Bill Text: NY A03005 | 2017-2018 | General Assembly | Amended
Bill Title: Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2017-2018 state fiscal year; modifies to extend various criminal justice and public safety programs that would otherwise sunset (Part A); relates to the meaning of significant programmatic accomplishment (Part E); relates to the establishment of a hate crime task force (Part F); relates to expanding eligibility for awards to victims of certain crimes not resulting in physical injury (Part G); relates to the reimbursement for loss of savings of a vulnerable elderly person or an incompetent or physically disabled person (Part H); relates to additional duties of the commissioner of general services regarding flood related losses (Part I); extends the expiration, until June 30, 2019, of certain provisions of the public buildings law relating to value limitations on contracts (Part L); relates to the translation of orders of protection and temporary orders of protection (Part BB); relates to the operation and administration of the legislature (Part CC); relates to increasing the number of authorized land banks to 25 (Part DD); relates to real property tax exemption of certain properties located in the village of Spring Valley (Part EE); relates to the approval of demonstrations and tests for motor vehicles equipped with autonomous vehicle technology (Part FF); relates to allocation of three million dollars of assessments from the city of New York to the general fund (Part GG).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-04-05 - substituted by s2005c [A03005 Detail]
Download: New_York-2017-A03005-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 2005--C A. 3005--C SENATE - ASSEMBLY January 23, 2017 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to the effectiveness thereof; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal procedure law relat- ing to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to the effectiveness there- of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to the effectiveness thereof; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effec- tiveness thereof; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropri- ations made by chapter 50 of the laws of 1994 enacting the state oper- ations budget, in relation to the effectiveness thereof; to amend chapter 3 of the laws of 1995, amending the correction law and other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12570-05-7S. 2005--C 2 A. 3005--C laws relating to the incarceration fee, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 62 of the laws of 2011, amending the correction law and the executive law, relating to merging the department of correctional services and division of parole into the department of corrections and community supervision, in relation to the effectiveness thereof; to amend chap- ter 55 of the laws of 1992, amending the tax law and other laws relat- ing to taxes, surcharges, fees and funding, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expiration of the manda- tory surcharge and victim assistance fee; to amend chapter 713 of the laws of 1988, amending the vehicle and traffic law relating to the ignition interlock device program, in relation to extending the expi- ration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chapter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 3 of the laws of 1995, enact- ing the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the expiration thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to the effective- ness thereof; to amend chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correction- al facilities, providing for the custody by the department of correc- tional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, in relation to the effectiveness of such chapter; to amend chapter 152 of the laws of 2001 amending the mili- tary law relating to military funds of the organized militia, in relation to the effectiveness thereof; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing theS. 2005--C 3 A. 3005--C crime of absconding from the community treatment facility, in relation to the effectiveness thereof; and to amend chapter 503 of the laws of 2009 relating to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument, in relation to the effectiveness thereof (Part A); intentionally omitted (Part B); intentionally omitted (Part C); intentionally omitted (Part D); to amend the correction law, in relation to the meaning of signif- icant programmatic accomplishment (Part E); to amend the executive law, in relation to the establishment of a hate crime task force (Part F); to amend the executive law, in relation to expanding eligibility for awards to victims of certain crimes not resulting in physical injury (Part G); to amend the executive law, in relation to the reimbursement for loss of savings of a vulnerable elderly person or an incompetent or physically disabled person (Part H); to amend the exec- utive law, in relation to additional duties of the commissioner of general services (Part I); intentionally omitted (Part J); inten- tionally omitted (Part K); to amend chapter 674 of the laws of 1993 amending the public buildings law relating to value limitations on contracts, in relation to extending the effectiveness thereof (Part L); intentionally omitted (Part M); intentionally omitted (Part N); intentionally omitted (Part O); intentionally omitted (Part P); inten- tionally omitted (Part Q); intentionally omitted (Part R); inten- tionally omitted (Part S); intentionally omitted (Part T); inten- tionally omitted (Part U); intentionally omitted (Part V); intentionally omitted (Part W); intentionally omitted (Part X); inten- tionally omitted (Part Y); intentionally omitted (Part Z); inten- tionally omitted (Part AA); to amend the judiciary law, the family court act, the domestic relations law and the criminal procedure law, in relation to the translation of orders of protection and temporary orders of protection (Part BB); to amend chapter 141 of the laws of 1994, amending the legislative law and the state finance law relating to the operation and administration of the legislature, in relation to extending such provisions (Part CC); to amend the not-for-profit corporation law, in relation to increasing the number of authorized land banks in the state to 25 (Part DD); in relation to certain prop- erties located in the village of Spring Valley (Part EE); regarding motor vehicles equipped with autonomous vehicle technology; and providing for the repeal of certain provisions upon expiration thereof (Part FF); and to amend the vehicle and traffic law and the state finance law, in relation to allocation of three million dollars of assessments from the city of New York to the general fund; and provid- ing for the repeal of such provisions upon expiration thereof (Part GG) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2017-2018 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through GG. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes a reference to a section 8 "of this act", when used in connection with that particular component,S. 2005--C 4 A. 3005--C 1 shall be deemed to mean and refer to the corresponding section of the 2 Part in which it is found. Section three of this act sets forth the 3 general effective date of this act. 4 PART A 5 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the 6 correction law relating to the psychological testing of candidates, as 7 amended by section 1 of part B of chapter 55 of the laws of 2015, is 8 amended to read as follows: 9 § 2. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law and shall remain in effect until September 1, 11 [2017] 2019. 12 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- 13 tive law and the criminal procedure law relating to expanding the 14 geographic area of employment of certain police officers, as amended by 15 section 2 of part B of chapter 55 of the laws of 2015, is amended to 16 read as follows: 17 § 3. This act shall take effect on the first day of November next 18 succeeding the date on which it shall have become a law, and shall 19 remain in effect until the first day of September, [2017] 2019, when it 20 shall expire and be deemed repealed. 21 § 3. Section 3 of chapter 886 of the laws of 1972, amending the 22 correction law and the penal law relating to prisoner furloughs in 23 certain cases and the crime of absconding therefrom, as amended by 24 section 3 of part B of chapter 55 of the laws of 2015, is amended to 25 read as follows: 26 § 3. This act shall take effect 60 days after it shall have become a 27 law and shall remain in effect until September 1, [2017] 2019. 