Bill Text: NY A03005 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 ________________________________________________________________________ 3005--B IN ASSEMBLY January 23, 2017 ___________ 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 recommit- ted 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12570-03-7A. 3005--B 2 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 the 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); to amend the penal law and the criminal procedure law, in relation to criminal possession of marihuana in the fifth degree and sealing certain records where charg- es relate to the possession of marihuana (Part B); intentionally omit- ted (Part C); to amend the criminal procedure law, the family court act and the executive law, in relation to statements of those accused of crimes and eyewitness identifications, to enhance criminal investi-A. 3005--B 3 gations and prosecutions and to promote confidence in the criminal justice system of this state; to amend the county law and the execu- tive law, in relation to the implementation of a plan regarding indi- gent legal services; to amend the state finance law, in relation to amounts distributed from the indigent legal services fund; to amend chapter 62 of the laws of 2003, amending the county law and other laws relating to fees collected, in relation to certain fees collected by the office of court administration; and to amend the judiciary law, in relation to the biennial registration fee for attorneys (Part D); to amend the correction law, the penal law, the criminal procedure law and the executive law, in relation to correction reform (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 executive law, in relation to additional duties of the commissioner of general services (Part I); to amend the state finance law, the public authorities law, the highway law, the general municipal law, and the public buildings law, in relation to requiring the use of American made iron, steel and manufactured products in certain government contracts, and to repeal certain provisions of the public authorities law and the state finance law relating thereto (Part J); to authorize the transfer of employees of the division of military and naval affairs in the unclassified service of the state to the office of general services; and providing for the repeal of such provisions upon expiration thereof (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; and to amend the public buildings law and the state finance law, in relation to contracts for construction projects (Part L); intentionally omitted (Part M); to amend the state finance law, in relation to the preferred sources program for commodities or services (Part N); to amend the workers' compensation law, in relation to the information required to be included in payroll records (Part O); intentionally omitted (Part P); intentionally omitted (Part Q); inten- tionally omitted (Part R); intentionally omitted (Part S); inten- tionally omitted (Part T); intentionally omitted (Part U); to amend the executive law, in relation to unlawful discriminatory practices by educational institutions (Part V); intentionally omitted (Part W); to amend the economic development law, in relation to reporting require- ments for the START-UP NY program (Part X); to amend the labor law, in relation to the calculation of weekly employment insurance benefits for workers who are partially unemployed; and repealing certain provisions of such law relating thereto (Part Y); to provide for the administration of certain funds and accounts related to the 2017-18 budget and authorizing certain payments and transfers; to amend the state finance law, in relation to the school tax relief fund; to amend chapter 62 of the laws of 2003 amending the general 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 the New York state urban development corporation act, in relation to funding project costs undertaken by non-public schools; to amend the New York state urban development corporation act, in relation to fundingA. 3005--B 4 project costs for certain capital projects; to amend chapter 389 of the laws of 1997, relating to the financing of the correctional facil- ities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; to amend the private housing finance law, in relation to housing program bonds and notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of bonds; to amend the public authorities law, in relation to the issuance of bonds by the dormitory authority; to amend chapter 61 of the laws of 2005 relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; to amend the New York state urban development corporation act, in relation to the issuance of bonds; to amend the public authorities law, in relation to the state environ- mental infrastructure projects; to amend the New York state urban development corporation act, in relation to authorizing the urban development corporation to issue bonds to fund project costs for the implementation of a NY-CUNY challenge grant program; to amend chapter 81 of the laws of 2002, relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggregate amount of bonds to be issued by the New York state urban development corporation; to amend the public authorities law, in relation to financing of peace bridge and trans- portation capital projects; to amend the public authorities law, in relation to dormitories at certain educational institutions other than state operated institutions and statutory or contract colleges under the jurisdiction of the state university of New York; to amend the New York state medical care facilities finance agency act, in relation to bonds and mental health facilities improvement notes; to amend chapter 63 of the laws of 2005, relating to the composition and responsibil- ities 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 public authorities law, in relation to authorization for issuance of bonds for the capital restructuring bond finance program and the health care facility transformation program; to amend the education law, in relation to special apportionments of the EXCEL program; to amend the public authorities law, in relation to library construction; to amend the public authorities law, in relation to foster care youth facilities; to amend the public authorities law, in relation to the financing of metropolitan transportation authority transportation facilities; to amend the state finance law, in relation to the issuance of bonds; to amend the state finance law, in relation to the replacement of lost certificates; to amend the state finance law, in relation to the appointment of a fiscal agent; to amend the public authorities law, in relation to notes or bonds of the New York state thruway authority; to repeal sections 58, 59 and 60 of the state finance law relating thereto; and providing for the repeal of certain provisions upon expiration thereof (Part Z); to amend the insurance law, in relation to workers' compensation rate service organizations; and to amend chapter 11 of the laws of 2008, amending the workers' compensation law, the insurance law, the volunteer ambulance workers' benefit law and the volunteer firefighters' benefit law, relating to rates for workers' compensation insurance and setting forth conditions for a workers' compensation rate service organization, in relation to the effectiveness thereof (Part AA); to amend the election law, inA. 3005--B 5 relation to early voting (Part BB); to amend the election law, in relation to political contributions (Part CC); to amend the election law, in relation to enacting the Voter Enfranchisement Modernization Act of 2017; in relation to establishing the electronic personal voter registration process and in relation to establishing an electronic registration process integrated within designated agency applications (Part DD); 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 EE); to authorize an increase in aid and incentives for municipalities' base level grants (Part FF); to amend the election law, in relation to monies received and expenditures made by a party committee or constituted committee (Part GG); to amend the public service law, in relation to creating the state office of the utility consumer advocate (Part HH); to amend the public service law, in relation to utility intervenor reimbursement; and to amend the state finance law, in relation to establishing the utility intervenor account (Part II); to amend the county law, in relation to plans for representation of persons accused of a crime or certain parties in family court or surrogate's court (Part JJ); to amend the state finance law, in relation to the cost effectiveness of consultant contracts by state agencies (Part KK); relating to prohibiting the reduction of visiting hours in correctional facilities (Part LL); to amend the county law, in relation to assignment of counsel (Part MM); to amend the state finance law, in relation to defining prior year aid (Part NN); to amend the criminal procedure law, in relation to time limits for a speedy trial (Part OO); and to amend the insurance law, in relation to charitable bail organizations (Part PP) 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 PP. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes a reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act. 12 PART A 13 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the 14 correction law relating to the psychological testing of candidates, as 15 amended by section 1 of part B of chapter 55 of the laws of 2015, is 16 amended to read as follows: 17 § 2. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law and shall remain in effect until September 1, 19 [2017] 2019. 20 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- 21 tive law and the criminal procedure law relating to expanding theA. 3005--B 6 1 geographic area of employment of certain police officers, as amended by 2 section 2 of part B of chapter 55 of the laws of 2015, is amended to 3 read as follows: 4 § 3. This act shall take effect on the first day of November next 5 succeeding the date on which it shall have become a law, and shall 6 remain in effect until the first day of September, [2017] 2019, when it 7 shall expire and be deemed repealed. 8 § 3. Section 3 of chapter 886 of the laws of 1972, amending the 9 correction law and the penal law relating to prisoner furloughs in 10 certain cases and the crime of absconding therefrom, as amended by 11 section 3 of part B of chapter 55 of the laws of 2015, is amended to 12 read as follows: 13 § 3. This act shall take effect 60 days after it shall have become a 14 law and shall remain in effect until September 1, [2017] 2019. 15 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 16 50, 53 and 54 of the laws of 1987, the correction law, the penal law and 17 other chapters and laws relating to correctional facilities, as amended 18 by section 4 of part B of chapter 55 of the laws of 2015, is amended to 19 read as follows: 20 § 20. This act shall take effect immediately except that section thir- 21 teen of this act shall expire and be of no further force or effect on 22 and after September 1, [2017] 2019 and shall not apply to persons 23 committed to the custody of the department after such date, and provided 24 further that the commissioner of corrections and community supervision 25 shall report each January first and July first during such time as the 26 earned eligibility program is in effect, to the chairmen of the senate 27 crime victims, crime and correction committee, the senate codes commit- 28 tee, the assembly correction committee, and the assembly codes commit- 29 tee, the standards in effect for earned eligibility during the prior 30 six-month period, the number of inmates subject to the provisions of 31 earned eligibility, the number who actually received certificates of 32 earned eligibility during that period of time, the number of inmates 33 with certificates who are granted parole upon their first consideration 34 for parole, the number with certificates who are denied parole upon 35 their first consideration, and the number of individuals granted and 36 denied parole who did not have earned eligibility certificates. 37 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, 38 amending the tax law and other laws relating to taxes, surcharges, fees 39 and funding, as amended by section 5 of part B of chapter 55 of the laws 40 of 2015, is amended to read as follows: 41 (q) the provisions of section two hundred eighty-four of this act 42 shall remain in effect until September 1, [2017] 2019 and be applicable 43 to all persons entering the program on or before August 31, [2017] 2019. 44 § 6. Section 10 of chapter 339 of the laws of 1972, amending the 45 correction law and the penal law relating to inmate work release, 46 furlough and leave, as amended by section 6 of part B of chapter 55 of 47 the laws of 2015, is amended to read as follows: 48 § 10. This act shall take effect 30 days after it shall have become a 49 law and shall remain in effect until September 1, [2017] 2019, and 50 provided further that the commissioner of correctional services shall 51 report each January first, and July first, to the chairman of the senate 52 crime victims, crime and correction committee, the senate codes commit- 53 tee, the assembly correction committee, and the assembly codes commit- 54 tee, the number of eligible inmates in each facility under the custody 55 and control of the commissioner who have applied for participation in 56 any program offered under the provisions of work release, furlough, orA. 3005--B 7 1 leave, and the number of such inmates who have been approved for partic- 2 ipation. 3 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994 4 relating to certain provisions which impact upon expenditure of certain 5 appropriations made by chapter 50 of the laws of 1994 enacting the state 6 operations budget, as amended by section 7 of part B of chapter 55 of 7 the laws of 2015, is amended to read as follows: 8 (c) sections forty-one and forty-two of this act shall expire Septem- 9 ber 1, [2017] 2019; provided, that the provisions of section forty-two 10 of this act shall apply to inmates entering the work release program on 11 or after such effective date; and 12 § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995, 13 amending the correction law and other laws relating to the incarceration 14 fee, as amended by section 8 of part B of chapter 55 of the laws of 15 2015, is amended to read as follows: 16 h. Section fifty-two of this act shall be deemed to have been in full 17 force and effect on and after April 1, 1995; provided, however, that the 18 provisions of section 189 of the correction law, as amended by section 19 fifty-five of this act, subdivision 5 of section 60.35 of the penal law, 20 as amended by section fifty-six of this act, and section fifty-seven of 21 this act shall expire September 1, [2017] 2019, when upon such date the 22 amendments to the correction law and penal law made by sections fifty- 23 five and fifty-six of this act shall revert to and be read as if the 24 provisions of this act had not been enacted; provided, however, that 25 sections sixty-two, sixty-three and sixty-four of this act shall be 26 deemed to have been in full force and effect on and after March 1, 1995 27 and shall be deemed repealed April 1, 1996 and upon such date the 28 provisions of subsection (e) of section 9110 of the insurance law and 29 subdivision 2 of section 89-d of the state finance law shall revert to 30 and be read as set out in law on the date immediately preceding the 31 effective date of sections sixty-two and sixty-three of this act; 32 § 9. Subdivision (c) of section 49 of subpart A of part C of chapter 33 62 of the laws of 2011 amending the correction law and the executive 34 law, relating to merging the department of correctional services and 35 division of parole into the department of corrections and community 36 supervision, as amended by section 9 of part B of chapter 55 of the laws 37 of 2015, is amended to read as follows: 38 (c) that the amendments to subdivision 9 of section 201 of the 39 correction law as added by section thirty-two of this act shall remain 40 in effect until September 1, [2017] 2019, when it shall expire and be 41 deemed repealed; 42 § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of 43 1992, amending the tax law and other laws relating to taxes, surcharges, 44 fees and funding, as amended by section 10 of part B of chapter 55 of 45 the laws of 2015, is amended to read as follows: 46 (aa) the provisions of sections three hundred eighty-two, three 47 hundred eighty-three and three hundred eighty-four of this act shall 48 expire on September 1, [2017] 2019; 49 § 11. Section 12 of chapter 907 of the laws of 1984, amending the 50 correction law, the New York city criminal court act and the executive 51 law relating to prison and jail housing and alternatives to detention 52 and incarceration programs, as amended by section 11 of part B of chap- 53 ter 55 of the laws of 2015, is amended to read as follows: 54 § 12. This act shall take effect immediately, except that the 55 provisions of sections one through ten of this act shall remain in fullA. 3005--B 8 1 force and effect until September 1, [2017] 2019 on which date those 2 provisions shall be deemed to be repealed. 3 § 12. Subdivision (p) of section 406 of chapter 166 of the laws of 4 1991, amending the tax law and other laws relating to taxes, as amended 5 by section 12 of part B of chapter 55 of the laws of 2015, is amended to 6 read as follows: 7 (p) The amendments to section 1809 of the vehicle and traffic law made 8 by sections three hundred thirty-seven and three hundred thirty-eight of 9 this act shall not apply to any offense committed prior to such effec- 10 tive date; provided, further, that section three hundred forty-one of 11 this act shall take effect immediately and shall expire November 1, 1993 12 at which time it shall be deemed repealed; sections three hundred 13 forty-five and three hundred forty-six of this act shall take effect 14 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 15 six, three hundred fifty-seven and three hundred fifty-nine of this act 16 shall take effect immediately and shall expire June 30, 1995 and shall 17 revert to and be read as if this act had not been enacted; section three 18 hundred fifty-eight of this act shall take effect immediately and shall 19 expire June 30, 1998 and shall revert to and be read as if this act had 20 not been enacted; section three hundred sixty-four through three hundred 21 sixty-seven of this act shall apply to claims filed on or after such 22 effective date; sections three hundred sixty-nine, three hundred seven- 23 ty-two, three hundred seventy-three, three hundred seventy-four, three 24 hundred seventy-five and three hundred seventy-six of this act shall 25 remain in effect until September 1, [2017] 2019, at which time they 26 shall be deemed repealed; provided, however, that the mandatory 27 surcharge provided in section three hundred seventy-four of this act 28 shall apply to parking violations occurring on or after said effective 29 date; and provided further that the amendments made to section 235 of 30 the vehicle and traffic law by section three hundred seventy-two of this 31 act, the amendments made to section 1809 of the vehicle and traffic law 32 by sections three hundred thirty-seven and three hundred thirty-eight of 33 this act and the amendments made to section 215-a of the labor law by 34 section three hundred seventy-five of this act shall expire on September 35 1, [2017] 2019 and upon such date the provisions of such subdivisions 36 and sections shall revert to and be read as if the provisions of this 37 act had not been enacted; the amendments to subdivisions 2 and 3 of 38 section 400.05 of the penal law made by sections three hundred seventy- 39 seven and three hundred seventy-eight of this act shall expire on July 40 1, 1992 and upon such date the provisions of such subdivisions shall 41 revert and shall be read as if the provisions of this act had not been 42 enacted; the state board of law examiners shall take such action as is 43 necessary to assure that all applicants for examination for admission to 44 practice as an attorney and counsellor at law shall pay the increased 45 examination fee provided for by the amendment made to section 465 of the 46 judiciary law by section three hundred eighty of this act for any exam- 47 ination given on or after the effective date of this act notwithstanding 48 that an applicant for such examination may have prepaid a lesser fee for 49 such examination as required by the provisions of such section 465 as of 50 the date prior to the effective date of this act; the provisions of 51 section 306-a of the civil practice law and rules as added by section 52 three hundred eighty-one of this act shall apply to all actions pending 53 on or commenced on or after September 1, 1991, provided, however, that 54 for the purposes of this section service of such summons made prior to 55 such date shall be deemed to have been completed on September 1, 1991; 56 the provisions of section three hundred eighty-three of this act shallA. 3005--B 9 1 apply to all money deposited in connection with a cash bail or a 2 partially secured bail bond on or after such effective date; and the 3 provisions of sections three hundred eighty-four and three hundred 4 eighty-five of this act shall apply only to jury service commenced 5 during a judicial term beginning on or after the effective date of this 6 act; provided, however, that nothing contained herein shall be deemed to 7 affect the application, qualification, expiration or repeal of any 8 provision of law amended by any section of this act and such provisions 9 shall be applied or qualified or shall expire or be deemed repealed in 10 the same manner, to the same extent and on the same date as the case may 11 be as otherwise provided by law; 12 § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as 13 amended by section 13 of part B of chapter 55 of the laws of 2015, is 14 amended to read as follows: 15 8. The provisions of this section shall only apply to offenses commit- 16 ted on or before September first, two thousand [seventeen] nineteen. 17 § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi- 18 cle and traffic law relating to the ignition interlock device program, 19 as amended by section 14 of part B of chapter 55 of the laws of 2015, is 20 amended to read as follows: 21 § 6. This act shall take effect on the first day of April next 22 succeeding the date on which it shall have become a law; provided, 23 however, that effective immediately, the addition, amendment or repeal 24 of any rule or regulation necessary for the implementation of the fore- 25 going sections of this act on their effective date is authorized and 26 directed to be made and completed on or before such effective date and 27 shall remain in full force and effect until the first day of September, 28 [2017] 2019 when upon such date the provisions of this act shall be 29 deemed repealed. 30 § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 31 laws of 1997, amending the military law and other laws relating to vari- 32 ous provisions, as amended by section 15 of part B of chapter 55 of the 33 laws of 2015, is amended to read as follows: 34 a. sections forty-three through forty-five of this act shall expire 35 and be deemed repealed on September 1, [2017] 2019; 36 § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending 37 the civil practice law and rules and the court of claims act relating to 38 prisoner litigation reform, as amended by section 16 of part B of chap- 39 ter 55 of the laws of 2015, is amended to read as follows: 40 § 4. This act shall take effect 120 days after it shall have become a 41 law and shall remain in full force and effect until September 1, [2017] 42 2019, when upon such date it shall expire. 43 § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, 44 constituting the family protection and domestic violence intervention 45 act of 1994, as amended by section 17 of part B of chapter 55 of the 46 laws of 2015, is amended to read as follows: 47 2. Subdivision 4 of section 140.10 of the criminal procedure law as 48 added by section thirty-two of this act shall take effect January 1, 49 1996 and shall expire and be deemed repealed on September 1, [2017] 50 2019. 51 § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim- 52 inal procedure law relating to the use of closed-circuit television and 53 other protective measures for certain child witnesses, as amended by 54 section 18 of part B of chapter 55 of the laws of 2015, is amended to 55 read as follows:A. 3005--B 10 1 § 5. This act shall take effect immediately and shall apply to all 2 criminal actions and proceedings commenced prior to the effective date 3 of this act but still pending on such date as well as all criminal 4 actions and proceedings commenced on or after such effective date and 5 its provisions shall expire on September 1, [2017] 2019, when upon such 6 date the provisions of this act shall be deemed repealed. 7 § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995, 8 enacting the sentencing reform act of 1995, as amended by section 19 of 9 part B of chapter 55 of the laws of 2015, is amended to read as follows: 10 d. Sections one-a through twenty, twenty-four through twenty-eight, 11 thirty through thirty-nine, forty-two and forty-four of this act shall 12 be deemed repealed on September 1, [2017] 2019; 13 § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi- 14 nal procedure law relating to electronic court appearance in certain 15 counties, as amended by section 20 of part B of chapter 55 of the laws 16 of 2015, is amended to read as follows: 17 § 2. This act shall take effect immediately, except that the 18 provisions of this act shall be deemed to have been in full force and 19 effect since July 1, 1992 and the provisions of this act shall expire 20 September 1, [2017] 2019 when upon such date the provisions of this act 21 shall be deemed repealed. 22 § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec- 23 utive law relating to enacting the interstate compact for adult offender 24 supervision, as amended by section 21 of part B of chapter 55 of the 25 laws of 2015, is amended to read as follows: 26 § 3. This act shall take effect immediately, except that section one 27 of this act shall take effect on the first of January next succeeding 28 the date on which it shall have become a law, and shall remain in effect 29 until the first of September, [2017] 2019, upon which date this act 30 shall be deemed repealed and have no further force and effect; provided 31 that section one of this act shall only take effect with respect to any 32 compacting state which has enacted an interstate compact entitled 33 "Interstate compact for adult offender supervision" and having an iden- 34 tical effect to that added by section one of this act and provided 35 further that with respect to any such compacting state, upon the effec- 36 tive date of section one of this act, section 259-m of the executive law 37 is hereby deemed REPEALED and section 259-mm of the executive law, as 38 added by section one of this act, shall take effect; and provided 39 further that with respect to any state which has not enacted an inter- 40 state compact entitled "Interstate compact for adult offender super- 41 vision" and having an identical effect to that added by section one of 42 this act, section 259-m of the executive law shall take effect and the 43 provisions of section one of this act, with respect to any such state, 44 shall have no force or effect until such time as such state shall adopt 45 an interstate compact entitled "Interstate compact for adult offender 46 supervision" and having an identical effect to that added by section one 47 of this act in which case, with respect to such state, effective imme- 48 diately, section 259-m of the executive law is deemed repealed and 49 section 259-mm of the executive law, as added by section one of this 50 act, shall take effect. 51 § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending 52 the correction law relating to limiting the closing of certain correc- 53 tional facilities, providing for the custody by the department of 54 correctional services of inmates serving definite sentences, providing 55 for custody of federal prisoners and requiring the closing of certainA. 3005--B 11 1 correctional facilities, as amended by section 22 of part B of chapter 2 55 of the laws of 2015, is amended to read as follows: 3 § 8. This act shall take effect immediately; provided, however that 4 sections five and six of this act shall expire and be deemed repealed 5 September 1, [2017] 2019. 6 § 23. Section 3 of part C of chapter 152 of the laws of 2001 amending 7 the military law relating to military funds of the organized militia, as 8 amended by section 23 of part B of chapter 55 of the laws of 2015, is 9 amended to read as follows: 10 § 3. This act shall take effect on the same date as the reversion of 11 subdivision 5 of section 183 and subdivision 1 of section 221 of the 12 military law as provided by section 76 of chapter 435 of the laws of 13 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith- 14 standing this act shall be deemed to have been in full force and effect 15 on and after July 31, 2005 and shall remain in full force and effect 16 until September 1, [2017] 2019 when upon such date this act shall 17 expire. 18 § 24. Section 5 of chapter 554 of the laws of 1986, amending the 19 correction law and the penal law relating to providing for community 20 treatment facilities and establishing the crime of absconding from the 21 community treatment facility, as amended by section 24 of part B of 22 chapter 55 of the laws of 2015, is amended to read as follows: 23 § 5. This act shall take effect immediately and shall remain in full 24 force and effect until September 1, [2017] 2019, and provided further 25 that the commissioner of correctional services shall report each January 26 first and July first during such time as this legislation is in effect, 27 to the chairmen of the senate crime victims, crime and correction 28 committee, the senate codes committee, the assembly correction commit- 29 tee, and the assembly codes committee, the number of individuals who are 30 released to community treatment facilities during the previous six-month 31 period, including the total number for each date at each facility who 32 are not residing within the facility, but who are required to report to 33 the facility on a daily or less frequent basis. 34 § 25. Section 2 of part H of chapter 503 of the laws of 2009 relating 35 to the disposition of monies recovered by county district attorneys 36 before the filing of an accusatory instrument, as amended by section 1 37 of part B of chapter 57 of the laws of 2016, is amended to read as 38 follows: 39 § 2. This act shall take effect immediately and shall remain in full 40 force and effect until March 31, [2017] 2019, when it shall expire and 41 be deemed repealed. 42 § 26. This act shall take effect immediately, provided however that 43 section twenty-five of this act shall be deemed to have been in full 44 force and effect on and after March 31, 2017. 45 PART B 46 Section 1. Section 221.05 of the penal law, as added by chapter 360 of 47 the laws of 1977, is amended to read as follows: 48 § 221.05 Unlawful possession of marihuana. 49 A person is guilty of unlawful possession of marihuana when he know- 50 ingly and unlawfully possesses marihuana. 51 Unlawful possession of marihuana is a violation punishable only by a 52 fine of not more than one hundred dollars. However, where the defendant 53 has previously been convicted of [an offense] a crime defined in this 54 article, except a crime defined in section 221.10 of this articleA. 3005--B 12 1 provided, however, that the record of such conviction does not demon- 2 strate a conviction under subdivision two of such section 221.10, or 3 article 220 of this chapter, committed within the three years immediate- 4 ly preceding such violation, it shall be punishable (a) only by a fine 5 of not more than two hundred dollars, if the defendant was previously 6 convicted of one such offense committed during such period, and (b) by a 7 fine of not more than two hundred fifty dollars or a term of imprison- 8 ment not in excess of fifteen days or both, if the defendant was previ- 9 ously convicted of two such offenses committed during such period. 10 § 2. Section 221.10 of the penal law, as amended by chapter 265 of the 11 laws of 1979 and subdivision 2 as amended by chapter 75 of the laws of 12 1995, is amended to read as follows: 13 § 221.10 Criminal possession of marihuana in the fifth degree. 14 A person is guilty of criminal possession of marihuana in the fifth 15 degree when he or she knowingly and unlawfully possesses: 16 1. marihuana in a public place, as defined in section 240.00 of this 17 chapter, and such marihuana is burning [or open to public view]; or 18 2. one or more preparations, compounds, mixtures or substances 19 containing marihuana and the preparations, compounds, mixtures or 20 substances are of an aggregate weight of more than twenty-five grams. 21 Criminal possession of marihuana in the fifth degree is a class B 22 misdemeanor. 23 § 3. Paragraph (k) of subdivision 3 of section 160.50 of the criminal 24 procedure law, as added by chapter 835 of the laws of 1977 and as relet- 25 tered by chapter 192 of the laws of 1980, is amended to read as follows: 26 (k) (i) The accusatory instrument alleged a violation of article two 27 hundred twenty or section 240.36 of the penal law, prior to the taking 28 effect of article two hundred twenty-one of the penal law, or a 29 violation of article two hundred twenty-one of the penal law; (ii) the 30 sole controlled substance involved is marijuana; and (iii) the 31 conviction was only for a violation or violations[; and (iv) at least32three years have passed since the offense occurred] of section 221.10 of 33 the penal law provided, however, that the record of such conviction does 34 not demonstrate a conviction under subdivision two of such section 35 221.10, or for a petty offense or offenses. No defendant shall be 36 required or permitted to waive eligibility for sealing pursuant to this 37 paragraph as part of a plea of guilty, sentence or any agreement related 38 to a conviction for a violation of section 221.05 or section 221.10 of 39 the penal law and any such waiver shall be deemed void and wholly unen- 40 forceable. 41 § 4. Section 160.50 of the criminal procedure law is amended by adding 42 three new subdivisions 5, 6 and 7 to read as follows: 43 5. A person convicted of a violation of section 221.10 of the penal 44 law, other than a conviction after trial of, or plea of guilty to, 45 subdivision two of such section 221.10, prior to the effective date of 46 this subdivision may upon motion apply to the court in which such termi- 47 nation occurred, upon not less than twenty days notice to the district 48 attorney, for an order granting to such person the relief set forth in 49 subdivision one of this section, and such order shall be granted unless 50 the district attorney demonstrates that the interests of justice require 51 otherwise. 52 6. (a) Notwithstanding any other provision of law except as provided 53 in paragraph (d) of subdivision one of this section and paragraph (e) of 54 subdivision four of section eight hundred thirty-seven of the executive 55 law: (i) when the division of criminal justice services conducts a 56 search of its criminal history records, maintained pursuant to subdivi-A. 3005--B 13 1 sion six of section eight hundred thirty-seven of the executive law, and 2 returns a report thereon, all references to a conviction for a violation 3 of section 221.10 of the penal law, other than a conviction after trial 4 of, or plea of guilty to, subdivision two of such section 221.10, shall 5 be excluded from such report; and (ii) the chief administrator of the 6 courts shall develop and promulgate rules as may be necessary to ensure 7 that no written or electronic report of a criminal history record search 8 conducted by the office of court administration contains information 9 relating to a conviction for a violation of section 221.10 of the penal 10 law, other than a conviction after trial of, or plea of guilty to, 11 subdivision two of such section 221.10, unless such search is conducted 12 solely for a bona fide research purpose, provided that such information, 13 if so disseminated, shall be disseminated in accordance with procedures 14 established by the chief administrator of the courts to assure the secu- 15 rity and privacy of identification and information data, which shall 16 include the execution of an agreement which protects the confidentiality 17 of the information and reasonably protects against data linkage to indi- 18 viduals. 19 (b) Nothing contained in this subdivision shall be deemed to permit or 20 require the release, disclosure or other dissemination by the division 21 of criminal justice services or the office of court administration of 22 criminal history record information that has been sealed in accordance 23 with law. 24 7. A person convicted of a violation of section 221.05 of the penal 25 law shall, on the effective date of this subdivision, have such 26 conviction immediately sealed pursuant to subdivision one of this 27 section if such conviction occurred less than three years prior to such 28 effective date. 29 § 5. This act shall take effect immediately; provided, however, that 30 sections one, three and four of this act shall take effect on the sixti- 31 eth day after it shall have become a law. 32 PART C 33 Intentionally Omitted 34 PART D 35 Section 1. Section 60.45 of the criminal procedure law is amended by 36 adding a new subdivision 3 to read as follows: 37 3. (a) When a person is subject to interrogation by a public servant 38 at a detention facility, and the public servant is aware or has reason 39 to suspect that the person interrogated committed a crime under investi- 40 gation by such public servant or a law enforcement entity associated 41 with such public servant, the entire interrogation, including the giving 42 of any required advice of the rights of the individual being questioned, 43 and the waiver of any rights by the individual, shall be recorded by an 44 appropriate video recording device, if the interrogation involves a 45 class A-1 felony or a violent felony offense as defined in section 70.02 46 of the penal law. The interrogation shall be recorded in a manner such 47 that the persons in the recording are shown and the speech is intelligi- 48 ble. Such recording may also be conducted outside of a detention facil- 49 ity. For purposes of this paragraph, the term "detention facility" 50 shall mean a police station, correctional facility, holding facility for 51 prisoners, prosecutor's office or other facility where persons are heldA. 3005--B 14 1 in detention in connection with criminal charges that have been or may 2 be filed against them. 3 (b) No confession, admission or other statement shall be subject to a 4 motion to suppress pursuant to subdivision three of section 710.20 of 5 this chapter based solely upon the failure to video record such interro- 6 gation in a detention facility as defined in paragraph (a) of this 7 subdivision. However, when the people offer into evidence against a 8 defendant a confession, admission or other statement made by a person 9 with respect to an alleged offense specified in paragraph (a) of this 10 subdivision that has not been video recorded, the court shall consider 11 the failure to record as a factor, in accordance with paragraph (c) of 12 this subdivision, in determining whether such confession, admission or 13 other statement shall be admissible. 14 (c) Notwithstanding the requirement of paragraph (a) of this subdivi- 15 sion, following a written motion of the prosecutor asserting good cause 16 pursuant to this paragraph, filed within the time periods specified in 17 section 710.30 of this chapter, and after an opportunity for a hearing, 18 upon clear and convincing proof of such good cause, the court may find 19 that such interrogation need not have been recorded. Such good cause may 20 include the following: 21 (i) The video recording equipment malfunctioned while the recording of 22 the interrogation was attempted. 23 (ii) Video recording equipment was not reasonably available because it 24 was being used to record other interrogations in accordance with this 25 section, and no such interrogation could reasonably have been delayed. 26 (iii) The statement was made in response to pedigree questions that 27 are reasonably and routinely asked during arrest processing. 28 (iv) The statement was made spontaneously by the individual and not in 29 response to questioning by a public servant. 30 (v) The statement was made during an interrogation that was conducted 31 when the interviewer was unaware and had no reason to suspect that a 32 qualifying offense may have occurred. 33 (vi) The statement was made after the individual voluntarily, and 34 without express or implied encouragement by a public servant, refused to 35 participate in the interrogation if recorded, and the circumstances of 36 the refusal were recorded or, if such a record of the refusal was 37 refused as well, reasonably contemporaneous documentation of the circum- 38 stances of the refusal was made. 39 (vii) It was the reasonable belief of the appropriate law enforcement 40 official or officials that a video recording would jeopardize the safety 41 of a specific person or persons or reveal the identity of one or more 42 specific confidential informants, and reasonably contemporaneous 43 documentation of the circumstances of such belief was made. 44 (viii) Such statement was made at a location not equipped with an 45 appropriate recording device, it was not reasonably possible, under the 46 circumstances, to bring equipment to such location or transfer the indi- 47 vidual to a detention facility for interrogation, and the reason for 48 using such location was not to subvert the intent of the law. For 49 purposes of this section, the term "location" shall include those 50 locations specified in paragraph (b) of subdivision four of section 51 305.2 of the family court act. 52 (d) In the event that an interrogation that qualified for recording 53 under paragraph (a) of this subdivision was not recorded and the court 54 determines that the non-recorded, alleged confession, admission or other 55 statement is lawfully admissible, then, upon request of the defendant, 56 the court must instruct the jury that the law generally requires record-A. 3005--B 15 1 ing under such circumstances and that the people's failure to record the 2 defendant's alleged confession, admission or other statement may be 3 considered in its deliberations, including, but not limited to, in 4 determining whether such alleged confession, admission or other state- 5 ment was voluntarily made, is accurate or truthful, or was made at all. 6 When so instructing the jury, if the court has found that good cause for 7 non-recording existed in accordance with paragraph (c) of this subdivi- 8 sion, the court, at the request of the people, shall advise the jury of 9 the factor or factors set forth in paragraph (c) of this subdivision 10 that the court found to be proved, without disclosing the court's find- 11 ing with respect thereto, and advise the jury that it may make an inde- 12 pendent determination concerning what weight, if any, to give to the 13 failure to record. 14 (e) Video recording as required by this section shall be conducted in 15 accordance with standards consistent with this subdivision established 16 in regulations by the division of criminal justice services. 17 § 2. Subdivision 8 of section 305.2 of the family court act, as 18 amended by chapter 398 of the laws of 1983, is amended and a new subdi- 19 vision 5-a is added to read as follows: 20 5-a. When at any time a child is subject to interrogation by a public 21 servant at a facility designated by the chief administrator of the 22 courts as a suitable place for the questioning of juveniles pursuant to 23 subdivision four of this section, and the public servant is aware or has 24 reason to suspect that the child interrogated committed an act that 25 would be a crime if committed by an adult and which is under investi- 26 gation by such public servant or a law enforcement entity associated 27 with such public servant, the entire interrogation, including the giving 28 of any required notice to the child as to his or her rights and his or 29 her waiver of any rights, shall be video recorded and governed in 30 accordance with the provisions of subdivision three of section 60.45 of 31 the criminal procedure law. The interrogation shall be recorded in a 32 manner such that the persons in the recording are shown and the speech 33 is intelligible. A copy of the recording shall be subject to discovery 34 pursuant to section 331.2 of this article. This subdivision shall not 35 apply to a statement made to the probation service, in accordance with 36 subdivision seven of section 308.1 of this part, except when such state- 37 ment may be admissible under such subdivision seven of section 308.1. 38 8. In determining the suitability of questioning and determining the 39 reasonable period of time for questioning such a child, the child's age, 40 the presence or absence of his or her parents or other persons legally 41 responsible for his or her care [and], notification pursuant to subdivi- 42 sion three and, where the child has been interrogated at a facility 43 designated by the chief administrator of the courts as a suitable place 44 for the questioning of juveniles, whether the interrogation was in 45 compliance with the video-recording and disclosure requirements of 46 subdivision five-a of this section shall be included among relevant 47 considerations. 48 § 3. Subdivision 3 of section 344.2 of the family court act is renum- 49 bered subdivision 4 and a new subdivision 3 is added to read as follows: 50 3. When at any time a child is subject to interrogation by a public 51 servant at a facility designated by the chief administrator of the 52 courts as a suitable place for the questioning of juveniles pursuant to 53 subdivision four of section 305.2 of this article, and the public serv- 54 ant is aware or has reason to suspect that the child interrogated 55 committed an act that would constitute a crime if committed by an adult 56 and which is under investigation by such public servant or a lawA. 3005--B 16 1 enforcement entity associated with such public servant, the entire 2 interrogation, including the giving of any required notice to the child 3 as to his or her rights and his or her waiver of any rights, shall be 4 video recorded and governed in accordance with the provisions of subdi- 5 vision three of section 60.45 of the criminal procedure law. The inter- 6 rogation shall be recorded in a manner such that the persons in the 7 recording are shown and the speech is intelligible. A copy of the 8 recording shall be subject to discovery pursuant to section 331.2 of 9 this article. This subdivision shall not apply to a statement made to 10 the probation service, in accordance with subdivision seven of section 11 308.1 of this article, except when such statement may be admissible 12 under such subdivision seven of section 308.1. 13 § 4. Section 60.25 of the criminal procedure law, subparagraph (ii) of 14 paragraph (a) of subdivision 1 as amended by chapter 479 of the laws of 15 1977, is amended to read as follows: 16 § 60.25 Rules of evidence; identification by means of previous recogni- 17 tion, in absence of present identification. 18 1. In any criminal proceeding in which the defendant's commission of 19 an offense is in issue, testimony as provided in subdivision two may be 20 given by a witness when: 21 (a) Such witness testifies that: 22 (i) He or she observed the person claimed by the people to be the 23 defendant either at the time and place of the commission of the offense 24 or upon some other occasion relevant to the case; and 25 (ii) On a subsequent occasion he or she observed, under circumstances 26 consistent with such rights as an accused person may derive under the 27 constitution of this state or of the United States, a person or, where 28 the observation is made pursuant to a blind procedure as defined in 29 paragraph (c) of this subdivision, a pictorial, photographic, electron- 30 ic, filmed or video recorded reproduction of a person whom he or she 31 recognized as the same person whom he or she had observed on the first 32 or incriminating occasion; and 33 (iii) He or she is unable at the proceeding to state, on the basis of 34 present recollection, whether or not the defendant is the person in 35 question; and 36 (b) It is established that the defendant is in fact the person whom 37 the witness observed and recognized or whose pictorial, photographic, 38 electronic, filmed or video recorded reproduction the witness observed 39 and recognized on the second occasion. Such fact may be established by 40 testimony of another person or persons to whom the witness promptly 41 declared his or her recognition on such occasion and by such pictorial, 42 photographic, electronic, filmed or video recorded reproduction. 43 (c) (i) For purposes of this section, a "blind procedure" is one in 44 which the witness identifies a person in an array of pictorial, photo- 45 graphic, electronic, filmed or video recorded reproductions under 46 circumstances that comply with the applicable provisions of section 47 60.80 of the criminal procedure law and the protocols promulgated in 48 accordance with subdivision twenty-one of section eight hundred thirty- 49 seven of the executive law and where, at the time the identification is 50 made, each public servant administering such procedure and with whom the 51 witness communicates with respect to the conducting of such procedure 52 does not know which person in the array is the suspect. 53 (ii) The failure of a public servant to follow such a procedure shall 54 result in the preclusion of testimony regarding the identification 55 procedure as evidence in chief, but shall not, in and of itself, consti- 56 tute a legal basis to suppress evidence in response to a motion madeA. 3005--B 17 1 pursuant to subdivision six of section 710.20 of this chapter. This 2 paragraph, in and of itself, neither limits nor expands subdivision six 3 of section 710.20 of this chapter. 4 2. Under circumstances prescribed in subdivision one of this section, 5 such witness may testify at the criminal proceeding that the person whom 6 he or she observed and recognized or whose pictorial, photographic, 7 electronic, filmed or video recorded reproduction he or she observed and 8 recognized on the second occasion is the same person whom he or she 9 observed on the first or incriminating occasion. Such testimony, 10 together with the evidence that the defendant is in fact the person whom 11 the witness observed and recognized or whose pictorial, photographic, 12 electronic, filmed or video recorded reproduction he or she observed and 13 recognized on the second occasion, constitutes evidence in chief. 14 § 5. Section 60.30 of the criminal procedure law, as amended by chap- 15 ter 479 of the laws of 1977, is amended to read as follows: 16 § 60.30 Rules of evidence; identification by means of previous recogni- 17 tion, in addition to present identification. 18 In any criminal proceeding in which the defendant's commission of an 19 offense is in issue, a witness who testifies that (a) he or she observed 20 the person claimed by the people to be the defendant either at the time 21 and place of the commission of the offense or upon some other occasion 22 relevant to the case, and (b) on the basis of present recollection, the 23 defendant is the person in question and (c) on a subsequent occasion he 24 or she observed the defendant, or where the observation is made pursuant 25 to a blind procedure, as defined in paragraph (c) of subdivision one of 26 section 60.25 of this article, a pictorial, photographic, electronic, 27 filmed or video recorded reproduction of the defendant, under circum- 28 stances consistent with such rights as an accused person may derive 29 under the constitution of this state or of the United States, and then 30 also recognized him or her or the pictorial, photographic, electronic, 31 filmed or video recorded reproduction of him or her as the same person 32 whom he or she had observed on the first or incriminating occasion, may, 33 in addition to making an identification of the defendant at the criminal 34 proceeding on the basis of present recollection as the person whom he or 35 she observed on the first or incriminating occasion, also describe his 36 or her previous recognition of the defendant and testify that the person 37 whom he or she observed or whose pictorial, photographic, electronic, 38 filmed or video recorded reproduction he or she observed on such second 39 occasion is the same person whom he or she had observed on the first or 40 incriminating occasion. Such testimony and such pictorial, photograph- 41 ic, electronic, filmed or video recorded reproduction constitutes 42 evidence in chief. 43 § 6. The criminal procedure law is amended by adding a new section 44 60.80 to read as follows: 45 § 60.80 Eyewitness identification procedures. 