S. 6056/ A. 9556
STATE OF NEW YORK
________________________________________________________________________
S. 6056 A. 9556
SENATE - ASSEMBLY
January 21, 2004
___________
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 executive law, in relation to the division of crimi-
nal justice services and the crime victims board; and repealing
certain provisions of such law relating thereto (Part A); to amend the
vehicle and traffic law, in relation to the parking ticket surcharge
(Part B); to amend the insurance law and the state finance law, in
relation to motor vehicle law enforcement fees (Part C); to amend the
criminal procedure law, in relation to police officer statements and
business records as evidence in grand jury proceedings (Part D); to
amend the alcoholic beverage control law, in relation to adjusting the
fees for the filing of an application or permit (Part E); to amend the
insurance law, in relation to authorizing the use of owner controlled
insurance programs for certain public construction contracts (Part F);
to amend the civil service law and the state finance law, in relation
to the health insurance fund (Part G); to amend the retirement and
social security law, the general municipal law and the local finance
law, in relation to pension funding reform (Part H); to amend the
penal law, in relation to gun licensing fees (Part I); to amend the
insurance law, in relation to motor vehicle law enforcement fees
imposed at the local level (Part J); to amend the general business
law, in relation to the penalty for unfair and deceptive business
practices (Part K); to amend the alcoholic beverage control law and
the executive law, in relation to eliminating the state liquor author-
ity and to provide for the continuation of the authority's powers and
duties; and to repeal certain provisions of the alcoholic beverage
control law and the executive law relating thereto (Part L); to amend
the executive law, in relation to violation of parole, conditional
release or post-release supervision (Part M); to amend the workers'
compensation law, in relation to requiring transcripts of legal
proceedings (Part N); to amend the executive law, in relation to
increasing the fee paid by nuclear power generating plant operators in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12130-01-4
S. 6056 2 A. 9556
support of state and local radiological emergency preparedness
requirements (Part O); to amend the general business law, in relation
to the no telemarketing sales call statewide registry (Part P); to
amend the penal law, in relation to aggregate weight standards for
controlled substance offenses (Part Q); to amend the general business
law, in relation to settling claims under the motor fuel marketing
practices act (Part R); to amend the executive law, in relation to
establishing a cap on medical expenses and mandating that acceptance
of payment by the crime victims board to a medical provider consti-
tutes payment in full (Part S); to amend the public authorities law
and the county law, in relation to the promotion of intergovernmental
cooperation for the deployment of enhanced wireless 911 service and to
clarify that each cooperating entity is eligible for funding or
reimbursement of eligible wireless 911 service costs (Part T); to
amend the banking law, in relation to the authority of the superinten-
dent of banks to set certain assessments, fees and penalties (Part U);
to amend the penal law, in relation to establishing a supplemental sex
offender victim fee (Part V); to repeal subdivision 6 of section 60.35
of the penal law relating to exempting defendants who pay restitution
or reparation from the mandatory surcharge and crime victim assistance
fee (Part W); to amend the correction law, the criminal procedure law,
the domestic relations law, the executive law and the penal law, in
relation to a local electronic monitoring and drug testing administra-
tive fee; and to amend chapter 55 of the laws of 1992 amending the tax
law and other laws relating to taxes, surcharges, fees and funding, in
relation to extending the expiration of certain provisions of such
chapter (Part X); to amend the penal law and the vehicle and traffic
law, in relation to the imposition of a mandatory surcharge and crime
victim assistance fee upon youthful offenders (Part Y); to amend the
vehicle and traffic law, in relation to the prosecution of traffic
offenses (Part Z); to amend the military law, in relation to increas-
ing the minimum rate of pay for New York national guard members called
by the governor to state active duty (Part AA); to amend the state
finance law, in relation to the indigent legal services fund; and to
repeal subdivision 2 of section 722-f of the county law relating to
reporting requirements for indigent legal services (Part BB); to amend
the vehicle and traffic law, in relation to the denial of registration
or renewal for certain violations; in relation to the suspension of
registration for failure to answer or pay penalties with respect to
certain violations; and, in relation to establishing a photo-monitor-
ing program to impose fines for failing to obey work zone speed limits
(Part CC); to amend the general business law, in relation to registra-
tion and renewal fees for athlete agents (Part DD); to amend the civil
service law, in relation to imposing new fees for certain labor
dispute resolution filings (Part EE); to amend the executive law, in
relation to the revocation of parole (Part FF); in relation to provid-
ing for the administration of certain funds and accounts related to
the 2004-2005 budget; in relation to authorizing certain payments and
transfers; to amend the state finance law, in relation to the school
tax relief fund; to amend the state finance law, in relation to the
issuance of certificates of participation; to amend the private hous-
ing finance law, in relation to housing program bonds and notes; to
amend chapter 389 of the laws of 1997, relating to the financing of
the correctional facilities improvement fund and the youth improvement
fund, in relation to the issuance of bonds; to amend the public
authorities law, in relation to certain indebtedness; to amend chapter
S. 6056 3 A. 9556
81 of the laws of 2002, relating to providing for the administration
of certain funds and accounts related to the 2002-2003 budget, in
relation to the issuance of bonds; to amend the state finance law, in
relation to the issuance of state-supported debt; to amend the public
authorities law, in relation to the powers of the dormitory authority;
to amend the education law, in relation to the financing of certain
capital costs; to amend the state finance law, in relation to the
community college tuition and instructional income fund and variable
rate bonds; to repeal section 97-n of the state finance law, relating
to the Hudson river valley greenway fund; to repeal section 94-c of
the state finance law, relating to the supplemental jury facilities
fund; to repeal section 97-fff of the state finance law, relating to
the Hudson river park fund; and providing for the repeal of certain
provisions upon expiration thereof (Part GG); to amend the state
finance law, in relation to continuing unrestricted aid to local
governments at prior year levels and on currently observed payment
dates (Part HH); to amend the civil service law, in relation to the
consideration of ability to pay in the determination of arbitration
awards; to amend the general municipal law, the state finance law, the
education law, the environmental conservation law, the highway law,
the labor law, the public authorities law, the county law, the facili-
ties development corporation act, chapter 560 of the laws of 1980
relating to authorizing the city of New York to adopt a solid waste
management law, the New York state urban development corporation act,
chapter 345 of the laws of 1968 relating to establishing a United
Nations development district and formulating and administering plans
for the development of such district, chapter 35 of the laws of 1979
relating to appropriating funds to the New York state urban develop-
ment corporation, chapter 735 of the laws of 1979 relating to provid-
ing for construction of an American stock exchange/office facility in
New York county, chapter 825 of the laws of 1987 amending the public
authorities law and other laws relating to the construction and
improvement of court facilities, and chapter 592 of the laws of 1998
constituting the Hudson river park act, in relation to requirements
for separate contracts for certain public works; to amend the civil
practice law and rules, in relation to payment of certain podiatric
expenses; to amend the general municipal law, the public housing law,
the state finance law, and chapter 585 of the laws of 1939 relating to
the rate of interest to be paid by certain public corporations upon
judgments and accrued claims, in relation to the rate of interest on
judgments; to amend the education law, the public authorities law, the
public housing law, the racing, pari-mutuel wagering and breeding law,
and the New York city health and hospitals corporation act, in
relation to providing for the exclusive jurisdiction of the court of
claims over claims against boards of education and school districts,
the community colleges of the city university of New York, the New
York city transit authority, the metropolitan transportation authori-
ty, the triborough bridge and tunnel authority, the New York city
housing authority, the New York city off-track betting corporation and
the New York city health and hospitals corporation, and claims against
the officers and employees thereof that arise out of their employment,
for damages for personal injury, injury to property and wrongful
deaths; to amend the general municipal law and the public officers
law, in relation to the authorization of intermunicipal agreements; to
amend the general municipal law, in relation to the merger and consol-
idation of municipal governments; and to repeal section 101 of the
S. 6056 4 A. 9556
general municipal law, section 135 of the state finance law, section
151-a of the public housing law, subdivisions 1 and 2 of section 458
of the education law, subdivisions 1 and 2 of section 482 of the
education law, subdivision (b) of section 6281 of the education law,
paragraph f of subdivision 27 of section 1680 of the public authori-
ties law, paragraph b of subdivision 1 of section 1734 of the public
authorities law, subdivision 2 of section 2350-o of the public author-
ities law, paragraph (a) of subdivision 6 of section 2466 of the
public authorities law, subdivision 1 of section 2722 of the public
authorities law, section 11 of chapter 795 of the laws of 1967 relat-
ing to the construction of boards of cooperative educational services
buildings, section 9 of chapter 892 of the laws of 1971 amending the
public authorities law relating to construction by the dormitory
authority, section 21 of chapter 464 of the laws of 1972 amending the
public authorities law and other laws relating to providing facilities
for community colleges and the powers of the state university trus-
tees, and section 29 of chapter 337 of the laws of 1972, amending the
correction law and other laws relating to facilities for the depart-
ment of correctional services, subdivisions (a) and (b) of section
4545 of the civil practice law and rules, and subdivision (e) of rule
4111 of the civil practice law and rules, relating thereto (Part II);
to amend the public authorities law and the state finance law, in
relation to creating fiscal stability bonds for eligible cities (Part
JJ); to amend the public authorities law, in relation to authorizing
an extension of the bonding authority for the municipal assistance
corporation for the city of New York (MAC); to amend the tax law, in
relation to the temporary sales tax assistance for cities of one
million or more; to amend the vehicle and traffic law, in relation to
expanding authorization to the city of New York to install and operate
red-light cameras at no more than one hundred fifty intersections at
any one time; to amend chapter 746 of the laws of 1988, amending the
vehicle and traffic law and other laws relating to the civil liability
of vehicle owners for traffic control signal violations, in relation
to making the provisions thereof permanent; to amend the administra-
tive code of the city of New York, in relation to the placement of
traffic-control signal violation-monitoring devices and the reporting
of such; to amend local law number 46 of the city of New York for the
year 1989 amending the administrative code of the city of New York,
relating to civil liability of vehicle owners for traffic control
signal violations, in relation to the issuance of bonds; to amend the
public authorities law, in relation to establishing the New York city
transitional finance authority (TFA) as a permanent ongoing borrowing
mechanism for the city of New York; to amend the local finance law, in
relation to granting authorization to the city of New York to create a
new general debt service fund and statutory lien to secure such debt;
to amend the local finance law, in relation to limitation on amount of
local contract indebtedness; to repeal part A4 of chapter 62 of the
laws of 2003, amending the public authorities law relating to payments
made to the city of New York; to repeal part V of chapter 63 of the
laws of 2003, amending the public authorities law relating to payments
made to the city of New York; and to repeal part K of chapter 686 of
the laws of 2003, amending the tax law, the New York state financial
emergency act for the city of New York and the public authorities law
relating to termination of certain taxes in a city with a population
of one million or more and the termination of the municipal assistance
corporation for the city of New York (Part KK)
S. 6056 5 A. 9556
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 2004-2005
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through KK. 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 621 of the executive law is amended by adding two
14 new subdivisions 23 and 24 to read as follows:
15 23. "Commissioner" shall mean the commissioner of the division of
16 criminal justice services.
17 24. "Division" shall mean the division of criminal justice services.
18 § 2. The section heading and subdivision 1 of section 622 of the exec-
19 utive law, the section heading as added by chapter 894 of the laws of
20 1966, subdivision 1 as amended by chapter 17 of the laws of 1982, are
21 amended to read as follows:
22 Crime victims [compensation] board. 1. There is hereby created in the
23 executive department within the division of criminal justice services, a
24 board, to be known as the crime victims board. Such board shall consist
25 of five members, no more than three of whom shall belong to the same
26 political party, who shall be appointed by the governor by and with the
27 advice and consent of the senate. Three of the members appointed by the
28 governor shall have been admitted to practice law in the state of New
29 York for not less than five years next preceding their appointment.
30 § 3. Section 623 of the executive law is REPEALED and a new section
31 623 is added to read as follows:
32 § 623. Powers and duties of the crime victims board. The board shall
33 have the following powers and duties:
34 1. To hear and determine all claims for awards filed with the board
35 pursuant to this article, and to reinvestigate or reopen cases as the
36 board deems necessary.
37 2. To direct medical examination of victims.
38 3. To hold hearings, administer oaths or affirmations, examine any
39 person under oath or affirmation and to issue subpoenas requiring the
40 attendance and giving of testimony of witnesses and require the
41 production of any books, papers, documentary or other evidence. The
42 powers provided in this subdivision may be delegated by the board. A
43 subpoena issued under this subdivision shall be regulated by the civil
44 practice law and rules.
45 4. To take or cause to be taken affidavits or depositions within or
46 without the state.
47 5. To establish and maintain a special investigative unit to expedite
48 processing of claims by senior citizens and special emergency situ-
49 ations, and to promote the establishment of a volunteer program of home
50 visitation to elderly and invalid victims of violent crime.
S. 6056 6 A. 9556
1 6. To delegate the power to disallow claims under circumstances where
2 regulations of the division provide for disallowance without prejudice
3 to the reopening of claims. To request from the division of state
4 police, from county or municipal police departments and agencies and
5 from any other state or municipal department or agency, or public
6 authority, and the same are hereby authorized to provide, such assist-
7 ance and data as will enable the board to carry out its functions and
8 duties.
9 7. To advise and assist the commissioner in developing policies
10 designed to recognize the legitimate rights, needs and interests of
11 crime victims.
12 8. To advise and assist the commissioner in the development of a state
13 strategy for coordinating programs, grants and activities relating to
14 crime victims.
15 9. To advise and assist the commissioner in the development of local
16 programs for crime victims and to review and make recommendations to the
17 commissioner on grant awards for victim services.
18 10. To study the operation of laws and procedures affecting crime
19 victims and recommend to the commissioner proposals to improve the
20 administration and effectiveness of such laws.
21 11. To establish an advisory council to assist in formulation of poli-
22 cies on the problems of crime victims.
23 12. To advise and assist the commissioner in advocating the rights and
24 interests of crime victims of the state before federal, state and local
25 administrative, regulatory, legislative, judicial and criminal justice
26 agencies.
27 13. To recommend to the commissioner studies, research, analyses and
28 investigations of matters affecting the interests of crime victims.
29 14. To sponsor conferences relating to the problems of crime victims.
30 15. To serve as a clearinghouse for information relating to crime
31 victims' problems and programs.
32 16. To render each year to the commissioner, on or before December
33 first of each year, a written report on the board's activities includ-
34 ing, but not limited to, specific information on each of the subdivi-
35 sions of this section, and the manner in which the rights, needs and
36 interests of crime victims are being addressed by the state's criminal
37 justice system. Such report shall also include, but not be limited to:
38 (a) Information transmitted by the state division of probation and
39 correctional alternatives under subdivision five of section 390.30 of
40 the criminal procedure law and subdivision seven of section 351.1 of the
41 family court act which the board shall compile, review and make recom-
42 mendations on how to promote the use of restitution and encourage its
43 enforcement.
44 (b) Information relating to the implementation of and compliance with
45 article twenty-three of this chapter by the criminal justice agencies
46 and the "crime victim-related agencies" of the state.
47 § 4. The executive law is amended by adding a new section 623-a to
48 read as follows:
49 § 623-a. Powers and duties of the commissioner. The commissioner
50 shall have the following powers and duties:
51 1. Make, execute, and deliver contracts, conveyances, and other
52 instruments necessary to effect the purposes and objectives of this
53 article.
54 2. Accept any grant, including federal grants, or any other contrib-
55 utions for the purposes of this article.
56 3. Make grants for the purposes of this article.
S. 6056 7 A. 9556
1 4. Appoint such employees and agents as the commissioner may deem
2 necessary, fix their compensation within limitations provided by law,
3 and prescribe their duties.
4 5. Adopt, amend, or rescind such rules and regulations as may be
5 necessary or convenient to carry out the functions, powers and duties
6 expressly set forth in this article.
7 6. Do all other things necessary or convenient to carry out the func-
8 tions, powers and duties expressly set forth in this article.
9 7. Cooperate with and assist political subdivisions of the state in
10 the development of local programs for crime victims.
11 8. Promote and conduct studies, research, analyses and investigations
12 of matters affecting the interests of crime victims.
13 9. Render each year to the governor and to the legislature, on or
14 before December first of each year, a written report of the board and
15 the division activities pursuant to this article, including but not
16 limited to the manner in which the rights, needs and interests of crime
17 victims are being addressed by the state's criminal justice system.
18 § 5. Subdivision 2 of section 624 of the executive law, as amended by
19 chapter 859 of the laws of 1990, is amended to read as follows:
20 2. A person who is criminally responsible for the crime upon which a
21 claim is based or an accomplice of such person shall not be eligible to
22 receive an award with respect to such claim. A member of the family of
23 a person criminally responsible for the crime upon which a claim is
24 based or a member of the family of an accomplice of such person, shall
25 be eligible to receive an award, unless the board determines pursuant to
26 regulations adopted by the [board] division, that the person criminally
27 responsible will receive substantial economic benefit or unjust enrich-
28 ment from the compensation. In such circumstances the award may be
29 reduced or structured in such way as to remove the substantial economic
30 benefit or unjust enrichment to such person or the claim may be denied.
31 § 6. Subdivision 3 of section 625 of the executive law, as added by
32 chapter 894 of the laws of 1966, is amended to read as follows:
33 3. Claims shall be filed in the principal office of the [secretary of
34 the] board in person or by mail. The [secretary of the] board shall
35 accept for filing all claims submitted by persons eligible under subdi-
36 vision one of this section and alleging the jurisdictional requirements
37 set forth in this article and meeting the requirements as to form in the
38 rules and regulations of the [board] division.
39 § 7. Subdivision 1 of section 625-a of the executive law, as amended
40 by chapter 688 of the laws of 1985, is amended to read as follows:
41 1. Every police station, precinct house, any appropriate location
42 where a crime may be reported and any location required by the rules and
43 regulations of the [board] division shall have available informative
44 booklets, pamphlets and other pertinent written information, including
45 information cards, to be supplied by the board, relating to the avail-
46 ability of crime victims compensation including all necessary applica-
47 tion blanks required to be filed with the board and shall display promi-
48 nently posters giving notification of the existence and general
49 provisions of this article, those provisions of the penal law that
50 prohibit the intimidation of crime victims and the location of the near-
51 est crime victim service program. The board may issue guidelines for the
52 location of such display and shall provide posters, application forms,
53 information cards and general information. Every victim who reports a
54 crime in any manner whatsoever shall be supplied by the person receiving
55 the report with information, application blanks, and information cards
56 which shall clearly state: (a) that crime victims may be eligible for
S. 6056 8 A. 9556
1 state compensation benefits; (b) the address and phone number of the
2 nearest board office; (c) that police and district attorneys can help
3 protect victims against harassment and intimidation; (d) the addresses
4 and phone numbers of local victim service programs, where appropriate,
5 or space for inserting that information; or (e) any other information
6 the board deems appropriate. Such cards shall be designed by the board
7 in consultation with local police, and shall be printed and distributed
8 by the board.
9 § 8. Subdivision 2 of section 626 of the executive law, as amended by
10 chapter 276 of the laws of 1998, is amended to read as follows:
11 2. Out-of-pocket loss shall also include the cost of counseling for a
12 child victim and the parent, stepparent, grandparent, guardian, brother,
13 sister, stepbrother or stepsister of such victim, pursuant to regu-
14 lations of the [board] division.
15 § 9. Subdivisions 2 and 7 of section 627 of the executive law, subdi-
16 vision 2 as amended by chapter 346 of the laws of 1986, and subdivision
17 7 as amended by chapter 269 of the laws of 1996 and as renumbered by
18 chapter 148 of the laws of 2000, are amended to read as follows:
19 2. The board member to whom such claim is assigned shall cause an
20 investigation to be conducted into the validity of such claim. The board
21 may, by written designation, delegate [to specified employees] the power
22 to disallow claims in cases where regulations of the [board] division
23 require disallowance without prejudice to the reopening of the claim.
24 The decision of a designated employee made pursuant to any such deleg-
25 ation shall be deemed the decision of the board member to whom the claim
26 was assigned [when filed with the secretary in accordance with subdivi-
27 sion seven of this section].
28 7. The board member making a decision shall [file with the secretary]
29 prepare a written report setting forth such decision and his or her
30 reasons therefor. The [secretary] board shall immediately thereupon
31 notify the claimant and furnish him or her a copy of such report. If the
32 board member determines that the claimant is entitled to an award and
33 payment of the award is not available at the time notice is made to the
34 claimant, such notice shall project a date when payment shall be forth-
35 coming.
36 § 10. Subdivisions 3 and 4 of section 628 of the executive law, subdi-
37 vision 3 as amended by chapter 952 of the laws of 1976, and subdivision
38 4 as amended by chapter 74 of the laws of 1986, are amended to read as
39 follows:
40 3. Upon receipt of an application pursuant to subdivision one or two
41 of this section, the chairman of the board shall designate three members
42 of the board not including the board member who made the decision to
43 review the record and affirm or modify the decision of the board member
44 to whom the claim was assigned. For the purpose of such review the three
45 members of the board so designated shall constitute the board. The
46 action of the board in affirming or modifying such decision shall be the
47 final decision of the board. The board shall [file with the secretary of
48 the board] prepare a written report setting forth its decision, and if
49 such decision varies in any respect from the report of the board member
50 to whom the claim was assigned setting forth its reasons for such deci-
51 sion. If the chairman of the board receives no application pursuant to
52 subdivision one or two of this section, the decision of the board member
53 to whom the claim was assigned shall become the final decision of the
54 board.
S. 6056 9 A. 9556
1 4. The [secretary of the] board shall promptly notify the claimant and
2 the comptroller of the final decision of the board and furnish each with
3 a copy of the report setting forth such decision.
4 § 11. Paragraph (e) of subdivision 6 of section 631 of the executive
5 law, as added by chapter 810 of the laws of 1983, is amended to read as
6 follows:
7 (e) The [board] division shall establish such rules and regulations as
8 are necessary for the implementation of this section.
9 § 12. Section 631-a of the executive law, as added by chapter 688 of
10 the laws of 1985, subdivision 2 as amended by chapter 263 of the laws of
11 1986, is amended to read as follows:
12 § 631-a. Crime victim service programs. 1. The crime victims board
13 shall [make grants] recommend to the commissioner, within amounts appro-
14 priated for that purpose, grants for crime victim service programs to
15 provide services to crime victims and witnesses. These programs shall be
16 operated at the community level by not-for-profit organizations, by
17 agencies of local government or by any combination thereof. Crime victim
18 service programs may be designed to serve crime victims and witnesses in
19 general in a particular community, or may be designed to serve a catego-
20 ry of persons with special needs relating to a particular kind of crime.
21 2. The [crime victims board] division shall promulgate regulations,
22 relating to these grants, including guidelines for its determinations.
23 (a) These regulations shall be designed to promote:
24 (i) alternative funding sources other than the state, including local
25 government and private sources;
26 (ii) coordination of public and private efforts to aid crime victims;
27 and
28 (iii) long range development of services to all victims of crime in
29 the community and to all victims and witnesses involved in criminal
30 prosecutions.
31 (b) These regulations shall also provide for services including, but
32 not limited to:
33 (i) assistance to claimants seeking crime victims compensation bene-
34 fits;
35 (ii) referrals, crisis intervention and other counseling services;
36 (iii) services to elderly victims and to child victims and their fami-
37 lies;
38 (iv) transportation and household assistance; and
39 (v) outreach to the community and education and training of law
40 enforcement and other criminal justice officials to the needs of crime
41 victims.
42 3. The [crime victims board] division shall prepare an annual report
43 to the governor and the legislature, on or before December first of each
44 year on crime victim service programs; including:
45 (a) the programs funded by the [board] division;
46 (b) other sources of funding for crime victim service programs;
47 (c) an assessment of the adequacy of the current level of appropri-
48 ation to the board to meet the reasonable needs of crime victim service
49 programs for funding under this section; and
50 (d) an estimate of the reasonable needs of programs in the next fiscal
51 year.
52 § 13. Subparagraph (iv) of paragraph (a) of subdivision 7 of section
53 632-a of the executive law, as added by chapter 62 of the laws of 2001,
54 is amended to read as follows:
55 (iv) The [board] division shall adopt, promulgate, amend and repeal
56 administrative rules and regulations governing the procedures to be
S. 6056 10 A. 9556
1 followed with respect to hearings, including rules and regulations for
2 the administrative appeal of a decision made pursuant to this paragraph,
3 provided such rules and regulations are consistent with the provisions
4 of this subdivision.
5 § 14. Subdivisions 5 and 6 of section 634 of the executive law, subdi-
6 vision 5 as added by chapter 513 of the laws of 1982, and subdivision 6
7 as added by chapter 477 of the laws of 1986, are amended to read as
8 follows:
9 5. The [board] division shall adopt rules and regulations to carry out
10 the provisions and purposes of this section.
11 6. The board shall compile information on the number of cases submit-
12 ted to the attorney general, the number of actions instituted by the
13 attorney general to recover payments made to crime victims, the dollar
14 amount of recoveries made in such actions both on behalf of the state
15 and any awards made to victims who intervene in such actions. The board
16 shall include this information, and any recommendations to the [governor
17 and legislature] commissioner to improve the collection of awards, in
18 its annual report to the commissioner.
19 § 15. All board members of the crime victims board who were appointed
20 by the governor and who hold such office on the effective date of this
21 act shall be continued in their respective positions to serve their
22 respective terms without further consent of the senate.
23 § 16. All rules, regulations, acts, orders, determinations and deci-
24 sions of the former crime victims board in force at the time this law
25 takes effect shall continue in force and effect until duly modified or
26 abrogated by the commissioner of the division of criminal justice
27 services.
28 § 17. Wherever the crime victims board is referred to in any law or
29 contract or document pertaining to the functions, powers, obligations
30 and duties hereby transferred and assigned, such reference or desig-
31 nation shall be deemed to refer to the successor crime victims board and
32 the division of criminal justice services as provided in this act.
33 § 18. Any business or other matter undertaken or commenced by the
34 former crime victims board pertaining to or connected with the func-
35 tions, powers, duties and obligations hereby transferred and assigned to
36 the successor crime victims board and the division of criminal justice
37 services shall be completed and conducted by the successor crime victims
38 board and the division of criminal justice services as provided in this
39 act.
40 § 19. Transfer of records. All books, papers, and property of the
41 former crime victims board with respect to the functions, powers, and
42 duties transferred by sections one through twenty-three of this act are
43 to be delivered to the successor crime victims board within the division
44 of criminal justice services in such a manner as the commissioner of the
45 division of criminal justice services requires.
46 § 20. No existing right or remedy of any character shall be lost,
47 impaired or affected by reason of sections one through fourteen of this
48 act.
49 § 21. No action or proceeding pending at the time when sections one
50 through fourteen of this act shall take effect relating to the func-
51 tions, powers and duties of the former crime victims board shall be
52 affected by any provisions of sections one through fourteen of this act.
53 § 22. Subject to the approval of the director of the budget, all
54 appropriations and reappropriations heretofore made to the former crime
55 victims board for the functions and purposes herein transferred by
56 sections one through fourteen of this act to the successor crime victims
S. 6056 11 A. 9556
1 board and the division of criminal justice services to the extent of
2 remaining unexpended or unencumbered balances thereof, are hereby trans-
3 ferred to and made available for use and expenditure by the division of
4 criminal justice services for the purposes for which originally appro-
5 priated or reappropriated and shall be payable on vouchers certified or
6 approved by the commissioner of the division of criminal justice
7 services as the case may be on audit and warrant of the comptroller.
8 Payments for liabilities for expenses of personal services, maintenance
9 and operation heretofore incurred by and for liabilities incurred and to
10 be incurred in completing the affairs of the former crime victims board
11 with respect to the powers, duties and functions transferred herein,
12 shall also be made on vouchers or certificates approved by the commis-
13 sioner of the division of criminal justice services on audit and warrant
14 of the comptroller.
15 § 23. Transfer of assets and liabilities. All assets and liabilities
16 of the former crime victims board are hereby transferred and assumed by
17 the division of criminal justice services.
18 § 24. Severability clause. If any clause, sentence, paragraph, subdi-
19 vision, section or part of this act shall be adjudged by any court of
20 competent jurisdiction to be invalid, such judgment shall not affect,
21 impair, or invalidate the remainder thereof but shall be confined in its
22 operation to the clause, sentence, paragraph, subdivision, section or
23 part thereof directly involved in the controversy in which such judgment
24 shall have been rendered. It is hereby declared to be the intent of the
25 legislature that this act would have been enacted even if such invalid
26 provisions had not been included herein.
27 § 25. This act shall take effect immediately and shall be deemed to
28 have been in full force and effect on and after April 1, 2004.
29 PART B
30 Section 1. Subdivision 1 of section 1809-a of the vehicle and traffic
31 law, as amended by section 21 of part J of chapter 62 of the laws of
32 2003, is amended to read as follows:
33 1. The provisions of any other general or special law notwithstanding,
34 whenever[, in a city having a population of one hundred thousand or more
35 according to the nineteen hundred eighty United States census,]
36 proceedings in an administrative tribunal or a court result in a finding
37 of liability, or conviction for the violation of any statute, local law,
38 ordinance or rule involving the parking, stopping or standing of a motor
39 vehicle, there shall be levied a mandatory surcharge in addition to any
40 other sentence, fine or penalty otherwise permitted or required, in the
41 amount of fifteen dollars. Such surcharge shall not be deemed a monetary
42 penalty for the purposes of section two hundred thirty-seven of this
43 chapter or section 19-203 of the administrative code of the city of New
44 York.
45 § 2. This act shall take effect immediately; and provided that the
46 amendments to subdivision 1 of section 1809-a of the vehicle and traffic
47 law made by section one of this act shall not affect the repeal of such
48 section and shall be deemed repealed therewith.
49 PART C
50 Section 1. Subsections (e) and (f) of section 9110 of the insurance
51 law, as amended by chapter 170 of the laws of 1994, are amended to read
52 as follows:
S. 6056 12 A. 9556
1 (e) All moneys received by the superintendent which are collected from
2 policyholders of insurance on passenger motor vehicles subject to the
3 provisions of paragraph [(a)] a of subdivision six of section four
4 hundred one of the vehicle and traffic law shall be paid to the state
5 police motor vehicle law enforcement account established pursuant to
6 section ninety-seven-mm of the state finance law, as added by section
7 387 of chapter 55 of the laws of 1992, by the tenth day of the month
8 following receipt of such collections. By the end of each fiscal year,
9 any moneys paid to the state police motor vehicle law enforcement
10 account established pursuant to section ninety-seven-mm of the state
11 finance law, as added by section 387 of chapter 55 of the laws of 1992,
12 which exceed [nine] sixty million [one] four hundred thousand dollars
13 shall be paid to the motor vehicle theft and insurance fraud prevention
14 fund established pursuant to section eighty-nine-d of the state finance
15 law.
16 (f) [All moneys] Each fiscal year, the first four million seven
17 hundred thousand dollars received by the superintendent which are
18 collected from policyholders of insurance on all other motor vehicles
19 shall be paid to the motor vehicle theft and insurance fraud prevention
20 fund established pursuant to section eighty-nine-d of the state finance
21 law. After four million seven hundred thousand dollars has been
22 collected additional moneys received by the superintendent which are
23 collected from policyholders of insurance on all other motor vehicles
24 shall be paid to the state police motor vehicle law enforcement account
25 established pursuant to section ninety-seven-mm of the state finance
26 law, as added by section 387 of chapter 55 of the laws of 1992, until
27 the state police motor vehicle law enforcement account has received from
28 all sources a total of sixty million four hundred thousand dollars.
29 § 2. Subdivisions 2 and 3 of section 97-mm of the state finance law,
30 as added by chapter 55 of the laws of 1992, are amended to read as
31 follows:
32 2. The state police motor vehicle law enforcement account shall
33 consist of all moneys received by the state pursuant to subsection (e)
34 of section nine thousand one hundred ten of the insurance law and any
35 moneys received by the state pursuant to subsection (f) of section nine
36 thousand one hundred ten of the insurance law that are transferred to
37 the account and all other grants, bequests or other moneys credited,
38 appropriated, or transferred thereto from any other fund or source.
39 3. [Moneys] Nine million one hundred thousand dollars annually of the
40 state police motor vehicle law enforcement account, following appropri-
41 ation by the legislature and allocation by the director of the budget,
42 shall be made available for the state operation expenses of the division
43 of state police including but not limited to the costs of activities
44 relating to the detection, prosecution or reduction of automobile theft
45 and related purposes. All other moneys of the state police motor vehicle
46 law enforcement account, following appropriation by the legislature and
47 allocation by the director of the budget, shall be made available for
48 the state operation expenses of the division of state police including
49 but not limited to the costs of activities relating to highway safety
50 and public security.
51 § 3. This act shall take effect April 1, 2004, provided, however,
52 that:
53 1. if the reversion of subsection (e) of section 9110 of the insurance
54 law and subdivision 3 of section 97-mm of the state finance law reverts
55 on March 31, 2004 and this act shall have become a law after April 1,
S. 6056 13 A. 9556
1 2004, this act shall take effect immediately and shall be deemed to have
2 been in full force and effect on and after April 1, 2004;
3 2. if the reversion of subsection (e) of section 9110 of the insurance
4 law and subdivision 3 of section 97-mm of the state finance law reverts
5 after March 31, 2004 this act shall take effect on the same date such
6 subsection and such subdivision revert; and
7 3. the amendments to subsection (f) of section 9110 of the insurance
8 law, made by section one of this act, shall not affect the expiration of
9 such subsection and shall expire therewith.
10 PART D
11 Section 1. Subdivision 2-a of section 190.30 of the criminal procedure
12 law, as amended by chapter 453 of the laws of 1999, is amended to read
13 as follows:
14 2-a. When the electronic transmission of a certified report, or certi-
15 fied copy thereof, of the kind described in subdivision two or three-a
16 of this section or a sworn statement or copy thereof, of the kind
17 described in subdivision three, four-a or eight of this section results
18 in a written document, such written document may be received in such
19 grand jury proceeding provided that: (a) a transmittal memorandum
20 completed by the person sending the report contains a certification that
21 the report has not been altered and a description of the report specify-
22 ing the number of pages; and (b) the person who receives the electron-
23 ically transmitted document certifies that such document and transmittal
24 memorandum were so received; and (c) a certified report or a certified
25 copy or sworn statement or sworn copy thereof is filed with the court
26 within twenty days following arraignment upon the indictment; and (d)
27 where such written document is a sworn statement or sworn copy thereof
28 of the kind described in subdivision three, four-a or eight of this
29 section, such sworn statement or sworn copy thereof is also provided to
30 the defendant or his counsel within twenty days following arraignment
31 upon the indictment.
32 § 2. Section 190.30 of the criminal procedure law is amended by adding
33 a new subdivision 4-a to read as follows:
34 4-a. A written or oral statement, under oath, by a police officer, as
35 that term is defined in subdivision thirty-four of section 1.20 of this
36 chapter, relating facts concerning an offense, other than an offense
37 defined in article one hundred twenty-five of the penal law, may be
38 received in evidence in a grand jury proceeding as the testimony of such
39 officer, provided that the facts related therein must be stated to be
40 within the officer's personal knowledge or to have occurred within his
41 or her immediate presence and, provided further, that the statement may
42 not be admitted when an adversarial examination of such officer was
43 previously conducted with respect to such offense pursuant to section
44 180.60 of this chapter, unless a transcript of that examination is
45 admitted.
46 § 3. Subdivision 5 of section 190.30 of the criminal procedure law, as
47 amended by chapter 804 of the laws of 1984, is amended to read as
48 follows:
49 5. Nothing in subdivisions two, three [or], three-a, four, four-a or
50 eight of this section shall be construed to limit the power of the grand
51 jury to cause any person to be called as a witness pursuant to subdivi-
52 sion three of section 190.50.
53 § 4. Section 190.30 of the criminal procedure law is amended by adding
54 a new subdivision 8 to read as follows:
S. 6056 14 A. 9556
1 8. Business records may be received at grand jury proceedings as
2 evidence of the facts stated therein, provided the records are accompa-
3 nied by a written statement, under oath, of the record's custodian or
4 other qualified witness of the business, said statement containing a
5 list or description of the records attached, and stating in substance
6 that the person is a duly authorized custodian of the records or other
7 qualified witness with knowledge that the records were made in the regu-
8 lar course of business and that it was the regular course of such busi-
9 ness to make it, at the time of the act, transaction, occurrence or
10 event, or within a reasonable time thereafter. Said written statement
11 may also include a statement that the business does not possess a
12 particular record or records, and such statement may be received at
13 grand jury proceedings as evidence of the fact that the business does
14 not possess such record or records. When it is necessary for the busi-
15 ness whose records are being offered into evidence to submit a written
16 statement, under oath, from more than one of its employees in order to
17 comply with this subdivision, more than one written statement, under
18 oath, may be attached to the records. For the purposes of this subdivi-
19 sion, the term business includes a business, profession, occupation and
20 calling of every kind.
21 § 5. This act shall take effect immediately.
22 PART E
23 Section 1. Subdivision 1 of section 56-a of the alcoholic beverage
24 control law, as amended by chapter 920 of the laws of 1976, is amended
25 to read as follows:
26 1. In addition to the annual fees provided for in this chapter, there
27 shall be paid to the [authority] division with each initial application
28 for a license filed pursuant to section fifty-one, fifty-three, fifty-
29 eight, sixty-one, sixty-two, seventy-six or seventy-eight of this chap-
30 ter, a filing fee of [two] four hundred dollars with each initial appli-
31 cation for a license filed pursuant to section sixty-three, sixty-four,
32 sixty-four-a or sixty-four-b of this chapter, a filing fee of [one] two
33 hundred dollars; with each initial application for a license filed
34 pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a,
35 seventy-nine, eighty-one or eighty-one-a of this chapter, a filing fee
36 of [fifty] one hundred dollars; with each initial application for a
37 permit filed pursuant to section seventy-seven, ninety-one,
38 ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
39 such permit is to be issued on a calendar year basis, ninety-four, nine-
40 ty-five, ninety-six or ninety-six-a, or pursuant to [subdivisions] para-
41 graph b, c, e or j of subdivision one of section ninety-nine-b of this
42 chapter if such permit is to be issued on a calendar year basis, or for
43 an additional bar pursuant to subdivision four of section one hundred of
44 this chapter, a filing fee of [ten] twenty dollars; and with each appli-
45 cation for a permit under section ninety-three-a of this chapter, other
46 than a permit to be issued on a calendar year basis, section ninety-sev-
47 en, ninety-eight, ninety-nine, or ninety-nine-b of this chapter, other
48 than a permit to be issued pursuant to [subdivisions] paragraph b, c, e
49 or j of [said] subdivision one of section ninety-nine-b of this chapter
50 on a calendar year basis, a filing fee of [five] ten dollars.
51 § 2. This act shall take effect immediately.
52 PART F
S. 6056 15 A. 9556
1 Section 1. Subsection (c) of section 2504 of the insurance law is
2 amended to read as follows:
3 (c) [This] Nothing in this section shall [not, however, prevent the
4 exercise by such officer or employee on behalf of the state or such
5 public corporation or public authority of its right] prevent an officer
6 or employee of this state, or of any public corporation or public
7 authority, or any person, firm or corporation acting or purporting to
8 act on behalf of such officer or employee from:
9 (1) obtaining, for individual public construction projects having an
10 actual or estimated total value, exclusive of insurance and surety
11 costs, of fifty million dollars or more or for multiple public
12 construction projects having an actual or estimated total aggregate
13 value, exclusive of insurance and surety costs, of one hundred million
14 dollars or more, all insurance policies or surety bonds required in
15 connection with such public construction without reimbursement from the
16 contractor or subcontractor;
17 (2) requiring that the bidder, contractor or subcontractor submit bids
18 with and without specified insurance policies or surety bonds or provide
19 a credit in its bid which reflects the amount the bidder, contractor or
20 subcontractor would otherwise add if it obtained its own insurance as
21 required in the bid specifications; or
22 (3) exercising the right to approve the form, sufficiency, or manner
23 of execution, of surety bonds or contracts of insurance furnished by the
24 insurance company selected by the bidder to underwrite such bonds or
25 contracts. [Any provisions in any invitation for bids, or in any of the
26 contract documents, in conflict herewith are contrary to the public
27 policy of this state.]
28 § 2. Section 2504 of the insurance law is amended by adding three new
29 subsections (d), (e), and (f) to read as follows:
30 (d) For purposes of applying the one hundred million dollar threshold
31 set forth in subsection (c) of this section, the term "multiple public
32 construction projects" shall mean projects with phases, segments or
33 component parts relating to a common site or a unified program or system
34 involving the same state or city agency, public corporation or public
35 authority, but shall not include the bundling together of unrelated
36 construction.
37 (e) The procurement of insurance and surety contracts related to
38 public construction projects authorized by subsection (c) of this
39 section shall be performed in accordance with article eleven of the
40 state finance law when the owner is a state department or agency.
41 (f) Any provisions in any invitation for bids, or in any of the
42 contract documents, in conflict herewith are contrary to the public
43 policy of this state.
44 § 3. This act shall take effect immediately, and shall apply to all
45 contracts solicited for bid on or after such effective date.
46 PART G
47 Section 1. Subdivisions 6 and 7 of section 167 of the civil service
48 law, subdivision 6 as amended by chapter 617 of the laws of 1967, and
49 subdivision 7 as added by chapter 461 of the laws of 1956 and renumbered
50 by chapter 617 of the laws of 1967, are amended to read as follows:
51 6. [There] Notwithstanding any inconsistent provision of law, there is
52 hereby created a health insurance fund which shall be available without
53 appropriation or fiscal year limitation for premium or subscription
54 charge payments under any contract or contracts purchased in accordance
S. 6056 16 A. 9556
1 with this article. The amounts withheld from employees and retired
2 employees under subdivision three of this section, all amounts appropri-
3 ated by the state to such health insurance fund, and all amounts
4 contributed by any participating employer pursuant to subdivision two of
5 this section, shall be credited to such health insurance fund. The
6 income derived from any dividends, premium rate adjustments or other
7 refunds under any such contract or contracts shall be credited to such
8 fund and retained therein as [a special reserve for] determined by the
9 president to minimize adverse fluctuation in current or future charges
10 under any such contract or contracts.
11 7. The amounts required to be paid to any contracting corporation
12 under any contract entered into pursuant to the provisions of this arti-
13 cle shall be payable from such health insurance fund without appropri-
14 ation as audited by and upon the warrant of the comptroller on vouchers
15 certified or approved by the president.
16 § 2. Section 4 of the state finance law is amended by adding a new
17 subdivision 10 to read as follows:
18 10. Notwithstanding subdivision one of this section, the moneys depos-
19 ited in the health insurance fund authorized in section one hundred
20 sixty-seven of the civil service law shall be paid pursuant to statute
21 but without an appropriation.
22 § 3. This act shall take effect immediately and shall be deemed to
23 have been in full force and effect on and after April 1, 2004.
24 PART H
25 Section 1. The retirement and social security law is amended by adding
26 a new section 11-a to read as follows:
27 § 11-a. Duties of the comptroller; explore options to limit the vola-
28 tility of employer contributions. a. Consistent with section eleven of
29 this title and consistent with the principles prescribed by the actuari-
30 al standards boards and the governmental accounting standards board, the
31 comptroller shall consider and, to the extent reasonable and prudent in
32 his or her discretion, implement rules and regulations or other appro-
33 priate measures to limit the volatility of employer contribution rates
34 to the New York state and local employees' retirement system, including
35 but not limited to, the following options:
36 1. Modify or remove limits not required by the governmental accounting
37 standards board when determining the actuarial value of assets for the
38 actuarial valuation, including asset smoothing corridor limitations or
39 the inclusion of fixed income assets in the smoothing corridor calcu-
40 lation;
41 2. Separately amortize the actuarial present value of benefit improve-
42 ments, adopted in the fiscal year ending March thirty-first, two thou-
43 sand one, over thirty years as a level percentage of compensation;
44 3. Cap the amount employer contribution rates can increase in any
45 given year;
46 4. Establish a reserve fund for the minimum annual contribution
47 authorized under section twenty-three-a of this article, dedicated for
48 the exclusive purpose of offsetting employer contribution requirements
49 and prohibited from being used in funding benefit improvements;
50 5. Consistent with section eleven of this title, evaluate the required
51 level of minimum annual contribution under section twenty-three-a of
52 this article from time to time, but at least once in every five years,
53 based on a long-term stochastic projection of assets and liabilities and
S. 6056 17 A. 9556
1 establish minimum contribution rates that vary by retirement plan
2 consistent with the determination of normal contribution rates; and
3 6. Bill participating employers and the state based on the most recent
4 actual salary experience rather than projected salaries.
5 b. On or before June first, two thousand four the comptroller shall
6 issue a report to the governor and the legislature presenting the
7 results of his or her analysis of the options listed under subdivision a
8 of this section and other alternatives, if any, that may limit the vola-
9 tility of employer contribution rates. The report shall describe which
10 options or alternatives the comptroller, in his or her discretion, will
11 implement. The report shall identify the expected change in the state
12 and participating employer contribution rates resulting from such chang-
13 es. To the extent the comptroller chooses to not implement the options
14 listed under subdivision a of this section, the report shall state his
15 or her reasons for not implementing such options and shall indicate the
16 change in the state and participating employer contributions forgone as
17 a result of such choice.
18 § 2. The retirement and social security law is amended by adding a new
19 section 311-a to read as follows:
20 § 311-a. Duties of the comptroller; explore options to limit the vola-
21 tility of employer contributions. a. Consistent with section three
22 hundred eleven of this title and consistent with the principles
23 prescribed by the actuarial standards boards and the governmental
24 accounting standards board, the comptroller shall consider and, to the
25 extent reasonable and prudent in his or her discretion, implement rules
26 and regulations or other appropriate measures to limit the volatility of
27 employer contribution rates to the New York state and local police and
28 fire retirement system, including but not limited to, the following
29 options:
30 1. Modify or remove limits not required by the governmental accounting
31 standards board when determining the actuarial value of assets for the
32 actuarial valuation, including asset smoothing corridor limitations or
33 the inclusion of fixed income assets in the smoothing corridor calcu-
34 lation;
35 2. Separately amortize the actuarial present value of benefit improve-
36 ments adopted in the fiscal year ending March thirty-first, two thousand
37 one over thirty years as a level percentage of compensation;
38 3. Cap the amount employer contribution rates can increase in any
39 given year;
40 4. Establish a reserve fund for the minimum annual contribution
41 authorized under section three hundred twenty-three-a of this article,
42 dedicated for the exclusive purpose of offsetting employer contribution
43 requirements and prohibited from being used in funding benefit improve-
44 ments;
45 5. Consistent with section three hundred eleven of this title, evalu-
46 ate the required level of minimum annual contribution under section
47 three hundred twenty-three-a of this article from time to time, but at
48 least once in every five years, based on a long-term stochastic projec-
49 tion of assets and liabilities and establish minimum contribution rates
50 that vary by retirement plan consistent with the determination of normal
51 contribution rates; and
52 6. Bill participating employers and the state based on the most recent
53 actual salary experience rather than projected salaries.
54 b. On or before June first, two thousand four, the comptroller shall
55 issue a report to the governor and the legislature presenting the
56 results of his or her analysis of the options listed under subdivision a
S. 6056 18 A. 9556
1 of this section and other alternatives, if any, that may limit the vola-
2 tility of employer contribution rates. The report shall describe which
3 options or alternatives the comptroller, in his or her discretion, will
4 implement. The report shall identify the expected change in the state
5 and participating employer contribution rates resulting from such chang-
6 es. To the extent the comptroller chooses to not implement the options
7 listed under subdivision a of this section, the report shall state his
8 or her reasons for not implementing such options and shall indicate the
9 change in the state and participating employer contributions forgone as
10 a result of such choice.
11 § 3. Section 6-p of the general municipal law is amended by adding a
12 new subdivision 10 to read as follows:
13 10. Notwithstanding any other provision of law to the contrary, the
14 governing board of any municipal corporation may use any amounts in such
15 fund for the purpose of making annual employer payments to the New York
16 state and local employees' retirement system as required by section
17 twenty-three of the retirement and social security law and to the New
18 York state and local police and fire retirement system as required by
19 section three hundred twenty-three of the retirement and social security
20 law.
21 § 4. Paragraph a of section 11.00 of the local finance law is amended
22 by adding a new subdivision 96-a to read as follows:
23 96-a. Payment of contributions to the New York state and local police
24 and fire retirement system to provide additional pension benefits,
25 pursuant to section three hundred eighty-four-e of the retirement and
26 social security law, the lesser of ten years or the time remaining as
27 the payment period under such section.
28 § 5. Subdivision c of section 17 of the retirement and social security
29 law, as amended by chapter 62 of the laws of 1989, is amended to read as
30 follows:
31 c. Payment of the amount specified in the comptroller's statement
32 shall be made by a participating employer within [thirty] sixty days
33 after the receipt of such statement; provided, however, that in no case
34 shall any participating employer be required to make this payment before
35 [December] January fifteenth of the calendar year subsequent to the year
36 in which such statement is received.
37 § 6. Subdivision c of section 317 of the retirement and social securi-
38 ty law, as amended by chapter 62 of the laws of 1989, is amended to read
39 as follows:
40 c. Payment of the amount specified in the comptroller's statement
41 shall be made by a participating employer within [thirty] sixty days
42 after the receipt of such statement; provided, however, that in no case
43 shall any participating employer be required to make this payment before
44 [December] January fifteenth of the calendar year subsequent to the year
45 in which such statement is received.
46 § 7. Section 430 of the retirement and social security law is amended
47 by adding a new subdivision d to read as follows:
48 d. Notwithstanding any inconsistent provision of law, whenever a new
49 benefit or an improvement in any benefit takes effect or is enacted
50 after January first, two thousand four which will result in an increase
51 in the actuarial liabilities of an actuarially funded public retirement
52 system by the state or a participating employer, the comptroller shall
53 calculate the additional annual cost of such benefit without consider-
54 ation of available assets in the retirement system. Such cost shall be
55 billed separately from the normal contribution for a period equivalent
S. 6056 19 A. 9556
1 to the actuarially assumed working lifetime of members in active service
2 on the effective date of such new benefit or benefit improvement.
3 § 8. Subdivision d of section 11 of the retirement and social security
4 law, as amended by chapter 169 of the laws of 1994, is amended to read
5 as follows:
6 d. The comptroller shall make an annual report showing the valuation
7 of the assets and liabilities of the funds of the retirement system, as
8 certified by the actuary, a statement of receipts and disbursements and
9 his or her recommendations in regard thereto. Such report shall be
10 published with and as a part of the annual report of the comptroller. In
11 addition to the above annual report, an actuarial report prepared in
12 accordance with generally recognized and accepted actuarial principles
13 and practices which are consistent with principles prescribed by the
14 [Actuarial Standards Boards] actuarial standards boards (ASB) and the
15 [Code of Professional Conduct and Qualification Standards for Public
16 Statements of Actuarial Opinion of the American Academy of Actuaries]
17 code of professional conduct and qualification standards for public
18 statements of actuarial opinion of the American academy of actuaries,
19 shall be published on or before October fifteenth of each fiscal year to
20 include:
21 1. The following membership distributions for the [Employee's Retire-
22 ment System (ERS) and Police and Fire Retirement Systems (PFRS)] employ-
23 ee's retirement system (ERS), separately for the following categories:
24 the state, cities, counties, towns, villages, school districts, and
25 miscellaneous.
26 (i) For active members, five year age/service groups in matrix form
27 showing numbers of members and average compensation.
28 (ii) For retired members, five year age/service at retirement groups
29 in matrix form showing number of members, average final average salary,
30 and average annual pension.
31 (iii) For active members, number of members and total salary by tier.
32 2. For inactive employees, five year age/service groups in matrix form
33 showing number of members and average last compensation.
34 3. Any other information needed to fully and fairly disclose the actu-
35 arial position of the plan, including a schedule of funding progress on
36 a comparable basis with other state retirement systems and consistent
37 with the reporting principles prescribed by the governmental accounting
38 standards board. For this disclosure, the actuarial accrued liability is
39 the portion of the actuarial present value of total system liabilities
40 and expenses which are not provided for by future normal costs and
41 future member contributions.
42 4. A reconciliation to the prior year of the number of all members
43 (active, inactive and retired)[, broken down by ERS and PFRS].
44 5. A five-year projection of employer contribution rates.
45 § 9. Subdivision d of section 311 of the retirement and social securi-
46 ty law, as added by chapter 1000 of the laws of 1966, is amended to read
47 as follows:
48 d. The comptroller shall make an annual report showing the valuation
49 of the assets and liabilities of the funds of the [policemen's and fire-
50 men's] retirement system, as certified by the actuary, a statement of
51 receipts and disbursements and his or her recommendations in regard
52 thereto. Such report shall be published with and as a part of the annual
53 report of the comptroller. In addition to the above annual report, an
54 actuarial report prepared in accordance with the generally recognized
55 and accepted actuarial principles and practices which are consistent
56 with principles prescribed by the actuarial standards boards (ASB) and
S. 6056 20 A. 9556
1 the code of professional conduct and qualification standards for public
2 statements of actuarial opinion of the American academy of actuaries,
3 shall be published on or before October fifteenth of each fiscal year to
4 include:
5 1. The following membership distributions for the New York state and
6 local police and fire retirement system, separately for the following
7 categories: the state, cities, counties, towns, villages, school
8 districts, and miscellaneous.
9 (i) For active members, five year age/service groups in matrix form
10 showing numbers of members and average compensation.
11 (ii) For retired members, five year age/service at retirement groups
12 in matrix form showing numbers of members and average final average
13 salary, and average annual pension.
14 (iii) For active members, number of members and total salary by tier.
15 2. For inactive employees, five year age/service groups in matrix form
16 showing number of members and average last compensation.
17 3. Any other information needed to fully and fairly disclose the actu-
18 arial position of the plan, including a schedule of funding progress on
19 a comparable basis with other state retirement systems and consistent
20 with the reporting principles prescribed by the governmental accounting
21 standards board. For this disclosure, the actuarial accrued liability is
22 the portion of the actuarial present value of total system liabilities
23 and expenses which are not provided for by future normal costs and
24 future member contributions.
25 4. A reconciliation to the prior year of the number of all members
26 (active, inactive and retired).
27 5. A five-year projection of employer contribution rates.
28 § 10. This act shall take effect immediately.
FISCAL NOTE. -- Sections one and two of this act would add sections
11-a and 311-a to the Retirement and Social Security law to provide the
State Comptroller with options to limit the volatility of employer
contribution rates to the New York State and Local Retirement Systems.
Employer pension contributions payable to the Systems are scheduled to
increase in the 2004-05 fiscal year by approximately $670 million for
the State and by approximately $1.14 billion for local governments and
other participating employers. The options proposed in this act, if
implemented by the State Comptroller, could offset these increases by
approximately $500 million for the State and approximately $800 million
for local governments and other participating employers.
Section three would amend section 6-p of the General Municipal Law to
give local governments the authority to use an employee benefit accrued
liability reserve fund for payment of pension contributions to the New
York State and Local Retirement Systems. This change would offer local
governments the ability to use other resources to support pension
contributions.
Section four would amend section 11.00 of the Local Finance Law to
give local governments the option to refinance outstanding payments
related to optional benefits for members of the New York State and Local
Police and Fire Retirement System. The annual pension costs of employers
who choose this option will be reduced to the extent they can borrow at
a lower interest rate than the rate charged by the retirement system.
Sections five and six would amend sections 17 and 317 of the Retire-
ment and Social Security Law to extend the deadline that local govern-
ments and other participating employers in the New York State and Local
Retirement Systems are required to pay their pension contributions. The
due date would be extended by one month from December 15 to January 15.
S. 6056 21 A. 9556
This change could offer certain local governments and participating
employers a one-time savings opportunity.
Section seven would amend section 430 of the Retirement and Social
Security Law to prohibit the use of retirement system assets to fund the
costs of new benefit improvements for a period equivalent to the average
working lifetime of members in active service at the time the benefit
change is approved. The annual costs of future benefit improvements
would be payable in full by affected employers.
Sections eight and nine would amend sections 11 and 311 of the Retire-
ment and Social Security Law to add new reporting requirements for the
New York State and Local Retirement Systems. The new reports would
measure the funded status on a comparable basis to other state retire-
ment systems and include a five-year projection of employer contribution
rates. These new requirements would have a negligible impact on employer
contributions rates.
The source of this estimate, dated December 19, 2003, is the New York
State Division of the Budget.
1 PART I
2 Section 1. Subdivision 4 of section 400.00 of the penal law, as
3 amended by chapter 843 of the laws of 1980, is amended to read as
4 follows:
5 4. Investigation. Before a license is issued [or], renewed or recerti-
6 fied, there shall be an investigation of all statements required in the
7 application by the duly constituted police authorities of the locality
8 where such application is made. For that purpose, the records of the
9 appropriate office of the department of mental hygiene concerning previ-
10 ous or present mental illness of the applicant shall be available for
11 inspection by the investigating officer of the police authority. [In]
12 For a license to be issued or renewed, in order to ascertain any previ-
13 ous criminal record, the investigating officer shall take the finger-
14 prints and physical descriptive data in quadruplicate of each individual
15 by whom the application is signed and verified. Two copies of such fing-
16 erprints shall be taken on standard fingerprint cards eight inches
17 square, and one copy may be taken on a card supplied for that purpose by
18 the federal bureau of investigation. When completed, one standard card
19 shall be forwarded to and retained by the division of criminal justice
20 services in the executive department, at Albany. A search of the files
21 of such division and written notification of the results of the search
22 to the investigating officer shall be made without unnecessary delay.
23 Thereafter, such division shall notify the licensing officer and the
24 executive department, division of state police, Albany, of any criminal
25 record of the applicant filed therein subsequent to the search of its
26 files. A second standard card, or the one supplied by the federal bureau
27 of investigation, as the case may be, shall be forwarded to that bureau
28 at Washington with a request that the files of the bureau be searched
29 and notification of the results of the search be made to the investigat-
30 ing police authority. The failure or refusal of the federal bureau of
31 investigation to make the fingerprint check provided for in this section
32 shall not constitute the sole basis for refusal to issue a permit pursu-
33 ant to the provisions of this section. Of the remaining two fingerprint
34 cards, one shall be filed with the executive department, division of
35 state police, Albany, within ten days after issuance of the license, and
36 the other remain on file with the investigating police authority. No
37 such fingerprints may be inspected by any person other than a peace
S. 6056 22 A. 9556
1 officer, who is acting pursuant to his special duties, or a police offi-
2 cer, except on order of a judge or justice of a court of record either
3 upon notice to the licensee or without notice, as the judge or justice
4 may deem appropriate. For recertification, the investigating officer
5 shall conduct a National Instant Criminal Background Check System (NICS)
6 search on the applicant and notify the issuing officer and the executive
7 department, division of state police of any criminal record of the
8 applicant. Upon completion of the investigation, the police authority
9 shall report the results to the licensing officer without unnecessary
10 delay.