28 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 29 50, 53 and 54 of the laws of 1987, the correction law, the penal law and 30 other chapters and laws relating to correctional facilities, as amended 31 by section 4 of part B of chapter 55 of the laws of 2015, is amended to 32 read as follows: 33 § 20. This act shall take effect immediately except that section thir- 34 teen of this act shall expire and be of no further force or effect on 35 and after September 1, [2017] 2019 and shall not apply to persons 36 committed to the custody of the department after such date, and provided 37 further that the commissioner of corrections and community supervision 38 shall report each January first and July first during such time as the 39 earned eligibility program is in effect, to the chairmen of the senate 40 crime victims, crime and correction committee, the senate codes commit- 41 tee, the assembly correction committee, and the assembly codes commit- 42 tee, the standards in effect for earned eligibility during the prior 43 six-month period, the number of inmates subject to the provisions of 44 earned eligibility, the number who actually received certificates of 45 earned eligibility during that period of time, the number of inmates 46 with certificates who are granted parole upon their first consideration 47 for parole, the number with certificates who are denied parole upon 48 their first consideration, and the number of individuals granted and 49 denied parole who did not have earned eligibility certificates. 50 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, 51 amending the tax law and other laws relating to taxes, surcharges, fees 52 and funding, as amended by section 5 of part B of chapter 55 of the laws 53 of 2015, is amended to read as follows:S. 2005--C 5 A. 3005--C 1 (q) the provisions of section two hundred eighty-four of this act 2 shall remain in effect until September 1, [2017] 2019 and be applicable 3 to all persons entering the program on or before August 31, [2017] 2019. 4 § 6. Section 10 of chapter 339 of the laws of 1972, amending the 5 correction law and the penal law relating to inmate work release, 6 furlough and leave, as amended by section 6 of part B of chapter 55 of 7 the laws of 2015, is amended to read as follows: 8 § 10. This act shall take effect 30 days after it shall have become a 9 law and shall remain in effect until September 1, [2017] 2019, and 10 provided further that the commissioner of correctional services shall 11 report each January first, and July first, to the chairman of the senate 12 crime victims, crime and correction committee, the senate codes commit- 13 tee, the assembly correction committee, and the assembly codes commit- 14 tee, the number of eligible inmates in each facility under the custody 15 and control of the commissioner who have applied for participation in 16 any program offered under the provisions of work release, furlough, or 17 leave, and the number of such inmates who have been approved for partic- 18 ipation. 19 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994 20 relating to certain provisions which impact upon expenditure of certain 21 appropriations made by chapter 50 of the laws of 1994 enacting the state 22 operations budget, as amended by section 7 of part B of chapter 55 of 23 the laws of 2015, is amended to read as follows: 24 (c) sections forty-one and forty-two of this act shall expire Septem- 25 ber 1, [2017] 2019; provided, that the provisions of section forty-two 26 of this act shall apply to inmates entering the work release program on 27 or after such effective date; and 28 § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995, 29 amending the correction law and other laws relating to the incarceration 30 fee, as amended by section 8 of part B of chapter 55 of the laws of 31 2015, is amended to read as follows: 32 h. Section fifty-two of this act shall be deemed to have been in full 33 force and effect on and after April 1, 1995; provided, however, that the 34 provisions of section 189 of the correction law, as amended by section 35 fifty-five of this act, subdivision 5 of section 60.35 of the penal law, 36 as amended by section fifty-six of this act, and section fifty-seven of 37 this act shall expire September 1, [2017] 2019, when upon such date the 38 amendments to the correction law and penal law made by sections fifty- 39 five and fifty-six of this act shall revert to and be read as if the 40 provisions of this act had not been enacted; provided, however, that 41 sections sixty-two, sixty-three and sixty-four of this act shall be 42 deemed to have been in full force and effect on and after March 1, 1995 43 and shall be deemed repealed April 1, 1996 and upon such date the 44 provisions of subsection (e) of section 9110 of the insurance law and 45 subdivision 2 of section 89-d of the state finance law shall revert to 46 and be read as set out in law on the date immediately preceding the 47 effective date of sections sixty-two and sixty-three of this act; 48 § 9. Subdivision (c) of section 49 of subpart A of part C of chapter 49 62 of the laws of 2011 amending the correction law and the executive 50 law, relating to merging the department of correctional services and 51 division of parole into the department of corrections and community 52 supervision, as amended by section 9 of part B of chapter 55 of the laws 53 of 2015, is amended to read as follows: 54 (c) that the amendments to subdivision 9 of section 201 of the 55 correction law as added by section thirty-two of this act shall remainS. 2005--C 6 A. 3005--C 1 in effect until September 1, [2017] 2019, when it shall expire and be 2 deemed repealed; 3 § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of 4 1992, amending the tax law and other laws relating to taxes, surcharges, 5 fees and funding, as amended by section 10 of part B of chapter 55 of 6 the laws of 2015, is amended to read as follows: 7 (aa) the provisions of sections three hundred eighty-two, three 8 hundred eighty-three and three hundred eighty-four of this act shall 9 expire on September 1, [2017] 2019; 10 § 11. Section 12 of chapter 907 of the laws of 1984, amending the 11 correction law, the New York city criminal court act and the executive 12 law relating to prison and jail housing and alternatives to detention 13 and incarceration programs, as amended by section 11 of part B of chap- 14 ter 55 of the laws of 2015, is amended to read as follows: 15 § 12. This act shall take effect immediately, except that the 16 provisions of sections one through ten of this act shall remain in full 17 force and effect until September 1, [2017] 2019 on which date those 18 provisions shall be deemed to be repealed. 19 § 12. Subdivision (p) of section 406 of chapter 166 of the laws of 20 1991, amending the tax law and other laws relating to taxes, as amended 21 by section 12 of part B of chapter 55 of the laws of 2015, is amended to 22 read as follows: 23 (p) The amendments to section 1809 of the vehicle and traffic law made 24 by sections three hundred thirty-seven and three hundred thirty-eight of 25 this act shall not apply to any offense committed prior to such effec- 26 tive date; provided, further, that section three hundred forty-one of 27 this act shall take effect immediately and shall expire November 1, 1993 28 at which time it shall be deemed repealed; sections three hundred 29 forty-five and three hundred forty-six of this act shall take effect 30 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 31 six, three hundred fifty-seven and three hundred fifty-nine of this act 32 shall take effect immediately and shall expire June 30, 1995 and shall 33 revert to and be read as if this act had not been enacted; section three 34 hundred fifty-eight of this act shall take effect immediately and shall 35 expire June 30, 1998 and shall revert to and be read as if this act had 36 not been enacted; section three hundred sixty-four through three hundred 37 sixty-seven of this act shall apply to claims filed on or after such 38 effective date; sections three hundred sixty-nine, three hundred seven- 39 ty-two, three hundred seventy-three, three hundred seventy-four, three 40 hundred seventy-five and three hundred seventy-six of this act shall 41 remain in effect until September 1, [2017] 2019, at which time they 42 shall be deemed repealed; provided, however, that the mandatory 43 surcharge provided in section three hundred seventy-four of this act 44 shall apply to parking violations occurring on or after said effective 45 date; and provided further that the amendments made to section 235 of 46 the vehicle and traffic law by section three hundred seventy-two of this 47 act, the amendments made to section 1809 of the vehicle and traffic law 48 by sections three hundred thirty-seven and three hundred thirty-eight of 49 this act and the amendments made to section 215-a of the labor law by 50 section three hundred seventy-five of this act shall expire on September 51 1, [2017] 2019 and upon such date the provisions of such subdivisions 52 and sections shall revert to and be read as if the provisions of this 53 act had not been enacted; the amendments to subdivisions 2 and 3 of 54 section 400.05 of the penal law made by sections three hundred seventy- 55 seven and three hundred seventy-eight of this act shall expire on July 56 1, 1992 and upon such date the provisions of such subdivisions shallS. 