2002-03 Budget - Article 7 Bill s6256: PPGG

               STATE OF NEW YORK 
       ________________________________________________________________________

               S. 6256                                                  A. 9758  
               SENATE - ASSEMBLY
                      
	    			January 28, 2002
                                   ___________

       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when printed to be committed to the Committee on Finance

	IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee on Ways and Means

	AN  ACT to amend the education law, the executive law and the penal law,
         in relation to fire safety at colleges and universities (Part  A);  to
         amend  the environmental conservation law, in relation to fees charged
         by the Lake George park commission (Part B); to  amend  the  executive
         law,  in  relation to the community services block grant program (Part
         C); to amend the state finance law, in relation to the  assessment  of
         collection fees on debts owed to the state (Part D); to amend the real
         property  law,  the  general  business  law  and the executive law, in
         relation to the fees charged for  certain  license,  registration  and
         commission  applications  and examinations; to repeal subdivision 5 of
         section 74 of the general business law relating to the  fees  for  the
         change  of  name  or address of private investigator, bail enforcement
         agent and watch, guard and patrol agency licensees; to repeal subdivi-
         sion 3 of section 750-g of the general business law  relating  to  the
         fee  for the change of name or address of a pet cemetery licensee; and
         to repeal subdivision 12 of section 131 of the executive law  relating
         to  the fee for the change of name or address of a notary public (Part
         E); to amend the correction law, in relation to  the  registration  of
         sex offenders (Part F); to amend the state finance law, in relation to
         the  payment  of general purpose local government aid during the state
         fiscal year commencing April 1, 2002 and every fiscal year  thereafter
         (Part  G); to amend chapter 435 of the laws of 1997 amending the mili-
         tary law and other laws relating to various provisions, in relation to
         extending  the  expiration  date  of  the  merit  provisions  of   the
         correction  law and penal law (Part H); to amend the public lands law,
         in relation to expanding the allowable purposes for which  unappropri-
         ated  state  lands  may  be transferred to municipalities (Part I); to
         amend the general business law, in relation to  the  no  telemarketing
         sales  call  statewide  registry (Part J); to amend chapter 412 of the
         laws of 1999 amending the civil practice law and rules and  the  court
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12370-01-2

       S. 6256                            2                            A. 9758
 
	 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 the general filing fee provision and 
         inmate  property  claims exhaustion requirement of the court of claims

         act (Part K); to amend the county law, in relation to wireless  commu-
         nications  service  surcharges and to repeal certain provisions of the
         county law relating to cellular  telephone  surcharges  (Part  L);  to
         provide  a retirement incentive for certain public employees (Part M);
         and in relation to providing for the administration of  certain  funds
         and  accounts  related  to  the  2002-2003  budget; to amend the state
         finance law, chapter 389 of the laws of 1997, relating to the  financ-           
	ing  of  the  correctional  facilities  improvement fund and the youth          
	facility improvement fund and to amend the judiciary law, in  relation
         to  the  debt  reduction  reserve  fund;  to amend the private housing
         finance law, in relation to housing program bonds and notes; to  amend
         the  public authorities law, chapter 152 of the laws of 1964, relating
         to authorizing the commissioner of general  services  to  contract  on
         behalf  of  the  state  with counties in the state of New York for the
         construction of buildings and other public improvements in such  coun-
         ties  and  the  state  finance  law, in relation to variable rate debt
         instruments; and to amend the public authorities law, in  relation  to
         certain  indebtedness;  repealing  certain  provisions  of  the public
         authorities law relating thereto; and  providing  for  the  repeal  of
         certain provisions upon expiration thereof (Part N)             
	 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 2002-2003
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through N. 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 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 807-b of the education law, as added by chapter 766
   14  of  the laws of 1964, subdivision 1 as amended by chapter 16 of the laws
   15  of 1970, subdivision 2 as amended by chapter 258 of the  laws  of  1983,
   16  subparagraphs 4 and 5 of paragraph a of subdivision 3 and subdivision 12
   17  as  amended  by chapter 264 of the laws of 1971, paragraph b of subdivi-
   18  sion 3 and subdivisions 5 and 6 as amended by chapter 465 of the laws of 
   19  1979, subdivision 4 as amended by chapter 225 of the laws  of  1979  and
   20  subdivision  7  as amended by chapter 40 of the laws of 1965, is amended
   21  to read as follows: 
   22    § 807-b. College fire inspections.  1. It shall be the  duty  of  the
   23  college  authorities in general charge of the operation of any public or
   24  [private] independent college to cause the buildings under the jurisdic-
   25  tion of such  college  containing  classroom, dormitory,  fraternities,
   
        S. 6256                             3                           A. 9758
		
    1  sororities,  laboratory,  physical  education, dining  or  recreational
    2  facilities for student use to be inspected at least annually  for  fire
    3  hazards which might endanger the lives of students, teachers and employ-
    4  ees  therein.   Inspections of all public and independent college build-
    5  ings, with the exception of those within a city having a  population  of
    6  one  million  or more,  shall  be conducted by the state office of fire
    7  prevention and control or a designee of the state fire administrator. An
    8  inspection report shall be produced by the inspecting  agency  for  each
    9  building inspected.
   10    2.  The  annual  fire  inspection  for public and independent colleges
   11  shall be made [between the first day of January and  the  first  day  of
   12  June  of  every  year, and  the  reports  thereof shall be filed by the
   13  college authorities in the places required by subdivision five  of  this
   14  section no later than the sixteenth day of June of each year. The annual
   15  fire  inspection for public colleges shall be made between the first day
   16  of June and the last day of May of every year, and the  reports  thereof
   17  shall  be  filed  by  the college authorities in the places required by
   18  subdivision five of this section no later than  ninety  days  after  the
   19  date of the fire inspection] when the college is in session.
   20    3.  [a. The college authorities shall cause any fire inspection pursu-
   21  ant to this section to be made by one of the following methods,  or  any
   22  combination of such methods:
   23    (1)  Employing, either  regularly  or  specially, persons who, in the
   24  judgment of the college authorities,  are  qualified  to  make  such  an
   25  inspection or any phase thereof.
   26    (2) Contracting for the making of such inspections, or any phase ther-
   27  eof,  by  persons who,  in the judgment of the college authorities, are
   28  qualified.
   29    (3) Requesting inspection by the fire department of  any  city,  town,
   30  village or fire district in which the building is located.
   31    (4)  Requesting inspection  by a fire corporation which is subject to
   32  the provisions of section fourteen hundred  two  of  the  not-for-profit
   33  corporation  law,  if such building is located within the area described
   34  in the certificate of incorporation of any such corporation.
   35    (5) Requesting inspection by the county fire coordinator, or the offi-
   36  cer performing the powers and duties of a county fire coordinator pursu-
   37  ant to a local law, of the county in which the building is  located,  or
   38  by any deputy county fire coordinator or deputy of such other officer so
   39  performing the powers and duties of a county fire coordinator designated
   40  to  make  the inspection  by  the county fire coordinator or such other
   41  officer so performing the powers and duties of a county  fire  coordina-
   42  tor,  if  the building is located outside a city, town, village, or fire
   43  district, which has its  own  fire  department  and  outside  the  area
   44  described  in  the certificate of incorporation of any fire corporation
   45  which is subject to the provisions of section fourteen  hundred  two  of
   46  the not-for-profit corporation law.
   47    b.  No  such inspection, or phase thereof, is to be made by either of
   48  the methods specified in subparagraphs (1) and (2)  of  paragraph  a  of
   49  this  subdivision, until after the college authorities have requested a
   50  fire inspection by the methods of subparagraph (3), (4) or (5) of  para-
   51  graph  a  of  this subdivision and the persons or agencies empowered to
   52  perform such inspections pursuant to those subparagraphs have failed  to
   53  do  so  within  a reasonable  time  after such request was made and the
   54  college authorities shall give reasonable notice of the  date  and  time
   55  such inspection is to be made to the chief, or other comparable officer,
   56  of  any fire department, or fire corporation, which has the regular duty

       S. 6256                            4                            A. 9758
	   
    1  of fighting fire in the building to be inspected. Such officer,  or  any
    2  subordinate  designated by him, may be present during the inspection and
    3  may also file a report of inspection in  the  manner  provided  in  this
    4  section.  The provisions of this subdivision shall not apply to college
    5  authorities of public colleges which are annually inspected by the divi-
    6  sion of fire prevention and control within the department of state.
    7    c. If any fire department or fire corporation  described  in  subpara-
    8  graphs  (3)  and  (4) of  paragraph a of this subdivision shall fail or
    9  refuse to make a fire inspection promptly after having been requested to
   10  do so by the college authorities, the college  authorities  may  request
   11  the  county  fire coordinator, or the officer performing the powers and
   12  duties of a county fire coordinator pursuant to  a  local  law,  of  the
   13  county in which the building is located to make such inspection. If such
   14  county  fire  coordinator or such other officer so performing the powers
   15  and duties of a county fire coordinator shall fail or refuse to  make  a
   16  fire  inspection promptly  after  having been requested to do so by the
   17  college authorities, it shall be the duty of the college authorities  to
   18  cause  such  fire inspection  to  be made by either method described in
   19  subparagraph (1) or (2) of paragraph a of this subdivision.
   20    d. Regardless  of the  method  or  methods  used  to  accomplish  the
   21  inspection  required by  this section, the person making the inspection
   22  shall file the report thereof with the college authorities no later than
   23  the first day of June] The office of  fire  prevention  and  control is
   24  authorized to adopt rules and regulations establishing minimum standards
   25  for  the  content and  frequency of such inspections in order to ensure
   26  compliance  with applicable  fire  safety  standards.  In   the   event
   27  violations of applicable codes, rules and regulations pertaining to fire
   28  safety  are  found during inspections, the office of fire prevention and
   29  control is authorized  to  take  appropriate  actions  to  ensure  that
   30  violations are promptly remedied.
   31    4.  The  state fire administrator shall prescribe the [form] format of
   32  the fire inspection report [and  the  commissioner  of  education  shall
   33  furnish  a  supply  of such form to college authorities]. In prescribing
   34  such [form] format the state fire administrator shall consider standards
   35  for fire safety set forth in the [state building construction code,  the
   36  state building conservation and fire prevention] uniform fire prevention
   37  and building code and other applicable fire safety standards.
   38    5.  [The] Within ninety days of completing such inspection, the office
   39  of fire prevention and control or its designee shall file a copy of  the
   40  report [of any fire inspection shall be filed in] with the office of the
   41  college  authorities and with the commissioner [of education].  All such
   42  reports so filed [in any  public  office]  shall  be  kept  as  [public]
   43  records  for  at  least  three  years  after  which period  they may be
   44  destroyed. [In the case of fire reports prepared by persons making  such 
   45  inspections  pursuant to  paragraph  b  of  subdivision  three  of this
   46  section, one] A copy of such report shall also be filed with the  [divi-
   47  sion of fire prevention and control, one copy with the county fire coor-
   48  dinator  and  one  copy with the] chief, or other comparable officer, of
   49  any fire department or fire corporation which has the  regular  duty  of
   50  fighting fire in the building inspected.
   51    6. [It shall be the duty of the commissioner of education to ascertain
   52  annually  whether the inspections of buildings under the jurisdiction of
   53  a college required by this section have been made and the reports of the
   54  inspection have been filed in their respective offices.  The commission-
   55  er of education shall review the reports of inspection filed pursuant to
   56  this section and may] The office of fire prevention and control  or its 
   
        S. 6256                            5                            A. 9758
		
    1  designee  shall make  recommendations  to  the college authorities with
    2  respect to any problems relating to building fire safety noted  in  such
    3  reports.  The  commissioner  [of  education]  may inspect or cause to be
    4  inspected at any reasonable time for fire prevention and fire protection
    5  purposes  the  buildings  required  to be inspected by this section. The
    6  commissioner [of education] may impose a fine  of  up  to  five  hundred
    7  dollars  per  day  upon any public or independent college which fails to
    8  [timely comply with the filing requirements of this section] remedy,  to
    9  the  satisfaction of  the  office  of  fire prevention and control, any
   10  violation noted in a report within thirty days of receiving  a  copy  of
   11  such report.
   12    7.  Every public or [private] independent college building required to
   13  be inspected [as hereinabove provided] by the office of fire  prevention
   14  and  control  or its designee may also be [inspected] examined for [fire
   15  prevention and] fire protection purposes at any reasonable time by
   16    a. the chief of the fire department of the city, town, village or fire
   17  district in which the college building is located,
   18    b. the chief of a fire corporation having its headquarters  outside  a
   19  village or fire district, if the college building is located in the area
   20  described in the certificate of incorporation of such company,
   21    c.  the  chief  of  the fire department or fire company affording fire
   22  protection to a fire district, fire protection district, or  fire  alarm
   23  district  pursuant  to a contract, if the college building is located in
   24  any such district,
   25    d. the member of any fire department or fire company listed  in  para-
   26  graphs  a, b or c of this subdivision assigned by the chief [thereof the
   27  duty of inspecting college buildings].
   28    8. Any person, or any public or other corporation for which  any  such
   29  persons  acts,  shall  not  be liable for any error, omission or lack of
   30  thoroughness in the making of the  inspection  and report  required  or
   31  permitted by this section.
   32    9.  The term "college authorities", as used in this section, means the
   33  board of trustees, board of  directors,  or  other governing  board  in
   34  general charge of the operation of any such college.
   35    10.  The  term "public college" shall [means] mean and include "state-
   36  operated institutions", "statutory or contract colleges" and  "community
   37  colleges" as defined in section three hundred fifty of this chapter.
   38    11. The term "[private] independent college" shall mean colleges other
   39  than those included within subdivision ten of this section.
   40    [12.  This section shall not apply to buildings under the jurisdiction
   41  of a college located in the cities  of  New  York,  Buffalo,  Rochester,
   42  Syracuse, Yonkers and Albany.]
   43    §  2.  The  executive  law is amended by adding a new section 156-d to
   44  read as follows:
   45    § 156-d. College fire safety. 1. Notwithstanding the provisions of any
   46  law to the contrary, the office of fire prevention and control,  by  and
   47  through  the  state fire administrator or their duly authorized officers
   48  and employees, shall have the responsibility to annually inspect  build-
   49  ings under the jurisdiction of public colleges and independent colleges,
   50  as  these  terms are  defined  in  section eight hundred seven-b of the
   51  education law, for compliance with and violations of  the  uniform  fire
   52  prevention  and building  code;  or  any other applicable code, rule or
   53  regulation pertaining to fire safety. Buildings  subject  to  inspection
   54  are  all  buildings under  the  jurisdiction  of such colleges used for
   55  classroom, dormitory, fraternity, sorority, laboratory, physical  educa-
   56  tion, dining, recreational or other purposes. 
   
        S. 6256                            6                            A. 9758
		
    1    2.  a.  The office of fire prevention and control shall have the power
    2  to issue a notice of violation and orders requiring the remedying of any
    3  condition found to exist  in,  on  or  about  any  such  building  which
    4  violates  the uniform  fire  prevention and building code, or any other
    5  code,  rule  or regulation pertaining to fire safety, fire safety equip-
    6  ment and fire safety devices.   Such office  is  further  authorized  to
    7  promulgate regulations regarding the issuance of violations, compliance
    8  with orders, and providing for time for compliance, reinspection  proce-
    9  dures, and issuance of certificates of conformance.
   10    b.  Where  any college authority in general charge of the operation of
   11  any public or independent college buildings is served personally  or  by
   12  registered  or certified  mail  with  an  order  of  the office of fire
   13  prevention and control to remedy any violation and fails to comply  with
   14  such  order immediately  or  within such other time as specified in the
   15  order, the office of fire prevention and control may avail itself of any
   16  or all of the following remedies: (1) assess a civil penalty  of  up  to
   17  five hundred dollars per day until the violation is corrected; (2) order
   18  immediate  closure of  the building, buildings or parts thereof where a
   19  violation exists that poses an imminent  threat  to  public  health  and
   20  safety;  (3) exercise all of the authority conferred upon the secretary
   21  of state pursuant to article eighteen of this chapter to obtain  compli-
   22  ance  with  its orders; or (4) refer violations to the appropriate local
   23  government authorities for enforcement pursuant to article  eighteen  of
   24  this chapter.
   25    c. The office of fire prevention and control by and through the secre-
   26  tary of state is authorized to commence necessary proceedings in a court
   27  of  competent jurisdiction seeking enforcement of any of its orders and
   28  payment of assessed penalties.
   29    3. a. Except as provided herein, any county, city,  town  or  village,
   30  pursuant to resolution of their respective legislative bodies, may apply
   31  to  the  office  of fire prevention and control for delegation of all or
   32  part of the duties, rights and powers conferred upon the office of  fire
   33  prevention and control by this section and section eight hundred seven-b
   34  of  the  education law.  Upon acceptable demonstration of adequate capa-
   35  bility, resources and commitment on the  part  of  the  applicant  local
   36  government,  the office  of  fire  prevention and control may make such
   37  delegation, in which case the local government shall also  have  all  of
   38  the  rights,  duties and powers provided to local governments in article
   39  eighteen of this chapter and in any city charter or code.  The authority
   40  granted in this section to assess  civil  penalties,  order  closure  of
   41  buildings  and  take action  possessed  by the secretary of state under
   42  article eighteen of this chapter, shall not be delegated  to  the  local
   43  government.  Such powers shall continue in the office of fire prevention
   44  and control which may exercise them in the case of  violations,  on  its
   45  own  volition  or at  the  request of the delegee local government. The
   46  delegation shall expire after three years, and may  be  renewed  at  the
   47  discretion  of the office of fire prevention and control. All inspection
   48  reports conducted pursuant to a delegation of authority shall be prompt-
   49  ly filed with the office of fire prevention and control.  In  the  event
   50  any such report is not filed or reasonable grounds exist to believe that
   51  inspections  or enforcement are inadequate or ineffective, the office of
   52  fire prevention and control may revoke the  delegation  or  continue  it
   53  subject  to  terms and  conditions  specified  by  the  office  of fire
   54  prevention and control.
   55    b. The authorities in a city having a population  of  one  million  or
   56  more  shall  exercise all of the rights, powers and duties pertaining to

       S. 6256                            7                            A. 9758
	   
    1  inspection of independent and public college buildings  and  enforcement
    2  provided in this section and section eight hundred seven-b of the educa-
    3  tion  law, without impairing any existing authority of such city. A copy
    4  of  all  inspection reports  shall  be  filed  with  the office of fire
    5  prevention and control by the authorities conducting inspections.
    6    § 3. The penal law is amended by adding  three new  sections  145.75,
    7  145.80 and 145.85 to read as follows:
    8  § 145.75 Tampering with a fire protection device; fire protection device
    9             defined.
   10    For  the purposes of sections 145.80 and 145.85 of this article, "fire
   11  protection device" means any apparatus that  is  designed  to  detect  a
   12  fire,  activate  a fire alarm, extinguish or control a fire, control or
   13  manage smoke or products of a fire, or any combination thereof,  includ-
   14  ing,  but  not limited  to,  an alarm bell, alarm sounding device, pull
   15  station or other manual alarm initiating device,  single  station  fire,
   16  smoke  or  carbon monoxide  detector, integrated fire or smoke detector
   17  system, individual sprinkler head, integrated  sprinkler  system,  stand
   18  pipe,  stand  pipe system,  portable  fire extinguisher, fire emergency
   19  hose, fire hydrant, fire hydrant system, fire  warning,  directional  or
   20  assistive sign or light.
   21  § 145.80 Tampering with a fire protection device in the second degree.
   22    A  person  is guilty of tampering with a fire protection device in the
   23  second degree when, having no right to do so nor any  reasonable  ground
   24  to believe that he or she has such right, such person knowingly damages,
   25  alters or removes a fire protection device or a component thereof, under
   26  circumstances evincing  knowledge that such conduct may increase a risk
   27  of physical injury to, or damage to the property of, another person.
   28    Tampering with a fire protection device in  the  second  degree  is  a
   29  class A misdemeanor.
   30  § 145.85 Tampering with a fire protection device in the first degree.
   31    A  person  is guilty of tampering with a fire protection device in the
   32  first degree when he or she commits the crime of tampering with  a  fire
   33  protection device in the second degree and:
   34    1. has previously been convicted of the crime of tampering with a fire
   35  protection  device in  the first or second degree or a crime defined in
   36  section 120.20, 120.25, 145.00, 145.05, 145.10, 145.12, 150.05,  150.10,
   37  150.15 or 150.20 of this chapter; or
   38    2. another person is physically injured as a result thereof; or
   39    3.  the  property of another person is damaged in an amount exceeding
   40  two hundred fifty dollars as a result thereof.
   41    Tampering with a fire protection device in the first degree is a class
   42  E felony.
   43    § 4. This act shall take effect January 1,  2003, provided  that  the
   44  office  of fire prevention and control shall have the authority to adopt
   45  such rules and regulations and take any actions in advance of such  date
   46  which are necessary to implement the provisions of this act.
   47                                   PART B
   48    Section  1.  Subdivision  2  of  section  43-0125 of the environmental
   49  conservation law, as added by chapter  617  of  the laws  of  1987,  is
   50  amended to read as follows:
   51    2.  The  following annual fees to be paid to the commission are hereby
   52  established:
   53    (a) Dock, wharf and mooring fees. The owner of a dock, wharf or  moor-
   54  ing  within  the park used for non-commercial residential purposes shall

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    1  pay an annual fee of [twenty-five] thirty-seven dollars and fifty cents.
    2  The owner of a dock  or  wharf  within  the  park used  for  commercial
    3  purposes  shall  pay  an  annual  fee of [two] three dollars and [fifty]
    4  seventy-five cents  per linear foot for each such dock.  The owner of a
    5  mooring used for commercial purposes shall pay an annual fee of  [fifty]
    6  seventy-five dollars for each mooring. New docks constructed for commer-
    7  cial use after the effective date of this section shall pay a first time
    8  fee  of  [five] seven dollars and fifty cents per linear foot and [two]
    9  three dollars and [fifty] seventy-five cents per  linear  foot annually
   10  thereafter.
   11    (b)  Boat fees. In addition to the registration required by the state,
   12  any mechanically propelled boat or vessel with ten horsepower  or  more
   13  and  any non-mechanically propelled boat or vessel eighteen feet or more
   14  in length used within the park shall have an annual permit issued by the
   15  commission. The fee therefor for boats twenty feet or  less  in  length
   16  overall  shall be [twenty] thirty dollars; for boats twenty-one to twen-
   17  ty-five feet in length overall, [twenty-five] thirty-seven dollars  and     18  fifty  cents; and  for  boats  over twenty-five feet in length overall,
   19  [twenty-five] thirty-seven   dollars and fifty cents  and  [five]  seven
   20  dollars  and  fifty cents  for  each  foot  by which the length overall
   21  exceeds twenty-five feet; for boats  over twenty-five  feet  in  length
   22  overall  outfitted for overnight use, [twenty-five] thirty-seven dollars
   23  and fifty cents and [twenty] thirty dollars for each foot by  which  the
   24  overall  length exceeds twenty-five feet. The commission may establish a
   25  one week use permit for  eleven  dollars  and  twenty-five  cents.  The
   26  commission  may  establish a one day use permit for [five] seven dollars
   27  and fifty cents for any mechanically propelled boat or vessel [with less
   28  than twenty-five horsepower] or nonmechanically propelled boat or vessel
   29  subject to the annual fee.
   30    § 2. This act shall take effect April 1, 2002; provided,  however,  if
   31  this  act  shall become a law after such date it shall take effect imme-
   32  diately and shall be deemed to have been in full force and effect on and
   33  after April 1, 2002.
   34                                   PART C
   35    Section 1. Subdivision 2 of section 159-e of  the executive  law,  as
   36  amended  by  chapter  710  of  the  laws  of 1983, is amended to read as
   37  follows:
   38    2. "Eligible entity" shall mean any organization which was  officially
   39  designated  as  a  community action agency or a community action program
   40  under the provisions of section two hundred ten of the economic opportu-
   41  nity act of 1964 for fiscal year  1981,  unless such  community  action
   42  agency  or a community action program lost its designation under section
   43  two hundred ten of such act as a result of a failure to comply with  the
   44  provisions  of  such  act.  Such  eligible entity shall have a governing
   45  board which is constituted so as to assure that one-third of the members
   46  of the board are elected public officials, currently holding office,  or
   47  their representatives, [to be selected by the chief elected officials of
   48  the  state  or  local government or combination thereof, who possess the
   49  authority to designate an eligible entity  pursuant  to  this  article,]
   50  except  that if the number of elected officials reasonably available and
   51  willing to serve is less than one-third of the membership of the  board,
   52  membership on the board of appointive public officials may be counted in
   53  meeting  such  one-third requirements[.  At]; at  least one-third of the
   54  members are persons chosen in accordance with any democratic  selection
   
        S. 6256                             9                            A. 9758
		
    1  procedure  which  assures maximum feasible participation of poor persons
    2  residing in the area to be  served  by  the eligible  entity;  and  the
    3  remainder  of  the  members  are  representatives of interest groups and
    4  private  organizations  within the community to be served, including but
    5  not limited to social service agencies, educational institutions,  busi-
    6  ness, industrial, labor, law enforcement, and religious organizations.
    7    § 2. Section  159-i of the executive law, as amended by chapter 360 of
    8  the laws of 2001, is amended to read as follows:
    9    § 159-i. Distribution of funds. [For federal fiscal year two  thousand
   10  two  at] At  least ninety percent of the community services block grant
   11  funds received by the state shall be distributed pursuant to a  contract
   12  by  the  secretary  to grantees as defined in subdivision one of section
   13  one hundred fifty-nine-e  of  this  article.  Each such  grantee  shall
   14  receive  the  same proportion of community services block grant funds as
   15  was the proportion of funds received in  federal fiscal  year  nineteen
   16  hundred  eighty-one by such grantee under the federal community services
   17  administration program account numbers 01 and 05 pursuant to section two
   18  hundred twenty-one of title II and for migrant and seasonal farm  worker
   19  organizations  pursuant to section two hundred twenty-two of title II of
   20  the economic opportunity act of 1964, as amended, as  compared  to  the
   21  total  amount  received  by all grantees in the state, under the federal
   22  community services administration program  account numbers  01  and  05
   23  pursuant  to  section two hundred twenty-one of title II and for migrant
   24  and seasonal farm worker organizations pursuant to section  two  hundred
   25  twenty-two  of  title  II  of  such  act in federal fiscal year nineteen
   26  hundred eighty-one.
   27    [For federal fiscal year two thousand two the]  The secretary  shall,
   28  pursuant to section one hundred fifty-nine-h of this article, retain not
   29  more  than  five percent of the community services block grant funds for
   30  administration at the state level.
   31    [For federal fiscal year two thousand two the] The remainder  of  the
   32  community  services  block  grant  funds  received by the state shall be
   33  distributed pursuant to a contract by the  secretary in  the  following
   34  order  of  preference:  a  sum  of  up to one-half of one percent of the
   35  community services block grant funds received by the  state  to  Indian
   36  tribes and tribal organizations as defined in this article, on the basis
   37  of  need; [community action agencies] eligible entities established [in]
   38  subsequent to federal fiscal year nineteen hundred eighty-three;  [coun-
   39  ties  which  do not have a community action agency in existence and seek
   40  to establish an organization which is consistent with the objectives  of
   41  an  eligible entity; limited purpose agencies which had received funding
   42  during federal fiscal year nineteen hundred eighty-one under section two
   43  hundred twenty-one, section two hundred twenty-two(a)(4) or section  two
   44  hundred  thirty-two of title II of the economic opportunity act of 1964,
   45  as amended;] and community based organizations.
   46    § 3. This act shall take effect April 1, 2002; provided,  however,  if
   47  this  act  shall become a law after such date it shall take effect imme-
   48  diately and shall be deemed to have been in full force and effect on and
   49  after April 1, 2002; provided, however, that the amendments to  subdivi-
   50  sion  2  of section 159-e and section 159-i of the executive law made by
   51  sections one and two of this act shall not affect the expiration of such
   52  sections as provided by section 5 of chapter 728 of the laws of 1982, as
   53  amended, and shall be deemed to expire therewith.
   54                                   PART D

       S. 6256                           10                            A. 9758
	   
    1    Section 1. Subdivisions 1, 5, 6 and 10 of  section 18  of  the  state
    2  finance  law, as added by chapter 55 of the laws of 1992, are amended to
    3  read as follows:
    4    1.  As  used  in this section: (a) "state agency" shall mean any state
    5  department,  board,  bureau,  division,  commission, committee,  public
    6  authority, public benefit corporation, council, office, or other govern-
    7  mental  entity performing a governmental or proprietary function for the
    8  state; (b) "debt" shall mean any liquidated sum due and owing any  state
    9  agency  which  has accrued pursuant to law or through contract, subroga-
   10  tion, tort or other cause of action, except a liability  resulting  from
   11  taxes  or  other  impositions  administered by the state commissioner of
   12  taxation and finance, regardless of  whether  there is  an  outstanding
   13  judgment  for  that  sum;  [and] (c) "debtor" shall mean any individual,
   14  business, or other entity, which is not a state agency, municipal corpo-
   15  ration or district corporation, having a debt with any state agency; (d)
   16  "liquidated" shall mean an amount which is fixed or certain  or  capable
   17  of  being readily calculated, whether or not the underlying liability or
   18  amount of the debt is disputed; and (e) "outstanding"  debt  shall  mean
   19  the  amount  set forth  in  the billing invoice or notice mailed to the
   20  debtor, together with  late  payment  charges  and  interest,  less  any
   21  payments made by or on behalf of the debtor.
   22    5.  In addition to the charges referred to in subdivision four of this
   23  section, and unless provided otherwise by  contract, statute  or  regu-
   24  lation,  a  debtor  that fails to make payment of a debt subject to this
   25  section within ninety days of receipt by the debtor of the first billing
   26  invoice or notice may be assessed an additional collection fee  charge[,
   27  not  to exceed twenty-two percent of the outstanding debt which is owed,
   28  by a state agency] to  cover  the  cost  of  processing,  handling  and
   29  collecting  such debt, not to exceed twenty-two percent of the outstand-
   30  ing debt, which collection fee shall be added to and payable in the same
   31  manner as the outstanding debt.  The assessed collection fee charge  may
   32  not  exceed  the  agency's  estimated  cost  of processing, handling and
   33  collecting such debt.
   34    6. Any interest or late payment  charges  assessed pursuant  to  this
   35  section  shall  be  paid upon notice and demand and shall be treated and
   36  collected in the same manner as the original debt which is due and owing
   37  and shall be  collected  by  a  state  agency  when such  agency  deems
   38  collection  to  be  administratively  practical  and cost-effective. Any
   39  collection fee charges assessed pursuant to this section shall  be  paid
   40  upon  notice  and  demand  and shall be collected by a state agency when
   41  such agency deems collection to be administratively practical and  cost-
   42  effective.    In any action brought by or on behalf of a state agency to
   43  recover an outstanding debt, a demand for collection fee charges may  be
   44  set forth in the statement of damages sought.
   45    10.  Every state agency to which this section is applicable is author-
   46  ized to enter into written agreements with any debtor under  which  such
   47  debtor  is allowed to satisfy liability for payment of any debt, includ-
   48  ing any interest imposed by this section on that portion of such debt as
   49  to which an extension is granted, in installment payments if  the  state
   50  agency determines that such agreement will facilitate collection of such
   51  liability.  Provided  [futher] further,  that  where  such state agency
   52  determines that immediate collection of the debt would  jeopardize  the
   53  debtor's  fiscal  viability  and  thereby pose a hardship to the public,
   54  such agency shall offer to enter into a written agreement to temporarily
   55  defer collection of the debt, collect the debt on an installment  basis,