11 § 2. Subdivision 10 of section 400.00 of the penal law, as amended by
12 chapter 447 of the laws of 1997, is amended to read as follows:
13 10. License: expiration, certification and renewal. Any license for
14 gunsmith or dealer in firearms and, in the city of New York, any license
15 to carry or possess a pistol or revolver, issued at any time pursuant to
16 this section or prior to the first day of July, nineteen hundred sixty-
17 three and not limited to expire on an earlier date fixed in the license,
18 shall expire not more than three years after the date of issuance. In
19 the counties of Nassau, Suffolk and Westchester, any license to carry or
20 possess a pistol or revolver, issued at any time pursuant to this
21 section or prior to the first day of July, nineteen hundred sixty-three
22 and not limited to expire on an earlier date fixed in the license, shall
23 expire not more than five years after the date of issuance; however, in
24 the county of Westchester, any such license shall be certified prior to
25 the first day of April, two thousand, in accordance with a schedule to
26 be contained in regulations promulgated by the commissioner of the divi-
27 sion of criminal justice services, and every such license shall be
28 recertified every five years thereafter. [For purposes of this section
29 certification shall mean that the licensee shall provide to the licens-
30 ing officer the following information only: current name, date of
31 birth, current address, and the make, model, caliber and serial number
32 of all firearms currently possessed. Such certification information
33 shall be filed by the licensing officer in the same manner as an amend-
34 ment.] Elsewhere than in the city of New York and the counties of
35 Nassau, Suffolk and Westchester, any license to carry or possess a
36 pistol or revolver, issued at any time pursuant to this section or prior
37 to the first day of July, nineteen hundred sixty-three and not previous-
38 ly revoked or cancelled, [shall be in force and effect until revoked as
39 herein provided] and not limited to expire on an earlier date fixed in
40 the license, shall expire not more than five years after the date of
41 issuance; however, any such license shall be certified prior to the
42 first day of February, two thousand five, in accordance with a schedule
43 to be contained in regulations promulgated by the superintendent of
44 state police, and every such license shall be recertified every five
45 years thereafter. For purposes of this section certification shall mean
46 that the licensee shall provide to the licensing officer the following
47 information only: current name, date of birth, current address, and the
48 make, model, caliber and serial number of all firearms currently
49 possessed. Such certification information shall be filed by the licens-
50 ing officer in the same manner as an amendment. Any license not previ-
51 ously cancelled or revoked shall remain in full force and effect for
52 thirty days beyond the stated expiration date on such license. Any
53 application to renew a license that has not previously expired, been
54 revoked or cancelled shall thereby extend the term of the license until
55 disposition of the application by the licensing officer. In the case of
56 a license for gunsmith or dealer in firearms, in counties having a popu-
S. 6056 23 A. 9556
1 lation of less than two hundred thousand inhabitants, photographs and
2 fingerprints shall be submitted on original applications and upon
3 renewal thereafter only at six year intervals. Upon satisfactory proof
4 that a currently valid original license has been despoiled, lost or
5 otherwise removed from the possession of the licensee and upon applica-
6 tion containing an additional photograph of the licensee, the licensing
7 officer shall issue a duplicate license.
8 § 3. Subdivision 14 of section 400.00 of the penal law, as separately
9 amended by chapters 636 and 637 of the laws of 1994, is amended to read
10 as follows:
11 14. Fees. [In the city of New York and the county of Nassau, the annu-
12 al license fee shall be twenty-five dollars for gunsmiths and fifty
13 dollars for dealers in firearms. In such city, the city council and in
14 the county of Nassau the Board of Supervisors shall fix the fee to be
15 charged for a license to carry or possess a pistol or revolver and
16 provide for the disposition of such fees. Elsewhere in the state, the
17 licensing officer shall collect and pay into the county treasury the
18 following fees: for each license to carry or possess a pistol or revol-
19 ver, not less than three dollars nor more than ten dollars as may be
20 determined by the legislative body of the county; for each amendment
21 thereto, three dollars, and five dollars in the county of Suffolk; and
22 for each license issued to a gunsmith or dealer in firearms, ten
23 dollars. The fee for a duplicate license shall be five dollars. The fee
24 for processing a license transfer between counties shall be five
25 dollars.] The licensing officer shall collect and pay into the county
26 or municipal treasury the following state licensing fees: for each
27 license, renewal or recertification issued to carry or possess a pistol
28 or revolver, one hundred dollars; for each license certified prior to
29 the first day of February, two thousand five, no more than one hundred
30 dollars in accordance with a schedule to be contained in regulations
31 promulgated by the superintendent of state police; for each amendment
32 issued thereto, twenty-five dollars; for each license issued to a
33 gunsmith or dealer in firearms, one hundred dollars. The state licensing
34 fee for a duplicate license shall be twenty-five dollars. The state
35 licensing fee for processing a transfer between counties shall be twen-
36 ty-five dollars. In addition, the licensing officer shall collect any
37 local licensing fees as may be determined by the city council for the
38 city of New York or the appropriate legislative body for each county
39 which shall provide for the disposition of such funds. The fee for proc-
40 essing a license or renewal thereof for a qualified retired police offi-
41 cer as defined under subdivision thirty-four of section 1.20 of the
42 criminal procedure law, or a qualified retired bridge and tunnel offi-
43 cer, sergeant or lieutenant of the triborough bridge and tunnel authori-
44 ty as defined under subdivision twenty of section 2.10 of the criminal
45 procedure law, or a qualified retired uniformed court officer in the
46 unified court system, or a qualified retired court clerk in the unified
47 court system in the first and second judicial departments, as defined in
48 paragraphs [(a)] a and [(b)] b of subdivision twenty-one of section 2.10
49 of the criminal procedure law or a retired correction officer as defined
50 in subdivision twenty-five of section 2.10 of the criminal procedure law
51 shall be waived in all counties throughout the state. On or before the
52 fifteenth day of each month, the licensing officer shall remit to the
53 state comptroller, all state licensing fees collected in the previous
54 month pursuant to this section, who shall deposit such money into the
55 general fund of the state treasury in accordance with section one
56 hundred twenty-one of the state finance law. Every such payment to the
S. 6056 24 A. 9556
1 comptroller shall be accompanied by a statement of receipts in such
2 format and detail as the comptroller may prescribe.
3 § 4. This act shall take effect on the ninetieth day after it shall
4 have become a law.
5 PART J
6 Section 1. Subsections (b) and (d) of section 9110 of the insurance
7 law, subsection (b) as amended by section 1 of part Q of chapter 62 of
8 the laws of 2003 and subsection (d) as added by chapter 55 of the laws
9 of 1992, are amended to read as follows:
10 (b) The annual fee is hereby imposed at the rate of five dollars per
11 insured motor vehicle registered pursuant to the provisions of paragraph
12 [(b)] b of subdivision one of section four hundred one of the vehicle
13 and traffic law; provided, however, notwithstanding any other provision
14 of law to the contrary, any city with a population of one million or
15 more or county in this state, acting through its local legislative body,
16 is hereby authorized and empowered to adopt, amend or repeal local laws,
17 ordinances or resolutions to impose a fee in an amount not to exceed
18 five dollars per insured motor vehicle, as such term is defined in
19 subdivision six of section eight hundred forty-six-k of the executive
20 law, when such motor vehicle is registered pursuant to the provisions of
21 paragraph b of subdivision one of section four hundred one of the vehi-
22 cle and traffic law to an individual who resides within such county or
23 city. Such fee will be paid monthly by insurance companies to the
24 superintendent on or before the fifteenth of the month next succeeding
25 the month in which such collections are received; provided, however,
26 such fee imposed by local law will be paid monthly by insurance compa-
27 nies to the chief fiscal officer of such city with a population of one
28 million or more or county, on or before the fifteenth of the month next
29 succeeding the month in which such collections are received. Moneys
30 received pursuant to this subsection by any city with a population of
31 one million or more or county shall be used to fund local law enforce-
32 ment efforts. Moneys received by the county of Westchester pursuant to
33 this subsection shall be used to fund the policing of special parkways
34 as defined in subdivision two of section seventy of the transportation
35 law.
36 (d) In case any such company shall neglect or refuse to make and file
37 such statement or pay over moneys collected from the fee imposed by this
38 section the provisions of section nine thousand one hundred nine of this
39 article shall apply. In case any such company shall neglect or refuse
40 to make and file such statement or pay over the moneys collected from
41 the local fee imposed in accordance with this section and such local
42 law, ordinance or resolution requiring such local fee, the provisions of
43 the local law, ordinance or resolution regarding collection of such
44 local fee or the filing of such statements shall apply.
45 § 2. This act shall take effect immediately and shall be deemed to
46 have been in full force and effect on and after April 1, 2004 provided,
47 however, that the amendments to subsection (b) of section 9110 of the
48 insurance law made by section one of this act shall not affect the
49 repeal of such subsection and shall be deemed repealed therewith.
50 PART K
S. 6056 25 A. 9556
1 Section 1. Section 350-d of the general business law, as added by
2 chapter 813 of the laws of 1963 and renumbered by chapter 65 of the laws
3 of 1989, is amended to read as follows:
4 § 350-d. Civil penalty. Any person, firm, corporation or association
5 or agent or employee thereof who engages in any of the acts or practices
6 stated in this article to be unlawful shall be liable to a civil penalty
7 of not more than five [hundred] thousand dollars for each violation,
8 which shall accrue to the state of New York and may be recovered in a
9 civil action brought by the attorney-general. In any such action it
10 shall be a complete defense that the advertisement is subject to and
11 complies with the rules and regulations of, and the statutes adminis-
12 tered by the Federal Trade Commission or any official department, divi-
13 sion, commission or agency of the state of New York.
14 § 2. This act shall take effect immediately.
15 PART L
16 Section 1. Subdivision 15 of section 3 of the alcoholic beverage
17 control law is amended to read as follows:
18 15. ["Liquor] Notwithstanding any law to the contrary, "state liquor
19 authority", "liquor authority" and "authority", mean the [state liquor
20 authority] division of alcoholic beverage control in the executive
21 department provided for in this chapter.
22 § 2. Section 10 of the alcoholic beverage control law, as amended by
23 chapter 83 of the laws of 1995, is amended to read as follows:
24 § 10. [State liquor authority] Division of alcoholic beverage control.
25 There shall continue to be in the executive department [an] a division
26 of alcoholic beverage control [division], the head of which shall be the
27 [state liquor authority which shall consist of three members, who shall
28 be known as commissioners, all of whom shall be citizens and residents
29 of the state] director. The state alcoholic beverage control board
30 created and appointed pursuant to chapter one hundred eighty of the laws
31 of nineteen hundred thirty-three, as presently constituted, [shall
32 continue in existence and hereafter shall be] known and designated as
33 the state liquor authority is hereby abolished. The terms "state alco-
34 holic beverage control board", "state board", "liquor authority", [or]
35 "state liquor authority", "authority", or division wherever occurring in
36 any of the provisions of this chapter or of any other law, or in any
37 official books, records, instruments, rules or papers, shall hereafter
38 mean and refer to the [state liquor authority] division of alcoholic
39 beverage control provided for in this section.
40 § 3. Section 11 of the alcoholic beverage control law, as amended by
41 chapter 83 of the laws of 1995, is amended to read as follows:
42 § 11. Appointment of [authority] the director of the division of alco-
43 holic beverage control. The [members of the authority] director of the
44 division of alcoholic beverage control shall be appointed by the gover-
45 nor by and with the advice and consent of the senate[. Not more than two
46 members of the authority shall belong to the same political party. The]
47 except that the chairman of the state alcoholic beverage control board
48 heretofore appointed and designated by the governor [and the remaining
49 members of such board heretofore appointed by the governor] shall
50 continue to serve as [chairman and members of the authority until the
51 expiration of the respective terms for which they were appointed. Upon
52 the expiration of such respective terms the successors of such chairman
53 and members shall be appointed to serve for a term of three years each
54 and until their successors have been appointed and qualified] the direc-
S. 6056 26 A. 9556
1 tor of the division of alcoholic beverage control. The director shall
2 serve at the pleasure of the governor.
3 § 4. Sections 12, 13 and 14 of the alcoholic beverage control law are
4 REPEALED and a new section 12 is added to read as follows:
5 § 12. State liquor control board. Notwithstanding any other provisions
6 of law, there is hereby created in the division of alcoholic beverage
7 control a state liquor control board, to consist of the director of the
8 division of alcoholic beverage control and two members appointed by the
9 governor by and with the consent of the senate, except that the two
10 members heretofore appointed by the governor shall continue to serve
11 until the expiration of their current term. Members of the state liquor
12 control board shall preside over and make determinations at disciplinary
13 hearings of persons licensed to sell alcoholic beverages under the
14 provisions of the alcoholic beverage control law. The members of such
15 liquor control board shall be appointed for two-year terms, commencing
16 on the first of January next following the year in which the term of his
17 or her predecessor shall expire. Any member appointed to fill a vacancy
18 created other than by expiration of a term shall be appointed for the
19 unexpired term of the member whom he or she is to succeed. Vacancies
20 caused by expiration of a term, or, otherwise shall be filled in the
21 same manner as the original appointments. Not including the director,
22 each of the members of the state liquor control board shall receive as
23 compensation for his or her services, a per diem allowance for each day
24 actually spent in performance of his or her duties. Within amounts
25 appropriated, the per diem is to be calculated in the following manner:
26 (the amount set forward as compensation for certain state officers list-
27 ed in paragraph (f) of subdivision one of section one hundred sixty-nine
28 of the executive law divided by two hundred sixty-one) multiplied by the
29 actual number of days in which a board member is in attendance at a
30 meeting scheduled for the purpose of the liquor control board to make
31 disciplinary determinations. In addition, board members shall be reim-
32 bursed for expenses actually incurred in the performance of his or her
33 duties as outlined in this article.
34 § 5. Section 15 of the alcoholic beverage control law, as amended by
35 chapter 83 of the laws of 1995, the second undesignated paragraph as
36 amended by section 1 of part F of chapter 411 of the laws of 1999, is
37 amended to read as follows:
38 § 15. Officers; employees; offices. The [authority] director of the
39 division of alcoholic beverage control shall have power to appoint any
40 necessary deputies, counsels, assistants, investigators, and other
41 employees within the limits provided by appropriation. Investigators so
42 employed by the [Authority] division shall be deemed to be peace offi-
43 cers for the purpose of enforcing the provisions of [the alcoholic
44 beverage control law] this chapter or judgements or orders obtained for
45 violation thereof, with all the powers set forth in section 2.20 of the
46 criminal procedure law. The counsel, secretary, chief executive officer,
47 assistant chief executive officers, confidential secretaries to [commis-
48 sioners] the director and deputies shall be in the exempt class of the
49 civil service. The other assistants, investigators and employees of the
50 [authority] division shall all be in the [competitive] classified class
51 of the civil service. The [authority] division shall continue to have
52 its principal office in the city of Albany, and may maintain a branch
53 office in the cities of New York and Buffalo and such other places as it
54 may deem necessary.
55 The [authority] division shall establish appropriate procedures to
56 insure that hearing officers are shielded from ex parte communications
S. 6056 27 A. 9556
1 with alleged violators and their attorneys and from other employees of
2 the [authority] division and shall take such other steps as it shall
3 deem necessary and proper to shield its judicial processes from unwar-
4 ranted and inappropriate communications and attempts to influence.
5 § 6. Section 16 of the alcoholic beverage control law, as amended by
6 chapter 731 of the laws of 1971, is amended to read as follows:
7 § 16. Disqualification of [members and] employees of [authority] the
8 division. No [member of the authority or any] officer, deputy, assist-
9 ant, inspector or employee [thereof] of the division shall have any
10 interest, direct or indirect, either proprietary or by means of any
11 loan, mortgage or lien, or in any other manner, in or on any premises
12 where alcoholic beverages are manufactured or sold; nor shall he or she
13 have any interest, direct or indirect, in any business wholly or
14 partially devoted to the manufacture, sale, transportation or storage of
15 alcoholic beverages, or own any stock in any corporation which has any
16 interest, proprietary or otherwise, direct or indirect, in any premises
17 where alcoholic beverages are manufactured or sold, or in any business
18 wholly or partially devoted to the manufacture, sale, transportation or
19 storage of alcoholic beverages, or receive any commission or profit
20 whatsoever, direct or indirect, from any person applying for or receiv-
21 ing any license or permit provided for in this chapter, or hold any
22 other public office in the state or in any political subdivision except
23 upon the written permission of the [liquor authority] director of the
24 division of alcoholic beverage control, such [member of the authority
25 or] officer, deputy, assistant, inspector or employee thereof may hold
26 the public office of notary public or member of a community board of
27 education in the city school district of the city of New York. [Any one]
28 Anyone who violates any of the provisions of this section shall be
29 removed.
30 § 7. Section 17 of the alcoholic beverage control law, as amended by
31 chapter 83 of the laws of 1995, subdivision 3 as separately amended by
32 section 1 of part L of chapter 62 and chapter 522 of the laws of 2003,
33 subdivision 8-a as added by chapter 383 of the laws of 1998, subdivi-
34 sions 8-b and 8-c as added by section 7 of part W3 of chapter 62 of the
35 laws of 2003, subdivision 12 as amended by chapter 549 of the laws of
36 2001, subdivision 13 as added by chapter 403 of the laws of 1999, para-
37 graph (f) of subdivision 13 as added and paragraph (g) of subdivision 13
38 as relettered by section 2 of part F of chapter 411 of the laws of 1999,
39 is amended to read as follows:
40 § 17. Powers of the [authority] division. The [authority] division
41 shall have the following functions, powers and duties: 1. To issue or
42 refuse to issue any license or permit provided for in this chapter.
43 2. To limit in its discretion the number of licenses of each class to
44 be issued within the state or any political subdivision thereof, and in
45 connection therewith to prohibit the acceptance of applications for such
46 class or classes of licenses which have been so limited.
47 3. To revoke, cancel or suspend for cause any license or permit issued
48 under this chapter and/or to impose a civil penalty for cause against
49 any holder of a license or permit issued pursuant to this chapter. Any
50 civil penalty so imposed shall not exceed the sum of ten thousand
51 dollars as against the holder of any retail permit issued pursuant to
52 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d and
53 paragraph f of subdivision one of section ninety-nine-b of this chapter
54 and as against the holder of any retail license issued pursuant to
55 sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
56 fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
S. 6056 28 A. 9556
1 sixty-four-c, seventy-nine, eighty-one and eighty-one-a of this chapter,
2 and the sum of thirty thousand dollars as against the holder of a
3 license issued pursuant to sections fifty-three, seventy-six, seventy-
4 six-a, seventy-six-f, and seventy-eight of this chapter, provided that
5 the civil penalty against the holder of a wholesale license issued
6 pursuant to section fifty-three of this chapter shall not exceed the sum
7 of ten thousand dollars where that licensee violates provisions of this
8 chapter during the course of the sale of beer at retail to a person for
9 consumption at home, and the sum of one hundred thousand dollars as
10 against the holder of any license issued pursuant to sections fifty-one,
11 sixty-one and sixty-two of this chapter. Any civil penalty so imposed
12 shall be in addition to and separate and apart from the terms and
13 provisions of the bond required pursuant to section one hundred twelve
14 of this chapter. Provided that no appeal is pending on the imposition of
15 such civil penalty, in the event such civil penalty imposed by the divi-
16 sion remains unpaid, in whole or in part, more than forty-five days
17 after written demand for payment has been sent by first class mail to
18 the address of the licensed premises, a notice of impending default
19 judgment shall be sent by first class mail to the licensed premises and
20 by first class mail to the last known home address of the person who
21 signed the most recent license application. The notice of impending
22 default judgment shall advise the licensee: (a) that a civil penalty was
23 imposed on the licensee; (b) the date the penalty was imposed; (c) the
24 amount of the civil penalty; (d) the amount of the civil penalty that
25 remains unpaid as of the date of the notice; (e) the violations for
26 which the civil penalty was imposed; and (f) that a judgment by default
27 will be entered in the supreme court of the county in which the licensed
28 premises are located, or other court of civil jurisdiction or any other
29 place provided for the entry of civil judgments within the state of New
30 York unless the division receives full payment of all civil penalties
31 due within twenty days of the date of the notice of impending default
32 judgment. If full payment shall not have been received by the division
33 within thirty days of mailing of the notice of impending default judg-
34 ment, the division shall proceed to enter with such court a statement of
35 the default judgment containing the amount of the penalty or penalties
36 remaining due and unpaid, along with proof of mailing of the notice of
37 impending default judgment. The filing of such judgment shall have the
38 full force and effect of a default judgment duly docketed with such
39 court pursuant to the civil practice law and rules and shall in all
40 respects be governed by that chapter and may be enforced in the same
41 manner and with the same effect as that provided by law in respect to
42 execution issued against property upon judgments of a court of record. A
43 judgment entered pursuant to this subdivision shall remain in full force
44 and effect for eight years notwithstanding any other provision of law.
45 4. To remove any employee of the [authority] division for cause, after
46 giving such employee a copy of the charges against him or her in writ-
47 ing, and an opportunity to be heard thereon. Any action taken under this
48 subdivision shall be subject to and in accordance with the civil service
49 law.
50 5. To fix by rule the standards of manufacture and fermentation in
51 order to insure the use of proper ingredients and methods in the manu-
52 facture of alcoholic beverages to be sold or consumed in the state.
53 6. To hold hearings, subpoena witnesses, compel their attendance,
54 administer oaths, to examine any person under oath and in connection
55 therewith to require the production of any books or papers relative to
S. 6056 29 A. 9556
1 the inquiry. A subpoena issued under this section shall be regulated by
2 the civil practice law and rules.
3 7. To prohibit, at any time of public emergency, without previous
4 notice or advertisement, the sale of any or all alcoholic beverages for
5 and during the period of such emergency.
6 8. To make an annual report to the governor and the legislature of its
7 activities for the preceding year.
8 8-a. On and after January first, two thousand the report provided for
9 in subdivision eight of this section shall include an evaluation of the
10 effectiveness of the prohibition on the sale of alcohol to persons under
11 the age of twenty-one as provided in section sixty-five-b of this chap-
12 ter with particular emphasis on the provisions of subdivisions one, two,
13 three, four and five of section sixty-five-b, subdivision five of
14 section one hundred nineteen and subdivision six of section sixty-five
15 of this chapter, paragraph (b) of subdivision seven of section 170.55 of
16 the criminal procedure law and subdivision (f) of section 19.07 of the
17 mental hygiene law.
18 8-b. The [liquor authority] division of alcoholic beverage control
19 shall provide a report to the governor and the legislature on or before
20 April fifteenth, two thousand four and a final report for every year
21 thereafter on April fifteenth on liquor and wine licenses. Both reports
22 shall include findings on the number and kinds of licenses by county and
23 new licenses issued under section sixty and section seventy-five of this
24 chapter. In the final report the [state liquor authority] division of
25 alcoholic beverage control shall offer recommendations as to whether the
26 program should be extended, modified, eliminated or made permanent.
27 8-c. The [state liquor authority] division of alcoholic beverage
28 control shall promulgate rules and regulations to effectuate the
29 purposes of section sixty, section seventy-five and subdivision fourteen
30 of section one hundred five of this chapter. The [authority] division
31 may enforce the requirements of subdivision fourteen of section one
32 hundred five of this chapter by administrative proceedings to suspend or
33 revoke a license and the [authority] division may accept payment of an
34 administrative fine in lieu of suspension, such payments to be deter-
35 mined by rules or regulations promulgated by the [authority] division.
36 9. The powers provided in this section may be delegated by the
37 [authority to the chairman, or] director of the division of alcoholic
38 beverage control to such other officers or employees as may be desig-
39 nated by the [chairman] director of the division of alcoholic beverage
40 control.
41 10. To appoint such advisory groups and committees as it deems neces-
42 sary to provide assistance to the [authority] division to carry out the
43 purposes and objectives of this chapter.
44 11. Upon receipt of a resolution adopted by a board of supervisors or
45 a county legislative body requesting further restriction of hours of
46 sale of alcoholic beverages within such county, and upon notice and
47 hearing within such county, to approve or disapprove such hours within
48 such county.
49 12. To develop and establish minimum criteria for alcohol training
50 awareness programs which may be given and administered by schools; other
51 entities including trade associations whose members are engaged in or
52 involved in the retail sale of alcoholic beverages; national and
53 regional franchisors who have granted at least five franchises in the
54 state which are licensed to sell beer at retail for off-premises
55 consumption; licensees authorized to sell alcoholic beverages at retail
56 for off-premises consumption operating five or more licensed premises;
S. 6056 30 A. 9556
1 and persons interested, whether as an individual proprietor or partner
2 or officer or member of a limited liability company, in five or more
3 licensees authorized to sell alcoholic beverages at retail for off-prem-
4 ises consumption. The [authority] division shall provide for the issu-
5 ance of certificates of approval to all certified alcohol training
6 awareness programs. Certificates of approval may be revoked by the
7 [authority] division for failure to adhere to the [authority's] divi-
8 sion's rules and regulations. Such rules and regulations shall afford
9 those who have been issued a certificate of approval an opportunity for
10 a hearing prior to any determination of whether such certificate should
11 be revoked.
12 No licensee shall be required to apply for any such certificate or
13 renewal certificate and the licensee may voluntarily surrender such a
14 certificate or renewal certificate at any time. A fee in the amount of
15 nine hundred dollars shall be paid to the [authority] division with each
16 application for a certificate of approval or renewal certificate. The
17 [authority] division shall promptly refund such fee to an applicant
18 whose application was denied. Each certificate of approval and renewal
19 thereof shall be issued for a period of three years. To effectuate the
20 provisions of this subdivision, the [authority] division is empowered to
21 require in connection with an application the submission of such infor-
22 mation as the [authority] division may direct; to prescribe forms of
23 applications and of all reports which it deems necessary to be made by
24 any applicant or certificate holder; to conduct investigations; to
25 require the maintenance of such books and records as the [authority]
26 division may direct; to revoke, cancel, or suspend for cause any certif-
27 icate provided for in this subdivision. Each entity authorized to give
28 and administer an alcohol training awareness program shall issue certif-
29 icates of completion to all licensees and employees who successfully
30 complete such an approved alcohol training awareness program. Such enti-
31 ty shall regularly transmit to the [authority] division the names,
32 addresses and dates of attendance of all the licensees and employees of
33 licensees who successfully complete an approved alcohol training aware-
34 ness program. Such transmittal shall be in a form and manner prescribed
35 by the [authority] division. The [authority] division shall adopt rules
36 and regulations to effectuate the provisions of this subdivision,
37 including the minimum requirements for the curriculum of each such
38 training program and the regular ongoing training of employees holding
39 certificates of completion or renewal certificates. Such rules and regu-
40 lations shall include the minimum requirements for a separate curriculum
41 for licensees and their employees authorized to sell alcoholic beverages
42 at retail for off-premises consumption, minimum requirements for a sepa-
43 rate curriculum for licensees and their employees authorized to sell
44 alcoholic beverages at retail for on-premises consumption, and the form
45 of a certificate of completion or renewal thereof to be issued in
46 respect to each such type of program. A certificate of completion or
47 renewal thereof issued by an entity authorized to give and administer an
48 alcohol training awareness program pursuant to this subdivision to
49 licensees and their employees authorized to sell alcoholic beverages at
50 retail for off-premises consumption shall not be invalidated by a change
51 of employment to another such licensee. A certificate of completion or
52 renewal thereof issued by an entity authorized to give and administer an
53 alcohol training awareness program pursuant to this subdivision to
54 licensees and their employees authorized to sell alcoholic beverages at
55 retail for on-premises consumption shall not be invalidated by a change
56 of employment to another such licensee.
S. 6056 31 A. 9556
1 13. To study and report to the governor and the legislature [bi-enni-
2 ally] biennially on or before February first of each year concerning:
3 (a) recommendations to reduce the number and type of licenses, and to
4 establish a uniform, statewide schedule of fees, such recommendations to
5 include the development of a master application form for all licenses,
6 with specific exhibits required for specific licenses, as appropriate,
7 as well as recommendations on a non-refundable application fee set at a
8 level which will cover the cost of the review and which would be applied
9 against the first year license fee if the application is granted;
10 (b) recommendations to simplify license renewal procedures;
11 (c) recommendations to streamline the processing of applications and
12 to eliminate duplication of reviews, such recommendations to include
13 uniform standards for application review and decision which shall seek
14 to assure that the review is as objective as possible and to narrow the
15 discretion of the [authority] division or of any reviewer employed by
16 the [authority] division;
17 (d) the extent to which quality of life issues, such as noise level,
18 vehicular traffic and parking are considered in licensing decisions,
19 particularly as such issues pertain to proceedings pursuant to subdivi-
20 sion seven of section sixty-four of this chapter;
21 (e) recommendations to improve enforcement methodologies in order to
22 protect the health and safety of residents of communities experiencing
23 persistent problems in the operation of retail establishments;
24 (f) recommendations concerning the addition of field enforcement
25 personnel and the ratios of such field enforcement personnel to the
26 total numbers of licensees that in the view of the [authority] division
27 would be appropriate to insure compliance with the law. Such study shall
28 provide a detailed analysis of the costs and projected revenues to be
29 obtained from the addition of such field enforcement personnel; and
30 (g) such other observations and recommendations concerning the activ-
31 ities of the [authority] division as will improve its effectiveness and
32 efficiency including the utilization of on-line services to provide
33 information on a fee-for-service basis.
34 14. To exercise the powers and perform the duties in relation to the
35 administration of the division of alcoholic beverage control as are not
36 specifically vested by this chapter in the division.
37 15. To keep records in such form as he or she may prescribe of all
38 licenses and permits issued and revoked within the state; such records
39 shall be so kept as to provide ready information as to the identity of
40 all licensees including the names of the officers and directors of
41 corporate licensees and the location of all licensed premises. The
42 director may, with the approval of the commissioner of taxation and
43 finance, contract to furnish copies of the records of licenses and
44 permits of each class and type issued within the state or any political
45 subdivision thereof, for any license or permit year or term of years not
46 exceeding five years.
47 16. To inspect or provide for the inspection of any premises where
48 alcoholic beverages are manufactured or sold.
49 17. To prescribe forms of applications for licenses and permits under
50 this chapter.
51 § 8. Sections 18 and 19 of the alcoholic beverage control law are
52 REPEALED.
53 § 9. Section 120 of the alcoholic beverage control law, as amended by
54 chapter 83 of the laws of 1995, is amended to read as follows:
55 § 120. Decisions by liquor [authority] control board. A decision upon
56 any application or hearing submitted to or held by the liquor [authori-
S. 6056 32 A. 9556
1 ty] control board shall be rendered within thirty days after such
2 submission or hearing.
3 § 10. Paragraph (c) of subdivision 1 of section 169 of the executive
4 law, as amended by chapter 634 of the laws of 1998, is amended to read
5 as follows:
6 (c) commissioner of agriculture and markets, commissioner of alcohol-
7 ism and substance abuse services, adjutant general, commissioner and
8 president of state civil service commission, commissioner of economic
9 development, chair of the energy research and development authority,
10 executive director of the board of real property services, president of
11 higher education services corporation, commissioner of motor vehicles,
12 member-chair of board of parole, director of probation and correctional
13 alternatives, chair of public employment relations board, secretary of
14 state, chair of the state racing and wagering board, [commissioner of
15 alcoholism and substance abuse services,] executive director of the
16 housing finance agency, commissioner of housing and community renewal,
17 executive director of state insurance fund, [commissioner-chair of state
18 liquor authority,] director of the division of alcoholic beverage
19 control, chair of the workers' compensation board;
20 § 11. Paragraph (f) of subdivision 1 of section 169 of the executive
21 law, as amended by chapter 83 of the laws of 1995, is amended to read as
22 follows:
23 (f) executive director of adirondack park agency, [commissioners of
24 the state liquor authority,] commissioners of the state civil service
25 commission, members of state commission of correction, members of the
26 employment relations board, members of crime victims board, members of
27 unemployment insurance appeal board, and members of the workers' compen-
28 sation board.
29 § 12. Section 270 of the executive law, as amended by chapter 83 of
30 the laws of 1995, is amended to read as follows:
31 § 270. Division of alcoholic beverage control[; state liquor authori-
32 ty]. The head of the division of alcoholic beverage control [division]
33 shall be the [state liquor authority which shall consist of three
34 members, who shall be known as commissioners, who shall be appointed by
35 the governor, by and with the advice and consent of the senate, and one
36 of whom shall be designated as chairman by the governor.
37 Not more than two members of the state liquor authority shall belong
38 to the same political party. All of said members shall be citizens and
39 residents of the state. Such members shall be appointed to serve for a
40 term of three years each and until their successors have been appointed
41 and qualified] director of the division of alcoholic beverage control.
42 § 13. Sections 271, 272, 273 and 274 of the executive law are
43 REPEALED.
44 § 14. Transfer of records. All books, papers and property of the
45 former state liquor authority with respect to the functions, powers and
46 duties transferred by sections one through twenty-one of this act are to
47 be delivered to the division of alcoholic beverage control, at such
48 place and time, in such manner as the director of the division of alco-
49 holic beverage control requires.
50 § 15. Continuity of the former state liquor authority. For the purpose
51 of succession, all functions, powers, duties and obligations of the
52 former state liquor authority shall be assumed by the division of alco-
53 holic beverage control which shall continue the operation of the various
54 programs transferred pursuant to sections one through twenty-one of this
55 act as if operated by the former state liquor authority.
S. 6056 33 A. 9556
1 § 16. Completion of unfinished business. Any business or other matter
2 undertaken or commenced by the former state liquor authority pertaining
3 to or connected with the functions, powers, duties and obligations here-
4 by transferred and assigned to the successor division of alcoholic
5 beverage control and pending on the effective date of this act, shall be
6 conducted and completed by the successor division of alcoholic beverage
7 control in the same manner and under the same terms and conditions and
8 with the same effect as if conducted and completed by the former state
9 liquor authority.
10 § 17. Continuation of rules and regulations. All rules, regulations,
11 acts, orders, determinations, and decisions of the former state liquor
12 authority in force at the time of such transfer and assumption, shall
13 continue in force and effect as rules, regulations, acts, orders, deter-
14 minations and decisions of the division of alcoholic beverage control
15 until duly modified or abrogated by the director of the division of
16 alcoholic beverage control.
17 § 18. Existing rights and remedies preserved. No existing right or
18 remedy of any character shall be lost, impaired or affected by reason of
19 sections one through twenty-one of this act.
20 § 19. Pending actions or proceedings. No action or proceeding pending
21 at the time when sections one through twenty-one of this act shall take
22 effect relating to the functions, powers and duties of the former state
23 liquor authority transferred pursuant to sections one through twenty-one
24 of this act, brought by or against the former state liquor authority or
25 the commissioners thereof shall be affected by any provision of sections
26 one through twenty-one of this act, but the same may be prosecuted or
27 defended in the name of the successor division of alcoholic beverage
28 control. In all such actions and proceedings, the successor, director of
29 the division of alcoholic beverage control, upon application to the
30 court, shall be substituted as a party.
31 § 20. Transfer of assets and liabilities. All assets and liabilities
32 of the former state liquor authority are hereby transferred to and
33 assumed by the division of alcoholic beverage control.
34 § 21. Notwithstanding any inconsistent provision of the state adminis-
35 trative procedure act, the division of alcoholic beverage control to
36 which the functions, powers and duties of the former state liquor
37 authority are transferred shall be authorized to promulgate regulations
38 on an emergency basis to ensure the implementation of sections one
39 through twenty of this act.
40 § 22. Severability clause. If any clause, sentence, paragraph, subdi-
41 vision, section or part of this act shall be adjudged by any court of
42 competent jurisdiction to be invalid, such judgment shall not affect,
43 impair, or invalidate the remainder thereof, but shall be confined in
44 its operation to the clause, sentence, paragraph, subdivision, section
45 or part thereof directly involved in the controversy in which such judg-
46 ment shall have been rendered. It is hereby declared to be the intent of
47 the legislature that this act would have been enacted even if such
48 invalid provisions had not been included in this act.
49 § 23. This act shall take effect immediately, and shall be deemed to
50 have been in full force and effect on and after April 1, 2004; provided,
51 however, that the amendments to subdivisions 8-b and 8-c of section 17
52 of the alcoholic beverage control law made by section seven of this act
53 shall not affect the repeal of such subdivisions and shall be deemed
54 repealed therewith, provided, however, that the amendments made to
55 subdivision 3 of section 17 of the alcoholic beverage control law made
56 by section seven of this act shall take effect on the same date and in
S. 6056 34 A. 9556
1 the same manner as chapter 522 of the laws of 2003; provided, however,
2 if this act shall become a law after such date such provisions shall
3 take effect immediately and shall be deemed to have been in full force
4 and effect on and after April 1, 2004.
REPEAL NOTE: Sections 12, 13, 14, 18 and 19 of the alcoholic beverage
control law and sections 271, 272, 273 and 274 of the executive law,
proposed to be repealed by this act, relate to the duties and responsi-
bilities of the state liquor authority.
5 PART M
6 Section 1. Subparagraph (iii) of paragraph (c) of subdivision 3 of
7 section 259-i of the executive law, as amended by section 11 of part E
8 of chapter 62 of the laws of 2003, is amended to read as follows:
9 (iii) The alleged violator shall, within three days of the execution
10 of the warrant, be given written notice of the time, place and purpose
11 of the hearing unless he is detained pursuant to the provisions of
12 subparagraph (iv) of paragraph (a) of this subdivision. In those
13 instances, the alleged violator will be given written notice of the
14 time, place and purpose of the hearing within [five] ten days of the
15 execution of the warrant. The notice shall state what conditions of
16 presumptive release, parole, conditional release or post-release super-
17 vision are alleged to have been violated, and in what manner; that such
18 person shall have the right to appear and speak in his own behalf; that
19 he shall have the right to introduce letters and documents; that he may
20 present witnesses who can give relevant information to the hearing offi-
21 cer; that he has the right to confront the witnesses against him.
22 Adverse witnesses may be compelled to attend the preliminary hearing
23 unless the prisoner has been convicted of a new crime while on super-
24 vision or unless the hearing officer finds good cause for their non-at-
25 tendance.
26 § 2. This act shall take effect immediately and shall be deemed to
27 have been in full force and effect on and after April 1, 2004.
28 PART N
29 Section 1. Section 122 of the workers' compensation law, as amended by
30 chapter 113 of the laws of 1946, is amended to read as follows:
31 § 122. [Transcripts] Records of proceedings. A copy of the testimony,
32 evidence and procedure of any investigation or hearing, or a particular
33 part thereof, [transcribed by a stenographer in the employ of the board
34 and certified by such stenographer to be true and correct] prepared at
35 the direction of the board and using the method determined by the board
36 as appropriate, may be received in evidence with the same force and
37 effect as if [such stenographer] the person who created the record were
38 present and testifying to the facts so certified. A copy of such [tran-
39 script] record shall be furnished to any party upon payment of the fee
40 for transcripts of similar minutes in the supreme court to the board.
41 § 2. This act shall take effect immediately and shall be deemed to
42 have been in full force and effect on and after April 1, 2004.
43 PART O
44 Section 1. Paragraph (b) of subdivision 2 of section 29-c of the exec-
45 utive law, as amended by chapter 169 of the laws of 1994, is amended to
46 read as follows:
S. 6056 35 A. 9556
1 (b) The amount of such fee shall be determined annually by the commis-
2 sion taking into account the costs of such responsibilities not other-
3 wise provided for and unexpended amounts of previous fees paid by any
4 such licensee. In no event shall an annual fee for any facility exceed
5 [five] nine hundred fifty thousand dollars. Such fee, which shall be
6 payable to the commission on or before April first, shall be expended or
7 distributed only by appropriation.
8 § 2. This act shall take effect immediately and shall be deemed to
9 have been in full force and effect on and after April 1, 2004.
10 PART P
11 Section 1. Paragraph a of subdivision 6 of section 399-z of the gener-
12 al business law, as amended by chapter 124 of the laws of 2003, is
13 amended to read as follows:
14 a. Where it is determined after hearing that any person has violated
15 one or more provisions of this section, the director, or any person
16 deputized or so designated by him or her may assess a fine not to exceed
17 [five] eleven thousand dollars for each violation.
18 § 2. This act shall take effect immediately.
19 PART Q
20 Section 1. Section 220.06 of the penal law, as amended by chapter 75
21 of the laws of 1995, subdivision 4 as amended by chapter 537 of the laws
22 of 1998, subdivision 6 as added by chapter 635 of the laws of 1997 and
23 subdivision 7 as amended and subdivision 8 as added by chapter 264 of
24 the laws of 2003, is amended to read as follows:
25 § 220.06 Criminal possession of a controlled substance in the fifth
26 degree.
27 A person is guilty of criminal possession of a controlled substance in
28 the fifth degree when he knowingly and unlawfully possesses:
29 1. a controlled substance with intent to sell it; or
30 2. one or more preparations, compounds, mixtures or substances
31 containing a narcotic preparation and said preparations, compounds,
32 mixtures or substances are of an aggregate weight of [one-half ounce]
33 fourteen grams or more; or
34 3. one or more preparations, compounds, mixtures or substances
35 containing phencyclidine and said [phencyclidine weighs fifty milli-
36 grams] preparations, compounds, mixtures or substances are of an aggre-
37 gate weight of five hundred milligrams or more; or
38 4. one or more preparations, compounds, mixtures or substances
39 containing concentrated cannabis as defined in paragraph (a) of subdivi-
40 sion four of section thirty-three hundred two of the public health law
41 and said preparations, compounds, mixtures or substances are of an
42 aggregate weight of [one-fourth ounce] seven grams or more; or
43 5. one or more preparations, compounds, mixtures or substances
44 containing cocaine and said [cocaine weighs five hundred milligrams]
45 preparations, compounds, mixtures or substances are of an aggregate
46 weight of eight hundred thirty-three milligrams or more.
47 6. one or more preparations, compounds, mixtures or substances
48 containing ketamine and said [ketamine weighs] preparations, compounds,
49 mixtures or substances are of an aggregate weight of more than one thou-
50 sand milligrams; or
51 7. ketamine and has previously been convicted of possession or the
52 attempt to commit possession of ketamine in any amount; or
S. 6056 36 A. 9556
1 8. one or more preparations, compounds, mixtures or substances
2 containing gamma hydroxybutyric acid, as defined in paragraph four of
3 subdivision (e) of schedule I of section thirty-three hundred six of the
4 public health law, and said preparations, compounds, mixtures or
5 substances are of an aggregate weight of twenty-eight grams or more.
6 Criminal possession of a controlled substance in the fifth degree is a
7 class D felony.
8 § 2. Section 220.09 of the penal law, as amended by chapter 75 of the
9 laws of 1995, subdivision 10 as amended by chapter 537 of the laws of
10 1998, subdivision 13 as amended by chapter 635 of the laws of 1997 and
11 subdivision 14 as amended and subdivision 15 as added by chapter 264 of
12 the laws of 2003, is amended to read as follows:
13 § 220.09 Criminal possession of a controlled substance in the fourth
14 degree.
15 A person is guilty of criminal possession of a controlled substance in
16 the fourth degree when he knowingly and unlawfully possesses:
17 1. one or more preparations, compounds, mixtures or substances
18 containing a narcotic drug and said preparations, compounds, mixtures or
19 substances are of an aggregate weight of [one-eighth ounce] three and
20 one-half grams or more; or
21 2. one or more preparations, compounds, mixtures or substances
22 containing methamphetamine, its salts, isomers or salts of isomers and
23 said preparations, compounds, mixtures or substances are of an aggregate
24 weight of [one-half ounce] fourteen grams or more; or
25 3. one or more preparations, compounds, mixtures or substances
26 containing a narcotic preparation and said preparations, compounds,
27 mixtures or substances are of an aggregate weight of [two ounces]
28 fifty-seven grams or more; or
29 4. one or more preparations, compounds, mixtures or substances
30 containing a stimulant and said [stimulant weighs one gram] prepara-
31 tions, compounds, mixtures or substances are of an aggregate weight of
32 two grams or more; or
33 5. one or more preparations, compounds, mixtures or substances
34 containing lysergic acid diethylamide and said [lysergic acid diethylam-
35 ide weighs one milligram] preparations, compounds, mixtures or
36 substances are of an aggregate weight of three hundred milligrams or
37 more; or
38 6. one or more preparations, compounds, mixtures or substances
39 containing a hallucinogen and said [hallucinogen weighs twenty-five
40 milligrams] preparations, compounds, mixtures or substances are of an
41 aggregate weight of five grams or more; or
42 7. one or more preparations, compounds, mixtures or substances
43 containing a hallucinogenic substance and said [hallucinogenic substance
44 weighs one gram] preparations, compounds, mixtures or substances are of
45 an aggregate weight of three grams or more; or
46 8. one or more preparations, compounds, mixtures or substances
47 containing a dangerous depressant and [such dangerous depressant weighs
48 ten ounces] said preparations, compounds, mixtures or substances are of
49 an aggregate weight of two hundred eighty-three grams or more; or
50 9. one or more preparations, compounds, mixtures or substances
51 containing a depressant and [such depressant weighs two pounds] said
52 preparations, compounds, mixtures or substances are of an aggregate
53 weight of nine hundred six grams or more; or
54 10. one or more preparations, compounds, mixtures or substances
55 containing concentrated cannabis as defined in paragraph (a) of subdivi-
56 sion four of section thirty-three hundred two of the public health law
S. 6056 37 A. 9556
1 and said preparations, compounds, mixtures or substances are of an
2 aggregate weight of [one ounce] twenty-eight grams or more; or
3 11. one or more preparations, compounds, mixtures or substances
4 containing phencyclidine and said [phencyclidine weighs two hundred
5 fifty milligrams] preparations, compounds, mixtures or substances are of
6 an aggregate weight of two and one-half grams or more; or
7 12. one or more preparations, compounds, mixtures or substances
8 containing methadone and said [methadone weighs three hundred sixty
9 milligrams] preparations, compounds, mixtures or substances are of an
10 aggregate weight of more than seven grams or more; or
11 13. one or more preparations, compounds, mixtures or substances
12 containing phencyclidine and said [phencyclidine weighs fifty milli-
13 grams] preparations, compounds, mixtures or substances are of an aggre-
14 gate weight of five hundred milligrams or more with intent to sell it
15 and has previously been convicted of an offense defined in this article
16 or the attempt or conspiracy to commit any such offense; or
17 14. one or more preparations, compounds, mixtures or substances
18 containing ketamine and said [ketamine weighs four thousand milligrams]
19 preparations, compounds, mixtures or substances are of an aggregate
20 weight of four grams or more; or
21 15. one or more preparations, compounds, mixtures or substances
22 containing gamma hydroxybutyric acid, as defined in paragraph four of
23 subdivision (e) of schedule I of section thirty-three hundred six of the
24 public health law, and said preparations, compounds, mixtures or
25 substances are of an aggregate weight of two hundred grams or more.
26 Criminal possession of a controlled substance in the fourth degree is
27 a class C felony.
28 § 3. Section 220.16 of the penal law, as amended by chapter 75 of the
29 laws of 1995, is amended to read as follows:
30 § 220.16 Criminal possession of a controlled substance in the third
31 degree.
32 A person is guilty of criminal possession of a controlled substance in
33 the third degree when he knowingly and unlawfully possesses:
34 1. a narcotic drug with intent to sell it; or
35 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
36 acid diethylamide, with intent to sell it and has previously been con-
37 victed of an offense defined in this article [two hundred twenty] or the
38 attempt or conspiracy to commit any such offense; or
39 3. one or more preparations, compounds, mixtures or substances
40 containing a stimulant with intent to sell it and said [stimulant weighs
41 one gram] preparations, compounds, mixtures or substances are of an
42 aggregate weight of two grams or more; or
43 4. one or more preparations, compounds, mixtures or substances
44 containing lysergic acid diethylamide with intent to sell it and said
45 [lysergic acid diethylamide weighs one milligram] preparations,
46 compounds, mixtures or substances are of an aggregate weight of three
47 hundred milligrams or more; or
48 5. one or more preparations, compounds, mixtures or substances
49 containing a hallucinogen with intent to sell it and said [hallucinogen
50 weighs twenty-five milligrams] preparations, compounds, mixtures or
51 substances are of an aggregate weight of five grams or more; or
52 6. one or more preparations, compounds, mixtures or substances
53 containing a hallucinogenic substance with intent to sell it and said
54 [hallucinogenic substance weighs one gram] preparations, compounds,
55 mixtures or substances are of an aggregate weight of three grams or
56 more; or
S. 6056 38 A. 9556
1 7. one or more preparations, compounds, mixtures or substances
2 containing methamphetamine, its salts, isomers or salts of isomers with
3 intent to sell it and said preparations, compounds, mixtures or
4 substances are of an aggregate weight of [one-eighth ounce] three and
5 one-half grams or more; or
6 8. one or more preparations, compounds, mixtures or substances
7 containing a stimulant and said [stimulant weighs five grams] prepara-
8 tions, compounds, mixtures or substances are of an aggregate weight of
9 ten grams or more; or
10 9. one or more preparations, compounds, mixtures or substances
11 containing lysergic acid diethylamide and said [lysergic acid diethylam-
12 ide weighs five milligrams] preparations, compounds, mixtures or
13 substances are of an aggregate weight of one thousand five hundred
14 milligrams or more; or
15 10. one or more preparations, compounds, mixtures or substances
16 containing a hallucinogen and said [hallucinogen weighs one hundred
17 twenty-five milligrams] preparations, compounds, mixtures or substances
18 are of an aggregate weight of twenty-five grams or more; or
19 11. one or more preparations, compounds, mixtures or substances
20 containing a hallucinogenic substance and said [hallucinogenic substance
21 weighs five grams] preparations, compounds, mixtures or substances are
22 of an aggregate weight of fifteen grams or more; or
23 12. one or more preparations, compounds, mixtures or substances
24 containing a narcotic drug and said preparations, compounds, mixtures or
25 substances are of an aggregate weight of [one-half ounce] fourteen grams
26 or more; or
27 13. one or more preparations, compounds, mixtures or substances
28 containing phencyclidine and said [phencyclidine weighs one thousand two
29 hundred fifty milligrams] preparations, compounds, mixtures or
30 substances are of an aggregate weight of twelve and one-half grams or
31 more.
32 Criminal possession of a controlled substance in the third degree is a
33 class B felony.
34 § 4. Section 220.18 of the penal law, as amended by chapter 75 of the
35 laws of 1995, is amended to read as follows:
36 § 220.18 Criminal possession of a controlled substance in the second
37 degree.
38 A person is guilty of criminal possession of a controlled substance in
39 the second degree when he knowingly and unlawfully possesses:
40 1. one or more preparations, compounds, mixtures or substances
41 containing a narcotic drug and said preparations, compounds, mixtures or
42 substances are of an aggregate weight of [two ounces] fifty-seven grams
43 or more; or
44 2. one or more preparations, compounds, mixtures or substances
45 containing methamphetamine, its salts, isomers or salts of isomers and
46 said preparations, compounds, mixtures or substances are of an aggregate
47 weight of [two ounces] fifty-seven grams or more; or
48 3. one or more preparations, compounds, mixtures or substances
49 containing a stimulant and said [stimulant weighs ten grams] prepara-
50 tions, compounds, mixtures or substances are of an aggregate weight of
51 twenty grams or more; or
52 4. one or more preparations, compounds, mixtures or substances
53 containing lysergic acid diethylamide and said [lysergic acid diethylam-
54 ide weighs twenty-five milligrams] preparations, compounds, mixtures or
55 substances are of an aggregate weight of seven and one-half grams or
56 more; or
S. 6056 39 A. 9556
1 5. one or more preparations, compounds, mixtures or substances
2 containing a hallucinogen and said [hallucinogen weighs six hundred
3 twenty-five milligrams] preparations, compounds, mixtures or substances
4 are of an aggregate weight of one hundred twenty-five grams or more; or
5 6. one or more preparations, compounds, mixtures or substances
6 containing a hallucinogenic substance and said [hallucinogenic substance
7 weighs twenty-five grams] preparations, compounds, mixtures or
8 substances are of an aggregate weight of seventy-five grams or more; or
9 7. one or more preparations, compounds, mixtures or substances
10 containing methadone and said [methadone weighs two thousand eight
11 hundred eighty milligrams] preparations, compounds, mixtures or
12 substances are of an aggregate weight of fifty-eight grams or more.
13 Criminal possession of a controlled substance in the second degree is
14 a class A-II felony.
15 § 5. Section 220.21 of the penal law, as amended by chapter 75 of the
16 laws of 1995, is amended to read as follows:
17 § 220.21 Criminal possession of a controlled substance in the first
18 degree.
19 A person is guilty of criminal possession of a controlled substance in
20 the first degree when he knowingly and unlawfully possesses:
21 1. one or more preparations, compounds, mixtures or substances
22 containing a narcotic drug and said preparations, compounds, mixtures or
23 substances are of an aggregate weight of [four ounces] one hundred thir-
24 teen grams or more; or
25 2. one or more preparations, compounds, mixtures or substances
26 containing methadone and said [methadone weighs five thousand seven
27 hundred sixty milligrams] preparations, compounds, mixtures or
28 substances are of an aggregate weight of one hundred fifteen grams or
29 more.
30 Criminal possession of a controlled substance in the first degree is a
31 class A-I felony.
32 § 6. Section 220.34 of the penal law, as amended by chapter 280 of the
33 laws of 1986, subdivisions 2 and 4 as amended by chapter 75 of the laws
34 of 1995, subdivision 3 as amended by chapter 537 of the laws of 1998,
35 subdivision 6-a as added by chapter 635 of the laws of 1997, subdivision
36 7 as amended by chapter 289 of the laws of 1998 and subdivision 8 as
37 amended and subdivision 9 as added by chapter 264 of the laws of 2003,
38 is amended to read as follows:
39 § 220.34 Criminal sale of a controlled substance in the fourth degree.
40 A person is guilty of criminal sale of a controlled substance in the
41 fourth degree when he knowingly and unlawfully sells:
42 1. a narcotic preparation; or
43 2. one or more preparations, compounds, mixtures or substances
44 containing a dangerous depressant or a depressant and the [dangerous
45 depressant weighs ten ounces or more, or the depressant weighs two
46 pounds] preparations, compounds, mixtures or substances containing a
47 dangerous depressant are of an aggregate weight of two hundred eighty-
48 three grams or more, or said preparations, compounds, mixtures or
49 substances containing the depressant are of an aggregate weight of nine
50 hundred six grams or more; or
51 3. concentrated cannabis as defined in paragraph (a) of subdivision
52 four of section thirty-three hundred two of the public health law; or
53 4. one or more preparations, compounds, mixtures or substances
54 containing phencyclidine and [the phencyclidine weighs fifty milligrams]
55 said preparations, compounds, mixtures or substances are of an aggregate
56 weight of two and one-half grams or more; or
S. 6056 40 A. 9556
1 5. methadone; or
2 6. any amount of phencyclidine and has previously been convicted of an
3 offense defined in this article or the attempt or conspiracy to commit
4 any such offense; or
5 6-a. one or more preparations, compounds, mixtures or substances
6 containing ketamine and said [ketamine weighs four thousand milligrams]
7 preparations, compounds, mixtures or substances are of an aggregate
8 weight of four grams or more.
9 7. a controlled substance in violation of section 220.31 of this arti-
10 cle, when such sale takes place upon school grounds; or
11 8. a controlled substance in violation of section 220.31 of this arti-
12 cle, when such sale takes place upon the grounds of a child day care or
13 educational facility under circumstances evincing knowledge by the
14 defendant that such sale is taking place upon such grounds. As used in
15 this subdivision, the phrase "the grounds of a child day care or educa-
16 tional facility" shall have the same meaning as provided for in subdivi-
17 sion five of section 220.44 of this article. For the purposes of this
18 subdivision, a rebuttable presumption shall be established that a person
19 has knowledge that they are within the grounds of a child day care or
20 educational facility when notice is conspicuously posted of the presence
21 or proximity of such facility; or
22 9. one or more preparations, compounds, mixtures or substances
23 containing gamma hydroxybutyric acid, as defined in paragraph four of
24 subdivision (e) of schedule I of section thirty-three hundred six of the
25 public health law, and said preparations, compounds, mixtures or
26 substances are of an aggregate weight of twenty-eight grams or more.
27 Criminal sale of a controlled substance in the fourth degree is a
28 class C felony.
29 § 7. Section 220.39 of the penal law, as amended by chapter 1051 of
30 the laws of 1973, subdivisions 3, 4, 5, 6, 7, and 8 as amended by chap-
31 ter 75 of the laws of 1995, subdivision 9 as added and the closing para-
32 graph as amended by chapter 410 of the laws of 1979, is amended to read
33 as follows:
34 § 220.39 Criminal sale of a controlled substance in the third degree.
35 A person is guilty of criminal sale of a controlled substance in the
36 third degree when he knowingly and unlawfully sells:
37 1. a narcotic drug; or
38 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
39 acid diethylamide and has previously been convicted of an offense
40 defined in article two hundred twenty or the attempt or conspiracy to
41 commit any such offense; or
42 3. one or more preparations, compounds, mixtures or substances
43 containing a stimulant and the [stimulant weighs one gram] preparations,
44 compounds, mixtures or substances are of an aggregate weight of two
45 grams or more; or
46 4. one or more preparations, compounds, mixtures or substances
47 containing lysergic acid diethylamide and the [lysergic acid diethylam-
48 ide weighs one milligram] preparations, compounds, mixtures or
49 substances are of an aggregate weight of three hundred milligrams or
50 more; or
51 5. one or more preparations, compounds, mixtures or substances
52 containing a hallucinogen and the [hallucinogen weighs twenty-five
53 milligrams] preparations, compounds, mixtures or substances are of an
54 aggregate weight of five grams or more; or
55 6. one or more preparations, compounds, mixtures or substances
56 containing a hallucinogenic substance and the [hallucinogenic substance
S. 6056 41 A. 9556
1 weighs one gram] preparations, compounds, mixtures or substances are of
2 an aggregate weight of three grams or more; or
3 7. one or more preparations, compounds, mixtures or substances
4 containing methamphetamine, its salts, isomers or salts of isomers and
5 the preparations, compounds, mixtures or substances are of an aggregate
6 weight of [one-eighth ounce] three and one-half grams or more; or
7 8. one or more preparations, compounds, mixtures or substances
8 containing phencyclidine and the [phencyclidine weighs two hundred fifty
9 milligrams] preparations, compounds, mixtures or substances are of an
10 aggregate weight of two and one-half grams or more; or
11 9. a narcotic preparation to a person less than twenty-one years old.
12 Criminal sale of a controlled substance in the third degree is a class
13 B felony.
14 § 8. Section 220.41 of the penal law, as added by chapter 276 of the
15 laws of 1973 and subdivisions 1, 2, 3, 4, 5, 6 and 7 as amended by chap-
16 ter 75 of the law of 1995, is amended to read as follows:
17 § 220.41 Criminal sale of a controlled substance in the second degree.
18 A person is guilty of criminal sale of a controlled substance in the
19 second degree when he knowingly and unlawfully sells:
20 1. one or more preparations, compounds, mixtures or substances
21 containing a narcotic drug and the preparations, compounds, mixtures or
22 substances are of an aggregate weight of [one-half ounce] fourteen grams
23 or more; or
24 2. one or more preparations, compounds, mixtures or substances
25 containing methamphetamine, its salts, isomers or salts of isomers and
26 the preparations, compounds, mixtures or substances are of an aggregate
27 weight of [one-half ounce] fourteen grams or more; or
28 3. one or more preparations, compounds, mixtures or substances
29 containing a stimulant and the [stimulant weighs five grams] prepara-
30 tions, compounds, mixtures or substances are of an aggregate weight of
31 ten grams or more; or
32 4. one or more preparations, compounds, mixtures or substances
33 containing lysergic acid diethylamide and the [lysergic acid diethylam-
34 ide weighs five milligrams] preparations, compounds, mixtures or
35 substances are of an aggregate weight of one thousand five hundred
36 milligrams or more; or
37 5. one or more preparations, compounds, mixtures or substances
38 containing a hallucinogen and the [hallucinogen weighs one hundred twen-
39 ty-five milligrams] preparations, compounds, mixtures or substances are
40 of an aggregate weight of twenty-five grams or more; or
41 6. one or more preparations, compounds, mixtures or substances
42 containing a hallucinogenic substance and the [hallucinogenic substance
43 weighs five grams] preparations, compounds, mixtures or substances are
44 of an aggregate weight of fifteen grams or more; or
45 7. one or more preparations, compounds, mixtures or substances
46 containing methadone and the [methadone weighs three hundred sixty
47 milligrams] preparations, compounds, mixtures or substances are of an
48 aggregate weight of seven grams or more.
49 Criminal sale of a controlled substance in the second degree is a
50 class A-II felony.
51 § 9. Section 220.43 of the penal law, as amended by chapter 785 of the
52 laws of 1975 and subdivisions 1 and 2 as amended by chapter 75 of the
53 laws of 1995, is amended to read as follows:
54 § 220.43 Criminal sale of a controlled substance in the first degree.
55 A person is guilty of criminal sale of a controlled substance in the
56 first degree when he knowingly and unlawfully sells:
S. 6056 42 A. 9556
1 1. one or more preparations, compounds, mixtures or substances
2 containing a narcotic drug and the preparations, compounds, mixtures or
3 substances are of an aggregate weight of [two ounces] fifty-seven grams
4 or more; or
5 2. one or more preparations, compounds, mixtures or substances
6 containing methadone and [the methadone weighs two thousand eight
7 hundred eighty milligrams] said preparations, compounds, mixtures or
8 substances weight fifty-eight grams or more.
