A BUDGET BILL submitted by the Governor in accordance with Article VII of the Constitution
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 subdivision 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 military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and penal law (Part H); to amend the public lands law, in relation to expanding the allowable purposes for which unappropriated 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 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 communications 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 financing 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 counties 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)
This bill contains provisions needed to implement the Public Protection and General Government portion of the 2002-03 Executive Budget.
Effective January 1, 2003, this bill will:
Education Law §807-b requires annual fire inspections of public and private (independent) colleges and universities, and the filing of an inspection report with the Commissioner of Education. Fines of up to $500 per day may currently be imposed for failure to file with the Commissioner. However, no sanctions exist in statute for failure to correct an identified fire safety violation or deficiency.
Penal Law, while providing criminal punishment for arson and falsely reporting a fire, contains no provision sanctioning intentional tampering with a fire detection or fire protection device as proposed in this bill.
A similar Article VII bill was proposed in the SFY 2001-02 Executive Budget, but was not enacted.
Following the deaths of several students in a Seton Hall University (New Jersey) dormitory fire, Governor Pataki established the New York Task Force on Campus Fire Safety. This bill will implement the following Task Force initiatives needed to protect students in this State from unnecessary risk of fire hazards while attending higher educational institutions.
Effective April 1, 2002 a new fee schedule will be implemented that will be used to support the operations of the Lake George Park Commission. The new schedule will increase boat and dock registration fees in the following manner:
Section 43-0125 of the Environmental Conservation Law sets boat and docking fees for the Lake George Park Commission.
A similar Article VII bill to increase specific licensing fees was proposed in the SFY 2001-02 Executive Budget but was not enacted.
The Lake George Park Commission is charged with preserving, protecting and enhancing the unique nature and scenic resources of Lake George and the surrounding countryside. Over the years use of the lake has steadily increased, elevating the need for enforcement of water safety laws and regulations and aggravating the Lake’s environmental conditions. This growth in activities has increased the cost of lake management, and by the end of this fiscal year the imbalance in spending will erode all available revenue received by the Commission.
These regulatory and enforcement functions of the Commission and other ongoing expenses such as milfoil and zebra mussel control measures can appropriately be met through an increase in user fees. The current fee structure was set in 1987 with the intention that fees would support the costs of the Commission. The fees for docks are determined by the length and the purposes of the dock, while boat registration fees are determined by the length and other specifications of the boat. The recommendation would increase all the fees paid to the Commission by 50 percent, and would cover rising costs over the next several years.
Effective immediately, this bill:
Article 6-D of the Executive Law authorizes the Department of State to administer the Federal CSBG Program. This authorization expires September 30, 2002.
The Laws of 1982 gave the Department of State authority to administer CSBG funds for one year. This authority was extended each year through September 30, 2002. In Chapter 411 of the laws of 1999 the distribution formula for CSBG funds was extended until September 30, 2004.
The CSBG Program is a federally funded anti-poverty program that provides families and individuals with the resources necessary to achieve self-sufficiency.
The Federal Community Services Block Grant Act of 1998 made significant changes to the CSBG Program. Conforming State law with Federal statute will ensure New York State’s continued receipt of federal funds. Additionally, this bill would extend DOS’s authorization to administer the CSBG program until September 30, 2004, to conform with Chapter 411 of the NYS Laws of 1999 which extended the distribution formula for CSBG funds until September 30, 2004.
This bill amends Section 18 of the State Finance Law to define the terms “liquidated” and “outstanding debt,” and to clarify that the statutorily authorized collection fees are recoverable in the same manner as the outstanding debt. Further, this bill specifies that collection fee charges may be included in the statement of damages sought in a court action.
Section 18 of the State Finance law authorizes State agencies to recover an amount equal to 22 percent of the collected delinquent debt for administrative costs.
Section 18 of the State Finance Law was enacted as part of Chapter 55 of the Laws of 1992.
Recent court decisions have required the Department of Law to recover its collection expenses directly from the principal and interest collected on the bad debt, rather than through collection fees assessed to the debtors. This reduces the recovery amounts that can be turned over to the Department’s client agencies.
By more clearly defining that the collection fees may be recovered in addition to the original debt, this bill ensures that the Department of Law and other State agencies will recoup the full amount of the debt owed, including the collection costs.
Effective 90 days after enactment, this bill establishes a new fee schedule for: real estate broker and salesperson; apartment information vendor or apartment sharing agent; alarm installer; private investigator; private watch; guard and patrol agency; armored car carrier; security guard; bedding repairer-renovator or rebuilder; appearance enhancement specialist (nail specialist, waxing specialist, natural hair stylist, estheticist and cosmetologist); coin processor; barber and barber apprentice; operator of pet cemeteries; hearing aid dispenser; notary public; appraiser; and central dispatch facility.