46 In any array and any live lineup identification procedure conducted by 47 a public servant, the following procedures shall be followed: 48 1. The identification procedure shall be conducted as a "blind proce- 49 dure" as defined in subparagraph (i) of paragraph (c) of subdivision one 50 of section 60.25 of this article. 51 2. Prior to any such identification procedure, the eyewitness shall be 52 instructed that: 53 (a) the perpetrator may or may not be among the persons in the iden- 54 tification procedure; 55 (b) the administrator does not know who the perpetrator is;A. 3005--B 18 1 (c) the eyewitness should not feel compelled to make an identifica- 2 tion; 3 (d) the investigation will continue whether or not an identification 4 is made; and 5 (e) the procedure requires the administrator to ask and then document 6 a statement, made in the witness's own words, of the witness's level of 7 confidence in the accuracy of any identification. 8 3. (a) Unless impracticable, the photograph of the suspect used in a 9 photo array shall be contemporary and resemble the suspect's appearance 10 at the time of the offense. When such is impracticable, the investigator 11 shall document, in reasonably contemporaneous written form, the reasons 12 therefor. 13 (b) In a photo array, there shall be no characteristics of the photo- 14 graphs themselves or the background on which they are placed that would 15 make any photograph stand out. 16 (c) A photo array or live lineup shall be composed so that the fillers 17 generally resemble the eyewitness's description of the perpetrator, 18 while ensuring that the suspect does not stand out from the fillers. 19 (d) If there are multiple eyewitnesses, each eyewitness shall view the 20 photo array or live lineup separately, the suspect shall be placed in a 21 different position in the live lineup and/or photo array for each 22 eyewitness, and the eyewitnesses shall not be permitted to communicate 23 with each other until all of the identification procedures have been 24 completed. 25 4. (a) Nothing shall be said to an eyewitness that might influence his 26 or her identification of any particular person in the live lineup or 27 photo array. 28 (b) If the eyewitness identifies a person as the perpetrator, the 29 eyewitness shall not be provided any information concerning such person 30 before the administrator obtains the eyewitness's confidence statement 31 about the selection. 32 5. (a) A record of the identification procedure shall be made that 33 includes all identification and non-identification results obtained 34 during the identification procedures. 35 (b) (i) A video recording shall be made of the entire identification 36 procedure, including but not limited to the setting up of the procedure 37 and the instructions and statements of witnesses and the statement or 38 statements made in compliance with paragraph (e) of subdivision two of 39 this section. 40 (ii) Notwithstanding the requirements of subparagraph (i) of this 41 paragraph, following a written motion of the prosecutor, and after an 42 opportunity for a hearing, the court may find that a video recording was 43 not required if the people show by clear and convincing evidence that 44 (A) the video recording equipment malfunctioned while the recording of 45 the identification procedure was attempted; (B) video recording equip- 46 ment was not reasonably available because it was being used to record 47 other identification procedures in accordance with this section, and no 48 such identification procedure could reasonably have been delayed; or (C) 49 such identification procedure was made at a location not equipped with 50 an appropriate recording device, it was not reasonably possible, under 51 the circumstances, to bring equipment to such location or move the 52 procedure to a location at which appropriate video recording was avail- 53 able, and the reason for using the location was not to subvert the 54 intent of the law.A. 3005--B 19 1 (iii) Video recording, as required by this paragraph, shall be 2 conducted in accordance with standards consistent with this paragraph 3 established in regulations by the division of criminal justice services. 4 6. The following definitions shall apply to this section: 5 (a) "Blind" means at the time the identification is made, each public 6 servant administering the identification procedure and with whom the 7 witness communicates does not know which person in the array is the 8 suspect. 9 (b) "Eyewitness" or "witness" means a person who observes another 10 person at or near the scene of an offense or upon some other occasion 11 relevant to the investigation or case. 12 (c) "Filler" means either a person or a photograph of a person who is 13 not suspected of the offense under investigation and is included in an 14 identification procedure. 15 (d) "Identification procedure" means a live lineup or a photo array. 16 (e) "Live lineup" means an identification procedure in which a group 17 of persons, including the suspected perpetrator of an offense and other 18 persons not suspected of the offense, is displayed to an eyewitness for 19 the purpose of determining whether the eyewitness identifies the suspect 20 as the perpetrator. 21 (f) "Array" means any photographic array. 22 (g) "Photographic array" or "photo array" means an identification 23 procedure in which an array of photographs, including a photograph of 24 the suspected perpetrator of an offense and other persons not suspected 25 of the offense, is displayed to an eyewitness either in hard copy form 26 or via computer for the purpose of determining whether the eyewitness 27 identifies the suspect as the perpetrator. 28 § 7. Subdivision 6 of section 710.20 of the criminal procedure law, as 29 amended by chapter 8 of the laws of 1976 and as renumbered by chapter 30 481 of the laws of 1983, is amended to read as follows: 31 6. Consists of potential testimony regarding an observation of the 32 defendant either at the time or place of the commission of the offense 33 or upon some other occasion relevant to the case, which potential testi- 34 mony would not be admissible upon the prospective trial of such charge 35 owing to an improperly made previous identification of the defendant or 36 identification of a pictorial, photographic, electronic, filmed or video 37 recorded reproduction of the defendant by the prospective witness. A 38 claim that such previous identification of the defendant or identifica- 39 tion of a pictorial, photographic, electronic, filmed or video recorded 40 reproduction of the defendant by a prospective witness did not comply 41 with paragraph (c) of subdivision one of section 60.25 or section 60.80 42 of this chapter or with the protocols promulgated in accordance with 43 subdivision twenty-one of section eight hundred thirty-seven of the 44 executive law shall not, in and of itself, constitute a legal basis to 45 suppress evidence in response to a motion made pursuant to this subdivi- 46 sion. 47 § 8. Subdivision 1 of section 710.30 of the criminal procedure law, as 48 separately amended by chapters 8 and 194 of the laws of 1976, is amended 49 to read as follows: 50 1. Whenever the people intend to offer at a trial (a) evidence of a 51 statement made by a defendant to a public servant, which statement if 52 involuntarily made would render the evidence thereof suppressible upon 53 motion pursuant to subdivision three of section 710.20 of this article, 54 or (b) testimony regarding an observation of the defendant either at the 55 time or place of the commission of the offense or upon some other occa- 56 sion relevant to the case, to be given by a witness who has previouslyA. 3005--B 20 1 identified him or her or a pictorial, photographic, electronic, filmed 2 or video recorded reproduction of him or her as such, they must serve 3 upon the defendant a notice of such intention, specifying the evidence 4 intended to be offered. 5 § 9. Section 343.3 of the family court act, as added by chapter 920 of 6 the laws of 1982, is amended to read as follows: 7 § 343.3. Rules of evidence; identification by means of previous recog- 8 nition in absence of present identification. 1. In any juvenile delin- 9 quency proceeding in which the respondent's commission of a crime is in 10 issue, testimony as provided in subdivision two may be given by a 11 witness when: 12 (a) such witness testifies that: 13 (i) he or she observed the person claimed by the presentment agency to 14 be the respondent either at the time and place of the commission of the 15 crime or upon some other occasion relevant to the case; and 16 (ii) on a subsequent occasion he or she observed, under circumstances 17 consistent with such rights as an accused person may derive under the 18 constitution of this state or of the United States, a person, or, where 19 the observation is made pursuant to a blind procedure as defined in 20 paragraph (c) of this subdivision, a pictorial, photographic, electron- 21 ic, filmed or video recorded reproduction of a person whom he or she 22 recognized as the same person whom he or she had observed on the first 23 incriminating occasion; and 24 (iii) he or she is unable at the proceeding to state, on the basis of 25 present recollection, whether or not the respondent is the person in 26 question; and 27 (b) it is established that the respondent is in fact the person whom 28 the witness observed and recognized or whose pictorial, photographic, 29 electronic, filmed or video recorded reproduction the witness observed 30 and recognized on the second occasion. Such fact may be established by 31 testimony of another person or persons to whom the witness promptly 32 declared his or her recognition on such occasion and by such pictorial, 33 photographic, electronic, filmed or video recorded reproduction. 34 (c) (i) For purposes of this section, a "blind procedure" is one in 35 which the witness identifies a person in an array of pictorial, photo- 36 graphic, electronic, filmed or video recorded reproductions under 37 circumstances that comply with the applicable provisions of section 38 60.80 of the criminal procedure law and the protocols promulgated in 39 accordance with subdivision twenty-one of section eight hundred thirty- 40 seven of the executive law and where, at the time the identification is 41 made, each public servant administering such procedure and with whom the 42 witness communicates with respect to the conducting of such procedure 43 does not know which person in the array is the suspect. 44 (ii) The failure of a public servant to follow such a procedure shall 45 result in the preclusion of testimony regarding the identification 46 procedure as evidence in chief, but shall not, in of of itself, consti- 47 tute a legal basis to suppress evidence made pursuant to subdivision six 48 of section 710.20 of the criminal procedure law. This paragraph, in and 49 of itself, neither limits nor expands subdivision six of section 710.20 50 of the criminal procedure law. 51 2. Under circumstances prescribed in subdivision one of this section, 52 such witness may testify at the proceeding that the person whom he or 53 she observed and recognized or whose pictorial, photographic, electron- 54 ic, filmed or video recorded reproduction he or she observed and recog- 55 nized on the second occasion is the same person whom he or she observed 56 on the first or incriminating occasion. Such testimony, together withA. 3005--B 21 1 the evidence that the respondent is in fact the person whom the witness 2 observed and recognized or whose pictorial, photographic, electronic, 3 filmed or video recorded reproduction he or she observed and recognized 4 on the second occasion, constitutes evidence in chief. 5 § 10. Section 343.4 of the family court act, as added by chapter 920 6 of the laws of 1982, is amended to read as follows: 7 § 343.4. Rules of evidence; identification by means of previous recog- 8 nition, in addition to present identification. In any juvenile delin- 9 quency proceeding in which the respondent's commission of a crime is in 10 issue, a witness who testifies that: (a) he or she observed the person 11 claimed by the presentment agency to be the respondent either at the 12 time and place of the commission of the crime or upon some other occa- 13 sion relevant to the case, and (b) on the basis of present recollection, 14 the respondent is the person in question, and (c) on a subsequent occa- 15 sion he or she observed the respondent, or, where the observation is 16 made pursuant to a blind procedure, a pictorial, photographic, electron- 17 ic, filmed or video recorded reproduction of the respondent under 18 circumstances consistent with such rights as an accused person may 19 derive under the constitution of this state or of the United States, and 20 then also recognized him or her or the pictorial, photographic, elec- 21 tronic, filmed or video recorded reproduction of him or her as the same 22 person whom he or she had observed on the first or incriminating occa- 23 sion, may, in addition to making an identification of the respondent at 24 the delinquency proceeding on the basis of present recollection as the 25 person whom he or she observed on the first or incriminating occasion, 26 also describe his or her previous recognition of the respondent and 27 testify that the person whom he or she observed or whose pictorial, 28 photographic, electronic, filmed or video recorded reproduction he or 29 she observed on such second occasion is the same person whom he or she 30 had observed on the first or incriminating occasion. Such testimony and 31 such pictorial, photographic, electronic, filmed or video recorded 32 reproduction constitutes evidence in chief. For purposes of this 33 section, a "blind procedure" shall be as defined in subparagraph (i) of 34 paragraph (c) of subdivision one of section 343.3 of this part. 35 § 11. Section 837 of the executive law is amended by adding a new 36 subdivision 21 to read as follows: 37 21. Promulgate by regulation a standardized and detailed written 38 protocol that is grounded in evidence-based principles for the adminis- 39 tration of photographic array and live lineup identification procedures 40 for police agencies and standardized forms for use by such agencies in 41 the reporting and recording of such identification procedure. Such 42 protocol shall be consistent in all respects with section 60.80 of the 43 criminal procedure law. 44 § 12. Subdivision 4 of section 840 of the executive law is amended by 45 adding a new paragraph (c) to read as follows: 46 (c) Disseminate the written policies and procedures promulgated in 47 accordance with section 60.80 of the criminal procedure law and subdivi- 48 sion twenty-one of section eight hundred thirty-seven of this article to 49 all police departments and law enforcement agencies in this state and 50 implement a training program for all current and new police officers and 51 for relevant law enforcement officials regarding the policies and proce- 52 dures established pursuant to section 60.80 of the criminal procedure 53 law and subdivision twenty-one of section eight hundred thirty-seven of 54 this article. 55 § 13. Section 722-e of the county law, as added by chapter 878 of the 56 laws of 1965, is amended to read as follows:A. 3005--B 22 1 § 722-e. Expenses. All expenses for providing counsel and services 2 other than counsel hereunder shall be a county charge or in the case of 3 a county wholly located within a city a city charge to be paid out of an 4 appropriation for such purposes. Such expenses for the provision of 5 counsel and services, in cases of persons charged with a crime or 6 offense, shall be reimbursed by the state from the indigent legal 7 services fund established by section ninety-eight-b of the state finance 8 law to the county or city providing such counsel and services according 9 to the reimbursement rate pursuant to subdivisions (a) through (g) of 10 this section. For the state fiscal year beginning: 11 (a) on April first, two thousand eighteen, the state shall provide 12 reimbursement for not less than twenty-five percent of such expenses: 13 (b) on April first, two thousand nineteen, the state shall provide 14 reimbursement for not less than thirty-five percent of such expenses; 15 (c) on April first, two thousand twenty, the state shall provide 16 reimbursement for not less than forty-five percent of such expenses; 17 (d) on April first, two thousand twenty-one, the state shall provide 18 reimbursement for not less than fifty-five percent of such expenses, 19 (e) on April first, two thousand twenty-two, the state shall provide 20 reimbursement for not less than sixty-five percent of such expenses; 21 (f) on April first, two thousand twenty-three, the state shall provide 22 reimbursement for not less than seventy-five percent of such expenses; 23 and 24 (g) every year thereafter, the state shall provide reimbursement for 25 the full amount of such expenses. 26 Provided, however, that any such expenses incurred for the provision 27 of counsel and services as a result of the implementation of a plan 28 established pursuant to subdivision four of section eight hundred thir- 29 ty-two of the executive law, including any interim steps taken to imple- 30 ment such plan, shall be fully reimbursed by the state from the indigent 31 legal services fund to the county or city providing such services. The 32 state shall appropriate funds sufficient to provide for the reimburse- 33 ment required by this section. 34 § 14. Section 832 of the executive law is amended by adding a new 35 subdivision 4 to read as follows: 36 4. Additional duties and responsibilities. The office shall, in 37 consultation with the indigent legal services board established pursuant 38 to section eight hundred thirty-three of this article, have the follow- 39 ing duties and responsibilities: 40 (a) Counsel at arraignment. Develop and implement a written plan to 41 ensure that each criminal defendant who is eligible for publicly funded 42 legal representation is represented by counsel in person at his or her 43 arraignment; provided, however, that a timely arraignment with counsel 44 shall not be delayed pending a determination of a defendant's eligibil- 45 ity. 46 (i) For the purposes of the plan developed pursuant to this subdivi- 47 sion, the term "arraignment" shall mean the first appearance by a person 48 charged with a crime before a judge or magistrate, with the exception of 49 an appearance where no prosecutor appears and no action occurs other 50 than the adjournment of the criminal process and the unconditional 51 release of the person charged (in which event "arraignment" shall mean 52 the person's next appearance before a judge or magistrate). 53 (ii) The written plan developed pursuant to this subdivision shall be 54 completed by December first, two thousand seventeen and shall include 55 interim steps for each county and the city of New York for achieving 56 compliance with the plan.A. 3005--B 23 1 (iii) Each county and the city of New York shall, in consultation with 2 the office, undertake good faith efforts to implement the plan and such 3 plan shall be fully implemented and adhered to in each county and the 4 city of New York by April first, two thousand twenty-three. Pursuant to 5 section seven hundred twenty-two-e of the county law, the state shall 6 reimburse each county and the city of New York for any costs incurred as 7 a result of implementing such plan. 8 (iv) The office shall, on an ongoing basis, monitor and periodically 9 report on the implementation of, and compliance with, the plan in each 10 county and the city of New York. 11 (b) Caseload relief. Develop and implement a written plan that estab- 12 lishes numerical caseload/workload standards for each provider of 13 constitutionally mandated publicly funded representation in criminal 14 cases for people who are unable to afford counsel. 15 (i) Such standards shall apply to all providers whether public defen- 16 der, legal aid society, assigned counsel program or conflict defender in 17 each county and the city of New York. 18 (ii) The written plan developed pursuant to this subdivision shall be 19 completed by December first, two thousand seventeen and shall include 20 interim steps for each county and the city of New York for achieving 21 compliance with the plan. Such plan shall include the number of attor- 22 neys, investigators and other non-attorney staff and the amount of 23 in-kind resources necessary for each provider of mandated representation 24 to implement such plan. 25 (iii) Each county and the city of New York shall, in consultation 26 with the office, undertake good faith efforts to implement the 27 caseload/workload standards and such standards shall be fully imple- 28 mented and adhered to in each county and the city of New York by April 29 first, two thousand twenty-three. Pursuant to section seven hundred 30 twenty-two-e of the county law, the state shall reimburse each county 31 and the city of New York for any costs incurred as a result of imple- 32 menting such plan. 33 (iv) The office shall, on an ongoing basis, monitor and periodically 34 report on the implementation of, and compliance with, the plan in each 35 county and the city of New York. 36 (c) Initiatives to improve the quality of indigent defense. (i) Devel- 37 op and implement a written plan to improve the quality of constitu- 38 tionally mandated publicly funded representation in criminal cases for 39 people who are unable to afford counsel and ensure that attorneys 40 providing such representation: (A) receive effective supervision and 41 training; (B) have access to and appropriately utilize investigators, 42 interpreters and expert witnesses on behalf of clients; (C) communicate 43 effectively with their clients; (D) have the necessary qualifications 44 and experience; and (E) in the case of assigned counsel attorneys, are 45 assigned to cases in accordance with article eighteen-b of the county 46 law and in a manner that accounts for the attorney's level of experience 47 and caseload/workload. 48 (ii) The written plan developed pursuant to this subdivision shall be 49 completed by December first, two thousand seventeen and shall include 50 interim steps for each county and the city of New York for achieving 51 compliance with the plan. 52 (iii) Each county and the city of New York shall, in consultation with 53 the office, undertake good faith efforts to implement the initiatives to 54 improve the quality of indigent defense and such initiatives shall be 55 fully implemented and adhered to in each county and the city of New York 56 by April first, two thousand twenty-three. Pursuant to section sevenA. 3005--B 24 1 hundred twenty-two-e of the county law, the state shall reimburse each 2 county and the city of New York for any costs incurred as a result of 3 implementing such plan. 4 (iv) The office shall, on an ongoing basis, monitor and periodically 5 report on the implementation of, and compliance with, the plan in each 6 county and the city of New York. 7 (d) Appropriation of funds. In no event shall a county and a city of 8 New York be obligated to undertake any steps to implement the written 9 plans under paragraphs (a), (b) and (c) of this subdivision until funds 10 have been appropriated by the state for such purpose. 11 § 15. Nothing in sections thirteen or fourteen of this act is intended 12 to nor shall diminish the obligations of the defendants or to diminish 13 the rights of the plaintiffs arising out of the "stipulation and order 14 of settlement" in Hurrell-Herring, et al., v. the State of New York, 15 Albany County Supreme Court Index # 8866-07, entered by the court on or 16 about March 11, 2015. 17 § 16. Subdivision 3 of section 98-b of the state finance law, as 18 amended by section 2 of part E of chapter 56 of the laws of 2010, is 19 amended to read as follows: 20 3. Amounts distributed from such fund shall be limited to amounts 21 appropriated therefor and shall be distributed as follows: 22 (a) The office of court administration may expend a portion of the 23 funds available in such fund to provide assigned counsel paid in accord- 24 ance with section thirty-five of the judiciary law, up to an annual sum 25 of twenty-five million dollars. 26 (b) [An] In addition to the amounts paid to each county and the city 27 of New York pursuant to section seven hundred twenty-two-e of the county 28 law and in accordance with sections eight hundred thirty-two and eight 29 hundred thirty-three of the executive law an annual amount [of forty30million dollars shall be made available to the city of New York from31such fund for the provision of services pursuant to article eighteen-B32of the county law; provided that the city of New York shall continue to33provide at minimum the aggregate amount of funding for public defense34services including, but not limited to, the amount of funding for35contractors of public defense services and individual defense attorneys,36that it provided, pursuant to article eighteen-B of the county law37during its two thousand nine--two thousand ten fiscal year] shall be 38 paid to such counties and city equal to the amount paid from such fund 39 to such counties and city in March two thousand ten. 40 (c) [Within the first fifteen days of March two thousand eleven, each41county other than a county wholly contained within the city of New York,42shall receive ninety percent of the amount paid to such county in March43two thousand ten. Within the first fifteen days of March two thousand44twelve, each county other than a county wholly contained within the city45of New York shall receive seventy-five percent of the amount paid to46such county in March two thousand ten. Within the first fifteen days of47March two thousand thirteen, each county other than a county wholly48contained within the city of New York shall receive fifty percent of the49amount paid to such county in March two thousand ten. Within the first50fifteen days of March two thousand fourteen, each county other than a51county wholly contained within the city of New York shall receive twen-52ty-five percent of the amount paid to such county in March two thousand53ten. For all state fiscal years following the two thousand thirteen--two54thousand fourteen fiscal year, there shall be no required annual55payments pursuant to this paragraph. Notwithstanding the provisions of56this paragraph, for each of the four required payments made to countiesA. 3005--B 25 1within the first fifteen days of March two thousand eleven, two thousand2twelve, two thousand thirteen and two thousand fourteen, Hamilton and3Orleans counties shall receive such percentage payments based on the4amounts that each county would have received in March two thousand ten5had it satisfied the maintenance of effort requirement set forth in6paragraph (c) of subdivision four of this section in effect on such7date.8(d)] Remaining amounts within such fund, after accounting for annual 9 payments required in paragraphs (a)[,] and (b) [and (c)] of this subdi- 10 vision and subparagraph (iii) of paragraph (a) of subdivision two of 11 this section shall be distributed in accordance with sections eight 12 hundred thirty-two and eight hundred thirty-three of the executive law. 13 § 17. Section 14 of part J of chapter 62 of the laws of 2003 amending 14 the county law and other laws relating to fees collected, as amended by 15 section 7 of part K of chapter 56 of the laws of 2010, is amended to 16 read as follows: 17 § 14. Notwithstanding the provisions of any other law: (a) the fee 18 collected by the office of court administration for the provision of 19 criminal history searches and other searches for data kept electron- 20 ically by the unified court system shall be [sixty-five] one hundred 21 dollars provided, however, that where a person requests a copy of his or 22 her own criminal history record, the office of court administration may, 23 pursuant to a policy established in writing by the chief administrative 24 judge, waive or reduce the fee required by this section when such person 25 demonstrates financial hardship; (b) [thirty-five] fifty dollars of each 26 such fee collected shall be deposited in the indigent legal services 27 fund established by section 98-b of the state finance law, as added by 28 section twelve of this act, (c) nine dollars of each such fee collected 29 shall be deposited in the legal services assistance fund established by 30 section 98-c of the state finance law, as added by section nineteen of 31 this act, (d) sixteen dollars of each such fee collected shall be depos- 32 ited to the judiciary data processing offset fund established by section 33 94-b of the state finance law, and (e) the remainder shall be deposited 34 in the general fund. 35 § 18. Subdivision 4 of section 468-a of the judiciary law, as amended 36 by section 9 of part K of chapter 56 of the laws of 2010, is amended to 37 read as follows: 38 4. The biennial registration fee shall be [three] four hundred [seven-39ty-five] twenty-five dollars, sixty dollars of which shall be allocated 40 to and be deposited in a fund established pursuant to the provisions of 41 section ninety-seven-t of the state finance law, [fifty] one hundred 42 dollars of which shall be allocated to and shall be deposited in a fund 43 established pursuant to the provisions of section ninety-eight-b of the 44 state finance law, twenty-five dollars of which shall be allocated to be 45 deposited in a fund established pursuant to the provisions of section 46 ninety-eight-c of the state finance law, and the remainder of which 47 shall be deposited in the attorney licensing fund. Such fee shall be 48 required of every attorney who is admitted and licensed to practice law 49 in this state, whether or not the attorney is engaged in the practice of 50 law in this state or elsewhere, except attorneys who certify to the 51 chief administrator of the courts that they have retired from the prac- 52 tice of law. 53 § 19. This act shall take effect immediately; provided, however, that 54 sections one through twelve of this act shall take effect on the nineti- 55 eth day after it shall have become a law.A. 3005--B 26 1 PART E 2 Section 1. Subdivision 2 of section 112 of the correction law, as 3 amended by section 19 of subpart A of part C of chapter 62 of the laws 4 of 2011, is amended to read as follows: 5 2. The commissioner shall have the power and duty of determining the 6 conditions of release of persons who may be presumptively released, 7 conditionally released or subject to a period of post-release super- 8 vision under an indeterminate or determinate sentence of imprisonment, 9 other than persons who have been granted parole by the board of parole 10 pursuant to subdivision two of section two hundred fifty-nine-i of the 11 executive law, and shall have the management and control of persons 12 released on community supervision and of all matters relating to such 13 persons' effective reentry into the community, as well as all contracts 14 and fiscal concerns thereof. The commissioner shall have the power and 15 it shall be his or her duty to inquire into all matters connected with 16 said community supervision. The commissioner shall make such rules and 17 regulations, not in conflict with the statutes of this state, for the 18 governance of the officers and other employees of the department 19 assigned to said community supervision, and in regard to the duties to 20 be performed by them, as he or she deems proper and shall cause such 21 rules and regulations to be furnished to each employee assigned to 22 perform community supervision. The commissioner shall also prescribe a 23 system of accounts and records to be kept, which shall be uniform. The 24 commissioner shall also make rules and regulations for a record of 25 photographs and other means of identifying each inmate released to 26 community supervision. The commissioner shall appoint officers and other 27 employees of the department who are assigned to perform community super- 28 vision. 29 § 2. Subdivision 1 of section 206 of the correction law, as added by 30 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 31 amended to read as follows: 32 1. All requests for presumptive release or conditional release shall 33 be made in writing on forms prescribed and furnished by the department. 34 Within one month from the date any such application is received, if it 35 appears that the applicant is eligible for presumptive release or condi- 36 tional release or will be eligible for such release during such month, 37 the conditions of release shall be fixed in accordance with rules 38 prescribed by the [board of parole] commissioner. Such conditions shall 39 be substantially the same as conditions imposed upon parolees. 40 § 3. Subdivision 3 of section 70.45 of the penal law, as added by 41 chapter 1 of the laws of 1998, is amended to read as follows: 42 3. Conditions of post-release supervision. [The] For persons who have 43 been granted parole by the board of parole pursuant to subdivision two 44 of section two hundred fifty-nine-i of the executive law, such board [of45parole] shall establish and impose conditions of post-release super- 46 vision in the same manner and to the same extent as it may establish and 47 impose conditions in accordance with the executive law upon persons who 48 are granted parole [or conditional release]; for all other persons 49 released to post-release supervision said conditions shall be estab- 50 lished and imposed by the commissioner of corrections and community 51 supervision; provided that, notwithstanding any other provision of law, 52 the board of parole or the commissioner, as the case may be, may impose 53 as a condition of post-release supervision that for a period not exceed- 54 ing six months immediately following release from the underlying term of 55 imprisonment the person be transferred to and participate in theA. 3005--B 27 1 programs of a residential treatment facility as that term is defined in 2 subdivision six of section two of the correction law. [Upon release from3the underlying term of imprisonment, the person] All individuals 4 released to post-release supervision shall be furnished with a written 5 statement setting forth the conditions of [post-release supervision] 6 release in sufficient detail to provide for the person's conduct and 7 supervision. 8 § 4. Subdivision 6 of section 410.91 of the criminal procedure law, as 9 amended by section 76 of subpart B of part C of chapter 62 of the laws 10 of 2011, is amended to read as follows: 11 6. Upon delivery of the defendant to the reception center, he or she 12 shall be given a copy of the conditions of parole by a representative of 13 the department of corrections and community supervision and shall 14 acknowledge receipt of a copy of the conditions in writing. The condi- 15 tions shall be established by the commissioner of corrections and commu- 16 nity supervision in accordance with [article twelve-B] section one 17 hundred twelve of the [executive] correction law [and the rules and18regulations of the board of parole]. Thereafter and while the parolee 19 is participating in the intensive drug treatment program provided at the 20 drug treatment campus, the department of corrections and community 21 supervision shall assess the parolee's special needs and shall develop 22 an intensive program of parole supervision that will address the 23 parolee's substance abuse history and which shall include periodic 24 urinalysis testing. Unless inappropriate, such program shall include the 25 provision of treatment services by a community-based substance abuse 26 service provider which has a contract with the department of corrections 27 and community supervision. 28 § 5. Subdivision 2 of section 259-c of the executive law, as amended 29 by section 38-b of subpart A of part C of chapter 62 of the laws of 30 2011, is amended to read as follows: 31 2. have the power and duty of determining the conditions of release of 32 the person who [may be presumptively released, conditionally released or33subject to a period of post-release supervision] has been granted parole 34 pursuant to subdivision two of section two hundred fifty-nine-i of this 35 article under an indeterminate or determinate sentence of imprisonment; 36 § 6. Paragraph (b) of subdivision 5 of section 70.45 of the penal law, 37 as amended by section 127-j of subpart B of part C of chapter 62 of the 38 laws of 2011, is amended to read as follows: 39 (b) Upon the completion of the period of post-release supervision, the 40 running of such sentence or sentences of imprisonment shall resume and 41 only then shall the remaining portion of any maximum or aggregate maxi- 42 mum term previously held in abeyance be credited with and diminished by 43 such period of post-release supervision. In the event such period of 44 post-release supervision is reduced pursuant to subdivision six of this 45 section, the remaining portion of any maximum or aggregate maximum term 46 previously held in abeyance shall be credited with and diminished by 47 such reduced period of post-release supervision. The person shall then 48 be under the jurisdiction of the department of corrections and community 49 supervision for the remaining portion of such maximum or aggregate maxi- 50 mum term. 51 § 7. Section 70.45 of the penal law is amended by adding a new subdi- 52 vision 6 to read as follows: 53 6. Earned reduction of community supervision. (a) (i) After a period 54 of community supervision has commenced pursuant to paragraph (a) of 55 subdivision five of this section or section 70.40 of this article, such 56 period shall be reduced by three months upon the completion of eachA. 3005--B 28 1 uninterrupted six-month period of community supervision served thereaft- 2 er, provided: 3 (A) the person is not subject to any sentence with a maximum term of 4 life imprisonment, or any sentence imposed for an offense defined in 5 article one hundred thirty, two hundred sixty-three, four hundred eight- 6 y-five or four hundred ninety of this title, or an attempt or a conspir- 7 acy to commit any such offense; and 8 (B) the person is at liberty during the entire six-month period; and 9 (C) the person is not declared delinquent by the department of 10 corrections and community supervision as of a date within said six-month 11 period. 12 (ii) Notwithstanding the provisions of clauses (B) and (C) of subpara- 13 graph (i) of this paragraph, in the case of a person alleged to have 14 violated community supervision pursuant to subdivision three of section 15 two hundred fifty-nine-i of the executive law, where such violation 16 charge or charges are not sustained, the period of such person's 17 detention awaiting disposition of such violation charge (and no other 18 charge or charges) shall be restored to an uninterrupted period of 19 community supervision, for purposes of this section, unless, after 20 notice to such person and an opportunity to be heard, the department of 21 corrections and community supervision determines that one or more 22 sustained violations of disciplinary rules during such period of 23 detention justifies denial of such restoration. 24 (b) No reduction shall be granted pursuant to this subdivision for the 25 six months immediately preceding the completion of a period of community 26 supervision. 27 (c) Except as provided in paragraph (a) of this subdivision, the six- 28 month period shall not commence or continue to run while the person is 29 in custody for any reason; no reduction shall be granted for the period 30 between the commencement of the six-month period and the date on which 31 the person was taken into custody if such period was less than six 32 months and, in such case, the next six-month period shall not commence 33 until the person's next release from custody. 34 (d) Except as provided in paragraph (a) of this subdivision, a decla- 35 ration of delinquency shall interrupt the running of the six-month peri- 36 od retroactively as of the date of delinquency; no reduction shall be 37 granted for the period between the commencement of the six-month period 38 and the date of delinquency if such period was less than six months and, 39 in such case, the next six-month period shall not commence until the 40 person's next release from custody. 41 (e) When a person is subject to more than one period of community 42 supervision, the reduction authorized in this subdivision shall be 43 applied to every period of community supervision to which the person is 44 subject at the commencement of the six-month period. In the event a 45 person becomes subject to an additional period of community supervision 46 after the six-month period of a previously imposed period of community 47 supervision has commenced, the six-month period of the additional period 48 of community supervision shall commence as provided in paragraph (a) of 49 this subdivision. 50 (f) The reduction applied to a period of community supervision pursu- 51 ant to this subdivision shall not be applied to any other period of 52 community supervision, except as provided in subdivision five of section 53 70.30 of this article. 54 § 8. Paragraph (c) of subdivision 1 of section 803-b of the correction 55 law, as amended by chapter 412 of the laws of 2010, is amended to read 56 as follows:A. 3005--B 29 1 (c) "significant programmatic accomplishment" means that the inmate: 2 (i) participates in no less than two years of college programming; or 3 (ii) obtains [a masters of professional studies degree] sixty college 4 semester credits, an associate's degree, bachelor's degree, or master's 5 degree; or 6 (iii) successfully participates as an inmate program associate for no 7 less than two years; or 8 (iv) receives a certification from the state department of labor for 9 his or her successful participation in an apprenticeship program; or 10 (v) successfully works as an inmate hospice aid for a period of no 11 less than two years; or 12 (vi) successfully works in the division of correctional industries' 13 optical program for no less than two years and receives a certification 14 as an optician from the American board of opticianry; or 15 (vii) receives an asbestos handling certificate from the department of 16 labor upon successful completion of the training program and then works 17 in the division of correctional industries' asbestos abatement program 18 as a hazardous materials removal worker or group leader for no less than 19 eighteen months; or 20 (viii) successfully completes the course curriculum and passes the 21 minimum competency screening process performance examination for sign 22 language interpreter, and then works as a sign language interpreter for 23 deaf inmates for no less than one year; or 24 (ix) successfully works in the puppies behind bars program for a peri- 25 od of no less than two years; or 26 (x) successfully participates in a vocational culinary arts program 27 for a period of no less than two years and earns a certificate that is 28 recognized by the national restaurant association; or 29 (xi) successfully completes the four hundred ninety hour training 30 program while assigned to a department of motor vehicles call center, 31 and continues to work at such call center for an additional twenty-one 32 months. 33 § 9. Subdivision 4 of section 70.00 of the penal law, as amended by 34 chapter 738 of the laws of 2004, is amended to read as follows: 35 4. Alternative definite sentence for class C, D and E felonies. When a 36 person, other than a second or persistent felony offender, is sentenced 37 for a class C, D or [class] E felony, and the court, having regard to 38 the nature and circumstances of the crime and to the history and charac- 39 ter of the defendant, is of the opinion that a sentence of imprisonment 40 is necessary but that it would be unduly harsh to impose an indetermi- 41 nate or a determinate sentence, the court may impose a definite sentence 42 of imprisonment and fix a term of one year or less. 43 § 10. Subdivision 2 of section 70.06 of the penal law, as amended by 44 section 38 of chapter 7 of the laws of 2007, is amended and a new subdi- 45 vision 8 is added to read as follows: 46 2. Authorized sentence. Except as provided in subdivision [five or] 47 six or eight of this section, or as provided in subdivision five of 48 section 70.80 of this article, when the court has found, pursuant to the 49 provisions of the criminal procedure law, that a person is a second 50 felony offender the court must impose an indeterminate sentence of 51 imprisonment. The maximum term of such sentence must be in accordance 52 with the provisions of subdivision three of this section and the minimum 53 period of imprisonment under such sentence must be in accordance with 54 subdivision four of this section. 55 8. Alternative sentence for certain class D or E felony. When a second 56 felony offender is sentenced for a class D or class E felony, other thanA. 3005--B 30 1 an offense defined in article one hundred twenty-five of this chapter or 2 an offense requiring registration as a sex offender pursuant to article 3 six-C of the correction law, and the court, having regard to the nature 4 and circumstances of the crime and to the history and character of the 5 defendant, is of the opinion that it would be unduly harsh to impose an 6 indeterminate sentence of imprisonment, the court may impose a definite 7 sentence of imprisonment and fix a term of one year or less, or it may 8 sentence the defendant to probation pursuant to the provisions of 9 section 65.00 of this title, or it may impose both a definite sentence 10 of imprisonment and a sentence of probation as provided for in paragraph 11 (d) of subdivision two of section 60.01 of this title. 12 § 11. This act shall take effect April 1, 2017, provided, however: 13 a. that sections six and seven of this act shall take effect June 1, 14 2017; 15 b. that the amendments to subdivision 2 of section 259-c of the execu- 16 tive law made by section five of this act shall not affect the expira- 17 tion of such subdivision and shall be deemed to expire therewith; 18 c. that the amendments to subdivision 2 of section 70.06 of the penal 19 law made by section ten of this act shall not affect the expiration of 20 such subdivision and shall be deemed to expire therewith; and 21 d. that sections nine and ten of this act shall apply to offenses 22 committed on or after such date and shall also apply to offenses commit- 23 ted before such date, where the sentence upon conviction has not yet 24 been imposed. 25 PART F 26 Section 1. Subdivision 2 of section 216 of the executive law is renum- 27 bered subdivision 3 and a new subdivision 2 is added to read as follows: 28 2. There shall be within the bureau of criminal investigation a hate 29 crime task force. The superintendent shall assign to it such personnel 30 as may be required for the purpose of preventing, investigating, and 31 detecting hate crimes as defined in article four hundred eighty-five and 32 sections 240.30 and 240.31 of the penal law. The task force shall issue 33 reports and publications, in conjunction with the division of human 34 rights, in order to: inform persons of all rights and remedies, includ- 35 ing penalties, provided under article fifteen of this chapter as well as 36 article four hundred eighty-five and sections 240.30 and 240.31 of the 37 penal law and to combat against discrimination because of age, race, 38 creed, color, national origin, sexual orientation, military status, sex, 39 disability, familial status, domestic violence victim status, genetic 40 predisposition status, or marital status. 41 § 2. The first report issued by the hate crime task force, as required 42 in subdivision 2 of section 216 of the executive law, shall be issued 43 within ninety days of the effective date of this act. Subsequent 44 reports shall be issued annually thereafter. 45 § 3. This act shall take effect immediately. 46 PART G 47 Section 1. Subdivisions 11 and 12 of section 631 of the executive law, 48 subdivision 11 as added by chapter 543 of the laws of 1995 and subdivi- 49 sion 12 as amended by chapter 188 of the laws of 2014, are amended to 50 read as follows: 51 11. Notwithstanding the provisions of subdivisions one, two and three 52 of this section, an individual who was a victim of either the crime of:A. 3005--B 31 1 menacing in the second degree as defined in subdivision one of section 2 120.14 of the penal law; menacing in the third degree as defined in 3 section 120.15 of the penal law; unlawful imprisonment in the first 4 degree as defined in section 135.10 of the penal law[,]; kidnapping in 5 the second degree as defined in section 135.20 of the penal law [or]; 6 kidnapping in the first degree as defined in section 135.25 of the penal 7 law; criminal mischief in the fourth degree as defined in subdivision 8 four of section 145.00 of the penal law; robbery in the third degree as 9 defined in section 160.05 of the penal law; robbery in the second degree 10 as defined in subdivision one, paragraph b of subdivision two or subdi- 11 vision three of section 160.10 of the penal law; or robbery in the first 12 degree as defined in subdivisions two, three and four of section 160.15 13 of the penal law who has not been physically injured as a direct result 14 of such crime shall only be eligible for an award that includes loss of 15 earnings [or support] and the unreimbursed costs of counseling provided 16 to such victim on account of mental or emotional stress resulting from 17 the incident in which the crime occurred. 18 12. Notwithstanding the provisions of subdivisions one, two and three 19 of this section, an individual who was a victim of either the crime of 20 menacing in the second degree as defined in subdivision two or three of 21 section 120.14 of the penal law, menacing in the first degree as defined 22 in section 120.13 of the penal law, criminal obstruction of breathing or 23 blood circulation as defined in section 121.11 of the penal law, harass- 24 ment in the second degree as defined in [subdivision two or three of] 25 section 240.26 of the penal law, harassment in the first degree as 26 defined in section 240.25 of the penal law, aggravated harassment in the 27 second degree as defined in subdivision three or five of section 240.30 28 of the penal law, aggravated harassment in the first degree as defined 29 in subdivision two of section 240.31 of the penal law, criminal contempt 30 in the first degree as defined in [paragraph (ii) or (iv) of] subdivi- 31 sion (b) or subdivision (c) of section 215.51 of the penal law, or 32 stalking in the fourth, third, second or first degree as defined in 33 sections 120.45, 120.50, 120.55 and 120.60 of the penal law, respective- 34 ly, or a hate crime as defined in section 485.05 of the penal law who 35 has not been physically injured as a direct result of such crime shall 36 only be eligible for an award that includes loss of earning or support, 37 the unreimbursed cost of repair or replacement of essential personal 38 property that has been lost, damaged or destroyed as a direct result of 39 such crime, the unreimbursed cost for security devices to enhance the 40 personal protection of such victim, transportation expenses incurred for 41 necessary court [expenses] appearances in connection with the prose- 42 cution of such crime, the unreimbursed costs of counseling provided to 43 such victim on account of mental or emotional stress resulting from the 44 incident in which the crime occurred, the unreimbursed cost of securing 45 a crime scene, reasonable relocation expenses, and for occupational or 46 job training. 