9 Criminal sale of a controlled substance in the first degree is a class
10 A-I felony.
11 § 10. This act shall take effect immediately.
12 PART R
13 Section 1. Subdivisions (b) and (d) of section 370-i of the general
14 business law, as added by chapter 691 of the laws of 2003, are amended
15 to read as follows:
16 (b) Any complaints regarding violations of this article shall be first
17 filed with the state consumer protection board who shall conduct an
18 investigation and may request in writing the production of documents and
19 records as part of its investigation. Trade secrets and proprietary
20 business information contained in the documents or records received by
21 the state consumer protection board pursuant to a written request or a
22 subpoena are confidential. If the person upon whom such request was made
23 fails to produce the documents or records within thirty days after the
24 date of the request, the state consumer protection board may issue and
25 serve subpoenas to compel the production of such documents and records.
26 If any person shall refuse to comply with a subpoena issued under this
27 section, the state consumer protection board may petition a court of
28 competent jurisdiction to enforce the subpoena and such sanctions as the
29 court may direct. Refiners shall afford the state consumer protection
30 board reasonable access to the refiners' posted terminal price. After
31 completion of an investigation, the state consumer protection board
32 shall either: (i) dismiss the complaint following a determination that
33 no violation occurred; (ii) dismiss the complaint following a determi-
34 nation that there has been a de [minimus] minimis injury to competition;
35 or (iii) determine that a violation has likely occurred and, if so,
36 shall attempt to resolve the matter by settlement, which may include a
37 monetary settlement to cover the ordinary costs and expenses incurred by
38 the state consumer protection board. If no settlement is achieved, then
39 the matter shall be referred to the attorney general for further
40 proceedings, including, if necessary, legal action.
41 (d) (1) The civil penalty imposed under this section and/or any
42 injunctive relief may be sought in a civil action brought by the attor-
43 ney general in any court of competent jurisdiction. If the attorney
44 general prevails in a civil action, the court may award the attorney
45 general reasonable attorneys' fees, and an amount equal to the ordinary
46 costs and expenses incurred by the state consumer protection board, as
47 it deems appropriate. If the attorney general reaches a settlement,
48 this settlement shall include an amount equal to the ordinary costs and
49 expenses incurred by the state consumer protection board. Upon the
50 receipt of any award or settlement to the attorney general of the ordi-
51 nary costs and expenses incurred by the state consumer protection board,
52 the attorney general shall deliver such amount immediately to the state
53 consumer protection board.
S. 6056 43 A. 9556
1 (2) "Ordinary costs and expenses" shall mean costs and expenses
2 incurred by the state consumer protection board, in the administration
3 of the provisions of law enumerated in this article.
4 § 2. This act shall take effect immediately and shall be deemed to
5 have been in full force and effect on and after April 1, 2004; provided
6 however, that the amendments to subdivisions (b) and (d) of section
7 370-i of the general business law made by section one of this act shall
8 not affect the repeal of such section and shall be deemed repealed ther-
9 ewith.
10 PART S
11 Section 1. Section 621 of the executive law is amended by adding a new
12 subdivision 23 to read as follows:
13 23. "Catastrophic injury" shall mean an injury which creates a
14 substantial risk of death or permanent and total disability and which
15 requires extensive medical intervention.
16 § 2. Subdivision 2 of section 631 of the executive law, as amended by
17 chapter 81 of the laws of 1998, is amended to read as follows:
18 2. Any award made pursuant to this article shall be in an amount not
19 exceeding out-of-pocket expenses, including indebtedness reasonably
20 incurred for medical expenses not to exceed twenty-five thousand
21 dollars, or sixty thousand dollars for catastrophic injury, or other
22 services necessary as a result of the injury upon which the claim is
23 based; loss of earnings or support resulting from such injury not to
24 exceed thirty thousand dollars; burial expenses not exceeding six thou-
25 sand dollars of a victim who died as a direct result of a crime; the
26 costs of crime scene cleanup and securing of a crime scene not exceeding
27 twenty-five hundred dollars; and the unreimbursed cost of repair or
28 replacement of articles of essential personal property lost, damaged or
29 destroyed as a direct result of the crime. In addition to the medical or
30 other services necessary as a result of the injury upon which the claim
31 is based, an award may be made for rehabilitative occupational training
32 for the purpose of job retraining or similar employment-oriented rehabi-
33 litative services based upon the claimant's medical and employment
34 history. For the purpose of this subdivision, rehabilitative occupa-
35 tional training shall include but not be limited to educational training
36 and expenses. An award for rehabilitative occupational training may be
37 made to a victim, or to a family member of a victim where necessary as a
38 direct result of a crime.
39 § 3. This act shall take effect immediately and shall be deemed to
40 have been in full force and effect on and after April 1, 2004 and apply
41 to claims filed after the date it shall have become a law.
42 PART T
43 Section 1. Subdivision 4 of section 1689-g of the public authorities
44 law, as added by section 3 of part H of chapter 81 of the laws of 2002,
45 is amended to read as follows:
46 4. Whenever the authority enters into a financing agreement with an
47 eligible political subdivision, each eligible political subdivision is
48 hereby authorized, in connection with the financing agreement, to assign
49 and pledge to the authority, a sufficient portion of any and all public
50 funds to be apportioned or otherwise to be made payable to the eligible
51 political subdivision by the state of New York, for payments required
52 under the financing agreement between the eligible political subdivision
S. 6056 44 A. 9556
1 and the authority. A municipality, as defined in section three hundred
2 one of the county law, may agree to cooperate with other municipalities,
3 political subdivisions and/or the state in the deployment of enhanced
4 wireless 911 service, and may agree to share such costs and resources.
5 Eligible wireless 911 service costs by each cooperating municipality or
6 political subdivision shall be eligible for funding pursuant to this
7 section and section three hundred thirty-three of the county law.
8 § 2. Subdivision 10 of section 325 of the county law, as added by
9 section 1 of part G of chapter 81 of the laws of 2002, is amended to
10 read as follows:
11 10. "Local public safety answering point" means a site designated and
12 operated by a local governmental entity, or entities, for the purpose of
13 receiving emergency calls from customers of a wireless telephone service
14 supplier.
15 § 3. Subdivision 16 of section 325 of the county law, as added by
16 section 1 of part G of chapter 81 of the laws of 2002, is amended to
17 read as follows:
18 16. "Eligible wireless 911 service costs" shall mean costs eligible
19 for reimbursement and shall include the actual costs incurred by [the
20 locality] a governmental entity related to the design, installation or
21 maintenance of a system to provide enhanced wireless 911 service,
22 including, but not limited to, hardware, software, consultants, financ-
23 ing and other acquisition costs; provided such costs may also include
24 costs incurred pursuant to a cooperative agreement between: two or more
25 municipalities; or a municipality, a political subdivision and/or the
26 state.
27 § 4. Subdivision 1 of section 331 of the county law, as amended by
28 chapter 536 of the laws of 2003, is amended to read as follows:
29 1. A local public safety answering point shall be eligible for
30 reimbursement of eligible wireless 911 service costs. Applications for
31 reimbursement shall be in a form and manner determined by the department
32 of state and shall be submitted by a municipality, as defined in section
33 three hundred one of this chapter, or municipalities. Any local public
34 safety answering point operated by a political subdivision or a local
35 public safety answering point operated by a not-for-profit corporation
36 under contract with a political subdivision, within a county with a
37 population in excess of one million according to the federal decennial
38 census of two thousand shall be eligible to share in any reimbursement
39 received by such county, provided, however, that such local public
40 service answering point had received wireless calls on or before the
41 effective date of this article. Any county which contains a city with a
42 population in excess of one hundred thousand according to the federal
43 decennial census of two thousand [which] and such city is serviced by a
44 local public safety answering point that received wireless 911 calls on
45 or before the effective date of this article shall be required to share
46 any reimbursement received by such county with such city in accordance
47 with section three hundred thirty-two of this article. The applicant
48 shall distribute its reimbursement to eligible local public safety
49 answering points in accordance with an equitable distribution based upon
50 eligible wireless 911 service costs incurred; no local public safety
51 answering point eligible under this subdivision shall be denied
52 reimbursement for such eligible costs, provided that there are funds
53 available to the applicant pursuant to section three hundred thirty-two
54 of this article. A municipality, as defined in section three hundred
55 one of this chapter, may agree to cooperate with other municipalities,
56 political subdivisions and/or the state in the deployment of enhanced
S. 6056 45 A. 9556
1 wireless 911 service, and may agree to share such costs and resources.
2 Eligible wireless 911 service costs incurred by each cooperating munici-
3 pality or political subdivision shall be eligible for reimbursement
4 pursuant to this section.
5 § 5. Subdivision 1 of section 332 of the county law, as added by
6 section 1 of part G of chapter 81 of the laws of 2002, is amended to
7 read as follows:
8 1. Of the monies appropriated to the department of state from the
9 miscellaneous special revenue fund - (339), local wireless public safety
10 answering point account, the department of state shall allocate such
11 monies annually for eligible wireless 911 service costs based on the
12 population of an eligible municipality in proportion to other eligible
13 municipalities, from federal census data as determined in the two thou-
14 sand census. On or before August first, two thousand two, and annually
15 thereafter, the department of state shall determine the municipalities
16 eligible to apply for reimbursement of eligible wireless 911 service
17 costs. "Municipality" as used in this section shall have the same mean-
18 ing as in section three hundred one of this chapter. A municipality
19 shall be eligible to apply for reimbursement if a local public safety
20 answering point has operated in such municipality at any time during the
21 twelve month period immediately preceding the annual determination of
22 eligible municipalities. A municipality may agree to cooperate with
23 other municipalities, political subdivisions and/or the state in the
24 deployment of enhanced wireless 911 service, and may agree to share such
25 costs and resources. Eligible wireless 911 service costs incurred by
26 each cooperating municipality or political subdivision shall be eligible
27 for reimbursement pursuant to section three hundred thirty-one of this
28 article.
29 § 6. Subdivision 1 of section 333 of the county law, as added by
30 section 4 of part Y of chapter 62 of the laws of 2003, is amended to
31 read as follows:
32 1. [Only local] Local public safety answering points designated and
33 operated by a governmental entity or entities, other than the state
34 police, shall be eligible for expedited deployment funding. A munici-
35 pality, as defined in section three hundred one of this chapter, may
36 agree to cooperate with other municipalities, political subdivisions
37 and/or the state in the deployment of enhanced wireless 911 service, and
38 may agree to share such costs and resources. Eligible wireless 911
39 service costs by each cooperating municipality or political subdivision
40 shall be eligible for funding pursuant to this section and section one
41 thousand six hundred eighty-nine-g of the public authorities law.
42 § 7. This act shall take effect immediately.
43 PART U
44 Section 1. Subdivision 2 of section 14-e of the banking law, as added
45 by chapter 1 of the laws of 1984, is amended to read as follows:
46 2. Such applications as the banking board may prescribe under para-
47 graph (a), (b) or (c) of subdivision one of this section shall each be
48 accompanied by an investigation fee [of five thousand dollars] as
49 prescribed by regulation of the superintendent.
50 § 2. The opening paragraph of subdivision 2 and subdivisions 3 and 4
51 of section 17 of the banking law, the opening paragraph of subdivision 2
52 as amended by chapter 297 of the laws of 1993, subdivision 3 as amended
53 by chapter 374 of the laws of 1979 and subdivision 4 as amended by chap-
54 ter 186 of the laws of 1978, are amended to read as follows:
S. 6056 46 A. 9556
1 All general expenses, including in addition to the direct costs of
2 personal service, the cost of maintenance and operation, the cost of
3 retirement contributions made and workers' compensation premiums paid by
4 the state for or on account of personnel, rentals for space occupied in
5 state owned or state leased buildings and all other direct or indirect
6 costs, incurred in connection with the supervision of [banking organiza-
7 tions, licensed lenders, licensed sales finance companies, licensed
8 cashers of checks, licensed insurance premium finance agencies, licensed
9 transmitters of money, foreign banking corporations licensed to maintain
10 a representative office, agency or branch and licensed mortgage bankers]
11 any person or entity licensed, registered, or incorporated or otherwise
12 formed pursuant to this chapter shall be charged to and paid by them in
13 such proportions as the superintendent shall deem just and reasonable.
14 The provisions of this subdivision shall not be applicable to a bank
15 holding company, as that term is defined in article three-A of this
16 chapter.
17 3. The expenses incurred in making examinations of, or for special
18 services performed on account of, any bank holding company [registered
19 under], as that term is defined in article three-A of this chapter,
20 [banking organization, licensed lender, licensed transmitter of money,
21 licensed casher of checks, or foreign banking corporation or agency or
22 branch thereof to which this chapter is applicable] or any other person
23 or entity licensed, registered, or incorporated or otherwise formed
24 pursuant to this chapter, shall be assessed against and paid by the bank
25 holding company[, banking organization, licensed lender, licensed trans-
26 mitter of money, licensed casher of checks, or foreign banking corpo-
27 ration] or any other person or entity licensed, registered, or incorpo-
28 rated or otherwise formed pursuant to this chapter for which they were
29 incurred or performed, except that traveling and subsistence expenses so
30 incurred may, in the superintendent's discretion, be assessed as
31 provided in subdivision two of this section.
32 4. The expenses incurred in making an examination of any affiliate of
33 a [corporate] banking organization pursuant to subdivision six of
34 section thirty-six of this chapter, and the expenses incurred in making
35 an examination, pursuant to subdivision six-a of section thirty-six of
36 this [article] chapter, of a non-banking subsidiary of a corporation or
37 any other entity that is an affiliate of a [corporate] banking organiza-
38 tion, shall be assessed against and paid by such [corporate] banking
39 organization if the affiliate cannot be assessed pursuant to the
40 provisions of subdivision three of this section.
41 § 3. Section 18 of the banking law, as amended by chapter 571 of the
42 laws of 1975, is amended to read as follows:
43 § 18. Fees [for copies and certifications] and penalties. 1. The
44 superintendent shall, by regulation, determine the amount or amounts of
45 any fee or fees, as the superintendent, in his or her discretion, deems
46 appropriate, authorized as part of any application, investigation,
47 submission, certificate, license or registration required, authorized or
48 issued pursuant to this chapter.
49 2. For every copy of any paper filed in the department and for the
50 certification thereof, [except where such copy or certification is made
51 for the benefit of a banking organization, licensed lender, licensed
52 sales finance company, licensed casher of checks, licensed insurance
53 premium finance agency, licensed transmitter of money or foreign corpo-
54 ration licensed by the superintendent to do business in this state, the
55 department] the superintendent may charge such amount as prescribed by
S. 6056 47 A. 9556
1 regulation as the superintendent shall, in his or her discretion, deter-
2 mine to be fair and reasonable.
3 3. The superintendent shall, by regulation, determine the amount or
4 amounts of any penalty or penalties, authorized pursuant to this chapter
5 as the superintendent, in his or her discretion, deems appropriate;
6 provided that the provisions of this subdivision shall not apply to a
7 monetary penalty or penalties set forth in the penal law or the criminal
8 provisions of this chapter or any other law of this state.
9 4. Notwithstanding any other provision of this chapter, any person or
10 entity licensed, registered, or incorporated or otherwise formed pursu-
11 ant to this chapter that fails to make any report required by the super-
12 intendent pursuant to this chapter, on or before the day designated for
13 the making thereof, or fails to include therein any prescribed matter,
14 shall forfeit to the people of the state an amount as prescribed by
15 regulation of the superintendent for every day that such report shall be
16 delayed or withheld, and for every day that such person or entity shall
17 fail to report any such omitted matter, unless the superintendent shall,
18 in his or her sole discretion, for good cause shown, reduce the amount
19 to be forfeited, or unless the time therefor shall have been extended by
20 the superintendent.
21 § 4. Section 20 of the banking law, as amended by chapter 571 of the
22 laws of 1975, is amended to read as follows:
23 § 20. Assessments, penalties and forfeitures entitled to priority. In
24 case of the insolvency or voluntary or involuntary liquidation of any
25 [banking organization, licensed lender, licensed sales finance company,
26 licensed casher of checks, licensed insurance premium finance agency,
27 licensed transmitter of money or foreign corporation] person or entity
28 licensed, registered, or incorporated or otherwise formed pursuant to
29 this chapter, all unpaid charges lawfully assessed against [it] such
30 person or entity by the superintendent and all unpaid penalties and
31 forfeitures incurred by [it] such person or entity under any section of
32 this chapter shall be entitled to priority of payment from [its] such
33 person's or entity's assets on an equality with any other priority given
34 by this chapter.
35 § 5. Section 21 of the banking law, as amended by chapter 571 of the
36 laws of 1975, is amended to read as follows:
37 § 21. Collection of assessments, penalties and forfeitures;
38 proceedings by attorney-general. 1. When the superintendent, pursuant to
39 the powers conferred on him or her by this article, shall have duly
40 levied any assessment and shall have given due notification of the
41 amount thereof, the amount so assessed shall become a liability of, and
42 shall be paid to the superintendent by [the banking organization,
43 licensed lender, licensed sales finance company, licensed casher of
44 checks, licensed insurance premium finance agency, licensed transmitter
45 of money or foreign corporation] any person or entity licensed, regis-
46 tered, or incorporated or otherwise formed pursuant to this chapter upon
47 which it was levied.
48 2. If any [banking organization, licensed transmitter of money or
49 foreign corporation] person or entity licensed, registered, or incorpo-
50 rated or otherwise formed pursuant to this chapter shall not pay, after
51 due notice, any such assessment or any penalty or forfeiture incurred
52 under any section of this chapter, the superintendent may, in his or her
53 discretion, apply in payment thereof, with interest at the legal rate,
54 so much as may be necessary of the interest accruing on any stocks or
55 bonds deposited with him or her by such [banking organization, licensed
56 transmitter of money or foreign corporation] person or entity licensed,
S. 6056 48 A. 9556
1 registered, or incorporated or otherwise formed pursuant to this chapter
2 pursuant to any requirement of this chapter.
3 3. The superintendent may, in his or her discretion, report to the
4 attorney-general any failure to make such payments or the failure of any
5 officer, director, trustee, or employee of any [such banking organiza-
6 tion, licensed lender, licensed sales finance company, licensed casher
7 of checks, licensed insurance premium finance agency, licensed transmit-
8 ter of money or foreign corporation] person or entity licensed, regis-
9 tered, or incorporated or otherwise formed pursuant to this chapter,
10 after due notice, to pay any penalty or forfeiture incurred by him or
11 her under any provision of this chapter, or any violation by any corpo-
12 ration, unincorporated association, partnership [or], individual, or any
13 other entity, of any provision of this chapter. The attorney-general
14 shall thereupon, in the name of the superintendent, or of the people of
15 the state, institute such action or proceedings as the facts may
16 warrant.
17 4. The provisions of this section shall be applicable to any bank
18 holding company, as that term is defined in article three-A of this
19 chapter.
20 § 6. The second undesignated paragraph of section 23 of the banking
21 law, as amended by chapter 509 of the laws of 1977, is amended to read
22 as follows:
23 At the time of submission of the certificate and accompanying docu-
24 ments an investigation fee [of two thousand five hundred dollars] as
25 prescribed by regulation of the superintendent shall be paid to the
26 superintendent, to be retained by him or her if the certificate and
27 accompanying documents are filed. If the certificate and accompanying
28 documents are not filed because of defects therein, the investigation
29 fee is to be returned with such papers to the persons from whom they
30 were received. [No investigation fee shall be required on the submission
31 of an organization certificate for a credit union nor on the filing of a
32 verified certificate pursuant to section one hundred sixty of this chap-
33 ter by the continuing, surviving or successor partner or partners of a
34 private banker for an authorization certificate to engage in business as
35 a private banker.]
36 § 7. Section 28-a of the banking law, as amended by chapter 611 of the
37 laws of 1976, is amended to read as follows:
38 § 28-a. Temporary change of location; approval or refusal; certif-
39 icate. Notwithstanding any provisions of law limiting the number of
40 offices which may be maintained thereby, any banking organization or
41 foreign banking corporation may make a written application to the super-
42 intendent for a temporary change of location of its authorized place or
43 one of its authorized places of business or a portion thereof to another
44 place within the state which shall be as near as practicable to such
45 authorized place of business. At the time of making the application an
46 investigation fee [of one hundred fifty dollars] as prescribed by regu-
47 lation of the superintendent shall be paid to the superintendent for
48 each temporary location for which leave to open is sought, except where
49 (1) the applicant would not be required to pay an investigation fee upon
50 the filing of an application for a change of location under provisions
51 of this chapter other than this section, or (2) said application is
52 necessitated by damage or destruction caused by flood, tidal wave,
53 earthquake, conflagration, tornado, hurricane, cyclone, windstorm or
54 other storm or such other event as shall have been declared a catastro-
55 phe by the superintendent. If there is no reasonable objection to such
56 change, and if the superintendent finds that such change is necessary or
S. 6056 49 A. 9556
1 desirable during a period of construction, repair, alteration, improve-
2 ment, or reconstruction of the previously authorized place of business,
3 he or she shall issue a certificate under his or her hand and the offi-
4 cial seal of the department authorizing each such change and specifying
5 (a) the period during which such temporary location may be maintained,
6 (b) the date on or after which such change may be made, and (c) the
7 powers which may be exercised thereat. The superintendent shall cause
8 the original of such certificate to be transmitted to the applicant, a
9 copy to be filed in the office of the department and a copy to be filed
10 in the office of the clerk of the county in which the principal office
11 of the applicant is located. If the superintendent shall be satisfied
12 in any case that a change is undesirable or inexpedient, he or she shall
13 refuse such application and notify the applicant of his or her determi-
14 nation. A temporary place of business occupied pursuant to the
15 provisions of this section shall be closed as soon as practicable, and
16 in no event later than the date specified in its authorization certif-
17 icate, unless the superintendent shall have extended such time. The
18 banking organization or corporation shall notify the superintendent in
19 writing prior to such closing as to the date it intends to close the
20 temporary place of business.
21 § 8. Section 29 of the banking law, as added by chapter 360 of the
22 laws of 1984, is amended to read as follows:
23 § 29. Branch offices; public accommodation offices; approval or
24 refusal; certificate; investigation fee. When a banking organization
25 seeks to open a branch office or public accommodation office, it shall
26 submit a written application to the superintendent. The application
27 shall contain such information as the superintendent deems necessary. At
28 the time of making such application, an investigation fee [of six
29 hundred fifty dollars] as prescribed by regulation of the superintendent
30 shall be paid to the superintendent for each branch office or public
31 accommodation office for which leave to open is sought. If the super-
32 intendent finds that the opening of the branch office or public accommo-
33 dation office is consistent with the declaration of policy set forth in
34 section ten of this article and that the applicant is in compliance with
35 section twenty-eight-b of this article, he or she shall issue a certif-
36 icate in triplicate under his or her hand and the official seal of the
37 department authorizing the opening and occupation of such branch office
38 or public accommodation office and specifying the date on or after which
39 and the conditions under which it may be opened and the place where it
40 shall be located. The superintendent shall cause one of such triplicate
41 certificates to be transmitted to the applicant, another to be filed in
42 the office of the department and the third to be filed in the office of
43 the clerk of the county in which the principal office of the applicant
44 is located. If the superintendent shall not find that the opening of the
45 branch or public accommodation office is consistent with the declaration
46 of policy set forth in section ten of this article or that the applicant
47 is in compliance with section twenty-eight-b of this article, he or she
48 shall notify the applicant that the application has been denied.
49 No investigation fee for branch applications shall be collected from
50 applicants if such branch applications are filed in conjunction with
51 proceedings under section one hundred thirty-six, [three hundred
52 twelve,] four hundred ten or subdivision eight of section six hundred
53 five of this chapter.
54 A safe deposit company shall [not be required to] pay a fee as
55 prescribed by regulation of the superintendent on making an application
56 to open a branch.
S. 6056 50 A. 9556
1 § 9. Subdivision 9 of section 36 of the banking law, as amended by
2 chapter 684 of the laws of 1938, is amended to read as follows:
3 9. Any individual, partnership, unincorporated association or corpo-
4 ration, or any other entity, which refuses to permit examination or
5 investigation in accordance with the terms of this section shall forfeit
6 to the people of the state [the sum of two hundred dollars] an amount as
7 prescribed by regulation of the superintendent for every day such
8 refusal continues.
9 § 10. Paragraph (b) of subdivision 1 of section 44 of the banking law,
10 as amended by chapter 3 of the laws of 1997, is amended to read as
11 follows:
12 (b) The penalty for each violation prescribed in paragraph (a) of this
13 subdivision shall be not more than [five thousand dollars] an amount as
14 prescribed by regulation of the superintendent for each such violation,
15 provided that the aggregate penalty for all offenses in any one proceed-
16 ing shall not exceed [fifteen thousand dollars] an amount as prescribed
17 by regulation of the superintendent.
18 § 11. Paragraph (b) of subdivision 2 of section 44 of the banking law,
19 as added by chapter 3 of the laws of 1997, is amended to read as
20 follows:
21 (b) The penalty for each violation prescribed in paragraph (a) of this
22 subdivision shall be not more than [five thousand dollars] an amount as
23 prescribed by regulation of the superintendent for each day during which
24 such violation continues.
25 § 12. Paragraph (b) of subdivision 3 of section 44 of the banking law,
26 as added by chapter 3 of the laws of 1997, is amended to read as
27 follows:
28 (b) that such violation or practice is part of a pattern of miscon-
29 duct, results or is likely to result in more than minimal loss to the
30 banking organization or foreign bank licensee, or results in pecuniary
31 gain or other benefit to the banking organization or foreign bank licen-
32 see, then the penalty shall be not more than [twenty-five thousand
33 dollars] an amount as prescribed by regulation of the superintendent for
34 each day during which such violation or practice continues.
35 § 13. Paragraph (b) of subdivision 4 of section 44 of the banking law,
36 as added by chapter 3 of the laws of 1997, is amended to read as
37 follows:
38 (b) that the banking organization or foreign bank licensee has know-
39 ingly or recklessly incurred so substantial a loss as a result of such
40 violation or practice as to threaten the safety and soundness of such
41 banking organization or foreign bank licensee, then the penalty shall be
42 not more than the lesser of (i) [two hundred fifty thousand dollars] an
43 amount as prescribed by regulation of the superintendent or (ii) [one
44 percent] a percentage, as prescribed by regulation of the superinten-
45 dent, of the total assets of such banking organization, or [one percent]
46 a percentage, as prescribed by regulation of the superintendent, of the
47 total assets in this state of such foreign bank licensee, as applicable,
48 for each day during which such violation or practice continues.
49 § 14. Subdivisions 1 and 2 of section 75-j of the banking law, as
50 added by chapter 9 of the laws of 1996, are amended to read as follows:
51 1. Any banking institution found to be in violation of any provision
52 of section seventy-five-c of this article shall correct the violation
53 within ten business days after such finding. Where a banking institution
54 fails to correct said violation within such period of time, the super-
55 intendent may in a proceeding after notice and a hearing, require any
56 banking institution to pay a civil penalty [in a sum not to exceed two
S. 6056 51 A. 9556
1 thousand five hundred dollars for each and every offense] as prescribed
2 by regulation of the superintendent, provided, however, that the aggre-
3 gate penalty for all offenses with respect to any one automated teller
4 machine facility in any one proceeding shall not exceed [ten thousand
5 dollars] an amount as prescribed by regulation of the superintendent.
6 For the purposes of this article, each violation of section seventy-
7 five-c of this article shall be considered a separate and distinct
8 violation.
9 2. Any banking institution found to be in violation of the provisions
10 of section seventy-five-g of this article shall be liable for a civil
11 penalty of not more than [one thousand dollars] an amount as prescribed
12 by regulation of the superintendent for each automated teller machine
13 facility for which a report has not been filed. Any banking institution
14 which makes a material false statement or material omission in any
15 report filed pursuant to section seventy-five-g of this article shall be
16 liable for a civil penalty of not more than [five thousand dollars] an
17 amount as prescribed by regulation of the superintendent for each such
18 report.
19 § 15. The opening paragraph of section 113 of the banking law, as
20 amended by chapter 256 of the laws of 1986, is amended to read as
21 follows:
22 Any bank or trust company may make a written application to the super-
23 intendent, such application to be accompanied by an investigation fee
24 [of four hundred fifty dollars] as prescribed by regulation of the
25 superintendent, for leave to change its place or one of its places of
26 business to another place in the state or for leave to change the desig-
27 nation of its principal office to a branch office and to change the
28 designation of one of its branch offices to its principal office. The
29 application shall state the reasons for such proposed change.
30 § 16. Subdivision 3 of section 125 of the banking law, as amended by
31 chapter 360 of the laws of 1984, is amended to read as follows:
32 3. If any bank or trust company shall fail to make any report required
33 by or pursuant to this section, on or before the day designated for the
34 making thereof, or shall fail to include therein any prescribed matter,
35 such bank or trust company shall forfeit to the people of the state [the
36 sum of one hundred dollars] an amount as prescribed by regulation of the
37 superintendent for every day that such report shall be delayed or with-
38 held, and for every day that it shall fail to report any such omitted
39 matter, unless the time therefor shall have been extended by the super-
40 intendent as provided in article two of this chapter.
41 § 17. Subdivision 5 of section 131 of the banking law, as amended by
42 chapter 619 of the laws of 1937, is amended to read as follows:
43 5. Every person, and every corporation, director, agent, officer or
44 member thereof, who shall violate any provision of this section, direct-
45 ly or indirectly or assent to such violation, shall forfeit [one thou-
46 sand dollars] an amount as prescribed by regulation of the superinten-
47 dent to the people of the state.
48 § 18. Subdivision 5 of section 136 of the banking law, as amended by
49 chapter 509 of the laws of 1977, is amended to read as follows:
50 5. With the written plan of conversion submitted under subdivision two
51 hereof, there shall be paid to the superintendent an investigation fee
52 [of two hundred fifty dollars] as prescribed by regulation of the super-
53 intendent; provided, however, that no investigation fee shall be payable
54 under this subdivision with respect to a merger to which subdivision two
55 of section one hundred thirty-six-b of this [chapter] article is appli-
56 cable, and with the written plan of merger submitted under subdivision
S. 6056 52 A. 9556
1 three hereof there shall be paid to the superintendent an investigation
2 fee [of three thousand dollars] as prescribed by regulation of the
3 superintendent.
4 § 19. The closing paragraph of subdivision 2 of section 136-a of the
5 banking law, as amended by chapter 509 of the laws of 1977, is amended
6 to read as follows:
7 At the time of submission for action by the superintendent of the
8 written plan of acquisition of assets, an investigation fee [of three
9 thousand dollars] as prescribed by regulation of the superintendent
10 shall be paid to the superintendent; provided, however, that no investi-
11 gation fee shall be payable under this subdivision with respect to an
12 acquisition to which subdivision two of section one hundred thirty-six-b
13 of this [chapter] article is applicable.
14 § 20. Subdivision 1 of section 142 of the banking law, as amended by
15 chapter 1 of the laws of 1984, is amended to read as follows:
16 1. It shall be unlawful except with the prior approval of the banking
17 board by a three-fifths vote of all the members thereof (a) for any
18 action to be taken that causes any company to become a bank holding
19 company; (b) for any action to be taken that causes a banking institu-
20 tion to become, or to be merged or consolidated with, a subsidiary of a
21 bank holding company; (c) for any bank holding company, or for any trus-
22 tee or trustees acting for the benefit of the stockholders or members of
23 any bank holding company, to acquire direct or indirect ownership or
24 control of any voting stock of any banking institution if, after such
25 acquisition, such company or such trustee or trustees or both will
26 directly or indirectly own, control or hold more than five per centum of
27 the voting stock of such banking institution; (d) for any bank holding
28 company or subsidiary thereof to acquire all or substantially all of the
29 assets of a banking institution; or (e) for any bank holding company to
30 merge or consolidate with another bank holding company. For the purposes
31 of this section, the term "bank holding company" shall be deemed to
32 include any successor thereof. Any company desiring to take any action
33 requiring approval under this subdivision one shall submit an applica-
34 tion therefor, in writing, to the superintendent and pay an investi-
35 gation fee [of five thousand dollars] as prescribed by regulation of the
36 superintendent to the superintendent. If such action includes the acqui-
37 sition of all the capital stock of one or more corporations organized
38 under or subject to the provisions of article three, six or ten of this
39 chapter, there shall be submitted in duplicate together with such appli-
40 cation a written plan of acquisition of such stock in a form satisfac-
41 tory to the superintendent and containing the information required by
42 subdivision one of section one hundred forty-three-a of this [chapter]
43 article and a certificate which complies with the provisions of subdivi-
44 sion two of said section one hundred forty-three-a. Upon receipt of such
45 application, the superintendent shall post notice of the receipt thereof
46 upon the bulletin board of the banking department. The superintendent
47 shall submit such application together with his or her recommendations
48 in regard thereto and all papers, correspondence and other information
49 in his or her possession and relating thereto, to the banking board
50 which shall by order grant or deny the application and shall state the
51 reasons for such grant or denial. An order granting such application may
52 be made only by three-fifths vote of all the members thereof. An order
53 shall be issued within one hundred twenty days after the date of the
54 submission of the application to the superintendent and a copy thereof
55 shall be posted upon the bulletin board of the banking department. In
56 determining whether or not to approve any such application, the banking
S. 6056 53 A. 9556
1 board shall take into consideration (i) the declaration of policy
2 contained in section ten of [the] this chapter, (ii) whether the effect
3 of such action shall be either to result in the formation of a bank
4 holding company or to expand the size or extent of the resulting or
5 acquiring bank holding company beyond limits consistent with adequate or
6 sound banking and the preservation thereof, or result in a concentration
7 of assets beyond limits consistent with effective competition, (iii)
8 whether such formation, merger, consolidation or acquisition may result
9 in such a lessening of competition as to be injurious to the interest of
10 the public or tend toward monopoly, and (iv) primarily, the public
11 interest and the needs and convenience thereof.
12 § 21. The closing paragraph of subdivision 1 of section 143-a of the
13 banking law, as amended by chapter 1 of the laws of 1984, is amended to
14 read as follows:
15 At the time of submission to the superintendent of the written plan of
16 acquisition of stock, an investigation fee [of two thousand five hundred
17 dollars] as prescribed by regulation of the superintendent shall be paid
18 to the superintendent; provided, however, that if the plan of acquisi-
19 tion has been submitted in connection with an application submitted by
20 the company pursuant to section one hundred forty-two of this [chapter]
21 article, no investigation fee shall be payable pursuant to this section.
22 § 22. Subdivision 2 of section 143-b of the banking law, as amended by
23 chapter 638 of the laws of 1981, is amended to read as follows:
24 2. A company desiring to acquire control of a banking institution may
25 file application therefor, in writing, with the superintendent and pay
26 an investigation fee [of five thousand dollars] as prescribed by regu-
27 lation of the superintendent to the superintendent; provided, however,
28 that where the banking institution to be acquired shall have capital
29 stock, surplus and undivided profits not in excess of [fifteen million
30 dollars] an amount as prescribed by regulation of the superintendent,
31 the investigation fee shall be [one thousand dollars] as prescribed by
32 regulation of the superintendent. The application shall contain such
33 information as the superintendent or banking board, by rule or regu-
34 lation, may prescribe as necessary or appropriate for the purpose of
35 making the determination required by subdivision three of this section.
36 § 23. Subdivision 2 of section 175 of the banking law, as amended by
37 chapter 547 of the laws of 1938, is amended to read as follows:
38 2. Every private banker shall conform his or her methods of keeping
39 his or her books and records to such orders in respect thereto as shall
40 have been made and promulgated by the superintendent pursuant to article
41 two of this chapter. Any private banker who refuses or neglects to obey
42 any such order shall be subject to a penalty [of one hundred dollars] as
43 prescribed by regulation of the superintendent for each day that such
44 refusal or neglect continues.
45 § 24. The closing paragraph of section 176 of the banking law, as
46 amended by chapter 547 of the laws of 1938, is amended to read as
47 follows:
48 If any private banker shall fail to make any report required by this
49 section on or before the date designated for the making thereof or shall
50 fail to include therein any prescribed matter, such private banker shall
51 forfeit to the people of the state [the sum of one hundred dollars] an
52 amount as prescribed by regulation of the superintendent for every day
53 that such report shall be delayed or withheld and for every day that he
54 or she shall fail to report any such omitted matter, unless the time
55 therefor shall have been extended by the superintendent, as provided in
56 article two of this chapter.
S. 6056 54 A. 9556
1 § 25. The closing paragraph of section 201 of the banking law, as
2 amended by chapter 288 of the laws of 1987, is amended to read as
3 follows:
4 At the time such application certificate is submitted to the super-
5 intendent, such corporation shall also submit a duly exemplified or
6 otherwise authenticated copy of its charter and a verified or otherwise
7 authenticated copy of its by-laws, or an equivalent thereof satisfactory
8 to the superintendent, and pay an investigation fee as prescribed by
9 regulation of the superintendent to be collected by the superintendent
10 [in the sum of two thousand dollars].
11 § 26. Subdivision 1 of section 203 of the banking law, as amended by
12 chapter 509 of the laws of 1977, is amended to read as follows:
13 1. To change its place of business from the place designated in its
14 license to another place in this state. An application for such change
15 shall be accompanied by an investigation fee [of four hundred fifty
16 dollars] as prescribed by regulation of the superintendent.
17 § 27. Section 221-c of the banking law, as amended by chapter 281 of
18 the laws of 1992, is amended to read as follows:
19 § 221-c. Application for license; fees. The application for such
20 license shall be in writing under oath and shall contain the information
21 required by and be in the form prescribed by the superintendent. As part
22 of the application, the foreign banking corporation shall appoint the
23 superintendent or his or her successor as agent for service of process
24 in connection with any action or proceeding against the foreign banking
25 corporation relating to any cause of action which may arise out of a
26 transaction with its representative office, with the same force and
27 effect as if it were a domestic corporation and had been lawfully served
28 with process in this state. At the time of making such application, the
29 applicant shall pay to the superintendent [as] an investigation fee [the
30 sum of two hundred fifty dollars] as prescribed by regulation of the
31 superintendent.
32 § 28. Subdivision 1 of section 224 of the banking law, as amended by
33 chapter 9 of the laws of 1996, is amended to read as follows:
34 1. Subject to the provisions of this article, an out-of-state state
35 bank which maintains one or more branches in this state may open and
36 occupy one or more additional de novo branches in this state with prior
37 approval of the superintendent. An application for approval submitted
38 pursuant to this section shall contain such information as the super-
39 intendent deems necessary. At the time of making such application, an
40 investigation fee [of six hundred fifty dollars] as prescribed by regu-
41 lation of the superintendent shall be paid to the superintendent for
42 each branch office for which approval is sought. If the superintendent
43 finds that the opening of the branch office is not consistent with the
44 declaration of policy set forth in section ten of this chapter, he or
45 she shall notify the applicant that the application has been denied.
46 § 29. Section 241 of the banking law, as amended by chapter 308 of the
47 laws of 1986, is amended to read as follows:
48 § 241. Change of location; change of designation of principal office.
49 Any savings bank may make a written application to the superintendent,
50 such application to be accompanied by an investigation fee [of four
51 hundred fifty dollars] as prescribed by regulation of the
52 superintendent, for leave to change its place or one of its places of
53 business to another place in the state or for leave to change the desig-
54 nation of its principal office to a branch office and to change the
55 designation of one of its branch offices to its principal office. This
56 application shall state the reasons for such proposed change. Such
S. 6056 55 A. 9556
1 change may be made upon the written approval of the superintendent. If
2 the superintendent shall grant his or her certificate authorizing the
3 change of location, as provided in article two of this chapter, the
4 savings bank may, upon or after the day specified in the certificate,
5 remove its property and effects to the location designated therein.
6 § 30. Subdivision 3 of section 255 of the banking law, as added by
7 chapter 352 of the laws of 1938, is amended to read as follows:
8 3. If a savings bank shall fail to make any report required by or
9 pursuant to this section, on or before the day designated for the making
10 thereof, or shall fail to include therein any information required by
11 the superintendent to be included, such savings bank shall forfeit to
12 the people of the state [the sum of twenty-five dollars] an amount as
13 prescribed by regulation of the superintendent for every day that such
14 report shall be delayed or withheld, and for every day that it shall
15 fail to report any such omitted information, unless the time therefor
16 shall have been extended by the superintendent as provided in this chap-
17 ter.
18 § 31. Section 320 of the banking law, as amended by chapter 684 of the
19 laws of 1938, is amended to read as follows:
20 § 320. Books and records. Every safe deposit company shall conform its
21 methods of keeping its books and records to such orders in respect ther-
22 eto as shall have been made and promulgated by the superintendent pursu-
23 ant to the provisions of article two of this chapter. Any safe deposit
24 company that refuses or neglects to obey such order shall be subject to
25 a penalty [of one hundred dollars] as prescribed by regulation of the
26 superintendent for each day it so refuses or neglects.
27 § 32. Paragraph (a) of subdivision 2 of section 324 of the banking
28 law, as added by chapter 495 of the laws of 1982, is amended to read as
29 follows:
30 (a) A company which seeks to acquire control of a safe deposit company
31 subject to the provisions of this article shall file a written applica-
32 tion therefor with the superintendent and pay an investigation fee [of
33 one thousand dollars] as prescribed by regulation of the superintendent
34 to the superintendent. The application shall be in such form and shall
35 contain such information as the superintendent may require.
36 § 33. The closing paragraph of section 329 of the banking law, as
37 amended by chapter 845 of the laws of 1965, is amended to read as
38 follows:
39 If any safe deposit company shall fail to make any report required by
40 this section on or before the day designated for the making thereof, or
41 shall fail to include therein any matter required by the superintendent,
42 it shall forfeit to the people of the state [the sum of ten dollars] an
43 amount as prescribed by regulation of the superintendent for every day
44 that such report shall be delayed or withheld, and for every day that it
45 shall fail to report any such omitted matter, unless the time therefor
46 shall have been extended by the superintendent as provided in article
47 two of this chapter.
48 § 34. Subdivisions 2 and 6 of section 341 of the banking law, as added
49 by chapter 494 of the laws of 1998, are amended to read as follows:
50 2. An application for a master license shall be in writing, under
51 oath, and in the form prescribed by the superintendent and shall contain
52 such information as the superintendent may require by regulations. The
53 application shall set forth all of the locations at which the applicant
54 seeks to conduct business hereunder. At the time of making the applica-
55 tion for a master license, the applicant shall pay to the superintendent
56 [the sum of one thousand dollars] a fee as prescribed by regulation of
S. 6056 56 A. 9556
1 the superintendent for each proposed location [as a fee] for investigat-
2 ing the application and, in addition to such investigation fee [the sum
3 of one thousand dollars as], an annual license fee as prescribed by
4 regulation of the superintendent for each master and supplemental
5 license for a period terminating on the last day of the current calendar
6 year; provided, that if the application is filed after June thirtieth in
7 any year [such payment shall be five hundred dollars as] such license
8 fee shall be as prescribed by regulation of the superintendent in addi-
9 tion to the said fee for investigation.
10 6. If a person or entity holding a master license seeks to open anoth-
11 er location for the conduct of activities licensable under this article,
12 the licensee shall first submit written notification of this fact to the
13 superintendent. The notification shall contain the address of the new
14 location and the master license number. An investigation fee [of two
15 hundred fifty dollars] as prescribed by regulation of the superintendent
16 shall be paid for each additional location together with the annual
17 license fee set forth in subdivision two of this section. Upon receipt
18 of the notification and fees, the superintendent shall issue a temporary
19 supplemental license, valid for a period not exceeding thirty days,
20 pending the final approval of the new location. The superintendent, in
21 his or her sole discretion, may extend the validity of the temporary
22 supplemental license for additional thirty day periods pending investi-
23 gation, but such extension shall not exceed a total of sixty days. The
24 temporary supplemental license shall, upon written approval by the
25 superintendent, become permanent after thirty days of issuance, or after
26 the expiration of any extension granted by the superintendent, unless
27 the superintendent finds that the opening of the new location by the
28 licensee is not in the public interest, in which case, the superinten-
29 dent shall send a written denial to the licensee. Upon receipt of such
30 written denial, the temporary supplemental license issued to the licen-
31 see shall become void and the licensee shall immediately cease all
32 activity licensable under this article at the location set forth on such
33 license. Failure by the superintendent to approve or deny in writing the
34 making permanent of a temporary supplemental license prior to the expi-
35 ration of the initial thirty day period or any extension thereof shall
36 not be deemed an approval. The failure of the superintendent to give
37 written approval or denial of the permanence of the temporary supple-
38 mental license prior to expiration of the initial thirty day period or
39 any extension thereof shall not be deemed to constitute the approval of
40 a permanent supplemental license.
41 § 35. Paragraph (a) of subdivision 3 of section 343 of the banking
42 law, as added by chapter 22 of the laws of 1990, is amended to read as
43 follows:
44 (a) A licensee may change the location of a licensed lender business
45 by giving written notice to the superintendent at least thirty days
46 prior to such change. The licensee shall pay to the superintendent a fee
47 [of one hundred fifty dollars] as prescribed by regulation of the super-
48 intendent for each change of location and shall provide any information
49 which may be required regarding the change of location.
50 § 36. The opening paragraph of subdivision 1 of section 344 of the
51 banking law, as amended by chapter 22 of the laws of 1990, is amended to
52 read as follows:
53 Prior to any acquisition, by merger, consolidation, purchase of assets
54 or otherwise, except by purchase of stock, of the assets or business, or
55 a substantial part thereof, of a licensee under this article, the person
56 desirous of continuing to maintain and operate any place of business
S. 6056 57 A. 9556
1 theretofore maintained and operated by such licensee and each person who
2 controls such person shall file with the superintendent [of banks], for
3 all such places of business, one application, in such form and contain-
4 ing such information, including the information required under section
5 three hundred forty-one of this [chapter] article, as the superintendent
6 may require. At the time of making such application, the applicants
7 shall pay to the superintendent [the sum of two hundred fifty dollars,
8 as] a processing fee, as prescribed by regulation of the superintendent,
9 if the person desirous of continuing to maintain and operate such places
10 of business is already licensed under this article, or [the sum of one
11 thousand dollars], if such person is not so licensed, [as] an investi-
12 gation fee as prescribed by regulation of the superintendent. If such
13 person is licensed, the superintendent shall amend the license accord-
14 ingly within thirty days if it is found that the acquisition is in
15 accordance with the purposes of this article. If such person is not
16 licensed, the superintendent shall determine whether the financial
17 responsibility, experience, character, and general fitness of the appli-
18 cants, and of the members thereof if any applicant be a partnership or
19 association, and of the officers, directors and controlling stockholders
20 thereof if any applicant be a corporation, are such as to command the
21 confidence of the community and to warrant belief that the business will
22 be operated honestly, fairly, and efficiently within the purpose of this
23 article and the superintendent shall approve or deny such application
24 within ninety days of the filing thereof. If the superintendent disap-
25 proves such application, or, if no such application has been made, the
26 license for each such place of business shall become null and void and
27 the applicants or licensee, whoever has possession of each such license,
28 shall forthwith surrender the license theretofore in effect to the
29 superintendent. If the superintendent approves such application, the
30 person being acquired shall surrender to the superintendent the license
31 theretofore in effect for each such place of business and the super-
32 intendent shall issue and transmit one copy of a new license to maintain
33 and operate each such place of business to the person desirous of
34 continuing to maintain and operate such place of business and file
35 another copy in the [office of the banking] department.
36 § 37. The second undesignated paragraph of subdivision 2 of section
37 344 of the banking law, as amended by chapter 22 of the laws of 1990, is
38 amended to read as follows:
39 Each such legal representative shall promptly following his or her
40 appointment file with the superintendent a certificate or duly certified
41 copy of an order of the court to evidence his authority to acquire the
42 assets of the licensee and to maintain and operate the business thereof.
43 If a legal representative desires to continue to maintain and operate
44 any place of business theretofore maintained and operated by the licen-
45 see he or she shall, prior to the expiration of such six month period or
46 any extension thereof prescribed by the superintendent, file an applica-
47 tion pursuant to this section and comply with all of the provisions of
48 this chapter. The investigation fee payable upon filing such applica-
49 tion shall be [one thousand dollars] as prescribed by regulation of the
50 superintendent.
51 § 38. The opening paragraph of subdivision 1 of section 345 of the
52 banking law, as amended by chapter 22 of the laws of 1990, is amended to
53 read as follows:
54 Prior to the acquisition of control of a licensee under this article
55 by means of the acquisition of the capital stock or equity interests in
56 such licensee or in any person who directly or indirectly controls such
S. 6056 58 A. 9556
1 licensee, the person desirous of acquiring such capital stock or other
2 equity interests shall make written application to the superintendent.
3 Such application shall be in such form and shall contain such informa-
4 tion, including the information required under section three hundred
5 forty-one of this [chapter] article, as the superintendent may require
6 and such applicant, at the time of making such application if not
7 licensed, shall pay to the superintendent [the sum of one thousand
8 dollars as] an investigation fee as prescribed by regulation of the
9 superintendent. If such licensee is licensed, upon payment of a proc-
10 essing fee [of two hundred fifty dollars] as prescribed by regulation of
11 the superintendent, the superintendent shall approve the acquisition if
12 it is found that such acquisition is in accordance with the purposes of
13 this article. If such person is not licensed, the superintendent shall
14 determine whether the financial responsibility, experience, character,
15 and general fitness of the applicant, and of the members thereof if the
16 applicant be a partnership or association, and of the officers, direc-
17 tors and controlling stockholders thereof if the applicant be a corpo-
18 ration, are such as to command the confidence of the community and to
19 warrant belief that the business will be operated honestly, fairly, and
20 efficiently within the purpose of this article. Unless the superinten-
21 dent shall have denied such application in writing within ninety days of
22 the filing thereof, such application shall be deemed approved. If no
23 such application has been made, the license for each place of business
24 maintained and operated by the licensee shall, at the discretion of the
25 superintendent, become null and void and each such license shall be
26 surrendered to the superintendent. In addition, the superintendent may,
27 in a proceeding after notice and a hearing, require any person who has
28 failed to make application pursuant to this subdivision to pay the
29 people of this state a penalty [in a sum not exceeding one hundred
30 dollars] as prescribed by regulation of the superintendent for each day
31 of said violation; provided, however, that the aggregate penalty against
32 any person with respect to any licensee shall not exceed [fifteen thou-
33 sand dollars] an amount as prescribed by regulation of the superinten-
34 dent.
35 § 39. Subdivision 3 of section 367 of the banking law, as amended by
36 chapter 676 of the laws of 1971, is amended to read as follows:
37 3. Such applicant at the time of making such application shall pay to
38 the superintendent [the sum of two hundred fifty dollars as] a fee as
39 prescribed by regulation of the superintendent for investigating the
40 application and [the additional sum of three hundred fifty dollars as] a
41 license fee as prescribed by regulation of the superintendent for a
42 period terminating on the last day of the current calendar year except
43 that in the event the business is to be conducted from a mobile unit,
44 the fee for investigating the application [shall be two hundred fifty
45 dollars,] and the license fee shall be [four hundred dollars] amounts as
46 prescribed by regulation of the superintendent; provided, that if the
47 application is filed after June thirtieth in any year any such payment
48 shall be one-half of [the stated] such license fee in addition to [the
49 said] such fee for investigation. Every licensee shall, on or before the
50 fifteenth day of December, each year, pay to the superintendent [of
51 banks] an annual license fee [of three hundred fifty dollars] as
52 prescribed by regulation of the superintendent, or if the business is
53 conducted from a mobile unit [four hundred dollars] a fee as prescribed
54 by regulation of the superintendent, for the next succeeding calendar
55 year. Any licensee requesting a change of address, shall at the time of
56 making such request, pay to the superintendent [the sum of one hundred
S. 6056 59 A. 9556
1 dollars as] a fee as prescribed by regulation of the superintendent for
2 investigating the new address; provided, however, that the superinten-
3 dent may, in his or her discretion, waive such investigation fee if
4 warranted.
5 § 40. Subdivision 2 of section 370 of the banking law, as amended by
6 chapter 617 of the laws of 1965, is amended to read as follows:
7 2. Any licensed casher of checks may open and maintain, within this
8 state, one or more limited stations for the purpose of cashing checks,
9 drafts or money orders for the particular group or groups specified in
10 the license authorizing each such station. Such stations shall be
11 licensed pursuant to and be subject to all the provisions of this chap-
12 ter applicable to licensed cashers of checks, except that (a) no bond
13 shall be required for such a station, (b) the fee for investigating the
14 application for a station [shall be ten dollars] and the annual license
15 fee for each such station shall be [twenty dollars] amounts as
16 prescribed by regulation of the superintendent, and (c) where such a
17 station is at the premises of a specified employer for the purpose of
18 cashing checks, drafts and money orders for the employees of such
19 employer, the fees and charges for cashing such checks, drafts or money
20 orders shall not be subject to the limitations of subdivision one of
21 section three hundred seventy-two of this [chapter] article if such fees
22 and charges are paid by such employer.
23 § 41. Subdivision 1 of section 370-a of the banking law, as added by
24 chapter 142 of the laws of 1992, is amended to read as follows:
25 1. It shall be unlawful except with the prior approval of the super-
26 intendent for any action to be taken which results in a change of
27 control of the business of a licensee. Prior to any change of control,
28 the person desirous of acquiring control of the business of a licensee
29 shall make written application to the superintendent and pay an investi-
30 gation fee [of two hundred fifty dollars] as prescribed by regulation of
31 the superintendent to the superintendent. The application shall contain
32 such information as the superintendent, by rule or regulation, may
33 prescribe as necessary or appropriate for the purpose of making the
34 determination required by subdivision two of this section.
35 § 42. Subdivision 1 of section 396 of the banking law, as amended by
36 chapter 349 of the laws of 1986, is amended to read as follows:
37 1. Any savings and loan association may make a written application to
38 the superintendent, such application to be accompanied by an investi-
39 gation fee [of four hundred fifty dollars] as prescribed by regulation
40 of the superintendent, for leave to change its place or one of its plac-
41 es of business to another place in the state or for leave to change the
42 designation of its principal office to a branch office and to change the
43 designation of one of its branch offices to its principal office. The
44 application shall state the reasons for such proposed change. Such
45 change may be made upon the written approval of the superintendent. If
46 the superintendent shall grant his or her certificate authorizing the
47 change of location, the association may, upon or after the day specified
48 in the certificate, remove its property and effects to the location
49 designated therein.
50 § 43. Subdivision 3 of section 404 of the banking law, as amended by
51 chapter 341 of the laws of 1939, is amended to read as follows:
52 3. If any such association shall fail to make any report required by
53 or pursuant to this section on or before the day designated for the
54 making thereof, or shall fail to include therein any information
55 required by the superintendent to be included, such association shall
56 forfeit to the people of the state [the sum of ten dollars] an amount as
S. 6056 60 A. 9556
1 prescribed by regulation of the superintendent for every day that such
2 report shall be delayed or withheld, and for every day that it shall
3 fail to report any such omitted information, unless the time therefor
4 shall have been extended by the superintendent.
5 § 44. Subdivision 3 of section 482 of article 11 of the banking law,
6 as added by chapter 608 of the laws of 1996, is amended to read as
7 follows:
8 3. If any credit union shall fail to make any report required by this
9 section on or before the day designated for the making thereof, or shall
10 fail to include therein any information required by the superintendent
11 to be included, such credit union shall forfeit to the people of the
12 state [the sum of five dollars] an amount as prescribed by regulation of
13 the superintendent for every day that such report shall be delayed or
14 withheld, and for every day that it shall fail to report any such omit-
15 ted information, unless the time therefor shall have been extended by
16 the superintendent.
17 § 45. Paragraphs (b) and (c) of subdivision 4 of section 492 of the
18 banking law, as amended by chapter 676 of the laws of 1971, are amended
19 to read as follows:
20 (b) The license fee for each calendar year or part thereof shall be
21 [three hundred dollars] as prescribed by regulation of the superinten-
22 dent for each place of business, payable on or before the fifteenth day
23 of December for the next succeeding calendar year, except that if a
24 license is issued after June thirtieth in any year such fee shall be
25 [one hundred fifty dollars for that year] as prescribed by regulation of
26 the superintendent.
27 (c) The investigation fee, when required by this section, shall be
28 [one hundred fifty dollars] as prescribed by regulation of the super-
29 intendent, except that, when an applicant files applications for
30 licenses for three or more places of business at the same time, the
31 total investigation fee for all the applications shall be [four hundred
32 fifty dollars] as prescribed by regulation of the superintendent.
33 § 46. Subdivision 1 of section 492-a of the banking law, as added by
34 chapter 142 of the laws of 1992, is amended to read as follows:
35 1. It shall be unlawful except with the prior approval of the super-
36 intendent for any action to be taken which results in a change of
37 control of the business of a licensee. Prior to any change of control,
38 the person desirous of acquiring control of the business of a licensee
39 shall make written application to the superintendent and pay an investi-
40 gation fee [of one hundred fifty dollars] as prescribed by regulation of
41 the superintendent to the superintendent. The application shall contain
42 such information as the superintendent, by rule or regulation, may
43 prescribe as necessary or appropriate for the purpose of making the
44 determination required by subdivision two of this section.
45 § 47. The opening paragraph of section 511 of the banking law, as
46 amended by chapter 509 of the laws of 1977, is amended to read as
47 follows:
48 Any investment company may make a written application to the super-
49 intendent, such application to be accompanied by an investigation fee
50 [of four hundred fifty dollars] as prescribed by regulation of the
51 superintendent, for leave to change its place or one of its places of
52 business to another place or for leave to change the designation of its
53 principal office to a branch office and to change the designation of one
54 of its branch offices to its principal office. The application shall
55 state the reasons for such proposed change, and shall be accompanied by
56 a copy of a resolution authorizing the making of the application, certi-
S. 6056 61 A. 9556
1 fied by a principal officer of the investment company to have been
2 adopted by vote of a majority of its entire board of directors. If the
3 proposed place of business is within the limits of the village, borough
4 or city, if in a city not divided into boroughs, in which the place of
5 business sought to be changed is located, such change may be made upon
6 the written approval of the superintendent; if beyond such limits,
7 notice of intention to make such application, signed by a principal
8 officer of the corporation, shall be published once a week for two
9 successive weeks in a newspaper to be designated by the superintendent
10 for the purpose, in accordance with the provisions of article two of
11 this chapter. If the superintendent shall grant his or her certificate
12 authorizing the change of location, as provided in article two of this
13 chapter, the investment company may, upon or after the day specified in
14 the certificate, remove its property and effects to the location desig-
15 nated therein.
16 § 48. The opening paragraph of subdivision 1 and the second undesig-
17 nated paragraph of subdivision 2 of section 519 of the banking law, as
18 added by chapter 287 of the laws of 1977, are amended to read as
19 follows:
20 Subject to such regulations as the superintendent may prescribe, prior
21 to the acquisition of control of an investment company by means of the
22 acquisition of the capital stock or equity interests in such investment
23 company or in any company which directly or indirectly controls such
24 investment company, the acquiring company shall make written application
25 to the superintendent for permission to acquire such control. Such
26 application shall be in such form and shall contain such information as
27 the superintendent may require and such applicant, at the time of making
28 such application, shall pay to the superintendent [the sum of one thou-
29 sand dollars as] an investigation fee as prescribed by regulation of the
30 superintendent.
31 At the time of submission to the superintendent of the written plan of
32 acquisition of stock, an investigation fee [of one thousand dollars] as
33 prescribed by regulation of the superintendent shall be paid to the
34 superintendent.
35 § 49. Paragraphs (a) and (b) of subdivision 4 of section 555 of the
36 banking law, as amended by chapter 676 of the laws of 1971, are amended
37 to read as follows:
38 (a) The license fee for each calendar year or part thereof shall be
39 [three hundred dollars] as prescribed by regulation of the superinten-
40 dent for each office where the business of a premium finance agency is
41 conducted, payable on or before the fifteenth day of December for the
42 next succeeding year, except that if the license is issued after June
43 thirtieth in any year such fee shall be [one hundred fifty dollars for
44 that year] as prescribed by regulation of the superintendent.
45 (b) The investigation fee, when required by this section, shall be
46 [one hundred fifty dollars] as prescribed by regulation of the super-
47 intendent, except that, when an applicant files applications for
48 licenses for three or more offices at the same time, the total investi-
49 gation fee for all the applications shall be [four hundred fifty
50 dollars] as prescribed by regulation of the superintendent.