2005--C 7 A. 3005--C 1 revert and shall be read as if the provisions of this act had not been 2 enacted; the state board of law examiners shall take such action as is 3 necessary to assure that all applicants for examination for admission to 4 practice as an attorney and counsellor at law shall pay the increased 5 examination fee provided for by the amendment made to section 465 of the 6 judiciary law by section three hundred eighty of this act for any exam- 7 ination given on or after the effective date of this act notwithstanding 8 that an applicant for such examination may have prepaid a lesser fee for 9 such examination as required by the provisions of such section 465 as of 10 the date prior to the effective date of this act; the provisions of 11 section 306-a of the civil practice law and rules as added by section 12 three hundred eighty-one of this act shall apply to all actions pending 13 on or commenced on or after September 1, 1991, provided, however, that 14 for the purposes of this section service of such summons made prior to 15 such date shall be deemed to have been completed on September 1, 1991; 16 the provisions of section three hundred eighty-three of this act shall 17 apply to all money deposited in connection with a cash bail or a 18 partially secured bail bond on or after such effective date; and the 19 provisions of sections three hundred eighty-four and three hundred 20 eighty-five of this act shall apply only to jury service commenced 21 during a judicial term beginning on or after the effective date of this 22 act; provided, however, that nothing contained herein shall be deemed to 23 affect the application, qualification, expiration or repeal of any 24 provision of law amended by any section of this act and such provisions 25 shall be applied or qualified or shall expire or be deemed repealed in 26 the same manner, to the same extent and on the same date as the case may 27 be as otherwise provided by law; 28 § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as 29 amended by section 13 of part B of chapter 55 of the laws of 2015, is 30 amended to read as follows: 31 8. The provisions of this section shall only apply to offenses commit- 32 ted on or before September first, two thousand [seventeen] nineteen. 33 § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi- 34 cle and traffic law relating to the ignition interlock device program, 35 as amended by section 14 of part B of chapter 55 of the laws of 2015, is 36 amended to read as follows: 37 § 6. This act shall take effect on the first day of April next 38 succeeding the date on which it shall have become a law; provided, 39 however, that effective immediately, the addition, amendment or repeal 40 of any rule or regulation necessary for the implementation of the fore- 41 going sections of this act on their effective date is authorized and 42 directed to be made and completed on or before such effective date and 43 shall remain in full force and effect until the first day of September, 44 [2017] 2019 when upon such date the provisions of this act shall be 45 deemed repealed. 46 § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 47 laws of 1997, amending the military law and other laws relating to vari- 48 ous provisions, as amended by section 15 of part B of chapter 55 of the 49 laws of 2015, is amended to read as follows: 50 a. sections forty-three through forty-five of this act shall expire 51 and be deemed repealed on September 1, [2017] 2019; 52 § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending 53 the civil practice law and rules and the court of claims act relating to 54 prisoner litigation reform, as amended by section 16 of part B of chap- 55 ter 55 of the laws of 2015, is amended to read as follows:S. 2005--C 8 A. 3005--C 1 § 4. This act shall take effect 120 days after it shall have become a 2 law and shall remain in full force and effect until September 1, [2017] 3 2019, when upon such date it shall expire. 4 § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, 5 constituting the family protection and domestic violence intervention 6 act of 1994, as amended by section 17 of part B of chapter 55 of the 7 laws of 2015, is amended to read as follows: 8 2. Subdivision 4 of section 140.10 of the criminal procedure law as 9 added by section thirty-two of this act shall take effect January 1, 10 1996 and shall expire and be deemed repealed on September 1, [2017] 11 2019. 12 § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim- 13 inal procedure law relating to the use of closed-circuit television and 14 other protective measures for certain child witnesses, as amended by 15 section 18 of part B of chapter 55 of the laws of 2015, is amended to 16 read as follows: 17 § 5. This act shall take effect immediately and shall apply to all 18 criminal actions and proceedings commenced prior to the effective date 19 of this act but still pending on such date as well as all criminal 20 actions and proceedings commenced on or after such effective date and 21 its provisions shall expire on September 1, [2017] 2019, when upon such 22 date the provisions of this act shall be deemed repealed. 23 § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995, 24 enacting the sentencing reform act of 1995, as amended by section 19 of 25 part B of chapter 55 of the laws of 2015, is amended to read as follows: 26 d. Sections one-a through twenty, twenty-four through twenty-eight, 27 thirty through thirty-nine, forty-two and forty-four of this act shall 28 be deemed repealed on September 1, [2017] 2019; 29 § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi- 30 nal procedure law relating to electronic court appearance in certain 31 counties, as amended by section 20 of part B of chapter 55 of the laws 32 of 2015, is amended to read as follows: 33 § 2. This act shall take effect immediately, except that the 34 provisions of this act shall be deemed to have been in full force and 35 effect since July 1, 1992 and the provisions of this act shall expire 36 September 1, [2017] 2019 when upon such date the provisions of this act 37 shall be deemed repealed. 38 § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec- 39 utive law relating to enacting the interstate compact for adult offender 40 supervision, as amended by section 21 of part B of chapter 55 of the 41 laws of 2015, is amended to read as follows: 42 § 3. This act shall take effect immediately, except that section one 43 of this act shall take effect on the first of January next succeeding 44 the date on which it shall have become a law, and shall remain in effect 45 until the first of September, [2017] 2019, upon which date this act 46 shall be deemed repealed and have no further force and effect; provided 47 that section one of this act shall only take effect with respect to any 48 compacting state which has enacted an interstate compact entitled 49 "Interstate compact for adult offender supervision" and having an iden- 50 tical effect to that added by section one of this act and provided 51 further that with respect to any such compacting state, upon the effec- 52 tive date of section one of this act, section 259-m of the executive law 53 is hereby deemed REPEALED and section 259-mm of the executive law, as 54 added by section one of this act, shall take effect; and provided 55 further that with respect to any state which has not enacted an inter- 56 state compact entitled "Interstate compact for adult offender super-S. 2005--C 9 A. 3005--C 1 vision" and having an identical effect to that added by section one of 2 this act, section 259-m of the executive law shall take effect and the 3 provisions of section one of this act, with respect to any such state, 4 shall have no force or effect until such time as such state shall adopt 5 an interstate compact entitled "Interstate compact for adult offender 6 supervision" and having an identical effect to that added by section one 7 of this act in which case, with respect to such state, effective imme- 8 diately, section 259-m of the executive law is deemed repealed and 9 section 259-mm of the executive law, as added by section one of this 10 act, shall take effect. 11 § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending 12 the correction law relating to limiting the closing of certain correc- 13 tional facilities, providing for the custody by the department of 14 correctional services of inmates serving definite sentences, providing 15 for custody of federal prisoners and requiring the closing of certain 16 correctional facilities, as amended by section 22 of part B of chapter 17 55 of the laws of 2015, is amended to read as follows: 18 § 8. This act shall take effect immediately; provided, however that 19 sections five and six of this act shall expire and be deemed repealed 20 September 1, [2017] 2019. 21 § 23. Section 3 of part C of chapter 152 of the laws of 2001 amending 22 the military law relating to military funds of the organized militia, as 23 amended by section 23 of part B of chapter 55 of the laws of 2015, is 24 amended to read as follows: 25 § 3. This act shall take effect on the same date as the reversion of 26 subdivision 5 of section 183 and subdivision 1 of section 221 of the 27 military law as provided by section 76 of chapter 435 of the laws of 28 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith- 29 standing this act shall be deemed to have been in full force and effect 30 on and after July 31, 2005 and shall remain in full force and effect 31 until September 1, [2017] 2019 when upon such date this act shall 32 expire. 33 § 24. Section 5 of chapter 554 of the laws of 1986, amending the 34 correction law and the penal law relating to providing for community 35 treatment facilities and establishing the crime of absconding from the 36 community treatment facility, as amended by section 24 of part B of 37 chapter 55 of the laws of 2015, is amended to read as follows: 38 § 5. This act shall take effect immediately and shall remain in full 39 force and effect until September 1, [2017] 2019, and provided further 40 that the commissioner of correctional services shall report each January 41 first and July first during such time as this legislation is in effect, 42 to the chairmen of the senate crime victims, crime and correction 43 committee, the senate codes committee, the assembly correction commit- 44 tee, and the assembly codes committee, the number of individuals who are 45 released to community treatment facilities during the previous six-month 46 period, including the total number for each date at each facility who 47 are not residing within the facility, but who are required to report to 48 the facility on a daily or less frequent basis. 