construction  and
     3  establishment  of  additional  New York state veterans' cemeteries. Such
     4  investigation and study shall consider, but not be limited to, the study
     5  parameters  established  pursuant to paragraph (a) of subdivision two of
     6  this section. A report of the investigation and  study  required  to  be
     7  conducted  pursuant to this subdivision shall be delivered to the gover-
     8  nor, the temporary president of the senate, the speaker of the  assembly
     9  and the chair of the senate committee on veterans, homeland security and
    10  military  affairs,  and the chair of the assembly committee on veterans'
    11  affairs, by no later than ninety days after the department has commenced
    12  the conduct of the investigation and study;
    13    (b) The report of the investigation and study required to be conducted
    14  pursuant to this subdivision shall provide a determination by the direc-
    15  tor as to whether the state should construct and establish one  or  more
    16  additional veterans' cemeteries, and shall state the reasoning and basis
    17  for such determination; and
    18    (c)  The department may, at the discretion of the commissioner, at any
    19  time after five years from the completion of construction  of  the  most
    20  recently  constructed and established state veterans' cemetery, in coop-
    21  eration with the United States Department of Veterans  Affairs,  conduct
    22  an  investigation  and study on the issue of the construction and estab-
    23  lishment of additional New York state veterans' cemeteries. A report  of
    24  the  investigation and study required to be conducted shall be delivered
    25  to the governor, the temporary president of the senate, the  speaker  of
    26  the assembly and the chair of the senate committee on veterans, homeland
    27  security  and  military affairs, and the chair of the assembly committee
    28  on veterans' affairs, by no later than ninety days after the  department
    29  has commenced the conduct of the investigation and study.
    30    (d)  If  the  commissioner,  pursuant  to  the investigation and study
    31  conducted pursuant to this subdivision, determines that there  shall  be
    32  an  additional  state  veterans' cemetery in New York state, the commis-
    33  sioner shall provide for the construction and establishment of such  new
    34  veterans' cemetery pursuant to the same guidelines and standards for the
    35  construction  and  establishment  of  the first state veterans' cemetery
    36  under this section.
    37    5. Expansion and improvement of existing state  veterans'  cemeteries.
    38  The  commissioner,  in consultation with the management board of a state
    39  veterans' cemetery, may provide for the expansion and/or improvement  of
    40  the  cemetery.  Such  expansion  and  improvement  shall be conducted in
    41  accordance with the rules and regulations of the department under  para-
    42  graph (e) of subdivision two of this section.
    43    §  25.  Veterans  health  screening.  1.  As  used in this section: a.
    44  "Eligible member" means a member of the New York army national guard  or
    45  the  New  York air national guard who served in the Persian Gulf War, as
    46  defined in 38 USC 101, or in an area designated as a combat zone by  the
    47  president  of  the  United  States  during Operation Enduring Freedom or
    48  Operation Iraqi Freedom;
    49    b. "Veteran" means a person as defined in section one of this  article
    50  who is a resident of the state;
    51    c.  "Military  physician"  includes  a physician who is under contract
    52  with the United  States  department  of  defense  to  provide  physician
    53  services to members of the uniformed services; and
    54    d.  "Depleted  uranium" means uranium containing less uranium-235 than
    55  the naturally occurring distribution of uranium isotopes.

        S. 8006--C                         88                         A. 9006--C
 
     1    2. On and after February  first,  two  thousand  seven,  the  adjutant
     2  general  and  the state commissioner shall assist any eligible member or
     3  veteran who has been experiencing health problems.   Such  problems  may
     4  include  exposure  to toxic materials or harmful physical agents such as
     5  depleted  uranium. An eligible member or veteran who has been assigned a
     6  risk level I, II or III for depleted uranium  exposure  by  his  or  her
     7  branch of service, is referred by a military physician, or has reason to
     8  believe  that  he or she was exposed to toxic materials or harmful phys-
     9  ical agents such as depleted uranium during such service,  in  obtaining
    10  federal  treatment  services.  Such  treatment shall include, but not be
    11  limited to, a best  practice  health  screening  test  for  exposure  to
    12  depleted  uranium using a bioassay procedure involving sensitive methods
    13  capable of detecting depleted uranium at  low  levels  and  the  use  of
    14  equipment  with the capacity to discriminate between different radioiso-
    15  topes in naturally occurring levels of uranium  and  the  characteristic
    16  ratio and marker for depleted uranium. As more scientific reliable tests
    17  become  available such test shall be included in the treatment protocol.
    18  No state funds shall be used to pay for such tests or such other federal
    19  treatment services.
    20    3. On or before February  first,  two  thousand  seven,  the  adjutant
    21  general shall submit a report to the chair of the senate veterans, home-
    22  land security and military affairs committee and the chair of the assem-
    23  bly  veterans'  affairs  committee on the scope and adequacy of training
    24  received by members of the New York army national guard and the New York
    25  air national guard  on  detecting  whether  their  service  as  eligible
    26  members  is  likely  to  entail,  or to have entailed, exposure to toxic
    27  materials or harmful physical agents such  as  depleted  uranium.    The
    28  report shall include an assessment of the feasibility and cost of adding
    29  predeployment training concerning potential exposure to depleted uranium
    30  and  other  toxic  chemical  substances  and the precautions recommended
    31  under combat and noncombat conditions  while  in  a  combat  theater  or
    32  combat zone of operations.
    33    §  26.  Payment  to parents of veterans. 1. Annuity established. (a) A
    34  parent, identified in 10 USC 1126 as a gold star parent,  of  a  veteran
    35  who  heretofore has died or a parent of a veteran dying hereafter, shall
    36  upon application to the state commissioner, be paid  an  annual  annuity
    37  out of the treasury of the state for the sum of five hundred dollars for
    38  such  term as such parent shall be entitled thereto under the provisions
    39  of this article. Commencing in  the  year  two  thousand  nineteen,  the
    40  amount  of  any  annuity  payable  under  this section shall be the same
    41  amount as the annuity payable in the preceding year  plus  a  percentage
    42  adjustment  equal to the annual percentage increase, if any, for compen-
    43  sation and pension benefits administered by the United States Department
    44  of Veterans Affairs in the previous year. Such percentage increase shall
    45  be rounded up to the next highest one-tenth of one percent and shall not
    46  be less than one percent nor more than four percent. The commissioner of
    47  veterans' services, not later than February first of  each  year,  shall
    48  publish by any reasonable means, including but not limited to posting on
    49  the  department's website, the amount of the annuity as adjusted payable
    50  under this section. The term "parent" for the purposes of  this  section
    51  includes mother, father, stepmother, stepfather, mother through adoption
    52  and father through adoption.
    53    (b)  The  entitlement of any parent to receive the annuity provided by
    54  paragraph (a) of this subdivision shall terminate upon his or her  death
    55  or upon his or her ceasing to continue to be a resident of and domiciled
    56  in  the  state  of New York, but such entitlement may be reinstated upon

        S. 8006--C                         89                         A. 9006--C
 
     1  application to the state commissioner, if such parent  shall  thereafter
     2  resume his or her residence and domicile in the state.
     3    (c) The effective date of an award of the annuity to a parent shall be
     4  the day after the date of death of the veteran if the application there-
     5  for  is received within one year from date of death.  If the application
     6  is received after the expiration of the first year following the date of
     7  the death of the veteran, the effective date of an award of the  annuity
     8  to a parent shall be the date of receipt of the application by the state
     9  commissioner.  If  the  application  is denied but is granted at a later
    10  date upon an application for reconsideration based  upon  new  evidence,
    11  the  effective date of the award of the annuity to a parent shall be the
    12  date of the receipt of the application for reconsideration by the  state
    13  commissioner.
    14    (d)  Any  applicant  convicted  of  making  any false statement in the
    15  application for the annuity shall be subject to penalties prescribed  in
    16  the penal law.
    17    2.  Qualifications.  (a)  Any gold star parent, who is the parent of a
    18  deceased veteran, and who is a resident of and domiciled in the state of
    19  New York, shall make application to the department.
    20    (b) No entitlement shall be paid under this section to or for  a  gold
    21  star  parent who is in prison in a federal, state, or local penal insti-
    22  tution as a result of conviction of a felony or misdemeanor for any part
    23  of the period beginning sixty-one days after  his  or  her  imprisonment
    24  begins and ending with his or her release.
    25    (c) Where one or more gold star parents are disqualified for the annu-
    26  ity  for  a  period  under  paragraph (b) of this subdivision, the state
    27  commissioner shall pay the shares of such disqualified  parents  to  the
    28  other parents, if they meet the qualifications on their own.
    29    (d)  The  decision  of the state commissioner on matters regarding the
    30  payment of such annuity shall be final.
    31    3. Method of payment. (a) Evidence of  the  military  service  of  the
    32  deceased  veteran  of  the  gold  star  parent  for  each  case shall be
    33  furnished in the manner and form prescribed by the state commissioner.
    34    (b) Upon being satisfied that such service was honorable,  that  other
    35  facts  and  statements  in  the application of such gold star parent are
    36  true, the state commissioner shall certify to the state comptroller  the
    37  name and address of such gold star parent.
    38    (c)  Thereafter,  the department of taxation and finance, on the audit
    39  and warrant of the comptroller, shall pay such gold star parent such sum
    40  as is authorized by  the  provisions  of  this  section  in  semi-annual
    41  installments  for  so long as such qualified gold star parent shall meet
    42  the requirements of this section.
    43    4. Report. The state commissioner shall submit a report to the  gover-
    44  nor,  the  chair  of  the senate finance committee, and the chair of the
    45  assembly ways and means committee not later than  January  fifteenth  of
    46  each  year this section is in effect. Such report shall include, but not
    47  be limited to regulations promulgated pursuant to this  section,  and  a
    48  description and evaluation of the program.
    49    § 27. Cremated remains of a veteran. The cremated remains of a veteran
    50  may  be  disposed  of  pursuant  to  the provisions of section forty-two
    51  hundred three of the public health law.
    52    § 28. New York state silver rose  veterans  service  certificate.  The
    53  commissioner,  in  consultation  with  the  adjutant  general, is hereby
    54  authorized to present in the name of the legislature of the state of New
    55  York, a certificate, to be known as the  "New  York  State  Silver  Rose

        S. 8006--C                         90                         A. 9006--C
 
     1  Veterans  Service  Certificate",  bearing  a suitable inscription to any
     2  person:
     3    1. who is a citizen of the state of New York; or
     4    2.  who  was  a  citizen of the state of New York while serving in the
     5  uniformed services of the United States, and who while  serving  in  the
     6  uniformed  services  of  the  United States, or the organized militia on
     7  active duty was exposed to dioxin or phenoxy herbicides, as evinced by a
     8  medical diagnosis of a disease associated with dioxin or phenoxy  herbi-
     9  cides,  and  any  other  proof  determined by the adjutant general to be
    10  necessary; or
    11    3. who was honorably discharged or released  under  honorable  circum-
    12  stances.
    13    Not  more  than  one  New York state silver rose veterans certificates
    14  shall be awarded or presented, under the provisions of this section,  to
    15  any person whose entire service subsequent to the time of the receipt of
    16  such  certificate  shall  not  have  been honorable. In the event of the
    17  death of any person during or subsequent to the receipt of such  certif-
    18  icate  it  shall  be presented to such representative of the deceased as
    19  may be designated. The commissioner, in consultation with  the  adjutant
    20  general,  shall  make such rules and regulations as may be deemed neces-
    21  sary for the proper presentation and distribution of such certificates.
    22    § 29. Intake forms for admission and residency. 1. The department,  in
    23  cooperation  with  the office of temporary and disability assistance and
    24  any  other  state department, office,  division  or  agency  the depart-
    25  ment deems  necessary,  shall  require that all intake forms for  admis-
    26  sion  or  residency  to any temporary shelter that  is  reimbursed  from
    27  state or state-administered   grants or funds shall  ask  an  applicant:
    28  "Have  you  or  anyone  in your household ever been in the United States
    29  military?".  Each social services district or social services district's
    30  designee shall in writing advise all individuals applying for  temporary
    31  housing  assistance  and  identifying  themselves  as having been in the
    32  United States military that  the  department   of   veterans'   services
    33  and  local  veterans'  service  agencies established pursuant to section
    34  fourteen of this article provide assistance to veterans regarding  bene-
    35  fits  available  under  federal  and state law. Such written information
    36  shall include the name, address and telephone number of the  New    York
    37  state  department  of  veterans'   services,   the nearest department of
    38  veterans' services office, the nearest county or city veterans'  service
    39  agency  and  the nearest accredited   veterans'   service officer.  Each
    40  social  services  district or social   services   district's   designee,
    41  with  the  permission  of such individual's  identifying   themself   as
    42  a    veteran,  shall  transmit  such veteran's status information to the
    43  department of veterans' services.
    44    2. The department, in cooperation  with  the   office   of   temporary
    45  and  disability    assistance    and any other state department, office,
    46  division or agency the  department  deems  necessary,  shall   encourage
    47  all  other  temporary    shelter   providers   to   share information to
    48  increase veteran access to benefits by:
    49    (a) providing information on the department website including:
    50    (i) potential questions for inclusion on intake forms  including,  but
    51  not  limited  to: "Have you or anyone in your household ever been in the
    52  United States military?";
    53    (ii)  advising   such   providers  that  all   individuals identifying
    54  themselves  as  having  been  in  the  United  States  military that the
    55  division and local veterans'  service  agencies  provide  assistance  to
    56  veterans regarding benefits available under federal and state law; and

        S. 8006--C                         91                         A. 9006--C
 
     1    (iii)  the   address   and  telephone number of the department, county
     2  and city   veterans'   service   agencies   and   accredited   veterans'
     3  service officers; and
     4    (b)  facilitating    the    transmission   of   such  veteran's status
     5  information, with the permission of individuals  identifying  themselves
     6  as a veteran, to the department.
 
     7                                  ARTICLE 2
     8                           VETERANS EMPLOYMENT ACT
     9  Section 30. Short title.
    10          31. Legislative findings.
    11          32. Definitions.
    12          33. Temporary hiring.
    13          34. Department of civil services responsibilities.
    14          35. Regulations.
    15    § 30. Short title. This article shall be known and may be cited as the
    16  "veterans employment act".
    17    §  31.  Legislative  findings. The legislature hereby finds that it is
    18  estimated that over the next five years,  forty-four  thousand  veterans
    19  are  expected  to return to this state from their military posts, making
    20  the Empire State home to one of the largest veteran populations  in  the
    21  country. Shockingly, the unemployment rate for Post-9/11 veterans in New
    22  York was 10.7% in two thousand twelve, which is nearly one percent high-
    23  er  than  the  national average and higher than the state's overall 8.2%
    24  unemployment rate. The legislature has found previously that  it  is  in
    25  the interest of the state to ensure that returning veterans have employ-
    26  ment   opportunities  available  upon  their  separation  from  military
    27  service.
    28    The state already  encourages  private  businesses  to  hire  military
    29  veterans through tax credits and other economic incentives. In addition,
    30  the  legislature has previously found that state agencies spend millions
    31  of dollars annually on temporary staff hired from  temporary  employment
    32  service  companies  to  cover  temporary staffing needs. These temporary
    33  state jobs could serve as a  bridge  for  recently  discharged  military
    34  veterans  who  have  yet  to find full-time permanent work. In addition,
    35  these temporary assignments could serve to develop the  next  generation
    36  of the state workforce and help with succession planning for the current
    37  workforce.
    38    The  legislature  declares  it  to  be the policy of this state to use
    39  veterans for  temporary  appointments  in  state  agencies  rather  than
    40  utilizing  temporary  employment  service  companies in order to provide
    41  employment opportunities for returning military veterans.
    42    § 32. Definitions. As used in this article:
    43    1. "State agency" shall mean any department, board, bureau,  division,
    44  commission,  council or committee within the executive branch, the state
    45  university of New York, the city university of New York, and all  public
    46  authorities under the control of the executive branch.
    47    2.  "Temporary appointment" shall have the same meaning as provided in
    48  section sixty-four of the civil service law.
    49    3. "Veteran" means a veteran (a) as defined in  section  one  of  this
    50  chapter, or (b) a member of the  New  York guard or New York naval mili-
    51  tia who was discharged under other than dishonorable conditions, and who
    52  was  released from such service  after  September eleventh, two thousand
    53  one.
    54    4. "Veteran temporary hiring list" shall mean a hiring list maintained
    55  by the department of civil service.

        S. 8006--C                         92                         A. 9006--C
 
     1    § 33. Temporary hiring. Notwithstanding any provision of  law  to  the
     2  contrary,  a state agency shall select a veteran from the veteran tempo-
     3  rary hiring list when  making  a  temporary  appointment  provided  such
     4  veteran possesses the applicable skills needed for the temporary assign-
     5  ment.
     6    § 34. Department of civil services responsibilities. The department of
     7  civil service shall:
     8    1.  establish and maintain a veteran temporary hiring list, for use by
     9  state agencies in the implementation of this article;
    10    2. assist state agencies by making available services of  the  depart-
    11  ment of civil service to facilitate the provisions of this article; and
    12    3.  establish  and  maintain,  together  with  the commissioner of the
    13  department of  veterans'  services,  a  program  to  educate  separating
    14  service  members  as  to  the  benefits available to veterans under this
    15  article.
    16    § 35. Regulations. The president of the state civil service commission
    17  shall promulgate such rules and regulations as  shall  be  necessary  to
    18  implement the provisions of this article.
 
    19                                  ARTICLE 3
    20         PARTICIPATION BY SERVICE-DISABLED VETERANS WITH RESPECT TO
    21                               STATE CONTRACTS
    22  Section 40. Definitions.
    23          41. Division of service-disabled veterans' business development.
    24          42. Opportunities  for  certified service-disabled veteran-owned
    25                business enterprises.
    26          43. Severability.
    27    § 40. Definitions. As used in this article, the following terms  shall
    28  have the following meanings:
    29    1.  "Certified  service-disabled  veteran-owned  business  enterprise"
    30  shall mean a business enterprise, including a sole proprietorship, part-
    31  nership, limited liability company or corporation that is:
    32    (a) at least fifty-one percent owned by one or  more  service-disabled
    33  veterans;
    34    (b)  an enterprise in which such service-disabled veteran ownership is
    35  real, substantial, and continuing;
    36    (c) an enterprise in which such service-disabled veteran ownership has
    37  and exercises the authority  to  control  independently  the  day-to-day
    38  business decisions of the enterprise;
    39    (d) an enterprise authorized to do business in this state and is inde-
    40  pendently-owned and operated;
    41    (e)  an  enterprise  that  is a small business which has a significant
    42  business presence in the state, not dominant in its field  and  employs,
    43  based  on its industry, a certain number of persons as determined by the
    44  director, but not to exceed three  hundred,  taking  into  consideration
    45  factors  which  include,  but are not limited to, federal small business
    46  administration standards pursuant to 13 CFR part 121 and any  amendments
    47  thereto; and
    48    (f) certified by the office of general services.
    49    2. "Commissioner" shall mean the commissioner of the office of general
    50  services.
    51    3. "Director" shall mean the director of the division of service-disa-
    52  bled veterans' business development.
    53    4.  "Division"  shall  mean the division of service-disabled veterans'
    54  business development in the office of general services.

        S. 8006--C                         93                         A. 9006--C
 
     1    5. "Service-disabled veteran" shall mean (a) a veteran as  defined  in
     2  section  one  of  this chapter and who received a compensation rating of
     3  ten percent or greater from the United  States  Department  of  Veterans
     4  Affairs  or  from  the  United States department of defense because of a
     5  service-connected  disability  incurred  in the line of duty, and (b) in
     6  the case of the New York guard or the  New  York  naval  militia  and/or
     7  reserves  thereof,  a  veteran  who certifies, pursuant to the rules and
     8  regulations promulgated by the director, to having  incurred  an  injury
     9  equivalent  to  a compensation rating of ten percent or greater from the
    10  United States Department of Veterans Affairs or from the  United  States
    11  Department of Defense because of a service-connected disability incurred
    12  in the line of duty.
    13    6. "State agency" shall mean: (a)(i) any state department; or (ii) any
    14  division,  board, commission or bureau of any state department; or (iii)
    15  the state university of New York and the city university  of  New  York,
    16  including  all their constituent units except community colleges and the
    17  independent institutions operating statutory  or  contract  colleges  on
    18  behalf  of  the  state; or (iv) a board, a majority of whose members are
    19  appointed by the governor or who serve by virtue of being state officers
    20  or employees as defined in subparagraph (i), (ii) or (iii) of  paragraph
    21  (i)  of  subdivision one of section seventy-three of the public officers
    22  law.
    23    (b) a "state authority" as defined in subdivision one of  section  two
    24  of the public authorities law, and the following:
    25    Albany County Airport Authority;
    26    Albany Port District Commission;
    27    Alfred, Almond, Hornellsville Sewer Authority;
    28    Battery Park City Authority;
    29    Cayuga County Water and Sewer Authority;
    30    (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
    31    Corporation;
    32    Industrial Exhibit Authority;
    33    Livingston County Water and Sewer Authority;
    34    Long Island Power Authority;
    35    Long Island Rail Road;
    36    Long Island Market Authority;
    37    Manhattan and Bronx Surface Transit Operating Authority;
    38    Metro-North Commuter Railroad;
    39    Metropolitan Suburban Bus Authority;
    40    Metropolitan Transportation Authority;
    41    Natural Heritage Trust;
    42    New York City Transit Authority;
    43    New York Convention Center Operating Corporation;
    44    New York State Bridge Authority;
    45    New York State Olympic Regional Development Authority;
    46    New York State Thruway Authority;
    47    Niagara Falls Public Water Authority;
    48    Niagara Falls Water Board;
    49    Port of Oswego Authority;
    50    Power Authority of the State of New York;
    51    Roosevelt Island Operating Corporation;
    52    Schenectady Metroplex Development Authority;
    53    State Insurance Fund;
    54    Staten Island Rapid Transit Operating Authority;
    55    State University Construction Fund;
    56    Syracuse Regional Airport Authority;

        S. 8006--C                         94                         A. 9006--C
 
     1    Triborough Bridge and Tunnel Authority;
     2    Upper Mohawk valley regional water board;
     3    Upper Mohawk valley regional water finance authority;
     4    Upper Mohawk valley memorial auditorium authority;
     5    Urban Development Corporation and its subsidiary corporations.
     6    (c)  the  following only to the extent of state contracts entered into
     7  for its own account or for the benefit of a state agency as  defined  in
     8  paragraph (a) or (b) of this subdivision:
     9    Dormitory Authority of the State of New York;
    10    Facilities Development Corporation;
    11    New York State Energy Research and Development Authority;
    12    New York State Science and Technology Foundation.
    13    (d)  "state  contract" shall mean: (i) a written agreement or purchase
    14  order instrument, providing for a total expenditure in excess  of  twen-
    15  ty-five  thousand  dollars, whereby a contracting agency is committed to
    16  expend or does expend funds in return for labor, services including  but
    17  not  limited  to  legal,  financial  and  other  professional  services,
    18  supplies, equipment, materials or any combination of the  foregoing,  to
    19  be  performed  for,  or rendered or furnished to the contracting agency;
    20  (ii) a written agreement in  excess  of  one  hundred  thousand  dollars
    21  whereby a contracting agency is committed to expend or does expend funds
    22  for the acquisition, construction, demolition, replacement, major repair
    23  or  renovation  of  real  property and improvements thereon; and (iii) a
    24  written agreement in excess of one hundred thousand dollars whereby  the
    25  owner of a state assisted housing project is committed to expend or does
    26  expend funds for the acquisition, construction, demolition, replacement,
    27  major repair or renovation of real property and improvements thereon for
    28  such project.
    29    7.  "Veteran"  shall  mean  (a) a veteran as defined in section one of
    30  this   chapter, or (b) a member  of  the  New    York    guard  who  was
    31  discharged under other than dishonorable conditions, or  (c) has a qual-
    32  ifying  condition,  as  defined  in section one of this chapter, and has
    33  received a discharge other  than bad conduct or dishonorable  from  such
    34  service, or  (d) is a discharged LGBT veteran, as defined in section one
    35  of this chapter, and has  received  a  discharge  other than bad conduct
    36  or dishonorable from such service.
    37    §  41. Division of service-disabled veterans' business development. 1.
    38  The head of the division of service-disabled veterans' business develop-
    39  ment shall be the director who shall be appointed by  the  governor  and
    40  who shall hold office at the pleasure of the commissioner.
    41    2.  The  director  may  appoint  such  deputies, assistants, and other
    42  employees as may be needed for the performance of the duties  prescribed
    43  herein  subject to the provisions of the civil service law and the rules
    44  and regulations of  the  civil  service  commission.  The  director  may
    45  request  and  shall  receive  from  any (i) department, division, board,
    46  bureau, or executive commission of the state or (ii) state agency,  such
    47  assistance as may be necessary to carry out the provisions of this arti-
    48  cle.
    49    3. The director shall have the following powers and duties:
    50    (a)  Develop, collect, summarize and disseminate information that will
    51  be helpful to persons and organizations throughout the state  in  under-
    52  taking  or  promoting  the  establishment  and successful operation of a
    53  service-disabled veteran-owned business.
    54    (b) Develop and make available to state agencies a directory of certi-
    55  fied service-disabled veteran-owned business  enterprises  which  shall,
    56  wherever  practicable,  be  divided  into categories of labor, services,

        S. 8006--C                         95                         A. 9006--C
 
     1  supplies, equipment, materials and recognized  construction  trades  and
     2  which  shall  indicate areas or locations of the state where such enter-
     3  prises are available to perform services. Such directory shall be posted
     4  on the office of general services website.
     5    (c) Assist state agencies in the development of programs to foster and
     6  promote  the  use of service-disabled veteran-owned business enterprises
     7  on state contracts.
     8    (d) Coordinate the plans, programs and operations of the state govern-
     9  ment which affect or may contribute to the  establishment,  preservation
    10  and development of service-disabled veteran-owned business enterprises.
    11    (e)  To  appoint independent hearing officers who by contract or terms
    12  of employment shall preside over adjudicatory hearings pursuant to  this
    13  section for the office and who are assigned no other work by the office.
    14    (f)  In  conjunction  with  the  commissioner, develop a comprehensive
    15  statewide plan and operational guidelines  to  promote  service-disabled
    16  veteran-owned  business  enterprises  and  to  assist  them in obtaining
    17  opportunities to participate in the procurement of goods and services by
    18  the state, including  identification  of  barriers  to  service-disabled
    19  veterans' business development and investigation and evaluation of their
    20  impact on achieving the objectives of this article.
    21    4. The commissioner shall:
    22    (a)  Coordinate  training  of all procurement personnel of state agen-
    23  cies, emphasizing increased sensitivity and responsiveness to the unique
    24  needs and requirements of service-disabled veteran-owned business enter-
    25  prises.
    26    (b) Conduct a coordinated review of all existing  and  proposed  state
    27  training  and  technical  assistance activities in direct support of the
    28  service-disabled  veterans'  business  development  program  to   assure
    29  consistency with the objectives of this article.
    30    (c)  Evaluate  and  assess  availability  of  firms for the purpose of
    31  increasing participation of such firms in state contracting in consulta-
    32  tion with relevant state entities including, but not limited to, the New
    33  York state department of veterans' services.
    34    (d) Provide advice and technical assistance to  promote  service-disa-
    35  bled veteran-owned business enterprises' understanding of state procure-
    36  ment  laws,  practices  and  procedures  to  facilitate and increase the
    37  participation of service-disabled veteran-owned business enterprises  in
    38  state procurement.
    39    (e)  Establish  regular performance reporting systems regarding imple-
    40  mentation of the programs designed to increase  service-disabled  veter-
    41  an-owned  business participation in procurement contracts by state agen-
    42  cies.
    43    (f) Submit a report by the thirty-first of December each year, to  the
    44  governor,  the  temporary  president  of  the senate, the speaker of the
    45  assembly and the chairpersons of the senate finance  and  assembly  ways
    46  and  means  committees. Such report shall include information including,
    47  but not limited to, the number of contracts  entered  into  pursuant  to
    48  this  article,  the  average  amount  of  such  contracts, the number of
    49  service-disabled  veteran-owned  business  enterprises  certified,   the
    50  number  of applications for certification as a service-disabled veteran-
    51  owned business enterprise, the number of denials for such certification,
    52  the number of appeals of such denials, and the outcome of  such  appeals
    53  and  the  average  time  that  is  required for such certification to be
    54  completed. Also to be included shall be the  level  of  service-disabled
    55  veteran-owned  businesses  participating  in each agency's contracts for
    56  goods and services and on activities of the division and efforts by each

        S. 8006--C                         96                         A. 9006--C
 
     1  contracting agency to promote utilization of  service-disabled  veteran-
     2  owned  businesses and to promote and increase participation by certified
     3  service-disabled  veteran-owned  businesses  with   respect   to   state
     4  contracts and subcontracts to such businesses. Such report may recommend
     5  new activities and programs to effectuate the purposes of this article.
     6    5. Certification. (a) The director, or in the absence of the director,
     7  the commissioner, within ninety days of the effective date of this arti-
     8  cle, shall promulgate rules and regulations providing for the establish-
     9  ment  of  a  statewide  certification  program including rules and regu-
    10  lations governing the  approval,  denial,  or  revocation  of  any  such
    11  certification.  Such  rules  and  regulations  shall include, but not be
    12  limited to, such matters as may be required to ensure  that  the  estab-
    13  lished  procedures  thereunder  shall at least be in compliance with the
    14  code of fair procedure set forth in section seventy-three of  the  civil
    15  rights law.
    16    (b)  The  division  of service-disabled veterans' business development
    17  shall be responsible for verifying businesses as being owned,  operated,
    18  and  controlled  by  a  service-disabled veteran and for certifying such
    19  verified businesses. Status as a service-disabled  veteran  pursuant  to
    20  paragraph  (a)  of this subdivision shall be documented by a copy of the
    21  veteran's certificate of release or discharge from active duty,  includ-
    22  ing  but  not  limited  to,  a  DD-214  form  or  an  honorable  service
    23  certificate/report of casualty from the Department of Defense, a  letter
    24  of  certification by the United States Department of Veterans Affairs or
    25  the United States Department of Defense and any  additional  information
    26  that may be required by the division of service-disabled veterans' busi-
    27  ness  development.  In  the  case  of the New York guard or the New York
    28  naval militia and/or reserves  thereof,  status  as  a  service-disabled
    29  veteran pursuant to this paragraph shall be documented pursuant to rules
    30  and  regulations  promulgated  by the director, or in the absence of the
    31  director, the commissioner.
    32    (c) Following application for certification pursuant to this  section,
    33  the  director  shall  provide  the  applicant with written notice of the
    34  status of the application, including notice of any outstanding deficien-
    35  cies, within thirty days. Within sixty days of  submission  of  a  final
    36  completed  application,  the  director  shall provide the applicant with
    37  written notice of a determination by the director approving  or  denying
    38  such  certification  and,  in the event of a denial, a statement setting
    39  forth the reasons for such  denial.  Upon  a  determination  denying  or
    40  revoking  certification, the business enterprise for which certification
    41  has been so denied or revoked shall, upon written  request  made  within
    42  thirty days from receipt of notice of such determination, be entitled to
    43  a  hearing  before  an  independent  hearing officer designated for such
    44  purpose by the director. In the event that a request for  a  hearing  is
    45  not  made  within  such  thirty-day  period, such determination shall be
    46  deemed to be final. The independent  hearing  officer  shall  conduct  a
    47  hearing  and upon the conclusion of such hearing, issue a written recom-
    48  mendation to the director to affirm, reverse, or  modify  such  determi-
    49  nation  of  the director. Such written recommendation shall be issued to
    50  the parties. The director, within thirty days, by  order,  must  accept,
    51  reject  or  modify  such  recommendation  of the hearing officer and set
    52  forth in writing the reason therefor. The director shall serve a copy of
    53  such order and reasons therefor upon the business enterprise by personal
    54  service or by certified mail return receipt requested. The order of  the
    55  director shall be subject to review pursuant to article seventy-eight of
    56  the civil practice law and rules.

        S. 8006--C                         97                         A. 9006--C
 
     1    (d) All certifications shall be valid for a period of five years.
     2    § 42. Opportunities for certified service-disabled veteran-owned busi-
     3  ness  enterprises. 1.   The director, or in the absence of the director,
     4  the commissioner, within ninety days of the effective date of this arti-
     5  cle shall promulgate rules and regulations for the following purposes:
     6    (a) provide measures and procedures to ensure that certified  service-
     7  disabled veteran-owned business enterprises are afforded the opportunity
     8  for  meaningful  participation in the performance of state contracts and
     9  to assist in state agencies' identification of those state contracts for
    10  which certified service-disabled veteran-owned business enterprises  may
    11  best perform;
    12    (b)  provide for measures and procedures that assist state agencies in
    13  the identification of state  contracts  where  service-disabled  veteran
    14  contract  goals  are practical, feasible and appropriate for the purpose
    15  of increasing the utilization of service-disabled veteran-owned business
    16  enterprise participation on state contracts;
    17    (c) achieve a statewide goal for participation on state  contracts  by
    18  service-disabled veteran-owned business enterprises of six percent;
    19    (d)  provide  for  procedures  relating  to  submission and receipt of
    20  applications by service-disabled veteran-owned business enterprises  for
    21  certification;
    22    (e)  provide  for  the monitoring and compliance of state contracts by
    23  state agencies with respect to the provisions of this article;
    24    (f) provide for the requirement that  state  agencies  submit  regular
    25  reports,  as  determined by the director, with respect to their service-
    26  disabled veteran-owned business enterprise program  activity,  including
    27  but  not limited to, utilization reporting and state contract monitoring
    28  and compliance;
    29    (g) notwithstanding any provision of the state finance law, the public
    30  buildings law, the highway law, the transportation  law  or  the  public
    31  authorities  law  to the contrary, provide for the reservation or set-a-
    32  side of certain procurements by state agencies in order to  achieve  the
    33  objectives  of  this  article; provided, however, that such procurements
    34  shall remain subject to (i) priority of preferred  sources  pursuant  to
    35  sections  one hundred sixty-two and one hundred sixty-three of the state
    36  finance law; (ii) the approval of the comptroller of the  state  of  New
    37  York  pursuant  to  section  one  hundred twelve and section one hundred
    38  sixty-three of the state finance law and  section  twenty-eight  hundred
    39  seventy-nine-a  of the public authorities law; and (iii) the procurement
    40  record requirements pursuant to  paragraph  g  of  subdivision  nine  of
    41  section one hundred sixty-three of the state finance law; and
    42    (h) provide for any other purposes to effectuate this article.
    43    2.  State  agencies shall administer the rules and regulations promul-
    44  gated by the director for the implementation of this article.
    45    § 43. Severability. If any clause,  sentence,  paragraph,  section  or
    46  part  of this article shall be adjudged by any court of competent juris-
    47  diction to be invalid, the judgment shall not affect, impair or  invali-
    48  date  the  remainder  thereof, but shall be confined in its operation to
    49  the clause, sentence, paragraph, section or part of this article direct-
    50  ly involved in the controversy in which the  judgment  shall  have  been
    51  rendered.
    52    §  3.  Paragraph  a  of  subdivision 3 of section 14-a of the domestic
    53  relations law, as separately amended by section 27 of part AA of chapter
    54  56 and chapter 177 of the laws of 2019, is amended to read as follows:
    55    a. No fee shall be charged for any certificate when  required  by  the
    56  United  States  department  of  veterans  affairs  or  by the [division]

        S. 8006--C                         98                         A. 9006--C
 
     1  department of veterans' services of the state of New York to be used  in
     2  determining the eligibility of any person to participate in the benefits
     3  made available by the United States department of veterans affairs or by
     4  the state of New York.
     5    §  4.  Subdivision  1  of section 19 of the domestic relations law, as
     6  amended by section 28 of part AA of chapter 56 of the laws of  2019,  is
     7  amended to read as follows:
     8    1.  Each  town  and  city  clerk  hereby  empowered  to issue marriage
     9  licenses shall keep a book supplied by the state department of health in
    10  which such clerk shall record and index such information as is  required
    11  therein,  which book shall be kept and preserved as a part of the public
    12  records of his or her office. Whenever an  application  is  made  for  a
    13  search  of such records the city or town clerk, excepting the city clerk
    14  of the city of New York, may make such search and furnish a  certificate
    15  of the result to the applicant upon the payment of a fee of five dollars
    16  for  a search of one year and a further fee of one dollar for the second
    17  year for which such search is requested and fifty cents for  each  addi-
    18  tional  year  thereafter,  which  fees  shall be paid in advance of such
    19  search. Whenever an application is made for a search of such records  in
    20  the  city  of  New York, the city clerk of the city of New York may make
    21  such search and furnish a certificate of the  result  to  the  applicant
    22  upon the payment of a fee of five dollars for a search of one year and a
    23  further  fee  of  one  dollar  for  the  second year for which search is
    24  requested and fifty cents each additional year thereafter. Notwithstand-
    25  ing any other provision of this article, no fee shall be charged for any
    26  search or certificate when required by the United States  department  of
    27  veterans  affairs  or by the [division] department of veterans' services
    28  of the state of New York to be used in determining  the  eligibility  of
    29  any  person  to participate in the benefits made available by the United
    30  States department of veterans affairs or by the state of New  York.  All
    31  such affidavits, statements and consents, immediately upon the taking or
    32  receiving  of  the same by the town or city clerk, shall be recorded and
    33  indexed as provided herein and shall  be  public  records  and  open  to
    34  public  inspection  whenever  the  same may be necessary or required for
    35  judicial or other proper purposes. At such  times  as  the  commissioner
    36  shall  direct,  the said town or city clerk, excepting the city clerk of
    37  the city of New York, shall file in the office of the  state  department
    38  of health the original of each affidavit, statement, consent, order of a
    39  justice  or  judge  authorizing  immediate  solemnization  of  marriage,
    40  license and certificate, filed with or made before such clerk during the
    41  preceding month. Such clerk shall not be required to file  any  of  said
    42  documents  with  the  state  department  of  health until the license is
    43  returned with the certificate showing that the marriage  to  which  they
    44  refer has been actually performed.
    45    The  county  clerks  of  the  counties comprising the city of New York
    46  shall cause all original applications and  original  licenses  with  the
    47  marriage  solemnization  statements  thereon heretofore filed with each,
    48  and all papers and records and binders relating to such  original  docu-
    49  ments  pertaining  to  marriage  licenses  issued by said city clerk, in
    50  their custody and possession to be removed, transferred,  and  delivered
    51  to the borough offices of the city clerk in each of said counties.
    52    § 5. Subdivision 1 of section 3308 of the education law, as amended by
    53  section  29  of part AA of chapter 56 of the laws of 2019, is amended to
    54  read as follows:
    55    1. Each member state shall, through the creation of a state council or
    56  use of an existing body or board, provide for the coordination among its

        S. 8006--C                         99                         A. 9006--C

     1  agencies of government, local educational agencies and military  instal-
     2  lations  concerning  the  state's participation in, and compliance with,
     3  this compact and interstate commission  activities.  In  New  York,  the
     4  state council shall include the commissioner or his or her designee, the
     5  [director]  commissioner  of the New York state [division] department of
     6  veterans' services or his or her designee, the adjutant general  of  the
     7  state  of  New York or his or her designee, a superintendent of a school
     8  district with a high concentration of military children appointed by the
     9  commissioner, a district superintendent of schools of a board of cooper-
    10  ative educational services serving an area with a high concentration  of
    11  military children appointed by the commissioner, a representative from a
    12  military  installation  appointed  by  the governor, a representative of
    13  military families appointed by the governor, a public  member  appointed
    14  by  the governor and one representative each appointed by the speaker of
    15  the assembly, the temporary president of the senate and the governor.
    16    § 6. Subdivision 1 of section 6505-c of the education law, as  amended
    17  by  section  30 of part AA of chapter 56 of the laws of 2019, is amended
    18  to read as follows:
    19    1. The commissioner shall develop, jointly with the [director] commis-
    20  sioner of the [division] department of veterans' services, a program  to
    21  facilitate articulation between participation in the military service of
    22  the  United States or the military service of the state and admission to
    23  practice of a profession. The commissioner and  the  [director]  commis-
    24  sioner of veterans' services shall identify, review and evaluate profes-
    25  sional  training programs offered through either the military service of
    26  the United States or the military service of the state which may,  where
    27  applicable,  be  accepted  by the department as equivalent education and
    28  training in lieu of all or  part  of  an  approved  program.  Particular
    29  emphasis  shall  be  placed  on  the identification of military programs
    30  which have previously been deemed acceptable by the department as equiv-
    31  alent education and training, programs which may provide, where applica-
    32  ble, equivalent education and training for those professions  which  are
    33  critical  to  public  health  and safety and programs which may provide,
    34  where  applicable,  equivalent  education   and   training   for   those
    35  professions for which shortages exist in the state of New York.
    36    §  7.  The  opening paragraph of section 5-211 of the election law, as
    37  separately amended by chapters 587 and 672  of  the  laws  of  2019,  is
    38  amended to read as follows:
    39    Each  agency designated as a participating agency under the provisions
    40  of this section shall implement and administer a program of distribution
    41  of voter registration forms pursuant to the provisions of this  section.
    42  The  following  offices  which  provide public assistance and/or provide
    43  state funded programs primarily engaged in providing services to persons
    44  with disabilities are hereby designated as voter registration  agencies:
    45  designated as the state agencies which provide public assistance are the
    46  office  of  children  and  family  services, the office of temporary and
    47  disability assistance and the department of health. Also  designated  as
    48  public  assistance  agencies  are  all agencies of local government that
    49  provide such assistance.  Designated  as  state  agencies  that  provide
    50  programs primarily engaged in providing services to people with disabil-
    51  ities  are  the  department  of  labor, office for the aging, [division]
    52  department of veterans' services, office of  mental  health,  office  of
    53  vocational  and  educational services for individuals with disabilities,
    54  commission on quality of care for  the  mentally  disabled,  office  for
    55  people with developmental disabilities, commission for the blind, office
    56  of  [alcoholism  and  substance  abuse  services] addiction services and

        S. 8006--C                         100                        A. 9006--C
 
     1  supports, the office of the advocate for the disabled  and  all  offices
     2  which  administer programs established or funded by such agencies. Addi-
     3  tional participating agencies designated as voter  registration  offices
     4  are  the  department  of  state and the district offices of the workers'
     5  compensation board. Such agencies  shall  be  required  to  offer  voter
     6  registration  forms  to  persons  upon initial application for services,
     7  renewal or recertification for  services  and  upon  change  of  address
     8  relating  to  such services. Such agencies shall also be responsible for
     9  providing assistance to  applicants  in  completing  voter  registration
    10  forms,  receiving  and  transmitting the completed application form from
    11  all applicants who wish to have such form transmitted to the appropriate
    12  board of elections. The state board of elections  shall,  together  with
    13  representatives  of the United States department of defense, develop and
    14  implement procedures for including  recruitment  offices  of  the  armed
    15  forces  of  the  United  States  as voter registration offices when such
    16  offices are so designated by federal law.  The state board of  elections
    17  shall also make request of the United States Citizenship and Immigration
    18  Services to include applications for registration by mail with any mate-
    19  rials which are given to new citizens.
    20    §  8.  Subdivision 3 of section 11-0707 of the environmental conserva-
    21  tion law, as amended by chapter 322 of the laws of 2021, is  amended  to
    22  read as follows:
    23    3.  Any  person  who  is a patient at any facility in this state main-
    24  tained by the United States Veterans Health  Administration  or  at  any
    25  hospital  or  sanitorium for treatment of tuberculosis maintained by the
    26  state or any municipal corporation thereof or resident  patient  at  any
    27  institution  of the department of Mental Hygiene, or resident patient at
    28  the rehabilitation hospital of the department of Health, [or at any rest
    29  camp maintained by the state through the Division of Veterans'  Services
    30  in the Executive Department] or any incarcerated individual of a conser-
    31  vation work camp within the youth rehabilitation facility of the depart-
    32  ment of corrections and community supervision, or any incarcerated indi-
    33  vidual  of a youth opportunity or youth rehabilitation center within the
    34  Office of Children and Family Services, any resident of a  nursing  home
    35  or  residential  health care facility as defined in subdivisions two and
    36  three of section twenty-eight hundred one of the public health  law,  or
    37  any  staff  member  or  volunteer  accompanying or assisting one or more
    38  residents of such nursing home or residential health care facility on an
    39  outing authorized by the administrator of such nursing home or  residen-
    40  tial  health  care facility may take fish as if he or she held a fishing
    41  license, except that he or she may not take bait fish by net or trap, if
    42  he or she has on  his  or  her  person  an  authorization  upon  a  form
    43  furnished  by the department containing such identifying information and
    44  data as may be required by it, and signed by the superintendent or other
    45  head of such facility, institution, hospital, sanitarium, nursing  home,
    46  residential health care facility or rest camp, as the case may be, or by
    47  a staff physician thereat duly authorized so to do by the superintendent
    48  or  other  head thereof. Such authorization with respect to incarcerated
    49  individuals of said conservation work camps shall be  limited  to  areas
    50  under the care, custody and control of the department.
    51    §  9.  Subdivisions  8,  9  and 10 of section 31 of the executive law,
    52  subdivision 8 as amended by section 2 of part AA of chapter  56  of  the
    53  laws  of  2019,  subdivision 9 as amended by section 106 of subpart B of
    54  part C of chapter 62 of the laws of 2011 and subdivision 10  as  amended
    55  by section 8 of part O of chapter 55 of the laws of 2012, are amended to
    56  read as follows:

        S. 8006--C                         101                        A. 9006--C
 
     1    8. [The division of veterans' services.
     2    9.] The division of homeland security and emergency services.
     3    [10.] 9. Office of information technology services.
     4    § 10. Subdivision 1 of section 191 of the executive law, as amended by
     5  section  3  of  part AA of chapter 56 of the laws of 2019, is amended to
     6  read as follows:
     7    1. There is hereby established within the  division  of  military  and
     8  naval  affairs  a  temporary  advisory  committee on the restoration and
     9  display of New York state's military battle flags (hereinafter  referred
    10  to  as  the  "committee").  The committee shall have thirteen members as
    11  follows: the adjutant general, the director of the New York state  mili-
    12  tary  heritage  museum, the commissioners of education and parks, recre-
    13  ation and historic preservation and the [director] commissioner  of  the
    14  [division]  department of veterans' services, or their designated repre-
    15  sentatives, two members appointed each by the governor, speaker  of  the
    16  assembly and majority leader of the senate and one member each appointed
    17  by  the  minority  leaders of the senate and assembly and shall serve at
    18  the pleasure  of  the  appointing  authority.  Appointed  members  shall
    19  include individuals with experience in restoration of historical memora-
    20  bilia,  expertise  in  military  history,  or a background in historical
    21  restoration or fine arts conservation. No appointed member  shall  be  a
    22  member  of  the  executive,  legislative or judicial branch of the state
    23  government at the time of his/her appointment.  The  advisory  committee
    24  shall  meet  at  least  four  times a year. No members shall receive any
    25  compensation, but members who are not state officials may receive actual
    26  and necessary expenses incurred in the performance of their duties.
    27    § 11. Subdivision 1 of section 643 of the executive law, as amended by
    28  section 14 of part AA of chapter 56 of the laws of 2019, is  amended  to
    29  read as follows:
    30    1.  As  used  in this section, "crime victim-related agency" means any
    31  agency of state government which provides services to or deals  directly
    32  with  crime  victims,  including  (a)  the office of children and family
    33  services, the office for the aging, the [division] department of  veter-
    34  ans'  services,  the  office of probation and correctional alternatives,
    35  the department of corrections and community supervision, the  office  of
    36  victim  services,  the department of motor vehicles, the office of voca-
    37  tional rehabilitation, the workers' compensation board,  the  department
    38  of  health,  the  division  of  criminal justice services, the office of
    39  mental health, every transportation authority and the division of  state
    40  police,  and  (b)  any other agency so designated by the governor within
    41  ninety days of the effective date of this section.
    42    § 12. Section 99-v of the general municipal law, as amended by section
    43  25 of part AA of chapter 56 of the laws of 2019, is amended to  read  as
    44  follows:
    45    §  99-v. Veterans services; display of events. Each county, city, town
    46  or village may adopt a local law to  provide  a  bulletin  board  to  be
    47  conspicuously  displayed  in such county, city, town or village building
    48  holding its local legislative body or municipal offices.  Such  bulletin
    49  board shall be used by veterans organizations, the New York state [divi-
    50  sion]  department  of  veterans'  services,  the county veterans service
    51  agency or city veterans service agency to display information  regarding
    52  veterans  in  such  county,  city, town or village. Such information may
    53  include, but not be limited to, benefits or  upcoming  veterans  related
    54  events in the community.
    55    §  13.  Subdivision  1  of section 168 of the labor law, as amended by
    56  chapter 322 of the laws of 2021, is amended to read as follows:

        S. 8006--C                         102                        A. 9006--C
 
     1    1. This section shall apply to all persons employed by  the  state  in
     2  the  ward,  cottage,  colony, kitchen and dining room, and guard service
     3  personnel in any hospital, school, prison, reformatory or other institu-
     4  tion within or subject to  the  jurisdiction,  supervision,  control  or
     5  visitation  of  the department of corrections and community supervision,
     6  the department of health, the department of mental hygiene, the  depart-
     7  ment  of  social  welfare  or  the  [division]  department  of veterans'
     8  services [in the executive department], and engaged in  the  performance
     9  of  such duties as nursing, guarding or attending the incarcerated indi-
    10  viduals, patients, wards or other persons kept or housed in such  insti-
    11  tutions,  or  in  protecting  and  guarding the buildings and/or grounds
    12  thereof, or in preparing or serving food therein.
    13    § 14. Paragraph 5 of subdivision (b) of section  5.06  of  the  mental
    14  hygiene  law,  as  amended by section 31 of part AA of chapter 56 of the
    15  laws of 2019, is amended to read as follows:
    16    (5) one member appointed on the recommendation of the state [director]
    17  commissioner of the [division] department of veterans' services and  one
    18  member  appointed  on  the recommendation of the adjutant general of the
    19  division of military and naval affairs, at least one of whom shall be  a
    20  current  or  former  consumer of mental health services or substance use
    21  disorder services who is a veteran who has served in a combat theater or
    22  combat zone of operations and is a member of a veterans organization;
    23    § 14-a. Paragraph 5 of subdivision (b) of section 5.06 of  the  mental
    24  hygiene  law, as amended by chapter 4 of the laws of 2022, is amended to
    25  read as follows:
    26    (5) one member appointed on the recommendation of the state [director]
    27  commissioner of the [division] department of veterans' services and  one
    28  member  appointed  on  the recommendation of the adjutant general of the
    29  division of military and naval affairs, at least one of whom shall be  a
    30  current  or  former  consumer of mental health services or substance use
    31  disorder services who is a veteran who has served in a combat theater or
    32  combat zone of operations and is a member of a veterans organization;
    33    § 15. Subdivision (l) of section 7.09 of the mental  hygiene  law,  as
    34  added by chapter 378 of the laws of 2019, is amended to read as follows:
    35    (l)  Notwithstanding  any  general or special law to the contrary, the
    36  commissioner, in conjunction with the commissioner  of  [alcoholism  and
    37  substance abuse services] addiction services and supports and the direc-
    38  tor  of  the [division] department of veterans' services shall develop a
    39  public education initiative designed to eliminate stigma and misinforma-
    40  tion about mental illness  and  substance  use  among  service  members,
    41  veterans,  and their families, improve their understanding of mental and
    42  substance use disorders and the existence of  effective  treatment,  and
    43  provide  information  regarding  available  resources  and how to access
    44  them. These public education initiatives may  include  the  use  of  the
    45  internet, including the use of social networking sites.
    46    §  16.  Paragraph (g) of section 202 of the not-for-profit corporation
    47  law, as amended by section 33 of part AA of chapter 56 of  the  laws  of
    48  2019, is amended to read as follows:
    49    (g) Every corporation receiving any kind of state funding shall ensure
    50  the  provision  on  any  form required to be completed at application or
    51  recertification for the purpose of obtaining financial assistance pursu-
    52  ant to this chapter, that the application form shall contain a check-off
    53  question asking whether the applicant or recipient or a member of his or
    54  her family served in the United States military, and an option to answer
    55  in the affirmative. Where the applicant  or  recipient  answers  in  the
    56  affirmative  to  such  question,  the  not-for-profit  corporation shall

        S. 8006--C                         103                        A. 9006--C
 
     1  ensure that contact information for the state [division]  department  of
     2  veterans'  services  is provided to such applicant or recipient in addi-
     3  tion to any other materials provided.
     4    §  17. Paragraph (b) of section 1401 of the not-for-profit corporation
     5  law, as amended by section 34 of part AA of chapter 56 of  the  laws  of
     6  2019, is amended to read as follows:
     7    (b)  Removal  of  remains from private cemeteries to other cemeteries.
     8  The supervisor of any town containing a private cemetery may remove  any
     9  body interred in such cemetery to any other cemetery within the town, if
    10  the  owners  of  such  cemeteries  and  the  next of kin of the deceased
    11  consent to such removal. The owners of a private cemetery may remove the
    12  bodies interred therein to any other cemetery within such  town,  or  to
    13  any  cemetery  designated  by the next of kin of the deceased. Notice of
    14  such removal shall be given  within  twenty  days  before  such  removal
    15  personally  or  by  certified mail to the next of kin of the deceased if
    16  known and to the clerk and historian of the county in  which  such  real
    17  property  is  situated  and  notice shall be given to the New York state
    18  department of state, division of cemeteries. If any of the deceased  are
    19  known  to  be  veterans,  the  owners  shall  also notify the [division]
    20  department of veterans' services. In the absence of the next of kin, the
    21  county clerk, county historian or the [division] department of veterans'
    22  services may act as a guardian to ensure proper reburial.
    23    § 18. Subdivision 2 of section 3802  of  the  public  health  law,  as
    24  amended  by  section 23 of part AA of chapter 56 of the laws of 2019, is
    25  amended to read as follows:
    26    2. In the exercise of the foregoing powers and duties the commissioner
    27  shall consult with the [director] commissioner of the [division] depart-
    28  ment of veterans' services and the heads of state agencies charged  with
    29  responsibility for manpower and health resources.
    30    §  19.  Subdivision  3  of  section  3803 of the public health law, as
    31  amended by section 24 of part AA of chapter 56 of the laws of  2019,  is
    32  amended to read as follows:
    33    3.  In  exercising  any  of  his or her powers under this section, the
    34  commissioner shall consult with appropriate health  care  professionals,
    35  providers,  veterans  or organizations representing them, the [division]
    36  department of veterans' services, the United States department of veter-
    37  ans affairs and the United States defense department.
    38    § 20. Paragraph (j) of subdivision 3  of  section  20  of  the  social
    39  services  law,  as amended by section 32 of part AA of chapter 56 of the
    40  laws of 2019, is amended to read as follows:
    41    (j) to ensure the provision, on any form required to be  completed  at
    42  application  or  recertification  for the purpose of obtaining financial
    43  assistance pursuant to this chapter, the form shall contain a  check-off
    44  question asking whether the applicant or recipient or a member of his or
    45  her family served in the United States military, and an option to answer
    46  in  the  affirmative.  Where  the  applicant or recipient answers in the
    47  affirmative to such question, the office  of  temporary  and  disability
    48  assistance  shall  ensure  that contact information for the state [divi-
    49  sion] department of veterans' services is provided to such applicant  or
    50  recipient addition to any other materials provided.
    51    §  21.  Subdivisions 3 and 4 of section 95-f of the state finance law,
    52  as amended by section 15 of part AA of chapter 56 of the laws  of  2019,
    53  are amended to read as follows:
    54    3. Monies of the fund shall be expended for the provision of veterans'
    55  counseling  services provided by local veterans' service agencies pursu-
    56  ant to section [three hundred fifty-seven] fourteen of  the  [executive]

        S. 8006--C                         104                        A. 9006--C
 
     1  veterans'  services law under the direction of the [division] department
     2  of veterans' services.
     3    4.  To  the  extent  practicable,  the  [director] commissioner of the
     4  [division] department of veterans' services shall ensure that all monies
     5  received during a fiscal year are expended prior  to  the  end  of  that
     6  fiscal year.
     7    §  22.  The  opening paragraph of subdivision 2-a and subdivision 5 of
     8  section 97-mmmm of the state finance law, as amended by  section  16  of
     9  part  AA  of  chapter  56  of  the  laws of 2019, are amended to read as
    10  follows:
    11    On or before the first day  of  February  each  year,  the  [director]
    12  commissioner  of  the  New York state [division] department of veterans'
    13  services shall provide a written report to the  temporary  president  of
    14  the senate, speaker of the assembly, chair of the senate finance commit-
    15  tee, chair of the assembly ways and means committee, chair of the senate
    16  committee  on veterans, homeland security and military affairs, chair of
    17  the assembly veterans' affairs committee, the state comptroller and  the
    18  public.  Such  report  shall  include  how  the  monies of the fund were
    19  utilized during the preceding calendar year, and shall include:
    20    5. Moneys shall be payable from the fund on the audit and  warrant  of
    21  the  comptroller  on  vouchers  approved and certified by the [director]
    22  commissioner of the [division] department of veterans' services.
    23    § 23. The opening paragraph of subdivision 2-a and  subdivision  4  of
    24  section  99-v of the state finance law, as amended by section 17 of part
    25  AA of chapter 56 of the laws of 2019, are amended to read as follows:
    26    On or before the first day  of  February  each  year,  the  [director]
    27  commissioner  of  the  New York state [division] department of veterans'
    28  services shall provide a written report to the  temporary  president  of
    29  the senate, speaker of the assembly, chair of the senate finance commit-
    30  tee, chair of the assembly ways and means committee, chair of the senate
    31  committee  on veterans, homeland security and military affairs, chair of
    32  the assembly veterans' affairs committee, the state comptroller and  the
    33  public.  Such  report  shall  include  how  the  monies of the fund were
    34  utilized during the preceding calendar year, and shall include:
    35    4. Moneys of the fund shall be expended only for  the  assistance  and
    36  care  of homeless veterans, for housing and housing-related expenses, as
    37  determined by the [division] department of veterans' services.
    38    § 24. Subdivision 1 of section 20 of chapter 784 of the laws of  1951,
    39  constituting  the  New  York  state defense emergency act, as amended by
    40  section 38 of part AA of chapter 56 of the laws of 2019, is  amended  to
    41  read as follows:
    42    1.  There  is  hereby  continued in the division of military and naval
    43  affairs in the executive department a state civil defense commission  to
    44  consist  of the same members as the members of the disaster preparedness
    45  commission as established in article two-B  of  the  executive  law.  In
    46  addition,  the  superintendent of financial services, the chairperson of
    47  the workers' compensation board and the [director] commissioner  of  the
    48  [division] department of veterans' services shall be members. The gover-
    49  nor  shall  designate  one  of  the  members of the commission to be the
    50  chairperson thereof. The commission may provide for  its  division  into
    51  subcommittees  and  for action by such subcommittees with the same force
    52  and effect as action by the full commission. The members of the  commis-
    53  sion,  except  for  those  who  serve ex officio, shall be allowed their
    54  actual and necessary expenses  incurred  in  the  performance  of  their
    55  duties  under  this article but shall receive no additional compensation
    56  for services rendered pursuant to this article.