51 § 50. Subdivision 1 of section 555-a of the banking law, as added by
52 chapter 142 of the laws of 1992, is amended to read as follows:
53 1. It shall be unlawful except with the prior approval of the super-
54 intendent for any action to be taken which results in a change of
55 control of the business of a licensee. Prior to any change of control,
56 the person desirous of acquiring control of the business of a licensee
S. 6056 62 A. 9556
1 shall make written application to the superintendent and pay an investi-
2 gation fee [of one hundred fifty dollars] as prescribed by regulation of
3 the superintendent to the superintendent. The application shall contain
4 such information as the superintendent, by rule or regulation, may
5 prescribe as necessary or appropriate for the purpose of making the
6 determination required by subdivision two of this section.
7 § 51. Subdivision 1 of section 566 of the banking law, as added by
8 chapter 488 of the laws of 1960, is amended to read as follows:
9 1. An insurance agent or broker may be licensed as a premium finance
10 agency in accordance with this article. However, if the application for
11 a license states that the aggregate unpaid balances of all premium
12 finance agreements to be held by the insurance agent or broker will not
13 exceed [fifteen thousand dollars] an amount as prescribed by regulation
14 of the superintendent at any one time, exclusive of any premium finance
15 agreement reacquired by the agent or broker from a premium finance agen-
16 cy under an agreement, entered into as an incident to the bona fide sale
17 or pledge thereof to the premium finance agency, to reacquire it in case
18 of default by the insured, the license fee for each calendar year or
19 part thereof shall not exceed [twenty dollars] an amount as prescribed
20 by regulation of the superintendent for each licensed office and no
21 investigation fee shall be required.
22 § 52. Subdivision 3 of section 580 of the banking law, as added by
23 chapter 448 of the laws of 1975, is amended to read as follows:
24 3. Upon original application for a license or licenses to operate one
25 or more places of business, the applicant shall pay an investigation fee
26 in [the] an aggregate amount [of one hundred dollars] as prescribed by
27 regulation of the superintendent. No additional investigation fee shall
28 be required for any subsequent application for a license unless such
29 application is subsequent to a denial of a license or to a revocation,
30 suspension or surrender of a license.
31 § 53. Subdivision 2 of section 591 of the banking law, as added by
32 chapter 571 of the laws of 1986, is amended to read as follows:
33 2. An application shall be accompanied by an investigation fee as
34 prescribed by regulation of the superintendent payable to the super-
35 intendent [of one thousand dollars].
36 § 54. Subdivisions 1 and 2 of section 591-a of the banking law, subdi-
37 vision 1 as amended by chapter 164 of the laws of 2003, subdivision 2 as
38 amended by chapter 293 of the laws of 1987, are amended to read as
39 follows:
40 1. An application to become registered as a mortgage broker shall be
41 in writing, under oath, in such form as shall be prescribed by the
42 superintendent, and shall be accompanied by the fingerprints of the
43 applicant. Such fingerprints shall be submitted to the division of crim-
44 inal justice services for a state criminal history record check, as
45 defined in subdivision one of section three thousand thirty-five of the
46 education law, and may be submitted to the federal bureau of investi-
47 gation for a national criminal history record check. Such application
48 shall contain the name and complete business and residential address or
49 addresses of the applicant, or if the applicant is a partnership, asso-
50 ciation, corporation or other form of business organization, the names
51 and complete business and residential addresses of each member, director
52 and principal officer thereof. Such application shall also include an
53 affirmation of financial solvency noting such capitalization require-
54 ments as may be required by the superintendent, and such descriptions of
55 the business activities, financial responsibility, educational back-
56 ground and general character and fitness of the applicant as may be
S. 6056 63 A. 9556
1 required by the superintendent. Such application shall be accompanied by
2 an investigation fee as prescribed by regulation of the superintendent
3 payable to the superintendent [of five hundred dollars].
4 2. A registrant may apply for authority to open and maintain a branch
5 office by giving the superintendent prior notice of its intention in
6 such form as shall be prescribed by the superintendent. Unless the
7 superintendent denies the application within thirty days of publication
8 of notice of receipt of a completed application, the registrant shall be
9 permitted to open and maintain such branch office. An application to
10 open and maintain a branch office shall be accompanied by an investi-
11 gation fee [of two hundred fifty dollars] as prescribed by regulation of
12 the superintendent.
13 § 55. Section 594-a of the banking law, as added by chapter 571 of the
14 laws of 1986, subdivision 2 as amended by chapter 400 of the laws of
15 1993, is amended to read as follows:
16 § 594-a. Annual fees. 1. License fee. The license fee for each calen-
17 dar year or part thereof shall be [one thousand dollars] as prescribed
18 by regulation of the superintendent payable on or before the fifteenth
19 day of December for the next succeeding year, except that if the license
20 is issued after June thirtieth in any year, the fee shall be [five
21 hundred dollars] as prescribed by regulation of the superintendent paya-
22 ble for that year.
23 2. Registration fee. The registration fee for each calendar year or
24 part thereof shall be [five hundred dollars] as prescribed by regulation
25 of the superintendent payable on or before the fifteenth day of December
26 for the next succeeding year, except that if the mortgage broker is
27 issued a certificate after June thirtieth in any year, the fee shall be
28 [two hundred fifty dollars] as prescribed by regulation of the super-
29 intendent for that year. If the registrant fails to pay the required
30 registration fee pursuant to this subdivision or pursuant to subdivision
31 three of this section by December fifteenth, then the registrant shall
32 be required to pay a late fee [in the amount of one hundred dollars] as
33 prescribed by regulation of the superintendent.
34 3. The superintendent shall prescribe an annual fee to maintain a
35 branch office of a licensee or registrant not to exceed [one thousand
36 dollars] an amount per annum as prescribed by regulation of the super-
37 intendent for each branch office of a licensee, or [five hundred
38 dollars] an amount per annum as prescribed by regulation of the super-
39 intendent for each registrant.
40 § 56. Subdivision 1 of section 594-b of the banking law, as added by
41 chapter 142 of the laws of 1992, is amended to read as follows:
42 1. It shall be unlawful except with the prior approval of the super-
43 intendent for any action to be taken which results in a change of
44 control of the business of a licensee or registrant. Prior to any change
45 of control, the person desirous of acquiring control of the business of
46 a licensee or registrant shall make written application to the super-
47 intendent and pay an investigation fee [of one thousand dollars] as
48 prescribed by regulation of the superintendent to the superintendent.
49 The application shall contain such information as the superintendent, by
50 rule or regulation, may prescribe as necessary or appropriate for the
51 purpose of making the determination required by subdivision two of this
52 section. This information shall include but not be limited to the infor-
53 mation and other material required for a licensee by subdivision one of
54 section five hundred ninety-one of this article or required for a regis-
55 trant by subdivision one of section five hundred ninety-one-a of this
56 article.
S. 6056 64 A. 9556
1 § 57. Subdivision 1 of section 598 of the banking law, as added by
2 chapter 571 of the laws of 1986, is amended to read as follows:
3 1. In addition to such penalties as may otherwise be applicable by
4 law, the superintendent may, after notice and hearing as provided else-
5 where in this article, require any entity, licensee, registrant or
6 exempt organization found violating the provisions of this article or
7 the rules or regulations promulgated hereunder to pay to the people of
8 this state an additional penalty for each violation of the article or
9 any regulation or policy promulgated hereunder a sum not to exceed [five
10 thousand dollars] an amount as prescribed by regulation of the super-
11 intendent for each such violation, provided however, that the aggregate
12 penalty assessed in any one proceeding shall not exceed [one hundred
13 thousand dollars] an amount as prescribed by regulation of the super-
14 intendent.
15 § 58. The closing paragraph of subdivision 1 of section 601 of the
16 banking law, as amended by chapter 638 of the laws of 1981, is amended
17 to read as follows:
18 At the time of submission for action by the superintendent of the
19 written plan of merger, an investigation fee [of three thousand dollars]
20 as prescribed by regulation of the superintendent shall be paid to the
21 superintendent[, except by corporations subject to article eleven of
22 this chapter]; provided, however, that no investigation fee shall be
23 payable under this subdivision with respect to a merger to which subdi-
24 vision two of section six hundred one-b of this [chapter] article is
25 applicable.
26 § 59. The closing paragraph of subdivision 2 of section 601-a of the
27 banking law, as amended by chapter 509 of the laws of 1977, is amended
28 to read as follows:
29 At the time of submission for action by the superintendent of the
30 written plan of acquisition of assets, an investigation fee [of three
31 thousand dollars] as prescribed by regulation of the superintendent
32 shall be paid to the superintendent; provided, however, that no investi-
33 gation fee shall be payable under this subdivision with respect to an
34 acquisition to which subdivision two of section six hundred one-b of
35 this [chapter] article is applicable.
36 § 60. Subdivision 8 of section 605 of the banking law, as amended by
37 chapter 567 of the laws of 2000, is amended to read as follows:
38 8. Unless the banking board by a three-fifths vote of all its members
39 shall otherwise provide, any corporate banking organization that, pursu-
40 ant to an agreement, sells or conveys more than fifty per centum of its
41 assets without the written approval of the superintendent shall take the
42 proceedings for voluntary dissolution herein prescribed and, within six
43 months from the date of such sale or conveyance, shall file with the
44 superintendent a certified copy of the closing order in the form
45 prescribed by subdivision four of this section. The corporate banking
46 organization, upon making written application to the superintendent for
47 approval of the sale or conveyance of more than fifty per centum of its
48 assets, shall pay an investigation fee [of two hundred fifty dollars] as
49 prescribed by regulation of the superintendent. If a closing order is
50 required to be filed pursuant to this subdivision and such order is not
51 filed within the time prescribed, the superintendent shall have the
52 power, in his or her discretion, to take possession of the business and
53 property of such corporation and proceed with the liquidation thereof
54 under the provisions of this article.
55 § 61. Subdivision 3 of section 641 of the banking law, as amended by
56 chapter 360 of the laws of 1984, is amended to read as follows:
S. 6056 65 A. 9556
1 3. Application for a license shall be accompanied by an investigation
2 fee [of one thousand dollars] as prescribed by regulation of the super-
3 intendent, which shall not be refunded, and an annual license fee [of
4 five hundred dollars] as prescribed by regulation of the superintendent.
5 § 62. Subdivision 3 of section 642 of the banking law, as amended by
6 chapter 455 of the laws of 1993, is amended to read as follows:
7 3. A license issued pursuant to this article shall remain in full
8 force and effect until it is surrendered by the licensee or revoked or
9 suspended as provided in this article. Every licensee shall, on or
10 before the fifteenth day of June of each year, pay to the superintendent
11 an annual license fee [of five hundred dollars] as prescribed by regu-
12 lation of the superintendent for the next succeeding year. If the licen-
13 see fails to pay the required license fee pursuant to this subdivision
14 by the thirtieth day of June, then the licensee shall be required to pay
15 a late fee [in the amount of one hundred dollars] as prescribed by regu-
16 lation of the superintendent.
17 § 63. Subdivision 3 of section 650 of the banking law, as added by
18 chapter 201 of the laws of 1969 and as renumbered by chapter 374 of the
19 laws of 1979, is amended to read as follows:
20 3. Any licensee who fails to make any report required by the super-
21 intendent pursuant to this article, on or before the day designated for
22 the making thereof, or fails to include therein any prescribed matter,
23 shall forfeit to the people of the state [the sum of one hundred
24 dollars] an amount as prescribed by regulation of the superintendent for
25 every day that such report shall be delayed or withheld, and for every
26 day that it shall fail to report any such omitted matter, unless the
27 superintendent shall, in his or her sole discretion, for good cause
28 shown, reduce the amount to be forfeited, or unless the time therefor
29 shall have been extended by the superintendent, as provided in [para-
30 graph three] subdivision four of this section.
31 § 64. Subdivision 1 of section 652-a of the banking law, as added by
32 chapter 374 of the laws of 1979, is amended to read as follows:
33 1. It shall be unlawful except with the prior approval of the super-
34 intendent for any action to be taken which results in a change of
35 control of the business of a licensee. Prior to any change of control,
36 the person desirous of acquiring control of the business of a licensee
37 shall make written application to the superintendent and pay an investi-
38 gation fee [of one thousand dollars] as prescribed by regulation of the
39 superintendent to the superintendent. The application shall contain such
40 information as the superintendent, by rule or regulation, may prescribe
41 as necessary or appropriate for the purpose of making the determination
42 required by subdivision two of this section.
43 § 65. This act shall take effect immediately.
44 PART V
45 Section 1. Section 60.35 of the penal law, as amended by chapter 62 of
46 the laws of 1989, the section heading, and subdivisions 2, 3, 4, 5 and 8
47 as amended by section 1 of part F of chapter 62 of the laws of 2003,
48 subdivision 1 as separately amended by section 1 of part F and section 1
49 of part M of chapter 62 of the laws of 2003, and subdivision 9 as added
50 by chapter 452 of the laws of 1997, is amended to read as follows:
51 § 60.35 Mandatory surcharge, sex offender registration fee, DNA databank
52 fee, supplemental sex offender victim fee and crime victim
53 assistance fee required in certain cases.
S. 6056 66 A. 9556
1 1. (a) Except as provided in section eighteen hundred nine of the
2 vehicle and traffic law and section 27.12 of the parks, recreation and
3 historic preservation law, whenever proceedings in an administrative
4 tribunal or a court of this state result in a conviction for a felony, a
5 misdemeanor, or a violation, as these terms are defined in section 10.00
6 of this chapter, there shall be levied at sentencing a mandatory
7 surcharge, sex offender registration fee, DNA databank fee and a crime
8 victim assistance fee in addition to any sentence required or permitted
9 by law, in accordance with the following schedule:
10 [(a)] (i) a person convicted of a felony shall pay a mandatory
11 surcharge of two hundred fifty dollars and a crime victim assistance fee
12 of twenty dollars;
13 [(b)] (ii) a person convicted of a misdemeanor shall pay a mandatory
14 surcharge of one hundred forty dollars and a crime victim assistance fee
15 of twenty dollars;
16 [(c)] (iii) a person convicted of a violation shall pay a mandatory
17 surcharge of seventy-five dollars and a crime victim assistance fee of
18 twenty dollars;
19 [(d)] (iv) a person convicted of a sex offense as defined by subdivi-
20 sion two of section one hundred sixty-eight-a of the correction law or a
21 sexually violent offense as defined by subdivision three of section one
22 hundred sixty-eight-a of the correction law shall, in addition to a
23 mandatory surcharge and crime victim assistance fee, pay a sex offender
24 registration fee of fifty dollars.
25 [(e)] (v) a person convicted of a designated offense as defined by
26 subdivision seven of section nine hundred ninety-five of the executive
27 law shall, in addition to a mandatory surcharge and crime victim assist-
28 ance fee, pay a DNA databank fee of fifty dollars.
29 (b) When the felony or misdemeanor conviction in subparagraphs (i),
30 (ii) or (iv) of paragraph (a) of this subdivision results from an
31 offense contained in article one hundred thirty of this chapter, incest
32 as defined in section 255.25 of this chapter or an offense contained in
33 article two hundred sixty-three of this chapter, the person convicted
34 shall pay a supplemental sex offender victim fee of one thousand dollars
35 in addition to the mandatory surcharge and any other fee.
36 2. Where a person is convicted of two or more crimes or violations
37 committed through a single act or omission, or through an act or omis-
38 sion which in itself constituted one of the crimes or violations and
39 also was a material element of the other, the court shall impose a
40 mandatory surcharge and a crime victim assistance fee, and where appro-
41 priate a supplemental sex offender victim fee, in accordance with the
42 provisions of this section for the crime or violation which carries the
43 highest classification, and no other sentence to pay a mandatory
44 surcharge [or a], crime victim assistance fee or supplemental sex offen-
45 der victim fee required by this section shall be imposed. Where a person
46 is convicted of two or more sex offenses or sexually violent offenses,
47 as defined by subdivisions two and three of section one hundred sixty-
48 eight-a of the correction law, committed through a single act or omis-
49 sion, or through an act or omission which in itself constituted one of
50 the offenses and also was a material element of the other, the court
51 shall impose only one sex offender registration fee. Where a person is
52 convicted of two or more designated offenses, as defined by subdivision
53 seven of section nine hundred ninety-five of the executive law, commit-
54 ted through a single act or omission, or through an act or omission
55 which in itself constituted one of the offenses and also was a material
56 element of the other, the court shall impose only one DNA databank fee.
S. 6056 67 A. 9556
1 3. The mandatory surcharge, sex offender registration fee, DNA data-
2 bank fee [and], crime victim assistance fee, and supplemental sex offen-
3 der victim fee provided for in subdivision one of this section shall be
4 paid to the clerk of the court or administrative tribunal that rendered
5 the conviction. Within the first ten days of the month following
6 collection of the mandatory surcharge [and], crime victim assistance
7 fee, and supplemental sex offender victim fee, the collecting authority
8 shall determine the amount of mandatory surcharge [and], crime victim
9 assistance fee, and supplemental sex offender victim fee collected and,
10 if it is an administrative tribunal, or a town or village justice court,
11 it shall then pay such money to the state comptroller who shall deposit
12 such money in the state treasury pursuant to section one hundred twen-
13 ty-one of the state finance law to the credit of the criminal justice
14 improvement account established by section ninety-seven-bb of the state
15 finance law. Within the first ten days of the month following collection
16 of the sex offender registration fee and DNA databank fee, the collect-
17 ing authority shall determine the amount of the sex offender registra-
18 tion fee and DNA databank fee collected and, if it is an administrative
19 tribunal, or a town or village justice court, it shall then pay such
20 money to the state comptroller who shall deposit such money in the state
21 treasury pursuant to section one hundred twenty-one of the state finance
22 law to the credit of the general fund. If such collecting authority is
23 any other court of the unified court system, it shall, within such peri-
24 od, pay such money attributable to the mandatory surcharge or crime
25 victim assistance fee to the state commissioner of taxation and finance
26 to the credit of the criminal justice improvement account established by
27 section ninety-seven-bb of the state finance law. If such collecting
28 authority is any other court of the unified court system, it shall,
29 within such period, pay such money attributable to the sex offender
30 registration fee and the DNA databank fee to the state commissioner of
31 taxation and finance to the credit of the general fund.
32 4. Any person who has paid a mandatory surcharge, sex offender regis-
33 tration fee, DNA databank fee [or], a crime victim assistance fee or a
34 supplemental sex offender victim fee under the authority of this section
35 based upon a conviction that is subsequently reversed or who paid a
36 mandatory surcharge, sex offender registration fee, DNA databank fee
37 [or], a crime victim assistance fee or supplemental sex offender victim
38 fee under the authority of this section which is ultimately determined
39 not to be required by this section shall be entitled to a refund of such
40 mandatory surcharge, sex offender registration fee, DNA databank fee
41 [or], crime victim assistance fee or supplemental sex offender victim
42 fee upon application to the state comptroller. The state comptroller
43 shall require such proof as is necessary in order to determine whether a
44 refund is required by law.
45 5. (a) When a person who is convicted of a crime or violation and
46 sentenced to a term of imprisonment has failed to pay the mandatory
47 surcharge, sex offender registration fee, DNA databank fee [or], crime
48 victim assistance fee or supplemental sex offender victim fee required
49 by this section, the clerk of the court that rendered the conviction
50 shall notify the superintendent or the municipal official of the facili-
51 ty where the person is confined. The superintendent or the municipal
52 official shall cause any amount owing to be collected from such person
53 during his or her term of imprisonment from moneys to the credit of an
54 inmates' fund or such moneys as may be earned by a person in a work
55 release program pursuant to section eight hundred sixty of the
56 correction law. Such moneys attributable to the mandatory surcharge or
S. 6056 68 A. 9556
1 crime victim assistance fee shall be paid over to the state comptroller
2 to the credit of the criminal justice improvement account established by
3 section ninety-seven-bb of the state finance law and such moneys attrib-
4 utable to the sex offender registration fee or DNA databank fee shall be
5 paid over to the state comptroller to the credit of the general fund,
6 except that any such moneys collected which are surcharges, sex offender
7 registration fees, DNA databank fees [or], crime victim assistance fees
8 or supplemental sex offender victim fees levied in relation to
9 convictions obtained in a town or village justice court shall be paid
10 within thirty days after the receipt thereof by the superintendent or
11 municipal official of the facility to the justice of the court in which
12 the conviction was obtained. For the purposes of collecting such manda-
13 tory surcharge, sex offender registration fee, DNA databank fee [and],
14 crime victim assistance fee, and supplemental sex offender victim fee,
15 the state shall be legally entitled to the money to the credit of an
16 inmates' fund or money which is earned by an inmate in a work release
17 program. For purposes of this subdivision, the term "inmates' fund"
18 shall mean moneys in the possession of an inmate at the time of his or
19 her admission into such facility, funds earned by him or her as provided
20 for in section one hundred eighty-seven of the correction law and any
21 other funds received by him or her or on his or her behalf and deposited
22 with such superintendent or municipal official.
23 (b) The incarceration fee provided for in subdivision two of section
24 one hundred eighty-nine of the correction law shall not be assessed or
25 collected if any order of restitution or reparation, fine, mandatory
26 surcharge, sex offender registration fee, DNA databank fee [or], crime
27 victim assistance fee or supplemental sex offender victim fee remains
28 unpaid. In such circumstances, any monies which may lawfully be withheld
29 from the compensation paid to a prisoner for work performed while housed
30 in a general confinement facility in satisfaction of such an obligation
31 shall first be applied toward satisfaction of such obligation.
32 6. Notwithstanding any other provision of this section, where a person
33 has made restitution or reparation pursuant to section 60.27 of this
34 [chapter] article, such person shall not be required to pay a mandatory
35 surcharge or a crime victim assistance fee.
36 7. Notwithstanding the provisions of subdivision one of section 60.00
37 of this [chapter] article, the provisions of subdivision one of this
38 section shall not apply to a violation under any law other than this
39 chapter.
40 8. Subdivision one of section 130.10 of the criminal procedure law
41 notwithstanding, at the time that the mandatory surcharge, sex offender
42 registration fee or DNA databank fee, crime victim assistance fee or
43 supplemental sex offender victim fee is imposed a town or village court
44 may, and all other courts shall, issue and cause to be served upon the
45 person required to pay the mandatory surcharge, sex offender registra-
46 tion fee or DNA databank fee, crime victim assistance fee or supple-
47 mental sex offender victim fee, a summons directing that such person
48 appear before the court regarding the payment of the mandatory
49 surcharge, sex offender registration fee or DNA databank fee, crime
50 victim assistance fee or supplemental sex offender victim fee, if after
51 sixty days from the date it was imposed it remains unpaid. The desig-
52 nated date of appearance on the summons shall be set for the first day
53 court is in session falling after the sixtieth day from the imposition
54 of the mandatory surcharge, sex offender registration fee or DNA data-
55 bank fee, crime victim assistance fee or supplemental sex offender
56 victim fee. The summons shall contain the information required by
S. 6056 69 A. 9556
1 subdivision two of section 130.10 of the criminal procedure law except
2 that in substitution for the requirement of paragraph (c) of such subdi-
3 vision the summons shall state that the person served must appear at a
4 date, time and specific location specified in the summons if after sixty
5 days from the date of issuance the mandatory surcharge, sex offender
6 registration fee or DNA databank fee, crime victim assistance fee or
7 supplemental sex offender victim fee remains unpaid. The court shall not
8 issue a summons under this subdivision to a person who is being
9 sentenced to a term of confinement in excess of sixty days in jail or in
10 the department of correctional services. The mandatory surcharges, sex
11 offender registration fee and DNA databank fees, crime victim assistance
12 fees and supplemental sex offender victim fees for those persons shall
13 be governed by the provisions of section 60.30 of [the penal law] this
14 article.
15 9. Notwithstanding the provisions of subdivision one of this section,
16 in the event a proceeding is in a town or village court, such court
17 shall add an additional five dollars to the surcharges imposed by such
18 subdivision one.
19 § 2. Subdivision 5 of section 60.35 of the penal law, as amended by
20 section 2 of part F of chapter 62 of the laws of 2003, is amended to
21 read as follows:
22 5. When a person who is convicted of a crime or violation and
23 sentenced to a term of imprisonment has failed to pay the mandatory
24 surcharge, sex offender registration fee, DNA databank fee [or], crime
25 victim assistance fee or supplemental sex offender victim fee required
26 by this section, the clerk of the court that rendered the conviction
27 shall notify the superintendent or the municipal official of the facili-
28 ty where the person is confined. The superintendent or the municipal
29 official shall cause any amount owing to be collected from such person
30 during his or her term of imprisonment from moneys to the credit of an
31 inmates' fund or such moneys as may be earned by a person in a work
32 release program pursuant to section eight hundred sixty of the
33 correction law. Such moneys attributable to the mandatory surcharge or
34 crime victim assistance fee shall be paid over to the state comptroller
35 to the credit of the criminal justice improvement account established by
36 section ninety-seven-bb of the state finance law and such moneys attrib-
37 utable to the sex offender registration fee or DNA databank fee shall be
38 paid over to the state comptroller to the credit of the general fund,
39 except that any such moneys collected which are surcharges, sex offender
40 registration fees, DNA databank fees [or], crime victim assistance fees
41 or supplemental sex offender victim fees levied in relation to
42 convictions obtained in a town or village justice court shall be paid
43 within thirty days after the receipt thereof by the superintendent or
44 municipal official of the facility to the justice of the court in which
45 the conviction was obtained. For the purposes of collecting such manda-
46 tory surcharge, sex offender registration fee, DNA databank fee [and],
47 crime victim assistance fee and supplemental sex offender victim fee,
48 the state shall be legally entitled to the money to the credit of an
49 inmates' fund or money which is earned by an inmate in a work release
50 program. For purposes of this subdivision, the term "inmates' fund"
51 shall mean moneys in the possession of an inmate at the time of his or
52 her admission into such facility, funds earned by him or her as provided
53 for in section one hundred eighty-seven of the correction law and any
54 other funds received by him or her or on his or her behalf and deposited
55 with such superintendent or municipal official.
S. 6056 70 A. 9556
1 § 3. This act shall take effect immediately and shall be deemed to
2 have been in full force and effect on and after April 1, 2004; provided,
3 however, that the amendments to subdivision 5 of section 60.35 of the
4 penal law, made by section one of this act shall be subject to the expi-
5 ration and reversion of such subdivision pursuant to section 74 of chap-
6 ter 3 of the laws of 1995, as amended, when upon such date the
7 provisions of section two of this act shall take effect.
8 PART W
9 Section 1. Subdivision 6 of section 60.35 of the penal law is
10 REPEALED.
11 § 2. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law.
13 PART X
14 Section 1. Subdivision 3 of section 702 of the correction law, as
15 amended by chapter 134 of the laws of 1985, is amended to read as
16 follows:
17 3. (a) Where a certificate of relief from disabilities is not issued
18 at the time sentence is pronounced it shall only be issued thereafter
19 upon verified application to the court. The court may, for the purpose
20 of determining whether such certificate shall be issued, request [its]
21 the local probation [service] department to conduct an investigation of
22 the applicant[, or if the court has no probation service it may request
23 the probation service of the county court for the county in which the
24 court is located to conduct such investigation, or if there be no such
25 probation service the court may request the state director of probation
26 and correctional alternatives to arrange for such investigation]. Any
27 probation officer requested to make an investigation pursuant to this
28 section shall prepare and submit to the court a written report in
29 accordance with such request.
30 (b) Notwithstanding any other provision of law, every county, includ-
31 ing the city of New York, may adopt a local law authorizing its
32 probation department which is ordered to conduct an investigation pursu-
33 ant to this section, to be entitled to a fee of not less than fifty
34 dollars and not more than three hundred dollars, except where an appli-
35 cant is solely seeking restoration of his or her right to register or
36 vote at an election.
37 (c) The court may direct that the applicant pay the entire amount
38 prior to any temporary or final determination; that the applicant pay
39 the entire amount at some later date specified by the department or that
40 the applicant pay a specified portion at designated periodic intervals.
41 (d) Fees pursuant to this section shall be paid directly to the local
42 probation department to be retained and utilized for enhancing local
43 probation services, and shall not be considered by the division of
44 probation and correctional alternatives when determining state aid
45 reimbursement pursuant to section two hundred forty-six of the executive
46 law.
47 § 2. Section 390.30 of the criminal procedure law is amended by adding
48 a new subdivision 6-a to read as follows:
49 6-a. Electronic monitoring and drug testing fee. (a) A probation
50 department may impose an electronic monitoring and drug testing fee upon
51 an individual subject to electronic monitoring or drug testing as a
52 condition of interim probation supervision. The electronic monitoring
S. 6056 71 A. 9556
1 fee shall not exceed five dollars per day. The drug testing fee shall
2 not exceed three dollars per day tested.
3 (b) Fees pursuant to this subdivision shall be paid directly to the
4 local probation department to be retained and utilized for enhancing
5 local probation services, and shall not be considered by the division of
6 probation and correctional alternatives when determining state aid
7 reimbursement pursuant to section two hundred forty-six of the executive
8 law.
9 § 3. The criminal procedure law is amended by adding a new section
10 390.35 to read as follows:
11 § 390.35 Investigation report fee.
12 1. Authority to collect a fee. Notwithstanding any other provision of
13 law, every county, including the city of New York, may adopt a local law
14 authorizing its probation department which is ordered to conduct an
15 investigation pursuant to this article, to be entitled to a fee of not
16 less than fifty dollars and not more than three hundred dollars from the
17 defendant for performing such investigation.
18 2. Retaining fees. Fees pursuant to this section shall be paid direct-
19 ly to the local probation department to be retained and utilized for
20 enhancing local probation services, and shall not be considered by the
21 division of probation and correctional alternatives when determining
22 state aid reimbursement pursuant to section two hundred forty-six of the
23 executive law.
24 § 4. Article 5 of the domestic relations law is amended by adding a
25 new section 74 to read as follows:
26 § 74. Custody investigation report fee. 1. Notwithstanding any other
27 provision of law, every county, including the city of New York, may
28 adopt a local law authorizing its probation department which is ordered
29 to conduct an investigation pursuant to section two hundred forty of
30 this chapter, to be entitled to a fee of not less than fifty dollars and
31 not more than five hundred dollars from the parties in such proceeding
32 for performing such investigation. Such fee shall be based on the
33 party's ability to pay the fee and the schedule for payment shall be
34 fixed by the court issuing the order for investigation, pursuant to the
35 guidelines issued by the state director of probation and correctional
36 alternatives. The court shall apportion the fee between the parties
37 based upon the respective financial circumstances of the parties and the
38 equities of the case.
39 2. Fees pursuant to this section shall be paid directly to the local
40 probation department to be retained and utilized for enhancing local
41 probation services, and shall not be considered by the division of
42 probation and correctional alternatives when determining state aid
43 reimbursement pursuant to section two hundred forty-six of the executive
44 law.
45 § 5. Subdivisions 1, 2 and 3 of section 257-c of the executive law, as
46 added by chapter 55 of the laws of 1992, are amended to read as follows:
47 1. Notwithstanding any other provision of law, every county and the
48 city of New York, may adopt a local law requiring individuals, convicted
49 of a crime and currently serving or who shall be sentenced to a period
50 of probation [upon conviction of any crime under article thirty-one of
51 the vehicle and traffic law] placed under interim probation supervision
52 or released under conditional release to pay to the supervising local
53 probation department [with the responsibility of supervising the proba-
54 tioner] an administrative fee of thirty dollars per month. [The depart-
55 ment shall waive all or part of such fee where, because of the indigence
56 of the offender, the payment of said surcharge would work an unreason-
S. 6056 72 A. 9556
1 able hardship on the person convicted, his or her immediate family, or
2 any other person who is dependent on such person for financial support.]
3 2. The provisions of subdivision six of section 420.10 of the criminal
4 procedure law shall govern for purposes of collection of the administra-
5 tive fee, except a court order shall not be required and another offi-
6 cial or agency may be designated to file a certified copy of the fee
7 determination and collect such fee. The supervising probation department
8 shall issue a written fee determination containing the amount required
9 to be paid by the probationer or releasee. The fee determination may
10 direct an official or agency to file a certified copy of the fee deter-
11 mination with the appropriate county clerk. Any fee determination shall
12 be deemed comparable to a court order for purposes of such subdivision.
13 3. The probation administrative fee authorized by this section shall
14 not constitute nor be imposed as a condition of probation or conditional
15 release. Nothing contained in this section affects or limits the
16 provisions of section two hundred fifty-nine-m of this chapter, relating
17 to out-of-state probation supervision. Prior to a transfer of probation
18 supervision to another state, the supervising probation department shall
19 eliminate any supervision fee imposed pursuant to this section. The
20 supervising probation department may collect a fee, pursuant to this
21 section, from any person whose probation supervision is transferred to
22 this state from another state.
23 § 6. Section 65.10 of the penal law is amended by adding a new subdi-
24 vision 6 to read as follows:
25 6. Electronic monitoring and drug testing fee. (a) A probation
26 department may impose an electronic monitoring and drug testing fee upon
27 a probationer subject to electronic monitoring or drug testing as a
28 condition of probation. The electronic monitoring fee shall not exceed
29 five dollars per day and not exceed the amount of nine hundred dollars
30 in total. The drug testing fee shall not exceed three dollars per day
31 tested and not exceed the amount of nine hundred dollars.
32 (b) Fees pursuant to this subdivision shall be paid directly to the
33 local probation department to be retained and utilized for enhancing
34 local probation services, and shall not be considered by the division of
35 probation and correctional alternatives when determining state aid
36 reimbursement pursuant to section two hundred forty-six of the executive
37 law.
38 § 7. Subdivision (aa) of section 427 of chapter 55 of the laws of
39 1992, amending the tax law and other laws relating to taxes, surcharges,
40 fees and funding, as amended by chapter 16 of the laws of 2003, is
41 amended to read as follows:
42 (aa) the provisions of sections three hundred eighty-two, three
43 hundred eighty-three and three hundred eighty-four of this act shall
44 expire on September 1, [2005] 2007;
45 § 8. This act shall take effect immediately; and notwithstanding any
46 other provision of law to the contrary, any new fees collected on or
47 after such effective date pursuant to section five of this act shall be
48 used to enhance probation services; and provided, however, that the
49 amendments to subdivisions 1, 2 and 3 of section 257-c of the executive
50 law made by section five of this act shall not affect the expiration of
51 such section and shall be deemed to expire therewith.
52 PART Y
53 Section 1. Section 60.02 of the penal law is amended by adding a new
54 subdivision 3 to read as follows:
S. 6056 73 A. 9556
1 (3) The provisions of section 60.35 of this article shall apply to a
2 sentence imposed upon a youthful offender finding and the amount of the
3 mandatory surcharge and crime victim assistance fee which shall be
4 levied at sentencing shall be equal to the amount specified in such
5 section for the offense of conviction for which the youthful offender
6 finding was substituted.
7 § 2. Section 60.35 of the penal law is amended by adding a new subdi-
8 vision 10 to read as follows:
9 10. The provisions of this section shall apply to sentences imposed
10 upon a youthful offender finding.
11 § 3. Section 1809 of the vehicle and traffic law is amended by adding
12 a new subdivision 10 to read as follows:
13 10. For the purposes of this section, the term conviction means and
14 includes the conviction of a felony or a misdemeanor for which a youth-
15 ful offender finding was substituted and upon such a finding there shall
16 be levied a mandatory surcharge and a crime victim assistance fee to the
17 same extent and in the same manner and amount provided by this section
18 for conviction of the felony or misdemeanor, as the case may be, for
19 which such youthful offender finding was substituted.
20 § 4. Section 1809-c of the vehicle and traffic law is amended by
21 adding a new subdivision 4 to read as follows:
22 4. For the purposes of this section, the term conviction means and
23 includes the conviction of a felony or a misdemeanor for a violation of
24 section eleven hundred ninety-two of this chapter for which a youthful
25 offender finding was substituted and upon such a finding there shall be
26 levied an additional surcharge, in addition to any sentence or other
27 surcharge required or permitted by law, to the same extent and in the
28 same manner and amount provided by this section for conviction of the
29 felony or misdemeanor, as the case may be, for which such youthful
30 offender finding was substituted.
31 § 5. This act shall take effect on the one hundred eightieth day after
32 it shall have become a law.
33 PART Z
34 Section 1. Paragraphs a and b of subdivision 1 of section 1803 of the
35 vehicle and traffic law, as amended by chapter 385 of the laws of 1999,
36 are amended to read as follows:
37 a. for a violation which occurs in a city, town or suburban town, any
38 fine or penalty shall be paid to the city, town or suburban town in
39 which the violation occurs, when [such] the violation [is of] with which
40 the defendant was originally charged was (1) any of the provisions of
41 title seven of this chapter, but including violations of section eleven
42 hundred eighty only when occurring in state parks for which the office
43 of parks, recreation and historic preservation has established maximum
44 speed limits pursuant to section sixteen hundred thirty and the
45 violations could have been charged under either such established maximum
46 speed limits or another section of this chapter, and when involving
47 maximum speed limits established pursuant to section sixteen hundred
48 forty-three, sixteen hundred forty-four, sixteen hundred sixty-two-a,
49 sixteen hundred sixty-three or sixteen hundred seventy, and excluding
50 violations of sections eleven hundred eighty-two, eleven hundred nine-
51 ty-two and twelve hundred twelve of this chapter, or (2) any ordinance,
52 order, rule or regulation adopted pursuant to article two-E of the
53 transportation law or section sixteen hundred thirty of this chapter by
54 the East Hudson Parkway Authority or by its successor, or the County of
S. 6056 74 A. 9556
1 Westchester Department of Parks, Recreation and Conservation, or the
2 state office of parks, recreation and historic preservation. For
3 purposes of this paragraph, violations shall be deemed to be violations
4 of any such ordinance, order, rule or regulation when they occur on
5 highways under the jurisdiction of the enumerated entities and the
6 violations could have been charged under either such ordinance, order,
7 rule or regulation or another section of this chapter.
8 b. for a violation which occurs in a village in which the office of
9 village justice is established, any fine or penalty shall be paid to the
10 village in which the violation occurs, when [such] the violation [is of]
11 with which the defendant was originally charged was (1) any of the
12 provisions of title seven of this chapter, but including violations of
13 section eleven hundred eighty only when occurring in state parks for
14 which the office of parks, recreation and historic preservation has
15 established maximum speed limits pursuant to section sixteen hundred
16 thirty and the violations could have been charged under either such
17 established maximum speed limits or another section of this chapter, and
18 when involving maximum speed limits established pursuant to section
19 sixteen hundred forty-three, sixteen hundred forty-four or sixteen
20 hundred seventy, and excluding violations of sections eleven hundred
21 eighty-two, eleven hundred ninety-two and twelve hundred twelve of this
22 chapter, or (2) any ordinance, order, rule or regulation adopted pursu-
23 ant to article two-E of the transportation law or section sixteen
24 hundred thirty of this chapter by the East Hudson Parkway Authority or
25 by its successor, or the County of Westchester Department of Parks,
26 Recreation and Conservation, or the state office of parks, recreation
27 and historic preservation. For purposes of this paragraph, violations
28 shall be deemed to be violations of any such ordinance, order, rule or
29 regulation when they occur on highways under the jurisdiction of the
30 enumerated entities and the violations could have been charged under
31 either such ordinance, order, rule or regulation, or another section of
32 this chapter. Notwithstanding the foregoing provisions of this para-
33 graph, all fines, penalties and forfeitures for violation of a village
34 ordinance, local law or regulation adopted pursuant to the authorization
35 of paragraph six of subdivision (a) of section sixteen hundred forty of
36 this chapter prohibiting, restricting or limiting the stopping, standing
37 or parking of vehicles shall be paid to such village whether or not the
38 village has established the office of village justice.
39 § 2. This act shall take effect immediately.
40 PART AA
41 Section 1. Subdivision 1 of section 210 of the military law, as
42 amended by section 1 of part P of chapter 57 of the laws of 2000, is
43 amended to read as follows:
44 1. Each member of the militia ordered into the active service of the
45 state pursuant to sections six and seven of this chapter, shall receive
46 for each day or part thereof of such duty the same pay and allowances as
47 are received by members of the appropriate force of the armed forces of
48 the United States of corresponding grade, rating and length of service,
49 or one hundred twenty-five dollars per day, whichever is greater.
50 § 2. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect on and after April 1, 2004.
52 PART BB
S. 6056 75 A. 9556
1 Section 1. Subdivision 2 of section 722-f of the county law is
2 REPEALED.
3 § 2. Section 98-b of the state finance law, as added by section 12 of
4 part J of chapter 62 of the laws of 2003, is amended to read as follows:
5 § 98-b. Indigent legal services fund. 1. There is hereby established
6 in the joint custody of the comptroller and the commissioner of taxation
7 and finance a special fund to be known as the indigent legal services
8 fund.
9 2. Such fund shall consist of all moneys appropriated for the purpose
10 of such fund, all other moneys required to be paid into or credited to
11 such fund, and all moneys received by the fund or donated to it.
12 [3. (a) As provided in this subdivision, moneys] Moneys received by
13 the indigent legal services fund each calendar year from January first
14 through December thirty-first shall be made available [by the state
15 comptroller] in the immediately succeeding state fiscal year to [(i)]
16 assist counties and, in the case of a county wholly contained within a
17 city, such city, in providing legal representation for persons who are
18 financially unable to afford counsel pursuant to article eighteen-B of
19 the county law; and [(ii)] to assist the state, in funding represen-
20 tation provided by assigned counsel paid in accordance with section
21 thirty-five of the judiciary law. Moneys from the fund shall be distrib-
22 uted [at the direction of the state comptroller] in accordance with the
23 provisions of this [subdivision] section.
24 [(b) Commencing on April first, two thousand five, moneys from such
25 fund shall first be made available, in the fiscal year succeeding the
26 calendar year in which collected, to reimburse the state for payments,
27 made in such previous calendar year, for assigned counsel paid in
28 accordance with section thirty-five of the judiciary law, up to an annu-
29 al sum of twenty-five million dollars.
30 (c) The balance of moneys received by such fund shall be distributed
31 by the state comptroller, in the fiscal year next succeeding the calen-
32 dar year in which collected, to counties and, in the case of a county
33 wholly contained within a city, such city, to assist such counties and
34 such city in providing representation pursuant to article eighteen-B of
35 the county law. The amount to be made available each year to such coun-
36 ties and such city shall be calculated by the state comptroller as
37 follows:
38 (i) The county executive or chief executive officer of each county or,
39 in the case of a county wholly contained within a city, such city shall,
40 in accordance with subdivision two of section seven hundred twenty-two-f
41 of the county law, certify to the state comptroller, by March first of
42 each year, the total expenditure of local funds by each such county or
43 city, during the period January first through December thirty-first of
44 the previous calendar year, for providing legal representation to
45 persons who were financially unable to afford counsel, pursuant to arti-
46 cle eighteen-B of the county law.
47 (ii) The state comptroller shall then total the amount of local funds
48 expended by all such counties and such city to determine the sum of such
49 moneys expended by all such counties and such city for providing such
50 representation in such calendar year.
51 (iii) The state comptroller shall then calculate the percentage share
52 of the statewide sum of such expenditures for each county and such city
53 for such calendar year.
54 (iv) The state comptroller shall then determine:
55 (A) the fund amount available to be distributed pursuant to this para-
56 graph, which shall be the amount received by the indigent legal services
S. 6056 76 A. 9556
1 fund in the immediately preceding calendar year, minus the amount to be
2 distributed to the state under paragraph (b) of this subdivision
3 provided, however, that with respect to the first payment made to coun-
4 ties and such city on or after April first, two thousand five, such
5 payment shall be made from the amounts received by the indigent legal
6 services fund in the immediately preceding two calendar years, minus the
7 amount to be distributed to the state under paragraph (b) of this subdi-
8 vision; and
9 (B) the annual payment amount to be paid to each county and such city
10 pursuant to this subdivision, which shall be the product of the percent-
11 age share of statewide local funds expended by each such county and
12 city, as determined pursuant to subparagraph (iii) of this paragraph,
13 multiplied by the fund amount available for distribution, as determined
14 pursuant to clause (A) of this subparagraph.
15 (d) All payments from this account shall be made upon vouchers
16 approved and certified and upon audit and warrant of the state comp-
17 troller. The state comptroller shall, as soon as practicable, make such
18 payments to the state and each county and each city in a lump sum
19 payment.]
20 3. Following appropriation and allocation by the director of the budg-
21 et, the commissioner of the division of criminal justice services shall
22 make distributions from the indigent legal services fund:
23 (a) to the state, commencing with a payment on April first, two thou-
24 sand four or as soon thereafter as practicable, and quarterly thereaft-
25 er, as reimbursement for providing funding for legal representation in
26 periods and at rates of compensation in effect after January first, two
27 thousand four in accordance with section thirty-five of the judiciary
28 law, in an amount equal to such funding provided during the preceding
29 quarter, less the amount of funding provided during that quarter in
30 accordance with such section at rates of compensation in effect imme-
31 diately prior to January first, two thousand four, up to but not exceed-
32 ing six million two hundred fifty thousand dollars per quarter;
33 (b) to counties and the city of New York in lump sum payments on April
34 first, two thousand four or as soon thereafter as practicable, in an
35 amount equal to the moneys deposited in such fund prior to December
36 thirty-first, two thousand three, less the payment made to the state on
37 or after April first, two thousand four pursuant to paragraph (a) of
38 this subdivision, multiplied by the percentage listed for each county
39 and such city as follows:
40 Albany ......................................................... 1.81%
41 Allegany ....................................................... 0.23
42 Broome ......................................................... 1.28
43 Cattaraugus .................................................... 0.39
44 Cayuga ......................................................... 0.37
45 Chautauqua ..................................................... 0.68
46 Chemung ........................................................ 0.53
47 Chenango ....................................................... 0.26
48 Clinton ........................................................ 0.37
49 Columbia ....................................................... 0.28
50 Cortland ....................................................... 0.31
51 Delaware ....................................................... 0.19
52 Dutchess ....................................................... 1.04
53 Erie ........................................................... 4.89
54 Essex .......................................................... 0.19
55 Franklin ....................................................... 0.27
56 Fulton ......................................................... 0.40
S. 6056 77 A. 9556
1 Genesee ........................................................ 0.29
2 Greene ......................................................... 0.22
3 Hamilton ....................................................... 0.02
4 Herkimer ....................................................... 0.35
5 Jefferson ...................................................... 0.60
6 Lewis .......................................................... 0.11
7 Livingston ..................................................... 0.31
8 Madison ........................................................ 0.31
9 Monroe ......................................................... 3.56
10 Montgomery ..................................................... 0.32
11 Nassau ......................................................... 3.42
12 Niagara ........................................................ 1.07
13 New York City ................................................. 52.02
14 Oneida ......................................................... 1.23
15 Onondaga ....................................................... 2.42
16 Ontario ........................................................ 0.50
17 Orange ......................................................... 1.76
18 Orleans ........................................................ 0.20
19 Oswego ......................................................... 0.56
20 Otsego ......................................................... 0.29
21 Putnam ......................................................... 0.27
22 Rensselaer ..................................................... 0.81
23 Rockland ....................................................... 0.87
24 Saratoga ....................................................... 0.71
25 Schenectady .................................................... 0.82
26 Schoharie ...................................................... 0.16
27 Schuyler ....................................................... 0.10
28 Schenectady .................................................... 0.21
29 St. Lawrence ................................................... 0.48
30 Steuben ........................................................ 0.59
31 Suffolk ........................................................ 5.23
32 Sullivan ....................................................... 0.50
33 Tioga .......................................................... 0.38
34 Tompkins ....................................................... 0.38
35 Ulster ......................................................... 0.94
36 Warren ......................................................... 0.39
37 Washington ..................................................... 0.33
38 Wayne .......................................................... 0.46
39 Westchester .................................................... 3.06
40 Wyoming ........................................................ 0.17
41 Yates .......................................................... 0.09
42 (c) to counties and the city of New York in lump sum payments on June
43 first, two thousand five or as soon thereafter as practicable and on the
44 first day of June and each succeeding year, or as soon thereafter as
45 practicable, in an amount equal to the moneys deposited in such fund
46 during the preceding calendar year, less the payments made to the state
47 pursuant to paragraph (a) of this subdivision, multiplied by a factor
48 determined for each county and such city in accordance with a plan and
49 formula to be adopted by the commissioner of the division of criminal
50 justice services.
51 4. [Maintenance of effort. (a) As used in this section, "local funds"
52 shall mean all funds appropriated or allocated by a county or, in the
53 case of a county wholly contained within a city, such city, for services
54 and expenses in accordance with article eighteen-B of the county law,
55 other than funds received from: (i) the federal government or the state;
56 or (ii) a private source, where such city or county does not have
S. 6056 78 A. 9556
1 authority or control over the payment of such funds by such private
2 source.
3 (b) State funds received by a county or city pursuant to subdivision
4 three of this section shall be used to supplement and not supplant any
5 local funds which such county or city would otherwise have had to expend
6 for the provision of counsel and expert, investigative and other
7 services pursuant to article eighteen-B of the county law. All such
8 state funds received by a county or city shall be used to improve the
9 quality of services provided pursuant to article eighteen-B of the coun-
10 ty law.
11 (c) Notwithstanding the provisions of any other law, as a precondition
12 for receiving state assistance pursuant to subdivision three of this
13 section, a county or city shall be required pursuant to this paragraph
14 to demonstrate compliance with the maintenance of effort provisions of
15 paragraph (b) of this subdivision. Such compliance shall be shown as a
16 part of the annual report submitted by the county or city in accordance
17 with subdivision two of section seven hundred twenty-two-f of the county
18 law. Such maintenance of effort shall be shown by demonstrating with
19 specificity:
20 (i) that the total amount of local funds expended for services and
21 expenses pursuant to article eighteen-B of the county law during the
22 applicable calendar year reporting period did not decrease from the
23 amount of such local funds expended during the previous calendar year
24 provided, however, that with respect to the report filed in two thousand
25 six regarding calendar year two thousand five, such maintenance of
26 effort shall be shown by demonstrating with specificity that the total
27 amount of local funds expended for services and expenses pursuant to
28 article eighteen-B of the county law during the two thousand five calen-
29 dar year did not decrease from the amount of such local funds expended
30 during calendar year two thousand two; or
31 (ii) where the amount of local funds expended for such services
32 decreased over such period, that all state funds received during the
33 most recent state fiscal year pursuant to subdivision three of this
34 section were used to assure an improvement in the quality of services
35 provided in accordance with article eighteen-B of the county law and
36 have not been used to supplant local funds. For purposes of this subpar-
37 agraph, whether there has been an improvement in the quality of such
38 services shall be determined by considering the expertise, training and
39 resources made available to attorneys, experts and investigators provid-
40 ing such services; the total caseload handled by such attorneys, experts
41 and investigators as such relates to the time expended in each case and
42 the quality of services provided; the system by which attorneys were
43 matched to cases with a degree of complexity suitable to each attorney's
44 training and experience; the provision of timely and confidential access
45 to such attorneys and expert and investigative services; and any other
46 similar factors related to the delivery of quality public defense
47 services.] Payments from such fund shall be made upon audit and warrant
48 of the state comptroller upon vouchers certified or approved by the
49 commissioner of the division of criminal justice services.
50 § 3. Subdivision 3-a of section 121 of the state finance law, as added
51 by section 16 of part J of chapter 62 of the laws of 2003, is amended to
52 read as follows:
53 3-a. On or before the twentieth day of [October] November in each year
54 commencing with the twentieth of [October] November, two thousand
55 [three] four, the comptroller shall determine [the difference between:
56 (a)] the aggregate receipts derived by the state from mandatory
S. 6056 79 A. 9556
1 surcharges collected by an administrative tribunal or a town or village
2 justice court pursuant to section eighteen hundred nine of the vehicle
3 and traffic law during the preceding year ending September thirtieth,
4 and [(b) the aggregate receipts derived by the state from such mandatory
5 surcharge collected by an administrative tribunal or a town or a village
6 justice court in accordance with the provisions of section eighteen
7 hundred nine of the vehicle and traffic law in effect immediately prior
8 to April first, two thousand three during the preceding year ending
9 September thirtieth. Such difference shall be thereupon transferred by
10 the comptroller] shall transfer twenty-nine percentum of such aggregate
11 receipts to the credit of the indigent legal services fund established
12 by section ninety-eight-b of this chapter.
13 § 4. This act shall take effect immediately.
14 PART CC
15 Section 1. Section 401 of the vehicle and traffic law is amended by
16 adding a new subdivision 5-b to read as follows:
17 5-b. Denial of registration or renewal for certain violations. If at
18 the time of application for a registration or renewal thereof there is a
19 notification from or on behalf of the division of criminal justice
20 services that the registrant or his representative failed to answer or
21 failed to pay any penalty imposed by such division following entry of a
22 final decision in response to a total of three or more notices of
23 liability, issued within an eighteen month period, charging the regis-
24 trant was liable in accordance with section eleven hundred eleven-b of
25 this chapter for a violation of paragraph two of subdivision (d) or
26 subdivision (f) of section eleven hundred eighty of this chapter, the
27 commissioner or his agent shall deny the registration or renewal appli-
28 cation until the applicant provides proof from the division the regis-
29 trant has appeared in response to such notices of liability or has paid
30 such penalty. Where an application is denied pursuant to this section,
31 the commissioner may, in his discretion, deny a registration or renewal
32 application to any other person for the same vehicle and may deny a
33 registration or renewal application for any other motor vehicle regis-
34 tered in the name of the applicant where the commissioner has determined
35 that such registrant's intent has been to evade the purposes of this
36 subdivision and where the commissioner has reasonable grounds to believe
37 that such registration or renewal will have the effect of defeating the
38 purposes of this subdivision. Such denial shall only remain in effect as
39 long as the notices of liability remain unanswered or unpaid.
40 § 2. Section 510 of the vehicle and traffic law is amended by adding a
41 new subdivision 4-f to read as follows:
42 4-f. Suspension of registration for failure to answer or pay penalties
43 with respect to certain violations. Upon the receipt of a notification
44 by or on behalf of the division of criminal justice services that an
45 owner of a motor vehicle has, for a period of thirty days, failed to
46 answer or failed to pay any penalty imposed by such division in response
47 to ten or more notices of liability charging such owner with a violation
48 of paragraph two of subdivision (d) or subdivision (f) of section eleven
49 hundred eighty of this chapter in accordance with the provisions of
50 section eleven hundred eleven-b of this chapter, the commissioner or his
51 agent shall suspend the registration of the vehicle or vehicles involved
52 in the violation or the privilege of operation of any motor vehicle
53 owned by the registrant. Such suspension shall take effect no less than
54 thirty days from the date on which notice thereof is sent by the commis-
S. 6056 80 A. 9556
1 sioner to the person whose registration or privilege is suspended and
2 shall remain in effect until such registrant has appeared in response to
3 such notices of liability or has paid such penalty.
4 § 3. The vehicle and traffic law is amended by adding a new section
5 1111-b to read as follows:
6 § 1111-b. Owner liability for operation in excess of certain posted
7 speed limits. 1. Notwithstanding any other provision of law, in accord-
8 ance with this section and rules and regulations promulgated by the
9 division of criminal justice services, the division is hereby authorized
10 and empowered to establish a photo-monitoring program and to impose
11 monetary liability on the owner of a vehicle which is operated in excess
12 of a maximum speed limit in violation of paragraph two of subdivision
13 (d) or subdivision (f) of section eleven hundred eighty of this title
14 for failing to obey work zone speed limits.
15 2. The owner of a vehicle shall be liable for a civil penalty imposed
16 pursuant to this section if such vehicle was used or operated with the
17 permission of the owner, express or implied, and operated in excess of a
18 maximum speed limit in violation of paragraph two or subdivision (d) or
19 subdivision (f) of section eleven hundred eighty of this title and such
20 violation is evidenced by information obtained from a photo-monitoring
21 system, provided, however, that no owner of a vehicle shall be liable
22 for a penalty imposed pursuant to this section where the operator of
23 such vehicle has been convicted of a violation of section eleven hundred
24 eighty of this title for the same incident.
25 3. For purposes of this section, the term "owner" shall mean any
26 person, corporation, partnership, firm, agency, association, lessor or
27 organization who, at the time of the violation and with respect to the
28 vehicle identified in the notice of liability: (a) is the beneficial or
29 equitable owner of such vehicle; or (b) has title to such vehicle; or
30 (c) is the registrant or co-registrant of such vehicle which is regis-
31 tered with the department of motor vehicles of this state or any other
32 state, territory, district, province, nation or other jurisdiction; or
33 (d) subject to the limitations set forth in subdivision ten of this
34 section, uses such vehicle in its vehicle renting and/or leasing busi-
35 ness; and includes (e) a person entitled to the use and possession of a
36 vehicle subject to a security interest in another person. For purposes
37 of this section, the term "photo-monitoring system" shall mean a vehicle
38 speed sensor which automatically produces one or more photographs, one
39 or more microphotographs, a videotape or other recorded images of each
40 vehicle at the time it is used or operated in violation of paragraph two
41 of subdivision (d) or subdivision (f) of section eleven hundred eighty
42 of this title. For purposes of this section, the term "vehicle" shall
43 mean every device in, upon or by which a person or property is or may be
44 transported or drawn upon a highway.
45 4. A certificate, sworn to or affirmed by an agent of the division
46 which charged that the violation occurred, or a facsimile thereof, based
47 upon inspection of photographs, microphotographs, videotape or other
48 recorded images produced by a photo-monitoring system shall be prima
49 facie evidence of the facts contained therein and shall be admissible in
50 any proceeding charging a violation of paragraph two of subdivision (d)
51 or subdivision (f) of section eleven hundred eighty of this title,
52 provided that any photographs, microphotographs, videotape or other
53 recorded images evidencing such a violation shall be available for
54 inspection and admission into evidence in any proceeding to adjudicate
55 the liability for such violation.
S. 6056 81 A. 9556
1 5. An owner found liable for a violation of paragraph two of subdivi-
2 sion (d) or subdivision (f) of section eleven hundred eighty of this
3 title pursuant to this section shall be liable for a monetary penalty of
4 one hundred dollars.
5 6. An imposition of liability pursuant to this section shall be based
6 upon a preponderance of evidence as submitted. An imposition of liabil-
7 ity pursuant to this section shall not be deemed a conviction as an
8 operator and shall not be made part of the motor vehicle operating
9 record, furnished pursuant to section three hundred fifty-four of this
10 chapter, of the person upon whom such liability is imposed nor shall it
11 be used for insurance purposes in the provision of motor vehicle insur-
12 ance coverage.
13 7. (a) A notice of liability shall be sent by first class mail to each
14 person alleged to be liable as an owner for a violation of paragraph two
15 of subdivision (d) or subdivision (f) of section eleven hundred eighty
16 of this title. Such notice shall be mailed no later than forty-five days
17 after the alleged violation. Personal delivery on the owner shall not be
18 required. A manual or automatic record of mailing prepared in the ordi-
19 nary course of business shall be prima facie evidence of the mailing of
20 the notice.
21 (b) A notice of liability shall contain the name and address of the
22 person alleged to be liable as an owner for a violation of paragraph two
23 of subdivision (d) or subdivision (f) of section eleven hundred eighty
24 of this title, the registration number of the vehicle involved in such
25 violation, the location where such violation took place, the date and
26 time of such violation and the identification number of the photo-moni-
27 toring system which recorded the violation or other document locator
28 number.
29 (c) The notice of liability shall contain information advising the
30 person charged of the manner and the time in which such person may
31 contest the liability alleged in the notice. Such notice of liability
32 shall also contain a warning to advise the person charged that failure
33 to contest in the manner and time provided shall be deemed an admission
34 of liability and that a default judgment may be entered thereon.
35 8. Adjudication of the liability imposed upon owners by this section
36 shall be conducted in a manner determined by the division of criminal
37 justice services.