49 § 25. Sections 1 and 2 of part H of chapter 503 of the laws of 2009 50 relating to the disposition of monies recovered by county district 51 attorneys before the filing of an accusatory instrument, section 1 as 52 amended by section 25 of part B of chapter 55 of the laws of 2015 and 53 section 2 as amended by section 1 of part B of chapter 57 of the laws of 54 2016, is amended to read as follows: 55 Section 1. When a county district attorney of a county located in a 56 city of one million or more recovers monies before the filing of anS. 2005--C 10 A. 3005--C 1 accusatory instrument as defined in subdivision 1 of section 1.20 of the 2 criminal procedure law, after injured parties have been appropriately 3 compensated, the district attorney's office shall retain a percentage of 4 the remaining such monies in recognition that such monies were recovered 5 as a result of investigations undertaken by such office. For each recov- 6 ery the total amount of such monies to be retained by the county 7 district attorney's office shall equal ten percent of the first twenty- 8 five million dollars received by such office, plus seven and one-half 9 percent of such monies received by such office in excess of twenty-five 10 million dollars but less than fifty million dollars, plus five percent 11 of any such monies received by such office in excess of fifty million 12 dollars but less than one hundred million dollars, plus one percent of 13 such monies received by such office in excess of one hundred million 14 dollars. The remainder of such monies shall be paid by the district 15 attorney's office to the state and to the county in equal amounts within 16 thirty days of receipt, where disposition of such monies is not other- 17 wise prescribed by law. Monies distributed to a county district attor- 18 ney's office pursuant to this section shall be used to enhance law 19 enforcement efforts within the state of New York. Beginning on December 20 1, [2015] 2017, and on each December 1 thereafter, every district attor- 21 ney shall provide the governor, temporary president of the senate and 22 speaker of the assembly with an annual report detailing the total amount 23 of monies received as described herein by his or her office and a 24 description of how and where such funds were distributed by his or her 25 office but shall not include a description of the distribution of monies 26 where the disclosure of such information would interfere with a law 27 enforcement investigation or a judicial proceeding. The report shall 28 include a detailed description of any entity to which funds are distrib- 29 uted, including but not limited to, whether it is a profit or not-for- 30 profit entity, where it is located, and the intended use of the monies 31 distributed, and shall state the law enforcement purpose. 32 § 2. This act shall take effect immediately and shall remain in full 33 force and effect until March 31, [2017] 2018, when it shall expire and 34 be deemed repealed. 35 § 26. This act shall take effect immediately, provided however that 36 section twenty-five of this act shall be deemed to have been in full 37 force and effect on and after March 31, 2017; provided, further, that 38 the amendments to section 1 of part H of chapter 503 of the laws of 2009 39 made by section twenty-five of this act shall not affect the repeal of 40 such section and shall be deemed repealed therewith. 41 PART B 42 Intentionally Omitted 43 PART C 44 Intentionally Omitted 45 PART D 46 Intentionally Omitted 47 PART ES. 2005--C 11 A. 3005--C 1 Section 1. Paragraph (c) of subdivision 1 of section 803-b of the 2 correction law, as amended by chapter 412 of the laws of 2010, is 3 amended to read as follows: 4 (c) "significant programmatic accomplishment" means that the inmate: 5 (i) participates in no less than two years of college programming; or 6 (ii) obtains a masters of professional studies degree; or 7 (iii) successfully participates as an inmate program associate for no 8 less than two years; or 9 (iv) receives a certification from the state department of labor for 10 his or her successful participation in an apprenticeship program; or 11 (v) successfully works as an inmate hospice aid for a period of no 12 less than two years; or 13 (vi) successfully works in the division of correctional industries' 14 optical program for no less than two years and receives a certification 15 as an optician from the American board of opticianry; or 16 (vii) receives an asbestos handling certificate from the department of 17 labor upon successful completion of the training program and then works 18 in the division of correctional industries' asbestos abatement program 19 as a hazardous materials removal worker or group leader for no less than 20 eighteen months; or 21 (viii) successfully completes the course curriculum and passes the 22 minimum competency screening process performance examination for sign 23 language interpreter, and then works as a sign language interpreter for 24 deaf inmates for no less than one year; or 25 (ix) successfully works in the puppies behind bars program for a peri- 26 od of no less than two years; or 27 (x) successfully participates in a vocational culinary arts program 28 for a period of no less than two years and earns a servsafe certificate 29 that is recognized by the national restaurant association; or 30 (xi) successfully completes the four hundred ninety hour training 31 program while assigned to a department of motor vehicles call center, 32 and continues to work at such call center for an additional twenty-one 33 months; or 34 (xii) receives a certificate from the food production center in an 35 assigned position following the completion of no less than eight hundred 36 hours of work in such position, and continues to work for an additional 37 eighteen months at the food production center. 38 § 2. This act shall take effect April 1, 2017. 39 PART F 40 Section 1. Subdivision 2 of section 216 of the executive law is renum- 41 bered subdivision 3 and a new subdivision 2 is added to read as follows: 42 2. (a) There shall be within the bureau of criminal investigation a 43 hate crime task force. The superintendent shall assign to it such 44 personnel as may be required for the purpose of preventing, investigat- 45 ing, and detecting hate crimes as defined in article four hundred eight- 46 y-five and sections 240.30 and 240.31 of the penal law. When at all 47 possible, the task force members shall assist and support other law 48 enforcement agencies in preventing, investigating, and detecting 49 offenses committed due to a perception or belief regarding the race, 50 color, national origin, ancestry, gender, religion, religious practice, 51 age, disability or sexual orientation of a person. 52 (b) The task force shall issue reports and publications, in conjunc- 53 tion with the division of human rights and the division of criminal 54 justice services, in order to inform persons of all available rights andS. 2005--C 12 A. 3005--C 1 remedies under the penal law as referenced in paragraph (a) of this 2 subdivision, as well as prohibitions against discrimination because of 3 age, race, creed, color, national origin, sexual orientation, military 4 status, sex, disability, familial status, domestic violence victim 5 status, genetic predisposition status, or marital status as those terms 6 are defined by article fifteen of this chapter. 7 (c) The first report issued by the hate crimes task force, as required 8 by paragraph (b) of this subdivision, shall be issued within ninety days 9 of the effective date of this subdivision. Subsequent reports shall be 10 issued annually thereafter. 11 § 2. This act shall take effect immediately. 12 PART G 13 Section 1. Subdivisions 11 and 12 of section 631 of the executive law, 14 subdivision 11 as added by chapter 543 of the laws of 1995 and subdivi- 15 sion 12 as amended by chapter 188 of the laws of 2014, are amended to 16 read as follows: 17 11. Notwithstanding the provisions of subdivisions one, two and three 18 of this section, an individual who was a victim of either the crime of: 19 menacing in the second degree as defined in subdivision one of section 20 120.14 of the penal law; menacing in the third degree as defined in 21 section 120.15 of the penal law; unlawful imprisonment in the first 22 degree as defined in section 135.10 of the penal law[,]; kidnapping in 23 the second degree as defined in section 135.20 of the penal law [or]; 24 kidnapping in the first degree as defined in section 135.25 of the penal 25 law; criminal mischief in the fourth degree as defined in subdivision 26 four of section 145.00 of the penal law; robbery in the third degree as 27 defined in section 160.05 of the penal law; robbery in the second degree 28 as defined in subdivision one, paragraph b of subdivision two or subdi- 29 vision three of section 160.10 of the penal law; or robbery in the first 30 degree as defined in subdivisions two, three and four of section 160.15 31 of the penal law who has not been physically injured as a direct result 32 of such crime shall only be eligible for an award that includes loss of 33 earnings [or support] and the unreimbursed costs of counseling provided 34 to such victim on account of mental or emotional stress resulting from 35 the incident in which the crime occurred. 