The current fees would be adjusted in the following manner: fees up to $50 will receive a $5 increase, fees between $50 and $100 a $10 increase, fees between $100 and $200 a $25 increase and fees over $200 a $35 increase. In addition, the current examination fee will increase from $15 to $25. The bill also includes the elimination of several “after licensure fees” which have been problematic to the business community.
Various provisions of the Real Property Law, the Executive Law and the General Business Law require the Department of State to provide for the licensing and registration of certain disciplines, and set fees for examinations (in some cases, a prerequisite to licensure) and applications.
A similar Article VII bill to increase specific licensing fees was proposed in both the SFY 2000-01 and 2001-02 Executive Budgets. However, the Legislature did not pass the bill.
The Department of State provides a wide range of services to a variety of customers, including businesses, local governments and the general public. Over the years, the Department has sought to improve service and has been successful in reducing processing time. The fee increases in this bill provide the Department the additional financial resources necessary to make further service improvements requested by the industry through an investment in automation and Internet computer capability.
These investments will improve the application and licensing process. Service will be enhanced with quicker turnaround, the ability to transact business on-line and 24-hour access to information. Efficiency in the agency’s day-to-day operations would be improved, particularly as an integrated database is established for licensing services over the next few years. Over time, savings will accrue as the volume of paper-based manual transactions declines, resulting in lower storage costs, quicker processing, fewer telephone inquiries and mail transactions.
To amend Article 6-C of the Correction Law to include as registerable offenses certain existing sex offenses as well as new sex offenses added to the Penal Law by the Sexual Assault Reform Act, the Hate Crimes Act of 2000 and the Anti-Terrorism Act of 2001, to: require that sex offenders registered in other states notify the Division of Criminal Justice Services (DCJS) when such offenders enter the state to work or attend school, require sex offenders registered in New York to notify the Registry of any institutions of higher education at which such offenders are enrolled or employed, mandate lifetime registration for sexual predators, and make additional amendments to clarify New York’s Sex Offender Registration Act.
Sections 1, 2, and 3 amend section 168-a of Correction law to add offenses to the list of sex offenses requiring registration as a sex offender. Added are: Penal Law §130.20, sexual misconduct; Penal Law §130.52, forcible touching; Penal Law §130.55, sexual abuse in the third degree and Penal Law §235.22, disseminating indecent material to minors in the first degree; specific federal offenses involving child pornography; and Penal Law §130.53, persistent sexual abuse; Penal Law §130.65-a, aggravated sexual abuse in the fourth degree and Penal Law §130.90, facilitating a sex offense with a controlled substance. This bill also removes the requirement that a conviction in another jurisdiction carry a sentence in excess of 1 year in order to require registration.
Section 4 amends subdivision 4 of section 168-a of the Correction Law to include the law enforcement agency having jurisdiction over an institution of higher education within the definition of a law enforcement agency having jurisdiction if the offender is enrolled at, attends, or is employed by an institution of higher education.
Section 5 amends subdivision 7 of section 168-a of the Correction Law to define a sexual predator as an individual who has committed a sex offense and who suffers from a mental abnormality or personality disorder which makes such offender likely to engage in predatory acts, an individual who has committed a sexually violent offense, or a sex offender convicted of an offense requiring registration who has a previous conviction for a registerable sex offense.
Section 6 amends section 168-a of the Correction Law by adding three new subdivisions to define an institution of higher education, a nonresident worker and a nonresident student.
Sections 7, 8 and 10 amend Correction Law by adding attendance at or employment by an institute of higher education to the items that must be included in notifications to DCJS. Section 19 amends Correction Law to require this information be included in community notifications. Section 25 amends Correction Law to require that this information be included in the State’s Subdirectory of High-Risk (Level 3) Sex Offenders.
Section 9 amends section 168-d of the Correction Law by setting forth a procedure by which a court must determine whether a sex offender sentenced to a term of probation is a sexual predator, thus requiring lifetime registration, and also the level of community notification that will be assigned to the offender. This section also requires the court to obtain the name and address of any institution of higher education which the offender expects to be employed by, enrolled at or attend and whether the offender expects to reside in a facility owned or operated by that institution.
Section 11 amends paragraph (c) of subdivision 2 of section 168-f of the Correction Law to provide that a sex offender who fails to mail an annual address verification form within ten days of receipt of the form from DCJS shall be guilty of a violation of the requirement to annually verify a residence address, even if it has not changed.