38 9. If an owner receives a notice of liability pursuant to this section
39 for any time period during which the vehicle was reported to the police
40 department as having been stolen, it shall be a valid defense to an
41 allegation of liability for a violation of paragraph two of subdivision
42 (d) or subdivision (f) of section eleven hundred eighty of this title
43 that the vehicle had been reported to the police as stolen prior to the
44 time the violation occurred and had not been recovered by such time. If
45 an owner receives a notice of liability pursuant to this section for any
46 time period during which the vehicle was stolen, but not as yet reported
47 to the police as having been stolen, it shall be a valid defense to an
48 allegation of liability for a violation of paragraph two of subdivision
49 (d) or subdivision (f) of section eleven hundred eighty of this title
50 pursuant to this section that the vehicle was reported as stolen within
51 two hours after the discovery of the theft by the owner. For purposes
52 of asserting the defense provided by this subdivision it shall be suffi-
53 cient that a certified copy of the police report on the stolen vehicle
54 be sent by first class mail to the division having jurisdiction.
55 10. An owner who is a lessor of a vehicle to which a notice of liabil-
56 ity was issued pursuant to subdivision seven of this section shall not
S. 6056 82 A. 9556
1 be liable for the violation of paragraph two of subdivision (d) or
2 subdivision (f) of section eleven hundred eighty of this title provided
3 that he or she sends to the division serving the notice of liability a
4 copy of the rental, lease or other such contract document covering such
5 vehicle on the date of the violation, with the name and address of the
6 lessee clearly legible, within thirty days after receiving the original
7 notice of liability. Failure to send such information within such thirty
8 day time period shall render the lessor liable for the penalty
9 prescribed by this section. Where the lessor complies with the
10 provisions of this subdivision, the lessee of such vehicle on the date
11 of such violation shall be deemed to be the owner of such vehicle for
12 purposes of this section and shall be subject to liability for the
13 violation of paragraph two of subdivision (d) or subdivision (f) of
14 section eleven hundred eighty of this title, provided that the division
15 mails a notice of liability to the lessee within thirty days after
16 receiving such notice from the lessor. For purposes of this subdivision
17 the term "lessor" shall mean any person, corporation, firm, partnership,
18 agency, association or organization engaged in the business of renting
19 or leasing vehicles to any lessee under a rental agreement, lease or
20 otherwise wherein the said lessee has the exclusive use of said vehicle
21 for any period of time. For purposes of this subdivision, the term
22 "lessee" shall mean any person, corporation, firm, partnership, agency,
23 association or organization that rents, leases or contracts for the use
24 of one or more vehicles and has exclusive use thereof for any period of
25 time.
26 11. Except as provided in subdivision ten of this section, if a person
27 receives a notice of liability pursuant to this section it shall be a
28 valid defense to an allegation of liability for a violation of paragraph
29 two of subdivision (d) or subdivision (f) of section eleven hundred
30 eighty of this title that the individual who received the notice of
31 liability pursuant to this section was not the owner of the vehicle at
32 the time the violation occurred. If the owner liable for a violation of
33 paragraph two of subdivision (d) or subdivision (f) of section eleven
34 hundred eighty of this title pursuant to this section was not the opera-
35 tor of the vehicle at the time of the violation, the owner may maintain
36 an action for indemnification against the operator.
37 12. Nothing in this section shall be construed to limit the liability
38 of an operator of a vehicle for any violation of any provision of law.
39 13. Notwithstanding any other provision of law, all photographs,
40 microphotographs, videotape or other recorded images prepared pursuant
41 to this section shall be for the use of an authority or a state agency
42 in the discharge of its duties and shall not be made available to the
43 public.
44 § 4. This act shall take effect immediately.
45 PART DD
46 Section 1. Section 899-g of the general business law, as added by
47 chapter 642 of the laws of 2003, is amended to read as follows:
48 § 899-g. Registration and renewal fees. An application for registra-
49 tion or renewal of registration shall be accompanied by a fee in the
50 following amount:
51 1. [one] three hundred dollars for an initial application for regis-
52 tration; or
53 2. one hundred fifty dollars for an application for renewal of regis-
54 tration.
S. 6056 83 A. 9556
1 § 2. Section 899-o of the general business law, as added by chapter
2 642 of the laws of 2003, is amended to read as follows:
3 § 899-o. Administrative penalty. The secretary of state may assess a
4 civil penalty against an athlete agent not to exceed twenty-five thou-
5 sand dollars for a violation of section eight hundred [ninety-nine-1]
6 ninety-nine-l of this article.
7 § 3. This act shall take effect immediately.
8 PART EE
9 Section 1. The civil service law is amended by adding a new section
10 215 to read as follows:
11 § 215. Fees for processing declarations of impasse, requests for fact-
12 finding, petitions for interest arbitration and filings of charges
13 alleging improper public employer or public employee organization prac-
14 tices under this article. 1. Notwithstanding any other provision of
15 law, the board is entitled, for the assignment of a case number,
16 creation of a file and other administrative services, to the following
17 fees: (a) for the processing of a declaration of impasse, a request for
18 fact-finding or a petition for interest arbitration, seventy-five
19 dollars from the party making the declaration or request or filing the
20 petition simultaneous with such declaration, request or filing and
21 seventy-five dollars from the party responding to such declaration,
22 request or filing within ten business days of receipt of notice from the
23 board that such declaration, request or filing has been made; and (b)
24 for the processing of a charge alleging a violation of section two
25 hundred nine-a of this article, seventy-five dollars from the party
26 filing the charge simultaneous with such filing and seventy-five dollars
27 from each party responding to the charge simultaneous with the filing of
28 their answer to the charge.
29 2. Upon motion of any person, the board may grant permission to
30 proceed as a poor person, in which event such person shall not be liable
31 for the payment of fees.
32 § 2. This act shall take effect immediately.
33 PART FF
34 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 3 of
35 section 259-i of the executive law, as amended by section 11 of part E
36 of chapter 62 of the laws of 2003, is amended to read as follows:
37 (ii) Whenever a presumptively released, paroled or conditionally
38 released person or a person under post-release supervision or a prisoner
39 received under the uniform act for out-of-state parolee supervision has,
40 pursuant to this paragraph, been placed in any county jail or penitenti-
41 ary, or a city prison operated by a city having a population of one
42 million or more inhabitants, for any period that such person is not
43 detained pursuant to commitment based on an indictment, an information,
44 a simplified information, a prosecutor's information, a misdemeanor
45 complaint or a felony complaint, an arrest warrant or a bench warrant,
46 or any order by a court of competent jurisdiction, the state shall pay
47 to the city or county operating such facility the actual per day per
48 capita cost as certified to the state commissioner of correctional
49 services by the appropriate local official for the care of such person
50 and as approved by the director of the budget. The reimbursement rate
51 shall not, however, exceed thirty dollars per day per capita and forty
S. 6056 84 A. 9556
1 dollars per day per capita on and after the first day of April, nineteen
2 hundred eighty-eight.
3 § 2. This act shall take effect immediately.
4 PART GG
5 Section 1. The state comptroller is hereby authorized and directed to
6 loan money in accordance with the provisions set forth in subdivision 5
7 of section 4 of the state finance law to the following funds and/or
8 accounts:
9 1. Tuition reimbursement fund (050):
10 a. Proprietary vocational school supervision account (02).
11 2. Local government records management improvement fund (052):
12 a. Local gov't records management account (01).
13 3. Dedicated highway and bridge trust fund (072):
14 a. Highway and bridge capital account (01).
15 4. State parks infrastructure trust fund (076):
16 a. State parks infrastructure account (01).
17 5. Clean water/clean air implementation fund (079).
18 6. State lottery fund (160).
19 a. Education - New (03).
20 b. VLT - Admin (05).
21 7. Medicaid management information system escrow fund (179).
22 8. Federal USDA-food and nutrition services fund (261):
23 a. 2003 child and adult food care grant account.
24 b. 2004 child and adult food care grant account.
25 c. 2003 federal food and nutrition services account.
26 d. 2004 federal food and nutrition services account.
27 9. Federal health and human services fund (265):
28 a. Miscellaneous agencies (80).
29 b. 2003 children's health insurance account.
30 c. 2004 children's health insurance account.
31 d. OCA - accounts for courts and parts of courts established by the
32 Judiciary as problem solving courts.
33 10. Federal block grant fund (269):
34 a. 2003 maternal and child health services block grant.
35 b. 2004 maternal and child health services block grant.
36 c. 2003 preventive health and human services block grant (N5).
37 d. 2004 preventive health and human services block grant.
38 e. 2003 abstinence education grant (N8).
39 f. 2004 abstinence education grant.
40 g. 2003 individuals with disabilities education act-part c (54).
41 h. 2004 individuals with disabilities education act-part c.
42 11. Federal operating grants fund (290):
43 a. National recreation trail act grants (07).
44 b. State side land and water conservation act (08).
45 c. Historic preservation grants (13).
46 d. Division of human rights federal housing assistance (19).
47 e. Division of military and naval affairs training sites (30).
48 f. FTA program management account (34).
49 g. Division of military and naval affairs army national guard contract
50 (35).
51 h. Division of military and naval affairs air national guard contract
52 (36).
53 i. Division of military and naval affairs air national guard security
54 guards (38).
S. 6056 85 A. 9556
1 j. HUD section 8 administration fees (42).
2 k. Division of military and naval affairs emergency management
3 account.
4 l. Highway safety section 402 account (54).
5 m. HUD - emergency shelter grants (75).
6 n. Federal library services technology act account (90).
7 o. Federal energy management account - state heating oil program (AE).
8 p. HUD - HOPWA automated (AK).
9 q. Federal McKinney homeless grant program (AY).
10 r. National park rehab (A1).
11 s. Encon ISTEA (A9).
12 t. Division of veterans` affairs - veterans` education account (B5).
13 u. FTA program management account (FT).
14 v. Division of human rights federal equal opportunity (G1).
15 w. National community service fund (JA).
16 x. Rural and small urban transit aid account (L2).
17 y. Federal housing and urban development account-local planning (L3).
18 z. Urban mass transportation administration account-local planning
19 (L4).
20 aa. PSC-pipeline safety grant (L8).
21 bb. Foster care and adoption (W6).
22 cc. Encon agriculture (Y1).
23 dd. Encon commerce (Y2).
24 ee. Wildlife restoration (Y3).
25 ff. Encon EPA (Y4).
26 gg. Interior non wildlife (Y7).
27 hh. Air pollution control (Y8).
28 ii. Hazardous waste (Y9).
29 jj. Army (YO).
30 kk. Protection and advocacy for beneficiaries of social security (2I).
31 ll. COPSMORE 98 grant (2P).
32 mm. 2003 Safe drinking water.
33 nn. 2004 Safe drinking water.
34 oo. 2003 State indoor radon.
35 pp. 2004 State indoor radon.
36 qq. 2003 Asbestos compliance monitoring.
37 rr. 2004 Asbestos compliance monitoring.
38 ss. 2003 pollution prevention for the health care industry.
39 tt. 2004 pollution prevention for the health care industry.
40 uu. 2003 hazardous air pollutants and acute asthma in urban areas.
41 vv. 2004 hazardous air pollutants and acute asthma in urban areas.
42 ww. 2003 summer food grant.
43 xx. 2004 summer food grant.
44 yy. OCA - federal grants for accounts for courts and parts of court
45 established by the judiciary as problem solving courts.
46 zz. Lead based paint program account (CH).
47 aaa. Manufacturing extension partnership account.
48 12. Federal capital projects fund (291).
49 13. Sewage treatment program management and administration fund (300).
50 14. Environmental conservation special revenue fund (301):
51 a. Hazardous bulk storage account (F7).
52 b. Utility environmental regulation account (H4).
53 c. Low level radioactive waste siting account (K5).
54 d. Recreation account (K6).
55 e. Conservationist magazine account (S4).
56 f. Environmental regulatory account (S5).
S. 6056 86 A. 9556
1 g. Mined land reclamation program account (XB).
2 15. Environmental protection and oil spill compensation fund (303).
3 16. Hazardous waste remedial fund (312):
4 a. Site investigation and construction account (01).
5 b. Hazardous waste clean up account.
6 17. Mass transportation operating assistance fund (313):
7 a. Public transportation systems account (01).
8 b. Metropolitan mass transportation (02).
9 18. Clean air fund (314):
10 a. Operating permit program account (01).
11 b. Mobile source account (02).
12 19. Centralized services account (323).
13 20. Family benefit fund (329).
14 21. Agency enterprise fund (331):
15 a. OGS convention center account (55).
16 22. Agencies internal service fund (334):
17 a. Transportation print shop account (01).
18 b. Archives records management account (02).
19 c. Federal single audit account (05).
20 d. Quick copy center account (07).
21 e. Civil service law: sec 11 admin account (09).
22 f. Civil service EHS occupational health program account (10).
23 g. Banking services account (12).
24 h. Cultural resources survey account (14).
25 i. Neighborhood work project (17).
26 j. Automation & printing chargeback account (18).
27 k. OFT NYT account (20).
28 l. Entrepreneur technology (21).
29 m. Data center account (23).
30 n. Human service telecom account (24).
31 o. NEXTSTEP account (25).
32 p. OMRDD copy center account (26).
33 23. Miscellaneous special revenue fund (339):
34 a. Statewide planning and research cooperative system account (03).
35 b. OMRDD provider of service account (05).
36 c. New York state thruway authority account (08).
37 d. Financial control board account (15).
38 e. Regulation of racing account (16).
39 f. New York metropolitan transportation council account (17).
40 g. Quality of care account (20).
41 h. Certificate of need account (26).
42 i. Hospital and nursing home management account (44).
43 j. State university dormitory income reimbursable account (47).
44 k. Energy research account (60).
45 l. Criminal justice improvement account (62).
46 m. Environmental laboratory reference fee account (81).
47 n. Clinical laboratory reference system assessment account (90).
48 o. Public employment relations board account (93).
49 p. Radiological health protection account (95).
50 q. Teacher certification account (A4).
51 r. Banking department account (A5).
52 s. Cable television account (A6).
53 t. Hospital based grants program account (AF).
54 u. Indirect cost recovery account (AH).
55 v. High school equivalency program account (AI).
56 w. DOH administration account (AP).
S. 6056 87 A. 9556
1 x. Rail safety inspection account (AQ).
2 y. Administrative reimbursement account (AR).
3 z. Child support incentive revenue account (AX).
4 aa. Multi-agency training account (AY).
5 bb. Insurance department account (B6).
6 cc. Industry and utility service account (BK).
7 dd. Real property disposition account (BP).
8 ee. Parking account (BQ).
9 ff. Asbestos safety training program account (BW).
10 gg. Improvement of real property tax administration account (BZ).
11 hh. Public service account (C3).
12 ii. Plant industry account (CZ).
13 jj. Batavia school for the blind account (D9).
14 kk. Financial oversight account (DI).
15 ll. Regulation of indian gaming account (DT).
16 mm. Special conservation activities account (DU).
17 nn. Interest assessment account (DZ).
18 oo. Office of the professions account (E3).
19 pp. Rome school for the deaf account (E6).
20 qq. Seized assets account (E8).
21 rr. Administrative adjudication account (E9).
22 ss. Federal salary sharing account (EC).
23 tt. Cultural education account (EN).
24 uu. Examination and miscellaneous revenue account (ER).
25 vv. Transportation regulation account (F1).
26 ww. Consumer protection account (F2).
27 xx. State student financial aid audit account (FA).
28 yy. Local services account (G3).
29 zz. Division of housing and community renewal housing information
30 systems special revenue account (H1).
31 aaa. Housing special revenue account (H2).
32 bbb. Department of motor vehicles compulsory insurance account.
33 ccc. Housing credit agency application fee account (J5).
34 ddd. EPIC premium account (J6).
35 eee. Federal gasoline and diesel fuel excise tax account (L6).
36 fff. Administrative reimbursement account (L7).
37 ggg. Maternal and child HIV services account (LC).
38 hhh. Low income housing credit monitoring fee account (NG).
39 iii. Procurement opportunities newsletter account (P4).
40 jjj. Corporation administration account (P6).
41 kkk. Montrose veteran's home account (Q6).
42 lll. Excelsior capital corporation reimbursement account (R1).
43 mmm. Motor fuel quality account (R4).
44 nnn. Weights and measures account (R5).
45 ooo. Deferred compensation administration account (R7).
46 ppp. Rent revenue other account (RR).
47 qqq. Forge-proof prescriptions account (RX).
48 rrr. Batavia medicaid income account (S1).
49 sss. Rent revenue account (S8).
50 ttt. Solid waste management account (W3).
51 uuu. Occupational health clinics account (W4).
52 vvv. Vital records management account (JA).
53 www. Tenured teacher hearing account.
54 24. State university income fund (345):
55 a. State university general income offset account (11).
56 25. State police and motor vehicle law enforcement fund (354):
S. 6056 88 A. 9556
1 a. State police motor vehicle law enforcement account (02).
2 26. Youth facilities improvement fund (357):
3 a. Youth facilities improvement account (01).
4 27. Highway safety program fund (362):
5 a. Highway safety program account (01).
6 28. Drinking water program management and administration fund (366):
7 a. EFC drinking water program account (01).
8 b. DOH drinking water program account (02).
9 29. New York city county clerks offset fund (368):
10 a. NYCCC operating offset account (01).
11 30. Housing assistance fund (374).
12 31. Housing program fund (376).
13 32. Department of transportation - engineering services fund (380):
14 a. Highway facility purpose account (01).
15 33. Miscellaneous capital projects fund (387):
16 a. Clean air capital account (08).
17 34. Mental hygiene facilities capital improvement fund (389).
18 35. Joint labor/management administration fund (394):
19 a. Joint labor/management administration fund (01).
20 36. Audit and control revolving fund (395):
21 a. Executive direction internal audit account (04).
22 37. Health insurance internal service fund (396):
23 a. Health insurance internal service account (00).
24 b. Civil service employee benefits div admin (01).
25 38. Correctional industries revolving fund (397).
26 39. Correctional facilities capital improvement fund (399).
27 40. Federal unemployment insurance administration fund (480):
28 a. UI administration (01).
29 41. Federal unemployment insurance occupational training fund (484):
30 a. Disaster relief grants (01).
31 b. OTA-WTC fund (WT).
32 42. Federal DOL grants (JTPA) (486):
33 a. DOL welfare to work (06).
34 b. SUNY SBDC (07).
35 c. DOL workforce investment act (09).
36 d. 5H90B - world trade (WT).
37 § 2. Section 97-rrr of the state finance law, as added by section 7-a
38 of part A of chapter 56 of the laws of 1998, is amended by adding a new
39 subdivision 5 to read as follows:
40 5. Notwithstanding the provisions of section one hundred seventy-one-a
41 of the tax law, as separately amended by chapters four hundred eighty-
42 one and four hundred eighty-four of the laws of nineteen hundred eight-
43 y-one, or any other provisions of law to the contrary, during each
44 fiscal year, the state comptroller is hereby authorized and directed to
45 deposit into the school tax relief fund created pursuant to this
46 section, from amounts collected pursuant to article twenty-two of the
47 tax law, the amounts necessary to meet the purposes of such fund for
48 each fiscal year pursuant to a schedule submitted by the director of the
49 budget.
50 § 3. The comptroller is authorized and directed to deposit to the
51 general fund - state purposes account reimbursements from moneys appro-
52 priated or reappropriated to the correctional facilities capital
53 improvement fund (399) by a chapter of the laws of 2004. Reimbursements
54 shall be available for spending from appropriations made to the depart-
55 ment of correctional services in the general fund - state purposes
56 account by a chapter of the laws of 2004 for costs associated with the
S. 6056 89 A. 9556
1 administration and security of capital projects and for other costs
2 which are attributable, according to a plan, to such capital projects.
3 § 4. Notwithstanding any law to the contrary, and in accordance with
4 section 4 of the state finance law, the comptroller, after consultation
5 with the state university chancellor or his or her designee, is hereby
6 authorized and directed to transfer moneys, in the first instance, from
7 the state university collection fund (344), Stony Brook hospital
8 collection account (07), Brooklyn hospital collection account (08), and
9 Syracuse hospital collection account (09) to the state university income
10 fund (345), state university hospitals income reimbursable account (22)
11 in the event insufficient funds are available in the state university
12 income fund (345), state university hospitals income reimbursable
13 account (22) to transfer moneys, in amounts sufficient to permit the
14 full transfer of moneys authorized for transfer, to the general debt
15 service fund (311) for payment of debt service related to the SUNY
16 hospitals. Notwithstanding any law to the contrary, the comptroller is
17 also hereby authorized and directed, after consultation with the state
18 university chancellor or his or her designee, to transfer moneys from
19 the state university income fund (345) to the state university income
20 fund (345), state university hospitals income reimbursable account (22)
21 in the event insufficient funds are available in the state university
22 income fund (345), state university hospitals income reimbursable
23 account (22) to pay hospital operating costs or to transfer moneys, in
24 amounts sufficient to permit the full transfer of moneys authorized for
25 transfer, to the general debt service fund (311) for payment of debt
26 service related to the SUNY hospitals.
27 § 5. The second undesignated paragraph of subdivision 1 of section
28 98-a of the state finance law, as separately amended by chapter 705 of
29 the laws of 1993 and chapter 83 of the laws of 1995, is amended to read
30 as follows:
31 Notwithstanding the provisions of paragraph (b) of this subdivision,
32 the comptroller in consultation with the director of the budget shall
33 credit or charge interest to fund/accounts which are authorized to
34 receive temporary loans if so requested by the state department or divi-
35 sion responsible for such fund/account within thirty days of the begin-
36 ning of each fiscal year or thirty days following the final approval of
37 any bill containing language authorizing such temporary loans, whichever
38 is later, and interest must be credited or charged from the first day of
39 such fiscal year. Within ten days of the beginning of each month, the
40 comptroller shall credit or charge interest to such funds/accounts based
41 upon the average daily balance of the preceding month of such
42 funds/accounts and shall provide notification to the director of the
43 budget and the chairs of the senate finance and assembly ways and means
44 committees of such funds/accounts to be credited or charged interest.
45 § 6. Subdivision 5 of section 4 of the state finance law, as amended
46 by chapter 260 of the laws of 1993, is amended to read as follows:
47 5. No money or other financial resources shall be transferred or
48 temporarily loaned from one fund to another without specific statutory
49 authorization for such transfer or temporary loan, except that [the]
50 money or other financial resources of a fund may be temporarily loaned
51 to another fund only if such loan shall be repaid in full prior to the
52 end of each month during which such loan is outstanding, so that an
53 accurate accounting and reporting of the balance of financial resources
54 in each fund at the end of each month may be made. The comptroller is
55 hereby authorized to temporarily loan money from the general fund or any
56 other fund to the fund/accounts that are authorized to receive a loan.
S. 6056 90 A. 9556
1 Such loans shall be limited to the amounts immediately required to meet
2 disbursements, made in pursuance of an appropriation by law and author-
3 ized by a certificate of approval issued by the director of the budget
4 with copies thereof filed with the comptroller and the chair of the
5 senate finance committee and the chair of the assembly ways and means
6 committee. The director of the budget shall not issue such a certificate
7 unless he or she shall have determined that the amounts to be so loaned
8 are receivable on account. When making loans, the comptroller shall
9 establish appropriate accounts and if the loan is not repaid by the end
10 of the month, provide on or before the fifteenth day of the following
11 month to the director of the budget, the chair of the senate finance
12 committee and the chair of the assembly ways and means committee, an
13 accurate accounting and report of the financial resources of each such
14 fund at the end of such month. Within ten days of the receipt of such
15 accounting and reporting, the director of the budget shall provide the
16 chair of the senate finance committee and the chair of the assembly ways
17 and means committee with an expected schedule of repayment by fund and
18 by source for each outstanding loan. Repayment shall be made by the
19 comptroller from the first cash receipt of this fund.
20 § 7. Subdivision 6 of section 4 of the state finance law, as amended
21 by section 10 of part K of chapter 81 of the laws of 2002, is amended to
22 read as follows:
23 6. Notwithstanding any law to the contrary, at the beginning of the
24 state fiscal year, the state comptroller is hereby authorized and
25 directed to receive for deposit to the credit of a fund and/or an
26 account such monies as are identified by the director of the budget as
27 having been intended for such deposit to support disbursements from such
28 fund and/or account made in pursuance of an appropriation by law. As
29 soon as practicable upon enactment of the budget, the director of the
30 budget shall, but not less than three days following preliminary
31 submission to the chairs of the senate finance committee and the assem-
32 bly ways and means committee, file with the state comptroller an iden-
33 tification of specific monies to be so deposited. Any subsequent change
34 regarding the monies to be so deposited shall be filed by the director
35 of the budget, as soon as practicable, but not less than three days
36 following preliminary submission to the chairs of the senate finance
37 committee and the assembly ways and means committee.
38 All monies identified by the director of the budget to be deposited to
39 the credit of a fund and/or account shall be consistent with the intent
40 of the budget for the then current state fiscal year as enacted by the
41 legislature.
42 [The provisions of this subdivision shall expire on March thirty-
43 first, two thousand four.]
44 § 8. Subdivision 4 of section 40 of the state finance law, as amended
45 by section 11 of part K of chapter 81 of the laws of 2002, is amended to
46 read as follows:
47 4. Every appropriation made from a fund or account to a department or
48 agency shall be available for the payment of prior years' liabilities in
49 such fund or account for fringe benefits, indirect costs, and telecommu-
50 nications expenses and expenses for other centralized services fund
51 programs without limit. Every appropriation shall also be available for
52 the payment of prior years' liabilities other than those indicated above
53 but only to the extent of one-half of one percent of the total amount
54 appropriated to a department or agency in such fund or account.
55 [The provisions of this subdivision shall expire March thirty-first,
56 two thousand four.]
S. 6056 91 A. 9556
1 § 9. Section 97-n of the state finance law is REPEALED.
2 § 10. Section 94-c of the state finance law is REPEALED.
3 § 11. Section 97-fff of the state finance law, as added by chapter 432
4 of the laws of 1997, is REPEALED.
5 § 12. (1) Pursuant to various chapters of the laws of 2004 making
6 appropriations for capital projects, such appropriations shall be deemed
7 to provide all costs necessary and pertinent to accomplish the intent of
8 the appropriation, including apportionments to departments, agencies, or
9 corporations for the purposes of the specific appropriation or for
10 payment to the construction management account of the centralized
11 services fund of the New York state office of general services for the
12 preparation and review of plans, specifications, estimates, services,
13 construction management and supervision, inspection, studies,
14 appraisals, surveys, testing, and environmental statements relating to
15 existing or proposed facilities.
16 Appropriations from the capital projects fund, the city university of
17 New York capital projects fund, the mental hygiene capital improvement
18 fund, the department of health facilities capital improvement fund, the
19 correctional facilities capital improvement fund, the youth facilities
20 improvement fund, the housing assistance fund, the housing program fund,
21 the engineering services fund, the dedicated highway and bridge trust
22 fund, the suburban transportation fund, the state park infrastructure
23 fund, the passenger facility charge fund, the state university residence
24 hall rehabilitation fund, the state university capital projects fund,
25 the New York state canal system development fund, the financial security
26 fund, the natural resources damages fund, the federal capital projects
27 fund, the regional aviation fund, and the hazardous waste remedial fund
28 are appropriated in accordance with the provisions of section 93 of the
29 state finance law. Moneys appropriated from each such fund type for
30 CCP's, for agency purposes within CCP's, and for projects sharing the
31 same agency purpose within a CCP may be transferred among projects with-
32 in a CCP in accordance with paragraphs (a) through (g) of subdivision 4
33 of section 93 of the state finance law and may be transferred among
34 purposes within a CCP subject to the limitations of paragraph (e) of
35 subdivision 4 of section 93 of the state finance law.
36 Notwithstanding the provisions of any general or special law, the
37 provisions of paragraphs (a) through (g) of subdivision 4 of section 93
38 of the state finance law which relate to the transfer of a portion of a
39 capital appropriation to another capital appropriation shall be applica-
40 ble to appropriations from each fund.
41 (2) The following funds are eligible to be reimbursed from miscella-
42 neous receipts or the proceeds of notes or bonds sold by public authori-
43 ties, as specified in this subdivision:
44 (a) the health facilities capital improvement fund, from the proceeds
45 of the sale of notes or bonds issued by the New York state dormitory
46 authority or any other public authority;
47 (b) the dedicated highway and bridge trust fund, from miscellaneous
48 receipts or the proceeds of the sale of notes or bonds issued by the New
49 York state thruway authority or any other public authority;
50 (c) the youth facilities improvement fund and the correctional facili-
51 ties capital improvement fund, from the proceeds of the sale of notes or
52 bonds issued by the New York state urban development corporation or any
53 other public authority;
54 (d) the housing assistance fund and the housing program fund, from the
55 proceeds of the sale of notes or bonds issued by the housing finance
56 agency or any other public authority;
S. 6056 92 A. 9556
1 (e) the mental hygiene capital facilities improvement fund, from
2 miscellaneous receipts or the proceeds of the sale of notes or bonds
3 issued by the New York state dormitory authority as successor to the
4 medical care facilities financing agency pursuant to chapter 83 of the
5 laws of 1995 or the proceeds of the sale of notes or bonds issued by any
6 other public authority;
7 (f) the environmental protection fund, from miscellaneous receipts or
8 the proceeds of the sale of notes or bonds issued by the New York state
9 environmental facilities corporation or any other public authority. The
10 comptroller shall receive such reimbursements for deposit in the funds
11 so specified; and
12 (g) the hazardous waste remedial fund, from miscellaneous receipts or
13 the proceeds of the sale of notes or bonds issued by the New York state
14 environmental facilities corporation or any other public authority.
15 (3) The comptroller is hereby authorized and directed to deposit
16 moneys received, as specified below:
17 (a) the engineering services fund shall receive reimbursements from
18 various capital appropriations;
19 (b) the financial security fund shall receive moneys recovered in
20 accordance with various required financial security arrangements for
21 environmental projects;
22 (c) the natural resources damages fund shall receive moneys recovered
23 from successful natural resource damage claims and related settlements;
24 and
25 (d) the regional aviation fund shall receive moneys from the lease of
26 Stewart Airport, including any payments due to the state from related
27 settlements or agreements.
28 (4) The comptroller shall certify monthly, to the director of the
29 budget and the chairs of the senate finance and assembly ways and means
30 committees, the total disbursements from the correctional facilities
31 capital improvement fund (399), the department of health facilities
32 capital improvement fund (071), the housing assistance fund (374), the
33 youth facilities improvement fund (357), the housing program fund (376),
34 and the mental hygiene capital improvement fund (389), the total
35 reimbursements to such funds from bond proceeds, and the amount of
36 disbursements from such funds remaining to be financed with bond
37 proceeds. Once a year, as soon as practicable after March 31, the comp-
38 troller shall certify, to the director of the budget and the chairs of
39 the senate finance and assembly ways and means committees, for the
40 fiscal year just ended, total disbursements from the correctional facil-
41 ities capital improvement fund, the department of health facilities
42 capital improvement fund, the youth facilities improvement fund, the
43 housing assistance fund, the housing program fund, and the mental
44 hygiene capital improvement fund any amounts transferred from the capi-
45 tal projects fund to such funds for nonbondable disbursements, the total
46 reimbursements to such funds from bond proceeds, and the amount of
47 disbursements from such funds remaining to be financed with bond
48 proceeds.
49 (5) The dormitory authority of the state of New York and the depart-
50 ment of health shall report quarterly to the director of the budget the
51 amounts expended from appropriations in the capital projects fund which
52 are eligible for reimbursement from the proceeds of the bonds. The hous-
53 ing finance agency, in conjunction with the affordable housing corpo-
54 ration, the homeless housing assistance corporation and the commissioner
55 of the office of temporary and disability assistance, and the housing
56 trust fund corporation shall report quarterly to the director of the
S. 6056 93 A. 9556
1 budget on the amounts disbursed from appropriations in the housing
2 program fund and the housing assistance fund which are eligible for
3 repayment from the proceeds of the bonds. The dormitory authority of the
4 state of New York, as successor to the facilities development corpo-
5 ration pursuant to chapter 83 of the laws of 1995, and the office of
6 mental health, the office of mental retardation and developmental disa-
7 bilities, and the office of alcoholism and substance abuse services
8 shall report quarterly to the director of the budget on the amounts
9 disbursed from appropriations in the mental hygiene capital improvement
10 fund which are eligible for reimbursement from the proceeds of the
11 bonds. Such reports shall be submitted to the director of the budget no
12 later than July 30, October 31, January 30, and April 30 of each state
13 fiscal year. The director of the budget shall review these reports and
14 then certify to the comptroller amounts expended from these appropri-
15 ations which are reimbursable from bond proceeds. Until such time as the
16 director of the budget determines that the amounts disbursed from such
17 funds are not reimbursable from bond proceeds, all such disbursements
18 shall be considered to be reimbursable from bond proceeds. Upon such
19 certifications for the housing assistance fund, the housing program
20 fund, and the mental hygiene capital improvement fund, the comptroller
21 is hereby authorized to transfer from the capital projects fund, pursu-
22 ant to an appropriation, an amount equal to the amount of disbursements
23 from these appropriations which have not been certified as repayable
24 from bond proceeds.
25 § 13. Notwithstanding any other law, rule, or regulation to the
26 contrary, the comptroller is hereby authorized and directed to deposit,
27 to the credit of the capital projects fund, reimbursement from the
28 proceeds of notes and bonds issued by the environmental facilities
29 corporation or any other public authority for a capital appropriation
30 for $22,404,000 authorized by chapter 55 of the laws of 1999 to the
31 department of environmental conservation for payment of a portion of the
32 state's match for federal capitalization grants for the water pollution
33 control revolving loan fund, reimbursements for spending from various
34 appropriations for projects related to the New York City Watershed,
35 reimbursement from the proceeds of notes and bonds issued by the envi-
36 ronmental facilities corporation or any other public authority for a
37 capital appropriation for $22,500,000 authorized by chapter 55 of the
38 laws of 1999 to the environmental facilities corporation for payment for
39 the jobs two thousand pipeline for jobs program, reimbursement from the
40 proceeds of notes and bonds issued by the dormitory authority or any
41 other public authority of the state of New York for a capital appropri-
42 ation for $47,500,000 authorized by chapter 55 of the laws of 1999 to
43 the office of science, technology and academic research for payment for
44 the jobs two thousand capital facilities program, reimbursement from the
45 proceeds of notes and bonds issued by the dormitory authority or any
46 other public authority of the state of New York for a capital appropri-
47 ation for $145,000,000 authorized by chapter 53 of the laws of 1999 to
48 the state education department for payment of capital construction
49 grants to school districts pursuant to the rebuilding schools to uphold
50 education program, and reimbursement from the proceeds of notes and
51 bonds issued by the urban development corporation or any other public
52 authority for a capital appropriation for $25,000,000 authorized by
53 chapter 55 of the laws of 1999 to all state agencies for payment of
54 costs related to economic development, land acquisition, and heritage
55 trail projects.
S. 6056 94 A. 9556
1 § 14. Notwithstanding any other law, rule, or regulation to the
2 contrary, the comptroller is hereby authorized and directed to deposit,
3 to the credit of the capital projects fund, reimbursement from the
4 proceeds of notes or bonds issued by the environmental facilities corpo-
5 ration or any other public authority for a capital appropriation for
6 $43,383,000 authorized by chapter 55 of the laws of 2000 to the depart-
7 ment of environmental conservation for payment of a portion of the
8 state's match for federal capitalization grants for the water pollution
9 control revolving loan fund, to reimburse spending from various appro-
10 priations for certain projects related to the New York City Watershed,
11 reimbursement from the proceeds of notes and bonds issued by the urban
12 development corporation or any other public authority for capital appro-
13 priation for $15,000,000 authorized by chapter 55 of the laws of 2000 to
14 the urban development corporation for payment of costs related to a
15 sports facility in the city of Rochester, reimbursement from the
16 proceeds of notes and bonds issued by the urban development corporation
17 of the state of New York for a capital appropriation for $50,000,000
18 authorized by chapter 55 of the laws of 2000 to the urban development
19 corporation for payment of costs related to economic development
20 projects in the downtown Buffalo, the Buffalo inner harbor area, or
21 surrounding environs, reimbursement from proceeds of notes and bonds
22 issued by the urban development corporation, the environmental facili-
23 ties corporation, the dormitory authority, or any other public authority
24 of the state of New York for a capital appropriation for $225,000,000
25 authorized by chapter 55 of the laws of 2000 to all state agencies for
26 payment of costs related to the strategic investment program, reimburse-
27 ment from the proceeds of notes and bonds issued by the dormitory
28 authority or any other public authority of the state of New York for a
29 capital appropriation for $50,000,000 authorized by chapter 53 of the
30 laws of 2000 to the state education department for payment of capital
31 construction grants to school districts pursuant to the rebuilding
32 schools to uphold education program, for reimbursement from the proceeds
33 of notes and bonds issued by the dormitory authority or any other public
34 authority of the state of New York for a capital appropriation for
35 $15,000,000 authorized by chapter 53 of the laws of 2000 to the office
36 of children and family services for payment of costs related to the
37 child care facilities development program, and for reimbursement from
38 the proceeds of notes and bonds issued by the dormitory authority or any
39 other public authority of the state of New York for a capital appropri-
40 ation for $10,000,000 authorized by chapter 55 of the laws of 2000 to
41 the office of science, technology and academic research for payment of
42 costs related to biomedical research and/or manufacturing facilities.
43 § 15. Notwithstanding any other law, rule, or regulation to the
44 contrary, the comptroller is hereby authorized and directed to deposit
45 to the credit of the capital projects fund, reimbursement from the
46 proceeds of notes or bonds issued by the environmental facilities corpo-
47 ration or any other public authority for a capital appropriation for
48 $29,772,000 authorized by chapter 54 of the laws of 2001 to the depart-
49 ment of environmental conservation for payment of a portion of the
50 state's match for federal capitalization grants for the water pollution
51 control revolving loan fund.
52 § 16. Notwithstanding any other law, rule, or regulation to the
53 contrary, the comptroller is hereby authorized and directed to deposit,
54 to the credit of the capital projects fund, reimbursement from the
55 proceeds of notes or bonds issued by the environmental facilities corpo-
56 ration or any other public authority for a capital appropriation for
S. 6056 95 A. 9556
1 $29,365,000 authorized by chapter 54 of the laws of 2002 to the depart-
2 ment of environmental conservation for payment of a portion of the
3 state's match for federal capitalization grants for the water pollution
4 control revolving loan fund, reimbursement from the proceeds of notes
5 and bonds issued by the urban development corporation or any other
6 public authority or other financing source for a capital appropriation
7 for $89,000,000 authorized by chapter 50 of the laws of 2002 to the
8 office of general services for payment of capital construction costs for
9 the Alfred E. Smith office building located in the city of Albany,
10 reimbursement from the proceeds of notes and bonds issued by the urban
11 development corporation or any other public authority or other financing
12 source for capital appropriations for $1,500,000 authorized by chapter
13 50 of the laws of 2002 to the office of general services for payment of
14 capital construction costs for the Elk street parking garage building
15 located in the city of Albany, reimbursement from the proceeds of notes
16 or bonds issued by the urban development corporation or any other public
17 authority for disbursements of up to $12,000,000 from any capital appro-
18 priation or reappropriation authorized by chapter 50 of the laws of 2002
19 to the office of general services for various purposes, reimbursement
20 from the proceeds of notes or bonds issued by the environmental facili-
21 ties corporation or any other public authority for a capital appropri-
22 ation of $13,250,000 authorized by chapter 55 of the laws of 2002 to the
23 energy research and development authority for the Western New York
24 Nuclear Service Center at West Valley, reimbursement from the proceeds
25 of notes or bonds issued by the urban development corporation or any
26 other public authority for a capital appropriation of $14,300,000
27 authorized by chapter 55 of the laws of 2002 to the urban development
28 corporation to finance a portion of the jobs now program, reimbursement
29 from the proceeds of notes or bonds issued by the dormitory authority or
30 any other public authority for disbursements of up to $20,800,000 from
31 any capital appropriation or reappropriation authorized by chapter 51 of
32 the laws of 2002 to the judiciary for courthouse improvements,
33 reimbursement from the proceeds of notes or bonds issued by the urban
34 development corporation or any other public authority for disbursements
35 of up to $15,000,000 from appropriations or reappropriations authorized
36 by chapter 50 of the laws of 2002 to any agency for costs related to
37 homeland security, and reimbursement from the proceeds of notes or bonds
38 issued by the environmental facilities corporation or any other public
39 authority for a capital appropriation of $10,000,000 authorized by chap-
40 ter 54 of the laws of 2002 to the department of environmental conserva-
41 tion for Onondaga Lake.
42 § 17. Notwithstanding any other law, rule, or regulation to the
43 contrary, the comptroller is hereby authorized and directed to deposit
44 to the credit of the capital projects fund, reimbursement from the
45 proceeds of notes or bonds issued by the environmental facilities corpo-
46 ration or any other public authority for a capital appropriation for
47 $30,174,000 authorized by chapter 55 of the laws of 2003 to the depart-
48 ment of environmental conservation for payment of a portion of the
49 state's match for federal capitalization grants for the water pollution
50 control revolving loan fund, reimbursement from the proceeds of notes or
51 bonds issued by the urban development corporation or any other public
52 authority or other financing source for a capital appropriation of
53 $19,500,000 authorized by chapter 50 of the laws of 2003 to the office
54 of general services for payment of capital construction costs for the
55 Elk street parking garage building located in the city of Albany,
56 reimbursement from the proceeds of notes or bonds issued by the urban
S. 6056 96 A. 9556
1 development corporation or any other public authority for disbursements
2 of up to $10,000,000 from any capital appropriation or reappropriation
3 authorized by chapter 50 of the laws of 2003 to the office of general
4 services for various purposes, reimbursement from the proceeds of notes
5 or bonds issued by the environmental facilities corporation or any other
6 public authority for a capital appropriation of $13,250,000 authorized
7 by chapter 55 of the laws of 2003 to the energy research and development
8 authority for the Western New York Nuclear Service Center at West
9 Valley, reimbursement from the proceeds of notes or bonds issued by the
10 dormitory authority or any other public authority for disbursements of
11 up to $16,400,000 from any capital appropriation or reappropriation
12 authorized by chapter 51 of the laws of 2003 to the judiciary for court-
13 house improvements, reimbursement from the proceeds of notes or bonds
14 issued by the urban development corporation or any other public authori-
15 ty for disbursements of up to $10,000,000 from appropriations or reap-
16 propriations authorized by chapter 50 of the laws of 2003 to any agency
17 for costs related to homeland security, reimbursement from the proceeds
18 of notes or bonds issued by the environmental facilities corporation or
19 any other public authority for a capital appropriation of $10,000,000
20 authorized by chapter 55 of the laws of 2003 to the department of envi-
21 ronmental conservation for Onondaga Lake, reimbursement from the
22 proceeds of notes or bonds issued by the environmental facilities corpo-
23 ration or any other public authority for disbursements of up to
24 $11,000,000 from any capital appropriations or reappropriations author-
25 ized by chapter 55 of the laws of 2003 to the department of environ-
26 mental conservation for environmental purposes, and reimbursement from
27 the proceeds of notes or bonds issued by the dormitory authority or any
28 other public authority for disbursements of up to $100,000,000 from a
29 capital appropriation authorized by chapter 50 of the laws of 2003 to
30 the department of state for enhanced 911 wireless service.
31 § 18. Notwithstanding any other law, rule, or regulation to the
32 contrary, the comptroller is hereby authorized and directed to deposit
33 to the credit of the capital projects fund, reimbursement from the
34 proceeds of notes or bonds issued by the environmental facilities corpo-
35 ration or any other public authority for a capital appropriation for
36 $28,893,000 authorized by a chapter of the laws of 2004 to the depart-
37 ment of environmental conservation for payment of a portion of the
38 state's match for federal capitalization grants for the water pollution
39 control revolving loan fund, reimbursement from the proceeds of notes or
40 bonds issued by reimbursement from the proceeds of notes or bonds issued
41 by the urban development corporation or any other public authority for
42 disbursements of up to $10,000,000 from any capital appropriation or
43 reappropriation authorized by a chapter of the laws of 2004 to the
44 office of general services for various purposes, reimbursement from the
45 proceeds of notes or bonds issued by the environmental facilities corpo-
46 ration or any other public authority for a capital appropriation of
47 $11,350,000 authorized by a chapter of the laws of 2004 to the energy
48 research and development authority for the Western New York Nuclear
49 Service Center at West Valley, reimbursement from the proceeds of notes
50 or bonds issued by the environmental facilities corporation or any other
51 public authority for a capital appropriation of $10,000,000 authorized
52 by a chapter of the laws of 2004 to the department of environmental
53 conservation for Onondaga Lake, reimbursement from the proceeds of notes
54 or bonds issued by the environmental facilities corporation or any other
55 public authority for disbursements of up to $11,000,000 from any capital
56 appropriations or reappropriations authorized by a chapter of the laws
S. 6056 97 A. 9556
1 of 2004 to the department of environmental conservation for environ-
2 mental purposes, reimbursement from the proceeds of notes or bonds
3 issued by the dormitory authority or any other public authority for a
4 capital appropriation of $350,000,000 authorized by a chapter of the
5 laws of 2004 to all state departments and agencies for the higher educa-
6 tion facilities capital matching grants program, reimbursement from the
7 proceeds of notes or bonds issued by the dormitory authority or any
8 other public authority for a capital appropriation of $80,000,000
9 authorized by a chapter of the laws of 2004 to the education department
10 for capital transition grants for transportation and reimbursement from
11 the proceeds of notes or bonds issued by the urban development corpo-
12 ration or any other public authority for a capital appropriation of
13 $250,000,000 authorized by a chapter of the laws of 2004 to the urban
14 development corporation for payment of costs related to priority high
15 technology and economic development projects.
16 § 19. Notwithstanding any other law, rule, or regulation to the
17 contrary, the state comptroller is hereby authorized and directed to use
18 any balance remaining in the mental health services fund debt service
19 appropriation, after payment by the state comptroller of all obligations
20 of the facilities development corporation or any successor agency there-
21 of, required pursuant to any lease, sublease, or other financing
22 arrangement between the facilities development corporation, the dormito-
23 ry authority of the state of New York as successor to the New York state
24 medical care facilities financing agency, and the facilities development
25 corporation pursuant to chapter 83 of the laws of 1995 and the depart-
26 ment of mental hygiene for the purpose of making payments to such agency
27 for the amount of the earnings for the investment of monies deposited in
28 the mental health services fund that such agency determines will or may
29 have to be rebated to the federal government pursuant to the provisions
30 of the internal revenue code of 1986, as amended, in order to enable
31 such agency to maintain the exemption from federal income taxation on
32 the interest paid to the holders of such agency's mental services facil-
33 ities improvement revenue bonds. On or before June 30, 2005, such agency
34 shall certify to the state comptroller its determination of the amounts
35 received in the mental health services fund as a result of the invest-
36 ment of monies deposited therein that will or may have to be rebated to
37 the federal government pursuant to the provisions of the internal reven-
38 ue code of 1986, as amended.
39 § 20. (1) Notwithstanding any other law, rule, or regulation to the
40 contrary, the state comptroller shall at the commencement of each month
41 certify to the director of the budget, the commissioner of environmental
42 conservation, the chair of the senate finance committee, and the chair
43 of the assembly ways and means committee the amounts disbursed from all
44 appropriations for hazardous waste site remediation disbursements for
45 the month preceding such certification.
46 (2) Notwithstanding any law to the contrary, prior to the issuance by
47 the comptroller of bonds authorized pursuant to subdivision a of section
48 4 of the environmental quality bond act of nineteen hundred eighty-six,
49 as enacted by chapter 511 of the laws of 1986, disbursements from all
50 appropriations for that purpose shall first be reimbursed from moneys
51 credited to the hazardous waste remedial fund, site investigation and
52 construction account, to the extent moneys are available in such
53 account. For purposes of determining moneys available in such account,
54 the commissioner of environmental conservation shall certify to the
55 comptroller the amounts required for administration of the hazardous
56 waste remedial program.
S. 6056 98 A. 9556
1 (3) The comptroller is hereby authorized and directed to transfer any
2 balance above the amounts certified by the commissioner of environmental
3 conservation to reimburse disbursements pursuant to all appropriations
4 from such site investigation and construction account; provided, howev-
5 er, that if such transfers are determined by the comptroller to be
6 insufficient to assure that interest paid to holders of state obli-
7 gations issued for hazardous waste purposes pursuant to the environ-
8 mental quality bond act of nineteen hundred eighty-six, as enacted by
9 chapter 511 of the laws of 1986, is exempt from federal income taxation,
10 the comptroller is hereby authorized and directed to transfer, from such
11 site investigation and construction account to the general fund, the
12 amount necessary to redeem bonds in an amount necessary to assure the
13 continuation of such tax exempt status. Prior to the making of any such
14 transfers, the comptroller shall notify the director of the budget of
15 the amount of such transfers.
16 § 21. Subdivision 4 of section 66-b of the state finance law, as
17 amended by section 16 of part P2 of chapter 62 of the laws of 2003, is
18 amended to read as follows:
19 4. [The] Notwithstanding any other provisions of law to the contrary,
20 the maximum amount of certificates of participation or similar instru-
21 ments representing periodic payments due from the state of New York,
22 issued on behalf of state departments and agencies, the city university
23 of New York and any other state entity otherwise specified after March
24 thirty-first, two thousand three shall be [seventy] two hundred thirty-
25 three million dollars. Such amount shall be exclusive of certificates of
26 participation or similar instruments issued to fund a reserve fund or
27 funds, costs of issuance and to refund outstanding certificates of
28 participation.
29 § 22. Paragraph (a) of subdivision 2 of section 47-e of the private
30 housing finance law, as amended by section 18 of part P2 of chapter 62
31 of the laws of 2003, is amended to read as follows:
32 (a) Subject to the provisions of chapter fifty-nine of the laws of two
33 thousand, in order to enhance and encourage the promotion of housing
34 programs and thereby achieve the stated purposes and objectives of such
35 housing programs, the agency shall have the power and is hereby author-
36 ized from time to time to issue negotiable housing program bonds and
37 notes in such principal amount as shall be necessary to provide suffi-
38 cient funds for the repayment of amounts disbursed (and not previously
39 reimbursed) pursuant to a chapter of the laws of two thousand [three]
40 four or any prior year making capital appropriations or reappropriations
41 for the purposes of the housing program; provided, however, that the
42 agency may issue such bonds and notes in an aggregate principal amount
43 not exceeding one billion [five] six hundred twenty-six million dollars,
44 plus a principal amount of bonds issued to fund the debt service reserve
45 fund in accordance with the debt service reserve fund requirement estab-
46 lished by the agency and to fund any other reserves that the agency
47 reasonably deems necessary for the security or marketability of such
48 bonds and to provide for the payment of fees and other charges and
49 expenses, including underwriters' discount, trustee and rating agency
50 fees, bond insurance, credit enhancement and liquidity enhancement
51 related to the issuance of such bonds and notes. No reserve fund secur-
52 ing the housing program bonds shall be entitled or eligible to receive
53 state funds apportioned or appropriated to maintain or restore such
54 reserve fund at or to a particular level, except to the extent of any
55 deficiency resulting directly or indirectly from a failure of the state
S. 6056 99 A. 9556
1 to appropriate or pay the agreed amount under any of the contracts
2 provided for in subdivision four of this section.
3 § 23. Paragraph (a) of subdivision 5 of section 47-e of the private
4 housing finance law, as amended by section 19 of part P2 of chapter 62
5 of the laws of 2003, is amended to read as follows:
6 (a) Subject to the provisions of chapter fifty-nine of the laws of two
7 thousand, upon the issuance of housing program bonds or notes, the agen-
8 cy shall apply such amount of the proceeds thereof as shall be desig-
9 nated and specified in the bond or note resolution or resolutions
10 authorizing the issuance of such bonds or notes to the specific funds
11 and/or accounts of one or more housing programs. The bond resolution or
12 resolutions authorizing the issuance of such bonds or notes shall only
13 allocate net proceeds of bonds or notes to a particular fund or account
14 of a housing program if the legislature has authorized in a chapter of
15 the laws of two thousand [three] four or any prior year an advance to
16 such fund or account, and the amount of such bond or note proceeds so
17 allocated to such fund or account shall not exceed the total amount so
18 authorized to be advanced. Such proceeds shall be disbursed to such a
19 fund or account in accordance with such allocation only for application
20 to the repayment of advances previously or thereupon made and not previ-
21 ously repaid. Such proceeds may not be transferred from an entity
22 authorized to administer a housing program to the state or a fund of the
23 state, except in repayment of such advances. Except in the case of
24 refunding bonds or notes authorized hereunder, any net proceeds not so
25 allocated or disbursed shall be utilized first to pay debt service on
26 the applicable bonds or notes in the current or the succeeding fiscal
27 year and second to the redemption of such bonds; provided that such
28 application may be adjusted to comply with applicable federal law as to
29 federal tax exemption. For purposes of this paragraph, earnings from the
30 investment of net proceeds shall be treated as net proceeds.
31 § 24. Subdivision 1 of section 16 of part D of chapter 389 of the laws
32 of 1997, relating to the financing of the correctional facilities
33 improvement fund and the youth facility improvement fund, as amended by
34 section 30 of part H of chapter 56 of the laws of 2000, is amended to
35 read as follows:
36 1. [Notwithstanding] Subject to the provisions of chapter 59 of the
37 laws of 2000, but notwithstanding the provisions of section 18 of
38 section 1 of chapter 174 of the laws of 1968, the New York state urban
39 development corporation is hereby authorized to issue bonds, notes and
40 other obligations in an aggregate principal amount not to exceed [four]
41 five billion [five] three hundred [fifty] seventy-six million [six]
42 eight hundred ninety-three thousand dollars [($4,550,693,000)]
43 ($5,376,893,000), and shall include all bonds, notes and other obli-
44 gations issued pursuant to chapter 56 of the laws of 1983, as amended or
45 supplemented. The proceeds of such bonds, notes or other obligations
46 shall be paid to the state, for deposit in the correctional facilities
47 capital improvement fund to pay for all or any portion of the amount or
48 amounts paid by the state from appropriations or reappropriations made
49 to the department of correctional services from the correctional facili-
50 ties capital improvement fund for capital projects. The aggregate amount
51 of bonds, notes or other obligations authorized to be issued pursuant to
52 this section shall exclude bonds, notes or other obligations issued to
53 refund or otherwise repay bonds, notes or other obligations theretofore
54 issued, the proceeds of which were paid to the state for all or a
55 portion of the amounts expended by the state from appropriations or
56 reappropriations made to the department of correctional services;
S. 6056 100 A. 9556
1 provided, however, that upon any such refunding or repayment the total
2 aggregate principal amount of outstanding bonds, notes or other obli-
3 gations may be greater than [four] five billion [five] three hundred
4 [fifty] seventy-six million [six] eight hundred ninety-three thousand
5 dollars [($4,550,693,000)] ($5,376,893,000), only if the present value
6 of the aggregate debt service of the refunding or repayment bonds, notes
7 or other obligations to be issued shall not exceed the present value of
8 the aggregate debt service of the bonds, notes or other obligations so
9 to be refunded or repaid. For the purposes hereof, the present value of
10 the aggregate debt service of the refunding or repayment bonds, notes or
11 other obligations and of the aggregate debt service of the bonds, notes
12 or other obligations so refunded or repaid, shall be calculated by
13 utilizing the effective interest rate of the refunding or repayment
14 bonds, notes or other obligations, which shall be that rate arrived at
15 by doubling the semi-annual interest rate (compounded semi-annually)
16 necessary to discount the debt service payments on the refunding or
17 repayment bonds, notes or other obligations from the payment dates ther-
18 eof to the date of issue of the refunding or repayment bonds, notes or
19 other obligations and to the price bid including estimated accrued
20 interest or proceeds received by the corporation including estimated
21 accrued interest from the sale thereof.
22 § 25. Section 1285-p of the public authorities law, as amended by
23 section 23 of part P2 of chapter 62 of the laws of 2003, is amended to
24 read as follows:
25 § 1285-p. State environmental infrastructure projects. In order to
26 effectuate the purposes of this title, the corporation shall have the
27 following additional special powers:
28 1. Subject to chapter fifty-nine of the laws of two thousand, but
29 notwithstanding any other provisions of law to the contrary, in order to
30 assist the corporation in undertaking the administration and the financ-
31 ing of the design, acquisition, construction, improvement, installation,
32 and related work for all or any portion of any of the following environ-
33 mental infrastructure projects and for the provision of funds to the
34 state for any amounts disbursed therefor: (a) projects authorized under
35 the environmental protection fund, or for which appropriations are made
36 to the environmental protection fund including, but not limited to
37 municipal parks and historic preservation, stewardship, farmland
38 protection, non-point source, pollution control, state parks infrastruc-
39 ture, Hudson River Park, land acquisition, and waterfront revitaliza-
40 tion; (b) department of environmental conservation capital appropri-
41 ations for Onondaga Lake for certain water quality improvement projects
42 in the same manner as set forth in paragraph [d] (d) of subdivision one
43 of section 56-0303 of the environmental conservation law; (c) for the
44 purpose of the administration, management, maintenance, and use of the
45 real property at the western New York nuclear service center; and (d)
46 department of environmental conservation capital appropriations for the
47 administration, design, acquisition, construction, improvement, instal-
48 lation, and related work on department of environmental conservation
49 environmental infrastructure projects; [and (e) office of parks, recre-
50 ation and historic preservation appropriations or reappropriations from
51 the state parks infrastructure fund,] the director of the division of
52 budget and the corporation are each authorized to enter into one or more
53 service contracts, none of which shall exceed twenty years in duration,
54 upon such terms and conditions as the director and the corporation may
55 agree, so as to annually provide to the corporation in the aggregate, a
56 sum not to exceed the annual debt service payments and related expenses
S. 6056 101 A. 9556
1 required for any bonds and notes authorized pursuant to section twelve
2 hundred ninety of this title. Any service contract entered into pursuant
3 to this section shall provide that the obligation of the state to fund
4 or to pay the amounts therein provided for shall not constitute a debt
5 of the state within the meaning of any constitutional or statutory
6 provision and shall be deemed executory only to the extent of moneys
7 available for such purposes, subject to annual appropriation by the
8 legislature. Any such service contract or any payments made or to be
9 made thereunder may be assigned and pledged by the corporation as secu-
10 rity for its bonds and notes, as authorized pursuant to section twelve
11 hundred ninety of this title.
12 2. The comptroller is hereby authorized to receive from the corpo-
13 ration any portion of bond proceeds paid to provide funds for or reim-
14 burse the state for its costs associated with any state environmental
15 infrastructure projects and to credit such amounts to the capital
16 projects fund or any other appropriate fund.
17 3. The maximum amount of bonds that may be issued for the purpose of
18 financing environmental infrastructure projects authorized by this
19 section shall be [two] three hundred [twenty-three] six million dollars,
20 exclusive of bonds issued to fund any debt service reserve funds, pay
21 costs of issuance of such bonds, and bonds or notes issued to refund or
22 otherwise repay bonds or notes previously issued. Such bonds and notes
23 of the corporation shall not be a debt of the state, and the state shall
24 not be liable thereon, nor shall they be payable out of any funds other
25 than those appropriated by the state to the corporation for debt service
26 and related expenses pursuant to any service contracts executed pursuant
27 to subdivision one of this section, and such bonds and notes shall
28 contain on the face thereof a statement to such effect.
29 § 26. Section 48 of part K of chapter 81 of the laws of 2002, relating
30 to providing for the administration of certain funds and accounts
31 related to the 2002-2003 budget, as amended by section 24 of part P2 of
32 chapter 62 of the laws of 2003, is amended to read as follows:
33 § 48. (a) Subject to the provisions of chapter 59 of the laws of 2000,
34 but notwithstanding the provisions of section 18 of the urban develop-
35 ment corporation act, the corporation is hereby authorized to issue
36 bonds or notes in one or more series in an aggregate principal amount
37 not to exceed $25,000,000 excluding bonds issued to fund one or more
38 debt service reserve funds, to pay costs of issuance of such bonds, and
39 bonds or notes issued to refund or otherwise repay such bonds or notes
40 previously issued, for the purpose of financing capital costs related to
41 homeland security for the division of state police, the division of
42 military and naval affairs, and any other state agency, including the
43 reimbursement of any disbursements made from the state capital projects
44 fund, and is hereby authorized to issue bonds or notes in one or more
45 series in an aggregate principal amount not to exceed [$22,000,000]
46 $32,000,000, excluding bonds issued to fund one or more debt service
47 reserve funds, to pay costs of issuance of such bonds, and bonds or
48 notes issued to refund or otherwise repay such bonds or notes previously
49 issued, for the purpose of financing improvements to State office build-
50 ings and other facilities located statewide, including the reimbursement
51 of any disbursements made from the state capital projects fund. Such
52 bonds and notes of the corporation shall not be a debt of the state, and
53 the state shall not be liable thereon, nor shall they be payable out of
54 any funds other than those appropriated by the state to the corporation
55 for debt service and related expenses pursuant to any service contracts
S. 6056 102 A. 9556
1 executed pursuant to subdivision (b) of this section, and such bonds and
2 notes shall contain on the face thereof a statement to such effect.