36 12. Notwithstanding the provisions of subdivisions one, two and three 37 of this section, an individual who was a victim of either the crime of 38 menacing in the second degree as defined in subdivision two or three of 39 section 120.14 of the penal law, menacing in the first degree as defined 40 in section 120.13 of the penal law, criminal obstruction of breathing or 41 blood circulation as defined in section 121.11 of the penal law, harass- 42 ment in the second degree as defined in [subdivision two or three of] 43 section 240.26 of the penal law, harassment in the first degree as 44 defined in section 240.25 of the penal law, aggravated harassment in the 45 second degree as defined in subdivision three or five of section 240.30 46 of the penal law, aggravated harassment in the first degree as defined 47 in subdivision two of section 240.31 of the penal law, criminal contempt 48 in the first degree as defined in [paragraph (ii) or (iv) of] subdivi- 49 sion (b) or subdivision (c) of section 215.51 of the penal law, or 50 stalking in the fourth, third, second or first degree as defined in 51 sections 120.45, 120.50, 120.55 and 120.60 of the penal law, respective- 52 ly, or a hate crime as defined in section 485.05 of the penal law who 53 has not been physically injured as a direct result of such crime shall 54 only be eligible for an award that includes loss of earning or support,S. 2005--C 13 A. 3005--C 1 the unreimbursed cost of repair or replacement of essential personal 2 property that has been lost, damaged or destroyed as a direct result of 3 such crime, the unreimbursed cost for security devices to enhance the 4 personal protection of such victim, transportation expenses incurred for 5 necessary court [expenses] appearances in connection with the prose- 6 cution of such crime, the unreimbursed costs of counseling provided to 7 such victim on account of mental or emotional stress resulting from the 8 incident in which the crime occurred, the unreimbursed cost of securing 9 a crime scene, reasonable relocation expenses, and for occupational or 10 job training. 11 § 2. This act shall take effect on the one hundred eightieth day after 12 it shall have become law, and apply to all claims filed on or after such 13 effective date. 14 PART H 15 Section 1. Subdivision 5 of section 621 of the executive law, as 16 amended by chapter 74 of the laws of 2007, is amended to read as 17 follows: 18 5. "Victim" shall mean (a) a person who suffers personal physical 19 injury as a direct result of a crime; (b) a person who is the victim of 20 either the crime of (1) unlawful imprisonment in the first degree as 21 defined in section 135.10 of the penal law, (2) kidnapping in the second 22 degree as defined in section 135.20 of the penal law, (3) kidnapping in 23 the first degree as defined in section 135.25 of the penal law, (4) 24 menacing in the first degree as defined in section 120.13 of the penal 25 law, (5) criminal obstruction of breathing or blood circulation as 26 defined in section 121.11 of the penal law, (6) harassment in the second 27 degree as defined in section 240.26 of the penal law, (7) harassment in 28 the first degree as defined in section 240.25 of the penal law, (8) 29 aggravated harassment in the second degree as defined in subdivision 30 three or five of section 240.30 of the penal law, (9) aggravated harass- 31 ment in the first degree as defined in subdivision two of section 240.31 32 of the penal law, (10) criminal contempt in the first degree as defined 33 in subdivision (b) or subdivision (c) of section 215.51 of the penal 34 law, (11) stalking in the fourth, third, second or first degree as 35 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law, 36 (12) labor trafficking as defined in section 135.35 of the penal law, or 37 [(5)] (13) sex trafficking as defined in section 230.34 of the penal 38 law; a vulnerable elderly person or an incompetent or physically disa- 39 bled person as defined in section 260.31 of the penal law who incurs a 40 loss of savings as defined in subdivision twenty-four of this section; 41 or a person who has had a frivolous lawsuit filed against them. 42 § 2. Section 621 of the executive law is amended by adding a new 43 subdivision 24 to read as follows: 44 24. "Loss of savings" shall mean the result of any act or series of 45 acts of larceny as defined in article one hundred fifty-five of the 46 penal law, indicated by a criminal justice agency as defined in subdivi- 47 sion one of section six hundred thirty-one of this article, in which 48 cash is stolen from a vulnerable elderly person or an incompetent or 49 physically disabled person as defined in section 260.31 of the penal 50 law. 51 § 3. Subdivision 2 of section 631 of the executive law, as amended by 52 chapter 162 of the laws of 2008, is amended to read as follows: 53 2. Any award made pursuant to this article shall be in an amount not 54 exceeding out-of-pocket expenses, including indebtedness reasonablyS. 2005--C 14 A. 3005--C 1 incurred for medical or other services necessary as a result of the 2 injury upon which the claim is based; loss of earnings or support 3 resulting from such injury not to exceed thirty thousand dollars; loss 4 of savings not to exceed thirty thousand dollars; burial expenses not 5 exceeding six thousand dollars of a victim who died as a direct result 6 of a crime; the costs of crime scene cleanup and securing of a crime 7 scene not exceeding twenty-five hundred dollars; reasonable relocation 8 expenses not exceeding twenty-five hundred dollars; and the unreimbursed 9 cost of repair or replacement of articles of essential personal property 10 lost, damaged or destroyed as a direct result of the crime. An award for 11 loss of earnings shall include earnings lost by a parent or guardian as 12 a result of the hospitalization of a child victim under age eighteen for 13 injuries sustained as a direct result of a crime. In addition to the 14 medical or other services necessary as a result of the injury upon which 15 the claim is based, an award may be made for rehabilitative occupational 16 training for the purpose of job retraining or similar employment-orient- 17 ed rehabilitative services based upon the claimant's medical and employ- 18 ment history. For the purpose of this subdivision, rehabilitative occu- 19 pational training shall include but not be limited to educational 20 training and expenses. An award for rehabilitative occupational training 21 may be made to a victim, or to a family member of a victim where neces- 22 sary as a direct result of a crime. 23 § 4. Section 631 of the executive law is amended by adding a new 24 subdivision 3-a to read as follows: 25 3-a. Any award made for loss of savings shall, unless reduced pursuant 26 to other provisions of this article, be in an amount equal to the actual 27 loss sustained. 28 § 5. Subdivision 5 of section 631 of the executive law is amended by 29 adding a new paragraph (f) to read as follows: 30 (f) Notwithstanding the provisions of paragraph (a) of this subdivi- 31 sion, the office shall disregard for this purpose the responsibility of 32 the victim for his or her own loss of savings. 33 § 6. Section 631 of the executive law is amended by adding a new 34 subdivision 8-a to read as follows: 35 8-a. Notwithstanding the provisions of subdivision one of this 36 section, a vulnerable elderly person or an incompetent or physically 37 disabled person, as defined in section 260.31 of the penal law, who has 38 not been physically injured as a direct result of a crime, shall be 39 eligible for an award that includes loss of savings. 40 § 7. This act shall take effect on the one hundred eightieth day after 41 it shall have become a law, and shall apply to all claims filed on or 42 after such effective date. 43 PART I 44 Section 1. The executive law is amended by adding a new section 203-a 45 to read as follows: 46 § 203-a. Additional duties of the commissioner regarding flood related 47 losses. In accordance with 44 CFR 75.11 of the code of federal regu- 48 lations, in the event that state-owned structures and their contents are 49 damaged as the result of flood related losses, flood, and/or flood 50 related hazards occurring in areas identified by the federal insurance 51 administrator as A, AO, AH, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, 52 AR/AH, AR/A, A99, M, V, VO, V1-30, VE, and E Zones, the commissioner of 53 general services shall pay an amount not less than the limits of cover- 54 age that would be applicable if such state-owned structures and theirS. 2005--C 15 A. 3005--C 1 contents had been covered by standard flood insurance policies, as 2 defined in 44 CFR 59.1, for the repair, restoration, or replacement of 3 such state-owned structures and contents, and shall maintain and update, 4 not less frequently than annually, an inventory of all state-owned 5 structures and their contents within such zones. 6 § 2. This act shall take effect immediately. 