        S. 8006--C                         105                        A. 9006--C
 
     1    § 25. Paragraph 2 of subdivision b of section 31-102 of  the  adminis-
     2  trative  code  of the city of New York, as amended by section 39 of part
     3  AA of chapter 56 of the laws of 2019, is amended to read as follows:
     4    2.  links  to websites describing veteran employment services provided
     5  by the federal government and New York state government, including,  but
     6  not  limited  to, the websites of the United States department of labor,
     7  the New York state department of labor, the United States department  of
     8  veterans affairs, and the New York state [division] department of veter-
     9  ans' services; and
    10    §  26.  Subdivision a of section 3102 of the New York city charter, as
    11  amended by section 40 of part AA of chapter 56 of the laws of  2019,  is
    12  amended to read as follows:
    13    a.  Except  as  otherwise provided by law, the commissioner shall have
    14  such powers as provided by the  [director]  commissioner  of  the  state
    15  department  veterans' [service agency] services' and shall have the duty
    16  to inform military and naval authorities of the United States and assist
    17  members of the armed forces and veterans, who are residents of the city,
    18  and their families, in relation to: (1)  matters  pertaining  to  educa-
    19  tional  training  and  retraining  services  and facilities, (2) health,
    20  medical and rehabilitation service and  facilities,  (3)  provisions  of
    21  federal,  state  and local laws and regulations affording special rights
    22  and privileges to members of the armed forces  and  veterans  and  their
    23  families,  (4)  employment  and  re-employment  services,  and (5) other
    24  matters of similar, related  or  appropriate  nature.  The  commissioner
    25  shall  also  assist families of members of the reserve components of the
    26  armed forces and the organized  militia  ordered  into  active  duty  to
    27  ensure  that  they  are  made aware of and are receiving all appropriate
    28  support available to them. The department also shall perform such  other
    29  duties  as  may  be assigned by the state [director] commissioner of the
    30  [division] department of veterans' services.
    31    § 27. Subdivision 1 of section  143  of  the  state  finance  law,  as
    32  amended  by  chapter  96  of  the  laws  of  2019, is amended to read as
    33  follows:
    34    1. Notwithstanding  any  inconsistent  provision  of  any  general  or
    35  special law, the board, division, department, bureau, agency, officer or
    36  commission  of  the  state  charged with the duty of preparing plans and
    37  specifications for and awarding  or  entering  into  contracts  for  the
    38  performance  of  public  work  may require the payment of a fixed sum of
    39  money, not exceeding one hundred dollars, for each copy  of  such  plans
    40  and  specifications, by persons or corporations desiring a copy thereof.
    41  Any person or corporation desiring a copy of such plans  and  specifica-
    42  tions and making the deposit required by this section shall be furnished
    43  with one copy of the plans and specifications. Notwithstanding the fore-
    44  going,  where  payment  is  required  it shall be waived upon request by
    45  minority- and women-owned business  enterprises  certified  pursuant  to
    46  article  fifteen-A  of the executive law or by service-disabled veteran-
    47  owned business enterprises certified pursuant to  article  [seventeen-B]
    48  three  of  the [executive] veterans' services law. Such payment may also
    49  be waived when such plans and  specifications  are  made  available  and
    50  obtained  electronically  or in any non-paper form from the board, divi-
    51  sion, department, bureau, agency, officer or commission of the state.
    52    § 28. Paragraph j of subdivision 1  and  subdivisions  6  and  6-d  of
    53  section  163  of  the state finance law, paragraph j of subdivision 1 as
    54  amended by chapter 569 of the laws of 2015, subdivision 6 as amended  by
    55  chapter  257 of the laws of 2021 and subdivision 6-d as added by chapter
    56  96 of the laws of 2019, are amended to read as follows:

        S. 8006--C                         106                        A. 9006--C
 
     1    j. "Best value" means the basis for awarding contracts for services to
     2  the offerer which optimizes quality, cost and efficiency, among  respon-
     3  sive and responsible offerers. Such basis shall reflect, wherever possi-
     4  ble, objective and quantifiable analysis. Such basis may also identify a
     5  quantitative  factor  for  offerers that are small businesses, certified
     6  minority- or women-owned business enterprises as defined in subdivisions
     7  one, seven, fifteen and twenty of section three hundred ten of the exec-
     8  utive law or  service-disabled  veteran-owned  business  enterprises  as
     9  defined in subdivision one of section [three hundred sixty-nine-h] forty
    10  of  the  [executive]  veterans' services law to be used in evaluation of
    11  offers for awarding of contracts for services.
    12    6. Discretionary buying thresholds. Pursuant to guidelines established
    13  by the state procurement council: the commissioner may purchase services
    14  and commodities for the office of general services or its customer agen-
    15  cies serviced by the office of general services business services center
    16  in an amount not exceeding eighty-five thousand dollars without a formal
    17  competitive process; state agencies may purchase  services  and  commod-
    18  ities in an amount not exceeding fifty thousand dollars without a formal
    19  competitive  process;  and  state  agencies  may purchase commodities or
    20  services from small business concerns or  those  certified  pursuant  to
    21  [articles]  article fifteen-A [and seventeen-B] of the executive law and
    22  article three of the veterans' services law, or commodities or technolo-
    23  gy that are recycled or remanufactured in an amount not  exceeding  five
    24  hundred  thousand  dollars  without a formal competitive process and for
    25  commodities that are food, including  milk  and  milk  products,  grown,
    26  produced  or  harvested in New York state in an amount not to exceed two
    27  hundred thousand dollars, without a formal competitive process.
    28    6-d. Pursuant to the authority provided in  subdivision  six  of  this
    29  section,  state agencies shall report annually on a fiscal year basis by
    30  July first of the ensuing year to the director of the division of minor-
    31  ity and women-owned business development  the  total  number  and  total
    32  value  of  contracts awarded to businesses certified pursuant to article
    33  fifteen-A of the executive law, and with respect to contracts awarded to
    34  businesses certified pursuant to  article  [seventeen-B]  three  of  the
    35  [executive] veterans' services law such information shall be reported to
    36  the  division of service-disabled veteran-owned business enterprises for
    37  inclusion in their respective annual reports.
    38    § 29. Paragraph (f) of subdivision 5 of section 87 of the cannabis law
    39  is amended to read as follows:
    40    (f) "Service-disabled veterans" shall  mean  persons  qualified  under
    41  article [seventeen-B] three of the [executive] veterans' services law.
    42    §  30.  Subdivision  6  of section 224-d of the labor law, as added by
    43  section 2 of part AA of chapter 56 of the laws of 2021,  is  amended  to
    44  read as follows:
    45    6.  Each  owner  and  developer  subject  to  the requirements of this
    46  section shall comply with the objectives and goals of certified minority
    47  and women-owned business enterprises pursuant to  article  fifteen-A  of
    48  the  executive  law  and  certified service-disabled veteran-owned busi-
    49  nesses pursuant to article [seventeen-B] three of the [executive] veter-
    50  ans' services law. The department in consultation with  the  [directors]
    51  commissioner  of  the division of minority and women's business develop-
    52  ment and the director of  the  division  of  service-disabled  veterans'
    53  business  development  shall  make  training  and resources available to
    54  assist minority and women-owned business enterprises  and  service-disa-
    55  bled  veteran-owned  business  enterprises  on  covered renewable energy
    56  systems to achieve and maintain compliance with prevailing wage require-

        S. 8006--C                         107                        A. 9006--C
 
     1  ments. The department shall make such training and  resources  available
     2  online  and  shall  afford minority and women-owned business enterprises
     3  and service-disabled veteran-owned business enterprises  an  opportunity
     4  to submit comments on such training.
     5    §  31.  Subdivision 3 of section 103-a of the state technology law, as
     6  added by chapter 427 of the laws of 2017, is amended to read as follows:
     7    3. The director shall  conduct  an  outreach  campaign  informing  the
     8  public  of  the  iCenter and shall conduct specific outreach to minority
     9  and women-owned  business  enterprises  certified  pursuant  to  article
    10  fifteen-A of the executive law, small businesses as such term is defined
    11  in  section  one hundred thirty-one of the economic development law, and
    12  service disabled veteran owned business enterprises  certified  pursuant
    13  to article [seventeen-B] three of the [executive] veterans' services law
    14  to inform such businesses of iCenter initiatives.
    15    §  32. Section 831 of the county law, as amended by chapter 490 of the
    16  laws of 2019, is amended to read as follows:
    17    § 831. Soldier burial plots in Dutchess county. The legislature of the
    18  county of Dutchess may  authorize  the  purchase  of  burial  plots  and
    19  provide  for  marker settings and perpetual care and maintenance of such
    20  plots in one or more of the cemeteries of the  county  of  Dutchess  for
    21  deceased  veterans,  who,  at  the  time of death, were residents of the
    22  county of Dutchess and who (i) were discharged from the armed forces  of
    23  the  United States either honorably or under honorable circumstances, or
    24  (ii) had a qualifying condition, as defined in  section  [three  hundred
    25  fifty]  one  of  the  [executive] veterans' services law, and received a
    26  discharge other than bad  conduct  or  dishonorable,  or  (iii)  were  a
    27  discharged LGBT veteran, as defined in section [three hundred fifty] one
    28  of  the  [executive]  veterans'  services  law, and received a discharge
    29  other than bad conduct or dishonorable. The expense thereof shall  be  a
    30  county charge.
    31    § 33. Subdivision 6 of section 210 of the economic development law, as
    32  amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
    33  follows:
    34    6. "Veteran" shall mean a person who served in the United States army,
    35  navy, air force, marines, coast guard, and/or reserves  thereof,  and/or
    36  in  the  army  national guard, air national guard, New York guard and/or
    37  New York naval militia and who (a) has received an honorable or  general
    38  discharge  from  such  service,  or  (b)  has a qualifying condition, as
    39  defined in section [three hundred fifty] one of the [executive]   veter-
    40  ans'  services  law, and has received a discharge other than bad conduct
    41  or dishonorable from such service, or (c) is a discharged LGBT  veteran,
    42  as  defined  in  section  [three  hundred  fifty] one of the [executive]
    43  veterans' services law, and has received  a  discharge  other  than  bad
    44  conduct or dishonorable from such service.
    45    §  34.  Paragraph 1 of subdivision (a) of section 42 of the correction
    46  law, as amended by chapter 322 of the laws of 2021, is amended  to  read
    47  as follows:
    48    1.  There  shall  be  within  the  commission  a  citizen's policy and
    49  complaint review council.  It  shall  consist  of  nine  persons  to  be
    50  appointed  by  the  governor,  by and with the advice and consent of the
    51  senate. One person so appointed shall have served in the armed forces of
    52  the United States in any foreign war, conflict or  military  occupation,
    53  who  (i)  was  discharged therefrom under other than dishonorable condi-
    54  tions, or (ii) has a qualifying condition, as defined in section  [three
    55  hundred  fifty]  one  of the [executive] veterans' services law, and has
    56  received a discharge other than bad conduct or  dishonorable  from  such

        S. 8006--C                         108                        A. 9006--C
 
     1  service,  or  (iii)  is a discharged LGBT veteran, as defined in section
     2  [three hundred fifty] one of the [executive] veterans' services law, and
     3  has received a discharge other than bad  conduct  or  dishonorable  from
     4  such service, or shall be a duly licensed mental health professional who
     5  has  professional  experience  or training with regard to post-traumatic
     6  stress syndrome. One person so appointed shall be an  attorney  admitted
     7  to  practice  in  this  state. One person so appointed shall be a former
     8  incarcerated individual  of  a  correctional  facility.  One  person  so
     9  appointed  shall be a former correction officer. One person so appointed
    10  shall be a former resident of a division for youth secure  center  or  a
    11  health  care  professional  duly licensed to practice in this state. One
    12  person so appointed shall be a former employee of the office of children
    13  and family services who has directly supervised youth in a secure  resi-
    14  dential  center operated by such office. In addition, the governor shall
    15  designate one of the full-time members other than the  [chairman]  chair
    16  of the commission as [chairman] chair of the council to serve as such at
    17  the pleasure of the governor.
    18    §  35.  Paragraph  (b)  of  subdivision  5  of section 50 of the civil
    19  service law, as amended by chapter 490 of the laws of 2019,  is  amended
    20  to read as follows:
    21    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    22  sion, the state civil service department, subject to the approval of the
    23  director of the budget, a municipal commission, subject to the  approval
    24  of  the  governing  board or body of the city or county, as the case may
    25  be, or a regional commission or personnel officer, pursuant  to  govern-
    26  mental  agreement,  may  elect  to waive application fees, or to abolish
    27  fees for specific classes of  positions  or  types  of  examinations  or
    28  candidates,  or  to  establish  a  uniform  schedule  of reasonable fees
    29  different from those prescribed in paragraph (a)  of  this  subdivision,
    30  specifying  in  such schedule the classes of positions or types of exam-
    31  inations or candidates to which such fees shall apply; provided,  howev-
    32  er,  that  fees  shall be waived for candidates who certify to the state
    33  civil service department, a municipal commission or a  regional  commis-
    34  sion  that they are unemployed and primarily responsible for the support
    35  of a household, or are receiving public  assistance.  Provided  further,
    36  the state civil service department shall waive the state application fee
    37  for  examinations  for  original  appointment for all veterans. Notwith-
    38  standing any other provision of law, for purposes of this  section,  the
    39  term "veteran" shall mean a person who has served in the armed forces of
    40  the  United  States  or  the  reserves  thereof, or in the army national
    41  guard, air national guard, New York guard, or the New York  naval  mili-
    42  tia,  and  who  (1)  has been honorably discharged or released from such
    43  service under honorable conditions, or (2) has a  qualifying  condition,
    44  as  defined  in  section  [three  hundred  fifty] one of the [executive]
    45  veterans' services law, and has received  a  discharge  other  than  bad
    46  conduct  or  dishonorable from such service, or (3) is a discharged LGBT
    47  veteran, as defined in section [three hundred fifty] one of the  [execu-
    48  tive]  veterans'  services  law, and has received a discharge other than
    49  bad conduct or dishonorable from such service. The term  "armed  forces"
    50  shall mean the army, navy, air force, marine corps, and coast guard.
    51    §  36.  Paragraph  (b)  of  subdivision  1  of section 75 of the civil
    52  service law, as amended by chapter 490 of the laws of 2019,  is  amended
    53  to read as follows:
    54    (b) a person holding a position by permanent appointment or employment
    55  in  the  classified service of the state or in the several cities, coun-
    56  ties, towns, or villages thereof, or in any  other  political  or  civil

        S. 8006--C                         109                        A. 9006--C
 
     1  division  of  the  state  or  of a municipality, or in the public school
     2  service, or in any public or special district, or in the service of  any
     3  authority,  commission  or  board,  or  in  any  other  branch of public
     4  service,  who  was  honorably  discharged  or  released  under honorable
     5  circumstances from the armed forces of the United States  including  (i)
     6  having  a  qualifying  condition  as  defined  in section [three hundred
     7  fifty] one of the [executive] veterans' services law,  and  receiving  a
     8  discharge  other  than bad conduct or dishonorable from such service, or
     9  (ii) being a discharged LGBT  veteran,  as  defined  in  section  [three
    10  hundred  fifty]  one  of  the  [executive]  veterans'  services law, and
    11  receiving a discharge other than bad conduct or dishonorable  from  such
    12  service,  having served therein as such member in time of war as defined
    13  in section eighty-five of this chapter, or who is  an  exempt  volunteer
    14  firefighter  as  defined  in  the  general  municipal law, except when a
    15  person described in this paragraph holds the position of private  secre-
    16  tary, cashier or deputy of any official or department, or
    17    §  37.  Paragraph  (a)  of  subdivision  1  of section 85 of the civil
    18  service law, as amended by chapter 608 of the laws of 2021,  is  amended
    19  to read as follows:
    20    (a)  The  terms  "veteran" and "non-disabled veteran" mean a member of
    21  the armed forces of the United States who was  honorably  discharged  or
    22  released  under  honorable circumstances from such service including (i)
    23  having a qualifying condition  as  defined  in  section  [three  hundred
    24  fifty]  one  of  the [executive] veterans' services law, and receiving a
    25  discharge other than bad conduct or dishonorable from such  service,  or
    26  (ii)  being  a  discharged  LGBT  veteran,  as defined in section [three
    27  hundred fifty] one  of  the  [executive]  veterans'  services  law,  and
    28  receiving  a  discharge other than bad conduct or dishonorable from such
    29  service, who is a citizen of the United  States  or  an  alien  lawfully
    30  admitted for permanent residence in the United States and who is a resi-
    31  dent of the state of New York at the time of application for appointment
    32  or promotion or at the time of retention, as the case may be.
    33    §  38.  Section 86 of the civil service law, as amended by chapter 490
    34  of the laws of 2019, is amended to read as follows:
    35    § 86. Transfer of veterans or exempt volunteer firefighters upon abol-
    36  ition of positions. If the position in the  non-competitive  or  in  the
    37  labor class held by any honorably discharged veteran of the armed forces
    38  of the United States or by any veteran of the armed forces of the United
    39  States  released under honorable circumstances from such service includ-
    40  ing (i) having a qualifying  condition  as  defined  in  section  [three
    41  hundred  fifty]  one  of  the  [executive]  veterans'  services law, and
    42  receiving a discharge other than bad conduct or dishonorable  from  such
    43  service,  or (ii) being a discharged LGBT veteran, as defined in section
    44  [three hundred fifty] one of the [executive] veterans' services law, and
    45  receiving a discharge other than bad conduct or dishonorable  from  such
    46  service,  who served therein in time of war as defined in section eight-
    47  y-five of this chapter, or by an exempt volunteer firefighter as defined
    48  in the general municipal law, shall become unnecessary or  be  abolished
    49  for reasons of economy or otherwise, the honorably discharged veteran or
    50  exempt   volunteer  firefighter  holding  such  position  shall  not  be
    51  discharged from the public service but shall be transferred to a similar
    52  position wherein a vacancy exists, and shall receive  the  same  compen-
    53  sation  therein.  It is hereby made the duty of all persons clothed with
    54  the power of appointment to make such transfer effective. The  right  to
    55  transfer  herein  conferred  shall  continue  for  a  period of one year
    56  following the date of abolition of the position, and  may  be  exercised

        S. 8006--C                         110                        A. 9006--C
 
     1  only where a vacancy exists in an appropriate position to which transfer
     2  may  be  made at the time of demand for transfer. Where the positions of
     3  more than one such veteran or exempt volunteer firefighter are abolished
     4  and  a  lesser  number  of vacancies in similar positions exist to which
     5  transfer may be made, the  veterans  or  exempt  volunteer  firefighters
     6  whose  positions  are  abolished  shall  be entitled to transfer to such
     7  vacancies in the order of their original  appointment  in  the  service.
     8  Nothing  in  this section shall be construed to apply to the position of
     9  private secretary, cashier or deputy of any official or department. This
    10  section shall have no application  to  persons  encompassed  by  section
    11  eighty-a of this chapter.
    12    §  39. Section 13-b of the domestic relations law, as amended by chap-
    13  ter 306 of the laws of 2021, is amended to read as follows:
    14    § 13-b. Time within which marriage may be solemnized. A marriage shall
    15  not be solemnized within twenty-four hours after  the  issuance  of  the
    16  marriage  license, unless authorized by an order of a court of record as
    17  hereinafter provided, nor shall it be solemnized after sixty  days  from
    18  the  date  of  the  issuance  of  the marriage license unless authorized
    19  pursuant to section [three hundred fifty-four-d] ten of the  [executive]
    20  veterans'  services  law.  Every  license to marry hereafter issued by a
    21  town or city clerk, in addition to other requirements specified by  this
    22  chapter, must contain a statement of the day and the hour the license is
    23  issued  and  the  period during which the marriage may be solemnized. It
    24  shall be the duty of the clergyman or magistrate performing the marriage
    25  ceremony, or if the marriage is solemnized by written contract,  of  the
    26  judge  before  whom the contract is acknowledged, to annex to or endorse
    27  upon the marriage license the date and hour the marriage is  solemnized.
    28  A  judge  or  justice  of  the supreme court of this state or the county
    29  judge of the county in which either party to be married resides, or  the
    30  judge  of  the  family  court of such county, if it shall appear from an
    31  examination of the license and any other proofs submitted by the parties
    32  that one of the parties is in danger of imminent death, or by reason  of
    33  other  emergency  public interest will be promoted thereby, or that such
    34  delay will work irreparable injury or great hardship upon the  contract-
    35  ing  parties, or one of them, may, make an order authorizing the immedi-
    36  ate solemnization of the marriage and upon filing such  order  with  the
    37  clergyman  or  magistrate  performing  the  marriage ceremony, or if the
    38  marriage is to be solemnized by written contract, with the judge  before
    39  whom  the  contract  is  acknowledged,  such clergyman or magistrate may
    40  solemnize such marriage, or such judge may take such  acknowledgment  as
    41  the  case  may be, without waiting for such three day period and twenty-
    42  four hour period to elapse. The clergyman, magistrate or judge must file
    43  such order with the town or city clerk who  issued  the  license  within
    44  five days after the marriage is solemnized. Such town or city clerk must
    45  record and index the order in the book required to be kept by him or her
    46  for recording affidavits, statements, consents and licenses, and when so
    47  recorded  the  order  shall  become a public record and available in any
    48  prosecution under this section. A person who shall solemnize a  marriage
    49  in  violation  of this section shall be guilty of a misdemeanor and upon
    50  conviction thereof shall be punished by a fine of fifty dollars for each
    51  offense, and in addition thereto,  his  or  her  right  to  solemnize  a
    52  marriage shall be suspended for ninety days.
    53    §  40.  Paragraph  c  of subdivision 1 of section 360 of the education
    54  law, as amended by chapter 490 of the laws of 2019, is amended  to  read
    55  as follows:

        S. 8006--C                         111                        A. 9006--C
 
     1    c.  Adopt  and  enforce  campus rules and regulations not inconsistent
     2  with the vehicle and traffic law  relating  to  parking,  vehicular  and
     3  pedestrian  traffic,  and safety. Such rules and regulations may include
     4  provisions for the disposition of abandoned vehicles, removal by  towing
     5  or  otherwise  of  vehicles  parked  in  violation  of such rules at the
     6  expense of the owner, the payment of fees for the registration or  park-
     7  ing  of  such  vehicles, provided that such campus rules and regulations
     8  may provide that any veteran attending the state university as a student
     9  shall be exempt from any fees for parking or registering a  motor  vehi-
    10  cle, and the assessment of administrative fines upon the owner or opera-
    11  tor of such vehicles for each violation of the regulations.  However, no
    12  such fine may be imposed without a hearing or an opportunity to be heard
    13  conducted  by  an  officer or board designated by the board of trustees.
    14  Such fines, in the case of an officer or employee of  state  university,
    15  may  be  deducted  from  the salary or wages of such officer or employee
    16  found in violation of such regulations, or in the case of a  student  of
    17  state  university found in violation of such regulations, the university
    18  may withhold his or her grades and transcripts until such  time  as  any
    19  fine is paid. For purposes of this subdivision, the term "veteran" shall
    20  mean  a  member  of  the armed forces of the United States who served in
    21  such armed forces in time of war and who (i) was honorably discharged or
    22  released under honorable circumstances from such service, or (ii) has  a
    23  qualifying condition, as defined in section [three hundred fifty] one of
    24  the  [executive]  veterans'  services  law, and has received a discharge
    25  other than bad conduct or dishonorable from such service, or (iii) is  a
    26  discharged LGBT veteran, as defined in section [three hundred fifty] one
    27  of  the [executive] veterans' services law, and has received a discharge
    28  other than bad conduct or dishonorable from such service.
    29    § 41. The opening paragraph of subdivision 6, subdivision 7, paragraph
    30  c of subdivision 9, and paragraphs a of  subdivisions  10  and  10-a  of
    31  section  503 of the education law, as amended by chapter 490 of the laws
    32  of 2019, are amended to read as follows:
    33    Credit for service in war after world war I, which shall mean military
    34  service during the period commencing the first  day  of  July,  nineteen
    35  hundred  forty,  and  terminating  the  thirtieth  day of June, nineteen
    36  hundred forty-seven, or during the period commencing the  twenty-seventh
    37  day  of  June,  nineteen hundred fifty, and terminating the thirty-first
    38  day of January, nineteen hundred fifty-five, or during both  such  peri-
    39  ods, as a member of the armed forces of the United States, of any person
    40  who  (i)  has  been  honorably  discharged  or  released under honorable
    41  circumstances from such service, or (ii) has a qualifying condition,  as
    42  defined  in  section [three hundred fifty] one of the [executive] veter-
    43  ans' services law, and has received a discharge other than  bad  conduct
    44  or  dishonorable from such service, or (iii) is a discharged LGBT veter-
    45  an, as defined in section [three hundred fifty] one of  the  [executive]
    46  veterans'  services  law,  and  has  received a discharge other than bad
    47  conduct or dishonorable from such service, or service  by  one  who  was
    48  employed  by the War Shipping Administration or Office of Defense Trans-
    49  portation or their agents as a merchant seaman documented by the  United
    50  States  Coast  Guard  or  Department  of Commerce, or as a civil servant
    51  employed by the United States Army Transport Service (later redesignated
    52  as the United States Army Transportation Corps, Water Division)  or  the
    53  Naval  Transportation  Service;  and who served satisfactorily as a crew
    54  member during the period of armed conflict, December  seventh,  nineteen
    55  hundred  forty-one,  to  August  fifteenth, nineteen hundred forty-five,
    56  aboard merchant vessels in oceangoing, i.e., foreign,  intercoastal,  or

        S. 8006--C                         112                        A. 9006--C
 
     1  coastwise  service  as such terms are defined under federal law (46 USCA
     2  10301 & 10501) and further to include "near foreign" voyages between the
     3  United States and Canada, Mexico, or the West Indies via  ocean  routes,
     4  or  public  vessels  in oceangoing service or foreign waters and who has
     5  received a Certificate of Release or Discharge from Active  Duty  and  a
     6  discharge  certificate,  or  an  Honorable Service Certificate/Report of
     7  Casualty, from the Department of Defense  or  who  served  as  a  United
     8  States  civilian employed by the American Field Service and served over-
     9  seas under United States Armies and United States Army Groups  in  world
    10  war  II  during the period of armed conflict, December seventh, nineteen
    11  hundred forty-one through May eighth, nineteen hundred  forty-five,  and
    12  (iv)  who  was  discharged  or released therefrom under honorable condi-
    13  tions, or (v) has a qualifying condition, as defined in  section  [three
    14  hundred  fifty]  one  of the [executive] veterans' services law, and has
    15  received a discharge other than bad conduct or  dishonorable  from  such
    16  service,  or  (vi)  is  a discharged LGBT veteran, as defined in section
    17  [three hundred fifty] one of the [executive] veterans' services law, and
    18  has received a discharge other than bad  conduct  or  dishonorable  from
    19  such  service, or who served as a United States civilian Flight Crew and
    20  Aviation Ground Support Employee of Pan American World Airways or one of
    21  its subsidiaries or its affiliates and served overseas as  a  result  of
    22  Pan  American's  contract with Air Transport Command or Naval Air Trans-
    23  port Service during the period of armed conflict,  December  fourteenth,
    24  nineteen  hundred  forty-one through August fourteenth, nineteen hundred
    25  forty-five, and who (vii) was discharged  or  released  therefrom  under
    26  honorable  conditions,  or (viii) has a qualifying condition, as defined
    27  in section [three  hundred  fifty]  one  of  the  [executive]  veterans'
    28  services  law,  and  has  received a discharge other than bad conduct or
    29  dishonorable from such service, or (ix) is a discharged LGBT veteran, as
    30  defined in section [three hundred fifty] one of the  [executive]  veter-
    31  ans'  services  law, and has received a discharge other than bad conduct
    32  or dishonorable from such service, and who was a teacher in  the  public
    33  schools  of this state at the time of his or her entrance into the armed
    34  forces of the United States, provided no compensation was received under
    35  the provisions of section two hundred forty-two of the military law, and
    36  who returned to public school teaching following discharge or completion
    37  of advanced education provided under servicemen's  readjustment  act  of
    38  nineteen  hundred forty-four, or who following such discharge or release
    39  entered into a service which  would  qualify  him  or  her  pursuant  to
    40  section  forty-three of the retirement and social security law to trans-
    41  fer his or her membership in the New  York  state  teachers'  retirement
    42  system,  shall  be  provided  as  follows, any provisions of section two
    43  hundred forty-three of the military law to the contrary notwithstanding.
    44    7. A teacher, who was a member of the New York state teachers  retire-
    45  ment  system but who withdrew his or her accumulated contributions imme-
    46  diately prior to his or her entry into, or during his or her service  in
    47  the  armed forces of the United States in war after World War I, who (i)
    48  has been honorably discharged or released from service, or  (ii)  has  a
    49  qualifying condition, as defined in section [three hundred fifty] one of
    50  the  [executive]  veterans'  services  law, and has received a discharge
    51  other than bad conduct or dishonorable from such service, or (iii) is  a
    52  discharged LGBT veteran, as defined in section [three hundred fifty] one
    53  of  the [executive] veterans' services law, and has received a discharge
    54  other than bad conduct or dishonorable from such  service,  provided  no
    55  compensation  was  received  under the provisions of section two hundred
    56  forty-two of the military law, and who returned to public school  teach-

        S. 8006--C                         113                        A. 9006--C
 
     1  ing  in  the  state  of New York following such discharge or release, or
     2  following completion of advanced education provided  under  servicemen's
     3  readjustment  act  of  nineteen  hundred  forty-four,  any provisions of
     4  section  two  hundred  forty-three  of  the military law to the contrary
     5  notwithstanding, will be entitled to credit for  service  in  war  after
     6  World  War I, cost free, provided, however, that such credit will not be
     7  allowed until he or she claims and pays for all prior  teaching  service
     8  credited  to him or her at the time of his or her termination of member-
     9  ship in the New York state  teachers  retirement  system,  and  provided
    10  further  that  claim  for such service in war after World War I shall be
    11  filed by the member with the retirement board before the  first  day  of
    12  July, nineteen hundred sixty-eight.
    13    c.  (i)  has  been  honorably  discharged  or released under honorable
    14  circumstances from such service, or (ii) has a qualifying condition,  as
    15  defined  in  section [three hundred fifty] one of the [executive] veter-
    16  ans' services law, and has received a discharge other than  bad  conduct
    17  or  dishonorable from such service, or (iii) is a discharged LGBT veter-
    18  an, as defined in section [three hundred fifty] one of  the  [executive]
    19  veterans'  services  law,  and  has  received a discharge other than bad
    20  conduct or dishonorable from such service, and
    21    a. In addition to credit for military service pursuant to section  two
    22  hundred  forty-three  of  the  military law and subdivisions six through
    23  nine of this section, a member employed as a  full-time  teacher  by  an
    24  employer  as defined in subdivision three of section five hundred one of
    25  this article and who joined the retirement system prior to  July  first,
    26  nineteen  hundred  seventy-three, may obtain credit for military service
    27  not in excess of three years and not otherwise creditable under  section
    28  two hundred forty-three of the military law and subdivisions six through
    29  nine of this section, rendered on active duty in the armed forces of the
    30  United  States during the period commencing July first, nineteen hundred
    31  forty, and terminating December thirty-first,  nineteen  hundred  forty-
    32  six,  or on service by one who was employed by the War Shipping Adminis-
    33  tration or Office  of  Defense  Transportation  or  their  agents  as  a
    34  merchant  seaman  documented by the United States Coast Guard or Depart-
    35  ment of Commerce, or as a civil servant employed by  the  United  States
    36  Army  Transport  Service  (later  redesignated as the United States Army
    37  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    38  Service; and who served satisfactorily as a crew member during the peri-
    39  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    40  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    41  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    42  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    43  to include "near foreign" voyages between the United States and  Canada,
    44  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    45  going  service  or  foreign waters and who has received a Certificate of
    46  Release or Discharge from Active Duty and a discharge certificate, or an
    47  Honorable Service Certificate/Report of Casualty, from the Department of
    48  Defense or on service by one who served  as  a  United  States  civilian
    49  employed  by the American Field Service and served overseas under United
    50  States Armies and United States Army Groups in world war II  during  the
    51  period  of  armed conflict, December seventh, nineteen hundred forty-one
    52  through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
    53  discharged or released therefrom under honorable conditions, or (ii) has
    54  a  qualifying condition, as defined in section [three hundred fifty] one
    55  of the [executive] veterans' services law, and has received a  discharge
    56  other  than bad conduct or dishonorable from such service, or (iii) is a

        S. 8006--C                         114                        A. 9006--C
 
     1  discharged LGBT veteran, as defined in section [three hundred fifty] one
     2  of the [executive] veterans' services law, and has received a  discharge
     3  other  than bad conduct or dishonorable from such service, or on service
     4  by  one  who served as a United States civilian Flight Crew and Aviation
     5  Ground Support Employee of Pan American World  Airways  or  one  of  its
     6  subsidiaries  or  its  affiliates and served overseas as a result of Pan
     7  American's contract with Air Transport Command or  Naval  Air  Transport
     8  Service  during the period of armed conflict, December fourteenth, nine-
     9  teen hundred  forty-one  through  August  fourteenth,  nineteen  hundred
    10  forty-five,  and  who  (iv)  was  discharged or released therefrom under
    11  honorable conditions, or (v) has a qualifying condition, as  defined  in
    12  section  [three hundred fifty] one of the [executive] veterans' services
    13  law, and has received a discharge other than bad conduct or dishonorable
    14  from such service, or (vi) is a discharged LGBT veteran, as  defined  in
    15  section  [three hundred fifty] one of the [executive] veterans' services
    16  law, and has received a discharge other than bad conduct or dishonorable
    17  from such service, by a person who was a resident of New York  state  at
    18  the  time of entry into such service and at the time of being discharged
    19  therefrom under honorable circumstances,  and  who  makes  the  payments
    20  required in accordance with the provisions of this subdivision.
    21    a.  In addition to credit for military service pursuant to section two
    22  hundred forty-three of the military law  and  subdivisions  six  through
    23  nine of this section, a member who joined the retirement system prior to
    24  July first, nineteen hundred seventy-three, and who was not eligible for
    25  credit  for  military service under subdivision ten of this section as a
    26  result of being on a leave of absence without pay between  July  twenti-
    27  eth,  nineteen  hundred  seventy-six  and  October  fifteenth,  nineteen
    28  hundred seventy-seven or on leave of absence with  less  than  full  pay
    29  between   July  twentieth,  nineteen  hundred  seventy-six  and  October
    30  fifteenth, nineteen hundred seventy-seven, may obtain credit  for  mili-
    31  tary  service  not in excess of three years and not otherwise creditable
    32  under section two hundred forty-three of the military law  and  subdivi-
    33  sions  six  through nine of this section, rendered on active duty in the
    34  armed forces of the United States  during  the  period  commencing  July
    35  first,  nineteen  hundred  forty, and terminating December thirty-first,
    36  nineteen hundred forty-six, or on service by one who was employed by the
    37  War Shipping Administration or Office of Defense Transportation or their
    38  agents as a merchant seaman documented by the United States Coast  Guard
    39  or  Department of Commerce, or as a civil servant employed by the United
    40  States Army Transport Service (later redesignated as the  United  States
    41  Army  Transportation  Corps, Water Division) or the Naval Transportation
    42  Service; and who served satisfactorily as a crew member during the peri-
    43  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
    44  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
    45  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    46  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    47  to  include "near foreign" voyages between the United States and Canada,
    48  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    49  going service or foreign waters and who has received  a  Certificate  of
    50  Release or Discharge from Active Duty and a discharge certificate, or an
    51  Honorable Service Certificate/Report of Casualty, from the Department of
    52  Defense,  or  on  service  by one who served as a United States civilian
    53  employed by the American Field Service and served overseas under  United
    54  States  Armies  and United States Army Groups in world war II during the
    55  period of armed conflict, December seventh, nineteen  hundred  forty-one
    56  through  May  eighth,  nineteen  hundred  forty-five,  and  who  (i) was

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     1  discharged or released therefrom under honorable conditions, or (ii) has
     2  a qualifying condition, as defined in section [three hundred fifty]  one
     3  of  the [executive] veterans' services law, and has received a discharge
     4  other  than bad conduct or dishonorable from such service, or (iii) is a
     5  discharged LGBT veteran, as defined in section [three hundred fifty] one
     6  of the [executive] veterans' services law, and has received a  discharge
     7  other  than bad conduct or dishonorable from such service, or on service
     8  by one who served as a United States civilian Flight Crew  and  Aviation
     9  Ground  Support  Employee  of  Pan  American World Airways or one of its
    10  subsidiaries or its affiliates and served overseas as a  result  of  Pan
    11  American's  contract  with  Air Transport Command or Naval Air Transport
    12  Service during the period of armed conflict, December fourteenth,  nine-
    13  teen  hundred  forty-one  through  August  fourteenth,  nineteen hundred
    14  forty-five, and who (iv) was  discharged  or  released  therefrom  under
    15  honorable  conditions,  or (v) has a qualifying condition, as defined in
    16  section [three hundred fifty] one of the [executive] veterans'  services
    17  law, and has received a discharge other than bad conduct or dishonorable
    18  from  such  service, or (vi) is a discharged LGBT veteran, as defined in
    19  section [three hundred fifty] one of the [executive] veterans'  services
    20  law, and has received a discharge other than bad conduct or dishonorable
    21  from  such  service, by a person who was a resident of New York state at
    22  the time of entry into such service and at the time of being  discharged
    23  therefrom  under  honorable  circumstances,  and  who makes the payments
    24  required in accordance with the provisions of this subdivision.
    25    § 42. Subdivision 5 of section 605 of the education law, as amended by
    26  chapter 490 of the laws of 2019, is amended to read as follows:
    27    5. Regents scholarships for war veterans. Regents scholarships for war
    28  veterans shall be awarded on a competitive basis,  for  study  beginning
    29  with  the  college  year nineteen hundred seventy-five--nineteen hundred
    30  seventy-six. Six hundred such scholarships shall be awarded in such year
    31  to veterans of the armed forces of the United States who have served  on
    32  active  duty  (other  than  for  training) between October one, nineteen
    33  hundred sixty-one and March twenty-nine, nineteen hundred seventy-three,
    34  and who on the date by which applications are required to  be  submitted
    35  (a)  have  been  released  from such active duty on conditions not other
    36  than honorable, or (b)  have  a  qualifying  condition,  as  defined  in
    37  section  [three hundred fifty] one of the [executive] veterans' services
    38  law, and have received a discharge other than bad conduct  or  dishonor-
    39  able  from such service, or (c) are discharged LGBT veterans, as defined
    40  in section [three  hundred  fifty]  one  of  the  [executive]  veterans'
    41  services  law,  and  have received a discharge other than bad conduct or
    42  dishonorable from such service. Such scholarships shall be allocated  to
    43  each  county  in  the  state  in the same ratio that the number of legal
    44  residents in such county, as  determined  by  the  most  recent  federal
    45  census,  bears  to the total number of residents in the state; provided,
    46  however, that no county shall be allocated fewer scholarships than  such
    47  county  received  during  the  year nineteen hundred sixty-eight--sixty-
    48  nine.
    49    § 43. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of
    50  the education law, as amended by chapter 490 of the  laws  of  2019,  is
    51  amended to read as follows:
    52    (3) The applicant was enlisted in full time active military service in
    53  the  armed  forces  of  the  United  States  and  (i) has been honorably
    54  discharged from such service, or (ii) has  a  qualifying  condition,  as
    55  defined  in  section [three hundred fifty] one of the [executive] veter-
    56  ans' services law, and has received a discharge other than  bad  conduct

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     1  or  dishonorable from such service, or (iii) is a discharged LGBT veter-
     2  an, as defined in section [three hundred fifty] one of  the  [executive]
     3  veterans'  services  law,  and  has  received a discharge other than bad
     4  conduct  or dishonorable from such service, and, provided, however, that
     5  the applicant has not and will not be claimed as a dependent  by  either
     6  parent for purposes of either federal or state income tax.
     7    §  44.  Paragraphs  (b)  of subdivisions 1 and 2 of section 668 of the
     8  education law, as amended by chapter  490  of  the  laws  of  2019,  are
     9  amended to read as follows:
    10    (b) December seven, nineteen hundred forty-one to December thirty-one,
    11  nineteen  hundred  forty-six,  or have been employed by the War Shipping
    12  Administration or Office of Defense Transportation or their agents as  a
    13  merchant  seaman  documented by the United States Coast Guard or Depart-
    14  ment of Commerce, or as a civil servant employed by  the  United  States
    15  Army  Transport  Service  (later  redesignated as the United States Army
    16  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    17  Service; and who served satisfactorily as a crew member during the peri-
    18  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    19  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    20  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    21  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    22  to include "near foreign" voyages between the United States and  Canada,
    23  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    24  going  service  or  foreign waters and who has received a Certificate of
    25  Release or Discharge from Active Duty and a discharge certificate, or an
    26  Honorable Service Certificate/Report of Casualty, from the Department of
    27  Defense or have served as a United States civilian employed by the Amer-
    28  ican Field Service and served overseas under United  States  Armies  and
    29  United  States  Army  Groups  in world war II during the period of armed
    30  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    31  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
    32  released therefrom under honorable conditions, or (ii) has a  qualifying
    33  condition, as defined in section [three hundred fifty] one of the [exec-
    34  utive]  veterans'  services law, and has received a discharge other than
    35  bad conduct or dishonorable from such service, or (iii) is a  discharged
    36  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    37  [executive] veterans' services law, and has received a  discharge  other
    38  than  bad conduct or dishonorable from such service, or have served as a
    39  United States civilian Flight Crew and Aviation Ground Support  Employee
    40  of  Pan  American World Airways or one of its subsidiaries or its affil-
    41  iates and served overseas as a result of Pan  American's  contract  with
    42  Air  Transport  Command or Naval Air Transport Service during the period
    43  of armed  conflict,  December  fourteenth,  nineteen  hundred  forty-one
    44  through August fourteenth, nineteen hundred forty-five, and who (iv) was
    45  discharged  or released therefrom under honorable conditions, or (v) has
    46  a qualifying condition, as defined in section [three hundred fifty]  one
    47  of  the [executive] veterans' services law, and has received a discharge
    48  other than bad conduct or dishonorable from such service, or (vi)  is  a
    49  discharged LGBT veteran, as defined in section [three hundred fifty] one
    50  of  the [executive] veterans' services law, and has received a discharge
    51  other than bad conduct or dishonorable from such service.
    52    (b) (i) is an honorably discharged veteran of  the  United  States  or
    53  member  of the armed forces of the United States, or (ii) has a qualify-
    54  ing condition, as defined in section [three hundred fifty]  one  of  the
    55  [executive]  veterans'  services law, and has received a discharge other
    56  than bad conduct or dishonorable  from  such  service,  or  (iii)  is  a

        S. 8006--C                         117                        A. 9006--C

     1  discharged LGBT veteran, as defined in section [three hundred fifty] one
     2  of  the [executive] veterans' services law, and has received a discharge
     3  other than bad conduct or dishonorable from such service, who is a resi-
     4  dent of the state of New York, and who has a current disability of forty
     5  percent or more as a result of an injury or illness which is incurred or
     6  was incurred during such military service; or
     7    §  45. Subdivision 1 of section 668-c of the education law, as amended
     8  by chapter 606 of the laws of 2021, is amended to read as follows:
     9    1. Eligible students. Awards shall be made to Vietnam veterans'  resi-
    10  dent  children born with Spina Bifida enrolled in approved undergraduate
    11  or graduate programs at degree granting institutions. For the purpose of
    12  this section, "Vietnam veteran" shall mean a person who served in  Indo-
    13  china  at  any  time  from  the  first day of November, nineteen hundred
    14  fifty-five, to and including the seventh day of  May,  nineteen  hundred
    15  seventy-five  and  (a) was honorably discharged from the armed forces of
    16  the United States, or (b) has a  qualifying  condition,  as  defined  in
    17  section  [three hundred fifty] one of the [executive] veterans' services
    18  law, and has received a discharge other than bad conduct or dishonorable
    19  from the armed forces of the United States, or (c) is a discharged  LGBT
    20  veteran,  as defined in section [three hundred fifty] one of the [execu-
    21  tive] veterans' services law, and has received a  discharge  other  than
    22  bad  conduct or dishonorable from the armed forces of the United States;
    23  "born with Spina Bifida" shall mean a diagnosis at birth of such disease
    24  inclusive of all forms,  manifestations,  complications  and  associated
    25  medical  conditions thereof, but shall not include Spina Bifida Occulta.
    26  Such diagnosis shall be in accordance with the provisions of the federal
    27  Spina Bifida program and shall be documented by the United States Admin-
    28  istration of Veterans' Affairs.
    29    § 46. Paragraphs a, b, c and d of subdivision 1 of  section  669-a  of
    30  the  education law, paragraph a as amended by chapter 606 of the laws of
    31  2021 and paragraphs b, c and d as amended by chapter 490 of the laws  of
    32  2019, are amended to read as follows:
    33    a.  "Vietnam  veteran"  means  (i)  a person who is a resident of this
    34  state, (ii) who served in the armed forces of the United States in Indo-
    35  china at any time from the  first  day  of  November,  nineteen  hundred
    36  fifty-five,  to  and  including the seventh day of May, nineteen hundred
    37  seventy-five, and (iii) who was either discharged therefrom under honor-
    38  able conditions, including  but  not  limited  to  honorable  discharge,
    39  discharge  under  honorable  conditions,  or general discharge, or has a
    40  qualifying condition, as defined in section [three hundred fifty] one of
    41  the [executive] veterans' services law, and  has  received  a  discharge
    42  other  than  bad  conduct  or  dishonorable  from  such service, or is a
    43  discharged LGBT veteran, as defined in section [three hundred fifty] one
    44  of the [executive] veterans' services law, and has received a  discharge
    45  other than bad conduct or dishonorable from such service.
    46    b. "Persian Gulf veteran" means (i) a person who is a resident of this
    47  state[,] (ii) who served in the armed forces of the United States in the
    48  hostilities  that  occurred  in  the Persian Gulf from the second day of
    49  August, nineteen hundred ninety through the end of such hostilities, and
    50  (iii) who was either discharged therefrom  under  honorable  conditions,
    51  including but not limited to honorable discharge, discharge under honor-
    52  able conditions, or general discharge, or has a qualifying condition, as
    53  defined  in  section [three hundred fifty] one of the [executive] veter-
    54  ans' services law, and has received a discharge other than  bad  conduct
    55  or  dishonorable  from such service, or is a discharged LGBT veteran, as
    56  defined in section [three hundred fifty] one of the  [executive]  veter-

        S. 8006--C                         118                        A. 9006--C
 
     1  ans'  services  law, and has received a discharge other than bad conduct
     2  or dishonorable from such service.
     3    c.  "Afghanistan veteran" means (i) a person who is a resident of this
     4  state[,] (ii) who served in the armed forces of the United States in the
     5  hostilities that occurred  in  Afghanistan  from  the  eleventh  day  of
     6  September,  two  thousand one, to the end of such hostilities, and (iii)
     7  who was either discharged therefrom under honorable conditions,  includ-
     8  ing  but  not  limited to honorable discharge, discharge under honorable
     9  conditions, or general discharge, or  has  a  qualifying  condition,  as
    10  defined  in  section [three hundred fifty] one of the [executive] veter-
    11  ans' services law, and has received a discharge other than  bad  conduct
    12  or  dishonorable  from such service, or is a discharged LGBT veteran, as
    13  defined in section [three hundred fifty] one of the  [executive]  veter-
    14  ans'  services  law, and has received a discharge other than bad conduct
    15  or dishonorable from such service.
    16    d. "Other eligible combat veteran" means: an individual who (i)  is  a
    17  resident  of  this  state, (ii) served in the armed forces of the United
    18  States in hostilities that occurred after February twenty-eighth,  nine-
    19  teen hundred sixty-one, as evidenced by their receipt of an Armed Forces
    20  Expeditionary  Medal,  Navy Expeditionary Medal, or Marine Corps Expedi-
    21  tionary Medal, and (iii) was either discharged  under  honorable  condi-
    22  tions, including but not limited to honorable discharge, discharge under
    23  honorable  conditions,  or general discharge, or has a qualifying condi-
    24  tion, as defined in section [three hundred fifty] one of the [executive]
    25  veterans' services law, and has received  a  discharge  other  than  bad
    26  conduct  or  dishonorable  from  such  service,  or is a discharged LGBT
    27  veteran, as defined in section [three hundred fifty] one of the  [execu-
    28  tive]  veterans'  services  law, and has received a discharge other than
    29  bad conduct or dishonorable from such service.
    30    § 47. Subdivision 1 of section 3202 of the education law,  as  amended
    31  by chapter 490 of the laws of 2019, is amended to read as follows:
    32    1.  A  person  over five and under twenty-one years of age who has not
    33  received a high school diploma is entitled to attend the public  schools
    34  maintained  in  the  district  in  which such person resides without the
    35  payment of tuition. Provided further that such person  may  continue  to
    36  attend  the public school in such district in the same manner, if tempo-
    37  rarily residing outside the boundaries of the district  when  relocation
    38  to  such temporary residence is a consequence of such person's parent or
    39  person in parental relationship being called to  active  military  duty,
    40  other  than  training. Notwithstanding any other provision of law to the
    41  contrary, the school district shall not be required to provide transpor-
    42  tation between a temporary  residence  located  outside  of  the  school
    43  district  and  the  school  the  child attends. A veteran of any age who
    44  shall have served as a member of the armed forces of the  United  States
    45  and  who (a) shall have been discharged therefrom under conditions other
    46  than dishonorable, or (b) has a  qualifying  condition,  as  defined  in
    47  section  [three hundred fifty] one of the [executive] veterans' services
    48  law, and has received a discharge other than bad conduct or dishonorable
    49  from such service, or (c) is a discharged LGBT veteran,  as  defined  in
    50  section  [three hundred fifty] one of the [executive] veterans' services
    51  law, and has received a discharge other than bad conduct or dishonorable
    52  from such service, may attend any of the public  schools  of  the  state
    53  upon  conditions prescribed by the board of education, and such veterans
    54  shall be included in the pupil count for state aid purposes. A nonveter-
    55  an under twenty-one years of age who has received a high school  diploma
    56  shall  be  permitted to attend classes in the schools of the district in

        S. 8006--C                         119                        A. 9006--C
 
     1  which such person resides or in a  school  of  a  board  of  cooperative
     2  educational services upon payment of tuition under such terms and condi-
     3  tions  as shall be established in regulations promulgated by the commis-
     4  sioner;  provided, however, that a school district may waive the payment
     5  of tuition for such nonveteran, but in any case such  a  nonveteran  who
     6  has  received  a  high school diploma shall not be counted for any state
     7  aid purposes. Nothing herein contained shall, however, require  a  board
     8  of  education  to  admit a child who becomes five years of age after the
     9  school year has commenced unless his or her birthday occurs on or before
    10  the first of December.
    11    § 48. Clause (h) of subparagraph 3 of paragraph b of subdivision 1  of
    12  section 4402 of the education law, as amended by chapter 652 of the laws
    13  of 2007, is amended to read as follows:
    14    (h) Provide the form developed pursuant to subdivision [fifteen] twen-
    15  ty-two  of  section  [three hundred fifty-three] four of the [executive]
    16  veterans' services law to the parent or person in parental relation of a
    17  child designated by the committee  as  either  disabled  or  emotionally
    18  disturbed.
    19    §  49. Subdivision 15 of section 1-104 of the election law, as amended
    20  by chapter 490 of the laws of 2019, is amended to read as follows:
    21    15. The term "veterans'  hospital"  means  any  sanitarium,  hospital,
    22  soldiers'  and  sailors'  home,  United  States Veterans' Administration
    23  Hospital, or other home or institution,  which  is  used,  operated  and
    24  conducted exclusively for the care, maintenance and treatment of persons
    25  serving  in  the  military or naval service or coast guard of the United
    26  States or the state of New York,  or  persons  who  (a)  were  honorably
    27  discharged  from  such  service,  or (b) have a qualifying condition, as
    28  defined in section [three hundred fifty] one of the  [executive]  veter-
    29  ans'  services law, and have received a discharge other than bad conduct
    30  or dishonorable from such service, or (c) are a discharged LGBT veteran,
    31  as defined in section [three  hundred  fifty]  one  of  the  [executive]
    32  veterans'  services  law,  and  have received a discharge other than bad
    33  conduct or dishonorable from such service.
    34    § 50. Subdivision 4 of section 5-210 of the election law,  as  amended
    35  by chapter 490 of the laws of 2019, is amended to read as follows:
    36    4.  Any  qualified  person  who has been honorably discharged from the
    37  military after the twenty-fifth day before a general  election,  or  who
    38  has  a qualifying condition, as defined in section [three hundred fifty]
    39  one of the [executive]  veterans'  services  law,  and  has  received  a
    40  discharge other than bad conduct or dishonorable from the military after
    41  the  twenty-fifth  day before a general election, or who is a discharged
    42  LGBT veteran, as defined in section [three hundred  fifty]  one  of  the
    43  [executive]  veterans'  services law, and has received a discharge other
    44  than bad conduct or dishonorable from the  military  after  the  twenty-
    45  fifth  day  before  a  general election, or who has become a naturalized
    46  citizen after  the  twenty-fifth  day  before  a  general  election  may
    47  personally  register  at  the board of elections in the county of his or
    48  her residence and vote in the general election held at  least  ten  days
    49  after such registration.
    50    § 51. Subdivision 16 of section 11-0305 of the environmental conserva-
    51  tion  law,  as amended by chapter 103 of the laws of 2012, is amended to
    52  read as follows:
    53    16. Notwithstanding any inconsistent provision of  law,  to  authorize
    54  free  sport  fishing clinics. A free sport fishing clinic shall include,
    55  but not be limited to, instruction provided by employees of the  depart-
    56  ment or its designee in recreational angling, including its benefits and

        S. 8006--C                         120                        A. 9006--C
 
     1  values,  and may also include instruction and other information relevant
     2  to an understanding of fisheries management, ethics and aquatic  ecology
     3  and  habitat.  No license or recreational marine fishing registration is
     4  required to take fish by angling while participating in a fishing clinic
     5  conducted  by the department or its designee that has been designated by
     6  the commissioner as a free sport fishing clinic. Such clinics  shall  be
     7  implemented  consistent with department standards and in a manner deter-
     8  mined by the department to best provide public  notice  thereof  and  to
     9  maximize public participation therein, so as to promote the recreational
    10  opportunities  afforded  by sport fishing. Further, the commissioner may
    11  designate additional fishing events  organized  through  the  department
    12  that  provide  physical  or  emotional  rehabilitation  for veterans, as
    13  defined in subdivision three of section [three hundred fifty] one of the
    14  [executive] veterans' services law, or active duty members of the  armed
    15  forces   of  the  United  States[,  as  defined  in  10  U.S.C.  section
    16  101(d)(1)]. No license or recreational marine fishing registration shall
    17  be required for such veterans or active duty members  to  take  fish  by
    18  angling while participating in these events.
    19    §  52. Subdivision 4 of section 11-0715 of the environmental conserva-
    20  tion law, as amended by chapter 490 of the laws of 2019, is  amended  to
    21  read as follows:
    22    4. A person, resident in the state for at least thirty days immediate-
    23  ly  prior  to  the  date  of  application,  who  (a)  has been honorably
    24  discharged from service in the armed forces of the United States, or (b)
    25  has a qualifying condition, as defined in section [three hundred  fifty]
    26  one  of  the  [executive]  veterans'  services  law,  and has received a
    27  discharge other than bad conduct or dishonorable from such  service,  or
    28  (c)  is  a discharged LGBT veteran, as defined in section [three hundred
    29  fifty] one of the [executive] veterans' services law, and has received a
    30  discharge other than bad conduct or dishonorable from such service,  and
    31  is  certified  as  having  a  forty percent or greater service-connected
    32  disability is entitled to receive all licenses,  privileges,  tags,  and
    33  permits authorized by this title for which he or she is eligible, except
    34  turkey permits, renewable each year for a five dollar fee.
    35    §  53.  Subparagraph  (iv)  of paragraph c of subdivision 1 of section
    36  13-0328 of the environmental conservation law, as amended by chapter 656
    37  of the laws of 2021, is amended to read as follows:
    38    (iv) licenses shall be issued only to persons  who  demonstrate  in  a
    39  manner  acceptable to the department that they received an average of at
    40  least fifteen thousand dollars of income over  three  consecutive  years
    41  from  commercial  fishing  or  fishing,  or  who successfully complete a
    42  commercial food fish apprenticeship pursuant  to  subdivision  seven  of
    43  this  section.  As used in this subparagraph, "commercial fishing" means
    44  the taking and sale of marine resources including fish, shellfish, crus-
    45  tacea or other marine biota and "fishing" means commercial  fishing  and
    46  carrying  fishing  passengers  for hire. Individuals who wish to qualify
    47  based on income from "fishing" must hold  a  valid  marine  and  coastal
    48  district party and charter boat license. No more than ten percent of the
    49  licenses  issued  each year based on income eligibility pursuant to this
    50  paragraph shall be issued to applicants who qualify  based  solely  upon
    51  income  derived  from  operation  of or employment by a party or charter
    52  boat. For the income evaluation of this subdivision, the department  may
    53  consider  persons  who would otherwise be eligible but for having served
    54  in the United States armed forces on active  duty,  provided  that  such
    55  individual  (1)  has  received an honorable or general discharge, or (2)
    56  has a qualifying condition, as defined in section [three hundred  fifty]

        S. 8006--C                         121                        A. 9006--C
 
     1  one  of  the  [executive]  veteran's  services  law,  and has received a
     2  discharge other than bad conduct or dishonorable from such  service,  or
     3  (3)  is  a discharged LGBT veteran, as defined in section [three hundred
     4  fifty] one of the [executive] veteran's services law, and has received a
     5  discharge  other  than  bad  conduct  or dishonorable from such service,
     6  shall not be deemed ineligible.
     7    § 54. Subdivision 1 of section 130 of the executive law, as amended by
     8  section 2 of part V of chapter 58 of the laws of  2020,  is  amended  to
     9  read as follows:
    10    1.  The secretary of state may appoint and commission as many notaries
    11  public for the state of New York as in his or her judgment may be deemed
    12  best, whose jurisdiction shall be co-extensive with  the  boundaries  of
    13  the  state.  The  appointment  of a notary public shall be for a term of
    14  four years. An application for an appointment as notary public shall  be
    15  in  form  and  set  forth  such  matters as the secretary of state shall
    16  prescribe. Every person appointed as notary public must, at the time  of
    17  his  or  her appointment, be a resident of the state of New York or have
    18  an office or place of business in New York state. A notary public who is
    19  a resident of the state and who moves out of the state but  still  main-
    20  tains a place of business or an office in New York state does not vacate
    21  his  or her office as a notary public. A notary public who is a nonresi-
    22  dent and who ceases to have an office  or  place  of  business  in  this
    23  state, vacates his or her office as a notary public. A notary public who
    24  is  a resident of New York state and moves out of the state and who does
    25  not retain an office or place of business in this state shall vacate his
    26  or her office as a notary public. A non-resident who accepts the  office
    27  of  notary  public in this state thereby appoints the secretary of state
    28  as the person upon whom process can be served  on  his  or  her  behalf.
    29  Before issuing to any applicant a commission as notary public, unless he
    30  or she be an attorney and counsellor at law duly admitted to practice in
    31  this  state  or  a  court clerk of the unified court system who has been
    32  appointed to such position after  taking  a  civil  service  promotional
    33  examination  in the court clerk series of titles, the secretary of state
    34  shall satisfy himself or herself that the applicant  is  of  good  moral
    35  character, has the equivalent of a common school education and is famil-
    36  iar  with  the duties and responsibilities of a notary public; provided,
    37  however, that where a notary public applies, before  the  expiration  of
    38  his  or  her  term,  for  reappointment with the county clerk or where a
    39  person whose term as notary public shall have expired applies within six
    40  months thereafter for reappointment as a notary public with  the  county
    41  clerk,  such  qualifying  requirements may be waived by the secretary of
    42  state, and further, where an application for reappointment is filed with
    43  the county clerk after the  expiration  of  the  aforementioned  renewal
    44  period by a person who failed or was unable to re-apply by reason of his
    45  or her induction or enlistment in the armed forces of the United States,
    46  such  qualifying  requirements  may  also  be waived by the secretary of
    47  state, provided such application for  reappointment  is  made  within  a
    48  period  of  one year after the military discharge of the applicant under
    49  conditions other than dishonorable, or if the applicant has a qualifying
    50  condition, as defined in section [three hundred fifty of  this  chapter]
    51  one of the veterans' services law, within a period of one year after the
    52  applicant  has  received a discharge other than bad conduct or dishonor-
    53  able from such service, or if the applicant is a discharged LGBT  veter-
    54  an,  as  defined in section [three hundred fifty of this chapter] one of
    55  the veterans' services law, within a period of one year after the appli-
    56  cant has received a discharge other than  bad  conduct  or  dishonorable

        S. 8006--C                         122                        A. 9006--C
 
     1  from  such service. In any case, the appointment or reappointment of any
     2  applicant is in the discretion of the secretary of state. The  secretary
     3  of  state  may suspend or remove from office, for misconduct, any notary
     4  public  appointed by him or her but no such removal shall be made unless
     5  the person who is sought to be removed shall have  been  served  with  a
     6  copy  of the charges against him or her and have an opportunity of being
     7  heard.  No person shall be appointed as a notary public under this arti-
     8  cle who has been convicted, in this state or any other state or territo-
     9  ry, of a crime, unless the secretary makes a finding in conformance with
    10  all applicable statutory  requirements,  including  those  contained  in
    11  article  twenty-three-A  of the correction law, that such convictions do
    12  not constitute a bar to appointment.
    13    § 55. Subdivision 1 of section 32 of  the  general  business  law,  as
    14  amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
    15  follows:
    16    1. Every member of the armed forces of the United States who  (a)  was
    17  honorably  discharged  from such service, or (b) has a qualifying condi-
    18  tion, as defined in section [three hundred fifty] one of the [executive]
    19  veterans' services law, and has received  a  discharge  other  than  bad
    20  conduct  or  dishonorable from such service, or (c) is a discharged LGBT
    21  veteran, as defined in section [three hundred fifty] one of the  [execu-
    22  tive]  veterans'  services  law, and has received a discharge other than
    23  bad conduct or dishonorable from such service, and who is a resident  of
    24  this  state  and  a  veteran of any war, or who shall have served in the
    25  armed forces of the United States overseas, and the surviving spouse  of
    26  any  such  veteran,  if a resident of the state, shall have the right to
    27  hawk, peddle, vend and sell goods, wares or merchandise or solicit trade
    28  upon the streets and highways within the county of his or her residence,
    29  as the case may be, or if such county is  embraced  wholly  by  a  city,
    30  within  such  city, by procuring a license for that purpose to be issued
    31  as herein provided. No part of the lands or premises under the jurisdic-
    32  tion of the division of the state fair in the department of  agriculture
    33  and  markets,  shall be deemed a street or highway within the meaning of
    34  this section.
    35    § 56. Section 35 of the general business law, as  amended  by  chapter
    36  490 of the laws of 2019, is amended to read as follows:
    37    §  35. Municipal regulations. This article shall not affect the appli-
    38  cation of any ordinance, by-law or regulation of a municipal corporation
    39  relating to hawkers and peddlers within the limits of such corporations,
    40  but the provisions of this article are to be complied with  in  addition
    41  to  the  requirements  of  any  such  ordinance,  by-law  or regulation;
    42  provided, however, that no such by-law, ordinance  or  regulation  shall
    43  prevent or in any manner interfere with the hawking or peddling, without
    44  the  use of any but a hand driven vehicle, in any street, avenue, alley,
    45  lane or park of a municipal corporation,  by  any  honorably  discharged
    46  member  of  the  armed forces of the United States who (1) was honorably
    47  discharged from such service, or (2)  has  a  qualifying  condition,  as
    48  defined  in  section [three hundred fifty] one of the [executive] veter-
    49  ans' services law, and has received a discharge other than  bad  conduct
    50  or  dishonorable from such service, or (3) is a discharged LGBT veteran,
    51  as defined in section [three  hundred  fifty]  one  of  the  [executive]
    52  veterans'  services  law,  and  has  received a discharge other than bad
    53  conduct or dishonorable from such service, and who is  physically  disa-
    54  bled as a result of injuries received while in the service of said armed
    55  forces  and  the holder of a license granted pursuant to section thirty-
    56  two of this article.