Section 12 amends subdivision 3 of section 168-f of the Correction Law to provide that a sexual predator and any offender designated a level 3 risk must personally verify his or her address with the local law enforcement agency every 90 days. This requirement is suspended when the offender is incarcerated.
Section 13 amends subdivision 4 of section 168-f of the Correction Law to require an offender to notify DCJS of any change in status at an institution of higher education in addition to a change of residence address. This section also removes the duplicative requirement that a sex offender notify both DCJS and the local law enforcement agency of a change of address and the requirement that the local law enforcement agency in turn notify DCJS whenever it has received notification of a sex offender’s change of address.
Section 14 adds a new subdivision 6 to section 168-f of the Correction Law pertaining to sex offenders required to register in other states who enter New York State to work or attend school. Such offenders must register with DCJS within ten calendar days of commencing employment or attending school. DCJS will then inform the appropriate law enforcement agency of the offender’s presence.
Section 15 amends section 168-h of the Correction Law to make clear that sexual predators remain on the registry for life. All other sex offenders remain registered for 10 years.
Section 16 amends section 168-j of the Correction Law by renumbering the subdivisions to conform to the other sections of the Act and adding three new subdivisions. New subdivision 3 sets forth DCJS’s duty to notify the authorities in another state whenever a sex offender has notified DCJS of an intention to move to that state. New subdivisions 4 and 5 set forth the notification procedures whenever a sex offender has indicated that he or she will be enrolled in, attending or employed at an institution of higher education.
Sections 17 and 19 amend sections 168-k and 168-l of the Correction Law by requiring a court to determine and the Board of Examiners of Sex Offenders to recommend whether the offender is a sexual predator. The court must also determine the level of community notification that will be assigned to the offender.
Section 18 amends subparagraph (i) of paragraph (a) of subdivision 5 of section 168-l of the Correction Law to add personality disorder to the list of factors to be taken into account in assessing a sex offender’s risk of repeat offense.
Section 20 amends subdivision 7 of section 168-l of the Correction Law to change a reference to a petition for relief from the duty to register to a reference to a petition to modify the level of notification.
Section 21 amends subdivision 8 of section 168-l of the Correction Law to clarify that the failure to make a determination whether an offender is a sexual predator within the specified time limits does not affect the offender’s registration obligations or the court’s authority to make such a determination.
Sections 22 and 23 amend section 168-n of the Correction Law to require a court to make a determination whether an offender is a sexual predator prior to the offender’s release from a correctional facility and in relation to the procedure for determining the level of community notification that will be assigned to an offender.
Section 24 amends section 168-o of the Correction Law by deleting former subdivision 1 which authorized an offender who had been registered for at least 10 years to petition for removal from the registry and renumbering the remaining subdivisions. New subdivision 1 of this section is amended to authorize only those offenders who have not been designated a sexual predator or a level 3 risk to petition the court for a modification in risk level.
Section 26 amends section 168-t of the Correction Law to clarify the conduct which comprises an offense under the Act and makes failure to register by nonresident workers or students and failure to notify of the status or change in status at an institution of higher education a crime.
Section 27 provides that this act shall take effect immediately and that the amendments made to subdivisions two and three of section 168-a of the Correction Law shall apply to persons convicted of an offense prior to such date who, on such date, have not completed service of their sentence.
The Sex Offender Registration Act (Act) has been in effect since January 21, 1996 with some amendments. Currently, the Act does not require that sex offenders who are required to register in other states and enter New York to work or attend school notify DCJS as required by federal law; nor is information collected concerning a registered sex offender’s attendance at or employment by an institution of higher education. In addition, certain new sex offenses have been added to the Penal Law since the Act was last amended which are not among the listed offenses requiring registration. Furthermore, Correction Law section 168-o provides for relief from registration, even for the most dangerous sex offenders. Additionally, no provisions exist to ensure more stringent registration requirements for aggravated and repeat offenders.
Three bills were introduced in the 2001 legislative session that would have expanded New York’s Sex Offender Registry by adding some of the offenses included in this bill. Two of these bills passed the Senate, while a third was introduced in the Assembly. None of these bills would have put New York completely in compliance with Federal requirements for full Byrne Formula Grant funding.
