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); 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).
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-
S. 8006--C 13 A. 9006--C
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
S. 8006--C 66 A. 9006--C
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-
S. 8006--C 70 A. 9006--C
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
S. 8006--C 71 A. 9006--C
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.
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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
S. 8006--C 115 A. 9006--C
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
S. 8006--C 116 A. 9006--C
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.
S. 8006--C 123 A. 9006--C
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
S. 8006--C 146 A. 9006--C
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.
S. 8006--C 147 A. 9006--C
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
S. 8006--C 148 A. 9006--C
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
S. 8006--C 149 A. 9006--C
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-
S. 8006--C 151 A. 9006--C
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
S. 8006--C 169 A. 9006--C
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-
S. 8006--C 171 A. 9006--C
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-
S. 8006--C 172 A. 9006--C
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
S. 8006--C 173 A. 9006--C
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 * 0.00.0
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 30.95.0
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 subparagraph