47 § 2. This act shall take effect on the one hundred eightieth day after 48 it shall have become law, and apply to all claims filed on or after such 49 effective date. 50 PART H 51 Section 1. Subdivision 5 of section 621 of the executive law, as 52 amended by chapter 74 of the laws of 2007, is amended to read as 53 follows:A. 3005--B 32 1 5. "Victim" shall mean (a) a person who suffers personal physical 2 injury as a direct result of a crime; (b) a person who is the victim of 3 either the crime of (1) unlawful imprisonment in the first degree as 4 defined in section 135.10 of the penal law, (2) kidnapping in the second 5 degree as defined in section 135.20 of the penal law, (3) kidnapping in 6 the first degree as defined in section 135.25 of the penal law, (4) 7 menacing in the first degree as defined in section 120.13 of the penal 8 law, (5) criminal obstruction of breathing or blood circulation as 9 defined in section 121.11 of the penal law, (6) harassment in the second 10 degree as defined in section 240.26 of the penal law, (7) harassment in 11 the first degree as defined in section 240.25 of the penal law, (8) 12 aggravated harassment in the second degree as defined in subdivision 13 three or five of section 240.30 of the penal law, (9) aggravated harass- 14 ment in the first degree as defined in subdivision two of section 240.31 15 of the penal law, (10) criminal contempt in the first degree as defined 16 in subdivision (b) or subdivision (c) of section 215.51 of the penal 17 law, (11) stalking in the fourth, third, second or first degree as 18 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law, 19 (12) labor trafficking as defined in section 135.35 of the penal law, or 20 [(5)] (13) sex trafficking as defined in section 230.34 of the penal 21 law; a vulnerable elderly person or an incompetent or physically disa- 22 bled person as defined in section 260.31 of the penal law who incurs a 23 loss of savings as defined in subdivision twenty-four of this section; 24 or a person who has had a frivolous lawsuit filed against them. 25 § 2. Section 621 of the executive law is amended by adding a new 26 subdivision 24 to read as follows: 27 24. "Loss of savings" shall mean the result of any act or series of 28 acts of larceny as defined in article one hundred fifty-five of the 29 penal law, indicated by a criminal justice agency as defined in subdivi- 30 sion one of section six hundred thirty-one of this article, in which 31 cash is stolen from a vulnerable elderly person or an incompetent or 32 physically disabled person as defined in section 260.31 of the penal 33 law. 34 § 3. Subdivision 2 of section 631 of the executive law, as amended by 35 chapter 162 of the laws of 2008, is amended to read as follows: 36 2. Any award made pursuant to this article shall be in an amount not 37 exceeding out-of-pocket expenses, including indebtedness reasonably 38 incurred for medical or other services necessary as a result of the 39 injury upon which the claim is based; loss of earnings or support 40 resulting from such injury not to exceed thirty thousand dollars; loss 41 of savings not to exceed thirty thousand dollars; burial expenses not 42 exceeding six thousand dollars of a victim who died as a direct result 43 of a crime; the costs of crime scene cleanup and securing of a crime 44 scene not exceeding twenty-five hundred dollars; reasonable relocation 45 expenses not exceeding twenty-five hundred dollars; and the unreimbursed 46 cost of repair or replacement of articles of essential personal property 47 lost, damaged or destroyed as a direct result of the crime. An award for 48 loss of earnings shall include earnings lost by a parent or guardian as 49 a result of the hospitalization of a child victim under age eighteen for 50 injuries sustained as a direct result of a crime. In addition to the 51 medical or other services necessary as a result of the injury upon which 52 the claim is based, an award may be made for rehabilitative occupational 53 training for the purpose of job retraining or similar employment-orient- 54 ed rehabilitative services based upon the claimant's medical and employ- 55 ment history. For the purpose of this subdivision, rehabilitative occu- 56 pational training shall include but not be limited to educationalA. 3005--B 33 1 training and expenses. An award for rehabilitative occupational training 2 may be made to a victim, or to a family member of a victim where neces- 3 sary as a direct result of a crime. 4 § 4. Section 631 of the executive law is amended by adding a new 5 subdivision 3-a to read as follows: 6 3-a. Any award made for loss of savings shall, unless reduced pursuant 7 to other provisions of this article, be in an amount equal to the actual 8 loss sustained. 9 § 5. Subdivision 5 of section 631 of the executive law is amended by 10 adding a new paragraph (f) to read as follows: 11 (f) Notwithstanding the provisions of paragraph (a) of this subdivi- 12 sion, the office shall disregard for this purpose the responsibility of 13 the victim for his or her own loss of savings. 14 § 6. Section 631 of the executive law is amended by adding a new 15 subdivision 8-a to read as follows: 16 8-a. Notwithstanding the provisions of subdivision one of this 17 section, a vulnerable elderly person or an incompetent or physically 18 disabled person, as defined in section 260.31 of the penal law, who has 19 not been physically injured as a direct result of a crime, shall be 20 eligible for an award that includes loss of savings. 21 § 7. This act shall take effect on the one hundred eightieth day after 22 it shall have become a law, and shall apply to all claims filed on or 23 after such effective date. 24 PART I 25 Section 1. The executive law is amended by adding a new section 203-a 26 to read as follows: 27 § 203-a. Additional duties of the commissioner regarding flood related 28 losses. In accordance with 44 CFR 75.11 of the code of federal regu- 29 lations, in the event that state-owned structures and their contents are 30 damaged as the result of flood related losses, flood, and/or flood 31 related hazards occurring in areas identified by the federal insurance 32 administrator as A, AO, AH, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, 33 AR/AH, AR/A, A99, M, V, VO, V1-30, VE, and E Zones, the commissioner of 34 general services shall pay an amount not less than the limits of cover- 35 age that would be applicable if such state-owned structures and their 36 contents had been covered by standard flood insurance policies, as 37 defined in 44 CFR 59.1, for the repair, restoration, or replacement of 38 such state-owned structures and contents, and shall maintain and update, 39 not less frequently than annually, an inventory of all state-owned 40 structures and their contents within such zones. 41 § 2. This act shall take effect immediately. 42 PART J 43 Section 1. Short title. This act shall be known as the "New York State 44 Buy American Act". 45 § 2. Section 146 of the state finance law is REPEALED and a new 46 section 146 is added to read as follows: 47 § 146. The New York State Buy American Act. 1. Use of American materi- 48 als. (a) Notwithstanding any other provision of law, each contract for 49 the construction, reconstruction, alteration or improvement of a public 50 building of public works made by a public agency shall contain a 51 provision that the iron, steel, and manufactured products used or 52 supplied in the performance of the contract or any subcontract theretoA. 3005--B 34 1 and permanently incorporated into the public building or public works 2 shall be manufactured in the United States. 3 (b) For the purposes of section one hundred sixty-three of this chap- 4 ter, no bidder shall be deemed to be the lowest responsible and reliable 5 bidder and no bid shall be deemed the best value unless the bid offered 6 by such bidder will comply with the contract term required by paragraph 7 (a) of this subdivision. 8 (c) The provisions of paragraph (a) of this subdivision shall not 9 apply in any case or category of cases in which the executive head of a 10 public agency finds: 11 (i) that the application of this section would be inconsistent with 12 the public interest; 13 (ii) that such materials and products are not produced in the United 14 States in sufficient and reasonably available quantities and of a satis- 15 factory quality; or 16 (iii) that inclusion of domestic material will increase the cost of 17 the overall project contract by more than twenty-five percent. 18 (d) If the executive receives a request for a waiver under paragraph 19 (c) of this subdivision, the executive shall provide notice of and an 20 opportunity for public comment on the request at least thirty days 21 before making a finding based on the request. 22 (e) A notice provided under paragraph (d) of this subdivision shall: 23 (i) summarize the information available to the executive concerning 24 the request, including whether the request is being made under subpara- 25 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 26 (ii) be posted prominently on the official public internet web site of 27 the agency; and 28 (iii) be provided by electronic means to any person, firm or corpo- 29 ration that has made a written or electronic request to the public agen- 30 cy for notice of waiver actions by the executive within five (5) years 31 prior to the date of notice. 32 (f) If the executive issues a waiver under paragraph (c) of this 33 subdivision, the executive shall publish in the same manner as the 34 original notice a detailed justification for the waiver that: 35 (i) addresses the public comments received under paragraph (d) of this 36 subdivision; and 37 (ii) is published before the waiver takes effect. 38 (g) If it has been determined by a court or federal or state agency 39 that any person intentionally: 40 (i) affixed a label bearing a "Made in America" inscription, or any 41 inscription with the same meaning, to any iron, steel or manufactured 42 product used in projects to which this section applies, sold in or 43 shipped to the United States that was not made in the United States; or 44 (ii) represented that any iron, steel or manufactured product used in 45 projects to which this section applies that was not produced in the 46 Untied States, was produced in the United States; 47 then that person shall be ineligible to receive any contract or subcon- 48 tract with this state pursuant to the debarment or suspension provisions 49 provided under section one hundred thirty-nine-a of this article. 50 (h) This section shall be applied in a manner consistent with the 51 state's obligations under any applicable international agreements 52 pertaining to government procurement. 53 2. Definitions. For the purposes of this section, the following words 54 shall have the following meanings unless specified otherwise: 55 (a) "Executive" means the executive head of a public agency subject to 56 this section;A. 3005--B 35 1 (b) "Public agency" means a governmental entity as that term is 2 defined in section one hundred thirty-nine-j of this article; 3 (c) "manufactured in the United States" means: (i) in the case of an 4 iron or steel product all manufacturing must take place in the United 5 States, from the initial melting stage through the application of coat- 6 ings, except metallurgical processes involving the refinement of steel 7 additives; and 8 (ii) in the case of a manufactured product, a product will be consid- 9 ered manufactured in the United States if: 10 (A) all of its manufacturing processes take place in the United 11 States, and 12 (B) more than sixty percent of the components of the manufactured 13 good, by cost, are of domestic origin. If, under the terms of this 14 subparagraph, a component is determined to be of domestic origin, its 15 entire cost may be used in calculating the cost of domestic content of 16 an end product. 17 (d) "United States" means the United States of America and includes 18 all territory, continental or insular, subject to the jurisdiction of 19 the United States. 20 § 3. Section 2603-a of the public authorities law is REPEALED and a 21 new section 2877-a is added to read as follows: 22 § 2877-a. The New York State Buy American Act. 1. Use of American 23 materials. (a) Notwithstanding any other provision of law, each contract 24 for the construction, reconstruction, alteration or improvement of a 25 public building or public works made by a public authority shall contain 26 a provision that the iron, steel, and manufactured products used or 27 supplied in the performance of the contract or any subcontract thereto 28 and permanently incorporated into the public building or public works 29 shall be manufactured in the United States. 30 (b) No bidder shall be deemed to be the lowest responsible and reli- 31 able bidder and no bid shall be deemed the best value unless the bid 32 offered by such bidder will comply with the contract term required by 33 paragraph (a) of this subdivision. 34 (c) The provisions of paragraph (a) of this subdivision shall not 35 apply in any case or category of cases in which the executive head of a 36 public agency finds: 37 (i) that the application of this section would be inconsistent with 38 the public interest; 39 (ii) that such materials and products are not produced in the United 40 States in sufficient and reasonably available quantities and of a satis- 41 factory quality; or 42 (iii) that inclusion of domestic material will increase the cost of 43 the overall project contract by more than twenty-five percent. 44 (d) If the executive receives a request for a waiver under paragraph 45 (c) of this subdivision, the executive shall provide notice of and an 46 opportunity for public comment on the request at least thirty days 47 before making a finding based on the request. 48 (e) A notice provided under paragraph (d) of this subdivision shall: 49 (i) summarize the information available to the executive concerning 50 the request, including whether the request is being made under subpara- 51 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 52 (ii) be posted prominently on the official public internet web site of 53 the agency; and 54 (iii) be provided by electronic means to any person, firm or corpo- 55 ration that has made a written or electronic request to the public agen-A. 3005--B 36 1 cy for notice of waiver actions by the executive within five (5) years 2 prior to the date of notice. 3 (f) If the executive issues a waiver under paragraph (c) of this 4 subdivision, the executive shall publish in the same manner as the 5 original notice a detailed justification for the waiver that: 6 (i) addresses the public comments received under paragraph (d) of this 7 subdivision; and 8 (ii) is published before the waiver takes effect. 9 (g) If it has been determined by a court or federal or state agency 10 that any person intentionally: 11 (i) affixed a label bearing a "Made in America" inscription, or any 12 inscription with the same meaning, to any iron, steel or manufactured 13 product used in projects to which this section applies, sold in or 14 shipped to the United States that was not made in the United States; or 15 (ii) represented that any iron, steel, or manufactured product used in 16 projects to which this section applies that was not produced in the 17 United States, was produced in the United States; 18 then that person shall be ineligible to receive any contract or subcon- 19 tract with this State pursuant to the debarment and suspension 20 provisions provided under section one hundred thirty-nine-a of the state 21 finance law. 22 (h) This section shall be applied in a manner consistent with the 23 state's obligations under any applicable international agreements 24 pertaining to government procurement. 25 2. Definitions. For the purpose of this section, the following words 26 shall have the following meanings unless specified otherwise: 27 (a) "Executive" means the executive head of a public agency subject to 28 this section; 29 (b) "Public agency" means a state, local or interstate authority as 30 those terms are defined in section two of this chapter; 31 (c) "Manufactured in the United States" means: (i) in the case of an 32 iron or steel product all manufacturing must take place in the United 33 States, from the initial melting stage through the application of coat- 34 ings, except metallurgical processes involving the refinement of steel 35 additives; and 36 (ii) in the case of a manufactured product, a product will be consid- 37 ered manufactured in the United States if: 38 (A) all of its manufacturing processes take place in the United 39 States, and 40 (B) more than sixty percent of the components of the manufactured 41 good, by cost, are of domestic origin. If, under the terms of this part, 42 a component is determined to be of domestic origin, its entire cost may 43 be used in calculating the cost of domestic content of an end product. 44 (d) "United States" means the United States of America and includes 45 all territory, continental or insular, subject to the jurisdiction of 46 the United States. 47 § 4. Section 38 of the highway law is amended by adding a new subdivi- 48 sion 10 to read as follows: 49 10. Use of American materials. (a) Notwithstanding any other provision 50 of law, each contract for the construction, reconstruction, alteration 51 or improvement of a highway or other public works made by a public agen- 52 cy shall contain a provision that the iron, steel, and manufactured 53 products used or supplied in the performance of the contract or any 54 subcontract thereto and permanently incorporated into the public build- 55 ing or public works shall be manufactured in the United States.A. 3005--B 37 1 (b) No bidder shall be deemed to be the lowest responsible and reli- 2 able bidder and no bid shall be deemed the best value unless the bid 3 offered by such bidder will comply with the contract term required by 4 paragraph (a) of this subdivision. 5 (c) The provisions of paragraph (a) of this subdivision shall not 6 apply in any case or category of cases in which the executive head of a 7 public agency finds: 8 (i) that the application of this subdivision would be inconsistent 9 with the public interest; 10 (ii) that such materials and products are not produced in the United 11 States in sufficient and reasonably available quantities and of a satis- 12 factory quality; or 13 (iii) that inclusion of domestic material will increase the cost of 14 the overall project contract by more than twenty-five percent. 15 (d) If the executive receives a request for a waiver under paragraph 16 (c) of this subdivision, the executive shall provide notice of and an 17 opportunity for public comment on the request of at least thirty days 18 before making a finding based on the request. 19 (e) A notice provided under paragraph (d) of this subdivision shall: 20 (i) summarize the information available to the executive concerning 21 the request, including whether the request is being made under subpara- 22 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 23 (ii) be posted prominently on the official public internet web site of 24 the agency; and 25 (iii) be provided by electronic means to any person, firm or corpo- 26 ration that has made a written or electronic request to the public agen- 27 cy for notice of waiver actions by the executive within five (5) years 28 prior to the date of notice. 29 (f) If the executive issues a waiver under paragraph (c) of this 30 subdivision, the executive shall publish in the same manner as the 31 original notice a detailed justification for the waiver that: 32 (i) addresses the public comments received under paragraph (d) of this 33 subdivision; and 34 (ii) is published before the waiver takes effect. 35 (g) If it has been determined by a court of federal or state agency 36 that any person intentionally: 37 (i) affixed a label bearing a "Made in America" inscription, or any 38 inscription with the same meaning, to any iron, steel or manufactured 39 product used in projects to which this subdivision applies, sold in or 40 shipped to the United States that was not made in the United States; or 41 (ii) represented that any iron, steel, or manufactured product used in 42 projects to which this section apples that was not produced in the 43 United States, was produced in the United States; 44 then that person shall be ineligible to receive any contract or subcon- 45 tract with this state pursuant to the debarment or suspension provisions 46 provided under section one hundred thirty-nine-a of the state finance 47 law. 48 (h) This subdivision shall be applied in a manner consistent with the 49 state's obligations under any applicable international agreements 50 pertaining to government procurement. 51 (i) Definitions. For the purpose of this subdivision, the following 52 words shall have the following meanings unless specified otherwise: 53 (i) "Executive" means the executive head of a public agency subject to 54 this subdivision. 55 (ii) "Public agency" means a governmental entity as that term is 56 defined in section one hundred thirty-nine-j of the state finance law;A. 3005--B 38 1 (iii) "Manufactured in the United States" means: (A) in the case of an 2 iron or steel product all manufacturing must take place in the United 3 States, from the initial melting stage through the application of coat- 4 ings, except metallurgical processes involving the refinement of steel 5 additives; and 6 (B) in the case of a manufactured product, a product will be consid- 7 ered manufactured in the United States if: 8 (1) all of its manufacturing processes take place in the United 9 States, and 10 (2) more than sixty percent of the components of the manufactured 11 good, by cost, are of domestic origin. If, under the terms of this part, 12 a component is determined to be of domestic origin, its entire cost may 13 be used in calculating the cost of domestic content of an end product. 14 (iv) "United States" means the United States of America and includes 15 all territory, continental or insular, subject to the jurisdiction of 16 the United States. 17 § 5. Section 103 of the general municipal law is amended by adding a 18 new subdivision 17 to read as follows: 19 17. Use of American materials. (a) Notwithstanding any other provision 20 of law, each contract for the construction, reconstruction, alteration 21 or improvement of a public building or public works made by a public 22 agency of a political subdivision shall contain a provision that the 23 iron, steel, and manufactured products used or supplied in the perform- 24 ance of the contract or any subcontract thereto and permanently incorpo- 25 rated into the public building or public works shall be manufactured in 26 the United States. 27 (b) No bidder shall be deemed to be the lowest responsible and reli- 28 able bidder and no bid shall be deemed the best value unless the bid 29 offered by such bidder will comply with the contract term required by 30 paragraph (a) of this subdivision. 31 (c) The provisions of paragraph (a) of this subdivision shall not 32 apply in any case or category of cases in which the executive head of a 33 public agency finds: 34 (i) that the application of this subdivision would be inconsistent 35 with the public interest; 36 (ii) that such materials and products are not produced in the United 37 States in sufficient and reasonably available quantities and of a satis- 38 factory quality; or 39 (iii) that inclusion of domestic material will increase the cost of 40 the overall project contract by more than twenty-five percent. 41 (d) If the executive receives a request for a waiver under paragraph 42 (c) of this subdivision, the executive shall provide notice of an oppor- 43 tunity for public comment on the request at least thirty days before 44 making a finding based on the request. 45 (e) A notice provided under paragraph (d) of this subdivision shall: 46 (i) summarize the information available to the executive concerning 47 the request, including whether the request is being made under subpara- 48 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 49 (ii) be posted prominently on the official public internet web site of 50 the agency; and 51 (iii) be provided by electronic means to any person, firm or corpo- 52 ration that has made a written or electronic request to the public agen- 53 cy for notice of waiver actions by the executive within five (5) years 54 prior to the date of notice.A. 3005--B 39 1 (f) If the executive issues a waiver under paragraph (c) of this 2 subdivision, the executive shall publish in the same manner as the 3 original notice a detailed justification for the waiver that: 4 (i) addresses the public comments received under paragraph (d) of this 5 subdivision; and 6 (ii) is published before the waiver takes effect. 7 (g) If it has been determined by a court or federal or state agency 8 that any person intentionally: 9 (i) affixed a label bearing a "Made in America" inscription, or any 10 inscription with the same meaning, to any iron, steel or manufactured 11 product used in projects to which this subdivision applies, sold in or 12 shipped to the United States that was not made in the United States; or 13 (ii) represented that any iron, steel, or manufactured product used in 14 projects to which this section applies that was not produced in the 15 United States, was produced in the United States; 16 then that person shall be ineligible to receive any contract or subcon- 17 tract with this state pursuant to the debarment or suspension provisions 18 provided under section one hundred thirty-nine-a of the state finance 19 law. 20 (h) This subdivision shall be applied in a manner consistent with the 21 state's obligations under any applicable international agreements 22 pertaining to government procurement. 23 (i) Definitions. For the purpose of this subdivision, the following 24 words shall have the following meanings unless specified otherwise: 25 (i) "Executive" means the executive head of a public agency subject to 26 this subdivision; 27 (ii) "Public agency" means a governmental entity as that term is 28 defined in section one hundred thirty-nine-j of the state finance law; 29 (iii) "Manufactured in the United States" means: (A) in the case of an 30 iron or steel product all manufacturing must take place in the United 31 States, from the initial melting stage through the application of coat- 32 ings, except metallurgical processes involving the refinement of steel 33 additives; and 34 (B) in the case of a manufactured product, a product will be consid- 35 ered manufactured in the United States if: 36 (1) all of its manufacturing processes take place in the United 37 States, and 38 (2) more than sixty percent of the components of the manufactured 39 good, by cost, are of domestic origin. If, under the terms of this part, 40 a component is determined to be of domestic origin, its entire cost may 41 be used in calculating the cost of domestic content of an end product. 42 (iv) "United States" means the United States of America and includes 43 all territory, continental or insular, subject to the jurisdiction of 44 the United States. 45 § 6. Section 8 of the public buildings law is amended by adding a new 46 subdivision 8 to read as follows: 47 8. Use of American materials. (a) Notwithstanding any other provision 48 of law, each contract for the construction, reconstruction, alteration 49 or improvement of a state building made by a public agency shall contain 50 a provision that the iron, steel, and manufactured products used or 51 supplied in the performance of the contract of any subcontract thereto 52 and permanently incorporated into the public building or public works 53 shall be manufactured in the United States. 54 (b) No bidder shall be deemed to be the lowest responsible and reli- 55 able bidder and no bid shall be deemed the best value unless the bidA. 3005--B 40 1 offered by such bidder will comply with the contract term required by 2 paragraph (a) of this subdivision. 3 (c) The provisions of paragraph (a) of this subdivision shall not 4 apply in any case or category of cases in which the executive head of a 5 public agency finds: 6 (i) that the application of this subdivision would be inconsistent 7 with the public interest; 8 (ii) that such materials and products are not produced in the United 9 States in sufficient and reasonably available quantities and of a satis- 10 factory quality; or 11 (iii) that inclusion of domestic material will increase the cost of 12 the overall project contract by more than twenty-five percent. 13 (d) If the executive receives a request for a waiver under paragraph 14 (c) of this subdivision, the executive shall provide notice of and an 15 opportunity for public comment on the request at least thirty days 16 before making a finding based on the request. 17 (e) A notice provided under paragraph (d) of this subdivision shall: 18 (i) summarize the information available to the executive concerning 19 the request, including whether the request is being made under subpara- 20 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 21 (ii) be posted prominently on the official public internet web site of 22 the agency; and 23 (iii) be provided by electronic means to any person, firm or corpo- 24 ration that has made a written or electronic request to the public agen- 25 cy for notice of waiver actions by the executive within five (5) years 26 prior to the date of notice. 27 (f) If the executive issues a waiver under paragraph (c) of this 28 subdivision, the executive shall publish in the same manner as the 29 original notice a detailed justification of the waiver that: 30 (i) addresses the public comments received under paragraph (d) of this 31 subdivision; and 32 (ii) is published before the waiver takes effect. 33 (g) If it has been determined by a court or federal or state agency 34 that any person intentionally: 35 (i) affixed a label bearing a "Made in America" inscription, or any 36 inscription with the same meaning, to any iron, steel or manufactured 37 product used in projects to which this subdivision applies, sold in or 38 shipped to the United States that was not made in the United States; or 39 (ii) represented that any iron, steel, or manufactured product used in 40 projects to which this section applies that was not produced in the 41 United States, was produced in the United States; 42 then that person shall be ineligible to receive any contract or subcon- 43 tract with this state pursuant to the debarment or suspension provisions 44 provided under section one hundred thirty-nine-a of the state finance 45 law. 46 (h) This subdivision shall be applied in a manner consistent with the 47 state's obligations under any applicable international agreements 48 pertaining to government procurement. 49 (i) Definitions. For the purpose of this subdivision, the following 50 words shall have the following meanings unless otherwise specified: 51 (i) "Executive" means the executive head of a public agency subject to 52 this subdivision; 53 (ii) "Public agency" means a governmental entity as that term is 54 defined in section one hundred thirty-nine-j of the state finance law; 55 (iii) "Manufactured in the United States" means: (A) in the case of an 56 iron or steel product all manufacturing must take place in the UnitedA. 3005--B 41 1 States, from the initial melting stage through the application of coat- 2 ings, except metallurgical processes involving the refinement of steel 3 additives; and 4 (B) in the case of a manufactured product, a product will be consid- 5 ered manufactured in the United States if: 6 (1) all of its manufacturing processes take place in the United 7 States, and 8 (2) more than sixty percent of the components of the manufactured 9 good, by cost, are of domestic origin. If, under the terms of this part, 10 a component is determined to be of domestic origin, its entire cost may 11 be used in calculating the cost of domestic content of an end product. 12 (iv) "United States" means the United States of America and includes 13 all territory, continental or insular, subject to the jurisdiction of 14 the United States. 15 § 7. Severability. If any provisions of this act, or the application 16 thereof to any person or circumstance, is held invalid, such invalidity 17 shall not affect other provisions or applications of this act which can 18 be given effect without the invalid provisions or application, and to 19 that extent, the provisions of this act are declared to be severable. 20 § 8. This act shall take effect immediately. 21 PART K 22 Section 1. Employees of the division of military and naval affairs in 23 the unclassified service of the state, who are substantially engaged in 24 the performance of duties to support business and financial services, 25 administrative services, payroll administration, time and attendance, 26 benefit administration and other transactional human resources func- 27 tions, may be transferred to the office of general services in accord- 28 ance with the provisions of section 45 of the civil service law as if 29 the state had taken over a private entity. No employee who is trans- 30 ferred pursuant to this act shall suffer a reduction in basic annual 31 salary as a result of the transfer. 32 § 2. This act shall take effect immediately and shall have been deemed 33 to have been in full force and effect on and after March 31, 2015 and 34 shall remain in effect until March 31, 2020 when it shall be deemed 35 repealed. 36 PART L 37 Section 1. Section 3 of chapter 674 of the laws of 1993, amending the 38 public buildings law relating to value limitations on contracts, as 39 amended by section 1 of part M of chapter 55 of the laws of 2015, is 40 amended to read as follows: 41 § 3. This act shall take effect immediately and shall remain in full 42 force and effect only until June 30, [2017] 2019. 43 § 2. The public buildings law is amended by adding a new section 8-a 44 to read as follows: 45 § 8-a. Contracts for work performed at secure facilities. 1. For the 46 purposes of this section, "secure facility" shall mean (a) a building, 47 property, or facility under the jurisdiction of the department of 48 corrections and community supervision, the office of mental health, the 49 office of children and family services, or the office for people with 50 developmental disabilities, and where inmates, patients, or residents 51 who dwell within such building, property, or facility have limited or 52 restricted ingress and egress or (b) any other facility of the stateA. 3005--B 42 1 that is determined to be a secure facility by the commissioner of gener- 2 al services because of potential risks to the life, safety, or health of 3 the public or of the inhabitants of such facility. 4 2. Generation of list of eligible bidders. (a) The office of general 5 services shall establish a list of eligible bidders for contracts for 6 the work of construction, reconstruction, alteration, repair, or 7 improvement of or at a secure facility by issuing on a quarterly basis 8 an invitation to contractors to be so listed. The invitation to contrac- 9 tors shall be advertised quarterly in the procurement opportunities 10 newsletter published by the department of economic development, in the 11 public notification service of the office of general services, and by 12 newspaper advertisement as provided in section eight of this article. 13 The office of general services shall seek to provide prime contract 14 opportunities for minority- and women-owned business enterprises and 15 service-disabled veteran-owned business enterprises in the letting of 16 construction contracts in or at a secure facility and shall comply with 17 the provisions of articles fifteen-A and seventeen-B of the executive 18 law. The office of general services may remove any bidder from such list 19 for determination or finding of non-responsibility. 20 (b) Respondents to such invitation to contractors shall receive from 21 the office of general services a standardized questionnaire, and the 22 time frame in which to respond shall be set forth therein. 23 (c) The criteria that shall be used by the office of general services 24 to include a prospective contractor on the list of eligible bidders 25 shall include, but not be limited to: (i) experience with projects that 26 have been completed in secure facilities by the contractor, as either a 27 prime contractor or a subcontractor, within the last five years, (ii) 28 violations of secure facility regulations and rules, (iii) type of 29 licenses that the contractor holds, (iv) terminations on prior jobs, (v) 30 assessment of liquidated damages on earlier projects, (vi) contractor's 31 ability to secure bonding, (vii) insurability, (viii) financial 32 strength, (ix) status as a certified minority- or women-owned business 33 enterprise or service-disabled veteran-owned business enterprise, and 34 (x) any other criteria that the commissioner of general services shall 35 determine to be relevant. 36 (d) If the office of general services makes a determination not to 37 include a contractor on the list of eligible bidders, the office of 38 general services shall provide written notice to the contractor, includ- 39 ing the reason for the determination and notifying the contractor that 40 the contractor shall have fifteen days from the receipt of such notice 41 to mail or submit for delivery a written request for reconsideration. 42 The contractor shall also be notified of the opportunity to present any 43 evidence as to why the contractor should be included on the list of 44 eligible bidders. The reconsideration request shall be determined 45 promptly. The office of general services shall give the contractor writ- 46 ten notice of the determination concerning the reconsideration request 47 and the reasons therefor. 48 (e) Bidders for contracts for the work of construction, recon- 49 struction, alteration, repair, or improvement of or at a secure facility 50 may, at the discretion of the commissioner of general services, be 51 solicited solely from the list of eligible bidders established pursuant 52 to this subdivision, and such contracts shall be awarded in accordance 53 with section eight of this article, provided that solicitations for bids 54 or proposals shall also be advertised in the public notification service 55 of the office of general services, the procurement opportunities news-A. 3005--B 43 1 letter published by the department of economic development and the state 2 register. 3 (f) The office of general services shall engage in outreach efforts to 4 minority- and women-owned business enterprises, service-disabled veter- 5 an-owned business enterprises and small businesses, to inform them of 6 opportunities and procedures for inclusion on the list of eligible 7 bidders established pursuant to this section. Such outreach shall 8 include but not limited to, advertising procurement opportunities in a 9 variety of publications representative of all regions of the state, on 10 social media, on the office of general services, empire state develop- 11 ment corporation, and department of economic development websites, and 12 through workshops, training sessions, and other seminars available to 13 minority- and women-owned business enterprises, service-disabled veter- 14 an-owned business enterprises and small businesses. The office of gener- 15 al services shall coordinate its efforts pursuant to this paragraph with 16 other state agencies. 17 (g) All solicitations for bids or proposals issued pursuant to this 18 section shall include information referring potential bidders or propo- 19 sers to directories of minority- and women-owned business enterprises 20 and service-disabled veteran-owned business enterprises in order to 21 encourage the use of minority- and women-owned business enterprises and 22 service-disabled veteran-owned business enterprises. 23 (h) All decisions made and approaches taken pursuant to this section, 24 including but not limited to, the decisions on whether to use the list 25 established pursuant to this section and the rationale for such decision 26 shall be documented in a procurement record as defined in section one 27 hundred sixty-three of the state finance law. 28 3. Notwithstanding the provisions of subdivision one of section eight 29 of this article, drawings and specifications when prepared for the work 30 of construction, reconstruction, alteration, repair, or improvement of a 31 secure facility shall be filed in accordance with the provisions of 32 subdivision one of section eight of this article, except that such draw- 33 ings and specifications may not be open to public inspection at the 34 discretion of the commissioner of general services. 35 § 3. Subdivision 2 of section 8 of the public buildings law, as 36 amended by chapter 840 of the laws of 1980, is amended to read as 37 follows: 38 2. The said department or other agency having jurisdiction shall, 39 except as otherwise provided in this chapter, advertise for proposals 40 for such work of construction, reconstruction, alteration, repair or 41 improvement, or, upon the request of said department or other agency, 42 the commissioner of general services is authorized to advertise for and 43 to receive and open such proposals for such work of construction, recon- 44 struction, alteration, repair or improvement, and upon the opening of 45 such proposals he shall, in appropriate cases, transmit to said depart- 46 ment or other agency a tabulation of such proposals. Except as provided 47 in [section] sections eight-a and twenty of this chapter, such adver- 48 tisement for proposals shall be printed in a newspaper published in the 49 city of Albany, and in such other newspaper or newspapers as will be 50 most likely to give adequate notice to contractors of the work contem- 51 plated and of the invitation to submit proposals therefor. Such adver- 52 tisement shall be published for such time and in such manner as shall be 53 determined by the commissioner of general services. Such advertisement 54 shall be a public notice which shall contain a brief description of the 55 work of construction, reconstruction, alteration, repair or improvement, 56 a reference to the drawings and specifications therefor and where theyA. 3005--B 44 1 may be seen and obtained, the time when and the place where the 2 proposals invited by such advertisement will be received, the require- 3 ment of a deposit with the proposal, the requirement of a bond to accom- 4 pany the contract and in such amount as may be prescribed for the faith- 5 ful performance of the contract, and such other matters as the 6 commissioner of general services may deem advisable. 7 § 4. Subdivision 1 of section 143 of the state finance law, as amended 8 by chapter 43 of the laws of 1969, is amended to read as follows: 9 1. Notwithstanding any inconsistent provision of any general or 10 special law, the board, division, department, bureau, agency, officer or 11 commission of the state charged with the duty of preparing plans and 12 specifications for and awarding or entering into contracts for the 13 performance of public work shall require the payment of a fixed sum of 14 money, not exceeding one hundred dollars, for each copy of such plans 15 and specifications, by persons or corporations desiring a copy thereof. 16 Any person or corporation desiring a copy of such plans and specifica- 17 tions and making the deposit required by this section shall be furnished 18 with one copy of the plans and specifications, except that in the case 19 of a contract for the performance of public work at a secure facility, 20 as defined in section eight-a of the public buildings law, the plans and 21 specifications shall be furnished to only those contractors that are on 22 the eligible list of bidders established pursuant to section eight-a of 23 the public buildings law and that have requested copies of such plans 24 and specifications. In the case where the commissioner of general 25 services in his or her discretion has solicited contractors other than 26 those on such eligible list of bidders for the performance of public 27 work at a secure facility, such contractors shall be furnished with 28 plans and specifications pursuant to this section. 29 § 5. This act shall take effect immediately. 30 PART M 31 Intentionally Omitted 32 PART N 33 Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of section 162 of the 34 state finance law, subdivisions 1, 3, 4 and 6 as added by chapter 83 of 35 the laws of 1995, subdivision 2 as amended by chapter 501 of the laws of 36 2002, paragraph a of subdivision 2, paragraphs a and b of subdivision 3, 37 subparagraph (i) of paragraph a of subdivision 4, subdivision 5, para- 38 graphs a and d of subdivision 6 as amended by section 164 of subpart B 39 of part C of chapter 62 of the laws of 2011, paragraph b of subdivision 40 2 as amended by chapter 519 of the laws of 2003, subparagraph (iii) of 41 paragraph b of subdivision 4 as amended by chapter 430 of the laws of 42 1997, and paragraph e of subdivision 6 as amended by chapter 265 of the 43 laws of 2013, are amended to read as follows: 44 1. Purpose. To advance special social and economic goals, selected 45 providers shall have preferred source status for the purposes of 46 procurement in accordance with the provisions of this section. Procure- 47 ment from these providers shall be exempted from the competitive 48 procurement provisions of section one hundred sixty-three of this arti- 49 cle and other competitive procurement statutes. Such exemption shall 50 apply to commodities produced, manufactured or assembled, including 51 those repackaged when the labor and materials for such repackaging addsA. 3005--B 45 1 value to the commodity, to meet the form, function and utility required 2 by state agencies, in New York state and, where so designated, services 3 provided by those sources in accordance with this section. 4 2. Preferred status. Preferred status as prescribed in this section 5 shall be accorded to: 6 a. Commodities produced by the correctional industries program of the 7 department of corrections and community supervision and provided to the 8 state pursuant to subdivision two of section one hundred eighty-four of 9 the correction law and asbestos abatement services performed by the 10 correctional industries program of the department of corrections and 11 community supervision; 12 b. Commodities and services produced by any qualified charitable non- 13 profit-making agency for the blind approved for such purposes by the 14 commissioner of the office of children and family services; 15 [c. Commodities and services produced by any special employment16program serving mentally ill persons, which shall not be required to be17incorporated and which is operated by facilities within the office of18mental health and is approved for such purposes by the commissioner of19mental health;] 20 [d.] c. Commodities and services produced by any qualified charitable 21 non-profit-making agency for other [severely] significantly disabled 22 persons approved for such purposes by the commissioner of education, or 23 incorporated under the laws of this state and approved for such purposes 24 by the commissioner of education; 25 [e.] d. Commodities and services produced by a qualified veterans' 26 workshop providing job and employment-skills training to veterans where 27 such a workshop is operated by the United States department of veterans 28 affairs and is manufacturing products or performing services within this 29 state and where such workshop is approved for such purposes by the 30 commissioner of education; or 31 [f.] e. Commodities and services produced by any qualified charitable 32 non-profit-making workshop for veterans approved for such purposes by 33 the commissioner of education, or incorporated under the laws of this 34 state and approved for such purposes by the commissioner of education. 35 3. Public list of services and commodities provided by preferred 36 sources. 37 a. By December thirty-first, nineteen hundred ninety-five, the commis- 38 sioner, in consultation with the commissioners of corrections and commu- 39 nity supervision, the office of children and family services, the office 40 of temporary and disability assistance, mental health and education, 41 shall prepare a list of all commodities and services that are available 42 and are being provided as of said date, for purchase by state agencies, 43 public benefit corporations or political subdivisions from those enti- 44 ties accorded preference or priority status under this section. Such 45 list may include references to catalogs and other descriptive literature 46 which are available directly from any provider accorded preferred status 47 under this section. The commissioner shall make this list available to 48 prospective vendors, state agencies, public benefit corporations, poli- 49 tical subdivisions and other interested parties. Thereafter, new or 50 substantially different commodities or services may only be made avail- 51 able by preferred sources for purchase by more than one state agency, 52 public benefit corporation or political subdivision after addition to 53 said list. 54 b. After January first, nineteen hundred ninety-six, upon the applica- 55 tion of the commissioner of corrections and community supervision, the 56 commissioner of the office of children and family services, the officeA. 3005--B 46 1 of temporary and disability assistance, the commissioner of mental 2 health or the commissioner of education, or a non-profit-making facili- 3 tating agency designated by one of the said commissioners pursuant to 4 paragraph e of subdivision six of this section, the state procurement 5 council may recommend that the commissioner: (i) add commodities or 6 services to, or (ii) in order to [insure] ensure that such list reflects 7 current production and/or availability of commodities and services, 8 delete at the request of a preferred source, commodities or services 9 from, the list established by paragraph a of this subdivision. The coun- 10 cil may make a non-binding recommendation to the relevant preferred 11 source to delete a commodity or service from such list. Additions may be 12 made only for new services or commodities, or for services or commod- 13 ities that are substantially different from those reflected on said list 14 for that provider. The decision to recommend the addition of services or 15 commodities shall be based upon a review of relevant factors as deter- 16 mined by the council including costs and benefits to be derived from 17 such addition and shall include an analysis by the office of general 18 services conducted pursuant to subdivision six of this section. Unless 19 the state procurement council shall make a recommendation to the commis- 20 sioner on any such application within one hundred twenty days of receipt 21 thereof, such application shall be deemed recommended. In the event that 22 the state procurement council shall deny any such application, the 23 commissioner or non-profit-making facilitating agency which submitted 24 such application may, within thirty days of such denial, appeal such 25 denial to the commissioner of general services who shall review all 26 materials submitted to the state procurement council with respect to 27 such application and who may request such further information or materi- 28 al as is deemed necessary. Within sixty days of receipt of all informa- 29 tion or materials deemed necessary, the commissioner shall render a 30 written final decision on the application which shall be binding upon 31 the applicant and upon the state procurement council. 32 c. The list maintained by the office of general services pursuant to 33 paragraph a of this subdivision shall be revised as necessary to reflect 34 the additions and deletions of commodities and services approved by the 35 state procurement council. 36 4. Priority accorded preferred sources. Except as provided in the New 37 York state printing and public documents law, priority among preferred 38 sources shall be accorded as follows: 39 a. (i) When commodities are available, in the form, function and util- 40 ity required by a state agency, public authority, commission, public 41 benefit corporation or political subdivision, said commodities must be 42 purchased first from the correctional industries program of the depart- 43 ment of corrections and community supervision; 44 (ii) When commodities are available, in the form, function and utility 45 required by, a state agency or political subdivision or public benefit 46 corporation having their own purchasing agency, and such commodities are 47 not available pursuant to subparagraph (i) of this paragraph, said 48 commodities shall then be purchased from approved charitable non-pro- 49 fit-making agencies for the blind; 50 (iii) When commodities are available, in the form, function and utili- 51 ty required by, a state agency or political subdivision or public bene- 52 fit corporation having their own purchasing agency, and such commodities 53 are not available pursuant to subparagraphs (i) and (ii) of this para- 54 graph, said commodities shall then be purchased from a qualified non- 55 profit-making agency for other [severely] significantly disabledA. 3005--B 47 1 persons, [a qualified special employment program for mentally ill2persons,] or a qualified veterans' workshop; 3 b. When services are available, in the form, function and utility 4 required by, a state agency or political subdivision or public benefit 5 corporation having their own purchasing agency, equal priority shall be 6 accorded the services rendered and offered for sale by the correctional 7 industries program of the department of corrections and community super- 8 vision, by qualified non-profit-making agencies for the blind and those 9 for the other [severely] significantly disabled, by qualified special 10 employment programs for mentally ill persons and by qualified veterans' 11 workshops. In the case of services: 12 (i) state agencies or political subdivisions or public benefit corpo- 13 rations having their own purchasing agency shall [make reasonable14efforts to provide a notification] provide a written scope of services 15 describing their requirements to those preferred sources, or to the 16 facilitating entity identified in paragraph e of subdivision six of this 17 section, which provide the required services as indicated on the offi- 18 cial public list maintained by the office of general services pursuant 19 to subdivision three of this section and identify the time frame within 20 which written questions may be submitted by the preferred source, the 21 date answers to such questions will be provided, the date by which a 22 written proposal by the preferred source must be submitted and the esti- 23 mated contract start date; 24 (ii) if, within ten days of the notification required by subparagraph 25 (i) of this paragraph, one or more preferred sources or facilitating 26 entities identified in paragraph e of subdivision six of this section 27 submit a [notice of intent] written proposal to provide the service in 28 the form, function and utility required, said service shall be purchased 29 in accordance with this section. If more than one preferred source or 30 facilitating entity identified in paragraph e of subdivision six of this 31 section submits [notification of intent] a written proposal and meets 32 the requirements, costs shall be the determining factor for purchase 33 among the preferred sources; 34 (iii) if, within ten days of the notification required by subparagraph 35 (i) of this paragraph, no preferred source or facilitating entity iden- 36 tified in paragraph e of subdivision six of this section [indicates37intent to provide the service,] submits a written proposal within the 38 time frame identified pursuant to subparagraph (i) of this paragraph, 39 then the service shall be procured in accordance with section one 40 hundred sixty-three of this article. If, after such period, a preferred 41 source elects to bid on the service, award shall be made in accordance 42 with section one hundred sixty-three of this article or as otherwise 43 provided by law; 44 (iv) the state procurement council shall establish guidelines to 45 assist the commissioner and state agencies, political subdivisions and 46 public benefit corporations in developing the scope of services, setting 47 reasonable time frames, issuing requests for information and determining 48 the reasonableness of prices of services. The state procurement council 49 shall also establish guidelines in order to promote transparency and 50 accountability in the contracting process. Such guidelines shall 51 include, but not be limited to, procedures to provide fair and equitable 52 methods for the notification and distribution of opportunities among 53 members of a facilitating agency, the types of appropriate documentation 54 to support such contract awards, and procedures for reviews of facili- 55 tating agencies to ensure compliance with the provisions of thisA. 