3 Except for purposes of complying with the internal revenue code, any
4 interest income earned on bond proceeds shall only be used to pay debt
5 service on such bonds.
6 (b) Notwithstanding any provisions of law to the contrary, in order to
7 assist the corporation in undertaking the administration and financing
8 of the project authorized pursuant to subdivision (a) of this section,
9 the director of the budget is hereby authorized to enter into one or
10 more service contracts with the corporation, none of which shall exceed
11 twenty years in duration, upon such terms and conditions as the director
12 of the budget and the corporation agree, so as to annually provide to
13 the corporation, in the aggregate, a sum not to exceed the annual debt
14 service payments and related expenses required for the bonds and notes
15 issued pursuant to this section. Any service contract entered into
16 pursuant to this subdivision shall provide that the obligation of the
17 state to pay the amounts therein provided for shall not constitute a
18 debt of the state within the meaning of any constitutional or statutory
19 provision and shall be deemed executory only to the extent of monies
20 available and that no liability shall be incurred by the state beyond
21 the monies available for such purposes, subject to annual appropriation
22 by the legislature. Any such service contract or any payments made or to
23 be made thereunder may be assigned and pledged by the corporation as
24 security for its bonds and notes, as authorized by this section.
25 § 27. Paragraph (c) of subdivision 14 of section 1680 of the public
26 authorities law, as amended by section 28 of part P2 of chapter 62 of
27 the laws of 2003, is amended to read as follows:
28 (c) (i) Subject to the provisions of chapter fifty-nine of the laws of
29 two thousand, the dormitory authority shall not deliver a series of
30 bonds for city university community college facilities, except to refund
31 or to be substituted for or in lieu of other bonds in relation to city
32 university community college facilities pursuant to a resolution of the
33 dormitory authority adopted before July first, nineteen hundred eighty-
34 five or any resolution supplemental thereto, if the principal amount of
35 bonds so to be issued when added to all principal amounts of bonds
36 previously issued by the dormitory authority for city university commu-
37 nity college facilities, except to refund or to be substituted in lieu
38 of other bonds in relation to city university community college facili-
39 ties will exceed the sum of four hundred twenty-five million dollars and
40 (ii) the dormitory authority shall not deliver a series of bonds issued
41 for city university facilities, including community college facilities,
42 pursuant to a resolution of the dormitory authority adopted on or after
43 July first, nineteen hundred eighty-five, except to refund or to be
44 substituted for or in lieu of other bonds in relation to city university
45 facilities and except for bonds issued pursuant to a resolution supple-
46 mental to a resolution of the dormitory authority adopted prior to July
47 first, nineteen hundred eighty-five, if the principal amount of bonds so
48 to be issued when added to the principal amount of bonds previously
49 issued pursuant to any such resolution, except bonds issued to refund or
50 to be substituted for or in lieu of other bonds in relation to city
51 university facilities, will exceed [three] four billion [four] three
52 hundred [sixty-five] five million dollars. The legislature reserves the
53 right to amend or repeal such limit, and the state of New York, the
54 dormitory authority, the city university, and the fund are prohibited
55 from covenanting or making any other agreements with or for the benefit
56 of bondholders which might in any way affect such right.
S. 6056 103 A. 9556
1 § 28. Paragraph (c) of subdivision 19 of section 1680 of the public
2 authorities law, as amended by section 29 of part P2 of chapter 62 of
3 the laws of 2003, is amended to read as follows:
4 (c) Subject to the provisions of chapter fifty-nine of the laws of two
5 thousand, the dormitory authority shall not issue any bonds for state
6 university educational facilities purposes if the principal amount of
7 bonds to be issued when added to the aggregate principal amount of bonds
8 issued by the dormitory authority on and after July first, nineteen
9 hundred eighty-eight for state university educational facilities will
10 exceed [three] four billion [five] seven hundred [fifty] million
11 dollars; provided, however, that bonds issued or to be issued shall be
12 excluded from such limitation if: (1) such bonds are issued to refund
13 state university construction bonds and state university construction
14 notes previously issued by the housing finance agency; or (2) such bonds
15 are issued to refund bonds of the authority or other obligations issued
16 for state university educational facilities purposes and the present
17 value of the aggregate debt service on the refunding bonds does not
18 exceed the present value of the aggregate debt service on the bonds
19 refunded thereby; provided, further that upon certification by the
20 director of the budget that the issuance of refunding bonds or other
21 obligations issued between April first, nineteen hundred ninety-two and
22 March thirty-first, nineteen hundred ninety-three will generate long
23 term economic benefits to the state, as assessed on a present value
24 basis, such issuance will be deemed to have met the present value test
25 noted above. For purposes of this subdivision, the present value of the
26 aggregate debt service of the refunding bonds and the aggregate debt
27 service of the bonds refunded, shall be calculated by utilizing the true
28 interest cost of the refunding bonds, which shall be that rate arrived
29 at by doubling the semi-annual interest rate (compounded semi-annually)
30 necessary to discount the debt service payments on the refunding bonds
31 from the payment dates thereof to the date of issue of the refunding
32 bonds to the purchase price of the refunding bonds, including interest
33 accrued thereon prior to the issuance thereof. The maturity of such
34 bonds, other than bonds issued to refund outstanding bonds, shall not
35 exceed the weighted average economic life, as certified by the state
36 university construction fund, of the facilities in connection with which
37 the bonds are issued, and in any case not later than the earlier of
38 thirty years or the expiration of the term of any lease, sublease or
39 other agreement relating thereto; provided that no note, including
40 renewals thereof, shall mature later than five years after the date of
41 issuance of such note. The legislature reserves the right to amend or
42 repeal such limit, and the state of New York, the dormitory authority,
43 the state university of New York, and the state university construction
44 fund are prohibited from covenanting or making any other agreements with
45 or for the benefit of bondholders which might in any way affect such
46 right.
47 § 29. Paragraph a of subdivision 2 of section 1680 of the public
48 authorities law, as amended by chapter 563 of the laws of 1990 and the
49 second undesignated paragraph as amended by chapter 264 of the laws of
50 1995, is amended to read as follows:
51 a. The dormitory authority is hereby authorized and empowered upon
52 application of the educational institution concerned to acquire, design,
53 construct, reconstruct, rehabilitate and improve, or otherwise provide
54 and furnish and equip dormitories and attendant facilities for any
55 educational institution, provided that any contract undertaken or
56 financed by the dormitory authority for any construction, recon-
S. 6056 104 A. 9556
1 struction, rehabilitation or improvement of any building or structure
2 commenced after September first, nineteen hundred seventy-four for the
3 Gananda school district or the Gananda educational facilities corpo-
4 ration, or any agency, board or commission therein, or any official
5 thereof, shall comply with the provisions of section one hundred one of
6 the general municipal law and the specifications for such contract may
7 provide for assignment of responsibility for coordination of any of the
8 contracts for such work to a single responsible and qualified person,
9 firm or corporation; provided, however, that all contracts for
10 construction of buildings on behalf of Queens Hospital Center shall be
11 in conformity with the provisions of section one hundred one of the
12 general municipal law; provided that any contracts for the construction,
13 reconstruction, rehabilitation or improvement of any public work project
14 undertaken by the dormitory authority of any facility for the aged for
15 any political subdivision of the state or any district therein or agen-
16 cy, department, board or commission thereof, or any official thereof,
17 shall comply with the provisions of section one hundred thirty-five of
18 the state finance law; and provided further that any contract undertaken
19 or financed by the dormitory authority for any construction, recon-
20 struction, rehabilitation or improvement of any building commenced after
21 January first, nineteen hundred eighty-nine for the department of health
22 shall comply with the provisions of section one hundred thirty-five of
23 the state finance law.
24 Each educational institution defined in subdivision one of this
25 section, except the department of health of the state of New York,
26 shall, when authorized by an appropriate resolution adopted by its
27 governing board or, when permitted, adopted by an appropriate committee
28 of such governing board, have power: (i) to convey or cause to be
29 conveyed to the authority real property or rights in real property
30 required in connection with the construction and financing of a dormito-
31 ry by the authority for such educational institution; or (ii) to enter
32 into agreements or leases or both with the dormitory authority pursuant
33 to subdivision sixteen of section sixteen hundred seventy-eight of this
34 chapter and to paragraph e of this subdivision, or both, or, in the case
35 of the department of health of the state of New York, providing that
36 legislation or appropriations which specifies the facilities to be
37 acquired, constructed, reconstructed, rehabilitated or improved for the
38 department of health of the state of New York and the total estimated
39 costs for each such facility, not to exceed four hundred [seventy three]
40 ninety-five million [five hundred thousand] dollars in the aggregate,
41 shall have been approved by the legislature, the commissioner of health
42 shall have power: (i) to convey or cause to be conveyed to the authority
43 real property or rights in real property required in connection with the
44 construction and financing of a dormitory by the authority for such
45 educational institution; or (ii) to enter into agreements or leases or
46 both with the dormitory authority pursuant to subdivision sixteen of
47 section sixteen hundred seventy-eight of this chapter and to paragraph e
48 of this subdivision or both. The educational institution for which such
49 dormitory and attendant facility is intended to be provided shall
50 approve the plans and specifications and location of such dormitory and
51 attendant facility. The dormitory authority shall have the same power
52 and authority in respect to such dormitories and attendant facilities
53 provided pursuant to this subdivision that it has relative to other
54 dormitories.
55 § 30. (a) Subject to the provisions of chapter 59 of the laws of 2000,
56 but notwithstanding any provisions of law to the contrary, one or more
S. 6056 105 A. 9556
1 authorized issuers as defined by section 68-a of the state finance law
2 are hereby authorized to issue bonds or notes in one or more series in
3 an aggregate principal amount not to exceed $350,000,000, excluding
4 bonds issued to finance one or more debt service reserve funds, to pay
5 costs of issuance of such bonds, and bonds or notes issued to refund or
6 otherwise repay such bonds or notes previously issued, for the purpose
7 of making capital grants for matching grants for higher education facil-
8 ities capital projects; and to reimburse the state capital projects fund
9 for disbursements made therefor. Such bonds and notes of such authorized
10 issuer shall not be a debt of the state, and the state shall not be
11 liable thereon, nor shall they be payable out of any funds other than
12 those appropriated by the state to such authorized issuer for debt
13 service and related expenses pursuant to any service contract executed
14 pursuant to subdivision (b) of this section and such bonds and notes
15 shall contain on the face thereof a statement to such effect. Except for
16 purposes of complying with the internal revenue code, any interest
17 income earned on bond proceeds shall only be used to pay debt service on
18 such bonds.
19 (b) Notwithstanding any provisions of law to the contrary, in order to
20 assist such authorized issuer in undertaking the administration and
21 financing of the projects authorized pursuant to subdivision (a) of this
22 section, the director of the budget is hereby authorized to enter into
23 one or more service contracts with such authorized issuer; none of which
24 shall exceed more than thirty years in duration, upon such terms and
25 conditions as the director of the budget and such authorized issuer
26 shall agree, so as to annually provide to such authorized issuer, in the
27 aggregate, a sum not to exceed the annual debt service payments and
28 related expenses required for the bonds and notes issued pursuant to
29 this section. Any service contract entered into pursuant to this subdi-
30 vision shall provide that the obligation of the state to pay the amount
31 therein provided shall not constitute a debt of the state within the
32 meaning of any constitutional or statutory provision and shall be deemed
33 executory only to the extent of monies available and that no liability
34 shall be incurred by the state beyond the monies available for such
35 purposes, subject to annual appropriation by the legislature. Any such
36 contract or any payments made or to be made thereunder may be assigned
37 or pledged by such authorized issuer as security for its bonds and
38 notes, as authorized by this section.
39 § 31. Section 67-b of the state finance law is amended by adding a new
40 subdivision 5 to read as follows:
41 5. The provisions of this section shall not apply to debt issued
42 pursuant to section nine of article VII of the state constitution.
43 § 32. Subdivision 8 of section 68-b of the state finance law, as added
44 by section 2 of part I of chapter 383 of the laws of 2001, is amended to
45 read as follows:
46 8. Revenue bonds may only be issued for authorized purposes, as
47 defined in section sixty-eight-a of this article. Notwithstanding the
48 foregoing, any authorized issuer may issue revenue bonds [in place of
49 (a) housing program bonds or notes as authorized by section forty-sev-
50 en-e of the private housing finance law, (b) bonds to finance the state
51 match for federal capitalization grants for the purpose of any state
52 revolving fund as authorized by paragraph (a) of subdivision one of
53 section twelve hundred ninety of the public authorities law and (c)
54 certificates of participation as authorized by article five-a of this
55 chapter] for any authorized purpose of any other such authorized issuer.
56 The authorized issuers shall not issue any revenue bonds in an amount in
S. 6056 106 A. 9556
1 excess of statutory authorizations for such authorized purposes.
2 Authorizations for such authorized purposes shall be reduced in an
3 amount equal to the amount of revenue bonds issued for such authorized
4 purposes under this article. Such reduction shall not be made in
5 relation to revenue bonds issued to fund reserve funds, if any, and
6 costs of issuance, if these items are not counted under existing author-
7 izations, nor shall revenue bonds issued to refund bonds issued under
8 existing authorizations reduce the amount of such authorizations.
9 § 33. Section 51 of the public authorities law is amended by adding a
10 new subdivision 1-a to read as follows:
11 1-a. Board approval shall not be required for indebtedness incurred by
12 a public benefit corporation subject to the provisions of this section
13 for the purpose of refunding state supported debt, as defined by section
14 sixty-seven-a of the state finance law.
15 § 34. Section 1678 of the public authorities law is amended by adding
16 a new subdivision 21 to read as follows:
17 21. (a) To enter into one or more agreements with the state university
18 of New York to provide financial assistance on behalf of the state, as
19 provided in subdivision eight of section six thousand three hundred four
20 of the education law, to the local sponsors of community colleges for
21 the design, acquisition, construction, reconstruction, rehabilitation or
22 improvement of one or more facilities for locally sponsored community
23 colleges and the furnishing or equipping of such facilities. Each such
24 agreement shall provide for annual payments to the dormitory authority
25 from the state aid or other financial assistance provided to the local
26 sponsor of such community college and paid into the community college
27 tuition and instructional fund pursuant to paragraph (iii) of subdivi-
28 sion two of section ninety-seven-p of the state finance law, and contain
29 such other terms and conditions as may be agreed upon by the parties
30 thereto, including, but not limited to, provisions relating to the
31 establishment of reserve funds and indemnities. Each such agreement
32 shall be subject to the approval of the director of the budget.
33 (b) Any such agreement entered into pursuant to this subdivision may
34 provide that the provisions thereof shall remain in force and effect
35 until the issue of bonds of the dormitory authority to which it relates,
36 together with interest thereon, interest on any unpaid installments of
37 interest and the fees and expenses of the dormitory authority, are fully
38 met and discharged, and any payments to be made by the state may be
39 pledged by the dormitory authority to secure such bonds.
40 (c) No agreement entered into pursuant to this section shall be
41 construed to limit or diminish the power of the dormitory authority with
42 respect to a locally sponsored community college with respect to provid-
43 ing construction related services in connection with the construction,
44 reconstruction, improvement, renovation, development or expansion of
45 locally sponsored community college facilities.
46 § 35. Subdivision 2 of section 355 of the education law is amended by
47 adding a new paragraph x to read as follows:
48 x. To enter into one or more agreements with the dormitory authority
49 to provide financial assistance on behalf of the state, as provided in
50 subdivision eight of section six thousand three hundred four of this
51 chapter, to the local sponsors of community colleges for the design,
52 acquisition, construction, reconstruction, rehabilitation or improvement
53 of one or more facilities for locally sponsored community colleges
54 including the furnishing and equipping of such facilities pursuant to
55 section six thousand three hundred four of this chapter. Each such
56 agreement shall provide for annual payments to the dormitory authority
S. 6056 107 A. 9556
1 from the state aid or other financial assistance provided to the local
2 sponsors of such community colleges and paid into the community college
3 tuition and instructional fund pursuant to paragraph (iii) of subdivi-
4 sion two of section ninety-seven-p of the state finance law, and may
5 contain such other terms and conditions as may be agreed upon by the
6 parties thereto, including, but not limited to, provisions relating to
7 the establishment of reserve funds and indemnities. Each such agreement
8 shall be subject to the approval of the director of the budget.
9 § 36. Subdivisions 2, 4 and 5 of section 97-p of the state finance
10 law, subdivisions 2 and 5 as amended by chapter 897 of the laws of 1973
11 and subdivision 4 as added by chapter 464 of the laws of 1972, are
12 amended to read as follows:
13 2. All moneys (i) received by any local sponsor of a community college
14 or any community college from tuition and instructional fees received
15 from students attending any such community college, (ii) appropriated or
16 made available by any local sponsor of a community college pursuant to
17 the provisions of subdivision five of section sixty-three hundred four
18 of the education law, and (iii) appropriated or made available from any
19 state aid or other financial assistance provided to [any such] a local
20 sponsor or community college by the state of New York, to the extent
21 such moneys are either (a) assigned by the local sponsor of such commu-
22 nity college to the dormitory authority, or (b) payable to the dormitory
23 authority pursuant to an agreement entered into by the dormitory author-
24 ity and the state university of New York pursuant to subdivision twen-
25 ty-one of section sixteen hundred seventy-eight of the public authori-
26 ties law and paragraph x of subdivision two of section three hundred
27 fifty-five of the education law shall be paid over to the commissioner
28 of taxation and finance and such funds shall be deposited by the commis-
29 sioner of taxation and finance to the credit of the community college
30 tuition and instructional income fund.
31 4. Subject to the terms of any agreement between any local sponsor and
32 the dormitory authority, or between the state university of New York and
33 the dormitory authority, any such moneys in the community college
34 tuition and instructional income fund may, in the discretion of the
35 commissioner of taxation and finance, be invested by the commissioner of
36 taxation and finance in obligations of the United States or the state or
37 obligations the principal and interest of which are guaranteed by the
38 United States or the state, or in certificates of deposit fully secured
39 by similar obligations.
40 5. The commissioner of taxation and finance shall at all times main-
41 tain on deposit in the community college tuition and instructional
42 income fund the aggregate amount of money needed by each local sponsor
43 to comply in full with each obligation of each local sponsor under the
44 terms of each lease, sublease or agreement of each local sponsor with
45 the dormitory authority or with the terms of any agreement between the
46 state university of New York and the dormitory authority, which is then
47 in effect until the next succeeding June thirtieth.
48 The commissioner of taxation and finance shall make payments from the
49 moneys on deposit in the community college tuition and instructional
50 income fund to the authority in amounts and at the times required by
51 each obligation of each local sponsor under the terms of each lease,
52 sublease or agreement of each local sponsor with the dormitory authority
53 or at the times required by any agreement between the state university
54 of New York and the dormitory authority which is then in effect.
55 § 37. Paragraph a of subdivision 8 of section 6304 of the education
56 law is amended by adding a new subparagraph (iv) to read as follows:
S. 6056 108 A. 9556
1 (iv) notwithstanding any other provision of this paragraph to the
2 contrary, if the dormitory authority and the state university of New
3 York shall have entered into an agreement pursuant to subdivision twen-
4 ty-one of section sixteen hundred seventy-eight of the public authori-
5 ties law and paragraph x of subdivision two of section three hundred
6 fifty-five of this chapter, the amounts otherwise payable to the local
7 sponsors of the community colleges pursuant to this subparagraph on
8 account of the state's share of the cost of each facility being financed
9 shall be payable to the dormitory authority in accordance with subdivi-
10 sion five of section ninety-seven-p of the state finance law.
11 § 38. Section 69-c of the state finance law, as added by section 38 of
12 part K of chapter 81 of the laws of 2002, is amended to read as follows:
13 § 69-c. Variable rate bonds. Notwithstanding any other provision of
14 law to the contrary, any State-supported debt may be issued as variable
15 rate bonds. Notwithstanding any other provision of law to the contrary,
16 for purposes of calculating the present value of debt service and calcu-
17 lating savings in connection with the issuance of refunding indebt-
18 edness, (i) the effective interest rate and debt service payable on
19 variable rate bonds in connection with which, and to the extent that, an
20 authorized issuer has entered into an interest rate exchange or similar
21 agreement pursuant to which the authorized issuer makes payments based
22 on a fixed rate and receives payments based on a variable rate that is
23 reasonably expected by such authorized issuer to be equivalent over time
24 to the variable rate paid on the related variable rate bonds, shall be
25 calculated assuming that the rate of interest on such variable rate
26 bonds is the fixed rate payable by the authorized issuer on such inter-
27 est rate exchange or similar agreement for the scheduled term of such
28 agreement; (ii) the effective interest rate and debt service on variable
29 rate bonds in connection with which, and to the extent that, an author-
30 ized issuer has not entered into such an interest rate exchange or simi-
31 lar agreement shall be calculated assuming that interest on such vari-
32 able interest rate bonds is payable at a rate or rates reasonably
33 assumed by the authorized issuer; (iii) the effective interest rate and
34 debt service on any bonds subject to optional or mandatory tender shall
35 be a rate or rates reasonably assumed by the authorized issuer; and (iv)
36 otherwise, the effective interest rate and debt service on any bonds
37 shall be calculated at a rate or rates reasonably assumed by the author-
38 ized issuer. Notwithstanding any other provision of law to the contra-
39 ry, for calculating the present value of debt service and calculating
40 savings in connection within the issuance of refunding indebtedness, the
41 refunding of variable rate debt instruments with new variable rate debt
42 instruments shall be excluded form any such requirements, if effectuated
43 for sound business purposes.
44 § 39. Notwithstanding any provision of law to the contrary, the power
45 authority of the state of New York, as deemed feasible and advisable by
46 the trustees, is hereby authorized upon request of the director of the
47 budget, to make a contribution of up to $10,000,000 to the state comp-
48 troller. Upon receipt from the power authority of the state of New York,
49 the state comptroller is authorized and directed to deposit up to
50 $10,000,000 to the credit of the miscellaneous special revenue fund
51 (339) power for jobs account for costs attributable to the power for
52 jobs rebate extension program.
53 § 40. Notwithstanding any provision of law to the contrary, the dormi-
54 tory authority of the state of New York is hereby authorized and
55 directed, upon request of the director of the budget, to pay $13,000,000
56 to the state comptroller. Upon receipt from the dormitory authority of
S. 6056 109 A. 9556
1 the state of New York, the state comptroller is authorized and directed
2 to deposit $13,000,000 to the credit of the state university income fund
3 (345), state university general income offset account (11) for the
4 state's share of repayment of the STIP loan related to SUNY hospitals.
5 § 41. Severability. If any clause, sentence, paragraph, subdivision,
6 section or part of this act shall be adjudged by any court of competent
7 jurisdiction to be invalid, such judgment shall not affect, impair, or
8 invalidate the remainder thereof, but shall be confined in its operation
9 to the clause, sentence, paragraph, subdivision, section or part thereof
10 directly involved in the controversy in which such judgment shall have
11 been rendered. It is hereby declared to be the intent of the legislature
12 that this act would have been enacted even if such invalid provisions
13 had not been included herein.
14 § 42. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after April 1, 2004; provided
16 that section six of this act shall take effect on the same date as the
17 reversion of subdivision 5 of section 4 of the state finance law as
18 provided in section 39 of part P2 of chapter 62 of the laws of 2003, as
19 amended; provided, further, that section thirty-eight of this act shall
20 take effect on the same date as the reversion of section 69-c of the
21 state finance law as provided in section 2 of chapter 7 of the laws of
22 2003, as amended; and provided, further, however, that sections one,
23 three, four and twelve through twenty of this act shall expire March 31,
24 2005 when upon such date the provisions of such sections shall be deemed
25 repealed.
26 PART HH
27 Section 1. Section 54 of the state finance law is amended by adding a
28 new subdivision 9 to read as follows:
29 9. a. Notwithstanding any inconsistent provision of this section or of
30 any other provision of law to the contrary, the payment of general
31 purpose local government aid for the support of local government for the
32 state fiscal year commencing April first, two thousand four and every
33 fiscal year thereafter, shall be paid from an appropriation made for
34 such purposes pursuant to the general government budget in a manner
35 consistent with this subdivision. Subdivisions one through eight of this
36 section shall not be applicable to the payment of per capita state aid
37 for the support of local government.
38 b. Subject to annual appropriation of the legislature, and within
39 amounts appropriated, in the state fiscal year beginning April first,
40 two thousand four and for every state fiscal year thereafter, there
41 shall be apportioned and paid to cities, towns and villages, state
42 moneys for general purpose local government aid for the support of local
43 government. No county shall be eligible to receive any aid from this
44 program.
45 c. In the state fiscal year commencing April first, two thousand four
46 and for every state fiscal year thereafter, each city other than any
47 city with a population of one million or more, town, and village that
48 was appropriated general purpose local government aid in the state
49 fiscal year commencing April first, two thousand three, pursuant to
50 chapter fifty of the laws of two thousand three, constituting the public
51 protection and general government budget, shall be entitled to receive a
52 total of one hundred percent of the amount of general purpose local
53 government aid, except as provided in paragraph j of this subdivision,
S. 6056 110 A. 9556
1 it was entitled to receive in the state fiscal year commencing April
2 first, two thousand three.
3 d. In the state fiscal year commencing April first, two thousand four,
4 and in every state fiscal year thereafter, such aid shall be paid to
5 each city other than any city with a population of one million or more
6 as follows: on or before June twenty-fifth, each such city shall receive
7 the same amount of aid it received by June twenty-fifth, two thousand
8 three; and on or before September fifteenth, each such city shall
9 receive the same amount of aid it received for September, two thousand
10 three; and on or before December twenty-fifth, each such city shall
11 receive the same amount of aid it received for December, two thousand
12 three; and on or before March thirty-first, each such city shall receive
13 one hundred percent of the total amount of aid, inclusive of any prepay-
14 ment of aid, it received by March thirty-first, two thousand four.
15 General purpose local government aid to towns and villages shall be paid
16 on or before September fifteenth in the state fiscal year commencing
17 April first, two thousand four and in every state fiscal year thereaft-
18 er. Provided, however, the city of Yonkers shall receive on or before
19 June twenty-fifth, the same amount of aid it received by June twenty-
20 fifth, two thousand three, plus five million dollars that would have
21 been payable on or before March thirty-first, two thousand five.
22 e. Any city with a population of one million or more shall be entitled
23 to and be paid general purpose local government aid to satisfy claims in
24 the state fiscal year beginning April first, two thousand four and for
25 every state fiscal year thereafter, in accordance with the following: on
26 or before September fifteenth, sixty-two million seven hundred forty-
27 seven thousand eight hundred forty-seven dollars; on or before December
28 twenty-fifth, two hundred sixty-five million one hundred forty-one thou-
29 sand eight hundred twenty-one dollars; and on or before March thirty-
30 first, two hundred nineteen million six hundred fifty-three thousand
31 ninety-nine dollars. Notwithstanding any other law to the contrary,
32 general purpose local government aid paid to any city with a population
33 of one million or more on or before December twenty-fifth shall be for
34 an entitlement period ending the immediately preceding June thirtieth.
35 f. In the state fiscal year beginning April first, two thousand four,
36 and for each state fiscal year thereafter, any payment of general
37 purpose local government aid made to any city by the state on or before
38 March thirty-first, which prior to the state fiscal year beginning April
39 first, nineteen hundred ninety-two was payable the following June, shall
40 be considered a prepayment of state aid.
41 g. Upon the appropriation of general purpose local government aid by
42 the legislature, the state comptroller shall compute and certify in due
43 time the amounts of general purpose local government aid payable to
44 cities, towns, and villages pursuant to this section. No moneys appro-
45 priated for the purposes of this section shall be made available for
46 payment until a certificate of approval has been issued by the director
47 of the budget, who shall file such certificate with the department of
48 audit and control, the chairperson of the senate finance committee, and
49 the chairperson of the assembly ways and means committee.
50 h. General purpose local government aid to any city, town, or village
51 pursuant to this section shall be apportioned and paid to the chief
52 fiscal officer of each such locality on audit and warrant of the state
53 comptroller out of moneys appropriated by the legislature for such
54 purpose to the credit of the local assistance fund in the general fund
55 of the state treasury; provided, however, that amounts payable to any
56 city having a population of less than fifty-five thousand but more than
S. 6056 111 A. 9556
1 fifty-four thousand according to the federal decennial census of nine-
2 teen hundred ninety shall be apportioned and paid to the special account
3 for the municipal assistance corporation for the city of Troy in the
4 municipal assistance state aid fund pursuant to section ninety-two-e of
5 this chapter and chapters one hundred eighty-seven and one hundred
6 eighty-eight of the laws of nineteen hundred ninety-five and provided
7 further that amounts payable to any city having a population of one
8 million or more, shall be apportioned and paid as follows: (i) any
9 amounts required to be paid to the city university construction fund
10 pursuant to the city university construction fund act, (ii) any amounts
11 required to be paid to the New York city housing development corporation
12 pursuant to the New York city housing development corporation act, (iii)
13 five hundred thousand dollars to the chief fiscal officer of the city of
14 New York for payment to the trustees of the police pension fund of such
15 city, (iv) eighty million dollars to the special account for the munici-
16 pal assistance corporation for the city of New York in the municipal
17 assistance tax fund created pursuant to section ninety-two-d of this
18 chapter to the extent that such amount has been included by the munici-
19 pal assistance corporation for the city of New York in any computation
20 for the issuance of bonds on a parity with outstanding bonds pursuant to
21 a contract with the holders of such bonds prior to the issuance of any
22 other bonds secured by payments from the municipal assistance corpo-
23 ration for the city of New York in the municipal assistance state aid
24 fund created pursuant to section ninety-two-e of this chapter, (v) the
25 balance of the special account for the municipal assistance corporation
26 for the city of New York in the municipal assistance state aid fund
27 created pursuant to section ninety-two-e of this chapter, (vi) any
28 amounts to be refunded to the general fund of the state of New York
29 pursuant to the annual appropriation enacted for the municipal assist-
30 ance state aid fund, (vii) to the state of New York municipal bond bank
31 agency to the extent provided by section twenty-four hundred thirty-six
32 of the public authorities law, (viii) to the transit construction fund
33 to the extent provided by section twelve hundred twenty-five-i of the
34 public authorities law, and thereafter (ix) to the city.
35 i. Any city, town or village receiving general purpose local govern-
36 ment aid pursuant to this section shall use such aid only for general
37 municipal purposes except as provided in paragraph h of this subdivi-
38 sion.
39 j. In the case where any city, town, or village consolidates, merges
40 or dissolves, and the resulting successor government has filed with the
41 office of the state comptroller a certificate of any such consolidation,
42 merger, or dissolution, such successor government shall be entitled to
43 receive any payments of general purpose local government aid which,
44 pursuant to this subdivision, would have been otherwise payable to the
45 individual cities, towns, or villages who were party to such consol-
46 idation, merger, or dissolution in addition to the general purpose local
47 government aid such successor government is entitled to receive had no
48 such consolidation, merger, or dissolution occurred. The annual amount
49 of general purpose local government aid that any city, town, or village
50 in which a municipality has consolidated, merged, or dissolved shall be
51 eligible to receive on the date such city, town, or village is consol-
52 idated, merged, or dissolved shall continue to be paid pursuant to this
53 subdivision for every state fiscal year following the date of such
54 consolidation, merger, or dissolution. In instances where only a portion
55 of a city, town, or village is party to a consolidation, merger, or
56 dissolution, general purpose local government aid payable to the result-
S. 6056 112 A. 9556
1 ing successor government shall include only a pro rata share of the aid
2 otherwise due and payable to such city, town, or village. Such pro rata
3 share shall be based on a ratio of the two thousand federal decennial
4 census population of the portion consolidated, merged, or dissolved as
5 compared to the total two thousand federal decennial census population
6 of the city, town, or village party to such consolidation, merger, or
7 dissolution.
8 § 2. This act shall take effect immediately and shall be deemed to
9 have been in full force and effect on and after April 1, 2004.
10 PART II
11 Section 1. The opening paragraph and clause b of subparagraph (v) and
12 subparagraph (vi) of paragraph (c) of subdivision 4 of section 209 of
13 the civil service law, the opening paragraph and clause b of subpara-
14 graph (v) as amended by chapter 216 of the laws of 1977 and subparagraph
15 (vi) as amended by chapter 205 of the laws of 1997, are amended to read
16 as follows:
17 the public arbitration panel shall make a just and reasonable determi-
18 nation of the matters in dispute. In arriving at such determination, the
19 panel shall consider, above all other factors, the financial ability of
20 the public employer to pay. The public employer's ability to pay shall
21 be defined as existing fiscal capacity without resort to either new or
22 increased taxation including, but not limited to, the level of taxation
23 in the political subdivision compared to similar political subdivisions
24 in other areas of the state, the tax base, any evidence of economic
25 decline and any other applicable measures of fiscal distress, or
26 extraordinary reductions in other governmental expenditures. The arbi-
27 tration panel shall also consider the competing financial obligations of
28 the public employer which may be effected by such determination and
29 specifically the impact of any such determination on ongoing negoti-
30 ations or successor negotiations with employee organizations represent-
31 ing other employees of the public employer. In the case of members of
32 any organized unit of troopers, commissioned or non-commissioned offi-
33 cers of the division of state police, or in regard to investigators,
34 senior investigators and investigator specialists of the division of
35 state police, the arbitration panel shall, in addition to the above
36 factors in this paragraph, consider above all other factors, the overall
37 fiscal environment of the state and shall give substantial consideration
38 to the state's ability to pay without contributing to a budget deficit
39 in current or future fiscal years. The arbitration panel shall specify
40 its rationale in the determination, including the consideration of such
41 ability of the public employer to pay without resorting to new or
42 increased taxation. The panel shall specify the basis for its findings,
43 taking into secondary consideration, in addition to any other relevant
44 factors, the following:
45 b. the interests and welfare of the public [and the financial ability
46 of the public employer to pay];
47 (vi) the determination of the public arbitration panel shall be final
48 and binding upon the parties for the period prescribed by the panel, but
49 in no event shall such period exceed two years from the termination date
50 of any previous collective bargaining agreement or if there is no previ-
51 ous collective bargaining agreement then for a period not to exceed two
52 years from the date of determination by the panel. Such determination
53 shall not be subject to the approval of any local legislative body or
54 other municipal authority. Notwithstanding the provisions of this
S. 6056 113 A. 9556
1 subparagraph to the contrary, where the parties to [a] the public arbi-
2 tration are those [anticipated by the provisions of paragraph (e) of
3 this subdivision as established by chapter four hundred thirty-two of
4 the laws of nineteen hundred ninety-five, such parties may agree to
5 confer authority to the public arbitration panel] parties which became
6 subject to this subdivision by virtue of chapter six hundred forty-one
7 of the laws of nineteen hundred ninety-eight, the public arbitration
8 panel shall have the authority to issue a final and binding determi-
9 nation for a period up to and including four years.
10 § 2. Section 101 of the general municipal law is REPEALED.
11 § 3. The opening paragraph of paragraph (e) of subdivision 4 of
12 section 120-w of the general municipal law, as amended by chapter 552 of
13 the laws of 1980, is amended to read as follows:
14 It is the intent of the legislature that overall cost should in all
15 cases be a major criterion in the selection of contractors for award of
16 contracts pursuant to this section and that, wherever practical, such
17 contracts which include construction work should be procured through
18 competitive bidding procedures as prescribed by [sections one hundred
19 one and] section one hundred three of this chapter. It is further the
20 intent of the legislature to acknowledge the highly complex and innova-
21 tive nature of resource recovery technology for processing mixed solid
22 waste, the relative newness of the variety of resource recovery systems
23 now available, the desirability of a single point of responsibility for
24 the development of facilities and the economic and technical utility of
25 contracts for resource recovery projects which include in their scope
26 various combinations of design, construction, operation, management
27 and/or maintenance responsibilities over prolonged periods of time and
28 that in some instances it may be beneficial to the municipality to award
29 a contract on the basis of factors other than cost alone, including but
30 not limited to facility design, system reliability, energy efficiency,
31 compatibility with source separation and other recycling systems and
32 environmental protection. Accordingly, and notwithstanding the
33 provisions of any general, special or local law or charter, a contract
34 entered into between a municipality and any person pursuant to this
35 section may be awarded pursuant to public bidding in compliance with
36 [sections one hundred one and] section one hundred three of this chapter
37 or pursuant to the following provisions for the award of a contract
38 based on evaluation of proposals submitted in response to a request for
39 proposals prepared by or for the municipality:
40 § 4. Subdivision 7 of section 120-w of the general municipal law, as
41 added by chapter 552 of the laws of 1980, is amended to read as follows:
42 7. Every contract entered into between a municipality and a project
43 developer pursuant to the provisions of subparagraph four of paragraph
44 (e) of subdivision four of this section, for construction of a solid
45 waste management-resource recovery building by the project developer,
46 shall contain provisions that such building shall be constructed through
47 construction contracts awarded through public competitive bidding in
48 accordance with paragraphs (a) through [(g)] (f) of this subdivision;
49 that the project developer shall furnish a bond guaranteeing prompt
50 payment of moneys that are due to all persons furnishing labor and mate-
51 rials pursuant to the requirements of such construction contracts, and
52 that a copy of such payment bond shall be kept by the municipality and
53 shall be open to public inspection; provided, however, that the require-
54 ments of this subdivision shall not apply when the cost of such
55 construction is less than five thousand dollars.
S. 6056 114 A. 9556
1 (a) The project developer shall advertise for bids for such
2 construction contracts in a daily newspaper having general circulation
3 in the county in which such public solid waste management-resource
4 recovery building is to be located. Such advertisement shall contain a
5 statement of the time when and place where all bids received pursuant to
6 such notice will be publicly opened and read. An employee of the munici-
7 pality shall be designated to open the bids at the time and place speci-
8 fied in the notice. All bids received shall be publicly opened and read
9 at the time and place so specified. At least five days shall elapse
10 between the publication of such advertisement and date on which the bids
11 are opened.
12 (b) [When the entire cost of constructing such building shall exceed
13 fifty thousand dollars, the project developer shall prepare separate
14 specifications for the following subdivisions of such work, so as to
15 permit separate and independent bidding upon each subdivision:
16 (i) plumbing and gas fittings;
17 (ii) steam heating, hot water heating, ventilating and air condition-
18 ing apparatus; and
19 (iii) electric wiring and standard illuminating fixtures.
20 (c) After public competitive bidding the project developer shall award
21 one or more separate contracts for each of the above subdivisions of
22 such work, whenever separate specifications are required pursuant to
23 paragraph (b) of this subdivision, and one or more contracts for the
24 remainder of such work. The project developer may award such contracts
25 at different times.] Contracts awarded pursuant to this [paragraph]
26 subdivision shall be awarded by the project developer to the lowest
27 responsible and responsive bidder and shall be contracts of the project
28 developer and not of the municipality which shall have no obligation or
29 liabilities, whatsoever, thereunder. The project developer shall have
30 the responsibility for the supervision, coordination, and termination of
31 such contracts, unless otherwise specified in contractual terms between
32 the project developer and the municipality.
33 [(d)] (c) In determining whether a prospective contractor is responsi-
34 ble and responsive, the project developer may require that prospective
35 contractors:
36 (i) have adequate financial resources or the ability to obtain such
37 resources;
38 (ii) be able to comply with the required or proposed delivery or
39 performance schedule;
40 (iii) have a satisfactory record of performance;
41 (iv) have the necessary organization, experience, operational
42 controls, and technical skills, or the ability to obtain them;
43 (v) have the necessary production, construction and technical equip-
44 ment and facilities, or the ability to obtain them;
45 (vi) be eligible to receive an award under applicable laws and regu-
46 lations and be otherwise qualified.
47 [(e)] (d) The project developer may reject any bid of a bidder which
48 the project developer determines to be nonresponsible or nonresponsive
49 to the advertisement for bids.
50 [(f)] (e) The project developer may, in its discretion, reject all
51 bids, and may revise bid specifications and may readvertise for bids as
52 provided herein.
53 [(g)] (f) Only as used in this subdivision:
54 (i) "project developer" means any private corporation, partnership, or
55 individual or combination thereof which has submitted a proposal in
S. 6056 115 A. 9556
1 response to a request for proposals issued pursuant to subparagraph two
2 of paragraph (e) of subdivision four of this section;
3 (ii) "construction" shall include reconstruction, rehabilitation or
4 improvement;
5 (iii) "solid waste management-resource recovery building" means a
6 building of a solid waste management-resource recovery facility. Such
7 building shall not include the system to be used for the purposes of
8 receiving, processing, handling or storing solid waste, the products and
9 by-products derived therefrom, or materials used in such processing or
10 handling and any equipment or property involving proprietary or trade
11 secrets.
12 § 5. Subdivision 2 of section 99-q of the general municipal law, as
13 added by chapter 825 of the laws of 1987, is amended to read as follows:
14 2. Acquire by purchase, lease, sublease or other agreement the facili-
15 ties provided or to be provided for the purposes of the unified court
16 system of the state.
17 All contracts entered into pursuant to the provisions of this section
18 shall be subject to the provisions of [sections one hundred one and]
19 section one hundred three of this chapter.
20 § 6. Section 135 of the state finance law is REPEALED.
21 § 7. Subdivision 1 of section 137 of the state finance law, as amended
22 by chapter 83 of the laws of 1995, is amended to read as follows:
23 1. In addition to other bond or bonds, if any, required by law for the
24 completion of a work specified in a contract for the prosecution of a
25 public improvement for the state of New York a municipal corporation, a
26 public benefit corporation or a commission appointed pursuant to law, or
27 in the absence of any such requirement, the comptroller may or the other
28 appropriate official, respectively, shall nevertheless require prior to
29 the approval of any such contract a bond guaranteeing prompt payment of
30 moneys due to all persons furnishing labor or materials to the contrac-
31 tor or his subcontractors in the prosecution of the work provided for in
32 such contract. Provided, however, that all performance bonds and payment
33 bonds may, at the discretion of the head of the state agency, public
34 benefit corporation or commission, or his or her designee, be dispensed
35 with for the completion of a work specified in a contract for the prose-
36 cution of a public improvement for the state of New York for which bids
37 are solicited where the aggregate amount of the contract is under fifty
38 thousand dollars [and provided further, that in a case where the
39 contract is not subject to the multiple contract award requirements of
40 section one hundred thirty-five of this article, such requirements may
41 be dispensed with where the head of the state agency, public benefit
42 corporation or commission finds it to be in the public interest and
43 where the aggregate amount of the contract awarded or to be awarded is
44 less than two hundred thousand dollars]. Provided further, that in a
45 case where a performance or payment bond is dispensed with, twenty per
46 centum may be retained from each progress payment or estimate until the
47 entire contract work has been completed and accepted, at which time the
48 head of the state agency, public benefit corporation or commission
49 shall, pending the payment of the final estimate, pay not to exceed
50 seventy-five per centum of the amount of the retained percentage.
51 § 8. Subdivision 4 of section 139-f of the state finance law, as
52 amended by chapter 83 of the laws of 1995, is amended to read as
53 follows:
54 4. Notwithstanding any other provision of this section or other law,
55 requirements for the furnishing of a performance bond or a payment bond
56 may be dispensed with at the discretion of the head of the state agency
S. 6056 116 A. 9556
1 or corporation, or his or her designee, where the public owner is a
2 state agency or corporation described in subdivision one-a of this
3 section and the aggregate amount of the contract awarded or to be
4 awarded is under fifty thousand dollars [and, in a case where the
5 contract is not subject to the multiple contract award requirements of
6 section one hundred thirty-five of this article, such requirements may
7 be dispensed with where the head of the state agency or corporation
8 finds it to be in the public interest and where the aggregate amount of
9 the contract awarded or to be awarded is under two hundred thousand
10 dollars]. Provided further, that in a case where a performance or
11 payment bond is dispensed with, twenty per centum may be retained from
12 each progress payment or estimate until the entire contract work has
13 been completed and accepted, at which time the head of the state agency
14 or corporation shall, pending the payment of the final estimate, pay not
15 to exceed seventy-five per centum of the amount of the retained percent-
16 age.
17 § 9. Section 151-a of the public housing law is REPEALED.
18 § 10. Paragraph d of subdivision 1 of section 372-a of the education
19 law, as added by chapter 624 of the laws of 1999, is amended to read as
20 follows:
21 d. Any contracts or leases entered into by the trustees of the state
22 university of New York pursuant to this section shall require the lessee
23 or contracting not-for-profit corporation to comply with the require-
24 ments of article fifteen-A of the executive law. Any contract or lease
25 for construction, rehabilitation, or other improvement authorized by
26 this section entered into by the trustees shall require the lessee or
27 contractor and/or subcontractor to comply with the requirements of
28 section two hundred twenty, two hundred thirty, two hundred thirty-one,
29 two hundred forty and two hundred forty-one of the labor law, where
30 applicable, as well as [sections one hundred one and] section one
31 hundred three of the general municipal law, where applicable;
32 § 11. The opening paragraph of subdivision 8 of section 376 of the
33 education law, as amended by chapter 877 of the laws of 1990, is amended
34 to read as follows:
35 All contracts which are to be awarded pursuant to this subdivision
36 shall be awarded by public letting in accordance with the following
37 provisions, notwithstanding any contrary provision of section [one
38 hundred thirty-five,] one hundred thirty-six, one hundred thirty-nine or
39 one hundred forty of the state finance law, provided, however, that
40 where the estimated expense of any contract which may be awarded pursu-
41 ant to this subdivision is less than fifty thousand dollars, a perform-
42 ance bond and a bond for the payment of labor and material may, in the
43 discretion of the fund, not be required, and except that in the
44 discretion of the fund, a contract may be entered into for such purposes
45 without public letting where the estimated expense thereof is less than
46 twenty thousand dollars, or where in the judgment of the fund an emer-
47 gency condition exists as a result of damage to an existing academic
48 building, dormitory or other facility which has been caused by an act of
49 God, fire or other casualty, or any other unanticipated, sudden and
50 unexpected occurrence, that has resulted in damage to or a malfunction
51 in an existing academic building, dormitory or other facility and
52 involves a pressing necessity for immediate repair, reconstruction or
53 maintenance in order to permit the safe continuation of the use or func-
54 tion of such facility, or to protect the facility or the life, health or
55 safety of any person, and the nature of the work is such that in the
56 judgment of the fund it would be impractical and against the public
S. 6056 117 A. 9556
1 interest to have public letting; provided, however, that the fund, prior
2 to awarding a contract hereunder because of an emergency condition noti-
3 fy the comptroller of its intent to award such a contract:
4 § 12. Subdivision 11 of section 407-a of the education law, as added
5 by chapter 737 of the laws of 1988, is amended to read as follows:
6 11. Any contract undertaken or financed by the dormitory authority for
7 any construction, reconstruction, rehabilitation or improvement for any
8 special act school district shall comply with the provisions of
9 [sections one hundred one and] section one hundred three of the general
10 municipal law.
11 § 13. Subdivisions 1 and 2 of section 458 of the education law are
12 REPEALED.
13 § 14. Subdivisions 1 and 2 of section 482 of the education law are
14 REPEALED.
15 § 15. Subdivision 3 of section 1726 of the education law, as added by
16 chapter 198 of the laws of 1973, is amended to read as follows:
17 3. Such agreements shall be subject to the bidding requirements of the
18 general municipal law[, except that the provisions of section one
19 hundred one of the general municipal law shall not apply to lease or
20 lease-purchase of pre-manufactured items delivered to the site, but
21 shall apply to installation and other work to be performed on the site].
22 § 16. Subdivision (b) of section 6281 of the education law is
23 REPEALED.
24 § 17. Subparagraph 4 of paragraph c of subdivision 2 of section
25 27-0707 of the environmental conservation law, as amended by chapter 70
26 of the laws of 1988, is amended to read as follows:
27 (4) the applicant has received or will receive the written opinion of
28 counsel to each [muncipality] municipality or public authority which has
29 entered into a contract, lease or rental agreement with the proposed
30 facility that such contract, lease or rental agreement is in compliance
31 with the applicable requirements of sections [one hundred one,] one
32 hundred three and one hundred twenty-w of the general municipal law.
33 § 18. Subdivision 2 of section 38 of the highway law, as amended by
34 chapter 83 of the laws of 1995, is amended to read as follows:
35 2. Proposals. Each proposal shall specify the correct gross sum for
36 which the work will be performed and shall also include the amount to be
37 charged for each item specified on the proposal estimate sheet. The
38 commissioner of transportation may prescribe and furnish forms for the
39 submission of such proposals and may prescribe the manner of submitting
40 the same which shall not be inconsistent herewith. Accompanying each
41 proposal there shall be either a certified check or bank cashier's check
42 for the amount of the bid deposit, to be fixed by the commissioner of
43 transportation and specified in the advertisement for proposals or such
44 other security from the bidder as may be acceptable to the commissioner
45 of transportation. The checks of the two low bidders shall be deposited
46 by the commissioner of transportation in a special account. Provided,
47 however, that if prior to or upon receipt of said checks by the commis-
48 sioner of transportation a bidder who is one of the two low bidders
49 shall have duly filed a bond as hereinafter provided the commissioner of
50 transportation shall forthwith return to said bidder his aforesaid check
51 without depositing the same. If alternate proposals are taken, the
52 checks of the two low bidders of all alternate proposals shall be depos-
53 ited. All checks other than those of the two low bidders shall be
54 returned promptly by the commissioner of transportation. Notwithstanding
55 the provisions of any general or special law, the money represented by
56 the checks of the two low bidders shall be paid from the special account
S. 6056 118 A. 9556
1 when the contractor has duly executed and delivered to the commissioner
2 of transportation the contract and the bond or bonds, if any, required
3 by law for the performance of the work of a public improvement for the
4 state of New York, or upon the rejection of all bids. The low bidder, in
5 the discretion of the commissioner of transportation, and the second low
6 bidder, as a matter of right, may at any time after the opening of the
7 respective proposals, file with the commissioner of transportation a
8 bond, the principal amount of which shall at least equal the amount of
9 the respective bidder's check, theretofore deposited with his proposal,
10 in the form prescribed by the commissioner of transportation, with
11 sufficient sureties, to be approved by the commissioner of transporta-
12 tion, conditioned that the said bidder will execute a contract and
13 furnish such performance or other bonds as may be required by law in
14 accordance with the terms of the bidder's said proposal. If a bidder
15 complies with the aforesaid provision, the commissioner of transporta-
16 tion shall forthwith return the money represented by the check of such
17 bidder. In case the bidder to whom the contract shall be awarded shall
18 fail to execute such contract and bond if required, the moneys repres-
19 ented by such check shall be regarded as liquidated damages and shall be
20 forfeited to the state and shall be deposited by the commissioner of
21 transportation with the commissioner of taxation and finance to the
22 credit of the general fund. Provided, however, that although a perform-
23 ance bond or a payment bond or both may be accepted from a bidder by the
24 commissioner of transportation, a requirement to furnish such bond or
25 bonds may be dispensed with where the aggregate gross sums of the
26 contracts to be awarded for the project is under fifty thousand dollars
27 and provided further, [that in a case where a single contract is issued
28 for a project which is not subject to the multiple contract award
29 requirements of section one hundred thirty-five of the state finance
30 law,] such requirements may be dispensed with where the commissioner
31 finds it to be in the public interest and where the aggregate amount of
32 the contract awarded or to be awarded is less than two hundred fifty
33 thousand dollars. The gross sums indicated on the proposals when opened
34 shall be publicly read. The commissioner shall keep the bids for the
35 several items of the proposals confidential until an award of the
36 contract is made, after which the proposals shall be subject at all
37 reasonable times to public inspection.
38 § 19. Subdivision 2 of section 816-b of the labor law, as added by
39 chapter 571 of the laws of 2001, is amended to read as follows:
40 2. Notwithstanding any other provision of this article, of section one
41 hundred three of the general municipal law, [of section one hundred
42 thirty-five of the state finance law,] of section one hundred fifty-one
43 of the public housing law, or of any other general, special or local law
44 or administrative code, in entering into any construction contract, a
45 governmental entity which is to be a direct or indirect party to such
46 contract may require that any contractors and subcontractors have, prior
47 to entering into such contract, apprenticeship agreements appropriate
48 for the type and scope of work to be performed, that have been regis-
49 tered with, and approved by, the commissioner pursuant to the require-
50 ments found in this article. Whenever utilizing this requirement, the
51 governmental entity may, in addition to whatever considerations are
52 required by law, consider the degree to which career opportunities in
53 apprenticeship training programs approved by the commissioner may be
54 provided.
S. 6056 119 A. 9556
1 § 20. Subdivision 2 of section 1045-i of the public authorities law,
2 as added by chapter 513 of the laws of 1984, is amended to read as
3 follows:
4 2. Any such agreements (i) shall describe in sufficient detail for
5 reasonable identification the particular water project to be financed in
6 whole or in part by the authority, (ii) shall describe the plan for the
7 financing of the cost of the construction of such water project, includ-
8 ing the amount, if any, to be provided by the water board and the source
9 or sources thereof, (iii) shall set forth the method by which and by
10 whom and the terms and conditions upon which moneys provided by the
11 authority shall be disbursed, (iv) may require, in the discretion of the
12 authority, the payment to the authority of the proceeds of any state and
13 federal grants available to the water board, (v) shall provide for the
14 establishment of user fees, rates, rents and other charges and the
15 charging and collection thereof by the water board for the use of, or
16 services furnished, rendered or made available by such system such as to
17 provide that such board receive revenues at least sufficient, together
18 with other revenues of the board, if any, to meet the requirements of
19 subdivision one of section one thousand forty-five-j of this title,
20 provided that revenues received by such board shall be deposited in a
21 special fund established pursuant to this title and disbursed to, and
22 upon certification of, the authority, (vi) may provide for the transfer
23 by the city to the water board pursuant to section one thousand forty-
24 five-h of this title of ownership of the sewerage system or water
25 system, or both, as the case may be, of which such project will form a
26 part by the city, (vii) shall provide for the construction and
27 completion of such water project by the city and for the operation,
28 maintenance and repair thereof as an integrated part of the system of
29 which such water project forms a part, subject to such terms and condi-
30 tions, not inconsistent with this title, which may be in the public
31 interest and necessary or desirable properly and adequately to secure
32 the holders of bonds of the authority, provided, however, all contracts
33 for public work and all purchase contracts shall be awarded by the city
34 as provided by law for the award of such contracts by the city and that
35 all contracts for construction shall be let in accordance with the
36 provisions of state law pertaining to prevailing wages, labor standards
37 and working hours[. When the entire cost of constructing a building as
38 part of any water project shall exceed fifty thousand dollars, the city
39 shall prepare separate specifications for the following three subdivi-
40 sions of the work to be performed: (a) plumbing and gas fitting; (b)
41 steam heating, hot water heating, ventilating and air conditioning appa-
42 ratus; and (c) electric wiring and standard illuminating fixtures],
43 (viii) shall provide for the discontinuance or disconnection of the
44 supply of water or the provision of sewerage service, or both, as the
45 case may be, for non-payment of fees, rates, rents or other charges
46 therefor imposed by the water board, provided such discontinuance or
47 disconnection of any supply of water or the provision of sewerage
48 service, or both, as the case may be, shall not be carried out except in
49 the manner and upon the notice as is required of a waterworks corpo-
50 ration pursuant to subdivisions three-a, three-b and three-c of section
51 eighty-nine-b and section one hundred sixteen of the public service law,
52 and (ix) in the discretion of the authority, require reports concerning
53 the project from the water board to the authority and the city.
54 § 21. Subdivision 2 of section 1048-i of the public authorities law,
55 as added by chapter 796 of the laws of 1985, is amended to read as
56 follows:
S. 6056 120 A. 9556
1 2. Any such agreements (i) shall describe in sufficient detail for
2 reasonable identification the particular water project to be financed in
3 whole or in part by the authority, (ii) shall describe the plan for the
4 financing of the cost of the construction of such water project, includ-
5 ing the amount, if any, to be provided by the water board and the source
6 or sources thereof, (iii) shall set forth the method by which and by
7 whom and the terms and conditions upon which moneys provided by the
8 authority shall be disbursed, (iv) may require, in the discretion of the
9 authority, the payment to the authority of the proceeds of any state and
10 federal grants available to the water board, (v) shall provide for the
11 establishment of user fees, rates, rents and other charges and the
12 charging and collection thereof by the water board for the use of, or
13 services furnished, rendered or made available by such system such as to
14 provide that such board receive revenues at least sufficient, together
15 with other revenues of the board, if any, to meet the requirements of
16 subdivision one of section one thousand forty-eight-j of this title,
17 provided that revenues received by such board shall be deposited in a
18 special fund established pursuant to this title and disbursed to, and
19 upon certification of, the authority, (vi) may provide for the transfer
20 by the city to the water board pursuant to section one thousand forty-
21 eight-h of this title of ownership of the water system of which such
22 project will form a part, (vii) shall provide for the construction and
23 completion of such water project by the city and for the operation,
24 maintenance and repair thereof as an integrated part of the system of
25 which such water project forms a part, subject to such terms and condi-
26 tions, not inconsistent with this title, which may be in the public
27 interest and necessary or desirable properly and adequately to secure
28 the holders of bonds of the authority, provided, however, all contracts
29 for public work and all purchase contracts shall be awarded by the city
30 as provided by law for the award of such contracts by the city and that
31 all contracts for construction shall be let in accordance with the
32 provisions of state law pertaining to prevailing wages, labor standards
33 and working hours[. When the entire cost of constructing a building as
34 part of any water project shall exceed fifty thousand dollars, the city
35 shall prepare separate specifications for the following three subdivi-
36 sions of the work to be performed: (a) plumbing and gas fitting; (b)
37 steam heating, hot water heating, ventilating and air conditioning appa-
38 ratus; and (c) electric wiring and standard illuminating fixtures],
39 (viii) shall provide for the discontinuance or disconnection of the
40 supply of water for non-payment of fees, rates, rents or other charges
41 therefor imposed by the water board, provided such discontinuance or
42 disconnection of any supply of water shall not be carried out except in
43 the manner and upon the notice as is required of a waterworks corpo-
44 ration pursuant to subdivisions three-a, three-b and three-c of section
45 eighty-nine-b and section one hundred sixteen of the public service law,
46 and (ix) in the discretion of the authority, require reports concerning
47 the project from the water board to the authority and the city.
48 § 22. Section 1137 of the public authorities law, as added by chapter
49 595 of the laws of 1991, is amended to read as follows:
50 § 1137. Construction and purchase contracts. The authority shall let
51 contracts for construction or purchase of supplies, materials, or equip-
52 ment pursuant to [sections one hundred one and] section one hundred
53 three of the general municipal law. Nothing in this section shall be
54 construed to limit the power of the authority to do any construction
55 directly by the officers, agents and employees of the authority.
S. 6056 121 A. 9556
1 § 23. Section 1147-u of the public authorities law, as added by chap-
2 ter 691 of the laws of 1995, is amended to read as follows:
3 § 1147-u. Construction and purchase contracts. The authority shall let
4 contracts for construction or purchase of supplies, materials, or equip-
5 ment pursuant to [sections one hundred one and] section one hundred
6 three of the general municipal law and shall be let in accordance with
7 the provisions of state law pertaining to prevailing wages, labor stand-
8 ards, and working hours. Nothing in this section shall be construed to
9 limit the power of the authority to do any construction directly by the
10 officers, agents and employees of the authority.
11 § 24. Section 1174-q of the public authorities law, as added by chap-
12 ter 491 of the laws of 1991, is amended to read as follows:
13 § 1174-q. Construction and purchase contracts. The authority shall let
14 contracts for construction or purchase of supplies, materials, or equip-
15 ment pursuant to [sections one hundred one and] section one hundred
16 three of the general municipal law. Nothing in this section shall be
17 construed to limit the power of the authority to do any construction
18 directly by the officers, agents and employees of the authority or to
19 contract with a public utility, for a term not to exceed five years, for
20 the operation and maintenance of a water supply system acquired from
21 said public utility.