       S. 6256                           11                            A. 9758
	   
    1  or  make  other  reasonable  arrangements to reduce such hardship on the
    2  public of collecting the debt.
    3    §  2.  This  act  shall take effect immediately and shall apply to any
    4  action or proceeding pending or commenced on or after such date.
    5                                   PART E
    6    Section 1. Subdivisions 9, 10 and 11 of  section 441-a  of  the  real
    7  property law, as added by chapter 61 of the laws of 1989, are amended to
    8  read as follows:
    9    9.  [Except  for changes  made  on a renewal application, the fee for
   10  changing an address on a license shall be ten dollars.
   11    10.] Except for changes made on a renewal  application,  the  fee  for
   12  changing  a  name  or  for changing the status of a real estate broker's
   13  license shall be one hundred fifty dollars.  [The  fee  for  changing  a
   14  salesperson's name shall be fifty dollars.
   15    11] 10. If a real estate salesperson shall leave the service of a real
   16  estate  broker, the real estate broker shall file a termination of asso-
   17  ciation notice on such form as secretary may designate.  [The  fee  for
   18  terminating  the record  of  association  shall  be  ten  dollars.] The
   19  salesperson's license may be endorsed to a new sponsoring  broker  upon
   20  the  establishment of a new record of association filed with the depart-
   21  ment of state. [The fee for filing a record of association shall be  ten
   22  dollars.]
   23    § 2. Subdivisions 1 and 1-A of section 441-b of the real property law,
   24  subdivision 1 as amended by chapter 324 of the laws of 1998 and subdivi-
   25  sion  1-A  as amended by section 12 of part B of chapter 411 of the laws
   26  of 1999, are amended to read as follows:
   27    1. The fee for a license issued or reissued under the  provisions  of
   28  this  article  entitling  a  person,  co-partnership, limited liability
   29  company or corporation to act as a  real  estate broker  shall  be  one
   30  hundred  [fifty] seventy-five  dollars. The fee for a license issued or
   31  reissued under the provisions of this article entitling a person to  act
   32  as  a  real  estate salesman shall be [fifty]  sixty dollars.  [Notwith-
   33  standing the provisions of subdivision seven  of  section  four  hundred
   34  forty-one-a  of  this article,  after  January  first, nineteen hundred
   35  eighty-six, the secretary of state  shall  assign  staggered  expiration
   36  dates  for outstanding  licenses  that  have been previously renewed on
   37  October thirty-first of each year from the assigned date unless renewed.
   38  If the assigned date results in a term that exceeds twenty-four  months,
   39  the  applicant shall pay an additional prorated adjustment together with
   40  the regular renewal fee. The secretary of state shall  assign  dates  to
   41  existing  licenses  in a manner which shall result in a term of not less
   42  than two years.]
   43    1-A. The fee for a person to take an examination offered by the secre-
   44  tary of state pursuant to this article shall  be  [fifteen]  twenty-five
   45  dollars.    Fees  collected  by the department of state pursuant to this
   46  article shall be deposited to the credit of the business  and  licensing
   47  services  account  established pursuant to section ninety-seven-y of the
   48  state finance law.
   49    § 3. Subdivisions 2, 3 and 5 of section 446-b  of the  real  property
   50  law,  subdivision  2  as  amended  by chapter 61 of the laws of 1989 and
   51  subdivisions 3 and 5 as amended by chapter 805 of the laws of 1980,  are
   52  amended to read as follows:

       S. 6256                           12                            A. 9758
	   
    1    2.  The  application  for such license shall be filed in the office of
    2  the secretary of state on such forms as the secretary may prescribe  and
    3  shall be accompanied by a fee of four hundred thirty-five dollars.
    4    3. When the apartment information vendor maintains more than one place
    5  of  business, he shall apply for and the secretary shall issue a supple-
    6  mental license for each branch office so maintained upon  payment  of  a
    7  fee  of  two  hundred [fifty] seventy-five dollars for each supplemental
    8  license  so  issued.  Supplemental  licenses  shall  be   conspicuously
    9  displayed  in  each  branch office. The display of an expired license by
   10  any person, firm, partnership or  corporation  is  a violation  of  the
   11  provisions of this article.
   12    5.  Any license granted under the provisions hereof may be renewed for
   13  one year by the secretary upon application therefor by  the  holder,  in
   14  such  form  as the secretary may prescribe, and payment of a two hundred
   15  [fifty] seventy-five dollar fee for  such  license. The  secretary  may
   16  dispense  with  the requirement for the filing of such statements as was
   17  contained in the original application for license.
   18    § 4. Subdivision 5 of section 69-o of the  general business  law,  as
   19  amended  by  chapter  575  of  the  laws  of 1993, is amended to read as
   20  follows:
   21    5. There shall be an examination fee of [fifteen] twenty-five dollars.
   22    § 5. Section 69-r of the general business law, as amended  by  chapter
   23  575 of the laws of 1993, is amended to read as follows:
   24    §  69-r.  Fees.  1. The fee for a license to engage in the business of
   25  installing, servicing or maintaining  security  or fire  alarm  systems
   26  shall be two hundred twenty-five dollars plus an amount to be determined
   27  by  the  division  of criminal justice services to cover the cost of the
   28  division's fingerprint search and report. For each renewal thereof,  the
   29  fee shall be one hundred twenty-five dollars plus an amount to be deter-
   30  mined  by the division of criminal justice services to cover the cost of
   31  the division's fingerprint search and report.
   32    2. The fee for taking an  examination  under  this article  shall  be
   33  [fifteen] twenty-five dollars; provided, however, that if the applicant
   34  qualifies for a license as the result of such examination, the fee  paid
   35  for  the  privilege  of taking such examination shall be included in the
   36  license fee for the license issued to him thereon.
   37    3. The fee for issuing a duplicate license  in substitution  for  one
   38  lost, destroyed or mutilated shall be twenty-five dollars.
   39    4. [The fee for changing a name or address shall be ten dollars.
   40    5.] The fees hereinabove set forth shall be those for licenses issued
   41  for the license period of two years or fraction of such period.
   42    § 6. Subdivision 5 of section  74  of  the general  business  law  is
   43  REPEALED.
   44    §  7.  Paragraphs  (a)  and  (c) of subdivision 1 of section 74 of the
   45  general business law, as amended by chapter 562 of the laws of 2000, are
   46  amended to read as follows:
   47    (a) The application shall be  accompanied  by  a non-refundable  fee,
   48  payable  to  the  department of state for the use of the state, for each
   49  certificate of license, as herein below enumerated, issued to the  appli-
   50  cant,  if  the  applicant  be an individual, of four hundred thirty-five
   51  dollars for a license as private investigator or bail enforcement  agent
   52  or  a  fee  of three hundred thirty-five dollars for a license as watch,
   53  guard or patrol agency, or if the  applicant  be  a firm,  partnership,
   54  limited  liability company or corporation, a fee of five hundred thirty-
   55  five dollars for a license as private investigator or  bail  enforcement
        S. 6256                           13                            A. 9758
      1  agent  or  a  fee  of  four hundred thirty-five dollars for a license as
    2  watch, guard or patrol agency.
    3    (c)  The secretary of state shall receive a non-refundable examination
    4  fee of [fifteen] twenty-five dollars from each person who takes an exam-
    5  ination to qualify for application for licensure pursuant to this  arti-
    6  cle. Fees paid to the department of state pursuant to this article shall
    7  be  deposited in the business and licensing services account established
    8  pursuant to section ninety-seven-y of the state finance law.
    9    § 8. Subdivision 2 of section 89-ddd of the general business  law,  as
   10  added by chapter 557 of the laws of 1997, is amended to read as follows:
   11    2.  Upon  original  application for a license to operate as an armored
   12  car carrier, the applicant shall pay an application fee in the amount of
   13  three hundred  thirty-five dollars.  Upon  application  for  a  license
   14  renewal,  the  licensee shall pay a renewal processing fee in the amount
   15  of three hundred thirty-five dollars.
   16    § 9. Subdivision 7 of section 89-rrr of the general business  law,  as
   17  added by chapter 557 of the laws of 1997, is amended to read as follows:
   18    7.  An  application  processing fee of [fifty] sixty dollars and a fee
   19  pursuant to subdivision eight-a of section eight hundred thirty-seven of
   20  the executive law, and amendments thereto, for the cost  of  the  divi-
   21  sion's full search and retain procedures, which fee shall be remitted by
   22  the  department  to the division for deposit by the comptroller into the
   23  general fund.
   24    § 10. Subdivision 1 of section 89-m of the general business  law,  as
   25  added by chapter 336 of the laws of 1992, is amended to read as follows:
   26    1. Registration cards shall expire two years from the date of issuance
   27  or  last  renewal  as the case may be. Not less than sixty nor more than
   28  ninety days prior to the expiration date of  a registration  card,  the
   29  department  shall  mail  to  each  registrant at his last known address,
   30  notice of renewal and a registration renewal  form. Registration  cards
   31  shall  not  be  renewed  unless not more than sixty nor less than thirty
   32  days prior to the expiration date of the registration card,  the  holder
   33  submits  to  the  department,  a  registration renewal form sworn to or
   34  affirmed by the holder under the penalty  of perjury  together  with  a
   35  biennial  renewal  fee in the amount of [twenty-five] thirty-six dollars
   36  payable to the department and a certificate certifying that  the  holder
   37  has  satisfactorily  completed  the  required annual in-service training
   38  courses as prescribed by the commissioner pursuant to subdivision one of
   39  section eight hundred forty-one-c  of  the executive  law.  Unless  the
   40  department  determines  the  existence  of  facts which would constitute
   41  cause for denial, revocation or  suspension  of  the registration  card
   42  pursuant  to  this article, it shall renew the registration card. Denial
   43  of renewal hereunder shall be reviewable by an administrative hearing as
   44  set forth in section seventy-nine of  this  chapter. The  [twenty-five]
   45  thirty-six dollar biennial renewal fee collected by the department shall
   46  be  deposited  to  the  business  and  licensing [examinations] services
   47  account established pursuant to the provisions of section [97-aa]  nine-
   48  ty-seven-y of the state finance law. Notice that a registration card has
   49  expired  or has not been renewed pursuant to this section shall be given
   50  by the secretary to the holder of such  registration card  and  to  the
   51  security  guard company by which such holder was employed at the time of
   52  such expiration or non-renewal.
   53    § 11. Section 386 of the general business law, as amended  by  chapter
   54  249 of the laws of 1999, is amended to read as follows:
   
        S. 6256                           14                            A. 9758
		
    1    §  386.  Fees.  1.  Every manufacturer of new or used bedding and each
    2  repairer-renovator or rebuilder of bedding shall pay a registration  fee
    3  of one hundred [fifty] seventy-five dollars to the department of state.
    4    2. Every person engaged in the sale of used bedding shall pay a regis-
    5  tration  fee  of  one  hundred  twenty-five dollars to the department of
    6  state.
    7    § 12. Section 409 of the general business law, as added by chapter 509
    8  of the laws of 1992, subdivision 1 as amended by chapter 341 of the laws
    9  of 1998 and subdivision 3 as amended by section 9 of part B  of  chapter
   10  411 of the laws of 1999, is amended to read as follows:
   11    §  409.  Fees.    1.  The  non-refundable fee for an application for a
   12  license to engage in the practice of  nail specialty,  waxing,  natural
   13  hair  styling,  esthetics  or cosmetology, shall be [twenty] twenty-five
   14  dollars initially and for each renewal thereof the fee shall be [twenty]
   15  twenty-five dollars; the fee for a temporary license  and  each  renewal
   16  shall be [ten] fifteen dollars.
   17    2.  The  fee  for  an appearance enhancement business license shall be
   18  [thirty] thirty-five dollars initially and [thirty] thirty-five  dollars
   19  for each renewal thereof.
   20    3.  The  secretary  shall  receive a non-refundable examination fee of
   21  [fifteen] twenty-five dollars from each person who takes  a  written  or
   22  practical examination pursuant to this article. Fees collected pursuant
   23  to this article shall be deposited to the credit  of the  business  and
   24  licensing  services  account  established  pursuant to the provisions of
   25  section ninety-seven-y of the state finance law.
   26    4. The fee for issuing a duplicate  license certificate,  in  substi-
   27  tution for one lost, destroyed or mutilated shall be ten dollars.
   28    5.  [The fee for changing a name on an appearance enhancement business
   29  license shall be thirty dollars.
   30    6. The fee for changing the address on a license shall be ten dollars.
   31    7.] The fees herein set forth shall be those for licenses  issued  for
   32  the license period of two years.
   33    §  13.  Subdivision  2  of section 421 of the general business law, as
   34  added by chapter 402 of the laws of 1998, is amended to read as follows:
   35    2. Upon original application for  a  license  to operate  as  a  coin
   36  processor, the applicant shall pay an application fee, in such amount as
   37  may  be determined by the secretary, not to exceed three hundred thirty-
   38  five dollars.   Upon application for a  license  renewal,  the  licensee
   39  shall pay a renewal processing fee in such amount as shall be determined
   40  by the secretary, not to exceed three hundred thirty-five dollars.
   41    §  14.  Section 440 of the general business law, as amended by chapter
   42  61 of the laws of 1989, is amended to read as follows:
   43    § 440. Fees. 1. The fee for a license to engage in  the  practice  of
   44  barbering  shall  be  [twenty] twenty-five dollars and for each renewal
   45  thereof the fee shall be [twenty] twenty-five dollars.
   46    2. The fee for a license to conduct a barber shop shall  be  [thirty]
   47  thirty-five dollars and for each renewal thereof the fee shall be [thir-
   48  ty] thirty-five dollars.
   49    3.  The  fee  for taking a written or practical examination under this
   50  article shall be [fifteen] twenty-five dollars.
   51    4. The fee for the registration or the renewal of the registration  of
   52  an apprentice shall be [ten] fifteen dollars.
   53    5.  The  fee  for  issuing a duplicate license in substitution for one
   54  lost, destroyed or mutilated shall be ten dollars.
   55    6. [The fee for changing a name on a license shall be thirty dollars.
   56    7. The fee for changing the address on a license shall be ten dollars.

       S. 6256                           15                            A. 9758
	   
    1    8.] The fees hereinabove set forth shall be those for licenses  issued
    2  for the license period of two years.  [Notwithstanding the provisions of
    3  subdivision  one  of section  four hundred thirty-nine of this article,
    4  after January first, nineteen hundred eighty-six, the secretary of state
    5  shall  assign staggered  expiration dates for outstanding licenses that
    6  have been previously renewed on June thirtieth of  each  year  and  such
    7  licenses shall thereafter expire two years from the assigned date unless
    8  renewed. If the assigned date results in a term that exceeds twenty-four
    9  months,  the applicant  shall  pay  an  additional  prorated adjustment
   10  together with the regular renewal fee.  The  secretary  of  state  shall
   11  assign  dates  to existing licenses in a manner which shall result in a
   12  term of not less than two years.]
   13    § 15. Subdivision 1 of section 750-g of the general business  law,  as
   14  added by chapter 526 of the laws of 1992, is amended to read as follows:
   15    1.  The fee for a license to engage in the business of operating a pet
   16  cemetery or pet crematorium shall be one  hundred  [fifty]  seventy-five
   17  dollars.  For each renewal thereof, the fee shall be one hundred [fifty]
   18  seventy-five dollars.
   19    § 16. Subdivision 3 of section 750-g of the general  business  law  is
   20  REPEALED and subdivisions 4 and 5 are renumbered subdivisions 3 and 4.
   21    § 17. Section 797 of the general business law, as added by chapter 599
   22  of  the laws of 1998 and the opening paragraph as amended by chapter 133
   23  of the laws of 1999, is amended to read as follows:
   24    § 797. Fees. The secretary shall receive  the following  fees  to  be
   25  deposited  into a special revenue fund - other entitled the "hearing aid
   26  dispensers account" for the implementation, operation and enforcement of
   27  this article:
   28    1. a nonrefundable fee of fifty dollars from each person who takes the
   29  required examination or any component thereof pursuant to this article;
   30    2. for an individual certificate of registration, one hundred  [fifty]
   31  seventy-five dollars  and  for  the  renewal  of such registration, one
   32  hundred twenty-five dollars;
   33    3. for a business certificate of registration and renewal thereof:
   34    (a) for a business certificate  of  registration for  each  permanent
   35  business location with ten or less employees, one hundred [fifty] seven-
   36  ty-five dollars  and  for the renewal of such registration, one hundred
   37  twenty-five dollars;
   38    (b) for a business certificate  of  registration for  each  permanent
   39  business  location with more than ten employees, two hundred twenty-five
   40  dollars and for the renewal of such registration, one  hundred  [fifty]
   41  seventy-five dollars;
   42    4.  for  a temporary certificate of registration, [thirty] thirty-five
   43  dollars and for the renewal of such registration,  [thirty]  thirty-five
   44  dollars;
   45    5.  [for  filing a change of business address or change of name of the
   46  registrant whether individual or business, ten dollars;
   47    6.] for a duplicate certificate of registration, ten dollars;
   48    [7]6. except fees associated with a temporary certificate of registra-
   49  tion the fees set forth shall be those for registrations  issued  for  a
   50  period of two years; and
   51    [8]7. employees of a not-for-profit corporation doing business in this
   52  state  who are required to register pursuant to this article who are not
   53  otherwise engaged in the dispensing of hearing aids for profit shall  be
   54  exempt from payment of the registration fee required by this section.

       S. 6256                           16                            A. 9758
	   
    1    §  18.  Subdivisions  3  and 9 of section 131 of the executive law, as
    2  amended by chapter 171 of the laws of  2000,  are amended  to  read  as
    3  follows:
    4    3.  The  secretary of state shall receive a non-refundable application
    5  fee of [sixty] seventy dollars from applicants for  appointment,  which
    6  fee  shall  be  submitted  together with the application. No further fee
    7  shall be paid for the issuance of the commission.
    8    9. The county clerk shall receive a non-refundable application fee  of
    9  [sixty] seventy dollars from each applicant for reappointment, which fee
   10  shall  be  submitted together with the application. No further fee shall
   11  be paid for the issuance of the commission.
   12    § 19. Subdivision 12 of section 131 of the executive law  is  REPEALED
   13  and a new subdivision 12 is added to read as follows:
   14    12.  The secretary of state shall receive a non-refundable examination
   15  fee of twenty-five dollars from each person who takes an examination  to
   16  qualify  for application for a commission as a notary public pursuant to
   17  this article.
   18    § 20. Paragraphs a and d of subdivision 1  of section  160-f  of  the
   19  executive  law,  as  amended  by  chapter  397  of the laws of 1991, are
   20  amended to read as follows:
   21    a. An application fee for certification and licensing of  two  hundred
   22  [fifty] seventy-five dollars.
   23    d.  A  fee  for  recertification  or renewal of license of two hundred
   24  [fifty] seventy-five dollars.
   25    § 21. Subdivision 1 of section 160-hh of the executive law,  as  added
   26  by chapter 49 of the laws of 1999, is amended to read as follows:
   27    1.  The  membership  of  the  fund  shall  be composed of all central
   28  dispatch facilities. Each central dispatch facility shall  be  required,
   29  as  a  condition of doing business within this state, to pay the depart-
   30  ment a two hundred twenty-five dollar annual  fee  for  the  purpose  of
   31  registering  as  a  member  of  the  fund and receiving a certificate of
   32  registration. Such sums shall be used by the department for the adminis-
   33  tration of this article. The initial registration fee shall  be  due  no
   34  later  than  ninety  days  after the effective date of this article. The
   35  department shall have the power to assess an additional fee against each
   36  registrant in the amount necessary to provide it with  sufficient  funds
   37  to cover its expenses in performing its duties pursuant to this article.
   38  The  department  shall  provide  the fund with an updated list of regis-
   39  trants on a monthly basis.
   40    § 22. This act shall take effect 90 days after it shall have become  a
   41  law.
   42                                   PART F
   43    Section  1.  Paragraph  (a)  of  subdivision 2 of section 168-a of the
   44  correction law, as amended by chapter  453  of  the laws  of  1999,  is
   45  amended to read as follows:
   46    (a)  a  conviction  of or a conviction for an attempt to commit any of
   47  the provisions of  sections  130.20,  130.25,  130.30,  130.40,  130.45,
   48  130.52,  130.55, 130.60 and 255.25 or article two hundred sixty-three of 
   49  the penal law, or section 135.05, 135.10, 135.20 or 135.25 of  such  law
   50  relating  to kidnapping offenses, provided the victim of such kidnapping
   51  or related offense is less than seventeen years old and the offender  is
   52  not  the  parent  of  the  victim,  or sections 230.04, where the person
   53  patronized is in fact less than seventeen years of age, 230.05 or 230.06
   54  or subdivision two of section 230.30 [or], section  230.32  or  section

       S. 6256                           17                            A. 9758
	   
    1  235.22 of  the  penal  law, or any provisions of the foregoing sections
    2  committed or attempted as a hate crime defined in section 485.05 of  the
    3  penal  law  or as a crime of terrorism defined in section 490.25 of such
    4  law; or
    5    § 2. Paragraph (b) of subdivision 2 of section 168-a of the correction
    6  law,  as  amended by chapter 453 of the laws of 1999, is amended to read
    7  as follows:
    8    (b) a conviction of:
    9    (i) an offense in any other jurisdiction which includes  all  of  the
   10  essential  elements of any such [felony] crime provided for in paragraph
   11  (a) of this subdivision [for which a sentence to a term of  imprisonment
   12  in  excess  of  one year  or a sentence of death was authorized in that
   13  jurisdiction irrespective of whether  such  sentence  was  imposed],  or
   14  [conviction of]
   15    (ii) a  felony  in  any other jurisdiction [for which a sentence to a
   16  term of imprisonment in excess of one year or a sentence  of  death  was
   17  authorized  in that jurisdiction and] for which the offender is required
   18  to register  as  a  sex  offender  in  the jurisdiction  in  which  the
   19  conviction occurred, or
   20    (iii)  any  of the  provisions of 18 U.S.C. 2251, 18 U.S.C. 2251A, 18
   21  U.S.C. 2252, 18 U.S.C. 2252A, or 18 U.S.C. 2260.
   22    § 3. Paragraphs (a) and (b) of subdivision 3 of section 168-a  of  the
   23  correction  law,  as  amended  by  chapter  453 of the laws of 1999, are
   24  amended to read as follows:
   25    (a) a conviction of or a conviction for an attempt to  commit  any  of
   26  the  provisions  of  sections  130.35, 130.50, 130.53, 130.65, 130.65-a,
   27  130.66, 130.67, 130.70, 130.75 [and], 130.80 and  130.90  of  the penal
   28  law,  or any provisions of the foregoing sections committed or attempted
   29  as a hate crime defined in section 485.05 of the penal law or as a crime
   30  of terrorism defined in section 490.25 of the penal law; or
   31    (b) a conviction  of  an  offense  in  any  other jurisdiction  which
   32  includes  all  of the essential elements of any such felony provided for
   33  in paragraph (a) of this subdivision [for which a sentence to a term  of
   34  imprisonment in excess of one year or a sentence of death was authorized
   35  and  is  authorized  in this state irrespective of whether such sentence
   36  was imposed] or conviction of a felony in any  other  jurisdiction  [for
   37  which  a  sentence  to a term of imprisonment in excess of one year or a
   38  sentence of death was authorized in that jurisdiction and] for which the
   39  offender is required to register as a sex offender in  the  jurisdiction
   40  in which the conviction occurred.
   41    §  4. Subdivision 4 of section 168-a of the correction law, as amended
   42  by chapter 453 of the laws of 1999, is amended to read as follows:
   43    4. "Law enforcement agency having jurisdiction" means:   (a)  (i) the
   44  chief  law enforcement officer in the village, town or city in which the
   45  offender expects to reside upon his or her discharge, probation, parole,
   46  release to post-release supervision or upon any form of state  or  local
   47  conditional release; or [(b)]
   48    (ii) if  there  be  no chief law enforcement officer in such village,
   49  town or city, the chief law enforcement officer of the county  in  which
   50  the offender expects to reside; or [(c)]
   51    (iii) if there be no chief enforcement officer in such village, town,
   52  city or county, the division of state police, and
   53    (b) in the case of a sex offender who is or expects to be employed by,
   54  enrolled in, attending or employed, whether for compensation or not,  at
   55  an institution of higher education,

       S. 6256                           18                            A. 9758
      
	1   (i)  the chief law enforcement officer in the village, town or city in
    2  which such institution is located; or
    3   (ii)  if  there be  no chief law enforcement officer in such village,
    4  town or city, the chief law enforcement officer of the county  in  which
    5  such institution is located; or
    6   (iii)  if  there be no chief law enforcement officer in such village,
    7  town, city or county, the division of state police; and
    8  (iv) if such institution operates or employs a campus law  enforcement
    9  or security agency, the chief of such agency.
   10    §  5. Subdivision 7 of section 168-a of the correction law, as amended
   11  by chapter 453 of the laws of 1999, is amended to read as follows:
   12    7. "[Sexually violent] Sexual predator" means a sex offender [for whom
   13  the risk of repeat offense is high and there  exists  a  threat  to  the
   14  public safety as determined pursuant to paragraph (c) of subdivision six
   15  of  section  one hundred sixty-eight-l of this article] (a) who has been
   16  convicted of a sex offense and who suffers from a mental abnormality  or
   17  personality disorder that makes him or her likely to engage in predatory
   18  acts  or (b) who has been convicted of a sexually violent offense or (c)
   19  who has been convicted of an offense set forth  in  subdivision  two  or
   20  three of this section when the offender has been previously convicted of
   21  an offense set forth in subdivision two or three of this section.
   22    §  6.  Section  168-a of the correction law is amended by adding three
   23  new subdivisions 13, 14 and 15 to read as follows:
   24    13. "Institution of higher education"  means  an  institution  in  the
   25  state  providing higher education as such term is defined in subdivision
   26  eight of section two of the education law.
   27    14. "Nonresident worker" means any person required to  register  as  a
   28  sex  offender  in another  jurisdiction who is employed or carries on a
   29  vocation in this state, on either a full-time or a part-time basis, with
   30  or without compensation, for more than fourteen consecutive days, or for
   31  an aggregate period exceeding thirty days in a calendar year.
   32    15. "Nonresident student" means a person required to register as a sex
   33  offender in another jurisdiction who is enrolled on a full-time or part-
   34  time basis in any public or  private  educational  institution  in  this
   35  state  including any secondary school, trade or professional institution
   36  or institution of higher education.
   37    § 7. Subdivision 1 of section 168-b of the correction law, as added by
   38  chapter 192 of the laws of 1995 and paragraph (a) as amended by  chapter
   39  1 of the laws of 2000, is amended to read as follows:
   40    1.  The  division  shall  establish and maintain a file of individuals
   41  required to register pursuant to the provisions of this  article  which
   42  shall include the following information of each registrant:
   43    (a)  The  sex  offender's  name, all aliases used, date of birth, sex,
   44  race, height, weight, eye color, driver's license number,  home  address
   45  and/or  expected  place  of domicile, any internet accounts belonging to
   46  such offender and any internet screen names used by such offender.
   47    (b) A photograph and set of fingerprints.
   48    (c) A description of the  offense  for  which  the sex  offender  was
   49  convicted, the date of conviction and the sentence imposed.
   50    (d)  The  name and  address of any institution of higher education at
   51  which the sex offender is  or  expects  to  be  enrolled,  attending  or
   52  employed,  whether for  compensation  or  not and whether such offender
   53  resides in or will reside in a facility owned or operated by such insti-
   54  tution.
   55    (e) Any other information deemed pertinent by the division.