3005--B 48 1 section. Such guidelines shall be posted on the website of the office 2 of general services. 3 [c. For the purposes of commodities and services produced by special4employment programs operated by facilities approved or operated by the5office of mental health, facilities within the office of mental health6shall be exempt from the requirements of subparagraph (i) of paragraph a7of this subdivision. When such requirements of the office of mental8health cannot be met pursuant to subparagraph (ii) or (iii) of paragraph9a of this subdivision, or paragraph b of this subdivision, the office of10mental health may purchase commodities and services which are compet-11itive in price and comparable in quality to those which could otherwise12be obtained in accordance with this article, from special employment13programs operated by facilities within the office of mental health or14other programs approved by the office of mental health.] 15 5. Prices charged by the department of corrections and community 16 supervision. The prices to be charged for commodities produced and 17 services provided by the correctional industries program of the depart- 18 ment of corrections and community supervision shall be established by 19 the commissioner of corrections and community supervision in accordance 20 with section one hundred eighty-six of the correction law. 21 a. The prices established by the commissioner of corrections and 22 community supervision shall be based upon costs as determined pursuant 23 to this subdivision, but shall not exceed a reasonable fair market price 24 determined at or within ninety days before the time of sale. Fair market 25 price as used herein means the price at which a vendor of the same or 26 similar product or service who is regularly engaged in the business of 27 selling such product or service offers to sell such product or service 28 under similar terms in the same market. Costs shall be determined in 29 accordance with an agreement between the commissioner of corrections and 30 community supervision and the director of the budget. 31 b. A purchaser of any such product or service may, at any time prior 32 to or within thirty days of the time of sale, appeal the purchase price 33 in accordance with section one hundred eighty-six of the correction law, 34 on the basis that it unreasonably exceeds fair market price. Such an 35 appeal shall be decided by a majority vote of a three-member price 36 review board consisting of the director of the budget, the commissioner 37 of corrections and community supervision and the commissioner or their 38 representatives. The decision of the review board shall be final. 39 6. Prices charged by agencies for the blind, other [severely] signif- 40 icantly disabled and veterans' workshops. 41 a. (i) Except with respect to the correctional industries program of 42 the department of corrections and community supervision, it shall be the 43 duty of the commissioner to determine, and from time to time review, the 44 prices of all commodities [and to approve the price of all services] 45 provided by preferred sources as specified in this section offered to 46 state agencies, political subdivisions or public benefit corporations 47 having their own purchasing office. 48 (ii) With respect to the purchase of services, it shall be the duty of 49 the commissioner to review and to approve the price of all services 50 offered to be provided by preferred sources in response to the written 51 scope of services issued by the state agency, political subdivision or 52 public benefit corporation. The facilitating entities identified in 53 paragraph e of this subdivision shall provide to the commissioner, with- 54 in a reasonable time following request, sufficient information to deter- 55 mine price reasonableness including but not limited to a pricing appli- 56 cation in the format requested, comparable price information fromA. 3005--B 49 1 private contracts and contracts executed by private vendors accorded 2 preferred source status under a partnering arrangement pursuant to 3 subdivision seven of this section, and, where appropriate, the provider 4 of such information may request that such information be exempted from 5 disclosure in accordance with the provisions of paragraph (a) of subdi- 6 vision five of section eighty-nine of the public officers law. State 7 agencies, political subdivisions, or public benefit corporations may 8 issue a request for information to assist the commissioner in establish- 9 ing prevailing market prices. 10 b. In determining and revising the prices of such commodities or 11 services, consideration shall be given to the reasonable costs of labor, 12 materials and overhead necessarily incurred by such preferred sources 13 under efficient methods of procurement, production, performance and 14 administration; however, the prices of such products and services shall 15 be as close to prevailing market price as practicable, but in no event 16 greater than fifteen percent above, the prevailing market prices among 17 responsive offerors for the same or equivalent commodities or services. 18 c. Such qualified charitable non-profit-making agencies for the blind 19 and other [severely] significantly disabled may make purchases of mate- 20 rials, equipment or supplies, except printed material, from centralized 21 contracts for commodities in accordance with the conditions set by the 22 office of general services; provided that the qualified charitable non- 23 profit-making agency for the blind or other [severely] significantly 24 disabled shall accept sole responsibility for any payment due the 25 vendor. 26 d. Such qualified charitable non-profit-making agencies for the blind 27 and other [severely] significantly disabled may make purchases of mate- 28 rials, equipment and supplies directly from the correctional industries 29 program administered by the commissioner of corrections and community 30 supervision, subject to such rules as may be established from time to 31 time pursuant to the correction law; provided that the qualified chari- 32 table non-profit-making agency for the blind or other [severely] signif- 33 icantly disabled shall accept sole responsibility for any payment due 34 the department of corrections and community supervision. 35 e. The commissioner of the office of children and family services 36 shall appoint the New York state commission for the blind, or other 37 non-profit-making agency, other than the agency representing the other 38 [severely] significantly disabled, to facilitate the distribution of 39 orders among qualified non-profit-making charitable agencies for the 40 blind. The state commissioner of education shall appoint a non-profit- 41 making agency, other than the agency representing the blind, to facili- 42 tate the distribution of orders among qualified non-profit-making chari- 43 table agencies for the other [severely] significantly disabled and the 44 veterans' workshops. [The state commissioner of mental health shall45facilitate the distribution of orders among qualified special employment46programs operated or approved by the office of mental health serving47mentally ill persons.] 48 f. The commissioner may request the state comptroller to conduct 49 audits and examinations to be made of all records, books and data of any 50 agency for the blind or the other [severely] significantly disabled, 51 [any special employment program for mentally ill persons] or any veter- 52 ans' workshops qualified under this section to determine the costs of 53 manufacture or the rendering of services and the manner and efficiency 54 of production and administration of such agency or special employment 55 program or veterans' workshop with relation to any product or services 56 purchased by a state agency or political subdivision or public benefitA. 3005--B 50 1 corporation and to furnish the results of such audit and examination to 2 the commissioner for such action as he or she may deem appropriate under 3 this section. 4 § 2. This act shall take effect on the one hundred eightieth day after 5 it shall have become a law. 6 PART O 7 Section 1. Intentionally omitted. 8 § 2. Intentionally omitted. 9 § 3. Section 95 of the workers' compensation law, as amended by chap- 10 ter 135 of the laws of 1998, is amended to read as follows: 11 § 95. Record and audit of payrolls. (1) Every employer who is insured 12 in the state insurance fund shall keep a true and accurate record of the 13 number of [his] its employees, the classification of its employees, 14 information regarding employee accidents and the wages paid by [him] 15 such employer, as well as such records relating to any person performing 16 services under a subcontract with such employer that is not covered 17 under the subcontractor's own workers' compensation insurance policy, 18 and shall furnish, upon demand, a sworn statement of the same. Such 19 record and any other records of an employer containing such information 20 pertaining to any policy period including, but not limited to, any 21 ledgers, journals, registers, vouchers, contracts, tax returns and 22 reports, payroll and distribution records, and computer programs for 23 retrieving data, certificates of insurance pertaining to subcontractors 24 and any other business records specified by the rules of the board shall 25 be open to inspection by the state insurance fund at any time and as 26 often as may be necessary to verify the number of employees [and], the 27 amount of the payroll, the classification of employees and information 28 regarding employee accidents. Any employer who shall fail to keep 29 [such] any record required in this section, who shall willfully fail to 30 furnish such record or who shall willfully falsify any such record[,] 31 shall be guilty of a misdemeanor and subject to a fine of not less than 32 five thousand dollars nor more than ten thousand dollars in addition to 33 any other penalties otherwise provided by law, except that any such 34 employer that has previously been subject to criminal penalties under 35 this section within the prior ten years shall be guilty of a class E 36 felony, and subject to a fine of not less than ten thousand dollars nor 37 more than twenty-five thousand dollars in addition to any penalties 38 otherwise provided by law. 39 (2) Employers subject to [subdivision] subsection (e) of section two 40 thousand three hundred four of the insurance law and subdivision two of 41 section eighty-nine of this article shall keep a true and accurate 42 record of hours worked for all construction classification employees. 43 The willful failure to keep such record, or the knowing falsification of 44 any such record, may be prosecuted as insurance fraud in accordance with 45 the provisions of section 176.05 of the penal law. 46 § 4. Subdivision 1 of section 131 of the workers' compensation law, as 47 amended by chapter 6 of the laws of 2007, is amended to read as follows: 48 (1) Every employer subject to the provisions of this chapter shall 49 keep a true and accurate record of the number of [his or her] its 50 employees, the classification of its employees, information regarding 51 employee accidents and the wages paid by [him or her] such employer for 52 a period of four years after each entry therein, [which] as well as such 53 records relating to any person performing services under a subcontract 54 of such employer that is not covered under the subcontractor's own work-A. 3005--B 51 1 ers' compensation insurance policy. Such records shall be open to 2 inspection at any time, and as often as may be necessary to verify the 3 same by investigators of the board, by the authorized auditors, account- 4 ants or inspectors of the carrier with whom the employer is insured, or 5 by the authorized auditors, accountants or inspectors of any workers' 6 compensation insurance rating board or bureau operating under the 7 authority of the insurance law and of which board or bureau such carrier 8 is a member or the group trust of which the employer is a member. Any 9 and all records required by law to be kept by such employer upon which 10 the employer makes or files a return concerning wages paid to employees 11 or any other records of an employer containing such information relevant 12 to any policy period including but not limited to, any ledgers, jour- 13 nals, registers, vouchers, contracts, tax returns and reports, payroll 14 and distribution records, and computer programs for retrieving data, 15 certificates of insurance pertaining to subcontractors and any other 16 business records specified by the rules of the board shall form part of 17 the records described in this section and shall be open to inspection in 18 the same manner as provided in this section. Any employer who shall fail 19 to keep such records, who shall willfully fail to furnish such record as 20 required in this section or who shall falsify any such records, shall be 21 guilty of a misdemeanor and subject to a fine of not less than five nor 22 more than ten thousand dollars in addition to any other penalties other- 23 wise provided by law, except that any such employer that has previously 24 been subject to criminal penalties under this section within the prior 25 ten years shall be guilty of a class E felony, and subject to a fine of 26 not less than ten nor more than twenty-five thousand dollars in addition 27 to any penalties otherwise provided by law. 28 § 5. This act shall take effect on the ninetieth day after it shall 29 have become a law and shall be applicable to policies issued or renewed 30 after such date. 31 PART P 32 Intentionally Omitted 33 PART Q 34 Intentionally Omitted 35 PART R 36 Intentionally Omitted 37 PART S 38 Intentionally Omitted 39 PART T 40 Intentionally OmittedA. 3005--B 52 1 PART U 2 Intentionally Omitted 3 PART V 4 Section 1. Section 292 of the executive law is amended by adding a new 5 subdivision 35 to read as follows: 6 35. The term "educational institution", when used in this article, 7 shall mean: 8 (a) any education corporation or association which holds itself out to 9 the public to be non-sectarian and exempt from taxation pursuant to the 10 provisions of article four of the real property tax law; or 11 (b) any public school, including any school district, board of cooper- 12 ative educational services, public college, or public university. 13 § 2. Subdivision 4 of section 296 of the executive law, as amended by 14 chapter 106 of the laws of 2003, is amended to read as follows: 15 4. It shall be an unlawful discriminatory practice for an [education16corporation or association which holds itself out to the public to be17non-sectarian and exempt from taxation pursuant to the provisions of18article four of the real property tax law] educational institution to 19 deny the use of its facilities to any person otherwise qualified, or to 20 permit the harassment of any student or applicant, by reason of his 21 race, color, religion, disability, national origin, sexual orientation, 22 military status, sex, age or marital status, except that any such insti- 23 tution which establishes or maintains a policy of educating persons of 24 one sex exclusively may admit students of only one sex. 25 § 3. This act shall take effect immediately. 26 PART W 27 Intentionally Omitted 28 PART X 29 Section 1. Paragraph (a) of subdivision 2 of section 438 of the 30 economic development law, as added by section 1 of part A of chapter 68 31 of the laws of 2013, is amended to read as follows: 32 (a) The commissioner shall prepare an annual report to the governor 33 and the legislature commencing on January first, two thousand eighteen 34 and annually thereafter. Such report shall include the number of busi- 35 ness applicants, number of businesses approved, the names and addresses 36 of the businesses located within a tax-free NY area, total amount of 37 benefits distributed, benefits received per business, number of net new 38 jobs created, net new jobs created per business, new investment per 39 business, the types of industries represented and such other information 40 as the commissioner determines is necessary to evaluate the progress of 41 the START-UP NY program. Such report shall, at a minimum, include annual 42 program data and information attributable solely to the preceding twelve 43 month period. In addition, the report shall include cumulative annual 44 program data including all net new jobs previously recorded, adjusted 45 for net new jobs which have been subsequently lost. Cumulative data 46 shall be presented separate and distinct from annual program dataA. 3005--B 53 1 reporting. Such report shall be posted as a separate document on the 2 department's website. 3 § 2. This act shall take effect immediately. 4 PART Y 5 Section 1. Section 522 of the labor law, as amended by chapter 720 of 6 the laws of 1953, is amended to read as follows: 7 § 522. Total unemployment and partial unemployment. "Total unemploy- 8 ment" means the total lack of any employment [on any day] during any 9 week. "Partial employment" means any employment during any week that is 10 less than full-time employment so long as the compensation paid is less 11 than the claimant's weekly benefit rate plus the claimant's partial 12 benefit credit. The term "employment" as used in this section means any 13 employment including that not defined in this title. 14 § 2. Section 523 of the labor law is REPEALED and a new section 523 is 15 added to read as follows: 16 § 523. Effective week. "Effective week" means (a) a week during which 17 a claimant performs no services for which the claimant is paid compen- 18 sation, or (b) a week during which a claimant performs services on a 19 part-time basis for which the claimant is paid compensation that is less 20 than the claimant's weekly benefit rate plus his or her partial benefit 21 credit. 22 § 3. The labor law is amended by adding a new section 525 to read as 23 follows: 24 § 525. Partial benefit credit. "Partial benefit credit" means that 25 part of the compensation, if any, paid to a claimant with respect to a 26 week for which benefits are claimed under the provisions of this law 27 which is not in excess of fifty per centum of the individual's weekly 28 benefit rate, or one hundred dollars, whichever is the greater. Such 29 partial benefit credit, if not a multiple of one dollar, shall be 30 computed to the next higher multiple of one dollar. 31 § 4. Subdivision 4 of section 527 of the labor law, as amended by 32 chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the 33 laws of 1984, is amended to read as follows: 34 4. General condition. A valid original claim may be filed only in a 35 week [in which the claimant has at least one effective day of unemploy-36ment] that qualifies as an effective week of unemployment for the claim- 37 ant. 38 § 5. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581 39 of the labor law, as amended by chapter 282 of the laws of 2002 and 40 clause (v) as added by chapter 106 of the laws of 2007, is amended to 41 read as follows: 42 (2) Benefits payable to any claimant with respect to the claimant's 43 then current benefit year shall be charged, when paid, to the account of 44 the last employer prior to the filing of a valid original claim in an 45 amount equal to seven times the claimant's benefit rate. Thereafter, 46 such charges shall be made to the account of each employer in the base 47 period used to establish the valid original claim in the same proportion 48 that the remuneration paid by each employer to the claimant during that 49 base period bears to the remuneration paid by all employers to the 50 claimant during that base period except as provided below: 51 (i) In those instances where the claimant may not utilize wages paid 52 to establish entitlement based upon subdivision ten of section five 53 hundred ninety of this article and an educational institution is the 54 claimant's last employer prior to the filing of the claim for benefits,A. 3005--B 54 1 or the claimant performed services in such educational institution in 2 such capacity while employed by an educational service agency which is 3 the claimant's last employer prior to the filing of the claim for bene- 4 fits, such employer shall not be liable for benefit charges for the 5 first [twenty-eight effective days] seven effective weeks of benefits 6 paid as otherwise provided by this section. Under such circumstances, 7 benefits paid shall be charged to the general account. In addition, 8 wages paid during the base period by such educational institutions, or 9 for services in such educational institutions for claimants employed by 10 an educational service agency shall not be considered base period wages 11 during periods that such wages may not be used to gain entitlement to 12 benefits pursuant to subdivision ten of section five hundred ninety of 13 this article. 14 (ii) In those instances where the claimant may not utilize wages paid 15 to establish entitlement based upon subdivision eleven of section five 16 hundred ninety of this article and an educational institution is the 17 claimant's last employer prior to the filing of the claim for benefits, 18 or the claimant performed services in such educational institution in 19 such capacity while employed by an educational service agency which is 20 the claimant's last employer prior to the filing of the claim for bene- 21 fits, such employer shall not be liable for benefit charges for the 22 first [twenty-eight effective days] seven effective weeks of benefits 23 paid as otherwise provided by this section. Under such circumstances, 24 benefits paid will be charged to the general account. In addition, wages 25 paid during the base period by such educational institutions, or for 26 services in such educational institutions for claimants employed by an 27 educational service agency shall not be considered base period wages 28 during periods that such wages may not be used to gain entitlement to 29 benefits pursuant to subdivision eleven of section five hundred ninety 30 of this article. However, in those instances where a claimant was not 31 afforded an opportunity to perform services for the educational institu- 32 tion for the next academic year or term after reasonable assurance was 33 provided, such employer shall be liable for benefit charges as provided 34 for in this paragraph for any retroactive payments made to the claimant. 35 (iii) In those instances where the federal government is the claim- 36 ant's last employer prior to the filing of the claim for benefits and 37 such employer is not a base-period employer, payments equaling the first 38 [twenty-eight effective days] seven effective weeks of benefits as 39 otherwise prescribed by this section shall be charged to the general 40 account. In those instances where the federal government is the claim- 41 ant's last employer prior to the filing of the claim for benefits and a 42 base-period employer, such employer shall be liable for charges for all 43 benefits paid on such claim in the same proportion that the remuneration 44 paid by such employer during the base period bears to the remuneration 45 paid by all employers during the base period. In addition, benefit 46 payment charges for the first [twenty-eight effective days] seven effec- 47 tive weeks of benefits other than those chargeable to the federal 48 government as prescribed above shall be made to the general account. 49 (iv) In those instances where a combined wage claim is filed pursuant 50 to interstate reciprocal agreements and the claimant's last employer 51 prior to the filing of the claim is an out-of-state employer and such 52 employer is not a base-period employer, benefit payments equaling the 53 first [twenty-eight effective days] seven effective weeks of benefits as 54 otherwise prescribed by this section shall be charged to the general 55 account. In those instances where the out-of-state employer is the last 56 employer prior to the filing of the claim for benefits and a base-periodA. 3005--B 55 1 employer such employer shall be liable for charges for all benefits paid 2 on such claim in the same proportion that the remuneration paid by such 3 employer during the base period bears to the remuneration paid by all 4 employers during the base period. In addition, benefit payment charges 5 for the [twenty-eight effective days] seven effective weeks of benefits 6 other than those chargeable to the out-of-state employer as prescribed 7 above shall be made to the general account. 8 (v) In those instances where the last employer prior to the filing of 9 a valid original claim has paid total remuneration to the claimant 10 during the period from the start of the base period used to establish 11 the benefit claim until the date of the claimant's filing of the valid 12 original claim in an amount less than or equal to six times the claim- 13 ant's benefit rate and the last employer has substantiated such amount 14 to the satisfaction of the commissioner within ten days of the commis- 15 sioner's original notice of potential charges to such last employer's 16 account, benefits shall be charged as follows: benefits payable to the 17 claimant with respect to the claimant's then current benefit year shall 18 be charged, when paid, to the account of such last employer prior to the 19 filing of a valid original claim in an amount equal to the lowest whole 20 number (one, two, three, four, five, or six) times the claimant's bene- 21 fit rate where the product of such lowest whole number times the claim- 22 ant's benefit rate is equal to or greater than such total remuneration 23 paid by such last employer to the claimant. Thereafter, such charges 24 shall be made to the account of each employer in the base period used to 25 establish the valid original claim in the same proportion that the 26 remuneration paid by each employer to the claimant during that base 27 period bears to the remuneration paid by all employers to the claimant 28 during that base period. Notice of such recalculation of potential 29 charges shall be given to the last employer and each employer of the 30 claimant in the base period used to establish the valid original claim. 31 § 6. Subdivision 1 of section 590 of the labor law, as amended by 32 chapter 645 of the laws of 1951, is amended to read as follows: 33 1. Entitlement to benefits. A claimant shall be entitled to accumulate 34 effective [days] weeks for the purpose of benefit rights only if he has 35 complied with the provisions of this article regarding the filing of his 36 claim, including the filing of a valid original claim, registered as 37 totally or partially unemployed, reported his subsequent employment and 38 unemployment, and reported for work or otherwise given notice of the 39 continuance of his unemployment. 40 § 7. Subdivision 3 of section 590 of the labor law, as amended by 41 chapter 645 of the laws of 1951, is amended to read as follows: 42 3. Compensable periods. Benefits shall be paid for each [accumulation43of] effective [days within a] week. 44 § 8. Subdivision 4 of section 590 of the labor law, as amended by 45 chapter 457 of the laws of 1987, is amended to read as follows: 46 4. Duration. Benefits shall not be paid [for more than one hundred and47four effective days] in an amount greater than twenty-six times the 48 claimant's weekly benefit rate in any benefit year, except as provided 49 in section six hundred one and subdivision two of section five hundred 50 ninety-nine of this chapter. 51 § 9. Subdivision 5 of section 590 of the labor law is amended by 52 adding two new paragraphs (c) and (d) to read as follows: 53 (c) Benefit for partial unemployment. Except as provided in paragraph 54 (d) of this subdivision, any claimant who is partially unemployed with 55 respect to any effective week shall be paid, with respect to such effec- 56 tive week, a benefit equal to his weekly benefit rate less the total ofA. 3005--B 56 1 the remuneration, if any, paid or payable to him with respect to such 2 week for services performed which is in excess of his partial benefit 3 credit. 4 (d) Benefit for partial unemployment for certain claimants working one 5 day in a week. Any claimant who is partially unemployed with respect to 6 any effective week but whose employment is limited to one day during 7 that effective week and whose remuneration paid or payable to him with 8 respect to such week for services performed is less than his weekly 9 benefit rate shall be paid, with respect to such effective week, a bene- 10 fit equal to three-quarters of his weekly benefit rate, or if higher, 11 the benefit calculated pursuant to paragraph (c) of this subdivision. 12 § 10. Subdivision 6 of section 590 of the labor law, as added by chap- 13 ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws 14 of 1977, is amended to read as follows: 15 6. Notification requirement. No effective [day] week shall be counted 16 for any purposes except effective [days] weeks as to which notification 17 has been given in a manner prescribed by the commissioner. 18 § 11. Subdivision 7 of section 590 of the labor law, as amended by 19 chapter 415 of the laws of 1983, is amended to read as follows: 20 7. Waiting period. A claimant shall not be entitled to accumulate 21 effective [days] weeks for the purpose of benefit payments until he has 22 accumulated a waiting period of [four effective days either wholly with-23in the week in which he established his valid original claim or partly24within such week and partly within his benefit year initiated by such25claim] one effective week. 26 § 12. Subdivision 1 of section 591 of the labor law, as amended by 27 chapter 413 of the laws of 2003, is amended to read as follows: 28 1. Unemployment. Benefits, except as provided in section five hundred 29 ninety-one-a of this title, shall be paid only to a claimant who is 30 totally unemployed or partially unemployed and who is unable to engage 31 in his usual employment or in any other for which he is reasonably 32 fitted by training and experience. A claimant who is receiving benefits 33 under this article shall not be denied such benefits pursuant to this 34 subdivision or to subdivision two of this section because of such claim- 35 ant's service on a grand or petit jury of any state or of the United 36 States. 37 § 13. Subdivision 1 of section 591 of the labor law, as amended by 38 chapter 446 of the laws of 1981, is amended to read as follows: 39 1. Unemployment. Benefits shall be paid only to a claimant who is 40 totally unemployed or partially unemployed and who is unable to engage 41 in his usual employment or in any other for which he is reasonably 42 fitted by training and experience. A claimant who is receiving benefits 43 under this article shall not be denied such benefits pursuant to this 44 subdivision or to subdivision two of this section because of such claim- 45 ant's service on a grand or petit jury of any state or of the United 46 States. 47 § 14. Paragraph (a) of subdivision 3 of section 591 of the labor law 48 is REPEALED and a new paragraph (a) is added to read as follows: 49 (a) Compensation paid to a claimant for any day during a paid vacation 50 period, or for a paid holiday, shall be considered compensation from 51 employment. 52 § 15. Subparagraph (i) of paragraph (b) of subdivision 2 of section 53 591-a of the labor law, as amended by section 14 of part O of chapter 57 54 of the laws of 2013, is amended to read as follows: 55 (i) requirements relating to total unemployment and partial unemploy- 56 ment, as defined in section five hundred twenty-two of this article,A. 3005--B 57 1 availability for work and search for work, as set forth in subdivision 2 two of section five hundred ninety-one of this title and refusal to 3 accept work, as set forth in subdivision two of section five hundred 4 ninety-three of this title, are not applicable to such individuals; 5 § 16. Subdivision 2 of section 592 of the labor law, as amended by 6 chapter 415 of the laws of 1983, is amended to read as follows: 7 2. Concurrent payments prohibited. No [days] weeks of total unemploy- 8 ment or partial unemployment shall be deemed to occur in any week with 9 respect to which [or a part of which] a claimant has received or is 10 seeking unemployment benefits under an unemployment compensation law of 11 any other state or of the United States, provided that this provision 12 shall not apply if the appropriate agency of such other state or of the 13 United States finally determines that he is not entitled to such unem- 14 ployment benefits. 15 § 17. Paragraph (a) of subdivision 1 of section 593 of the labor law, 16 as amended by section 15 of part O of chapter 57 of the laws of 2013, is 17 amended to read as follows: 18 (a) No [days] weeks of total unemployment or partial unemployment 19 shall be deemed to occur after a claimant's voluntary separation without 20 good cause from employment until he or she has subsequently worked in 21 employment and earned remuneration at least equal to ten times his or 22 her weekly benefit rate. In addition to other circumstances that may be 23 found to constitute good cause, including a compelling family reason as 24 set forth in paragraph (b) of this subdivision, voluntary separation 25 from employment shall not in itself disqualify a claimant if circum- 26 stances have developed in the course of such employment that would have 27 justified the claimant in refusing such employment in the first instance 28 under the terms of subdivision two of this section or if the claimant, 29 pursuant to an option provided under a collective bargaining agreement 30 or written employer plan which permits waiver of his or her right to 31 retain the employment when there is a temporary layoff because of lack 32 of work, has elected to be separated for a temporary period and the 33 employer has consented thereto. 34 § 18. The opening paragraph of subdivision 2 of section 593 of the 35 labor law, as amended by section 15 of part O of chapter 57 of the laws 36 of 2013, is amended to read as follows: 37 No [days] weeks of total unemployment or partial unemployment shall be 38 deemed to occur beginning with the [day on] week in which a claimant, 39 without good cause, refuses to accept an offer of employment for which 40 he or she is reasonably fitted by training and experience, including 41 employment not subject to this article, until he or she has subsequently 42 worked in employment and earned remuneration at least equal to ten times 43 his or her weekly benefit rate. Except that claimants who are not 44 subject to a recall date or who do not obtain employment through a union 45 hiring hall and who are still unemployed after receiving ten weeks of 46 benefits shall be required to accept any employment proffered that such 47 claimants are capable of performing, provided that such employment would 48 result in a wage not less than eighty percent of such claimant's high 49 calendar quarter wages received in the base period and not substantially 50 less than the prevailing wage for similar work in the locality as 51 provided for in paragraph (d) of this subdivision. No refusal to accept 52 employment shall be deemed without good cause nor shall it disqualify 53 any claimant otherwise eligible to receive benefits if: 54 § 19. Subdivision 3 of section 593 of the labor law, as amended by 55 section 15 of part O of chapter 57 of the laws of 2013, is amended to 56 read as follows:A. 3005--B 58 1 3. Misconduct. No [days] weeks of total unemployment or partial unem- 2 ployment shall be deemed to occur after a claimant lost employment 3 through misconduct in connection with his or her employment until he or 4 she has subsequently worked in employment and earned remuneration at 5 least equal to ten times his or her weekly benefit rate. 6 § 20. Subdivision 4 of section 593 of the labor law, as amended by 7 chapter 589 of the laws of 1998, is amended to read as follows: 8 4. Criminal acts. No [days] weeks of total unemployment or partial 9 unemployment shall be deemed to occur during a period of twelve months 10 after a claimant loses employment as a result of an act constituting a 11 felony in connection with such employment, provided the claimant is duly 12 convicted thereof or has signed a statement admitting that he or she has 13 committed such an act. Determinations regarding a benefit claim may be 14 reviewed at any time. Any benefits paid to a claimant prior to a deter- 15 mination that the claimant has lost employment as a result of such act 16 shall not be considered to have been accepted by the claimant in good 17 faith. In addition, remuneration paid to the claimant by the affected 18 employer prior to the claimant's loss of employment due to such criminal 19 act may not be utilized for the purpose of establishing entitlement to a 20 subsequent, valid original claim. The provisions of this subdivision 21 shall apply even if the employment lost as a result of such act is not 22 the claimant's last employment prior to the filing of his or her claim. 23 § 21. Subdivisions 1 and 2 of section 594 of the labor law, as amended 24 by section 16 of part O of chapter 57 of the laws of 2013, are amended 25 to read as follows: 26 (1) A claimant who has wilfully made a false statement or represen- 27 tation to obtain any benefit under the provisions of this article shall 28 forfeit benefits for at least the first [four] one but not more than the 29 first [eighty] twenty effective [days] weeks following discovery of such 30 offense for which he or she otherwise would have been entitled to 31 receive benefits. Such penalty shall apply only once with respect to 32 each such offense. 33 (2) For the purpose of subdivision four of section five hundred ninety 34 of this article, the claimant shall be deemed to have received benefits 35 for such forfeited effective [days] weeks. 36 § 22. Subdivision 1 of section 596 of the labor law, as amended by 37 chapter 204 of the laws of 1982, is amended to read as follows: 38 1. Claim filing and certification to unemployment. A claimant shall 39 file a claim for benefits at the local state employment office serving 40 the area in which he was last employed or in which he resides within 41 such time and in such manner as the commissioner shall prescribe. He 42 shall disclose whether he owes child support obligations, as hereafter 43 defined. If a claimant making such disclosure is eligible for benefits, 44 the commissioner shall notify the state or local child support enforce- 45 ment agency, as hereafter defined, that the claimant is eligible. 46 A claimant shall correctly report any [days] weeks of employment and 47 any compensation he received for such employment, including employments 48 not subject to this article, and the [days on] weeks during which he was 49 totally unemployed or partially unemployed and shall make such reports 50 in accordance with such regulations as the commissioner shall prescribe. 51 § 23. Subdivision 4 of section 596 of the labor law, as added by chap- 52 ter 705 of the laws of 1944, as renumbered by section 148-a of part B of 53 chapter 436 of the laws of 1997 and such section as renumbered by chap- 54 ter 663 of the laws of 1946, is amended to read as follows: 55 4. Registration and reporting for work. A claimant shall register as 56 totally unemployed or partially unemployed at a local state employmentA. 3005--B 59 1 office serving the area in which he was last employed or in which he 2 resides in accordance with such regulations as the commissioner shall 3 prescribe. After so registering, such claimant shall report for work at 4 the same local state employment office or otherwise give notice of the 5 continuance of his unemployment as often and in such manner as the 6 commissioner shall prescribe. 7 § 24. Paragraph (a) of subdivision 2 of section 599 of the labor law, 8 as amended by chapter 593 of the laws of 1991, is amended to read as 9 follows: 10 (a) Notwithstanding any other provision of this chapter, a claimant 11 attending an approved training course or program under this section may 12 receive additional benefits of up to [one hundred four] twenty-six 13 effective [days] weeks following exhaustion of regular and, if in 14 effect, any other extended benefits, provided that entitlement to a new 15 benefit claim cannot be established. Certification of continued satis- 16 factory participation and progress in such training course or program 17 must be submitted to the commissioner prior to the payment of any such 18 benefits. The duration of such additional benefits shall in no case 19 exceed twice the number of effective [days] weeks of regular benefits to 20 which the claimant is entitled at the time the claimant is accepted in, 21 or demonstrates application for appropriate training. 22 § 25. The opening paragraph and paragraph (e) of subdivision 2 of 23 section 601 of the labor law, as amended by chapter 35 of the laws of 24 2009, are amended to read as follows: 25 Extended benefits shall be payable to a claimant for effective [days] 26 weeks occurring [in any week] within an eligibility period, provided the 27 claimant 28 (e) is not claiming benefits pursuant to an interstate claim filed 29 under the interstate benefit payment plan in a state where an extended 30 benefit period is not in effect, except that this condition shall not 31 apply with respect to the first [eight] two effective [days] weeks for 32 which extended benefits shall otherwise be payable pursuant to an inter- 33 state claim filed under the interstate benefit payment plan; and 34 § 26. Paragraphs (b) and (c) of subdivision 3 of section 601 of the 35 labor law, as amended by chapter 35 of the laws of 2009, are amended to 36 read as follows: 37 (b) for not more than [fifty-two] thirteen effective [days] weeks with 38 respect to his or her applicable benefit year, with a total maximum 39 amount equal to fifty percentum of the total maximum amount of regular 40 benefits payable in such benefit year, and 41 (c) if a claimant's benefit year ends within an extended benefit peri- 42 od, the remaining balance of extended benefits to which he or she would 43 be entitled, if any, shall be reduced by the number of effective [days] 44 weeks for which he or she was entitled to receive trade readjustment 45 allowances under the federal trade act of nineteen hundred seventy-four 46 during such benefit year, and 47 § 27. Subdivision 4 of section 601 of the labor law, as amended by 48 chapter 35 of the laws of 2009, is amended to read as follows: 49 4. Charging of extended benefits. The provisions of paragraph (e) of 50 subdivision one of section five hundred eighty-one of this article shall 51 apply to benefits paid pursuant to the provisions of this section, and 52 if they were paid for effective [days occurring in] weeks following the 53 end of a benefit year, they shall be deemed paid with respect to that 54 benefit year. However, except for governmental entities as defined in 55 section five hundred sixty-five and Indian tribes as defined in section 56 five hundred sixty-six of this article, only one-half of the amount ofA. 3005--B 60 1 such benefits shall be debited to the employers' account; the remainder 2 thereof shall be debited to the general account, and such account shall 3 be credited with the amount of payments received in the fund pursuant to 4 the provisions of the federal-state extended unemployment compensation 5 act. Notwithstanding the foregoing, where the state has entered an 6 extended benefit period triggered pursuant to subparagraph one of para- 7 graph (a) of subdivision one of this section for which federal law 8 provides for one hundred percent federal sharing of the costs of bene- 9 fits, all charges shall be debited to the general account and such 10 account shall be credited with the amount of payments received in the 11 fund pursuant to the provisions of the federal-state extended unemploy- 12 ment compensation act or other federal law providing for one hundred 13 percent federal sharing for the cost of such benefits. 14 § 28. Paragraph (b) of subdivision 5 of section 601 of the labor law, 15 as amended by chapter 35 of the laws of 2009, is amended to read as 16 follows: 17 (b) No [days] weeks of total unemployment or partial unemployment 18 shall be deemed to occur [in any week] within an eligibility period 19 during which a claimant fails to accept any offer of suitable work or 20 fails to apply for suitable work to which he or she was referred by the 21 commissioner, who shall make such referral if such work is available, or 22 during which he or she fails to engage actively in seeking work by 23 making a systematic and sustained effort to obtain work and providing 24 tangible evidence of such effort, and until he or she has worked in 25 employment during at least four subsequent weeks and earned remuneration 26 of at least four times his or her benefit rate. 27 § 29. Paragraph (e) of subdivision 5 of section 601 of the labor law, 28 as amended by chapter 35 of the laws of 2009, is amended to read as 29 follows: 30 (e) No [days] weeks of total unemployment or partial unemployment 31 shall be deemed to occur [in any week] within an eligibility period 32 under section five hundred ninety-three of this article, until he or she 33 has subsequently worked in employment in accordance with the require- 34 ments set forth in section five hundred ninety-three of this article. 35 § 30. Section 603 of the labor law, as amended by section 21 of part O 36 of chapter 57 of the laws of 2013, is amended to read as follows: 37 § 603. Definitions. For purposes of this title: "Total unemployment" 38 shall mean the total lack of any employment [on any day] during any week 39 and "partial unemployment" shall mean any employment during any week 40 that is less than full-time employment so long as the compensation paid 41 is less than the claimant's weekly benefit rate plus the claimant's 42 partial benefit credit, other than with an employer applying for a 43 shared work program. "Work force" shall mean the total work force, a 44 clearly identifiable unit or units thereof, or a particular shift or 45 shifts. The work force subject to reduction shall consist of no less 46 than two employees. 47 § 31. This act shall take effect immediately, provided that the amend- 48 ments to subdivision 1 of section 591 of the labor law made by section 49 twelve of this act shall be subject to the expiration and reversion of 50 such subdivision pursuant to section 10 of chapter 413 of the laws of 51 2003, as amended, when upon such date the provisions of section thirteen 52 of this act shall take effect; provided further that the amendments to 53 section 591-a of the labor law made by section fifteen of this act shall 54 not affect the repeal of such section and shall be deemed repealed ther- 55 ewith.A. 3005--B 61 1 PART Z 2 Section 1. The state comptroller is hereby authorized and directed to 3 loan money in accordance with the provisions set forth in subdivision 5 4 of section 4 of the state finance law to the following funds and/or 5 accounts: 6 1. Proprietary vocational school supervision account (20452). 7 2. Local government records management account (20501). 8 3. Child health plus program account (20810). 9 4. EPIC premium account (20818). 10 5. Education - New (20901). 11 6. VLT - Sound basic education fund (20904). 12 7. Sewage treatment program management and administration fund 13 (21000). 14 8. Hazardous bulk storage account (21061). 15 9. Federal grants indirect cost recovery account (21065). 16 10. Low level radioactive waste account (21066). 17 11. Recreation account (21067). 18 12. Public safety recovery account (21077). 19 13. Environmental regulatory account (21081). 20 14. Natural resource account (21082). 21 15. Mined land reclamation program account (21084). 22 16. Great lakes restoration initiative account (21087). 23 17. Environmental protection and oil spill compensation fund (21200). 24 18. Public transportation systems account (21401). 25 19. Metropolitan mass transportation (21402). 26 20. Operating permit program account (21451). 27 21. Mobile source account (21452). 28 22. Statewide planning and research cooperative system account 29 (21902). 30 23. New York state thruway authority account (21905). 31 24. Mental hygiene program fund account (21907). 32 25. Mental hygiene patient income account (21909). 33 26. Financial control board account (21911). 34 27. Regulation of racing account (21912). 35 28. New York Metropolitan Transportation Council account (21913). 36 29. State university dormitory income reimbursable account (21937). 37 30. Criminal justice improvement account (21945). 38 31. Environmental laboratory reference fee account (21959). 39 32. Clinical laboratory reference system assessment account (21962). 40 33. Indirect cost recovery account (21978). 41 34. High school equivalency program account (21979). 42 35. Multi-agency training account (21989). 43 36. Interstate reciprocity for post-secondary distance education 44 account (23800). 45 37. Bell jar collection account (22003). 46 38. Industry and utility service account (22004). 47 39. Real property disposition account (22006). 48 40. Parking account (22007). 49 41. Asbestos safety training program account (22009). 50 42. Batavia school for the blind account (22032). 51 43. Investment services account (22034). 52 44. Surplus property account (22036). 53 45. Financial oversight account (22039). 54 46. Regulation of Indian gaming account (22046). 55 47. Rome school for the deaf account (22053).A. 3005--B 62 1 48. Seized assets account (22054). 2 49. Administrative adjudication account (22055). 3 50. Federal salary sharing account (22056). 4 51. New York City assessment account (22062). 5 52. Cultural education account (22063). 6 53. Local services account (22078). 7 54. DHCR mortgage servicing account (22085). 8 55. Department of motor vehicles compulsory insurance account (22087). 9 56. Housing indirect cost recovery account (22090). 10 57. DHCR-HCA application fee account (22100). 11 58. Low income housing monitoring account (22130). 12 59. Corporation administration account (22135). 13 60. Montrose veteran's home account (22144). 14 61. Deferred compensation administration account (22151). 15 62. Rent revenue other New York City account (22156). 16 63. Rent revenue account (22158). 17 64. Tax revenue arrearage account (22168). 18 65. State university general income offset account (22654). 19 66. Lake George park trust fund account (22751). 20 67. State police motor vehicle law enforcement account (22802). 21 68. Highway safety program account (23001). 22 69. DOH drinking water program account (23102). 23 70. NYCCC operating offset account (23151). 24 71. Commercial gaming revenue account (23701). 25 72. Commercial gaming regulation account (23702). 26 73. Highway use tax administration account (23801). 27 74. Highway and bridge capital account (30051). 28 75. Aviation purpose account (30053). 29 76. State university residence hall rehabilitation fund (30100). 30 77. State parks infrastructure account (30351). 31 78. Clean water/clean air implementation fund (30500). 32 79. Hazardous waste remedial cleanup account (31506). 33 80. Youth facilities improvement account (31701). 34 81. Housing assistance fund (31800). 35 82. Housing program fund (31850). 36 83. Highway facility purpose account (31951). 37 84. Information technology capital financing account (32215). 38 85. New York racing account (32213). 39 86. Capital miscellaneous gifts account (32214). 40 87. New York environmental protection and spill remediation account. 41 88. Mental hygiene facilities capital improvement fund (32300). 42 89. Correctional facilities capital improvement fund (32350). 43 90. New York State Storm Recovery Capital Fund (33000). 44 91. OGS convention center account (50318). 45 92. Empire Plaza Gift Shop (50327). 46 93. Centralized services fund (55000). 47 94. Archives records management account (55052). 48 95. Federal single audit account (55053). 49 96. Civil service EHS occupational health program account (55056). 50 97. Banking services account (55057). 51 98. Cultural resources survey account (55058). 52 99. Neighborhood work project account (55059). 53 100. Automation & printing chargeback account (55060). 54 101. OFT NYT account (55061). 55 102. Data center account (55062). 56 103. Intrusion detection account (55066).A. 3005--B 63 1 104. Domestic violence grant account (55067). 2 105. Centralized technology services account (55069). 