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     1    § 57. Paragraph (a) of subdivision 1 of section 35-a  of  the  general
     2  business  law, as amended by chapter 490 of the laws of 2019, is amended
     3  to read as follows:
     4    (a) In cities having a population of one million or more, the official
     5  designated by a local law or ordinance to issue a local license to hawk,
     6  peddle,  vend and sell goods, wares or merchandise or solicit trade upon
     7  the streets and highways within such city shall issue specialized  vend-
     8  ing licenses to members of the armed forces of the United States who (i)
     9  were  honorably  discharged from such service, or (ii) have a qualifying
    10  condition, as defined in section [three hundred fifty] one of the [exec-
    11  utive] veterans' services law, and received a discharge other  than  bad
    12  conduct  or  dishonorable  from  such service, or (iii) are a discharged
    13  LGBT veteran, as defined in section [three hundred  fifty]  one  of  the
    14  [executive]  veterans' services law, and received a discharge other than
    15  bad conduct or dishonorable from such service, and  who  are  physically
    16  disabled  as  a result of injuries received while in the service of said
    17  armed forces and who are eligible to hold licenses granted  pursuant  to
    18  section  thirty-two  of this article.  Such specialized vending licenses
    19  shall authorize holders thereof to hawk or peddle within  such  city  in
    20  accordance  with  the  provisions contained in this section. Specialized
    21  vending licenses issued under this  section  shall  permit  the  holders
    22  thereof to vend on any block face, and no licensee authorized under this
    23  section  shall be restricted in any way from vending in any area, except
    24  as provided in this section.
    25    § 58. Paragraph (b) of subdivision 3 of section 69-p  of  the  general
    26  business  law, as amended by chapter 490 of the laws of 2019, is amended
    27  to read as follows:
    28    (b) In the case of persons who are or were in the military service and
    29  (i) have  been  or  will  be  discharged  under  conditions  other  than
    30  dishonorable, or (ii) have a qualifying condition, as defined in section
    31  [three hundred fifty] one of the [executive] veterans' services law, and
    32  received  a  discharge  other than bad conduct or dishonorable from such
    33  service, or (iii) are discharged LGBT veterans, as  defined  in  section
    34  [three hundred fifty] one of the [executive] veterans' services law, and
    35  have  received  a  discharge other than bad conduct or dishonorable from
    36  such service, the period of two years specified in  subdivision  one  of
    37  this  section need not be continuous. The length of time such person was
    38  engaged in the business of installing, servicing or maintaining security
    39  or fire alarm systems before entering the military service may be  added
    40  to  any period of time during which such person was or is engaged in the
    41  business of installing, servicing or maintaining security or fire  alarm
    42  systems after the termination of military service.
    43    §  59.  The  closing  paragraph of section 435 of the general business
    44  law, as amended by chapter 490 of the laws of 2019, is amended  to  read
    45  as follows:
    46    In the case of persons who are or were in the military service and (a)
    47  have  been  or  will be discharged under conditions other than dishonor-
    48  able, or (b) have a qualifying condition, as defined in  section  [three
    49  hundred  fifty]  one  of  the  [executive]  veterans'  services law, and
    50  received a discharge other than bad conduct or  dishonorable  from  such
    51  service,  or  (c)  are  discharged  LGBT veterans, as defined in section
    52  [three hundred fifty] one of the [executive] veterans' services law, and
    53  have received a discharge other than bad conduct  or  dishonorable  from
    54  such  service,  the  period  of one year specified in subdivision one of
    55  this section and the period of six months specified in  subdivision  two
    56  of  this  section need not be continuous. The length of time such person

        S. 8006--C                         124                        A. 9006--C
 
     1  was engaged in the practice of barbering before  entering  the  military
     2  service  may be added to any period of time during which such person was
     3  or is engaged in the practice of  barbering  after  the  termination  of
     4  military service.
     5    §  60.  Section  13-a  of  the general construction law, as amended by
     6  chapter 490 of the laws of 2019, is amended to read as follows:
     7    § 13-a. Armed forces of the United States. "Armed forces of the United
     8  States" means the army, navy, marine corps, air force and coast guard[,]
     9  including all components thereof, and the national  guard  when  in  the
    10  service  of  the  United  States  pursuant  to  call as provided by law.
    11  Pursuant to this definition no person shall be considered  a  member  or
    12  veteran  of  the  armed  forces  of  the United States unless his or her
    13  service therein is or was on a full-time active duty basis,  other  than
    14  active  duty  for training or he or she was employed by the War Shipping
    15  Administration or Office of Defense Transportation or their agents as  a
    16  merchant  seaman  documented by the United States Coast Guard or Depart-
    17  ment of Commerce, or as a civil servant employed by  the  United  States
    18  Army  Transport  Service  (later  redesignated as the United States Army
    19  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    20  Service; and who served satisfactorily as a crew member during the peri-
    21  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    22  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    23  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    24  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    25  to include "near foreign" voyages between the United States and  Canada,
    26  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    27  going  service  or  foreign waters and who has received a Certificate of
    28  Release or Discharge from Active Duty and a discharge certificate, or an
    29  Honorable Service Certificate/Report of Casualty, from the Department of
    30  Defense or he or she served as a United States civilian employed by  the
    31  American  Field  Service  and served overseas under United States Armies
    32  and United States Army Groups in world war II during the period of armed
    33  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    34  eighth,  nineteen hundred forty-five, and (i) was discharged or released
    35  therefrom under honorable conditions, or (ii) has  a  qualifying  condi-
    36  tion, as defined in section [three hundred fifty] one of the [executive]
    37  veterans'  services  law,  and  has  received a discharge other than bad
    38  conduct or dishonorable from such service, or (iii) is a discharged LGBT
    39  veteran, as defined in section [three hundred fifty] one of the  [execu-
    40  tive]  veterans'  services  law, and has received a discharge other than
    41  bad conduct or dishonorable from such service, or he or she served as  a
    42  United  States civilian Flight Crew and Aviation Ground Support Employee
    43  of Pan American World Airways or one of its subsidiaries or  its  affil-
    44  iates  and  served  overseas as a result of Pan American's contract with
    45  Air Transport Command or Naval Air Transport Service during  the  period
    46  of  armed  conflict,  December  fourteenth,  nineteen  hundred forty-one
    47  through August fourteenth, nineteen hundred  forty-five,  and  (iv)  was
    48  discharged  or released therefrom under honorable conditions, or (v) has
    49  a qualifying condition, as defined in section [three hundred fifty]  one
    50  of  the [executive] veterans' services law, and has received a discharge
    51  other than bad conduct or dishonorable from such service, or (vi)  is  a
    52  discharged LGBT veteran, as defined in section [three hundred fifty] one
    53  of  the [executive] veterans' services law, and has received a discharge
    54  other than bad conduct or dishonorable from such service.

        S. 8006--C                         125                        A. 9006--C
 
     1    § 61. Subdivision 1 of section 77 of the  general  municipal  law,  as
     2  amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
     3  follows:
     4    1. A municipal corporation may lease, for not exceeding five years, to
     5  a  post  or posts of the Grand Army of the Republic, Veterans of Foreign
     6  Wars of the United States, American Legion, Catholic War Veterans, Inc.,
     7  Disabled American Veterans, the Army  and  Navy  Union,  U.S.A.,  Marine
     8  Corps  League,  AMVETS,  American  Veterans  of World War II, Jewish War
     9  Veterans of the United States, Inc., Italian American  War  Veterans  of
    10  the  United  States,  Incorporated, Masonic War Veterans of the State of
    11  New York, Inc., Veterans of World War I of the United States of  America
    12  Department  of New York, Inc., Polish-American Veterans of World War II,
    13  Amsterdam, N.Y., Inc., Polish-American Veterans of World War  II,  Sche-
    14  nectady,  N.Y.,  Inc., Polish Legion of American Veterans, Inc., Vietnam
    15  Veterans of America or other veteran  organization  of  members  of  the
    16  [armed  forces]  uniformed  services  of  the United States who (a) were
    17  honorably discharged from such service or (b) have a  qualifying  condi-
    18  tion, as defined in section [three hundred fifty] one of the [executive]
    19  veterans'  services law, and received a discharge other than bad conduct
    20  or dishonorable from such service, or (c) are discharged LGBT  veterans,
    21  as  defined  in  section  [three  hundred  fifty] one of the [executive]
    22  veterans' services law, and received a discharge other than bad  conduct
    23  or dishonorable from such service, or to an incorporated organization or
    24  an  association  of  either  active  or exempt volunteer firefighters, a
    25  public building or part thereof,  belonging  to  such  municipal  corpo-
    26  ration,  except  schoolhouses in actual use as such, without expense, or
    27  at a nominal rent, fixed by the board or council having charge  of  such
    28  buildings  and  provide  furniture  and furnishings, and heat, light and
    29  janitor service therefor, in like manner.
    30    § 62. Paragraph (a) of subdivision 1 of section  148  of  the  general
    31  municipal law, as amended by chapter 490 of the laws of 2019, is amended
    32  to read as follows:
    33    (a)  The board of supervisors in each of the counties, or the board of
    34  estimate in the city of New York, shall designate  some  proper  person,
    35  association  or  commission,  other than that designated for the care of
    36  burial of public charges or criminals, who shall cause  to  be  interred
    37  the  body  of any member of the [armed forces] uniformed services of the
    38  United States who (i) was honorably discharged from such service or (ii)
    39  had a qualifying condition, as defined in section [three hundred  fifty]
    40  one  of the [executive] veterans' services law, and received a discharge
    41  other than bad conduct or dishonorable from such service, or (iii) was a
    42  discharged LGBT veteran, as defined in section [three hundred fifty] one
    43  of the [executive] veterans' services  law,  and  received  a  discharge
    44  other than bad conduct or dishonorable from such service, or the body of
    45  any minor child or either parent, or the spouse or unremarried surviving
    46  spouse  of  any  such member of the [armed forces] uniformed services of
    47  the United States, if such person shall hereafter die in a county or  in
    48  the  city  of New York without leaving sufficient means to defray his or
    49  her funeral expenses.
    50    § 63. Section 117-c of the highway law, as amended by chapter  490  of
    51  the laws of 2019, is amended to read as follows:
    52    §  117-c. Hawking, peddling, vending, sale of goods, wares or merchan-
    53  dise; Erie county; certain areas. Notwithstanding any law to the contra-
    54  ry, except section thirty-five of the general business law,  the  county
    55  of  Erie  shall have the power to enact a local law prohibiting hawking,
    56  peddling, vending and sale of goods, wares or merchandise  or  solicita-

        S. 8006--C                         126                        A. 9006--C
 
     1  tion  of  trade  in the right-of-way of county roads adjacent to arenas,
     2  stadiums, auditoriums or like facilities, which contain  fifty  thousand
     3  or more seats, which are used for events likely to attract large numbers
     4  of  spectators,  including  but  not limited to home games of a National
     5  Football League franchise. Provided, however, that the  power  to  enact
     6  such  local  law  shall  be subject to the requirement that provision be
     7  made, by lease agreement, regulation  or  otherwise,  for  the  hawking,
     8  peddling,  vending and sales of goods, wares or merchandise or solicita-
     9  tion of trade in designated vending areas on the ground of  county-owned
    10  lands leased for use as an arena, stadium or auditorium or like facility
    11  which  contain  fifty  thousand or more seats; and further provided that
    12  members of the armed forces of the United States who (a) were  honorably
    13  discharged  from  such  service,  or (b) have a qualifying condition, as
    14  defined in section [three hundred fifty] one of the  [executive]  veter-
    15  ans'  services  law,  and received a discharge other than bad conduct or
    16  dishonorable from such service, or (c) are discharged LGBT veterans,  as
    17  defined  in  section [three hundred fifty] one of the [executive] veter-
    18  ans' services law, and received a discharge other than  bad  conduct  or
    19  dishonorable from such service, and who are entitled to hawk, vend, sell
    20  or  peddle  merchandise  in the public right-of-way pursuant to sections
    21  thirty-two and thirty-five of the general business law, shall  be  given
    22  first  preference in any assignment or vending locations or in the allo-
    23  cation of such locations.
    24    § 64. Paragraph 11 of subsection (j) of section 2103 of the  insurance
    25  law,  as  amended by chapter 490 of the laws of 2019, is amended to read
    26  as follows:
    27    (11) No license fee shall be required of any person who  served  as  a
    28  member  of the armed forces of the United States at any time and who (A)
    29  shall have  been  discharged  therefrom,  under  conditions  other  than
    30  dishonorable,  or  (B) has a qualifying condition, as defined in section
    31  [three hundred fifty] one of the [executive] veterans' services law, and
    32  has received a discharge other than bad  conduct  or  dishonorable  from
    33  such service, or (C) is a discharged LGBT veteran, as defined in section
    34  [three hundred fifty] one of the [executive] veterans' services law, and
    35  has  received  a  discharge  other than bad conduct or dishonorable from
    36  such service, in a current licensing period, for the  duration  of  such
    37  period.
    38    §  65. Subparagraph (F) of paragraph 3 of subsection (e) and paragraph
    39  2 of subsection (f) of section 2104 of the insurance law, as amended  by
    40  chapter 490 of the laws of 2019, are amended to read as follows:
    41    (F) served as a member of the armed forces of the United States at any
    42  time,  and  shall  (i)  have been discharged under conditions other than
    43  dishonorable, or (ii) has a qualifying condition, as defined in  section
    44  [three hundred fifty] one of the [executive] veterans' services law, and
    45  has  received  a  discharge  other than bad conduct or dishonorable from
    46  such service, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
    47  section  [three hundred fifty] one of the [executive] veterans' services
    48  law, and has received a discharge other than bad conduct or dishonorable
    49  from such service, and who within three years prior to his or her  entry
    50  into  the  armed  forces  held a license as insurance broker for similar
    51  lines, provided his or her application for such license is filed  before
    52  one year from the date of final discharge; or
    53    (2)  No  license  fee  shall be required of any person who served as a
    54  member of the armed forces of the United States at any time, and who (A)
    55  shall have been discharged, under conditions other than dishonorable, or
    56  (B) has a qualifying condition, as defined  in  section  [three  hundred

        S. 8006--C                         127                        A. 9006--C

     1  fifty] one of the [executive] veterans' services law, and has received a
     2  discharge  other  than bad conduct or dishonorable from such service, or
     3  (C) is a discharged LGBT veteran, as defined in section  [three  hundred
     4  fifty] one of the [executive] veterans' services law, and has received a
     5  discharge other than bad conduct or dishonorable from such service, in a
     6  current licensing period, for the duration of such period.
     7    §  66.  Paragraph 2 of subsection (i) of section 2108 of the insurance
     8  law, as amended by chapter 490 of the laws of 2019, is amended  to  read
     9  as follows:
    10    (2)  No  license  fee  shall be required of any person who served as a
    11  member of the armed forces of the United States at any time and who  (A)
    12  shall have been discharged, under conditions other than dishonorable, or
    13  (B)  has  a  qualifying  condition, as defined in section [three hundred
    14  fifty] one of the [executive] veterans' services law, and has received a
    15  discharge other than bad conduct or dishonorable from such  service,  or
    16  (C)  is  a discharged LGBT veteran, as defined in section [three hundred
    17  fifty] one of the [executive] veterans' services law, and has received a
    18  discharge other than bad conduct or dishonorable from such service, in a
    19  current licensing period, for the duration of such period.
    20    § 67. Paragraph 10 of subsection (h) of section 2137 of the  insurance
    21  law,  as  amended by chapter 490 of the laws of 2019, is amended to read
    22  as follows:
    23    (10) No license fee shall be required of any person who  served  as  a
    24  member  of the armed forces of the United States at any time and who (A)
    25  shall have  been  discharged  therefrom,  under  conditions  other  than
    26  dishonorable,  or  (B) has a qualifying condition, as defined in section
    27  [three hundred fifty] one of the [executive] veterans' services law, and
    28  has received a discharge other than bad  conduct  or  dishonorable  from
    29  such service, or (C) is a discharged LGBT veteran, as defined in section
    30  [three hundred fifty] one of the [executive] veterans' services law, and
    31  has  received  a  discharge  other than bad conduct or dishonorable from
    32  such service, in a current licensing period, for the  duration  of  such
    33  period.
    34    §  68. Paragraph 11 of subsection (i) of section 2139 of the insurance
    35  law, as amended by chapter 490 of the laws of 2019, is amended  to  read
    36  as follows:
    37    (11)  No  license  fee shall be required of any person who served as a
    38  member of the armed forces of the United States at any time, and who (A)
    39  shall  have  been  discharged  therefrom  under  conditions  other  than
    40  dishonorable,  or  (B) has a qualifying condition, as defined in section
    41  [three hundred fifty] one of the [executive] veterans' services law, and
    42  has received a discharge other than bad  conduct  or  dishonorable  from
    43  such service, or (C) is a discharged LGBT veteran, as defined in section
    44  [three hundred fifty] one of the [executive] veterans' services law, and
    45  has  received  a  discharge  other than bad conduct or dishonorable from
    46  such service, in a current licensing period for  the  duration  of  such
    47  period.
    48    §  69.  Section 466 of the judiciary law, as amended by chapter 490 of
    49  the laws of 2019, is amended to read as follows:
    50    § 466.  Attorney's  oath  of  office.  1.  Each  person,  admitted  as
    51  prescribed  in  this  chapter  must, upon his or her admission, take the
    52  constitutional oath of office in open court, and subscribe the same in a
    53  roll or book, to be kept in the office of the  clerk  of  the  appellate
    54  division of the supreme court for that purpose.
    55    2.  Any person now in actual service in the armed forces of the United
    56  States or whose induction or enlistment therein is imminent,  or  within

        S. 8006--C                         128                        A. 9006--C
 
     1  sixty  days  after such person (1) has been honorably discharged, or (2)
     2  has received a discharge other than bad  conduct  or  dishonorable  from
     3  such  service,  if such person has a qualifying condition, as defined in
     4  section  [three hundred fifty] one of the [executive] veterans' services
     5  law, or (3) has received a discharge other than bad conduct or dishonor-
     6  able from such service, if such person is a discharged LGBT veteran,  as
     7  defined  in  section [three hundred fifty] one of the [executive] veter-
     8  ans' services law, if the appellate division of the supreme court in the
     9  department in which such person resides is not in session, may subscribe
    10  and take the oath before a justice of that court, with  the  same  force
    11  and  effect  as if it were taken in open court, except that in the first
    12  department the oath must be taken before the presiding  justice  or,  in
    13  his or her absence, before the senior justice.
    14    §  70.  Subdivision 3 of section 20 of the military law, as amended by
    15  chapter 490 of the laws of 2019, is amended to read as follows:
    16    3. Any person who has served as a commissioned or warrant  officer  in
    17  the  organized  militia  or in the armed forces of the United States and
    18  (a) has been honorably discharged therefrom, or  (b)  has  a  qualifying
    19  condition, as defined in section [three hundred fifty] one of the [exec-
    20  utive]  veterans'  services law, and has received a discharge other than
    21  bad conduct or dishonorable from such service, or (c)  is  a  discharged
    22  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    23  [executive] veterans' services law, and has received a  discharge  other
    24  than  bad conduct or dishonorable from such service, may be commissioned
    25  and placed on the state reserve list in  the  highest  grade  previously
    26  held  by  him  or  her  after  complying  with such conditions as may be
    27  prescribed by regulations issued pursuant to this chapter.
    28    § 71. Paragraphs (b) and (c) of subdivision 1 and subparagraphs 1  and
    29  2  of  paragraph  (a)  of subdivision 4-b of section 243 of the military
    30  law, as amended by chapter 490 of the laws of 2019, are amended to  read
    31  as follows:
    32    (b)  The term "military duty" shall mean military service in the mili-
    33  tary, naval, aviation or marine service of the United States  subsequent
    34  to  July  first,  nineteen hundred forty, or service under the selective
    35  training and service act of nineteen  hundred  forty,  or  the  national
    36  guard  and  reserve officers mobilization act of nineteen hundred forty,
    37  or any other act of congress supplementary or amendatory thereto, or any
    38  similar act of congress hereafter enacted and irrespective of  the  fact
    39  that  such  service  was  entered  upon following a voluntary enlistment
    40  therefor or was required under one of the foregoing acts of congress, or
    41  service with the United States public health service as  a  commissioned
    42  officer,  or  service  with  the American Red Cross while with the armed
    43  forces of the United States on foreign  service,  or  service  with  the
    44  special  services  section  of  the armed forces of the United States on
    45  foreign service, or service in the merchant marine which  shall  consist
    46  of  service as an officer or member of the crew on or in connection with
    47  a vessel documented under the laws of the  United  States  or  a  vessel
    48  owned  by, chartered to, or operated by or for the account or use of the
    49  government of the United States, or service by one who was  employed  by
    50  the  War  Shipping Administration or Office of Defense Transportation or
    51  their agents as a merchant seaman documented by the United States  Coast
    52  Guard  or  Department of Commerce, or as a civil servant employed by the
    53  United States Army Transport Service (later redesignated as  the  United
    54  States Army Transportation Corps, Water Division) or the Naval Transpor-
    55  tation  Service;  and  who served satisfactorily as a crew member during
    56  the period of armed conflict, December seventh, nineteen hundred  forty-

        S. 8006--C                         129                        A. 9006--C
 
     1  one,  to  August fifteenth, nineteen hundred forty-five, aboard merchant
     2  vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
     3  as such terms are defined under federal law (46 USCA 10301 & 10501)  and
     4  further  to include "near foreign" voyages between the United States and
     5  Canada, Mexico, or the West Indies via ocean routes, or  public  vessels
     6  in  oceangoing  service or foreign waters and who has received a Certif-
     7  icate of Release or Discharge from Active Duty and a  discharge  certif-
     8  icate,  or an Honorable Service Certificate/Report of Casualty, from the
     9  Department of Defense,  or  who  served  as  a  United  States  civilian
    10  employed  by the American Field Service and served overseas under United
    11  States Armies and United States Army Groups in world war II  during  the
    12  period  of  armed conflict, December seventh, nineteen hundred forty-one
    13  through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
    14  discharged or released therefrom under honorable conditions, or (ii) has
    15  a  qualifying condition, as defined in section [three hundred fifty] one
    16  of the [executive] veterans' services law, and has received a  discharge
    17  other  than bad conduct or dishonorable from such service, or (iii) is a
    18  discharged LGBT veteran, as defined in section [three hundred fifty] one
    19  of the [executive] veterans' services law, and has received a  discharge
    20  other  than bad conduct or dishonorable from such service, or who served
    21  as a United States civilian Flight  Crew  and  Aviation  Ground  Support
    22  Employee of Pan American World Airways or one of its subsidiaries or its
    23  affiliates  and  served  overseas as a result of Pan American's contract
    24  with Air Transport Command or Naval Air  Transport  Service  during  the
    25  period  of  armed conflict, December fourteenth, nineteen hundred forty-
    26  one through August fourteenth, nineteen hundred forty-five, and who (iv)
    27  was discharged or released therefrom under honorable conditions, or  (v)
    28  has  a qualifying condition, as defined in section [three hundred fifty]
    29  one of the [executive]  veterans'  services  law,  and  has  received  a
    30  discharge  other  than bad conduct or dishonorable from such service, or
    31  (vi) is a discharged LGBT veteran, as defined in section [three  hundred
    32  fifty] one of the [executive] veterans' services law, and has received a
    33  discharge  other  than bad conduct or dishonorable from such service; or
    34  service in police duty on behalf of the United States  government  in  a
    35  foreign  country,  if  such  person  is  a police officer, as defined by
    36  section 1.20 of the criminal procedure law, and if such  police  officer
    37  obtained  the  prior  consent  of  his  or her public employer to absent
    38  himself or herself from his or her position to engage in the performance
    39  of such service; or as an enrollee in the United States maritime service
    40  on active duty and, to such extent as may be prescribed by or under  the
    41  laws  of  the  United  States,  any  period  awaiting assignment to such
    42  service and any period of education or training for such service in  any
    43  school  or  institution  under  the  jurisdiction  of  the United States
    44  government, but shall not include temporary and intermittent  gratuitous
    45  service  in  any reserve or auxiliary force. It shall include time spent
    46  in reporting for and returning from military duty and shall be deemed to
    47  commence when the public employee leaves his or her position and to  end
    48  when he or she is reinstated to his or her position, provided such rein-
    49  statement  is within ninety days after the termination of military duty,
    50  as hereinafter defined. Notwithstanding the foregoing provisions of this
    51  paragraph, the term "military duty" shall not include any of the forego-
    52  ing services entered upon voluntarily on or after January  first,  nine-
    53  teen  hundred forty-seven and before June twenty-fifth, nineteen hundred
    54  fifty; and, on or after July first, nineteen hundred seventy,  the  term
    55  "military  duty"  shall  not  include any voluntary service in excess of
    56  four years performed after that date, or  the  total  of  any  voluntary

        S. 8006--C                         130                        A. 9006--C
 
     1  services,  additional  or  otherwise,  in excess of four years performed
     2  after that date, shall not exceed five years, if the service  in  excess
     3  of  four  years is at the request and for the convenience of the federal
     4  government, except if such voluntary service is performed during a peri-
     5  od of war, or national emergency declared by the president.
     6    (c)  The  term "termination of military duty" shall mean the date of a
     7  certificate of honorable discharge or a  certificate  of  completion  of
     8  training  and service as set forth in the selective training and service
     9  act of nineteen hundred forty, and the national guard and reserve  offi-
    10  cers  mobilization act of nineteen hundred forty or, or a certificate of
    11  release or discharge from active duty where an employee (i) has a quali-
    12  fying condition, as defined in section [three hundred fifty] one of  the
    13  [executive]  veterans'  services law, and has received a discharge other
    14  than bad conduct or  dishonorable  from  such  service,  or  (ii)  is  a
    15  discharged LGBT veteran, as defined in section [three hundred fifty] one
    16  of  the [executive] veterans' services law, and has received a discharge
    17  other than bad conduct or dishonorable from  such  service,  or  in  the
    18  event  of the incurrence of a temporary disability arising out of and in
    19  the course of such military duty, the date of termination of such  disa-
    20  bility.  The  existence and termination of such temporary disability, in
    21  the case of a public employee occupying a  position  in  the  classified
    22  civil  service or of a person on an eligible list for a position in such
    23  service, shall be determined by  the  civil  service  commission  having
    24  jurisdiction  over  such  position and, in the case of a public employee
    25  occupying a position not in  the  classified  civil  service,  shall  be
    26  determined by the officer or body having the power of appointment.
    27    (1)  "New  York  city  veteran of world war II". Any member of the New
    28  York city employees' retirement system in city-service who, after his or
    29  her last membership in such system began, served  as  a  member  of  the
    30  armed  forces of the United States during the period beginning on Decem-
    31  ber seventh, nineteen hundred forty-one and ending on  December  thirty-
    32  first,  nineteen  hundred forty-six, and (i) was honorably discharged or
    33  released under honorable circumstances from such service, or (ii) has  a
    34  qualifying condition, as defined in section [three hundred fifty] one of
    35  the  [executive]  veterans'  services  law, and has received a discharge
    36  other than bad conduct or dishonorable from such service, or (iii) is  a
    37  discharged LGBT veteran, as defined in section [three hundred fifty] one
    38  of  the [executive] veterans' services law, and has received a discharge
    39  other than bad conduct or dishonorable from such service.
    40    (2) "New York city veteran of the Korean conflict." Any member of  the
    41  New  York  city  employees' retirement system in city-service who, after
    42  his or her last membership in such system began, served as a  member  of
    43  the armed forces of the United States during the period beginning on the
    44  twenty-seventh  of  June, nineteen hundred fifty and ending on the thir-
    45  ty-first day of January, nineteen hundred fifty-five, and (i) was honor-
    46  ably discharged or released  under  honorable  circumstances  from  such
    47  service,  or  (ii)  has  a  qualifying  condition, as defined in section
    48  [three hundred fifty] one of the [executive] veterans' services law, and
    49  has received a discharge other than bad  conduct  or  dishonorable  from
    50  such  service,  or  (iii)  is  a  discharged LGBT veteran, as defined in
    51  section [three hundred fifty] one of the [executive] veterans'  services
    52  law, and has received a discharge other than bad conduct or dishonorable
    53  from such service.
    54    §  72.  Section  245 of the military law, as amended by chapter 490 of
    55  the laws of 2019, is amended to read as follows:

        S. 8006--C                         131                        A. 9006--C
 
     1    § 245. Retirement allowances of certain war veterans.   1. Any  member
     2  of  a  teachers'  retirement  system  to  which  the city of New York is
     3  required by law to make contributions on account of such member who  (i)
     4  is  an  honorably discharged member of any branch of the armed forces of
     5  the  United  States,  or  (ii) has a qualifying condition, as defined in
     6  section [three hundred fifty] one of the [executive] veterans'  services
     7  law,  and  has  received a discharge other than bad conduct or dishonor-
     8  able, or (iii) is a discharged  LGBT  veteran,  as  defined  in  section
     9  [three hundred fifty] one of the [executive] veterans' services law, and
    10  has  received a discharge other than bad conduct or dishonorable, having
    11  served as such during the time of war and who has attained  the  age  of
    12  fifty  years, may retire upon his or her own request upon written appli-
    13  cation to the board setting forth at what time not less than thirty days
    14  subsequent to the execution and filing thereof he or she desires  to  be
    15  retired,  provided  that such member at the time so specified for his or
    16  her retirement shall have completed at least twenty-five years of allow-
    17  able service. Upon retirement such member shall receive  an  annuity  of
    18  equivalent actuarial value to his or her accumulated deductions, and, in
    19  addition,  a  pension beginning immediately, having a value equal to the
    20  present value of the pension that would have become payable  had  he  or
    21  she continued at his or her current salary to the age at which he or she
    22  would  have  first  become  eligible  for  service retirement, provided,
    23  however, that the said member on making application for retirement shall
    24  pay into the retirement fund a sum of money which calculated on an actu-
    25  arial basis, together with his or  her  prior  contributions  and  other
    26  accumulations  in  said  fund then to his or her credit, shall be suffi-
    27  cient to entitle the said member to the same annuity and pension that he
    28  or she would have received had he or she remained in the service of  the
    29  city  until  he or she had attained the age at which he or she otherwise
    30  would have first become eligible for service retirement.
    31    2. Notwithstanding any other provision  of  this  section  or  of  any
    32  general,  special  or local law or code to the contrary, a member of any
    33  such teachers' retirement system who  (i)  is  separated  or  discharged
    34  under  honorable  conditions  from any branch of the armed forces of the
    35  United States, or (ii) has a qualifying condition, as defined in section
    36  [three hundred fifty] one of the [executive] veterans' services law, and
    37  has received a discharge other than  bad  conduct  or  dishonorable,  or
    38  (iii) is a discharged LGBT veteran, as defined in section [three hundred
    39  fifty] one of the [executive] veterans' services law, and has received a
    40  discharge  other than bad conduct or dishonorable, having served as such
    41  during the time of war and who has attained the age of fifty years,  may
    42  retire upon his or her own request upon written application to the board
    43  setting  forth at what time, not less than thirty days subsequent to the
    44  execution and filing thereof, he or she desires to be retired,  provided
    45  that  such  member  at  that time so specified for his or her retirement
    46  shall have completed at least twenty-five years  of  allowable  service.
    47  Upon  reaching  his  or  her previously selected minimum retirement age,
    48  such member shall receive an annuity of equivalent actuarial  value,  at
    49  that  time,  to  his  or her accumulated deductions, and, in addition, a
    50  pension based upon his or her credited years of allowable service,  plus
    51  the  pension-for-increased-take-home-pay, if any. Should such member die
    52  before reaching his or her retirement age, then any beneficiary under  a
    53  selected  option shall be eligible for benefits under such option at the
    54  date upon which the member  would  have  reached  his  or  her  selected
    55  retirement age.

        S. 8006--C                         132                        A. 9006--C
 
     1    §  73.  Subdivision 1-b of section 247 of the military law, as amended
     2  by chapter 490 of the laws of 2019, is amended to read as follows:
     3    1-b.  The adjutant general is hereby authorized to present in the name
     4  of the legislature of the state of New York, a certificate, to be  known
     5  as  the  "Cold  War Certificate", bearing a suitable inscription, to any
     6  person: (i) who is a citizen of the state of New York or (ii) who was  a
     7  citizen  of  the  state of New York while serving in the armed forces of
     8  the United States; (iii) who served in the United  States  Armed  Forces
     9  during  the  period  of  time  from  September  second, nineteen hundred
    10  forty-five through December twenty-sixth, nineteen  hundred  ninety-one,
    11  commonly  known  as  the  Cold  War  Era;  and  (iv)  who  was honorably
    12  discharged or released under honorable circumstances during the Cold War
    13  Era, or has a qualifying condition, as defined in section [three hundred
    14  fifty] one of the [executive] veterans' services  law,  and  received  a
    15  discharge  other  than  bad  conduct or dishonorable during the Cold War
    16  Era, or is a discharged LGBT  veteran,  as  defined  in  section  [three
    17  hundred  fifty]  one  of  the  [executive]  veterans'  services law, and
    18  received a discharge other than bad conduct or dishonorable  during  the
    19  Cold War Era. Not more than one Cold War Certificate shall be awarded or
    20  presented, under the provisions of this subdivision, to any person whose
    21  entire service subsequent to the time of the receipt of such medal shall
    22  not  have been honorable. In the event of the death of any person during
    23  or subsequent to the receipt of such certificate it shall  be  presented
    24  to  such  representative of the deceased as may be designated. The adju-
    25  tant general, in consultation with the [director]  commissioner  of  the
    26  [division]  department  of veterans' services, shall make such rules and
    27  regulations as may be deemed necessary for the proper  presentation  and
    28  distribution of the certificate.
    29    §  74.  Section  249 of the military law, as amended by chapter 490 of
    30  the laws of 2019, is amended to read as follows:
    31    § 249. State and municipal officers and employees  granted  leaves  of
    32  absence  on  July  fourth in certain cases. Each officer and employee of
    33  the state or of a municipal corporation or of any other political subdi-
    34  vision thereof who was a member of the national guard or  naval  militia
    35  or  a  member  of the reserve corps at a time when the United States was
    36  not at war and who (i) has been honorably discharged therefrom, or  (ii)
    37  has  a qualifying condition, as defined in section [three hundred fifty]
    38  one of the [executive]  veterans'  services  law,  and  has  received  a
    39  discharge  other  than bad conduct or dishonorable from such service, or
    40  (iii) is a discharged LGBT veteran, as defined in section [three hundred
    41  fifty] one of the [executive] veterans' services law, and has received a
    42  discharge other than bad conduct  or  dishonorable  from  such  service,
    43  shall,  in  so  far  as  practicable,  be  entitled to absent himself or
    44  herself from [his] duties or service, with pay, on July fourth  of  each
    45  year.  Notwithstanding  the  provisions of any general, special or local
    46  law or the provisions of any city charter, no such officer  or  employee
    47  shall  be  subjected  by  any  person whatever directly or indirectly by
    48  reason of such absence to any loss or diminution of vacation or  holiday
    49  privilege  or  be prejudiced by reason of such absence with reference to
    50  promotion or continuance in office or employment or to reappointment  to
    51  office or to re-employment.
    52    § 75. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of
    53  the  public  housing law, as amended by chapter 490 of the laws of 2019,
    54  is amended to read as follows:
    55    (2) (i) have been thereafter discharged or  released  therefrom  under
    56  conditions other than dishonorable, or (ii) have a qualifying condition,

        S. 8006--C                         133                        A. 9006--C
 
     1  as  defined  in  section  [three  hundred  fifty] one of the [executive]
     2  veterans' services law, and have received a  discharge  other  than  bad
     3  conduct  or dishonorable from such service, or (iii) are discharged LGBT
     4  veterans, as defined in section [three hundred fifty] one of the [execu-
     5  tive]  veterans'  services law, and have received a discharge other than
     6  bad conduct or dishonorable from such service,  or  (iv)  died  in  such
     7  service,  not  more than five years prior to the time of application for
     8  admission to such project, and
     9    § 76. The opening paragraph and paragraph  (d)  of  subdivision  1  of
    10  section  2632 of the public health law, as amended by chapter 490 of the
    11  laws of 2019, are amended to read as follows:
    12    Every veteran of the armed forces of the United States,  who  (i)  (A)
    13  was  separated or discharged under honorable conditions after serving on
    14  active duty therein for a period of not less than thirty  days,  or  (B)
    15  has  a qualifying condition, as defined in section [three hundred fifty]
    16  one of the [executive]  veterans'  services  law,  and  has  received  a
    17  discharge other than bad conduct or dishonorable after serving on active
    18  duty  therein  for  a  period  of not less than thirty days, or (C) is a
    19  discharged LGBT veteran, as defined in section [three hundred fifty] one
    20  of the [executive] veterans' services law, and has received a  discharge
    21  other  than  bad  conduct  or  dishonorable after serving on active duty
    22  therein for a period of not less than thirty days, or (ii) (A) was sepa-
    23  rated or discharged under honorable conditions after serving  on  active
    24  duty  therein  for  a  period  of not less than thirty days or (B) has a
    25  qualifying condition, as defined in section [three hundred fifty] one of
    26  the [executive] veterans' services law, and  has  received  a  discharge
    27  other  than  bad  conduct  or  dishonorable after serving on active duty
    28  therein for a period  of  not  less  than  thirty  days,  or  (C)  is  a
    29  discharged LGBT veteran, as defined in section [three hundred fifty] one
    30  of  the [executive] veterans' services law, and has received a discharge
    31  other than bad conduct or dishonorable  after  serving  on  active  duty
    32  therein for a period of not less than thirty days, and who was a recipi-
    33  ent of the armed forces expeditionary medal, navy expeditionary medal or
    34  marine  corps  expeditionary  medal  for  participation in operations in
    35  Lebanon from June  first,  nineteen  hundred  eighty-three  to  December
    36  first,  nineteen  hundred  eighty-seven, in Grenada from October twenty-
    37  third, nineteen hundred eighty-three to November twenty-first,  nineteen
    38  hundred  eighty-three,  or  in  Panama from December twentieth, nineteen
    39  hundred eighty-nine to January thirty-first, nineteen hundred ninety, or
    40  in Bosnia and Herzgegovina from November twenty-first, nineteen  hundred
    41  ninety-five to November first, two thousand seven, or was a recipient of
    42  the Kosovo campaign medal or (iii) (A) was separated or discharged under
    43  honorable  conditions  after serving on active duty therein for a period
    44  of not less than thirty days or  (B)  has  a  qualifying  condition,  as
    45  defined  in  section [three hundred fifty] one of the [executive] veter-
    46  ans' services law, and has received a discharge other than  bad  conduct
    47  or dishonorable after serving on active duty therein for a period of not
    48  less  than  thirty days, or (C) is a discharged LGBT veteran, as defined
    49  in section [three  hundred  fifty]  one  of  the  [executive]  veterans'
    50  services  law,  and  has  received a discharge other than bad conduct or
    51  dishonorable after serving on active duty therein for a  period  of  not
    52  less  than  thirty  days,  and  who  served  during the period of actual
    53  hostilities of either
    54    (d) world war II between December seventh, nineteen hundred  forty-one
    55  and  December  thirty-first, nineteen hundred forty-six, both inclusive,
    56  or who was employed by the War  Shipping  Administration  or  Office  of

        S. 8006--C                         134                        A. 9006--C
 
     1  Defense  Transportation  or their agents as a merchant seaman documented
     2  by the United States Coast Guard or Department  of  Commerce,  or  as  a
     3  civil  servant  employed  by  the  United  States Army Transport Service
     4  (later  redesignated  as  the  United  States Army Transportation Corps,
     5  Water Division) or the Naval  Transportation  Service;  and  who  served
     6  satisfactorily  as  a  crew  member during the period of armed conflict,
     7  December seventh, nineteen hundred forty-one, to August fifteenth, nine-
     8  teen hundred forty-five, aboard merchant vessels  in  oceangoing,  i.e.,
     9  foreign,  intercoastal,  or  coastwise service as such terms are defined
    10  under federal law (46 USCA 10301 & 10501) and further to  include  "near
    11  foreign"  voyages  between  the United States and Canada, Mexico, or the
    12  West Indies via ocean routes, or public vessels in oceangoing service or
    13  foreign waters  and  who  has  received  a  Certificate  of  Release  or
    14  Discharge  from Active Duty and a discharge certificate, or an Honorable
    15  Service Certificate/Report of Casualty, from the Department of  Defense,
    16  or who served as a United States civilian employed by the American Field
    17  Service and served overseas under United States Armies and United States
    18  Army  Groups in world war II during the period of armed conflict, Decem-
    19  ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
    20  hundred  forty-five,  and  who  (i) was discharged or released therefrom
    21  under honorable conditions, or  (ii)  has  a  qualifying  condition,  as
    22  defined  in  section [three hundred fifty] one of the [executive] veter-
    23  ans' services law, and has received a discharge other than  bad  conduct
    24  or  dishonorable from such service, or (iii) is a discharged LGBT veter-
    25  an, as defined in section [three hundred fifty] one of  the  [executive]
    26  veterans'  services  law,  and  has  received a discharge other than bad
    27  conduct or dishonorable from such service, or who  served  as  a  United
    28  States  civilian Flight Crew and Aviation Ground Support Employee of Pan
    29  American World Airways or one of its subsidiaries or its affiliates  and
    30  served  overseas  as a result of Pan American's contract with Air Trans-
    31  port Command or Naval Air Transport Service during the period  of  armed
    32  conflict, December fourteenth, nineteen hundred forty-one through August
    33  fourteenth,  nineteen hundred forty-five, and who (iv) was discharged or
    34  released therefrom under honorable conditions, or (v) has  a  qualifying
    35  condition, as defined in section [three hundred fifty] one of the [exec-
    36  utive]  veterans'  services law, and has received a discharge other than
    37  bad conduct or dishonorable from such service, or (vi) is  a  discharged
    38  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    39  [executive] veterans' services law, and has received a  discharge  other
    40  than bad conduct or dishonorable from such service; or
    41    §  77.  Subdivision  5  of section 2805-b of the public health law, as
    42  amended by section 21 of part AA of chapter 56 of the laws of  2019,  is
    43  amended to read as follows:
    44    5.  The  staff of a general hospital shall: (a) inquire whether or not
    45  the person admitted has served in the United States armed  forces.  Such
    46  information  shall  be  listed  on  the  admissions form; (b) notify any
    47  admittee who is a veteran of the possible availability of services at  a
    48  hospital  operated  by the United States veterans health administration,
    49  and, upon request by the admittee, such staff  shall  make  arrangements
    50  for  the individual's transfer to a United States veterans health admin-
    51  istration hospital, provided, however, that transfers shall  be  author-
    52  ized  only  after it has been determined, according to accepted clinical
    53  and medical standards, that the patient's condition has  stabilized  and
    54  transfer  can  be  accomplished safely and without complication; and (c)
    55  provide any admittee who has served in the United  States  armed  forces
    56  with  a  copy  of  the  "Information for Veterans concerning Health Care

        S. 8006--C                         135                        A. 9006--C
 
     1  Options" fact sheet, maintained by the [division] department  of  veter-
     2  ans'  services  pursuant  to  subdivision  [twenty-three] twenty-nine of
     3  section [three hundred fifty-three] four of  the  [executive]  veterans'
     4  services  law  prior  to  discharging  or  transferring the patient. The
     5  commissioner shall promulgate rules and regulations for  notifying  such
     6  admittees  of  possible available services and for arranging a requested
     7  transfer.
     8    § 78. Subdivision 2 of section 2805-o of the  public  health  law,  as
     9  amended  by  chapter  75  of  the  laws  of  2022, is amended to read as
    10  follows:
    11    2. Every nursing home, residential  health  care  facility  and  every
    12  adult care facility licensed and certified by the department pursuant to
    13  title  two of article seven of the social services law or article forty-
    14  six-B of this chapter,  including  all  adult  homes,  enriched  housing
    15  programs,  residences for adults, assisted living programs, and assisted
    16  living residences shall in writing advise  all  individuals  identifying
    17  themselves  as  veterans  or  spouses  of  veterans  that the [division]
    18  department of veterans' services and local  veterans'  service  agencies
    19  established  pursuant to section [three hundred fifty-seven] fourteen of
    20  the [executive] veterans' services law to provide assistance to veterans
    21  and their spouses regarding benefits under federal and state  law.  Such
    22  written information shall include the name, address and telephone number
    23  of  the  New York state [division] department of veterans' services, the
    24  nearest [division] department of veterans' services office, the  nearest
    25  county  or  city  veterans'  service  agency  and the nearest accredited
    26  veterans' service officer.
    27    § 79. Subdivision 3 of section 3422  of  the  public  health  law,  as
    28  amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
    29  follows:
    30    3. A candidate who fails to attain a  passing  grade  on  his  or  her
    31  licensing examination is entitled to a maximum of three re-examinations;
    32  provided,  however,  that  if  such  candidate fails to attain a passing
    33  grade within three years after completion of his or her training, he  or
    34  she  must  requalify  in  accordance  with  the provisions of the public
    35  health law and rules and regulations promulgated thereunder existing and
    36  in force as of the date of subsequent application for licensing examina-
    37  tion, except that a satisfactorily completed required  course  of  study
    38  need  not  be recompleted. A candidate inducted into the armed forces of
    39  the United States during or after completion of training may  (a)  after
    40  honorable  discharge  or (b) after a discharge other than bad conduct or
    41  dishonorable where the candidate (i)  has  a  qualifying  condition,  as
    42  defined  in  section [three hundred fifty] one of the [executive] veter-
    43  ans' services law, or (ii) is a discharged LGBT veteran, as  defined  in
    44  section  [three hundred fifty] one of the [executive] veterans' services
    45  law, and upon proper application as required by the department be eligi-
    46  ble for an exemption with respect to time served in such service.
    47    § 80. Section 63 of the public officers law, as amended by chapter 606
    48  of the laws of 2021, is amended to read as follows:
    49    § 63. Leave of absence for veterans on Memorial day and Veterans' day.
    50  It shall be the duty of the head of every public department and of every
    51  court of the state of New York, of every superintendent  or  foreman  on
    52  the  public  works  of said state, of the county officers of the several
    53  counties of said state, of the town officers of  the  various  towns  in
    54  this  state, of the fire district officers of the various fire districts
    55  in this state, and of the head of every department, bureau and office in
    56  the government of the various cities and villages in this state, and the

        S. 8006--C                         136                        A. 9006--C
 
     1  officers of any public benefit corporation or any  public  authority  of
     2  this  state, or of any public benefit corporation or public authority of
     3  any county or subdivision of this state, to give leave of  absence  with
     4  pay for twenty-four hours on the day prescribed by law as a public holi-
     5  day for the observance of Memorial day and on the eleventh day of Novem-
     6  ber,  known  as  Veterans'  day,  to  every person in the service of the
     7  state, the county, the town, the fire district, the city or village, the
     8  public benefit corporation or public authority of  this  state,  or  any
     9  public benefit corporation or public authority of any county or subdivi-
    10  sion of this state, as the case may be, (i) who served on active duty in
    11  the  armed  forces  of the United States during world war I or world war
    12  II, or who was employed by the War Shipping Administration or Office  of
    13  Defense  Transportation  or their agents as a merchant seaman documented
    14  by the United States Coast Guard or Department  of  Commerce,  or  as  a
    15  civil  servant  employed  by  the  United  States Army Transport Service
    16  (later redesignated as the  United  States  Army  Transportation  Corps,
    17  Water  Division)  or  the  Naval  Transportation Service; and who served
    18  satisfactorily as a crew member during the  period  of  armed  conflict,
    19  December seventh, nineteen hundred forty-one, to August fifteenth, nine-
    20  teen  hundred  forty-five,  aboard merchant vessels in oceangoing, i.e.,
    21  foreign, intercoastal, or coastwise service as such  terms  are  defined
    22  under  federal  law (46 USCA 10301 & 10501) and further to include "near
    23  foreign" voyages between the United States and Canada,  Mexico,  or  the
    24  West Indies via ocean routes, or public vessels in oceangoing service or
    25  foreign  waters  and  who  has  received  a  Certificate  of  Release or
    26  Discharge from Active Duty and a discharge certificate, or an  Honorable
    27  Service  Certificate/Report of Casualty, from the Department of Defense,
    28  or who served as a United States civilian employed by the American Field
    29  Service and served overseas under United States Armies and United States
    30  Army Groups in world war II during the period of armed conflict,  Decem-
    31  ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
    32  hundred forty-five, and who (a) was  discharged  or  released  therefrom
    33  under  honorable  conditions,  or  (b)  has  a  qualifying condition, as
    34  defined in section [three hundred fifty] one of the  [executive]  veter-
    35  ans'  services  law, and has received a discharge other than bad conduct
    36  or dishonorable from such service, or (c) is a discharged LGBT  veteran,
    37  as  defined  in  section  [three  hundred  fifty] one of the [executive]
    38  veterans' services law, and has received  a  discharge  other  than  bad
    39  conduct  or  dishonorable  from  such  service or who served as a United
    40  States civilian Flight Crew and Aviation Ground Support Employee of  Pan
    41  American  World Airways or one of its subsidiaries or its affiliates and
    42  served overseas as a result of Pan American's contract with  Air  Trans-
    43  port  Command  or Naval Air Transport Service during the period of armed
    44  conflict, December fourteenth, nineteen hundred forty-one through August
    45  fourteenth, nineteen hundred forty-five, and who (d) was  discharged  or
    46  released  therefrom  under honorable conditions, or (e) has a qualifying
    47  condition, as defined in section [three hundred fifty] one of the [exec-
    48  utive] veterans' services law, and has received a discharge  other  than
    49  bad  conduct  or  dishonorable from such service, or (f) is a discharged
    50  LGBT veteran, as defined in section [three hundred  fifty]  one  of  the
    51  [executive]  veterans'  services law, and has received a discharge other
    52  than bad conduct or dishonorable from such service or during the  period
    53  of the Korean conflict at any time between the dates of June twenty-sev-
    54  enth,  nineteen hundred fifty and January thirty-first, nineteen hundred
    55  fifty-five, or during the period of the Vietnam conflict from the [twen-
    56  ty-eighth day of February, nineteen  hundred  sixty-one]  first  day  of

        S. 8006--C                         137                        A. 9006--C
 
     1  November,  nineteen  hundred fifty-five to the seventh day of May, nine-
     2  teen hundred seventy-five, or (ii) who served  on  active  duty  in  the
     3  armed  forces  of the United States and who was a recipient of the armed
     4  forces  expeditionary  medal,  navy  expeditionary medal or marine corps
     5  expeditionary medal for participation in operations in Lebanon from June
     6  first, nineteen hundred eighty-three to December first, nineteen hundred
     7  eighty-seven, in Grenada from  October  twenty-third,  nineteen  hundred
     8  eighty-three to November twenty-first, nineteen hundred eighty-three, or
     9  in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
    10  ary  thirty-first,  nineteen  hundred ninety, or (iii) who served in the
    11  armed forces of a foreign country allied with the United  States  during
    12  world war I or world war II, or during the period of the Korean conflict
    13  at  any  time  between  June  twenty-seventh, nineteen hundred fifty and
    14  January thirty-first, nineteen hundred fifty-five, or during the  period
    15  of the Vietnam conflict from the first day of November, nineteen hundred
    16  fifty-five  to the seventh day of May, nineteen hundred seventy-five, or
    17  during the period of the Persian Gulf conflict from the  second  day  of
    18  August,  nineteen  hundred  ninety  to  the end of such conflict, or who
    19  served on active duty in the army or navy or marine corps or  air  force
    20  or  coast  guard  of  the  United  States,  and  who  (a)  was honorably
    21  discharged or separated from such service under honorable conditions, or
    22  (b) has a qualifying condition, as defined  in  section  [three  hundred
    23  fifty] one of the [executive] veterans' services law, and has received a
    24  discharge  other  than bad conduct or dishonorable from such service, or
    25  (c) is a discharged LGBT veteran, as defined in section  [three  hundred
    26  fifty] one of the [executive] veterans' services law, and has received a
    27  discharge  other  than  bad  conduct  or  dishonorable from such service
    28  except where such action would endanger the public safety or the  safety
    29  or health of persons cared for by the state, in which event such persons
    30  shall  be  entitled  to leave of absence with pay on another day in lieu
    31  thereof. All such persons who are compensated on  a  per  diem,  hourly,
    32  semi-monthly  or  monthly basis, with or without maintenance, shall also
    33  be entitled to leave of absence with pay under the  provisions  of  this
    34  section  and  no  deduction in vacation allowance or budgetary allowable
    35  number of working days shall be made in lieu thereof. A refusal to  give
    36  such leave of absence to one entitled thereto shall be neglect of duty.
    37    §  81.  Subdivision  3  of section 1271 of the private housing finance
    38  law, as amended by chapter 490 of the laws of 2019, is amended  to  read
    39  as follows:
    40    3.  "Veteran"  shall mean [a resident of this state who (a) has served
    41  in the United States army, navy, marine corps, air force or coast  guard
    42  or (b) has served on active duty or ordered to active duty as defined in
    43  10  USC  101  (d)(1)  as a member of the national guard or other reserve
    44  component of the armed forces of the United States or (c) has served  on
    45  active  duty or ordered to active duty for the state, as a member of the
    46  state organized militia as defined in subdivision nine of section one of
    47  the military law, and has been released from such service documented  by
    48  an  honorable  or  general  discharge, or has a qualifying condition, as
    49  defined in section three hundred fifty of the  executive  law,  and  has
    50  received  a  discharge  other than bad conduct or dishonorable from such
    51  service] a veteran as defined in section one of the  veterans'  services
    52  law,  or  is  a  discharged  LGBT  veteran, as defined in section [three
    53  hundred fifty] one of the [executive] veterans' services law, who  is  a
    54  resident  of  the  state  and  has  received  a discharge other than bad
    55  conduct or dishonorable from such service.