In order to remain eligible for full Federal Byrne Formula Grant funding, New York must demonstrate compliance with the Jacob Wetterling Crimes against Children and Sexually Violent Offender Registration Program (Wetterling Act), the Pam Lychner Sexual Offender Tracking and Identification Act of 1996 (Lychner Act), section 115 of the General Provisions of Title I of the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act (CJSA) and the Campus Sex Crimes Prevention Act. The provisions of this bill will satisfy the necessary requirements, including:
This bill amends permanent law to enable the payment of general-purpose local government aid to cities, towns and villages in the State fiscal year beginning April 1, 2002 and every year thereafter.
This bill amends section 54 of the State Finance Law so that existing law, which currently sunsets on March 31, 2002, would continue in perpetuity. Additionally, this bill provides for the following:
Current law renders subdivisions one through eight of Section 54 inapplicable and includes a new subdivision 9 to enable the State to disburse general purpose local government aid in a manner consistent with prior years.
Similar legislation was enacted for SFY 2001-02.
This legislation would authorize continued payment of general purpose local government aid to all cities, towns and villages at the SFY 2001-02 level consistent with prior years.
Effective immediately, this bill amends Chapter 435 of the Laws of 1997 to extend the Merit Time program to September 1, 2003. The current law will sunset on September 1, 2002 without this legislation.
The Merit Time program allows non-violent inmates serving indeterminate sentences in excess of one year to earn a possible one-sixth reduction in their minimum terms if they do not engage in any serious acts of misbehavior and they accomplish certain program objectives. Since it’s enactment in 1997, more than 10,000 inmates have been released prior to their court set parole eligibility date as a result of good behavior and participation in education and other activities that improve their potential for successful return to the community. To allow this law to sunset would not only reduce incentives to participate in rehabilitation programs, but would keep inmates in prison who would have otherwise been released.
Enactment of this bill is necessary to implement the SFY 2002-03 Executive Budget because it will allow the Department of Corrections to avoid additional spending of approximately $20 million in SFY 2002-03.
To add governmental purposes to the list of allowable purposes for which unneeded real property of the State may be transferred to incorporated localities.
Effective immediately, this bill amends section 34 of Public Lands Law to allow the State to transfer real property to incorporated cities, villages, towns or counties for local governmental purposes.
Under current law, the State may only transfer surplus real property to an incorporated municipality if that property will be used by the municipality for certain designated purposes following transfer. The current allowable local uses are: parks, playgrounds, recreational facilities, mental health facilities, mental retardation facilities, reforestation, streets or highways.
Current law precludes the State from transferring surplus real property to interested municipalities for conversion to local government offices or support facilities. The Division of Military and Naval Affairs (DMNA) has determined that several of its armories are no longer needed to support the State’s organized militia. Since many of the properties in question are proximate to local government centers, this bill will enable localities to acquire such surplus properties and convert them to local government uses.
Effective immediately this bill amends section 399-z of the General Business Law to:
Currently, telemarketers are prohibited from making sales calls to individuals whose telephone numbers are on the State’s Do Not Call Registry. An exemption is allowed for telemarketers to call an individual on the registry if the call is to set up a face-to-face meeting in order to complete a sale.
Existing law also prohibits the Consumer Protection Board from contracting with a private vendor for maintenance of the Do Not Call Registry if the vendor has less than two years experience maintaining “do not call” lists, requires the Do Not Call Registry include both a registrant’s name and phone number, and limits the maximum penalty for a violation to $2,000.
The original No Telemarketing Sales Calls Law was enacted as Chapter 547 of the Laws of 2000.
This bill will improve compliance, restrain administrative costs and improve the effectiveness of the No Telemarketing Sales Calls Law by removing impediments that have been identified by registrants, the Consumer Protection Board and the telemarketing industry.
Removing names from the registry will reduce the size of the registry by fifty percent, making the registry easier to use by small telemarketers. Also, removing names will eliminate the practice where telemarketers call registrants and ask to speak to a family member whose specific name is not listed on the registry with that telephone number.
Restricting the face-to-face exemption eliminates a loophole that some telemarketers have exploited to set up face-to-face meetings that are not a normal and necessary part of the sales process.
Effective immediately, this bill amends Chapter 412 of the Laws of 1999 to extend inmate filing fees, the general filing fee and the inmate property claims exhaustion requirement to September 1, 2003. The current law will sunset on December 31, 2002.
The filing fee provisions of the Civil Practice Law and the Court of Claims Act were enacted in 1999 and ensure that inmates who wish to commence litigation in state court bear a financial cost. Many inmates file lawsuits that are non-meritorious. As a means of curtailing such litigation, it is appropriate to have in place a filing fee for inmates in the same manner that any member of the general public is required to pay. In recognition of the fact that inmates may not have the means to pay the full amount of the filing fee, these provisions allow for the imposition of a reduced filing fee, which can never be less than fifteen dollars.