       S. 6256                           19                            A. 9758
      
	1    § 8. Section 168-c of the correction law, as added by chapter  192  of
    2  the laws of 1995, is amended to read as follows:
    3    § 168-c. Sex offender; relocation; notification. 1. In the case of any
    4  sex  offender, it shall be the duty of the department, hospital or local
    5  correctional facility at least ten calendar days prior to the release or
    6  discharge of any sex offender from a correctional facility, hospital  or
    7  local correctional facility to notify the [law enforcement agency having
    8  jurisdiction  where appropriate,  and law enforcement agency having had
    9  jurisdiction at the time of his conviction,]  division of  the  contem-
   10  plated  release  or  discharge of such sex offender, informing [such law
   11  enforcement agencies of the name and aliases of the sex  offender,]  the
   12  division in writing on a form provided by the division and signed by the
   13  sex  offender indicating  the  address  at  which he or she proposes to
   14  reside[, the address at which he resided at the time of his  conviction,
   15  the  amount of time remaining to be served, if any, on the full term for
   16  which he was sentenced, and the nature of the crime  for  which  he  was
   17  sentenced, transmitting  at the same time a copy of such sex offender's
   18  fingerprints and photograph and a summary of his  criminal  record]  and
   19  the  name and address of any institution of higher education at which he
   20  or she expects to be  enrolled,  attending  or  employed,  whether  for
   21  compensation or not and whether he or she resides in or will reside in a
   22  facility  owned  or operated by such institution.  If such sex offender
   23  changes his or her place of residence while on parole, such notification
   24  of the change of residence shall be sent by the  sex offender's  parole
   25  officer within forty-eight hours to the [law enforcement agency in which
   26  the  new  place  of residence is located] division on a form provided by
   27  the division. If such sex offender changes the  status  of  his  or  her
   28  enrollment, attendance,  employment  or residence at any institution of
   29  higher education while on parole, such notification  of  the  change  of
   30  status  shall be sent by the sex offender's parole officer within forty-
   31  eight hours to the division on a  form  provided  by  the  division  and
   32  signed by the sex offender.
   33    2.  In  the  case  of any sex offender [convicted and sentenced to] on
   34  probation, [conditional discharge or unconditional discharge,] it  shall
   35  be  the  duty of the [court within twenty-four hours after such sentence
   36  to notify the law enforcement agency having jurisdiction,  where  appro-
   37  priate, and of the law enforcement agency having had jurisdiction at the
   38  time  of  his conviction, if different from where he currently resides,
   39  and/or where he currently resides, of the sentence of probation,  condi-
   40  tional discharge or unconditional discharge, informing such law enforce-
   41  ment  agencies  of the  name  and aliases of the person, the address at
   42  which he proposes to reside, resided at and/or  at  which  he  currently
   43  resides, the amount of time to be served on probation, and the nature of
   44  the  crime  for  which he was sentenced, transmitting at the same time a
   45  copy of such sex offender's fingerprints and photograph and a summary of
   46  his criminal record.  If such person changes  his  place  of  residence
   47  while  on  probation, such notification of the change of residence shall
   48  be sent by the] sex offender's probation officer to notify the division
   49  within forty-eight hours [to the law enforcement agency having jurisdic-
   50  tion  in  which] of  the  new place of residence [is located] on a form
   51  provided by the division and signed by the sex  offender.  If  such  sex
   52  offender  changes the  status  of  his  or  her enrollment, attendance,
   53  employment or residence at any institution of higher education while  on
   54  probation,  such notification  of the change of status shall be sent by
   55  the sex offender's probation officer within  forty-eight  hours  to  the

       S. 6256                            20                           A. 9758
      
	1  division on a form provided by the division and signed by the sex offen-
    2  der.
    3    3. [In the case of any sex offender, who on the effective date of this
    4  subdivision  is on parole or probation, it shall be the duty of such sex
    5  offender's parole or probation officer within forty-five  calendar  days
    6  of  the effective date of this subdivision to notify the law enforcement
    7  agency having had jurisdiction in which such person resided at the  time
    8  of  his  conviction, if different from where he currently resides and/or
    9  where he currently resides, of the name and aliases of such  sex  offen-
   10  der,  the  address  at which  he  resided  and/or at which he currently
   11  resides, the amount of time to be served on  parole  or  probation,  the
   12  nature of the crime for which he was sentenced, transmitting at the same
   13  time  a  copy  of  such sex offender's fingerprints and photograph and a
   14  summary of his criminal record.  If such sex offender changes his  place
   15  of  residence  while on  parole  or probation, such notification of the
   16  change of residence shall be  sent  by  the  sex  offender's  parole  or
   17  probation officer within forty-eight hours to the law enforcement agency
   18  having jurisdiction in which the new place of residence is located.  For
   19  purposes  of  this subdivision,  a  sex offender on probation or parole
   20  includes a person convicted in any other state of any crime which  would
   21  have  been  punishable as  an  offense  defined  in section one hundred
   22  sixty-eight-a of this article if committed in the state of New York  who
   23  is  serving a term of probation or parole on or after the effective date
   24  of this subdivision and resides in or  enters  the  state  of  New  York
   25  pursuant  to a compact as authorized in section two hundred fifty-nine-m
   26  of the executive law.
   27    4.] In the case in which any sex offender  escapes  from  a  state  or
   28  local  correctional facility or hospital, the designated official of the
   29  facility or hospital where the person was confined shall  notify  within
   30  twenty-four  hours the law enforcement agency having had jurisdiction at
   31  the time of his or her conviction, informing such law enforcement agency
   32  of the name and aliases of the person, and the address at  which  he  or
   33  she resided  at  the  time of his or her conviction, the amount of time
   34  remaining to be served, if any, on the full term for which he or she was
   35  sentenced, and the  nature  of  the  crime  for which  he  or  she  was
   36  sentenced,  transmitting  at the same time a copy of such sex offender's
   37  fingerprints and photograph and a summary of his or her criminal record.
   38    § 9. Section 168-d of the correction law, as amended by chapter 453 of
   39  the laws of 1999, is amended to read as follows:
   40    § 168-d. Duties of the court.   1.  Upon  conviction of  any  of  the
   41  offenses  set  forth  in subdivision two or three of section one hundred
   42  sixty-eight-a of this article the court shall [certify that  the  person
   43  is  a  sex  offender and shall include the certification in the order of
   44  commitment, if any, and judgment of conviction.  The court  shall  also]
   45  advise the sex offender of his or her duties under this article.  [Fail-
   46  ure to include the certification in the order of commitment or the judg-
   47  ment  of  conviction shall not relieve a sex offender of the obligations
   48  imposed by this article.]
   49    2. Any sex offender, who is released on probation or  discharged  upon
   50  payment  of  a  fine,  conditional  discharge or unconditional discharge
   51  shall, prior to such release or discharge, be informed  of  his  or  her
   52  duty  to register under this article by the court in which he or she was
   53  convicted.  At the time sentence is imposed,  such sex  offender  shall
   54  register with the division on a form prepared by the division. The court
   55  shall  require  the  sex  offender  to  read  and sign such form and to
   56  complete the registration portion of such form. The court shall on  such

       S. 6256                            21                           A. 9758
      
	1  form  obtain  the  address where the sex offender expects to reside upon
    2  his or her release, and the name and address of any institution of high-
    3  er education he or she expects to be employed by, enrolled in, attending
    4  or  employed, whether  for  compensation  or not, and whether he or she
    5  expects to reside in a facility owned or operated by  such  an  institu-
    6  tion, and  shall report [the address] such information to the division.
    7  The court shall give one copy of the form to the sex offender and  shall
    8  send  two  copies to the division which shall forward the information to
    9  the law enforcement [agency] agencies having jurisdiction [where the sex
   10  offender expects to reside upon his or her release].   The  court  shall
   11  also  notify  the  district attorney and the sex offender of the date of
   12  the determination proceeding to be held pursuant to subdivision three of
   13  this section, which shall be held at least forty-five  days  after  such
   14  notice is given. The court shall also advise the sex offender that he or
   15  she has a right to a hearing prior to the court's determination, that he
   16  or  she  has  the  right to be represented by counsel at the hearing and
   17  that counsel will be appointed if he or she  is financially  unable  to
   18  retain counsel. If the sex offender applies for assignment of counsel to
   19  represent  him  or  her  at  the  hearing and counsel was not previously
   20  assigned to represent  the  sex  offender  in  the underlying  criminal
   21  action,  the  court  shall determine whether the offender is financially
   22  unable to retain counsel. If such a finding is made,  the  court  shall
   23  assign  counsel  to represent the sex offender pursuant to article eigh-
   24  teen-B of the county law.    Where  the  court orders  a  sex  offender
   25  released  on  probation,  such  order must include a provision requiring
   26  that he or she comply with the requirements of this article. Where  such
   27  sex  offender  violates  such  provision,  probation may be immediately
   28  revoked in the manner provided by article four hundred ten of the crimi-
   29  nal procedure law.
   30    3. For sex offenders released on probation or discharged upon  payment
   31  of a fine, conditional discharge or unconditional discharge, it shall be
   32  the duty of the court applying the guidelines established in subdivision
   33  five  of  section one hundred sixty-eight-l of this article to determine
   34  the [duration of registration pursuant to  section  one  hundred  sixty-
   35  eight-h  of this article and] level of notification pursuant to subdivi-
   36  sion six of section one hundred sixty-eight-l of this article and wheth-
   37  er such  sex offender  warrants  the  designation  of  sexual  predator
   38  pursuant  to subdivision  seven of section one hundred sixty-eight-a of
   39  this article. At least fifteen days prior to the determination proceed-
   40  ing, the district attorney shall provide to the court and the sex offen-
   41  der a written statement setting forth the [duration of registration  and
   42  level  of  notification] determinations sought by the district attorney
   43  together with the reasons for seeking  such determinations.  The  court
   44  shall  allow  the  sex offender to appear and be heard.  The state shall
   45  appear by the district attorney, or his or her designee, who shall  bear
   46  the burden of proving the facts supporting the [duration of registration
   47  and level of notification] determinations sought by clear and convincing
   48  evidence.    Where there is a dispute between the parties concerning the
   49  [duration of registration and level of notification] determinations, the
   50  court shall adjourn the hearing as necessary to permit the sex  offender
   51  or  the  district attorney to obtain materials relevant to the [determi-
   52  nation] determinations from  any  state  or  local facility,  hospital,
   53  institution,  office, agency, department or division. Such materials may
   54  be obtained by subpoena if not voluntarily provided to  the  requesting
   55  party.  In  making  the  [determination] determinations, the court shall
   56  review any victim's statement and any relevant materials  and  evidence

       S. 6256                           22                            A. 9758
      
	1  submitted  by  the  sex offender and the district attorney and the court
    2  may  consider  reliable  hearsay  evidence submitted  by  either  party
    3  provided  that  it  is  relevant  to the [determination] determinations.
    4  Facts  previously  proven at trial or elicited at the time of entry of a
    5  plea of guilty shall be  deemed  established  by clear  and  convincing
    6  evidence  and shall not be relitigated.  The court shall render an order
    7  setting forth its [risk level  determination]  determinations and  the
    8  findings  of fact and conclusions of law on which the [determination is]
    9  determinations are based. A copy of the order shall be submitted by  the
   10  court to the division. Upon application of either party, the court shall
   11  seal  any  portion  of  the court file or record which contains material
   12  that is confidential under any state or federal statute.  Either  party
   13  may  appeal  as  of  right  from the order pursuant to the provisions of
   14  articles fifty-five, fifty-six and fifty-seven of the civil practice law
   15  and rules. Where counsel has been assigned to represent the sex offender
   16  upon the ground that the sex offender is financially unable  to  retain
   17  counsel,  that  assignment shall be continued throughout the pendency of
   18  the appeal, and the person may appeal as a poor person pursuant to arti-
   19  cle eighteen-B of the county law.
   20    § 10. Subdivision 1 of section 168-e of the correction law, as amended
   21  by chapter 453 of the laws of 1999, is amended to read as follows:
   22    1. Any sex offender, to be discharged, paroled, released  to  post-re-
   23  lease  supervision  or  released  from  any  state or local correctional
   24  facility, hospital or institution  where  he  or she  was  confined  or
   25  committed,  shall  at  least  fifteen  calendar days prior to discharge,
   26  parole or release, be informed of his or her duty to register under this
   27  article, by the facility in which he or she was confined  or  committed.
   28  The  facility  shall require the sex offender to read and sign such form
   29  as may be required by the division stating the duty to register and  the
   30  procedure  for  registration  has  been  explained to him or her and to
   31  complete the registration portion of such  form.   The  facility  shall
   32  obtain on such form the address where the sex offender expects to reside
   33  upon his or her discharge, parole or release and the name and address of
   34  any institution of higher education he or she expects to be employed by,
   35  enrolled in, attending or employed, whether for compensation or not, and
   36  whether  he  or she expects to reside in a facility owned or operated by
   37  such an institution, and shall report [the address] such information  to
   38  the  division.  The  facility shall give one copy of the form to the sex
   39  offender, retain one copy and shall send one copy to the division  which
   40  shall  provide  the information to the law enforcement [agency] agencies
   41  having jurisdiction [where the sex offender expects to reside  upon  his
   42  or  her  discharge, parole or release].  The facility shall give the sex
   43  offender a form prepared by the division, to register with the  division
   44  at  least  fifteen calendar days prior to release and such form shall be
   45  completed, signed by the sex offender and sent to the  division  by  the
   46  facility  at  least  ten  days  prior  to  the sex offender's release or
   47  discharge.
   48    § 11.  Paragraph  (c)  of  subdivision  2  of section  168-f  of  the
   49  correction  law,  as  amended  by  chapter  453  of the laws of 1999, is
   50  amended to read as follows:
   51    (c) If the sex offender fails to mail the signed verification form  to
   52  the  division  within ten calendar days after receipt of the form, he or
   53  she shall be in violation of this [section unless he proves that  he  or
   54  she has not changed his or her residence address] article.
   55    § 12. Subdivision 3 of section 168-f of the correction law, as amended
   56  by chapter 453 of the laws of 1999, is amended to read as follows:

       S. 6256                           23                            A. 9758
      
	1    3.  The provisions of subdivision two of this section shall be applied
    2  to a sex offender required to register under this article  except  that
    3  such  sex offender designated as a [sexually violent] sexual predator or
    4  having been given a level three designation must personally  verify  his
    5  or her address with the local law enforcement agency[, the registration]
    6  every  ninety calendar days after the date of release or commencement of
    7  parole or post-release supervision, or probation, or release on  payment
    8  of  a  fine, conditional discharge or unconditional discharge.  The duty
    9  to personally verify shall be suspended during any period in  which  the
   10  sex  offender  is confined to any state or local correctional facility,
   11  hospital or institution  and  shall  immediately  resume  upon  the  sex
   12  offender's release.
   13    §  13.  Subdivision 4 of section 168-f of the correction law, as added
   14  by chapter 192 of the laws of 1995, is amended to read as follows:
   15    4. Any sex offender shall register with the division within ten calen-
   16  dar days prior to any change of address or any  change  of  his  or  her
   17  status  of enrollment, attendance, employment or residence at any insti-
   18  tution of higher education.  [The division shall, if  the  sex  offender
   19  changes  residence  to another  state, notify the appropriate state law
   20  enforcement agency with which the sex offender must register in the  new
   21  state.  If  any  person required to register as provided in this article
   22  changes the address of his residence, the sex offender shall within  ten
   23  calendar  days,  inform in writing the law enforcement agency where last
   24  registered of the new address. The law enforcement agency shall,  within
   25  three calendar days of receipt of the new address, forward this informa-
   26  tion  to  the department  of  criminal  justice services and to the law
   27  enforcement agency having jurisdiction in the new place of residence.]
   28    § 14. Section 168-f of the correction law is amended by adding  a  new
   29  subdivision 6 to read as follows:
   30    6. Any nonresident worker or nonresident student shall register his or
   31  her current address and the address of his or her place of employment or
   32  educational institution  attended with the division within ten calendar
   33  days after such nonresident  worker  or  nonresident  student  commences
   34  employment or attendance at an educational institution in the state. Any
   35  nonresident  worker or nonresident student shall notify the division of
   36  any change of residence, employment or educational  institution  address
   37  within  ten days prior to any such change. The division shall notify the
   38  law enforcement agency where the nonresident worker is employed  or  the
   39  educational institution is located that a nonresident worker or nonresi-
   40  dent student is present in that agency's jurisdiction.
   41    §  15.  Section 168-h of the correction law, as amended by chapter 453
   42  of the laws of 1999, is amended to read as follows:
   43    § 168-h. Duration of registration and verification.  The  duration  of
   44  registration and verification for a sex offender shall be annually for a
   45  period  of  ten  years  from the initial date of registration, provided,
   46  however, that [for] a sex offender having been designated a level three
   47  risk shall also personally verify his or her address every ninety calen-
   48  dar days with the local law enforcement agency having jurisdiction where
   49  the  offender resides.  If  a  sex offender has been determined to be a
   50  [sexually violent] sexual predator, he or she shall annually verify  his
   51  or her address with the division and shall also personally verify his or
   52  her address  every  ninety calendar days with the local law enforcement
   53  agency having jurisdiction where the offender resides for [a minimum  of
   54  ten  years  unless the  court determines in accordance with section one
   55  hundred sixty-eight-o of this article, that the person no longer suffers

       S. 6256                           24                            A. 9758
      
	1  from a mental abnormality that would make him  likely  to  engage  in  a
    2  predatory sexually violent offense] life.
    3    §  16.  Section 168-j of the correction law, as amended by chapter 453
    4  of the laws of 1999, is amended to read as follows:
    5    § 168-j. Notification of local law enforcement agencies of  change  of
    6  address.  [(a)] 1. Upon receipt of a change of address by a sex offender
    7  required to register under this article, the division shall  notify  the
    8  local  law  enforcement  agency  having jurisdiction of the new place of
    9  residence and the local law enforcement agency where the  sex  offender
   10  last resided of the new place of residence.
   11    [(b)] 2. Upon receipt of change of address information, the local law
   12  enforcement agency having jurisdiction of the  new place  of  residence
   13  shall adhere to the notification provisions set forth in subdivision six
   14  of section one hundred sixty-eight-l of this article.
   15    3. The division shall, if the sex offender changes residence to anoth-
   16  er  state,  notify the  appropriate agency within that state of the new
   17  place of residence.
   18    4. Upon receipt of a change in the status of the  enrollment,  attend-
   19  ance, employment or residence at an institution of higher education by a
   20  sex offender required to register under this article, the division shall
   21  notify each law enforcement agency having jurisdiction which is affected
   22  by such change.
   23    5. Upon receipt of change in the status of the enrollment, attendance,
   24  employment  or residence at an institution of higher education by a sex
   25  offender required to register under this article, each  law  enforcement
   26  agency  having jurisdiction shall adhere to the notification provisions
   27  set forth in subdivision six of section  one  hundred  sixty-eight-l  of
   28  this article.
   29    §  17.  Subdivision 2 of section 168-k of the correction law, as added
   30  by chapter 453 of the laws of 1999, is amended to read as follows:
   31    2. The division shall advise the  board  that  the sex  offender  has
   32  established  residence  in this state. The board shall determine whether
   33  the sex offender is required to register with the division.  If  it  is
   34  determined  that  the sex offender is required to register, the division
   35  shall notify the sex offender of his or her duty to register under  this
   36  article  and  shall  require  the  sex offender to sign a form as may be
   37  required by the division acknowledging that the duty to register and the
   38  procedure for registration has been explained to the sex  offender.  The
   39  division  shall  obtain  on such form the address where the sex offender
   40  expects to reside within the state and the sex offender shall retain one
   41  copy of the form and send two copies to the division which shall provide
   42  the information to the law enforcement agency having jurisdiction  where
   43  the  sex  offender  expects  to  reside within this state. No later than
   44  thirty days prior to the board making a recommendation, the sex offender
   45  shall be notified that his or her case is under review and  that  he  or
   46  she  is permitted to submit to the board any information relevant to the
   47  review. After reviewing  any  information  obtained, and  applying  the
   48  guidelines  established  in  subdivision  five  of section  one hundred
   49  sixty-eight-l of this article, the board  shall within  sixty  calendar
   50  days  make  a  recommendation  regarding  the  [duration of registration
   51  pursuant to section one hundred sixty-eight-h of this article and] level
   52  of notification pursuant to  subdivision  six  of section  one  hundred
   53  sixty-eight-l of this article and whether such sex offender warrants the
   54  designation  of sexual predator pursuant to subdivision seven of section
   55  one hundred sixty-eight-a of this article.  This recommendation shall be
   56  confidential and shall not be available for public inspection. It  shall

       S. 6256                           25                            A. 9758
      
	1  be  submitted  by  the board to the county court or supreme court and to
    2  the district attorney in the county of residence of the sex offender and
    3  to the sex offender. It shall be the duty of the county court or supreme
    4  court  in  the  county  of  residence  of the sex offender, applying the
    5  guidelines established  in  subdivision  five  of section  one  hundred
    6  sixty-eight-l  of  this article, to determine the [duration of registra-
    7  tion pursuant to section one hundred sixty-eight-h of this article  and]
    8  level of notification pursuant to subdivision six of section one hundred
    9  sixty-eight-l of this article and whether such sex offender warrants the
   10  designation  of sexual predator pursuant to subdivision seven of section
   11  one hundred sixty-eight-a of this article.  At least thirty  days  prior
   12  to  the  determination  proceeding, such court shall notify the district
   13  attorney and the sex offender, in writing, of the date of  the  determi-
   14  nation proceeding and the court shall also provide the district attorney
   15  and  sex  offender  with  a copy of the recommendation received from the
   16  board and any statement of the reasons for the recommendation  received
   17  from  the board. The court shall also advise the sex offender that he or
   18  she has a right to a hearing prior to the court's determination, that he
   19  or she has the right to be represented by counsel at  the  hearing  and
   20  that  counsel  will  be  appointed if he or she is financially unable to
   21  retain counsel. A returnable form  shall  be enclosed  in  the  court's
   22  notice  to  the  sex  offender  on  which the sex offender may apply for
   23  assignment of counsel. If the sex offender  applies for  assignment  of
   24  counsel  and  the court finds that the offender is financially unable to
   25  retain counsel, the court shall assign  counsel  to represent  the  sex
   26  offender  pursuant  to  article  eighteen-B  of  the county law. If the
   27  district attorney seeks a determination that differs from the  recommen-
   28  dation  submitted  by the board, at least ten days prior to the determi-
   29  nation proceeding the district attorney shall provide to the  court  and
   30  the sex offender a statement setting forth the [duration of registration
   31  and  level of notification] determinations sought by the district attor-
   32  ney together with the reasons for seeking such determinations. The court
   33  shall allow the sex offender to appear and be heard.  The  state  shall
   34  appear  by the district attorney, or his or her designee, who shall bear
   35  the burden of proving the facts supporting the [duration of registration
   36  and level of notification] determinations sought by clear and convincing
   37  evidence. It shall be the duty of  the  court applying  the  guidelines
   38  established  in subdivision five of section one hundred sixty-eight-l of
   39  this article to determine the  [duration  of  registration  pursuant  to
   40  section  one hundred sixty-eight-h of this article and] level of notifi-
   41  cation pursuant to subdivision six of section one hundred  sixty-eight-l
   42  of  this  article and whether such sex offender warrants the designation
   43  of sexual predator pursuant to subdivision seven of section one  hundred
   44  sixty-eight-a  of this  article.  Where  there is a dispute between the
   45  parties concerning the [duration of registration and level of  notifica-
   46  tion]  determinations,  the court shall adjourn the hearing as necessary
   47  to permit the sex offender or the district attorney to obtain  materials
   48  relevant  to  the [determination] determinations from the state board of
   49  examiners of sex offenders or any state  or  local facility,  hospital,
   50  institution,  office, agency, department or division. Such materials may
   51  be obtained by subpoena if not voluntarily provided to  the  requesting
   52  party.  In  making  the  [determination]  determinations the court shall
   53  review any victim's statement and any relevant materials  and  evidence
   54  submitted  by  the sex offender and the district attorney and the recom-
   55  mendation and any material submitted by  the  board, and  may  consider
   56  reliable hearsay evidence submitted by either party, provided that it is

       S. 6256                           26                            A. 9758
      
	1  relevant  to  the  [determination] determinations.  If available, facts
    2  proven at trial or elicited at the time of a plea of  guilty  shall  be
    3  deemed  established  by  clear  and convincing evidence and shall not be
    4  relitigated.  The  court  shall  render an order setting forth its [risk
    5  level determination] determinations and the findings of fact and conclu-
    6  sions of law on which the [determination is] determinations are based. A
    7  copy of the order shall be submitted by the court to the division.  Upon
    8  application  of  either  party,  the court shall seal any portion of the
    9  court file or record which contains material that is confidential  under
   10  any  state  or federal statute. Either party may appeal as of right from
   11  the order pursuant to the provisions of articles fifty-five,  fifty-six
   12  and  fifty-seven  of the civil practice law and rules. Where counsel has
   13  been assigned to represent the sex offender upon the ground that the sex
   14  offender is financially unable to retain counsel, that assignment  shall
   15  be  continued  throughout the pendency of the appeal, and the person may
   16  appeal as a poor person pursuant to article eighteen-B  of  the  county
   17  law.
   18    §  18.  Subparagraph  (i) of paragraph (a) of subdivision 5 of section
   19  168-l of the correction law, as added by chapter 192  of  the  laws  of
   20  1995, is amended to read as follows:
   21    (i)  whether  the sex offender has a mental abnormality or personality
   22  disorder;
   23    § 19. Subdivision 6 of section 168-l of the correction law,  as  added
   24  by chapter 192 of the laws of 1995, the opening paragraph and paragraphs
   25  (b) and (c) as amended by chapter 453 of the laws of 1999, is amended to
   26  read as follows:
   27    6.  Applying  these  guidelines, the board shall within sixty calendar
   28  days prior to the discharge, parole, release to post-release supervision
   29  or release of a sex offender make a recommendation which shall be confi-
   30  dential and shall  not  be  available  for  public inspection,  to  the
   31  sentencing  court  as  to  whether such sex offender warrants the desig-
   32  nation of [sexually violent] sexual predator as defined  by  subdivision
   33  seven  of  section one hundred sixty-eight-a of this article.  In addi-
   34  tion, the guidelines shall be applied by the board to make a recommenda-
   35  tion to the sentencing court which shall be confidential and  shall  not
   36  be  available  for public inspection, providing for one of the following
   37  three levels of notification depending upon the degree of  the  risk  of
   38  re-offense by the sex offender.
   39    (a)  If  the  risk  of  repeat offense is low, a level one designation
   40  shall be given to such  sex  offender.  In  such case  [the]  each  law
   41  enforcement  agency  having  jurisdiction and [the] each law enforcement
   42  agency having had jurisdiction at the time  of  his  or  her  conviction
   43  shall be notified pursuant to this article.
   44    (b) If the risk of repeat offense is moderate, a level two designation
   45  shall  be  given  to  such  sex  offender.  In  such case [the] each law
   46  enforcement agency having jurisdiction and [the]  each law  enforcement
   47  agency  having  had  jurisdiction  at  the time of his or her conviction
   48  shall be notified and may disseminate  relevant information  which  may
   49  include  the  name of the sex offender, approximate address based on sex
   50  offender's zip code, a photograph of the offender, background  informa-
   51  tion  including  the offender's crime of conviction, modus of operation,
   52  type of victim targeted, the name and  address  of  any  institution  of
   53  higher  education at  which  the  sex offender is enrolled, attends, is
   54  employed or resides and the description of special conditions imposed on
   55  the offender to any entity with vulnerable populations  related  to  the
   56  nature of the offense committed by such sex offender. Any entity receiv-

       S. 6256                            27                           A. 9758
      
	1  ing  information  on  a sex offender may disclose or further disseminate
    2  such information at [their] its discretion.
    3    (c) If the risk of repeat offense is high and there exists a threat to
    4  the  public  safety[, such  sex  offender  shall  be deemed a "sexually
    5  violent predator" and] a level three designation shall be given to  such
    6  sex  offender.  In  such  case, [the] each law enforcement agency having
    7  jurisdiction and [the] each law enforcement agency having had  jurisdic-
    8  tion  at  the  time  of  his or her conviction shall be notified and may
    9  disseminate relevant information which may include the  sex  offender's
   10  name,  exact  address, a photograph of the offender, background informa-
   11  tion including the offender's crime of conviction, modus  of  operation,
   12  type  of  victim  targeted,  the  name and address of any institution of
   13  higher education at which the sex  offender  is  enrolled,  attends,  is
   14  employed or resides and the description of special conditions imposed on
   15  the  offender  to  any entity with vulnerable populations related to the
   16  nature of the offense committed by such sex offender. Any entity receiv-
   17  ing information on a sex offender may disclose  or further  disseminate
   18  such  information  at [their] its discretion. In addition, in such case,
   19  the information described herein shall also be provided in the subdirec-
   20  tory established in this article and notwithstanding any other provision
   21  of law, such information shall, upon request, be made available  to  the
   22  public.
   23    §  20.  Subdivision 7 of section 168-l of the correction law, as added
   24  by chapter 192 of the laws of 1995, is amended to read as follows:
   25    7. Upon request by the court, pursuant to section one  hundred  sixty-
   26  eight-o  of  this  article,  the  board  shall provide an updated report
   27  pertaining to the sex offender petitioning [relief of duty to  register]
   28  for a modification of his or her level of notification.
   29    §  21.  Subdivision 8 of section 168-l of the correction law, as added
   30  by chapter 453 of the laws of 1999, is amended to read as follows:
   31    8. A failure by a state or local agency or the board to act  or  by  a
   32  court to render a determination within the time period specified in this
   33  article  shall not affect the obligation of the sex offender to register
   34  or verify under this article nor shall such failure prevent a court from
   35  making a determination regarding the sex offender's [duration of  regis-
   36  tration and] level of notification and whether such offender is a sexual
   37  predator.  Where a court is unable to make a determination prior to the
   38  date scheduled for a sex offender's discharge, parole, release to  post-
   39  release supervision or release, it shall adjourn the hearing until after
   40  the  offender  is  discharged,  paroled, released to post-release super-
   41  vision or released, and shall then expeditiously complete  the  hearing
   42  and issue its determination.
   43    § 22. Subdivision 1 of section 168-n of the correction law, as amended
   44  by chapter 453 of the laws of 1999, is amended to read as follows:
   45    1.  A  determination that an offender is a [sex offender or a sexually
   46  violent] sexual predator as defined by subdivision seven of section  one
   47  hundred  sixty-eight-a of  this  article  shall  be  made  prior to the
   48  discharge, parole, release to post-release supervision  or  release  of
   49  such  offender  by  the  sentencing court applying the guidelines estab-
   50  lished in subdivision five of section one hundred sixty-eight-l of  this
   51  article  after  receiving  a  recommendation  from the board pursuant to
   52  section one hundred sixty-eight-l of this article.
   53    § 23. Subdivision 3 of section 168-n of the correction law, as amended
   54  by chapter 453 of the laws of 1999, is amended to read as follows:
   55    3. No later than thirty days prior to the board's recommendation,  the
   56  sex  offender shall be notified that his or her case is under review and

       S. 6256                           28                            A. 9758
      
	1  that he or she is permitted to submit to the board any information rele-
    2  vant to the review. Upon receipt  of  the  board's recommendation,  the
    3  sentencing court shall determine whether the sex offender was previously
    4  found  to be eligible for assigned counsel in the underlying case. Where
    5  such a finding was previously made, the court shall assign  counsel  to
    6  represent  the  offender,  pursuant  to article eighteen-B of the county
    7  law. At least twenty days prior to  the determination  proceeding,  the
    8  sentencing  court  shall  notify the district attorney, the sex offender
    9  and the sex offender's counsel, in writing, of the date of the  determi-
   10  nation  proceeding and shall also provide the district attorney, the sex
   11  offender and the sex offender's counsel with a copy of  the  recommenda-
   12  tion  received  from  the board and any statement of the reasons for the
   13  recommendation received from the board. The written notice  to  the  sex
   14  offender  shall also advise the offender that he or she has a right to a
   15  hearing prior to the court's determination, and that he or she  has  the
   16  right  to  be represented by counsel at the hearing. If counsel has been
   17  assigned to represent the offender at the determination proceeding,  the
   18  notice  shall also provide the name, address and telephone number of the
   19  assigned counsel. Where counsel has not been assigned, the notice  shall
   20  advise  the  sex offender that counsel will be appointed if he or she is
   21  financially unable to retain counsel, and a returnable  form  shall  be
   22  enclosed  in  the  court's  notice  to the sex offender on which the sex
   23  offender may apply for assignment of  counsel.    If the  sex  offender
   24  applies  for assignment of counsel and the court finds that the offender
   25  is financially unable to retain counsel, the court shall assign  counsel
   26  to  represent  the  sex  offender  pursuant to article eighteen-B of the
   27  county law. If the district attorney seeks a determination that  differs
   28  from  the recommendation submitted by the board, at least ten days prior
   29  to the determination proceeding the district attorney shall  provide  to
   30  the  court  and the sex offender a statement setting forth the [duration
   31  of registration and level of notification] determinations sought by  the
   32  district  attorney  together  with the reasons for seeking such determi-
   33  nations. The court shall allow the sex offender to appear and be  heard.
   34  The state shall appear by the district attorney, or his or her designee,
   35  who  shall bear the burden of proving the facts supporting the [duration
   36  of registration and level  of  notification]  determinations sought  by
   37  clear  and  convincing  evidence.  Where  there is a dispute between the
   38  parties concerning the [duration of registration and level of  notifica-
   39  tion]  determinations,  the court shall adjourn the hearing as necessary
   40  to permit the sex offender or the district attorney to obtain  materials
   41  relevant  to  the [determination] determinations from the state board of
   42  examiners of sex offenders or any state  or  local facility,  hospital,
   43  institution,  office, agency, department or division. Such materials may
   44  be obtained by subpoena if not voluntarily provided to  the  requesting
   45  party.  In  making  the  [determination]  determinations the court shall
   46  review any victim's statement and any relevant materials  and  evidence
   47  submitted  by  the sex offender and the district attorney and the recom-
   48  mendation and any materials submitted by the  board, and  may  consider
   49  reliable hearsay evidence submitted by either party, provided that it is
   50  relevant  to the [determination] determinations. Facts previously proven
   51  at trial or elicited at the time of entry of a plea of guilty  shall  be
   52  deemed  established  by  clear  and convincing evidence and shall not be
   53  relitigated. The court shall render an order setting  forth  its  [risk
   54  level determination] determinations and the findings of fact and conclu-
   55  sions of law on which the [determination is] determinations are based. A
   56  copy  of the order shall be submitted by the court to the division. Upon