        S. 8006--C                         138                        A. 9006--C
 
     1    § 82. Subdivisions 2 and 4-a of section 458 of the real  property  tax
     2  law,  as amended by chapter 490 of the laws of 2019, are amended to read
     3  as follows:
     4    2.   Real   property   purchased  with  moneys  collected  by  popular
     5  subscription in partial recognition of extraordinary  services  rendered
     6  by  any  veteran  of world war one, world war two, or of the hostilities
     7  which commenced June twenty-seventh, nineteen hundred fifty, who (a) was
     8  honorably discharged from such service, or (b) has a  qualifying  condi-
     9  tion, as defined in section [three hundred fifty] one of the [executive]
    10  veterans'  services  law,  and  has  received a discharge other than bad
    11  conduct or dishonorable from such service, or (c) is a  discharged  LGBT
    12  veteran,  as defined in section [three hundred fifty] one of the [execu-
    13  tive] veterans' services law, and has received a  discharge  other  than
    14  bad  conduct or dishonorable from such service, and who sustained perma-
    15  nent disability while on military duty, either  total  or  partial,  and
    16  owned by the person who sustained such injuries, or by his or her spouse
    17  or  unremarried  surviving  spouse,  or  dependent  father or mother, is
    18  subject to taxation as herein provided. Such property shall be  assessed
    19  in  the  same  manner as other real property in the tax district. At the
    20  meeting of the assessors to hear complaints concerning the  assessments,
    21  a  verified  application  for  the  exemption of such real property from
    22  taxation may be presented to them by or on behalf of the owner  thereof,
    23  which application must show the facts on which the exemption is claimed,
    24  including  the  amount  of  moneys  so  raised and used in or toward the
    25  purchase of such property. No exemption on  account  of  any  such  gift
    26  shall be allowed in excess of five thousand dollars. The application for
    27  exemption  shall  be  presented  and  action thereon taken in the manner
    28  provided by subdivision one of  this  section.  If  no  application  for
    29  exemption  be granted, the property shall be subject to taxation for all
    30  purposes.  The  provisions  herein,  relating  to  the  assessment   and
    31  exemption   of   property   purchased  with  moneys  raised  by  popular
    32  subscription, apply and shall be enforced in each municipal  corporation
    33  authorized to levy taxes.
    34    4-a.  For  the  purposes  of this section, the term "military or naval
    35  services" shall be deemed to also include service: (a) by a  person  who
    36  was  employed  by  the  War Shipping Administration or Office of Defense
    37  Transportation or their agents as a merchant seaman  documented  by  the
    38  United States Coast Guard or Department of Commerce, or as a civil serv-
    39  ant employed by the United States Army Transport Service (later redesig-
    40  nated as the United States Army Transportation Corps, Water Division) or
    41  the  Naval  Transportation  Service;  and who served satisfactorily as a
    42  crew member during the period of armed conflict, December seventh, nine-
    43  teen hundred forty-one, to August  fifteenth,  nineteen  hundred  forty-
    44  five,  aboard  merchant  vessels  in  oceangoing,  i.e., foreign, inter-
    45  coastal, or coastwise service as such terms are  defined  under  federal
    46  law  (46  USCA  10301  &  10501)  and  further to include "near foreign"
    47  voyages between the United States and Canada, Mexico, or the West Indies
    48  via ocean routes, or public vessels in  oceangoing  service  or  foreign
    49  waters  and  who has received a Certificate of Release or Discharge from
    50  Active Duty  and  a  discharge  certificate,  or  an  Honorable  Service
    51  Certificate/Report  of  Casualty,  from  the  department of defense; (b)
    52  service by a United States  civilian  employed  by  the  American  Field
    53  Service who served overseas under United States Armies and United States
    54  Army  Groups in world war II during the period of armed conflict, Decem-
    55  ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
    56  hundred  forty-five,  and  who  (i) was discharged or released therefrom

        S. 8006--C                         139                        A. 9006--C

     1  under honorable conditions, or  (ii)  has  a  qualifying  condition,  as
     2  defined  in  section [three hundred fifty] one of the [executive] veter-
     3  ans' services law, and has received a discharge other than  bad  conduct
     4  or  dishonorable from such service, or (iii) is a discharged LGBT veter-
     5  an, as defined in section [three hundred fifty] one of  the  [executive]
     6  veterans'  services  law,  and  has  received a discharge other than bad
     7  conduct or dishonorable from such service; or (c) service  by  a  United
     8  States  civilian Flight Crew and Aviation Ground Support Employee of Pan
     9  American World Airways or one of its subsidiaries or its affiliates  who
    10  served  overseas  as a result of Pan American's contract with Air Trans-
    11  port Command or Naval Air Transport Service during the period  of  armed
    12  conflict, December fourteenth, nineteen hundred forty-one through August
    13  fourteenth,  nineteen  hundred forty-five, and who (i) was discharged or
    14  released therefrom under honorable conditions, or (ii) has a  qualifying
    15  condition, as defined in section [three hundred fifty] one of the [exec-
    16  utive]  veterans'  services law, and has received a discharge other than
    17  bad conduct or dishonorable from such service, or (iii) is a  discharged
    18  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    19  [executive] veterans' services law, and has received a  discharge  other
    20  than bad conduct or dishonorable from such service.
    21    §  83.  Paragraph  (e)  of  subdivision 1 and subdivisions 9 and 10 of
    22  section 458-a of the real property tax law, paragraph (e) of subdivision
    23  1 and subdivision 10 as amended by chapter 490  of  the  laws  of  2019,
    24  subdivision  9  as amended by section 36 of part AA of chapter 56 of the
    25  laws of 2019, are amended to read as follows:
    26    (e) "Veteran" means a person (i) who served in  the  active  military,
    27  naval,  or air service during a period of war, or who was a recipient of
    28  the armed forces expeditionary medal, navy expeditionary  medal,  marine
    29  corps  expeditionary  medal,  or  global  war on terrorism expeditionary
    30  medal, and who (1) was discharged or released therefrom under  honorable
    31  conditions,  or  (2)  has  a qualifying condition, as defined in section
    32  [three hundred fifty] one of the [executive] veterans' services law, and
    33  has received a discharge other than bad  conduct  or  dishonorable  from
    34  such service, or (3) is a discharged LGBT veteran, as defined in section
    35  [three hundred fifty] one of the [executive] veterans' services law, and
    36  has  received  a  discharge  other than bad conduct or dishonorable from
    37  such service, (ii) who was employed by the War  Shipping  Administration
    38  or Office of Defense Transportation or their agents as a merchant seaman
    39  documented  by  the United States Coast Guard or Department of Commerce,
    40  or as a civil servant employed  by  the  United  States  Army  Transport
    41  Service  (later  redesignated  as  the United States Army Transportation
    42  Corps, Water Division) or the  Naval  Transportation  Service;  and  who
    43  served  satisfactorily  as  a  crew  member  during  the period of armed
    44  conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
    45  fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
    46  oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
    47  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    48  to include "near foreign" voyages between the United States and  Canada,
    49  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    50  going  service  or  foreign waters and who has received a Certificate of
    51  Release or Discharge from Active Duty and a discharge certificate, or an
    52  Honorable Service Certificate/Report of Casualty, from the department of
    53  defense, (iii) who served as a United States civilian  employed  by  the
    54  American  Field  Service  and served overseas under United States Armies
    55  and United States Army Groups in world war II during the period of armed
    56  conflict, December  seventh,  nineteen  hundred  forty-one  through  May

        S. 8006--C                         140                        A. 9006--C
 
     1  eighth,  nineteen  hundred  forty-five,  and  who  (1) was discharged or
     2  released therefrom under honorable conditions, or (2) has  a  qualifying
     3  condition, as defined in section [three hundred fifty] one of the [exec-
     4  utive]  veterans'  services law, and has received a discharge other than
     5  bad conduct or dishonorable from such service, or (3)  is  a  discharged
     6  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
     7  [executive] veterans' services law, and has received a  discharge  other
     8  than bad conduct or dishonorable from such service, (iv) who served as a
     9  United  States civilian Flight Crew and Aviation Ground Support Employee
    10  of Pan American World Airways or one of its subsidiaries or  its  affil-
    11  iates  and  served  overseas as a result of Pan American's contract with
    12  Air Transport Command or Naval Air Transport Service during  the  period
    13  of  armed  conflict,  December  fourteenth,  nineteen  hundred forty-one
    14  through August fourteenth, nineteen hundred forty-five, and who (1)  was
    15  discharged  or released therefrom under honorable conditions, or (2) has
    16  a qualifying condition, as defined in section [three hundred fifty]  one
    17  of  the [executive] veterans' services law, and has received a discharge
    18  other than bad conduct or dishonorable from such service, or  (3)  is  a
    19  discharged LGBT veteran, as defined in section [three hundred fifty] one
    20  of  the [executive] veterans' services law, and has received a discharge
    21  other than bad  conduct  or  dishonorable  from  such  service,  or  (v)
    22  notwithstanding  any  other  provision  of  law to the contrary, who are
    23  members of the reserve components of the  armed  forces  of  the  United
    24  States  who  (1)  received  an  honorable discharge or release therefrom
    25  under honorable conditions,  or  (2)  has  a  qualifying  condition,  as
    26  defined  in  section [three hundred fifty] one of the [executive] veter-
    27  ans' services law, and has received a discharge other than  bad  conduct
    28  or  dishonorable from such service, or (3) is a discharged LGBT veteran,
    29  as defined in section [three  hundred  fifty]  one  of  the  [executive]
    30  veterans'  services  law,  and  has  received a discharge other than bad
    31  conduct or dishonorable from such service, but are still members of  the
    32  reserve  components  of  the  armed forces of the United States provided
    33  that such members meet all other qualifications under the provisions  of
    34  this section.
    35    9.  The commissioner shall develop in consultation with the [director]
    36  commissioner of the New York state [division]  department  of  veterans'
    37  services  a  listing  of  documents  to be used to establish eligibility
    38  under this section, including  but  not  limited  to  a  certificate  of
    39  release  or discharge from active duty also known as a DD-214 form or an
    40  Honorable Service Certificate/Report of [Causality]  Casualty  from  the
    41  department  of defense. Such information shall be made available to each
    42  county, city, town or village assessor's office, or congressional  char-
    43  tered  veterans service officers who request such information. The list-
    44  ing of acceptable military records shall be made available on the inter-
    45  net websites of the [division] department of veterans' services and  the
    46  office of real property tax services.
    47    10. A county, city, town, village or school district may adopt a local
    48  law  or resolution to include those military personnel who served in the
    49  Reserve component of the United States Armed Forces that were deemed  on
    50  active duty under Executive Order 11519 signed March twenty-third, nine-
    51  teen  hundred  seventy,  35  Federal  Register 5003, dated March twenty-
    52  fourth, nineteen hundred seventy and  later  designated  by  the  United
    53  States  Department  of Defense as Operation Graphic Hand, if such member
    54  (1) was discharged or released therefrom under honorable conditions,  or
    55  (2)  has  a  qualifying  condition, as defined in section [three hundred
    56  fifty] one of the [executive] veterans' services law, and has received a

        S. 8006--C                         141                        A. 9006--C
 
     1  discharge other than bad conduct or dishonorable from such  service,  or
     2  (3)  is  a discharged LGBT veteran, as defined in section [three hundred
     3  fifty] one of the [executive] veterans' services law, and has received a
     4  discharge  other  than  bad  conduct  or dishonorable from such service,
     5  provided that such  veteran  meets  all  other  qualifications  of  this
     6  section.
     7    §  84.  Paragraph  (a)  of  subdivision 1 and subdivision 8 of section
     8  458-b of the real property tax law, paragraph (a) of  subdivision  1  as
     9  amended  by chapter 490 of the laws of 2019, subdivision 8 as amended by
    10  section 37 of part AA of chapter 56 of the laws of 2019, are amended  to
    11  read as follows:
    12    (a)  "Cold  War veteran" means a person, male or female, who served on
    13  active duty in the United States armed forces, during  the  time  period
    14  from  September  second, nineteen hundred forty-five to December twenty-
    15  sixth, nineteen hundred ninety-one, and (i) was discharged  or  released
    16  therefrom  under  honorable  conditions, or (ii) has a qualifying condi-
    17  tion, as defined in section [three hundred fifty] one of the [executive]
    18  veterans' services law, and has received  a  discharge  other  than  bad
    19  conduct or dishonorable from such service, or (iii) is a discharged LGBT
    20  veteran,  as defined in section [three hundred fifty] one of the [execu-
    21  tive] veterans' services law, and has received a  discharge  other  than
    22  bad conduct or dishonorable from such service.
    23    8.  The commissioner shall develop in consultation with the [director]
    24  commissioner of the New York state [division]  department  of  veterans'
    25  services  a  listing  of  documents  to be used to establish eligibility
    26  under this section, including  but  not  limited  to  a  certificate  of
    27  release  or discharge from active duty also known as a DD-214 form or an
    28  Honorable Service Certificate/Report of [Causality]  Casualty  from  the
    29  department  of defense. Such information shall be made available to each
    30  county, city, town or village assessor's office, or congressional  char-
    31  tered  veterans service officers who request such information. The list-
    32  ing of acceptable military records shall be made available on the inter-
    33  net websites of the [division] department of veterans' services and  the
    34  office of real property tax services.
    35    §  85.  Subparagraph  (v) of paragraph (a) of subdivision 1 of section
    36  122 of the social services law, as amended by chapter 490 of the laws of
    37  2019, is amended to read as follows:
    38    (v) any alien lawfully residing in the state who is on active duty  in
    39  the  armed  forces  (other than active duty for training) or who (1) has
    40  received an honorable discharge (and not on account  of  alienage)  from
    41  the  armed  forces,  or  (2)  has  a qualifying condition, as defined in
    42  section [three hundred fifty] one of the [executive] veterans'  services
    43  law, and has received a discharge other than bad conduct or dishonorable
    44  (and  not  on  account  of  alienage) from the armed forces, or (3) is a
    45  discharged LGBT veteran, as defined in section [three hundred fifty] one
    46  of the [executive] veterans' services law, and has received a  discharge
    47  other  than bad conduct or dishonorable (and not on account of alienage)
    48  from the armed forces, or the spouse, unremarried  surviving  spouse  or
    49  unmarried  dependent  child  of any such alien, if such alien, spouse or
    50  dependent child is a qualified alien as defined in section  431  of  the
    51  federal  personal responsibility and work opportunity reconciliation act
    52  of 1996 (8 U.S. Code 1641), as amended;
    53    § 86. Subdivision 1 and paragraph 5 of subdivision 2 of section 168 of
    54  the social services law, as amended by chapter 490 of the laws of  2019,
    55  are amended to read as follows:

        S. 8006--C                         142                        A. 9006--C
 
     1    1. Veteran means a person, male or female, who has served in the armed
     2  forces  of  the  United States in time of war, or who was a recipient of
     3  the armed forces expeditionary medal, navy expeditionary medal or marine
     4  corps expeditionary medal for participation  in  operations  in  Lebanon
     5  from  June first, nineteen hundred eighty-three to December first, nine-
     6  teen hundred eighty-seven, in Grenada from October  twenty-third,  nine-
     7  teen  hundred  eighty-three  to  November twenty-first, nineteen hundred
     8  eighty-three, or in Panama from  December  twentieth,  nineteen  hundred
     9  eighty-nine  to  January  thirty-first, nineteen hundred ninety, and who
    10  (1) has been honorably discharged or released  under  honorable  circum-
    11  stances  from  such  service  or furloughed to the reserve, or (2) has a
    12  qualifying condition, as defined in section [three hundred fifty] one of
    13  the [executive] veterans' services law, and  has  received  a  discharge
    14  other  than  bad  conduct or dishonorable from such service, or (3) is a
    15  discharged LGBT veteran, as defined in section [three hundred fifty] one
    16  of the [executive] veterans' services law, and has received a  discharge
    17  other than bad conduct or dishonorable from such service.
    18    (5)  World  war II; from the seventh day of December, nineteen hundred
    19  forty-one to and including the thirty-first day  of  December,  nineteen
    20  hundred  forty-six,  or  who  was  employed by the War Shipping Adminis-
    21  tration or Office  of  Defense  Transportation  or  their  agents  as  a
    22  merchant  seaman  documented by the United States Coast Guard or Depart-
    23  ment of Commerce, or as a civil servant employed by  the  United  States
    24  Army  Transport  Service  (later  redesignated as the United States Army
    25  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    26  Service; and who served satisfactorily as a crew member during the peri-
    27  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    28  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    29  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    30  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    31  to include "near foreign" voyages between the United States and  Canada,
    32  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    33  going  service  or  foreign waters and who has received a Certificate of
    34  Release or Discharge from Active Duty and a discharge certificate, or an
    35  Honorable Service Certificate/Report of Casualty, from the Department of
    36  Defense or who served as a United States civilian employed by the Ameri-
    37  can Field Service and served overseas under  United  States  Armies  and
    38  United  States  Army  Groups  in world war II during the period of armed
    39  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    40  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
    41  released therefrom under honorable conditions, or (ii) has a  qualifying
    42  condition, as defined in section [three hundred fifty] one of the [exec-
    43  utive]  veterans'  services law, and has received a discharge other than
    44  bad conduct or dishonorable from such service, or (iii) is a  discharged
    45  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    46  [executive] veterans' services law, and has received a  discharge  other
    47  than  bad  conduct or dishonorable from such service, or who served as a
    48  United States civilian Flight Crew and Aviation Ground Support  Employee
    49  of  Pan  American World Airways or one of its subsidiaries or its affil-
    50  iates and served overseas as a result of Pan  American's  contract  with
    51  Air  Transport  Command or Naval Air Transport Service during the period
    52  of armed  conflict,  December  fourteenth,  nineteen  hundred  forty-one
    53  through August fourteenth, nineteen hundred forty-five, and who (iv) was
    54  discharged  or released therefrom under honorable conditions, or (v) has
    55  a qualifying condition, as defined in section [three hundred fifty]  one
    56  of  the [executive] veterans' services law, and has received a discharge

        S. 8006--C                         143                        A. 9006--C
 
     1  other than bad conduct or dishonorable from such service, or (vi)  is  a
     2  discharged LGBT veteran, as defined in section [three hundred fifty] one
     3  of  the [executive] veterans' services law, and has received a discharge
     4  other than bad conduct or dishonorable from such service.
     5    §  87.  Subparagraph  1  of paragraph (b) of subdivision 29 of section
     6  210-B of the tax law, as amended by chapter 490 of the laws of 2019,  is
     7  amended to read as follows:
     8    (1)  who  served  on  active duty in the United States army, navy, air
     9  force, marine corps, coast guard or the reserves thereof, or who  served
    10  in  active military service of the United States as a member of the army
    11  national guard, air national guard, New York guard  or  New  York  naval
    12  militia;  who (i) was released from [active duty by general or honorable
    13  discharge] such service after September eleventh, two thousand  one,  or
    14  (ii)  has  a  qualifying condition, as defined in section [three hundred
    15  fifty] one of the [executive] veterans' services law, and has received a
    16  discharge other than bad conduct or dishonorable from such service after
    17  September eleventh, two thousand one, or  (iii)  is  a  discharged  LGBT
    18  veteran,  as defined in section [three hundred fifty] one of the [execu-
    19  tive] veterans' services law, and has received a  discharge  other  than
    20  bad  conduct or dishonorable from such service after September eleventh,
    21  two thousand one;
    22    § 88. Subparagraph (A) of paragraph 2 of subsection (a-2)  of  section
    23  606  of  the  tax law, as amended by chapter 490 of the laws of 2019, is
    24  amended to read as follows:
    25    (A) who served on active duty in the United  States  army,  navy,  air
    26  force,  marine corps, coast guard or the reserves thereof, or who served
    27  in active military service of the United States as a member of the  army
    28  national  guard,  air  national  guard, New York guard or New York naval
    29  militia; who (i) was released from active duty by general  or  honorable
    30  discharge  after  September  eleventh,  two  thousand one, or (ii) has a
    31  qualifying condition, as defined in section [three hundred fifty] one of
    32  the [executive] veterans' services law, and  has  received  a  discharge
    33  other than bad conduct or dishonorable from such service after September
    34  eleventh,  two  thousand  one, or (iii) is a discharged LGBT veteran, as
    35  defined in section [three hundred fifty] one of the  [executive]  veter-
    36  ans'  services  law, and has received a discharge other than bad conduct
    37  or dishonorable from such service after September eleventh, two thousand
    38  one;
    39    § 89. Paragraph 18-a of subdivision (a) of section  1115  of  the  tax
    40  law,  as added by chapter 478 of the laws of 2016, is amended to read as
    41  follows:
    42    (18-a) Tangible personal property manufactured and sold by a  veteran,
    43  as  defined  in  section  [three  hundred  sixty-four] twenty-two of the
    44  [executive] veterans' services law,  for  the  benefit  of  a  veteran's
    45  service  organization, provided that such person or any member of his or
    46  her household does not conduct a trade  or  business  in  which  similar
    47  items  are sold, the first two thousand five hundred dollars of receipts
    48  from such sales in a calendar year.
    49    § 90. Subparagraph (A) of paragraph 2 of subdivision (g-1) of  section
    50  1511  of  the tax law, as amended by chapter 490 of the laws of 2019, is
    51  amended to read as follows:
    52    (A) who served on active duty in the United  States  army,  navy,  air
    53  force,  marine corps, coast guard or the reserves thereof, or who served
    54  in active military service of the United States as a member of the  army
    55  national  guard,  air  national  guard, New York guard or New York naval
    56  militia; who (i) was released from active duty by general  or  honorable

        S. 8006--C                         144                        A. 9006--C
 
     1  discharge  after  September  eleventh,  two  thousand one, or (ii) has a
     2  qualifying condition, as defined in section [three hundred fifty] one of
     3  the [executive] veterans' services law, and  has  received  a  discharge
     4  other than bad conduct or dishonorable from such service after September
     5  eleventh,  two  thousand  one, or (iii) is a discharged LGBT veteran, as
     6  defined in section [three hundred fifty] one of the  [executive]  veter-
     7  ans'  services  law, and has received a discharge other than bad conduct
     8  or dishonorable from such service after September eleventh, two thousand
     9  one;
    10    § 91. Section 295 of the town law, as amended by chapter  490  of  the
    11  laws of 2019, is amended to read as follows:
    12    §  295. Removal of remains of deceased members of armed forces. Upon a
    13  verified petition presented to a judge of a court of record by any armed
    14  forces' organization in any town or city in this state by a majority  of
    15  its  officers,  or  a  majority of any memorial committee in any town or
    16  city where there are two or more veteran armed forces' organizations, or
    17  in towns or cities where there are no veteran  armed  forces'  organiza-
    18  tions,  upon  the petition of five or more veterans of the armed forces,
    19  the judge to whom said verified petition  is  presented  shall  make  an
    20  order  to  show  cause, returnable before him or her at a time and place
    21  within the county in not less than fourteen or  more  than  twenty  days
    22  from  the  date of presentation of said petition, why the remains of any
    23  deceased members of the armed forces buried in potter's field, or in any
    24  neglected or abandoned cemeteries, should not be removed  to  and  rein-
    25  terred in a properly kept incorporated cemetery in the same town or city
    26  or  in  a  town  adjoining  the  town  or city in which the remains of a
    27  deceased member of the armed forces are buried, and to fix the amount of
    28  the expenses for such removal and reinterment, and  the  order  to  show
    29  cause shall provide for its publication in a newspaper, to be designated
    30  in  the order, which is published nearest to the cemetery from which the
    31  removal is sought to be made, once  in  each  week  for  two  successive
    32  weeks.  The verified petition presented to the judge shall show that the
    33  petitioners are a majority of the officers of  a  veteran  armed  forces
    34  organization,  or  a majority of a memorial committee in towns or cities
    35  where two or more veteran armed forces organizations exist, or that  the
    36  petitioners  are  honorably  discharged  veterans of the armed forces in
    37  towns or cities where no veteran armed forces  organization  exists,  or
    38  that  the petitioners have a qualifying condition, as defined in section
    39  [three hundred fifty] one of the [executive] veterans' services law, and
    40  received a discharge other than bad conduct or  dishonorable  from  such
    41  service  and are in towns or cities where no veteran armed forces organ-
    42  izations exist, or that the petitioners are discharged LGBT veterans, as
    43  defined in section [three hundred fifty] one of the  [executive]  veter-
    44  ans'  services  law,  and received a discharge other than bad conduct or
    45  dishonorable from such service and are in  towns  and  cities  where  no
    46  veteran  armed  forces  organizations  exist,  and  (1)  the name of the
    47  deceased member or members of the armed forces, whose remains are sought
    48  to be removed, and if known the unit in which he, she  or  they  served;
    49  (2) the name and location of the cemetery in which he or she is interred
    50  and from which removal is asked to be made; (3) the name and location of
    51  the incorporated cemetery to which the remains are desired to be removed
    52  and reinterred; (4) the facts showing the reasons for such removal. Upon
    53  the  return  day  of  the  order to show cause and at the time and place
    54  fixed in said order, upon filing proof of publication of  the  order  to
    55  show  cause  with  the judge, if no objection is made thereto, he or she
    56  shall make an order  directing  the  removal  of  the  remains  of  said

        S. 8006--C                         145                        A. 9006--C
 
     1  deceased  member  or  members of the armed forces to the cemetery desig-
     2  nated in the petition within the town or city or within a town adjoining
     3  the town or city in which the remains are then buried and shall  specify
     4  in  the order the amount of the expenses of such removal, which expenses
     5  of removal and reinterment, including  the  expense  of  the  proceeding
     6  under  this section, shall be a charge upon the county in which the town
     7  or city is situated from which the removal is  made  and  such  expenses
     8  shall  be a county charge and audited by the board of supervisors of the
     9  county and paid in the same manner as other county charges. On and after
    10  the removal and reinterment of the remains of  the  deceased  member  or
    11  members  of the armed forces in the armed forces' plot, the expenses for
    12  annual care of the grave in the armed forces' burial plot to  which  the
    13  removal  is made shall be annually provided by the town or city in which
    14  the remains were originally buried, at the rate of not to exceed  twenty
    15  dollars  per grave, and shall be paid annually to the incorporated ceme-
    16  tery association to which the remains of each  deceased  member  of  the
    17  armed forces may be removed and reinterred. The petition and order shall
    18  be filed in the county clerk's office of the county in which the remains
    19  of the deceased member of the armed forces were originally interred, and
    20  the  service  of  a  certified copy of the final order upon the cemetery
    21  association shall be made prior to any  removal.  Any  relative  of  the
    22  deceased  member  or  members of the armed forces, or the officer of any
    23  cemetery association in which the remains  of  the  deceased  member  or
    24  members of the armed forces were originally interred, or the authorities
    25  of  the  county  in which the member or members of the armed forces were
    26  originally buried, may oppose the granting of said order and  the  judge
    27  shall summarily hear the statement of the parties and make such order as
    28  the  justice  and equity of the application shall require. Any headstone
    29  or monument which marks the grave of the deceased member  of  the  armed
    30  forces  shall be removed and reset at the grave in the cemetery in which
    31  the removal is permitted to be made and in each  case  the  final  order
    32  shall  provide  the amount of the expenses of such removals and reinter-
    33  ment and resetting of the headstone or monument, including the  expenses
    34  of  the  proceedings  under this section; except that where provision is
    35  otherwise made for the purchase or erection of a new headstone, monument
    36  or marker at the grave in the cemetery to which such removal is  permit-
    37  ted, such old headstone or monument need not be so removed and reset, in
    38  which  case such final order shall not provide for the expense of reset-
    39  ting. The order shall designate the person or persons having  charge  of
    40  the  removals and reinterments. Upon completion of the removal, reinter-
    41  ment and resetting of the headstones or monuments, the person or persons
    42  having charge of the same shall make a verified report of  the  removal,
    43  reinterment  and  resetting  of  the  headstone or monument and file the
    44  report in the clerk's office of the proper county. The words "member  of
    45  the armed forces" shall be construed to mean a member of the armed forc-
    46  es  who  served in the armed forces of the United States and who (5) was
    47  honorably discharged from such service, or (6) has a  qualifying  condi-
    48  tion, as defined in section [three hundred fifty] one of the [executive]
    49  veterans'  services  law,  and  has  received a discharge other than bad
    50  conduct or dishonorable from such service, or (7) is a  discharged  LGBT
    51  veteran,  as defined in section [three hundred fifty] one of the [execu-
    52  tive] veterans' services law, and has received a  discharge  other  than
    53  bad  conduct  or  dishonorable  from  such service, and the words "armed
    54  forces plot" shall be construed to mean a plot of land in  any  incorpo-
    55  rated cemetery set apart to be exclusively used as a place for interring

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     1  the  remains  of  deceased  veterans  of  the armed forces of the United
     2  States.
     3    §  92.  Subdivision 2 of section 404-v of the vehicle and traffic law,
     4  as amended by chapter 490 of the laws of 2019, is  amended  to  read  as
     5  follows:
     6    2.  The distinctive plate authorized pursuant to this section shall be
     7  issued upon proof, satisfactory to the commissioner, that the  applicant
     8  is  a  veteran who served in the United States Naval Armed Guard and who
     9  (1) was honorably discharged from such service, or (2) has a  qualifying
    10  condition, as defined in section [three hundred fifty] one of the [exec-
    11  utive]  veterans'  services law, and has received a discharge other than
    12  bad conduct or dishonorable from such service, or (3)  is  a  discharged
    13  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    14  [executive] veterans' services law, and has received a  discharge  other
    15  than bad conduct or dishonorable from such service.
    16    §  93.  Subdivision 3 of section 404-v of the vehicle and traffic law,
    17  as amended by section 19 of part AA of chapter 56 of the laws  of  2019,
    18  is amended to read as follows:
    19    3. A distinctive plate issued pursuant to this section shall be issued
    20  in  the same manner as other number plates upon the payment of the regu-
    21  lar registration fee prescribed by section  four  hundred  one  of  this
    22  article,  provided, however, that an additional annual service charge of
    23  fifteen dollars shall be charged for such  plate.  Such  annual  service
    24  charge  shall be deposited to the credit of the Eighth Air Force Histor-
    25  ical Society fund established pursuant to section ninety-five-f  of  the
    26  state  finance  law  and shall be used for veterans' counseling services
    27  provided by local veterans' service agencies pursuant to section  [three
    28  hundred  fifty-seven] fourteen of the [executive] veterans' services law
    29  under the direction of the [division] department of veterans'  services.
    30  Provided,  however,  that  one  year  after  the  effective date of this
    31  section funds in the amount of five thousand dollars, or so much thereof
    32  as may be available, shall be allocated  to  the  department  to  offset
    33  costs associated with the production of such license plates.
    34    §  94. Paragraphs (a) and (b) of subdivision 1 of section 404-w of the
    35  vehicle and traffic law, as amended by chapter 490 of the laws of  2019,
    36  are amended to read as follows:
    37    (a)  a  person  who served in the armed forces of the United States in
    38  the hostilities that occurred in the Persian Gulf from the eleventh  day
    39  of  September, two thousand one, to the end of such hostilities, who (i)
    40  was discharged therefrom under other than  dishonorable  conditions,  or
    41  (ii)  has  a  qualifying condition, as defined in section [three hundred
    42  fifty] one of the [executive] veterans' services law, and has received a
    43  discharge other than bad conduct or dishonorable from such  service,  or
    44  (iii) is a discharged LGBT veteran, as defined in section [three hundred
    45  fifty] one of the [executive] veterans' services law, and has received a
    46  discharge other than bad conduct or dishonorable from such service; or
    47    (b)  a  person who served in the armed forces of the United States, in
    48  the hostilities that occurred in Afghanistan from the  eleventh  day  of
    49  September, two thousand one, to the end of such hostilities, who (i) was
    50  discharged  therefrom  under other than dishonorable conditions, or (ii)
    51  has a qualifying condition, as defined in section [three hundred  fifty]
    52  one  of  the  [executive]  veterans'  services  law,  and has received a
    53  discharge other than bad conduct or dishonorable from such  service,  or
    54  (iii) is a discharged LGBT veteran, as defined in section [three hundred
    55  fifty] one of the [executive] veterans' services law, and has received a
    56  discharge other than bad conduct or dishonorable from such service.

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     1    §  95.  Subdivision 3 of section 404-w of the vehicle and traffic law,
     2  as amended by chapter 490 of the laws of 2019, is  amended  to  read  as
     3  follows:
     4    3. For the purposes of this section, "Persian Gulf veteran" shall mean
     5  a person who is a resident of this state, who served in the armed forces
     6  of  the  United  States  in the hostilities that occurred in the Persian
     7  Gulf from the second day of August, nineteen hundred ninety to  the  end
     8  of such hostilities, and was (a) honorably discharged from the military,
     9  or  (b) has a qualifying condition, as defined in section [three hundred
    10  fifty] one of the [executive] veterans' services law, and has received a
    11  discharge other than bad conduct or dishonorable from such  service,  or
    12  (c)  is  a discharged LGBT veteran, as defined in section [three hundred
    13  fifty] one of the [executive] veterans' services law, and has received a
    14  discharge other than bad conduct or dishonorable from such service.
    15    § 96. Paragraphs (a) and (b) of subdivision 3 of section 404-y of  the
    16  vehicle  and traffic law, as amended by chapter 490 of the laws of 2019,
    17  are amended to read as follows:
    18    (a) "Veteran of the Iraq War" shall mean a person who is a resident of
    19  this state, who served in the armed forces of the United States  in  the
    20  hostilities that occurred in Iraq from the sixteenth day of October, two
    21  thousand two to the end of such hostilities who (i) was discharged ther-
    22  efrom  under other than dishonorable conditions or (ii) has a qualifying
    23  condition, as defined in section [three hundred fifty] one of the [exec-
    24  utive] veterans' services law, and has received a discharge  other  than
    25  bad  conduct or dishonorable from such service, or (iii) is a discharged
    26  LGBT veteran, as defined in section [three hundred  fifty]  one  of  the
    27  [executive]  veterans'  services law, and has received a discharge other
    28  than bad conduct or dishonorable from such service; and
    29    (b) "Veteran of the Afghanistan War" shall mean  a  person  who  is  a
    30  resident  of  this  state,  who served in the armed forces of the United
    31  States in the hostilities that occurred in Afghanistan from the  seventh
    32  day  of October, two thousand one to the end of such hostilities who (i)
    33  was discharged therefrom under other  than  dishonorable  conditions  or
    34  (ii)  has  a  qualifying condition, as defined in section [three hundred
    35  fifty] one of the [executive] veterans' services law, and has received a
    36  discharge other than bad conduct or dishonorable from such  service,  or
    37  (iii) is a discharged LGBT veteran, as defined in section [three hundred
    38  fifty] one of the [executive] veterans' services law, and has received a
    39  discharge other than bad conduct or dishonorable from such service.
    40    § 97. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
    41  traffic  law,  as amended by chapter 490 of the laws of 2019, is amended
    42  to read as follows:
    43    (b) The identification card shall contain a distinguishing  number  or
    44  mark and adequate space upon which an anatomical gift, pursuant to arti-
    45  cle  forty-three of the public health law, by the holder may be recorded
    46  and shall contain such other information and shall  be  issued  in  such
    47  form as the commissioner shall determine; provided, however, every iden-
    48  tification  card  or renewal thereof issued to a person under the age of
    49  twenty-one years shall have prominently imprinted thereon the  statement
    50  "UNDER  21  YEARS  OF  AGE"  in  notably  distinctive  print  or format.
    51  Provided, further, however, that every identification card issued to  an
    52  applicant  who was a member of the armed forces of the United States and
    53  (i) received an honorable discharge  or  was  released  therefrom  under
    54  honorable  conditions, or (ii) has a qualifying condition, as defined in
    55  section [three hundred fifty] one of the [executive] veterans'  services
    56  law, and has received a discharge other than bad conduct or dishonorable

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     1  from  such service, or (iii) is a discharged LGBT veteran, as defined in
     2  section [three hundred fifty] one of the [executive] veterans'  services
     3  law, and has received a discharge other than bad conduct or dishonorable
     4  from  such  service,  shall,  upon  his or her request and submission of
     5  proof as set forth herein, contain a distinguishing mark, in  such  form
     6  as  the  commissioner  shall  determine,  indicating that he or she is a
     7  veteran. Such proof  shall  consist  of  a  certificate  of  release  or
     8  discharge from active duty including but not limited to a DD Form 214 or
     9  other proof satisfactory to the commissioner. The commissioner shall not
    10  require  fees  for the issuance of such identification cards or renewals
    11  thereof to persons under twenty-one years of  age  which  are  different
    12  from  the  fees  required  for  the  issuance of identification cards or
    13  renewals thereof to persons twenty-one years of age or over, nor fees to
    14  persons requesting a veteran distinguishing  mark  which  are  different
    15  from  fees  that  would  otherwise  be required. Provided, however, that
    16  notwithstanding the provisions of section  four  hundred  ninety-one  of
    17  this article, the commissioner shall not require any fees for the dupli-
    18  cation  or  amendment  of an identification card prior to its renewal if
    19  such duplication or amendment was solely for the  purpose  of  adding  a
    20  veteran distinguishing mark to such identification card.
    21    §  98.  Paragraph (a-1) of subdivision 1 of section 504 of the vehicle
    22  and traffic law, as amended by chapter 490  of  the  laws  of  2019,  is
    23  amended to read as follows:
    24    (a-1)  Every license or renewal thereof issued to an applicant who was
    25  a member of the armed forces of the United States and who  (i)  received
    26  an  honorable discharge or was released therefrom under honorable condi-
    27  tions, or (ii) has a qualifying condition, as defined in section  [three
    28  hundred  fifty]  one  of the [executive] veterans' services law, and has
    29  received a discharge other than bad conduct or  dishonorable  from  such
    30  service,  or  (iii)  is a discharged LGBT veteran, as defined in section
    31  [three hundred fifty] one of the [executive] veterans' services law, and
    32  has received a discharge other than bad  conduct  or  dishonorable  from
    33  such  service, shall, upon his or her request and submission of proof as
    34  set forth herein, contain a distinguishing mark, in  such  form  as  the
    35  commissioner  shall  determine,  indicating that he or she is a veteran.
    36  Such proof shall consist of a certificate of release or  discharge  from
    37  active  duty  including  but not limited to a DD Form 214 or other proof
    38  satisfactory to the commissioner. The  commissioner  shall  not  require
    39  fees  for  the  issuance of such licenses or renewals thereof to persons
    40  requesting a veteran distinguishing mark which are different  from  fees
    41  otherwise   required;   provided,   however,  that  notwithstanding  the
    42  provisions of this section, the commissioner shall not require fees  for
    43  a  duplication  or  amendment  of a license prior to its renewal if such
    44  duplication or amendment was solely for the purpose of adding a  veteran
    45  distinguishing mark to such license.
    46    §  99. The second undesignated subparagraph of paragraph (a) of subdi-
    47  vision 8 of section 15 of the workers' compensation law, as  amended  by
    48  chapter 490 of the laws of 2019, is amended to read as follows:
    49    Second: That any plan which will reasonably, equitably and practically
    50  operate  to break down hindrances and remove obstacles to the employment
    51  of partially disabled persons who (i) are honorably discharged from  our
    52  armed forces, or (ii) have a qualifying condition, as defined in section
    53  [three hundred fifty] one of the [executive] veterans' services law, and
    54  received  a  discharge  other than bad conduct or dishonorable from such
    55  service, or (iii) are discharged LGBT veterans, as  defined  in  section
    56  [three hundred fifty] one of the [executive] veterans' services law, and

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     1  received  a  discharge  other than bad conduct or dishonorable from such
     2  service, or any other physically handicapped persons, is of vital impor-
     3  tance to the state and its people and is of concern to this legislature;
     4    §  100. Transfer of powers of the division of veterans' services.  The
     5  functions and powers possessed by and all of the obligations and  duties
     6  of  the division of veterans' services, as established pursuant to arti-
     7  cle 17 of the executive law and other laws,  shall  be  transferred  and
     8  assigned  to, and assumed by and devolved upon, the department of veter-
     9  ans' services.
    10    § 101. Abolition of the  division  of  veterans'  services.  Upon  the
    11  transfer  pursuant  to this act of the functions and powers possessed by
    12  and all of the obligations and  duties  of  the  division  of  veterans'
    13  services, as established pursuant to article 17 of the executive law and
    14  other laws, the division of veterans' services shall be abolished.
    15    §  102. Continuity of authority of the division of veterans' services.
    16  Except as herein otherwise provided, upon the transfer pursuant to  this
    17  act of the functions and powers possessed by, and all of the obligations
    18  and duties of, the division of veterans' services, as established pursu-
    19  ant to article 17 of the executive law and other laws, to the department
    20  of  veterans'  services  as  prescribed  by this act, for the purpose of
    21  succession, all functions, powers, duties and obligations of the depart-
    22  ment of veterans' services shall be deemed and be held to constitute the
    23  continuation of such functions, powers, duties and obligations and not a
    24  different agency.
    25    § 103. Transfer of records of the division of veterans' services. Upon
    26  the transfer pursuant to this act of the functions and powers  possessed
    27  by  and  all  of the obligations and duties of the division of veterans'
    28  services, as established pursuant to article 17 of the executive law and
    29  other laws, to the department of veterans'  services  as  prescribed  by
    30  this  act,  all  books,  papers,  records and property pertaining to the
    31  division of veterans' services shall be transferred to and maintained by
    32  the department of veterans' services.
    33    § 104. Completion of unfinished business of the division of  veterans'
    34  services.  Upon  the  transfer pursuant to this act of the functions and
    35  powers possessed by and all of the obligations and duties of  the  divi-
    36  sion of veterans' services, as established pursuant to article 17 of the
    37  executive law and other laws, to the department of veterans' services as
    38  prescribed  by  this  act,  any  business  or other matter undertaken or
    39  commenced by  the  division  of  veterans'  services  pertaining  to  or
    40  connected  with  the functions, powers, obligations and duties so trans-
    41  ferred and assigned to the department  of  veterans'  services,  may  be
    42  conducted or completed by the department of veterans' services.
    43    §  105.  Terms  occurring  in laws, contracts or other documents of or
    44  pertaining to the division of  veterans'  services.  Upon  the  transfer
    45  pursuant to this act of the functions and powers possessed by and all of
    46  the  obligations  and  duties  of the division of veterans' services, as
    47  established pursuant to article 17 of the executive law and other  laws,
    48  as  prescribed  by this act, whenever the division of veterans' services
    49  and the commissioner thereof, the  functions,  powers,  obligations  and
    50  duties of which are transferred to the department of veterans' services,
    51  are  referred to or designated in any law, regulation, contract or docu-
    52  ment pertaining to the functions, powers, obligations and duties  trans-
    53  ferred  and assigned pursuant to this act, such reference or designation
    54  shall be deemed to refer to the department of veterans' services and its
    55  commissioner.

        S. 8006--C                         150                        A. 9006--C
 
     1    § 106. (a) Wherever the term "division of veterans' services"  appears
     2  in  the  consolidated or unconsolidated laws of this state, such term is
     3  hereby changed to "department of veterans' services".
     4    (b)  The  legislative  bill  drafting commission is hereby directed to
     5  effectuate this provision, and  shall  be  guided  by  a  memorandum  of
     6  instruction  setting forth the specific provisions of law to be amended.
     7  Such memorandum shall be transmitted to the  legislative  bill  drafting
     8  commission  within sixty days of enactment of this provision. Such memo-
     9  randum shall be issued jointly by the governor, the temporary  president
    10  of  the  senate  and  the speaker of the assembly, or by the delegate of
    11  each.
    12    § 107. Existing rights and remedies of or pertaining to  the  division
    13  of  veterans'  services.   Upon the transfer pursuant to this act of the
    14  functions and powers possessed by and all of the obligations and  duties
    15  of  the division of veterans' services, as established pursuant to arti-
    16  cle 17 of the executive law and other laws, to the department of  veter-
    17  ans'  services as prescribed by this act, no existing right or remedy of
    18  the state, including the division of veterans' services, shall be  lost,
    19  impaired or affected by reason of this act.
    20    §  108.  Pending actions and proceedings of or pertaining to the divi-
    21  sion of veterans' services. Upon the transfer pursuant to  this  act  of
    22  the  functions  and  powers  possessed by and all of the obligations and
    23  duties of the division of veterans' services, as established pursuant to
    24  article 17 of the executive law and other laws,  to  the  department  of
    25  veterans'  services  as  prescribed by this act, no action or proceeding
    26  pending on the effective date of this act, brought  by  or  against  the
    27  division  of  veterans'  services  or  the commissioner thereof shall be
    28  affected by any provision of this act, but the same may be prosecuted or
    29  defended in the name of the  New  York  state  department  of  veterans'
    30  services.  In  all  such  actions  and  proceedings,  the New York state
    31  department of veterans' services, upon application to the  court,  shall
    32  be substituted as a party.
    33    §  109.  Continuation of rules and regulations of or pertaining to the
    34  division of veterans' services. Upon the transfer pursuant to  this  act
    35  of  the  functions  and  powers possessed by and all the obligations and
    36  duties of the division of veterans' services, as established pursuant to
    37  article 17 of the executive law and other laws,  to  the  department  of
    38  veterans'  services  as  prescribed by this act, all rules, regulations,
    39  acts, orders, determinations,  decisions,  licenses,  registrations  and
    40  charters  of the division of veterans' services, pertaining to the func-
    41  tions transferred and assigned by this act to the department  of  veter-
    42  ans'  services,  in  force  at  the  time  of such transfer, assignment,
    43  assumption or devolution shall continue in force and  effect  as  rules,
    44  regulations,  acts,  determinations  and  decisions of the department of
    45  veterans' services until duly modified or repealed.
    46    § 110. Transfer of appropriations heretofore made to the  division  of
    47  veterans' services.  Upon the transfer pursuant to this act of the func-
    48  tions  and  powers possessed by and all of the obligations and duties of
    49  the division of veterans' services, as established pursuant  to  article
    50  17  of  the executive law and other laws, to the department of veterans'
    51  services as prescribed by this act, all appropriations  and  reappropri-
    52  ations  which  shall  have  been  made  available as of the date of such
    53  transfer to the division of veterans' services or segregated pursuant to
    54  law, to the extent of  remaining  unexpended  or  unencumbered  balances
    55  thereof, whether allocated or unallocated and whether obligated or unob-
    56  ligated, shall be transferred to and made available for use and expendi-

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     1  ture  by  the  department  of veterans' services and shall be payable on
     2  vouchers certified or approved  by  the  commissioner  of  taxation  and
     3  finance,  on  audit  and warrant of the comptroller. Payments of liabil-
     4  ities  for  expenses  of  personnel  services, maintenance and operation
     5  which shall have been incurred as of the date of such  transfer  by  the
     6  division  of  veterans' services, and for liabilities incurred and to be
     7  incurred in completing its affairs shall also be made on vouchers certi-
     8  fied or approved by the commissioner of veterans' services, on audit and
     9  warrant of the comptroller.
    10    § 111. Transfer of employees. Upon the transfer pursuant to  this  act
    11  of  the  functions  and  powers  possessed by and all of the division of
    12  veterans' services, as established pursuant to article 17 of the  execu-
    13  tive  law  and  other  laws,  to the department of veterans' services as
    14  prescribed by this act, provision shall be made for the transfer of  all
    15  employees from the division of veterans' services into the department of
    16  veterans' services.  Employees so transferred shall be transferred with-
    17  out  further  examination or qualification to the same or similar titles
    18  and shall remain in the  same  collective  bargaining  units  and  shall
    19  retain their respective civil service classifications, status and rights
    20  pursuant  to their collective bargaining units and collective bargaining
    21  agreements.
    22    § 112. Severability. If any clause, sentence,  paragraph,  section  or
    23  part  of  this act shall be adjudged by any court of competent jurisdic-
    24  tion to be invalid, such judgment shall not affect, impair or invalidate
    25  the remainder thereof, but shall be confined in  its  operation  to  the
    26  clause,  sentence,  paragraph, section or part thereof directly involved
    27  in the controversy in which such judgment shall have been rendered.
    28    § 113. This act shall take effect April 1,  2023;  provided,  however,
    29  that  the  amendments  to  subdivision (l) of section 7.09 of the mental
    30  hygiene law made by section fifteen of this act  shall  not  affect  the
    31  repeal  of  such subdivision and shall be deemed repealed therewith; and
    32  provided further that the amendments to paragraph j of subdivision 1 and
    33  subdivisions 6 and 6-d of section 163 of the state finance law  made  by
    34  section  twenty-eight  of  this  act shall not affect the repeal of such
    35  section and shall be deemed  to  be  repealed  therewith;  and  provided
    36  further that the amendments to paragraph 5 of subdivision (b) of section
    37  5.06  of  the  mental hygiene law made by section fourteen-a of this act
    38  shall take effect on the same date and in the same manner as  section  2
    39  of  chapter  4  of  the laws of 2022, takes effect; and provided further
    40  that the amendments to subdivision 3 of section 103-a of the state tech-
    41  nology law made by section thirty-one of this act shall not  affect  the
    42  repeal  of  such  section  and shall be deemed to be repealed therewith.
    43  Effective immediately, the addition, amendment and/or repeal of any rule
    44  or regulation necessary for the implementation of this act on its effec-
    45  tive date are authorized to be made on or before such date.
 
    46                                   PART QQ
 
    47    Section 1. This act shall be known and may be  cited  as  the  "ethics
    48  commission reform act of 2022".
    49    §  2. Section 94 of the executive law is REPEALED and a new section 94
    50  is added to read as follows:
    51    § 94.   Commission on ethics and  lobbying  in  government.    1.  (a)
    52  Commission  established.  There is hereby established within the depart-
    53  ment of state, a commission on ethics and  lobbying  in  government,  an
    54  agency  responsible  for  administering, enforcing, and interpreting New

        S. 8006--C                         152                        A. 9006--C
 
     1  York state's ethics and lobbying laws.   The commission shall  have  and
     2  exercise the powers and duties set forth in this section with respect to
     3  statewide elected officials, members of the legislature and employees of
     4  the legislature, and state officers and employees as defined in sections
     5  seventy-three,  seventy-three-a, and seventy-four of the public officers
     6  law, candidates for statewide elected  office  and  for  the  senate  or
     7  assembly,  and the political party chair as is defined in section seven-
     8  ty-three of the public officers law, lobbyists and the clients of lobby-
     9  ists as defined in section one-c of the legislative law, and individuals
    10  who have formerly held such positions,  were  lobbyists  or  clients  of
    11  lobbyists  as  defined  in  section one-c of the legislative law, or who
    12  have formerly been such candidates.
    13    (b) The commission shall provide for the transfer, assumption or other
    14  disposition of the records, property, and  personnel  affected  by  this
    15  section, and it is further provided, should any employees be transferred
    16  from  the  joint  commission on public ethics ("JCOPE"), the predecessor
    17  ethics agency, to the commission, that such  transfer  will  be  without
    18  further  examination  or  qualification  and such employees shall retain
    19  their respective civil service classifications,  status  and  collective
    20  bargaining agreements.
    21    (c)  The  commission  shall  review  any  pending inquiries or matters
    22  affected by this section and shall establish policies to address them.
    23    (d) The commission shall undertake a comprehensive review of all regu-
    24  lations in effect upon the effective date of this section; and review of
    25  all advisory opinions of predecessor ethics agencies,  including  JCOPE,
    26  the  legislative  ethics commission, the commission on public integrity,
    27  the state ethics commission,  and  the  temporary  lobbying  commission,
    28  which  will  address  the  consistency  of such regulations and advisory
    29  opinions among each other and with the new statutory  language,  and  of
    30  the effectiveness of the existing laws, regulations, guidance and ethics
    31  enforcement structure.
    32    (e)  This section shall not be deemed to have revoked or rescinded any
    33  regulations or advisory opinions in effect on the effective date of this
    34  section that were issued by predecessor ethics and lobbying bodies.  The
    35  commission shall cooperate, consult, and coordinate with the legislative
    36  ethics commission, to the extent possible, to administer and enforce the
    37  laws under its jurisdiction.
    38    (f) The annual budget submitted by the governor shall separately state
    39  the recommended appropriations for the commission on ethics and lobbying
    40  in  government.  Upon  enactment, these separately stated appropriations
    41  for the commission on ethics and lobbying in  government  shall  not  be
    42  decreased  by  interchange with any other appropriation, notwithstanding
    43  section fifty-one of the state finance law.
    44    2. Definitions. For the purposes of this section, the following  terms
    45  shall have the following meanings:
    46    (a)  "commission"  means  the  commission  on ethics   and lobbying in
    47  government established pursuant to subdivision  one of this section.
    48    (b) "selection members" means the governor, speaker of  the  assembly,
    49  temporary president of the senate, minority leader of the senate, minor-
    50  ity leader of the assembly, comptroller, and the attorney general.
    51    (c) "independent review committee" means  the  committee of the Ameri-
    52  can Bar Association accredited New York state law school deans or inter-
    53  im deans, or their designee who is an associate dean of their respective
    54  law  school, tasked with reviewing, approving, or denying the members of
    55  the commission as nominated by the selection  members  and  other  tasks
    56  pursuant to this section.

        S. 8006--C                         153                        A. 9006--C
 
     1    (d)  "respondent"  means the individual or individuals or organization
     2  or organizations subject to an inquiry,  investigation,  or  enforcement
     3  action.
     4    (e) "victim" means any individual that has suffered or alleged to have
     5  suffered direct harm from any violation of law that is subject to inves-
     6  tigation under the jurisdiction of the commission.
     7    3.  Nomination  and appointment of the commission.  (a) The commission
     8  shall consist of eleven   members, to  be  nominated  by  the  selection
     9  members  as  follows:  three members by the governor; two members by the
    10  temporary president of the senate; one member by the minority leader  of
    11  the  senate; two   members by the speaker of the assembly; one member by
    12  the minority leader of the assembly; one member by the attorney general;
    13  and one member by the comptroller.
    14    (b) The independent review committee shall within thirty  days  review
    15  the  qualifications of the nominated candidates and approve or deny each
    16  candidate nominated by their respective selection member.
    17    (c) The independent review committee shall publish on  its  website  a
    18  procedure  by  which  it will review the qualifications of the nominated
    19  candidate and approve or deny each candidate.
    20    (d) Those candidates that the independent review  committee  deems  to
    21  meet  the  qualifications  necessary  for the services required based on
    22  their background and expertise that relate to the candidate's  potential
    23  service on the commission shall be appointed as a commission member. The
    24  nominating  selection  member  shall  nominate a new candidate for those
    25  that are denied by the independent review committee.
    26    (e) No individual shall be eligible for nomination and appointment  as
    27  a  member of the commission who is currently, or has within the last two
    28  years:
    29    (i) been registered as a lobbyist in New York state;
    30    (ii) been a member or employee of the New York  state  legislature,  a
    31  statewide  elected  official,  or  a commissioner of an executive agency
    32  appointed by the governor;
    33    (iii) been a political party chair, as  defined  in  section  seventy-
    34  three of the public officers law; or
    35    (iv)  been  a state officer or employee as defined in section seventy-
    36  three of the public officers law.
    37    (f) The independent review committee shall convene  as  needed  or  as
    38  requested by the selection members.  The chair of the independent review
    39  committee  shall  be  elected from the members of the independent review
    40  committee.
    41    (g) Appropriate staffing and other resources shall be provided for  in
    42  the    commission's budget for the independent review committee to carry
    43  out its powers, functions, and duties. The independent review  committee
    44  shall  publish  on the commission's website a procedure by which it will
    45  review and select the commission members and other processes to effectu-
    46  ate its responsibilities under this section.
    47    (h) The majority of the independent review committee shall  constitute
    48  a quorum to hold a meeting and conduct official business.
    49    (i)  During  the  pendency of the review and approval or denial of the
    50  candidates, the independent review committee shall  be  subject  to  and
    51  maintain  confidentiality in all independent review committee processes,
    52  reviews, analyses, approvals, and denials.  A member of the  independent
    53  review  committee  may  be removed by majority vote of the committee for
    54  substantial neglect of duty, misconduct, violation of the confidentiali-
    55  ty restrictions set forth in this section, inability  to  discharge  the

        S. 8006--C                         154                        A. 9006--C

     1  powers  or  duties  of the committee or violation of this section, after
     2  written notice and opportunity for a reply.
     3    (j)  Upon  the receipt of the selection members' appointments, members
     4  of the independent review committee shall disclose  to  the  independent
     5  review  committee any personal, professional, financial, or other direct
     6  or indirect relationships a member of the independent  review  committee
     7  may  have  with an appointee. If the independent review committee deter-
     8  mines a conflict of interest exists, such independent  review  committee
     9  member  shall,  in  writing, notify the other members of the independent
    10  review committee of the possible conflict. The member may  recuse  them-
    11  self  from all subsequent involvement in the consideration of and action
    12  upon the appointment. If, after disclosure, the member does  not  recuse
    13  themself  from the matter, the independent review committee, by majority
    14  vote finding the disclosed information creates a substantial conflict of
    15  interest, may remove the conflicted member from further consideration of
    16  and action upon the appointment.
    17    (k) Notwithstanding the provisions of  article  seven  of  the  public
    18  officers law, no meeting or proceeding of the independent review commit-
    19  tee  shall be open to the public, except the applicable records pertain-
    20  ing to the review and selection  process for a member's  seat  shall  be
    21  subject to disclosure pursuant to article six of the public officers law
    22  only  after  an  individual  member  is  appointed  to  the  commission.
    23  Requests for such records shall be   made  to,  and  processed  by,  the
    24  commission's records access officer.
    25    (l)  The independent review committee shall neither be public officers
    26  nor be subject to the requirements of the public officers law.
    27    (m) Notwithstanding subdivision (l) of this section,  the  independent
    28  review committee members shall be entitled to representation, indemnifi-
    29  cation,  and  to be held harmless to the same extent as any other person
    30  employed in service of the state and entitled  to  such  coverage  under
    31  sections  seventeen  and  nineteen  of the public officers law, provided
    32  however, that any independent review committee member removed due  to  a
    33  violation  of  paragraph  (i)  of this subdivision shall not qualify for
    34  such entitlements.
    35    4. Commission. (a) The first class of members of the commission  shall
    36  serve  staggered  terms to ensure continuity. For the first class of the
    37  commission,  five  members  shall  serve a term of four   years,   three
    38  members shall  serve  a  term of two years, and one member shall serve a
    39  term of one year. All subsequent members shall  serve  a  term  of  four
    40  years.  No member   shall   be   selected  to  the  commission  for more
    41  than two full consecutive terms, except that a member who has held   the
    42  position   by filling  a  vacancy can only be selected to the commission
    43  for an additional two full consecutive terms.
    44    (b) The  commission  by majority vote shall elect a  chairperson  from
    45  among its members for a term of two years. A chairperson may be  elected
    46  to no more than two terms for such office.
    47    (c)  Members of the commission may be removed by majority vote  of the
    48  commission for  substantial  neglect  of  duty,  misconduct  in  office,
    49  violation    of  the  confidentiality  restrictions  set  forth  in this
    50  section, inability to discharge the powers  or  duties  of   office   or
    51  violation   of  this section, after written notice and opportunity for a
    52  reply.
    53    (d)  Any  vacancy  occurring  on the commission shall be filled within
    54  thirty days of its occurrence in the same manner as a member is initial-
    55  ly selected to complete the vacant term.