7 PART J 8 Intentionally Omitted 9 PART K 10 Intentionally Omitted 11 PART L 12 Section 1. Section 3 of chapter 674 of the laws of 1993, amending the 13 public buildings law relating to value limitations on contracts, as 14 amended by section 1 of part M of chapter 55 of the laws of 2015, is 15 amended to read as follows: 16 § 3. This act shall take effect immediately and shall remain in full 17 force and effect only until June 30, [2017] 2019. 18 § 2. This act shall take effect immediately. 19 PART M 20 Intentionally Omitted 21 PART N 22 Intentionally Omitted 23 PART O 24 Intentionally Omitted 25 PART P 26 Intentionally Omitted 27 PART Q 28 Intentionally Omitted 29 PART R 30 Intentionally Omitted 31 PART S 32 Intentionally Omitted 33 PART T 34 Intentionally OmittedS. 2005--C 16 A. 3005--C 1 PART U 2 Intentionally Omitted 3 PART V 4 Intentionally Omitted 5 PART W 6 Intentionally Omitted 7 PART X 8 Intentionally Omitted 9 PART Y 10 Intentionally Omitted 11 PART Z 12 Intentionally Omitted 13 PART AA 14 Intentionally Omitted 15 PART BB 16 Section 1. Paragraph (t) of subdivision 2 of section 212 of the judi- 17 ciary law, as added by chapter 237 of the laws of 2015, is relettered 18 paragraph (u). 19 § 2. Paragraph (t) of subdivision 2 of section 212 of the judiciary 20 law, as added by chapter 367 of the laws of 2015, is relettered para- 21 graph (v) and two new paragraphs (t) and (t-1) are added to read as 22 follows: 23 (t) Make available translation services to all family and supreme 24 courts to assist in the translation of orders of protection and tempo- 25 rary orders of protection, as provided in this paragraph, where the 26 person protected by and/or the person subject to the order of protection 27 has limited English proficiency or has a limited ability to read 28 English: 29 (i) Translation services shall be made available to all family and 30 supreme courts in the ten languages most frequently used in the courts 31 of each judicial department in accordance with the schedule in subpara- 32 graph (ii) of this paragraph, and any additional languages that the 33 chief administrator of the courts deems appropriate; 34 (ii) (A) In three languages from among the ten most frequently used in 35 the courts of each judicial department, by January first, two thousand 36 eighteen; 37 (B) In three additional languages from among the ten most frequently 38 used in the courts of each judicial department, by June thirtieth, two 39 thousand nineteen; andS. 2005--C 17 A. 3005--C 1 (C) In four additional languages from among the ten most frequently 2 used in the courts of each judicial department, by December thirty- 3 first, two thousand twenty; and 4 (iii) Upon issuance of an order of protection or temporary order of 5 protection, the court shall inquire of any person who is protected by it 6 or subject to it, who has made an appearance, whether translation 7 services are needed. The court shall advise the party or parties of the 8 availability of such translation services; 9 (iv) The authority provided by this paragraph shall be in addition to, 10 and shall not be deemed to diminish or reduce any rights of the parties 11 under existing law. 12 (t-1) Issue reports concerning the availability of translation 13 services where orders of protection and temporary orders of protection 14 are issued; special pilot programs. (i) The chief administrator of the 15 courts shall submit to the legislature, the governor, and the chief 16 judge of the state the following reports: 17 (A) Not later than April first, two thousand nineteen, a report on the 18 availability and use of translation services in the courts for orders of 19 protection and temporary orders of protection, including but not limited 20 to the languages for which written and oral translation is provided; the 21 number of parties that received translated documents, broken down by 22 language and judicial department; the number of parties receiving inter- 23 pretation, broken down by language and judicial department; the number 24 of people who requested a translated document and did not receive it; 25 and the number of cases in which a court interpreter was used to commu- 26 nicate with either party and an order of protection or temporary order 27 of protection was issued but in which a translated document was not 28 provided to either party. Such report shall contain recommendations for 29 further legislation relating to the availability of such translation 30 services as the chief administrator of the courts shall deem appropri- 31 ate; and 32 (B) Not later than April first, two thousand eighteen, a report evalu- 33 ating the technical and operational issues involved in subjecting the 34 following orders of protection and temporary orders of protection to the 35 same requirements, relative to translation and interpretation of such 36 orders, as are applicable to orders of protection and temporary orders 37 of protection issued under section one hundred sixty-nine of the family 38 court act: (I) orders of protection and temporary orders of protection 39 issued under section 530.12 or 530.13 of the criminal procedure law; and 40 (II) orders of protection and temporary orders of protection issued by a 41 town or village justice court. 42 (ii) The office of court administration shall establish and oversee 43 two pilot programs, as follows: 44 (A) In one town or village court within each judicial district, to 45 develop best practices for the use of written translation and interpre- 46 tation services for orders of protection and temporary orders of 47 protection in the justice courts. Following consultation with the state 48 magistrates association, the conference of mayors, the association of 49 towns, the unified court system's advisory committee on language access, 50 and such other parties as may be interested, the chief administrator 51 shall include an analysis and evaluation of this pilot program, together 52 with a plan for its expansion throughout the justice court system, in 53 the report required pursuant to clause (B) of subparagraph (i) of this 54 paragraph. 55 (B) In one county in the city of New York and two counties outside 56 such city, to develop best practices for the use of written translationS. 2005--C 18 A. 3005--C 1 and interpretation services for orders of protection and temporary 2 orders of protection issued in the state-paid criminal courts of such 3 counties. Following consultation with the state district attorneys asso- 4 ciation, representatives of the criminal defense bar, representatives of 5 domestic violence prevention legal services providers, the unified court 6 system's advisory committee on language access, and such other parties 7 as may be interested, the chief administrator shall include an analysis 8 and evaluation of this pilot program, together with a plan for its 9 expansion throughout the state, in the report required pursuant to 10 clause (B) of subparagraph (i) of this paragraph. 11 § 3. The family court act is amended by adding a new section 169 to 12 read as follows: 13 § 169. Translation and interpretation of orders of protection. The 14 office of court administration shall, in accordance with paragraph (t) 15 of subdivision two of section two hundred twelve of the judiciary law, 16 ensure that a court order of protection and temporary order of 17 protection issued by the court under article three, four, five, six, 18 seven, eight or ten of this act, is translated in writing into the 19 appropriate language for a party to a proceeding where the court has 20 appointed an interpreter. The office of court administration shall 21 ensure that the standard language of the office of court administration 22 order of protection and temporary order of protection forms shall be 23 translated in writing in the languages most frequently used in the 24 courts of each judicial department in accordance with paragraph (t) of 25 subdivision two of section two hundred twelve of the judiciary law. A 26 copy of the written translation shall be given to each party in the 27 proceeding, along with the original order or temporary order of 28 protection issued in English. A copy of this written translation shall 29 also be included as part of the record of the proceeding. The court 30 shall read the essential terms and conditions of the order aloud on the 31 record and direct the court appointed interpreter to interpret the same 32 terms and conditions. Such written translation or interpretation shall 33 not affect the validity or enforceability of the order. In every case a 34 party to a proceeding shall be provided with an English copy of any 35 court order of protection or temporary order of protection issued. The 36 authority provided herein shall be in addition to and shall not be 37 deemed to diminish or reduce any rights of the parties under existing 38 law. 39 § 4. Subdivision 3 of section 240 of the domestic relations law is 40 amended by adding a new paragraph a-1 to read as follows: 41 a-1. Translation and interpretation of orders of protection. The 42 office of court administration shall, in accordance with paragraph (t) 43 of subdivision two of section two hundred twelve of the judiciary law, 44 ensure that a court order of protection and temporary order of 45 protection is translated in writing into the appropriate language for a 46 party to a proceeding where the court has appointed an interpreter. The 47 office of court administration shall ensure that the standard language 48 of the office of court administration order of protection and temporary 49 order of protection forms shall be translated in writing in the 50 languages most frequently used in the courts of each judicial department 51 in accordance with paragraph (t) of subdivision two of section two 52 hundred twelve of the judiciary law. A copy of the written translation 53 shall be given to each party in the proceeding, along with the original 54 order or temporary order of protection issued in English. A copy of 55 this written translation shall also be included as part of the record of 56 the proceeding. The court shall read the essential terms and conditionsS. 