       S. 6256                            29                            A. 9758
      
	1  application of either party, the court shall seal any  portion  of  the
    2  court  file or record which contains material that is confidential under
    3  any state or federal statute. Either party may appeal as of  right  from
    4  the  order  pursuant to the provisions of articles fifty-five, fifty-six
    5  and fifty-seven of the civil practice law and rules. Where  counsel  has
    6  been assigned to represent the sex offender upon the ground that the sex
    7  offender  is financially unable to retain counsel, that assignment shall
    8  be continued throughout the pendency of the appeal, and the  person  may
    9  appeal  as  a  poor  person pursuant to article eighteen-B of the county
   10  law.
   11    § 24. Section 168-o of the correction law, as amended by  chapter  453
   12  of the laws of 1999, is amended to read as follows:
   13    §  168-o.  Petition for [relief or] modification. 1. [Any sex offender
   14  required to register or verify pursuant to this  article  who  has  been
   15  registered  for  a minimum  period  of ten years may be relieved of any
   16  further duty to register upon the granting of a petition for  relief  by
   17  the  sentencing  court or  by  the  court  which made the determination
   18  regarding duration of registration and level of notification if a  peti-
   19  tion  for  relief is filed by a sex offender who is required to register
   20  pursuant to the provisions of section one hundred sixty-eight-k of  this
   21  article.  The sex offender shall bear the burden of proving by clear and
   22  convincing evidence that his or her risk of repeat offense and threat to
   23  public safety is such that registration or  verification  is  no  longer
   24  necessary.  Such petition, if granted, shall not relieve the petitioner
   25  of the duty to register pursuant to this article upon conviction of  any
   26  offense  requiring registration in the future. Such a petition shall not
   27  be considered more than annually. In the event that the  sex  offender's
   28  petition  for  relief is granted, the district attorney may appeal as of
   29  right from the order pursuant to the provisions of articles  fifty-five,
   30  fifty-six  and fifty-seven  of  the civil practice law and rules. Where
   31  counsel has been assigned to represent the sex offender upon the  ground
   32  that  the  sex offender  is  financially unable to retain counsel, that
   33  assignment shall be continued throughout the pendency of the appeal, and
   34  the person may appeal as a poor person pursuant to article eighteen-B of
   35  the county law.
   36    2.] Any sex offender required to register or verify pursuant  to  this
   37  article  who  has not  been  designated a level three sex offender or a
   38  sexual predator may file a petition to modify the [duration of registra-
   39  tion and] level of notification with the sentencing court  or  with  the
   40  court  which  made the determination regarding [duration of registration
   41  and] level of notification if a petition is filed by a sex offender  who
   42  is  required  to  register  pursuant  to  the provisions of section one
   43  hundred sixty-eight-k of this article. The petition shall set forth  the
   44  [duration  of registration  and] level of notification sought, together
   45  with the reasons for seeking such [determinations] determination.   The
   46  sex  offender  shall bear the burden of proving the facts supporting the
   47  requested modification by clear and convincing evidence. Such a petition
   48  shall not be considered more than annually. In the event  that  the  sex
   49  offender's  petition  to modify the [duration of registration and] level
   50  of notification is granted, the district attorney may appeal as of right
   51  from the order  pursuant  to  the  provisions  of articles  fifty-five,
   52  fifty-six  and  fifty-seven  of  the civil practice law and rules. Where
   53  counsel has been assigned to represent the sex offender upon the  ground
   54  that  the  sex  offender  is  financially unable to retain counsel, that
   55  assignment shall be continued throughout the pendency of the appeal, and

       S. 6256                           30                            A. 9758
      
	1  the person may appeal as a poor person pursuant to article eighteen-B of
    2  the county law.
    3    [3] 2.  The district attorney may file a petition to modify the [dura-
    4  tion  of registration and] level of notification for a sex offender with
    5  the sentencing court or with the  court  which  made the  determination
    6  regarding  [duration of  registration and] the level of notification if
    7  the petition relates to a sex  offender  who  is required  to  register
    8  pursuant  to the provisions of section one hundred sixty-eight-k of this
    9  article, where the sex offender (a) has been convicted of a  new  crime,
   10  or there has been a determination after a proceeding pursuant to section
   11  410.70 of the criminal procedure law or section two hundred fifty-nine-i
   12  of  the  executive  law  that  the sex offender has violated one or more
   13  conditions imposed as part of a sentence  of  a conditional  discharge,
   14  probation,  parole  or  post-release supervision for a designated crime,
   15  and (b) the conduct underlying the new crime or the violation  is  of  a
   16  nature  that  indicates  an  increased risk of a repeat sex offense. The
   17  petition shall set forth the [duration of  registration  and]  level  of
   18  notification  sought, together with the reasons for seeking such [deter-
   19  minations] determination. The district attorney shall bear the burden of
   20  proving the facts supporting the required modification,  by  clear  and
   21  convincing evidence.  [Such a petition shall not be considered more than
   22  annually.] In the event that the district attorney's petition is grant-
   23  ed, the sex offender may appeal as of right from the order, pursuant  to
   24  the  provisions of articles fifty-five, fifty-six and fifty-seven of the
   25  civil practice law and rules. Where counsel has been assigned to  repre-
   26  sent  the  offender upon the ground that he or she is financially unable
   27  to retain counsel, that assignment shall  be continued  throughout  the
   28  pendency  of  the  appeal,  and the person may proceed as a poor person,
   29  pursuant to article eighteen-B of the county law.
   30    [4] 3.  Upon receipt of a petition submitted pursuant to  subdivision
   31  one[,] or two [or three] of this section, the court shall forward a copy
   32  of  the  petition  to  the  board  and request an updated recommendation
   33  pertaining to the sex offender and shall provide a copy of the  petition
   34  to  the  other party.  The court shall also advise the sex offender that
   35  he or she has the right to be represented by counsel at the hearing  and
   36  counsel  will  be appointed if he or she is financially unable to retain
   37  counsel. A returnable form shall be enclosed in the court's  notice  to
   38  the  sex  offender on which the sex offender may apply for assignment of
   39  counsel.  If the sex offender applies for assignment of counsel and  the
   40  court  finds  that the offender is financially unable to retain counsel,
   41  the court shall assign counsel to represent the offender,  pursuant  to
   42  article  eighteen-B of the county law. Where the petition was filed by a
   43  district attorney, at least thirty  days  prior  to making  an  updated
   44  recommendation  the  board  shall notify the sex offender and his or her
   45  counsel that the offender's case is  under  review and  he  or  she  is
   46  permitted to submit to the board any information relevant to the review.
   47  The  board's  updated recommendation on the sex offender shall be confi-
   48  dential and shall not be available for public inspection. After  receiv-
   49  ing  an updated recommendation from the board concerning a sex offender,
   50  the court shall, at least thirty days prior to ruling upon the petition,
   51  provide a copy of the updated recommendation to the sex  offender,  the
   52  sex  offender's  counsel  and  the district attorney and notify them, in
   53  writing, of the date set by the court for a  hearing on  the  petition.
   54  After reviewing the recommendation received from the board and any rele-
   55  vant  materials  and  evidence  submitted  by  the sex offender and the
   56  district attorney, the court may grant or deny the petition.  The  court

       S. 6256                           31                            A. 9758
      
	1  may  also consult with the victim prior to making a determination on the
    2  petition. The court shall render an order  setting forth  its  determi-
    3  nation,  and  the  findings  of fact and conclusions of law on which the
    4  determination  is  based.  If  the  petition is granted, it shall be the
    5  obligation of the court to submit a copy of its order to  the  division.
    6  Upon  application  of  either party, the court shall seal any portion of
    7  the court file or record which contains material that  is  confidential
    8  under any state or federal statute.
    9    § 25. Subdivision 1 of section 168-q of the correction law, as amended
   10  by chapter 490 of the laws of 2000, is amended to read as follows:
   11    1.  The  division  shall  maintain a subdirectory of [sexually violent
   12  predators] high risk (level three)  sex  offenders.   The  subdirectory
   13  shall include the exact address and photograph of the sex offender along
   14  with   the   following   information,   if  available:  name,  physical
   15  description, age  and  distinctive  markings.   Background  information
   16  including  the  sex  offender's crime of conviction, modus of operation,
   17  type of victim targeted, the name and  address  of  any  institution  of
   18  higher  education at  which  the  sex offender is enrolled, attends, is
   19  employed or resides and a description of special conditions  imposed  on
   20  the  sex  offender  shall also be included.  The subdirectory shall have
   21  sex offender listings categorized by county and zip code. A copy of  the
   22  subdirectory  shall  annually  be  distributed  to the offices of local
   23  village, town, city,  county  or  state  law enforcement  agencies  for
   24  purposes of public access. The division shall distribute monthly updates
   25  to  the  offices  of  local  village,  town,  city, county or state law
   26  enforcement agencies for purposes of public access.    Such  departments
   27  shall  require  that  a person in writing provide their name and address
   28  prior to viewing  the  subdirectory.  Any information  identifying  the
   29  victim  by  name,  birth  date,  address or relation to the sex offender
   30  shall be excluded from the  subdirectory distributed  for  purposes  of
   31  public  access.  The  subdirectory  provided for herein shall be updated
   32  monthly to maintain its efficiency and usefulness and shall be  computer
   33  accessible.  Such  subdirectory  shall be made available at all times on
   34  the internet via the division homepage.
   35    § 26. Section 168-t of the correction law, as amended by  chapter  453
   36  of the laws of 1999, is amended to read as follows:
   37    § 168-t. Failure to register [or], annually verify, personally verify,
   38  notify  of  status at  an  institution  of  higher education, notify of
   39  address change or change of status at an institution  of  higher  educa-
   40  tion, notify of establishment of residence in state; penalty. 1. Any sex
   41  offender  required to register [or to verify] pursuant to the provisions
   42  of this article [who fails to register or verify in the manner and with-
   43  in the time periods provided for herein shall be guilty of a] is  guilty
   44  of  failure  to register, annually verify, personally verify, notify of
   45  status at an institution of higher education, notify of  address  change
   46  or  change  of status at an institution of higher education or notify of
   47  establishment of residence in state when he or she:
   48    (a) Fails to register with the division on  a  form  prepared  by  the
   49  division  (i)  at least  ten  calendar days prior to discharge, parole,
   50  release to post-release supervision or release from any state  or  local
   51  correctional facility,  hospital  or  institution  where  he or she was
   52  confined or committed, or (ii) at the time sentence is imposed  for  any
   53  sex offender released on probation or discharged upon payment of a fine,
   54  conditional discharge  or  unconditional  discharge,  or (iii) upon the
   55  division's request following a  determination  by  the  board  that  the

       S. 6256                           32                            A. 9758
      
	1  offender  is required to register pursuant to subdivision two of section
    2  one hundred sixty-eight-k of this article; or
    3    (b)  Fails  to sign and return to the division the annual verification
    4  form mailed by the division to his or her last reported address pursuant
    5  to section one hundred sixty-eight-b of this article within ten calendar
    6  days after receipt of the form; or
    7    (c) Fails to personally verify his or her address with the  local  law
    8  enforcement  agency every ninety calendar days after the date of release
    9  or commencement of parole or post-release supervision, or probation,  or
   10  release  on  payment of  a fine, conditional discharge or unconditional
   11  discharge after having been given a level three  designation  or  having
   12  been designated a sexual predator; or
   13    (d)  Fails  to provide  the division with the name and address of any
   14  institution of higher education he or she expects  to  be  employed  by,
   15  enrolled in, attending or employed, whether for compensation or not, and
   16  whether  he  or she expects to reside in a facility owned or operated by
   17  such an institution; or
   18    (e) Fails to notify the division within ten calendar days prior to any
   19  change of address; or
   20    (f) Fails to notify the division within ten calendar days prior to any
   21  change of status at an institution of higher education; or
   22    (g) Fails to notify the division within ten calendar  days  of  estab-
   23  lishing  residence in  this state in the case of a sex offender who has
   24  been convicted of an offense which requires registration under paragraph
   25  (b) of subdivision two or three of section one hundred sixty-eight-a  of
   26  this article.
   27    2.  Failure to register, annually verify, personally verify, notify of
   28  status at an institution of higher education, notify of  address  change
   29  or  change  of status at an institution of higher education or notify of
   30  establishment of residence in  state  is  a  class  A  misdemeanor  upon
   31  conviction  for  the first offense, and a class D felony upon conviction
   32  for a second or subsequent offense [shall be guilty of a class  D  felo-
   33  ny].
   34    3. Any such failure [to register or verify] may also be the basis for
   35  revocation of parole pursuant to section two hundred fifty-nine-i of the
   36  executive law or the basis for revocation of probation pursuant to arti-
   37  cle four hundred ten of the criminal procedure law.
   38    § 27. This act shall take effect immediately; provided, however,  that
   39  the  amendments  made  to  subdivisions  2 and 3 of section 168-a of the
   40  correction law by sections one, two and three of this act shall apply to
   41  persons convicted of an offense committed prior to such  date  who,  on
   42  such date, have not completed service of the sentence imposed thereon.
   43                                   PART G
   44    Section  1. Section 54 of the state finance law is amended by adding a
   45  new subdivision 9 to read as follows:
   46    9. a. Notwithstanding any inconsistent provision of this section or of
   47  any other provision of law to  the  contrary,  the  payment  of  general
   48  purpose local government aid for the support of local government for the
   49  state  fiscal  year commencing  April first, two thousand two and every
   50  fiscal year thereafter, shall be paid from  an  appropriation  made  for
   51  such  purposes pursuant  to  the  general government budget in a manner
   52  consistent with this subdivision. Subdivisions one through eight of this
   53  section shall not be applicable to the payment of per capita  state  aid
   54  for the support of local government.

       S. 6256                           33                            A. 9758
      
	1    b. Notwithstanding  any inconsistent provision of article five of the
    2  general construction law, in the fiscal year  of  the  state  commencing
    3  April first, two thousand two and every fiscal year thereafter, any city
    4  having  a population of one million or more shall be entitled to receive
    5  the same amount of general purpose local government aid that it received
    6  for  such  purpose pursuant to chapter fifty of the laws of two thousand
    7  one, constituting the general government budget, and section  fifty-four
    8  of  the  state finance  law, as added by section twelve of chapter four
    9  hundred thirty of the laws of nineteen hundred ninety-seven, as  if  the
   10  provisions  of such section fifty-four were in full force and effect for
   11  the entire state fiscal year commencing April first,  two  thousand  two
   12  and  every  fiscal year thereafter. Except as provided in paragraph c of
   13  this subdivision, each city, other than any city having a population  of
   14  one  million  or more,  town  and village that was appropriated general
   15  purpose local government aid pursuant to chapter fifty of  the  laws  of
   16  two  thousand  one shall  be entitled to receive a total of one hundred
   17  five percent of the amount of aid that it would be entitled  to  receive
   18  under  section fifty-four of the state finance law, as added by section
   19  twelve of chapter four hundred thirty of the laws  of  nineteen  hundred
   20  ninety-seven,  as if  the provisions of such section fifty-four were in
   21  full force and effect for the entire state fiscal year commencing  April
   22  first,  two thousand two and every fiscal year thereafter. Notwithstand-
   23  ing the provisions of this subdivision in the state fiscal year commenc-
   24  ing April first, two thousand two and every fiscal year thereafter,  the
   25  village of East Nassau, Rensselaer county, newly incorporated on January
   26  fourteenth,  nineteen hundred ninety-eight, shall be entitled to receive
   27  the same amount of general purpose local government aid that it received
   28  for such purpose pursuant to chapter fifty of the laws of  two  thousand
   29  one.   All aid pursuant to this section shall be paid in the same "on or
   30  before month and day" manner as specified in chapter fifty of  the  laws
   31  of  nineteen hundred  ninety-six,  constituting  the general government
   32  budget.
   33    c. Consolidations, mergers, or dissolutions - entitlement  to  general
   34  purpose  local government  aid.  In  the  case where any city, town, or
   35  village consolidates, merges or dissolves, and the  resulting  successor
   36  government  has filed with the office of the state comptroller a certif-
   37  icate of any such consolidation, merger, or dissolution, such  successor
   38  government  shall be entitled to receive any payments of general purpose
   39  local government aid which, pursuant to paragraph b of this subdivision,
   40  would have been otherwise payable to the individual  cities,  towns,  or
   41  villages who were party to such consolidation, merger, or dissolution in
   42  addition  to  the general  purpose  local government aid such successor
   43  government is entitled to receive had no such consolidation, merger,  or
   44  dissolution occurred. The annual amount of general purpose local govern-
   45  ment  aid any city, town, or village in which a municipality has consol-
   46  idated, merged, or dissolved shall be eligible to receive  on  the  date
   47  such  city, town, or village is consolidated, merged, or dissolved shall
   48  continue to be paid for the first state fiscal year following  the  date
   49  of  such consolidation, merger, or dissolution and payments shall there-
   50  after continue to be paid for an additional four state fiscal  years  in
   51  reduced  amounts as follows: in the second year following consolidation,
   52  merger, or dissolution, eighty percent of such  annual  amount;  in  the
   53  third  year,  sixty percent;  in the fourth year, forty percent; in the
   54  fifth year, twenty percent; and thereafter such payments shall cease  to
   55  be  paid.  In instances where only a portion of a city, town, or village
   56  is party to a consolidation, merger,  or  dissolution,  general  purpose

       S. 6256                           34                            A. 9758
      
	1  local government aid payable to the resulting successor government shall
    2  include  only  a  pro rata share of the aid otherwise due and payable to
    3  such city, town, or village. Such pro rata share shall  be  based  on  a
    4  ratio  of  the  two thousand federal decennial census population of the
    5  portion consolidated, merged, or dissolved as compared to the total  two
    6  thousand  federal decennial  census  population  of  the city, town, or
    7  village party to such consolidation, merger, or dissolution.
    8    § 2. This act shall take effect April 1, 2002; provided,  however,  if
    9  this  act  shall become a law after such date it shall take effect imme-
   10  diately and shall be deemed to have been in full force and effect on and
   11  after April 1, 2002.
   12                                   PART H
   13    Section 1. Paragraph a of subdivision 6 of section 76 of  chapter  435
   14  of the laws of 1997 amending the military law and other laws relating to
   15  various provisions, is amended to read as follows:
   16    a.  sections  forty-three  through forty-five of this act shall expire
   17  and be deemed repealed on September 1, [2002] 2003;
   18    § 2. This act shall take effect April 1, 2002; provided,  however,  if
   19  this  act  shall become a law after such date it shall take effect imme-
   20  diately and shall be deemed to have been in full force and effect on and
   21  after April 1, 2002.
   22                                   PART I
   23    Section 1. Subdivision 1 of section 34 of the public  lands  law,  as
   24  amended  by  chapter  703  of  the  laws  of 1994, is amended to read as
   25  follows:
   26    1. Such commissioner of general  services  may, from  time  to  time,
   27  transfer  and convey to a city, incorporated village, town or county, in
   28  consideration of one dollar to be paid to the state of New York, and  on
   29  such terms and conditions as such commissioner may impose, a part or all
   30  of  any  parcel  or  parcels  of unappropriated state lands upon certif-
   31  ication that such parcel or parcels are useful for local  mental  health
   32  facilities, mental retardation facilities, park, recreation, playground,
   33  reforestation,  government, street  or  highway purposes, and that they
   34  will be properly improved  and  maintained  for  one or  more  of  such
   35  purposes and provided that this disposition of such parcel or parcels is
   36  not  otherwise  prohibited. Certification shall be evidenced by a formal
   37  request from the board of estimate, common council, village board,  town
   38  board or county board of supervisors, setting forth in detail the parcel
   39  or parcels to be released, transferred and conveyed and the availability
   40  and  usefulness  of  such  parcel  or  parcels  for one or more of such
   41  purposes. In the city  of  New  York  however, certification  shall  be
   42  evidenced  by  a  formal request from the mayor. In the event that lands
   43  transferred under the  provisions  of  this  section are  not  properly
   44  improved  and maintained for one or more of the purposes contemplated by
   45  this section by the city, village, town or county to  which  they  were
   46  transferred,  the  title thereto shall revert to the people of the state
   47  of New York, and the attorney-general may institute an  action  in  the
   48  supreme  court for a judgment declaring a revesting of such title in the
   49  state. Such commissioner may  also  transfer  any unappropriated  state
   50  lands  to  the  office of parks, recreation and historic preservation or
   51  the department of environmental conservation, upon the  application  of
   52  the commissioner thereof indicating that such unappropriated state lands

       S. 6256                           35                            A. 9758
      
	1  are  required for state park purposes within the area of jurisdiction of
    2  such office or department.
    3    § 2. This act shall take effect immediately.
    4                                   PART J
    5    Section  1. Subdivisions 1, 2, 3 and 6 of section 399-z of the general
    6  business law, as added by chapter 547 of the laws of 2000,  are  amended
    7  to read as follows:
    8    1. As used in this section, the following terms shall have the follow-
    9  ing meanings:
   10    a. "Board" shall mean the consumer protection board;
   11    b.  "Director" means the executive director of the consumer protection
   12  board;
   13    c. "Customer" means any natural person who is a resident of this state
   14  and who is or may be required to pay for or  to exchange  consideration
   15  for goods and services offered through telemarketing;
   16    d.  "Doing  business  in this state" means conducting telephonic sales
   17  calls: (i) from a location in  this  state;  or (ii)  from  a  location
   18  outside of this state to consumers residing in this state;
   19    e.  "Goods  and  services"  means  any goods  and services, and shall
   20  include any real property or any tangible personal property or  services
   21  of any kind;
   22    f.  "Person" means any natural person, association, partnership, firm,
   23  corporation and its affiliates or subsidiaries or other business entity;
   24    g. "Telemarketer" means  any  person who,  for  financial  profit  or
   25  commercial  purposes in connection with telemarketing, makes telemarket-
   26  ing sales calls to a customer when the customer is in this state or  any
   27  person   who   directly   controls   or  supervises the  conduct  of  a
   28  telemarketer, or any person who otherwise contracts for, uses  or  bene-
   29  fits  from telemarketing  services.   For the purposes of this section,
   30  "commercial purposes" shall mean the sale or offer for sale of goods  or
   31  services.
   32    h.  "Telemarketing"  means  any  plan, program  or  campaign which is
   33  conducted to induce payment or the exchange of any other  consideration
   34  for  any  goods  or  services by use of one or more telephones and which
   35  involves more than one telephone call by a telemarketer, or any  person,
   36  or  agent  of  that person, in which the customer is located within the
   37  state at the time of the call.    Telemarketing does  not  include  the
   38  solicitation of sales through media other than by telephone calls.
   39    i.  "Telemarketing  sales call" means a telephone call made by a tele-
   40  marketer, or any person, or agent of that person, to a customer for  the
   41  purpose  of  inducing payment or the exchange of any other consideration
   42  for any goods or services;
   43    j. "Unsolicited telemarketing  sales call"  means  any  telemarketing
   44  sales call other than a call made:
   45    (i) in response to an express written or verbal request of the custom-
   46  er called; or
   47    (ii)  in  connection  with an established business relationship, which
   48  has not been terminated by either party; or
   49    (iii) to an existing customer, unless such customer has stated to  the
   50  telemarketer that such customer no longer wishes to receive the telemar-
   51  keting sales calls of such telemarketer; or
   52    (iv)  in which the sale of goods and services is [not] greater than or
   53  equal to twenty-five thousand  dollars  and  cannot  be  completed,  and
   54  payment or authorization of payment is not required, until after a face-

       S. 6256                           36                            A. 9758
      
	1  to-face  sales presentation by the telemarketer or a meeting between the
    2  telemarketer and customer.
    3    2.  The  board  shall  establish and maintain a no telemarketing sales
    4  calls statewide registry which shall contain a list of customers who  do
    5  not wish to receive unsolicited telemarketing sales calls. The board may
    6  contract  with a private vendor to establish and maintain such registry,
    7  provided [the private vendor has maintained  national  no  telemarketing
    8  sales  calls registries  for  more  than  two  years, and] the contract
    9  requires the vendor to provide the no telemarketing sales calls registry
   10  in a printed hard copy format and in any other format as  prescribed  by
   11  the board.
   12    3.  No telemarketer, or any person, or agent of that person, or seller
   13  may make or cause to be made any unsolicited telemarketing sales call to
   14  any customer more than thirty days after the customer's [name and] tele-
   15  phone number or numbers appear on the then current quarterly no telemar-
   16  keting sales calls registry made available  by  the board  pursuant  to
   17  subdivision two of this section.
   18    6.  a.  Where  it  is  determined  after  hearing that any person has
   19  violated one or more provisions of this section, the director,  or  any
   20  person deputized or so designated by him or her may assess a fine not to
   21  exceed [two] five thousand dollars for each violation.
   22    b.  Any  proceeding conducted pursuant to paragraph a of this subdivi-
   23  sion shall be subject to the state administrative procedure act.
   24    c. Nothing in this subdivision shall  be construed  to  restrict  any
   25  right  which  any  person  may have under any other statute or at common
   26  law.
   27    § 2. This act shall take effect immediately.
   28                                   PART K
   29    Section 1. Section 4 of part D of chapter 412  of the  laws  of  1999
   30  amending  the  civil  practice law and rules and the court of claims act
   31  relating to prisoner litigation reform, is amended to read as follows:
   32    § 4. This act shall take effect 120 days after it shall have become  a
   33  law  and shall remain in full force and effect until [December 31, 2002]
   34  September 1, 2003, when upon such date it shall expire  [and  be deemed
   35  repealed].
   36    §  2.  This act shall take effect April 1, 2002, provided, however, if
   37  this act shall become a law after such date it shall take  effect  imme-
   38  diately and shall be deemed to have been in full force and effect on and
   39  after April 1, 2002.
   40                                   PART L
   41    Section  1. Subdivisions 9 and 10 of section 301 of the county law are
   42  REPEALED and three new subdivisions 9, 10, and 11 are added to  read  as
   43  follows:
   44    9. "Wireless communications device" means any equipment used to access
   45  a wireless communications service.
   46    10. "Wireless  communications  service"  means  all commercial mobile
   47  services, as that term is defined in section 332(d) of title 47,  United
   48  States  Code,  as amended from time to time, including, but not limited
   49  to, all broadband personal communications services, wireless radio tele-
   50  phone services, geographic area  specialized  and  enhanced  specialized
   51  mobile  radio services, and incumbent-wide area specialized mobile radio
   52  licensees, which offer real time, two-way voice or data service that  is

       S. 6256                            37                            A. 9758
      
	1  interconnected  with the public switched telephone network or otherwise
    2  provides access to emergency communications services.
    3    11. "Wireless  communications  service supplier" means any commercial
    4  entity that operates a  wireless  communications  service  in  New  York
    5  state.
    6    §  2.  The county law is amended by adding a new section 308-a to read
    7  as follows:
    8    § 308-a. Establishment of municipal wireless surcharges.  1.  Notwith-
    9  standing  the provisions of any law to the contrary, any municipality of
   10  this state, acting through its board, is hereby authorized and empowered
   11  to adopt, amend or repeal local laws to impose a surcharge in an  amount
   12  not  to exceed thirty cents per month on wireless communications service
   13  in the municipality. The surcharge shall be imposed  on  each  wireless
   14  communications device  and shall be reflected and made payable on bills
   15  rendered for wireless communications service  within  the  municipality.
   16  All  surcharge monies remitted to the municipality shall be used to pay
   17  for costs associated with the design, construction,  operation,  mainte-
   18  nance, and administration of public safety communications networks serv-
   19  ing such municipality.
   20    2.  Any  local law  adopted  pursuant to this section shall state the
   21  amount of the surcharge and the date  on  which  the  wireless  communi-
   22  cations  service supplier shall begin to add such surcharge to the bill-
   23  ings of its customers.  Any  wireless  communications  service  supplier
   24  within  a municipality  which  has  imposed a surcharge pursuant to the
   25  provisions of this section shall be given a minimum of  forty-five  days
   26  written notice prior to the date it shall begin to add such surcharge to
   27  the  billings of its customers or prior to any modification to or change
   28  in the surcharge amount.
   29    3. (a) Each wireless communications service supplier serving a munici-
   30  pality shall act as collection agent  for  the  municipality  and  shall
   31  remit  the  funds collected  pursuant  to a surcharge imposed under the
   32  provisions of this section to the chief fiscal officer  of  the  munici-
   33  pality  every month.  Such funds shall be remitted no later than thirty
   34  days after the last business day of the month.
   35    (b) Each wireless communications service supplier shall be entitled to
   36  retain, as an administrative fee, an amount equal to two percent of  its
   37  collections of a surcharge imposed under the provisions of this section.
   38    (c)  Any surcharge  required  to  be collected by a wireless communi-
   39  cations service supplier shall be added to and stated separately in  its
   40  billings to customers.
   41    (d)  Each wireless  communications service customer who is subject to
   42  the provisions of this section shall be liable to the  municipality  for
   43  the  surcharge until  it  has been paid to the municipality except that
   44  payment to a wireless communications service supplier is  sufficient  to
   45  relieve the customer from further liability for such surcharge.
   46    (e)  No  wireless communications  service supplier shall have a legal
   47  obligation to enforce the collection of any surcharge imposed under  the
   48  provisions  of  this section, provided, however, that whenever the wire-
   49  less communications service supplier remits the funds collected  to  the
   50  municipality,  it shall also provide the municipality with the name and
   51  address of any customer refusing or failing to pay a  surcharge  imposed
   52  under  the provisions of this section and shall state the amount of such
   53  surcharge remaining unpaid.
   54    (f) Each  wireless communications  service  supplier  shall  annually
   55  provide  to  the municipality  an  accounting  of the surcharge amounts
   56  billed and collected.