Additionally, since every claimant who seeks to file an action in the Court of Claims must pay a fifty-dollar filing fee, this provision of law generates revenue from non-inmate litigants as well. To allow this law to sunset would not only result in an increased number of frivolous lawsuits filed by inmates, but would also result in a loss of revenue to the State.
Effective April 1, 2002, this bill amends Article 6 of the County Law to provide for the following:
Section 301 subdivisions 9 and 10 are repealed and new subdivisions 9, 10, and 11 which define “wireless communications device,” “wireless communications service” and “wireless communications service supplier” are added.
A new section 308-a to establish a per month surcharge, up to $.30, on wireless communications services with the following specific provisions:
Section 309 of the County Law is amended as follows:
Article 6 of the County Law presently authorizes an optional local surcharge, not to exceed $.35 per line per month, on land-based telephone services to defray local costs of providing land-based E911 services. Article 6 also establishes a $.70 monthly surcharge on cellular telephones to offset costs incurred by the State Police related to the operation of 911 emergency communications systems.
This proposal provides counties with an option to impose a surcharge on wireless communications devices to defray costs associated with implementing and operating public safety communications networks.
Revenue from the existing $.70 per month surcharge on cellular telephones is currently used to offset Division of State Police costs related to emergency response operations, and the development of a statewide communications network. In response to the terrorist attack on the World Trade Center significant new investments in security have been required. This bill will permit revenue generated by this surcharge to support public safety and security initiatives including activities related to protection against terrorist acts or threats.
“New Section 308-a is not intended to authorize municipalities to enact local laws which, directly or indirectly, prohibit wireless communications service suppliers from directing or switching emergency calls from wireless communications devices to a state police public service answering point, or require that such calls be directed or switched to a local answering point without authorization from the Superintendent of the State Police.”
This bill will also provide additional support for the Emergency Services Revolving Loan Fund in the Department of State. The fund provides low interest loans to local applicants for emergency equipment.
Section 1 sets forth the definitions of terms used in the bill and establishes eligibility requirements for participation in the retirement incentive program. Eligibility is determined at employer discretion and excludes agency heads, elected officials and employees who participate in a police and fire retirement system. An employer who elects to participate in the retirement incentive program is required to provide a 30 to 90 day open period to allow eligible employees adequate time to consider the incentive. Eligibility is targeted to positions that are to be eliminated for reasons of economy, consolidation, abolition or curtailment of governmental activities. An eligible position can also include a title into which an employee could be transferred to avoid a layoff.
Section 2 sets forth the criteria to be considered in determining whether positions should be eligible for participation in the retirement incentive program. This determination shall consider whether the abolition of positions within a title would unacceptably reduce the level of patient care, pose health and safety risks, or result in adverse budgetary implications.
Section 3 provides that eligibility for the retirement incentive shall be first determined on the basis of seniority. In addition, section 3 requires that all eligible employees serving in eligible titles who intend to participate in the incentive program provide written notice to their employer 21 days prior to the end of the program open period.
Section 4 requires certain employers to enact a local law or resolution, as appropriate, on or before August 30, 2002 in order to take advantage of the program. School districts must do so by July 26, 2002. This section also provides that the retirement incentive provided under this act will not be available to persons otherwise eligible to receive benefits under any other retirement incentive or severance program unless such person files a written statement agreeing to waive any right to payment under the other program. In addition, this section authorizes the Mayor of the City of New York to declare employees of the community colleges of the City University of New York ineligible for the program by filing a notice with the University Chancellor within 30 days of the effective date of this act.
Section 5 provides that employees are eligible for the program only if they were in active service on the effective date of this act and continue in active service up to the date immediately preceding commencement of the program open period. In addition, eligible employees must either be currently eligible to retire or be at least 50 years of age with ten or more years of service. Employees who participate in a pension plan that allows for retirement after 25 years of service without regard to age are eligible for the program as long as they meet the 25-year requirement with the service credit earned under this legislation.
Section 6 establishes the retirement incentive benefit as one-twelfth of a year of additional retirement service credit for each year of pension service credited as of the date of retirement. An eligible employee may receive a maximum of 3 years of additional retirement service credit under this program. The benefit is subject to reduction for early retirement based on the employee’s tier, age and years of service. Eligible employees who participate in an optional retirement program would receive a retirement incentive based on the following calculation: one-twelfth for each year of service multiplied by 15 percent multiplied by the employee’s annual salary up to a maximum benefit equal to 45 percent of salary. This benefit would be paid in 3 equal installments over a 2-year period following the employee’s effective date of retirement.