2005--C 19 A. 3005--C 1 of the order aloud on the record and direct the court appointed inter- 2 preter to interpret the same terms and conditions. Such written trans- 3 lation or interpretation shall not affect the validity or enforceability 4 of the order. In every case a party to a proceeding shall be provided 5 with an English copy of any court order of protection or temporary order 6 of protection issued. The authority provided herein shall be in addition 7 to and shall not be deemed to diminish or reduce any rights of the 8 parties under existing law. 9 § 5. Section 252 of the domestic relations law is amended by adding a 10 new subdivision 1-a to read as follows: 11 1-a. Translation and interpretation of orders of protection. The 12 office of court administration shall, in accordance with paragraph (t) 13 of subdivision two of section two hundred twelve of the judiciary law, 14 ensure that a court order of protection or temporary order of protection 15 is translated in writing into the appropriate language for a party to a 16 proceeding where the court has appointed an interpreter. The office of 17 court administration shall ensure that the standard language of the 18 office of court administration order of protection and temporary order 19 of protection forms shall be translated in writing in the languages most 20 frequently used in the courts of each judicial department in accordance 21 with paragraph (t) of subdivision two of section two hundred twelve of 22 the judiciary law. A copy of the written translation shall be given to 23 each party in the proceeding, along with the original order or temporary 24 order of protection issued in English. A copy of this written trans- 25 lation shall also be included as part of the record of the proceeding. 26 The court shall read the essential terms and conditions of the order 27 aloud on the record and direct the court appointed interpreter to inter- 28 pret the same terms and conditions. Such written translation or inter- 29 pretation shall not affect the validity or enforceability of the order. 30 In every case a party to a proceeding shall be provided with an English 31 copy of any court order of protection or temporary order of protection 32 issued. The authority provided herein shall be in addition to and shall 33 not be deemed to diminish or reduce any rights of the parties under 34 existing law. 35 § 6. The closing paragraph of subparagraph 2 of paragraph (ii) of 36 subdivision (b) of section 214 of the family court act, as added by 37 chapter 237 of the laws of 2015, is amended to read as follows: 38 Notwithstanding the foregoing, the chief administrator may not elimi- 39 nate the requirement of consent to participation in a county hereunder 40 until he or she shall have provided all persons or organizations, or 41 their representative or representatives, who regularly appear in 42 proceedings in the family court of such county, in which proceedings the 43 requirement of consent is to be eliminated, with reasonable notice and 44 an opportunity to submit comments with respect thereto and shall have 45 given due consideration to all such comments, nor until he or she shall 46 have consulted with the members of the advisory committee continued 47 pursuant to subparagraph (vi) of paragraph [(t)] (u) of subdivision two 48 of section two hundred twelve of the judiciary law. 49 § 7. Subparagraph (ii) of paragraph (b) of subdivision 2 of section 50 10.40 of the criminal procedure law, as added by chapter 237 of the laws 51 of 2015, is amended to read as follows: 52 (ii) The chief administrator may eliminate the requirement of consent 53 to participation in this program in supreme and county courts of not 54 more than six counties provided he or she may not eliminate such 55 requirement for a court without the consent of the district attorney, 56 the consent of the criminal defense bar as defined in subdivision threeS. 2005--C 20 A. 3005--C 1 of this section and the consent of the county clerk of the county in 2 which such court presides. 3 Notwithstanding the foregoing provisions of this subparagraph, the 4 chief administrator shall not eliminate the requirement of consent to 5 participation in a county hereunder until he or she shall have provided 6 all persons and organizations, or their representative or represen- 7 tatives, who regularly appear in criminal actions or proceedings in the 8 superior court of such county with reasonable notice and opportunity to 9 submit comments with respect thereto and shall have given due consider- 10 ation to all such comments, nor until he or she shall have consulted 11 with the members of the advisory committee specified in subparagraph (v) 12 of paragraph [(t)] (u) of subdivision two of section two hundred twelve 13 of the judiciary law. 14 § 8. The chief administrator of the courts may promulgate rules and 15 regulations in order to effectuate the provisions of this act, and, to 16 the extent necessary and appropriate, exercise his or her authority 17 pursuant to paragraph (l) of subdivision 1 of section 212 of the judici- 18 ary law to the same end. 19 § 9. This act shall take effect on the ninetieth day after it shall 20 have become a law and shall apply to orders of protection issued on or 21 after such effective date; provided that the amendments to section 214 22 of the family court act, made by section six of this act, shall not 23 affect the expiration and reversion of such section, and shall expire 24 therewith; provided, further, that the amendments to subparagraph (ii) 25 of paragraph (b) of subdivision 2 of section 10.40 of the criminal 26 procedure law made by section seven of this act, shall not affect the 27 expiration and reversion of such section, and shall expire therewith. 28 PART CC 29 Section 1. Section 13 of chapter 141 of the laws of 1994, amending 30 the legislative law and the state finance law relating to the operation 31 and administration of the legislature, as amended by section 2 of part S 32 of chapter 57 of the laws of 2016, is amended to read as follows: 33 § 13. This act shall take effect immediately and shall be deemed to 34 have been in full force and effect as of April 1, 1994, provided that, 35 the provisions of section 5-a of the legislative law as amended by 36 sections two and two-a of this act shall take effect on January 1, 1995, 37 and provided further that, the provisions of article 5-A of the legisla- 38 tive law as added by section eight of this act shall expire June 30, 39 [2017] 2018 when upon such date the provisions of such article shall be 40 deemed repealed; and provided further that section twelve of this act 41 shall be deemed to have been in full force and effect on and after April 42 10, 1994. 43 § 2. This act shall take effect immediately, provided, however, if 44 section one of this act shall take effect on or after June 30, 2017 45 section one of this act shall be deemed to have been in full force and 46 effect on and after June 30, 2017. 47 PART DD 48 Section 1. Paragraph (g) of section 1603 of the not-for-profit corpo- 49 ration law, as amended by chapter 106 of the laws of 2014, is amended to 50 read as follows: 51 (g) Nothing in this article shall be construed to authorize the exist- 52 ence of more than [twenty] twenty-five land banks located in the stateS. 2005--C 21 A. 3005--C 1 at one time, provided further that each foreclosing governmental unit or 2 units proposing to create a land bank shall submit such local law, ordi- 3 nance or resolution as required by paragraph (a) of this section, to the 4 urban development corporation, for its review and approval. The creation 5 of a land bank shall be conditioned upon approval of the urban develop- 6 ment corporation. 7 § 2. This act shall take effect immediately. 8 PART EE 9 Section 1. Notwithstanding any other provision of law to the contrary, 10 in accordance with local law number one of 2017 of the village of Spring 11 Valley, those properties located within the village of Spring Valley 12 that have timely filed applications for real property tax law exemptions 13 for persons over sixty-five years of age and for veterans pursuant to 14 sections 467 and 458 of the real property tax law with the town of 15 Clarkstown or the town of Ramapo for the 2016 and 2017 assessment rolls 16 of each municipality shall be granted such exemptions on the portion of 17 such rolls to be used for the levy of the village of Spring Valley taxes 18 in 2017 and 2018 where the assessor determines that the applicable 19 eligibility requirements are satisfied, notwithstanding the fact that 20 said local law was adopted after the taxable date of such rolls. 21 § 2. This act shall take effect immediately. 