       S. 6256                           38                            A. 9758
      
	1    4. All surcharge monies remitted to the  municipality  by  a  wireless
    2  communications service  supplier  shall  be expended only upon authori-
    3  zation of the board and only for payment of system costs or other  costs
    4  associated  with the  design, construction, operation, maintenance, and
    5  administration  of public  safety  communications networks serving such
    6  municipality. The municipality shall separately  account  for  and  keep
    7  adequate  books  and records of the amount and source of all such monies
    8  and of the amount and object or purpose  of  all  expenditures  thereof.
    9  If,  at  the end of any fiscal year, the total amount of all such monies
   10  exceeds the amount necessary for payment of the above mentioned costs in
   11  such fiscal year, such excess shall be reserved and carried over for the
   12  payment of those costs in the following fiscal year.
   13    § 3. Section 309 of the county law, as added by chapter  166  of  the
   14  laws  of  1991 and subdivisions 2 and 3 as amended by chapter 393 of the
   15  laws of 1992, is amended to read as follows:
   16    § 309. [Cellular telephone]  State  wireless communications  service
   17  surcharge.  1.  Notwithstanding  any  provision  of law to the contrary,
   18  there shall be imposed a surcharge of seventy cents per month on [cellu-
   19  lar telephone] wireless communications service in New  York  state.  The
   20  surcharge  shall  be  imposed on [all cellular telephones] each wireless
   21  communications device and shall be reflected and made payable  on  bills
   22  rendered for [cellular telephone] wireless communications service within
   23  New York state.
   24    2.  Each [cellular telephone] wireless communications service supplier
   25  shall collect the surcharges imposed by subdivision one of this  section
   26  and  shall remit the funds collected as the surcharge on [cellular tele-
   27  phone] wireless communications service to the division of  state  police
   28  on  a  quarterly  basis, by January thirty-first, April thirtieth, July
   29  thirty-first, and October thirty-first of  each  year.    The  [cellular
   30  telephone] wireless communications service supplier shall be entitled to
   31  retain  as  an  administrative fee an amount equal to two percent of its
   32  collections of the surcharge pursuant to this section.    However,  the
   33  [cellular telephone] wireless communications service supplier shall have
   34  no legal obligation to enforce the collection of any surcharge.
   35    3. Notwithstanding any provision of law to the contrary, all surcharge
   36  monies remitted to the division of state police pursuant to this section
   37  shall  be  deposited  to  the seized assets account of the miscellaneous
   38  special revenue fund for payment of [division of] state  [police]  costs
   39  related to [statewide] the design, construction, operation, maintenance,
   40  and  administration of  [a  cellular  911  emergency telecommunications
   41  system] statewide communications networks that  support  public safety,
   42  and  to  other  state public safety and security programs, including but
   43  not limited to the detection, protection against,  prevention,  response
   44  and  recovery  from terrorist  acts  or  threats, state police operated
   45  public safety answering points for wireless 911 calls, and  to  the  New
   46  York state emergency services revolving loan account.
   47    4.  The  state of New York and any municipality participating with the
   48  New York state division of state police in the provision  of  [cellular]
   49  wireless 911  emergency  services  shall  be  exempt from any surcharge
   50  imposed under this section.
   51    § 4. This act shall take effect April 1, 2002; provided,  however,  if
   52  this  act  shall become a law after such date it shall take effect imme-
   53  diately and shall be deemed to have been in full force and effect on and
   54  after April 1, 2002.
     55                                   PART M

       S. 6256                           39                            A. 9758
      
	1    Section 1. Definitions. As used in this act, unless the context clear-
    2  ly requires otherwise:
    3    a.  "Retirement  system" means the New York state and local employees'
    4  retirement system, the New York state teachers' retirement  system,  the
    5  New  York  city  teachers' retirement system, the New York city board of
    6  education retirement system or the New York city employees'  retirement
    7  system,  exclusive  of  the  retirement  plans established  pursuant to
    8  sections 13-156 and 13-157 of the administrative code of the city of New
    9  York.
   10    b. "Teachers' retirement system" means the New  York  state  teachers'
   11  retirement system or the New York city teachers' retirement system.
   12    c. "Optional retirement program" means the programs established pursu-
   13  ant  to the provisions of section 181, 391 or 6251 of the education law;
   14  or continued pursuant to section 3 of chapter 980 of the laws of 1962.
   15    d. "State employer" means (a) the executive branch of the  state,  (b)
   16  the state-operated institutions of the state university of New York, (c)
   17  the  statutory and contract colleges operated pursuant to section 357 of
   18  the education law, (d) the state university construction fund  ("fund"),
   19  (e)  a  cooperative  extension  association ("association"), and (f) the
   20  city university of New York as defined in subdivision 2 of section  6202
   21  of the education law.
   22    e.  (a) "Participating employer" means an employer, other than a state
   23  employer, which participates in a retirement system;  such  term  shall
   24  include a community college operating under the program of state univer-
   25  sity  of  New  York. Such term shall not include: (a) the unified court
   26  system, (b) the senate, (c) the  assembly,  and  (d) joint  legislative
   27  employers.
   28    (b)  "Educational  employer" means a participating employer which is a
   29  school district, a board of cooperative educational services,  a  voca-
   30  tional education and extension board, an institution for the instruction
   31  of the deaf and of the blind as enumerated in section 4201 of the educa-
   32  tion law, or a school district as enumerated in section 1 of chapter 566
   33  of the laws of 1967, as amended.
   34    f.  "Eligible employee" means a person who is a member of a retirement
   35  system or a participant in an optional  retirement program  who  is  an
   36  employee in the executive branch of a state employer or an employee of a
   37  state employer or a participating employer which makes an election under
   38  this  section  or  section  four  of  this  act, but such term shall not
   39  include the following persons:
   40    (a) elected officials, judges or justices appointed to or serving in a
   41  court of record and acting village justices;
   42    (b) chief administrative officers  of participating  employers  which
   43  participate in a teachers' retirement system;
   44    (c)  officers  described  in  sections  4, 41-a, 46, 61, 70, 70-a, 169
   45  (including those officers whose salary is established pursuant to salary
   46  plans under subdivision 3 of such section), 180  and subdivision  1  of
   47  section  41  of  the  executive  law  and  any agency or department head
   48  appointed by the governor, comptroller or attorney general; and
   49    (d) appointed members of boards or commissions any of  whose  members
   50  are appointed by the governor or by another state officer or body.
   51    g.  "Eligible  title"  means any title where a certain number of posi-
   52  tions in that title, as identified by agency, department, work  location
   53  or  appointing  authority, college or campus, as the case may be, are to
   54  be eliminated in accordance with the provisions of section eight of this
   55  act  because  of  economy,  consolidation  or abolition  of  functions,
   56  curtailment  of  activities or otherwise. However, an eligible title can

       S. 6256                           40                            A. 9758
      
	1  also include a title as identified by agency, department, work  location
    2  or  appointing authority in which positions have not been eliminated but
    3  into which employees in titles affected by layoff can be transferred  or
    4  reassigned  pursuant  to  the civil service law, rule or regulation. The
    5  determination of eligible titles shall be made by: (a)  the  appointing
    6  authority,  subject  to the approval of the director of state operations
    7  for titles within the executive branch, (b) the board  of  trustees  for
    8  the  state  university  (including  the association), the fund, the city
    9  university of New York and of each community college operating under the
   10  program of the state university, and (c) the chief executive officer  or
   11  other  comparable  official  for  participating employers other than the
   12  community colleges.
   13    h. "College faculty" means an employee, not in the classified service,
   14  of a state employer described in paragraphs (b) through (f) of  subdivi-
   15  sion  d  of  this section or of a community college who is a member of a
   16  teachers' retirement system, the New York  state and  local  employees'
   17  retirement system or a participant in an optional retirement program.
   18    i.  "Active  service"  means  service while being paid on the payroll,
   19  provided that (a) a leave of absence with pay  shall be  deemed  active
   20  service; (b) other approved leave without pay not to exceed twelve weeks
   21  from  the  effective date of this act and the commencement of the desig-
   22  nated open period; and (c) the period of time subsequent  to  the  June
   23  2002  school  term  and  on  or before August 30, 2002 for a teacher (or
   24  other employee employed on a school-year  basis) who  is  otherwise  in
   25  active  service on the effective date of this act shall be deemed active
   26  service.
   27    j. "Open period or  periods"  means  the period  beginning  with  the
   28  commencement  date  and  shall not be more than 90 days nor less than 30
   29  days in length, as specified by the director of state operations or by a
   30  participating employer pursuant to section four  of this  act,  by  the
   31  appropriate  board  of  trustees for the state university (including the
   32  association), the fund, the city university of New York or  a  community
   33  college  operating  under  a  program  of the state university; provided
   34  however that any such period shall not extend beyond March 31, 2003  for
   35  the executive branch of a state employer described in paragraphs (a) and
   36  (b)  of  subdivision d of this section (except for college faculty), not
   37  beyond December 31, 2002 for participating employers,  college  faculty
   38  for a state employer described in paragraph (b) of subdivision d of this
   39  section, state employers described in paragraphs (c) through (e) of such
   40  subdivision  d,  not  beyond  January 31, 2003 for college faculty of an
   41  employer described in paragraph (f)  of  such subdivision  d,  and  not
   42  beyond  August  30,  2002 for educational employers. For the purposes of
   43  retirement pursuant to this act, a service retirement  application  must
   44  be  filed  with the appropriate retirement system not less than fourteen
   45  days prior to the effective date of retirement to become effective.
   46    k. "Commencement date" means the first day  the  retirement  incentive
   47  authorized  by this act shall be made available, which shall mean a date
   48  or dates on or after the effective date of this act to be determined  by
   49  the  director of state operations for the executive branch of the state,
   50  and which date or dates shall occur no later  than thirty  days  before
   51  March  31,  2003  or  for  any other state employer or any participating
   52  employer a date on or after the effective date of this act. The director
   53  of state operations shall notify the head of the appropriate  retirement
   54  system  of  the  date of each open period applicable to employees of the
   55  executive branch of a state employer prior to the commencement date.

       S. 6256                           41                            A. 9758
      
	1    § 2. The determination of whether a title shall be considered eligible
    2  shall consider whether the abolition of a specific number  of  positions
    3  within a title would unacceptably:
    4    a.  Directly result in a reduction of the level of service required or
    5  mandated to protect and care for clients of the state or a participating
    6  employer or to assure public health and safety;
    7    b. Endanger the health or safety  of  employees of  the  state  or  a
    8  participating employer; or
    9    c.  Clearly  result in a loss of significant revenue to the state or a
   10  participating employer or result in substantially increased overtime  or
   11  contractual  costs.  However,  upon the determination of the director of
   12  state operations, with respect to employees of the executive branch of a
   13  state employer, any titles may be determined eligible if  the  vacancies
   14  created  can  be  controlled  by  the  use  of transfer or reassignment
   15  provisions of the civil service  law,  rules  or regulations  or  other
   16  deployment of state employees.
   17    § 3. a. Eligibility for inclusion in the retirement incentive provided
   18  by  section  six  of this act shall be determined: (a) by seniority: for
   19  participating employers and for state employers described in  paragraphs
   20  (a)  through (f) of subdivision d of section one of this act, other than
   21  for college faculty; seniority shall mean the date of original permanent
   22  appointment in the civil service of the state adjusted to include veter-
   23  an's credits for those entitled to  receive  such credits  pursuant  to
   24  sections 80 and 80-a, if applicable, of the civil service law, as estab-
   25  lished  in  the  official  records  of  the department of civil service,
   26  regardless of the jurisdictional classification of the position  or  the
   27  status  of  the  incumbent; and (b) for college faculty, by the board of
   28  trustees of the state university, city university and of each  community
   29  college operating under the program of the state university.
   30    b. All eligible employees serving in eligible titles desiring to avail
   31  themselves  of  the retirement incentive provided by section six of this
   32  act shall provide written notice to his or her employer on or before the
   33  twenty-first day preceding the end of the open period, or before the end
   34  of the applicable open period as such open period is determined  by  the
   35  director  of  state  operations.  Failure to provide such written notice
   36  shall render  the  employee  ineligible  for  the retirement  incentive
   37  provided by this act.
   38    §  4.  a.  On or before August 30, 2002, a participating employer or a
   39  state employer described in paragraphs (b) through (f) of subdivision  d
   40  of  section  one  of  this  act  may  elect to provide its employees the
   41  retirement incentive authorized by this act by (a) the  enactment  of  a
   42  local  law,  or (b) in the case of a participating employer which is not
   43  so empowered to act by local law or a state employer described in  para-
   44  graphs  (b)  through (f) of subdivision d of section one of this act, by
   45  the adoption of a resolution of its governing body; provided however, no
   46  local law or resolution enacted pursuant to this section  shall  in  any
   47  manner supersede any local charter, provided further, that for an educa-
   48  tional  employer such election must be made by July 26, 2002.  The local
   49  law or resolution shall specify  the  commencement date  or  dates  (if
   50  different for college faculty) of the program and the length of the open
   51  period  or  periods  (if different for college faculty). For a community
   52  college operating under the program of state university  of  New  York,
   53  such  election  shall be made by the board of trustees of such community
   54  college subject to the approval of its sponsor. A copy of  such  law  or
   55  resolution  shall  be  filed  with  the appropriate retirement system or
   56  systems, and, if applicable, on forms provided by such system. The local

       S. 6256                           42                            A. 9758
      
	1  law or resolution shall be accompanied by the affidavit  of  the  chief
    2  executive  officer or other comparable official certifying to the infor-
    3  mation contained in subdivision b of this section.
    4    b.  Notwithstanding  any other provision of law, the benefits provided
    5  by this act shall not be made  available  to  any person  who  (a)  has
    6  received  any retirement incentive authorized by provision of state law,
    7  or (b) who receives, has received or is eligible to receive a payment in
    8  a lump sum or in another form a retirement incentive  pursuant  to  the
    9  provisions  of a collective bargaining agreement or by other arrangement
   10  with his or her employer, unless such person files a written  statement
   11  with  his  or  her  employer,  a copy of which shall be forwarded to the
   12  appropriate retirement system, that he or she agrees to waive any  right
   13  to such payment. A participating employer who makes an election pursuant
   14  to  this  section  and  who offers or has offered a retirement incentive
   15  pursuant to the provisions of a collective bargaining  agreement  or  by
   16  other arrangement shall prepare, and file with each retirement system, a
   17  list  containing  the  names  and social security numbers of all persons
   18  described in this paragraph.
   19    c. Notwithstanding any other provision of this act, the mayor  of  the
   20  city  of New York may declare employees of the community colleges of the
   21  city university of New York  ineligible  for  the retirement  incentive
   22  provided  by this act by filing such notification with the chancellor of
   23  the city university of New York, with copies to the chair of the  senate
   24  finance  committee,  the  chair of the assembly ways and means committee
   25  and the director of the budget, in writing, no later than the  thirtieth
   26  day next succeeding the effective date of this act.
   27    § 5. Notwithstanding any other provision of law, any eligible employee
   28  serving in an eligible title who (a) has been continuously in the active
   29  service  of  a  state  employer  or of a participating employer from the
   30  effective date of  this  act  to  the  date  immediately prior  to  the
   31  commencement  date  of the applicable open period, (b) files an applica-
   32  tion for service retirement (or files the appropriate  application  and
   33  authorization  form  with  the  optional  retirement program and a duly
   34  acknowledged retirement incentive form for such program with the  appro-
   35  priate  personnel  office) that is effective during the open period, and
   36  (c) is otherwise eligible for a service retirement as of  the  effective
   37  date  of the application for retirement shall be entitled to the retire-
   38  ment incentive provided in section six of this act. If not so  otherwise
   39  eligible for a service retirement, the following persons shall be deemed
   40  to satisfy the eligibility condition of this section: a person who is at
   41  least  age fifty with ten or more years service as of the effective date
   42  of retirement (other than a member of a retirement plan  which  provides
   43  for  half-pay  pension  upon  completion  of twenty-five  years or less
   44  service without regard to age); a member  of  a retirement  plan  which
   45  provides  for  half-pay  pension upon completion of twenty-five years of
   46  service without regard to age who has not accrued, excluding  additional
   47  credit  granted  pursuant  to  this  act, the minimum number of years of
   48  service required to retire with an allowance equal to fifty  percent  of
   49  final average salary under such plan, but has, with the inclusion of the
   50  additional  credit provided under this act, accrued such number of years
   51  of credit; or a participant in an  optional retirement  plan  at  least
   52  fifty  years  of age with ten years of service on an annual salary basis
   53  with his or her employer as of the date of retirement.
   54    § 6. Notwithstanding any other provision of law, an eligible  employee
   55  serving in an eligible title who is:

       S. 6256                           43                            A. 9758
      
	1    a. A member of a retirement system and who is entitled to a retirement
    2  incentive  pursuant  to section five of this act shall receive a retire-
    3  ment incentive of one-twelfth of a year of additional retirement  credit
    4  for  each year of pension service credited as of the date of retirement,
    5  up  to a maximum of three years of retirement service credit at the time
    6  of retirement. For the New York city teachers' retirement  system,  New
    7  York  city  employees'  retirement system and the New York city board of
    8  education retirement system such incentive shall be available  for  all
    9  purposes,  including  fulfilling  the qualifying service requirements of
   10  plan A and C, if applicable.
   11    An eligible employee who is covered by the provisions of article 15 of
   12  the retirement and social security law shall retire under the provisions
   13  of article 15 of the retirement and social security law. The  amount  of
   14  such  benefit  for  an eligible employee who is covered by article 15 of
   15  such law and retires under the provisions of this section (other than  a
   16  member  with  thirty or more years of service who is at least age fifty-
   17  five in the New York state and local employees' retirement system  or  a
   18  teachers' retirement system) shall be reduced by six percent for each of
   19  the  first  two years by which retirement precedes age sixty-two, plus a
   20  further reduction of three percent for each  year by  which  retirement
   21  precedes  age  sixty,  provided, however, the foregoing reductions shall
   22  not apply: (a) in any case where an eligible employee can  retire  after
   23  twenty-five  years of service with immediate payability prior to the age
   24  of sixty-two pursuant to section 604-b  of  the retirement  and  social
   25  security  law or (b) to any time period subsequent to the point at which
   26  an eligible employee can retire for service without reduction of his  or
   27  her  service  retirement allowance pursuant to article 16 of the retire-
   28  ment and social security law.  Such  reduction shall  be  prorated  for
   29  partial  years. The amount of such benefit for an eligible employee with
   30  thirty or more years of service who is a member of the  New  York  state
   31  and  local employees' retirement system or a teachers' retirement system
   32  or an eligible employee who is a participant in the optional twenty-five
   33  year early retirement program for certain New York city members governed
   34  by section 604-c of the retirement and social security law, as added  by
   35  chapter  96  of  the  laws  of  1995,  with twenty-five or more years of
   36  service and who is covered by such article 15 shall be reduced  by  five
   37  percent  for  each  year  by  which  retirement pursuant to this section
   38  precedes age fifty-five. The amount of such benefit for an eligible  New
   39  York  city  employee  with  ten  or  more  years of service and who is a
   40  participant in  the  age  fifty-seven  retirement program  governed  by
   41  section 604-d of the retirement and social security law shall be reduced
   42  by  one-thirtieth  for  the first two years by which retirement precedes
   43  age fifty-seven plus a further reduction of one-twentieth for each  year
   44  by  which  retirement  precedes  age fifty-five. Such reduction shall be
   45  prorated for partial years. There shall be no reduction for an  eligible
   46  New  York city employee in a physically taxing position with twenty-five
   47  or more years of service and who is a participant (i)  in  the  optional
   48  twenty-five  year  early retirement program for certain members governed
   49  by section 604-c of the retirement and social security law  or  (ii)  in
   50  the  age fifty-seven retirement program governed by section 604-d of the
   51  retirement and social security law.
   52    An eligible employee serving in an eligible title who  is  covered  by
   53  article  11 of the retirement and social security law shall retire under
   54  the provisions of such article 11. The amount of such  benefit  for  an
   55  eligible  employee  covered  by such article 11 other than a member of a
   56  teachers' retirement system or a member of the New York state and  local

       S. 6256                           44                            A. 9758
      
	1  employees'  retirement  system with thirty or more years of service or a
    2  participant in the optional age fifty-five improved benefit  retirement
    3  program for certain New York city employees governed by section 445-d of
    4  the  retirement  and  social security law, as added by chapter 96 of the
    5  laws of 1995, with twenty-five or more years of service shall be reduced
    6  by six percent for each of the  first  two  years by  which  retirement
    7  pursuant  to  this  section  precedes  age sixty-two,  plus  a  further
    8  reduction of three percent for each year by which retirement pursuant to
    9  this section  precedes  age  sixty,  provided, however,  the  foregoing
   10  reductions  shall  not apply: (a) in any case where an eligible employee
   11  can retire pursuant to a plan which permits retirement for service  with
   12  immediate  payability, exclusive of this act, prior to the age of fifty-
   13  five or (b) to any time period subsequent  to  the point  at  which  an
   14  eligible employee can retire for service without reduction of his or her
   15  service  retirement  allowance  pursuant to article 16 of the retirement
   16  and social security law. Such reduction shall be prorated  for  partial
   17  years.  The  amount  of  such  benefit for an eligible employee who is a
   18  member of a teachers' retirement system or a  member of  the  New  York
   19  state  and  local employees' retirement system with thirty or more years
   20  of service or a participant in  the  optional  age fifty-five  improved
   21  benefit  retirement program for certain New York city employees governed
   22  by section 445-d of the retirement and social security law, as added  by
   23  chapter  96  of  the  laws  of  1995,  with twenty-five or more years of
   24  service and who is covered by such article 11 shall be reduced  by  five
   25  percent  for  each  year  by  which  retirement pursuant to this section
   26  precedes age fifty-five. Such reduction shall be prorated  for  partial
   27  years. There shall be no reduction for an eligible New York city employ-
   28  ee  in  a  physically  taxing  position  and who is a participant in the
   29  optional age fifty-five improved benefit retirement program for  certain
   30  New  York city employees governed by section 445-d of the retirement and
   31  social security law, as added by chapter 96 of the laws  of  1995,  with
   32  twenty-five or more years of service.
   33    An  eligible  employee serving in an eligible title who is not covered
   34  by article 11 or 15 of the retirement  and  social security  law  shall
   35  retire  under  the provisions of the plan by which he or she is covered.
   36  The amount of such benefit shall be reduced by  five percent  for  each
   37  year  by  which  retirement pursuant to this section precedes age fifty-
   38  five, provided, however, the foregoing reductions shall not  apply:  (a)
   39  in  any  case  where  an eligible employee can retire pursuant to a plan
   40  which permits retirement for service with immediate payability,  exclu-
   41  sive  of  this  act,  prior  to the age of fifty-five or (b) to any time
   42  period subsequent to the point at which an eligible employee can  retire
   43  for service without reduction of his or her service retirement allowance
   44  pursuant  to  article 16 of the retirement and social security law. Such
   45  reduction shall be prorated for partial years.
   46    An eligible employee serving in an eligible title who participates  in
   47  a  retirement  plan  which  provides for a retirement allowance equal to
   48  fifty percent of final average salary upon the completion of twenty-five
   49  years of service without regard to age and who is otherwise eligible  to
   50  retire  shall  retire  under  the provisions of such plan. Such employee
   51  shall, at the time of retirement, be credited with one-twelfth of a year
   52  of additional retirement service credit for each year of service credit-
   53  ed under such plan as of the date of retirement,  up to  a  maximum  of
   54  three  years  of retirement service credit, subject to the provisions of
   55  the succeeding paragraph.

       S. 6256                           45                            A. 9758
      
	1    If such employee has not accrued, excluding additional credit  granted
    2  pursuant to this act, the minimum number of years of service required to
    3  retire  with an allowance equal to fifty percent of final average salary
    4  under such plan, but has, with the inclusion of  the additional  credit
    5  provided  under  this  act,  accrued such number of years of credit, the
    6  benefit payable shall be the percentage of  final average  salary  that
    7  would  ordinarily  be applicable to such individual upon retirement with
    8  such amount of credit (including incentive credit), reduced by five  per
    9  centum  per  year  for each year by which the number of years of service
   10  otherwise required to retire with an allowance equal to fifty percent of
   11  final average salary under such plan exceeds the amount of service cred-
   12  ited to such employee under such plan at retirement (excluding the addi-
   13  tional retirement incentive service credit  provided pursuant  to  this
   14  act). Such reduction shall be prorated for partial years.
   15    b.  A participant in an optional retirement program who is entitled to
   16  a retirement incentive pursuant  to  section  five of  this  act  shall
   17  receive  an  additional  employer contribution equal to an amount, which
   18  shall be calculated as follows: (one-twelfth for each year  of  service)
   19  multiplied  by  (fifteen percent) multiplied by (the employee's earnable
   20  annual salary rate in effect on March 1, 2002 or the effective  date  of
   21  this  act  if  the employee retires prior to March 1, 2002), such amount
   22  not to exceed forty-five percent of such salary rate. Such  contribution
   23  shall  be  made  to the employee's retirement annuity under the optional
   24  retirement program  up  to  the  maximum contribution  allowable  under
   25  section  415 of the internal revenue code. Any contribution in excess of
   26  that limit shall be contributed by the employer to an  internal  revenue
   27  code section 403 (b) contract on behalf of the employee to the extent it
   28  can  be  contributed  on  a  before-tax  basis  under the maximum limits
   29  allowed under the internal revenue code.  Contributions  in  excess  of
   30  that  amount  shall  be  paid  in cash to the participant in three equal
   31  installments during a twenty-four month period commencing on such eligi-
   32  ble employee's effective date of retirement. Provided, however,  if  the
   33  employee  is  employed  by  the  city  university of New York and in the
   34  active service of such employer on October 1, 2002 or the effective date
   35  of this act if the employee  retires  prior  to October  1,  2002,  the
   36  employee's  earnable  annual salary rate shall be the annual salary rate
   37  in effect on such applicable date.
   38    § 7. a. An employee of a state employer, other than the city universi-
   39  ty of New York, who retires pursuant to this act may defer  calculation
   40  of  the  value  of  accumulated  sick leave credits, if any, and partic-
   41  ipation in the state health insurance plan.
   42    b. Where there is an agreement in accordance with article  14  of  the
   43  civil  service  law,  an employee of a state employer described in para-
   44  graph (a) or (b) of subdivision d of section one of this act who retires
   45  pursuant to this act whose last day of active service is  within  thirty
   46  days  prior  to  April 1, 2002 or April 1, 2003, who would, if in active
   47  service through March 31, 2002 or March  31,  2003, as  applicable,  be
   48  eligible  for  a  lump sum longevity performance award or other lump sum
   49  payments shall receive such payment. An employee who retires pursuant to
   50  this act whose last day of active service is within thirty days prior to
   51  April 1, 2002 or April 1, 2003, who would, if in active service  through
   52  March  31, 2002 or March 31, 2003, as applicable, be eligible for a lump
   53  sum longevity performance award or other lump sum shall receive payment.
   54    c. Notwithstanding any other provision of law, any termination pay  or
   55  leave  arising  from  accrued  sick leave or accrued annual leave for an
   56  eligible employee who has elected the retirement incentive  provided  by

       S. 6256                            46                            A. 9758
      
	1  this  act  and who is a member of the New York city teachers' retirement
    2  system employed by the board of education of the city of New York  shall
    3  be  paid  in  three equal installments during a twenty-four month period
    4  commencing on such eligible employee's effective date of retirement.
    5    d.  An  employee of the city of New York or the city university of New
    6  York, as defined in subdivision 2 of section 6202 of the  education  law
    7  who  retires  under the retirement incentive provided by this act who is
    8  eligible  for  terminal  leave  pursuant  to  an applicable  collective
    9  bargaining  agreement  or a personnel policy or rule or retirement leave
   10  pursuant to section 3107 of the education law  or who  has  an  accrued
   11  annual  leave  balance on the effective date of retirement shall be paid
   12  in three equal installments two months, fourteen months and  twenty-four
   13  months following such eligible employee's effective date of retirement.
   14    §  8.  a. With respect to employees of a state employer, any position,
   15  other than a position supported by special revenue funds, vacated  as  a
   16  result  of  an  eligible  employee  in  an  eligible title receiving the
   17  retirement incentive provided by section six of this act shall be elimi-
   18  nated unless such position is identified as one into which another state
   19  employee can be appointed, transferred or reassigned  pursuant  to  the
   20  civil  service  law,  or rules or regulations of the state civil service
   21  commission, in which case the former position of the state  employee  so
   22  appointed, transferred or reassigned shall be eliminated. Identification
   23  of  positions  pursuant  to  the preceding sentence shall be made by the
   24  official or entity described in  paragraphs  (a) through  (d)  of  this
   25  subdivision for titles listed therein:
   26    (a)  the  director of state operations for titles within the executive
   27  branch,
   28    (b) the board of trustees for the state university for  titles  within
   29  the  state-operated institutions of the state university of New York and
   30  the statutory, contract colleges operated pursuant to section 357 of the
   31  education law and the cooperative extension association;
   32    (c) the board of trustees of the state  university construction  fund
   33  for titles within the fund; and
   34    (d)  the  board  of  trustees  of  the  city university of New York as
   35  defined in subdivision 2 of section 6202 of the education law for titles
   36  within the city university.
   37    b. (a) The director of state operations shall direct the department of
   38  civil service to prepare a report designating the title,  grade  level,
   39  salary,  and  classification,  according to appointing authority, (i) of
   40  each position which is eliminated pursuant  to subdivision  a  of  this
   41  section,  (ii)  of  each  position into which another state employee was
   42  appointed, transferred, or reassigned and the former position  of  such
   43  state  employee,  and  (iii)  of  each position which is eliminated as a
   44  result of an  appointment,  transfer  or reassignment  referred  to  in
   45  subparagraph  (ii)  of this paragraph. Such report shall be available no
   46  later than 90 days after the last date of the  open period  related  to
   47  such positions.
   48    (b)  The officials or entities listed in paragraphs (b) through (d) of
   49  subdivision a of this section shall prepare  a report  designating  the
   50  title,  grade  level,  salary,  and classification, (i) of each position
   51  which is eliminated pursuant to subdivision a of this section,  (ii)  of
   52  each  position  into  which another state employee was appointed, trans-
   53  ferred, or reassigned and the former position of such  state  employee,
   54  and  (iii)  of  each  position  which  is eliminated  as a result of an
   55  appointment, transfer or reassignment referred to in subparagraph  (ii)

       S. 6256                           47                            A. 9758
      
	1  of  this paragraph. Such report shall be available no later than 90 days
    2  after the last date of the open period related to such positions.
    3    §  9.  a.  A participating employer shall not be required to eliminate
    4  the positions of eligible employees in  eligible titles  receiving  the
    5  retirement incentive provided by section six of this act if such employ-
    6  er can demonstrate that it will achieve a compensation savings such that
    7  the  total amount of base salary paid for the two-year period subsequent
    8  to the effective date of  retirement  for  such  eligible employees  in
    9  eligible titles to those new hires, if any, who otherwise would not have
   10  been hired by such employer after the effective date of this act but for
   11  the  retirement incentive provided herein shall be no more than one-half
   12  of the total amount of base salary that would have been  paid  to  such
   13  eligible employees from their date of retirement for such two-year peri-
   14  od.  Each  such  employer  shall  make available its plans for achieving
   15  these savings.
   16    b. The city of New York shall not be required to eliminate  the  posi-
   17  tions  of eligible employees in eligible titles receiving the retirement
   18  incentive provided by section six of  this  act  if such  participating
   19  employer  can  demonstrate that it will achieve a compensation or equiv-
   20  alent headcount savings such  that  the  total amount  of  compensation
   21  including benefits paid for the two-year period subsequent to the effec-
   22  tive  date  of retirement for such eligible employees in eligible titles
   23  to those new hires, if any, who otherwise would not have been  hired  by
   24  such  employer  after the effective date of this act but for the retire-
   25  ment incentive provided herein shall be no more than  one-half  of  the
   26  total  amount  of base salary that would have been paid to such eligible
   27  employees from their date of retirement for such two-year  period.  For
   28  purposes of this subdivision, the "city of New York" shall mean the city
   29  of  New  York  or  a participating employer a majority of the members of
   30  whose governing body are: (a) appointed by the mayor of the city of  New
   31  York or other citywide elected official, a borough president of the city
   32  of  New  York,  or  any combination thereof; (b) designated by virtue of
   33  their city of New York office or position or their office  or  position
   34  with  a  participating  employer  whose  governing board is described in
   35  paragraph (a) of this subdivision; or (c) appointed or designated by any
   36  combination of the foregoing. Such employer  shall make  available  its
   37  plans for achieving these savings.
   38    § 10. Nothing in this act shall be used to provide benefits that shall
   39  exceed the limits contained in section 415 of the internal revenue code.
   40  Provided, however, any service retirement benefit which has been reduced
   41  because  of  section 415 of the internal revenue code shall be increased
   42  when (and consistent with) the dollar limits in such  section  415  are
   43  adjusted  by  the internal revenue service for cost of living increases.
   44  Such increases shall not increase the benefit in excess of  the  service
   45  retirement benefit otherwise payable.
   46    §  11. Any eligible employee who retires pursuant to the provisions of
   47  this act and enters or reenters public service as defined in subdivision
   48  e of section 210 of the retirement and social security law and joins  or
   49  rejoins any public retirement system of the state as defined in subdivi-
   50  sion  6  of  section  152  of  the retirement and social security law or
   51  elects to participate in an optional retirement program  shall  if  the
   52  additional  benefit  was  provided  pursuant  to: (a)  subdivision a of
   53  section six of this act, forfeit the additional benefit  authorized  by
   54  this  act at the time of his or her subsequent retirement; or (b) subdi-
   55  vision b of section six of this act, repay to the state or participating

       S. 6256                           48                            A. 9758
      
	1  employer such additional  contribution  together with  the  appropriate
    2  interest as determined by the state comptroller.
    3    §  12.  Notwithstanding  any  other  provision  of law, if the service
    4  retirement benefit of the member is  subject  to  a maximum  retirement
    5  benefit,  the additional benefit authorized by this act will be computed
    6  by multiplying the final average salary times the number  of  years  of
    7  service  credit  granted  by  section  six of this act times the benefit
    8  fraction of the plan under which the member retires.
    9    § 13. The provisions of section 430 of the retirement and social secu-
   10  rity law shall not apply to any benefit or benefit improvement  provided
   11  by this act.
   12    §  14.  The  pension  benefit costs of subdivision a of section six of
   13  this act shall be paid by employers as provided by applicable  law  for
   14  each  retirement  system covered by this act over a period not to exceed
   15  five years commencing in the state fiscal year ending March 31, 2004.
   16    § 15. This act shall take effect immediately.
         FISCAL NOTE. -- This bill would provide  a retirement  incentive  for
       certain  members  of  the New York State and Local Employees' Retirement
       System, New York State Teachers' Retirement System, the  New  York  City
       Teachers' Retirement System, the New York City Board of Education or the
       New York City Employees' Retirement System.
         The  incentive  would  provide  one-twelfth  of  a year of additional
       retirement credit for each year of service credited as of  the  date  of
       retirement,  up to a maximum of three years. For certain members who are
       not otherwise eligible for a service retirement benefit, this bill would
       provide reductions of five percent per year that retirement occurs prior
       to previous eligibility.
         If this bill is enacted, the  additional  cost for  each  member  who
       receives  this  benefit will vary depending upon the member's age, years
       of service, plans and final average salary. We anticipate that the  per-
       member cost (at retirement) of this benefit will average between 50% and
       75%  of  a  member's  final  average  salary. This cost will be borne by
       electing employers over a five-year period commencing with a payment  in
       the State fiscal year 2003-2004.
         This estimate was prepared by the New York state division of the budg-
       et based on information provided by the New York State and Local Employ-
       ees'  Retirement  System  and  the  New  York State Teachers' Retirement
       System.
   17                                   PART N
   18    Section 1. The state comptroller is hereby authorized and directed  to
   19  loan  money in accordance with the provisions set forth in subdivision 5
   20  of section 4 of the state finance law  to  the following  funds  and/or
   21  accounts:
   22    1. Combined expendable trust fund (020):
   23    a. New York institute for cultural education account.
   24    2. Tuition reimbursement fund (050):
   25    a. Proprietary vocational school supervision account (02).
   26    3. Local government records management improvement fund (052).
   27    4. Health facilities capital improvement fund (071).
   28    5. Dedicated highway and bridge trust fund (072).
   29    6. State parks infrastructure trust fund (076).
   30    7. Clean water/clean air implementation fund (079).
   31    8. State lottery fund (160).
   32    9. Medicaid management information system escrow fund (179).