3 106. Labor contact center account (55071). 4 107. Human services contact center account (55072). 5 108. Tax contact center account (55073). 6 109. Executive direction internal audit account (55251). 7 110. CIO Information technology centralized services account (55252). 8 111. Health insurance internal service account (55300). 9 112. Civil service employee benefits division administrative account 10 (55301). 11 113. Correctional industries revolving fund (55350). 12 114. Employees health insurance account (60201). 13 115. Medicaid management information system escrow fund (60900). 14 § 1-a. The state comptroller is hereby authorized and directed to loan 15 money in accordance with the provisions set forth in subdivision 5 of 16 section 4 of the state finance law to any account within the following 17 federal funds, provided the comptroller has made a determination that 18 sufficient federal grant award authority is available to reimburse such 19 loans: 20 1. Federal USDA-food and nutrition services fund (25000). 21 2. Federal health and human services fund (25100). 22 3. Federal education fund (25200). 23 4. Federal block grant fund (25250). 24 5. Federal miscellaneous operating grants fund (25300). 25 6. Federal unemployment insurance administration fund (25900). 26 7. Federal unemployment insurance occupational training fund (25950). 27 8. Federal emergency employment act fund (26000). 28 9. Federal capital projects fund (31350). 29 § 2. Notwithstanding any law to the contrary, and in accordance with 30 section 4 of the state finance law, the comptroller is hereby authorized 31 and directed to transfer, upon request of the director of the budget, on 32 or before March 31, 2018, up to the unencumbered balance or the follow- 33 ing amounts: 34 Economic Development and Public Authorities: 35 1. $175,000 from the miscellaneous special revenue fund, underground 36 facilities safety training account (22172), to the general fund. 37 2. An amount up to the unencumbered balance from the miscellaneous 38 special revenue fund, business and licensing services account (21977), 39 to the general fund. 40 3. $14,810,000 from the miscellaneous special revenue fund, code 41 enforcement account (21904), to the general fund. 42 4. $3,000,000 from the general fund to the miscellaneous special 43 revenue fund, tax revenue arrearage account (22168). 44 Education: 45 1. $2,394,714,000 from the general fund to the state lottery fund, 46 education account (20901), as reimbursement for disbursements made from 47 such fund for supplemental aid to education pursuant to section 92-c of 48 the state finance law that are in excess of the amounts deposited in 49 such fund for such purposes pursuant to section 1612 of the tax law. 50 2. $966,634,000 from the general fund to the state lottery fund, VLT 51 education account (20904), as reimbursement for disbursements made from 52 such fund for supplemental aid to education pursuant to section 92-c of 53 the state finance law that are in excess of the amounts deposited in 54 such fund for such purposes pursuant to section 1612 of the tax law. 55 3. Moneys from the state lottery fund (20900) up to an amount deposit- 56 ed in such fund pursuant to section 1612 of the tax law in excess of theA. 3005--B 64 1 current year appropriation for supplemental aid to education pursuant to 2 section 92-c of the state finance law. 3 4. $300,000 from the New York state local government records manage- 4 ment improvement fund, local government records management account 5 (20501), to the New York state archives partnership trust fund, archives 6 partnership trust maintenance account (20351). 7 5. $900,000 from the general fund to the miscellaneous special revenue 8 fund, Batavia school for the blind account (22032). 9 6. $900,000 from the general fund to the miscellaneous special revenue 10 fund, Rome school for the deaf account (22053). 11 7. $343,400,000 from the state university dormitory income fund 12 (40350) to the miscellaneous special revenue fund, state university 13 dormitory income reimbursable account (21937). 14 8. $20,000,000 from any of the state education department special 15 revenue and internal service funds to the miscellaneous special revenue 16 fund, indirect cost recovery account (21978). 17 9. $8,318,000 from the general fund to the state university income 18 fund, state university income offset account (22654), for the state's 19 share of repayment of the STIP loan. 20 10. $40,000,000 from the state university income fund, state universi- 21 ty hospitals income reimbursable account (22656) to the general fund for 22 hospital debt service for the period April 1, 2017 through March 31, 23 2018. 24 11. An amount up to $13,540,000 from the general fund to the state 25 university income fund, state university general revenue account 26 (22653). 27 Environmental Affairs: 28 1. $16,000,000 from any of the department of environmental conserva- 29 tion's special revenue federal funds to the environmental conservation 30 special revenue fund, federal indirect recovery account (21065). 31 2. $5,000,000 from any of the department of environmental conserva- 32 tion's special revenue federal funds to the conservation fund (21150) as 33 necessary to avoid diversion of conservation funds. 34 3. $3,000,000 from any of the office of parks, recreation and historic 35 preservation capital projects federal funds and special revenue federal 36 funds to the miscellaneous special revenue fund, federal grant indirect 37 cost recovery account (22188). 38 4. $1,000,000 from any of the office of parks, recreation and historic 39 preservation special revenue federal funds to the miscellaneous special 40 revenue fund, I love NY water account (21930). 41 5. $28,000,000 from the general fund to the environmental protection 42 fund, environmental protection fund transfer account (30451). 43 6. $1,800,000 from the general fund to the hazardous waste remedial 44 fund, hazardous waste oversight and assistance account (31505). 45 Family Assistance: 46 1. $7,000,000 from any of the office of children and family services, 47 office of temporary and disability assistance, or department of health 48 special revenue federal funds and the general fund, in accordance with 49 agreements with social services districts, to the miscellaneous special 50 revenue fund, office of human resources development state match account 51 (21967). 52 2. $4,000,000 from any of the office of children and family services 53 or office of temporary and disability assistance special revenue federal 54 funds to the miscellaneous special revenue fund, family preservation and 55 support services and family violence services account (22082).A. 3005--B 65 1 3. $18,670,000 from any of the office of children and family services, 2 office of temporary and disability assistance, or department of health 3 special revenue federal funds and any other miscellaneous revenues 4 generated from the operation of office of children and family services 5 programs to the general fund. 6 4. $140,000,000 from any of the office of temporary and disability 7 assistance or department of health special revenue funds to the general 8 fund. 9 5. $2,500,000 from any of the office of temporary and disability 10 assistance special revenue funds to the miscellaneous special revenue 11 fund, office of temporary and disability assistance program account 12 (21980). 13 6. $7,400,000 from any of the office of children and family services, 14 office of temporary and disability assistance, department of labor, and 15 department of health special revenue federal funds to the office of 16 children and family services miscellaneous special revenue fund, multi- 17 agency training contract account (21989). 18 7. $65,000,000 from the miscellaneous special revenue fund, youth 19 facility per diem account (22186), to the general fund. 20 8. $621,850 from the general fund to the combined gifts, grants, and 21 bequests fund, WB Hoyt Memorial account (20128). 22 9. $3,100,000 from the miscellaneous special revenue fund, state 23 central registry (22028), to the general fund. 24 General Government: 25 1. $1,566,000 from the miscellaneous special revenue fund, examination 26 and miscellaneous revenue account (22065) to the general fund. 27 2. $8,083,000 from the general fund to the health insurance revolving 28 fund (55300). 29 3. $192,400,000 from the health insurance reserve receipts fund 30 (60550) to the general fund. 31 4. $150,000 from the general fund to the not-for-profit revolving loan 32 fund (20650). 33 5. $150,000 from the not-for-profit revolving loan fund (20650) to the 34 general fund. 35 6. $3,000,000 from the miscellaneous special revenue fund, surplus 36 property account (22036), to the general fund. 37 7. $19,000,000 from the miscellaneous special revenue fund, revenue 38 arrearage account (22024), to the general fund. 39 8. $1,826,000 from the miscellaneous special revenue fund, revenue 40 arrearage account (22024), to the miscellaneous special revenue fund, 41 authority budget office account (22138). 42 9. $1,000,000 from the miscellaneous special revenue fund, parking 43 services account (22007), to the general fund, for the purpose of reim- 44 bursing the costs of debt service related to state parking facilities. 45 10. $21,783,000 from the general fund to the centralized services 46 fund, COPS account (55013). 47 11. $8,960,000 from the general fund to the agencies internal service 48 fund, central technology services account (55069), for the purpose of 49 enterprise technology projects. 50 12. $15,000,000 from the miscellaneous special revenue fund, workers' 51 compensation account (21995), to the miscellaneous capital projects 52 fund, workers' compensation board IT business process design fund, 53 (32218). 54 Health: 55 1. A transfer from the general fund to the combined gifts, grants and 56 bequests fund, breast cancer research and education account (20155), upA. 3005--B 66 1 to an amount equal to the monies collected and deposited into that 2 account in the previous fiscal year. 3 2. A transfer from the general fund to the combined gifts, grants and 4 bequests fund, prostate cancer research, detection, and education 5 account (20183), up to an amount equal to the moneys collected and 6 deposited into that account in the previous fiscal year. 7 3. A transfer from the general fund to the combined gifts, grants and 8 bequests fund, Alzheimer's disease research and assistance account 9 (20143), up to an amount equal to the moneys collected and deposited 10 into that account in the previous fiscal year. 11 4. $30,555,000 from the HCRA resources fund (20800) to the miscella- 12 neous special revenue fund, empire state stem cell trust fund account 13 (22161). 14 5. $6,000,000 from the miscellaneous special revenue fund, certificate 15 of need account (21920), to the miscellaneous capital projects fund, 16 healthcare IT capital subfund (32216). 17 6. $2,000,000 from the miscellaneous special revenue fund, vital 18 health records account (22103), to the miscellaneous capital projects 19 fund, healthcare IT capital subfund (32216) 20 7. $2,000,000 from the miscellaneous special revenue fund, profes- 21 sional medical conduct account (22088), to the miscellaneous capital 22 projects fund, healthcare IT capital subfund (32216). 23 8. $58,921,000 from the HCRA resources fund (20800) to the capital 24 projects fund (30000). 25 8-a. $12,500,000 from the HCRA resources fund (20800) to the miscella- 26 neous special revenue fund, mental hygiene program fund account (21907). 27 9. $4,540,000 from the general fund to the medical marihuana trust 28 fund, health operation and oversight account (23755). 29 10. $1,086,000 from the miscellaneous special revenue fund, certif- 30 icate of need account (21920), to the general fund. 31 Labor: 32 1. $400,000 from the miscellaneous special revenue fund, DOL fee and 33 penalty account (21923), to the child performer's protection fund, child 34 performer protection account (20401). 35 2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and 36 penalty account (21923), to the general fund. 37 3. $3,300,000 from the unemployment insurance interest and penalty 38 fund, unemployment insurance special interest and penalty account 39 (23601), to the general fund. 40 Mental Hygiene: 41 1. $10,000,000 from the miscellaneous special revenue fund, mental 42 hygiene patient income account (21909), to the miscellaneous special 43 revenue fund, federal salary sharing account (22056). 44 2. $1,800,000,000 from the general fund to the miscellaneous special 45 revenue fund, mental hygiene patient income account (21909). 46 3. $1,680,000,000 from the general fund to the miscellaneous special 47 revenue fund, mental hygiene program fund account (21907). 48 4. $100,000,000 from the miscellaneous special revenue fund, mental 49 hygiene program fund account (21907), to the general fund. 50 5. $100,000,000 from the miscellaneous special revenue fund, mental 51 hygiene patient income account (21909), to the general fund. 52 6. $3,800,000 from the miscellaneous special revenue fund, mental 53 hygiene patient income account (21909), to the agencies internal service 54 fund, civil service EHS occupational health program account (55056).A. 3005--B 67 1 7. $11,500,000 from the chemical dependence service fund, substance 2 abuse services fund account (22700), to the capital projects fund 3 (30000). 4 8. $3,500,000 from the chemical dependence service fund, substance 5 abuse services fund account (22700), to the mental hygiene capital 6 improvement fund (32305). 7 Public Protection: 8 1. $1,350,000 from the miscellaneous special revenue fund, emergency 9 management account (21944), to the general fund. 10 2. $2,087,000 from the general fund to the miscellaneous special 11 revenue fund, recruitment incentive account (22171). 12 3. $12,000,000 from the general fund to the correctional industries 13 revolving fund, correctional industries internal service account 14 (55350). 15 4. $3,000,000 from the federal miscellaneous operating grants fund, 16 DMNA damage account (25324), to the general fund. 17 5. $8,600,000 from the miscellaneous special revenue fund, criminal 18 justice improvement account (21945), to the general fund. 19 6. $112,420,000 from the state police motor vehicle law enforcement 20 and motor vehicle theft and insurance fraud prevention fund, state 21 police motor vehicle enforcement account (22802), to the general fund 22 for state operation expenses of the division of state police. 23 7. A transfer of the unencumbered balance from the miscellaneous 24 special revenue fund, seized assets account (22061), to the miscella- 25 neous special revenue fund, seized assets account (22054). 26 8. $117,500,000 from the general fund to the correctional facilities 27 capital improvement fund (32350). 28 9. $5,000,000 from the general fund to the dedicated highway and 29 bridge trust fund (30050) for the purpose of work zone safety activities 30 provided by the division of state police for the department of transpor- 31 tation. 32 10. $5,238,000 from the miscellaneous special revenue fund, statewide 33 public safety communications account (22123), to the capital projects 34 fund (30000). 35 11. $9,545,000 from the miscellaneous special revenue fund, criminal 36 justice improvement account (21965), to the general fund. 37 12. $1,000,000 from the general fund to the agencies internal service 38 fund, neighborhood work project account (55059). 39 13. $5,940,556 from the miscellaneous special revenue fund, finger- 40 print identification & technology account (21950), to the general fund. 41 14. $4,300,000 from the state police motor vehicle law enforcement and 42 motor vehicle theft and insurance fraud prevention fund, motor vehicle 43 theft and insurance fraud account (22801), to the general fund. 44 15. $60,000,000 from the miscellaneous special revenue fund, public 45 safety communications account (22123), to the general fund. 46 16. $2,000,000 from the general fund to the miscellaneous special 47 revenue fund, crimes against revenue program account (22015). 48 Transportation: 49 1. $17,672,000 from the federal miscellaneous operating grants fund to 50 the miscellaneous special revenue fund, New York Metropolitan Transpor- 51 tation Council account (21913). 52 2. $20,147,000 from the federal capital projects fund to the miscella- 53 neous special revenue fund, New York Metropolitan Transportation Council 54 account (21913). 55 3. $15,058,017 from the general fund to the mass transportation oper- 56 ating assistance fund, public transportation systems operating assist-A. 3005--B 68 1 ance account (21401), of which $12,000,000 constitutes the base need for 2 operations. 3 4. $720,000,000 from the general fund to the dedicated highway and 4 bridge trust fund (30050). 5 5. $3,662,000 from the miscellaneous special revenue fund, accident 6 prevention course program account (22094), to the dedicated highway and 7 bridge trust fund (30050). 8 6. $3,065,000 from the miscellaneous special revenue fund, motorcycle 9 safety account (21976), to the dedicated highway and bridge trust fund 10 (30050). 11 7. $244,250,000 from the general fund to the MTA financial assistance 12 fund, mobility tax trust account (23651). 13 8. $5,000,000 from the miscellaneous special revenue fund, transporta- 14 tion regulation account (22067) to the dedicated highway and bridge 15 trust fund (30050), for disbursements made from such fund for motor 16 carrier safety that are in excess of the amounts deposited in the dedi- 17 cated highway and bridge trust fund (30050) for such purpose pursuant to 18 section 94 of the transportation law. 19 9. $114,000 from the miscellaneous special revenue fund, seized assets 20 account (21906), to the dedicated highway and bridge trust fund (30050). 21 10. $500,000 from the clean air fund, mobile source account (21452), 22 to the general fund. 23 11. Intentionally omitted. 24 12. $121,548,000 from the mass transportation operating assistance 25 fund, metropolitan mass transportation operating assistance account 26 (21402), to the capital projects fund (30000). 27 Miscellaneous: 28 1. $250,000,000 from the general fund to any funds or accounts for the 29 purpose of reimbursing certain outstanding accounts receivable balances. 30 2. $500,000,000 from the general fund to the debt reduction reserve 31 fund (40000). 32 3. $450,000,000 from the New York state storm recovery capital fund 33 (33000) to the revenue bond tax fund (40152). 34 4. $15,500,000 from the general fund, community projects account GG 35 (10256), to the general fund, state purposes account (10050). 36 § 3. Notwithstanding any law to the contrary, and in accordance with 37 section 4 of the state finance law, the comptroller is hereby authorized 38 and directed to transfer, on or before March 31, 2018: 39 1. Upon request of the commissioner of environmental conservation, up 40 to $12,234,600 from revenues credited to any of the department of envi- 41 ronmental conservation special revenue funds, including $4,000,000 from 42 the environmental protection and oil spill compensation fund (21200), 43 and $1,793,600 from the conservation fund (21150), to the environmental 44 conservation special revenue fund, indirect charges account (21060). 45 2. Upon request of the commissioner of agriculture and markets, up to 46 $3,000,000 from any special revenue fund or enterprise fund within the 47 department of agriculture and markets to the general fund, to pay appro- 48 priate administrative expenses. 49 3. Upon request of the commissioner of agriculture and markets, up to 50 $2,000,000 from the state exposition special fund, state fair receipts 51 account (50051) to the miscellaneous capital projects fund, state fair 52 capital improvement account (32208). 53 4. Upon request of the commissioner of the division of housing and 54 community renewal, up to $6,221,000 from revenues credited to any divi- 55 sion of housing and community renewal federal or miscellaneous specialA. 3005--B 69 1 revenue fund to the miscellaneous special revenue fund, housing indirect 2 cost recovery account (22090). 3 5. Upon request of the commissioner of the division of housing and 4 community renewal, up to $5,500,000 may be transferred from any miscel- 5 laneous special revenue fund account, to any miscellaneous special 6 revenue fund. 7 6. Upon request of the commissioner of health up to $8,500,000 from 8 revenues credited to any of the department of health's special revenue 9 funds, to the miscellaneous special revenue fund, administration account 10 (21982). 11 § 4. On or before March 31, 2018, the comptroller is hereby authorized 12 and directed to deposit earnings that would otherwise accrue to the 13 general fund that are attributable to the operation of section 98-a of 14 the state finance law, to the agencies internal service fund, banking 15 services account (55057), for the purpose of meeting direct payments 16 from such account. 17 § 5. Notwithstanding any law to the contrary, upon the direction of 18 the director of the budget and upon requisition by the state university 19 of New York, the dormitory authority of the state of New York is 20 directed to transfer, up to $22,000,000 in revenues generated from the 21 sale of notes or bonds, the state university income fund general revenue 22 account (22653) for reimbursement of bondable equipment for further 23 transfer to the state's general fund. 24 § 6. Notwithstanding any law to the contrary, and in accordance with 25 section 4 of the state finance law, the comptroller is hereby authorized 26 and directed to transfer, upon request of the director of the budget and 27 upon consultation with the state university chancellor or his or her 28 designee, on or before March 31, 2018, up to $16,000,000 from the state 29 university income fund general revenue account (22653) to the state 30 general fund for debt service costs related to campus supported capital 31 project costs for the NY-SUNY 2020 challenge grant program at the 32 University at Buffalo. 33 § 7. Notwithstanding any law to the contrary, and in accordance with 34 section 4 of the state finance law, the comptroller is hereby authorized 35 and directed to transfer, upon request of the director of the budget and 36 upon consultation with the state university chancellor or his or her 37 designee, on or before March 31, 2018, up to $6,500,000 from the state 38 university income fund general revenue account (22653) to the state 39 general fund for debt service costs related to campus supported capital 40 project costs for the NY-SUNY 2020 challenge grant program at the 41 University at Albany. 42 § 8. Notwithstanding any law to the contrary, the state university 43 chancellor or his or her designee is authorized and directed to transfer 44 estimated tuition revenue balances from the state university collection 45 fund (61000) to the state university income fund, state university 46 general revenue offset account (22655) on or before March 31, 2018. 47 § 9. Notwithstanding any law to the contrary, and in accordance with 48 section 4 of the state finance law, the comptroller is hereby authorized 49 and directed to transfer, upon request of the director of the budget, up 50 to $87,864,000 from the general fund to the state university income 51 fund, state university hospitals income reimbursable account (22656) 52 during the period July 1, 2017 through June 30, 2018 to reflect ongoing 53 state subsidy of SUNY hospitals and to pay costs attributable to the 54 SUNY hospitals' state agency status. 55 § 10. Notwithstanding any law to the contrary, and in accordance with 56 section 4 of the state finance law, the comptroller is hereby authorizedA. 3005--B 70 1 and directed to transfer, upon request of the director of the budget, up 2 to $1,015,352,300 from the general fund to the state university income 3 fund, state university general revenue offset account (22655) during the 4 period of July 1, 2017 through June 30, 2018 to support operations at 5 the state university. 6 § 11. Notwithstanding any law to the contrary, and in accordance with 7 section 4 of the state financial law, the comptroller is hereby author- 8 ized and directed to transfer, upon request of the director of the budg- 9 et, up to $100,000 from the general fund to the state university income 10 fund, state university general revenue offset account (22655) during the 11 period of April 1, 2017 through June 30, 2017 to support operations at 12 the state university. 13 § 12. Notwithstanding any law to the contrary, and in accordance with 14 section 4 of the state finance law, the comptroller is hereby authorized 15 and directed to transfer, upon request of the state university chancel- 16 lor or his or her designee, up to $55,000,000 from the state university 17 income fund, state university hospitals income reimbursable account 18 (22656), for services and expenses of hospital operations and capital 19 expenditures at the state university hospitals; and the state university 20 income fund, Long Island veterans' home account (22652) to the state 21 university capital projects fund (32400) on or before June 30, 2018. 22 § 13. Notwithstanding any law to the contrary, and in accordance with 23 section 4 of the state finance law, the comptroller, after consultation 24 with the state university chancellor or his or her designee, is hereby 25 authorized and directed to transfer moneys, in the first instance, from 26 the state university collection fund, Stony Brook hospital collection 27 account (61006), Brooklyn hospital collection account (61007), and Syra- 28 cuse hospital collection account (61008) to the state university income 29 fund, state university hospitals income reimbursable account (22656) in 30 the event insufficient funds are available in the state university 31 income fund, state university hospitals income reimbursable account 32 (22656) to permit the full transfer of moneys authorized for transfer, 33 to the general fund for payment of debt service related to the SUNY 34 hospitals. Notwithstanding any law to the contrary, the comptroller is 35 also hereby authorized and directed, after consultation with the state 36 university chancellor or his or her designee, to transfer moneys from 37 the state university income fund to the state university income fund, 38 state university hospitals income reimbursable account (22656) in the 39 event insufficient funds are available in the state university income 40 fund, state university hospitals income reimbursable account (22656) to 41 pay hospital operating costs or to permit the full transfer of moneys 42 authorized for transfer, to the general fund for payment of debt service 43 related to the SUNY hospitals on or before March 31, 2018. 44 § 14. Notwithstanding any law to the contrary, upon the direction of 45 the director of the budget and the chancellor of the state university of 46 New York or his or her designee, and in accordance with section 4 of the 47 state finance law, the comptroller is hereby authorized and directed to 48 transfer monies from the state university dormitory income fund (40350) 49 to the state university residence hall rehabilitation fund (30100), and 50 from the state university residence hall rehabilitation fund (30100) to 51 the state university dormitory income fund (40350), in an amount not to 52 exceed $80 million from each fund. 53 § 15. Notwithstanding any law to the contrary, and in accordance with 54 section 4 of the state finance law, the comptroller is hereby authorized 55 and directed to transfer monies, upon request of the director of the 56 budget, on or before March 31, 2018, from and to any of the followingA. 3005--B 71 1 accounts: the miscellaneous special revenue fund, patient income account 2 (21909), the miscellaneous special revenue fund, mental hygiene program 3 fund account (21907), the miscellaneous special revenue fund, federal 4 salary sharing account (22056), or the general fund in any combination, 5 the aggregate of which shall not exceed $350 million. 6 § 16. Notwithstanding any law to the contrary, and in accordance with 7 section 4 of the state finance law, the comptroller is hereby authorized 8 and directed to transfer, at the request of the director of the budget, 9 up to $250 million from the unencumbered balance of any special revenue 10 fund or account, agency fund or account, internal service fund or 11 account, enterprise fund or account, or any combination of such funds 12 and accounts, to the general fund. The amounts transferred pursuant to 13 this authorization shall be in addition to any other transfers expressly 14 authorized in the 2017-18 budget. Transfers from federal funds, debt 15 service funds, capital projects funds, the community projects fund, or 16 funds that would result in the loss of eligibility for federal benefits 17 or federal funds pursuant to federal law, rule, or regulation as assent- 18 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 19 1951 are not permitted pursuant to this authorization. 20 § 17. Notwithstanding any law to the contrary, and in accordance with 21 section 4 of the state finance law, the comptroller is hereby authorized 22 and directed to transfer, at the request of the director of the budget, 23 up to $100 million from any non-general fund or account, or combination 24 of funds and accounts, to the miscellaneous special revenue fund, tech- 25 nology financing account (22207), the miscellaneous capital projects 26 fund, information technology capital financing account (32215), or the 27 centralized technology services account (55069), for the purpose of 28 consolidating technology procurement and services. The amounts trans- 29 ferred to the miscellaneous special revenue fund, technology financing 30 account (22207) pursuant to this authorization shall be equal to or less 31 than the amount of such monies intended to support information technolo- 32 gy costs which are attributable, according to a plan, to such account 33 made in pursuance to an appropriation by law. Transfers to the technolo- 34 gy financing account shall be completed from amounts collected by non- 35 general funds or accounts pursuant to a fund deposit schedule or perma- 36 nent statute, and shall be transferred to the technology financing 37 account pursuant to a schedule agreed upon by the affected agency 38 commissioner. Transfers from funds that would result in the loss of 39 eligibility for federal benefits or federal funds pursuant to federal 40 law, rule, or regulation as assented to in chapter 683 of the laws of 41 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to 42 this authorization. 43 § 18. Notwithstanding any other law to the contrary, up to $245 44 million of the assessment reserves remitted to the chair of the workers' 45 compensation board pursuant to subdivision 6 of section 151 of the work- 46 ers' compensation law shall, at the request of the director of the budg- 47 et, be transferred to the state insurance fund, for partial payment and 48 partial satisfaction of the state's obligations to the state insurance 49 fund under section 88-c of the workers' compensation law. 50 § 19. Notwithstanding any law to the contrary, and in accordance with 51 section 4 of the state finance law, the comptroller is hereby authorized 52 and directed to transfer, at the request of the director of the budget, 53 up to $400 million from any non-general fund or account, or combination 54 of funds and accounts, to the general fund for the purpose of consol- 55 idating technology procurement and services. The amounts transferred 56 pursuant to this authorization shall be equal to or less than the amountA. 3005--B 72 1 of such monies intended to support information technology costs which 2 are attributable, according to a plan, to such account made in pursuance 3 to an appropriation by law. Transfers to the general fund shall be 4 completed from amounts collected by non-general funds or accounts pursu- 5 ant to a fund deposit schedule. Transfers from funds that would result 6 in the loss of eligibility for federal benefits or federal funds pursu- 7 ant to federal law, rule, or regulation as assented to in chapter 683 of 8 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted 9 pursuant to this authorization. 10 § 20. Notwithstanding any provision of law, rule or regulation to the 11 contrary, the New York state energy research and development authority 12 is authorized and directed to make a contribution of $913,000 to the 13 state treasury to the credit of the general fund on or before March 31, 14 2018. 15 § 20-a. Notwithstanding any provision of law, rule or regulation to 16 the contrary, the New York state energy research and development author- 17 ity is authorized and directed to transfer to the energy research and 18 development operating fund established pursuant to section 1859 of the 19 public authorities law in the amount of $23,000,000 from proceeds 20 collected by the authority from the auction or sale of carbon dioxide 21 emission allowances allocated by the department of environmental conser- 22 vation on or before March 31, 2017, which amount shall be utilized for 23 direct grants for community solar electric projects in low-to-moderate 24 income and environmental justice communities. 25 § 20-b. Notwithstanding any provision of law to the contrary, as 26 deemed feasible and advisable by its trustees, the power authority of 27 the state of New York is authorized and directed to transfer to the 28 state treasury to the credit of the special revenue fund, public service 29 account (22011) up to $532,000 for direct and indirect expenses relating 30 to the department of agriculture and markets' and the office of parks, 31 recreation and historic preservation's participation in general ratemak- 32 ing proceedings pursuant to section 65 of the public service law or 33 certification proceedings pursuant to article 7 or 10 of the public 34 service law. 35 § 20-c. Notwithstanding any provision of law to the contrary, as 36 deemed feasible and advisable by its trustees, the power authority of 37 the state of New York is authorized and directed to transfer to the 38 state treasury to the credit of the environmental conservation fund, 39 utility environmental regulation account (21064) up to $1,650,000 for 40 direct and indirect expenses relating to the department of environmental 41 conservation's participation in state energy policy proceedings, or 42 certification proceedings pursuant to article 7 or 10 of the public 43 service law. 44 § 20-d. Notwithstanding any provision of law to the contrary, as 45 deemed feasible and advisable by its trustees, the power authority of 46 the state of New York is authorized and directed to transfer to the 47 state treasury to the credit of the special revenue fund, public service 48 account (22011) up to $2,158,000 for direct and indirect expenses of the 49 department of state's utility intervention unit pursuant to subdivision 50 4 of section 94-a of the executive law for services and expenses of the 51 State Utility Consumer Advocate, and for services and expenses of inter- 52 veners for consumer advocacy in utility matters. 53 § 21. Subdivision 5 of section 97-rrr of the state finance law, as 54 amended by section 21 of part UU of chapter 54 of the laws of 2016, is 55 amended to read as follows:A. 3005--B 73 1 5. Notwithstanding the provisions of section one hundred seventy-one-a 2 of the tax law, as separately amended by chapters four hundred eighty- 3 one and four hundred eighty-four of the laws of nineteen hundred eight- 4 y-one, and notwithstanding the provisions of chapter ninety-four of the 5 laws of two thousand eleven, or any other provisions of law to the 6 contrary, during the fiscal year beginning April first, two thousand 7 [sixteen] seventeen, the state comptroller is hereby authorized and 8 directed to deposit to the fund created pursuant to this section from 9 amounts collected pursuant to article twenty-two of the tax law and 10 pursuant to a schedule submitted by the director of the budget, up to 11 [$3,283,844,000] $2,849,997,000, as may be certified in such schedule as 12 necessary to meet the purposes of such fund for the fiscal year begin- 13 ning April first, two thousand [sixteen] seventeen. 14 § 22. Notwithstanding any law to the contrary, the comptroller is 15 hereby authorized and directed to transfer, upon request of the director 16 of the budget, on or before March 31, 2018, the following amounts from 17 the following special revenue accounts to the capital projects fund 18 (30000), for the purposes of reimbursement to such fund for expenses 19 related to the maintenance and preservation of state assets: 20 1. $43,000 from the miscellaneous special revenue fund, administrative 21 program account (21982). 22 2. $1,478,000 from the miscellaneous special revenue fund, helen hayes 23 hospital account (22140). 24 3. $366,000 from the miscellaneous special revenue fund, New York city 25 veterans' home account (22141). 26 4. $513,000 from the miscellaneous special revenue fund, New York 27 state home for veterans' and their dependents at oxford account (22142). 28 5. $159,000 from the miscellaneous special revenue fund, western New 29 York veterans' home account (22143). 30 6. $323,000 from the miscellaneous special revenue fund, New York 31 state for veterans in the lower-hudson valley account (22144). 32 7. $2,550,000 from the miscellaneous special revenue fund, patron 33 services account (22163). 34 8. $41,930,000 from the miscellaneous special revenue fund, state 35 university dormitory income reimbursable account (21937). 36 9. $830,000 from the miscellaneous special revenue fund, long island 37 veterans' home account (22652). 38 10. $5,379,000 from the miscellaneous special revenue fund, state 39 university general income reimbursable account (22653). 40 11. $112,556,000 from the miscellaneous special revenue fund, state 41 university revenue offset account (22655). 42 12. $557,000 from the miscellaneous special revenue fund, state 43 university of New York tuition reimbursement account (22659). 44 § 22-a. Intentionally omitted. 45 § 22-b. Intentionally omitted. 46 § 22-c. Subdivision 1 of section 4 of section 1 of part D3 of chapter 47 62 of the laws of 2003 amending the general business law and other laws 48 relating to implementing the state fiscal plan for the 2003-2004 state 49 fiscal year, is amended to read as follows: 50 1. The state representative, upon the execution of a sale agreement on 51 behalf of the state may sell to the corporation, and the corporation may 52 purchase, for cash or other consideration and in one or more install- 53 ments, all or a portion of the state's share. Any such agreement shall 54 provide, among other matters, that the purchase price payable by the 55 corporation to the state for such state's share or portion thereof shall 56 consist of the net proceeds of the bonds issued to finance such purchaseA. 3005--B 74 1 price and the residual interests, if any. The residual interests shall 2 be deposited into [the tobacco settlement fund pursuant to section 92-x3of the state finance law, unless otherwise directed by statute] the 4 Medicaid management information system (MMIS) statewide escrow fund 5 within thirty days upon the availability of such residual interests to 6 fund a portion of the cumulative non-federal share of expenses related 7 to the state takeover of the local share of Medicaid growth pursuant to 8 part F of chapter 56 of the laws of 2012. Such deposit shall be in an 9 amount equal to (a) the amount of residual interests scheduled for 10 deposit into the MMIS statewide escrow fund in the applicable year's 11 enacted budget financial plan as updated or (b) the total amount of 12 residual interests available if the total amount of such residual inter- 13 ests is less than the total amount of residual interests scheduled for 14 deposit into the MMIS statewide escrow fund in the applicable year's 15 enacted budget financial plan as updated. At the discretion of the state 16 representative, any residual interests which exceed the amount scheduled 17 for deposit into the MMIS statewide escrow fund in the applicable year's 18 enacted budget financial plan as updated may either be deposited into 19 the (i) MMIS escrow fund to fund a portion, as determined by the state 20 representative, of the cumulative non-Federal share of expenses related 21 to the State takeover of the local share of Medicaid growth, pursuant to 22 part F of chapter 56 of the laws of 2012, or (ii) the state general 23 fund; provided, however that any residual interest derived from other 24 assets shall be applied as directed by statute. Any such sale shall be 25 pursuant to one or more sale agreements which may contain such terms and 26 conditions deemed necessary by the state representative to carry out and 27 effectuate the purposes of this section, including covenants binding the 28 state in favor of the corporation and its assignees, including the 29 owners of its bonds such as covenants with respect to the enforcement at 30 the expense of the state of the payment provisions of the master settle- 31 ment agreement, the diligent enforcement at the expense of the state of 32 the qualifying statute, the application and use of the proceeds of the 33 sale of the state's share to preserve the tax-exemption on the bonds, 34 the interest on which is intended to be exempt from federal income tax, 35 issued to finance the purchase thereof and otherwise as provided in this 36 act. Notwithstanding the foregoing, neither the state representative nor 37 the corporation shall be authorized to make any covenant, pledge, prom- 38 ise or agreement purporting to bind the state with respect to pledged 39 tobacco revenues, except as otherwise specifically authorized by this 40 act. 41 § 22-d. Intentionally omitted. 42 § 23. Notwithstanding any other law, rule, or regulation to the 43 contrary, the state comptroller is hereby authorized and directed to use 44 any balance remaining in the mental health services fund debt service 45 appropriation, after payment by the state comptroller of all obligations 46 required pursuant to any lease, sublease, or other financing arrangement 47 between the dormitory authority of the state of New York as successor to 48 the New York state medical care facilities finance agency, and the 49 facilities development corporation pursuant to chapter 83 of the laws of 50 1995 and the department of mental hygiene for the purpose of making 51 payments to the dormitory authority of the state of New York for the 52 amount of the earnings for the investment of monies deposited in the 53 mental health services fund that such agency determines will or may have 54 to be rebated to the federal government pursuant to the provisions of 55 the internal revenue code of 1986, as amended, in order to enable such 56 agency to maintain the exemption from federal income taxation on theA. 3005--B 75 1 interest paid to the holders of such agency's mental services facilities 2 improvement revenue bonds. Annually on or before each June 30th, such 3 agency shall certify to the state comptroller its determination of the 4 amounts received in the mental health services fund as a result of the 5 investment of monies deposited therein that will or may have to be 6 rebated to the federal government pursuant to the provisions of the 7 internal revenue code of 1986, as amended. 8 § 24. Subdivision 1 of section 47 of section 1 of chapter 174 of the 9 laws of 1968, constituting the New York state urban development corpo- 10 ration act, as amended by section 29 of part UU of chapter 54 of the 11 laws of 2016, is amended to read as follows: 12 1. Notwithstanding the provisions of any other law to the contrary, 13 the dormitory authority and the corporation are hereby authorized to 14 issue bonds or notes in one or more series for the purpose of funding 15 project costs for the office of information technology services, depart- 16 ment of law, and other state costs associated with such capital projects 17 including costs for the division of homeland security and emergency 18 services associated with Next Generation 911 development. The aggregate 19 principal amount of bonds authorized to be issued pursuant to this 20 section shall not exceed [three] five hundred [sixty-four] fifty million 21 [eight] five hundred forty thousand dollars, excluding bonds issued to 22 fund one or more debt service reserve funds, to pay costs of issuance of 23 such bonds, and bonds or notes issued to refund or otherwise repay such 24 bonds or notes previously issued. Such bonds and notes of the dormitory 25 authority and the corporation shall not be a debt of the state, and the 26 state shall not be liable thereon, nor shall they be payable out of any 27 funds other than those appropriated by the state to the dormitory 28 authority and the corporation for principal, interest, and related 29 expenses pursuant to a service contract and such bonds and notes shall 30 contain on the face thereof a statement to such effect. Except for 31 purposes of complying with the internal revenue code, any interest 32 income earned on bond proceeds shall only be used to pay debt service on 33 such bonds. 34 § 25. Subdivision 1 of section 16 of part D of chapter 389 of the laws 35 of 1997, relating to the financing of the correctional facilities 36 improvement fund and the youth facility improvement fund, as amended by 37 section 30 of part UU of chapter 54 of the laws of 2016, is amended to 38 read as follows: 39 1. Subject to the provisions of chapter 59 of the laws of 2000, but 40 notwithstanding the provisions of section 18 of section 1 of chapter 174 41 of the laws of 1968, the New York state urban development corporation is 42 hereby authorized to issue bonds, notes and other obligations in an 43 aggregate principal amount not to exceed seven billion [four] seven 44 hundred [twenty-four] forty-one million [nine] one hundred ninety-nine 45 thousand dollars [$7,424,999,000] $7,741,199,000, and shall include all 46 bonds, notes and other obligations issued pursuant to chapter 56 of the 47 laws of 1983, as amended or supplemented. The proceeds of such bonds, 48 notes or other obligations shall be paid to the state, for deposit in 49 the correctional facilities capital improvement fund to pay for all or 50 any portion of the amount or amounts paid by the state from appropri- 51 ations or reappropriations made to the department of corrections and 52 community supervision from the correctional facilities capital improve- 53 ment fund for capital projects. The aggregate amount of bonds, notes or 54 other obligations authorized to be issued pursuant to this section shall 55 exclude bonds, notes or other obligations issued to refund or otherwise 56 repay bonds, notes or other obligations theretofore issued, the proceedsA. 3005--B 76 1 of which were paid to the state for all or a portion of the amounts 2 expended by the state from appropriations or reappropriations made to 3 the department of corrections and community supervision; provided, 4 however, that upon any such refunding or repayment the total aggregate 5 principal amount of outstanding bonds, notes or other obligations may be 6 greater than seven billion [four] seven hundred [twenty-four] forty-one 7 million [nine] one hundred ninety-nine thousand dollars [$7,424,999,000] 8 $7,741,199,000, only if the present value of the aggregate debt service 9 of the refunding or repayment bonds, notes or other obligations to be 10 issued shall not exceed the present value of the aggregate debt service 11 of the bonds, notes or other obligations so to be refunded or repaid. 12 For the purposes hereof, the present value of the aggregate debt service 13 of the refunding or repayment bonds, notes or other obligations and of 14 the aggregate debt service of the bonds, notes or other obligations so 15 refunded or repaid, shall be calculated by utilizing the effective 16 interest rate of the refunding or repayment bonds, notes or other obli- 17 gations, which shall be that rate arrived at by doubling the semi-annual 18 interest rate (compounded semi-annually) necessary to discount the debt 19 service payments on the refunding or repayment bonds, notes or other 20 obligations from the payment dates thereof to the date of issue of the 21 refunding or repayment bonds, notes or other obligations and to the 22 price bid including estimated accrued interest or proceeds received by 23 the corporation including estimated accrued interest from the sale ther- 24 eof. 25 § 26. Paragraph (a) of subdivision 2 of section 47-e of the private 26 housing finance law, as amended by section 31 of part UU of chapter 54 27 of the laws of 2016, is amended to read as follows: 28 (a) Subject to the provisions of chapter fifty-nine of the laws of two 29 thousand, in order to enhance and encourage the promotion of housing 30 programs and thereby achieve the stated purposes and objectives of such 31 housing programs, the agency shall have the power and is hereby author- 32 ized from time to time to issue negotiable housing program bonds and 33 notes in such principal amount as shall be necessary to provide suffi- 34 cient funds for the repayment of amounts disbursed (and not previously 35 reimbursed) pursuant to law or any prior year making capital appropri- 36 ations or reappropriations for the purposes of the housing program; 37 provided, however, that the agency may issue such bonds and notes in an 38 aggregate principal amount not exceeding [four] five billion [six] three 39 hundred [ninety-seven] eighty-four million [four] one hundred [seventy-40four] ninety-nine thousand dollars, plus a principal amount of bonds 41 issued to fund the debt service reserve fund in accordance with the debt 42 service reserve fund requirement established by the agency and to fund 43 any other reserves that the agency reasonably deems necessary for the 44 security or marketability of such bonds and to provide for the payment 45 of fees and other charges and expenses, including underwriters' 46 discount, trustee and rating agency fees, bond insurance, credit 47 enhancement and liquidity enhancement related to the issuance of such 48 bonds and notes. No reserve fund securing the housing program bonds 49 shall be entitled or eligible to receive state funds apportioned or 50 appropriated to maintain or restore such reserve fund at or to a partic- 51 ular level, except to the extent of any deficiency resulting directly or 52 indirectly from a failure of the state to appropriate or pay the agreed 53 amount under any of the contracts provided for in subdivision four of 54 this section. 55 § 27. Subdivision (b) of section 11 of chapter 329 of the laws of 56 1991, amending the state finance law and other laws relating to theA. 3005--B 77 1 establishment of the dedicated highway and bridge trust fund, as amended 2 by section 32 of part UU of chapter 54 of the laws of 2016, is amended 3 to read as follows: 4 (b) Any service contract or contracts for projects authorized pursuant 5 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 6 14-k of the transportation law, and entered into pursuant to subdivision 7 (a) of this section, shall provide for state commitments to provide 8 annually to the thruway authority a sum or sums, upon such terms and 9 conditions as shall be deemed appropriate by the director of the budget, 10 to fund, or fund the debt service requirements of any bonds or any obli- 11 gations of the thruway authority issued to fund or to reimburse the 12 state for funding such projects having a cost not in excess of 13 [$9,147,234,000] $9,684,586,000 cumulatively by the end of fiscal year 14 [2016-17] 2017-18. 15 § 28. Subdivision 1 of section 1689-i of the public authorities law, 16 as amended by section 33 of part UU of chapter 54 of the laws of 2016, 17 is amended to read as follows: 18 1. The dormitory authority is authorized to issue bonds, at the 19 request of the commissioner of education, to finance eligible library 20 construction projects pursuant to section two hundred seventy-three-a of 21 the education law, in amounts certified by such commissioner not to 22 exceed a total principal amount of one hundred [fifty-nine] eighty-four 23 million dollars. 24 § 29. Subdivision (a) of section 27 of part Y of chapter 61 of the 25 laws of 2005, relating to providing for the administration of certain 26 funds and accounts related to the 2005-2006 budget, as amended by 27 section 34 of part UU of chapter 54 of the laws of 2016, is amended to 28 read as follows: 29 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 30 notwithstanding any provisions of law to the contrary, the urban devel- 31 opment corporation is hereby authorized to issue bonds or notes in one 32 or more series in an aggregate principal amount not to exceed 33 [$167,600,000] $173,600,000, excluding bonds issued to finance one or 34 more debt service reserve funds, to pay costs of issuance of such bonds, 35 and bonds or notes issued to refund or otherwise repay such bonds or 36 notes previously issued, for the purpose of financing capital projects 37 including IT initiatives for the division of state police, debt service 38 and leases; and to reimburse the state general fund for disbursements 39 made therefor. Such bonds and notes of such authorized issuer shall not 40 be a debt of the state, and the state shall not be liable thereon, nor 41 shall they be payable out of any funds other than those appropriated by 42 the state to such authorized issuer for debt service and related 43 expenses pursuant to any service contract executed pursuant to subdivi- 44 sion (b) of this section and such bonds and notes shall contain on the 45 face thereof a statement to such effect. Except for purposes of comply- 46 ing with the internal revenue code, any interest income earned on bond 47 proceeds shall only be used to pay debt service on such bonds. 