22 PART FF 23 Section 1. a. Notwithstanding the provisions of section 1226 of the 24 vehicle and traffic law, the New York state commissioner of motor vehi- 25 cles may approve demonstrations and tests consisting of the operation of 26 a motor vehicle equipped with autonomous vehicle technology while such 27 motor vehicle is engaged in the use of such technology on public high- 28 ways within this state for the purposes of demonstrating and assessing 29 the current development of autonomous vehicle technology and to begin 30 identifying potential impacts of such technology on safety, traffic 31 control, traffic enforcement, emergency services, and such other areas 32 as may be identified by such commissioner. Provided, however, that such 33 demonstrations and tests shall only take place under the direct super- 34 vision of the New York state police. Such demonstrations and tests shall 35 take place in a manner and form prescribed by the commissioner of motor 36 vehicles including, but not limited to: a requirement that a natural 37 person holding a valid license for the operation of the motor vehicle's 38 class be present within such vehicle for the duration of the time it is 39 operated on public highways; a requirement that the motor vehicle 40 utilized in such demonstrations and tests complies with all applicable 41 federal motor vehicle safety standards and New York state motor vehicle 42 inspection standards; and a requirement that the motor vehicle utilized 43 in such demonstrations and tests has in place, at a minimum, financial 44 security in the amount of five million dollars. Nothing in this act 45 shall authorize the motor vehicle utilized in such demonstrations and 46 tests to operate in violation of article 22 or title 7 of the vehicle 47 and traffic law, excluding section 1226 of such law. 48 b. For the purposes of this act, the term "autonomous vehicle technol- 49 ogy" shall mean the hardware and software that are collectively capable 50 of performing part or all of the dynamic driving task on a sustained 51 basis, and the term "dynamic driving task" shall mean all of the real- 52 time operational and tactical functions required to operate a vehicle inS. 2005--C 22 A. 3005--C 1 on-road traffic, excluding the strategic functions such as trip schedul- 2 ing and selection of destinations and waypoints. 3 § 2. The commissioner of motor vehicles shall, in consultation with 4 the superintendent of state police, submit a report to the governor, the 5 temporary president of the senate, the speaker of the assembly, and the 6 chairs of the senate and assembly transportation committees on the 7 demonstrations and tests authorized by section one of this act. Such 8 report shall include, but not be limited to, a description of the param- 9 eters and purpose of such demonstrations and tests, the location or 10 locations where demonstrations and tests were conducted, the demon- 11 strations' and tests' impacts on safety, traffic control, traffic 12 enforcement, emergency services, and such other areas as may be identi- 13 fied by such commissioner. Such commissioner shall submit such report on 14 or before June 1, 2018. 15 § 3. This act shall take effect April 1, 2017; provided, however, that 16 section one of this act shall expire and be deemed repealed April 1, 17 2018. 18 PART GG 19 Section 1. Subdivision 5 of section 227 of the vehicle and traffic 20 law, as amended by section 3 of part CC of chapter 58 of the laws of 21 2015, is amended to read as follows: 22 5. All penalties and forfeited security collected pursuant to the 23 provisions of this article shall be paid to the department of audit and 24 control to the credit of the justice court fund and shall be subject to 25 the applicable provisions of section eighteen hundred three of this 26 chapter. After such audit as shall reasonably be required by the comp- 27 troller, such penalties and forfeited security shall be paid quarterly 28 or, in the discretion of the comptroller, monthly, to the appropriate 29 jurisdiction in which the violation occurred in accordance with the 30 provisions of section ninety-nine-a of the state finance law, except 31 that the sum of four dollars for each violation occurring in such juris- 32 diction for which a complaint has been filed with the administrative 33 tribunal established pursuant to this article shall be retained by the 34 state. Notwithstanding any law to the contrary an additional annual sum 35 of three million dollars collected from fines and assessed to the city 36 of New York, shall be deposited into the general fund in accordance with 37 the provisions of section ninety-nine-a of the state finance law. The 38 amount distributed during the first three quarters to the city of 39 Rochester in any given fiscal year shall not exceed seventy percent of 40 the amount which will be otherwise payable. Provided, however, that if 41 the full costs of administering this article shall exceed the amounts 42 received and retained by the state for any period specified by the 43 commissioner, then such additional sums as shall be required to offset 44 such costs shall be retained by the state out of the penalties and 45 forfeited security collected pursuant to this article. 46 § 2. Paragraph c of subdivision 1 of section 1803 of the vehicle and 47 traffic law, as amended by chapter 385 of the laws of 1999, is amended 48 to read as follows: 49 c. for compliance with or violations of subdivision nineteen of 50 section three hundred eighty-five of this chapter, notwithstanding any 51 inconsistent provision of law, except as provided in section ninety of 52 the state finance law, the fees and fines collected by the state pursu- 53 ant to sections two hundred twenty-seven, three hundred eighty-five and 54 eighteen hundred three of this chapter and section ninety-nine-a of theS. 2005--C 23 A. 3005--C 1 state finance law, shall be made available to the state comptroller for 2 deposit in the general fund except that fines collected within a city 3 not wholly included within one county shall be paid to such city in 4 accordance with the procedures set forth in subdivision four of section 5 two hundred twenty-seven of this chapter for deposit into the general 6 fund of such city, and except that an annual amount of three million 7 dollars of fines collected within the city of New York pursuant to arti- 8 cle two-A of this chapter be deposited by the comptroller to the general 9 fund. 10 § 3. Subdivision 3 of section 99-a of the state finance law, as 11 amended by section 10 of part CC of chapter 58 of the laws of 2015, is 12 amended to read as follows: 13 3. The comptroller is hereby authorized to implement alternative 14 procedures, including guidelines in conjunction therewith, relating to 15 the remittance of fines, penalties, forfeitures and other moneys by town 16 and village justice courts, and by the Nassau and Suffolk counties traf- 17 fic and parking violations agencies, and by the city of Buffalo traffic 18 violations agency, and by the city of New York pursuant to article two-A 19 of the vehicle and traffic law, to the justice court fund and for the 20 distribution of such moneys by the justice court fund. Notwithstanding 21 any law to the contrary, the alternative procedures utilized may 22 include: 23 a. electronic funds transfer; 24 b. remittance of funds by the justice court to the chief fiscal office 25 of the town or village, or, in the case of the Nassau and Suffolk coun- 26 ties traffic and parking violations agencies, to the county treasurer, 27 or, in the case of the Buffalo traffic violations agency, to the city of 28 Buffalo comptroller, for distribution in accordance with instructions by 29 the comptroller or, in the case of the city of New York, pursuant to 30 article two-A of the vehicle and traffic law to the city comptroller; 31 and/or 32 c. monthly, rather than quarterly, distribution of funds. 33 The comptroller may require such reporting and record keeping as he or 34 she deems necessary to ensure the proper distribution of moneys in 35 accordance with applicable laws. A justice court or the Nassau and 36 Suffolk counties traffic and parking violations agencies or the city of 37 Buffalo traffic violations agency or the city of New York pursuant to 38 article two-A of the vehicle and traffic law may utilize these proce- 39 dures only when permitted by the comptroller, and such permission, once 40 given, may subsequently be withdrawn by the comptroller on due notice. 41 § 4. This act shall take effect immediately; and shall expire and be 42 deemed repealed April 1, 2019. 43 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 44 sion, section or part of this act shall be adjudged by any court of 45 competent jurisdiction to be invalid, such judgment shall not affect, 46 impair, or invalidate the remainder thereof, but shall be confined in 47 its operation to the clause, sentence, paragraph, subdivision, section 48 or part thereof directly involved in the controversy in which such judg- 49 ment shall have been rendered. It is hereby declared to be the intent of 50 the legislature that this act would have been enacted even if such 51 invalid provisions had not been included herein. 52 § 3. This act shall take effect immediately provided, however, that 53 the applicable effective date of Parts A through GG of this act shall be 54 as specifically set forth in the last section of such Parts.