       S. 6256                           49                            A. 9758
      
	1    10. Federal USDA-food and nutrition services fund (261):
    2    a. 2001 child and adult food care grant account.
    3    b. 2002 child and adult food care grant account.
    4    c. 2001 federal food and nutrition services account.
    5    d. 2002 federal food and nutrition services account.
    6    11. Federal health and human services fund (265):
    7    a. Miscellaneous agencies (80).
    8    b. 2001 children's health insurance account (4W).
    9    c. 2002 children's health insurance account.
   10    12. Federal block grant fund (269):
   11    a. 2001 maternal and child health services block grant (N4).
   12    b. 2002 maternal and child health services block grant.
   13    c. 2001 preventive health and human services block grant (N5).
   14    d. 2002 preventive health and human services block grant.
   15    e. 2001 abstinence education grant (N8).
   16    f. 2002 abstinence education grant.
   17    g. 2001 individuals with disabilities education act-part c (54).
   18    h. 2002 individuals with disabilities education act-part c.
   19    13. Federal operating grants fund (290):
   20    a. National recreation trail act grants (07).
   21    b. State side land and water conservation act (08).
   22    c. Historic preservation grants (13).
   23    d. Division of human rights federal housing assistance (19).
   24    e. Division of military and naval affairs training sites (30).
   25    f. FTA program management account (34).
   26    g.  Division  of  military  and  naval affairs army and national guard
   27  contract (35).
   28    h.  Division  of  military  and  naval  affairs air  national   guard
   29  contract(36).
   30    i.  Division of military and naval affairs air national guard security
   31  guards (38).
   32    j. Division of military and naval affairs emergency management account
   33  (72).
   34    k. HUD - emergency shelter grants (75).
   35    l. Federal library services technology act account (90).
   36    m. Federal energy management account - state heating oil program (AE).
   37    n. HUD - HOPWA automated (AK).
   38    o. Federal McKinney homeless grant program (AY).
   39    p. National park rehab (A1).
   40    q. Encon ISTEA (A9).
   41    r. Division of veterans' affairs - veterans' education account (B5).
   42    s. FTA program management account (FT).
   43    t. Division of human rights federal equal opportunity (G1).
   44    u. National community service fund (JA).
   45    v. Rural and small urban transit aid account (L2).
   46    w. Federal housing and urban development account-local planning (L3).
   47    x. Urban mass  transportation  administration account-local  planning
   48  (L4).
   49    y.  Federal  fund  for  pipeline safety account - 1983 pipeline safety
   50  grant (L8).
   51    z. Foster care and adoption (W6).
   52    aa. Encon agriculture (Y1).
   53    bb. Encon commerce (Y2).
   54    cc. Wildlife restoration (Y3).
   55    dd. Encon EPA (Y4).
   56    ee. Interior non wildlife (Y7).

       S. 6256                           50                            A. 9758
      
	1    ff. Air pollution control (Y8).
    2    gg. Hazardous waste (Y9).
    3    hh. Army (YO).
    4    ii. Protection and advocacy for beneficiaries of social security (2I)
    5    jj. COPSMORE 98 grant (2P).
    6    kk. 2001 Safe drinking water (2X).
    7    ll. 2002 Safe drinking water.
    8    mm. 2001 State indoor radon (2Y).
    9    nn. 2002 State indoor radon.
   10    oo. 2001 Asbestos compliance monitoring (2Z).
   11    pp. 2002 Asbestos compliance monitoring.
   12    qq. 2001 pollution prevention for the health care industry.
   13    rr. 2002 pollution prevention for the health care industry.
   14    ss. 2001 hazardous air pollutants and acute asthma in urban areas.
   15    tt. 2002 hazardous air pollutants and acute asthma in urban areas.
   16    uu. 2001 summer food grant.
   17    vv. 2002 summer food grant.
   18    ww. OCA - federal grants for drug court accounts.
   19    xx. Lead based paint program account (CH).
   20    yy. Manufacturing extension partnership account.
   21    14. Federal capital projects fund (291).
   22    15. Environmental conservation special revenue fund (301):
   23    a. Hazardous bulk storage account (F7).
   24    b. Utility environmental regulation account (H4).
   25    c. Low level radioactive waste siting account (K5).
   26    d. Recreation account (K6).
   27    e. Conservationist magazine account (S4).
   28    f. Environmental regulatory account (S5).
   29    g. Mined land reclamation program account (XB).
   30    16. Environmental protection and oil spill compensation fund (303).
   31    17. Hazardous waste remedial fund (312):
   32    a. Site investigation and construction account (01).
   33    18. Mass transportation operating assistance fund (313).
   34    19. Clean air fund (314).
   35    20. Centralized services account (323).
   36    21. Suburban transportation fund (327).
   37    22. Agency enterprise fund (331):
   38    a. OGS convention center account (55).
   39    23. Agencies internal service fund (334).
   40    24. Miscellaneous special revenue fund (339):
   41    a. Adoption information registry account (01).
   42    b. Statewide planning and research cooperative system account (03).
   43    c. Energy office utility conservation activities account (06).
   44    d. New York state thruway authority account (08).
   45    e. Office of mental retardation and developmental disabilities nonper-
   46  sonal service patient income account (10).
   47    f. Empire state plaza arts center corporation account (12).
   48    g. Civic center account (14).
   49    h. Financial control board account (15).
   50    i. New York metropolitan transportation council account (17).
   51    j. Food assistance program account (19).
   52    k. Quality of care account (20).
   53    l. Continuing care retirement community account (28).
   54    m. Education museum account (31).
   55    n. Surplus commodity container account (40).
   56    o. Hospital and nursing home management account (44).

       S. 6256                           51                            A. 9758
      
	1    p. State university dormitory income reimbursable account (47).
    2    q. Energy research account (60).
    3    r. Criminal justice improvement account (62).
    4    s. New York fire academy account (72).
    5    t. Environmental laboratory reference fee account (81).
    6    u. Clinical laboratory reference fee account (90).
    7    v. Minority and women's business development account (91).
    8    w. Public employment relations board account (93).
    9    x. Radiological health protection account (95).
   10    y. Legal technology account (A1).
   11    z. Education library account (A3).
   12    aa. Teacher certification program account (A4).
   13    bb. Banking department account (A5).
   14    cc. Cable television account (A6).
   15    dd. Small business administration account (A8).
   16    ee. Hospital based grants program account (AF).
   17    ff. Indirect cost recovery account (AH).
   18    gg. High school equivalency program account (AI).
   19    hh. DOH administration account (AP).
   20    ii. Rail safety inspection account (AQ).
   21    jj. Administrative reimbursement account (AR).
   22    kk. Multi-agency training account (AY).
   23    ll. Insurance department account (B6).
   24    mm. Workers' compensation account (B7).
   25    nn. Bell jar account (BJ).
   26    oo. Industry and utility service account (BK).
   27    pp. Energy efficient rebate account (BL).
   28    qq. Auditing services refund account (BN).
   29    rr. Real property disposition account (BP).
   30    ss. Parking account (BQ).
   31    tt. Procurement revenue account (BR).
   32    uu. Asbestos safety training program account (BW).
   33    vv. Improvement of real property tax administration account (BZ).
   34    ww. Public service account (C3).
   35    xx. State central register account (CY).
   36    yy. Plant industry account (CZ).
   37    zz. Batavia school for the blind account (D9).
   38    aaa. Surplus property account (DE).
   39    bbb. Financial oversight account (DI).
   40    ccc. Medicaid fraud control account (DL).
   41    ddd. Regulation of indian gaming account (DT).
   42    eee. Special conservation activities account (DU).
   43    fff. Office of the professions account (E3).
   44    ggg. Rome school for the deaf account (E6).
   45    hhh. Seized assets account (E8).
   46    iii. Administrative adjudication account (E9).
   47    jjj. Federal salary sharing account (EC).
   48    kkk. Transportation regulation account (F1).
   49    lll. Education archives account (G1).
   50    mmm. Local services account (G3).
   51    nnn. Division of housing and community renewal housing
   52    information systems special revenue account (H1).
   53    ooo. Housing special revenue account (H2).
   54    ppp. Triplicate prescription forms account (H5).
   55    qqq. Department of motor vehicles compulsory insurance account (H7).
   56    rrr. Housing credit agency application fee account (J5).

       S. 6256                           52                            A. 9758
      
	1    sss. EPIC premium account (J6).
    2    ttt. Adult cystic fibrosis program account (L5).
    3    uuu. Federal gasoline and diesel fuel excise tax account (L6).
    4    vvv. Administrative reimbursement account (L7).
    5    www. Maternal and child HIV services account (LC).
    6    xxx. Low income housing credit monitoring fee account (NG).
    7    yyy. Procurement opportunities newsletter account (P4).
    8    zzz. Corporation administration account (P6).
    9    aaaa. Excelsior capital corporation reimbursement account (R1).
   10    bbbb. Motor fuel quality account (R4).
   11    cccc. Weights and measures account (R5).
   12    dddd. Deferred compensation administration account (R7).
   13    eeee. Batavia medicaid income account (S1).
   14    ffff. Rent revenue account (S8).
   15    gggg. Rent revenue other account (RR).
   16    hhhh. Transportation safety account (T1).
   17    iiii. Transportation aviation account (T5).
   18    jjjj. Solid waste management account (W3).
   19    kkkk. Occupational health clinics account (W4).
   20    llll. Examination and miscellaneous revenue account.
   21    mmmm. State student financial aid audit account.
   22    nnnn. Montrose veteran's home account (Q6).
   23    oooo. Child support incentive revenue account (AX).
   24    pppp. Telemarketer do not call account (F2).
   25    qqqq. Small cities community development program account.
   26    rrrr. Certificate of need account.
   27    25. State university income fund (345):
   28    a. State university general income offset account (11).
   29    26. State police and motor vehicle law enforcement fund (354):
   30    a. State police motor vehicle law enforcement account (02).
   31    27. Youth facilities improvement fund (357).
   32    28. Highway safety program fund (362).
   33    29. Drinking water program management and administration fund (366).
   34    30. New York city county clerks offset fund (368).
   35    31. Housing assistance fund (374).
   36    32. Housing program fund (376).
   37    33. Department of transportation - engineering services fund (380).
   38    34. Miscellaneous capital projects fund (387):
   39    a. Clean air capital account (08).
   40    35. Mental hygiene facilities capital improvement fund (389).
   41    36. Joint/labor management administration fund (394):
   42    a. Joint labor/management administration fund (01).
   43    37. Audit and control revolving fund (395):
   44    a. Executive direction internal audit account (04).
   45    38. Health insurance internal service fund (396).
   46    39. Correctional industries revolving fund (397).
   47    40. Correctional facilities capital improvement fund (399).
   48    §  2.  Subdivision 6 of section 4 of the state finance law, as amended
   49  by section 13 of part H of chapter 56 of the laws of 2000, is amended to
   50  read as follows:
   51    6. Notwithstanding any law to the contrary, at the beginning  of  the
   52  state  fiscal  year,  the  state  comptroller  is hereby authorized and
   53  directed to receive for deposit to  the  credit  of a  fund  and/or  an
   54  account  such  monies as are identified by the director of the budget as
   55  having been intended for such deposit to support disbursements from such
   56  fund and/or account made in pursuance of an appropriation by  law.    As

       S. 6256                            53                            A. 9758
      
	1  soon  as  practicable  upon enactment of the budget, the director of the
    2  budget shall,  but  not  less  than  three  days following  preliminary
    3  submission  to the chairs of the senate finance committee and the assem-
    4  bly  ways  and means committee, file with the state comptroller an iden-
    5  tification of specific monies to be so deposited. Any subsequent  change
    6  regarding  the  monies to be so deposited shall be filed by the director
    7  of the budget, as soon as practicable, but  not less  than  three  days
    8  following  preliminary  submission  to  the chairs of the senate finance
    9  committee and the assembly ways and means committee.
   10    All monies identified by the director of the budget to be deposited to
   11  the credit of a fund and/or account shall be consistent with the  intent
   12  of  the  budget for the then current state fiscal year as enacted by the
   13  legislature.
   14    [The provisions of this subdivision  shall  expire  on  March  thirty-
   15  first, two thousand two.]
   16    §  3. Subdivision 4 of section 40 of the state finance law, as amended
   17  by section 12 of part H of chapter 56 of the laws of 2000, is amended to
   18  read as follows:
   19    4. Every appropriation made from a fund or account to a department  or
   20  agency shall be available for the payment of prior years' liabilities in
   21  such fund or account for fringe benefits, indirect costs, and telecommu-
   22  nications  expenses  and  expenses  for  other centralized services fund
   23  programs without limit. Every appropriation shall also be available  for
   24  the payment of prior years' liabilities other than those indicated above
   25  but  only  to  the extent of one-half of one percent of the total amount
   26  appropriated to a department or agency in such fund or account.
   27    [The provisions of this subdivision shall expire  March  thirty-first,
   28  two thousand two.]
   29    §  4.  The  comptroller  is  authorized and directed to deposit to the
   30  general fund - state purposes account reimbursements from moneys  appro-
   31  priated   or  reappropriated  to  the  correctional facilities  capital
   32  improvement fund (399) by a chapter of the laws of 2002.  Reimbursements
   33  shall  be available for spending from appropriations made to the depart-
   34  ment of correctional services in  the  general  fund -  state  purposes
   35  account  by  a chapter of the laws of 2002 for costs associated with the
   36  administration and security of capital  projects and  for  other  costs
   37  which are attributable, according to a plan, to such capital projects.
   38    §  5. Section 97-rrr of the state finance law, as added by section 7-a
   39  of part A of chapter 56 of the laws of 1998, is amended by adding a  new
   40  subdivision 5 to read as follows:
   41    5.   Notwithstanding  the  provisions of section one hundred seventy-
   42  one-a of the tax law, as separately amended  by  chapters  four  hundred
   43  eighty-one  and four hundred eighty-four of the laws of nineteen hundred
   44  eighty-one, or any other provisions of law to the contrary, during  each
   45  fiscal  year  the state comptroller is hereby authorized and directed to
   46  deposit into the school tax relief fund created pursuant to this section
   47  from amounts collected pursuant to article twenty-two of the tax law the
   48  amounts necessary to meet the purposes of such fund for each fiscal year
   49  pursuant to a schedule submitted by the director of the budget.
   50    § 6. Notwithstanding any law to the contrary, and in  accordance  with
   51  section  4 of the state finance law, the comptroller, after consultation
   52  with the state university chancellor or his designee, is hereby  author-
   53  ized  and  directed  to transfer moneys, in the first instance, from the
   54  state university collection fund (344), Stony Brook hospital  collection
   55  account  (07),  Brooklyn  hospital  collection account (08) and Syracuse
   56  hospital collection account (09) to the  state university  income  fund

       S. 6256                           54                            A. 9758
      
	1  (345),  state  university  hospitals income reimbursable account (22) in
    2  the event sufficient funds are not available  in the  state  university
    3  income  fund  (345),  state  university  hospitals income  reimbursable
    4  account  (22)  to  transfer  moneys, in amounts sufficient to permit the
    5  full transfer of moneys authorized for transfer,  to the  general  debt
    6  service  fund  (311)  for  payment  of  debt service related to the SUNY
    7  hospitals. Notwithstanding any law to the contrary, the  comptroller  is
    8  also  hereby  authorized and directed, after consultation with the state
    9  university chancellor or his designee, to transfer moneys from the state
   10  university income fund (345) to the state university income fund  (345),
   11  state university hospitals income reimbursable account (22) in the event
   12  insufficient  funds  are  available  in the state university income fund
   13  (345), state university hospitals income reimbursable  account  (22)  to
   14  pay  hospital  operating  costs or to transfer moneys, in amounts suffi-
   15  cient to permit the full transfer of moneys authorized for transfer,  to
   16  the  general debt service fund (311) for payment of debt service related
   17  to the SUNY hospitals.
   18    § 7. (1) Pursuant to various chapters  of  the laws  of  2002  making
   19  appropriations for capital projects, such appropriations shall be deemed
   20  to provide all costs necessary and pertinent to accomplish the intent of
   21  the  appropriation  including apportionments to departments, agencies or
   22  corporations for the purposes  of  the  specific appropriation  or  for
   23  payment  to  the  construction  management  account of  the centralized
   24  services fund of the New York state office of general services  for  the
   25  preparation  and  review  of plans, specifications, estimates, services,
   26  construction   management   and   supervision,  inspection,    studies,
   27  appraisals,  surveys,  testing  and environmental statements relating to
   28  existing or proposed facilities.
   29    Appropriations from the capital projects fund, the city university  of
   30  New  York  capital projects fund, the mental hygiene capital improvement
   31  fund, the department of health facilities capital improvement fund,  the
   32  correctional  facilities  capital improvement fund, the youth facilities
   33  improvement fund, the housing assistance fund, the housing program fund,
   34  the engineering services fund, the dedicated highway and  bridge  trust
   35  fund,  the  suburban  transportation fund, the state park infrastructure
   36  fund, the passenger facility charge fund, the state university residence
   37  hall rehabilitation fund, the state university capital  projects  fund,
   38  the New York state canal system development fund, the financial security
   39  fund,  the  natural resources damages fund, the federal capital projects
   40  fund, the regional aviation  fund,  and  the hazardous  waste  remedial
   41  program transfer fund are appropriated in accordance with the provisions
   42  of  section  93  of the state finance law. Moneys appropriated from each
   43  such fund type for CCP's, for agency  purposes within  CCP's,  and  for
   44  projects sharing the same agency purpose within a CCP may be transferred
   45  among  projects  within  a CCP in accordance with paragraphs (a) through
   46  (g) of subdivision 4 of section 93 of the state finance law and  may  be
   47  transferred  among  purposes  within a CCP subject to the limitations of
   48  paragraph (e) of subdivision 4 of section 93 of the state finance law.
   49    Notwithstanding the provisions of any  general  or special  law,  the
   50  provisions  of paragraphs (a) through (g) of subdivision 4 of section 93
   51  of the state finance law which relate to the transfer of a portion of  a
   52  capital appropriation to another capital appropriation shall be applica-
   53  ble to appropriations from each fund.
   54    (2)  The  following funds are eligible to be reimbursed from miscella-
   55  neous receipts or the proceeds of notes or bonds sold by public authori-
   56  ties, as specified in this subdivision:

       S. 6256                           55                            A. 9758
      
	1    (a) the health facilities capital improvement fund, from the  proceeds
    2  of  the  sale  of  notes or bonds issued by the New York state dormitory
    3  authority;
    4    (b)  the  dedicated  highway and bridge trust fund, from miscellaneous
    5  receipts or the proceeds of the sale of notes or bonds issued by the New
    6  York state thruway authority;
    7    (c) the youth facilities improvement fund and the correctional facili-
    8  ties capital improvement fund, from the proceeds of the sale of notes or
    9  bonds issued by the New York state urban development corporation or  any
   10  other public authority;
   11    (d) the housing assistance fund and the housing program fund, from the
   12  proceeds  of  the  sale  of notes or bonds issued by the housing finance
   13  agency or any other public authority;
   14    (e) the mental  hygiene  capital  facilities improvement  fund,  from
   15  miscellaneous  receipts  or  the  proceeds of the sale of notes or bonds
   16  issued by the New York state dormitory authority  as successor  to  the
   17  medical  care  facilities financing agency pursuant to chapter 83 of the
   18  laws of 1995;
   19    The comptroller shall receive such reimbursements for deposit  in  the
   20  funds so specified.
   21    (3)  The  comptroller  is  hereby  authorized  and directed to deposit
   22  moneys received, as specified below:
   23    (a) the engineering services fund shall  receive reimbursements  from
   24  various capital appropriations;
   25    (b)  the  financial  security  fund  shall receive moneys recovered in
   26  accordance with various required  financial security  arrangements  for
   27  environmental projects;
   28    (c)  the natural resources damages fund shall receive moneys recovered
   29  from successful natural resource damage claims and related  settlements;
   30  and
   31    (d)  the regional aviation fund shall receive moneys from the lease of
   32  Stewart Airport, including any payments due to the state  from  related
   33  settlements or agreements.
   34    (4) The comptroller shall certify monthly to the director of the budg-
   35  et  and  the  chairs  of  the senate finance and assembly ways and means
   36  committees, the total disbursements  from  the  correctional facilities
   37  capital  improvement  fund  (399),  the  department of health facilities
   38  capital improvement fund (071), the housing assistance fund  (374),  the
   39  youth facilities improvement fund (357), the housing program fund (376),
   40  and  the  mental  hygiene  capital  improvement fund  (389),  the total
   41  reimbursements to such funds from  bond  proceeds, and  the  amount  of
   42  disbursements  from  such  funds  remaining  to  be financed  with bond
   43  proceeds. Once a year, as soon as practicable after March 31, the  comp-
   44  troller  shall  certify  to the director of the budget and the chairs of
   45  the senate finance and assembly  ways  and  means committees,  for  the
   46  fiscal year just ended, total disbursements from the correctional facil-
   47  ities  capital  improvement  fund,  the  department of health facilities
   48  capital improvement fund, the youth  facilities improvement  fund,  the
   49  housing  assistance  fund,  the  housing  program fund,  and the mental
   50  hygiene capital improvement fund any amounts transferred from the  capi-
   51  tal projects fund to such funds for nonbondable disbursements, the total
   52  reimbursements  to  such  funds  from  bond  proceeds, and the amount of
   53  disbursements from  such  funds  remaining  to  be financed  with  bond
   54  proceeds.
   55    (5)  The  dormitory authority of the state of New York and the depart-
   56  ment of health shall report quarterly to the director of the budget  the

       S. 6256                           56                            A. 9758
      
	1  amounts  expended from appropriations in the capital projects fund which
    2  are eligible for reimbursement from the proceeds of the bonds. The hous-
    3  ing finance agency in conjunction with  the affordable  housing  corpo-
    4  ration, the homeless housing assistance corporation and the commissioner
    5  of  the  office  of temporary and disability assistance, and the housing
    6  trust fund corporation shall report quarterly to the  director  of  the
    7  budget  on  the  amounts  disbursed  from appropriations in the housing
    8  program fund and the housing assistance  fund  which are  eligible  for
    9  repayment from the proceeds of the bonds. The dormitory authority of the
   10  state  of  New  York,  as successor to the facilities development corpo-
   11  ration pursuant to chapter 83 of the laws of  1995 and  the  office  of
   12  mental  health, the office of mental retardation and developmental disa-
   13  bilities, and the office of  alcoholism  and substance  abuse  services
   14  shall  report  quarterly  to  the  director of the budget on the amounts
   15  disbursed from appropriations in the mental hygiene capital  improvement
   16  fund  which  are  eligible  for  reimbursement  from the proceeds of the
   17  bonds. Such reports shall be submitted to the director of the budget  no
   18  later  than  July 30, October 31, January 30, and April 30 of each state
   19  fiscal year. The director of the budget shall review these  reports  and
   20  then  certify  to  the comptroller amounts expended from these appropri-
   21  ations which are reimbursable from bond proceeds. Until such time as the
   22  director of the budget determines that the amounts disbursed  from  such
   23  funds  are  not  reimbursable from bond proceeds, all such disbursements
   24  shall be considered to be reimbursable from bond proceeds.    Upon  such
   25  certifications  for  the  housing  assistance  fund, the housing program
   26  fund, and the mental hygiene capital improvement fund,  the  comptroller
   27  is  hereby authorized to transfer from the capital projects fund, pursu-
   28  ant to an appropriation, an amount equal to the amount of  disbursements
   29  from  these  appropriations  which  have not been certified as repayable
   30  from bond proceeds.
   31    § 8. Notwithstanding any other law, rule or regulation to the  contra-
   32  ry,  the comptroller is hereby authorized and directed to deposit to the
   33  credit of the capital projects fund reimbursement from the  proceeds  of
   34  notes  and  bonds  issued by the environmental facilities corporation or
   35  any other public authority for a capital appropriation  for  $29,960,000
   36  authorized  by chapter 55 of the laws of 1997 to the department of envi-
   37  ronmental conservation for a payment of a portion of the  state's  match
   38  for  federal  capitalization  grants  for  the  water pollution control
   39  revolving loan fund.
   40    § 9. Notwithstanding any other law, rule or regulation to the  contra-
   41  ry,  the comptroller is hereby authorized and directed to deposit to the
   42  credit of the capital projects fund, reimbursement from the proceeds  of
   43  notes  and  bonds  issued by the environmental facilities corporation or
   44  any other public authority for a capital appropriation  for  $20,241,000
   45  authorized  by chapter 55 of the laws of 1998 to the department of envi-
   46  ronmental conservation for a payment of a portion of the  state's  match
   47  for  federal  capitalization  grants  for  the water  pollution control
   48  revolving loan fund.
   49    § 10. Notwithstanding any other law, rule or regulation to the contra-
   50  ry, the comptroller is hereby authorized and directed to deposit to  the
   51  credit  of the capital projects fund, reimbursement from the proceeds of
   52  notes and bonds issued by the environmental facilities  corporation  or
   53  any  other  public authority for a capital appropriation for $22,404,000
   54  authorized by chapter 55 of the laws of 1999 to the department of  envi-
   55  ronmental conservation for payment of a portion of the state's match for
   56  federal  capitalization grants for the water pollution control revolving

       S. 6256                           57                            A. 9758
      
	1  loan fund, reimbursements for spending from various appropriations  for
    2  projects  related to the New York City Watershed, reimbursement from the
    3  proceeds of notes and  bonds  issued  by  the environmental  facilities
    4  corporation  or  any  other public authority for a capital appropriation
    5  for $22,500,000 authorized by chapter 55 of the laws  of  1999  to  the
    6  environmental  facilities corporation for payment for the jobs two thou-
    7  sand pipeline for jobs program, reimbursement from the proceeds of notes
    8  and bonds issued by the dormitory authority or any other public authori-
    9  ty of the state of New York for a capital appropriation for  $47,500,000
   10  authorized  by  chapter 55 of the laws of 1999 to the office of science,
   11  technology and academic research for payment for the jobs two  thousand
   12  capital facilities program, reimbursement from the proceeds of notes and
   13  bonds issued by the dormitory authority or any other public authority of
   14  the  state  of  New  York  for  a capital appropriation for $145,000,000
   15  authorized by chapter 53 of the laws of  1999  to the  state  education
   16  department   for  payment  of  capital  construction grants  to  school
   17  districts  pursuant  to  the  rebuilding  schools to  uphold  education
   18  program,  reimbursement  from  the proceeds of notes and bonds issued by
   19  the urban development corporation or any other public  authority  for  a
   20  capital  appropriation  for  $25,000,000 authorized by chapter 55 of the
   21  laws of 1999 to all state agencies  for  payment  of costs  related  to
   22  economic development, land acquisition, and heritage trail projects, and
   23  for  reimbursement  from  the  proceeds of notes and bonds issued by the
   24  dormitory authority or any other public authority of the  state  of  New
   25  York  for  a capital appropriation for $15,000,000 authorized by chapter
   26  53 of the laws of 1999 to the office of children and family services for
   27  payment of costs  related  to  the  child  care  facilities development
   28  program.
   29    § 11. Notwithstanding any other law, rule or regulation to the contra-
   30  ry,  the comptroller is hereby authorized and directed to deposit to the
   31  credit of the capital projects fund, reimbursement from the proceeds  of
   32  notes or bonds issued by the environmental facilities corporation or any
   33  other  public  authority  for  a  capital appropriation for $43,383,000
   34  authorized by chapter 55 of the laws of 2000 to the department of  envi-
   35  ronmental conservation for payment of a portion of the state's match for
   36  federal  capitalization grants for the water pollution control revolving
   37  loan fund, to reimburse spending from various appropriations for certain
   38  projects related to the New York City Watershed, reimbursement from  the
   39  proceeds  of notes and bonds issued by the urban development corporation
   40  or  any  other  public  authority  for  a  capital  appropriation   for
   41  $15,000,000  authorized  by  chapter 55 of the laws of 2000 to the urban
   42  development corporation for payment of costs related to a sports facili-
   43  ty in the city of Rochester, reimbursement from proceeds  of  notes  and
   44  bonds  issued  by  the  urban development corporation, the environmental
   45  facilities corporation, the dormitory  authority  or any  other  public
   46  authority  of  the  state  of  New  York for a capital appropriation for
   47  $225,000,000 authorized by chapter 55 of the laws of 2000 to  all  state
   48  agencies  for  payment  of  costs  related  to  the strategic investment
   49  program, reimbursement from the proceeds of notes and  bonds  issued  by
   50  the  dormitory  authority  or any other public authority of the state of
   51  New York for a capital appropriation for $50,000,000 authorized by chap-
   52  ter 53 of the laws of 2000 to the state education department for payment
   53  of capital construction grants  to  school districts  pursuant  to  the
   54  rebuilding  schools  to uphold education program, for reimbursement from
   55  the proceeds of notes and bonds issued by the dormitory authority or any
   56  other public authority of the state of New York for a capital  appropri-