Section 7 provides that State employees who participate in the program may elect to defer participation in the health insurance program as well as the calculation of the value of available sick leave credits to offset the retiree’s share of health insurance premiums. In addition, State employees who retire pursuant to this act will be deemed to be in active service for the sole purpose of eligibility for certain lump sum payments authorized under collective bargaining agreements. This section also authorizes the payment of certain leave compensation in 3 installments over a 2-year period to employees who are employed by the City of New York.
Section 8 requires the elimination of any position of a State employer vacated by an employee receiving the retirement incentive, other than a position supported by Special Revenue Funds. An exception to this rule is made where another state employee can be appointed, transferred or reassigned to the vacated position in order to avoid a layoff.
Section 9 provides that an employer, other than a State employer, is not required to eliminate a position that has been vacated as a result of the retirement incentive if they can demonstrate savings of at least one-half of the total amount of the base salary of employees who receive the incentive for the 2-year period subsequent to the program.
Section 10 provides that nothing in this bill is to be used to provide a pension to an employee exceeding the limits of Internal Revenue Code (IRC) 415. However, as the IRC 415 limit is increased in subsequent years, the retirement benefit which would otherwise have been paid to any employees originally affected by the limit will be paid to the extent permitted by the new IRC 415 limit.
Section 11 requires an employee receiving the retirement incentive provided by this act to forfeit the benefit of such incentive if that employee reenters public service and joins or rejoins any public retirement plan of the State.
Section 12 provides that the retirement incentive could allow an eligible employee to exceed any maximum retirement benefit limitation.
Section 13 makes Retirement and Social Security Law (R&SSL) 430 inapplicable to any benefit or benefit improvement provided by this bill. R&SSL 430 requires an employer to begin paying for the increased cost of any benefit or benefit improvement in the fiscal year in which the benefit or benefit improvement becomes effective.
Section 14 requires employers to pay the pension costs of offering a retirement incentive program over a period not to exceed 5 years commencing in State fiscal year ending March 31, 2004.
There is no similar retirement incentive program authorized under current law.
Faced with ever-increasing fiscal constraints, it is important for the State to adopt a number of approaches to achieve budgetary savings. These budget reduction efforts necessarily include a permanent workforce reduction in certain government programs. The objective of this bill is to provide a means to achieving a targeted and permanent reduction in the public sector workforce while avoiding layoffs. This goal is accomplished by providing State and local governments with the ability to offer a retirement incentive to employees in specific titles and work locations that are determined to be less critical to governmental operations.
This bill provides the statutory authorization necessary for the administration of funds/accounts included in the SFY 2002-2003 Executive Budget. Specifically, it (1) authorizes temporary loans and the deposit of certain revenues to specific funds/accounts, (2) continues or extends various provisions of chapter 152 of the Laws of 2001 in relation to capital projects and certain certifications, (3) authorizes the issuance of certificates of participation, and (4) increases existing bond caps for various capital programs. The bill also provides the statutory authorization for the Office of General Services and the Division of the Budget to carry out certain administrative and programmatic functions.
Section 1 authorizes specific funds and accounts to receive temporary loans for the 2002-03 fiscal year.
Section 2 permanently authorizes the deposit of monies to the credit of a fund and/or an account as identified by the Director of the Budget.
Section 3 permanently authorizes the availability of an appropriation for the payment of prior years` liabilities.
Section 4 authorizes reimbursement to the General Fund for administrative costs related to the operation of the Correctional Facilities Capital Improvement Fund.
Section 5 permanently authorizes the deposit of funds into the School Tax Relief Fund.
Section 6 authorizes a transfer of funds between the State University Collection Fund and the State University Income Fund for the purpose of paying SUNY debt service if insufficient funds are available in the State University Income Fund.
Section 7 authorizes appropriation transfers for capital projects funds and requires certification of certain capital spending by the State Comptroller and designated State authorities and agencies.
Sections 8 through 13 authorize the State Comptroller to deposit reimbursements for certain capital spending from new capital appropriations contained in various Chapters of the Laws of 1997 through 2002 into the Capital Projects Fund.
Section 14 authorizes the State Comptroller to establish a process by which monies may be used to make rebates to the Federal government.
Section 15 extends authorizations in section 29 of part H of Chapter 56 of the Laws of 2000 regarding disbursements for hazardous waste site remediation projects.
Sections 16 through 18 establish a limit on the issuance of certificates of participation, and authorize the issuance of certificates of participation for financing various portions of the Budget.