48 § 30. Section 44 of section 1 of chapter 174 of the laws of 1968, 49 constituting the New York state urban development corporation act, as 50 amended by section 35 of part UU of chapter 54 of the laws of 2016, is 51 amended to read as follows: 52 § 44. Issuance of certain bonds or notes. 1. Notwithstanding the 53 provisions of any other law to the contrary, the dormitory authority and 54 the corporation are hereby authorized to issue bonds or notes in one or 55 more series for the purpose of funding project costs for the regional 56 economic development council initiative, the economic transformationA. 3005--B 78 1 program, state university of New York college for nanoscale and science 2 engineering, projects within the city of Buffalo or surrounding envi- 3 rons, the New York works economic development fund, projects for the 4 retention of professional football in western New York, the empire state 5 economic development fund, the clarkson-trudeau partnership, the New 6 York genome center, the cornell university college of veterinary medi- 7 cine, the olympic regional development authority, projects at nano 8 Utica, onondaga county revitalization projects, Binghamton university 9 school of pharmacy, New York power electronics manufacturing consortium, 10 regional infrastructure projects, high technology manufacturing projects 11 in Chautauqua and Erie county, an industrial scale research and develop- 12 ment facility in Clinton county, upstate revitalization initiative 13 projects, market New York projects, fairground buildings or facilities 14 used to house and promote agriculture, the state fair, the empire state 15 trail, the moynihan station development project, the Kingsbridge armory 16 project, the cultural, arts and public spaces fund, an LGBT memorial, a 17 life sciences laboratory public health initiative, local fairs, non-pro- 18 fit cultural centers, NY healthy food and healthy communities, centers 19 of excellence, and other state costs associated with such projects. The 20 aggregate principal amount of bonds authorized to be issued pursuant to 21 this section shall not exceed [four] six billion [six] two hundred 22 [seventy-one] nine million [seven hundred] fifty-seven thousand dollars, 23 excluding bonds issued to fund one or more debt service reserve funds, 24 to pay costs of issuance of such bonds, and bonds or notes issued to 25 refund or otherwise repay such bonds or notes previously issued. Such 26 bonds and notes of the dormitory authority and the corporation shall not 27 be a debt of the state, and the state shall not be liable thereon, nor 28 shall they be payable out of any funds other than those appropriated by 29 the state to the dormitory authority and the corporation for principal, 30 interest, and related expenses pursuant to a service contract and such 31 bonds and notes shall contain on the face thereof a statement to such 32 effect. Except for purposes of complying with the internal revenue code, 33 any interest income earned on bond proceeds shall only be used to pay 34 debt service on such bonds. 35 2. Notwithstanding any other provision of law to the contrary, in 36 order to assist the dormitory authority and the corporation in undertak- 37 ing the financing for project costs for the regional economic develop- 38 ment council initiative, the economic transformation program, state 39 university of New York college for nanoscale and science engineering, 40 projects within the city of Buffalo or surrounding environs, the New 41 York works economic development fund, projects for the retention of 42 professional football in western New York, the empire state economic 43 development fund, the clarkson-trudeau partnership, the New York genome 44 center, the cornell university college of veterinary medicine, the olym- 45 pic regional development authority, projects at nano Utica, onondaga 46 county revitalization projects, Binghamton university school of pharma- 47 cy, New York power electronics manufacturing consortium, regional 48 infrastructure projects, high technology manufacturing projects in Chau- 49 tauqua and Erie county, an industrial scale research and development 50 facility in Clinton county, upstate revitalization initiative projects, 51 market New York projects, fairground buildings or facilities used to 52 house and promote agriculture, the state fair, the empire state trail, 53 the moynihan station development project, the Kingsbridge armory 54 project, the cultural, arts and public spaces fund, an LGBT memorial, a 55 life sciences laboratory public health initiative, local fairs, non-pro- 56 fit cultural centers, NY healthy food and healthy communities, centersA. 3005--B 79 1 of excellence, and other state costs associated with such projects, the 2 director of the budget is hereby authorized to enter into one or more 3 service contracts with the dormitory authority and the corporation, none 4 of which shall exceed thirty years in duration, upon such terms and 5 conditions as the director of the budget and the dormitory authority and 6 the corporation agree, so as to annually provide to the dormitory 7 authority and the corporation, in the aggregate, a sum not to exceed the 8 principal, interest, and related expenses required for such bonds and 9 notes. Any service contract entered into pursuant to this section shall 10 provide that the obligation of the state to pay the amount therein 11 provided shall not constitute a debt of the state within the meaning of 12 any constitutional or statutory provision and shall be deemed executory 13 only to the extent of monies available and that no liability shall be 14 incurred by the state beyond the monies available for such purpose, 15 subject to annual appropriation by the legislature. Any such contract or 16 any payments made or to be made thereunder may be assigned and pledged 17 by the dormitory authority and the corporation as security for its bonds 18 and notes, as authorized by this section. 19 § 31. Subdivisions 1 and 3 of section 1285-p of the public authorities 20 law, subdivision 1 as amended by section 33 of part I of chapter 60 of 21 the laws of 2015 and subdivision 3 as amended by section 36 of part UU 22 of chapter 54 of the laws of 2016, is amended to read as follows: 23 1. Subject to chapter fifty-nine of the laws of two thousand, but 24 notwithstanding any other provisions of law to the contrary, in order to 25 assist the corporation in undertaking the administration and the financ- 26 ing of the design, acquisition, construction, improvement, installation, 27 and related work for all or any portion of any of the following environ- 28 mental infrastructure projects and for the provision of funds to the 29 state for any amounts disbursed therefor: (a) projects authorized under 30 the environmental protection fund, or for which appropriations are made 31 to the environmental protection fund including, but not limited to 32 municipal parks and historic preservation, stewardship, farmland 33 protection, non-point source, pollution control, Hudson River Park, land 34 acquisition, and waterfront revitalization; (b) department of environ- 35 mental conservation capital appropriations for Onondaga Lake for certain 36 water quality improvement projects in the same manner as set forth in 37 paragraph (d) of subdivision one of section 56-0303 of the environmental 38 conservation law; (c) for the purpose of the administration, management, 39 maintenance, and use of the real property at the western New York nucle- 40 ar service center; (d) department of environmental conservation capital 41 appropriations for the administration, design, acquisition, 42 construction, improvement, installation, and related work on department 43 of environmental conservation environmental infrastructure projects; (e) 44 office of parks, recreation and historic preservation appropriations or 45 reappropriations from the state parks infrastructure fund; (f) capital 46 grants for the cleaner, greener communities program [and]; (g) capital 47 costs of water quality infrastructure projects and (h) capital costs of 48 clean water infrastructure projects the director of the division of 49 budget and the corporation are each authorized to enter into one or more 50 service contracts, none of which shall exceed twenty years in duration, 51 upon such terms and conditions as the director and the corporation may 52 agree, so as to annually provide to the corporation in the aggregate, a 53 sum not to exceed the annual debt service payments and related expenses 54 required for any bonds and notes authorized pursuant to section twelve 55 hundred ninety of this title. Any service contract entered into pursuant 56 to this section shall provide that the obligation of the state to fundA. 3005--B 80 1 or to pay the amounts therein provided for shall not constitute a debt 2 of the state within the meaning of any constitutional or statutory 3 provision and shall be deemed executory only to the extent of moneys 4 available for such purposes, subject to annual appropriation by the 5 legislature. Any such service contract or any payments made or to be 6 made thereunder may be assigned and pledged by the corporation as secu- 7 rity for its bonds and notes, as authorized pursuant to section twelve 8 hundred ninety of this title. 9 3. The maximum amount of bonds that may be issued for the purpose of 10 financing environmental infrastructure projects authorized by this 11 section shall be [two] four billion [one] four hundred [eight] fifty-one 12 million [two] seven hundred sixty thousand dollars, exclusive of bonds 13 issued to fund any debt service reserve funds, pay costs of issuance of 14 such bonds, and bonds or notes issued to refund or otherwise repay bonds 15 or notes previously issued. Such bonds and notes of the corporation 16 shall not be a debt of the state, and the state shall not be liable 17 thereon, nor shall they be payable out of any funds other than those 18 appropriated by the state to the corporation for debt service and 19 related expenses pursuant to any service contracts executed pursuant to 20 subdivision one of this section, and such bonds and notes shall contain 21 on the face thereof a statement to such effect. 22 § 32. Subdivision 1 of section 45 of section 1 of chapter 174 of the 23 laws of 1968, constituting the New York state urban development corpo- 24 ration act, as amended by section 37 of part UU of chapter 54 of the 25 laws of 2016, is amended to read as follows: 26 1. Notwithstanding the provisions of any other law to the contrary, 27 the urban development corporation of the state of New York is hereby 28 authorized to issue bonds or notes in one or more series for the purpose 29 of funding project costs for the implementation of a NY-SUNY and NY-CUNY 30 2020 challenge grant program subject to the approval of a NY-SUNY and 31 NY-CUNY 2020 plan or plans by the governor and either the chancellor of 32 the state university of New York or the chancellor of the city universi- 33 ty of New York, as applicable. The aggregate principal amount of bonds 34 authorized to be issued pursuant to this section shall not exceed 35 [$550,000,000] $660,000,000, excluding bonds issued to fund one or more 36 debt service reserve funds, to pay costs of issuance of such bonds, and 37 bonds or notes issued to refund or otherwise repay such bonds or notes 38 previously issued. Such bonds and notes of the corporation shall not be 39 a debt of the state, and the state shall not be liable thereon, nor 40 shall they be payable out of any funds other than those appropriated by 41 the state to the corporation for principal, interest, and related 42 expenses pursuant to a service contract and such bonds and notes shall 43 contain on the face thereof a statement to such effect. Except for 44 purposes of complying with the internal revenue code, any interest 45 income earned on bond proceeds shall only be used to pay debt service on 46 such bonds. 47 § 33. Subdivision (a) of section 48 of part K of chapter 81 of the 48 laws of 2002, providing for the administration of certain funds and 49 accounts related to the 2002-2003 budget, as amended by section 38 of 50 part UU of chapter 54 of the laws of 2016, is amended to read as 51 follows: 52 (a) Subject to the provisions of chapter 59 of the laws of 2000 but 53 notwithstanding the provisions of section 18 of the urban development 54 corporation act, the corporation is hereby authorized to issue bonds or 55 notes in one or more series in an aggregate principal amount not to 56 exceed [$197,000,000] $250,000,000 excluding bonds issued to fund one orA. 3005--B 81 1 more debt service reserve funds, to pay costs of issuance of such bonds, 2 and bonds or notes issued to refund or otherwise repay such bonds or 3 notes previously issued, for the purpose of financing capital costs 4 related to homeland security and training facilities for the division of 5 state police, the division of military and naval affairs, and any other 6 state agency, including the reimbursement of any disbursements made from 7 the state capital projects fund, and is hereby authorized to issue bonds 8 or notes in one or more series in an aggregate principal amount not to 9 exceed [$509,600,000] $654,800,000, excluding bonds issued to fund one 10 or more debt service reserve funds, to pay costs of issuance of such 11 bonds, and bonds or notes issued to refund or otherwise repay such bonds 12 or notes previously issued, for the purpose of financing improvements to 13 State office buildings and other facilities located statewide, including 14 the reimbursement of any disbursements made from the state capital 15 projects fund. Such bonds and notes of the corporation shall not be a 16 debt of the state, and the state shall not be liable thereon, nor shall 17 they be payable out of any funds other than those appropriated by the 18 state to the corporation for debt service and related expenses pursuant 19 to any service contracts executed pursuant to subdivision (b) of this 20 section, and such bonds and notes shall contain on the face thereof a 21 statement to such effect. 22 § 34. Subdivision 1 of section 386-b of the public authorities law, as 23 amended by section 39 of part UU of chapter 54 of the laws of 2016, is 24 amended to read as follows: 25 1. Notwithstanding any other provision of law to the contrary, the 26 authority, the dormitory authority and the urban development corporation 27 are hereby authorized to issue bonds or notes in one or more series for 28 the purpose of financing peace bridge projects and capital costs of 29 state and local highways, parkways, bridges, the New York state thruway, 30 Indian reservation roads, and facilities, and transportation infrastruc- 31 ture projects including aviation projects, non-MTA mass transit 32 projects, and rail service preservation projects, including work appur- 33 tenant and ancillary thereto. The aggregate principal amount of bonds 34 authorized to be issued pursuant to this section shall not exceed 35 [three] four billion [sixty-five million dollars $3,065,000,000] one 36 hundred eighty-nine million dollars $4,189,000,000, excluding bonds 37 issued to fund one or more debt service reserve funds, to pay costs of 38 issuance of such bonds, and to refund or otherwise repay such bonds or 39 notes previously issued. Such bonds and notes of the authority, the 40 dormitory authority and the urban development corporation shall not be a 41 debt of the state, and the state shall not be liable thereon, nor shall 42 they be payable out of any funds other than those appropriated by the 43 state to the authority, the dormitory authority and the urban develop- 44 ment corporation for principal, interest, and related expenses pursuant 45 to a service contract and such bonds and notes shall contain on the face 46 thereof a statement to such effect. Except for purposes of complying 47 with the internal revenue code, any interest income earned on bond 48 proceeds shall only be used to pay debt service on such bonds. 49 § 35. Paragraph (c) of subdivision 19 of section 1680 of the public 50 authorities law, as amended by section 40 of part UU of chapter 54 of 51 the laws of 2016, is amended to read as follows: 52 (c) Subject to the provisions of chapter fifty-nine of the laws of two 53 thousand, the dormitory authority shall not issue any bonds for state 54 university educational facilities purposes if the principal amount of 55 bonds to be issued when added to the aggregate principal amount of bonds 56 issued by the dormitory authority on and after July first, nineteenA. 3005--B 82 1 hundred eighty-eight for state university educational facilities will 2 exceed [eleven] twelve billion [six] five hundred [sixty-three] twenty- 3 three million dollars; provided, however, that bonds issued or to be 4 issued shall be excluded from such limitation if: (1) such bonds are 5 issued to refund state university construction bonds and state universi- 6 ty construction notes previously issued by the housing finance agency; 7 or (2) such bonds are issued to refund bonds of the authority or other 8 obligations issued for state university educational facilities purposes 9 and the present value of the aggregate debt service on the refunding 10 bonds does not exceed the present value of the aggregate debt service on 11 the bonds refunded thereby; provided, further that upon certification by 12 the director of the budget that the issuance of refunding bonds or other 13 obligations issued between April first, nineteen hundred ninety-two and 14 March thirty-first, nineteen hundred ninety-three will generate long 15 term economic benefits to the state, as assessed on a present value 16 basis, such issuance will be deemed to have met the present value test 17 noted above. For purposes of this subdivision, the present value of the 18 aggregate debt service of the refunding bonds and the aggregate debt 19 service of the bonds refunded, shall be calculated by utilizing the true 20 interest cost of the refunding bonds, which shall be that rate arrived 21 at by doubling the semi-annual interest rate (compounded semi-annually) 22 necessary to discount the debt service payments on the refunding bonds 23 from the payment dates thereof to the date of issue of the refunding 24 bonds to the purchase price of the refunding bonds, including interest 25 accrued thereon prior to the issuance thereof. The maturity of such 26 bonds, other than bonds issued to refund outstanding bonds, shall not 27 exceed the weighted average economic life, as certified by the state 28 university construction fund, of the facilities in connection with which 29 the bonds are issued, and in any case not later than the earlier of 30 thirty years or the expiration of the term of any lease, sublease or 31 other agreement relating thereto; provided that no note, including 32 renewals thereof, shall mature later than five years after the date of 33 issuance of such note. The legislature reserves the right to amend or 34 repeal such limit, and the state of New York, the dormitory authority, 35 the state university of New York, and the state university construction 36 fund are prohibited from covenanting or making any other agreements with 37 or for the benefit of bondholders which might in any way affect such 38 right. 39 § 36. Paragraph (c) of subdivision 14 of section 1680 of the public 40 authorities law, as amended by section 41 of part UU of chapter 54 of 41 the laws of 2016, is amended to read as follows: 42 (c) Subject to the provisions of chapter fifty-nine of the laws of two 43 thousand, (i) the dormitory authority shall not deliver a series of 44 bonds for city university community college facilities, except to refund 45 or to be substituted for or in lieu of other bonds in relation to city 46 university community college facilities pursuant to a resolution of the 47 dormitory authority adopted before July first, nineteen hundred eighty- 48 five or any resolution supplemental thereto, if the principal amount of 49 bonds so to be issued when added to all principal amounts of bonds 50 previously issued by the dormitory authority for city university commu- 51 nity college facilities, except to refund or to be substituted in lieu 52 of other bonds in relation to city university community college facili- 53 ties will exceed the sum of four hundred twenty-five million dollars and 54 (ii) the dormitory authority shall not deliver a series of bonds issued 55 for city university facilities, including community college facilities, 56 pursuant to a resolution of the dormitory authority adopted on or afterA. 3005--B 83 1 July first, nineteen hundred eighty-five, except to refund or to be 2 substituted for or in lieu of other bonds in relation to city university 3 facilities and except for bonds issued pursuant to a resolution supple- 4 mental to a resolution of the dormitory authority adopted prior to July 5 first, nineteen hundred eighty-five, if the principal amount of bonds so 6 to be issued when added to the principal amount of bonds previously 7 issued pursuant to any such resolution, except bonds issued to refund or 8 to be substituted for or in lieu of other bonds in relation to city 9 university facilities, will exceed [seven] eight billion [five hundred10eighty-eight] eighty-one million [four] nine hundred [eleven] sixty- 11 eight thousand dollars. The legislature reserves the right to amend or 12 repeal such limit, and the state of New York, the dormitory authority, 13 the city university, and the fund are prohibited from covenanting or 14 making any other agreements with or for the benefit of bondholders which 15 might in any way affect such right. 16 § 37. Subdivision 10-a of section 1680 of the public authorities law, 17 as amended by section 42 of part UU of chapter 54 of the laws of 2016, 18 is amended to read as follows: 19 10-a. Subject to the provisions of chapter fifty-nine of the laws of 20 two thousand, but notwithstanding any other provision of the law to the 21 contrary, the maximum amount of bonds and notes to be issued after March 22 thirty-first, two thousand two, on behalf of the state, in relation to 23 any locally sponsored community college, shall be [eight] nine hundred 24 [sixty-one] fourteen million [four] five hundred [fifty-four] ninety 25 thousand dollars. Such amount shall be exclusive of bonds and notes 26 issued to fund any reserve fund or funds, costs of issuance and to 27 refund any outstanding bonds and notes, issued on behalf of the state, 28 relating to a locally sponsored community college. 29 § 38. Subdivision 1 of section 17 of part D of chapter 389 of the laws 30 of 1997, relating to the financing of the correctional facilities 31 improvement fund and the youth facility improvement fund, as amended by 32 section 43 of part UU of chapter 54 of the laws of 2016, is amended to 33 read as follows: 34 1. Subject to the provisions of chapter 59 of the laws of 2000, but 35 notwithstanding the provisions of section 18 of section 1 of chapter 174 36 of the laws of 1968, the New York state urban development corporation is 37 hereby authorized to issue bonds, notes and other obligations in an 38 aggregate principal amount not to exceed six hundred [forty-seven] 39 eighty-seven million [sixty-five] nine hundred fifteen thousand dollars 40 [($647,065,000)] ($687,915,000), which authorization increases the 41 aggregate principal amount of bonds, notes and other obligations author- 42 ized by section 40 of chapter 309 of the laws of 1996, and shall include 43 all bonds, notes and other obligations issued pursuant to chapter 211 of 44 the laws of 1990, as amended or supplemented. The proceeds of such 45 bonds, notes or other obligations shall be paid to the state, for depos- 46 it in the youth facilities improvement fund, to pay for all or any 47 portion of the amount or amounts paid by the state from appropriations 48 or reappropriations made to the office of children and family services 49 from the youth facilities improvement fund for capital projects. The 50 aggregate amount of bonds, notes and other obligations authorized to be 51 issued pursuant to this section shall exclude bonds, notes or other 52 obligations issued to refund or otherwise repay bonds, notes or other 53 obligations theretofore issued, the proceeds of which were paid to the 54 state for all or a portion of the amounts expended by the state from 55 appropriations or reappropriations made to the office of children and 56 family services; provided, however, that upon any such refunding orA. 3005--B 84 1 repayment the total aggregate principal amount of outstanding bonds, 2 notes or other obligations may be greater than six hundred [forty-seven] 3 eighty-seven million [sixty-five] nine hundred fifteen thousand dollars 4 [($647,065,000)] ($687,915,000), only if the present value of the aggre- 5 gate debt service of the refunding or repayment bonds, notes or other 6 obligations to be issued shall not exceed the present value of the 7 aggregate debt service of the bonds, notes or other obligations so to be 8 refunded or repaid. For the purposes hereof, the present value of the 9 aggregate debt service of the refunding or repayment bonds, notes or 10 other obligations and of the aggregate debt service of the bonds, notes 11 or other obligations so refunded or repaid, shall be calculated by 12 utilizing the effective interest rate of the refunding or repayment 13 bonds, notes or other obligations, which shall be that rate arrived at 14 by doubling the semi-annual interest rate (compounded semi-annually) 15 necessary to discount the debt service payments on the refunding or 16 repayment bonds, notes or other obligations from the payment dates ther- 17 eof to the date of issue of the refunding or repayment bonds, notes or 18 other obligations and to the price bid including estimated accrued 19 interest or proceeds received by the corporation including estimated 20 accrued interest from the sale thereof. 21 § 39. Paragraph b of subdivision 2 of section 9-a of section 1 of 22 chapter 392 of the laws of 1973, constituting the New York state medical 23 care facilities finance agency act, as amended by section 44 of part UU 24 of chapter 54 of the laws of 2016, is amended to read as follows: 25 b. The agency shall have power and is hereby authorized from time to 26 time to issue negotiable bonds and notes in conformity with applicable 27 provisions of the uniform commercial code in such principal amount as, 28 in the opinion of the agency, shall be necessary, after taking into 29 account other moneys which may be available for the purpose, to provide 30 sufficient funds to the facilities development corporation, or any 31 successor agency, for the financing or refinancing of or for the design, 32 construction, acquisition, reconstruction, rehabilitation or improvement 33 of mental health services facilities pursuant to paragraph a of this 34 subdivision, the payment of interest on mental health services improve- 35 ment bonds and mental health services improvement notes issued for such 36 purposes, the establishment of reserves to secure such bonds and notes, 37 the cost or premium of bond insurance or the costs of any financial 38 mechanisms which may be used to reduce the debt service that would be 39 payable by the agency on its mental health services facilities improve- 40 ment bonds and notes and all other expenditures of the agency incident 41 to and necessary or convenient to providing the facilities development 42 corporation, or any successor agency, with funds for the financing or 43 refinancing of or for any such design, construction, acquisition, recon- 44 struction, rehabilitation or improvement and for the refunding of mental 45 hygiene improvement bonds issued pursuant to section 47-b of the private 46 housing finance law; provided, however, that the agency shall not issue 47 mental health services facilities improvement bonds and mental health 48 services facilities improvement notes in an aggregate principal amount 49 exceeding eight billion [twenty-one] three hundred ninety-two million 50 eight hundred fifteen thousand dollars, excluding mental health services 51 facilities improvement bonds and mental health services facilities 52 improvement notes issued to refund outstanding mental health services 53 facilities improvement bonds and mental health services facilities 54 improvement notes; provided, however, that upon any such refunding or 55 repayment of mental health services facilities improvement bonds and/or 56 mental health services facilities improvement notes the total aggregateA. 3005--B 85 1 principal amount of outstanding mental health services facilities 2 improvement bonds and mental health facilities improvement notes may be 3 greater than eight billion [twenty-one] three hundred ninety-two million 4 eight hundred fifteen thousand dollars only if, except as hereinafter 5 provided with respect to mental health services facilities bonds and 6 mental health services facilities notes issued to refund mental hygiene 7 improvement bonds authorized to be issued pursuant to the provisions of 8 section 47-b of the private housing finance law, the present value of 9 the aggregate debt service of the refunding or repayment bonds to be 10 issued shall not exceed the present value of the aggregate debt service 11 of the bonds to be refunded or repaid. For purposes hereof, the present 12 values of the aggregate debt service of the refunding or repayment 13 bonds, notes or other obligations and of the aggregate debt service of 14 the bonds, notes or other obligations so refunded or repaid, shall be 15 calculated by utilizing the effective interest rate of the refunding or 16 repayment bonds, notes or other obligations, which shall be that rate 17 arrived at by doubling the semi-annual interest rate (compounded semi- 18 annually) necessary to discount the debt service payments on the refund- 19 ing or repayment bonds, notes or other obligations from the payment 20 dates thereof to the date of issue of the refunding or repayment bonds, 21 notes or other obligations and to the price bid including estimated 22 accrued interest or proceeds received by the authority including esti- 23 mated accrued interest from the sale thereof. Such bonds, other than 24 bonds issued to refund outstanding bonds, shall be scheduled to mature 25 over a term not to exceed the average useful life, as certified by the 26 facilities development corporation, of the projects for which the bonds 27 are issued, and in any case shall not exceed thirty years and the maxi- 28 mum maturity of notes or any renewals thereof shall not exceed five 29 years from the date of the original issue of such notes. Notwithstanding 30 the provisions of this section, the agency shall have the power and is 31 hereby authorized to issue mental health services facilities improvement 32 bonds and/or mental health services facilities improvement notes to 33 refund outstanding mental hygiene improvement bonds authorized to be 34 issued pursuant to the provisions of section 47-b of the private housing 35 finance law and the amount of bonds issued or outstanding for such 36 purposes shall not be included for purposes of determining the amount of 37 bonds issued pursuant to this section. The director of the budget shall 38 allocate the aggregate principal authorized to be issued by the agency 39 among the office of mental health, office for people with developmental 40 disabilities, and the office of alcoholism and substance abuse services, 41 in consultation with their respective commissioners to finance bondable 42 appropriations previously approved by the legislature. 43 § 40. Paragraph (b) of subdivision 3 and clause (B) of subparagraph 44 (iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap- 45 ter 63 of the laws of 2005, relating to the composition and responsibil- 46 ities of the New York state higher education capital matching grant 47 board, as amended by section 45 of part UU of chapter 54 of the laws of 48 2016, are amended to read as follows: 49 (b) Within amounts appropriated therefor, the board is hereby author- 50 ized and directed to award matching capital grants totaling [240] 270 51 million dollars. Each college shall be eligible for a grant award amount 52 as determined by the calculations pursuant to subdivision five of this 53 section. In addition, such colleges shall be eligible to compete for 54 additional funds pursuant to paragraph (h) of subdivision four of this 55 section.A. 3005--B 86 1 (B) The dormitory authority shall not issue any bonds or notes in an 2 amount in excess of [240] 270 million dollars for the purposes of this 3 section; excluding bonds or notes issued to fund one or more debt 4 service reserve funds, to pay costs of issuance of such bonds, and bonds 5 or notes issued to refund or otherwise repay such bonds or notes previ- 6 ously issued. Except for purposes of complying with the internal revenue 7 code, any interest on bond proceeds shall only be used to pay debt 8 service on such bonds. 9 § 41. Section 1680-r of the public authorities law, as amended by 10 section 40 of part I of chapter 60 of the laws of 2015, subdivision 1 as 11 amended by section 48 of part UU of chapter 54 of the laws of 2016, is 12 amended to read as follows: 13 § 1680-r. Authorization for the issuance of bonds for the capital 14 restructuring financing program [and], the health care facility trans- 15 formation [program] programs, and the essential health care provider 16 program. 1. Notwithstanding the provisions of any other law to the 17 contrary, the dormitory authority and the urban development corporation 18 are hereby authorized to issue bonds or notes in one or more series for 19 the purpose of funding project costs for the capital restructuring 20 financing program for health care and related facilities licensed pursu- 21 ant to the public health law or the mental hygiene law and other state 22 costs associated with such capital projects [and], the health care 23 facility transformation [program] programs, and the essential health 24 care provider program. The aggregate principal amount of bonds author- 25 ized to be issued pursuant to this section shall not exceed two billion 26 [four] seven hundred sixty-seven million one hundred thousand dollars, 27 excluding bonds issued to fund one or more debt service reserve funds, 28 to pay costs of issuance of such bonds, and bonds or notes issued to 29 refund or otherwise repay such bonds or notes previously issued. Such 30 bonds and notes of the dormitory authority and the urban development 31 corporation shall not be a debt of the state, and the state shall not be 32 liable thereon, nor shall they be payable out of any funds other than 33 those appropriated by the state to the dormitory authority and the urban 34 development corporation for principal, interest, and related expenses 35 pursuant to a service contract and such bonds and notes shall contain on 36 the face thereof a statement to such effect. Except for purposes of 37 complying with the internal revenue code, any interest income earned on 38 bond proceeds shall only be used to pay debt service on such bonds. 39 2. Notwithstanding any other provision of law to the contrary, in 40 order to assist the dormitory authority and the urban development corpo- 41 ration in undertaking the financing for project costs for the capital 42 restructuring financing program for health care and related facilities 43 licensed pursuant to the public health law or the mental hygiene law and 44 other state costs associated with such capital projects [and], the 45 health care facility transformation [program] programs, and the essen- 46 tial health care provider program, the director of the budget is hereby 47 authorized to enter into one or more service contracts with the dormito- 48 ry authority and the urban development corporation, none of which shall 49 exceed thirty years in duration, upon such terms and conditions as the 50 director of the budget and the dormitory authority and the urban devel- 51 opment corporation agree, so as to annually provide to the dormitory 52 authority and the urban development corporation, in the aggregate, a sum 53 not to exceed the principal, interest, and related expenses required for 54 such bonds and notes. Any service contract entered into pursuant to this 55 section shall provide that the obligation of the state to pay the amount 56 therein provided shall not constitute a debt of the state within theA. 3005--B 87 1 meaning of any constitutional or statutory provision and shall be deemed 2 executory only to the extent of monies available and that no liability 3 shall be incurred by the state beyond the monies available for such 4 purpose, subject to annual appropriation by the legislature. Any such 5 contract or any payments made or to be made thereunder may be assigned 6 and pledged by the dormitory authority and the urban development corpo- 7 ration as security for its bonds and notes, as authorized by this 8 section. 9 § 42. Section 50 of section 1 of chapter 174 of the laws of 1968 10 constituting the New York state urban development corporation act, as 11 added by section 46-b of part I of chapter 55 of the laws of 2014, is 12 amended to read as follows: 13 § 50. 1. Notwithstanding the provisions of any other law to the 14 contrary, the dormitory authority and the urban development corporation 15 are hereby authorized to issue bonds or notes in one or more series for 16 the purpose of funding project costs undertaken by or on behalf of 17 special act school districts, state-supported schools for the blind and 18 deaf [and], approved private special education schools, non-public 19 schools and other state costs associated with such capital projects. 20 The aggregate principal amount of bonds authorized to be issued pursuant 21 to this section shall not exceed [five] thirty-five million dollars, 22 excluding bonds issued to fund one or more debt service reserve funds, 23 to pay costs of issuance of such bonds, and bonds or notes issued to 24 refund or otherwise repay such bonds or notes previously issued. Such 25 bonds and notes of the dormitory authority and the urban development 26 corporation shall not be a debt of the state, and the state shall not be 27 liable thereon, nor shall they be payable out of any funds other than 28 those appropriated by the state to the dormitory authority and the urban 29 development corporation for principal, interest, and related expenses 30 pursuant to a service contract and such bonds and notes shall contain on 31 the face thereof a statement to such effect. Except for purposes of 32 complying with the internal revenue code, any interest income earned on 33 bond proceeds shall only be used to pay debt service on such bonds. 34 2. Notwithstanding any other provision of law to the contrary, in 35 order to assist the dormitory authority and the urban development corpo- 36 ration in undertaking the financing for project costs undertaken by or 37 on behalf of special act school districts, state-supported schools for 38 the blind and deaf and approved private special education schools, non- 39 public schools, and other state costs associated with such capital 40 projects, the director of the budget is hereby authorized to enter into 41 one or more service contracts with the dormitory authority and the urban 42 development corporation, none of which shall exceed thirty years in 43 duration, upon such terms and conditions as the director of the budget 44 and the dormitory authority and the urban development corporation agree, 45 so as to annually provide to the dormitory authority and the urban 46 development corporation, in the aggregate, a sum not to exceed the prin- 47 cipal, interest, and related expenses required for such bonds and notes. 48 Any service contract entered into pursuant to this section shall provide 49 that the obligation of the state to pay the amount therein provided 50 shall not constitute a debt of the state within the meaning of any 51 constitutional or statutory provision and shall be deemed executory only 52 to the extent of monies available and that no liability shall be 53 incurred by the state beyond the monies available for such purpose, 54 subject to annual appropriation by the legislature. Any such contract or 55 any payments made or to be made thereunder may be assigned and pledgedA. 3005--B 88 1 by the dormitory authority and the urban development corporation as 2 security for its bonds and notes, as authorized by this section. 3 [3. Subdivisions 1 and 2 of this section shall take effect only in the4event that a chapter of the laws of 2014, enacting the "smart schools5bond act of 2014", is submitted to the people at the general election to6be held in November 2014 and is approved by a majority of all votes cast7for and against it at such election. Upon such approval, subdivisions 18and 2 of this section shall take effect immediately. If such approval is9not obtained, subdivisions 1 and 2 of this section shall expire and be10deemed repealed.] 11 § 42-a. Paragraph a of subdivision 14 of section 3641 of the education 12 law, as added by section 2 of part I of chapter 61 of the laws of 2006, 13 is amended to read as follows: 14 a. Establishment of the EXCEL program. There is hereby established 15 the expanding our children's education and learning (EXCEL) program to 16 provide project financing or assistance in the form of grants to eligi- 17 ble school districts, in addition to, or in lieu of, the apportionments 18 made pursuant to subdivisions six, six-a, six-b, six-c, six-d, six-e, 19 six-f and paragraph c of subdivision fourteen of section thirty-six 20 hundred two of this article, and subdivisions ten and twelve of this 21 section, for the costs of EXCEL school facility projects. An apportion- 22 ment for any such project shall initially be available in the state 23 fiscal year commencing April first, two thousand six. Notwithstanding 24 any provision of law to the contrary, the dormitory authority of the 25 state of New York shall be authorized to issue bonds or notes in an 26 aggregate amount not to exceed two billion six hundred thirty million 27 dollars for purposes of the EXCEL program, including community schools. 28 § 42-b. Subdivision 9 of section 1689-i of the public authorities law, 29 as added by section 4 of part I of chapter 61 of the laws of 2006, is 30 amended to read as follows: 31 9. The dormitory authority shall not issue any bonds or notes in an 32 amount in excess of two billion six hundred thirty million dollars for 33 the purposes of this section, including community schools, excluding a 34 principal amount of bonds or notes issued to fund one or more debt 35 service reserve funds, to pay for the costs of issuance of such bonds, 36 and bonds or notes issued to refund or otherwise repay such bonds, and 37 bonds or notes previously issued. Except for the purposes of complying 38 with the internal revenue code, any interest income earned on bond 39 proceeds shall only be used to pay debt service on such bonds or notes. 40 § 42-c. Paragraph (b) of subdivision 5 of section 1680-g of the public 41 authorities law, as amended by section 44 of part H of chapter 56 of the 42 laws of 2000, is amended to read as follows: 43 (b) The dormitory authority shall not issue any bonds or notes in an 44 amount in excess of [thirty] forty million dollars for the purposes of 45 this section, including foster care youth facilities; excluding bonds or 46 notes issued to fund one or more debt service reserve funds, to pay 47 costs of issuance of such bonds, and bonds or notes issued to refund or 48 otherwise repay such bonds or notes previously issued. Except for 49 purposes of complying with the internal revenue code, any interest on 50 bond proceeds shall only be used to pay debt service on such bonds. 51 § 42-d. Subdivision 1 of section 386-a of the public authorities law, 52 as amended by section 46 of part I of chapter 60 of the laws of 2015, is 53 amended to read as follows: 54 1. Notwithstanding any other provision of law to the contrary, the 55 authority, the dormitory authority and the urban development corporation 56 are hereby authorized to issue bonds or notes in one or more series forA. 3005--B 89 1 the purpose of assisting the metropolitan transportation authority in 2 the financing of transportation facilities as defined in subdivision 3 seventeen of section twelve hundred sixty-one of this chapter. The 4 aggregate principal amount of bonds authorized to be issued pursuant to 5 this section shall not exceed one billion five hundred [twenty] eighty- 6 five million dollars [($1,520,000,000)] ($1,585,000,000), excluding 7 bonds issued to fund one or more debt service reserve funds, to pay 8 costs of issuance of such bonds, and to refund or otherwise repay such 9 bonds or notes previously issued. Such bonds and notes of the authority, 10 the dormitory authority and the urban development corporation shall not 11 be a debt of the state, and the state shall not be liable thereon, nor 12 shall they be payable out of any funds other than those appropriated by 13 the state to the authority, the dormitory authority and the urban devel- 14 opment corporation for principal, interest, and related expenses pursu- 15 ant to a service contract and such bonds and notes shall contain on the 16 face thereof a statement to such effect. Except for purposes of comply- 17 ing with the internal revenue code, any interest income earned on bond 18 proceeds shall only be used to pay debt service on such bonds. 19 § 43. Paragraph (b) of subdivision 4 of section 72 of the state 20 finance law, as amended by section 27 of part I of chapter 55 of the 21 laws of 2014, is amended to read as follows: 22 (b) On or before the beginning of each quarter, the director of the 23 budget may certify to the state comptroller the estimated amount of 24 monies that shall be reserved in the general debt service fund for the 25 payment of debt service and related expenses payable by such fund during 26 each month of the state fiscal year, excluding payments due from the 27 revenue bond tax fund. Such certificate may be periodically updated, as 28 necessary. Notwithstanding any provision of law to the contrary, the 29 state comptroller shall reserve in the general debt service fund the 30 amount of monies identified on such certificate as necessary for the 31 payment of debt service and related expenses during the current or next 32 succeeding quarter of the state fiscal year. Such monies reserved shall 33 not be available for any other purpose. Such certificate shall be 34 reported to the chairpersons of the Senate Finance Committee and the 35 Assembly Ways and Means Committee. The provisions of this paragraph 36 shall expire June thirtieth, two thousand [seventeen] twenty. 37 § 44. Intentionally omitted. 38 § 45. Intentionally omitted. 39 § 46. Intentionally omitted. 40 § 47. Intentionally omitted. 41 § 48. Paragraphs (a) and (g) of subdivision 2 of section 56 of the 42 state finance law, as amended by chapter 11 of the laws of 1994, are 43 amended to read as follows: 44 (a) Refunding bonds shall be issued only when the comptroller shall 45 have certified that, as a result of the refunding, there will be a debt 46 service savings to the state on a present value basis as a result of the 47 refunding transaction and that either (i) the refunding will benefit 48 state taxpayers over the life of the refunding bonds by achieving an 49 actual debt service savings each year or state fiscal year during the 50 term to maturity of the refunding bonds when debt service on the refund- 51 ing bonds is expected to be paid from legislative appropriations or (ii) 52 debt service on the refunding bonds shall be payable in annual install- 53 ments of principal and interest which result in substantially level or 54 declining debt service payments pursuant to paragraph (b) of subdivision 55 two of section fifty-seven of this [chapter] article. Such certif-A. 3005--B 90 1 ication by the comptroller shall be conclusive as to matters contained 2 therein after the refunding bonds have been issued. 3 (g) Any refunding bonds issued pursuant to this section shall be paid 4 in annual installments which shall, so long as any refunding bonds are 5 outstanding, be made in each year or state fiscal year in which install- 6 ments were due on the bonds to be refunded and shall be in an amount 7 which shall result in annual debt service payments which shall be less 8 in each year or state fiscal year than the annual debt service payments 9 on the bonds to be refunded unless debt service on the refunding bonds 10 is payable in annual installments of principal and interest which will 11 result in substantially level or declining debt service payments pursu- 12 ant to paragraph (b) of subdivision two of section fifty-seven of this 13 [chapter] article. 14 § 49. Subdivisions 1, 2 and 6 of section 57 of the state finance law, 15 as amended by chapter 11 of the laws of 1994, are amended to read as 16 follows: 17 1. Whenever the legislature, after authorization of a bond issue by 18 the people at a general election, as provided by section eleven of arti- 19 cle seven of the state constitution, or as provided by section three of 20 article eighteen of the state constitution, shall have authorized, by 21 one or more laws, the creation of a state debt or debts, bonds of the 22 state, to the amount of the debt or debts so authorized, shall be issued 23 and sold by the state comptroller. Any appropriation from the proceeds 24 of the sale of bonds, pursuant to this section, shall be deemed to be an 25 authorization for the creation of a state debt or debts to the extent of 26 such appropriation. The state comptroller may issue and sell a single 27 series of bonds pursuant to one or more such authorizations and for one 28 or more duly authorized works or purposes. As part of the proceedings 29 for each such issuance and sale of bonds, the state comptroller shall 30 designate the works or purposes for which they are issued. It shall not 31 be necessary for him to designate the works or purposes for which the 32 bonds are issued on the face of the bonds. The proceeds from the sale of 33 bonds for more than one work or purpose shall be separately accounted 34 for according to the works or purposes designated for such sale by the 35 comptroller and the proceeds received for each work or purpose shall be 36 expended only for such work or purpose. The bonds shall bear interest at 37 such rate or rates as in the judgment of the state comptroller may be 38 sufficient or necessary to effect a sale of the bonds, and such interest 39 shall be payable at least semi-annually, in the case of bonds with a 40 fixed interest rate, and at least annually, in the case of bonds with an 41 interest rate that varies periodically, in the city of New York unless 42 annual payments of principal and interest result in substantially level 43 or declining debt service payments over the life of an issue of bonds 44 pursuant to paragraph (b) of subdivision two of this section or unless 45 accrued interest is contributed to a sinking fund in accordance with 46 subdivision three of section twelve of article seven of the state 47 constitution, in which case interest shall be paid at such times and at 48 such places as shall be determined by the state comptroller prior to 49 issuance of the bonds. 50 2. Such bonds, or the portion thereof at any time issued, shall be 51 made payable (a) in equal annual principal installments or (b) in annual 52 installments of principal and interest which result in substantially 53 level or declining debt service payments, over the life of the bonds, 54 the first of which annual installments shall be payable not more than 55 one year from the date of issue and the last of which shall be payable 56 at such time as the comptroller may determine but not more than fortyA. 