22 § 25. Section 1198-q of the public authorities law, as added by chap-
23 ter 868 of the laws of 1990, is amended to read as follows:
24 § 1198-q. Construction and purchase contracts. The authority shall let
25 contracts for construction or purchase of supplies, materials, or equip-
26 ment pursuant to [sections one hundred one and] section one hundred
27 three of the general municipal law. Nothing in this section shall be
28 construed to limit the power of the authority to do any construction
29 directly by the officers, agents and employees of the authority or to
30 contract with a public utility, for a term not to exceed five years, for
31 the operation and maintenance of a water supply system acquired from
32 said public utility.
33 § 26. Section 1199-qqq of the public authorities law, as added by
34 chapter 678 of the laws of 1990, is amended to read as follows:
35 § 1199-qqq. Construction and purchase contracts. The authority shall
36 let contracts for construction or purchase of supplies, materials, or
37 equipment pursuant to [sections one hundred one and] section one hundred
38 three of the general municipal law. Nothing in this section shall be
39 construed to limit the power of the authority to do any construction
40 directly by the officers, agents and employees of the authority.
41 § 27. Section 1199-qqqq of the public authorities law, as added by
42 chapter 195 of the laws of 1995, is amended to read as follows:
43 § 1199-qqqq. Construction and purchase contracts. The authority shall
44 let contracts for construction or purchase of supplies, materials, or
45 equipment pursuant to [sections one hundred one and] section one hundred
46 three of the general municipal law and shall be let in accordance with
47 the provisions of state law pertaining to prevailing wages, labor stand-
48 ards, and working hours. Nothing in this section shall be construed to
49 limit the power of the authority to do any construction directly by the
50 officers, agents and employees of the authority.
51 § 28. Section 1226-t of the public authorities law, as added by chap-
52 ter 647 of the laws of 1994, is amended to read as follows:
53 § 1226-t. Contracts. All contracts for construction shall be let by
54 the authority in [conformity with the applicable provisions of section
55 one hundred thirty-five of the state finance law and shall be let in]
S. 6056 122 A. 9556
1 accordance with the provisions of state law pertaining to prevailing
2 wages, labor standards and working hours.
3 The authority may, in its discretion, assign contracts for supervision
4 and coordination to the successful bidder for any subdivision of work
5 for which the authority receives bids. The authority shall not award any
6 construction contract except to the lowest bidder who, in its opinion,
7 is qualified to perform the work required and who is responsible and
8 reliable. The authority may, however, reject any or all bids or waive
9 any informality in a bid if it believes that the public interest will be
10 promoted thereby. The authority may reject any bid if, in its judgment,
11 the business and technical organization, plant, resources, financial
12 standing, or experience of the bidder justifies such rejection in view
13 of the work to be performed.
14 § 29. Section 1230-u of the public authorities law, as added by chap-
15 ter 275 of the laws of 2002, is amended to read as follows:
16 § 1230-u. Contracts. All contracts for construction or purchase of
17 supplies, materials or equipment shall be let by the water board, shall
18 be made in conformity with the applicable provisions of section one
19 hundred three of the general municipal law [and section one hundred
20 thirty-five of the state finance law]. For the purposes of article
21 fifteen-A of the executive law only, the authority and the water board
22 shall each be deemed a state agency as that term is used in such arti-
23 cle, and its contracts for procurement, design, construction, services
24 and materials shall be deemed state contracts within the meaning of that
25 term as set forth in such article. All construction contracts shall be
26 let in accordance with the provisions of state law pertaining to
27 prevailing wages, labor standards and working hours. The water board
28 may, in its discretion, assign contracts for supervision and coordi-
29 nation to the successful bidder for any subdivision of work for which
30 the water board receives bids. The water board shall not award any
31 construction contract except to the lowest bidder who, in its opinion,
32 is qualified to perform the work required and who is responsible and
33 reliable. The water board may, however, reject any or all bids or waive
34 any informality in a bid if it believes that the public interest will be
35 promoted thereby. The water board may reject any bid if, in its judg-
36 ment, the business and technical organization, plant, resources, finan-
37 cial standing, or experience of the bidder justifies such rejection in
38 view of the work to be performed. Nothing in this title shall be
39 construed to limit or diminish the power of the water board to do any
40 construction directly by the officers, employees or agents of the water
41 board.
42 § 30. Subdivision 1 of section 1287 of the public authorities law, as
43 amended by chapter 552 of the laws of 1980, is amended to read as
44 follows:
45 1. [Construction contracts other than for resource recovery facilities
46 let by the corporation shall be in conformity with the applicable
47 provisions of section one hundred thirty-five of the state finance law,
48 but the corporation in its discretion may assign such contracts for
49 supervision and coordination to the successful bidder for any subdivi-
50 sion of work for which the corporation receives bids.] Contracts for
51 resource recovery facilities may be awarded by the corporation in the
52 same manner as by a municipality pursuant to section one hundred twen-
53 ty-w of the general municipal law.
54 § 31. Paragraph (f) of subdivision 13 of section 1678 of the public
55 authorities law, as added by chapter 825 of the laws of 1987, is amended
56 to read as follows:
S. 6056 123 A. 9556
1 (f) To sell, convey, lease, sublease or otherwise transfer any real
2 property or interest therein held by the authority to any person, firm,
3 association, corporation or agency, including a public body, for the
4 purpose of constructing or otherwise providing thereon a combined occu-
5 pancy structure, provided that, simultaneously therewith, the authority
6 enters into an agreement for the reconveyance, purchase, lease, sublease
7 or other acquisition of the court facilities to be contained in such
8 combined occupancy structures.
9 Any contract undertaken or financed by the dormitory authority for any
10 construction, reconstruction, rehabilitation or improvement of any court
11 facilities or combined occupancy structures shall comply with the
12 provisions of [sections one hundred one and] section one hundred three
13 of the general municipal law.
14 § 32. Paragraph a of subdivision 2 of section 1680 of the public
15 authorities law, as amended by chapter 563 of the laws of 1990, the
16 second undesignated paragraph as amended by chapter 264 of the laws of
17 1995, is amended to read as follows:
18 a. [The dormitory authority is hereby authorized and empowered upon
19 application of the educational institution concerned to acquire, design,
20 construct, reconstruct, rehabilitate and improve, or otherwise provide
21 and furnish and equip dormitories and attendant facilities for any
22 educational institution, provided that any contract undertaken or
23 financed by the dormitory authority for any construction, recon-
24 struction, rehabilitation or improvement of any building or structure
25 commenced after September first, nineteen hundred seventy-four for the
26 Gananda school district or the Gananda educational facilities corpo-
27 ration, or any agency, board or commission therein, or any official
28 thereof, shall comply with the provisions of section one hundred one of
29 the general municipal law and the specifications for such contract may
30 provide for assignment of responsibility for coordination of any of the
31 contracts for such work to a single responsible and qualified person,
32 firm or corporation; provided, however, that all contracts for
33 construction of buildings on behalf of Queens Hospital Center shall be
34 in conformity with the provisions of section one hundred one of the
35 general municipal law; provided that any contracts for the construction,
36 reconstruction, rehabilitation or improvement of any public work project
37 undertaken by the dormitory authority of any facility for the aged for
38 any political subdivision of the state or any district therein or agen-
39 cy, department, board or commission thereof, or any official thereof,
40 shall comply with the provisions of section one hundred thirty-five of
41 the state finance law; and provided further that any contract undertaken
42 or financed by the dormitory authority for any construction, recon-
43 struction, rehabilitation or improvement of any building commenced after
44 January first, nineteen hundred eighty-nine for the department of health
45 shall comply with the provisions of section one hundred thirty-five of
46 the state finance law.]
47 Each educational institution defined in subdivision one of this
48 section, except the department of health of the state of New York,
49 shall, when authorized by an appropriate resolution adopted by its
50 governing board or, when permitted, adopted by an appropriate committee
51 of such governing board, have power: (i) to convey or cause to be
52 conveyed to the authority real property or rights in real property
53 required in connection with the construction and financing of a dormito-
54 ry by the authority for such educational institution; or (ii) to enter
55 into agreements or leases or both with the dormitory authority pursuant
56 to subdivision sixteen of section sixteen hundred seventy-eight of this
S. 6056 124 A. 9556
1 [chapter] title and to paragraph e of this subdivision, or both, or, in
2 the case of the department of health of the state of New York, providing
3 that legislation or appropriations which specifies the facilities to be
4 acquired, constructed, reconstructed, rehabilitated or improved for the
5 department of health of the state of New York and the total estimated
6 costs for each such facility, not to exceed four hundred [seventy three]
7 seventy-three million five hundred thousand dollars in the aggregate,
8 shall have been approved by the legislature, the commissioner of health
9 shall have power: (i) to convey or cause to be conveyed to the authority
10 real property or rights in real property required in connection with the
11 construction and financing of a dormitory by the authority for such
12 educational institution; or (ii) to enter into agreements or leases or
13 both with the dormitory authority pursuant to subdivision sixteen of
14 section sixteen hundred seventy-eight of this [chapter] title and to
15 paragraph e of this subdivision or both. The educational institution for
16 which such dormitory and attendant facility is intended to be provided
17 shall approve the plans and specifications and location of such dormito-
18 ry and attendant facility. The dormitory authority shall have the same
19 power and authority in respect to such dormitories and attendant facili-
20 ties provided pursuant to this subdivision that it has relative to other
21 dormitories.
22 § 33. Paragraph f of subdivision 27 of section 1680 of the public
23 authorities law, as added by chapter 202 of the laws of 1990, is
24 REPEALED.
25 § 34. Paragraph a of subdivision 1 of section 1734 of the public
26 authorities law, as added by chapter 738 of the laws of 1988, is amended
27 to read as follows:
28 a. All contracts for the construction, reconstruction, improvement,
29 rehabilitation, maintenance, repair, furnishing, equipping of or other-
30 wise providing for educational facilities for the city board may be
31 awarded in accordance with the provisions of this section, notwithstand-
32 ing the provisions of section eight of the public buildings law, section
33 one hundred three of the general municipal law, [section one hundred
34 thirty-five of the state finance law,] section seven of the New York
35 state financial emergency act for the city of New York or of any other
36 provision of general, special or local law, charter or administrative
37 code.
38 § 35. Paragraph b of subdivision 1 of section 1734 of the public
39 authorities law is REPEALED.
40 § 36. Section 1735 of the public authorities law, as added by chapter
41 738 of the laws of 1988, subdivision 1 as amended by chapter 410 of the
42 laws of 1999 and subdivision 4 as amended by chapter 491 of the laws of
43 2000, is amended to read as follows:
44 § 1735. Certain contracts of the authority. 1. [Notwithstanding the
45 provisions of paragraph b of subdivision one of section seventeen
46 hundred thirty-four of this title, the award of construction contracts
47 by the authority between July first, nineteen hundred eighty-nine and
48 June thirtieth, two thousand two, shall not be subject to the provisions
49 of section one hundred one of the general municipal law.
50 2.] Notice of the invitation for bids for contracts to be awarded
51 pursuant to this section shall state the time and place of the receipt
52 and opening of bids.
53 [3. All bidders shall submit to the authority, prior to the opening of
54 a bid for the award of a contract under this section, a sealed list
55 identifying the names of each subcontractor each contractor proposes to
S. 6056 125 A. 9556
1 utilize under the contract for the performance of the following subdivi-
2 sions of work:
3 a. Plumbing and gas fitting;
4 b. Steam heating, hot water heating, ventilating and air conditioning
5 apparatus; and
6 c. Electric wiring and standard illuminating fixtures.
7 The low bidder shall specify in such list the estimated value to be
8 paid each such subcontractor for the work to be performed by such
9 subcontractor. After the authority has announced the low bidder at the
10 bid opening, the authority shall open only such low bidder's separate
11 sealed list and shall read aloud such subcontractors listed therein. All
12 such sealed lists except those of the low bidder shall be returned
13 unopened to their respective contractors following the awarding of a
14 contract.
15 4.] 2. The authority shall establish a committee to review and report
16 on contracts issued pursuant to this section and on the procedures and
17 methodology of the authority in awarding such contracts. The review
18 shall include, but not be limited to, the degree to which contractors
19 awarded contracts pursuant to [such paragraph] section seventeen hundred
20 thirty-four of this title, and the subcontractors utilized by them,
21 utilize employees who are represented by labor organizations, comply
22 with existing labor standards, maintain harmonious labor relations and
23 recognize state approved apprentice programs. The committee shall, from
24 time to time, issue economic and statistical reports dealing with the
25 costs of construction under this article. Such reports shall deal with
26 the costs of labor, material, equipment and profit. The committee shall
27 have no authority to approve or disapprove contracts. The committee
28 shall be composed of two representatives from the authority, one repre-
29 sentative from the board, two representatives from construction-related
30 labor organizations and two representatives from the construction indus-
31 try[, at least one of whom shall be involved in the subdivisions of work
32 described in subdivision three of this section]. The president of the
33 authority shall designate the members of the committee, provided, howev-
34 er, that the president shall designate the representatives of labor
35 organizations from a list of names submitted by the New York state AFL-
36 CIO.
37 [5.] 3. In awarding contracts pursuant to this section the authority
38 shall, in addition to the factors set forth in subdivision three of
39 section seventeen hundred thirty-four of this title, consider the
40 following factors when establishing a list of pre-qualified bidders for
41 construction work: (a) the degree to which a contractor or subcontractor
42 utilizes employees who are represented by a labor organization; (b) the
43 absence of any intentional misrepresentation with regard to lists of
44 subcontractors [previously submitted pursuant to the provisions of
45 subdivision two of this section]; and (c) the record of the bidder in
46 complying with existing labor standards, maintaining harmonious labor
47 relations and recognizing state approved apprentice programs.
48 [6.] 4. The authority shall provide in its construction, erection or
49 alteration contracts which implement a five year educational facilities
50 capital plan a provision that shall require each contractor to make
51 prompt payment to its subcontractors [performing each subdivision of
52 work listed in subdivision three of this section]. Within seven calendar
53 days of the receipt of any payment from the authority, the contractor
54 shall pay to each such subcontractor that portion of the proceeds of
55 such payment representing the value of the work performed by such
56 subcontractor, based upon the actual value of the subcontract, which has
S. 6056 126 A. 9556
1 been approved and paid for by the authority, less an amount necessary to
2 satisfy any claims, liens or judgments against the subcontractor which
3 have not been suitably discharged and less any amount retained by the
4 contractor as provided herein. For such purpose, the subcontract may
5 provide that the contractor may retain not more than five per centum of
6 each payment to the subcontractor or not more than ten per centum of
7 each such payment if prior to entering into the subcontract the subcon-
8 tractor is unable or unwilling to provide, at the request of the
9 contractor, a performance bond and a labor and material bond both in the
10 amount of the subcontract.
11 At the time of making a payment to the contractor for work performed
12 by the subcontractors [set forth in subdivision three of this section],
13 the authority shall file in its office for review a record of such
14 payment. If any such subcontractor shall notify the authority and the
15 contractor in writing that the contractor has failed to make a payment
16 to it as provided herein and the contractor shall fail, within five
17 calendar days after receipt of such notice, to furnish either proof of
18 such payment or notice that the amount claimed by the subcontractor is
19 in dispute, the authority shall withhold from amounts then or thereafter
20 becoming due and payable to the contractor, other than from amounts
21 becoming due and payable to the contractor representing the value of
22 work approved by the authority and performed by other subcontractors and
23 which the contractor is required to pay to such subcontractors within
24 seven calendar days as herein provided, an amount equal to that portion
25 of the authority's prior payment to the contractor which the subcontrac-
26 tor claims to be due it, shall remit the amount when and so withheld to
27 the subcontractor and deduct such payment from the amounts then other-
28 wise due and payable to the contractor, which payment shall, as between
29 the contractor and the authority, be deemed a payment by the authority
30 to the contractor. In the event the contractor shall notify the authori-
31 ty as above provided that the claim of the subcontractor is in dispute,
32 the authority shall withhold from amounts then or thereafter becoming
33 due and payable to the contractor, other than from amounts becoming due
34 and payable to the contractor representing the value of work approved by
35 the authority and performed by other subcontractors and which the
36 contractor is required to pay to such subcontractors within seven calen-
37 dar days as herein provided, an amount equal to that portion of the
38 authority's prior payment to the contractor which the subcontractor
39 claims to be due it and deposit such amount when and so withheld in a
40 separate interest-bearing account pending resolution of the dispute, and
41 the amount so deposited together with the interest thereon shall be paid
42 to the party or parties ultimately determined to be entitled thereto, or
43 until the contractor and subcontractor shall otherwise agree as to the
44 disposition thereof. In the event the authority shall be required to
45 withhold amounts from a contractor for the benefit of more than one
46 subcontractor, the amounts so withheld shall be applied to or for such
47 subcontractors in the order in which the written notices of nonpayment
48 have been received by the authority, and if more than one such notice
49 was received on the same day, proportionately based upon the amount of
50 the subcontractor claims received on such day. Nothing herein contained
51 shall prevent the authority from commencing an interpleader action to
52 determine entitlement to a disputed payment in accordance with section
53 one thousand six of the civil practice law and rules, or any successor
54 provision thereto.
55 Payment to a subcontractor shall not relieve the contractor from
56 responsibility for the work covered by the payment. Except as otherwise
S. 6056 127 A. 9556
1 provided, nothing contained herein shall create any obligation on the
2 part of the authority to pay any subcontractor, nor shall anything
3 provided herein serve to create any relationship in contract or other-
4 wise, implied or expressed, between the subcontractor and the authority.
5 [The provisions of this subdivision shall not be applicable to the
6 subcontractors of a contractor whose contract is limited to the perform-
7 ance of a single subdivision of work listed in subdivision three of this
8 section.
9 7.] 5. The provisions of this section shall cease to be in effect in
10 the event any of the provisions of this section shall be adjudged to be
11 invalid by the final judgment of a court of competent jurisdiction from
12 which judgment all appeals or applications for relief have been
13 exhausted or the time therefor has expired, provided, however, that such
14 appeals or applications are pursued promptly.
15 § 37. Subdivision 1 of section 1840-n of the public authorities law,
16 as added by chapter 273 of the laws of 1979, is amended to read as
17 follows:
18 1. Construction contracts let by the authority or a local development
19 corporation shall be in conformity with the applicable provisions of
20 [sections one hundred thirty-five and] section one hundred forty-four of
21 the state finance law.
22 § 38. Section 1949-d of the public authorities law, as added by chap-
23 ter 130 of the laws of 1996, is amended to read as follows:
24 § 1949-d. Contracts. All contracts for construction shall be let [by
25 the authority in conformity with the applicable provisions of section
26 one hundred thirty-five of the state finance law and shall be let] in
27 accordance with the provisions of state law pertaining to prevailing
28 wages, labor standards and working hours.
29 The authority may, in its discretion, assign contracts for supervision
30 and coordination to the successful bidder for any subdivision of work
31 for which the authority receives bids. The authority shall not award any
32 construction contract except to the lowest bidder who, in its opinion,
33 is qualified to perform the work required and who is responsible and
34 reliable. The authority may, however, reject any or all bids or waive
35 any informality in a bid if it believes that the public interest will be
36 promoted thereby. The authority may reject any bid if, in its judgment,
37 the business and technical organization, plant, resources, financial
38 standing, or experience of the bidder justifies such rejection in view
39 of the work to be performed.
40 § 39. Subdivision 4 of section 1974 of the public authorities law, as
41 amended by chapter 596 of the laws of 1973, is amended to read as
42 follows:
43 4. To acquire, construct, improve, enlarge, operate and maintain a
44 project within the project area as defined herein and all other struc-
45 tures, appurtenances and facilities necessary or convenient in
46 connection therewith, [provided, however, that all contracts for
47 construction let by the authority shall be let in conformity with the
48 provisions of section one hundred thirty-five of the state finance law,]
49 except that contracts for construction let by subsidiaries of the
50 authority shall be governed [instead] by the applicable provisions of
51 the private housing finance law;
52 § 40. Subdivision 1 of section 2051-p of the public authorities law,
53 as added by chapter 667 of the laws of 1988, is amended to read as
54 follows:
55 1. All contracts or orders, for work, material or supplies performed
56 or furnished in connection with construction, shall be awarded by the
S. 6056 128 A. 9556
1 agency pursuant to resolution of the governing body except as hereinaft-
2 er provided. Such awards, when applicable, shall be made in compliance
3 with paragraph (e) of subdivision four and subdivision seven[, except
4 paragraph (b),] of section one hundred twenty-w of the general municipal
5 law. In any construction contract, the agency may provide a program for
6 the payment of damages for delays and incentive awards in order to
7 encourage timely project completion. An action, suit or proceeding
8 contesting the validity of a contract awarded pursuant to this section,
9 or the validity of the procedures relating to such award, shall be
10 governed by the provisions of subdivision six of section one hundred
11 twenty-w of the general municipal law and the term "municipality" as
12 used in such subdivision six shall mean the agency.
13 § 41. Subdivision 2 of section 2350-o of the public authorities law is
14 REPEALED and subdivision 3 is renumbered subdivision 2.
15 § 42. Paragraph (a) of subdivision 6 of section 2466 of the public
16 authorities law is REPEALED and paragraphs (b) and (c) are relettered
17 paragraphs (a) and (b).
18 § 43. Subdivision 1 of section 2508 of the public authorities law, as
19 added by chapter 816 of the laws of 1973, is amended to read as follows:
20 1. All contracts for the construction, reconstruction, rehabilitation
21 or improvement of buildings or structures shall be let in the manner
22 provided by law for contracts of the city. The authority [in] if prepar-
23 ing separate specifications may provide for assignment of responsibility
24 for coordination of any of the contracts for such work to a responsible
25 person, firm or corporation.
26 § 44. Section 2591 of the public authorities law, as added by chapter
27 545 of the laws of 2000, is amended to read as follows:
28 § 2591. Contracts. 1. [Construction contracts let by the authority
29 shall be in conformity with the applicable provisions of section one
30 hundred thirty-five of the state finance law.
31 2.] The authority may, in its discretion, assign contracts for super-
32 vision and coordination to the successful bidder for any subdivision of
33 work for which the authority receives bids. Any construction contract
34 awarded by the authority shall contain such other terms and conditions
35 as the authority may deem desirable. The authority shall not award any
36 construction contract except to the lowest bidder who, in its opinion,
37 is qualified to perform the work required and who is responsible and
38 reliable. The authority may, however, reject any or all bids or waive
39 any informality in a bid if it believes that the public interest will be
40 promoted thereby. The authority may reject any bid, if, in its judgment,
41 the business and technical organization, plant, resources, financial
42 standing, or experience of the bidder justifies such rejection in view
43 of the work to be performed.
44 [3.] 2. All contracts or leases for the construction, reconstruction,
45 rehabilitation or improvement of buildings let by the authority shall
46 comply with the provisions of section two hundred twenty of the labor
47 law.
48 [4.] 3. For the purposes of article fifteen-A of the executive law
49 only, the authority shall be deemed a state agency as that term is used
50 in such article, and all contracts for procurement, design,
51 construction, services and materials shall be deemed state contracts
52 within the meaning of that term as set forth in such article.
53 [5.] 4. If after consideration, the authority determines acting within
54 its discretion and proprietary capacity that given the purpose of any
55 project and the impact of delay, the possibility of cost savings advan-
56 tages, and the local history of labor unrest, if any, its interest in
S. 6056 129 A. 9556
1 obtaining the best work at the lowest possible price and preventing
2 favoritism, fraud and corruption are best met by requiring a project
3 labor agreement as an incident of any contract let by the authority
4 regarding any project, it may require such a project labor agreement.
5 § 45. Subdivision 1 of section 2620 of the public authorities law, as
6 added by chapter 404 of the laws of 1981, is amended to read as follows:
7 1. Construction contracts let by the authority shall be in conformity
8 with the applicable provisions of [sections one hundred thirty-five and]
9 section one hundred forty-four of the state finance law.
10 § 46. Section 2642-m of the public authorities law, as added by chap-
11 ter 75 of the laws of 2000, is amended to read as follows:
12 § 2642-m. Contracts. 1. All contracts for the construction, recon-
13 struction, rehabilitation or improvement of buildings let by the author-
14 ity shall comply with the provisions of section two hundred twenty of
15 the labor law and shall also be subject to the provisions of law appli-
16 cable to contracts let by a municipal corporation, except as otherwise
17 provided herein.
18 2. [All contracts for the construction, reconstruction, rehabilitation
19 or improvement of buildings let by the authority shall be in conformity
20 with the applicable provisions of section one hundred thirty-five of the
21 state finance law.
22 3.] The authority may, in its discretion, assign contracts for super-
23 vision and coordination to the successful bidder for any subdivision of
24 work for which the authority receives bids. Any construction contract
25 awarded by the authority shall contain such other terms and conditions
26 as the authority may deem desirable. The authority shall award any
27 construction contract involving an expenditure of more than five thou-
28 sand dollars to the lowest bidder who, in its opinion, is qualified to
29 perform the work required and who is responsible and reliable. The
30 authority may, however, reject any or all bids or waive any informality
31 in a bid if it believes that the public interest will be promoted there-
32 by. The authority may reject any bid, if, in its judgment, the business
33 and technical organization, plant, resources, financial standing, or
34 experience of the bidder justifies such rejection in view of the work to
35 be performed.
36 [4.] 3. For the purposes of article fifteen-A of the executive law
37 only, the authority shall be deemed a state agency as that term is used
38 in such article, and all contracts for procurement, design,
39 construction, services and materials shall be deemed state contracts
40 within the meaning of that term as set forth in such article.
41 § 47. Section 2656 of the public authorities law, as added by chapter
42 124 of the laws of 1998, subdivision 3 as amended by chapter 631 of the
43 laws of 2002, is amended to read as follows:
44 § 2656. Contracts. 1. [Construction contracts let by the authority
45 shall be in conformity with the applicable provisions of section one
46 hundred thirty-five of the state finance law.
47 2.] The authority may, in its discretion, assign contracts for super-
48 vision and coordination to the successful bidder for any subdivision of
49 work for which the authority receives bids. Any construction contract
50 awarded by the authority shall contain such other terms and conditions
51 as the authority may deem desirable. The authority shall not award any
52 construction contract except to the lowest bidder who, in its opinion,
53 is qualified to perform the work required and who is responsible and
54 reliable. The authority may, however, reject any or all bids or waive
55 any informality in a bid if it believes that the public interest will be
56 promoted thereby. The authority may reject any bid, if, in its judgment,
S. 6056 130 A. 9556
1 the business and technical organization, plant, resources, financial
2 standing, or experience of the bidder justifies such rejection in view
3 of the work to be performed.
4 [3.] 2. Each contract to which the authority is a party including, but
5 not limited to, any contract, lease, grant, bond, covenant, or other
6 debt agreement entered into directly or indirectly by the authority
7 financing in whole or in part, the construction, demolition, recon-
8 struction, excavation, rehabilitation, repair, renovation or alteration
9 of a building or an improvement to property shall require that employ-
10 ers, contractors and sub-contractors shall comply with the provisions of
11 section two hundred twenty of the labor law.
12 [4.] 3. For the purposes of article fifteen-A of the executive law
13 only, the authority shall be deemed a state agency as that term is used
14 in such article, and all contracts for procurement, design,
15 construction, services and materials shall be deemed state contracts
16 within the meaning of that term as set forth in such article[;].
17 § 48. Subdivision 1 of section 2680-q of the public authorities law,
18 as added by chapter 632 of the laws of 1999, is amended to read as
19 follows:
20 1. The authority shall let contracts for construction or purchase of
21 supplies, materials, or equipment pursuant to [sections one hundred one
22 and] section one hundred three of the general municipal law. Nothing in
23 this section shall be construed to limit the powers of the authority to
24 do any construction directly by the officers, agents and employees of
25 the authority.
26 § 49. Subdivision 1 of section 2722 of the public authorities law is
27 REPEALED and subdivisions 2 and 3 are renumbered subdivisions 1 and 2.
28 § 50. Section 2768 of the public authorities law, as added by chapter
29 663 of the laws of 1989, is amended to read as follows:
30 § 2768. Contracts. All contracts for construction shall be let by the
31 authority in conformity with the applicable provisions of [section one
32 hundred thirty-five of the state finance law and shall be let in accord-
33 ance with the provisions of] state law pertaining to prevailing wages,
34 labor standards and working hours. [In the case of industrial projects,
35 whenever the authority determines that trade secrets or other confiden-
36 tial information about the prospective project occupant's business oper-
37 ations, products, processes or designs would be revealed by public
38 bidding, the requirements of section one hundred thirty-five of the
39 state finance law with respect to public bidding may be waived. In such
40 event, separate specifications shall be prepared for, and separate and
41 independent contracts shall be entered into, for the following three
42 subdivisions of work to be performed: (a) plumbing and gas fitting; (b)
43 steam heating, hot water heating, ventilating and air conditioning appa-
44 ratus; and (c) electric wiring and standard illuminating fixtures.] The
45 authority may, in its discretion, assign contracts for supervision and
46 coordination to the successful bidder for any subdivision of work for
47 which the authority receives bids. The authority shall not award any
48 construction contract except to the lowest bidder who, in its opinion,
49 is qualified to perform the work required and who is responsible and
50 reliable. The authority may, however, reject any or all bids or waive
51 any informality in a bid if it believes that the public interest will be
52 promoted thereby. The authority may reject any bid if, in its judgment,
53 the business and technical organization, plant, resources, financial
54 standing, or experience of the bidder justifies such rejection in view
55 of the work to be performed.
S. 6056 131 A. 9556
1 § 51. Section 2794 of the public authorities law, as added by chapter
2 686 of the laws of 1993, is amended to read as follows:
3 § 2794. Contracts. All contracts for construction shall be let by the
4 authority in conformity with the applicable provisions of [section one
5 hundred thirty-five of the state finance law and shall be let in accord-
6 ance with the provisions of] state law pertaining to prevailing wages,
7 labor standards and working hours.
8 The authority may, in its discretion, assign contracts for supervision
9 and coordination to the successful bidder for any subdivision of work
10 for which the authority receives bids. The authority shall not award any
11 construction contract except to the lowest bidder who, in its opinion,
12 is qualified to perform the work required and who is responsible and
13 reliable. The authority may, however, reject any or all bids or waive
14 any informality in a bid if it believes that the public interest will be
15 promoted thereby. The authority may reject any bid if, in its judgment,
16 the business and technical organization, plant, resources, financial
17 standing, or experience of the bidder justifies such rejection in view
18 of the work to be performed.
19 § 52. The opening paragraph of subdivision 9 of section 3303 of the
20 public authorities law, as added by chapter 11 of the laws of 1997, is
21 amended to read as follows:
22 It is the intent of the legislature that overall cost should in all
23 cases be a major criterion in the selection of project developers for
24 award of contracts pursuant to this section and that, wherever practi-
25 cal, such contracts should be entered into through competitive bidding
26 procedures as prescribed by [sections one hundred one and] section one
27 hundred three of the general municipal law. It is further the intent of
28 the legislature to acknowledge the highly complex and innovative nature
29 of medical technology, diagnostic and treatment devices, the relative
30 newness of a variety of devices, processes and procedures now available,
31 the desirability of a single point of responsibility for the development
32 of medical treatment and diagnostic facilities and the economic and
33 technical utility of contracts for medical projects which include in
34 their scope various combinations of design, construction, operation,
35 management and/or maintenance responsibility over prolonged periods of
36 time and that in some instances it may be beneficial to the corporation
37 to award a contract for a medical project on the basis of factors other
38 than cost alone, including but not limited to facility design, system
39 reliability, efficiency, safety, and compatibility with other elements
40 of patient care. Accordingly, and notwithstanding the provisions of any
41 general, special or local law or chapter, a contract for a medical
42 project entered into between the corporation and any project developer
43 pursuant to this section may be awarded pursuant to public bidding in
44 compliance with [sections one hundred one and] section one hundred three
45 of the general municipal law or pursuant to the following provisions for
46 the award of a contract based on evaluation of proposals submitted in
47 response to a request for proposals prepared by or for the corporation:
48 § 53. Subdivision 10 of section 3303 of the public authorities law, as
49 added by chapter 11 of the laws of 1997, is amended to read as follows:
50 10. Every contract entered into between the corporation and a project
51 developer, pursuant to the provisions of paragraph (d) of subdivision
52 nine of this section, for a medical project involving construction of a
53 medical building by the project developer, shall contain provisions that
54 such building shall be constructed through construction contracts
55 awarded through competitive bidding in accordance with paragraphs (a)
56 through [(g)] (f) of this subdivision; that the project developer or the
S. 6056 132 A. 9556
1 project developer's construction subcontractor shall furnish a bond
2 guaranteeing prompt payment of moneys that are due to all persons
3 furnishing labor and materials pursuant to the requirements of such
4 construction contracts, and that a copy of such payment bond shall be
5 kept by the corporation and shall be open to public inspection;
6 provided, however, that the requirements of this subdivision shall not
7 apply when the cost of such construction, exclusive of the cost of
8 medical equipment and devices, is less than seventy-five thousand
9 dollars.
10 (a) The project developer shall advertise for bids for such
11 construction contracts in a daily newspaper having general circulation
12 in the county. Such advertisement shall contain a statement of the time
13 and place where all bids received pursuant to such notice will be
14 publicly opened and read. An employee of the corporation shall be
15 designated to open the bids at the time and place specified in the
16 notice. All bids received shall be publicly opened and read at the time
17 and place so specified. At least five days shall elapse between the
18 publication of such advertisement and date on which the bids are opened.
19 (b) [When the entire cost of constructing such building, exclusive of
20 any medical equipment, apparatus or devices, shall exceed seventy-five
21 thousand dollars, the project developer shall prepare separate specifi-
22 cations for the following subdivisions of such work, so as to permit
23 separate and independent bidding upon each subdivision:
24 (i) plumbing and gas fittings;
25 (ii) steam heating, hot water heating, ventilating and air condition-
26 ing apparatus; and
27 (iii) electric wiring and standard illuminating fixtures.
28 (c) After public competitive bidding, the project developer shall
29 award one or more separate contracts for each of the above subdivisions
30 of such work, whenever separate specifications are required pursuant to
31 paragraph (b) of this subdivision, and one or more contracts for the
32 remainder of such work. The project developer may award such contracts
33 at different times.] Contracts awarded pursuant to this [paragraph]
34 subdivision shall be awarded by the project developer to the lowest
35 responsible and responsive bidder and shall be contracts of the project
36 developer and not of the corporation which shall have no obligation or
37 liabilities, whatsoever, thereunder. The project developer shall have
38 the responsibility for the supervision, coordination, and termination of
39 such contracts, unless otherwise specified in contractual terms between
40 the project developer and the corporation.
41 [(d)] (c) In determining whether a prospective contractor is responsi-
42 ble and responsive, the project developer may require that prospective
43 contractors:
44 (i) have adequate financial resources or the ability to obtain such
45 resources;
46 (ii) be able to comply with the required or proposed delivery or
47 performance schedule;
48 (iii) have a satisfactory record of performance;
49 (iv) have the necessary organization, experience, operational
50 controls, and technical skills, or the ability to obtain them;
51 (v) have the necessary production, construction and technical equip-
52 ment and facilities, or the ability to obtain them; and
53 (vi) be eligible to receive an award under applicable laws and regu-
54 lations and be otherwise qualified.
S. 6056 133 A. 9556
1 [(e)] (d) The project developer may reject any bid of a bidder which
2 the project developer determines to be nonresponsible or nonresponsive
3 to the advertisement for bids.
4 [(f)] (e) The project developer may, in its discretion, reject all
5 bids, and may revise bid specifications and may readvertise for bids as
6 provided herein.
7 [(g)] (f) Only as used in this section:
8 (i) "project developer" means any private corporation, partnership,
9 limited liability company, or individual, or combination thereof which
10 has submitted a proposal in response to a request for proposals;
11 (ii) "construction" shall include reconstruction, rehabilitation or
12 improvement exclusive of the installation and assembly of any medical
13 equipment, apparatus or device;
14 (iii) "medical building" means that component of a medical project
15 constituting appurtenant structures or facilities necessary to house or
16 render the remaining components of the medical project operational.
17 Medical building shall not include apparatus, equipment, devices,
18 systems, supplies or any combination thereof;
19 (iv) "medical project" means any substantial durable apparatus, equip-
20 ment, device or system, or any combination of the foregoing, including
21 services necessary to install, erect, or assemble the foregoing and any
22 appurtenant structures or facilities necessary to house or render the
23 foregoing operational, to be used for the purpose of care, treatment or
24 diagnosis of disease or injury or the relief of pain and suffering of
25 sick or injured persons. Medical projects shall not include ordinary
26 supplies and equipment expended or utilized in the customary care and
27 treatment of patients.
28 § 54. The opening paragraph of subdivision 8 of section 3402 of the
29 public authorities law, as added by chapter 9 of the laws of 1997, is
30 amended to read as follows:
31 It is the intent of the legislature that overall cost should in all
32 cases be a major criterion in the selection of project developers for
33 award of contracts pursuant to this section and that, wherever practi-
34 cal, such contracts should be entered into pursuant to the provisions of
35 [sections one hundred one and] section one hundred three of the general
36 municipal law. It is further the intent of the legislature to acknowl-
37 edge the highly complex and innovative nature of medical technology,
38 diagnostic and treatment devices, the relative newness of a variety of
39 devices, processes and procedures now available, the desirability of a
40 single point of responsibility for the development of medical treatment
41 and diagnostic facilities and the economic and technical utility of
42 contracts for medical projects which include in their scope various
43 combinations of design, construction, operation, management and/or main-
44 tenance responsibility over prolonged periods of time and that in some
45 instances it may be beneficial to the corporation to award a contract
46 for a medical project on the basis of factors other than capital cost
47 alone, including but not limited to facility design, system reliability,
48 efficiency, safety, long-term operating costs and compatibility with
49 other elements of patient care. Accordingly, and notwithstanding the
50 provisions of any general, special or local law or chapter, a contract
51 for a medical project entered into between the corporation and any
52 project developer pursuant to this section may be awarded pursuant to
53 public bidding in compliance with [sections one hundred one and] section
54 one hundred three of the general municipal law or pursuant to the
55 following provisions for the award of a contract based on evaluation of
S. 6056 134 A. 9556
1 proposals submitted in response to a request for proposals prepared by
2 or for the corporation:
3 § 55. Subdivision 9 of section 3402 of the public authorities law, as
4 added by chapter 9 of section 1997, is amended to read as follows:
5 9. Every contract entered into between the corporation and a project
6 developer, pursuant to the provisions of paragraph (d) of subdivision
7 eight of this section, for a medical project involving construction of a
8 medical building by the project developer, shall contain provisions that
9 such building shall be constructed through construction contracts
10 awarded through competitive bidding in accordance with paragraphs (a)
11 through [(g)] (f) of this subdivision; that the project developer or the
12 project developer's construction subcontractor shall furnish a bond
13 guaranteeing prompt payment of moneys that are due to all persons
14 furnishing labor and materials pursuant to the requirements of such
15 construction contracts, and that a copy of such payment bond shall be
16 kept by the corporation and shall be open to public inspection;
17 provided, however, that the requirements of this subdivision shall not
18 apply when the cost of such construction, exclusive of the cost of
19 medical equipment and devices, is less than seventy-five thousand
20 dollars.
21 (a) The project developer shall advertise for bids for such
22 construction contracts in a daily newspaper having general circulation
23 in the county. Such advertisement shall contain a statement of the time
24 and place where all bids received pursuant to such notice will be
25 publicly opened and read. An employee of the corporation shall be
26 designated to open the bids at the time and place specified in the
27 notice. All bids received shall be publicly opened and read at the time
28 and place so specified. At least five days shall elapse between the
29 publication of such advertisement and date on which the bids are opened.
30 (b) [When the entire cost of constructing such building, exclusive of
31 any medical equipment, apparatus or devices, shall exceed seventy-five
32 thousand dollars, the project developer shall prepare separate specifi-
33 cations for the following subdivisions of such work, so as to permit
34 separate and independent bidding upon each subdivision:
35 (i) plumbing and gas fittings;
36 (ii) steam heating, hot water heating, ventilating and air condition-
37 ing apparatus; and
38 (iii) electric wiring and standard illuminating fixtures.
39 (c) After public competitive bidding, the project developer shall
40 award one or more separate contracts for each of the above subdivisions
41 of such work, whenever separate specifications are required pursuant to
42 paragraph (b) of this subdivision, and one or more contracts for the
43 remainder of such work. The project developer may award such contracts
44 at different times.] Contracts awarded pursuant to this [paragraph]
45 subdivision shall be awarded by the project developer to the lowest
46 responsible and responsive bidder and shall be contracts of the project
47 developer and not of the corporation which shall have no obligation or
48 liabilities, whatsoever, thereunder. The project developer shall have
49 the responsibility for the supervision, coordination, and termination of
50 such contracts, unless otherwise specified in contractual terms between
51 the project developer and the corporation.
52 [(d)] (c) In determining whether a prospective contractor is responsi-
53 ble and responsive, the project developer may require that prospective
54 contractors:
55 (i) have adequate financial resources or the ability to obtain such
56 resources;
S. 6056 135 A. 9556
1 (ii) be able to comply with the required or proposed delivery or
2 performance schedule;
3 (iii) have a satisfactory record of performance;
4 (iv) have the necessary organization, experience, operational
5 controls, and technical skills, or the ability to obtain them;
6 (v) have the necessary production, construction and technical equip-
7 ment and facilities, or the ability to obtain them; and
8 (vi) be eligible to receive an award under applicable laws and regu-
9 lations and be otherwise qualified.
10 [(e)] (d) The project developer may reject any bid of a bidder which
11 the project developer determines to be nonresponsible or nonresponsive
12 to the advertisement for bids.
13 [(f)] (e) The project developer may, in its discretion, reject all
14 bids, and may revise bid specifications and may readvertise for bids as
15 provided herein.
16 [(g)] (f) Only as used in this section:
17 (i) "project developer" means any private corporation, partnership,
18 limited liability company, or individual, or combination thereof which
19 has submitted a proposal in response to a request for proposals;
20 (ii) "construction" shall include reconstruction, rehabilitation or
21 improvement exclusive of the installation and assembly of any medical
22 equipment, apparatus or device;
23 (iii) "medical building" means that component of a medical project
24 constituting appurtenant structures or facilities necessary to house or
25 render the remaining components of the medical project operational.
26 Medical building shall not include apparatus, equipment, devices,
27 systems, supplies or any combination thereof;
28 (iv) "medical project" means any substantial durable apparatus, equip-
29 ment, device or system, or any combination of the foregoing, including
30 services necessary to install, erect, or assemble the foregoing and any
31 appurtenant structures or facilities necessary to house or render the
32 foregoing operational, to be used for the purpose of care, treatment or
33 diagnosis of disease or injury or the relief of pain and suffering of
34 sick or injured persons. Medical projects shall not include ordinary
35 supplies and equipment expended or utilized in the customary care and
36 treatment of patients.
37 § 56. The opening paragraph of subdivision 8 of section 3603 of the
38 public authorities law, as added by chapter 507 of the laws of 1999, is
39 amended to read as follows:
40 It is the intent of the legislature that overall costs should in all
41 cases [by] be a major criterion in the selection of project developers
42 for the award of contracts pursuant to this section and that, wherever
43 practical, such contracts should be entered into through competitive
44 bidding procedures as prescribed by [sections one hundred one and]
45 section one hundred three of the general municipal law. It is further
46 the intent of the legislature to acknowledge the highly complex and
47 innovative nature of medical technology, diagnostic and treatment
48 devices, the relative newness of a variety of devices, processes and
49 procedures now available, the desirability of a single point of respon-
50 sibility for the development of medical treatment and diagnostic facili-
51 ties and the economic and technical utility of contracts for medical
52 projects which include in their scope various combinations of design,
53 construction, operation, management and/or maintenance responsibility
54 over prolonged periods of time. In some instances it may be beneficial
55 to the corporation to award a contract for a medical project on the
56 basis of factors other than cost alone, including but not limited to
S. 6056 136 A. 9556
1 facility design, system reliability, efficiency, safety, and compatibil-
2 ity with other elements of patient care. Accordingly, and notwithstand-
3 ing the provisions of any general, special or local law, a contract for
4 a medical project entered into between the corporation and any project
5 developer pursuant to this article may be awarded pursuant to public
6 bidding in compliance with [sections one hundred one and] section one
7 hundred three of the general municipal law or pursuant to the following
8 provisions for the award of a contract based on evaluation of proposals
9 submitted in response to a request for proposals prepared by or for the
10 corporation:
11 § 57. Subdivision 9 of section 3603 of the public authorities law, as
12 added by chapter 507 of the laws of 1999, is amended to read as follows:
13 9. Every contract entered into between the corporation and a project
14 developer, pursuant to the provisions of paragraph (c) of subdivision
15 eight of this section, for a medical project involving construction of a
16 medical building by the project developer, shall contain provisions that
17 such building shall be constructed through construction contracts
18 awarded through bidding in accordance with paragraphs (a) through [(g)]
19 (f) of this subdivision; that the project developer or the project
20 developer's construction subcontractor shall furnish a bond guaranteeing
21 prompt payment of moneys that are due to all persons furnishing labor
22 and materials pursuant to the requirements of such construction
23 contracts, and that a copy of such payment bond shall be kept by the
24 corporation and shall be open to public inspection; provided, however,
25 that the requirements of this subdivision shall not apply when the cost
26 of such construction, exclusive of the cost of medical equipment and
27 devices, is less than seventy-five thousand dollars.
28 (a) The project developer shall advertise for bids for such
29 construction contracts in the official newspaper or newspapers, if any,
30 or otherwise in a newspaper or newspapers designated for such purpose.
31 Such advertisements shall contain a statement of the time and place
32 where all bids received pursuant to such notice will be publicly opened
33 and read. An employee of the corporation shall be designated to open
34 the bids at the time and place specified in the notice. All bids
35 received shall be publicly opened and read at the time and place so
36 specified. At least five days shall elapse between the publication of
37 such advertisement and date on which the bids are opened.
38 (b) [When the entire cost of constructing such building, exclusive of
39 any medical equipment, apparatus or devices, shall exceed seventy-five
40 thousand dollars, the project developer shall prepare separate specifi-
41 cations for the following subdivisions of such work, so as to permit
42 separate and independent bidding upon each subdivision:
43 (i) plumbing and gas fittings;
44 (ii) steam heating, hot water heating, ventilating and air condition-
45 ing apparatus; and
46 (iii) electric wiring and standard illuminating fixtures.
47 (c) After public competitive bidding, the project developer shall
48 award one or more separate contracts for each of the subdivisions of
49 such work set forth in subparagraphs (i), (ii) and (iii) of paragraph
50 (b) of this subdivision, whenever separate specifications are required
51 pursuant to paragraph (b) of this subdivision, and one or more contracts
52 for the remainder of such work. The project developer may award such
53 contract at different times.] Contracts awarded pursuant to this [para-
54 graph] subdivision shall be awarded by the project developer to the
55 lowest responsible and responsive bidder and shall be contracts of the
56 project developer and not of the corporation which shall have no obli-
S. 6056 137 A. 9556
1 gation or liabilities, whatsoever, thereunder. The project developer
2 shall have the responsibility for the supervision, coordination, and
3 termination of such contracts, unless otherwise specified in contractual
4 terms between the project developer and the corporation.
5 [(d)] (c) In determining whether a prospective contractor is responsi-
6 ble and responsive, the project developer may require that prospective
7 contractors:
8 (i) have adequate financial resources or the ability to obtain such
9 resources;
10 (ii) be able to comply with the required or proposed delivery or
11 performance schedule;
12 (iii) have a satisfactory record of performance;
13 (iv) have the necessary organization, experience, operational
14 controls, and technical skills, or the ability to obtain them;
15 (v) have the necessary production, construction and technical equip-
16 ment and facilities, or the ability to obtain them; and
17 (vi) be eligible to receive an award under applicable laws and regu-
18 lations and be otherwise qualified.
19 [(e)] (d) The project developer may reject any bid of a bidder which
20 the project developer determines to be nonresponsible or nonresponsive
21 to the advertisement for bids.
22 [(f)] (e) The project developer may, in its discretion, reject all
23 bids, and may revise bid specifications and may readvertise for bids as
24 provided herein.
25 [(g)] (f) As used in this section:
26 (i) "project developer" means any private corporation, partnership,
27 limited liability company, or individual, or combination thereof which
28 has submitted a proposal in response to a request for proposals;
29 (ii) "construction" shall include reconstruction, rehabilitation or
30 improvement exclusive of the installation and assembly of any medical
31 equipment, apparatus or device;
32 (iii) "medical building" means that component of a medical project
33 constituting appurtenant structures or facilities necessary to house or
34 render the remaining components of the medical project operational.
35 Medical building shall not include apparatus, equipment, devices,
36 systems, supplies or any combination thereof;
37 (iv) "medical project" means any substantial durable apparatus, equip-
38 ment, device or system, or any combination of the foregoing, including
39 services necessary to install, erect, or assemble the foregoing and any
40 appurtenant structures or facilities necessary to house or render the
41 foregoing operational, to be used for the purpose of care, treatment or
42 diagnosis of disease or injury or the relief of pain and suffering of
43 sick or injured persons. Medical projects shall not include ordinary
44 supplies and equipment expended or utilized in the customary care and
45 treatment of patients.
46 § 58. Subdivision 4 of section 279-c of the county law, as added by
47 chapter 504 of the laws of 1997, is amended to read as follows:
48 4. Every agreement entered into between the district and a private
49 entity, pursuant to subdivision one of this section, for the
50 construction of a wastewater treatment facility, shall require the
51 payment of all applicable prevailing wages pursuant to section two
52 hundred twenty of the labor law, shall require the furnishing to the
53 district of a performance bond in the full amount of the cost of such
54 construction, shall require that each contractor and subcontractor
55 performing work on such construction furnish a payment bond in the full
56 amount of its contract guaranteeing prompt payment of monies that are
S. 6056 138 A. 9556
1 due to all persons furnishing labor and materials to such contractor or
2 subcontractor[, and shall contain provisions that such construction, if
3 in excess of twenty thousand dollars, shall be conducted pursuant to
4 section one hundred one of the general municipal law]. A copy of the
5 above mentioned payment and performance bonds shall be kept by the
6 district and shall be open to public inspection.
7 § 59. Paragraph c of subdivision 2 of section 8 of section 1 of chap-
8 ter 359 of the laws of 1968, constituting the facilities development
9 corporation act, is amended to read as follows:
10 c. [The corporation shall prepare separate specifications for and
11 solicit separate and independent bids on and award separate contracts on
12 the subdivisions of work to be performed specified in section one
13 hundred thirty-five of the state finance law, but the corporation in its
14 discretion may assign such contracts for supervision to the successful
15 bidder for the remaining work to be performed at the time the contracts
16 for the particular health facility are awarded.] Each contract for the
17 construction of a health facility may include a provision that the
18 architect who designed the facility, or an architect or engineer
19 retained or employed specifically for the purpose of supervision, shall
20 supervise the work to be performed through to completion and shall see
21 to it that the materials furnished and the work performed are in accord-
22 ance with the drawings, plans, specifications and contracts therefor.
23 § 60. Paragraphs b, f, g and h of subdivision 2 of section 9 of
24 section 1 of chapter 359 of the laws of 1968, constituting the facili-
25 ties development corporation act, paragraphs b and f as amended by chap-
26 ter 658 of the laws of 1973, the opening paragraph of subparagraph (i)
27 of paragraph b as amended by chapter 166 of the laws of 1991, paragraph
28 g as amended by chapter 127 of the laws of 2000 and paragraph h as
29 amended by chapter 351 of the laws of 1989, are amended to read as
30 follows:
31 b. (i) The corporation may design, construct, reconstruct, rehabili-
32 tate and improve a mental hygiene facility, other than a community
33 mental health and retardation facility, whether as principal or as agent
34 for the state housing finance agency or the medical care facilities
35 finance agency, only by agreement with the commissioner of general
36 services, except that in the case a mental hygiene facility owned or
37 leased by a voluntary agency that is to be designed, constructed, recon-
38 structed, rehabilitated and improved under any lease, sublease, loan or
39 other financing agreement entered into with such voluntary agency, or
40 jointly with such voluntary agency and one or more voluntary agencies
41 that operate such facility the same may be designed, constructed, recon-
42 structed, rehabilitated and improved by such voluntary agencies, and
43 except that:
44 (a) if the commissioner of general services for any reason declines to
45 enter into an agreement with the corporation for such purpose; or
46 (b) if the commissioner of general services fails to enter into an
47 agreement with the corporation for such purpose within forty-five days
48 after receiving notification from the directors of the corporation of
49 the work to be performed; or
50 (c) if the commissioner of general services fails to advertise such
51 work for bids within one year after entering into an agreement with the
52 corporation for the performance of such work; or
53 (d) if the estimated expense of any such work is less than ten thou-
54 sand dollars, the corporation may construct, reconstruct, rehabilitate
55 and improve a mental hygiene facility by its own employees or by
56 contract awarded pursuant to paragraph [g] f of this subdivision.
S. 6056 139 A. 9556
1 (ii) The corporation, with the approval of the director of the budget,
2 may construct, reconstruct, rehabilitate and improve a community mental
3 health and retardation facility by its own employees, by agreement with
4 a city or county or with any state department or agency authorized to
5 perform such work, or by contract awarded pursuant to paragraph [g] f of
6 this subdivision. All contracts awarded by a city or county on behalf of
7 the corporation shall be awarded pursuant to paragraph [g] f of this
8 subdivision, notwithstanding any provision of any general, special or
9 local law or any charter.
10 f. [If the corporation is the letting agency, whether as principal or
11 as agent for the state housing finance agency, the directors of the
12 corporation shall prepare separate specifications for, and solicit sepa-
13 rate and independent bids on, and award, separate contracts on the
14 subdivisions of work to be performed specified in section one hundred
15 thirty-five of the state finance law, but the directors of the corpo-
16 ration may in their discretion assign such contracts for supervision to
17 the successful bidder for the remaining work to be performed at the time
18 the contracts for the particular mental hygiene facility are awarded.
19 g.] All contracts which are to be awarded pursuant to this paragraph
20 shall be awarded by public letting in accordance with the following
21 provisions, notwithstanding any contrary provision of section one
22 hundred thirty-six, one hundred thirty-nine or one hundred forty of the
23 state finance law, except that in the discretion of the directors of the
24 corporation, a contract may be entered into for such purposes without
25 public letting where the estimated expense thereof is no more than forty
26 thousand dollars:
27 (i) If contracts are to be publicly let, the directors of the corpo-
28 ration shall advertise the invitation to bid in a newspaper published in
29 the county of Albany and in such other newspapers as will be most likely
30 in their opinion to give adequate notice to contractors of the work
31 required and of the invitation to bid. The invitation to bid shall
32 contain such information as the directors of the corporation shall deem
33 appropriate and a statement of the time and place where all bids
34 received pursuant to such notice will be publicly opened and read.
35 (ii) The directors of the corporation shall not award any contract
36 after public bidding except to the lowest bidder who in their opinion is
37 qualified to perform the work required and is responsible and reliable.
38 The directors of the corporation may, however, reject any or all bids,
39 again advertise for bids, or waive any informality in a bid if they
40 believe that the public interest will be promoted thereby. The directors
41 of the corporation may reject any bid if in their judgment the business
42 and technical organization, plant, resources, financial standing or
43 business experience of the bidder, compared with the work to be
44 performed, justify such rejection.
45 (iii) The invitation to bid and the contract awarded shall contain
46 such other terms and conditions, and such provisions for penalties, as
47 the directors of the corporation may deem desirable.
48 (iv) The directors of the corporation shall require such deposits,
49 bonds and security in connection with the submission of bids, the award
50 of contracts and the performance of work as they shall determine to be
51 in the public interest and for the protection of the state and affected
52 state agencies, including the corporation.
53 [h.] g. The directors of the corporation shall determine when minor
54 work of construction, reconstruction, alteration or repair of any mental
55 hygiene facility may be done by special order. Special orders for such
56 work shall be short-form contracts approved by the attorney general and
S. 6056 140 A. 9556
1 by the comptroller. No work shall be done by special order in an amount
2 in excess of twenty thousand dollars and a bond shall not be required
3 for special orders. No work shall be done by special order unless the
4 directors have presented to the comptroller evidence that they have made
5 a diligent effort to obtain competition sufficient to protect the inter-
6 ests of the state prior to selecting the contractor to perform the work.
7 Notwithstanding the provisions of paragraph [g] f of this subdivision,
8 work done by special order under this paragraph may be advertised
9 through the regular public notification service of the office of general
10 services or the state register. At least five days shall elapse between
11 the first publication of such public notice and the date so specified
12 for the public opening of bids. The directors may also authorize the
13 corporation to enter into special order contracts using bids advertised
14 for, received and opened by any office of the department, in compliance
15 with this act and all other applicable laws, and transmitted to the
16 corporation. All payments on special orders shall be made on the certif-
17 icate of the directors of the corporation and audited and approved by
18 the state comptroller. All special orders shall contain a clause that
19 the special order shall only be deemed executory to the extent of the
20 moneys available and no liability shall be incurred by the state beyond
21 the moneys available for the purpose.
22 § 61. Paragraph (c) of section 4 of chapter 560 of the laws of 1980,
23 relating to authorizing the city of New York to adopt a solid waste
24 management law, is amended to read as follows:
25 (c) [Every contract, lease or other agreement entered into, pursuant
26 to this section, by the city of New York for construction, recon-
27 struction, rehabilitation or improvement of buildings for a solid waste
28 recovery and management facility shall contain a provision that, when
29 the entire cost of such work shall exceed fifty thousand dollars, sepa-
30 rate specifications shall be prepared for the following three subdivi-
31 sions of work:
32 (1) Plumbing and gas fitting;
33 (2) Steam heating, hot water heating, ventilating and air conditioning
34 apparatus; and
35 (3) Electric wiring and standard illuminating fixtures.
36 Such specifications shall be drawn to permit the letting of separate
37 and independent contracts by the developer for each of these three
38 subdivisions of work. The city of New York may, at its discretion,
39 direct that such specifications include minimum qualifications for
40 bidders with regard to licensing, bonding capacity, minority partic-
41 ipation, and past performance on prior contracts. Every developer under-
42 taking the construction, reconstruction, rehabilitation, or improvement
43 of the buildings of a solid waste recovery and management facility
44 pursuant to the provisions of its contract with the city of New York
45 shall let separate contracts to the lowest responsible bidder for the
46 three subdivisions of the above specified work, to any persons who are
47 responsible and reliable bidders engaged in these classes of work. Any
48 such contracts shall be contracts of the developer and not of the city
49 of New York. The city of New York shall have no obligations or liabil-
50 ities, whatsoever, thereunder. The developer shall have the responsibil-
51 ity for supervision and coordination of work under such separate
52 contracts.]
53 The city of New York shall [also] have the right to reject any bidder
54 not meeting the reasonable and justifiable qualifications that it has
55 established for bidders. All qualified bidders engaged in the above
56 specified work shall be entitled to bid and to receive, upon request, a
S. 6056 141 A. 9556
1 copy of the plans and specifications. All such bids shall be delivered
2 to such city and be opened publicly at a stated time and place, by a
3 designated municipal employee.
4 Notwithstanding any law or agreement that requires a bond or bonds,
5 the city of New York shall in addition require, prior to the approval of
6 any contract, lease, or agreement providing for the construction, recon-
7 struction, rehabilitation, or improvement of any building for a solid
8 waste recovery and management facility, that the developer, if other
9 than the city of New York, furnish a bond guaranteeing prompt payment of
10 moneys that are due to all persons furnishing labor or materials in the
11 conduct of work provided for in such contract, lease, or other agree-
12 ment. A copy of such payment bond shall be kept by the city and shall be
13 open to public inspection.
14 [The requirements to subcontract, contained herein, shall not apply to
15 the system to be used for receiving, processing, handling or storing
16 waste, or the products and by-products derived therefrom, or materials
17 used in such processing or handling of the system and any equipment or
18 property involving proprietary or trade secrets.]