        S. 8006--C                         155                        A. 9006--C
 
     1    (e) During the period of a member's service as a member of the commis-
     2  sion, the member shall refrain from making,  or  soliciting  from  other
     3  persons,   any contributions to candidates, political action committees,
     4  political parties or committees, newsletter funds, or  political  adver-
     5  tisements  for  election to the offices of governor, lieutenant   gover-
     6  nor, member of the assembly  or the senate, attorney  general  or  state
     7  comptroller.
     8    (f) Members of the commission shall receive a per diem allowance equal
     9  to the salary of a justice of the supreme court divided by  two  hundred
    10  twenty for each day or each pro-rated day actually spent in the perform-
    11  ance  of the member's duties under this section, and, in addition there-
    12  to,  shall be reimbursed for all reasonable expenses actually and neces-
    13  sarily  incurred by the member in the performance of the member's duties
    14  under this section. For the purposes of this subdivision,  a  day  shall
    15  consist of at least seven and one-half hours spent in the performance of
    16  the member's duties under this section.
    17    (g)  The  commission shall meet at least quarterly and additionally as
    18  called by the chairperson, or upon the call of a majority of the members
    19  of the commission.  The commission shall be subject to articles six  and
    20  seven of the public officers law.
    21    (h)  A  majority  of  the members of the commission shall constitute a
    22  quorum, and the commission shall have the power to act by majority  vote
    23  of the total number of members of the commission without vacancy.
    24    (i)  The  commission  shall  hold  a public hearing at least once each
    25  calendar  year  to   take testimony   regarding   the operation  of  the
    26  commission  and  solicit  public  input  regarding potential or proposed
    27  changes  in  the  laws  under  its jurisdiction.
    28    5. Powers. (a) The commission has the authority to:  (i) adopt, amend,
    29  and rescind any rules and regulations  pertaining  to  section  seventy-
    30  three,  seventy-three-a  or seventy-four of   the  public  officers law,
    31  article one-A of the legislative law, or section one  hundred  seven  of
    32  the  civil service law; (ii) adopt, amend, and rescind any procedures of
    33  the commission, including but not limited to, procedures for advice  and
    34  guidance, training, filing, review, and enforcement of financial disclo-
    35  sure  statements, investigations, enforcement, and due process hearings;
    36  and (iii) develop and promulgate any programs for reviews, training, and
    37  guidance to carry out the commission's mission.
    38    (b) The commission  shall adopt and post on its website guidance docu-
    39  ments detailing  the  processes  and  procedures  of  an  investigation,
    40  including  the  stages  of  an  investigation;  timelines, including the
    41  reasons for any potential delays in an investigation;  the  hearing  and
    42  adjudication  process;  outcomes of an investigation; and, anything else
    43  the commission deems  necessary to inform the public as well as relevant
    44  parties to an    investigation    including  complainants,  respondents,
    45  victims, if any, and witnesses as to such  processes and procedures. The
    46  guidance  documents  shall  delineate  the processes and procedures that
    47  apply to  the relevant parties, including,  where  applicable,  the  due
    48  process  and  any  other  rights or remedies that the relevant party may
    49  have under the commission's procedures or any other  area  of  law.  The
    50  guidance documents shall be provided to the  relevant party of an inves-
    51  tigation upon such party's involvement in such investigation.
    52    (c)  The  commission  has  the  authority  to  compel the testimony of
    53  witnesses, and may administer oaths or affirmations, subpoena witnesses,
    54  compel their attendance and require  the  production  of  any  books  or
    55  records which it may deem relevant or material.
    56    6. Executive director and commission staff.  The commission shall:

        S. 8006--C                         156                        A. 9006--C
 
     1    (a)  (i)  Appoint an executive director through a majority vote of the
     2  members of the commission, who shall act in accordance with the policies
     3  of the commission. The executive director  shall  be  appointed  without
     4  regard  to  political  affiliation and solely on the basis of fitness to
     5  perform the duties assigned by this section, and meet the qualifications
     6  necessary for the services required based on their background and exper-
     7  tise that relate to the candidate's potential service to the commission.
     8  No individual shall be eligible to be appointed as an executive director
     9  if the individual is currently, or within the last two years has been:
    10    (1) registered as a lobbyist in New York state;
    11    (2) a member or employee of the New York state legislature or a state-
    12  wide  elected  official,  or  a  commissioner  of  an  executive  agency
    13  appointed by the governor; or
    14    (3) a political party chair, as defined in  section  seventy-three  of
    15  the public officers law.
    16    (ii)  The  appointment  and removal of the executive director shall be
    17  made by a majority vote of the commission.
    18    (iii) The term of office of the executive director shall be four years
    19  from the date of appointment. The salary of the executive director shall
    20  be determined by the members of the commission based on experience.
    21    (iv) The commission may remove the executive director for  neglect  of
    22  duty,   misconduct   in   office,   violation   of  the  confidentiality
    23  restrictions in this section, or inability or failure to  discharge  the
    24  powers  or  duties of office, including the failure to follow the lawful
    25  instructions of the commission.
    26    (b) The commission may delegate authority to the executive director to
    27  act in the name of the commission between  meetings  of  the  commission
    28  provided such delegation is in writing, the specific powers to be deleg-
    29  ated are enumerated, and the commission shall not delegate any decisions
    30  specified in this section that require a vote of the commission.
    31    (c)  The  commission,  through the executive director, shall establish
    32  units within the commission to carry out it duties, including,  but  not
    33  limited to, (i) an advice and guidance unit, (ii) a training unit, (iii)
    34  a  financial  disclosure unit, (iv) a lobbying unit, and (v) an investi-
    35  gations and enforcement unit.
    36    (d) The commission, through the executive director, shall appoint such
    37  other staff as are necessary to carry out its duties under this section,
    38  including, but not limited to, a deputy director of an advice and  guid-
    39  ance  unit  to  provide timely confidential advice to persons subject to
    40  the commission's jurisdiction, a deputy director for training, a  deputy
    41  director  for  investigations and enforcement, and a deputy director for
    42  lobbying.
    43    (e) In addition  to  meeting  the  qualifications  necessary  for  the
    44  services  required  for  the position, the deputy  director for investi-
    45  gations and enforcement shall have completed  substantial  training  and
    46  have  experience  in  trauma-informed  approaches  to investigations and
    47  enforcement. The deputy   director for  investigations  and  enforcement
    48  shall  complete  a minimum of four hours of training annually in trauma-
    49  informed approaches to investigations and  enforcement.  Such  trainings
    50  may  include,  but  not  be  limited  to,  the  impact  of trauma, first
    51  impression matters, victim  interviews,  investigative  strategies,  and
    52  alcohol and drug facilitated cases.
    53    (f)  The  commission, through the executive director, shall review and
    54  approve a staffing plan provided and prepared by the executive  director
    55  which shall contain, at a minimum, a list of the various units and divi-
    56  sions  as well as the number of positions in each unit, titles and their

        S. 8006--C                         157                        A. 9006--C
 
     1  duties, and salaries, as well as the  various  qualifications  for  each
     2  position.
     3    7.  Advice  and guidance. (a) The commission shall establish a unit or
     4  units solely for ethics and lobbying guidance,  and  give  such  prompt,
     5  informal  advice to   persons   whose  conduct  it oversees, except with
     6  respect to members of the legislature and legislative staff,  who  shall
     7  seek  advice  from  the  legislative  ethics  commission  in  the  first
     8  instance.
     9    (b) Persons receiving such informal advice may  rely  on  that  advice
    10  absent misrepresentation or omission of material facts to the commission
    11  and   such communications with the commission shall be treated as confi-
    12  dential, except as disclosure is needed   to   prevent   or rectify    a
    13  crime   or   fraud,  or prevent a substantial threat to public health or
    14  safety or if required by court order.
    15    (c) The commission may also render, on written request or on  its  own
    16  initiative, advisory  opinions, and may allow for public comment  before
    17  issuance  of  an  advisory  opinion.    Such  an opinion rendered by the
    18  commission shall be relied on  by  those  subject  to  the  commission's
    19  jurisdiction  and  until,  or  unless,  amended, superseded, or revoked.
    20  Such  opinion may also be relied upon by any such  person,  and  may  be
    21  introduced and shall be a defense, in any criminal or civil action.
    22    8.  Training. The commission shall establish a training unit and shall
    23  develop and administer an on-going program for the education and  train-
    24  ing  in  ethics and lobbying for those subject to the provisions of this
    25  section, as follows:
    26    (a) The commission shall develop and administer  a  comprehensive  and
    27  interactive  live-in  person  or  live-online ethics training course and
    28  shall designate and train instructors to  conduct  such  training.  Such
    29  live  course  shall  be designed to include practical application of the
    30  material covered and a question-and-answer participatory segment. Unless
    31  the commission grants an extension  or  waiver  for  good  cause  shown,
    32  statewide elected officials, members of the legislature and employees of
    33  the legislature, and state officers and employees as defined in sections
    34  seventy-three,  seventy-three-a, and seventy-four of the public officers
    35  law, and the political party chair as is  defined  in  section  seventy-
    36  three  of the public officers law, shall complete the live course within
    37  ninety days of appointment or employment and  shall  complete  the  live
    38  course every two years subsequently.
    39    (b)  The  commission  shall  develop  and  administer an online ethics
    40  refresher course for all individuals listed under  subparagraph  (i)  of
    41  this  paragraph  who  have  previously completed the live course.   Such
    42  refresher course shall be designed to include any changes in law,  regu-
    43  lation, or policy or in the interpretation thereof, and practical appli-
    44  cation  of the material covered.  Unless the commission grants an exten-
    45  sion or waiver for good cause shown, such individuals  shall  take  such
    46  refresher  course once every year after having completed the live course
    47  under paragraph (a) of this subdivision.
    48    (c) The commission shall develop and administer an online  live  ques-
    49  tion and answer course for agency ethics officers.
    50    (d)  The  commission shall develop and administer training courses for
    51  lobbyists and clients of lobbyists.
    52    (e) The provisions of this subdivision  shall  be  applicable  to  the
    53  legislature  except  to  the  extent  that an ethics training program is
    54  otherwise established by the assembly and/or senate for their respective
    55  members and employees and such program meets  or  exceeds  each  of  the
    56  requirements set forth in this subdivision.

        S. 8006--C                         158                        A. 9006--C
 
     1    (f)  On  an  annual  basis,  the  commission, in coordination with the
     2  legislative ethics commission, shall determine the status of  compliance
     3  with  the  training  requirements  under  this subdivision by each state
     4  agency and by the senate and  the  assembly.  Such  determination  shall
     5  include  aggregate  statistics  regarding participation in such training
     6  and shall be reported on a quarterly  basis  to  the  governor  and  the
     7  legislature in writing.
     8    9.  Financial  disclosure statements.  (a) The commission may delegate
     9  all or part of review, inquiry and advice in this section to  the  staff
    10  under the supervision of the executive director.
    11    (b) The commission shall make available forms for annual statements of
    12  financial  disclosure required   to  be filed pursuant to section seven-
    13  ty-three-a of the public officers law.
    14    (c) The commission shall review the financial disclosure statements of
    15  the statewide elected officials and members of  the  legislature  within
    16  sixty  days of their filings to determine, among other things, deficien-
    17  cies and conflicts.
    18    (d) The commission shall  review  on  a  random  basis  the  financial
    19  disclosure statements for filers who are not statewide elected officials
    20  and members of the legislature.
    21    (e)  The commission shall review financial disclosure statements filed
    22  in  accordance  with the  provisions  of this section  and  (i)  inquire
    23  into  any  disclosed  conflict  to  recommend  how  best to address such
    24  conflict; and
    25    (ii) ascertain whether any person subject to  the  reporting  require-
    26  ments  of  section seventy-three-a of the public officers law has failed
    27  to file such a statement, has filed a deficient statement or has filed a
    28  statement which reveals a possible violation of  section  seventy-three,
    29  seventy-three-a or seventy-four of the public officers law.
    30    (f) If a person required to file a financial disclosure statement with
    31  the  commission has failed to file a disclosure statement or has filed a
    32  deficient statement, the commission shall notify the reporting person in
    33  writing, state the failure to file or detail the deficiency, provide the
    34  person with a fifteen-day period to cure the deficiency, and advise  the
    35  person  of  the  penalties  for  failure  to  comply  with the reporting
    36  requirements.  This first notice of deficiency shall be confidential. If
    37  the person fails to make such filing or fails  to  cure  the  deficiency
    38  within  the specified time period, the commission shall send a notice of
    39  delinquency (i) to the reporting person; (ii) in the case of a statewide
    40  elected official, to the chief of staff  or  counsel  to  the  statewide
    41  elected  official; (iii) in the case of a member of the legislature or a
    42  legislative employee, to the temporary president of the senate  and  the
    43  speaker  of  the  assembly;  and  (iv)  in  the case of a state officer,
    44  employee or board member, to the appointing authority for  such  person.
    45  Such  notice of delinquency may be sent at any time during the reporting
    46  person's service as a  statewide  elected  official,  state  officer  or
    47  employee, member of the assembly or the senate, or a legislative employ-
    48  ee or a political party chair or while a candidate for statewide office,
    49  or  within  one  year after termination of such service or candidacy.  A
    50  copy of any notice of delinquency or report shall  be  included  in  the
    51  reporting  person's  file  and  be available for public  inspection  and
    52  copying pursuant to the provisions of this section.  The jurisdiction of
    53  the commission, when acting pursuant to this subdivision with respect to
    54  financial disclosure, shall continue for two years notwithstanding  that
    55  the  reporting  person  separates  from state service, or ceases to hold
    56  public or political party office, or ceases to be a candidate,  provided

        S. 8006--C                         159                        A. 9006--C
 
     1  the  commission  notifies  such person of the alleged failure to file or
     2  deficient filing pursuant to this subdivision.
     3    (g)  The  commission  shall  adopt a procedure whereby a person who is
     4  required to file an  annual  financial  disclosure  statement  with  the
     5  commission  may  request  an  additional  period of time within which to
     6  file  such statement, other than members of the legislature,  candidates
     7  for  members of the legislature and legislative employees, due to justi-
     8  fiable cause or undue hardship.
     9    (h) The commission may permit any person who is  required  to  file  a
    10  financial   disclosure statement with the commission to request that the
    11  commission delete from  the  copy  thereof  made  available  for  public
    12  inspection  and  copying  one or more  items of information which may be
    13  deleted by the commission upon a finding  by  the  commission  that  the
    14  information  which would otherwise  be required  to  be  made  available
    15  for public inspection and copying will have no material bearing  on  the
    16  discharge  of  the  reporting  person's official duties. If such request
    17  for  deletion  is denied, the commission, in its notification of denial,
    18  shall inform the person of their  right  to  appeal    the  commission's
    19  determination in a proceeding commenced against the commission, pursuant
    20  to article seventy-eight of the civil  practice law and rules.
    21    (i)  The  commission may permit   any person who is required to file a
    22  financial  disclosure  statement  with  the  commission  to  request  an
    23  exemption from any  requirement  to  report  one or more items of infor-
    24  mation  which  pertain  to  such  person's  spouse, domestic partner, or
    25  unemancipated children which   item or items  may  be  exempted  by  the
    26  commission upon a finding by the commission  that the reporting individ-
    27  ual's  spouse, domestic partner, on their own behalf, or on behalf of an
    28  unemancipated child, objects to providing the information  necessary  to
    29  make  such  disclosure and that the  information  which  would otherwise
    30  be   required to be reported shall  have  no  material  bearing  on  the
    31  discharge  of    the   reporting   person's   official duties.   If such
    32  request for exemption is denied, the commission, in its notification  of
    33  denial,  shall  inform  the  person of their right to appeal the commis-
    34  sion's determination, pursuant to article  seventy-eight  of  the  civil
    35  practice law and rules.
    36    (j)  The commission may permit any person required to file a financial
    37  disclosure statement to request an exemption  from  any  requirement  to
    38  report  the identity of a client pursuant to the question under subpara-
    39  graph (b) of paragraph eight of subdivision three of section    seventy-
    40  three-a   of   the   public officers law in such statement based upon an
    41  exemption set forth in such question. The reporting individual need  not
    42  seek  an  exemption  to  refrain from   disclosing   the identity of any
    43  client with respect to any matter where they or  their  firm    provided
    44  legal  representation  to  the  client  in connection with  an  investi-
    45  gation   or  prosecution  by law enforcement authorities, bankruptcy, or
    46  domestic   relations   matters.   In   addition,  clients  or  customers
    47  receiving  medical or dental services, mental health services,  residen-
    48  tial   real   estate   brokering   services,    or  insurance  brokering
    49  services need not be disclosed. Pending  any application for deletion or
    50  exemption  to  the  commission  relating  to  the  filing of a financial
    51  disclosure  statement, all information which is the subject or  part  of
    52  the application shall remain confidential. Upon an adverse determination
    53  by    the   commission, the   reporting individual may request, and upon
    54  such request the commission shall provide, that any information that  is
    55  the subject or part  of the  application remain confidential for a peri-
    56  od  of  thirty days following notice of such determination. In the event

        S. 8006--C                         160                        A. 9006--C
 
     1  that the reporting  individual   resigns their   office   and  holds  no
     2  other office subject to the jurisdiction of the commission, the informa-
     3  tion shall not be made public and shall be expunged in its entirety.
     4    (k) The commission shall permit any person who has not been determined
     5  by  the person's  appointing authority  to  hold  a  policy-making posi-
     6  tion,  but  who  is otherwise required  to  file  a   financial  disclo-
     7  sure    statement   to   request   an exemption from such requirement in
     8  accordance with rules and regulations governing   such exemptions.  Such
     9  rules  and regulations shall provide for exemptions to be granted either
    10  on the application of an  individual  or on  behalf of persons who share
    11  the same job title or employment  classification  which  the  commission
    12  deems  to be   comparable   for  purposes  of this  section.  Such rules
    13  and regulations may permit the granting of an exemption  where,  in  the
    14  discretion  of  the commission, the public  interest  does  not  require
    15  disclosure  and  the  applicant's duties do not involve the negotiation,
    16  authorization or approval of:
    17    (i) contracts, leases, franchises,  revocable  consents,  concessions,
    18  variances,  special  permits,  or  licenses as such terms are defined in
    19  section seventy-three of the public officers law;
    20    (ii)  the purchase, sale, rental or lease of real  property,  goods or
    21  services, or a contract therefor;
    22    (iii) the obtaining of grants of money or loans; or
    23    (iv) the adoption or repeal of any rule or regulation having the force
    24  and effect of law.
    25    10. Investigation and enforcement.  (a) The commission  shall  receive
    26  complaints   and referrals alleging violations of section seventy-three,
    27  seventy-three-a or seventy-four of  the  public   officers law,  article
    28  one-A  of the legislative law, or section one hundred seven of the civil
    29  service law.
    30    (b) Upon the receipt of a complaint, referral, or the commencement  of
    31  an  investigation,  members  of  the  commission  shall  disclose to the
    32  commission any personal, professional, financial,  or  other  direct  or
    33  indirect  relationships  a  member  of  the  commission  may have with a
    34  complainant or respondent. If any commissioner determines a conflict  of
    35  interest may exist, the commissioner shall, in writing, notify the other
    36  members  of the commission setting forth the possible conflict of inter-
    37  est. The commissioner may recuse themself from all  subsequent  involve-
    38  ment in the consideration and determination of the matter. If, after the
    39  disclosure,  the  commissioner does not recuse themself from the matter,
    40  the commission, by a majority vote finding that the  disclosed  informa-
    41  tion  creates  a  substantial  conflict  of  interest,  shall remove the
    42  conflicted commissioner from all subsequent involvement in the consider-
    43  ation and determination of the matter, provided the reason for the deci-
    44  sion is clearly stated in the determination of the commission.
    45    (c) The commission shall conduct any investigation necessary to  carry
    46  out the provisions of this section. Pursuant to this power and duty, the
    47  commission  may  administer  oaths  or affirmations, subpoena witnesses,
    48  compel their attendance and testimony, and require the production of any
    49  books or records which it may deem relevant or material.  The commission
    50  may, by a majority vote and pursuant to regulations adopted pursuant  to
    51  the state administrative procedure act, delegate to the executive direc-
    52  tor the authority to issue subpoenas, provided that the executive direc-
    53  tor first notify the chair of the commission.
    54    (d) The commission staff shall review and investigate, as appropriate,
    55  any information in the nature of a complaint or referral received by the
    56  commission  or initiated by the commission, including through its review

        S. 8006--C                         161                        A. 9006--C
 
     1  of media reports and other information,  where  there  is  specific  and
     2  credible  evidence  that  a violation of section seventy-three, seventy-
     3  three-a, or seventy-four of the public officers law, section one hundred
     4  seven  of  the civil service law or article one-A of the legislative law
     5  by a person or entity subject to  the  jurisdiction  of  the  commission
     6  including  members  of  the  legislature  and  legislative employees and
     7  candidates for members of the legislature.
     8    (e) The commission shall notify the  complainant,  if  any,  that  the
     9  commission has received their complaint.
    10    (f)  If,  following a preliminary review of any complaint or referral,
    11  the commission or commission staff decides to elevate  such  preliminary
    12  review  into  an  investigation, written notice shall be provided to the
    13  respondent setting forth, to the extent the commission is able  to,  the
    14  possible   or  alleged  violation  or  violations  of  such  law  and  a
    15  description of the allegations against the respondent and the  evidence,
    16  if any, already gathered pertaining to such allegations, provided howev-
    17  er  that  any information that may, in the judgment of the commission or
    18  staff, either be prejudicial to the complainant or compromise the inves-
    19  tigation shall be redacted. The respondent shall have fifteen days  from
    20  receipt  of  the  written  notice to provide any preliminary response or
    21  information the respondent determines  may  benefit  the  commission  or
    22  commission  staff  in  its work. After the review and investigation, the
    23  staff shall prepare a report to the commission setting forth the allega-
    24  tion or allegations made, the evidence gathered in the review and inves-
    25  tigation tending to support and disprove,  if  any,  the  allegation  or
    26  allegations,  the  relevant law, and a recommendation for the closing of
    27  the matter as unfounded or unsubstantiated, for  settlement,  for  guid-
    28  ance,  or  moving  the matter to a confidential due process hearing. The
    29  commission shall, by majority vote, return the matter to the  staff  for
    30  further investigation or accept or reject the staff recommendation.
    31    (g) In an investigation involving a victim the commission shall ensure
    32  that  any  interview  of   such victim is upon such victim's consent and
    33  that the investigator or investigators  interviewing  such  victim  have
    34  adequate  trauma informed and victim centered investigative training. If
    35  a victim is requested to testify at  a  hearing,  the  commission  shall
    36  provide  sufficient  notice to the victim of such request. Regardless of
    37  whether a victim is requested to or testifies at a hearing,  the  victim
    38  shall  be informed as to how any statements made or information provided
    39  will be used in an investigation.
    40    (h) Upon the conclusion of an investigation, if the commission,  after
    41  consideration  of a staff report, determines by majority vote that there
    42  is credible evidence of a violation of the laws under its  jurisdiction,
    43  it shall provide the respondent timely notice for a due process hearing.
    44  The  commission  shall also inform the respondent of its rules regarding
    45  the conduct of adjudicatory proceedings and appeals and  the  other  due
    46  process  procedural  mechanisms available to the respondent.  If after a
    47  hearing the complaint is unsubstantiated or  unfounded,  the  commission
    48  shall  provide  written  notice to the  respondent, complainant, if any,
    49  and victim, if any, provided that such  notice  shall  not  include  any
    50  personally  identifying  information  or information tending to identify
    51  any party involved in an investigation.
    52    (i) The hearing shall be conducted before an  independent  arbitrator.
    53  Such  hearing  shall afford the respondent with a reasonable opportunity
    54  to appear in person, and by  attorney,  give  sworn  testimony,  present
    55  evidence, and cross-examine witnesses.

        S. 8006--C                         162                        A. 9006--C
 
     1    (j)  The commission may, at any time, develop procedures and rules for
     2  resolution of de minimus  or  minor  violations  that  can  be  resolved
     3  outside of the enforcement process, including the sending of a confiden-
     4  tial guidance or educational letter.
     5    (k)  The  jurisdiction  of the commission when acting pursuant to this
     6  section shall continue notwithstanding that a statewide elected official
     7  or a state officer or employee or member of the legislature or  legisla-
     8  tive  employee  separates from state service, or a political party chair
     9  ceases to hold such office, or a candidate ceases to be a candidate,  or
    10  a  lobbyist or client of a lobbyist ceases to act as such, provided that
    11  the commission  notifies  such  individual  or  entity  of  the  alleged
    12  violation  of law within two years from the individual's separation from
    13  state service or termination of party service or candidacy, or from  the
    14  last  report  filed  pursuant  to  article one-A of the legislative law.
    15  Nothing in this section shall serve to limit  the  jurisdiction  of  the
    16  commission  in enforcement of subdivision eight of section seventy-three
    17  of the public officers law.
    18    (l) If the commission's vote to proceed to a due process hearing after
    19  the completion of an investigation does not carry, the commission  shall
    20  provide  written  notice of the decision to the respondent, complainant,
    21  if any, and victim, if any, provided that such notice shall not  include
    22  any personally identifying information or information tending to identi-
    23  fy any party involved in an investigation.
    24    (m) If the commission determines a complaint or referral lacks specif-
    25  ic  and credible evidence of a violation of the laws under its jurisdic-
    26  tion, or a matter is closed due to the allegations being unsubstantiated
    27  prior to a vote by the commission, such records and all related material
    28  shall be exempt from public disclosure under article six of  the  public
    29  officers  law,  except the commission's vote shall be publicly disclosed
    30  in accordance with articles six and seven of the  public  officers  law.
    31  The  commission  shall  provide  written  notice of such closure to  the
    32  respondent, complainant, if any, or victim, if any, provided  that  such
    33  notice  shall  not  include  any  personally  identifying information or
    34  information tending to identify any party involved in an investigation.
    35    (n) (i) An individual subject to the jurisdiction  of  the  commission
    36  who  knowingly and intentionally violates the provisions of subdivisions
    37  two through five-a, seven, eight, twelve or fourteen  through  seventeen
    38  of section seventy-three of the public officers law, section one hundred
    39  seven  of the civil service law, or a reporting individual who knowingly
    40  and willfully fails to file an annual statement of financial  disclosure
    41  or  who  knowingly  and  willfully  with intent to deceive makes a false
    42  statement or fraudulent omission or gives information which  such  indi-
    43  vidual knows to be false on such statement of financial disclosure filed
    44  pursuant to section seventy-three-a of the public officers law, shall be
    45  subject  to  a  civil  penalty in an amount not to exceed forty thousand
    46  dollars and the value of any gift, compensation or benefit received as a
    47  result of such violation.
    48    (ii) An  individual  who  knowingly  and  intentionally  violates  the
    49  provisions  of  paragraph a, b, c, d, e, g, or i of subdivision three of
    50  section seventy-four of the public officers law, shall be subject  to  a
    51  civil  penalty  in  an amount not to exceed ten thousand dollars and the
    52  value of any gift, compensation or benefit received as a result of  such
    53  violation.
    54    (iii)  An individual subject to the jurisdiction of the commission who
    55  knowingly and willfully violates article one-A of  the  legislative  law
    56  shall be subject to civil penalty as provided for in that article.

        S. 8006--C                         163                        A. 9006--C
 
     1    (iv)  With  respect to a potential violation of any criminal law where
     2  the commission finds sufficient cause by a majority vote, it shall refer
     3  such matter to the appropriate law  enforcement  authority  for  further
     4  investigation.
     5    (v)  In assessing the amount of the civil penalties to be imposed, the
     6  commission shall consider the seriousness of the violation,  the  amount
     7  of  gain to the individual and whether the individual previously had any
     8  civil or criminal penalties imposed pursuant to this  section,  and  any
     9  other factors the commission deems appropriate.
    10    (vi)  A civil penalty for false filing shall not be imposed under this
    11  subdivision in the event a category  of  "value"  or  "amount"  reported
    12  hereunder  is  incorrect  unless  such  reported  information is falsely
    13  understated.
    14    (vii) Notwithstanding any other provision of law to the  contrary,  no
    15  other  penalty,  civil or criminal may be imposed for a failure to file,
    16  or for a false filing, of such statement, or a violation of  subdivision
    17  six  of  section seventy-three of the public officers law or section one
    18  hundred seven of the civil service law, except that the  commission  may
    19  recommend  that  the  individual  in  violation  of  such subdivision or
    20  section be disciplined.
    21    (o) The commission shall be deemed to be an agency within the  meaning
    22  of  article  three  of  the state administrative procedure act and shall
    23  adopt rules  governing  the  conduct  of  adjudicatory  proceedings  and
    24  appeals  taken pursuant to a proceeding commenced under article seventy-
    25  eight of the civil practice law and rules relating to the assessment  of
    26  the  civil penalties or the recommendation of employee discipline herein
    27  authorized.  Such rule shall provide for due  process  procedural  mech-
    28  anisms  substantially similar to those set forth in article three of the
    29  state administrative procedure act but such mechanisms need not be iden-
    30  tical in terms or scope.
    31    (p) (i) The commission shall have  jurisdiction  to  investigate,  but
    32  shall  have  no  jurisdiction  to  impose  penalties  or discipline upon
    33  members of or candidates for member of the  legislature  or  legislative
    34  employees  for  any  violation of the public officers law or section one
    35  hundred seven of the civil service law. If, after  investigation  and  a
    36  due  process  hearing,  the  commission has found, by a majority vote, a
    37  substantial basis to conclude that a member  of  the  legislature  or  a
    38  legislative  employee  or  candidate  for  member of the legislature has
    39  violated any provisions of such laws, it shall prepare a written  report
    40  of  its  findings  and  provide a copy of that report to the legislative
    41  ethics commission, and to such individual in violation of such law.  The
    42  commission shall provide to the legislative ethics commission copies  of
    43  the full investigative file and hearing record.
    44    (ii)  With respect to the investigation of any individual who is not a
    45  member of the legislature or a legislative  employee  or  candidate  for
    46  member  of  the  legislature, if after its investigation and due process
    47  hearing, the commission has found, by a  majority  vote,  a  substantial
    48  basis  to conclude that the individual or entity has violated the public
    49  officers law, section one hundred seven of the civil service law, or the
    50  legislative law, the commission shall determine whether, in addition  to
    51  or  in lieu of any fine authorized by this article, the matter should be
    52  referred to their employer for discipline with  a  warning,  admonition,
    53  censure, suspension or termination or other appropriate discipline. With
    54  regard  to  statewide  elected  officials,  the commission may not order
    55  suspension or termination but may recommend impeachment. The  commission
    56  shall  then  issue  a report containing its determinations including its

        S. 8006--C                         164                        A. 9006--C
 
     1  findings of fact and conclusions of law to the complainant and  respond-
     2  ent.  The  commission  shall  publish  such report on its website within
     3  twenty days of its delivery to the complainant and respondent.
     4    11.  Confidentiality. (a) When an individual becomes a commissioner or
     5  staff of the commission, such individual shall be  required  to  sign  a
     6  non-disclosure statement.
     7    (b) Except as otherwise required or provided by law, or when necessary
     8  to    inform  the  complainant or respondent of the alleged violation of
     9  law, if any, of the status of an investigation, testimony  received,  or
    10  any other information obtained by a commissioner or staff of the commis-
    11  sion,  shall  not  be  disclosed by any such individual to any person or
    12  entity outside of the commission during the pendency of any matter.  Any
    13  confidential  communication  to any person or entity outside the commis-
    14  sion related to the matters before the commission shall  occur  only  as
    15  authorized  by  the  commission.  For  the  purposes  of this paragraph,
    16  "matter" shall mean any complaint,  review,  inquiry,  or  investigation
    17  into alleged violations of this chapter.
    18    (c) The commission shall establish procedures necessary to prevent the
    19  unauthorized disclosure of any information received by any member of the
    20  commission  or  staff of the commission. Any breaches of confidentiality
    21  may be investigated by the New York state office of the inspector gener-
    22  al, attorney general, or other  appropriate  law  enforcement  authority
    23  upon  a majority vote of the commission to refer, and appropriate action
    24  shall be taken.
    25    (d) Any commission member or person employed  by  the  commission  who
    26  intentionally  and  without authorization releases confidential informa-
    27  tion received or generated by the commission shall be guilty of a  class
    28  A misdemeanor.
    29    12.  Annual  report.  (a)  The  commission shall make an annual public
    30  report summarizing the activities of the commission during the  previous
    31  year  and  recommending any changes in the laws governing the conduct of
    32  persons subject to the jurisdiction of the  commission,  or  the  rules,
    33  regulations  and  procedures  governing  the  commission's conduct. Such
    34  report shall include, but is not limited to:
    35    (i) information on the number and type of complaints received  by  the
    36  commission and the status of such complaints;
    37    (ii) information on the number of investigations pending and nature of
    38  such investigations;
    39    (iii)  where  a  matter  has been resolved, the date and nature of the
    40  disposition and any sanction imposed; provided, however, that such annu-
    41  al report shall not contain any information for which disclosure is  not
    42  permitted pursuant to this section or other laws;
    43    (iv)  information  regarding  financial  disclosure compliance for the
    44  preceding year; and
    45    (v) information regarding  lobbying  law  filing  compliance  for  the
    46  preceding year.
    47    (b)  Such  a  report  shall be filed in the office of the governor and
    48  with the legislature on or before the first day of April for the preced-
    49  ing year.
    50    13. Website. (a) Within one hundred twenty days of the effective  date
    51  of this section, the commission shall update JCOPE's publicly accessible
    52  website  which shall set forth the procedure for filing a complaint with
    53  the commission, the filing of financial disclosure statements  filed  by
    54  state  officers  or  employees  or  legislative employees, the filing of
    55  statements required by article one-A of the  legislative  law,  and  any

        S. 8006--C                         165                        A. 9006--C
 
     1  other  records  or  information  which  the  commission determines to be
     2  appropriate.
     3    (b) The commission shall post on its website the following documents:
     4    (i)  the  information  set  forth  in an annual statement of financial
     5  disclosure filed pursuant to section seventy-three-a of the public offi-
     6  cers law except information deleted pursuant to paragraph (g) of  subdi-
     7  vision  nine  of this section of statewide elected officials and members
     8  of the legislature;
     9    (ii) notices of  delinquency  sent  under  subdivision  nine  of  this
    10  section;
    11    (iii)  notices  of  civil assessments imposed under this section which
    12  shall include a description of the nature of the alleged wrongdoing, the
    13  procedural history of the complaint,  the  findings  and  determinations
    14  made by the commission, and any sanction imposed;
    15    (iv)  the  terms  of  any  settlement  or compromise of a complaint or
    16  referral which includes a fine, penalty or other remedy;
    17    (v) those required to be held or maintained publicly available  pursu-
    18  ant to article one-A of the legislative law; and
    19    (vi) reports issued by the commission pursuant to this section.
    20    14.  Additional  powers.    In addition to any other powers and duties
    21  specified by law, the commission shall have the power and duty to admin-
    22  ister and enforce all the provisions of this section.
    23    15. Severability.  If any part or provision of  this  section  or  the
    24  application thereof to any person or organization is adjudged by a court
    25  of  competent  jurisdiction to be unconstitutional or otherwise invalid,
    26  such judgment shall not affect or impair any other part or provision  or
    27  the  application  thereof to any other person or organization, but shall
    28  be confined in its operation to such part or provision.
    29    § 3. Subdivision (f) of section 1-c of the legislative law, as amended
    30  by chapter 14 of the laws of 2007, is amended to read as follows:
    31    (f) The term "commission" shall mean the commission on [public  integ-
    32  rity]  ethics  and lobbying in government created by section ninety-four
    33  of the executive law.
    34    § 4. Subdivisions 7, 9, 10, 12 and 13 of section 80 of the legislative
    35  law, subdivisions 7, 9, 12 and 13 as amended and subdivision 10 as added
    36  by section 9 of part A of chapter 399 of the laws of 2011,  are  amended
    37  to read as follows:
    38    7. The commission shall:
    39    a.  Appoint an executive director who shall act in accordance with the
    40  policies of the commission, provided that the commission may remove  the
    41  executive director for neglect of duty, misconduct in office, or inabil-
    42  ity or failure to discharge the powers or duties of office;
    43    b. Appoint such other staff as are necessary to assist it to carry out
    44  its duties under this section;
    45    c.  Adopt, amend, and rescind policies, rules and regulations consist-
    46  ent with this section to govern procedures of the commission which shall
    47  not be subject to the promulgation and hearing requirements of the state
    48  administrative procedure act;
    49    d. Administer the provisions of this section;
    50    e. Specify the procedures whereby a person who is required to file  an
    51  annual financial disclosure statement with the commission may request an
    52  additional  period  of  time within which to file such statement, due to
    53  justifiable cause or undue hardship; such  rules  or  regulations  shall
    54  provide  for  a  date  beyond which in all cases of justifiable cause or
    55  undue hardship no further extension of time will be granted;

        S. 8006--C                         166                        A. 9006--C
 
     1    f. Promulgate guidelines to assist appointing authorities in determin-
     2  ing which persons hold policy-making positions for purposes  of  section
     3  seventy-three-a of the public officers law and may promulgate guidelines
     4  to  assist  firms,  associations and corporations in separating affected
     5  persons  from  net  revenues  for purposes of subdivision ten of section
     6  seventy-three of the public officers law, and promulgate  guidelines  to
     7  assist  any  firm,  association  or  corporation in which any present or
     8  former statewide elected official, state officer or employee, member  of
     9  the  legislature  or legislative employee, or political party [chairman]
    10  chair is a member, associate, retired member, of counsel or shareholder,
    11  in complying with the provisions of subdivision ten of section  seventy-
    12  three  of the public officers law with respect to the separation of such
    13  present or former statewide elected official, state officer or employee,
    14  member of the legislature or legislative employee,  or  political  party
    15  [chairman]  chair  from  the  net  revenues  of the firm, association or
    16  corporation. Such firm, association or corporation shall not be required
    17  to adopt the procedures contained in the guidelines to establish compli-
    18  ance with subdivision ten of section seventy-three of the  public  offi-
    19  cers  law,  but if such firm, association or corporation does adopt such
    20  procedures, it shall be deemed to be in compliance with such subdivision
    21  ten;
    22    g. Make available forms for financial disclosure  statements  required
    23  to  be  filed  pursuant  to subdivision six of section seventy-three and
    24  section seventy-three-a of the public officers law as  provided  by  the
    25  [joint] commission on [public] ethics and lobbying in government;
    26    h.  Review  financial  disclosure  statements  in  accordance with the
    27  provisions of this section, provided however, that  the  commission  may
    28  delegate  all  or  part  of  the  review  function relating to financial
    29  disclosure  statements  filed  by  legislative  employees  pursuant   to
    30  sections seventy-three and seventy-three-a of the public officers law to
    31  the  executive  director  who  shall be responsible for completing staff
    32  review of such statements in a manner consistent with the terms  of  the
    33  commission's delegation;
    34    i.  Upon  written request from any person who is subject to the juris-
    35  diction of the commission and  the  requirements  of  sections  seventy-
    36  three,  seventy-three-a  and  seventy-four  of  the public officers law,
    37  render formal advisory opinions on the requirements of said  provisions.
    38  A  formal  written  opinion rendered by the commission, until and unless
    39  amended or revoked, shall be binding on the legislative  ethics  commis-
    40  sion  in  any  subsequent proceeding concerning the person who requested
    41  the opinion and who acted in good  faith,  unless  material  facts  were
    42  omitted  or misstated by the person in the request for an opinion.  Such
    43  opinion may also be relied upon by such person, and  may  be  introduced
    44  and  shall  be  a  defense  in any criminal or civil action. The [joint]
    45  commission on [public] ethics  and  lobbying  in  government  shall  not
    46  investigate  an  individual  for  potential violations of law based upon
    47  conduct approved and covered in its entirety by such an opinion,  except
    48  that  such opinion shall not prevent or preclude an investigation of and
    49  report to the legislative ethics commission concerning  the  conduct  of
    50  the  person who obtained it by the [joint] commission on [public] ethics
    51  and lobbying in government  for  violations  of  section  seventy-three,
    52  seventy-three-a  or seventy-four of the public officers law to determine
    53  whether the person accurately and fully represented to  the  legislative
    54  ethics  commission the facts relevant to the formal advisory opinion and
    55  whether the person's conduct conformed to those factual representations.
    56  The [joint] commission on ethics and lobbying  in  government  shall  be

        S. 8006--C                         167                        A. 9006--C
 
     1  authorized   and   shall  have  jurisdiction  to  investigate  potential
     2  violations of the law arising from conduct outside of the scope  of  the
     3  terms of the advisory opinion; and
     4    j.  Issue  and  publish  generic  advisory opinions covering questions
     5  frequently posed to the commission, or questions common to  a  class  or
     6  defined  category  of  persons, or that will tend to prevent undue repe-
     7  tition of requests or undue complication,  and  which  are  intended  to
     8  provide  general  guidance  and  information  to  persons subject to the
     9  commission's jurisdiction;
    10    k. Develop educational materials and training with regard to  legisla-
    11  tive  ethics  for  members  of the legislature and legislative employees
    12  including an online ethics orientation course for newly-hired  employees
    13  and,  as requested by the senate or the assembly, materials and training
    14  in relation to a comprehensive ethics training program; and
    15    l. Prepare an annual report to the governor and legislature  summariz-
    16  ing the activities of the commission during the previous year and recom-
    17  mending any changes in the laws governing the conduct of persons subject
    18  to  the  jurisdiction  of  the commission, or the rules, regulations and
    19  procedures  governing  the  commission's  conduct.  Such  report   shall
    20  include:  (i)  a listing by assigned number of each complaint and report
    21  received from the [joint] commission on [public] ethics and lobbying  in
    22  government  which  alleged a possible violation within its jurisdiction,
    23  including the current status of each complaint, and (ii) where a  matter
    24  has  been resolved, the date and nature of the disposition and any sanc-
    25  tion imposed,  subject  to  the  confidentiality  requirements  of  this
    26  section.  Such annual report shall not contain any information for which
    27  disclosure is not permitted  pursuant  to  subdivision  twelve  of  this
    28  section.
    29    9.  (a)  An  individual  subject to the jurisdiction of the commission
    30  with respect to the imposition of penalties  who  knowingly  and  inten-
    31  tionally  violates  the  provisions  of subdivisions two through five-a,
    32  seven, eight, twelve, fourteen or fifteen of  section  seventy-three  of
    33  the  public  officers  law  or  a reporting individual who knowingly and
    34  wilfully fails to file an annual statement of  financial  disclosure  or
    35  who  knowingly  and wilfully with intent to deceive makes a false state-
    36  ment or gives information which such individual knows  to  be  false  on
    37  such  statement of financial disclosure filed pursuant to section seven-
    38  ty-three-a of the public officers law shall be subject to a civil penal-
    39  ty in an amount not to exceed forty thousand dollars and  the  value  of
    40  any  gift,  compensation  or  benefit  received  as  a  result  of  such
    41  violation. Any such individual who knowingly and intentionally  violates
    42  the  provisions of paragraph a, b, c, d, e, g, or i of subdivision three
    43  of section seventy-four of the public officers law shall be subject to a
    44  civil penalty in an amount not to exceed ten thousand  dollars  and  the
    45  value  of any gift, compensation or benefit received as a result of such
    46  violation. Assessment of a civil penalty hereunder shall be made by  the
    47  commission  with  respect  to  persons  subject  to its jurisdiction. In
    48  assessing the amount of the civil penalties to be imposed,  the  commis-
    49  sion shall consider the seriousness of the violation, the amount of gain
    50  to the individual and whether the individual previously had any civil or
    51  criminal  penalties  imposed  pursuant  to  this  section, and any other
    52  factors the commission  deems  appropriate.  For  a  violation  of  this
    53  section,  other than for conduct which constitutes a violation of subdi-
    54  vision twelve, fourteen or fifteen of section seventy-three  or  section
    55  seventy-four  of the public officers law, the legislative ethics commis-
    56  sion may, in lieu of  or  in  addition  to  a  civil  penalty,  refer  a

        S. 8006--C                         168                        A. 9006--C
 
     1  violation  to  the  appropriate prosecutor and upon such conviction, but
     2  only after such referral, such violation shall be punishable as a  class
     3  A  misdemeanor.  Where  the  commission finds sufficient cause, it shall
     4  refer  such  matter  to  the appropriate prosecutor. A civil penalty for
     5  false filing may not be imposed hereunder in the  event  a  category  of
     6  "value" or "amount" reported hereunder is incorrect unless such reported
     7  information  is falsely understated. Notwithstanding any other provision
     8  of law to the contrary, no other  penalty,  civil  or  criminal  may  be
     9  imposed for a failure to file, or for a false filing, of such statement,
    10  or a violation of subdivision six of section seventy-three of the public
    11  officers  law, except that the appointing authority may impose discipli-
    12  nary action as otherwise provided by law. The legislative ethics commis-
    13  sion shall be deemed to be an agency within the meaning of article three
    14  of the state administrative procedure act and shall adopt rules  govern-
    15  ing  the  conduct of adjudicatory proceedings and appeals taken pursuant
    16  to a proceeding commenced under article seventy-eight of the civil prac-
    17  tice law and rules relating to the assessment  of  the  civil  penalties
    18  herein authorized. Such rules, which shall not be subject to the promul-
    19  gation  and  hearing  requirements of the state administrative procedure
    20  act, shall provide for due process procedural  mechanisms  substantially
    21  similar  to  those  set  forth in such article three but such mechanisms
    22  need not be identical in terms or scope. Assessment of a  civil  penalty
    23  shall  be final unless modified, suspended or vacated within thirty days
    24  of imposition, with respect to the assessment of such penalty, or unless
    25  such denial of request is reversed within such  time  period,  and  upon
    26  becoming  final  shall  be  subject  to  review  at  the instance of the
    27  affected reporting individuals in a  proceeding  commenced  against  the
    28  legislative  ethics commission, pursuant to article seventy-eight of the
    29  civil practice law and rules.
    30    (b) Not later than [forty-five] twenty  calendar  days  after  receipt
    31  from  the  [joint] commission on [public] ethics and lobbying in govern-
    32  ment of  a  written  substantial  basis  investigation  report  and  any
    33  supporting  documentation  or  other materials regarding a matter before
    34  the commission pursuant to [subdivision fourteen-a of]  section  ninety-
    35  four  of the executive law, unless requested by a law enforcement agency
    36  to suspend the commission's action because of an ongoing criminal inves-
    37  tigation, the legislative  ethics  commission  shall  make  public  such
    38  report in its entirety; provided, however, that the commission may with-
    39  hold  such  information  for  not more than one additional period of the
    40  same duration or refer the matter back  to  the  [joint]  commission  on
    41  [public]  ethics and lobbying in government once for additional investi-
    42  gation, in which case the legislative ethics commission shall, upon  the
    43  termination of such additional period or upon receipt of a new report by
    44  the  [joint]  commission  on  [public] ethics and lobbying in government
    45  after such additional investigation, make public the written report  and
    46  publish  it  on  the  commission's  website.  If  the legislative ethics
    47  commission fails to make public the written  report  received  from  the
    48  [joint]  commission  on  ethics and lobbying in government in accordance
    49  with this paragraph, the [joint] commission on ethics  and  lobbying  in
    50  government  shall release such report publicly promptly and in any event
    51  no later than ten  days  after  the  legislative  ethics  commission  is
    52  required to release such report. The legislative ethics commission shall
    53  not  refer  the matter back to the [joint] commission on [public] ethics
    54  and lobbying in government for additional investigation more than  once.
    55  If  the  commission  refers the matter back to the [joint] commission on
    56  ethics and lobbying  in  government  for  additional  fact-finding,  the

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     1  [joint  commission's]  commission on ethics and lobbying in government's
     2  original report shall remain confidential.
     3    10.  Upon  receipt  of a written report from the [joint] commission on
     4  [public] ethics and lobbying in government pursuant to subdivision four-
     5  teen-a of section seventy-three of the public officers law, the legisla-
     6  tive ethics commission shall commence its review of the matter addressed
     7  in such report. No later than ninety days after receipt of such  report,
     8  the  legislative ethics commission shall dispose of the matter by making
     9  one or more of the following determinations:
    10    a. whether the legislative ethics commission concurs with  the  [joint
    11  commission's]  commission on ethics and lobbying in government's conclu-
    12  sions of law and the reasons therefor;
    13    b. whether and which penalties have been assessed pursuant to applica-
    14  ble law or rule and the reasons therefor; and
    15    c. whether further actions have been taken by the commission to punish
    16  or deter the misconduct at issue and the reasons therefor.
    17    The  commission's  disposition  shall  be  reported  in  writing   and
    18  published  on  its website no later than ten days after such disposition
    19  unless requested by a law enforcement agency to suspend the commission's
    20  action because of an ongoing criminal investigation.
    21    12. a. Notwithstanding the provisions of article  six  of  the  public
    22  officers  law,  the only records of the commission which shall be avail-
    23  able for public inspection and copying are:
    24    (1) the terms of any settlement or compromise of a complaint or refer-
    25  ral or report which includes a fine, penalty  or  other  remedy  reached
    26  after  the  commission has received a report from the [joint] commission
    27  on [public] ethics and lobbying in government pursuant  to  [subdivision
    28  fourteen-a of] section ninety-four of the executive law;
    29    (2) generic advisory opinions;
    30    (3) all reports required by this section; and
    31    (4)  all  reports  received  from  the  [joint] commission on [public]
    32  ethics and lobbying in government pursuant  to  [subdivision  fourteen-a
    33  of]  section  ninety-four  of  the executive law and in conformance with
    34  paragraph (b) of subdivision [nine-b] nine of this section.
    35    b. Notwithstanding the provisions of article seven of the public offi-
    36  cers law, no meeting or proceeding of the commission shall  be  open  to
    37  the  public,  except  if expressly provided otherwise by this section or
    38  the commission.
    39    13. Within one hundred twenty days  of  the  effective  date  of  this
    40  subdivision,  the  commission  shall  create  and  thereafter maintain a
    41  publicly accessible website which shall  set  forth  the  procedure  for
    42  filing  a  complaint  with the [joint] commission on [public] ethics and
    43  lobbying in government, and which shall contain  any  other  records  or
    44  information which the commission determines to be appropriate.
    45    § 5. Paragraphs (c), (d) and (d-1) of subdivision 1 of section 73-a of
    46  the public officers law, paragraphs (c) and (d) as amended and paragraph
    47  (d-1)  as  added  by  section  5 of part A of chapter 399 of the laws of
    48  2011, are amended to read as follows:
    49    (c) The term "state officer or employee" shall mean:
    50    (i) heads of state departments and their deputies and assistants;
    51    (ii) officers and employees of statewide elected  officials,  officers
    52  and  employees of state departments, boards, bureaus, divisions, commis-
    53  sions, councils or other state agencies, who receive annual compensation
    54  in excess of the filing rate established by paragraph (l) of this subdi-
    55  vision or who hold policy-making positions, as  annually  determined  by
    56  the  appointing  authority  and  set forth in a written instrument which

        S. 8006--C                         170                        A. 9006--C
 
     1  shall be filed with the [joint] commission on [public] ethics and lobby-
     2  ing in government established by section ninety-four  of  the  executive
     3  law during the month of February, provided, however, that the appointing
     4  authority  shall  amend  such  written instrument after such date within
     5  thirty days after the undertaking of policy-making responsibilities by a
     6  new employee or any other employee whose name did not appear on the most
     7  recent written instrument; and
     8    (iii) members or directors of public authorities,  other  than  multi-
     9  state  authorities, public benefit corporations and commissions at least
    10  one of whose members is appointed by the governor, and employees of such
    11  authorities, corporations and commissions  who  receive  annual  compen-
    12  sation in excess of the filing rate established by paragraph (l) of this
    13  subdivision  or who hold policy-making positions, as determined annually
    14  by the appointing authority and set forth in a written instrument  which
    15  shall be filed with the [joint] commission on [public] ethics and lobby-
    16  ing  in  government  established by section ninety-four of the executive
    17  law during the month of February, provided, however, that the appointing
    18  authority shall amend such written instrument  after  such  date  within
    19  thirty days after the undertaking of policy-making responsibilities by a
    20  new employee or any other employee whose name did not appear on the most
    21  recent written instrument.
    22    (d) The term "legislative employee" shall mean any officer or employee
    23  of  the  legislature  who  receives annual compensation in excess of the
    24  filing rate established by paragraph (l) below or who is  determined  to
    25  hold  a  policy-making position by the appointing authority as set forth
    26  in a written instrument which shall be filed with the legislative ethics
    27  commission and the [joint] commission on [public] ethics and lobbying in
    28  government.
    29    (d-1) A financial disclosure statement required  pursuant  to  section
    30  seventy-three  of  this article and this section shall be deemed "filed"
    31  with the [joint] commission on [public] ethics and lobbying  in  govern-
    32  ment upon its filing, in accordance with this section, with the legisla-
    33  tive  ethics  commission for all purposes including, but not limited to,
    34  [subdivision fourteen of] section  ninety-four  of  the  executive  law,
    35  subdivision  nine  of section eighty of the legislative law and subdivi-
    36  sion four of this section.
    37    § 6. Subdivision 1 of section 73-a  of  the  public  officers  law  is
    38  amended by adding a new paragraph (e-1) to read as follows:
    39    (e-1)  The  term  "domestic  partner"  shall  mean  a person who, with
    40  respect to another person, is formally a party in a domestic partnership
    41  or similar relationship with the other person, entered into pursuant  to
    42  the  laws  of the United States or any state, local or foreign jurisdic-
    43  tion, or registered as the domestic partner of the other person with any
    44  registry maintained by the employer of either party or any state,  muni-
    45  cipality, or foreign jurisdiction.
    46    §  7.  Subdivision  2  of  section 73-a of the public officers law, as
    47  amended by section 5 of part A of chapter 399 of the laws  of  2011,  is
    48  amended to read as follows:
    49    2.  (a)  Every  statewide elected official, state officer or employee,
    50  member of the legislature,  legislative  employee  and  political  party
    51  [chairman] chair and every candidate for statewide elected office or for
    52  member  of  the  legislature shall file an annual statement of financial
    53  disclosure containing the information and  in  the  form  set  forth  in
    54  subdivision three of this section. On or before the fifteenth day of May
    55  with  respect  to  the  preceding calendar year: (1) every member of the
    56  legislature, every candidate for member of the legislature and  legisla-