3005--B 91 1 years or state fiscal years after the date of issue, not more than fifty 2 years after the date of issue in the case of housing bonds, and not more 3 than twenty-five years in the case of urban renewal bonds. Where bonds 4 are payable pursuant to paragraph (b) of this subdivision, except for 5 the year or state fiscal year of initial issuance if less than a full 6 year of debt service is to become due in that year or state fiscal year, 7 either (i) the greatest aggregate amount of debt service payable in any 8 year or state fiscal year shall not differ from the lowest aggregate 9 amount of debt service payable in any other year or state fiscal year by 10 more than five percent or (ii) the aggregate amount of debt service in 11 each year or state fiscal year shall be less than the aggregate amount 12 of debt service in the immediately preceding year or state fiscal year. 13 For purposes of this subdivision, debt service shall include all princi- 14 pal, redemption price, sinking fund installments or contributions, and 15 interest scheduled to become due. For purposes of determining whether 16 debt service is level or declining on bonds issued with a variable rate 17 of interest pursuant to paragraph b of subdivision four of this section, 18 the comptroller shall assume a market rate of interest as of the date of 19 issuance. Where the comptroller determines that interest on any bonds 20 shall be compounded and payable at maturity, such bonds shall be payable 21 only in accordance with paragraph (b) of this subdivision unless accrued 22 interest is contributed to a sinking fund in accordance with subdivision 23 three of section twelve of article seven of the state constitution. In 24 no case shall any bonds or portion thereof be issued for a period longer 25 than the probable life of the work or purpose, or part thereof, to which 26 the proceeds of the bonds are to be applied, or in the alternative, the 27 weighted average period of the probable life of the works or purposes to 28 which the proceeds of the bonds are to be applied taking into consider- 29 ation the respective amounts of bonds issued for each work or purpose, 30 as may be determined under section sixty-one of this [chapter] article 31 and in accordance with the certificate of the commissioner of general 32 services, and/or the commissioner of transportation, state architect, 33 state commissioner of housing and urban renewal, or other authority, as 34 the case may be, having charge by law of the acquisition, construction, 35 work or improvement for which the debt was authorized. Such certificate 36 shall be filed in the office of the state comptroller and shall state 37 the group, or, where the probable lives of two or more separable parts 38 of the work or purposes are different, the groups, specified in such 39 section, for which the amount or amounts, shall be provided by the issu- 40 ance and sale of bonds. Weighted average period of probable life shall 41 be determined by computing the sum of the products derived from multi- 42 plying the dollar value of the portion of the debt contracted for each 43 work or purpose (or class of works or purposes) by the probable life of 44 such work or purpose (or class of works or purposes) and dividing the 45 resulting sum by the dollar value of the entire debt after taking into 46 consideration any original issue discount. Any costs of issuance 47 financed with bond proceeds shall be prorated among the various works or 48 purposes. Such bonds, or the portion thereof at any time sold, shall be 49 of such denominations, subject to the foregoing provisions, as the state 50 comptroller may determine. Notwithstanding the foregoing provisions of 51 this subdivision, the comptroller may issue all or a portion of such 52 bonds as serial debt, term debt or a combination thereof, maturing as 53 required by this subdivision, provided that the comptroller shall have 54 provided for the retirement each year or state fiscal year, or otherwise 55 have provided for the payment of, through sinking fund installment 56 payments or otherwise, a portion of such term bonds in an amount meetingA. 3005--B 92 1 the requirements of paragraph (a) or (b) of this subdivision or shall 2 have established a sinking fund and provided for contributions thereto 3 as provided in subdivision eight of this section and section twelve of 4 article seven of the state constitution. 5 6. Except with respect to bonds issued in the manner provided in para- 6 graph (c) of subdivision seven of this section, all bonds of the state 7 of New York which the comptroller of the state of New York is authorized 8 to issue and sell, shall be executed in the name of the state of New 9 York by the manual or facsimile signature of the state comptroller and 10 his seal (or a facsimile thereof) shall be thereunto affixed, imprinted, 11 engraved or otherwise reproduced. In case the state comptroller who 12 shall have signed and sealed any of the bonds shall cease to hold the 13 office of state comptroller before the bonds so signed and sealed shall 14 have been actually countersigned and delivered by the fiscal agent or 15 trustee, such bonds may, nevertheless, be countersigned and delivered as 16 herein provided, and may be issued as if the state comptroller who 17 signed and sealed such bonds had not ceased to hold such office. Any 18 bond of a series may be signed and sealed on behalf of the state of New 19 York by such person as at the actual time of the execution of such bond 20 shall hold the office of comptroller of the state of New York, although 21 at the date of the bonds of such series such person may not have held 22 such office. The coupons to be attached to the coupon bonds of each 23 series shall be signed by the facsimile signature of the state comp- 24 troller of the state of New York or by any person who shall have held 25 the office of state comptroller of the state of New York on or after the 26 date of the bonds of such series, notwithstanding that such person may 27 not have been such state comptroller at the date of any such bond or may 28 have ceased to be such state comptroller at the date when any such bond 29 shall be actually countersigned and delivered. The bonds of each series 30 shall be countersigned with the manual signature of an authorized 31 employee of the fiscal agent or trustee of the state of New York. No 32 bond and no coupon thereunto appertaining shall be valid or obligatory 33 for any purpose until such manual countersignature of an authorized 34 employee of the fiscal agent or trustee of the state of New York shall 35 have been duly affixed to such bond. 36 § 50. Sections 58, 59 and 60 of the state finance law are REPEALED. 37 § 51. Section 62 of the state finance law, as amended by chapter 219 38 of the laws of 1999, is amended to read as follows: 39 § 62. Replacement of lost certificates. The comptroller, who may act 40 through his duly authorized fiscal agent or trustee appointed pursuant 41 to section sixty-five of this article, may issue to the lawful owner of 42 any certificate or bond issued by him in behalf of this state, which he 43 or such duly authorized fiscal agent or trustee is satisfied, by due 44 proof filed in his office or with such duly authorized fiscal agent or 45 trustee, has been lost or casually destroyed, a new certificate or bond, 46 corresponding in date, number and amount with the certificate or bond so 47 lost or destroyed, and expressing on its face that it is a renewed 48 certificate or bond. No such renewed certificate or bond shall be issued 49 unless sufficient security is given to satisfy the lawful claim of any 50 person to the original certificate or bond, or to any interest therein. 51 The comptroller shall report annually to the legislature the number and 52 amount of all renewed certificates or bonds so issued. If the renewed 53 certificate is issued by the state's duly authorized fiscal agent or 54 trustee and such agent or trustee agrees to be responsible for any loss 55 suffered as a result of unauthorized payment, the security shall be 56 provided to and approved by the fiscal agent or trustee and no addi-A. 3005--B 93 1 tional approval by the comptroller or the attorney general shall be 2 required. 3 § 52. Section 65 of the state finance law, as amended by chapter 459 4 of the laws of 1948, subdivision 1 as amended by chapter 219 of the laws 5 of 1999, is amended to read as follows: 6 § 65. Appointment of fiscal agent or trustee; powers and duties. 1. 7 Notwithstanding any other provisions of this chapter, the comptroller, 8 on behalf of the state, may contract from time to time for a period or 9 periods not exceeding ten years each, except in the case of a bank or 10 trust company agreeing to act as issuing, paying and/or tender agent 11 with respect to a particular issue of variable interest rate bonds in 12 which case the comptroller, on behalf of the state, may contract for a 13 period not to exceed the term of such particular issue of bonds, with 14 one or more banks or trust companies located in the city of New York, to 15 act as fiscal agent, trustee, or agents of the state, and for the main- 16 tenance of an office for the registration, conversion, reconversion and 17 transfer of the bonds and notes of the state, including the preparation 18 and substitution of new bonds and notes, for the payment of the princi- 19 pal thereof and interest thereon, [and] for related services, and to 20 otherwise effectuate the powers and duties of a fiscal agent or trustee 21 on behalf of the state in all such respects as may be determined by the 22 comptroller for such bonds and notes, and for the payment by the state 23 of such compensation therefor as the comptroller may determine. Any such 24 fiscal agent or trustee may, where authorized pursuant to the terms of 25 its contract, accept delivery of obligations purchased by the state and 26 of securities deposited with the state pursuant to sections one hundred 27 five and one hundred six of this chapter and hold the same in safekeep- 28 ing, make delivery to purchasers of obligations sold by the state, and 29 accept deposit of such proceeds of sale without securing the same. Any 30 such contract may also provide that such fiscal agent or trustee may, 31 upon the written instruction of the comptroller, deposit any obligations 32 or securities which it receives pursuant to such contract, in an account 33 with a federal reserve bank, to be held in such account in the form of 34 entries on the books of the federal reserve bank, and to be transferred 35 in the event of any assignment, sale, redemption, maturity or other 36 disposition of such obligations or securities, by entries on the books 37 of the federal reserve bank. Any such bank or trust company shall be 38 responsible to the people of this state for the faithful and safe 39 conduct of the business of said office, for the fidelity and integrity 40 of its officers and agents employed in such office, and for all loss or 41 damage which may result from any failure to discharge their duties, and 42 for any improper and incorrect discharge of those duties, and shall save 43 the state free and harmless from any and all loss or damage occasioned 44 by or incurred in the performance of such services. Any such contract 45 may be terminated by the comptroller at any time. In the event of any 46 change in any office maintained pursuant to any such contract, the comp- 47 troller shall give public notice thereof in such form as he may deter- 48 mine appropriate. 49 2. The comptroller shall prescribe rules and regulations for the 50 registration, conversion, reconversion and transfer of the bonds and 51 notes of the state, including the preparation and substitution of new 52 bonds, for the payment of the principal thereof and interest thereon, 53 and for other authorized services to be performed by such fiscal agent 54 or trustee. Such rules and regulations, and all amendments thereof, 55 shall be prepared in duplicate, one copy of which shall be filed in the 56 office of the department of audit and control and the other in theA. 3005--B 94 1 office of the department of state. A copy thereof may be filed as a 2 public record in such other offices as the comptroller may determine. 3 Such rules and regulations shall be obligatory on all persons having any 4 interests in bonds and notes of the state heretofore or hereafter 5 issued. 6 § 53. Intentionally omitted. 7 § 54. Subdivision 2 of section 365 of the public authorities law, as 8 separately amended by sections 349 and 381 of chapter 190 of the laws of 9 1990, is amended to read as follows: 10 2. The notes and bonds shall be authorized by resolution of the board, 11 shall bear such date or dates and mature at such time or times, in the 12 case of notes and any renewals thereof within five years after their 13 respective dates and in the case of bonds not exceeding forty years from 14 their respective dates, as such resolution or resolutions may provide. 15 The notes and bonds shall bear interest at such rate or rates, be in 16 such denominations, be in such form, either coupon or registered, carry 17 such registration privileges, be executed in such manner, be payable in 18 such medium of payment, at such place or places, and be subject to such 19 terms of redemption as such resolution or resolutions may provide. Bonds 20 and notes shall be sold by the authority, at public or private sale, at 21 such price or prices as the authority may determine. Bonds and notes of 22 the authority shall not be sold by the authority at private sale unless 23 such sale and the terms thereof have been approved in writing by the 24 comptroller, where such sale is not to the comptroller, or by the direc- 25 tor of the budget, where such sale is to the comptroller. [Bonds and26notes sold at public sale shall be sold by the comptroller, as agent of27the authority, in such manner as the authority, with the approval of the28comptroller, shall determine.] 29 § 55. This act shall take effect immediately and shall be deemed to 30 have been in full force and effect on and after April 1, 2017; provided, 31 however, that the provisions of sections one, two, three, four, five, 32 six, seven, eight, thirteen, fourteen, fifteen, sixteen, seventeen, 33 eighteen, nineteen, twenty, twenty-one, and twenty-two of this act shall 34 expire March 31, 2018 when upon such date the provisions of such 35 sections shall be deemed repealed. 36 PART AA 37 Section 1. Subsection (s) of section 2313 of the insurance law, as 38 amended by chapter 237 of the laws of 2012, is amended to read as 39 follows: 40 (s) Notwithstanding any other provision of this article, no rate 41 service organization may file rates for workers' compensation insurance 42 after February first, two thousand eight, but a rate service organiza- 43 tion may file loss costs or other statistical information, including 44 rating plans, until June second, two thousand [eighteen] twenty-three. 45 Notwithstanding subsection (j) of this section, any such rate service 46 organization shall nonetheless be required to be licensed pursuant to 47 this section. 48 § 2. Section 16 of chapter 11 of the laws of 2008, amending the work- 49 ers' compensation law, the insurance law, the volunteer ambulance work- 50 ers' benefit law and the volunteer firefighters' benefit law, relating 51 to rates for workers' compensation insurance and setting forth condi- 52 tions for a workers' compensation rate service organization, as amended 53 by chapter 237 of the laws of 2012, is amended to read as follows:A. 3005--B 95 1 § 16. This act shall take effect February 1, 2008; provided that the 2 amendments to paragraph 2 of subsection (a) of section 2316 of the 3 insurance law made by section eleven of this act shall take effect on 4 the same date that section 68 of chapter 6 of the laws of 2007 takes 5 effect; provided further that the amendments to section 2316 of the 6 insurance law made by section eleven of this act shall not affect the 7 expiration of such section pursuant to section 2342 of the insurance law 8 and shall be deemed expired therewith; and provided further that section 9 ten of this act shall expire and be deemed repealed June 2, [2018] 2023. 10 § 3. Subsection (e) of section 2305 of the insurance law, as amended 11 by chapter 237 of the laws of 2012, is amended to read as follows: 12 (e) The superintendent: (1) by regulation may, in lieu of the waiting 13 period set forth in subsection (b) of this section, require workers' 14 compensation insurance rate filings to be specifically approved before 15 they become effective; and (2) shall hold a public hearing if a rate 16 service organization makes a loss cost filing for workers' compensation 17 that is an increase of seven percent or more over the approved loss 18 costs from the prior year. Until June second, two thousand [eighteen] 19 twenty-three, a rate service organization for workers' compensation 20 shall make a loss cost filing every year on or before June first, or 21 such earlier date as is set by the superintendent. 22 § 4. This act shall take effect immediately. 23 PART BB 24 Section 1. Section 3-400 of the election law is amended by adding a 25 new subdivision 9 to read as follows: 26 9. Notwithstanding any inconsistent provisions of this article, 27 election inspectors or poll clerks, if any, at polling places for early 28 voting, shall consist of either board of elections employees who shall 29 be appointed by the commissioners of such board or duly qualified indi- 30 viduals, appointed in the manner set forth in this section. Appointments 31 to the offices of election inspector or poll clerk in each polling place 32 for early voting shall be equally divided between the major political 33 parties. The board of elections shall assign staff and provide the 34 resources they require to ensure wait times at early voting sites do not 35 exceed thirty minutes. 36 § 2. Section 4-117 of the election law is amended by adding a new 37 subdivision 1-a to read as follows: 38 1-a. The notice required by subdivision one of this section shall 39 include the dates, hours and locations of early voting for the general 40 and primary election. The board of elections may satisfy the notice 41 requirement of this subdivision by providing in the notice instructions 42 to obtain the required early voting information from a website of the 43 board of elections and providing a phone number to call for such infor- 44 mation. 45 § 3. Subdivision 2 of section 8-100 of the election law, as amended by 46 chapter 335 of the laws of 2000, is amended to read as follows: 47 2. Polls shall be open for voting during the following hours: a prima- 48 ry election from twelve o'clock noon until nine o'clock in the evening, 49 except in the city of New York and the counties of Nassau, Suffolk, 50 Westchester, Rockland, Orange, Putnam and Erie, and in such city or 51 county from [six] seven o'clock in the morning until nine o'clock in the 52 evening; the general election from six o'clock in the morning until nine 53 o'clock in the evening; a special election called by the governor pursu- 54 ant to the public officers law, and, except as otherwise provided byA. 3005--B 96 1 law, every other election, from [six] seven o'clock in the morning until 2 nine o'clock in the evening; early voting hours shall be as provided in 3 section 8-600 of this article. 4 § 4. Subdivision 1 of section 8-102 of the election law is amended by 5 adding a new paragraph (k) to read as follows: 6 (k) Voting at each polling place for early voting shall be conducted 7 in a manner consistent with the provisions of this article, with the 8 exception of the tabulation and proclamation of election results which 9 shall be completed according to subdivisions eight and nine of section 10 8-600 of this article. 11 § 5. Section 8-104 of the election law is amended by adding a new 12 subdivision 7 to read as follows: 13 7. This section shall apply on all early voting days as provided for 14 in section 8-600 of this article. 15 § 6. Paragraph (b) of subdivision 2 of section 8-508 of the election 16 law, as amended by chapter 200 of the laws of 1996, is amended to read 17 as follows: 18 (b) The second section of such report shall be reserved for the board 19 of inspectors to enter the name, address and registration serial number 20 of each person who is challenged on the day of election or on any day in 21 which there is early voting pursuant to section 8-600 of this article, 22 together with the reason for the challenge. If no voters are chal- 23 lenged, the board of inspectors shall enter the words "No Challenges" 24 across the space reserved for such names. In lieu of preparing section 25 two of the challenge report, the board of elections may provide, next to 26 the name of each voter on the computer generated registration list, a 27 place for the inspectors of election to record the information required 28 to be entered in such section two, or provide at the end of such comput- 29 er generated registration list, a place for the inspectors of election 30 to enter such information. 31 § 7. Article 8 of the election law is amended by adding a new title 6 32 to read as follows: 33 TITLE VI 34 EARLY VOTING 35 Section 8-600. Early voting. 36 8-602. State board of elections; powers and duties for early 37 voting. 38 § 8-600. Early voting. 1. Beginning the eighth day prior to any gener- 39 al, primary or special election for any public or party office, and 40 ending on and including the second day prior to such general, primary or 41 special election for such public or party office, persons duly regis- 42 tered and eligible to vote at such election shall be permitted to vote 43 as provided in this title. The board of elections of each county and 44 the city of New York shall establish procedures, subject to approval of 45 the state board of elections, to ensure that persons who vote during the 46 early voting period shall not be permitted to vote subsequently in the 47 same election. 48 2. (a) The board of elections of each county or the city of New York 49 shall designate polling places for early voting in each county, which 50 may include the offices of the board of elections, for persons to vote 51 early pursuant to this section. There shall be so designated at least 52 one early voting polling place for every full increment of fifty thou- 53 sand registered voters in each county; provided, however, the number of 54 early voting polling places in a county shall not be required to be 55 greater than seven, and a county with fewer than fifty thousand voters 56 shall have at least one early voting polling place.A. 3005--B 97 1 (b) The board of elections of each county or the city of New York may 2 establish additional polling places for early voting in excess of the 3 minimum number required by this subdivision for the convenience of 4 eligible voters wishing to vote during the early voting period. 5 (c) Notwithstanding the minimum number of early voting poll sites 6 otherwise required by this subdivision, for any primary or special 7 election, upon majority vote of the board of elections, the number of 8 early voting sites may be reduced if the board of elections reasonably 9 determines a lesser number of sites is sufficient to meet the needs of 10 early voters. 11 (d) Polling places for early voting shall be located to ensure, to the 12 extent practicable, that eligible voters have adequate equitable access, 13 taking into consideration population density, travel time to the polling 14 place, proximity to other locations or commonly used transportation 15 routes and such other factors the board of elections of the county or 16 the city of New York deems appropriate. The provisions of section 4-104 17 of this chapter, except subdivisions four and five of such section, 18 shall apply to the designation of polling places for early voting except 19 to the extent such provisions are inconsistent with this section. 20 3. Any person permitted to vote early may do so at any polling place 21 for early voting established pursuant to subdivision two of this section 22 in the county where such voter is registered to vote. Provided, however, 23 (a) if it is impractical to provide each polling place for early voting 24 all appropriate ballots for each election to be voted on in the county, 25 or (b) if permitting such persons to vote early at any polling place 26 established for early voting would make it impractical to ensure that 27 such voter has not previously voted early during such election, the 28 board of elections may designate each polling place for early voting 29 only for those voters registered to vote in a portion of the county to 30 be served by such polling place for early voting, provided that all 31 voters in each county shall have one or more polling places at which 32 they are eligible to vote throughout the early voting period on a 33 substantially equal basis. 34 4. (a) Polls shall be open for early voting for at least eight hours 35 between seven o'clock in the morning and eight o'clock in the evening 36 each week day during the early voting period. 37 (b) At least one polling place for early voting shall remain open 38 until eight o'clock in the evening on at least two week days in each 39 calendar week during the early voting period. If polling places for 40 early voting are limited to voters from certain areas pursuant to subdi- 41 vision three of this section, polling places that remain open until 42 eight o'clock shall be designated such that any person entitled to vote 43 early may vote until eight o'clock in the evening on at least two week 44 days during the early voting period. 45 (c) Polls shall be open for early voting for at least five hours 46 between nine o'clock in the morning and six o'clock in the evening on 47 each Saturday, Sunday and legal holiday during the early voting period. 48 (d) Nothing in this section shall be construed to prohibit any board 49 of elections from establishing a greater number of hours for voting 50 during the early voting period beyond the number of hours required in 51 this subdivision. 52 (e) Early voting polling places and their hours of operation for early 53 voting at a general election shall be designated by May first of each 54 year pursuant to subdivision one of section 4-104 of this chapter. 55 Notwithstanding the provisions of subdivision one of section 4-104 of 56 this chapter requiring poll site designation by May first, early votingA. 3005--B 98 1 polling places and their hours of operation for early voting for a 2 primary or special election shall be made not later than forty-five days 3 before such primary or special election. 4 5. Each board of elections shall create a communication plan to inform 5 eligible voters of the opportunity to vote early. Such plan may utilize 6 any and all media outlets, including social media, and shall publicize: 7 the location and dates and hours of operation of all polling places for 8 early voting; an indication of whether each polling place is accessible 9 to voters with physical disabilities; a clear and unambiguous notice to 10 voters that if they cast a ballot during the early voting period they 11 will not be allowed to vote election day; and if polling places for 12 early voting are limited to voters from certain areas pursuant to subdi- 13 vision three of this section, the location of the polling places for 14 early voting serving the voters of each particular city, town or other 15 political subdivision. 16 6. The form of paper ballots used in early voting shall comply with 17 the provisions of article seven of this chapter that are applicable to 18 voting by paper ballot on election day and such ballot shall be cast in 19 the same manner as provided for in section 8-312 of this article, 20 provided, however, that ballots cast during the early voting period 21 shall be secured in the manner of voted ballots cast on election day and 22 such ballots shall not be canvassed or examined until after the close of 23 the polls on election day, and no unofficial tabulations of election 24 results shall be printed or viewed in any manner until after the close 25 of polls on election day. 26 7. Voters casting ballots pursuant to this title shall be subject to 27 challenge as provided in sections 8-500, 8-502 and 8-504 of this arti- 28 cle. 29 8. Notwithstanding any other provisions of this chapter, at the end of 30 each day of early voting, any early voting ballots that have not been 31 scanned because a ballot scanner was not available or because the ballot 32 has been abandoned by the voter at the ballot scanner shall be cast in a 33 manner consistent with section 9-110 of this chapter, except that such 34 ballots which cannot then be cast on a ballot scanner shall be held 35 inviolate and unexamined and shall be duly secured until after the close 36 of polls on election day when such ballots shall be examined and 37 canvassed in a manner consistent with subdivision two of section 9-110 38 of this chapter. 39 9. The board of elections shall secure all ballots and scanners used 40 for early voting from the beginning of the early voting period through 41 the close of the polls on election day; provided, however, the state 42 board of elections may by regulation duly adopted by a majority of such 43 board establish a procedure whereby ballot scanners used for early 44 voting may also be used on election day if the portable memory devices 45 used during early voting containing the early voting election informa- 46 tion and vote tabulations are properly secured apart from the scanners, 47 and the results therefrom shall be duly canvassed after the close of 48 polls on election day. 49 10. After the close of polls on election day, inspectors or board of 50 elections employees appointed to canvass ballots cast during early 51 voting shall follow all relevant provisions of article nine of this 52 chapter that are not inconsistent with this section, for canvassing, 53 processing, recording, and announcing results of voting at polling plac- 54 es for early voting, and securing ballots, scanners, and other election 55 materials. Such canvass may occur at the offices of the board ofA. 3005--B 99 1 elections, at the early voting polling place or such other location 2 designated by the board of elections. 3 11. Notwithstanding the requirements of this title requiring the 4 canvass of ballots cast during early voting after the close of polls on 5 election day, such canvass may begin one hour before the scheduled close 6 of polls on election day provided the board of elections adopts proce- 7 dures to prevent the public release of election results prior to the 8 close of polls on election day and such procedures shall be consistent 9 with the regulations of the state board of elections and shall be filed 10 with the state board of elections at least thirty days before they shall 11 be effective. 12 § 8-602. State board of elections; powers and duties for early voting. 13 Any rule or regulation necessary for the implementation of the 14 provisions of this title shall be promulgated by the state board of 15 elections provided that such rules and regulations shall include 16 provisions to ensure that ballots cast early, by any method allowed 17 under law, are counted and canvassed as if cast on election day. The 18 state board of elections shall promulgate any other rules and regu- 19 lations necessary to ensure an efficient and fair early voting process 20 that respects the privacy of the voter. Provided, further, that such 21 rules and regulations shall require that the voting history record for 22 each voter be continually updated to reflect each instance of early 23 voting by such voter. 24 § 8. This act shall take effect on the first of January next succeed- 25 ing the date on which it shall have become a law and shall apply to any 26 election held 120 days or more after it shall have taken effect. 27 PART CC 28 Section 1. Section 14-116 of the election law, subdivision 1 as redes- 29 ignated by chapter 9 of the laws of 1978 and subdivision 2 as amended by 30 chapter 260 of the laws of 1981, is amended to read as follows: 31 § 14-116. Political contributions by certain organizations. 1. No 32 corporation [or], limited liability company, joint-stock association or 33 other corporate entity doing business in this state, except a corpo- 34 ration or association organized or maintained for political purposes 35 only, shall directly or indirectly pay or use or offer, consent or agree 36 to pay or use any money or property for or in aid of any political 37 party, committee or organization, or for, or in aid of, any corporation, 38 limited liability company, joint-stock [or], other association, or other 39 corporate entity organized or maintained for political purposes, or for, 40 or in aid of, any candidate for political office or for nomination for 41 such office, or for any political purpose whatever, or for the 42 reimbursement or indemnification of any person for moneys or property so 43 used. Any officer, director, stock-holder, member, owner, attorney or 44 agent of any corporation [or], limited liability company, joint-stock 45 association or other corporate entity which violates any of the 46 provisions of this section, who participates in, aids, abets or advises 47 or consents to any such violations, and any person who solicits or know- 48 ingly receives any money or property in violation of this section, shall 49 be guilty of a misdemeanor. 50 2. Notwithstanding the provisions of subdivision one of this section, 51 any corporation or an organization financially supported in whole or in 52 part, by such corporation, any limited liability company or other corpo- 53 rate entity may make expenditures, including contributions, not other- 54 wise prohibited by law, for political purposes, in an amount not toA. 3005--B 100 1 exceed five thousand dollars in the aggregate in any calendar year; 2 provided that no public utility shall use revenues received from the 3 rendition of public service within the state for contributions for poli- 4 tical purposes unless such cost is charged to the shareholders of such a 5 public service corporation. 6 3. Each limited liability company that makes an expenditure for poli- 7 tical purposes shall file with the state board of elections, by December 8 thirty-first of the year in which the expenditure is made, on the form 9 prescribed by the state board of elections, the identity of all direct 10 and indirect owners of the membership interests in the limited liability 11 company and the proportion of each direct or indirect member's ownership 12 interest in the limited liability company. 13 § 2. Section 14-120 of the election law is amended by adding a new 14 subdivision 3 to read as follows: 15 3. (a) Notwithstanding any law to the contrary, all contributions made 16 to a campaign or political committee by a limited liability company 17 shall be attributed to each member of the limited liability company in 18 proportion to the member's ownership interest in the limited liability 19 company. 20 (b) If, by application of paragraph (a) of this subdivision, a 21 campaign contribution is attributed to a limited liability company, the 22 contributions shall be further attributed to each member of the limited 23 liability company in proportion to the member's ownership interest in 24 the limited liability company. 25 (c) The state board of elections shall enact regulations that prevent 26 the avoidance of the rules set forth in paragraphs (a) and (b) of this 27 subdivision. 28 § 3. This act shall take effect immediately. 29 PART DD 30 Section 1. Short title. This act shall be known as and may be cited as 31 the "Voter Enfranchisement Modernization Act of 2017 (VEMA)". 32 § 2. Declaration of Legislative Intent. The right to vote is a funda- 33 mental right, the well-spring of all others, secured by the federal and 34 state constitutions. On-line forms of communication and conducting tran- 35 sactions did not exist at the time New York's paper-based voter regis- 36 tration system was enacted. In the last twenty years, many paper-based 37 processes have migrated to on-line processes, including filing tax 38 returns, applying for social security benefits, routine banking trans- 39 actions, official communications and purchase transactions of all types. 40 This on-line migration has improved cost efficiency, increased accessi- 41 bility and provided greater convenience to the public in many contexts. 42 The predominantly paper-based voter registration application process in 43 New York is antiquated and must be supplemented with on-line voter 44 registration. To remove unnecessary burdens to the fundamental right of 45 the people to vote, the State Board of Elections shall establish the 46 Voter Enfranchisement Modernization Program for the purpose of increas- 47 ing opportunities for voter registration by any person who is qualified 48 to be a voter under Article II of the New York State Constitution. This 49 effort modernizes voter registration and supplements the methods of 50 voter registration provided under current law. 51 § 3. Article 5 of the election law is amended by adding a new title 8 52 to read as follows: 53 TITLE VIII 54 ELECTRONIC PERSONAL VOTER REGISTRATION PROCESSA. 3005--B 101 1 Section 5-800. Electronic voter registration transmittal system. 2 5-802. Online voter registration application. 3 5-804. Failure to provide exemplar signature not to prevent 4 registration. 5 § 5-800. Electronic voter registration transmittal system. In addition 6 to any other means of voter registration provided for by this chapter, 7 the state board of elections shall establish and maintain an electronic 8 voter registration transmittal system through which applicants may apply 9 to register to vote online. The state board of elections shall elec- 10 tronically transmit such applications to the applicable board of 11 elections of each county or the city of New York for filing, processing 12 and verification consistent with this chapter. In accordance with tech- 13 nical specifications provided by the state board of elections, each 14 board of elections shall maintain a voter registration system capable of 15 receiving and processing voter registration application information, 16 including electronic signatures, from the electronic voter registration 17 transmittal system established by the state board of elections. Notwith- 18 standing any other inconsistent provision of this chapter, applications 19 filed using such system shall be considered filed with the applicable 20 board of elections on the calendar date the application is initially 21 transmitted by the voter through the electronic voter registration tran- 22 smittal system. 23 § 5-802. Online voter registration application. 1. A voter shall be 24 able to apply to register to vote using a personal online voter regis- 25 tration application submitted through the electronic voter registration 26 transmittal system when the voter: 27 (a) completes an electronic voter registration application promulgated 28 by the state board of elections which shall include all of the voter 29 registration information required by section 5-210 of this article; and 30 (b) affirms, subject to penalty of perjury, by means of electronic or 31 manual signature, that the information contained in the voter registra- 32 tion application is true and that the applicant meets all of the quali- 33 fications to become a registered voter; and 34 (c) consents to the use of an electronic copy of the individual's 35 manual signature that is in the custody of the department of motor vehi- 36 cles, the state board of elections, or other agency designated by 37 sections 5-211 or 5-212 of this title, as the individual's voter regis- 38 tration exemplar signature, or provides such a signature by direct 39 upload in a manner that complies with the New York state electronic 40 signature and records act and the rules and regulations promulgated by 41 the state board of elections. 42 2. The board of elections shall provide the personal online voter 43 registration application in any language required by the federal Voting 44 Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state. 45 3. The online voter registration application process shall provide 46 reasonable accommodations to improve accessibility for persons with 47 disabilities, and shall be compatible for use with standard online 48 accessibility assistance tools for persons with visual, physical or 49 perceptive disabilities. 50 4. The state board of elections shall promulgate rules and regulations 51 for the creation and administration of an online voter registration 52 system pursuant to this section. 53 § 5-804. Failure to provide exemplar signature not to prevent regis- 54 tration. If a voter registration exemplar signature is not provided by 55 an applicant who submits a voter registration application pursuant to 56 this title and such signature exemplar is not otherwise available fromA. 3005--B 102 1 the statewide voter registration database or a state or local agency, 2 the local board of elections shall, absent another reason to reject the 3 application, proceed to register and, as applicable, enroll the appli- 4 cant. Within ten days of such action, the board of elections shall send 5 a standard form promulgated by the state board of elections to the voter 6 whose record lacks an exemplar signature, requiring such voter to submit 7 a signature for identification purposes. The voter shall submit to the 8 board of elections a voter registration exemplar signature by any one of 9 the following methods: in person, by mail with return postage paid 10 provided by the board of elections, by electronic mail, or by electronic 11 upload to the board of elections through the electronic voter registra- 12 tion transmittal system. If such voter does not provide the required 13 exemplar signature, when the voter appears to vote the voter shall be 14 entitled to vote in the same manner as a voter with a notation indicat- 15 ing the voter's identity has not yet been verified in the manner 16 provided by section 8-302 of this chapter. 17 § 4. Article 5 of the election law is amended by adding a new title 9 18 to read as follows: 19 TITLE IX 20 ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS 21 Section 5-900. Integrated personal voter registration application 22 required. 23 5-902. Automatic reinstatement after forfeiture. 24 5-904. Failure to provide exemplar signature not to prevent 25 registration. 26 5-906. Presumption of innocent authorized error. 27 5-908. Forms. 28 § 5-900. Integrated personal voter registration application required. 29 1. In addition to any other method of voter registration provided for by 30 this chapter, state and local agencies designated in subdivision ten of 31 this section shall provide to the state board of elections voter regis- 32 tration qualification information associated with each person who 33 submits an application for services at such agency, or who notifies the 34 agency of a change of address or name. Such designated agencies shall 35 ensure agency applications substantially include all of the elements 36 required by section 5-210 of this article, including the appropriate 37 attestation, so that persons completing such applications shall be able 38 to also submit an application to register to vote through the electronic 39 voter registration transmittal system. For purposes of this section, 40 "agency" shall mean any state or local agency, department, division, 41 office, institution or other entity designated by the state board of 42 elections pursuant to subdivision ten of this section. 43 2. For each application submitted to the agency, whether electron- 44 ically or on paper, the agency shall transmit to the state board of 45 elections through an interface with the electronic voter registration 46 transmittal system established and maintained by the state board of 47 elections that portion of the application that includes voter registra- 48 tion information. The state board of elections shall electronically 49 forward such application to the applicable board of elections of each 50 county or the city of New York for filing, processing and verification 51 consistent with this chapter. 52 3. An integrated voter registration form submitted to an agency in 53 paper format shall be transmitted to the state board of elections 54 through an electronic voter registration transmittal system by convert- 55 ing the paper form to an image file or a portable document format file 56 which shall thereafter be deemed the original form for voter registra-A. 3005--B 103 1 tion and enrollment purposes. The agency shall retain the complete 2 original paper application for no less than two years. The transmittal 3 of the converted paper application may include or be accompanied by data 4 elements and transmittal information as required by the rules and regu- 5 lations of the state board of elections. 6 4. An integrated voter registration application submitted to an agency 7 in an electronic format shall be transmitted to the state board of 8 elections through the electronic voter registration transmittal system 9 and shall include all of the voter registration data elements, including 10 electronic signature, as applicable, and record of attestation of the 11 accuracy of the voter registration information and any relevant document 12 images. 13 5. Information from the voter relevant to both voter registration and 14 the agency application shall be entered by the voter only once upon an 15 application. 16 6. The agency shall redact or remove from the completed integrated 17 application to be transmitted to the state board of elections any infor- 18 mation solely applicable to the agency application. 19 6-a. Information concerning the citizenship status of individuals, 20 when collected and transmitted pursuant to subdivision one of this 21 section, shall not be retained, used or shared for any other purpose 22 except as may be required by law. 23 7. A voter shall be able to decline to register to vote using an inte- 24 grated application by selecting a single check box, or equivalent, which 25 shall read "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION PURPOSES. 26 DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS". 27 8. The voter shall be able to sign the voter registration application 28 and the agency application by means of a single manual or electronic 29 signature unless the agency requires more than one signature for other 30 agency purposes. 31 9. No application for voter registration shall be submitted if the 32 applicant declines registration or fails to sign the integrated applica- 33 tion, whether on paper or online. 34 10. Designated agencies for purposes of this section shall include all 35 agencies designated as voter registration agencies in sections 5-211 and 36 5-212 of this article, as well as any other agency designated by the 37 state board of elections. Any such designated agency shall take all 38 actions that are necessary and proper for the implementation of this 39 section, including facilitating technological capabilities to allow 40 transmission of data through an interface with the electronic voter 41 registration transmittal system in a secure manner. 42 11. Upon the discharge from a state correctional facility of any 43 person whose maximum sentence of imprisonment has expired or upon a 44 person's discharge from community supervision as defined in subdivision 45 three of section two hundred fifty-nine of the executive law, the 46 department of corrections and community supervision shall provide such 47 person a voter registration form, pursuant to section seventy-five of 48 the correction law and such form, if possible, shall be integrated with 49 the release documents normally presented and signed upon release. The 50 department of corrections and community supervision shall submit rele- 51 vant information for such person through the voter registration trans- 52 mittal system and notify the board of elections of the person's 53 discharge. 54 12. The state board of elections shall promulgate rules and regu- 55 lations for the creation and administration of an integrated electronic 56 voter registration process as provided for by this section.A. 3005--B 104 1 § 5-902. Automatic reinstatement after forfeiture. Any person whose 2 voter registration is canceled pursuant to section 5-106 of this article 3 shall be automatically reinstated as a voter upon becoming eligible, 4 unless such voter shall affirmatively decline such reinstatement. The 5 department of corrections and community supervision shall notify the 6 board of elections through the voter registration transmittal system of 7 the date when the forfeiture of voting rights shall end and provide an 8 updated address for such person, if known. If no new address for such 9 voter is available at that time, such voter shall be reinstated at the 10 address of the previously canceled registration; provided, however, if 11 the mailed notification of such registration shall be returned undeliv- 12 erable to the board of elections, such returned mail shall be processed 13 in accordance with this article. 14 § 5-904. Failure to provide exemplar signature not to prevent regis- 15 tration. If a voter registration exemplar signature is not provided by 16 an applicant who submits a voter registration application pursuant to 17 this title and such signature exemplar is not otherwise available from 18 the statewide voter registration database or a state or local agency, 19 the local board of elections shall, absent another reason to reject the 20 application, proceed to register and, as applicable, enroll the appli- 21 cant. Within ten days of such action, the board of elections shall send 22 a standard form promulgated by the state board of elections to the voter 23 whose record lacks an exemplar signature, requiring such voter to submit 24 a signature for identification purposes. The voter shall submit to the 25 board of elections a voter registration exemplar signature by any one of 26 the following methods: in person, by mail with return postage paid 27 provided by the board of elections, by electronic mail, or by electronic 28 upload to the board of elections through the electronic voter registra- 29 tion transmittal system. If such voter does not provide the required 30 exemplar signature, when the voter appears to vote the voter shall be 31 entitled to vote in the same manner as a voter with a notation indicat- 32 ing the voter's identity has not yet been verified in the manner 33 provided by section 8-302 of this chapter. 34 § 5-906. Presumption of innocent authorized error. 1. If a person who 35 is ineligible to vote becomes registered to vote pursuant to section 36 5-902 of this title, that person's registration shall be presumed to 37 have been effected with official authorization and not the fault of that 38 person. Such presumption may be rebutted with evidence of knowing and 39 willful intent to falsely register to vote. 40 2. If a person who is ineligible becomes registered to vote pursuant 41 to section 5-902 of this title either votes or attempts to vote in an 42 election held after the effective date of the person's registration, 43 that person shall be presumed to have acted with official authorization 44 and shall not be guilty of illegal voting or illegally attempting to 45 vote. Such presumption may be rebutted with evidence of knowing and 46 willful intent to vote or attempt to vote with knowledge that such 47 person is not qualified or entitled to vote. 48 § 5-908. Forms. The state board of elections shall promulgate rules 49 and regulations to implement this title. All agency forms and notices 50 required by this title shall be approved by the state board of 51 elections. All applications and notices for use by a board of elections 52 pursuant to this title shall be promulgated by the state board of 53 elections, and no addition or alternation to such forms by a board of 54 elections shall be made without approval of the state board of 55 elections.A. 3005--B 105 1 § 5. This act shall take effect on the earlier occurrence of: (i) two 2 years after it shall have become a law; provided, however, the state 3 board of elections shall be authorized to implement necessary rules and 4 regulations and to take steps required to implement this act immediate- 5 ly; or (ii) five days after the date of certification by the state board 6 of elections that the information technology infrastructure to substan- 7 tially implement this act is functional. Provided, further that the 8 state board of elections shall notify the legislative bill drafting 9 commission upon the occurrence of the enactment of the legislation 10 provided for in this act in order that the commission may maintain an 11 accurate and timely effective data base of the official text of the laws 12 of the state of New York in furtherance of effectuating the provisions 13 of section 44 of the legislative law and section 70-b of the public 14 officers law. 15 PART EE 16 Section 1. Section 13 of chapter 141 of the laws of 1994, amending 17 the legislative law and the state finance law relating to the operation 18 and administration of the legislature, as amended by section 2 of part S 19 of chapter 57 of the laws of 2016, is amended to read as follows: 20 § 13. This act shall take effect immediately and shall be deemed to 21 have been in full force and effect as of April 1, 1994, provided that, 22 the provisions of section 5-a of the legislative law as amended by 23 sections two and two-a of this act shall take effect on January 1, 1995, 24 and provided further that, the provisions of article 5-A of the legisla- 25 tive law as added by section eight of this act shall expire June 30, 26 [2017] 2018 when upon such date the provisions of such article shall be 27 deemed repealed; and provided further that section twelve of this act 28 shall be deemed to have been in full force and effect on and after April 29 10, 1994. 30 § 2. This act shall take effect immediately, provided, however, if 31 section one of this act shall take effect on or after June 30, 2017 32 section one of this act shall be deemed to have been in full force and 33 effect on and after June 30, 2017. 34 PART FF 35 Section 1. Notwithstanding any other provision of law to the contrary, 36 for the state fiscal year commencing April 1, 2017, a $50,074,110 37 increase in aid and incentives for municipalities' base level grants in 38 the general fund for each municipality shall be apportioned in an amount 39 equal to each municipality's cumulative property tax cap rate for their 40 respective fiscal years 2012 through 2017; provided, however, no munici- 41 pality shall receive an increase of more than $6,070,776, except for a 42 city with a population greater than 200,000 but less than 250,000. The 43 total amount of grants provided in addition to the total 2017-18 base 44 level grant provided pursuant to paragraph b of subdivision 10 of 45 section 54 of the state finance law shall be $50,074,110. 