Section 19 increases the bonding limit for correctional facilities to ensure that the State is reimbursed for all Department of Correctional Services capital expenditures from the Correctional Facilities Capital Improvement Fund.
Sections 20 and 21 amend paragraphs (a) of subdivisions 2 and 5, respectively, of section 47-e of the Private Housing Finance Law, as amended by Chapter 56 of the Laws of 2000, to continue the use of bond proceeds issued previously to reimburse housing programs, and increases the existing bond cap.
Section 22 increases the bonding limit for youth facilities to ensure that the State is reimbursed for all expenditures from the Youth Facilities Improvement Fund.
Section 23 establishes a limit on the issuance of bonds for the Judiciary.
Sections 24 through 28 are technical amendments that more clearly establish limits on the amount of bonds authorized to be issued for various purposes.
Section 29 establishes a sunset date relating to the power of the Commissioner of General Services to enter into contracts with counties to provide office facilities for the State.
Section 30 reclassifies the Debt Reduction Reserve Fund from a Capital Projects Fund to a Debt Service Fund.
Section 31 authorizes the Urban Development Corporation to issue bonds or notes for the purpose of financing capital improvements to the Alfred E. Smith Office Building.
Section 32 authorizes the Urban Development Corporation to issue bonds or notes for the purpose of financing the construction of a parking garage on Elk Street in the City of Albany.
Sections 33 and 34 clarify provisions relating to electronic bidding on the sale of State bonds by the State Comptroller and permits the State to provide credit enhancement when the State issues debt.
Section 35 authorizes the issuance of variable rate debt instruments.
Sections 36 through 39 reflect the repeal of section 2926 and subdivision 17 and 18 of section 3235 of the Public Authorities Law, which will be governed by provisions of article 5-d of the State Finance Law.
Section 40 amends the State Finance Law to expand the authorized investments the State Comptroller may use to refund State general obligation bonds.
Section 41 clarifies provisions of the State Finance Law to exclude debt issued pursuant to section 9 of Article VII of the Constitution.
Section 42 clarifies that the effective dates of the stabilization account appropriation are on an academic year basis.
Section 43 authorizes the State Comptroller to transfer funds to the revenue bond tax fund account of the general debt service fund for equipment financings.
Section 44 provides that Public Authorities Control Board approval is not required for refunding of State-supported debt, which have previously been approved by PACB.
Section 45 establishes a limit on the issuance of bonds for the Riverbank State Park project and for the State match for various revolving fund programs.
Section 46 details the severability clause.
Section 47 makes the act effective April 1, 2002.
State Finance Law requires statutory authorization for funds/accounts to receive temporary loans from the State Treasury. Similar provisions were enacted to implement the 2001-02 Budget and need to be extended to implement the 2002-03 Budget.
Each year comparable bills are introduced with the Executive Budget to effectuate these provisions.
This bill is necessary to execute a balanced financial plan in accordance with the 2002-03 Executive Budget. Such legislation is enacted annually to authorize loans budgeted in the financial plan but that do not have permanent statutory authorization, as well as to provide for other transactions necessary to maintain a balanced financial plan. The provisions of this bill relating to the performance of necessary administrative and programmatic functions by the Division of the Budget and the Office of General Services are also enacted annually.
Enactment of this bill is necessary to implement the 2002?03 Executive Budget which appropriates $1.3 million for the purpose of administering the New York State campus fire safety program and conducting annual fire safety inspections on all public and independent college and university campuses. The bill will grant DOS the authorization to carry out this responsibility.
Enactment of this bill is necessary to implement the 2002-2003 Executive Budget because the boat and docking fee adjustments will result in $283,000 in additional revenue to the Lake George Park Commission to support operations. The revenue from these increased fees will support the continuation of the regulatory and enforcement operations currently performed by the Commission.
Enactment of this bill is necessary to implement the 2002-2003 Executive Budget to ensure the continued receipt of federal funds for the CSBG program. The 2002-03 Executive Budget for the Department of State includes $3 million for program administration and $60 million for Community Services grants to local not-for-profit organizations.
Enactment of this bill is necessary to implement the 2002-03 Executive Budget, which includes $8 million in special revenue funding for the Department of Law to support its collection unit operations. This unit returned $76.5 million in revenues to State agencies in 2001-02 that might otherwise have been unrealized.
Should these provisions not be enacted, a portion of the $8 million in collection costs will be paid from the approximately $77 million in collected bad debt, rather than from fees assessed to the debtors.