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     1  tive  employee  shall  file  such  statement with the legislative ethics
     2  commission which shall provide such statement along  with  any  requests
     3  for exemptions or deletions to the [joint] commission on [public] ethics
     4  and  lobbying  in government for filing and rulings with respect to such
     5  requests for exemptions or deletions, on or before the thirtieth day  of
     6  June;  and  (2)  all  other  individuals required to file such statement
     7  shall file it with the [joint] commission on [public] ethics and  lobby-
     8  ing in government, except that:
     9    (i)  a  person  who  is  subject to the reporting requirements of this
    10  subdivision and who timely filed with the internal  revenue  service  an
    11  application  for automatic extension of time in which to file his or her
    12  individual income tax return for the immediately preceding  calendar  or
    13  fiscal  year  shall be required to file such financial disclosure state-
    14  ment on or before May fifteenth but may, without being subjected to  any
    15  civil penalty on account of a deficient statement, indicate with respect
    16  to  any  item  of the disclosure statement that information with respect
    17  thereto is lacking but will be supplied in a supplementary statement  of
    18  financial  disclosure, which shall be filed on or before the seventh day
    19  after the expiration of the period of such automatic extension  of  time
    20  within  which  to  file such individual income tax return, provided that
    21  failure to file or to timely file such supplementary statement of finan-
    22  cial disclosure or the filing of an incomplete or deficient supplementa-
    23  ry statement of financial disclosure shall be subject to the notice  and
    24  penalty  provisions  of  this  section  respecting  annual statements of
    25  financial disclosure as if such supplementary statement were  an  annual
    26  statement;
    27    (ii)  a  person who is required to file an annual financial disclosure
    28  statement with the [joint] commission on [public] ethics and lobbying in
    29  government, and who is granted an additional period of time within which
    30  to file such statement due to justifiable cause or  undue  hardship,  in
    31  accordance  with required rules and regulations [on the subject] adopted
    32  pursuant to [paragraph c of subdivision nine of] section ninety-four  of
    33  the executive law shall file such statement within the additional period
    34  of  time granted; and the legislative ethics commission shall notify the
    35  [joint] commission on [public] ethics and lobbying in government of  any
    36  extension granted pursuant to this paragraph;
    37    (iii)  candidates for statewide office who receive a party designation
    38  for nomination by a state committee pursuant to  section  6-104  of  the
    39  election law shall file such statement within ten days after the date of
    40  the meeting at which they are so designated;
    41    (iv)  candidates  for statewide office who receive twenty-five percent
    42  or more of the vote cast at the meeting  of  the  state  committee  held
    43  pursuant  to  section  6-104  of the election law and who demand to have
    44  their names placed on the primary ballot and who do not withdraw  within
    45  fourteen  days  after  such meeting shall file such statement within ten
    46  days after the last day to withdraw their names in accordance  with  the
    47  provisions of such section of the election law;
    48    (v)  candidates  for statewide office and candidates for member of the
    49  legislature who file party designating petitions  for  nomination  at  a
    50  primary  election  shall  file  such statement within ten days after the
    51  last day allowed by law for the filing of  party  designating  petitions
    52  naming them as candidates for the next succeeding primary election;
    53    (vi)  candidates  for  independent nomination who have not been desig-
    54  nated by a party to receive a nomination shall file such statement with-
    55  in ten days after the last day allowed by law for the  filing  of  inde-

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     1  pendent  nominating  petitions  naming  them  as  candidates in the next
     2  succeeding general or special election;
     3    (vii)  candidates  who receive the nomination of a party for a special
     4  election shall file such statement within ten days after the date of the
     5  meeting of the party committee at which they are nominated;
     6    (viii) a candidate substituted for  another  candidate,  who  fills  a
     7  vacancy  in  a party designation or in an independent nomination, caused
     8  by declination, shall file such statement within ten days after the last
     9  day allowed by law to file a certificate to fill a vacancy in such party
    10  designation or independent nomination;
    11    (ix) with respect to all candidates for member of the legislature, the
    12  legislative ethics commission shall within five days of receipt  provide
    13  the [joint] commission on [public] ethics and lobbying in government the
    14  statement filed pursuant to subparagraphs (v), (vi), (vii) and (viii) of
    15  this paragraph.
    16    (b)  As used in this subdivision, the terms "party", "committee" (when
    17  used in conjunction with the term  "party"),  "designation",  "primary",
    18  "primary  election", "nomination", "independent nomination" and "ballot"
    19  shall have the same meanings as those contained in section 1-104 of  the
    20  election law.
    21    (c)  If  the  reporting individual is a senator or member of assembly,
    22  candidate for the senate or member of assembly or a legislative  employ-
    23  ee,  such  statement  shall  be  filed  with both the legislative ethics
    24  commission established by section eighty of the legislative law and  the
    25  [joint]  commission  on  [public]  ethics  and lobbying in government in
    26  accordance with paragraph (d-1) of subdivision one of this  section.  If
    27  the  reporting individual is a statewide elected official, candidate for
    28  statewide elected office, a state officer or  employee  or  a  political
    29  party  [chairman]  chair, such statement shall be filed with the [joint]
    30  commission on [public] ethics and lobbying in government established  by
    31  section ninety-four of the executive law.
    32    (d)  The [joint] commission on [public] ethics and lobbying in govern-
    33  ment shall obtain from the state board of elections a list of all candi-
    34  dates for statewide office and for member of the legislature,  and  from
    35  such  list,  shall  determine and publish a list of those candidates who
    36  have not, within ten days after the required date for filing such state-
    37  ment, filed the statement required by this subdivision.
    38    (e) Any person required to file such statement who  commences  employ-
    39  ment  after  May  fifteenth  of  any year and political party [chairman]
    40  chair shall file such statement  within  thirty  days  after  commencing
    41  employment  or  of  taking  the  position  of political party [chairman]
    42  chair, as the case may be. In the case of members of the legislature and
    43  legislative employees, such statements shall be filed with the  legisla-
    44  tive  ethics  commission within thirty days after commencing employment,
    45  and the legislative ethics commission shall provide such  statements  to
    46  the  [joint]  commission  on  [public] ethics and lobbying in government
    47  within forty-five days of receipt.
    48    (f) A person who may otherwise be required to file more than one annu-
    49  al financial disclosure statement with both the  [joint]  commission  on
    50  [public]  ethics  and  lobbying in government and the legislative ethics
    51  commission in any one calendar year  may  satisfy  such  requirement  by
    52  filing  one  such  statement with either body and by notifying the other
    53  body of such compliance.
    54    (g) A person who is employed in more than one employment capacity  for
    55  one  or  more  employers  certain  of  whose  officers and employees are
    56  subject to filing a financial disclosure statement with the same  ethics

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     1  commission,  as  the  case  may be, and who receives distinctly separate
     2  payments of compensation for such employment shall  be  subject  to  the
     3  filing requirements of this section if the aggregate annual compensation
     4  for  all  such  employment  capacities  is  in excess of the filing rate
     5  notwithstanding that such person would not otherwise be required to file
     6  with respect to any one particular employment  capacity.  A  person  not
     7  otherwise  required  to  file a financial disclosure statement hereunder
     8  who is employed by an employer certain of whose  officers  or  employees
     9  are  subject to filing a financial disclosure statement with the [joint]
    10  commission on [public] ethics and lobbying in government and who is also
    11  employed by an employer certain  of  whose  officers  or  employees  are
    12  subject  to filing a financial disclosure statement with the legislative
    13  ethics commission shall not be subject to  filing  such  statement  with
    14  either  such  commission  on the basis that his aggregate annual compen-
    15  sation from all such employers is in excess of the filing rate.
    16    (h) A statewide elected official or member of the legislature, who  is
    17  simultaneously a candidate for statewide elected office or member of the
    18  legislature,  shall  satisfy  the  filing  deadline requirements of this
    19  subdivision by complying only with the deadline applicable  to  one  who
    20  holds  a  statewide  elected office or who holds the office of member of
    21  the legislature.
    22    (i) A candidate whose name will appear on  both  a  party  designating
    23  petition  and  on an independent nominating petition for the same office
    24  or who will be listed on the election ballot for the  same  office  more
    25  than  once shall satisfy the filing deadline requirements of this subdi-
    26  vision by complying with the earliest applicable deadline only.
    27    (j) A member of the legislature who is elected to  such  office  at  a
    28  special  election  prior  to May fifteenth in any year shall satisfy the
    29  filing requirements of this subdivision in such year by  complying  with
    30  the earliest applicable deadline only.
    31    (k)  The [joint] commission on [public] ethics and lobbying in govern-
    32  ment shall post for at least five years beginning for  filings  made  on
    33  January  first,  two thousand thirteen the annual statement of financial
    34  disclosure and any amendments  filed  by  each  person  subject  to  the
    35  reporting requirements of this subdivision who is an elected official on
    36  its  website for public review within thirty days of its receipt of such
    37  statement or within ten days of  its  receipt  of  such  amendment  that
    38  reflects any corrections of deficiencies identified by the commission or
    39  by  the  reporting  individual  after the reporting individual's initial
    40  filing. Except upon an individual determination by the  commission  that
    41  certain  information may be deleted from a reporting individual's annual
    42  statement of financial disclosure, none of the information in the state-
    43  ment posted on the commission's website shall be otherwise deleted.
    44    § 8. Subparagraphs (b), (b-2) and (c) of paragraph 8 of subdivision  3
    45  of  section  73-a of the public officers law, as amended by section 6 of
    46  part K of chapter 286 of the laws  of  2016,  are  amended  to  read  as
    47  follows:
    48    (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
    49  PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
    50  THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR  FOR  NEW  MATTERS  FOR  EXISTING
    51  CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON
    52  OR   AFTER   JULY   FIRST,  TWO  THOUSAND  TWELVE  AND  BEFORE  DECEMBER
    53  THIRTY-FIRST, TWO THOUSAND FIFTEEN:
    54    If the reporting individual personally provides services to any person
    55  or entity, or works as a member or employee of a partnership  or  corpo-
    56  ration  that  provides  such  services  (referred  to  hereinafter  as a

        S. 8006--C                         174                        A. 9006--C
 
     1  "firm"), then identify each client or customer  to  whom  the  reporting
     2  individual personally provided services, or who was referred to the firm
     3  by  the  reporting individual, and from whom the reporting individual or
     4  his  or  her  firm earned fees in excess of $10,000 during the reporting
     5  period for such services rendered in direct connection with:
     6    (i) A contract in an amount totaling $50,000 or more from the state or
     7  any state agency for services, materials, or property;
     8    (ii) A grant of $25,000 or more from the state  or  any  state  agency
     9  during the reporting period;
    10    (iii)  A  grant  obtained  through a legislative initiative during the
    11  reporting period; or
    12    (iv) A case, proceeding, application or other matter  that  is  not  a
    13  ministerial matter before a state agency during the reporting period.
    14    For  purposes  of  this  question,  "referred to the firm" shall mean:
    15  having intentionally and knowingly taken a specific  act  or  series  of
    16  acts  to  intentionally  procure  for the reporting individual's firm or
    17  knowingly solicit or direct to the reporting individual's firm in  whole
    18  or  substantial  part,  a person or entity that becomes a client of that
    19  firm for the purposes of representation  for  a  matter  as  defined  in
    20  subparagraphs  (i) through (iv) of this paragraph, as the result of such
    21  procurement, solicitation or direction of the  reporting  individual.  A
    22  reporting  individual  need  not  disclose  activities  performed  while
    23  lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
    24  sion seven of section seventy-three of this article.
    25    The disclosure requirement in this question shall not require  disclo-
    26  sure  of  clients  or  customers  receiving  medical or dental services,
    27  mental health services, residential real estate brokering  services,  or
    28  insurance brokering services from the reporting individual or his or her
    29  firm.  The  reporting individual need not identify any client to whom he
    30  or she or his or her firm provided legal representation with respect  to
    31  investigation or prosecution by law enforcement authorities, bankruptcy,
    32  or  domestic  relations  matters. With respect to clients represented in
    33  other matters, where disclosure of a  client's  identity  is  likely  to
    34  cause harm, the reporting individual shall request an exemption from the
    35  [joint]  commission  on  ethics  and  lobbying in government pursuant to
    36  [paragraph (i-1) of subdivision nine  of]  section  ninety-four  of  the
    37  executive  law, provided, however, that a reporting individual who first
    38  enters public office after July first, two  thousand  twelve,  need  not
    39  report  clients  or  customers  with  respect  to  matters for which the
    40  reporting individual or his or her firm was retained prior  to  entering
    41  public office.
    42  Client                                     Nature of Services Provided
    43  ________________________________________________________________________
    44  ________________________________________________________________________
    45  ________________________________________________________________________
    46  ________________________________________________________________________
    47  ________________________________________________________________________

    48    (b-2)  APPLICABLE  ONLY  TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
    49  ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
    50  FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE
    51  SERVICES  THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
    52  SAND FIFTEEN (FOR PURPOSES  OF  THIS  QUESTION,  "SERVICES"  SHALL  MEAN
    53  CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
    54    (i)  With  respect  to  reporting individuals who receive ten thousand
    55  dollars or more from employment or activity  reportable  under  question

        S. 8006--C                         175                        A. 9006--C
 
     1  8(a), for each client or customer NOT otherwise disclosed or exempted in
     2  question  8 or 13, disclose the name of each client or customer known to
     3  the reporting individual  to  whom  the  reporting  individual  provided
     4  services:  (A) who paid the reporting individual in excess of five thou-
     5  sand dollars for such services; or (B) who  had  been  billed  with  the
     6  knowledge of the reporting individual in excess of five thousand dollars
     7  by  the  firm  or  other entity named in question 8(a) for the reporting
     8  individual's services.
     9  Client               Services              Category of Amount
    10                   Actually Provided            (in Table I)
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
 
    11  FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
    12  DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
    13    * REVIEWED DOCUMENTS AND CORRESPONDENCE;
    14    * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
    15    * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
    16    * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
    17      OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
    18    * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
    19      NAME);
    20    * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
    21      REPRESENTATION OR CONSULTATION;
    22    * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
    23    * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
    24      RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
    25    * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
    26    (ii) With respect to reporting individuals who disclosed  in  question
    27  8(a)  that the reporting individual did not provide services to a client
    28  but provided services to a firm or business, identify  the  category  of
    29  amount  received  for  providing such services and describe the services
    30  rendered.
    31  Services Actually Provided                  Category of Amount (Table I)
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
    32    A reporting individual need not disclose  activities  performed  while
    33  lawfully  acting  in  his or her capacity as provided in paragraphs (c),
    34  (d), (e) and (f) of subdivision seven of section seventy-three  of  this
    35  article.
    36  The  disclosure  requirement  in  questions  (b-1)  and  (b-2) shall not
    37  require disclosing clients or customers  receiving  medical,  pharmaceu-
    38  tical  or  dental  services, mental health services, or residential real
    39  estate brokering services from the reporting individual or  his  or  her
    40  firm  or  if  federal  law prohibits or limits disclosure. The reporting
    41  individual need not identify any client to whom he or she or his or  her
    42  firm  provided  legal  representation  with  respect to investigation or
    43  prosecution by law enforcement authorities,  bankruptcy,  family  court,
    44  estate  planning, or domestic relations matters, nor shall the reporting
    45  individual identify individuals represented  pursuant  to  an  insurance
    46  policy  but  the  reporting  individual shall in such circumstances only
    47  report the entity that provides compensation to the  reporting  individ-

        S. 8006--C                         176                        A. 9006--C
 
     1  ual;  with  respect to matters in which the client's name is required by
     2  law to be kept confidential (such as  matters  governed  by  the  family
     3  court act) or in matters in which the reporting individual represents or
     4  provides  services  to  minors,  the  client's name may be replaced with
     5  initials. To the extent that the reporting individual,  or  his  or  her
     6  firm,  provided  legal  representation with respect to an initial public
     7  offering, and professional disciplinary  rules,  federal  law  or  regu-
     8  lations  restrict  the  disclosure of information relating to such work,
     9  the reporting individual shall (i) disclose the identity of  the  client
    10  and the services provided relating to the initial public offering to the
    11  office  of  court  administration,  who  will  maintain such information
    12  confidentially in a locked box; and (ii) include in his or her  response
    13  to  questions (b-1) and (b-2) that pursuant to this paragraph, a disclo-
    14  sure to the office of court administration has been made. Upon such time
    15  that the disclosure of information maintained in the locked  box  is  no
    16  longer  restricted  by  professional  disciplinary rules, federal law or
    17  regulation, the reporting individual shall disclose such information  in
    18  an  amended  disclosure statement in response to the disclosure require-
    19  ments in questions (b-1) and (b-2). The office of  court  administration
    20  shall  develop  and  maintain  a secure portal through which information
    21  submitted to it pursuant to this paragraph can be safely  and  confiden-
    22  tially  stored. With respect to clients represented in other matters not
    23  otherwise exempt, the reporting individual may request an  exemption  to
    24  publicly  disclosing the name of that client from the [joint] commission
    25  on ethics and lobbying in government pursuant  to  [paragraph  (i-1)  of
    26  subdivision  nine  of] section ninety-four of the executive law, or from
    27  the office of court administration. In such application,  the  reporting
    28  individual  shall  state  the  following:  "My  client  is not currently
    29  receiving my services or seeking my services in connection with:
    30    (i) A proposed bill or resolution in the senate or assembly during the
    31  reporting period;
    32    (ii) A contract in an amount totaling $10,000 or more from  the  state
    33  or any state agency for services, materials, or property;
    34    (iii)  A  grant  of $10,000 or more from the state or any state agency
    35  during the reporting period;
    36    (iv) A grant obtained through  a  legislative  initiative  during  the
    37  reporting period; or
    38    (v)  A  case,  proceeding,  application  or other matter that is not a
    39  ministerial matter before a state agency during the reporting period."
    40    In reviewing the request for an exemption, the [joint]  commission  on
    41  ethics  and lobbying in government or the office of court administration
    42  may consult with bar or other professional associations and the legisla-
    43  tive ethics commission for individuals subject to its  jurisdiction  and
    44  may  consider  the rules of professional conduct. In making its determi-
    45  nation, the [joint] commission on ethics and lobbying in  government  or
    46  the  office  of  court  administration shall conduct its own inquiry and
    47  shall consider factors including, but not limited to: (i) the nature and
    48  the size of the client; (ii) whether the client has any business  before
    49  the  state;  and if so, how significant the business is; and whether the
    50  client has any particularized interest in pending legislation and if  so
    51  how  significant  the  interest  is; (iii) whether disclosure may reveal
    52  trade secrets; (iv) whether disclosure could reasonably result in retal-
    53  iation against the client; (v) whether disclosure may cause  undue  harm
    54  to  the  client; (vi) whether disclosure may result in undue harm to the
    55  attorney-client relationship; and (vii) whether disclosure may result in
    56  an unnecessary invasion of privacy to the client.

        S. 8006--C                         177                        A. 9006--C
 
     1    The [joint] commission on ethics and lobbying in government or, as the
     2  case may be, the office of court administration shall  promptly  make  a
     3  final  determination in response to such request, which shall include an
     4  explanation for its determination.  The office of  court  administration
     5  shall  issue  its final determination within three days of receiving the
     6  request. Notwithstanding any other provision of law or any  professional
     7  disciplinary rule to the contrary, the disclosure of the identity of any
     8  client  or  customer  in  response to this question shall not constitute
     9  professional misconduct or a ground for disciplinary action of any kind,
    10  or form the basis for any civil or criminal cause of action or  proceed-
    11  ing. A reporting individual who first enters public office after January
    12  first,  two  thousand sixteen, need not report clients or customers with
    13  respect to matters for which the reporting individual or his or her firm
    14  was retained prior to entering public office.
    15    (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES  ARE
    16  PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR
    17  NEW  MATTERS  FOR  EXISTING  CLIENTS  OR CUSTOMERS WITH RESPECT TO THOSE
    18  SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
    19  SAND FIFTEEN:
    20    If the reporting individual receives income of ten thousand dollars or
    21  greater  from any employment or activity reportable under question 8(a),
    22  identify each registered lobbyist who  has  directly  referred  to  such
    23  individual a client who was successfully referred to the reporting indi-
    24  vidual's  business  and  from  whom  the  reporting  individual  or firm
    25  received a fee for services in excess of five thousand  dollars.  Report
    26  only  those referrals that were made to a reporting individual by direct
    27  communication from a person known to such reporting individual to  be  a
    28  registered  lobbyist  at  the time the referral is made. With respect to
    29  each such referral, the reporting individual shall identify the  client,
    30  the registered lobbyist who has made the referral, the category of value
    31  of  the  compensation  received and a general description of the type of
    32  matter so referred. A reporting individual need not disclose  activities
    33  performed while lawfully acting pursuant to paragraphs (c), (d), (e) and
    34  (f)  of  subdivision seven of section seventy-three of this article. The
    35  disclosure requirements in this question shall  not  require  disclosing
    36  clients   or  customers  receiving  medical,  pharmaceutical  or  dental
    37  services, mental health services, or residential real  estate  brokering
    38  services  from the reporting individual or his or her firm or if federal
    39  law prohibits or limits disclosure. The reporting  individual  need  not
    40  identify  any client to whom he or she or his or her firm provided legal
    41  representation with respect  to  investigation  or  prosecution  by  law
    42  enforcement  authorities,  bankruptcy, family court, estate planning, or
    43  domestic relations matters, nor shall the reporting individual  identify
    44  individuals  represented pursuant to an insurance policy but the report-
    45  ing individual shall in such circumstances only report the  entity  that
    46  provides  compensation  to  the  reporting  individual;  with respect to
    47  matters in which the client's name is required by law to be kept  confi-
    48  dential (such as matters governed by the family court act) or in matters
    49  in  which  the  reporting  individual represents or provides services to
    50  minors, the client's name may be replaced with initials. To  the  extent
    51  that the reporting individual, or his or her firm, provided legal repre-
    52  sentation with respect to an initial public offering, and federal law or
    53  regulations  restricts  the  disclosure  of information relating to such
    54  work, the reporting individual shall (i) disclose the  identity  of  the
    55  client and the services provided relating to the initial public offering
    56  to  the  office of court administration, who will maintain such informa-

        S. 8006--C                         178                        A. 9006--C
 
     1  tion confidentially in a locked box; and (ii)  include  in  his  or  her
     2  response  a  statement  that pursuant to this paragraph, a disclosure to
     3  the office of court administration has been made. Upon  such  time  that
     4  the  disclosure of information maintained in the locked box is no longer
     5  restricted by federal law or regulation, the reporting individual  shall
     6  disclose such information in an amended disclosure statement in response
     7  to  the  disclosure requirements of this paragraph.  The office of court
     8  administration shall develop and maintain a secure portal through  which
     9  information submitted to it pursuant to this paragraph can be safely and
    10  confidentially  stored.  With  respect  to  clients represented in other
    11  matters not otherwise exempt, the reporting individual  may  request  an
    12  exemption  to  publicly  disclosing  the  name  of  that client from the
    13  [joint] commission on ethics and  lobbying  in  government  pursuant  to
    14  [paragraph  (i-1)  of  subdivision  nine  of] section ninety-four of the
    15  executive law, or from the  office  of  court  administration.  In  such
    16  application,  the  reporting  individual  shall state the following: "My
    17  client is not currently receiving my services or seeking my services  in
    18  connection with:
    19    (i) A proposed bill or resolution in the senate or assembly during the
    20  reporting period;
    21    (ii)  A  contract in an amount totaling $10,000 or more from the state
    22  or any state agency for services, materials, or property;
    23    (iii) A grant of $10,000 or more from the state or  any  state  agency
    24  during the reporting period;
    25    (iv)  A  grant  obtained  through  a legislative initiative during the
    26  reporting period; or
    27    (v) A case, proceeding, application or other  matter  that  is  not  a
    28  ministerial matter before a state agency during the reporting period."
    29    In  reviewing  the request for an exemption, the [joint] commission on
    30  ethics and lobbying in government or the office of court  administration
    31  may consult with bar or other professional associations and the legisla-
    32  tive  ethics  commission for individuals subject to its jurisdiction and
    33  may consider the rules of professional conduct. In making  its  determi-
    34  nation,  the  [joint] commission on ethics and lobbying in government or
    35  the office of court administration shall conduct  its  own  inquiry  and
    36  shall consider factors including, but not limited to: (i) the nature and
    37  the  size of the client; (ii) whether the client has any business before
    38  the state; and if so, how significant the business is; and  whether  the
    39  client  has any particularized interest in pending legislation and if so
    40  how significant the interest is; (iii)  whether  disclosure  may  reveal
    41  trade secrets; (iv) whether disclosure could reasonably result in retal-
    42  iation  against  the client; (v) whether disclosure may cause undue harm
    43  to the client; (vi) whether disclosure may result in undue harm  to  the
    44  attorney-client relationship; and (vii) whether disclosure may result in
    45  an unnecessary invasion of privacy to the client.
    46    The [joint] commission on ethics and lobbying in government or, as the
    47  case  may  be,  the office of court administration shall promptly make a
    48  final determination in response to such request, which shall include  an
    49  explanation  for  its determination.  The office of court administration
    50  shall issue its final determination within three days of  receiving  the
    51  request.  Notwithstanding any other provision of law or any professional
    52  disciplinary rule to the contrary, the disclosure of the identity of any
    53  client or customer in response to this  question  shall  not  constitute
    54  professional misconduct or a ground for disciplinary action of any kind,
    55  or  form the basis for any civil or criminal cause of action or proceed-
    56  ing. A reporting individual who first enters public office after  Decem-

        S. 8006--C                         179                        A. 9006--C
 
     1  ber  thirty-first,  two  thousand  fifteen,  need  not report clients or
     2  customers with respect to matters for which the reporting individual  or
     3  his or her firm was retained prior to entering public office.
     4  Client        Name of Lobbyist     Description    Category of Amount
     5                                     of Matter       (in Table 1)
     6  ________________________________________________________________________
     7  ________________________________________________________________________
     8  ________________________________________________________________________
     9  ________________________________________________________________________
    10  ________________________________________________________________________
 
    11    §  9. Subdivisions 4 and 7 of section 73-a of the public officers law,
    12  subdivision 4 as amended by section 5 of part A of chapter  399  of  the
    13  laws of 2011 and subdivision 7 as added by section 3 of part CC of chap-
    14  ter 56 of the laws of 2015, are amended to read as follows:
    15    4.  A reporting individual who knowingly and wilfully fails to file an
    16  annual statement of financial disclosure or who knowingly  and  wilfully
    17  with  intent  to  deceive  makes  a false statement or gives information
    18  which such individual knows to be false on such statement  of  financial
    19  disclosure  filed  pursuant  to this section shall be subject to a civil
    20  penalty in an amount not to exceed forty thousand dollars. Assessment of
    21  a civil penalty hereunder shall be made by  the  [joint]  commission  on
    22  [public]  ethics and lobbying in government or by the legislative ethics
    23  commission, as the case may be, with respect to persons subject to their
    24  respective jurisdictions.  The [joint] commission on [public] ethics and
    25  lobbying in  government  acting  pursuant  to  subdivision  fourteen  of
    26  section  ninety-four  of  the  executive  law  or the legislative ethics
    27  commission acting pursuant to subdivision eleven of  section  eighty  of
    28  the  legislative law, as the case may be, may, in lieu of or in addition
    29  to a civil penalty, refer a violation to the appropriate prosecutor  and
    30  upon such conviction, but only after such referral, such violation shall
    31  be punishable as a class A misdemeanor. A civil penalty for false filing
    32  may  not  be  imposed  hereunder  in  the event a category of "value" or
    33  "amount" reported hereunder is incorrect unless such  reported  informa-
    34  tion  is falsely understated. Notwithstanding any other provision of law
    35  to the contrary, no other penalty, civil or criminal may be imposed  for
    36  a failure to file, or for a false filing, of such statement, except that
    37  the  appointing  authority  may  impose disciplinary action as otherwise
    38  provided by law. The [joint] commission on [public] ethics and  lobbying
    39  in government and the legislative ethics commission shall each be deemed
    40  to  be an agency within the meaning of article three of the state admin-
    41  istrative procedure act and shall adopt rules governing the  conduct  of
    42  adjudicatory  proceedings  and appeals relating to the assessment of the
    43  civil penalties herein  authorized.  Such  rules,  which  shall  not  be
    44  subject  to the approval requirements of the state administrative proce-
    45  dure act, shall provide for due process procedural  mechanisms  substan-
    46  tially  similar  to those set forth in such article three but such mech-
    47  anisms need not be identical in terms or scope. Assessment  of  a  civil
    48  penalty  shall  be  final  unless  modified, suspended or vacated within
    49  thirty days of imposition and upon becoming final shall  be  subject  to
    50  review  at  the  instance  of  the  affected  reporting  individual in a
    51  proceeding commenced against the [joint] commission on  [public]  ethics
    52  and  lobbying in government or the legislative ethics commission, pursu-
    53  ant to article seventy-eight of the civil practice law and rules.
    54    7. With respect to an application to either the [joint] commission  on
    55  ethics  and lobbying in government or the office of court administration

        S. 8006--C                         180                        A. 9006--C
 
     1  for an exemption to disclosing the name  of  a  client  or  customer  in
     2  response  to questions 8 (b-1), 8 (b-2) and 8 (c), all information which
     3  is the subject of or a part of such application shall  remain  confiden-
     4  tial.  The  name  of  the  client need not be disclosed by the reporting
     5  individual unless and until the [joint] commission on ethics and  lobby-
     6  ing in government or the office of court administration formally advises
     7  the reporting individual that he or she must disclose such names and the
     8  reporting individual agrees to represent the client. Any commissioner or
     9  person  employed  by  the  [joint]  commission on ethics and lobbying in
    10  government or any person employed by the office of court  administration
    11  who,  intentionally  and without authorization from a court of competent
    12  jurisdiction releases confidential information related to a request  for
    13  an  exemption received by the commission or the office of court adminis-
    14  tration shall be guilty of a class A misdemeanor.
    15    § 10. Paragraph (d) of subdivision 1 of section 172-e of the executive
    16  law, as added by section 1 of part F of chapter 286 of the laws of 2016,
    17  is amended to read as follows:
    18    (d) "Recipient entity" shall mean any corporation or  entity  that  is
    19  qualified  as  an  exempt  organization  or  entity by the United States
    20  Department of the Treasury under I.R.C. 501(c)(4) that  is  required  to
    21  file  a source of funding report with the [joint] commission on [public]
    22  ethics and lobbying in government pursuant to sections one-h  and  one-j
    23  of the legislative law.
    24    §  11.  The  closing  paragraph  of  paragraph 4 of subdivision (c) of
    25  section 1-h of the legislative law, as amended by section 1 of part D of
    26  chapter 286 of the laws of 2016, is amended to read as follows:
    27    The [joint] commission on [public] ethics and lobbying  in  government
    28  shall promulgate regulations to implement these requirements.
    29    §  12.  The  closing  paragraph  of  paragraph 4 of subdivision (c) of
    30  section 1-j of the legislative law, as amended by section 2 of part D of
    31  chapter 286 of the laws of 2016, is amended to read as follows:
    32    The [joint] commission on [public] ethics and lobbying  in  government
    33  shall promulgate regulations to implement these requirements.
    34    § 13. Paragraph (a) of subdivision 1 of section 73 of the public offi-
    35  cers  law,  as amended by section 1 of part A of chapter 399 of the laws
    36  of 2011, is amended to read as follows:
    37    (a) The term "compensation" shall mean any money, thing  of  value  or
    38  financial  benefit  conferred  in  return for services rendered or to be
    39  rendered. With regard to matters undertaken by a  firm,  corporation  or
    40  association, compensation shall mean net revenues, as defined in accord-
    41  ance  with  generally  accepted  accounting principles as defined by the
    42  [joint] commission on [public] ethics  and  lobbying  in  government  or
    43  legislative  ethics  commission  in relation to persons subject to their
    44  respective jurisdictions.
    45    § 14. Subdivision 1 of section  73  of  the  public  officers  law  is
    46  amended by adding a new paragraph (n) to read as follows:
    47    (n)  The term "domestic partner" shall mean a person who, with respect
    48  to another person, is formally a party  in  a  domestic  partnership  or
    49  similar relationship with the other person, entered into pursuant to the
    50  laws  of  the  United States or of any state, local or foreign jurisdic-
    51  tion, or registered as the domestic partner of the other person with any
    52  registry maintained by the employer of either party or any state,  muni-
    53  cipality, or foreign jurisdiction.
    54    § 15. Paragraph (a) of subdivision 6 of section 73 of the public offi-
    55  cers  law,  as amended by section 3 of part K of chapter 286 of the laws
    56  of 2016, is amended to read as follows:

        S. 8006--C                         181                        A. 9006--C
 
     1    (a) Every legislative  employee  not  subject  to  the  provisions  of
     2  section  seventy-three-a  of  this  chapter shall, on and after December
     3  fifteenth and before the following January fifteenth, in each year, file
     4  with the [joint] commission on [public] ethics and lobbying  in  govern-
     5  ment and the legislative ethics commission a financial disclosure state-
     6  ment of
     7    (1) each financial interest, direct or indirect of himself or herself,
     8  his or her spouse or domestic partner and his or her unemancipated chil-
     9  dren under the age of eighteen years in any activity which is subject to
    10  the  jurisdiction  of a regulatory agency or name of the entity in which
    11  the interest is had and whether such interest  is  over  or  under  five
    12  thousand dollars in value.
    13    (2)  every  office  and  directorship held by him or her in any corpo-
    14  ration, firm or enterprise which is subject to  the  jurisdiction  of  a
    15  regulatory  agency,  including  the  name  of  such corporation, firm or
    16  enterprise.
    17    (3) any other interest or relationship which he or she  determines  in
    18  his  or  her  discretion might reasonably be expected to be particularly
    19  affected by legislative action or  in  the  public  interest  should  be
    20  disclosed.
    21    § 16. Paragraph (h) of subdivision 8 of section 73 of the public offi-
    22  cers  law, as amended by section 10 of part A of chapter 399 of the laws
    23  of 2011, is amended to read as follows:
    24    (h) Notwithstanding the provisions of subparagraphs (i)  and  (ii)  of
    25  paragraph  (a)  of  this subdivision, a former state officer or employee
    26  may contract individually, or as a member or employee of a firm,  corpo-
    27  ration  or  association, to render services to any state agency when the
    28  agency head certifies in writing to the [joint] commission  on  [public]
    29  ethics and lobbying in government that the services of such former offi-
    30  cer or employee are required in connection with the agency's response to
    31  a  disaster emergency declared by the governor pursuant to section twen-
    32  ty-eight of the executive law.
    33    § 17. Subdivisions 8-a, 8-b and 10 of section 73 of the  public  offi-
    34  cers law, subdivision 8-a as amended by chapter 357 of the laws of 2001,
    35  the  opening  paragraph  of subdivision 8-a as amended by section 11 and
    36  subdivision 8-b as amended by section 12 of part A of chapter 399 of the
    37  laws of 2011, and subdivision 10 as amended by section 5 of  part  K  of
    38  chapter 286 of the laws of 2016, are amended to read as follows:
    39    8-a.  The provisions of subparagraphs (i) and (ii) of paragraph (a) of
    40  subdivision eight of this section shall not apply  to  any  such  former
    41  state  officer  or  employee  engaged  in  any of the specific permitted
    42  activities defined in this subdivision that are  related  to  any  civil
    43  action  or  proceeding  in any state or federal court, provided that the
    44  attorney general has certified in writing to the [joint]  commission  on
    45  [public]  ethics  and lobbying in government, with a copy to such former
    46  state officer or employee, that the services are rendered on  behalf  of
    47  the state, a state agency, state officer or employee, or other person or
    48  entity  represented  by the attorney general, and that such former state
    49  officer or employee has expertise,  knowledge  or  experience  which  is
    50  unique  or  outstanding  in  a  field or in a particular matter or which
    51  would otherwise be generally unavailable at a  comparable  cost  to  the
    52  state,  a  state  agency,  state officer or employee, or other person or
    53  entity represented by the attorney  general  in  such  civil  action  or
    54  proceeding.  In  those instances where a state agency is not represented
    55  by the attorney general in a civil action  or  proceeding  in  state  or
    56  federal  court, a former state officer or employee may engage in permit-

        S. 8006--C                         182                        A. 9006--C

     1  ted activities provided that the general counsel of  the  state  agency,
     2  after  consultation  with  the [joint] commission on [public] ethics and
     3  lobbying in government, provides to the [joint] commission  on  [public]
     4  ethics  and  lobbying  in government a written certification which meets
     5  the requirements of this subdivision. For purposes of  this  subdivision
     6  the  term  "permitted  activities"  shall  mean  generally  any activity
     7  performed at the request of the attorney general or the attorney  gener-
     8  al's  designee, or in cases where the state agency is not represented by
     9  the attorney general, the general counsel of such state agency,  includ-
    10  ing without limitation:
    11    (a) preparing or giving testimony or executing one or more affidavits;
    12    (b)  gathering, reviewing or analyzing information, including documen-
    13  tary or oral information concerning facts or opinions, attending deposi-
    14  tions or participating in document review or discovery;
    15    (c) performing investigations, examinations, inspections or  tests  of
    16  persons, documents or things;
    17    (d)  performing  audits,  appraisals, compilations or computations, or
    18  reporting about them;
    19    (e) identifying information to be sought concerning facts or opinions;
    20  or
    21    (f) otherwise assisting in the preparation for, or  conduct  of,  such
    22  litigation.
    23    Nothing  in  this  subdivision  shall  apply to the provision of legal
    24  representation by any former state officer or employee.
    25    8-b. Notwithstanding the provisions of subparagraphs (i) and  (ii)  of
    26  paragraph (a) of subdivision eight of this section, a former state offi-
    27  cer or employee may contract individually, or as a member or employee of
    28  a  firm,  corporation  or  association,  to render services to any state
    29  agency if, prior to engaging in such service, the agency head  certifies
    30  in  writing to the [joint] commission on [public] ethics and lobbying in
    31  government that such former officer or employee has expertise, knowledge
    32  or experience with respect to a particular matter which meets the  needs
    33  of  the  agency and is otherwise unavailable at a comparable cost. Where
    34  approval of the contract is required under section one hundred twelve of
    35  the state finance law, the comptroller shall  review  and  consider  the
    36  reasons  for  such  certification.  The  [joint]  commission on [public]
    37  ethics and lobbying in government must review and  approve  all  certif-
    38  ications made pursuant to this subdivision.
    39    10.  Nothing  contained in this section, the judiciary law, the educa-
    40  tion law or any other law or disciplinary rule  shall  be  construed  or
    41  applied  to  prohibit any firm, association or corporation, in which any
    42  present or former statewide elected official, state officer or employee,
    43  or political party [chairman] chair, member of the legislature or legis-
    44  lative employee is a member, associate, retired member,  of  counsel  or
    45  shareholder,  from  appearing,  practicing,  communicating  or otherwise
    46  rendering services in relation to  any  matter  before,  or  transacting
    47  business  with  a state agency, or a city agency with respect to a poli-
    48  tical party [chairman] chair in a county wholly included in a city  with
    49  a  population  of  more  than  one million, otherwise proscribed by this
    50  section, the judiciary law, the education law or any other law or disci-
    51  plinary rule with respect to such official, member of the legislature or
    52  officer or employee, or political party  [chairman]  chair,  where  such
    53  statewide  elected  official,  state  officer or employee, member of the
    54  legislature or legislative employee, or political party [chairman] chair
    55  does not share in the net revenues, as defined in accordance with gener-
    56  ally  accepted  accounting  principles  by  the  [joint]  commission  on

        S. 8006--C                         183                        A. 9006--C
 
     1  [public]  ethics and lobbying in government or by the legislative ethics
     2  commission in relation to persons subject to their respective  jurisdic-
     3  tions,  resulting  therefrom,  or,  acting  in  good  faith,  reasonably
     4  believed  that  he  or  she  would  not  share in the net revenues as so
     5  defined; nor shall anything contained in  this  section,  the  judiciary
     6  law,  the  education  law  or  any  other  law  or  disciplinary rule be
     7  construed to prohibit any firm, association or corporation in which  any
     8  present or former statewide elected official, member of the legislature,
     9  legislative  employee,  full-time  salaried state officer or employee or
    10  state officer or employee who is subject to the  provisions  of  section
    11  seventy-three-a  of this article is a member, associate, retired member,
    12  of counsel or shareholder, from appearing, practicing, communicating  or
    13  otherwise rendering services in relation to any matter before, or trans-
    14  acting  business with, the court of claims, where such statewide elected
    15  official, member of the  legislature,  legislative  employee,  full-time
    16  salaried  state  officer or employee or state officer or employee who is
    17  subject to the provisions of section  seventy-three-a  of  this  article
    18  does not share in the net revenues, as defined in accordance with gener-
    19  ally  accepted  accounting  principles  by  the  [joint]  commission  on
    20  [public] ethics and lobbying in government or by the legislative  ethics
    21  commission  in relation to persons subject to their respective jurisdic-
    22  tions,  resulting  therefrom,  or,  acting  in  good  faith,  reasonably
    23  believed  that  he  or  she  would  not  share in the net revenues as so
    24  defined.
    25    § 18. Subdivision 3 of section 73-a of the  public  officers  law,  as
    26  amended by section 5 of part A of chapter 399 of the laws of 2011, para-
    27  graph  8 as amended by section 6 of part K of chapter 286 of the laws of
    28  2016, and paragraph 13 as amended by section 1 of part CC of chapter  56
    29  of the laws of 2015, is amended to read as follows:
    30    3.  The  annual  statement  of  financial disclosure shall contain the
    31  information and shall be in the form set forth hereinbelow:
 
    32   ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (For calendar year ________)
 
    33    1. Name ______________________________________________________________
    34    2. (a) Title of Position _____________________________________________
    35       (b) Department, Agency or other Governmental Entity _______________
    36       (c) Address of Present Office _____________________________________
    37       (d) Office Telephone Number _______________________________________
    38    3. (a) Marital Status ______________. If married, please give spouse's
    39           full name [including maiden name where applicable].
    40       __________________________________________________________________.
    41       (b) Full name of domestic partner (if applicable).
    42       _________________________________________________________________ .
 
    43       (c) List the names of all unemancipated children.
 
    44      ____________________________________________________________________
    45      ____________________________________________________________________
    46      ____________________________________________________________________
    47      ____________________________________________________________________
    48      ____________________________________________________________________
 
    49  Answer each of the  following  questions  completely,  with  respect  to
    50    calendar  year  _________,  unless another period or date is otherwise
    51    specified. If additional space is needed, attach additional pages.

        S. 8006--C                         184                        A. 9006--C
 
     1    Whenever a "value" or "amount" is required to be reported herein, such
     2  value or amount shall be reported as being within one of  the  following
     3  Categories  in  Table I or Table II of this subdivision as called for in
     4  the question: A reporting individual  shall  indicate  the  Category  by
     5  letter only.
     6    Whenever "income" is required to be reported herein, the term "income"
     7  shall mean the aggregate net income before taxes from the source identi-
     8  fied.
     9    The  term "calendar year" shall mean the year ending the December 31st
    10  preceding the date of filing of the annual statement.
 
    11  4.  (a) List any  office,  trusteeship,  directorship,  partnership,  or
    12      position  of  any  nature,  whether  compensated or not, held by the
    13      reporting individual with any firm, corporation, association,  part-
    14      nership,  or  other  organization  other than the State of New York.
    15      Include compensated honorary positions; do NOT  list  membership  or
    16      uncompensated  honorary positions. If the listed entity was licensed
    17      by any state or local agency, was regulated by any state  regulatory
    18      agency or local agency, or, as a regular and significant part of the
    19      business  or  activity  of  said  entity,  did business with, or had
    20      matters other than ministerial matters before, any  state  or  local
    21      agency, list the name of any such agency.
 
    22                                                              State or
    23      Position                  Organization                 Local Agency

    24      ____________________________________________________________________
    25      ____________________________________________________________________
    26      ____________________________________________________________________
    27      ____________________________________________________________________
    28      ____________________________________________________________________
 
    29  (b) List any office, trusteeship, directorship, partnership, or position
    30      of  any  nature,  whether  compensated  or  not, held by the spouse,
    31      domestic partner or unemancipated child of the reporting individual,
    32      with any  firm,  corporation,  association,  partnership,  or  other
    33      organization  other  than the State of New York. Include compensated
    34      honorary positions; do NOT list membership or uncompensated honorary
    35      positions. If the listed entity was licensed by any state  or  local
    36      agency,  was regulated by any state regulatory agency or local agen-
    37      cy, or, as a regular and significant part of the business or  activ-
    38      ity  of  said  entity,  did business with, or had matters other than
    39      ministerial matters before, any state or local agency, list the name
    40      of any such agency.
 
    41                                                              State or
    42      Position                  Organization                 Local Agency
 
    43      ____________________________________________________________________
    44      ____________________________________________________________________
    45      ____________________________________________________________________
    46      ____________________________________________________________________
    47      ____________________________________________________________________
 
    48  5.  (a) List the  name,  address  and  description  of  any  occupation,
    49      employment  (other  than  the employment listed under Item 2 above),

        S. 8006--C                         185                        A. 9006--C
 
     1      trade, business or profession engaged in by the  reporting  individ-
     2      ual. If such activity was licensed by any state or local agency, was
     3      regulated  by  any state regulatory agency or local agency, or, as a
     4      regular  and  significant  part  of the business or activity of said
     5      entity, did business with, or had  matters  other  than  ministerial
     6      matters before, any state or local agency, list the name of any such
     7      agency.
 
     8                                                              State or
     9                 Name & Address                                 Local
    10      Position   of Organization          Description          Agency
 
    11      ____________________________________________________________________
    12      ____________________________________________________________________
    13      ____________________________________________________________________
    14      ____________________________________________________________________
    15      ____________________________________________________________________
 
    16  (b)  If  the  spouse,  domestic  partner  or  unemancipated child of the
    17      reporting individual was  engaged  in  any  occupation,  employment,
    18      trade,  business  or  profession  which activity was licensed by any
    19      state or local agency, was regulated by any state regulatory  agency
    20      or  local agency, or, as a regular and significant part of the busi-
    21      ness or activity of said entity, did business with, or  had  matters
    22      other  than  ministerial  matters before, any state or local agency,
    23      list the name, address and description of such  occupation,  employ-
    24      ment, trade, business or profession and the name of any such agency.
 
    25                                                              State or
    26                 Name & Address                                 Local
    27      Position   of Organization          Description          Agency
 
    28      ____________________________________________________________________
    29      ____________________________________________________________________
    30      ____________________________________________________________________
    31      ____________________________________________________________________
    32      ____________________________________________________________________

    33  6.  List  any interest, in EXCESS of $1,000, held by the reporting indi-
    34      vidual, such individual's spouse, domestic partner or  unemancipated
    35      child,  or  partnership  of  which  any  such person is a member, or
    36      corporation, 10%  or  more  of  the  stock  of  which  is  owned  or
    37      controlled  by any such person, whether vested or contingent, in any
    38      contract made or executed by a state or local agency and include the
    39      name of the entity which holds such interest and the relationship of
    40      the reporting individual or such individual's spouse, domestic part-
    41      ner or such child to such entity and the interest in such  contract.
    42      Do NOT include bonds and notes. Do NOT list any interest in any such
    43      contract  on  which  final payment has been made and all obligations
    44      under the contract except for guarantees and  warranties  have  been
    45      performed,  provided,  however, that such an interest must be listed
    46      if there has been an ongoing dispute during the  calendar  year  for
    47      which this statement is filed with respect to any such guarantees or
    48      warranties.  Do NOT list any interest in a contract made or executed
    49      by a local agency after public notice and pursuant to a process  for

        S. 8006--C                         186                        A. 9006--C
 
     1      competitive  bidding  or  a  process  for  competitive  requests for
     2      proposals.
 
     3                   Entity       Relationship   Contracting     Category
     4       Self,     Which Held      to Entity       State or         of
     5      Spouse,    Interest in    and Interest      Local        Value of
     6      Domestic    Contract      in Contract       Agency       Contract
     7      Partner or
     8      Child                                                  (In Table II)
 
     9      ____________________________________________________________________
    10      ____________________________________________________________________
    11      ____________________________________________________________________
    12      ____________________________________________________________________
    13      ____________________________________________________________________
 
    14  7.  List any position the reporting individual held as an officer of any
    15      political  party or political organization, as a member of any poli-
    16      tical party committee, or as a political party district leader.  The
    17      term  "party" shall have the same meaning as "party" in the election
    18      law. The term "political organization" means any party or  independ-
    19      ent  body as defined in the election law or any organization that is
    20      affiliated with or a subsidiary of a party or independent body.
 
    21      ____________________________________________________________________
    22      ____________________________________________________________________
    23      ____________________________________________________________________
    24      ____________________________________________________________________
    25      ____________________________________________________________________
 
    26    8.  (a) If the reporting individual practices law, is licensed by  the
    27  department  of  state  as  a  real estate broker or agent or practices a
    28  profession licensed by the department of education, or works as a member
    29  or employee of a firm required to register pursuant to section one-e  of
    30  the  legislative  law  as a lobbyist, describe the services rendered for
    31  which compensation was paid including a general description of the prin-
    32  cipal subject areas of matters undertaken by such individual and princi-
    33  pal duties performed. Specifically state whether the reporting  individ-
    34  ual  provides  services  directly  to  clients. Additionally, if such an
    35  individual practices with a firm or corporation  and  is  a  partner  or
    36  shareholder  of  the  firm or corporation, give a general description of
    37  principal subject areas of matters undertaken by  such  firm  or  corpo-
    38  ration.
 
    39      ____________________________________________________________________
    40      ____________________________________________________________________
    41      ____________________________________________________________________
    42      ____________________________________________________________________
    43      ____________________________________________________________________
 
    44    (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
    45  PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
    46  THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR  FOR  NEW  MATTERS  FOR  EXISTING
    47  CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON

        S. 8006--C                         187                        A. 9006--C
 
     1  OR   AFTER   JULY   FIRST,  TWO  THOUSAND  TWELVE  AND  BEFORE  DECEMBER
     2  THIRTY-FIRST, TWO THOUSAND FIFTEEN:
     3    If the reporting individual personally provides services to any person
     4  or  entity,  or works as a member or employee of a partnership or corpo-
     5  ration that  provides  such  services  (referred  to  hereinafter  as  a
     6  "firm"),  then  identify  each  client or customer to whom the reporting
     7  individual personally provided services, or who was referred to the firm
     8  by the reporting individual, and from whom the reporting  individual  or
     9  his  or  her  firm earned fees in excess of $10,000 during the reporting
    10  period for such services rendered in direct connection with:
    11    (i) A contract in an amount totaling $50,000 or more from the state or
    12  any state agency for services, materials, or property;
    13    (ii) A grant of $25,000 or more from the state  or  any  state  agency
    14  during the reporting period;
    15    (iii)  A  grant  obtained  through a legislative initiative during the
    16  reporting period; or
    17    (iv) A case, proceeding, application or other matter  that  is  not  a
    18  ministerial matter before a state agency during the reporting period.
    19    For  purposes  of  this  question,  "referred to the firm" shall mean:
    20  having intentionally and knowingly taken a specific  act  or  series  of
    21  acts  to  intentionally  procure  for the reporting individual's firm or
    22  knowingly solicit or direct to the reporting individual's firm in  whole
    23  or  substantial  part,  a person or entity that becomes a client of that
    24  firm for the purposes of representation  for  a  matter  as  defined  in
    25  subparagraphs  (i) through (iv) of this paragraph, as the result of such
    26  procurement, solicitation or direction of the  reporting  individual.  A
    27  reporting  individual  need  not  disclose  activities  performed  while
    28  lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
    29  sion seven of section seventy-three of this article.
    30    The disclosure requirement in this question shall not require  disclo-
    31  sure  of  clients  or  customers  receiving  medical or dental services,
    32  mental health services, residential real estate brokering  services,  or
    33  insurance brokering services from the reporting individual or his or her
    34  firm.  The  reporting individual need not identify any client to whom he
    35  or she or his or her firm provided legal representation with respect  to
    36  investigation or prosecution by law enforcement authorities, bankruptcy,
    37  or  domestic  relations  matters. With respect to clients represented in
    38  other matters, where disclosure of a  client's  identity  is  likely  to
    39  cause harm, the reporting individual shall request an exemption from the
    40  [joint]  commission pursuant to [paragraph (i-1) of subdivision nine of]
    41  section ninety-four of the executive  law,  provided,  however,  that  a
    42  reporting  individual  who  first enters public office after July first,
    43  two thousand twelve, need not report clients or customers  with  respect
    44  to  matters  for  which  the reporting individual or his or her firm was
    45  retained prior to entering public office.
    46  Client                                     Nature of Services Provided
    47  ________________________________________________________________________
    48  ________________________________________________________________________
    49  ________________________________________________________________________
    50  ________________________________________________________________________
    51  ________________________________________________________________________
 
    52    (b-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS  FOR  WHOM  SERVICES
    53  ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
    54  FOR  NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
    55  SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-

        S. 8006--C                         188                        A. 9006--C
 
     1  SAND  FIFTEEN  (FOR  PURPOSES  OF  THIS  QUESTION, "SERVICES" SHALL MEAN
     2  CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
     3    If the reporting individual receives income from employment reportable
     4  in question 8(a) and personally provides services to any person or enti-
     5  ty,  or  works  as  a member or employee of a partnership or corporation
     6  that provides such services (referred to hereinafter as a  "firm"),  the
     7  reporting  individual shall identify each client or customer to whom the
     8  reporting individual personally provided services, or who  was  referred
     9  to  the  firm  by  the reporting individual, and from whom the reporting
    10  individual or his or her firm earned fees in excess  of  $10,000  during
    11  the reporting period in direct connection with:
    12    (i) A contract in an amount totaling $10,000 or more from the state or
    13  any state agency for services, materials, or property;
    14    (ii)  A  grant  of  $10,000 or more from the state or any state agency
    15  during the reporting period;
    16    (iii) A grant obtained through a  legislative  initiative  during  the
    17  reporting period; or
    18    (iv)  A  case,  proceeding,  application or other matter that is not a
    19  ministerial matter before a state agency during the reporting period.
    20    For such services rendered by the  reporting  individual  directly  to
    21  each  such  client,  describe  each  matter that was the subject of such
    22  representation, the services actually provided and the payment received.
    23  For payments received from clients referred to the firm by the reporting
    24  individual, if the reporting individual directly received a referral fee
    25  or fees for such referral,  identify  the  client  and  the  payment  so
    26  received.
    27    For  purposes  of  this  question,  "referred to the firm" shall mean:
    28  having intentionally and knowingly taken a specific  act  or  series  of
    29  acts  to  intentionally  procure  for the reporting individual's firm or
    30  having knowingly solicited or directed  to  the  reporting  individual's
    31  firm  in  whole  or  substantial part, a person or entity that becomes a
    32  client of that firm for the purposes of representation for a  matter  as
    33  defined  in clauses (i) through (iv) of this subparagraph, as the result
    34  of such procurement, solicitation or direction of the reporting individ-
    35  ual. A reporting individual need not disclose activities performed while
    36  lawfully acting in his or her capacity as provided  in  paragraphs  (c),
    37  (d),  (e)  and (f) of subdivision seven of section seventy-three of this
    38  article.
    39    Client   Matter     Nature of Services Provided      Category
    40                                                       of Amount
    41                                                      (in Table I)
 
    42  ________________________________________________________________________
    43  ________________________________________________________________________
    44  ________________________________________________________________________
    45  ________________________________________________________________________
    46  ________________________________________________________________________
 
    47    (b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS  FOR  WHOM  SERVICES
    48  ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
    49  FOR  NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
    50  SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
    51  SAND  FIFTEEN  (FOR  PURPOSES  OF  THIS  QUESTION, "SERVICES" SHALL MEAN
    52  CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
    53    (i) With respect to reporting individuals  who  receive  ten  thousand
    54  dollars  or  more  from employment or activity reportable under question

        S. 8006--C                         189                        A. 9006--C
 
     1  8(a), for each client or customer NOT otherwise disclosed or exempted in
     2  question 8 or 13, disclose the name of each client or customer known  to
     3  the  reporting  individual  to  whom  the  reporting individual provided
     4  services:  (A) who paid the reporting individual in excess of five thou-
     5  sand dollars for such services; or (B) who  had  been  billed  with  the
     6  knowledge of the reporting individual in excess of five thousand dollars
     7  by  the  firm  or  other entity named in question 8(a) for the reporting
     8  individual's services.
     9  Client               Services              Category of Amount
    10                   Actually Provided            (in Table I)
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
 
    11  FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
    12  DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
    13    * REVIEWED DOCUMENTS AND CORRESPONDENCE;
    14    * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
    15    * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
    16    * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
    17      OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
    18    * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
    19      NAME);
    20    * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
    21      REPRESENTATION OR CONSULTATION;
    22    * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
    23    * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
    24      RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
    25    * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
    26    (ii) With respect to reporting individuals who disclosed  in  question
    27  8(a)  that the reporting individual did not provide services to a client
    28  but provided services to a firm or business, identify  the  category  of
    29  amount  received  for  providing such services and describe the services
    30  rendered.
    31  Services Actually Provided                  Category of Amount (Table I)
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
    32    A reporting individual need not disclose  activities  performed  while
    33  lawfully  acting  in  his or her capacity as provided in paragraphs (c),
    34  (d), (e) and (f) of subdivision seven of section seventy-three  of  this
    35  article.
    36  The  disclosure  requirement  in  questions  (b-1)  and  (b-2) shall not
    37  require disclosing clients or customers  receiving  medical,  pharmaceu-
    38  tical  or  dental  services, mental health services, or residential real
    39  estate brokering services from the reporting individual or  his  or  her
    40  firm  or  if  federal  law prohibits or limits disclosure. The reporting
    41  individual need not identify any client to whom he or she or his or  her
    42  firm  provided  legal  representation  with  respect to investigation or
    43  prosecution by law enforcement authorities,  bankruptcy,  family  court,
    44  estate  planning, or domestic relations matters, nor shall the reporting
    45  individual identify individuals represented  pursuant  to  an  insurance
    46  policy  but  the  reporting  individual shall in such circumstances only
    47  report the entity that provides compensation to the  reporting  individ-

        S. 8006--C                         190                        A. 9006--C
 
     1  ual;  with  respect to matters in which the client's name is required by
     2  law to be kept confidential (such as  matters  governed  by  the  family
     3  court act) or in matters in which the reporting individual represents or
     4  provides  services  to  minors,  the  client's name may be replaced with
     5  initials. To the extent that the reporting individual,  or  his  or  her
     6  firm,  provided  legal  representation with respect to an initial public
     7  offering, and professional disciplinary  rules,  federal  law  or  regu-
     8  lations  restrict  the  disclosure of information relating to such work,
     9  the reporting individual shall (i) disclose the identity of  the  client
    10  and the services provided relating to the initial public offering to the
    11  office  of  court  administration,  who  will  maintain such information
    12  confidentially in a locked box; and (ii) include in his or her  response
    13  to  questions (b-1) and (b-2) that pursuant to this paragraph, a disclo-
    14  sure to the office of court administration has been made. Upon such time
    15  that the disclosure of information maintained in the locked  box  is  no
    16  longer  restricted  by  professional  disciplinary rules, federal law or
    17  regulation, the reporting individual shall disclose such information  in
    18  an  amended  disclosure statement in response to the disclosure require-
    19  ments in questions (b-1) and (b-2). The office of  court  administration
    20  shall  develop  and  maintain  a secure portal through which information
    21  submitted to it pursuant to this paragraph can be safely  and  confiden-
    22  tially  stored. With respect to clients represented in other matters not
    23  otherwise exempt, the reporting individual may request an  exemption  to
    24  publicly  disclosing the name of that client from the [joint] commission
    25  pursuant to [paragraph (i-1) of subdivision nine of] section ninety-four
    26  of the executive law, or from the office  of  court  administration.  In
    27  such  application,  the  reporting individual shall state the following:
    28  "My client is not currently receiving my services or seeking my services
    29  in connection with:
    30    (i) A proposed bill or resolution in the senate or assembly during the
    31  reporting period;
    32    (ii) A contract in an amount totaling $10,000 or more from  the  state
    33  or any state agency for services, materials, or property;
    34    (iii)  A  grant  of $10,000 or more from the state or any state agency
    35  during the reporting period;
    36    (iv) A grant obtained through  a  legislative  initiative  during  the
    37  reporting period; or
    38    (v)  A  case,  proceeding,  application  or other matter that is not a
    39  ministerial matter before a state agency during the reporting period."
    40    In reviewing the request for an exemption, the [joint]  commission  or
    41  the office of court administration may consult with bar or other profes-
    42  sional  associations  and the legislative ethics commission for individ-
    43  uals subject to its jurisdiction and may consider the rules  of  profes-
    44  sional  conduct.  In making its determination, the [joint] commission or
    45  the office of court administration shall conduct  its  own  inquiry  and
    46  shall consider factors including, but not limited to: (i) the nature and
    47  the  size of the client; (ii) whether the client has any business before
    48  the state; and if so, how significant the business is; and  whether  the
    49  client  has any particularized interest in pending legislation and if so
    50  how significant the interest is; (iii)  whether  disclosure  may  reveal
    51  trade secrets; (iv) whether disclosure could reasonably result in retal-
    52  iation  against  the client; (v) whether disclosure may cause undue harm
    53  to the client; (vi) whether disclosure may result in undue harm  to  the
    54  attorney-client relationship; and (vii) whether disclosure may result in
    55  an unnecessary invasion of privacy to the client.