       S. 6256                            58                           A. 9758
      
	1  ation  for  $15,000,000  authorized by chapter 53 of the laws of 2000 to
    2  the office of children and family services for payment of costs  related
    3  to  the child care facilities development program, and for reimbursement
    4  from  the  proceeds of notes and bonds issued by the dormitory authority
    5  or any other public authority of the state of New York  for  a  capital
    6  appropriation  for  $10,000,000  authorized by chapter 55 of the laws of
    7  2000 to the office of science,  technology  and academic  research  for
    8  payment  of  costs  related  to biomedical research and/or manufacturing
    9  facilities.
   10    § 12. Notwithstanding any other law, rule or regulation to the contra-
   11  ry, the comptroller is hereby authorized and directed to deposit to  the
   12  credit  of the capital projects fund, reimbursement from the proceeds of
   13  notes or bonds issued by the environmental facilities corporation or any
   14  other public authority  for  a  capital appropriation  for  $29,772,000
   15  authorized  by  a chapter of the laws of 2001 to the department of envi-
   16  ronmental conservation for payment of a portion of the state's match for
   17  federal capitalization grants for the water pollution control  revolving
   18  loan fund.
   19    § 13. Notwithstanding any other law, rule or regulation to the contra-
   20  ry,  the comptroller is hereby authorized and directed to deposit to the
   21  credit of the capital projects fund, reimbursement from the proceeds  of
   22  notes or bonds issued by the environmental facilities corporation or any
   23  other  public  authority  for  a  capital appropriation for $29,365,000
   24  authorized by a chapter of the laws of 2002 to the department  of  envi-
   25  ronmental conservation for payment of a portion of the state's match for
   26  federal  capitalization grants for the water pollution control revolving
   27  loan fund, reimbursement from the proceeds of notes and bonds issued  by
   28  the urban development corporation or any other public authority or other
   29  financing  source for a capital appropriation for $89,000,000 authorized
   30  by a chapter of the laws of 2002 to the office of general  services  for
   31  payment  of  capital  construction  costs for the Alfred E. Smith office
   32  building located in the city of Albany, reimbursement from the  proceeds
   33  of  notes  and  bonds issued by the urban development corporation or any
   34  other public authority or other financing source for a capital appropri-
   35  ation for $21,000,000 authorized by a chapter of the laws of 2002 to the
   36  office of general services for payment of capital construction costs for
   37  the Elk street parking garage building located in the city of Albany and
   38  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   39  development  corporation  or  any  other  public authority for a capital
   40  appropriation of $250,000,000 authorized by a chapter  of  the  laws  of
   41  2002  to  the  urban development corporation for economic development or
   42  high technology projects.
   43    § 14. Notwithstanding any other law, rule or regulation to the contra-
   44  ry, the state comptroller is hereby authorized and directed to  use  any
   45  balance remaining in the mental health services fund debt service appro-
   46  priation,  after  payment by the state comptroller of all obligations of
   47  the  facilities  development  corporation,  or  any successor   agency,
   48  required  pursuant to any lease, sublease or other financing arrangement
   49  between the facilities development corporation, the dormitory  authority
   50  of the state of New York as successor to the New York state medical care
   51  facilities  financing  agency and the facilities development corporation
   52  pursuant to chapter 83 of the laws of 1995 and the department of  mental
   53  hygiene for the purpose of making payments to such agency for the amount
   54  of  the  earnings  for  the investment of monies deposited in the mental
   55  health services fund that such agency determines will or may have to  be
   56  rebated  to  the  federal  government  pursuant to the provisions of the

       S. 6256                           59                            A. 9758
      
	1  internal revenue code of 1986, as amended, in order to enable such agen-
    2  cy to maintain the exemption from federal income taxation on the  inter-
    3  est  paid  to  the  holders  of such agency's mental services facilities
    4  improvement revenue bonds. On or before June 30, 2003, such agency shall
    5  certify  to  the  state  comptroller,  its determination of the amounts
    6  received in the mental health services fund as a result of  the  invest-
    7  ment  of monies deposited therein that will or may have to be rebated to
    8  the federal government pursuant to the provisions of the internal reven-
    9  ue code of 1986, as amended.
   10    § 15. (1) Notwithstanding any other law, rule, or regulation  to  the
   11  contrary,  the state comptroller shall at the commencement of each month
   12  certify to the director of the budget, the commissioner of environmental
   13  conservation, the chair of the senate finance committee, and  the  chair
   14  of  the assembly ways and means committee the amounts disbursed from all
   15  appropriations for hazardous waste site  remediation disbursements  for
   16  the month preceding such certification.
   17    (2)  Notwithstanding any law to the contrary, prior to the issuance by
   18  the comptroller of bonds authorized pursuant to subdivision a of section
   19  4 of the environmental quality bond act of nineteen hundred  eighty-six,
   20  as  enacted  by  chapter 511 of the laws of 1986, disbursements from all
   21  appropriations for that purpose shall first be reimbursed  from  moneys
   22  credited  to  the  hazardous waste remedial fund, site investigation and
   23  construction account,  to  the  extent  moneys  are available  in  such
   24  account.  For  purposes of determining moneys available in such account,
   25  the commissioner of environmental  conservation shall  certify  to  the
   26  comptroller  the  amounts  required  for administration of the hazardous
   27  waste remedial program.
   28    (3) The comptroller is hereby authorized and directed to transfer  any
   29  balance above the amounts certified by the commissioner of environmental
   30  conservation  to  reimburse disbursements pursuant to all appropriations
   31  from such site investigation and construction account, provided,  howev-
   32  er,  that  if  such  transfers  are  determined by the comptroller to be
   33  insufficient to assure that interest paid  to holders  of  state  obli-
   34  gations  issued  for  hazardous  waste purposes pursuant to the environ-
   35  mental quality bond act of nineteen hundred eighty-six,  as  enacted  by
   36  chapter 511 of the laws of 1986, is exempt from federal income taxation,
   37  the  comptroller is hereby authorized and directed to transfer from such
   38  site investigation and construction account to  the general  fund,  the
   39  amount  necessary  to  redeem bonds in an amount necessary to assure the
   40  continuation of such tax exempt status. Prior to the making of any  such
   41  transfers,  the  comptroller  shall notify the director of the budget of
   42  the amount of such transfers.
   43    § 16. Section 66-b of the state finance law is amended by adding a new
   44  subdivision 4 to read as follows:
   45    4. The maximum amount of  certificates  of  participation  or  similar
   46  instruments representing  periodic  payments  due from the state of New
   47  York, issued on behalf of  state  departments  and  agencies,  the  city
   48  university  of  New York and any other state entity otherwise specified
   49  after March thirty-first, two thousand two shall be two  hundred  forty-
   50  four  million dollars. Such amount shall be exclusive of certificates of
   51  participation or similar instruments issued to fund a  reserve  fund  or
   52  funds,  costs  of issuance  and  to  refund outstanding certificates of
   53  participation.
   54    § 17. Pursuant to article 5-A of the  state finance  law,  the  total
   55  amount of certificates of participation to be issued in the state fiscal
   56  year beginning April 1, 2002, to finance and, where appropriate to refi-

       S. 6256                            60                           A. 9758
      
	1  nance,  personal  property  purposes  including the cost of issuance and
    2  related costs, shall not exceed $202,980,000 for installment  purchases
    3  and/or  lease  purchases of all state departments and agencies, units of
    4  the  state  university  of New York and city university of New York, and
    5  the unified court system.
    6    § 18. Pursuant to article 5-A of the  state finance  law,  the  total
    7  amount of certificates of participation to be issued in the state fiscal
    8  year beginning April 1, 2002, to finance and, where appropriate to refi-
    9  nance,  personal  property  purposes  including the cost of issuance and
   10  related costs, shall not exceed $40,800,000  for installment  purchases
   11  and/or  lease  purchases  of the office of children and family services,
   12  the department of labor, the office of temporary and disability  assist-
   13  ance, and the department of health.
   14    § 19. Subdivision 1 of section 16 of part D of chapter 389 of the laws
   15  of  1997,  relating  to  the  financing  of  the correctional facilities
   16  improvement fund and the youth facility improvement fund, as amended  by
   17  section  30  of  part H of chapter 56 of the laws of 2000, is amended to
   18  read as follows:
   19    1. Notwithstanding the provisions of section 18 of chapter 174 of  the
   20  laws of 1968, the New York state urban development corporation is hereby
   21  authorized  to  issue bonds, notes and other obligations in an aggregate
   22  principal amount not to exceed [four billion five hundred fifty  million
   23  six hundred ninety-three thousand dollars ($4,550,693,000)] four billion
   24  nine  hundred seventy-four  million  six  hundred ninety-three thousand
   25  dollars ($4,974,693,000), and shall include all bonds, notes  and  other
   26  obligations  issued  pursuant  to  chapter  56  of the laws of 1983, as
   27  amended or supplemented. The proceeds of  such bonds,  notes  or  other
   28  obligations  shall be paid to the state, for deposit in the correctional
   29  facilities capital improvement fund to pay for all or any portion of the
   30  amount or amounts paid by the state from appropriations  or  reappropri-
   31  ations  made to the department of correctional services from the correc-
   32  tional facilities capital improvement fund  for capital  projects.  The
   33  aggregate  amount  of bonds, notes or other obligations authorized to be
   34  issued pursuant to this section shall  exclude bonds,  notes  or  other
   35  obligations  issued  to  refund or otherwise repay bonds, notes or other
   36  obligations theretofore issued, the proceeds of which were paid  to  the
   37  state  for  all  or  a portion of the amounts expended by the state from
   38  appropriations or reappropriations made to the department of correction-
   39  al services; provided, however, that upon any such refunding  or  repay-
   40  ment the total aggregate principal amount of outstanding bonds, notes or
   41  other  obligations  may be greater than [four billion five hundred fifty
   42  million six hundred ninety-three thousand dollars ($4,550,693,000)] four
   43  billion nine hundred seventy-four million six hundred ninety-three thou-
   44  sand dollars ($4,974,693,000), only if the present value of  the  aggre-
   45  gate  debt  service  of the refunding or repayment bonds, notes or other
   46  obligations to be issued shall not  exceed  the present  value  of  the
   47  aggregate debt service of the bonds, notes or other obligations so to be
   48  refunded  or  repaid.  For the purposes hereof, the present value of the
   49  aggregate debt service of the refunding or repayment  bonds,  notes  or
   50  other  obligations and of the aggregate debt service of the bonds, notes
   51  or other obligations so refunded  or  repaid,  shall be  calculated  by
   52  utilizing  the  effective  interest  rate  of the refunding or repayment
   53  bonds, notes or other obligations, which shall be that rate  arrived  at
   54  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
   55  necessary to discount the debt service  payments  on the  refunding  or
   56  repayment bonds, notes or other obligations from the payment dates ther-

       S. 6256                           61                            A. 9758
      
	1  eof  to  the date of issue of the refunding or repayment bonds, notes or
    2  other obligations and to  the  price  bid  including estimated  accrued
    3  interest  or  proceeds  received  by the corporation including estimated
    4  accrued interest from the sale thereof.
    5    §  20.  Paragraph  (a) of subdivision 2 of section 47-e of the private
    6  housing finance law, as amended by section 39 of part H of chapter 56 of
    7  the laws of 2000, is amended to read as follows:
    8    (a) In order  to  enhance  and  encourage  the promotion  of  housing
    9  programs  and thereby achieve the stated purposes and objectives of such
   10  housing programs, the agency shall have the power and is hereby  author-
   11  ized  from  time  to  time to issue negotiable housing program bonds and
   12  notes in such principal amount as shall be necessary to  provide  suffi-
   13  cient  funds  for the repayment of amounts disbursed (and not previously
   14  reimbursed) pursuant to a chapter of the laws of two thousand two or any
   15  prior year making capital appropriations  or  reappropriations  for  the
   16  purposes  of the housing program, provided, however, that the agency may
   17  issue such bonds and notes in an aggregate principal amount not  exceed-
   18  ing  one  billion  [two] three hundred [thirty-five] eighty-five million
   19  dollars, plus a principal amount  of  bonds  issued to  fund  the  debt
   20  service  reserve  fund  in accordance with the debt service reserve fund
   21  requirement established by the agency and to  fund any  other  reserves
   22  that  the agency reasonably deems necessary for the security or marketa-
   23  bility of such bonds and to provide for the payment of  fees  and  other
   24  charges  and  expenses,  including  underwriters' discount, trustee and
   25  rating agency fees, bond insurance,  credit enhancement  and  liquidity
   26  enhancement  related to the issuance of such bonds and notes. No reserve
   27  fund securing the housing program bonds shall be entitled or eligible to
   28  receive state funds apportioned or appropriated to maintain  or  restore
   29  such  reserve  fund at or to a particular level, except to the extent of
   30  any deficiency resulting directly or indirectly from a  failure  of  the
   31  state to appropriate or pay the agreed amount under any of the contracts
   32  provided for in subdivision four of this section.
   33    §  21.  Paragraph  (a) of subdivision 5 of section 47-e of the private
   34  housing finance law, as amended by section 40 of part H of chapter 56 of
   35  the laws of 2000, is amended to read as follows:
   36    (a) Upon the issuance of housing program bonds or notes,  the  agency
   37  shall  apply  such amount of the proceeds thereof as shall be designated
   38  and specified in the bond or note resolution or resolutions  authorizing
   39  the  issuance  of  such  bonds  or  notes  to  the specific funds and/or
   40  accounts of one or more housing programs. The bond resolution or  resol-
   41  utions  authorizing the issuance of such bonds or notes shall only allo-
   42  cate net proceeds of bonds or notes to a particular fund or account of a
   43  housing program if the legislature has authorized in a  chapter  of  the
   44  laws  of  two thousand  two or any prior year an advance to such fund or
   45  account and the amount of such bond or note  proceeds so  allocated  to
   46  such  fund or account shall not exceed the total amount so authorized to
   47  be advanced.  Such proceeds shall be disbursed to such a fund or account
   48  in accordance with such allocation only for application to the repayment
   49  of advances previously or thereupon made and not previously repaid. Such
   50  proceeds may not be transferred from an entity authorized to  administer
   51  a  housing  program to the state or a fund of the state except in repay-
   52  ment of such advances. Except in the case of refunding  bonds  or  notes
   53  authorized  hereunder,  any  net  proceeds not so allocated or disbursed
   54  shall be utilized first to pay debt service on the applicable  bonds  or
   55  notes  in  the  current  or the succeeding fiscal year and second to the
   56  redemption of such bonds, provided that such application may be adjusted

       S. 6256                           62                            A. 9758
      
	1  to comply with applicable federal law as to federal tax  exemption.  For
    2  purposes of this paragraph, earnings from the investment of net proceeds
    3  shall be treated as net proceeds.
    4    §  22. Section 17 of part D of chapter 389 of the laws of 1997, relat-
    5  ing to the financing of the correctional facilities improvement fund and
    6  the youth facility improvement fund, as amended by section 41 of part  H
    7  of chapter 56 of the laws of 2000, is amended to read as follows:
    8    § 17. Youth facilities bond program. 1. Notwithstanding the provisions
    9  of  section  18  of  chapter 174 of the laws of 1968, the New York state
   10  urban development corporation is hereby authorized to issue bonds, notes
   11  and other obligations in an aggregate principal amount  not  to  exceed
   12  [three  hundred twenty-eight  million  five  hundred  fifteen  thousand
   13  dollars ($328,515,000)] three hundred thirty-nine million seven hundred
   14  sixty-four  thousand   dollars   ($339,764,000),   which  authorization
   15  increases the aggregate principal amount of bonds, notes and other obli-
   16  gations authorized by section 40 of chapter 309 of the laws of 1996, and
   17  shall include all bonds, notes and other obligations issued pursuant  to
   18  chapter  211  of  the  laws  of  1990,  as  amended or supplemented. The
   19  proceeds of such bonds, notes or other obligations shall be paid to  the
   20  state,  for deposit in the youth facilities improvement fund, to pay for
   21  all or any portion of the amount or  amounts  paid by  the  state  from
   22  appropriations  or  reappropriations  made to the office of children and
   23  family services from the youth facilities improvement fund  for  capital
   24  projects.  The  aggregate  amount  of bonds, notes and other obligations
   25  authorized to be issued pursuant to this section shall  exclude  bonds,
   26  notes  or  other  obligations issued to refund or otherwise repay bonds,
   27  notes or other obligations theretofore issued,  the proceeds  of  which
   28  were  paid  to the state for all or a portion of the amounts expended by
   29  the state from appropriations or reappropriations made to the office  of
   30  children  and  family  services;  provided,  however, that upon any such
   31  refunding or repayment the total aggregate principal amount of outstand-
   32  ing bonds, notes or other obligations may be greater than [three hundred
   33  twenty-eight  million   five   hundred   fifteen    thousand    dollars
   34  ($328,515,000)] three  hundred thirty-nine million seven hundred sixty-
   35  four thousand dollars ($339,764,000), only if the present value  of  the
   36  aggregate  debt  service  of  the refunding or repayment bonds, notes or
   37  other obligations to be issued shall not exceed the present value of the
   38  aggregate debt service of the bonds, notes or other obligations so to be
   39  refunded or repaid. For the purposes hereof, the present  value  of  the
   40  aggregate  debt  service  of  the refunding or repayment bonds, notes or
   41  other obligations and of the aggregate debt service of the bonds,  notes
   42  or  other  obligations  so  refunded  or  repaid, shall be calculated by
   43  utilizing the effective interest rate  of  the refunding  or  repayment
   44  bonds,  notes  or other obligations, which shall be that rate arrived at
   45  by doubling the semi-annual  interest  rate (compounded  semi-annually)
   46  necessary  to  discount  the  debt  service payments on the refunding or
   47  repayment bonds, notes or other obligations from the payment dates ther-
   48  eof to the date of issue of the refunding or repayment bonds,  notes  or
   49  other  obligations  and  to  the  price  bid including estimated accrued
   50  interest or proceeds received by  the  corporation including  estimated
   51  accrued interest from the sale thereof.
   52    2.  For purposes of this section, the following provisions shall apply
   53  to powers in connection with financing and refinancing of  the  design,
   54  acquisition,  construction,  reconstruction, rehabilitation and improve-
   55  ment of facilities for the office of children and family services by the
   56  New York state urban development corporation.

       S. 6256                           63                            A. 9758
      
	1    (a) The New York state office of general services shall be responsible
    2  for the undertaking of  studies,  planning,  site acquisition,  design,
    3  construction, reconstruction, renovation and development of youth facil-
    4  ities,  including the making of any purchases therefor, on behalf of the
    5  New York state office of children and family services.
    6    (b)  Notwithstanding  the  provisions of any general or special law to
    7  the contrary, and subject to the making of annual appropriations  there-
    8  for  by  the  legislature,  in  order to assist the New York state urban
    9  development corporation in the financing and refinancing of the  design,
   10  acquisition,  construction,  reconstruction, rehabilitation and improve-
   11  ment of facilities for the office of children and family  services,  the
   12  director  of  the budget is authorized in any state fiscal year to enter
   13  into one or more service contracts, none of which shall  exceed  thirty
   14  years  in  duration,  with  the  New York state urban development corpo-
   15  ration, upon such terms as the director of the budget and the  New  York
   16  state urban development corporation agree;
   17    (c)  Any  service  contract  entered into pursuant to paragraph (a) of
   18  this subdivision or any payments made or to be made thereunder  may  be
   19  assigned and pledged by the New York state urban development corporation
   20  as security for its bonds and notes;
   21    (d) Any such service contract shall provide that the obligation of the
   22  director  of  the  budget  or of the state to fund or to pay the amounts
   23  therein provided for shall not constitute a debt of the state within the
   24  meaning of any constitutional or statutory provision in  the  event  the
   25  New  York state urban development corporation assigns or pledges service
   26  contract payments as security for its bonds or notes and shall be deemed
   27  executory only to the extent moneys are available and that no  liability
   28  shall  be  incurred  by  the  state  beyond the moneys available for the
   29  purpose, and that such obligation is subject to annual appropriation  by
   30  the legislature;
   31    (e) Any service contract or contracts for projects entered into pursu-
   32  ant  to  this subdivision shall provide for state commitments to provide
   33  annually to the New York state urban development corporation  a  sum  or
   34  sums,  upon  such terms and conditions as shall be deemed appropriate by
   35  the director of the budget,  to  fund,  or  to  fund the  debt  service
   36  requirements  of, any bonds or notes, including bonds issued to fund any
   37  required debt service reserve requirement for bonds, of  the  New  York
   38  state  urban development corporation issued to pay to the state all or a
   39  portion of the amounts expended by  the  state  from appropriations  or
   40  reappropriations  made to the office of children and family services for
   41  capital projects.
   42    3. (a) The provisions of section 17 of the public officers  law  shall
   43  apply to directors, officers, employees and agents of the New York state
   44  urban  development  corporation  in  connection with any and all claims,
   45  demands, suits, actions or proceedings which  may be  made  or  brought
   46  against  any  of  them arising out of any determinations made or actions
   47  taken or omitted to be taken in compliance with any obligations under or
   48  pursuant to the terms of this section. The provisions of  this  subdivi-
   49  sion  shall be in addition to and shall not supplant any indemnification
   50  or other benefits heretofore  or  hereafter conferred  upon  directors,
   51  officers  and employees of the corporation by subdivision 3-a of section
   52  4 of chapter 174 of the laws of 1968,  as  amended by  action  of  such
   53  corporation, or otherwise.
   54    (b)  The  state shall and hereby agrees to and does indemnify and save
   55  harmless the New York  state  urban  development corporation  from  and
   56  against  any  and  all  liability, loss, damage, interest, judgments and

       S. 6256                            64                           A. 9758
      
	1  liens, and any and all costs and expenses (including,  but  not  limited
    2  to,  counsel  fees  and  disbursements)  arising out  of or incurred in
    3  connection  with  any  and  all  claims,  demands,  suits, actions   or
    4  proceedings  which  may  be made or brought against such corporation (1)
    5  arising out of any determinations made or actions taken or omitted to be
    6  taken or compliance with any obligations under or pursuant to the  terms
    7  of  this act, or (2) for or in relation to any injuries, including death
    8  at any time resulting therefrom, sustained by a person or persons, or on
    9  account of damage to or loss of property, through theft or otherwise, to
   10  the extent the same arises out of  or  in consequence  of  the  design,
   11  acquisition,  construction,  reconstruction, rehabilitation and improve-
   12  ment of facilities for the  office  of  children and  family  services,
   13  including  the  furnishing  and equipping thereof, but in each such case
   14  only to the extent that such corporation is  not otherwise  compensated
   15  therefor by insurance.
   16    § 23. Subdivision 2 of section 219-a of the judiciary law, as added by
   17  chapter 613 of the laws of 1999, is amended to read as follows:
   18    2.  The  chief administrator of the courts may enter into an agreement
   19  jointly with the dormitory authority and with any other  person,  firm,
   20  association, corporation or agency pursuant to which facilities for such
   21  institute  shall  be  constructed  or  otherwise provided and thereafter
   22  maintained. The maximum amount of bonds that  may  be  issued  for  such
   23  institute  is sixteen million one hundred five thousand dollars, exclu-
   24  sive of bonds issued to fund any reserve fund or  funds,  pay  costs  of
   25  issuance  and refund  bonds.  Expenses  of  the unified court system in
   26  relation to this agreement shall be paid out of funds appropriated  from
   27  the  court  facilities  incentive  aid  fund  to  the judiciary for that
   28  purpose.
   29    § 24. Paragraph e of subdivision 27 of  section 1680  of  the  public
   30  authorities law, as added by chapter 202 of the laws of 1990, is amended
   31  to read as follows:
   32    e.  The  dormitory  authority  shall  not  issue obligations  for the
   33  provision of a facility for the education department unless  a  certif-
   34  icate  of  availability  has been approved by the director of the budget
   35  and an appropriation for such facility has been enacted.    Except  for
   36  notes  or  bonds issued  to refund outstanding bonds, no notes or bonds
   37  shall be issued for the purposes authorized by  this  subdivision  after
   38  the thirty-first day of March, nineteen hundred ninety-nine.
   39    §  25.  Subdivision 1 of section 1290 of the public authorities law is
   40  amended by adding a new paragraph (e) to read as follows:
   41    (e) Notwithstanding any other law to  the  contrary,  the  corporation
   42  shall  not issue any notes or bonds on behalf of any state department or
   43  agency to fund the removal, disposal and remediation of petroleum  stor-
   44  age  tanks  and the remediation of the sites thereof or on behalf of the
   45  office of mental health to finance the pilgrim  state  sewage  treatment
   46  project,  after  the thirty-first day of March, nineteen hundred ninety-
   47  six.   This limitation shall not apply to  bonds  and  notes  issued  to
   48  refund bonds issued for such purposes.
   49    §  26.  Subdivision 2 of section 1680 of the public authorities law is
   50  amended by adding a new paragraph j to read as follows:
   51    j. The maximum amount of bonds and notes  to  be  issued  after  March
   52  thirty-first,  two thousand  two  for  a  housing  unit  for the use of
   53  students at  a state-operated  institution  or  statutory  or  contract
   54  college under the jurisdiction of the state university of New York shall
   55  be  four hundred five million dollars. Such amount shall be exclusive of
   56  bonds and notes issued to fund any reserve fund or funds, costs of issu-

       S. 6256                           65                            A. 9758
      
	1  ance, and to refund any outstanding bonds and notes relating to a  hous-
    2  ing unit under the jurisdiction of the state university of New York.
    3    §  27. Section 1680 of the public authorities law is amended by adding
    4  a new subdivision 10-a to read as follows:
    5    10-a. Notwithstanding any other provision of the law to the  contrary,
    6  the  maximum  amount of bonds and notes to be issued after March thirty-
    7  first, two thousand two, on behalf of the  state,  in  relation  to  any
    8  locally  sponsored community college, shall be one hundred seventy-five
    9  million dollars. Such amount shall  be  exclusive  of  bonds  and  notes
   10  issued  to  fund any  reserve  fund  or funds, costs of issuance and to
   11  refund any outstanding bonds and notes, issued on behalf of  the  state,
   12  relating to a locally sponsored community college.
   13    § 28. Subdivision 2-b of section 376 of the public authorities law, as
   14  amended  by  chapter  55  of  the  laws  of  1992, is amended to read as
   15  follows:
   16    2-b. From time to time to enter into agreements with the  commissioner
   17  of  transportation  to  finance the capital costs of projects authorized
   18  pursuant to section eighty-eight-b of the  state finance  law,  and  to
   19  issue  bonds  and  notes  for  capital projects approved by metropolitan
   20  planning organizations or transportation coordinating committees  pursu-
   21  ant to the provisions of such section eighty-eight-b. All the provisions
   22  of  this  title  relating  to bonds and notes which are not inconsistent
   23  with the provisions of this section shall apply to the bonds  and  notes
   24  authorized  by  this section.  No bonds or notes shall be issued for the
   25  purposes authorized by this subdivision after the  thirty-first  day  of
   26  March, two thousand.
   27    §  29.  Chapter  152  of the laws of 1964, relating to authorizing the
   28  commissioner of general services to contract on behalf of the state with
   29  counties in the state of New York for the construction of buildings  and
   30  other  public  improvements in such counties, is amended by adding a new
   31  section 8-a to read as follows:
   32    § 8-a. The state commissioner of general services shall not enter into
   33  a contract with any county in the state as authorized by  this  chapter,
   34  after the thirty-first day of March, two thousand.
   35    §  30.  Section 97-rrr of the state finance law, as amended by section
   36  45 of part H of chapter 56 of the laws of 2000, is amended  to  read  as
   37  follows:
   38    § 97-rrr. Debt reduction reserve fund.  1. There is hereby established
   39  in the joint custody of the comptroller and the commissioner of taxation
   40  and finance a fund to be known as the debt reduction reserve fund.  Such
   41  fund  shall  be  established  as a [capital projects] debt service fund.
   42  Notwithstanding subdivision four of section seventy-two of this chapter,
   43  any balance of moneys in the debt reduction reserve fund shall remain in
   44  such fund to be available for the purposes enumerated in this section.
   45    2. Such fund shall consist of all monies credited or transferred ther-
   46  eto from the general fund or from any other fund or sources pursuant  to
   47  law.
   48    3. The monies in such fund, following appropriation by the legislature
   49  and allocation by the director of the budget, shall be available for the
   50  following purposes:
   51    (a)  for  the  payment of principal, interest, and related expenses on
   52  general obligation bonds, lease purchase payments, or special contractu-
   53  al obligation payments, or for the purposes  of retiring  or  defeasing
   54  bonds previously issued, including any accrued interest thereon, for any
   55  state-supported bonding program or programs, and;

       S. 6256                           66                            A. 9758
      
	1    (b)  for  the  funding of capital projects, equipment acquisitions, or
    2  similar expenses which have  been  authorized  by law  to  be  financed
    3  through the issuance of bonds, notes, or other obligations.
    4    § 31. (a) Notwithstanding the provisions of section 18 of the New York
    5  state  urban  development  corporation act, the urban development corpo-
    6  ration is hereby authorized to issue bonds  or notes  in  one  or  more
    7  series  in  an  aggregate  principal  amount  not to exceed $89,000,000,
    8  excluding bonds issued to fund one or more debt service  reserve  funds,
    9  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
   10  refund or otherwise repay such bonds or notes previously issued, for the
   11  purpose of financing the Alfred E. Smith office building located in  the
   12  city  of  Albany,  including the reimbursement of any disbursements made
   13  from the state capital projects fund. Such bonds and notes of the corpo-
   14  ration shall not be a debt of the state, and  the  state shall  not  be
   15  liable  thereon,  nor  shall they be payable out of any funds other than
   16  those appropriated by the state to the corporation for debt service  and
   17  related  expenses pursuant to any service contracts executed pursuant to
   18  subdivision (b) of this section and such bonds and notes  shall  contain
   19  on  the  face of thereof a statement to such effect. Except for purposes
   20  of complying with the internal revenue code, any interest income  earned
   21  on bond proceeds shall only be used to pay debt service on such bonds.
   22    (b) Notwithstanding any provisions of law to the contrary, in order to
   23  assist  the  corporation in undertaking the administration and financing
   24  of the project authorized pursuant to subdivision (a) of  this  section,
   25  the  director  of  the  budget is hereby authorized to enter into one or
   26  more service contracts with the corporation, none of which shall  exceed
   27  more  than  twenty  years in duration, upon such terms and conditions as
   28  the director of the budget and the corporation agree, so as to  annually
   29  provide  to  the  corporation  in the aggregate, a sum not to exceed the
   30  annual debt service payments and related expenses required for the bonds
   31  and notes issued pursuant to this section. Any service contract  entered
   32  into  pursuant  to this subdivision shall provide that the obligation of
   33  the state to pay the amount therein provided shall not constitute a debt
   34  of the state within the  meaning  of  any constitutional  or  statutory
   35  provision  and  shall  be  deemed executory only to the extent of monies
   36  available and that no liability shall be incurred by the  state  beyond
   37  the  monies available for such purposes, subject to annual appropriation
   38  by the legislature. Any such contract or any payments made or to be made
   39  thereunder may be assigned and pledged by the corporation  as  security
   40  for its bonds and notes, as authorized by this section.
   41    § 32. (a) Notwithstanding the provisions of section 18 of the New York
   42  state  urban  development  corporation act, the urban development corpo-
   43  ration is hereby authorized to issue bonds  or notes  in  one  or  more
   44  series  in  an  aggregate  principal  amount  not to exceed $21,000,000,
   45  excluding bonds issued to fund one or more debt service  reserve  funds,
   46  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
   47  refund or otherwise repay such bonds or notes previously issued, for the
   48  purpose of financing the Elk street parking garage building  located  in
   49  the  city  of  Albany,  including the reimbursement of any disbursements
   50  made from the state capital projects fund. Such bonds and notes  of  the
   51  corporation shall not be a debt of the state, and the state shall not be
   52  liable  thereon,  nor  shall they be payable out of any funds other than
   53  those appropriated by the state to the corporation for debt service  and
   54  related  expenses pursuant to any service contracts executed pursuant to
   55  subdivision (b) of this section and such bonds and notes  shall  contain
   56  on  the  face thereof a statement to such effect. Except for purposes of