Enactment of this bill is necessary to implement the 2002-2003 Executive Budget. The licensing fee increases will result in additional revenue ($2.6 million to the Business and Licensing Services account) which will allow investments of $2.6 million in automation and Internet computer capability and should lead to out-year agency operating efficiencies.
Enactment of this bill is necessary to implement the 2002-2003 Executive budget because non-compliance with Federal sex offender registry laws jeopardizes full receipt of Edward Byrne Formula Grant funds. New York State has been notified of the potential loss of 10 percent-approximately $3 million at current federal appropriation levels-of this Federal grant if proposed changes to State law are not enacted before the 2002 Byrne award is granted.
Enactment of this bill is necessary because existing law governing the allocation of general purpose local government aid sunsets on March 31, 2002.
This bill will take effect April 1, 2002, provided that if it becomes a law later than this date it will take effect immediately and have full force and effect on and after April 1, 2002.
The 2002-03 Executive budget reflects the recommended closure of five armories during the course of the fiscal year. As some of the targeted facilities are located within municipalities that have expressed interest in acquiring them for their own administrative use, this bill will facilitate the real property disposal process, thereby enabling the agency to realize the General Fund savings that were included in the 2002-03 Executive Budget recommendations.
Enactment of this bill is necessary to implement the 2002-2003 Executive Budget because it will provide additional revenue, estimated at $350,000, needed to operate the Do Not Call Registry.
Enactment of this bill is necessary to implement the 2002-03 Executive Budget because it will keep operational spending at DOCS at the current level by containing the amount of administrative and legal staff time devoted to frivolous inmate lawsuits. In addition, failure to extend these filing fee provisions will result in a minor loss of revenue estimated at less than $100,000.
Enactment of this bill is necessary to implement the 2002-03 Executive Budget. This bill permits use of cellular surcharge revenue to support costs related to other State public safety, security and emergency services programs concerning the detection, protection against and response and recovery from terrorist acts or threats. Revenues for such purposes are estimated to be $40 million in 2002-03.
This bill would permit counties and New York City to generate up to $28 million in new revenue in 2002-03. An estimated $35 million and $44 million in new revenue could be generated for 2003-04 and 2004-05, respectively.
The additional cost for each employee who receives a retirement incentive benefit will vary depending on the employee’s age, years of service, plans and salary. Retirement system actuaries estimate the per-member cost of this benefit will average between 50 percent and 75 percent of a participant’s final average salary. This cost will be borne by employers who offer the program over a five-year period commencing with a payment in the 2003-2004 fiscal year. The 2000-2001 fiscal year retirement incentive program offered by the State resulted in a five-year cost of $44 million for 1,251 participants in the New York State and Local Employees’ Retirement System.
This bill is necessary to execute a balanced financial plan in accordance with the 2002-03 Executive Budget. Such legislation is enacted annually to authorize loans budgeted in the financial plan but that do not have permanent statutory authorization, as well as to provide for other transactions necessary to maintain a balanced financial plan. This bill is also necessary to reimburse approximately $1.7 billion in projected capital projects funds spending with the proceeds of bonds sold by public authorities, to ensure the continued tax-exempt status and interest rate of certain outstanding General Obligation and Authority Bonds, and to permit the State to carry out basic administrative functions.
Part A shall take effect January 1, 2003, provided that the office of fire prevention and control shall have the authority to adopt such rules and regulations and take any actions in advance of such date which are necessary to implement the provisions of this act.
Parts B, G, H, K and L shall take effect April 1, 2002; provided, however, if this act shall become a law after such date they shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2002.
Part C shall take effect April 1, 2002; provided, however, if this act shall become a law after such date they shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2002; provided, however, that the amendments to subdivision 2 of section 159-e and section 159-i of the Executive Law made by sections 1 and 2 of this part shall not affect the expiration of such sections as provided by section 5 of chapter 728 of the laws of 1982, as amended, and shall be deemed to expire therewith.
Part D shall take effect immediately and shall apply to any action or proceeding pending or commenced on or after such date.
Part E shall take effect 90 days after it shall have become a law.
Part F shall take effect immediately; provided, however, that the amendments made to subdivisions 2 and 3 of section 168-a of the Correction Law by sections 1, 2 and 3 of this part shall apply to persons convicted of an offense committed prior to such date who, on such date, have not completed service of the sentence imposed thereon.
Parts I, J and M shall take effect immediately.
Part N shall take effect April 1, 2002; provided, however, that if this act shall take effect after such date it shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2002; provided, further, that sections 1, 4, 7 through 15, 17 and 18 of this part shall expire March 31, 2003 when upon such date the provisions of such sections shall be deemed repealed.