        S. 8006--C                         191                        A. 9006--C
 
     1    The  [joint]  commission  or,  as the case may be, the office of court
     2  administration shall promptly make a final determination in response  to
     3  such  request, which shall include an explanation for its determination.
     4  The office of court administration shall issue its  final  determination
     5  within  three  days  of receiving the request. Notwithstanding any other
     6  provision of law or any professional disciplinary rule to the  contrary,
     7  the  disclosure of the identity of any client or customer in response to
     8  this question shall not constitute professional misconduct or  a  ground
     9  for  disciplinary action of any kind, or form the basis for any civil or
    10  criminal cause of action or proceeding. A reporting individual who first
    11  enters public office after January first, two thousand sixteen, need not
    12  report clients or customers  with  respect  to  matters  for  which  the
    13  reporting  individual  or his or her firm was retained prior to entering
    14  public office.
    15    (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES  ARE
    16  PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR
    17  NEW  MATTERS  FOR  EXISTING  CLIENTS  OR CUSTOMERS WITH RESPECT TO THOSE
    18  SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
    19  SAND FIFTEEN:
    20    If the reporting individual receives income of ten thousand dollars or
    21  greater  from any employment or activity reportable under question 8(a),
    22  identify each registered lobbyist who  has  directly  referred  to  such
    23  individual a client who was successfully referred to the reporting indi-
    24  vidual's  business  and  from  whom  the  reporting  individual  or firm
    25  received a fee for services in excess of five thousand  dollars.  Report
    26  only  those referrals that were made to a reporting individual by direct
    27  communication from a person known to such reporting individual to  be  a
    28  registered  lobbyist  at  the time the referral is made. With respect to
    29  each such referral, the reporting individual shall identify the  client,
    30  the registered lobbyist who has made the referral, the category of value
    31  of  the  compensation  received and a general description of the type of
    32  matter so referred. A reporting individual need not disclose  activities
    33  performed while lawfully acting pursuant to paragraphs (c), (d), (e) and
    34  (f)  of  subdivision seven of section seventy-three of this article. The
    35  disclosure requirements in this question shall  not  require  disclosing
    36  clients   or  customers  receiving  medical,  pharmaceutical  or  dental
    37  services, mental health services, or residential real  estate  brokering
    38  services  from the reporting individual or his or her firm or if federal
    39  law prohibits or limits disclosure. The reporting  individual  need  not
    40  identify  any client to whom he or she or his or her firm provided legal
    41  representation with respect  to  investigation  or  prosecution  by  law
    42  enforcement  authorities,  bankruptcy, family court, estate planning, or
    43  domestic relations matters, nor shall the reporting individual  identify
    44  individuals  represented pursuant to an insurance policy but the report-
    45  ing individual shall in such circumstances only report the  entity  that
    46  provides  compensation  to  the  reporting  individual;  with respect to
    47  matters in which the client's name is required by law to be kept  confi-
    48  dential (such as matters governed by the family court act) or in matters
    49  in  which  the  reporting  individual represents or provides services to
    50  minors, the client's name may be replaced with initials. To  the  extent
    51  that the reporting individual, or his or her firm, provided legal repre-
    52  sentation with respect to an initial public offering, and federal law or
    53  regulations  restricts  the  disclosure  of information relating to such
    54  work, the reporting individual shall (i) disclose the  identity  of  the
    55  client and the services provided relating to the initial public offering
    56  to  the  office of court administration, who will maintain such informa-

        S. 8006--C                         192                        A. 9006--C

     1  tion confidentially in a locked box; and (ii)  include  in  his  or  her
     2  response  a  statement  that pursuant to this paragraph, a disclosure to
     3  the office of court administration has been made. Upon  such  time  that
     4  the  disclosure of information maintained in the locked box is no longer
     5  restricted by federal law or regulation, the reporting individual  shall
     6  disclose such information in an amended disclosure statement in response
     7  to  the  disclosure requirements of this paragraph.  The office of court
     8  administration shall develop and maintain a secure portal through  which
     9  information submitted to it pursuant to this paragraph can be safely and
    10  confidentially  stored.  With  respect  to  clients represented in other
    11  matters not otherwise exempt, the reporting individual  may  request  an
    12  exemption  to  publicly  disclosing  the  name  of  that client from the
    13  [joint] commission pursuant to [paragraph (i-1) of subdivision nine  of]
    14  section  ninety-four  of  the executive law, or from the office of court
    15  administration. In such  application,  the  reporting  individual  shall
    16  state  the  following: "My client is not currently receiving my services
    17  or seeking my services in connection with:
    18    (i) A proposed bill or resolution in the senate or assembly during the
    19  reporting period;
    20    (ii) A contract in an amount totaling $10,000 or more from  the  state
    21  or any state agency for services, materials, or property;
    22    (iii)  A  grant  of $10,000 or more from the state or any state agency
    23  during the reporting period;
    24    (iv) A grant obtained through  a  legislative  initiative  during  the
    25  reporting period; or
    26    (v)  A  case,  proceeding,  application  or other matter that is not a
    27  ministerial matter before a state agency during the reporting period."
    28    In reviewing the request for an exemption, the [joint]  commission  or
    29  the office of court administration may consult with bar or other profes-
    30  sional  associations  and the legislative ethics commission for individ-
    31  uals subject to its jurisdiction and may consider the rules  of  profes-
    32  sional  conduct.  In making its determination, the [joint] commission or
    33  the office of court administration shall conduct  its  own  inquiry  and
    34  shall consider factors including, but not limited to: (i) the nature and
    35  the  size of the client; (ii) whether the client has any business before
    36  the state; and if so, how significant the business is; and  whether  the
    37  client  has any particularized interest in pending legislation and if so
    38  how significant the interest is; (iii)  whether  disclosure  may  reveal
    39  trade secrets; (iv) whether disclosure could reasonably result in retal-
    40  iation  against  the client; (v) whether disclosure may cause undue harm
    41  to the client; (vi) whether disclosure may result in undue harm  to  the
    42  attorney-client relationship; and (vii) whether disclosure may result in
    43  an unnecessary invasion of privacy to the client.
    44    The  [joint]  commission  or,  as the case may be, the office of court
    45  administration shall promptly make a final determination in response  to
    46  such  request, which shall include an explanation for its determination.
    47  The office of court administration shall issue its  final  determination
    48  within  three  days  of receiving the request. Notwithstanding any other
    49  provision of law or any professional disciplinary rule to the  contrary,
    50  the  disclosure of the identity of any client or customer in response to
    51  this question shall not constitute professional misconduct or  a  ground
    52  for  disciplinary action of any kind, or form the basis for any civil or
    53  criminal cause of action or proceeding. A reporting individual who first
    54  enters public office after December thirty-first, two thousand  fifteen,
    55  need  not  report clients or customers with respect to matters for which

        S. 8006--C                         193                        A. 9006--C
 
     1  the reporting individual or his or her firm was retained prior to enter-
     2  ing public office.
     3  Client        Name of Lobbyist     Description    Category of Amount
     4                                     of Matter       (in Table 1)
     5  ________________________________________________________________________
     6  ________________________________________________________________________
     7  ________________________________________________________________________
     8  ________________________________________________________________________
     9  ________________________________________________________________________
 
    10    (d)  List  the  name, principal address and general description or the
    11  nature of the business activity of any entity  in  which  the  reporting
    12  individual  or  such  individual's  spouse  or  domestic  partner had an
    13  investment in excess of $1,000 excluding investments in  securities  and
    14  interests in real property.
    15    9.  List  each  source  of gifts, EXCLUDING campaign contributions, in
    16  EXCESS of $1,000, received during the reporting period  for  which  this
    17  statement  is  filed  by  the  reporting individual or such individual's
    18  spouse, domestic partner or unemancipated child  from  the  same  donor,
    19  EXCLUDING  gifts  from  a  relative. INCLUDE the name and address of the
    20  donor. The term "gifts" does not include reimbursements, which  term  is
    21  defined in item 10.  Indicate the value and nature of each such gift.
 
    22                                                               Category
    23       Self,                                                      of
    24      Spouse,    Name of                       Nature          Value of
    25      Domestic    Donor         Address        of Gift          Gift
    26      Partner                                                (In Table I)
    27      or Child
 
    28      ____________________________________________________________________
    29      ____________________________________________________________________
    30      ____________________________________________________________________
    31      ____________________________________________________________________
    32      ____________________________________________________________________
 
    33  10. Identify  and  briefly describe the source of any reimbursements for
    34      expenditures, EXCLUDING campaign expenditures  and  expenditures  in
    35      connection  with  official duties reimbursed by the state, in EXCESS
    36      of $1,000 from each such source. For purposes of this item, the term
    37      "reimbursements" shall mean any travel-related expenses provided  by
    38      nongovernmental  sources and for activities related to the reporting
    39      individual's official duties such as, speaking engagements,  confer-
    40      ences,  or  factfinding  events.  The term "reimbursements" does NOT
    41      include gifts reported under item 9.
 
    42      Source                                                   Description

    43      ____________________________________________________________________
    44      ____________________________________________________________________
    45      ____________________________________________________________________
    46      ____________________________________________________________________
    47      ____________________________________________________________________

        S. 8006--C                         194                        A. 9006--C
 
     1  11. List the identity and value, if reasonably  ascertainable,  of  each
     2      interest  in a trust, estate or other beneficial interest, including
     3      retirement plans (other than retirement plans of the  state  of  New
     4      York  or  the  city  of  New  York), and deferred compensation plans
     5      (e.g.,  401,  403(b),  457, etc.) established in accordance with the
     6      internal revenue code, in which  the  REPORTING  INDIVIDUAL  held  a
     7      beneficial  interest  in  EXCESS  of  $1,000  at any time during the
     8      preceding year. Do NOT report interests in a trust, estate or  other
     9      beneficial interest established by or for, or the estate of, a rela-
    10      tive.
 
    11                                                               Category
    12      Identity                                                 of Value*
    13                                                             (In Table II)
 
    14      ____________________________________________________________________
    15      ____________________________________________________________________
    16      ____________________________________________________________________
    17      ____________________________________________________________________
    18      ____________________________________________________________________
    19    * The  value  of  such  interest  shall be reported only if reasonably
    20  ascertainable.
 
    21  12. (a)  Describe the terms of, and the parties to, any contract,  prom-
    22      ise,  or  other  agreement  between the reporting individual and any
    23      person, firm, or corporation with respect to the employment of  such
    24      individual  after  leaving office or position (other than a leave of
    25      absence).
 
    26      ____________________________________________________________________
    27      ____________________________________________________________________
    28      ____________________________________________________________________
    29      ____________________________________________________________________
    30      ____________________________________________________________________
 
    31  (b)  Describe the parties to and the terms of  any  agreement  providing
    32      for continuation of payments or benefits to the REPORTING INDIVIDUAL
    33      in  EXCESS  of  $1,000  from  a prior employer OTHER THAN the State.
    34      (This includes interests in or  contributions  to  a  pension  fund,
    35      profit-sharing  plan,  or  life  or health insurance; buy-out agree-
    36      ments; severance payments; etc.)
 
    37      ____________________________________________________________________
    38      ____________________________________________________________________
    39      ____________________________________________________________________
    40      ____________________________________________________________________
    41      ____________________________________________________________________
 
    42  13. List below the nature and amount of any income in EXCESS  of  $1,000
    43      from  EACH SOURCE for the reporting individual and such individual's
    44      spouse or domestic partner for the taxable year last occurring prior
    45      to the date of filing.   Each such source  must  be  described  with
    46      particularity. Nature of income includes, but is not limited to, all
    47      income  (other  than  that received from the employment listed under
    48      Item 2 above) from compensated employment whether public or private,
    49      directorships and other fiduciary  positions,  contractual  arrange-

        S. 8006--C                         195                        A. 9006--C
 
     1      ments,  teaching  income,  partnerships,  honorariums, lecture fees,
     2      consultant fees, bank and bond interest, dividends,  income  derived
     3      from  a trust, real estate rents, and recognized gains from the sale
     4      or  exchange  of  real or other property.  Income from a business or
     5      profession and real estate rents shall be reported with  the  source
     6      identified  by the building address in the case of real estate rents
     7      and otherwise by the name of the entity and not by the name  of  the
     8      individual  customers,  clients  or  tenants, with the aggregate net
     9      income before taxes for  each  building  address  or  entity.    The
    10      receipt  of  maintenance  received  in connection with a matrimonial
    11      action, alimony and child support payments shall not be listed.
 
    12      Self/                                                       Category
    13      Spouse          Source                   Nature            of Amount
    14      or Domestic                                             (In Table I)
    15      Partner
 
    16      ____________________________________________________________________
    17      ____________________________________________________________________
    18      ____________________________________________________________________
    19      ____________________________________________________________________
    20      ____________________________________________________________________
 
    21  14. List the sources of any deferred income (not retirement  income)  in
    22      EXCESS  of $1,000 from each source to be paid to the reporting indi-
    23      vidual following the close of  the  calendar  year  for  which  this
    24      disclosure  statement  is  filed,  other  than deferred compensation
    25      reported in item 11 hereinabove. Deferred income  derived  from  the
    26      practice  of a profession shall be listed in the aggregate and shall
    27      identify as the source, the name of the firm, corporation,  partner-
    28      ship  or association through which the income was derived, but shall
    29      not identify individual clients.
 
    30                                                                  Category
    31      Source                                                     of Amount
    32                                                              (In Table I)
 
    33      ____________________________________________________________________
    34      ____________________________________________________________________
    35      ____________________________________________________________________
    36      ____________________________________________________________________
    37      ____________________________________________________________________
 
    38  15. List each assignment of income in EXCESS of $1,000, and each  trans-
    39      fer  other  than to a relative during the reporting period for which
    40      this statement is filed for  less  than  fair  consideration  of  an
    41      interest in a trust, estate or other beneficial interest, securities
    42      or  real property, by the reporting individual, in excess of $1,000,
    43      which would otherwise be required to be reported herein and  is  not
    44      or has not been so reported.
 
    45      Item Assigned                    Assigned or             Category
    46      or Transferred                 Transferred to            of Value
    47                                                             (In Table I)

        S. 8006--C                         196                        A. 9006--C
 
     1      ____________________________________________________________________
     2      ____________________________________________________________________
     3      ____________________________________________________________________
     4      ____________________________________________________________________
     5      ____________________________________________________________________
 
     6  16. List  below  the  type  and  market  value of securities held by the
     7      reporting individual or such individual's spouse or domestic partner
     8      from each issuing entity in EXCESS of $1,000 at  the  close  of  the
     9      taxable  year  last occurring prior to the date of filing, including
    10      the name of the issuing entity exclusive of securities held  by  the
    11      reporting  individual issued by a professional corporation. Whenever
    12      an interest in securities exists through a beneficial interest in  a
    13      trust, the securities held in such trust shall be listed ONLY IF the
    14      reporting  individual has knowledge thereof except where the report-
    15      ing individual or the  reporting  individual's  spouse  or  domestic
    16      partner  has transferred assets to such trust for his or her benefit
    17      in which event such securities shall be listed unless they  are  not
    18      ascertainable  by  the  reporting  individual because the trustee is
    19      under an obligation  or  has  been  instructed  in  writing  not  to
    20      disclose  the  contents  of  the  trust to the reporting individual.
    21      Securities of which the reporting individual or the reporting  indi-
    22      vidual's  spouse  or  domestic partner is the owner of record but in
    23      which such individual or the reporting individual's spouse or domes-
    24      tic partner has no beneficial interest shall not be listed.    Indi-
    25      cate  percentage  of  ownership  ONLY if the reporting person or the
    26      reporting person's spouse or domestic partner holds more  than  five
    27      percent  (5%)  of  the  stock of a corporation in which the stock is
    28      publicly traded or more than ten percent (10%) of  the  stock  of  a
    29      corporation  in  which  the  stock is NOT publicly traded. Also list
    30      securities owned for investment purposes by a corporation more  than
    31      fifty  percent (50%) of the stock of which is owned or controlled by
    32      the reporting individual or such  individual's  spouse  or  domestic
    33      partner.    For the purpose of this item the term "securities" shall
    34      mean mutual funds, bonds, mortgages,  notes,  obligations,  warrants
    35      and  stocks of any class, investment interests in limited or general
    36      partnerships and certificates  of  deposits  (CDs)  and  such  other
    37      evidences of indebtedness and certificates of interest as are usual-
    38      ly  referred to as securities.  The market value for such securities
    39      shall be reported only if reasonably ascertainable and shall not  be
    40      reported  if  the  security  is an interest in a general partnership
    41      that was listed in item 8 (a) or if the security is corporate stock,
    42      NOT publicly traded, in a trade or business of a reporting  individ-
    43      ual or a reporting individual's spouse or domestic partner.
 
    44                                       Percentage
    45                                       of corporate
    46                                       stock owned
    47                                       or controlled      Category of
    48                                       (if more than      Market Value
    49                                       5% of pub-         as of the close
    50                                       licly traded       of the
    51                                       stock, or          taxable year
    52                                       more than          last occurring

        S. 8006--C                         197                        A. 9006--C
 
     1                                       10% if stock       prior to
     2      Self/     Issuing    Type of     not publicly       the filing of
     3      Spouse    Entity     Security    traded, is held)   this statement
     4      or                                                  (In Table II)
     5      Domestic
     6      Partner
 
     7      ____________________________________________________________________
     8      ____________________________________________________________________
     9      ____________________________________________________________________
    10      ____________________________________________________________________
    11      ____________________________________________________________________

    12  17. List  below  the  location,  size, general nature, acquisition date,
    13      market value and percentage of ownership of  any  real  property  in
    14      which  any vested or contingent interest in EXCESS of $1,000 is held
    15      by the reporting individual or the reporting individual's spouse  or
    16      domestic  partner.  Also  list  real  property  owned for investment
    17      purposes by a corporation more than fifty percent (50%) of the stock
    18      of which is owned or controlled by the reporting individual or  such
    19      individual's  spouse or domestic partner. Do NOT list any real prop-
    20      erty which is the primary or secondary  personal  residence  of  the
    21      reporting  individual or the reporting individual's spouse or domes-
    22      tic partner, except where there is a co-owner who is  other  than  a
    23      relative.

    24      Self/                                       Percentage    Category
    25      Spouse/              General   Acquisition     of         of Market
    26      Domestic             Nature    Date         Ownership      Value
    27      Partner                                                    (In
    28      Corporation Location  Size                                Table II)
 
    29  ________________________________________________________________________
    30  ________________________________________________________________________
    31  ________________________________________________________________________
    32  ________________________________________________________________________
    33  ________________________________________________________________________
 
    34  18. List  below all notes and accounts receivable, other than from goods
    35      or services sold, held by the reporting individual at the  close  of
    36      the  taxable  year  last  occurring  prior to the date of filing and
    37      other debts owed to such individual at the close of the taxable year
    38      last occurring prior to the date of filing,  in  EXCESS  of  $1,000,
    39      including  the  name of the debtor, type of obligation, date due and
    40      the nature of the collateral  securing  payment  of  each,  if  any,
    41      excluding  securities  reported in item 16 hereinabove. Debts, notes
    42      and accounts receivable owed to the individual by a  relative  shall
    43      not be reported.
 
    44                                Type of Obligation,               Category
    45                                Date Due, and Nature                 of
    46      Name of Debtor            of Collateral, if any               Amount
    47                                                             (In Table II)
 
    48      ____________________________________________________________________
    49      ____________________________________________________________________

        S. 8006--C                         198                        A. 9006--C
 
     1      ____________________________________________________________________
     2      ____________________________________________________________________
     3      ____________________________________________________________________
 
     4  19. List  below  all  liabilities  of  the reporting individual and such
     5      individual's spouse or domestic partner, in EXCESS of $10,000 as  of
     6      the  date  of  filing of this statement, other than liabilities to a
     7      relative. Do NOT list liabilities incurred by,  or  guarantees  made
     8      by, the reporting individual or such individual's spouse or domestic
     9      partner  or  by  any  proprietorship,  partnership or corporation in
    10      which the reporting individual or such individual's spouse or domes-
    11      tic partner has an interest, when incurred or made in  the  ordinary
    12      course  of  the  trade,  business  or  professional  practice of the
    13      reporting  individual  or  such  individual's  spouse  or   domestic
    14      partner.    Include  the  name  of  the  creditor and any collateral
    15      pledged by such individual to secure payment of any such  liability.
    16      A  reporting individual shall not list any obligation to pay mainte-
    17      nance in connection with a  matrimonial  action,  alimony  or  child
    18      support payments. Any loan issued in the ordinary course of business
    19      by a financial institution to finance educational costs, the cost of
    20      home  purchase or improvements for a primary or secondary residence,
    21      or purchase of a personally owned motor vehicle, household furniture
    22      or appliances shall be excluded. If any  such  reportable  liability
    23      has been guaranteed by any third person, list the liability and name
    24      the guarantor.
 
    25                                                                  Category
    26      Name of Creditor          Type of Liability                    of
    27      or Guarantor              and Collateral, if any              Amount
    28                                                             (In Table II)
 
    29      ____________________________________________________________________
    30      ____________________________________________________________________
    31      ____________________________________________________________________
    32      ____________________________________________________________________
    33      ____________________________________________________________________
 
    34      The  requirements  of  law  relating  to  the reporting of financial
    35      interests are in the public interest and  no  adverse  inference  of
    36      unethical  or  illegal conduct or behavior will be drawn merely from
    37      compliance with these requirements.
 
    38      ___________________________________       _________________________
    39      (Signature of Reporting Individual)       Date  (month/day/year)
 
    40                                     TABLE I
    41      Category A                  none
    42      Category B      $        1 to under $    1,000
    43      Category C      $    1,000 to under $    5,000
    44      Category D      $    5,000 to under $   20,000
    45      Category E      $   20,000 to under $   50,000
    46      Category F      $   50,000 to under $   75,000
    47      Category G      $   75,000 to under $  100,000
    48      Category H      $  100,000 to under $  150,000
    49      Category I      $  150,000 to under $  250,000
    50      Category J      $  250,000 to under $  350,000

        S. 8006--C                         199                        A. 9006--C
 
     1      Category K      $  350,000 to under $  450,000
     2      Category L      $  450,000 to under $  550,000
     3      Category M      $  550,000 to under $  650,000
     4      Category N      $  650,000 to under $  750,000
     5      Category O      $  750,000 to under $  850,000
     6      Category P      $  850,000 to under $  950,000
     7      Category Q      $  950,000 to under $1,050,000
     8      Category R      $1,050,000 to under $1,150,000
     9      Category S      $1,150,000 to under $1,250,000
    10      Category T      $1,250,000 to under $1,350,000
    11      Category U      $1,350,000 to under $1,450,000
    12      Category V      $1,450,000 to under $1,550,000
    13      Category W      $1,550,000 to under $1,650,000
    14      Category X      $1,650,000 to under $1,750,000
    15      Category Y      $1,750,000 to under $1,850,000
    16      Category Z      $1,850,000 to under $1,950,000
    17      Category AA     $1,950,000 to under $2,050,000
    18      Category BB     $2,050,000 to under $2,150,000
    19      Category CC     $2,150,000 to under $2,250,000
    20      Category DD     $2,250,000 to under $2,350,000
    21      Category EE     $2,350,000 to under $2,450,000
    22      Category FF     $2,450,000 to under $2,550,000
    23      Category GG     $2,550,000 to under $2,650,000
    24      Category HH     $2,650,000 to under $2,750,000
    25      Category II     $2,750,000 to under $2,850,000
    26      Category JJ     $2,850,000 to under $2,950,000
    27      Category KK     $2,950,000 to under $3,050,000
    28      Category LL     $3,050,000 to under $3,150,000
    29      Category MM     $3,150,000 to under $3,250,000
    30      Category NN     $3,250,000 to under $3,350,000
    31      Category OO     $3,350,000 to under $3,450,000
    32      Category PP     $3,450,000 to under $3,550,000
    33      Category QQ     $3,550,000 to under $3,650,000
    34      Category RR     $3,650,000 to under $3,750,000
    35      Category SS     $3,750,000 to under $3,850,000
    36      Category TT     $3,850,000 to under $3,950,000
    37      Category UU     $3,950,000 to under $4,050,000
    38      Category VV     $4,050,000 to under $4,150,000
    39      Category WW     $4,150,000 to under $4,250,000
    40      Category XX     $4,250,000 to under $4,350,000
    41      Category YY     $4,350,000 to under $4,450,000
    42      Category ZZ     $4,450,000 to under $4,550,000
    43      Category AAA    $4,550,000 to under $4,650,000
    44      Category BBB    $4,650,000 to under $4,750,000
    45      Category CCC    $4,750,000 to under $4,850,000
    46      Category DDD    $4,850,000 to under $4,950,000
    47      Category EEE    $4,950,000 to under $5,050,000
    48      Category FFF    $5,050,000 to under $5,150,000
    49      Category GGG    $5,150,000 to under $5,250,000
    50      Category HHH    $5,250,000 to under $5,350,000
    51      Category III    $5,350,000 to under $5,450,000
    52      Category JJJ    $5,450,000 to under $5,550,000
    53      Category KKK    $5,550,000 to under $5,650,000
    54      Category LLL    $5,650,000 to under $5,750,000
    55      Category MMM    $5,750,000 to under $5,850,000
    56      Category NNN    [$5,580,000] $5,850,000 to under $5,950,000

        S. 8006--C                         200                        A. 9006--C
 
     1      Category OOO    $5,950,000 to under $6,050,000
     2      Category PPP    $6,050,000 to under $6,150,000
     3      Category QQQ    $6,150,000 to under $6,250,000
     4      Category RRR    $6,250,000 to under $6,350,000
     5      Category SSS    $6,350,000 to under $6,450,000
     6      Category TTT    $6,450,000 to under $6,550,000
     7      Category UUU    $6,550,000 to under $6,650,000
     8      Category VVV    $6,650,000 to under $6,750,000
     9      Category WWW    $6,750,000 to under $6,850,000
    10      Category XXX    $6,850,000 to under $6,950,000
    11      Category YYY    $6,950,000 to under $7,050,000
    12      Category ZZZ    $7,050,000 to under $7,150,000
    13      Category AAAA   $7,150,000 to under $7,250,000
    14      Category BBBB   $7,250,000 to under $7,350,000
    15      Category CCCC   $7,350,000 to under $7,450,000
    16      Category DDDD   $7,450,000 to under $7,550,000
    17      Category EEEE   $7,550,000 to under $7,650,000
    18      Category FFFF   $7,650,000 to under $7,750,000
    19      Category GGGG   $7,750,000 to under $7,850,000
    20      Category HHHH   $7,850,000 to under $7,950,000
    21      Category IIII   $7,950,000 to under $8,050,000
    22      Category JJJJ   $8,050,000 to under $8,150,000
    23      Category KKKK   $8,150,000 to under $8,250,000
    24      Category LLLL   $8,250,000 to under $8,350,000
    25      Category MMMM   $8,350,000 to under $8,450,000
    26      Category NNNN   $8,450,000 to under $8,550,000
    27      Category OOOO   $8,550,000 to under $8,650,000
    28      Category PPPP   $8,650,000 to under $8,750,000
    29      Category QQQQ   $8,750,000 to under $8,850,000
    30      Category RRRR   $8,850,000 to under $8,950,000
    31      Category SSSS   $8,950,000 to under $9,050,000
    32      Category TTTT   $9,050,000 to under $9,150,000
    33      Category UUUU   $9,150,000 to under $9,250,000
    34      Category VVVV   $9,250,000 to under $9,350,000
    35      Category WWWW   $9,350,000 to under $9,450,000
    36      Category XXXX   $9,450,000 to under $9,550,000
    37      Category YYYY   $9,550,000 to under $9,650,000
    38      Category ZZZZ   $9,650,000 to under $9,750,000
    39      Category AAAAA  $9,750,000 to under $9,850,000
    40      Category BBBBB  $9,850,000 to under $9,950,000
    41      Category CCCCC  $9,950,000 to under $10,000,000
    42      Category DDDDD  $10,000,000 or over
 
    43                                    TABLE II
    44      Category A                none
    45      Category B    $        1 to under $    1,000
    46      Category C    $    1,000 to under $    5,000
    47      Category D    $    5,000 to under $   20,000
    48      Category E    $   20,000 to under $   50,000
    49      Category F    $   50,000 to under $   75,000
    50      Category G    $   75,000 to under $  100,000
    51      Category H    $  100,000 to under $  150,000
    52      Category I    $  150,000 to under $  250,000
    53      Category J    $  250,000 to under $  500,000
    54      Category K    $  500,000 to under $  750,000
    55      Category L    $  750,000 to under $1,000,000

        S. 8006--C                         201                        A. 9006--C
 
     1      Category M    $1,000,000 to under $1,250,000
     2      Category N    $1,250,000 to under $1,500,000
     3      Category O    $1,500,000 to under $1,750,000
     4      Category P    $1,750,000 to under $2,000,000
     5      Category Q    $2,000,000 to under $2,250,000
     6      Category R    $2,250,000 to under $2,500,000
     7      Category S    $2,500,000 to under $2,750,000
     8      Category T    $2,750,000 to under $3,000,000
     9      Category U    $3,000,000 to under $3,250,000
    10      Category V    $3,250,000 to under $3,500,000
    11      Category W    $3,500,000 to under $3,750,000
    12      Category X    $3,750,000 to under $4,000,000
    13      Category Y    $4,000,000 to under $4,250,000
    14      Category Z    $4,250,000 to under $4,500,000
    15      Category AA   $4,500,000 to under $4,750,000
    16      Category BB   $4,750,000 to under $5,000,000
    17      Category CC   $5,000,000 to under $5,250,000
    18      Category DD   $5,250,000 to under $5,500,000
    19      Category EE   $5,500,000 to under $5,750,000
    20      Category FF   $5,750,000 to under $6,000,000
    21      Category GG   $6,000,000 to under $6,250,000
    22      Category HH   $6,250,000 to under $6,500,000
    23      Category II   $6,500,000 to under $6,750,000
    24      Category JJ   $6,750,000 to under $7,000,000
    25      Category KK   $7,000,000 to under $7,250,000
    26      Category LL   $7,250,000 to under $7,500,000
    27      Category MM   $7,500,000 to under $7,750,000
    28      Category NN   $7,750,000 to under $8,000,000
    29      Category OO   $8,000,000 to under $8,250,000
    30      Category PP   $8,250,000 to under $8,500,000
    31      Category QQ   $8,500,000 to under $8,750,000
    32      Category RR   $8,750,000 to under $9,000,000
    33      Category SS   $9,000,000 to under $9,250,000
    34      Category TT   $9,250,000 to under $9,500,000
    35      Category UU   $9,500,000 or over
    36    §  19.  This act shall take effect on the ninetieth day after it shall
    37  have become a law.
 
    38                                   PART RR
 
    39    Section 1.  The opening paragraph and subdivisions 1 and 2 of  section
    40  1306  of  the racing, pari-mutuel wagering and breeding law, the opening
    41  paragraph as amended by chapter 243 of the laws of 2020 and subdivisions
    42  1 and 2 as added by chapter 174 of the laws of 2013, are amended to read
    43  as follows:
    44    The New York  state  gaming  facility  location  board  shall  select,
    45  following  a competitive process and subject to the restrictions of this
    46  article, no more than [four] seven entities to apply to  the  commission
    47  for  gaming facility licenses; provided however, that no more than three
    48  gaming facilities shall be  located  in  zone  one.  In  exercising  its
    49  authority,  the  board  shall have all powers necessary or convenient to
    50  fully carry out and effectuate its purposes including, but  not  limited
    51  to, the following powers. The board shall:
    52    1. issue a request for applications for zone one or two gaming facili-
    53  ty  licenses  pursuant  to  section one thousand three hundred twelve or
    54  section one thousand three hundred twenty-one-b of this article;

        S. 8006--C                         202                        A. 9006--C
 
     1    2. assist the commission in prescribing the form  of  the  application
     2  for zone one or two gaming facility licenses including information to be
     3  furnished by an applicant concerning an applicant's antecedents, habits,
     4  character,  associates,  criminal record, business activities and finan-
     5  cial  affairs,  past  or  present pursuant to section one thousand three
     6  hundred thirteen or section one thousand three hundred  twenty-one-c  of
     7  this article;
     8    §  2. Subparagraph 2 of paragraph (a) of subdivision 2 of section 1310
     9  of the racing, pari-mutuel wagering and breeding law, as added by  chap-
    10  ter 174 of the laws of 2013, is amended to read as follows:
    11    (2)  Region  two  shall  consist of Bronx, Kings, New York, Queens and
    12  Richmond counties[. No gaming facility shall  be  authorized  in  region
    13  two]; and
    14    §  3.  The title heading of title 2 of article 13 of the racing, pari-
    15  mutuel wagering and breeding law, as added by chapter 174 of the laws of
    16  2013, is amended to read as follows:
    17        FACILITY DETERMINATION AND LICENSING: UPSTATE GAMING FACILITIES
    18    § 4. Section 1310 of title 2 of article 13 of the racing,  pari-mutuel
    19  wagering  and  breeding  law  is redesignated section 1310 of title 1 of
    20  such article.
    21    § 5. Subdivisions 1 and 3 of section 1311 of the  racing,  pari-mutuel
    22  wagering  and  breeding  law, subdivision 1 as amended by chapter 175 of
    23  the laws of 2013 and subdivision 3 as added by section 6 of  part  Y  of
    24  chapter 59 of the laws of 2021, are amended to read as follows:
    25    1.  The  commission  is authorized to award up to four gaming facility
    26  licenses, in regions one, two and five of zone two. The duration of such
    27  initial license shall be ten years. The term of renewal shall be  deter-
    28  mined by the commission.  The commission may award a second license to a
    29  qualified  applicant  in no more than a single region. The commission is
    30  not empowered to award any license [in zone one.  No  gaming  facilities
    31  are  authorized]  nor  are  any  gaming facilities authorized under this
    32  [article] title for the city of New York or any other  portion  of  zone
    33  one.
    34    As a condition of licensure, licensees are required to commence gaming
    35  operations  no  more than twenty-four months following license award. No
    36  additional licenses may be awarded during the twenty-four month  period,
    37  nor  for an additional sixty months following the end of the twenty-four
    38  month period. Should the state legislatively authorize additional gaming
    39  facility licenses within these periods, licensees shall have  the  right
    40  to  recover  the license fee paid pursuant to section one thousand three
    41  hundred six of this article.
    42    This right shall be incorporated into the license  itself,  vest  upon
    43  the  opening  of  a gaming facility in zone one or in the same region as
    44  the licensee and entitle the holder of such license to bring  an  action
    45  in  the  court  of  claims  to  recover the license fee paid pursuant to
    46  section one thousand three hundred fifteen of this  [article]  title  in
    47  the  event  that  any  gaming  facility  license in excess of the number
    48  authorized by this section as of the effective date of this  section  is
    49  awarded within seven years from the date that the initial gaming facili-
    50  ty  license  is  awarded.    This right to recover any such fee shall be
    51  proportionate to the length of  the  respective  period  that  is  still
    52  remaining upon the vesting of such right.
    53    Additionally,  the  right to bring an action in the court of claims to
    54  recover the fee paid to the state on the twenty-fourth day of September,
    55  two thousand ten, by the operator of a video lottery gaming facility  in
    56  a  city  of more than one million shall vest with such operator upon the

        S. 8006--C                         203                        A. 9006--C
 
     1  opening of any gaming facility licensed by the commission  in  zone  one
     2  within  seven  years  from  the  date  that  the initial gaming facility
     3  license is awarded; provided however that the amount  recoverable  shall
     4  be limited to the pro rata amount of the time remaining until the end of
     5  the  seven  year exclusivity period, proportionate to the period of time
     6  between the date of opening of the  video  lottery  facility  until  the
     7  conclusion of the seven year period.
     8    3. As a condition for continued licensure, licensees shall be required
     9  to  house  upon  the  physical premises of the licensed gaming facility,
    10  upon request, a mobile sports wagering  platform  provider's  server  or
    11  other  equipment  used  for  receiving  mobile sports wagers pursuant to
    12  section [1367-a of the racing, pari-mutuel wagering  and  breeding  law]
    13  1367-a  of  this  article; provided however, that such licensee shall be
    14  entitled to the reasonable and actual costs, as determined by the gaming
    15  commission, of physically housing and  securing  such  server  or  other
    16  equipment  used  for  receiving  mobile sports wagers at such licensee's
    17  licensed gaming facility; and provided further, [that  as  consideration
    18  for  housing  and  securing  such server at the physical premises of the
    19  licensed gaming facility,] for the duration of the initial license term,
    20  a mobile sports wagering platform [providers]  provider  shall  pay  [to
    21  such  licensed  gaming  facility, five] two and one-half million dollars
    22  per year [for the duration of the time that such server  is  housed  and
    23  operating  at  the  physical premises of such licensed gaming facility].
    24  Each gaming facility licensed under title  two  of  this  article  shall
    25  receive five million dollars per year, which shall be paid no later than
    26  May first of each year.
    27    §  6.  The  opening  paragraph of subdivision 1 of section 1312 of the
    28  racing, pari-mutuel wagering and breeding law, as added by  chapter  174
    29  of the laws of 2013, is amended to read as follows:
    30    The  board  shall  issue  within  ninety days of a majority of members
    31  being appointed a request for applications for a gaming facility license
    32  in regions one, two and five in zone two; provided,  however,  that  the
    33  board  shall  not  issue any requests for applications for any region in
    34  zone one under this title; and further provided that the board shall not
    35  issue any requests for applications with respect to any gaming  facility
    36  subsequently  legislatively  authorized  until seven years following the
    37  commencement of gaming activities in zone two, unless such  request  for
    38  application  with  respect  to any subsequently legislatively authorized
    39  gaming facility adheres to the procedure as  described  in  section  one
    40  thousand  three  hundred eleven of this title. All requests for applica-
    41  tions shall include:
    42    § 7. Article 13 of the racing, pari-mutuel wagering and  breeding  law
    43  is amended by adding a new title 2-A to read as follows:
    44                                  TITLE 2-A
    45     FACILITY DETERMINATION AND LICENSING: ADDITIONAL GAMING FACILITIES
    46  Section 1321-a. License authorization; restrictions.
    47          1321-b. Requests for applications.
    48          1321-c. Form of application.
    49          1321-d. License applicant eligibility.
    50          1321-e. Required capital investment.
    51          1321-f. Minimum license thresholds.
    52          1321-g. Investigation of license applicants.
    53          1321-h. Disqualifying criteria.
    54          1321-i. Hearings.
    55          1321-j. Siting evaluation.
    56          1321-k. Zoning.

        S. 8006--C                         204                        A. 9006--C
 
     1    §  1321-a.  License  authorization; restrictions. 1. The commission is
     2  authorized to award up to three additional gaming facility licenses. The
     3  duration of such initial license and the term of renewal shall be deter-
     4  mined by the commission; provided however,  that  such  initial  license
     5  term shall be no less than ten years but no more than thirty years based
     6  on the proposed total investment of the applicant's project.
     7    2. If any of the three additional gaming facility licenses are awarded
     8  to  an  entity  that  was  licensed for video lottery gaming pursuant to
     9  section sixteen hundred seventeen-a of the tax law as of  January  first
    10  two  thousand twenty-two, the education aid for the state resulting from
    11  taxes imposed pursuant to subdivision one-a of section thirteen  hundred
    12  fifty-one  of this article on the gaming facility operations of any such
    13  entity in a given state fiscal year shall be no less than the  total  of
    14  education  aid  deposits  into  the  state  lottery  fund from the video
    15  lottery gaming operations of such entity for the full twelve month peri-
    16  od immediately preceding its opening date as a gaming facility, provided
    17  however, that the twelve month period education aid total shall  not  be
    18  less  than  the  education aid total from the video lottery gaming oper-
    19  ations of such entity for state fiscal  year  two  thousand  twenty-two.
    20  Should  the  education  aid  for  the state resulting from taxes imposed
    21  pursuant to subdivision one-a of section thirteen hundred  fifty-one  of
    22  this  article  on  the  gaming facility operations of such entity at the
    23  conclusion of a given state fiscal year be less than the total  required
    24  under this subdivision, such entity shall remit the necessary payment to
    25  the  commission  for  deposit into the commercial gaming revenue fund no
    26  later than the next occurring May first.  Notwithstanding section  nine-
    27  ty-seven-nnnn of the state finance law, such payment into the commercial
    28  gaming revenue fund shall be available only for elementary and secondary
    29  education.  For the purposes of this section, video lottery gaming oper-
    30  ations of an entity shall include any hosted video lottery devices.
    31    3.  Notwithstanding  the foregoing, no casino gaming facility shall be
    32  authorized:
    33    (a) in the counties of Clinton, Essex, Franklin, Hamilton,  Jefferson,
    34  Lewis, Saint Lawrence and Warren;
    35    (b)  within  the  following area: (1) to the east, State Route 14 from
    36  Sodus Point to the Pennsylvania border with New York; (2) to the  north,
    37  the border between New York and Canada; (3) to the south, the Pennsylva-
    38  nia  border  with  New York; and (4) to the west, the border between New
    39  York and Canada and the border between Pennsylvania and New York; and
    40    (c) in  the  counties of Cayuga, Chenango, Cortland, Herkimer,  Lewis,
    41  Madison, Oneida, Onondaga, Oswego and Otsego.
    42    §  1321-b. Requests for applications.  Requests for applications shall
    43  be handled in the same  manner  as  provided  for  in  section  thirteen
    44  hundred  twelve  of  this article for gaming licenses authorized but not
    45  awarded, provided however that any requests for applications for  gaming
    46  facility  licenses authorized but not awarded may be for gaming facility
    47  licenses in any region in zone one or in regions one, two  and  five  in
    48  zone two.
    49    §  1321-c.  Form of application.  The form of the application shall be
    50  the same as established under section thirteen hundred thirteen of  this
    51  article.
    52    §  1321-d.  License applicant eligibility. 1. Gaming facility licenses
    53  shall only be issued to applicants who are qualified under the  criteria
    54  set forth in this article, as determined by the commission.
    55    2.  Prior  to  official  review  by  the board, each potential license
    56  applicant must:

        S. 8006--C                         205                        A. 9006--C
 
     1    (a) demonstrate to the board's satisfaction  that  the  applicant  has
     2  acquired  public  support  and  presented  evidence  of  compliance  and
     3  approval with all  required  state  and  local  zoning  requirements  as
     4  required  under  subdivision  three of this section and section thirteen
     5  hundred twenty-one-k of this title; and
     6    (b)  waive  all  rights  they  or  any affiliated entity possess under
     7  section thirteen hundred eleven of this article to bring  an  action  to
     8  recover a fee.
     9    (c)  pursuant  to section thirteen hundred twenty-one-f of this title,
    10  an applicant shall pay to the  commission  an  application  fee  of  one
    11  million  dollars  to  defray the costs associated with the processing of
    12  the application, commission expenses related to the  community  advisory
    13  committee,  and  investigation of the applicant; provided, however, that
    14  if the costs exceed the initial application fee, the applicant shall pay
    15  the additional amount to the commission within thirty days after notifi-
    16  cation of insufficient fees or the application  shall  be  rejected  and
    17  further  provided that should the costs not exceed the fee remitted, any
    18  unexpended portion shall be returned to the applicant;
    19    3. (a) For each applicant who proposes a gaming  facility  located  in
    20  region  two of zone one, there shall be established a community advisory
    21  committee. Each committee shall  consist  of  six  members,  one  to  be
    22  appointed by the governor, one to be appointed by the senator represent-
    23  ing  the  senate  district where the proposed facility is to be located,
    24  one to be appointed by  the  assemblymember  representing  the  assembly
    25  district  where  the  proposed  facility  is  to  be  located, one to be
    26  appointed by the borough president where the facility is proposed to  be
    27  located,  one to be appointed by the city councilmember representing the
    28  district where the facility is proposed to be located,  and  one  to  be
    29  appointed by the New York city mayor.
    30    (b)  For  each  applicant  who  proposes  a gaming facility located in
    31  regions one or three of zone one, or regions one, two or  five  of  zone
    32  two  there  shall  be  established  a community advisory committee. Each
    33  committee shall consist of five members, one  to  be  appointed  by  the
    34  governor,  one  to  be  appointed by the senator representing the senate
    35  district where the proposed  facility  is  to  be  located,  one  to  be
    36  appointed by the assemblymember representing the assembly district where
    37  the proposed facility is to be located, one to be appointed by the coun-
    38  ty executive of the county where the facility is proposed to be located,
    39  and one to be appointed as follows:
    40    (i)  If  the  proposed  facility is to be located in a city, one to be
    41  appointed by the mayor of such city;
    42    (ii) If the proposed facility is to be located in a town,  one  to  be
    43  appointed by the town supervisor of such town; or
    44    (iii)  If  the  proposed  facility  is to be located in a village, one
    45  representative to be appointed jointly by the village mayor and the town
    46  supervisor.
    47    (c) The activities of the community  advisory  committees  constituted
    48  pursuant  to  this  subdivision  shall  be  subject to the open meetings
    49  provisions contained in article seven of the public officers law.
    50    (d) The commission may hire a  consultant  to  serve  as  a  community
    51  consultant  to  assist and manage the community advisory committee proc-
    52  ess.  The commission or community consultant shall  provide  administra-
    53  tive  support  and technical assistance for the establishment and activ-
    54  ities of committees constituted pursuant to this subdivision.
    55    (e) Prior to a determination on any  application  by  the  board,  the
    56  following community advisory committee process shall apply:

        S. 8006--C                         206                        A. 9006--C
 
     1    (i)  Upon  the  majority  of  members  of the board being appointed, a
     2  community consultant may be hired by the commission to manage the  proc-
     3  ess and any other activities as determined by the commission;
     4    (ii)  the  commission  shall issue a request for applications no later
     5  than ninety days following the majority of members of  the  board  being
     6  appointed;
     7    (iii)  interested  entities may submit an application to the board who
     8  shall provide such application to the community consultant;
     9    (iv) the community consultant  shall  notify  the  commission  of  all
    10  applications  and notify the appropriate appointing authorities of their
    11  responsibility to submit appointments for each required community  advi-
    12  sory committee established pursuant to this section;
    13    (v)  the  community  consultant  shall  ensure  the  formation of each
    14  committee, as necessary;
    15    (vi) upon notification, the appointing authority shall  appoint  their
    16  respective appointees;
    17    (vii) upon a committee's first meeting the respective appointees shall
    18  elect by majority vote a committee chair;
    19    (viii)  the  community  consultant  shall  assign applications to each
    20  appropriate committee;
    21    (ix) each committee shall review, solicit public comments and  written
    22  submissions of such comments, and hold public hearings;
    23    (x)  upon  a  two-thirds  vote,  each  committee shall issue a finding
    24  either establishing public support approving or disapproving the  appli-
    25  cation.
    26    (f)  Following  a two-thirds vote by the applicable community advisory
    27  committee, the following shall apply:
    28    (i) Upon notification of a finding of support in approval of an appli-
    29  cation following a two-thirds vote by  the  appropriate  committee,  the
    30  community consultant shall notify the applicant, board, and commission;
    31    (ii)  following  such  notification,  the  applicant  must  comply and
    32  receive approval under the applicable state and  local  zoning  require-
    33  ments;
    34    (iii)  the  board  shall not issue a decision on the application until
    35  the applicant presents evidence of  compliance  and  approval  with  all
    36  necessary state and local zoning requirements.
    37    4.  The  expiration  of the seven year restricted period from the date
    38  that an initial gaming facility license was awarded is February  twenty-
    39  eighth,  two thousand twenty-three for the three initial casino licenses
    40  and November twenty-second, two  thousand  twenty-three  for  the  final
    41  casino  license  awarded.  Should  an  applicant  or applicants commence
    42  gaming activities prior to such  dates,  such  applicant  or  applicants
    43  shall  be  jointly and severally liable for payment of the proportionate
    44  fee for the respective period remaining as required by section  thirteen
    45  hundred eleven of this article.
    46    §  1321-e.  Required  capital investment. 1. The board shall establish
    47  the minimum  capital  investment  for  each  unawarded  gaming  facility
    48  license.  Such  investment  may include, but not be limited to, a casino
    49  area, hotel and other amenities; and provided further,  that  the  board
    50  shall  determine  whether it will include the purchase or lease price of
    51  the land where the gaming facility will be located or any infrastructure
    52  designed to support the site including, but not  limited  to,  drainage,
    53  utility support, roadways, interchanges, fill and soil or groundwater or
    54  surface water contamination issues. The board may consider private capi-
    55  tal  investment  made  previous to the effective date of this title, but
    56  may, in its discretion, discount a percentage of  the  investment  made.

        S. 8006--C                         207                        A. 9006--C
 
     1  Upon  award  of a gaming license by the commission, the commission shall
     2  require the applicant to deposit no less than five percent and  no  more
     3  than  ten  percent  of  the total investment proposed in the application
     4  into  an  interest-bearing  account based on the liquidity of the appli-
     5  cant.  Monies received from the applicant shall be held in escrow  until
     6  the  final  stage  of  construction,  as  detailed  in  the  timeline of
     7  construction submitted with the licensee's application and  approved  by
     8  the  commission, at which time the deposit plus interest earned shall be
     9  returned to the applicant to be applied for the final stage. Should  the
    10  applicant  be  unable to complete the gaming facility, the deposit shall
    11  be forfeited to the state. In place of a cash  deposit,  the  commission
    12  may  allow  for an applicant to secure a deposit bond insuring that such
    13  percent of the proposed capital investment shall  be  forfeited  to  the
    14  state if the applicant is unable to complete the gaming facility.
    15    2.  Each  applicant  shall submit its proposed capital investment with
    16  its application to the board which shall include stages of  construction
    17  of  the gaming facility and the deadline by which the stages and overall
    18  construction and any infrastructure improvements will be  completed.  In
    19  awarding  a  license,  the  commission  shall determine at what stage of
    20  construction a licensee shall be approved to open for gaming;  provided,
    21  however,  that a licensee shall not be approved to open for gaming until
    22  the commission has determined that at least the gaming  area  and  other
    23  ancillary  entertainment  services and non-gaming amenities, as required
    24  by the board, have been built and are of a superior quality as set forth
    25  in the conditions of licensure.  The  commission  shall  not  approve  a
    26  gaming  facility  to  open before the completion of the permanent casino
    27  area.
    28    3. The board shall determine a licensing fee to be paid by a  licensee
    29  within  thirty days after the award of the license which shall be depos-
    30  ited into the commercial gaming revenue fund, provided however  that  no
    31  licensing  fee  shall  be  less  than five hundred million dollars.  The
    32  license shall set forth the conditions to be satisfied by  the  licensee
    33  before the gaming facility shall be opened to the public. The commission
    34  shall  set  any  renewal  fee for such license based on the cost of fees
    35  associated with the evaluation of a licensee under  this  article  which
    36  shall  be  deposited  into the commercial gaming fund.  Such renewal fee
    37  shall be exclusive of any subsequent licensing fees under this section.
    38    4. The commission shall determine the sources and total amount  of  an
    39  applicant's  proposed capitalization to develop, construct, maintain and
    40  operate a proposed gaming facility under this article. Upon award  of  a
    41  gaming  license, the commission shall continue to assess the capitaliza-
    42  tion of a licensee for the duration  of  construction  of  the  proposed
    43  gaming facility and the term of the license.
    44    §  1321-f.  Minimum license thresholds.  The minimum licensing thresh-
    45  olds shall be the same  as  those  established  under  section  thirteen
    46  hundred sixteen of this article.
    47    §  1321-g.  Investigation  of license applicants.  The process used to
    48  investigate license applicants shall be  the  same  process  established
    49  under section thirteen hundred seventeen of this article.
    50    §  1321-h.  Disqualifying criteria.  The criteria to disqualify appli-
    51  cants shall be the  same  criteria  used  for  upstate  gaming  facility
    52  licensing,  which are enumerated in section thirteen hundred eighteen of
    53  this article.
    54    § 1321-i. Hearings.  The process used for hearings shall be  the  same
    55  process  established  under  section  thirteen  hundred nineteen of this
    56  article.