       S. 6256                           67                            A. 9758
      
	1  complying with the internal revenue code, any interest income earned  on
    2  bond proceeds shall only be used to pay debt service on such bonds.
    3    (b) Notwithstanding any provisions of law to the contrary, in order to
    4  assist  the  corporation in undertaking the administration and financing
    5  of the project authorized pursuant to subdivision (a) of  this  section,
    6  the  director  of  the  budget is hereby authorized to enter into one or
    7  more service contracts with the corporation, none of which shall  exceed
    8  more  than  twenty  years in duration, upon such terms and conditions as
    9  the director of the budget and the corporation agree, so as to  annually
   10  provide  to  the  corporation  in the aggregate, a sum not to exceed the
   11  annual debt service payments and related expenses required for the bonds
   12  and notes issued pursuant to this section. Any service contract  entered
   13  into  pursuant  to this subdivision shall provide that the obligation of
   14  the state to pay the amount therein provided shall not constitute a debt
   15  of the state within the  meaning  of  any  constitutional or  statutory
   16  provision  and  shall  be  deemed executory only to the extent of monies
   17  available and that no liability shall be incurred by the  state  beyond
   18  the  monies available for such purposes, subject to annual appropriation
   19  by the legislature. Any such contract or any payments made or to be made
   20  thereunder may be assigned and pledged by the corporation  as  security
   21  for its bonds and notes, as authorized by this section.
   22    §  33.  Paragraphs a and b of subdivision 4 of section 57 of the state
   23  finance law, paragraph a as amended by chapter 219 of the laws  of  1999
   24  and paragraph b as amended by section 21 of part F of chapter 405 of the
   25  laws of 1999, are amended to read as follows:
   26    a.  Such  bonds  shall  be  sold  at par, at par plus a premium not to
   27  exceed five percent in the case of refunding bonds or five-tenths of one
   28  percent in the case of all other bonds, or at a discount to  the  bidder
   29  offering  the  lowest  interest cost to the state, taking into consider-
   30  ation any premium or discount and, in the case of refunding  bonds,  the
   31  bona  fide  initial  public  offering price, not less than four nor more
   32  than fifteen days, Sundays excepted, after a notice of  such  sale  has
   33  been  published  at  least once in a definitive trade publication of the
   34  municipal bond industry published on each business day in the  state  of
   35  New  York  which is generally available to participants in the municipal
   36  bond industry, which notice shall state the terms of  the  sale.    The
   37  comptroller  may  not change the terms of the sale unless notice of such
   38  change is sent via a definitive trade wire service of the municipal bond
   39  industry which, in general, makes available information regarding activ-
   40  ity and sales of municipal bonds and is generally available  to  partic-
   41  ipants  in  the  municipal  bond industry, at least one day prior to the
   42  date of the sale as set forth in the original notice  of  sale.  In  so
   43  changing  the  terms  or  conditions  of a sale the comptroller may send
   44  notice by such wire service that the sale will be delayed by up to thir-
   45  ty days, provided that wire notice of the new sale date will be given at
   46  least one business day prior to the new time when bids will be accepted.
   47  In such event, no new notice of sale shall be required to be  published.
   48  Notwithstanding  the provisions of section one hundred five of the state
   49  technology law or any other law,  if  the  notice  of  sale  contains  a
   50  provision  that  bids will only be accepted electronically in the manner
   51  provided in such notice of sale, the comptroller shall not  be  required
   52  to  accept non-electronic bids in any form. Advertisements shall contain
   53  a provision to the effect that the state comptroller, in his discretion,
   54  may reject any or all bids made in pursuance of such advertisements, and
   55  in the event of such rejection, the state comptroller is  authorized  to
   56  negotiate  a private sale or readvertise for bids in the form and manner

       S. 6256                            68                            A. 9758
      
	1  above described as many times as, in his judgment, may be  necessary  to
    2  effect  a satisfactory sale. Notwithstanding the foregoing provisions of
    3  this paragraph, whenever in the judgment of the comptroller  the  inter-
    4  ests  of  the  state  will be served thereby, he may sell state bonds at
    5  private sale at par, at par plus a premium not to exceed five percent in
    6  the case of refunding bonds or five-tenths of one percent in the case of
    7  all other bonds, or at a  discount.  The comptroller  shall  promulgate
    8  regulations  governing  the  terms  and  conditions of any such private
    9  sales, which regulations shall include a provision that he  give  notice
   10  to  the governor, the temporary president of the senate, and the speaker
   11  of the assembly, of his intention to conduct a private  sale  of  obli-
   12  gations  pursuant  to this section not less than five days prior to such
   13  sale or the execution of any binding agreement to effect such sale.
   14    b. Notwithstanding paragraph a of this subdivision,  whenever  in  the
   15  judgment  of  the  comptroller the interests of the state will be served
   16  thereby, such bonds may be sold at public or private sale in  accordance
   17  with  the  procedures set forth in paragraph a of this subdivision, with
   18  interest rates that vary in accordance with a formula or  procedure  set
   19  forth  or  referred  to in the bonds and may provide the holders thereof
   20  with such rights to require the state or other persons  to  purchase  or
   21  redeem  such  bonds  or renewals thereof from the proceeds of the resale
   22  thereof or otherwise from time to time prior to the final  maturity  of
   23  such bonds as the comptroller may determine and the state may resell, at
   24  any time prior to final maturity, any such bonds acquired as a result of
   25  the  exercise of such rights[, provided, however, that as of the initial
   26  date of each issuance of such bonds with interest rates  that  vary  the
   27  total  principal amount of bonds then outstanding pursuant to this para-
   28  graph and paragraph (b) of subdivision four of section sixty  shall  not
   29  exceed  twenty percent  of the total principal amount of all bonds then
   30  outstanding which carry  the  full  faith  and  credit  of  the  state.
   31  Notwithstanding  the foregoing, the]. The holders of bonds sold pursuant
   32  to this paragraph [shall not] may be provided with the right to  require
   33  the  state to repurchase or redeem the bonds prior to the final maturity
   34  thereof [unless] if the state has entered into one  or  more  letter  of
   35  credit  agreements  or  other liquidity facility agreements entered into
   36  for the express purposes of such sale and which shall require  a  finan-
   37  cially  responsible  party  or  parties  to the agreement or agreements,
   38  [other than] which may be the state, to purchase or redeem  all  or  any
   39  portion  of such bonds tendered by the holders thereof for repurchase or
   40  redemption prior to the final maturity of such bonds.  Such  requirement
   41  to  purchase or redeem bonds shall continue until such time as the right
   42  of the holders of such bonds to require repurchase or redemption of such
   43  bonds prior to the final maturity thereof  shall cease.  A  financially
   44  responsible party or parties, for purposes of this paragraph, shall mean
   45  a person or persons determined by the comptroller to have sufficient net
   46  worth and liquidity to purchase and pay for on a timely basis all of the
   47  bonds  which may be tendered for repurchase or redemption by the holders
   48  thereof.
   49    § 34. Paragraphs (a) and (b) of subdivision 4 of section  60  of  the
   50  state  finance  law, paragraph (a) as amended by chapter 219 of the laws
   51  of 1999 and paragraph (b) as amended by section 22 of part F of  chapter
   52  405 of the laws of 1999, are amended to read as follows:
   53    (a)  Such  bonds  shall  be  sold at par, at par plus a premium not to
   54  exceed five percent in the case of refunding bonds or five-tenths of one
   55  percent in the case of all other bonds, or at a discount to  the  bidder
   56  offering  the  lowest  interest cost to the state, taking into consider-

       S. 6256                           69                            A. 9758
      
	1  ation any premium or discount and, in the case of refunding  bonds,  the
    2  bona  fide  initial  public  offering price, not less than four nor more
    3  than fifteen days, Sundays excepted, after a notice of  such  sale  has
    4  been  published  at  least once in a definitive trade publication of the
    5  municipal bond industry published on each business day in the  state  of
    6  New  York  which is generally available to participants in the municipal
    7  bond industry, which notice shall state the terms of  the  sale.    The
    8  comptroller  may  not change the terms of the sale unless notice of such
    9  change is sent via a definitive trade wire service of the municipal bond
   10  industry which, in general, makes available information regarding activ-
   11  ity and sales of municipal bonds and is generally available  to  partic-
   12  ipants  in  the  municipal  bond industry, at least one day prior to the
   13  date of the sale as set forth in the original notice  of  sale.  In  so
   14  changing  the  terms  or  conditions  of a sale the comptroller may send
   15  notice by such wire service that the sale will be delayed by up to thir-
   16  ty days, provided that wire notice of the new sale date will be given at
   17  least one business day prior to the new time when bids will be accepted.
   18  In such event, no new notice of sale shall be required to be  published.
   19  Notwithstanding  the provisions of section one hundred five of the state
   20  technology law or any other law,  if  the  notice  of  sale  contains  a
   21  provision  that  bids will only be accepted electronically in the manner
   22  provided in such notice of sale, the comptroller shall not  be  required
   23  to  accept non-electronic bids in any form. Advertisements shall contain
   24  a provision to the effect that the state comptroller, in his discretion,
   25  may reject any or all bids made in pursuance of such advertisements, and
   26  in the event of such rejection, the state comptroller is  authorized  to
   27  negotiate  a private sale or readvertise for bids in the form and manner
   28  above described as many times as, in his judgment, may be  necessary  to
   29  effect  a satisfactory sale. Notwithstanding the foregoing provisions of
   30  this subdivision, whenever in the judgment of the comptroller the inter-
   31  ests of the state will be served thereby, he may sell  state  bonds  at
   32  private sale at par, at par plus a premium not to exceed five percent in
   33  the case of refunding bonds or five-tenths of one percent in the case of
   34  all  other  bonds,  or  at  a discount. The comptroller shall promulgate
   35  regulations governing the terms  and  conditions  of any  such  private
   36  sales,  which  regulations shall include a provision that he give notice
   37  to the governor, the temporary president of the senate, and the  speaker
   38  of  the  assembly  of  his  intention to conduct a private sale of obli-
   39  gations pursuant to this section not less than five days prior  to  such
   40  sale or the execution of any binding agreement to effect such sale.
   41    (b) Notwithstanding paragraph (a) of this subdivision, whenever in the
   42  judgment  of  the  comptroller the interests of the state will be served
   43  thereby, such bonds may be sold at public or private sale in  accordance
   44  with the procedures set forth in paragraph (a) of this subdivision, with
   45  interest  rates  that vary in accordance with a formula or procedure set
   46  forth or referred to in the bonds and may provide the  holders  thereof
   47  with  such  rights  to require the state or other persons to purchase or
   48  redeem such bonds or renewals thereof from the proceeds  of  the  resale
   49  thereof  or  otherwise  from time to time prior to the final maturity of
   50  such bonds as the comptroller may determine and the state may resell, at
   51  any time prior to final maturity, any such bonds acquired as a result of
   52  the exercise of such rights[, provided, however, that as of the  initial
   53  date  of  each issuance of such bonds with interest rates that vary the
   54  total principal amount of bonds then outstanding pursuant to this  para-
   55  graph  and  paragraph b of subdivision four of section fifty-seven shall
   56  not exceed twenty percent of the  total  principal  of  all  bonds  then

       S. 6256                           70                            A. 9758
      
	1  outstanding which carry the full faith and credit of the state. Notwith-
    2  standing the foregoing, the]. The holders of bonds sold pursuant to this
    3  paragraph  [shall  not] may  be  provided with the right to require the
    4  state  to  repurchase  or  redeem  the bonds prior to the final maturity
    5  thereof [unless] if the state has entered into one  or  more  letter  of
    6  credit  agreements  or  other liquidity facility agreements entered into
    7  for the express purpose of such sale and which shall require  a  finan-
    8  cially  responsible  party  or  parties  to the agreement or agreements,
    9  [other than] which may be the state, to purchase or redeem  all  or  any
   10  portion  of such bonds tendered by the holders thereof for repurchase or
   11  redemption prior to the final maturity of such bonds.  Such  requirement
   12  to  purchase or redeem bonds shall continue until such time as the right
   13  of the holders of such bonds to require repurchase or redemption of such
   14  bonds prior to the final maturity thereof  shall cease.  A  financially
   15  responsible party or parties, for purposes of this paragraph, shall mean
   16  a person or persons determined by the comptroller to have sufficient net
   17  worth and liquidity to purchase and pay for on a timely basis all of the
   18  bonds  which may be tendered for repurchase or redemption by the holders
   19  thereof.
   20    § 35. The state finance law is amended by adding a new article 5-D  to
   21  read as follows:
   22                                  ARTICLE 5-D
   23                       VARIABLE RATE DEBT INSTRUMENTS
   24  Section 69-a. Definitions.
   25          69-b. Limitation on amount of variable rate debt instruments.
   26          69-c. Variable rate bonds.
   27          69-d. Interest rate exchange or similar agreements.
   28          69-e. Applicability.
   29    §  69-a.  Definitions. As used throughout this article, the following
   30  terms shall have the following meanings:
   31    1. "Variable rate bonds" shall mean  any  State-supported  debt  which
   32  bears interest at a rate or rates which varies from time to time.
   33    2.  "Interest rate exchange or similar agreement" shall mean a written
   34  contract entered into in connection with the issuance of State-supported
   35  debt, or in connection with such State-supported debt already  outstand-
   36  ing,  with  a counterparty to provide for an exchange of payments based
   37  upon fixed and/or variable interest rates, and shall be for exchanges in
   38  currency of the United States of America only.
   39    3. "State-supported debt" shall mean all debt included in  subdivision
   40  one of section sixty-seven-a of this chapter.
   41    4. "Authorized issuer" shall mean the state or any state public corpo-
   42  ration which is authorized to issue State-supported debt.
   43    5. "Governing  board"  shall  mean, for each state public corporation
   44  which is authorized to issue State-supported debt, its board  of  direc-
   45  tors  or,  in the absence of a board of directors, its other appropriate
   46  supervising body and, in relation to state general obligation debt,  the
   47  state comptroller.
   48    6. "Variable rate debt instruments" shall mean variable rate bonds and
   49  interest  rate exchange or similar agreements which result in an author-
   50  ized issuer effectively paying interest at a rate or rates which  varies
   51  from time to time.
   52    7.  "Excluded agreements"  shall  mean  the  total notional amount of
   53  interest rate exchange  or  similar  agreements  entered  into  for  the
   54  purpose of reducing or eliminating a situation of risk or exposure under
   55  an  existing interest rate exchange or similar agreement, including, but

       S. 6256                           71                            A. 9758
      
	1  not limited to a counterparty downgrade, default,  or  other  actual  or
    2  potential economic loss.
    3    §  69-b. Limitation on amount of variable rate debt instruments. 1. As
    4  of the initial date of each issuance of variable rate debt  instruments,
    5  the  total  of  the principal and notional amounts of such variable rate
    6  debt instruments outstanding and in effect shall not  exceed  an  amount
    7  equal to fifteen percent of the total principal amount of State-support-
    8  ed debt outstanding.
    9    2.  The  limitation contained in subdivision one of this section shall
   10  not include any excluded agreements.
   11    § 69-c. Variable rate bonds.  Notwithstanding any other  provision  of
   12  law  to the contrary, any State-supported debt may be issued as variable
   13  rate bonds.
   14    § 69-d. Interest rate exchange or similar agreements.   1.  Authorized
   15  issuer;  powers.   In  connection  with the issuance of State-supported
   16  debt, or in connection with such State-supported debt already  outstand-
   17  ing, an authorized issuer shall have the power to:
   18    (a)  enter  into interest rate exchange or similar agreements with any
   19  person under such terms and conditions  as  the  authorized  issuer  may
   20  determine,  including provisions as to default or early termination and
   21  indemnification by the authorized issuer or any other party thereto  for
   22  loss of benefits as a result thereof;
   23    (b)  procure insurance, letters of credit or other credit enhancement
   24  with respect to agreements described in paragraph (a) of  this  subdivi-
   25  sion;
   26    (c) provide security for the payment or performance of its obligations
   27  with  respect  to agreements described in paragraph (a) of this subdivi-
   28  sion from such sources and with the same  effect  as  is  authorized  by
   29  applicable  law with  respect to security for its bonds, notes or other
   30  obligations, provided, however, that any payment or performance of obli-
   31  gations with respect to agreements described in paragraph  (a)  of  this
   32  subdivision  in connection  with  debt obligations which carry the full
   33  faith and credit of the state shall be subject to appropriation;
   34    (d) the state, acting through the director  of  the  budget  or  other
   35  state  officials who are so authorized by applicable law with respect to
   36  such bonds, notes or other obligations,  shall  also  be  authorized  to
   37  enter  into  or amend agreements related to such State-supported debt to
   38  provide for payment, subject to appropriation, to such authorized issuer
   39  of any amounts required to be paid by such authorized issuer  under  any
   40  such interest rate exchange or similar agreement; and
   41    (e) modify, amend, or replace, such agreements.
   42    2. Interest rate exchange; limitations.  Any interest rate exchange or
   43  similar  agreements entered  into  pursuant  to subdivision one of this
   44  section shall be subject to the following limitations:
   45    (a) the counterparty thereto shall have credit ratings from  at  least
   46  one  nationally recognized statistical rating agency that is within the
   47  two highest investment grade categories and ratings which  are  obtained
   48  from  any  other nationally recognized statistical rating agencies shall
   49  also be within the three highest investment  grade  categories,  or  the
   50  payment obligations of the counterparty shall be unconditionally guaran-
   51  teed by an entity with such credit ratings;
   52    (b) the written contract shall require that should the rating:  (i) of
   53  the  counterparty, if  its  payment obligations are not unconditionally
   54  guaranteed by another entity, or  (ii)  of  the  entity  unconditionally
   55  guaranteeing  its payment  obligations,  if  so secured, fall below the
   56  rating required by paragraph (a) of this  subdivision,  that  the  obli-

       S. 6256                           72                            A. 9758
      
	1  gations of such counterparty shall be fully and continuously collateral-
    2  ized by direct obligations of, or obligations the principal and interest
    3  on  which  are guaranteed  by, the United States of America, with a net
    4  market value of at least one hundred two percent of the net market value
    5  of  the  contract  to the authorized issuer and such collateral shall be
    6  deposited with the authorized issuer or an agent thereof;
    7    (c) the total notional amount of all interest rate exchange or similar
    8  agreements for all authorized issuers to be in effect shall  not  exceed
    9  an amount equal to fifteen percent of the total amount of State-support-
   10  ed  debt outstanding  as  of the initial date of entering into each new
   11  agreement; provided, however, that such total notional amount shall  not
   12  include any excluded agreements;
   13    (d)  no interest rate exchange or similar agreement shall have a matu-
   14  rity exceeding the maturity of the related State-supported debt;
   15    (e) each interest rate exchange or similar agreement shall be  subject
   16  to  an  independent finding that its terms and conditions reflect a fair
   17  market value of such agreement as of the date of its execution,  regard-
   18  less of whether such agreement was solicited on a competitive or negoti-
   19  ated basis; and
   20    (f)  each interest  rate exchange or similar agreement, including the
   21  modification or termination thereof, shall be subject to the approval of
   22  the director of the budget,  the  governing  board  of  such  authorized
   23  issuer,  and shall not be considered a project for the purposes of arti-
   24  cle one-A of the public authorities law.
   25    3. Guidelines and reports.  (a) Prior to authorizing the  approval  of
   26  any contract for interest rate exchange or similar agreement pursuant to
   27  subdivision one of this section, the authorized issuer's governing board
   28  shall  adopt guidelines for the use of interest rate exchange or similar
   29  agreements which shall include, but not be limited to the following:
   30    (i) the conditions under which such contracts can be entered into;
   31    (ii) the methods by which such  contracts  are  to  be  solicited  and
   32  procured;
   33    (iii) the form and content such contracts shall take;
   34    (iv) the aspects of risk exposure associated with such contracts;
   35    (v) standards and procedures for counterparty selection;
   36    (vi)  standards for  the procurement of credit enhancement, liquidity
   37  facilities, or the setting aside of reserves  in  connection  with  such
   38  contracts;
   39    (vii)  provisions for  collateralization  or  other  requirements for
   40  securing the financial interest in such contracts;
   41    (viii) the long-term implications associated with entering  into  such
   42  agreements, such as costs of borrowing, historical trends, use of capac-
   43  ity  for  variable rate  bonds and related credit enhancements, and any
   44  potential impact on the future ability to call bonds, including opportu-
   45  nities to refund related debt obligations, and similar considerations;
   46    (ix) the methods to be used to reflect such contracts in  the  author-
   47  ized issuer's financial statements;
   48    (x)  financial monitoring and periodic assessment of such contracts by
   49  the authorized issuer; and
   50    (xi) such other matters relating thereto as the governing board  shall
   51  deem necessary and proper.
   52    (b)  The guidelines  to be adopted pursuant to paragraph (a) shall be
   53  developed in consultation with and subject to the approval of the direc-
   54  tor of the budget.
   55    (c) The authorized issuer shall issue a monthly report to the director
   56  of the budget, the chairs of the senate finance committee and the assem-

       S. 6256                           73                            A. 9758
      
	1  bly ways and means committee, and the state comptroller,  on  or  before
    2  the  fifteenth  day of  each month in any state fiscal year in which it
    3  enters into or continues to be a party to a contract for  interest  rate
    4  exchange  or similar  agreement,  which  shall  list all such contracts
    5  entered into pursuant to this section, and shall  include,  but  not  be
    6  limited  to, the following information for each such contract, as appli-
    7  cable:
    8    (i) a description of the contract, including a summary  of  the  terms
    9  and  conditions, rates,  maturity,  the  estimated market value of each
   10  agreement, and other provisions thereof and the method of procurement;
   11    (ii) any amounts which were required to be paid and received, and  any
   12  amounts which actually were paid and received thereunder;
   13    (iii)  any  credit enhancement, liquidity facility or reserves associ-
   14  ated therewith including  an  accounting  of  all  costs  and  expenses
   15  incurred,  whether or not in conjunction with the procurement of credit
   16  enhancement or liquidity facilities;
   17    (iv) a description of each counterparty; and
   18    (v) an assessment of the  counterparty  risk,  termination  risk,  and
   19  other risks associated therewith.
   20    §  69-e. Applicability.  Nothing in this article shall be construed as
   21  to apply to or limit any debt obligation or related  instrument  of  the
   22  state,  state public  corporations,  or  any other issuers except those
   23  obligations or instruments which are or relate to State-supported debt.
   24    § 36.  Section 2926 of the public authorities law is REPEALED.
   25    § 37.  Any interest rate exchange agreement entered into  pursuant  to
   26  section  2926 of the public authorities law as repealed in section thir-
   27  ty-six of this act prior to the effective date of this act  shall,  upon
   28  the  effective date hereof, be governed by the provisions of article 5-D
   29  of the state finance law, as added by section thirty-five of  this  act,
   30  and as may subsequently be amended.
   31    §  38.   Subdivisions 17 and 18 of section 3235 of the public authori-
   32  ties law are REPEALED and subdivision 19 is renumbered subdivision 17.
   33    § 39.  Any interest rate exchange agreement entered into  pursuant  to
   34  subdivisions  17 and 18 of section 3235 of the public authorities law as
   35  repealed by section thirty-eight of this act prior to the effective date
   36  of this act shall, upon the effective date hereof, be  governed  by  the
   37  provisions  of article 5-D of the state finance law, as added by section
   38  thirty-five of this act, and as may subsequently be amended.
   39    § 40. Paragraph (e) of subdivision  2  of  section 56  of  the  state
   40  finance law, as amended by chapter 11 of the laws of 1994, is amended to
   41  read as follows:
   42    (e)  All  money  in each escrow fund shall be held as cash or shall be
   43  invested in direct obligations of the federal government,  direct  obli-
   44  gations the principal and interest of which are guaranteed by the feder-
   45  al  government, or  obligations  the  interest  on which is exempt from
   46  federal income taxation and which are  fully secured  by  direct  obli-
   47  gations  of  the federal government, having such maturities and interest
   48  payment dates as required to make all  payments  to be  made  from  the
   49  escrow  fund  as  they  come due. The earnings on such obligations shall
   50  remain in the escrow fund until required to be used to pay debt  service
   51  on  the refunding bonds, to pay debt service on the bonds to be refunded
   52  or to make other payments authorized to be made from the  escrow  fund.
   53  Any money or investments remaining in any escrow fund after all refunded
   54  bonds are redeemed and after all expenses related to the refunding tran-
   55  saction have been paid shall be deposited in the general fund.

       S. 6256                            74                           A. 9758
      
	1    § 41. Section 67-b of the state finance law is amended by adding a new
    2  subdivision 5 to read as follows:
    3    5.  The provisions  of  this  section  shall not apply to debt issued
    4  pursuant to section nine of article VII of the state constitution.
    5    § 42. Subdivision 3 of section 99-e of the state finance law, as added
    6  by chapter 309 of the laws of 1996, is amended to read as follows:
    7    3. Moneys of the account shall only be available to the state  univer-
    8  sity  of  New York and following appropriation by the legislature, shall
    9  be credited to the state operated institutions, statutory  or  contract
   10  colleges,  hospitals  and/or  system administration stabilization subac-
   11  counts from which the savings  were  achieved. Notwithstanding  section
   12  forty of this chapter, section three hundred fifty-five of the education
   13  law  or any other law to the contrary, all appropriations made from this
   14  account to the state university of New York shall remain in  full  force
   15  and effect for two years from July first of the effective [date] year of
   16  the  chapter in which the appropriations were made. Moneys shall be paid
   17  out of the account on the audit and warrant of the state comptroller  on
   18  vouchers certified or approved by the chancellor of the state university
   19  of New York or his or her designee.
   20    § 43. Subdivision 3 of section 97-g of the state finance law, as added
   21  by chapter 710 of the laws of 1964, is amended to read as follows:
   22    3. Moneys of the fund shall be available to the commissioner of gener-
   23  al  services  for the purchase of food, supplies and equipment for state
   24  institutions and other state agencies, and for the purpose of furnishing
   25  or providing centralized services to or for state institutions and other
   26  state agencies. Beginning the first day  of  April,  two  thousand  two,
   27  moneys  in  such fund shall also be transferred by the state comptroller
   28  to the revenue bond tax fund account of the general debt service fund in
   29  amounts equal to those required for payments to authorized  issuers  for
   30  revenue bonds issued pursuant to article five-C  of this chapter for the
   31  purpose  of  lease purchases  and installment purchases by or for state
   32  agencies and institutions for personal or real property purposes.
   33    § 44. Section 51 of the public authorities law is amended by adding  a
   34  new subdivision 1-a to read as follows:
   35    1-a. Board approval shall not be required for indebtedness incurred by
   36  a  public  benefit corporation subject to the provisions of this section
   37  for the purpose of refunding state supported debt, as defined by section
   38  sixty-seven-a of the state finance law.
   39    § 45. Paragraph (a) of subdivision 1 of section 1290  of  the  public
   40  authorities  law,  as  amended  by  chapter  624 of the laws of 1999, is
   41  amended to read as follows:
   42    (a) The corporation shall have power and  is hereby  authorized  from
   43  time  to  time to issue its negotiable or non-negotiable bonds and notes
   44  in conformity with applicable provisions of the uniform commercial  code
   45  in  such  principal amount, as, in the opinion of the corporation, shall
   46  be necessary to provide sufficient funds  for achieving  its  purposes,
   47  including the acquisition and construction, operation and maintenance of
   48  sewage  treatment works, sewage collecting systems, solid waste disposal
   49  facilities, storm water collecting systems, water management facilities,
   50  air pollution control facilities, the removal, disposal and  remediation
   51  of  petroleum storage tanks and the remediation of the sites thereof and
   52  any other project or projects authorized pursuant to the  provisions  of
   53  this  title, and paying the cost thereof; the making of loans to persons
   54  and, for purposes  of  sections  twelve  hundred eighty-five-j,  twelve
   55  hundred  eighty-five-m  and  twelve  hundred eighty-five-o of this title
   56  only, to any municipality or recipient for such purposes; the  financing

       S. 6256                           75                            A. 9758
      
	1  of  the  design, acquisition, construction, improvement and installation
    2  of all or any portion of Riverbank Park, provided however, that any such
    3  bonds or notes issued to finance Riverbank Park shall only be issued  in
    4  such  principal amount as shall be necessary to provide sufficient funds
    5  for the repayment of amounts disbursed  pursuant  to appropriations  or
    6  reappropriations  under  chapter  fifty-four  of the  laws  of nineteen
    7  hundred ninety-one including any subsequent reappropriation of the unex-
    8  pended balance  of  such  appropriations  or reappropriations  for  the
    9  purpose  of  Riverbank  Park, plus an amount sufficient to fund any debt
   10  service reserve fund established by the corporation for the  purpose  of
   11  Riverbank  Park and to provide for the payment of fees and other charges
   12  and expenses of the corporation in connection with such bonds and notes,
   13  which principal amount shall constitute the  statutory  ceiling  on  the
   14  amount  of  bonds and  notes  that  can be issued for such purpose; the
   15  financing of all or any portion of any state park infrastructure project
   16  or reimbursement of the state for expenditures relating thereto, plus an
   17  amount to provide for the payment of fees and other charges and expenses
   18  of the corporation in  connection  with  such  bonds and    notes;  the
   19  provision  of  funds  to  the state for any amounts contributed or to be
   20  contributed to the water pollution control revolving fund, the pipe-line
   21  for jobs fund or the drinking water revolving  fund provided,  however,
   22  that  any  such  bonds  or  notes  issued  to provide funds to the water
   23  pollution control revolving fund, the pipeline  for jobs  fund  or  the
   24  drinking  water  revolving  fund  shall only be issued in such principal
   25  amount as shall be necessary to provide sufficient funds for the  repay-
   26  ment  of  amounts disbursed pursuant to any appropriation or reappropri-
   27  ation enacted for the pipeline for jobs fund or for the payment  of  the
   28  state  match  for  federal capitalization grants for the water pollution
   29  control revolving fund or the drinking water revolving  fund,  plus  an
   30  amount  sufficient to fund any debt service reserve fund and to provide
   31  for fees, charges and other costs of issuance,  which  principal  amount
   32  shall  constitute the statutory ceiling on the amount of bonds and notes
   33  that can be issued for such purpose; the purchase of municipal bonds and
   34  notes, and bonds and notes of a state agency, the payment of the cost of
   35  any project, the payment of interest on bonds and notes  of  the  corpo-
   36  ration,  the  establishment  of reserves to secure such bonds and notes;
   37  the provision of working capital  and  all  other expenditures  of  the
   38  corporation  incident  to  and  necessary or convenient to carry out its
   39  purposes and powers;
   40    § 46.  Severability. If any clause, sentence, paragraph,  subdivision,
   41  section  or part of this act shall be adjudged by any court of competent
   42  jurisdiction to be invalid, such judgement shall not affect, impair,  or
   43  invalidate the remainder thereof, but shall be confined in its operation
   44  to the clause, sentence, paragraph, subdivision, section or part thereof
   45  directly  involved in the controversy in which such judgement shall have
   46  been rendered. It is hereby declared to be the intent of the legislature
   47  that this act would have been enacted even if  such invalid  provisions
   48  had not been included herein.
   49    §  47.    This act shall take effect April 1, 2002; provided, however,
   50  that if this act shall take effect after such date it shall take  effect
   51  immediately and shall be deemed to have been in full force and effect on
   52  and  after  April  1,  2002; provided, further, that sections one, four,
   53  seven through fifteen, seventeen and eighteen of this act  shall  expire
   54  March 31, 2003 when upon such date the provisions of such sections shall
   55  be deemed repealed.

       S. 6256                           76                            A. 9758
      
	1    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    2  sion,  section  or  part  of  this act shall be adjudged by any court of
    3  competent jurisdiction to be invalid, such judgment shall  not  affect,
    4  impair,  or  invalidate  the remainder thereof, but shall be confined in
    5  its  operation  to the clause, sentence, paragraph, subdivision, section
    6  or part thereof directly involved in the controversy in which such judg-
    7  ment shall have been rendered. It is hereby declared to be the intent of
    8  the legislature that this act would  have  been enacted  even  if  such
    9  invalid provisions had not been included herein.
   10    §  3.  This  act shall take effect immediately provided, however, that
   11  the applicable effective date of Parts A through N of this act shall  be
   12  as specifically set forth in the last section of such Part.

Memorandum in Support