46 For the purposes of this act, "total 2017-18 base level grant" shall 47 mean the sum of the amount of grants each municipality shall receive in 48 the state fiscal year commencing April 1, 2017, and the amount of 49 miscellaneous financial assistance from the local assistance account 50 received by a village in the state fiscal year beginning April 1, 2016. 51 § 2. This act shall take effect immediately and shall be deemed to 52 have been in full force and effect on or after April 1, 2017.A. 3005--B 106 1 PART GG 2 Section 1. Subdivision 3 of section 14-124 of the election law, as 3 amended by section 1 of part B of chapter 286 of the laws of 2016, is 4 amended to read as follows: 5 3. The contribution and receipt limits of this article shall not apply 6 to monies received and expenditures made by a party committee or consti- 7 tuted committee to maintain a permanent headquarters and staff and carry 8 on ordinary activities which are not for the express purpose of promot- 9 ing or opposing the candidacy of specific candidates; provided that such 10 monies described in this subdivision shall be deposited in a segregated 11 account and shall not be transferred or contributed, unless such trans- 12 fer or contribution is to the segregated account of another party 13 committee or constituted committee to be used only for non-candidate 14 expenditures. Provided, further, that such monies may not be used to pay 15 for any political communication that includes or references the name, 16 likeness or voice of any clearly identified candidate or elected offi- 17 cial. 18 § 2. This act shall take effect immediately. 19 PART HH 20 Section 1. The public service law is amended by adding a new article 21 1-A to read as follows: 22 ARTICLE 1-A 23 THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE 24 Section 28-a. Definitions. 25 28-b. Establishment of the state office of the utility consumer 26 advocate. 27 28-c. Powers of the state office of the utility consumer advo- 28 cate. 29 28-d. Reports. 30 § 28-a. Definitions. When used in this article: (a) "Department" 31 means the department of public service. 32 (b) "Commission" means the public service commission. 33 (c) "Residential utility customer" means any person who is sold or 34 offered for sale residential utility service by a utility company. 35 (d) "Utility company" means any person or entity operating an agency 36 for public service, including, but not limited to, those persons or 37 entities subject to the jurisdiction, supervision and regulations 38 prescribed by or pursuant to the provisions of this chapter. 39 § 28-b. Establishment of the state office of the utility consumer 40 advocate. There is established the state office of the utility consumer 41 advocate to represent the interests of residential utility customers. 42 The utility consumer advocate shall be appointed by the governor to a 43 term of six years, upon the advice and consent of the senate. The utili- 44 ty consumer advocate shall possess knowledge and experience in matters 45 affecting residential utility customers and shall be responsible for the 46 direction, control, and operation of the state office of the utility 47 consumer advocate, including its hiring of staff and retention of 48 experts for analysis and testimony in proceedings. The utility consumer 49 advocate shall not be removed for cause, but may be removed only after 50 notice and opportunity to be heard, and only for permanent disability, 51 malfeasance, a felony, or conduct involving moral turpitude. Exercise of 52 independent judgment in advocating positions on behalf of residentialA. 3005--B 107 1 utility customers shall not constitute cause for removal of the utility 2 consumer advocate. 3 § 28-c. Powers of the state office of the utility consumer advocate. 4 The state office of the utility consumer advocate shall have the power 5 and duty to: (a) initiate, intervene in, or participate on behalf of 6 residential utility customers in any proceedings before the commission, 7 the federal energy regulatory commission, the federal communications 8 commission, federal, state and local administrative and regulatory agen- 9 cies, and state and federal courts in any matter or proceeding that may 10 substantially affect the interests of residential utility customers, 11 including, but not limited to, a proposed change of rates, charges, 12 terms and conditions of service, the adoption of rules, regulations, 13 guidelines, orders, standards or final policy decisions where the utili- 14 ty consumer advocate deems such initiation, intervention or partic- 15 ipation to be necessary or appropriate; 16 (b) represent the interests of residential utility customers of the 17 state before federal, state and local administrative and regulatory 18 agencies engaged in the regulation of energy, telecommunications, water, 19 and other utility services, and before state and federal courts in 20 actions and proceedings to review the actions of utilities or orders of 21 utility regulatory agencies. Any action or proceeding brought by the 22 utility consumer advocate before a court or an agency shall be brought 23 in the name of the state office of the utility consumer advocate. The 24 utility consumer advocate may join with a residential utility customer 25 or group of residential utility customers in bringing an action; 26 (c) (i) in addition to any other authority conferred upon the utility 27 consumer advocate, he or she is authorized, and it shall be his or her 28 duty to represent the interests of residential utility customers as a 29 party, or otherwise participate for the purpose of representing the 30 interests of such customers before any agencies or courts. He or she may 31 initiate proceedings if in his or her judgment doing so may be necessary 32 in connection with any matter involving the actions or regulation of 33 public utility companies whether on appeal or otherwise initiated. The 34 utility consumer advocate may monitor all cases before regulatory agen- 35 cies in the United States, including the federal communications commis- 36 sion and the federal energy regulatory commission that affect the inter- 37 ests of residential utility customers of the state and may formally 38 participate in those proceedings which in his or her judgment warrants 39 such participation. 40 (ii) the utility consumer advocate shall exercise his or her independ- 41 ent discretion in determining the interests of residential utility 42 customers that will be advocated in any proceeding, and determining 43 whether to participate in or initiate any proceeding and, in so deter- 44 mining, shall consider the public interest, the resources available, and 45 the substantiality of the effect of the proceeding on the interest of 46 residential utility customers; 47 (d) request and receive from any state or local authority, agency, 48 department or division of the state or political subdivision such 49 assistance, personnel, information, books, records, other documentation 50 and cooperation necessary to perform its duties; and 51 (e) enter into cooperative agreements with other government offices to 52 efficiently carry out its work. 53 § 28-d. Reports. On July first, two thousand sixteen and annually 54 thereafter, the state office of the utility consumer advocate shall 55 issue a report to the governor and the legislature, and make such reportA. 3005--B 108 1 available to the public free of charge on a publicly available website, 2 containing, but not limited to, the following information: 3 (a) all proceedings that the state office of the utility consumer 4 advocate participated in and the outcome of such proceedings, to the 5 extent of such outcome and if not confidential; 6 (b) estimated savings to residential utility consumers that resulted 7 from intervention by the state office of the utility consumer advocate; 8 and 9 (c) policy recommendations and suggested statutory amendments that the 10 state office of the utility consumer advocate deems necessary. 11 § 2. This act shall take effect on the first of April next succeeding 12 the date on which it shall have become a law. 13 PART II 14 Section 1. The public service law is amended by adding a new section 15 24-c to read as follows: 16 § 24-c. Utility intervenor reimbursement. 1. As used in this 17 section, the following terms shall have the following meanings: 18 (a) "Compensation" means payment from the utility intervenor account 19 fund established by section ninety-seven-pppp of the state finance law, 20 for all or part, as determined by the department, of reasonable advo- 21 cate's fees, reasonable expert witness fees, and other reasonable costs 22 for preparation and participation in a proceeding. 23 (b) "Participant" means a group of persons that apply jointly for an 24 award of compensation under this section and who represent the interests 25 of a significant number of residential or small business customers, or a 26 not-for-profit organization in this state authorized pursuant to its 27 articles of incorporation or bylaws to represent the interests of resi- 28 dential or small business utility customers. For purposes of this 29 section, a participant does not include a non-profit organization or 30 other organization whose principal interests are the welfare of a public 31 utility or its investors or employees, or the welfare of one or more 32 businesses or industries which receive utility service ordinarily and 33 primarily for use in connection with the profit-seeking manufacture, 34 sale, or distribution of goods or services. 35 (c) "Other reasonable costs" means reasonable out-of-pocket expenses 36 directly incurred by a participant that are directly related to the 37 contentions or recommendations made by the participant that resulted in 38 a substantial contribution. 39 (d) "Party" means any interested party, respondent public utility, or 40 commission staff in a hearing or proceeding. 41 (e) "Proceeding" means a complaint, or investigation, rulemaking, or 42 other formal proceeding before the commission, or alternative dispute 43 resolution procedures in lieu of formal proceedings as may be sponsored 44 or endorsed by the commission, provided however such proceedings shall 45 be limited to those relating to public utilities that distribute and 46 deliver gas, electricity, or steam within this state and having annual 47 revenues in excess of two hundred million dollars arising under and 48 proceeding pursuant to the following articles of this chapter: (1) the 49 regulation of the price of gas and electricity, pursuant to article four 50 of this chapter; (2) the regulation of the price of steam, pursuant to 51 article four-A of this chapter; (3) the submetering, remetering or 52 resale of electricity to residential premises, pursuant to section 53 sixty-five and sixty-six of this chapter, and pursuant to regulations 54 regarding the submetering, remetering, or resale of electricity adoptedA. 3005--B 109 1 by the commission; and (4) such sections of this chapter as are applica- 2 ble to a proceeding in which the commission makes a finding on the 3 record that the public interest requires the reimbursement of utility 4 intervenor fees pursuant to this section. 5 (f) "Significant financial hardship" means that the participant will 6 be unable to afford, without undue hardship, to pay the costs of effec- 7 tive participation, including advocate's fees, expert witness fees, and 8 other reasonable costs of participation. 9 (g) "Small business" means a business with a gross annual revenue of 10 two hundred fifty thousand dollars or less. 11 (h) "Substantial contribution" means that, in the judgment of the 12 department, the participant's application may substantially assist the 13 commission in making its decision because the decision may adopt in 14 whole or in part one or more factual contentions, legal contentions, or 15 specific policy or procedural recommendations that will be presented by 16 the participant. 17 2. A participant may apply for an award of compensation under this 18 section in a proceeding in which such participant has sought active 19 party status as defined by the department. The department shall deter- 20 mine appropriate procedures for accepting and responding to such appli- 21 cations. At the time of application, such participant shall serve on 22 every party to the proceeding notice of intent to apply for an award of 23 compensation. 24 An application shall include: 25 (a) A statement of the nature and extent and the factual and legal 26 basis of the participant's planned participation in the proceeding as 27 far as it is possible to describe such participation with reasonable 28 specificity at the time the application is filed. 29 (b) At minimum, a reasonably detailed description of anticipated advo- 30 cates and expert witness fees and other costs of preparation and partic- 31 ipation that the participant expects to request as compensation. 32 (c) If participation or intervention will impose a significant finan- 33 cial hardship and the participant seeks payment in advance to an award 34 of compensation in order to initiate, continue or complete participation 35 in the hearing or proceeding, such participant must include evidence of 36 such significant financial hardship in its application. 37 (d) Any other requirements as required by the department. 38 3. (a) Within thirty days after the filing of an application the 39 department shall issue a decision that determines whether or not the 40 participant may make a substantial contribution to the final decision in 41 the hearing or proceeding. If the department finds that the participant 42 requesting compensation may make a substantial contribution, the depart- 43 ment shall describe this substantial contribution and determine the 44 amount of compensation to be paid pursuant to subdivision four of this 45 section. 46 (b) Notwithstanding subdivision four of this section, if the depart- 47 ment finds that the participant has a significant financial hardship, 48 the department may direct the public utility or utilities subject to the 49 proceeding to pay all or part of the compensation to the department to 50 be provided to the participant prior to the end of the proceeding. In 51 the event that the participant discontinues its participation in the 52 proceeding without the consent of the department, the department shall 53 be entitled to, in whole or in part, recover any payments made to such 54 participant to be refunded to the public utility or utilities that 55 provided such payment.A. 3005--B 110 1 (c) The computation of compensation pursuant to paragraph (a) of this 2 subdivision shall take into consideration the market rates paid to 3 persons of comparable training and experience who offer similar 4 services. The compensation awarded may not, in any case, exceed the 5 comparable market rate for services paid by the department or the public 6 utility, whichever is greater, to persons of comparable training and 7 experience who are offering similar services. 8 (d) Any compensation awarded to a participant and not used by such 9 participant shall be returned to the department for refund to the public 10 utility or utilities that provided such payment. 11 (e) The department shall require that participants seeking payment 12 maintain an itemized record of all expenditures incurred as a result of 13 such proceeding. 14 (i) The department may use the itemized record of expenses to verify 15 the claim of financial hardship by a participant seeking payment pursu- 16 ant to paragraph (c) of subdivision two of this section. 17 (ii) The department may use the record of expenditures in determining, 18 after the completion of a proceeding, if any unused funds remain. 19 (iii) The department shall preserve the confidentiality of the partic- 20 ipant's records in making any audit or determining the availability of 21 funds after the completion of a proceeding. 22 (f) In the event that the department finds that two or more partic- 23 ipants' applications have substantially similar interests, the depart- 24 ment may require such participants to apply jointly in order to receive 25 compensation. 26 4. Any compensation pursuant to this section shall be paid at the 27 conclusion of the proceeding by the public utility or utilities subject 28 to the proceeding within thirty days. Such compensation shall be remit- 29 ted to the department which shall then remit such compensation to the 30 participant. 31 5. The department shall deny any award to any participant who attempts 32 to delay or obstruct the orderly and timely fulfillment of the depart- 33 ment's responsibilities. 34 § 2. The state finance law is amended by adding a new section 97-pppp 35 to read as follows: 36 § 97-pppp. Utility intervenor account. 1. There is hereby established 37 in the joint custody of the state comptroller and the commissioner of 38 taxation and finance a fund to be known as the utility intervenor 39 account. 40 2. Such account shall consist of all utility intervenor reimbursement 41 monies received from utilities pursuant to section twenty-four-c of the 42 public service law. 43 § 3. This act shall take effect on the thirtieth day after it shall 44 have become a law. 45 PART JJ 46 Section 1. Paragraphs (b) and (c) of subdivision 3 of section 722 of 47 the county law, as amended by section 3 of part E of chapter 56 of the 48 laws of 2010, are amended to read as follows: 49 (b) Any plan of a bar association must receive the approval of the 50 [state administrator] office of indigent legal services before the plan 51 is placed in operation. In the county of Hamilton, representation pursu- 52 ant to a plan of a bar association in accordance with subparagraph (i) 53 of paragraph (a) of this subdivision may be by counsel furnished by the 54 Fulton county bar association pursuant to a plan of the Fulton countyA. 3005--B 111 1 bar association, following approval of the [state administrator] office 2 of indigent legal services. When considering approval of an office of 3 conflict defender pursuant to this section, the [state administrator] 4 office of indigent legal services shall employ the guidelines it has 5 heretofore established [by the office of indigent legal services] pursu- 6 ant to paragraph (d) of subdivision three of section eight hundred thir- 7 ty-two of the executive law. 8 (c) Any county operating an office of conflict defender, as described 9 in subparagraph (ii) of paragraph (a) of this subdivision, as of March 10 thirty-first, two thousand ten may continue to utilize the services 11 provided by such office provided that the county submits a plan to the 12 state administrator within one hundred eighty days after the promulga- 13 tion of criteria for the provision of conflict defender services by the 14 office of indigent legal services. The authority to operate such an 15 office pursuant to this paragraph shall expire when the state adminis- 16 trator (or, on or after April first, two thousand eighteen, the office 17 of indigent legal services) approves or disapproves such plan. Upon 18 approval, the county is authorized to operate such office in accordance 19 with paragraphs (a) and (b) of this subdivision. 20 § 2. Subdivision 3 of section 722 of the county law is amended by 21 adding a new paragraph (d) to read as follows: 22 (d) For purposes of this subdivision, any plan of a bar association 23 approved hereunder pursuant to this subdivision, as provided prior to 24 April first, two thousand eighteen, shall remain in effect until it is 25 superseded by a plan approved by the office of indigent legal services 26 or disapproved by such office. 27 § 3. Subdivision 1 of section 722-f of the county law, as added by 28 chapter 761 of the laws of 1966 and as designated by section 4 of part J 29 of chapter 62 of the laws of 2003, is amended to read as follows: 30 1. A public defender appointed pursuant to article eighteen-A of this 31 chapter, a private legal aid bureau or society designated by a county or 32 city pursuant to subdivision two of section seven hundred twenty-two of 33 this [chapter] article, [and] an administrator of a plan of a bar asso- 34 ciation appointed pursuant to subdivision three of section seven hundred 35 twenty-two of this [chapter] article and an office of conflict defender 36 established pursuant to such subdivision shall file an annual report 37 with the [judicial conference] chief administrator of the courts and the 38 office of indigent legal services. Such report shall be filed at such 39 times and in such detail and form as the [judicial conference] office of 40 indigent legal services may direct. 41 § 4. This act shall take effect April 1, 2018. 42 PART KK 43 Section 1. Section 163 of the state finance law is amended by adding a 44 new subdivision 16 to read as follows: 45 16. Consultant services. a. Before a state agency enters into a 46 contract for consultant services which is anticipated to cost more than 47 seven hundred fifty thousand dollars in a twelve month period the state 48 agency shall conduct a cost comparison review to determine whether the 49 services to be provided by the consultant can be performed at equal or 50 lower cost by utilizing state employees, unless the contract meets one 51 of the exceptions set forth in paragraph g of this subdivision. As used 52 in this section, the term "consultant services" shall mean any contract 53 entered into by a state agency for analysis, evaluation, research, 54 training, data processing, computer programming, the design, developmentA. 3005--B 112 1 and implementation of technology, communications or telecommunications 2 systems or the infrastructure pertaining thereto, including hardware and 3 software, engineering including inspection and professional design 4 services, health services, mental health services, accounting, auditing, 5 or similar services and such services that are substantially similar to 6 and in lieu of services provided, in whole or in part, by state employ- 7 ees, but shall not include legal services or services in connection with 8 litigation including expert witnesses and shall not include contracts 9 for construction of public works. For purposes of this subdivision, the 10 costs of performing the services by state employees shall include any 11 salary, pension costs, all other benefit costs, costs that are required 12 for equipment, facilities and all other overhead. The costs of consult- 13 ant services shall include the total cost of the contract including 14 costs that are required for equipment, facilities and all other overhead 15 and any continuing state costs directly associated with a contractor 16 providing a contracted function including, but not limited to, those 17 costs for inspection, supervision, monitoring of the contractor's work 18 and any pro rata share of existing costs or expenses, including adminis- 19 trative salaries and benefits, rent, equipment costs, utilities and 20 materials. The cost comparison shall be expressed where feasible as an 21 hourly rate, or where such a calculation is not feasible, as a total 22 estimated cost for the anticipated term of the contract. 23 b. Prior to entering any consultation services contract for the priva- 24 tization of a state service that is not currently privatized, the state 25 agency shall develop a cost comparison review in accordance with the 26 provisions of paragraph a of this subdivision. 27 c. (i) If such cost comparison review identifies a cost savings to the 28 state of ten percent or more, and such consultant services contract will 29 not diminish the quality of such service, the state agency shall develop 30 a business plan, in accordance with the provisions of paragraph d of 31 this subdivision, in order to evaluate the feasibility of entering any 32 such contract and to identify the potential results, effectiveness and 33 efficiency of such contract. 34 (ii) If such cost comparison review identifies a cost savings of less 35 than ten percent to the state and such consultant services contract will 36 not diminish the quality of such service, the state agency may develop a 37 business plan, in order to evaluate the feasibility of entering any such 38 contract and to identify the potential results, effectiveness and effi- 39 ciency of such contract, provided there is a significant public policy 40 reason to enter into such consultant services contract. 41 (iii) If any such proposed consultant services contract would result 42 in the layoff, transfer or reassignment of fifty or more state agency 43 employees, after consulting with the potentially affected bargaining 44 units, if any, the state agency shall notify the state employees of such 45 bargaining unit, after such cost comparison review is completed. Such 46 state agency shall provide an opportunity for said employees to reduce 47 the costs of conducting the operations to be privatized and provide 48 reasonable resources for the purpose of encouraging and assisting such 49 state employees to organize and submit a bid to provide the services 50 that are the subject of the potential consultant services contact. 51 d. Any business plan developed by a state agency for the purpose of 52 complying with paragraph c of this subdivision shall include: (i) the 53 cost comparison review as described in paragraph b of this subdivision, 54 (ii) a detailed description of the service or activity that is the 55 subject of such business plan, (iii) a description and analysis of the 56 state agency's current performance of such service or activity, (iv) theA. 3005--B 113 1 goals to be achieved through the proposed consultant services contract 2 and the rationale for such goals, (v) a description of available options 3 for achieving such goals, (vi) an analysis of the advantages and disad- 4 vantages of each option, including, at a minimum, potential performance 5 improvements and risks attendant to termination of the contract or 6 rescission of such contract, (vii) a description of the current market 7 for the services or activities that are the subject of such business 8 plan, (viii) an analysis of the quality of services as gauged by stand- 9 ardized measures and key performance requirements including compen- 10 sation, turnover, and staffing ratios, (ix) a description of the specif- 11 ic results based performance standards that shall, at a minimum be met, 12 to ensure adequate performance by any party performing such service or 13 activity, (x) the projected time frame for key events from the beginning 14 of the procurement process through the expiration of a contract, if 15 applicable, (xi) a specific and feasible contingency plan that addresses 16 contractor nonperformance and a description of the tasks involved in and 17 costs required for implementation of such plan, and (xii) a transition 18 plan, if appropriate, for addressing changes in the number of agency 19 personnel, affected business processes, employee transition issues, and 20 communications with affected stakeholders, such as agency clients and 21 members of the public, if applicable. Such transition plan shall contain 22 a reemployment and retraining assistance plan for employees who are not 23 retained by the state or employed by the contractor. If any part of such 24 business plan is based upon evidence that the state agency is not suffi- 25 ciently staffed to provide the services required by the consultant 26 services contract, the state agency shall also include within such busi- 27 ness plan a recommendation for remediation of the understaffing to allow 28 such services to be provided directly by the state agency in the future. 29 e. Upon the completion of such business plan, the state agency shall 30 submit the business plan to the state comptroller. 31 f. (i) Not later than sixty days after receipt of any business plan, 32 the state comptroller shall transmit a report detailing its review, 33 evaluation and disposition regarding such business plan to the state 34 agency that submitted such cost comparison review. Such sixty-day period 35 may be extended for an additional thirty days upon a showing of good 36 cause. 37 (ii) The state comptroller's report shall include the business plan 38 prepared by the state agency, the reasons for approval or disapproval, 39 any recommendations or other information to assist the state agency in 40 determining if additional steps are necessary to move forward with a 41 consultant services contract. 42 (iii) If the state comptroller does not act on a business plan submit- 43 ted by a state agency within ninety days of receipt of such business 44 plan, such business plan shall be deemed approved. 45 g. A cost comparison shall not be required if the contracting agency 46 demonstrates: 47 (i) the services are incidental to the purchase of real or personal 48 property; or 49 (ii) the contract is necessary in order to avoid a conflict of inter- 50 est on the part of the agency or its employees; or 51 (iii) the services are of such a highly specialized nature that it is 52 not feasible to utilize state employees to perform them or require 53 special equipment that is not feasible for the state to purchase or 54 lease; or 55 (iv) the services are of such an urgent nature that it is not feasible 56 to utilize state employees; orA. 3005--B 114 1 (v) the services are anticipated to be short term and are not likely 2 to be extended or repeated after the contract is completed; or 3 (vi) a quantifiable improvement in services that cannot be reasonably 4 duplicated. 5 h. Nothing in this section shall be deemed to authorize a state agency 6 to enter into a contract which is otherwise prohibited by law. 7 i. All documents related to the cost comparison and business plan 8 required by this subdivision and the determinations made pursuant to 9 paragraph g of this subdivision shall be public records subject to 10 disclosure pursuant to article six of the public officers law. 11 § 2. On or before December 31, 2020 the state comptroller shall 12 prepare a report, to be delivered to the governor, the temporary presi- 13 dent of the senate and the speaker of the assembly. Such report shall 14 include, but need not be limited to, an analysis of the effectiveness of 15 the cost comparison review program and an analysis of the cost savings 16 associated with performing such cost comparison. 17 § 3. This act shall take effect on the ninetieth day after it shall 18 have become a law and shall apply to all contracts solicited or entered 19 into by state agencies after the effective date of this act; provided, 20 however, the amendments to section 163 of the state finance law made by 21 section one of this act shall not affect the repeal of such section and 22 shall be deemed repealed therewith. 23 PART LL 24 Section 1. Notwithstanding any other provision of law, the commission- 25 er of corrections and community supervision shall not take any steps to 26 reduce the number of visitation hours or days available to inmates in 27 correctional facilities below the number of hours and days of visitation 28 that exist as of January 1, 2017. 29 § 2. This act shall take effect immediately. 30 PART MM 31 Section 1. The closing paragraph of section 722 of the county law, as 32 amended by chapter 453 of the laws of 1999, is amended to read as 33 follows: 34 Upon an appeal in a criminal action, and on any appeal described in 35 section eleven hundred twenty of the family court act, article six-C of 36 the correction law or section four hundred seven of the surrogate's 37 court procedure act, wherein the party is financially unable to obtain 38 counsel, the appellate court shall assign counsel furnished in accord- 39 ance with the plan, conforming to the requirements of this section, 40 which is in operation in the county or in the city in which a county is 41 wholly contained wherein the judgment of conviction, disposition, or 42 order of the trial court was entered; provided, however, that when such 43 county or city has not placed in operation a plan conforming to that 44 prescribed in subdivision three or four of this section and such appel- 45 late court is satisfied that a conflict of interest prevents the assign- 46 ment of counsel pursuant to the plan in operation, or when such county 47 or city has not placed in operation any plan conforming to that 48 prescribed in this section, such appellate court may assign any attorney 49 in such county or city and, in such event, such attorney shall receive 50 compensation and reimbursement from such county or city which shall be 51 at the same rate as is prescribed in section seven hundred twenty-two-b 52 of this chapter. Assignment of counsel upon an appeal in a criminalA. 3005--B 115 1 action pursuant to this subdivision, or pursuant to paragraph (b) of 2 subdivision one of section thirty-five of the judiciary law, includes 3 authorization for representation by appellate counsel, or an attorney 4 selected at the request of appellate counsel by the administrator of the 5 plan in operation in the county (or city in which a county is wholly 6 contained) where the conviction was entered, with respect to the prepa- 7 ration and proceeding upon a motion, pursuant to article four hundred 8 forty of the criminal procedure law, to vacate a judgment or to set 9 aside a sentence or on a motion for a writ of error coram nobis; compen- 10 sation and reimbursement for such representation and expenses shall be 11 governed by sections seven hundred twenty-two-b and seven hundred twen- 12 ty-two-c of this article. 13 § 2. This act shall take effect immediately. 14 PART NN 15 Section 1. Subparagraph (viii) of paragraph a of subdivision 10 of 16 section 54 of the state finance law is amended by adding a new clause 3 17 to read as follows: 18 (3) for the state fiscal year commencing April first, two thousand 19 seventeen and in each state fiscal year thereafter, the amount of 20 miscellaneous financial assistance from the local assistance account 21 received by a village in the state fiscal year beginning April first, 22 two thousand sixteen. 23 § 2. This act shall take effect immediately. 24 PART OO 25 Section 1. Section 30.30 of the criminal procedure law, as added by 26 chapter 184 of the laws of 1972, paragraph (a) of subdivision 3 as 27 amended by chapter 93 of the laws of 2006, paragraph (a) of subdivision 28 4 as amended by chapter 558 of the laws of 1982, paragraph (c) of subdi- 29 vision 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of 30 subdivision 4 as added by chapter 837 of the laws of 1986, paragraph (i) 31 of subdivision 4 as added by chapter 446 of the laws of 1993, paragraph 32 (j) of subdivision 4 as added by chapter 222 of the laws of 1994, para- 33 graph (b) of subdivision 5 as amended by chapter 109 of the laws of 34 1982, paragraphs (e) and (f) of subdivision 5 as added by chapter 209 of 35 the laws of 1990, is amended to read as follows: 36 § 30.30 Speedy trial; time limitations. 37 1. Except as otherwise provided in subdivision [three] four, a motion 38 made pursuant to paragraph (e) of subdivision one of section 170.30 or 39 paragraph (g) of subdivision one of section 210.20 must be granted where 40 the people are not ready for trial within: 41 (a) six months of the commencement of a criminal action wherein a 42 defendant is accused of one or more offenses, at least one of which is a 43 felony; 44 (b) ninety days of the commencement of a criminal action wherein a 45 defendant is accused of one or more offenses, at least one of which is a 46 misdemeanor punishable by a sentence of imprisonment of more than three 47 months and none of which is a felony; 48 (c) sixty days of the commencement of a criminal action wherein the 49 defendant is accused of one or more offenses, at least one of which is a 50 misdemeanor punishable by a sentence of imprisonment of not more than 51 three months and none of which is a crime punishable by a sentence of 52 imprisonment of more than three months;A. 3005--B 116 1 (d) thirty days of the commencement of a criminal action wherein the 2 defendant is accused of one or more offenses, at least one of which is a 3 violation and none of which is a crime. 4 2. Except as provided in subdivision [three] four, where a defendant 5 has been committed to the custody of the sheriff in a criminal action he 6 must be released on bail or on his own recognizance, upon such condi- 7 tions as may be just and reasonable, if the people are not ready for 8 trial in that criminal action within: 9 (a) ninety days from the commencement of his commitment to the custody 10 of the sheriff in a criminal action wherein the defendant is accused of 11 one or more offenses, at least one of which is a felony; 12 (b) thirty days from the commencement of his commitment to the custody 13 of the sheriff in a criminal action wherein the defendant is accused of 14 one or more offenses, at least one of which is a misdemeanor punishable 15 by a sentence of imprisonment of more than three months and none of 16 which is a felony; 17 (c) fifteen days from the commencement of his commitment to the custo- 18 dy of the sheriff in a criminal action wherein the defendant is accused 19 of one or more offenses, at least one of which is a misdemeanor punisha- 20 ble by a sentence of imprisonment of not more than three months and none 21 of which is a crime punishable by a sentence of imprisonment of more 22 than three months; 23 (d) five days from the commencement of his commitment to the custody 24 of the sheriff in a criminal action wherein the defendant is accused of 25 one or more offenses, at least one of which is a violation and none of 26 which is a crime. 27 3. Whenever pursuant to this section a prosecutor states or otherwise 28 provides notice that the people are ready for trial, the court may make 29 inquiry on the record as to their actual readiness. If, after conducting 30 its inquiry, the court determines that the people are not ready to 31 proceed to trial, the prosecutor's statement or notice of readiness 32 shall not be valid for purposes of this section. Following a demand to 33 produce by a defendant pursuant to section 240.20, any statement of 34 trial readiness must be accompanied or preceded by a certification of 35 good faith compliance with the disclosure requirements of section 36 240.20. This subdivision shall not apply to cases where the defense has 37 waived disclosure requirements. The defense shall be afforded an oppor- 38 tunity to be heard on the record concerning any such inquiry by the 39 court, and concerning whether such disclosure requirements have been 40 met. 41 3-a. Upon a misdemeanor complaint, a statement of readiness shall not 42 be valid unless the prosecuting attorney certifies that all counts 43 charged in the accusatory instrument meet the requirements of sections 44 100.15 and 100.40 and those counts not meeting the requirements of 45 sections 100.15 and 100.40 have been dismissed. 46 4. (a) Subdivisions one and two do not apply to a criminal action 47 wherein the defendant is accused of an offense defined in sections 48 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law. 49 (b) A motion made pursuant to subdivisions one or two upon expiration 50 of the specified period may be denied where the people are not ready for 51 trial if the people were ready for trial prior to the expiration of the 52 specified period and their present unreadiness is due to some excep- 53 tional fact or circumstance, including, but not limited to, the sudden 54 unavailability of evidence material to the people's case, when the 55 district attorney has exercised due diligence to obtain such evidenceA. 3005--B 117 1 and there are reasonable grounds to believe that such evidence will 2 become available in a reasonable period. 3 (c) A motion made pursuant to subdivision two shall not: 4 (i) apply to any defendant who is serving a term of imprisonment for 5 another offense; 6 (ii) require the release from custody of any defendant who is also 7 being held in custody pending trial of another criminal charge as to 8 which the applicable period has not yet elapsed; 9 (iii) prevent the redetention of or otherwise apply to any defendant 10 who, after being released from custody pursuant to this section or 11 otherwise, is charged with another crime or violates the conditions on 12 which he has been released, by failing to appear at a judicial proceed- 13 ing at which his presence is required or otherwise. 14 [4.] 5. In computing the time within which the people must be ready 15 for trial pursuant to subdivisions one and two, the following periods 16 must be excluded: 17 (a) a reasonable period of delay resulting from other proceedings 18 concerning the defendant, including but not limited to: proceedings for 19 the determination of competency and the period during which defendant is 20 incompetent to stand trial; demand to produce; request for a bill of 21 particulars; pre-trial motions; appeals; trial of other charges; and the 22 period during which such matters are under consideration by the court; 23 or 24 (b) the period of delay resulting from a continuance granted by the 25 court at the request of, or with the consent of, the defendant or his or 26 her counsel. The court [must] may grant such a continuance only if it is 27 satisfied that postponement is in the interest of justice, taking into 28 account the public interest in the prompt dispositions of criminal 29 charges. A defendant without counsel must not be deemed to have 30 consented to a continuance unless he has been advised by the court of 31 his or her rights under these rules and the effect of his consent, which 32 must be done on the record in open court; or 33 (c) (i) the period of delay resulting from the absence or unavailabil- 34 ity of the defendant. A defendant must be considered absent whenever his 35 location is unknown and he is attempting to avoid apprehension or prose- 36 cution, or his location cannot be determined by due diligence. A defend- 37 ant must be considered unavailable whenever his location is known but 38 his presence for trial cannot be obtained by due diligence; or 39 (ii) where the defendant has either escaped from custody or has failed 40 to appear when required after having previously been released on bail or 41 on his own recognizance, and provided the defendant is not in custody on 42 another matter, the period extending from the day the court issues a 43 bench warrant pursuant to section 530.70 because of the defendant's 44 failure to appear in court when required, to the day the defendant 45 subsequently appears in the court pursuant to a bench warrant or volun- 46 tarily or otherwise; or 47 (d) a reasonable period of delay when the defendant is joined for 48 trial with a co-defendant as to whom the time for trial pursuant to this 49 section has not run and good cause is not shown for granting a sever- 50 ance; or 51 (e) the period of delay resulting from detention of the defendant in 52 another jurisdiction provided the district attorney is aware of such 53 detention and has been diligent and has made reasonable efforts to 54 obtain the presence of the defendant for trial; orA. 3005--B 118 1 (f) the period during which the defendant is without counsel through 2 no fault of the court; except when the defendant is proceeding as his 3 own attorney with the permission of the court; or 4 (g) other periods of delay occasioned by exceptional circumstances, 5 including but not limited to, the period of delay resulting from a 6 continuance granted at the request of a district attorney if (i) the 7 continuance is granted because of the unavailability of evidence materi- 8 al to the people's case, when the district attorney has exercised due 9 diligence to obtain such evidence and there are reasonable grounds to 10 believe that such evidence will become available in a reasonable period; 11 or (ii) the continuance is granted to allow the district attorney addi- 12 tional time to prepare the people's case and additional time is justi- 13 fied by the exceptional circumstances of the case. Any such exclusion 14 when a statement of unreadiness has followed a statement of readiness 15 made by the people must be accompanied by supporting facts and approved 16 by the court. The court shall inquire on the record as to the reasons 17 for the people's unreadiness; or 18 (h) the period during which an action has been adjourned in contem- 19 plation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of 20 this chapter[.]; or 21 (i) [The] the period prior to the defendant's actual appearance for 22 arraignment in a situation in which the defendant has been directed to 23 appear by the district attorney pursuant to subdivision three of section 24 120.20 or subdivision three of section 210.10[.]; or 25 (j) the period during which a family offense is before a family court 26 until such time as an accusatory instrument or indictment is filed 27 against the defendant alleging a crime constituting a family offense, as 28 such term is defined in section 530.11 of this chapter. 29 6. At each court appearance date preceding the commencement of trial 30 in a criminal action, the court, whenever it is practicable to do so, 31 shall rule preliminarily on whether the adjournment period immediately 32 following such court appearance date is to be included or excluded for 33 the purposes of computing the time within which the people must be ready 34 for trial within the meaning of this section. The court's ruling shall 35 be noted in the court file. 36 7. In computing the time within which the people must be ready for 37 trial, pursuant to subdivision two or paragraphs (b), (c), or (d) of 38 subdivision one of this section, no time attributable to court 39 congestion shall be excluded. 40 [5.] 8. For purposes of this section, (a) where the defendant is to be 41 tried following the withdrawal of the plea of guilty or is to be retried 42 following a mistrial, an order for a new trial or an appeal or collat- 43 eral attack, the criminal action and the commitment to the custody of 44 the sheriff, if any, must be deemed to have commenced on the date the 45 withdrawal of the plea of guilty or the date the order occasioning a 46 retrial becomes final; 47 (b) where a defendant has been served with an appearance ticket, the 48 criminal action must be deemed to have commenced on the date the defend- 49 ant first appears in a local criminal court in response to the ticket; 50 (c) where a criminal action is commenced by the filing of a felony 51 complaint, and thereafter, in the course of the same criminal action 52 either the felony complaint is replaced with or converted to an informa- 53 tion, prosecutor's information or misdemeanor complaint pursuant to 54 article [180] one hundred eighty or a prosecutor's information is filed 55 pursuant to section 190.70, the period applicable for the purposes of 56 subdivision one must be the period applicable to the charges in the newA. 3005--B 119 1 accusatory instrument, calculated from the date of the filing of such 2 new accusatory instrument; provided, however, that when the aggregate of 3 such period and the period of time, excluding the periods provided in 4 subdivision [four] five, already elapsed from the date of the filing of 5 the felony complaint to the date of the filing of the new accusatory 6 instrument exceeds six months, the period applicable to the charges in 7 the felony complaint must remain applicable and continue as if the new 8 accusatory instrument had not been filed; 9 (d) where a criminal action is commenced by the filing of a felony 10 complaint, and thereafter, in the course of the same criminal action 11 either the felony complaint is replaced with or converted to an informa- 12 tion, prosecutor's information or misdemeanor complaint pursuant to 13 article [180] one hundred eighty or a prosecutor's information is filed 14 pursuant to section 190.70, the period applicable for the purposes of 15 subdivision two must be the period applicable to the charges in the new 16 accusatory instrument, calculated from the date of the filing of such 17 new accusatory instrument; provided, however, that when the aggregate of 18 such period and the period of time, excluding the periods provided in 19 subdivision [four] five, already elapsed from the date of the filing of 20 the felony complaint to the date of the filing of the new accusatory 21 instrument exceeds ninety days, the period applicable to the charges in 22 the felony complaint must remain applicable and continue as if the new 23 accusatory instrument had not been filed. 24 (e) where a count of an indictment is reduced to charge only a misde- 25 meanor or petty offense and a reduced indictment or a prosecutor's 26 information is filed pursuant to subdivisions one-a and six of section 27 210.20, the period applicable for the purposes of subdivision one of 28 this section must be the period applicable to the charges in the new 29 accusatory instrument, calculated from the date of the filing of such 30 new accusatory instrument; provided, however, that when the aggregate of 31 such period and the period of time, excluding the periods provided in 32 subdivision [four] five of this section, already elapsed from the date 33 of the filing of the indictment to the date of the filing of the new 34 accusatory instrument exceeds six months, the period applicable to the 35 charges in the indictment must remain applicable and continue as if the 36 new accusatory instrument had not been filed; 37 (f) where a count of an indictment is reduced to charge only a misde- 38 meanor or petty offense and a reduced indictment or a prosecutor's 39 information is filed pursuant to subdivisions one-a and six of section 40 210.20, the period applicable for the purposes of subdivision two of 41 this section must be the period applicable to the charges in the new 42 accusatory instrument, calculated from the date of the filing of such 43 new accusatory instrument; provided, however, that when the aggregate of 44 such period and the period of time, excluding the periods provided in 45 subdivision [four] five of this section, already elapsed from the date 46 of the filing of the indictment to the date of the filing of the new 47 accusatory instrument exceeds ninety days, the period applicable to the 48 charges in the indictment must remain applicable and continue as if the 49 new accusatory instrument had not been filed. 50 [6.] 9. The procedural rules prescribed in subdivisions one through 51 seven of section 210.45 with respect to a motion to dismiss an indict- 52 ment are also applicable to a motion made pursuant to subdivision two. 53 § 2. Subdivision 6 of section 180.85 of the criminal procedure law, as 54 added by chapter 518 of the laws of 2004, is amended to read as follows: 55 6. The period from the filing of a motion pursuant to this section 56 until entry of an order disposing of such motion shall not, by reason ofA. 3005--B 120 1 such motion, be considered a period of delay for purposes of subdivision 2 [four] five of section 30.30, nor shall such period, by reason of such 3 motion, be excluded in computing the time within which the people must 4 be ready for trial pursuant to such section 30.30. 5 § 3. This act shall take effect on the sixtieth day after it shall 6 have become a law. 7 PART PP 8 Section 1. Paragraph 4 of subsection (a) and subsection (b) of section 9 6805 of the insurance law, as added by chapter 181 of the laws of 2012, 10 are amended to read as follows: 11 (4) A charitable bail organization certificate shall be valid for a 12 term of five years from issuance. At the time of application for every 13 such certificate, [and for every renewal thereof,] an applicant shall 14 pay to the superintendent a sum of [one thousand] five hundred dollars 15 payable each term or fraction of a term, provided, however, that in his 16 or her discretion, the superintendent may waive such fee. 17 (b) A charitable bail organization shall: 18 (1) only deposit money as bail in the amount of [two] five thousand 19 dollars or less for a defendant charged with one or more [misdemeanors] 20 offenses, as defined in subdivision one of section 10.00 of the penal 21 law, provided, however, that such organization shall not execute as 22 surety any bond for any defendant; 23 (2) only deposit money as bail on behalf of a person who is financial- 24 ly unable to post bail, which may constitute a portion or the whole 25 amount of such bail; and 26 (3) [only deposit money as bail in one county in this state. Provided,27however, that a charitable bail organization whose principal place of28business is located within a city of a million or more may deposit money29as bail in the five counties comprising such city; and30(4)] not charge a premium or receive compensation for acting as a 31 charitable bail organization. 32 § 2. This act shall take effect immediately; provided that the amend- 33 ments to subsection (b) of section 6805 of the insurance law made by 34 section one of this act shall take effect on the ninetieth day after it 35 shall have become a law. 36 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 37 sion, section or part of this act shall be adjudged by any court of 38 competent jurisdiction to be invalid, such judgment shall not affect, 39 impair, or invalidate the remainder thereof, but shall be confined in 40 its operation to the clause, sentence, paragraph, subdivision, section 41 or part thereof directly involved in the controversy in which such judg- 42 ment shall have been rendered. It is hereby declared to be the intent of 43 the legislature that this act would have been enacted even if such 44 invalid provisions had not been included herein. 45 § 3. This act shall take effect immediately provided, however, that 46 the applicable effective date of Parts A through PP of this act shall be 47 as specifically set forth in the last section of such Parts.