        S. 8006--C                         208                        A. 9006--C
 
     1    § 1321-j. Siting evaluation. In determining whether an applicant shall
     2  be eligible for a gaming facility license, the board shall evaluate  and
     3  make  a  determination  of  how  each  applicant proposes to advance the
     4  following objectives with consideration given to the differences between
     5  proposed  projects  related to whether it is a conversion of an existing
     6  video lottery gaming facility or  new  facility  construction,  and  the
     7  proposed  location.    The  board  shall also conduct an analysis of the
     8  revenue impact of each applicant's proposed gaming facility on  existing
     9  facilities and potential new facilities.
    10    1.  The  decision  by  the  board  to select a gaming facility license
    11  applicant shall be weighted by seventy percent based on economic  activ-
    12  ity and business development factors including:
    13    (a)  realizing  capital  investment  exclusive of land acquisition and
    14  infrastructure improvements;
    15    (b) maximizing revenues received by the state and localities;
    16    (c) providing the highest number of quality jobs in the gaming facili-
    17  ty;
    18    (d) building a gaming facility of the highest caliber with  a  variety
    19  of quality amenities;
    20    (e)  offering the highest and best value to patrons to create a secure
    21  and robust gaming market in the region and the state;
    22    (f) detailing the benefits of the site location of the gaming facility
    23  and the estimated recapture rate of gaming-related spending by residents
    24  travelling to an out-of-state gaming facility;
    25    (g) offering  a  reasonable  and  feasible  construction  schedule  to
    26  completion of the full gaming facility;
    27    (h)  demonstrating  the  ability to fully finance the gaming facility;
    28  and
    29    (i) demonstrating experience in the development  and  operation  of  a
    30  quality gaming facility;
    31    2.  The  decision  by  the  board  to select a gaming facility license
    32  applicant shall be weighted by ten percent based on local impact  siting
    33  factors including:
    34    (a)  mitigating  potential  impacts  on host and nearby municipalities
    35  which might result from the  development  or  operation  of  the  gaming
    36  facility;
    37    (b)  operating in partnership with and promoting local hotels, restau-
    38  rants and retail facilities so that patrons experience the full diversi-
    39  fied regional tourism industry; and
    40    (c) establishing a fair and reasonable partnership  with  live  enter-
    41  tainment  venues  that  may be impacted by a gaming facility under which
    42  the gaming facility actively supports the mission and the  operation  of
    43  the impacted entertainment venues;
    44    3.  The  decision  by  the  board  to select a gaming facility license
    45  applicant shall be weighted by ten percent based on  workforce  enhance-
    46  ment factors including:
    47    (a) implementing a workforce development plan that utilizes the exist-
    48  ing  labor  force, including the estimated number of construction jobs a
    49  proposed gaming facility will generate,  the  development  of  workforce
    50  training  programs  that  serve the unemployed and methods for accessing
    51  employment at the gaming facility;
    52    (b) taking additional measures to address problem gambling  including,
    53  but  not  limited  to,  training of gaming employees to identify patrons
    54  exhibiting problems with gambling;
    55    (c) utilizing sustainable development principles  including,  but  not
    56  limited to:

        S. 8006--C                         209                        A. 9006--C
 
     1    (1)  having new and renovation construction certified under the appro-
     2  priate certification category in the Leadership in Energy  and  Environ-
     3  mental  Design Green Building Rating System created by the United States
     4  Green Building Council;
     5    (2) efforts to mitigate vehicle trips;
     6    (3) efforts to conserve water and manage storm water;
     7    (4)  demonstrating  that  electrical and HVAC equipment and appliances
     8  will be Energy Star labeled where available;
     9    (5) procuring or generating on-site ten percent of  its  annual  elec-
    10  tricity consumption from renewable sources; and
    11    (6)  developing  an  ongoing  plan  to  submeter and monitor all major
    12  sources of energy consumption and undertake regular efforts to  maintain
    13  and improve energy efficiency of buildings in their systems;
    14    (d)  establishing,  funding  and maintaining human resource hiring and
    15  training practices that promote the development of a skilled and diverse
    16  workforce and access to  promotion  opportunities  through  a  workforce
    17  training program that:
    18    (1)  establishes  transparent  career  paths  with measurable criteria
    19  within the gaming facility that lead  to  increased  responsibility  and
    20  higher  pay grades that are designed to allow employees to pursue career
    21  advancement and promotion;
    22    (2) provides employee access to additional resources, such as  tuition
    23  reimbursement  or  stipend  policies, to enable employees to acquire the
    24  education or job training  needed  to  advance  career  paths  based  on
    25  increased responsibility and pay grades; and
    26    (3) establishes an on-site child day care program;
    27    (e)  purchasing,  whenever  possible,  domestically  manufactured slot
    28  machines for installation in the gaming facility;
    29    (f) implementing a workforce development plan that:
    30    (1) utilizes the existing labor force in the state;
    31    (2) estimates the number of construction jobs a gaming  facility  will
    32  generate  and  provides  for  equal  employment  opportunities and which
    33  includes specific goals for the utilization  of  minorities,  women  and
    34  service-disabled veterans on those construction jobs;
    35    (3)  identifies  workforce  training  programs  offered  by the gaming
    36  facility; and
    37    (4) identifies the methods for  accessing  employment  at  the  gaming
    38  facility; and
    39    (5)  incorporates  a  workforce  diversity  framework, which is scored
    40  under subdivision four of this section.
    41    (g) demonstrating that the applicant has an agreement  with  organized
    42  labor,  including hospitality services, and has the support of organized
    43  labor for its application, which specifies:
    44    (1) the number of employees to be employed  at  the  gaming  facility,
    45  including  detailed information on the pay rate and benefits for employ-
    46  ees and contractors  in  the  gaming  facility  and  all  infrastructure
    47  improvements related to the project; and
    48    (2) detailed plans for assuring labor harmony during all phases of the
    49  construction,  reconstruction,  renovation, development and operation of
    50  the gaming facility.
    51    4. The decision by the board  to  select  a  gaming  facility  license
    52  applicant  shall  be weighted by ten percent based on a diversity frame-
    53  work. Diversity framework factors shall include, but not be limited  to,
    54  the following:

        S. 8006--C                         210                        A. 9006--C
 
     1    (a) workforce demographics including current employment of minorities,
     2  women  and  service-disabled veterans in permanent and part-time jobs at
     3  the applicant's gaming facilities;
     4    (b) diversity in the ownership and leadership of the corporate entity;
     5    (c) efforts the applicant is currently undertaking to ensure diversity
     6  at  its  facilities  and  plans  to  undertake at this proposed facility
     7  including:
     8    (1) establishing mentorship opportunities and other business  develop-
     9  ment programs;
    10    (2)  incorporating  an affirmative action program of equal opportunity
    11  by which the applicant guarantees to provide equal  employment  opportu-
    12  nities  to all employees qualified for licensure in all employment cate-
    13  gories, including minorities, women and persons with disabilities;
    14    (3) providing specific goals for the inclusion  of  minorities,  women
    15  and veterans on construction jobs;
    16    (4)  ensuring that any contractors or subcontractors to any contractor
    17  make good faith efforts to provide minorities,  women  and  veterans  an
    18  opportunity to participate in the workforce;
    19    (5) working and partnering with minority-owned businesses;
    20    (6)  developing  a  plan of action that shall promote diversity in its
    21  business model,  financing,  employment  goals,  and  other  social  and
    22  economic equity roles in the gaming industry; and
    23    (7) any such further criteria as the board shall see fit for inclusion
    24  after  consultation  with  the division of minority and women's business
    25  development in the department of economic development.
    26    § 1321-k. Zoning. 1. Notwithstanding section thirteen  hundred  sixty-
    27  six  of  this  article,  all gaming facilities licensed pursuant to this
    28  title shall comply with all relevant city, county, town, or village land
    29  use or zoning ordinances, rules, or regulations if applicable.
    30    2. (a) In addition, for any gaming facility located within the city of
    31  New York, all applicable zoning  provisions  shall  be  subject  to  the
    32  uniform  land use review procedure pursuant to section one hundred nine-
    33  ty-seven-c of the New York city charter if such provisions would  other-
    34  wise be applicable; and
    35    (b) Any determination on whether gaming is a permissible use or activ-
    36  ity or whether any other activity taken pursuant to the uniform land use
    37  review  procedure  shall  not  be  subject to a mayoral zoning override,
    38  special permit process, or any other action or decision  that  preempts,
    39  circumvents, or supersedes the usual and customary local zoning process.
    40    § 8. Section 1351 of the racing, pari-mutuel wagering and breeding law
    41  is amended by adding a new subdivision 1-a to read as follows:
    42    1-a.    For a gaming facility licensed pursuant to title two-A of this
    43  article, there is hereby imposed a tax on gross gaming revenues with the
    44  rates to be determined by the gaming commission pursuant  to  a  compet-
    45  itive  bidding  process  as  outlined  in  title  two-A of this article;
    46  provided however that the tax rate on gross  gaming  revenue  from  slot
    47  machines  shall  be no less than twenty-five percent and the tax rate on
    48  gross gaming revenue from all other sources shall be no  less  than  ten
    49  percent.
    50    §  9.  Section  109-a of the racing, pari-mutuel wagering and breeding
    51  law, as added by chapter 174 of the laws of 2013, is amended to read  as
    52  follows:
    53    §  109-a.  Separate  board  for  facility siting. The commission shall
    54  establish a separate board to be known as the New York  gaming  facility
    55  location board to perform designated functions under article thirteen of
    56  this chapter, the following provisions shall apply to the board:

        S. 8006--C                         211                        A. 9006--C
 
     1    1.  The commission shall select five members and name the chair of the
     2  board. Each member of the board shall be a resident of the state of  New
     3  York.  No  member  of  the legislature or person holding any elective or
     4  appointive office in federal, state or local government shall be  eligi-
     5  ble to serve as a member of the board.
     6    2.  A  majority  of members of the board shall be appointed within one
     7  hundred eighty days of the date that title two-A of this  article  shall
     8  become law.
     9    3.  Qualifications of members. Members of the board shall each possess
    10  no less than ten years of responsible experience in fiscal  matters  and
    11  shall have any one or more of the following qualifications:
    12    (a)  significant  service  as  an  accountant  economist, or financial
    13  analyst experienced in finance or economics;
    14    (b) significant service in an academic field relating  to  finance  or
    15  economics;
    16    (c)  significant  service  and knowledge of the commercial real estate
    17  industry; or
    18    (d) significant service as an executive  with  fiduciary  responsibil-
    19  ities in charge of a large organization or foundation.
    20    [3.] 4. No member of the board:
    21    (a)  may  have  a  close familial or business relationship to a person
    22  that holds a license under this chapter;
    23    (b) may have any direct or indirect financial interest, ownership,  or
    24  management, including holding any stocks, bonds, or other similar finan-
    25  cial interests in any gaming activities, including horse racing, lottery
    26  or gambling;
    27    (c)  may  receive or share in, directly or indirectly, the receipts or
    28  proceeds of any gaming activities, including horse  racing,  lottery  or
    29  gambling;
    30    (d) may have a beneficial interest in any contract for the manufacture
    31  or  sale  of  gaming devices, the conduct of any gaming activity, or the
    32  provision of any independent consulting services in connection with  any
    33  establishment licensed under this chapter.
    34    [4.]  5.  Board  members are entitled to actual and necessary expenses
    35  incurred in the discharge of their duties but may  not  receive  compen-
    36  sation for their service on the board.
    37    [5.] 6. (a) The commission shall provide staff to the board.
    38    (b)  The  board [shall] may contract with [an outside] a consultant to
    39  [provide] assist in the analysis of [the gaming industry and to  support
    40  the  board's  comprehensive  review  and evaluation of the] applications
    41  submitted [to the board] for gaming facility licenses.
    42    (c) The board may contract with attorneys, accountants,  auditors  and
    43  financial and other experts to render necessary services.
    44    (d) All other state agencies shall cooperate with and assist the board
    45  in  the fulfillment of its duties under this article and may render such
    46  services to the board within their respective functions as the board may
    47  reasonably request.
    48    [6] 7. Utilizing the powers and duties prescribed for  it  by  article
    49  thirteen  of this chapter, the board shall select, through a competitive
    50  process consistent with provisions of article thirteen of this  chapter,
    51  not  more  than  [four]  seven  gaming facility license applicants. Such
    52  selectees shall be authorized to receive a gaming facility  license,  if
    53  found suitable by the commission. The board may select another applicant
    54  for  authorization  to  be  licensed  as a gaming facility if a previous
    55  selectee fails to meet licensing thresholds, is revoked or surrenders  a
    56  license opportunity.

        S. 8006--C                         212                        A. 9006--C

     1    § 10. The opening paragraph of section 1348 of the racing, pari-mutuel
     2  wagering and breeding law, as added by chapter 174 of the laws of  2013,
     3  is amended to read as follows:
     4    In  addition  to  any  other tax or fee imposed by this article, there
     5  shall be imposed an annual license fee of five hundred dollars for  each
     6  slot  machine  and  table approved by the commission for use by a gaming
     7  licensee at a gaming facility located in zone two; [provided] and  there
     8  shall  be  imposed  an annual license fee of seven hundred fifty dollars
     9  for  each  slot  machine and table game  approved  by the commission for
    10  use by a gaming licensee at a  gaming  facility  located  in  zone  one.
    11  Provided,  however,  that  not  sooner than five years after award of an
    12  original gaming license, the commission may annually adjust the fee  for
    13  inflation.  The  fee  shall be imposed as of July first of each year for
    14  all approved slot machines and tables on that date and shall be assessed
    15  on a pro rata basis for any slot machine or table approved for use ther-
    16  eafter.
    17    § 11. Section 1355 of the racing, pari-mutuel  wagering  and  breeding
    18  law is amended by adding a new subdivision 3 to read as follows:
    19    3.  As  part  of  the  final gaming facility license award process for
    20  licenses authorized under title two-A of this  article,  the  commission
    21  shall  determine  the obligations of such entity or entities required to
    22  maintain certain racing support payments at the same dollar level  real-
    23  ized  in  two  thousand  nineteen,  to  be adjusted annually pursuant to
    24  changes in  the  consumer  price  index  for  all  urban  consumers,  as
    25  published  annually  by  the United States department of labor bureau of
    26  labor statistics.
    27    (a) In either region two or three of zone one, one or  more  licensees
    28  shall  pay  an amount to horsemen for the purpose of enhancing purses at
    29  Aqueduct racetrack, Belmont Park racetrack and Saratoga race course,  an
    30  amount to the franchise corporation, and an amount to the New York state
    31  thoroughbred  breeding and development fund that, in aggregate, shall be
    32  equal to the racing support payments  made  from  video  lottery  gaming
    33  operations  to  the  relevant  horsemen, breeders organizations or fran-
    34  chised corporation at the same dollar level  realized  in  two  thousand
    35  nineteen,  to  be  adjusted annually pursuant to changes in the consumer
    36  price index for all urban consumers, as published annually by the United
    37  States department of labor bureau of labor statistics.
    38    (b) In region one of zone one, one or  more  licensees  shall  pay  an
    39  amount  to the relevant horsemen and the breeders organizations at Yonk-
    40  ers Raceway at the same dollar level realized in two thousand  nineteen,
    41  to  be adjusted annually pursuant to changes in the consumer price index
    42  for all urban consumers, as published  annually  by  the  United  States
    43  department of labor bureau of labor statistics.
    44    § 12. This act shall take effect immediately.
 
    45                                   PART SS

    46    Section  1.    The  second  undesignated paragraph of subdivision a of
    47  section 517 of the retirement and social security  law,  as  amended  by
    48  chapter 18 of the laws of 2012, is amended to read as follows:
    49    Notwithstanding  the  foregoing,  during  each of the first three plan
    50  years (April first to March  thirty-first)  in  which  such  member  has
    51  established  membership  in  the  New  York  state  and local employees'
    52  retirement system, such member shall contribute a percentage  of  annual
    53  wages  in accordance with the preceding schedule based upon a projection
    54  of annual wages provided by the employer. Notwithstanding the foregoing,

        S. 8006--C                         213                        A. 9006--C
 
     1  when determining the rate at which each such member who became a  member
     2  of the New York state and local employees' retirement system on or after
     3  April  first,  two  thousand  twelve  shall contribute for any plan year
     4  (April  first  to  March thirty-first) between April first, two thousand
     5  twenty-two and April first, two thousand twenty-four, such rate shall be
     6  determined by reference to employees annual base wages of such member in
     7  the second plan year (April first to March thirty-first) preceding  such
     8  current plan year. Base wages shall include regular pay, shift differen-
     9  tial pay, location pay, and any increased hiring rate pay, but shall not
    10  include any overtime payments.
    11    §  2.  The second undesignated paragraph of paragraph 1 and the second
    12  undesignated paragraph of paragraph  2  of  subdivision  a,  the  second
    13  undesignated  paragraph  of  subdivision  f  and the second undesignated
    14  paragraph of subdivision g of section 613 of the retirement  and  social
    15  security  law,  the second undesignated paragraph of paragraph 1 and the
    16  second undesignated paragraph of paragraph 2 of subdivision a as amended
    17  by chapter 510 of the laws of 2015 and the second undesignated paragraph
    18  of subdivision f and the second undesignated paragraph of subdivision  g
    19  as  amended  by  chapter  18 of the laws of 2012, are amended to read as
    20  follows:
    21    Notwithstanding the foregoing, during each of  the  first  three  plan
    22  years (April first to March thirty-first, except for members of New York
    23  city  employees'  retirement  system, New York city teachers' retirement
    24  system and New York city board of education retirement system, plan year
    25  shall mean January first through December thirty-first  commencing  with
    26  the  January  first  next succeeding the effective date of [the] chapter
    27  five hundred ten of the laws of two thousand fifteen [that amended  this
    28  paragraph])  in which such member has established membership in a public
    29  retirement system of the state, such member shall contribute a  percent-
    30  age of annual wages in accordance with the preceding schedule based upon
    31  a  projection  of annual wages provided by the employer. Notwithstanding
    32  the foregoing, when determining the rate at which each such  member  who
    33  became  a  member  of the New York state and local employees' retirement
    34  system, New York city employees' retirement system, New York city teach-
    35  ers' retirement system and New York city board of  education  retirement
    36  system,  on  or  after April first, two thousand twelve shall contribute
    37  for any plan year (April first to March thirty-first, except for members
    38  of the New York city employees' retirement system, New York city  teach-
    39  ers'  retirement  system and New York city board of education retirement
    40  system, plan year shall mean January first through December thirty-first
    41  commencing with January first next succeeding   the  effective  date  of
    42  chapter  five  hundred  ten of the laws of two thousand fifteen) between
    43  April first, two thousand twenty-two and April first, two thousand twen-
    44  ty-four, such rate shall be determined by reference to employees  annual
    45  base  wages of such member in the second plan year (April first to March
    46  thirty-first) preceding such current plan year. Base wages shall include
    47  regular pay, shift differential pay, location  pay,  and  any  increased
    48  hiring  rate pay, but shall not include any overtime payments or compen-
    49  sation earned for extracurricular  programs  or  any  other  pensionable
    50  earnings paid in addition to the annual base wages.
    51    Notwithstanding  the  foregoing,  during  each of the first three plan
    52  years (April first to March thirty-first, provided, however,  that  plan
    53  year  shall  mean January first through December thirty-first commencing
    54  with the January first next succeeding the effective date of [the] chap-
    55  ter five hundred ten of the laws of two thousand fifteen  [that  amended
    56  this  paragraph]) in which such member has established membership in the

        S. 8006--C                         214                        A. 9006--C
 
     1  New York city employees' retirement system, such member shall contribute
     2  a percentage of annual wages in accordance with the  preceding  schedule
     3  based  upon  a  projection  of  annual  wages  provided by the employer.
     4  Notwithstanding  the  foregoing, when determining the rate at which each
     5  such member who became a member of, New York city employees'  retirement
     6  system,  on  or  after April first, two thousand twelve shall contribute
     7  for any  plan  year (April first to March thirty-first, provided, howev-
     8  er, that plan year shall mean January  first  through  December  thirty-
     9  first  commencing  with  the January first next succeeding the effective
    10  date of chapter five hundred ten of the laws of  two  thousand  fifteen)
    11  between  April first, two thousand twenty-two and April first, two thou-
    12  sand twenty-four,   such rate   shall  be  determined  by  reference  to
    13  employees  annual  base  wages  of  such  member in the second plan year
    14  (April first to March  thirty-first) preceding  such current plan  year.
    15  Base  wages  shall include regular pay, shift differential pay, location
    16  pay, and any increased hiring rate pay, but shall not include any  over-
    17  time payments.
    18    Notwithstanding  the  foregoing,  during  each of the first three plan
    19  years (April first to March  thirty-first)  in  which  such  member  has
    20  established  membership  in  the  New  York  state  and local employees'
    21  retirement system, such member shall contribute a percentage  of  annual
    22  wages  in accordance with the preceding schedule based upon a projection
    23  of annual wages provided by the employer. Notwithstanding the foregoing,
    24  when determining the rate at which each such member who became a  member
    25  of the New York state and local employees' retirement system on or after
    26  April  first,  two  thousand  twelve  shall contribute for any plan year
    27  (April first to March thirty-first) between April  first,  two  thousand
    28  twenty-two and April first, two thousand twenty-four, such rate shall be
    29  determined by reference to employees annual base wages of such member in
    30  the  second plan year (April first to March thirty-first) preceding such
    31  current plan year. Base wages shall include regular pay, shift differen-
    32  tial pay, location pay, and any increased hiring rate pay, but shall not
    33  include any overtime payments.
    34    Notwithstanding the foregoing, during each of  the  first  three  plan
    35  years  (July  first  to  June thirtieth) in which such member has estab-
    36  lished membership in the New York  state  teachers'  retirement  system,
    37  such  member shall contribute a percentage of annual wages in accordance
    38  with the preceding schedule based upon  a  projection  of  annual  wages
    39  provided  by the employer. Notwithstanding the foregoing, when determin-
    40  ing the contribution rate at which a member of the New York state teach-
    41  ers' retirement system with a date  of  membership  on  or  after  April
    42  first,  two  thousand twelve shall contribute for plan years (July first
    43  to June thirtieth) between July first, two thousand twenty-two and  July
    44  first, two thousand twenty-four, such rate shall be determined by refer-
    45  ence  to  the  member's  annual base wages in the second plan year (July
    46  first to June thirtieth) preceding such current plan year.  Annual  base
    47  wages shall not include compensation earned for extracurricular programs
    48  or  any  other  pensionable earnings paid in addition to the annual base
    49  wages.
    50    § 3. The second undesignated paragraph of section 1204 of the  retire-
    51  ment  and  social  security law, as amended by chapter 18 of the laws of
    52  2012, is amended to read as follows:
    53    Notwithstanding the foregoing, during each of  the  first  three  plan
    54  years  (April  first  to  March  thirty-first)  in which such member has
    55  established membership in the New York state and local police  and  fire
    56  retirement  system,  such member shall contribute a percentage of annual

        S. 8006--C                         215                        A. 9006--C
 
     1  wages in accordance with the preceding schedule based upon a  projection
     2  of annual wages provided by the employer. Notwithstanding the foregoing,
     3  when  determining the rate at which each such member who became a member
     4  of  the New York state and local police and fire retirement system on or
     5  after April first, two thousand twelve shall  contribute  for  any  plan
     6  year  (April first to March thirty-first) between April first, two thou-
     7  sand twenty-two and April first, two  thousand  twenty-four,  such  rate
     8  shall  be determined by reference to employees annual base wages of such
     9  member in the second plan  year  (April  first  to  March  thirty-first)
    10  preceding  such current plan year. Base wages shall include regular pay,
    11  shift differential pay, location pay, and any increased hiring rate pay,
    12  but shall not include any overtime payments. Effective April first,  two
    13  thousand  twelve,  all members subject to the provisions of this article
    14  shall not be required to  make  member  contributions  on  annual  wages
    15  excluded  from  the  calculation  of  final  average  salary pursuant to
    16  section [1203] twelve hundred three of this  article.  Nothing  in  this
    17  section,  however,  shall  be  construed  or  deemed to allow members to
    18  receive a refund of any member contributions on such wages paid prior to
    19  April first, two thousand twelve.
    20    § 4. Nothing in this act shall be construed or deemed to allow members
    21  to receive a refund of any member contributions made or collected  prior
    22  to the effective date of this act.
    23    §  5. Notwithstanding any other provision of law to the contrary, none
    24  of the provisions of this act shall be subject  to  section  25  of  the
    25  retirement and social security law.
    26    §  6.  This  act  shall take effect immediately and shall be deemed to
    27  have been in full force and effect on and after April 1, 2022.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would exclude overtime pay from the  annual  wages  used  to
        determine  the  variable  member contribution rate for Tier 6 members of
        the New York State and Local Retirement  System  during  the  period  of
        April  1,  2022  to  April  1,  2024.  There will be no return of member
        contributions.
          Section 25 does not apply.
          Insofar as this bill affects the New York State and  Local  Employees'
        Retirement  System  (NYSLERS), if this legislation is enacted during the
        2022 legislative session, there will be an increase in the present value
        of benefits of approximately $27 million which would be  shared  by  the
        State  of  New  York and all participating employers in the NYSLERS. The
        estimated first-year cost would be approximately  $1.2  million  to  the
        State  of  New  York and approximately $1.7 million to the participating
        employers in the NYSLERS.
          Insofar as this bill affects the New York State and Local  Police  and
        Fire Retirement System (NYSLPFRS), if this legislation is enacted during
        the  2022  legislative session, there will be an increase in the present
        value of benefits of approximately $5 million which would be  shared  by
        the  State  of New York and all participating employers in the NYSLPFRS.
        The estimated first-year cost would be approximately $0.1 million to the
        State of New York and approximately $0.4 million  to  the  participating
        employers in the NYSLPFRS.
          In  addition to the first-year costs discussed above, implementing the
        provisions of this legislation would generate administrative costs.
          Summary of relevant resources:
          Membership data as of March 31, 2021 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al  valuation.  Distributions  and  other statistics can be found in the

        S. 8006--C                         216                        A. 9006--C
 
        2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2020
        and 2021 Annual Report to the Comptroller on Actuarial Assumptions,  and
        the  Codes,  Rules  and  Regulations of the State of New York: Audit and
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2021
        New York State and Local  Retirement  System  Financial  Statements  and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This  fiscal note does not constitute a legal opinion on the viability
        of the proposed change nor is it intended to serve as a  substitute  for
        the professional judgment of an attorney.
          This  estimate,  dated April 7, 2022, and intended for use only during
        the 2022 Legislative Session, is Fiscal Note No. 2022-123,  prepared  by
        the Actuary for the New York State and Local Retirement System.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          As  this  bill  relates  to  the  New  York State Teachers' Retirement
        System, this bill would amend Section 613 of the Retirement  and  Social
        Security Law to permit the employee contribution rate for Tier 6 members
        to  be  determined using only a member's annual base wages and would not
        include compensation earned for extracurricular programs  or  any  other
        pensionable  earnings  paid  in  addition  to the annual base wages, for
        employee contributions to be made during the  two  fiscal  years  ending
        June  30,  2023 and June 30, 2024.  Currently, the employee contribution
        rate for a Tier 6 member is determined using  a  member's  total  annual
        wages,  including  earnings  from extracurricular programs and any other
        pensionable earnings paid to the member.
          The cost for using only annual base wages to  determine  the  employee
        contribution  rate  for Tier 6 members during 2023 and 2024 is estimated
        to be $9.3 million, over the two-year period, if this bill  is  enacted.
        This  is not a recurring annual cost, but rather a temporary cost due to
        the projected decrease in employee contributions to be made  during  the
        two fiscal years ending June 30, 2023 and June 30, 2024.
          Member  data  is  from  the  System's  most recent actuarial valuation
        files, consisting of data provided by the employers  to  the  Retirement
        System.   Data distributions and statistics can be found in the System's
        Annual Report. System assets are as reported in the  System's  financial
        statements and can also be found in the System's Annual Report. Actuari-
        al  assumptions and methods are provided in the System's Actuarial Valu-
        ation Report and the 2021 Actuarial Assumptions Report.
          The source of this estimate is Fiscal Note 2022-37 dated April 6, 2022
        prepared by the Office of the Actuary of the New  York  State  Teachers'
        Retirement  System and is intended for use only during the 2022 Legisla-
        tive Session. I, Richard A. Young, am the Chief Actuary for the New York
        State Teachers' Retirement System. I am a member of the American Academy
        of Actuaries and I meet the  Qualification  Standards  of  the  American
        Academy of Actuaries to render the actuarial opinion contained herein.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY  OF  BILL: This proposed legislation, as it relates to the New
        York City Retirement Systems and  Pension  Funds  (NYCRS),  would  amend
        Section  613  of  the Retirement and Social Security Law (RSSL) to limit
        the salary used in determining  employee  contribution  rates  during  a
        certain  period  of  time  by  excluding  compensation  earned  for work
        performed outside of the regular hours or workday for Tier 6 members  of

        S. 8006--C                         217                        A. 9006--C
 
        the  New  York  City Employees' Retirement System (NYCERS), the New York
        City Teachers' Retirement System (NYCTRS), and the New York  City  Board
        of Education Retirement System (BERS).
          Effective Date: Upon enactment.
          BACKGROUND:  Currently, Tier 6 members of NYCERS, NYCTRS, and BERS are
        required to make Basic Member Contributions (BMC) ranging from 3% to  6%
        depending  on the members' applicable annual wages. Annual wages include
        overtime up to a certain limit ($17,301 for calendar year 2021).
          Under the proposed legislation, if enacted, any  pensionable  earnings
        paid  in  addition  to  the  annual  base  wages, including overtime and
        compensation earned for extracurricular activities, during the specified
        period would be excluded from annual wages used to calculate Tier 6  BMC
        rates.
          FINANCIAL  IMPACT  - PRESENT VALUES: The estimated financial impact of
        implementing the changes described above is a decrease  in  the  Present
        Value  of  member  contributions.  There is also a small decrease in the
        Present Value of Future Benefits (PVFB) as a result of  reduced  refunds
        of  member  contributions upon termination of employment. The net result
        is an increase in the Present Value of future employer contributions and
        annual employer contributions of NYCERS, NYCTRS, and BERS.  A  breakdown
        of the financial impact by System is shown in the table below.
 
                       Additional                 Estimated First Year
        NYCRS     Present Value of Future           Annual Employer
                  Employer Contributions             Contributions
                       ($ Millions)                   ($ Millions)
 
        NYCERS              $ 9.9                           $0.9
        NYCTRS                6.1                            0.4
        BERS *                0.0                            0.0
        Total               $16.0                           $1.3**
 
          *  The  increase in the Present Value of future employer contributions
        and annual employer contributions for BERS is expected to be de minimis.
          ** The increase in the employer contributions is estimated to be  $0.8
        million  for  New  York  City and $0.5 million for the other obligors of
        NYCRS.
          In accordance with Section 13-638.2(k-2) of the Administrative Code of
        the City of New York  (ACCNY),  new  Unfunded  Accrued  Liability  (UAL)
        attributable to benefit changes are to be amortized as determined by the
        Actuary  but are generally amortized over the remaining working lifetime
        of those impacted by the benefit changes.
          As of June 30, 2021, the remaining working lifetime of NYCERS  Tier  6
        members is approximately 16 years, NYCTRS Tier 6 members is approximate-
        ly 20 years, and BERS Tier 6 members is approximately 15 years.
          For  purposes  of this Fiscal Note, the increase in the UAL for NYCERS
        was amortized over a 16-year period (15 payments under the One-Year  Lag
        Methodology  (OYLM)) using level dollar payments. Under the same method-
        ology the increase in the UAL for NYCTRS and BERS was amortized over  19
        and 14 payments, respectively.
          CONTRIBUTION  TIMING:  For  the  purposes  of  this Fiscal Note, it is
        assumed that the  changes  in  the  Present  Value  of  future  employer
        contributions  and  annual employer contributions would be reflected for
        the first time in the Final June 30, 2021 actuarial valuation of NYCERS,
        NYCTRS, and BERS. In accordance with the OYLM used to determine employer

        S. 8006--C                         218                        A. 9006--C
 
        contributions, the increase in employer  contributions  would  first  be
        reflected in Fiscal Year 2023.
          CENSUS  DATA:  The  estimates presented herein are based on the census
        data used in the Preliminary June 30, 2021 (Lag) actuarial valuation  of
        NYCERS,  NYCTRS,  and BERS to determine the Preliminary Fiscal Year 2023
        employer contributions.
          The table below contains a summary of  the  census  data  for  Tier  6
        members in NYCERS, NYCTRS, and BERS as of June 30, 2021.
 
        NYCRS      Active     Average      Average       Average
                    Count       Age        Service        Salary
 
        NYCERS     71,663       41.3         3.9         $72,000
        NYCTRS     49,642       37.1         4.5         $74,600
        BERS       12,229       45.5         3.3         $50,400
 
          ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
        future   employer   contributions   and  annual  employer  contributions
        presented herein have been calculated based on the actuarial assumptions
        and methods in effect for the June 30, 2021 (Lag)  actuarial  valuations
        used  to  determine  the  Preliminary Fiscal Year 2023 employer contrib-
        utions of NYCERS, NYCTRS, and BERS.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on the realization of the actuarial assumptions used, as well as
        certain demographic characteristics of  NYCERS,  NYCTRS,  and  BERS  and
        other  exogenous  factors  such  as  investment, contribution, and other
        risks. If actual experience deviates  from  actuarial  assumptions,  the
        actual  costs  could  differ from those presented herein. Costs are also
        dependent on the actuarial methods used, and therefore different actuar-
        ial methods could produce different results. Quantifying these risks  is
        beyond the scope of this Fiscal Note.
          Not measured in this Fiscal Note are the following:
          *  The initial, additional administrative costs of NYCERS, NYCTRS, and
        BERS and other New York City agencies to implement the  proposed  legis-
        lation.
          STATEMENT  OF  ACTUARIAL  OPINION: I, Michael J. Samet, am the Interim
        Chief Actuary for, and independent of,  the  New  York  City  Retirement
        Systems and Pension Funds. I am a Fellow of the Society of Actuaries and
        a  Member of the American Academy of Actuaries. I meet the Qualification
        Standards of the American Academy of Actuaries to render  the  actuarial
        opinion  contained  herein.  To  the  best  of my knowledge, the results
        contained  herein  have  been  prepared  in  accordance  with  generally
        accepted  actuarial  principles  and  procedures  and with the Actuarial
        Standards of Practice issued by the Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2022-16  dated  April  7,
        2022  was  prepared  by  the Interim Chief Actuary for the New York City
        Employees' Retirement System, the New  York  City  Teachers'  Retirement
        System, and the New York City Board of Education Retirement System. This
        estimate is intended for use only during the 2022 Legislative Session.
 
     1                                   PART TT
 
     2    Section  1.  Subdivision a of section 516 of the retirement and social
     3  security law, as amended by section 4 of part B of chapter  504  of  the
     4  laws of 2009, is amended to read as follows:

        S. 8006--C                         219                        A. 9006--C
 
     1    a.  A member who has five or more years of credited service [or ten or
     2  more years of credited service for members who first join the  New  York
     3  state  and local employees' retirement system on or after January first,
     4  two thousand ten] upon termination of employment shall be entitled to  a
     5  deferred vested benefit as provided herein.
     6    §  2.  Subdivisions  a  and  a-1  of section 612 of the retirement and
     7  social security law, as amended by chapter 18 of the laws of  2012,  are
     8  amended to read as follows:
     9    a. Except as provided in subdivision a-1 of this section, a member who
    10  has  five  or  more  years of credited service[, or ten or more years of
    11  credited service for a member who first joined the New  York  state  and
    12  local  employees'  retirement  system  or  the  New York state teachers'
    13  retirement system on or after January first,  two  thousand  ten],  upon
    14  termination  of  employment,  other  than  a member who is entitled to a
    15  deferred vested benefit pursuant to any other provision of this article,
    16  shall be entitled to a deferred vested benefit at normal retirement  age
    17  computed  in  accordance with the provisions of section six hundred four
    18  of this article. Except as provided in subdivision a-1 of this  section,
    19  a  member  of  a  teachers'  retirement system or the New York state and
    20  local employees' retirement system who has five or more years of credit-
    21  ed service, [or ten or more years of credited service for a  member  who
    22  first  becomes  a  member  of  the  New  York state and local employees'
    23  retirement system or the New York state teachers' retirement  system  on
    24  or  after  January first, two thousand ten,] upon termination of employ-
    25  ment shall be entitled to a deferred  vested  benefit  prior  to  normal
    26  retirement  age, but no earlier than age fifty-five, computed in accord-
    27  ance with the provisions of subdivision i of section six  hundred  three
    28  of  this  article  as amended by section eight of part B of chapter five
    29  hundred four of the laws of two thousand nine. Anything to the  contrary
    30  notwithstanding, a member of a public retirement system of the state who
    31  first  became a member of such system on or after April first, two thou-
    32  sand twelve must have at least [ten] five years of credited  service  in
    33  order  to qualify for a deferred vested benefit under this section; such
    34  member shall not be entitled to  such  benefit  prior  to  the  member's
    35  attainment of age sixty-three; and such deferred vested benefit shall be
    36  computed pursuant to subdivision b-1 of section six hundred four of this
    37  article.
    38    a-1.  Notwithstanding  the provisions of subdivision a of this section
    39  or any other provision of law to the contrary, (i) a member of  the  New
    40  York  city  teachers' retirement system who holds a position represented
    41  by  the  recognized  teacher  organization  for  collective   bargaining
    42  purposes, who became subject to the provisions of this article after the
    43  effective date of this subdivision, and who has [ten] five or more years
    44  of  credited  service,  or  (ii)  a member of the New York city board of
    45  education retirement system who holds  a  position  represented  by  the
    46  recognized  teacher organization for collective bargaining purposes, who
    47  became subject to the provisions of this  article  after  the  effective
    48  date of this subdivision, and who has [ten]  five or more years of cred-
    49  ited  service,  other  than  such  a member of either of such retirement
    50  systems who is entitled to a deferred vested  benefit  pursuant  to  any
    51  other  provision of this article, shall, upon termination of employment,
    52  be entitled to a  deferred  vested  benefit  at  normal  retirement  age
    53  computed  in  accordance with the provisions of section six hundred four
    54  of this article.   Notwithstanding the provisions of  subdivision  a  of
    55  this  section or any other provision of law to the contrary, a member of
    56  the New York city teachers'  retirement  system  who  holds  a  position

        S. 8006--C                         220                        A. 9006--C
 
     1  represented  by  the  recognized  teacher  organization  for  collective
     2  bargaining purposes, who became subject to the provisions of this  arti-
     3  cle after the effective date of this subdivision, and who has [ten] five
     4  or  more  years  of credited service, shall, upon termination of employ-
     5  ment, be entitled to a deferred vested benefit prior to  normal  retire-
     6  ment  age,  but  no  earlier than age fifty-five, computed in accordance
     7  with the provisions of subdivision i of section  six  hundred  three  of
     8  this  article, provided, however, that any such member of either of such
     9  retirement systems who is a New York city revised plan member  shall  be
    10  required  to have at least [ten] five years of credited service in order
    11  to be eligible for a deferred vested benefit, such member shall  not  be
    12  entitled  to  payability  of  such  benefit  prior  to attainment of age
    13  sixty-three and such deferred vested benefit shall be computed  pursuant
    14  to subdivision b-1 of section six hundred four of this article.
    15    §  3. Subdivisions a and b of section 502 of the retirement and social
    16  security law, as amended by section 2 of part B of chapter  504  of  the
    17  laws of 2009, are amended to read as follows:
    18    a.  A  member who first joins a public retirement system of this state
    19  on or after June thirtieth, nineteen hundred seventy-six  shall  not  be
    20  eligible for service retirement benefits hereunder until such member has
    21  rendered a minimum of five years of creditable service after July first,
    22  nineteen  hundred  seventy-three[,  except that a member who first joins
    23  the New York state and local employees' retirement system  on  or  after
    24  January  first,  two  thousand  ten  shall  not  be eligible for service
    25  retirement benefits pursuant to  this  article  until  such  member  has
    26  rendered a minimum of ten years of credited service].
    27    b.  A member who previously was a member of a public retirement system
    28  of this state shall not be  eligible  for  service  retirement  benefits
    29  hereunder  until  such  member  has  rendered a minimum of five years of
    30  service which is creditable pursuant to section five hundred thirteen of
    31  this article. [A member who first joins the New  York  state  and  local
    32  employees' retirement system on or after January first, two thousand ten
    33  shall  not  be eligible for service retirement benefits pursuant to this
    34  article until such member has rendered a minimum of ten years of credit-
    35  ed service.]
    36    § 4. Subdivisions a, b and b-1 of section 602 of  the  retirement  and
    37  social  security  law,  subdivisions  a  and  b as separately amended by
    38  section 6 of part B and section 1 of part C of chapter 504 of  the  laws
    39  of  2009,  and  subdivision  b-1 as amended by chapter 18 of the laws of
    40  2012, are amended to read as follows:
    41    a. Except as provided in subdivision b-1 of this section, a member who
    42  first joins a public retirement system of this state on  or  after  July
    43  first,  nineteen  hundred  seventy-six shall not be eligible for service
    44  retirement benefits hereunder until such member has rendered  a  minimum
    45  of five years of credited service[, except that a member who first joins
    46  the  New  York  state  and local employees' retirement system or the New
    47  York state teachers' retirement system on or after  January  first,  two
    48  thousand  ten  shall  not  be  eligible  for service retirement benefits
    49  pursuant to this article until such member has rendered a minimum of ten
    50  years of credited service].
    51    b. Except as provided in subdivision b-1 of this section, a member who
    52  previously was a member of a public  retirement  system  of  this  state
    53  shall  not  be  eligible for service retirement benefits hereunder until
    54  such member has rendered a minimum of five years  of  service  which  is
    55  credited pursuant to section six hundred nine of this article. [A member
    56  who  first  joins  the  New  York  state and local employees' retirement

        S. 8006--C                         221                        A. 9006--C

     1  system or the New York state teachers' retirement  system  on  or  after
     2  January  first,  two  thousand  ten  shall  not  be eligible for service
     3  retirement benefits pursuant to  this  article  until  such  member  has
     4  rendered a minimum of ten years of credited service.]
     5    b-1.  (1) Notwithstanding the provisions of subdivision a or b of this
     6  section or any other provision of law to the contrary, (i) a  member  of
     7  the  New  York  city  teachers'  retirement  system who holds a position
     8  represented  by  the  recognized  teacher  organization  for  collective
     9  bargaining  purposes,  and  who became subject to the provisions of this
    10  article after the effective date of this subdivision, or (ii)  a  member
    11  of  the  New  York city board of education retirement system who holds a
    12  position represented by the recognized teacher organization for  collec-
    13  tive  bargaining  purposes,  and who became subject to the provisions of
    14  this article after the effective date of this subdivision, shall not  be
    15  eligible for service retirement benefits hereunder until such member has
    16  rendered a minimum of [ten] five years of credited service.
    17    (2)  Notwithstanding  the  provisions  of  subdivision  a or b of this
    18  section or any other provision of law to  the  contrary,  a  member  who
    19  first  joins  a  public retirement system of the state on or after April
    20  first, two thousand twelve shall not be eligible for service  retirement
    21  benefits  hereunder  until  such  member has rendered a minimum of [ten]
    22  five years of credited service.
    23    § 5. Subparagraph (ii) of paragraph 1  of  subdivision  d  of  section
    24  604-b  of  the retirement and social security law, as amended by chapter
    25  18 of the laws of 2012, is amended to read as follows:
    26    (ii) [in the case of a participant who is not a New York city  revised
    27  plan member,] prior to such discontinuance, completed five but less than
    28  twenty-five  years of allowable service in the transit authority [or, in
    29  the case of a participant who is a New York city  revised  plan  member,
    30  has  completed  ten but less than twenty-five years of allowable service
    31  in the transit authority prior to such discontinuance]; and
    32    § 6. Subparagraph (ii) of paragraph 1  of  subdivision  d  of  section
    33  604-c  of  the retirement and social security law, as amended by chapter
    34  18 of the laws of 2012, is amended to read as follows:
    35    (ii) [in the case of a participant who is not a New York city  revised
    36  plan member,] prior to such discontinuance, completed five but less than
    37  twenty  years  of credited service [or, in the case of a participant who
    38  is a New York city revised plan member, has completed ten but less  than
    39  twenty years of credited service]; and
    40    §  7.  Subparagraph  (ii)  of  paragraph 1 of subdivision d of section
    41  604-e of the retirement and social security law, as amended  by  section
    42  41 of chapter 18 of the laws of 2012, is amended to read as follows:
    43    (ii)  [in the case of a participant who is not a New York city revised
    44  plan member,] who prior to such discontinuance, completed five but  less
    45  than  twenty-five years of allowable service as a dispatcher member [or,
    46  in the case of a participant who is a New York city revised plan member,
    47  who prior to such discontinuance, completed ten but  less  than  twenty-
    48  five years of allowable service as a dispatcher member]; and
    49    §  8.  Subparagraph  (ii)  of  paragraph 1 of subdivision d of section
    50  604-e of the retirement and social security law, as amended  by  section
    51  43 of chapter 18 of the laws of 2012, is amended to read as follows:
    52    (ii)  [in the case of a participant who is not a New York city revised
    53  plan member,] who prior to such discontinuance, completed five but  less
    54  than twenty-five years of allowable service as an EMT member [or, in the
    55  case  of  a  participant who is a New York city revised plan member, who

        S. 8006--C                         222                        A. 9006--C

     1  prior to such discontinuance, completed ten but  less  than  twenty-five
     2  years of allowable service as an EMT member]; and
     3    §  9.  Subparagraph  (ii)  of  paragraph 1 of subdivision d of section
     4  604-f of the retirement and social security law, as amended  by  section
     5  45 of chapter 18 of the laws of 2012, is amended to read as follows:
     6    (ii)  [in the case of a participant who is not a New York city revised
     7  plan member,] who prior to such discontinuance, completed five but  less
     8  than twenty-five years of credited service [or, in the case of a partic-
     9  ipant  who  is  a  New  York city revised plan member, who prior to such
    10  discontinuance, completed ten but less than twenty-five years of credit-
    11  ed service]; and
    12    § 10. Subparagraph (ii) of paragraph 1 of  subdivision  d  of  section
    13  604-f  of  the retirement and social security law, as amended by section
    14  47 of chapter 18 of the laws of 2012, is amended to read as follows:
    15    (ii) [in the case of a participant who is not a New York city  revised
    16  plan  member,] who prior to such discontinuance, completed five but less
    17  than twenty-five years of allowable service as a special officer,  park-
    18  ing  control  specialist,  school  safety agent, campus peace officer or
    19  taxi and limousine inspector member [or, in the case  of  a  participant
    20  who is a New York city revised plan member, who prior to such discontin-
    21  uance,  completed  ten  but  less  than  twenty-five  years of allowable
    22  service as a special officer, parking control specialist, school  safety
    23  agent, campus peace officer or taxi and limousine inspector member]; and
    24    §  11.  Subparagraph  (ii)  of paragraph 1 of subdivision d of section
    25  604-g of the retirement and social security law, as amended  by  chapter
    26  18 of the laws of 2012, is amended to read as follows:
    27    (ii)  [in the case of a participant who is not a New York city revised
    28  plan member,] who prior to such discontinuance, completed five but  less
    29  than twenty-five years of credited service [or, in the case of a partic-
    30  ipant  who  is  a  New  York city revised plan member, who prior to such
    31  discontinuance, completed ten but less than twenty-five years of credit-
    32  ed service]; and
    33    § 12. Subparagraph (ii) of paragraph 1 of  subdivision  d  of  section
    34  604-h  of  the retirement and social security law, as amended by chapter
    35  18 of the laws of 2012, is amended to read as follows:
    36    (ii) [in the case of a participant who is not a New York city  revised
    37  plan  member,] who prior to such discontinuance, completed five but less
    38  than twenty-five years of credited service [or, in the case of a partic-
    39  ipant who is a New York city revised plan  member,  who  prior  to  such
    40  discontinuance, completed ten but less than twenty-five years of credit-
    41  ed service]; and
    42    § 13. Subdivision a of section 1202 of the retirement and social secu-
    43  rity  law, as added by section 1 of part A of chapter 504 of the laws of
    44  2009, is amended to read as follows:
    45    a. In order to qualify  for  a  service  retirement  benefit,  members
    46  subject  to  the provisions of this article must have a minimum of [ten]
    47  five years of creditable service.
    48    § 14. Nothing in this act  shall  be  construed  or  deemed  to  allow
    49  members  to  receive  a refund of any member contributions made prior to
    50  the effective date of this act.
    51    § 15. Notwithstanding any other provision of law to the contrary, none
    52  of the provisions of this act shall be subject  to  section  25  of  the
    53  retirement and social security law.
    54    § 16. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

        S. 8006--C                         223                        A. 9006--C
 
          This  bill  would provide members of Tier 5 and Tier 6 in the New York
        State and Local Employees' Retirement System (NYSLERS)  or  in  the  New
        York State and Local Police and Fire Retirement System (NYSLPFRS) vested
        status  upon  attainment of 5 years of service credit. It also clarifies
        that these NYSLERS members will only be ineligible for a service retire-
        ment benefit prior to attaining 5 years of service credit, to align with
        the revised vesting requirement. Currently, these members are ineligible
        for  a service retirement benefit prior to attaining 10 years of service
        credit, after which  they  become  vested  and  eligible  for  a  vested
        deferred benefit.
          Insofar  as  this  bill  affects  the  NYSLERS, if this legislation is
        enacted during the 2022 legislative session, there would be an  increase
        in  accrued  liabilities  of approximately $430 million, due to the past
        service accruals of tier 5 and 6 members, which would be shared  by  the
        State  of New York and all local participating employers in the NYSLERS.
        This will increase the billing rates charged annually to all participat-
        ing employers by approximately 0.2% of salary, beginning with the fiscal
        year ending March 31, 2023.
          In addition to the cost for past service above, there would be a  cost
        for  future  service  accruals  which  would further increase the annual
        billing rates for tier 5 members by 0.2% of salary  (for  a  0.4%  total
        annual  rate increase) and further increase the annual billing rates for
        tier 6 members  by  0.1%  of  salary  (for  a  0.3%  total  annual  rate
        increase).
          Insofar  as  this  bill  affects  the NYSLPFRS, if this legislation is
        enacted during the 2022 legislative session, there would be an  increase
        in  the  billing rates charged annually to the State of New York and all
        other participating employers in the NYSLPFRS of approximately  0.1%  of
        salary, beginning with the fiscal year ending March 31, 2023.
          These estimated costs are based on 250,109 affected members with annu-
        al salary of approximately $11.6 billion as of March 31, 2021.
          Summary of relevant resources:
          Membership  data as of March 31, 2021 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2020
        and  2021 Annual Report to the Comptroller on Actuarial Assumptions, and
        the Codes, Rules and Regulations of the State of  New  York:  Audit  and
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2021
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated April 6, 2022, and intended for use  only  during
        the  2022  Legislative Session, is Fiscal Note No. 2022-122, prepared by
        the Actuary for the New York State and Local Retirement System.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          As this bill relates  to  the  New  York  State  Teachers'  Retirement
        System, this bill would amend Sections 602 and 612 of the Retirement and
        Social  Security Law by reducing the number of years of credited service

        S. 8006--C                         224                        A. 9006--C
 
        required for vesting to five years for Tier 5 and 6 members for purposes
        of eligibility for a service retirement  benefit  or  a  deferred-vested
        retirement  benefit.  Currently,  Tier  5 and 6 members need to have ten
        years  of credited service to be vested for a service retirement benefit
        or a deferred-vested  retirement  benefit.  Members  who  withdraw  with
        between  five  and  ten  years of service credit will have the option of
        either receiving a refund of their accumulated member  contributions  or
        receiving the deferred-vested retirement benefit when eligible.
          The  annual  cost  to  the  employers of members of the New York State
        Teachers' Retirement System for this benefit is  estimated  to  be  $6.2
        million or .04% of payroll if this bill is enacted.
          The  System's "new entrant rate", a hypothetical employer contribution
        rate that would occur if we started a new Retirement System without  any
        assets, is equal to 4.69% of pay under the current Tier 6 benefit struc-
        ture.  This can be thought of as the long-term expected employer cost of
        Tier 6, based on the current actuarial  assumptions.  For  the  proposed
        change to the Tier 6 benefit structure under this bill, this new entrant
        rate  is  estimated  to increase to 4.76% of pay, an increase of .07% of
        pay.
          Member data is from  the  System's  most  recent  actuarial  valuation
        files,  consisting  of  data provided by the employers to the Retirement
        System. Data distributions and statistics can be found in  the  System's
        Annual  Report.  System assets are as reported in the System's financial
        statements and can also be found in the System's Annual Report.  Actuar-
        ial assumptions and methods are provided in the System's Actuarial Valu-
        ation Report and the 2021 Actuarial Assumptions Report.
          The source of this estimate is Fiscal  Note  2022-36  dated  April  8,
        2022, prepared by the Office of the Actuary of the New York State Teach-
        ers'  Retirement  System  and  is  intended for use only during the 2022
        Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
        New  York State Teachers' Retirement System. I am a member of the Ameri-
        can Academy of Actuaries and I meet the Qualification Standards  of  the
        American  Academy of Actuaries to render the actuarial opinion contained
        herein.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY OF BILL: This proposed legislation, as it relates to  the  New
        York  City  Retirement  Systems  (NYCRS),  would amend Article 15 of the
        Retirement and Social Security Law (RSSL) to reduce vesting requirements
        for certain Tier 4 members with a membership  date  after  December  10,
        2009  and  Tier  6  members  of  the New York City Employees' Retirement
        System (NYCERS), the New York City Teachers' Retirement System (NYCTRS),
        and the New York City Board of Education Retirement System (BERS).
          Effective Date: Upon enactment.
          IMPACT ON BENEFITS: Currently, Tier 6 members of NYCERS,  NYCTRS,  and
        BERS,  as  well as Tier 4 members of NYCTRS and BERS who held a position
        represented by  the  recognized  teacher  organization  and  who  became
        members  after December 10, 2009, need a minimum of 10 years of Credited
        Service to be eligible for a vested benefit. Such members are also inel-
        igible to retire for service without  at  least  10  years  of  Credited
        Service.
          Under the proposed legislation, if enacted, the required service for a
        vested  benefit  or  service retirement benefit would be lowered to five
        years.
          FINANCIAL IMPACT-SUMMARY: The financial impact will generally increase
        as the impacted populations increase over time, assuming that the  demo-
        graphics of new entrants remain similar to what they were historically.

        S. 8006--C                         225                        A. 9006--C
 
          The  estimated  financial impact of implementing the changes described
        above is an increase in the Present Value of Future Benefits (PVFB)  and
        a  decrease in the Present Value of member contributions. The net result
        is an increase in the Present Value of future employer contributions and
        annual  employer contributions for NYCERS, NYCTRS, and BERS. A breakdown
        of the financial impact by System is shown in the table below.
 
                                   Additional             Estimated First Year
               NYCRS         Present Value of Future         Annual Employer
                             Employer Contributions           Contributions
                                  ($ Millions)                ($ Millions)
               NYCERS                $110.8                       $25.8
               NYCTRS                  39.8                         7.8
               BERS                    30.9                         5.0
               Total                 $181.5                       $38.6*
 
          * The increase in the employer contributions is estimated to be  $24.5
        million  for  New  York City and $14.1 million for the other obligors of
        NYCRS.
          In accordance with Section 13-638.2(k-2) of the Administrative Code of
        the City of New York  (ACCNY),  new  Unfunded  Accrued  Liability  (UAL)
        attributable to benefit changes are to be amortized as determined by the
        Actuary  but are generally amortized over the remaining working lifetime
        of those impacted by the benefit changes.  As  of  June  30,  2021,  the
        remaining  working  lifetime  of  NYCERS Tier 6 members is approximately
        16-years, NYCTRS impacted members is approximately 20  years,  and  BERS
        impacted members is approximately 14 years.
          For  purposes  of this Fiscal Note, the increase in the UAL for NYCERS
        was amortized over a 16-year period (15 payments under the One-Year  Lag
        Methodology  (OYLM)) using level dollar payments. Under the same method-
        ology the increase in the UAL for NYCTRS and BERS was amortized over  19
        and 13 payments, respectively.
          CONTRIBUTION  TIMING:  For  the  purposes  of  this Fiscal Note, it is
        assumed that the  changes  in  the  Present  Value  of  future  employer
        contributions  and  annual employer contributions would be reflected for
        the first time in the  Final  June  30,  2021  actuarial  valuations  of
        NYCERS,  NYCTRS, and BERS. In accordance with the OYLM used to determine
        employer contributions, the increase  in  employer  contributions  would
        first be reflected in Fiscal Year 2023.
          CENSUS  DATA:  The  estimates presented herein are based on the census
        data used in the Preliminary June 30, 2021 (Lag) actuarial valuations of
        NYCERS, NYCTRS, and BERS to determine the Preliminary Fiscal  Year  2023
        employer contributions.
          The  table below contains a summary of the census data for the members
        in the plans affected by the proposed legislation as of June 30, 2021.
 
                NYCRS      Active      Average     Average     Average
                            Count        Age       Service     Salary
               NYCERS      71,663       41.3         3.9       $72,000
               NYCTRS      59,134       38.0         5.4       $76,200
                BERS       12,707       45.5         3.5       $52,100

          ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
        future  employer  contributions  and   annual   employer   contributions
        presented herein have been calculated based on the actuarial assumptions
        and  methods  in effect for the June 30, 2021 (Lag) actuarial valuations

        S. 8006--C                         226                        A. 9006--C
 
        used to determine the Preliminary Fiscal  Year  2023  employer  contrib-
        utions of NYCERS, NYCTRS, and BERS.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the realization of the actuarial assumptions used, as well  as
        certain  demographic  characteristics  of  NYCERS,  NYCTRS, and BERS and
        other exogenous factors such  as  investment,  contribution,  and  other
        risks.  If  actual  experience  deviates from actuarial assumptions, the
        actual costs could differ from those presented herein.  Costs  are  also
        dependent on the actuarial methods used, and therefore different actuar-
        ial  methods could produce different results. Quantifying these risks is
        beyond the scope of this Fiscal Note.
          Not measured in this Fiscal Note are the following:
          * The initial, additional  administrative  costs  of  NYCERS,  NYCTRS,
        BERS,  and other New York City agencies to implement the proposed legis-
        lation.
          * The impact of this  proposed  legislation  on  Other  Postemployment
        Benefit (OPEB) costs.
          *  Costs  associated  with  former  members of NYCRS with five or more
        years of service who may become eligible  to  vest  under  the  proposed
        legislation.
          *  The  cost  of potential Tax-Deferred Annuity (TDA) plan accelerated
        vesting.
          STATEMENT OF ACTUARIAL OPINION: I, Michael J. Samet,  am  the  Interim
        Chief  Actuary  for,  and  independent  of, the New York City Retirement
        Systems and Pension Funds. I am a Fellow of the Society of Actuaries and
        a Member of the American Academy of Actuaries. I meet the  Qualification
        Standards  of  the American Academy of Actuaries to render the actuarial
        opinion contained herein. To the  best  of  my  knowledge,  the  results
        contained  herein  have  been  prepared  in  accordance  with  generally
        accepted actuarial principles and  procedures  and  with  the  Actuarial
        Standards of Practice issued by the Actuarial Standards Board.
          FISCAL  NOTE  IDENTIFICATION:  This Fiscal Note 2022-17 dated April 7,
        2022 was prepared by the Interim Chief Actuary for  the  New  York  City
        Employees'  Retirement  System,  the  New York City Teachers' Retirement
        System, and the New York City Board of Education Retirement System. This
        estimate is intended for use only during the 2022 Legislative Session.
 
     1                                   PART UU
 
     2    Section 1. This act enacts into law components of legislation relating
     3  to criminal justice reform. Each component is wholly contained within  a
     4  Subpart  identified as Subparts A through H. The effective date for each
     5  particular provision contained within such Subpart is set forth  in  the
     6  last  section  of  such  Subpart. Any provision in any section contained
     7  within a Subpart, including the effective date  of  the  Subpart,  which
     8  makes  a  reference  to a section "of this act", when used in connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding section of the Subpart in which  it  is  found.    Section
    11  three of this act sets forth the general effective date of this act.
 
    12                                  SUBPART A
 
    13  Section  1.  Sections  265.12 and 265.13 of the penal law, as amended by
    14  chapter 764 of the laws of 2005, are amended to read as follows:
    15  § 265.12 Criminal sale of a firearm in the second degree.

        S. 8006--C                         227                        A. 9006--C
 
     1    A person is guilty of criminal sale of a firearm in the second  degree
     2  when such person:
     3    (1)  unlawfully sells, exchanges, gives or disposes of to another five
     4  or more firearms; or
     5    (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
     6  person  or persons a total of [five] two or more firearms in a period of
     7  not more than one year.
     8    Criminal sale of a firearm in the second degree is a class C felony.
     9  § 265.13 Criminal sale of a firearm in the first degree.
    10    A person is guilty of criminal sale of a firearm in the  first  degree
    11  when such person:
    12    (1)  unlawfully  sells, exchanges, gives or disposes of to another ten
    13  or more firearms; or
    14    (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
    15  person or persons a total of [ten] three or more firearms in a period of
    16  not more than one year.
    17    Criminal sale of a firearm in the first degree is a class B felony.
    18    §  2.  Subdivision  6  of section 265.15 of the penal law, as added by
    19  chapter 233 of the laws of 1980, is amended to read as follows:
    20    6. The possession of [five] three or more firearms by  any  person  is
    21  presumptive  evidence  that  such person possessed the firearms with the
    22  intent to sell same.
    23    § 3. This act shall take effect on the thirtieth day  after  it  shall
    24  have become a law.
 
    25                                  SUBPART B
 
    26    Section  1.  Subparagraph  (viii) of paragraph (b) of subdivision 1 of
    27  section 150.20 of the criminal procedure law, as added by section 1-a of
    28  part JJJ of chapter 59 of the laws of 2019, is  amended  and  three  new
    29  subparagraphs (ix), (x), and (xi) are added to read as follows:
    30    (viii)  it  reasonably  appears  to the officer, based on the observed
    31  behavior of the individual in the present contact with the  officer  and
    32  facts regarding the person's condition that indicates a sign of distress
    33  to  such  a  degree  that  the  person would face harm without immediate
    34  medical or mental health care, that bringing the person before the court
    35  would be in such person's interest in addressing  that  need;  provided,
    36  however,  that  before  making  the  arrest,  the officer shall make all
    37  reasonable  efforts  to  assist  the  person  in  securing   appropriate
    38  services[.];
    39    (ix)  the  person  is  eighteen years of age or older and charged with
    40  criminal possession of a weapon on school grounds as defined in  section
    41