19 § 62. Section 11 of chapter 795 of the laws of 1967, relating to the
20 construction of boards of cooperative educational services buildings, is
21 REPEALED.
22 § 63. Subdivision 1 of section 11 of section 1 of chapter 174 of the
23 laws of 1968, constituting the New York state urban development corpo-
24 ration act, is amended to read as follows:
25 (1) Construction contracts let by [the corporation shall be in
26 conformity with the applicable provisions of section one hundred thir-
27 ty-five of the state finance law, provided, however, that construction
28 contracts let by] subsidiaries of the corporation which are housing
29 companies shall be governed by the applicable provisions of the private
30 housing finance law[; provided further, however, that in the case of
31 industrial projects, whenever the corporation determines that trade
32 secrets or other confidential information about the prospective project
33 occupant's business operations, products, processes or designs would be
34 revealed by public bidding, the requirements of section one hundred
35 thirty-five of the state finance law with respect to public bidding may
36 be waived. In such event, separate specifications shall be prepared for,
37 and separate and independent contracts shall be entered into, for the
38 following three subdivisions of work to be performed: (a) plumbing and
39 gas fitting; (b) steam heating, hot water heating, ventilating and air
40 conditioning apparatus; and (c) electric wiring and standard illuminat-
41 ing fixtures].
42 § 64. Section 9 of chapter 892 of the laws of 1971, amending the
43 public authorities law relating to construction by the dormitory author-
44 ity, is REPEALED.
45 § 65. Section 21 of chapter 464 of the laws of 1972, amending the
46 public authorities law and other laws relating to providing facilities
47 for community colleges and the powers of the state university trustees,
48 is REPEALED.
49 § 66. Section 29 of chapter 337 of the laws of 1972, amending the
50 correction law and other laws relating to facilities for the department
51 of correctional services, is REPEALED.
52 § 67. Subdivision 3 of section 6 of chapter 345 of the laws of 1968,
53 relating to establishing a United Nations development district and
54 formulating and administering plans for the development of such
55 district, as amended by chapter 623 of the laws of 1971, is amended to
56 read as follows:
S. 6056 142 A. 9556
1 (3) to undertake or cause its subsidiary corporation or corporations
2 to undertake, or otherwise to have undertaken on behalf of the corpo-
3 ration, the execution of a development plan or of a portion thereof, and
4 the financing, acquisition, construction, rehabilitation, improvement,
5 operation and management of any project or portion thereof, including
6 attendant relocation facilities, [provided however, that all contracts
7 let by the corporation or by a subsidiary (rather than a sponsor or a
8 person, firm or corporation acting as sponsor in lieu of the corporation
9 or its subsidiaries) for the erection, construction, or alteration of
10 buildings shall be let in conformity with the provisions of section one
11 hundred thirty-five of the state finance law,]
12 § 68. Subdivision 5 of section 5 of chapter 35 of the laws of 1979,
13 relating to appropriating funds to the New York state urban development
14 corporation, is amended to read as follows:
15 (5) Any contract for construction with respect to the convention
16 center shall be awarded in conformity with the provisions of section
17 eleven of the New York state urban development corporation act, [and
18 section one hundred thirty-five of the state finance law as referred to
19 therein,] provided that the determination by the development corporation
20 of whether a bidder is "responsible" shall include (but need not be
21 limited to) consideration, as set forth in the bidding documents, of the
22 financial and organizational capacity of the bidder in relation to the
23 magnitude of the contract, the record of performance of the bidder on
24 previous work, the record of the bidder in complying with existing labor
25 standards, maintaining harmonious labor relations and recognizing state
26 and federally approved apprentice training programs, and the ability and
27 willingness of the bidder to provide, and to commit to provide, for
28 meaningful participation of minority group persons and business enter-
29 prise in the conduct of the work.
30 § 69. Subdivision 5 of section 4 of chapter 735 of the laws of 1979,
31 relating to providing for construction of an American stock
32 exchange/office facility in New York county, is amended to read as
33 follows:
34 (5) Any contract for construction with respect to the exchange facili-
35 ty shall be awarded in conformity with the provisions of section eleven
36 of the UDC act, [and section one hundred thirty-five of the state
37 finance law as referred to therein,] provided that the determination by
38 the development corporation of whether a bidder is "responsible" shall
39 include (but need not be limited to) consideration, as set forth in the
40 bidding documents, of the financial and organizational capacity of the
41 bidder in relation to the magnitude of the contract, the record of
42 performance of the bidder on previous work, the record of the bidder in
43 complying with existing labor standards, maintaining harmonious labor
44 relations and recognizing state and federally approved apprentice train-
45 ing programs, and the ability and willingness of the bidder to provide,
46 and to commit to provide, for meaningful participation of minority group
47 persons and business enterprise in the conduct of the work.
48 § 70. Section 23 of chapter 825 of the laws of 1987, amending the
49 public authorities law and other laws relating to construction and
50 improvement of court facilities, is amended to read as follows:
51 § 23. Notwithstanding the provisions of any other general, special or
52 local law, charter or ordinance or any provision herein to the contrary,
53 all contracts for construction, reconstruction, rehabilitation or
54 improvements undertaken pursuant to the provisions of this act shall be
55 subject to the provisions of [sections one hundred one and] section one
56 hundred three of the general municipal law.
S. 6056 143 A. 9556
1 § 71. Subdivision 4 of section 10 of chapter 592 of the laws of 1998,
2 constituting the Hudson river park act, is amended to read as follows:
3 4. The trust shall be subject to article 9 of the public authorities
4 law, and its contracts shall be subject to [section 135 of the state
5 finance law and] the provisions of state law pertaining to prevailing
6 wages, labor standards and working hours. The trust shall be deemed a
7 "state agency" for purposes of article 15-A of the executive law and its
8 contracts for procurement, design, construction, services and materials
9 shall be deemed state contracts within the meaning of that term as set
10 forth in such article 15-A.
11 § 72. The provisions of sections two through seventy-one and sections
12 ninety-one through ninety-three of this act shall control all contracts
13 advertised or solicited for bid on or after the effective date of this
14 act under the provisions of any law requiring contracts to be let pursu-
15 ant to provisions of law amended by this act.
16 § 73. Subdivisions (a) and (b) of section 4545 of the civil practice
17 law and rules are REPEALED and subdivisions (c) and (d) are relettered
18 subdivisions (a) and (b).
19 § 74. Subdivision (a) of section 4545 of the civil practice law and
20 rules, as added by chapter 220 of the laws of 1986 and relettered by
21 section seventy-three of this act, is amended to read as follows:
22 (a) Actions for personal injury, injury to property or wrongful death.
23 In any action brought to recover damages for personal injury, injury to
24 property or wrongful death, where the plaintiff seeks to recover for the
25 cost of medical care, dental care, podiatric care, custodial care or
26 rehabilitation services, loss of earnings or other economic loss,
27 evidence shall be admissible for consideration by the court to establish
28 that any such past or future cost or expense was or will, with reason-
29 able certainty, be replaced or indemnified, in whole or in part, from
30 any collateral source such as insurance (except for life insurance),
31 social security (except those benefits provided under title XVIII of the
32 social security act), workers' compensation or employee benefit programs
33 (except such collateral sources entitled by law to liens against any
34 recovery of the plaintiff). If the court finds that any such cost or
35 expense was or will, with reasonable certainty, be replaced or indem-
36 nified from any collateral source, it shall reduce the amount of the
37 award by such finding, minus an amount equal to the premiums paid by the
38 plaintiff for such benefits for the two-year period immediately preced-
39 ing the accrual of such action and minus an amount equal to the project-
40 ed future cost to the plaintiff of maintaining such benefits. In order
41 to find that any future cost or expense will, with reasonable certainty,
42 be replaced or indemnified by the collateral source, the court must find
43 that the plaintiff is legally entitled to the continued receipt of such
44 collateral source, pursuant to a contract or otherwise enforceable
45 agreement, subject only to the continued payment of a premium and such
46 other financial obligations as may be required by such agreement.
47 § 75. Subdivision (e) of rule 4111 of the civil practice law and rules
48 is REPEALED.
49 § 76. Subdivision (f) of rule 4111 of the civil practice law and
50 rules, as amended by chapter 100 of the laws of 1994, is amended to read
51 as follows:
52 [(f)] (e) Itemized verdict in certain actions. In an action brought to
53 recover damages for personal injury, injury to property or wrongful
54 death, which is not subject to [subdivisions] subdivision (d) [and (e)]
55 of this rule, the court shall instruct the jury that if the jury finds a
56 verdict awarding damages, it shall in its verdict specify the applicable
S. 6056 144 A. 9556
1 elements of special and general damages upon which the award is based
2 and the amount assigned to each element including, but not limited to,
3 medical expenses, dental expenses, podiatric expenses, loss of earnings,
4 impairment of earning ability, and pain and suffering. Each element
5 shall be further itemized into amounts intended to compensate for
6 damages that have been incurred prior to the verdict and amounts
7 intended to compensate for damages to be incurred in the future. In
8 itemizing amounts intended to compensate for future damages, the jury
9 shall set forth the period of years over which such amounts are intended
10 to provide compensation. In actions in which article fifty-A or fifty-B
11 of this chapter applies, in computing said damages, the jury shall be
12 instructed to award the full amount of future damages, as calculated,
13 without reduction to present value.
14 § 77. Intentionally omitted.
15 § 78. Subdivision (b) of section 4213 of the civil practice law and
16 rules, as separately amended by chapters 485 and 682 of the laws of
17 1986, is amended to read as follows:
18 (b) Form of decision. The decision of the court may be oral or in
19 writing and shall state the facts it deems essential. In [a medical,
20 dental or podiatric malpractice action or in an action against a public
21 employer or a public employee who is subject to indemnification by a
22 public employer with respect to such action or both, as such terms are
23 defined in subdivision (b) of section forty-five hundred forty-five, for
24 personal injury or wrongful death arising out of an injury sustained by
25 a public employee while acting within the scope of his public employment
26 or duties, and in] any [other] action brought to recover damages for
27 personal injury, injury to property, or wrongful death, a decision
28 awarding damages shall specify the applicable elements of special and
29 general damages upon which the award is based and the amount assigned to
30 each element, including but not limited to medical expenses, dental
31 expenses, podiatric expenses, loss of earnings, impairment of earning
32 ability, and pain and suffering. In [a medical, dental or podiatric
33 malpractice action, and in] any [other] such action [brought to recover
34 damages for personal injury, injury to property, or wrongful death],
35 each element shall be further itemized into amounts intended to compen-
36 sate for damages which have been incurred prior to the decision and
37 amounts intended to compensate for damages to be incurred in the future.
38 In itemizing amounts intended to compensate for future damages, the
39 court shall set forth the period of years over which such amounts are
40 intended to provide compensation. In computing said damages, the court
41 shall award the full amount of future damages, as calculated, without
42 reduction to present value.
43 § 79. Subdivision 1 of section 3-a of the general municipal law, as
44 amended by chapter 4 of the laws of 1991, is amended to read as follows:
45 1. Except as provided in subdivisions two, four and five of this
46 section, the rate of interest to be paid by a municipal corporation upon
47 any judgment or accrued claim against the municipal corporation shall
48 [not exceed nine per centum per annum] be calculated at a rate equal to
49 the weekly average one year constant maturity treasury yield, as
50 published by the board of governors of the federal reserve system, for
51 the calendar week preceding the date of the entry of the judgment award-
52 ing damages. In no event, however, shall a municipal corporation pay a
53 rate of interest on any judgment or accrued claim more than nine per
54 centum per annum.
S. 6056 145 A. 9556
1 § 80. Subdivision 5 of section 157 of the public housing law, as
2 amended by chapter 681 of the laws of 1982, is amended to read as
3 follows:
4 5. The rate of interest to be paid by an authority upon any judgment
5 or accrued claim against the authority shall [not exceed nine per centum
6 per annum] be calculated at a rate equal to the weekly average one year
7 constant maturity treasury yield, as published by the board of governors
8 of the federal reserve system, for the calendar week preceding the date
9 of the entry of the judgment awarding damages. In no event, however,
10 shall an authority pay a rate of interest on any judgment or accrued
11 claim more than nine per centum per annum.
12 § 81. Section 16 of the state finance law, as amended by chapter 681
13 of the laws of 1982, is amended to read as follows:
14 § 16. Rate of interest on judgments and accrued claims against the
15 state. The rate of interest to be paid by the state upon any judgment
16 or accrued claim against the state shall [not exceed nine per centum per
17 annum] be calculated at a rate equal to the weekly average one year
18 constant maturity treasury yield, as published by the board of governors
19 of the federal reserve system, for the calendar week preceding the date
20 of the entry of the judgment awarding damages. In no event, however,
21 shall the state pay a rate of interest on any judgment or accrued claim
22 more than nine per centum per annum.
23 § 82. Section 1 of chapter 585 of the laws of 1939, relating to the
24 rate of interest to be paid by certain public corporations upon judg-
25 ments and accrued claims, as amended by chapter 681 of the laws of 1982,
26 is amended to read as follows:
27 Section 1. The rate of interest to be paid by a public corporation
28 upon any judgment or accrued claim against the public corporation shall
29 [not exceed nine per centum per annum] be calculated at a rate equal to
30 the weekly average one year constant maturity treasury yield, as
31 published by the board of governors of the federal reserve system, for
32 the calendar week preceding the date of the entry of the judgment award-
33 ing damages. In no event, however, shall a public corporation pay a
34 rate of interest on any judgment or accrued claim more than nine per
35 centum per annum. The term "public corporation" as used in this act
36 shall mean and include every corporation created for the construction of
37 public improvements, other than a county, city, town, village, school
38 district or fire district or an improvement district established in a
39 town or towns, and possessing both the power to contract indebtedness
40 and the power to collect rentals, charges, rates or fees for services or
41 facilities furnished or supplied.
42 § 83. Section 3813 of the education law is amended by adding a new
43 subdivision 5 to read as follows:
44 5. Exclusive jurisdiction is hereby conferred upon the court of claims
45 to hear and determine the claims of any person against any of the
46 parties named in this section or the claims of any person against any
47 teacher or member of the supervisory or administrative staff or other
48 officers and employees of such parties that arise out of their employ-
49 ment, for damages for personal injury, injury to property of wrongful
50 death, and to make awards and render judgments therefor. Such claims
51 shall be subject to the court of claims act and shall be heard and
52 determined in the manner provided in such act for the determination of
53 claims against the state; provided, however, that (i) the provisions of
54 section twenty-a of the court of claims act shall not apply to such
55 claims, (ii) notwithstanding any inconsistent provisions of the court of
56 claims act, the provisions of sections fifty-e, fifty-h and fifty-i of
S. 6056 146 A. 9556
1 the general municipal law shall apply to such claims, and (iii) all
2 references in the court of claims act to the attorney general shall be
3 deemed to refer to the chief legal officer of the governing body of the
4 district or school with respect to which the claim is made and all
5 references in such act to the comptroller shall be deemed to refer to
6 the officer or body having power to adjust and pay claims against such
7 district or school.
8 § 84. Subdivision 1 of section 6224 of the education law, as amended
9 by chapter 711 of the laws of 1982, is amended to read as follows:
10 1. (a) The provisions of sections fifty-e, fifty-h and fifty-i of the
11 general municipal law shall, notwithstanding any inconsistent provision
12 of law, continue to apply to actions and proceedings based on a cause of
13 action involving a community college of the city university of New York
14 or an officer, agent, servant or employee of such community college
15 acting in the course of his or her employment. [The] Except as otherwise
16 provided in paragraph (b) of this subdivision, the provisions of subdi-
17 visions four, five and six of this section shall not apply to such
18 actions and proceedings.
19 (b) Exclusive jurisdiction is hereby conferred upon the court of
20 claims to hear and determine the claims of any person against a communi-
21 ty college of the city university of New York or any officer, agent,
22 servant or employee of a community college of the city university of New
23 York that arise out of their employment for damages for personal injury,
24 injury to property or wrongful death and to make awards and render judg-
25 ments therefor. Such claims shall be subject to the court of claims act
26 and shall be heard and determined in the manner provided in such act for
27 the determination of claims against the state; provided, however, that
28 (i) the provisions of section twenty-a of the court of claims act shall
29 not apply to such claims, (ii) notwithstanding any inconsistent
30 provisions of the court of claims act, the provisions of sections
31 fifty-e, fifty-h and fifty-i of the general municipal law shall apply to
32 such claims, and (iii) all references in the court of claims act to the
33 attorney general and the comptroller shall be deemed to refer to the
34 corporation counsel of the city of New York and the comptroller of the
35 city of New York, respectively. All awards and judgments against such
36 college arising out of such claims shall be paid in the manner provided
37 by law for the payment of awards and judgments against the city of New
38 York.
39 § 85. Section 569-a of the public authorities law is amended by adding
40 a new subdivision 3 to read as follows:
41 3. Exclusive jurisdiction is hereby conferred upon the court of claims
42 to hear and determine the claims of any person against the authority or
43 the claims of any person against the officers and employees thereof that
44 arise out of their employment, for damages for personal injury, injury
45 to property or wrongful death and to make awards and render judgments
46 therefor. Such claims shall be subject to the court of claims act and
47 shall be heard and determined in the manner provided in such act for the
48 determination of claims against the state; provided, however, that (i)
49 the provisions of section twenty-a of the court of claims act shall not
50 apply to such claims, (ii) notwithstanding any inconsistent provisions
51 of the court of claims act, the provisions of this section shall apply
52 to such claims, and (iii) all references in the court of claims act to
53 the attorney general and the comptroller shall be deemed to refer to the
54 general counsel of the authority and the authority, respectively. All
55 awards and judgments against the authority arising out of such claims
S. 6056 147 A. 9556
1 shall be paid in the manner provided by law out of the monies of the
2 authority.
3 § 86. Section 1212 of the public authorities law is amended by adding
4 a new subdivision 7 to read as follows:
5 7. Exclusive jurisdiction is hereby conferred upon the court of claims
6 to hear and determine the claims of any person against the authority or
7 the claims of any person against the officers and employees thereof that
8 arise out of their employment, for damages for personal injury, injury
9 to property or wrongful death and to make awards and render judgments
10 therefor. Such claims shall be subject to the court of claims act and
11 shall be heard and determined in the manner provided in such act for the
12 determination of claims against the state; provided, however, that (i)
13 the provisions of section twenty-a of the court of claims act shall not
14 apply to such claims, (ii) notwithstanding any inconsistent provisions
15 of the court of claims act, the provisions of this section shall apply
16 to such claims, and (iii) all references in the court of claims act to
17 the attorney general and the comptroller shall be deemed to refer to the
18 general counsel of the authority and the authority, respectively. All
19 awards and judgments against the authority arising out of such claims
20 shall be paid in the manner provided by law out of the monies of the
21 authority.
22 § 87. Section 1276 of the public authorities law is amended by adding
23 a new subdivision 7 to read as follows:
24 7. Exclusive jurisdiction is hereby conferred upon the court of claims
25 to hear and determine the claims of any person against the authority or
26 the claims of any person against the officers and employees thereof that
27 arise out of their employment, for damages for personal injury, injury
28 to property or wrongful death and to make awards and render judgments
29 therefor. Such claims shall be subject to the court of claims act and
30 shall be heard and determined in the manner provided in such act for the
31 determination of claims against the state; provided, however, that (i)
32 the provisions of section twenty-a of the court of claims act shall not
33 apply to such claims, (ii) notwithstanding any inconsistent provisions
34 of the court of claims act, the provisions of this section shall apply
35 to such claims, and (iii) all references in the court of claims act to
36 the attorney general and the comptroller shall be deemed to refer to the
37 general counsel of the authority and the authority, respectively. All
38 awards and judgments against the authority arising out of such claims
39 shall be paid in the manner provided by law out of the monies of the
40 authority.
41 § 88. Section 402-a of the public housing law is amended by adding a
42 new subdivision 16 to read as follows:
43 16. Exclusive jurisdiction is hereby conferred upon the court of
44 claims to hear and determine the claims of any person against the New
45 York city housing authority or the claims of any person against the
46 employees thereof that arise out of their employment, for damages for
47 personal injury, injury to property or wrongful death and to make awards
48 and render judgments therefor. Such claims shall be subject to the court
49 of claims act and shall be heard and determined in the manner provided
50 in such act for the determination of claims against the state; provided,
51 however, that (i) the provisions of section twenty-a of the court of
52 claims act shall not apply to such claims, (ii) notwithstanding any
53 inconsistent provisions of the court of claims act, the provisions of
54 this section shall apply to such claims, and (iii) all references in the
55 court of claims act to the attorney general and the comptroller shall be
56 deemed to refer to the general counsel of the New York city housing
S. 6056 148 A. 9556
1 authority and the New York city housing authority, respectively. All
2 awards and judgments against the New York city housing authority arising
3 out of such claims shall be paid in the manner provided by law out of
4 the monies of the authority.
5 § 89. Section 618 of the racing, pari-mutuel wagering and breeding law
6 is amended by adding a new subdivision 7 to read as follows:
7 7. Exclusive jurisdiction is hereby conferred upon the court of claims
8 to hear and determine the claims of any person against the corporation
9 or the claims of any person against the employees thereof that arise out
10 of their employment, for damages for personal injury, injury to property
11 or wrongful death and to make awards and render judgments therefor. Such
12 claims shall be subject to the court of claims act and shall be heard
13 and determined in the manner provided in such act for the determination
14 of claims against the state; provided, however, that (i) the provisions
15 of section twenty-a of the court of claims act shall not apply to such
16 claims, (ii) notwithstanding any inconsistent provisions of the court of
17 claims act, the provisions of this section shall apply to such claims,
18 and (iii) all references in the court of claims act to the attorney
19 general and the comptroller shall be deemed to refer to the corporation
20 counsel of the city of New York and the corporation, respectively. All
21 awards and judgments against the corporation arising out of such claims
22 shall be paid in the manner provided by law out of the monies of the
23 corporation.
24 § 90. Section 20 of section 1 of chapter 1016 of the laws of 1969,
25 constituting the New York city health and hospitals corporation act, is
26 amended by adding a new subdivision 2-a to read as follows:
27 2-a. Exclusive jurisdiction is hereby conferred upon the court of
28 claims to hear and determine the claims of any person against the corpo-
29 ration or the claims of any person against the officers and employees
30 thereof that arise out of their employment, for damages for personal
31 injury, injury to property or wrongful death and to make awards and
32 render judgements therefor. Such claims shall be subject to the court of
33 claims act and shall be heard and determined in the manner provided in
34 such act for the determination of claims against the state; provided,
35 however, that (i) the provisions of section 20-a of the court of claims
36 act shall not apply to such claims, (ii) notwithstanding any inconsist-
37 ent provisions of the court of claims act, the provisions of this
38 section shall apply to such claims, and (iii) all references in the
39 court of claims act to the attorney general and the comptroller shall be
40 deemed to refer to the corporation counsel of the city of New York and
41 the comptroller of the city of New York, respectively. All awards and
42 judgments against the corporation arising out of such claims shall be
43 paid in the manner provided by law for the payment of awards and judg-
44 ments against the city of New York.
45 § 91. Section 1136 of the public authorities law, as added by chapter
46 592 of the laws of 1991, is amended to read as follows:
47 § 1136. Construction and purchase contracts. The authority shall let
48 contracts for construction or purchase of supplies, materials or equip-
49 ment pursuant to [sections one hundred one and] section one hundred
50 three of the general municipal law. Nothing in this section shall be
51 construed to limit the powers of the authority to do any construction
52 directly by the officers, agents and employees of the authority.
53 § 92. Section 2052-k of the public authorities law, as added by chap-
54 ter 683 of the laws of 1992, is amended to read as follows:
55 § 2052-k. Construction and purchase contracts. The authority shall let
56 contracts for construction or purchase of supplies, materials, or equip-
S. 6056 149 A. 9556
1 ment pursuant to [sections one hundred one and] section one hundred
2 three of the general municipal law. Nothing in this section shall be
3 construed to limit the powers of the authority to do any construction
4 directly by the officers, agents and employees of the authority.
5 § 93. The opening paragraph of subdivision 10 of section 3628 of the
6 public authorities law, as added by chapter 143 of the laws of 2003, is
7 amended to read as follows:
8 It is the intent of the legislature that overall cost shall in all
9 cases be a major criterion in the selection of project developers for
10 award of contracts pursuant to this section and that, whenever practi-
11 cal, such contracts shall be entered into through competitive bidding
12 procedures, as prescribed by [sections one hundred one and] section one
13 hundred three of the general municipal law. It is further the intent of
14 the legislature to acknowledge the highly complex and innovative nature
15 of medical technology and diagnostic and treatment devices, the relative
16 newness of a variety of devices, processes, and procedures now avail-
17 able, the desirability of a single point of responsibility for the
18 development of medical treatment and diagnostic facilities, and the
19 economic and technical utility of contracts for medical projects which
20 include in their scope various combinations of design, construction,
21 operation, management, or maintenance responsibility, or any combination
22 thereof, over prolonged periods of time, and to acknowledge that, in
23 some instances, it may be beneficial to the corporation to award a
24 contract for a medical project on the basis of factors other than cost
25 alone, including, but not limited to, facility design, system reliabil-
26 ity, efficiency, safety, and compatibility with other elements of
27 patient care. Accordingly, and notwithstanding the provisions of any
28 general, special, or local law or charter, a contract for a medical
29 project entered into between the corporation and any project developer
30 pursuant to this section may be awarded pursuant to public bidding in
31 compliance with [sections one hundred one and] section one hundred three
32 of the general municipal law or pursuant to the following provisions for
33 the award of a contract based on an evaluation of proposals submitted in
34 response to a request for proposals prepared by or for the corporation:
35 § 94. Subdivision c of section 119-n of the general municipal law, as
36 amended by chapter 331 of the laws of 1970, is amended to read as
37 follows:
38 c. The term "joint service" means joint provision of any municipal
39 facility, service, activity, project or undertaking or the joint
40 performance or exercise of any function or power which each of the
41 municipal corporations or districts has the power by any other general
42 or special law to provide, perform or exercise, separately and, to
43 effectuate the purposes of this article, shall include extension of
44 appropriate territorial jurisdiction necessary therefor. For purposes
45 of this article, each municipal corporation shall be deemed to have the
46 power to provide, perform or exercise a joint service which is the
47 subject of an agreement entered into pursuant to section one hundred
48 nineteen-o of this article, upon entering such agreement and for the
49 term of such agreement, where one or more municipal corporations which
50 are parties to the agreement have such power by any other general or
51 special law.
52 § 95. Subdivision 1 of section 119-o of the general municipal law, as
53 amended by chapter 623 of the laws of 1998, is amended to read as
54 follows:
55 1. In addition to any other general or special powers vested in munic-
56 ipal corporations and districts for the performance of their respective
S. 6056 150 A. 9556
1 functions, powers or duties on an individual, cooperative, joint or
2 contract basis, municipal corporations and districts shall have power to
3 enter into, amend, cancel and terminate agreements for the performance
4 among themselves or one for the other of their respective functions,
5 powers and duties on a cooperative or contract basis or for the
6 provision of a joint service or a joint water, sewage or drainage
7 project. Notwithstanding the foregoing grant of authority, the tempo-
8 rary investment of moneys by more than one municipal corporation or
9 district pursuant to a municipal cooperation agreement which meets the
10 definition of "cooperative investment agreement" as set forth in article
11 three-A of this chapter shall be in compliance with all of the require-
12 ments of that article. Any agreement entered into hereunder shall be
13 approved by each participating municipal corporation or district by a
14 majority vote of the voting strength of its governing body. Where
15 the authority of any municipal corporation or district to perform by
16 itself any function, power and duty or to provide by itself any facili-
17 ty, service, activity, project or undertaking or the financing thereof
18 is, by any other general or special law, subject to a public hearing,
19 a mandatory or permissive referendum, consents of governmental agen-
20 cies, or other requirements applicable to the making of contracts,
21 or where its authority to undertake such joint service or function is
22 accorded upon entering the agreement and at least one other party to
23 such agreement is subject to one or more such requirements, then its
24 right to participate in an agreement hereunder shall be similarly
25 conditioned.
26 § 96. Section 3 of the public officers law is amended by adding a new
27 subdivision 2-d to read as follows:
28 2-d. Neither the provisions of this section, nor of any general,
29 special or local law, charter, code, ordinance, resolution, rule or
30 regulation, requiring a person to be a resident of the political subdi-
31 vision or municipal corporation of the state for which he or she shall
32 be chosen or within which his or her official functions are required to
33 be exercised, shall apply to the appointment or assignment of any offi-
34 cer to carry out any lawful function or duty related to the carrying out
35 of an inter-municipal agreement adopted pursuant to article five-G of
36 the general municipal law. Nothing in this subdivision shall invalidate
37 any prior inter-municipal agreement pursuant to article five-G of the
38 general municipal law or any official acts conducted pursuant thereto.
39 § 97. The general municipal law is amended by adding a new article
40 12-I to read as follows:
41 ARTICLE 12-I
42 INTERMUNICIPAL AGREEMENTS TO SHARE REAL PROPERTY TAX REVENUES
43 Section 239-bb. Intermunicipal agreements to share real property tax
44 revenues.
45 § 239-bb. Intermunicipal agreements to share real property tax reven-
46 ues. 1. Legislative findings and intent. The legislature finds that
47 local governments in New York are increasingly looking for new ways to
48 provide necessary services and foster prosperity within their communi-
49 ties. To this end, they have long been provided under law with broad
50 authority to act together for their mutual benefit by forming intermu-
51 nicipal agreements. Such agreements have provided the means for many
52 local governments to provide cost effective services across a broader
53 service area. Additionally, intermunicipal agreements have provided
54 many local governments with the mechanism to formulate local and
55 regional goals for the provision of services and advancing economic
S. 6056 151 A. 9556
1 development. The legislature recognizes that intermunicipal agreements
2 can be an equally effective tool for achieving such goals by establish-
3 ing a method for distributing real property tax increments which have
4 been determined to mutually benefit agreement participants. It is there-
5 fore within the public interest to authorize local governments to enter
6 into intermunicipal agreements for the purpose of sharing real property
7 tax revenues which derive from projects, services or development deemed
8 by such participating local governments to be mutually beneficial.
9 2. Intermunicipal agreements. Cities, towns and villages are hereby
10 authorized to enter into agreements with each other to delineate and
11 establish geographic areas, which may include all or a portion of each
12 municipality, within which any subsequent tax increment may be appor-
13 tioned among the municipalities in such manner as such intermunicipal
14 agreement shall provide.
15 3. Intermunicipal agreements content. Such intermunicipal agreements
16 shall (a) make a finding that the agreement will provide a public bene-
17 fit to each participant by advancing mutual or regional goals; (b)
18 establish a process for identifying and determining the affected proper-
19 ties or boundaries of the tax increment area; (c) identify the types of
20 taxes to be shared; (d) specify the percentage of tax revenues that each
21 municipality shall receive or otherwise establish a formula or other
22 means for determining such amount; (e) specify the duration or expira-
23 tion of the agreement; and (f) include any other matter necessary or
24 desirable to carry out the agreement.
25 4. The tax increment shall be determined for this purpose as follows:
26 (a) For each parcel within the delineated area, the assessor shall
27 separately state on the assessment roll, in a manner prescribed by the
28 state board of real property services, any increase in taxable assessed
29 value of that parcel which is attributable to the construction, alter-
30 ation, installation or improvement of real property occurring since the
31 effective date of the intermunicipal agreement.
32 (b) Each participating municipality which contains some or all of the
33 parcels in the delineated area shall determine its tax rates without
34 regard to any of the increases in taxable assessed value identified
35 pursuant to paragraph (a) of this subdivision.
36 (c) The tax rates so determined shall be applied to the entire taxable
37 assessed value of each parcel within the delineated area, including any
38 increase in taxable assessed value identified pursuant to paragraph (a)
39 of this subdivision, and the taxes so imposed shall be collected and
40 enforced in the usual manner, except that the taxes resulting from the
41 application of such tax rates to any such increases in taxable assessed
42 value shall be segregated upon collection and distributed as provided in
43 the intermunicipal agreement.
44 5. In all respects not inconsistent herewith, the provisions of arti-
45 cle five-G of this chapter shall apply to such intermunicipal agree-
46 ments.
47 § 98. The general municipal law is amended by adding a new article
48 17-A to read as follows:
49 ARTICLE 17-A
50 LOCAL GOVERNMENT MERGERS LAW
51 Section 750. Short title.
52 751. Legislative intent.
53 752. Definitions.
54 753. Plan of merger.
55 754. Ancillary agreements.
56 755. Study committee.
S. 6056 152 A. 9556
1 756. Public hearing.
2 757. Adoption of plan of merger; election.
3 758. Effect of merger; effective date.
4 759. Elections for officers of the surviving local government.
5 760. Effect on county boundaries; city charters.
6 761. Services continued.
7 762. Effect of merger on certain districts.
8 763. Certain districts partially within a surviving local
9 government.
10 764. Sales and compensating use tax transitional provisions.
11 765. Notification and submission of the plan of merger; agency
12 assistance.
13 § 750. Short title. This article shall be known and may be cited as
14 the "local government mergers law".
15 § 751. Legislative intent. It is the intention of the legislature by
16 the enactment of this article to provide a local government mergers law,
17 pursuant to which adjoining local governments may merge their corporate
18 structures through local initiative. The creation and evolution of local
19 governments in this state has constituted a vital part of the state's
20 political and social historical development. Local governments have
21 provided a strong basis for local pride and identification, yet fiscal
22 and other needs may call for merger of the corporate structures. Proce-
23 dures for merger should allow local initiative and implementation of the
24 merger and should recognize and provide a mechanism for continuing local
25 identification with governmental antecedents. Hamlets, which delineate
26 geographic areas within the new government structure but without sepa-
27 rate governmental powers, will provide this mechanism for retention of
28 local identification with traditional governmental entities. The powers
29 accorded by this article shall be in addition to, and shall not serve to
30 limit, any other powers now or hereafter conferred on local governments.
31 § 752. Definitions. As used in this article, unless otherwise express-
32 ly stated or unless the context otherwise requires, the following terms
33 shall mean:
34 1. "Local government". A town, village, city or county, except a city
35 with a population over one million.
36 2. "Merger". The procedure pursuant to this article through which two
37 or more local governments merge into a single local government which
38 shall be one of the constituent local governments.
39 3. "Constituent local government". A local government that is partic-
40 ipating in the merger with one or more other local governments.
41 4. "Surviving local government". The constituent local government into
42 which one or more other constituent local governments are merged. Where
43 one or more constituent local governments is a county, the survivor
44 shall be a county.
45 5. "Governing board". The legislative body of a constituent local
46 government.
47 6. "Adjoining". Two local governments having a common boundary line,
48 however small, shall be deemed to adjoin. More than two local govern-
49 ments shall be deemed to adjoin if each of them has a common boundary
50 line with any of the others. Local governments shall be deemed to adjoin
51 where a common boundary line lies along or within a public highway or a
52 body of water. Where a local government is wholly included within the
53 boundaries of another local government, such governments shall be deemed
54 to adjoin.
S. 6056 153 A. 9556
1 7. "Hamlet". A geographic designation within the surviving local
2 government which may identify a constituent local government's former
3 boundaries for purposes of local place name identification.
4 8. "Board of supervisors". A county board of supervisors as provided
5 in section one hundred fifty of the county law.
6 § 753. Plan of merger. The governing body of each local government
7 proposing to participate in a merger pursuant to this article shall
8 adopt a plan of merger, setting forth:
9 1. The name of each constituent local government, the name of the
10 surviving local government and, where the name of the surviving local
11 government is to be changed, the new name of the surviving local govern-
12 ment.
13 2. The class of government of the surviving local government, and
14 details of the governmental structure to be implemented for the surviv-
15 ing local government.
16 3. A plan for the disposition of property of the constituent local
17 governments.
18 4. A plan for the payment of outstanding obligations and the levy and
19 collection of the necessary taxes and assessments therefor.
20 5. A plan for the apportionment of responsibility and allocation of
21 costs in the event of unanticipated liability incurred prior to the
22 merger.
23 6. The effective date of the merger, including a description of
24 circumstances pursuant to which merger will not take place.
25 7. Where the surviving local government will be a city which is situ-
26 ated in a county governed by a board of supervisors, the method of
27 initial election of supervisors upon approval of the proposition of
28 merger. The number of supervisors to be so elected shall equal the total
29 number of supervisors for the constituent local governments prior to
30 merger.
31 8. The names and geographic areas designated as hamlets of the surviv-
32 ing local government, if any.
33 9. A summary of any ancillary agreements entered into by the constitu-
34 ent local governments prior to or which will be entered into upon
35 adoption of the proposed plan of merger.
36 10. Any other matter necessary or desirable to carry out the proposed
37 merger.
38 § 754. Ancillary agreements. The governing bodies of the constituent
39 local governments may adopt such ancillary agreements necessary or
40 desirable to effect the merger pursuant to the proposed plan of merger.
41 Ancillary agreements may address any matter relating to the merger
42 including but not limited to the continuance of government, interim
43 officers, continuance of services upon merger of the constituent local
44 governments, a description of circumstances upon which merger shall not
45 take place, and any matter relating to transition of government prior to
46 or upon the effective date of merger. The governing bodies of constitu-
47 ent local governments proposing to enter into such agreements shall hold
48 a joint public hearing thereon prior to adoption in the manner provided
49 by section seven hundred fifty-six of this article and may be held in
50 conjunction with a public hearing on a plan of merger.
51 § 755. Study committee. The governing boards of adjoining local
52 governments may appoint a joint study committee on merger. The committee
53 shall be composed of at least one appointee from each adjoining local
54 government. Such committee shall organize and form such subcommittees as
55 it deems necessary or desirable. It shall make a report or reports to
56 the governing boards which created it. The report or reports shall
S. 6056 154 A. 9556
1 consider and make recommendations, where desirable, regarding any
2 subject addressed in a plan of merger, ancillary agreements, and any
3 other related matter it deems necessary or desirable to address.
4 § 756. Public hearing. Prior to adoption of the plan of merger the
5 governing boards of the constituent local governments shall conduct a
6 joint public hearing on the proposed plan of merger upon at least ten
7 and not more than twenty days notice. Such governing board shall cause
8 notice of such public hearing to be published once in their official
9 newspapers, or, if there is no official newspaper, in a newspaper having
10 general circulation in the area of such local governments. The proposed
11 plan of merger and any ancillary agreements shall be available for
12 public inspection at each constituent local government offices and
13 copies thereof may be made available without charge or at a charge
14 consistent with section eighty-seven of the public officers law.
15 § 757. Adoption of plan of merger; election. 1. Upon adoption of the
16 plan of merger by each governing board of the constituent local govern-
17 ments, a proposition for merger containing such plan shall be submitted
18 to the qualified electors of each constituent local government, at the
19 next succeeding general election held after the last date of adoption of
20 the plan of merger by a constituent local government.
21 2. The adopted plan of merger, or an abstract thereof, shall be
22 published in the same manner as notice of the public hearing required by
23 this article within twenty days of adoption by the constituent local
24 governments.
25 3. The proposition to be voted upon shall state: "Shall the
26 _______________________ (names of constituent local governments) be
27 merged to become the _______________________ (name of surviving local
28 government) pursuant to the adopted plan of merger?" The proposition
29 shall also contain an abstract of such plan concisely stating the
30 purpose and effect thereof. Such proposition shall be submitted to and
31 approved by the local governing body of each constituent local govern-
32 ment prior to its submission to the qualified electors pursuant to this
33 article.
34 4. If such proposition is approved by a majority of the qualified
35 electors of each constituent local government voting thereon, a certif-
36 icate of such election shall be filed with the secretary of state, with
37 the clerks of each constituent local government and with the clerks of
38 each county in which any part of the constituent local governments is
39 situated.
40 § 758. Effect of merger; effective date. 1. Upon the effective date,
41 the constituent local government shall merge into the surviving local
42 government. Such survivor shall possess all powers accorded by law as to
43 the areas of constituent local governments.
44 2. Unless the plan or ancillary agreements shall provide otherwise,
45 the outstanding debts and obligations of the constituent local govern-
46 ments shall be assumed by the surviving local government and be a charge
47 upon the taxable property within the limits of the surviving local
48 government and collected in the same manner as surviving local govern-
49 ment taxes. The surviving local government shall be responsible for
50 satisfaction of any outstanding obligations between any constituent
51 local government and the state of New York. The governing board of the
52 surviving local government merged shall have all powers with respect to
53 such debts and obligations as the governing boards of the constituent
54 local governments. All indebtedness incurred on behalf of special or
55 improvement districts shall remain as if such local governments had not
S. 6056 155 A. 9556
1 merged, including the power to issue bonds to redeem bond anticipation
2 notes issued by the constituent local governments.
3 3. Unless the plan shall provide otherwise, all local laws, ordi-
4 nances, rules or regulations of the constituent local governments in
5 effect on the date of the merger, including but not limited to zoning
6 ordinances or local laws, shall remain in effect for a period of two
7 years following merger as if they had been duly adopted by the surviving
8 local government and shall be enforced by the surviving local government
9 within the limits of the surviving local government except that the
10 surviving local government shall have the power at any time to amend or
11 repeal such local laws, ordinances, rules or regulations in the manner
12 as other local laws, ordinances, rules or regulations of the surviving
13 local government.
14 4. Upon merger, all records, books and papers of the constituent local
15 governments shall be deposited with the clerk of the surviving local
16 government and they shall thereupon become records of the surviving
17 local government.
18 5. No action or claim for or against any constituent local government
19 shall be affected by reason of its merger into another local government.
20 6. At least sixty days prior to the effective date of merger, the
21 governing boards of the constituent local governments, with the excep-
22 tion of the surviving local government, shall present the assessment
23 rolls of their respective governments to the legislative body of the
24 county. Such legislative body shall cause each of the assessments ther-
25 eon to be transferred and added to the assessment roll of the surviving
26 local government and all of the assessments so transferred shall upon
27 the effective date of merger, for tax purposes, be part of the taxable
28 property and assessments of the surviving local government.
29 7. Unless the plan of merger provides otherwise, merger shall take
30 effect at the expiration of the thirty-first day of December in the odd
31 numbered year following the year in which such ratification occurred.
32 § 759. Elections for officers of the surviving local government. Where
33 a proposition for merger is approved by the electors pursuant to this
34 article, unless the plan of merger provides otherwise, elections for
35 officers of the surviving local government shall be held on the Tuesday
36 succeeding the first Monday in November in the odd numbered year follow-
37 ing the year in which such approval occurred. In the event such surviv-
38 ing local government is a city situated in whole or in part within a
39 county governed by a board of supervisors, such officers shall include
40 supervisors as provided for in the plan of merger approved by the elec-
41 tors. Such officers shall take office upon the effective date of the
42 merger.
43 § 760. Effect on county boundaries; city charters. 1. Except where two
44 or more constituent local governments are counties, merger of local
45 governments pursuant to this article shall not affect any existing coun-
46 ty boundaries.
47 2. In the event the surviving local government is a city or a charter
48 county, such charter shall be amended as necessary or desirable to
49 reflect the merger. In any event, upon the effective date of such merg-
50 er, the city or county shall possess all powers accorded by such charter
51 as to the areas of the constituent local governments, pending charter
52 amendment.
53 § 761. Services continued. 1. Unless the plan provides otherwise or
54 unless limited by operation of law, such surviving local government
55 shall continue to perform and to render to and in each constituent local
56 government area all those functions and services performed and rendered
S. 6056 156 A. 9556
1 by such constituent local government therein and therefor on the date of
2 adoption of the plan of merger.
3 2. Unless the plan of merger provides otherwise, any town improvement
4 district and any fire district, fire protection district or fire alarm
5 district partially located in a constituent local government which upon
6 the merger would by operation of law or could pursuant to law, cease to
7 exist in such surviving local government shall, from the date of such
8 merger until the first day of June following the first day of January
9 next succeeding such date of merger, continue to perform and to render
10 to and in such constituent local government area all those functions and
11 services rendered by it therein and therefor on the date of the adoption
12 of the plan of merger.
13 3. The cost and expense of so performing and so rendering functions
14 and services continued pursuant to this section shall be budgeted,
15 levied upon, assessed against and collected from the area served as if
16 no merger had taken place.
17 § 762. Effect of merger on certain districts. 1. If on the date of
18 merger the surviving local government wholly includes the territory of a
19 fire district, fire protection district, fire alarm district, or a town
20 special improvement district, and the surviving local government is a
21 village or city, such district shall cease to exist at the end of the
22 fiscal year of such district next following the first day of June
23 following the first day of January next succeeding the date of merger.
24 Except as otherwise provided in this section, the powers and duties of
25 the governing body of the district and of all the officers of the
26 district in connection therewith shall then cease, and any board of
27 commissioners, any office of commissioner and any other office of any
28 such district shall also cease to exist at such time.
29 2. a. The obligations and the contracts of a district which shall so
30 cease to exist and the obligations and contracts of a town for the bene-
31 fit of or chargeable to such a district shall not be impaired by this
32 section.
33 b. Notwithstanding the dissolution of a district pursuant to this
34 section:
35 (i) an amount shall be levied by the surviving local government and
36 collected annually from the district sufficient to pay in regular course
37 the principal of and interest on all bonds or obligations issued pursu-
38 ant to the local finance law, section one hundred nine-b of this chapter
39 or otherwise by or on behalf of such district which are outstanding and
40 unpaid as of the date of the dissolution of the district. Such annual
41 levy and collection shall continue until all such outstanding bonds and
42 obligations are paid in full;
43 (ii) all levies, assessments, fees, rates or other charges of the
44 district unpaid as of the date of dissolution and all penalties and
45 interest thereon shall be collected;
46 (iii) all moneys collected under subparagraph (ii) of this paragraph
47 which would be available for district purposes if the district were not
48 dissolved shall be applied to the payment of all obligations of the
49 district, other than those described in subparagraph (i) of this para-
50 graph, which are due and payable at the time of the dissolution of the
51 district. All such moneys so collected and not required for such purpose
52 shall be paid over to the fiscal officer of the surviving local govern-
53 ment;
54 (iv) the levies, collections and payments described in subparagraphs
55 (i), (ii) and (iii) of this paragraph shall be made in the same manner
S. 6056 157 A. 9556
1 as if the district had not been dissolved, except that for the purposes
2 of this paragraph:
3 (A) if a fire district is dissolved, the legislative board of the
4 surviving local government shall constitute the board of fire commis-
5 sioners of the former fire district; and
6 (B) if a district other than a fire district is dissolved, the powers
7 of the governing body of the district shall be exercised and performed
8 by the legislative body of the surviving local government; and
9 (v) in lieu of the requirements set forth in subparagraph (i) of this
10 paragraph, the legislative body of the surviving local government by
11 resolution subject to permissive referendum, may provide that the
12 surviving local government shall assume responsibility for the levy and
13 collection, as a general charge, of all amounts required to pay the
14 bonds or obligations therein described. In such event the surviving
15 local government shall annually pay an amount sufficient to pay the
16 principal and interest on such bonds or obligations as same become due
17 and payable in regular course. Payment shall be made directly to the
18 holder of such bonds or obligations. Nothing contained in this section
19 shall prevent the surviving local government from prepaying or redeeming
20 such bonds or obligations in whole or in part provided the bonds or
21 obligations permit such part payment or redemption.
22 c. All contracts of or on behalf of and chargeable to a district which
23 ceases to exist pursuant to this article, including all amounts unpaid
24 under such contracts but excluding all amounts unpaid thereunder which
25 were due and payable at the time of dissolution of such district, other
26 than obligations incurred pursuant to the local finance law and, or,
27 section one hundred nine-b of this chapter shall, to the extent they are
28 the responsibility of or beneficial to such a district, be assumed by
29 the surviving local government and all expenditures under such contracts
30 shall be charged as provided in this subdivision. The terms and condi-
31 tions and all rights of or on behalf of the district, including any
32 right of amendment or rescission of such contract, shall inure to the
33 benefit of the surviving local government.
34 3. Upon a district ceasing to exist hereunder, all property of the
35 district shall automatically become the property of the surviving local
36 government and, in connection therewith, the governing body and any
37 other officer or person empowered to transfer title to or having the
38 custody or control of any moneys of such district, any moneys in a
39 reserve fund, any real or personal property of such district or used or
40 applied for the purposes of such district, any policies of insurance for
41 the benefit of such district, any documents, instruments and other muni-
42 ment of title to district property and of any official books, records
43 and other data relating to the operation and management of such district
44 shall prepare or cause to be prepared an inventory of all such property,
45 shall certify same, shall deliver same to the clerk of the surviving
46 local government and shall:
47 a. pay over to the fiscal officer of the surviving local government
48 all such moneys except so much thereof as was collected for the purpose
49 of paying principal of and interest on bonds or other obligations issued
50 pursuant to the local finance law, section one hundred nine-b of this
51 chapter or otherwise by or on behalf of the district and further except
52 so much of the balance of such moneys as may be required to pay those
53 obligations of the district. The fiscal officer of the surviving local
54 government on receipt of such moneys, shall set same aside and apply
55 them pursuant to law to the purposes of the district which ceases to
56 exist hereunder so long as the surviving local government continues to
S. 6056 158 A. 9556
1 provide the service or function thereof and thereafter to be applied in
2 reduction of taxes levied against the area of such former district;
3 provided, however, that so long as the surviving local government
4 provides the service or function of the former district any moneys held
5 by or on behalf of a district in a reserve fund subject to the
6 provisions of article two of this chapter or section fifty-five-a of the
7 town law shall be held and administered by the surviving local govern-
8 ment as a reserve fund subject to those provisions of article two of
9 this chapter for the same or similar purpose for which any such fund was
10 established;
11 b. transfer, assign and convey to the surviving local government the
12 title to all such real or personal property;
13 c. assign such policies of insurance and its interest thereunder to
14 the extent permitted therein to the surviving local government;
15 d. surrender and deliver all such insurance policies, books, records
16 and other data to the clerk of the surviving local government. Copies of
17 official books, records and other data relating to the operation and
18 management of such district and certified by the officer responsible for
19 same shall be sufficient to satisfy the requirements of this paragraph.
20 No fees or expenses shall be charged for the making of such copies and
21 same shall be entitled to the same admissibility in evidence in a court
22 proceeding as the originals thereof; and
23 e. surrender and deliver all other such personal property to such
24 officer, employee, board or commission as the legislative board of the
25 surviving local government shall designate. The failure of the governing
26 body or any other officer or person to comply with the requirements of
27 this subdivision shall in no way impair the automatic transfer to the
28 surviving local government of the right, title or interest of the
29 district of, in or to such property.
30 4. Upon a district ceasing to exist pursuant to this article and until
31 such time as the surviving local government may discontinue the service
32 or function of such former district, such service or function shall
33 become a service or function of the surviving local government and shall
34 be continued as, in the discretion of the surviving local government,
35 may be needed in all territory which previously received same and the
36 legislative board shall have all the powers and duties granted by law in
37 connection with such service or function and such additional powers
38 formerly held by the governing body or any officer of the district which
39 may be necessary to continue the service or function of the district,
40 provided, however:
41 a. if the limits of a district which ceases to exist pursuant to this
42 article are wholly within but are not coterminous with those of the
43 surviving local government and the service or function formerly provided
44 by such district is not extended outside the limits of the former
45 district, all the costs and expenses of such service or function may be
46 chargeable only to the territory of such former district;
47 b. if the limits of a district which ceases to exist pursuant to this
48 article are wholly within but are not coterminous with those of the
49 surviving local government and the service or function formerly provided
50 by such district is extended outside the limits of such former district,
51 so much of all costs and expenses of such extension of service or func-
52 tion to such outside territory as is represented by the payment of the
53 principal and interest on obligations incurred therefor by the surviving
54 local government pursuant to the local finance law or section one
55 hundred nine-b of this chapter may be chargeable to and collected from
56 such outside territory; and all other costs and expenses of such service
S. 6056 159 A. 9556
1 or function may be chargeable only to that part of the entire territory
2 of the surviving local government in which such service or function is
3 provided. In any event and regardless of the territory to which such
4 other costs and expenses may be made chargeable, same shall be appor-
5 tioned and collected uniformly and without discrimination within such
6 territory;
7 c. upon any fire district ceasing to exist pursuant to this article,
8 all fire, hose, protection or hook and ladder companies and all author-
9 ized squads or other units of such district, including the memberships
10 thereof, shall continue to exist and may merge or consolidate with any
11 existing company as provided by law. All such companies, squads or units
12 shall thereafter be subject to and governed by all the provisions of law
13 regulating and pertaining to any such company, squad or unit or fire
14 department of a village or city as the case may be; and
15 d. all officers and employees of any district which ceases to exist
16 pursuant to this article shall to the greatest extent practicable in the
17 discretion of the legislative body of the surviving local government be
18 continued in the same or similar positions as employees of the surviving
19 local government and in connection therewith, shall have all the rights
20 provided by the civil service law as if their former positions with the
21 district had originally been established by the surviving local govern-
22 ment.
23 5. The legislative board of the surviving local government at any time
24 by local law may discontinue the service or function of the former
25 district in all or any part of the surviving local government; provided,
26 however, that any such local law shall be subject to a permissive refer-
27 endum of the qualified voters in the territory receiving the service or
28 function at the time of the adoption of such local law and in which the
29 service or function is proposed to be discontinued. For the purpose of
30 such referendum such territory shall be considered as if it comprised
31 the entire territory of the surviving local government.
32 6. This section shall not apply to any special assessment area or any
33 area of assessment for benefit the boundaries of which are coterminous
34 with or wholly included within the limits of the surviving local govern-
35 ment which was established only to pay the original cost of any special
36 improvement or facility or any addition thereto, benefitting such area.
37 As to any such area the assessments therein established shall continue
38 to be levied and collected as if the merger had not taken place. Howev-
39 er, any such publicly owned improvement or facility shall become the
40 property of the surviving local government in the same manner as
41 provided in subdivision three of this section for property of a
42 district.
43 7. Any other special assessment area or any other area of assessment
44 for benefit the boundaries of which are coterminous with or wholly
45 included within the limits of a surviving local government shall be
46 considered as a district subject to the provisions of this section and
47 chapter if same was established not only to pay the original cost of any
48 special improvement or facility, or any additional cost thereto, bene-
49 fitting such area but also to pay the cost of the operation, mainte-
50 nance, repair or replacement thereof.
51 § 763. Certain districts partially within a surviving local govern-
52 ment. 1. If the surviving local government includes within its bounda-
53 ries part of a fire district, fire protection district, fire alarm
54 district or a town special improvement district, the territory so
55 included within the boundaries of the surviving local government shall
56 not be relieved from bearing its proportionate share of any liability or
S. 6056 160 A. 9556
1 indebtedness incurred for such district purposes while such territory
2 was a part of such district and until such liability is discharged, or
3 such indebtedness paid the proportionate share to which such territory
4 would be liable if it had not been included in the boundaries of the
5 surviving local government shall be levied upon, assessed and collected
6 from such territory by the proper officers of such surviving local
7 government in the same manner as if such territory had not been included
8 within the boundaries of the surviving local government. All moneys so
9 collected shall be paid over from time to time by the fiscal officer of
10 the surviving local government to the supervisor of the town in which
11 the remainder of such district is located to discharge such liability.
12 The collector or receiver of taxes of such town and the treasurer of a
13 county shall continue in the execution of their duties in respect to the
14 property included in the boundaries of a surviving local government
15 until they shall have collected the taxes authorized or assessed for the
16 year of such merger or which have been extended on the town assessment
17 roll and become a lien after such merger and pay to the fiscal officer
18 of the surviving local government when collected the taxes extended on
19 the assessment roll against property within the surviving local govern-
20 ment for district purposes.
21 2. If the territory of the surviving local government includes within
22 its boundaries part of such a town district, the proportion of the bond-
23 ed debt incurred or obligations incurred pursuant to section one hundred
24 nine-b of this chapter by the town and payable by a tax against the
25 property within any such district for whose benefit the bonds or obli-
26 gations were issued which shall be assumed by the surviving local
27 government and the apportionment of personal and real property belonging
28 to the special district shall be determined according to the relative
29 assessed valuation of the personal and real property in that portion of
30 the special district without the surviving local government and that
31 portion within the surviving local government in the following manner:
32 the town board of the town when acting as a board for a district or the
33 commissioner or commissioners of a district where the special district
34 is managed by a commissioner or commissioners and the governing board of
35 the surviving local government being unable to agree within six months
36 after the merger upon the proportion of the debt and the apportionment
37 of the personal and real property, then the supreme court shall have
38 power to determine such division and to enforce such award, division and
39 determination as shall be made in the premises in a suit in equity to be
40 brought in the name of either of the said parties.
41 § 764. Sales and compensating use tax transitional provisions. 1.
42 Where the surviving local government in a merger occurring pursuant to
43 this article is a county or a city which is imposing a tax, which is in
44 effect on the effective date of the merger, pursuant to the authority of
45 subpart B of part I of article twenty-nine of the tax law, such tax
46 shall continue in full force and effect and shall apply within the
47 entire area of such surviving local government as the territorial limits
48 of such area are constituted on the effective date of such merger. Any
49 such imposition shall be subject to the provisions of such article twen-
50 ty-nine including provisions relating to the imposition, repeal or
51 suspension of the tax by local law, ordinance or resolution.
52 2. Notwithstanding subdivision three of section seven hundred fifty-
53 eight of this article, any such tax imposed by a constituent local
54 government which is not the surviving local government shall cease to be
55 in effect as of the effective date of such merger.
S. 6056 161 A. 9556
1 § 765. Notification and submission of the plan of merger; agency
2 assistance. At least one hundred twenty days prior to the effective date
3 of a merger, the constituent local governments shall notify the state
4 division of the budget, the office of the state comptroller, the office
5 of real property services and the commissioner of taxation and finance
6 of the scheduled merger, and shall submit to such agencies the plan of
7 merger and any ancillary agreements, contracts or other legally binding
8 agreements. Upon related request, the above named agencies shall provide
9 any information or technical support to the constituent local govern-
10 ments, to the extent available within the agency and not prohibited by
11 any provision of law providing for the confidentiality of such informa-
12 tion, to help effectuate the merger of such local governments.
13 § 99. This act shall take effect immediately, except that:
14 1. Section one of this act shall not apply to any public arbitration
15 panel appointed prior to the effective date of such section;
16 2. The provisions of sections two through seventy-two, ninety-one,
17 ninety-two, and ninety-three of this act shall control all contracts
18 advertised or solicited for bid on or after the effective date of this
19 act under the provisions of any law requiring contracts to be let pursu-
20 ant to provisions of law amended by this act; provided, however, that
21 the amendments to section 1735 of the public authorities law made by
22 section thirty-six of this act shall not affect the repeal of such
23 section and shall be deemed repealed therewith;
24 3. Sections seventy-nine through eighty-two of this act shall apply to
25 all judgments entered and all accrued claims paid on or after such date;
26 4. Sections eighty-three through ninety of this act shall take effect
27 on the one hundred eightieth day after it shall have become a law.
28 PART JJ
29 Section 1. Subdivisions 2, 3, 5, and 10 of section 2432 of the public
30 authorities law, subdivisions 2, 3 and 10 as amended by section 67 of
31 part H of chapter 83 of the laws of 2002 and subdivision 5 as amended by
32 section 117 of part B of chapter 436 of the laws of 1997, are amended
33 and nine new subdivisions 5-d, 25, 26, 27, 28, 29, 30, 31, and 32 are
34 added to read as follows:
35 (2) "Bonds" and "Notes". The bonds and notes, including any special
36 program bonds [and], special school purpose bonds, and fiscal stability
37 bonds, respectively issued by the agency pursuant to this title. Bonds
38 and notes shall not include any tax lien collateralized securities
39 issued pursuant to this title.
40 (3) "Municipal Bond". A bond or note or evidence of debt payable from
41 any local revenues, including taxes, assessments and rents, which a
42 municipality may lawfully issue to finance local improvements and public
43 purposes but does not include (a) any bond or note or evidence of debt
44 issued by any other state or any public body or municipal corporation
45 thereof, (b) any special program agreement, [or] (c) any special school
46 purpose agreement or any special school deficit program agreement, or
47 (d) any fiscal stability bond agreement.
48 (5) "State Aid". All payments and contributions made by the state to
49 and in aid of a municipality as may be provided by law, other than
50 payments of state contributions for old age assistance, family assist-
51 ance, aid to the blind, aid to the disabled, safety net assistance and
52 local social services administration costs; provided that, with respect
53 to any provisions of this title relating to fiscal stability bonds and
S. 6056 162 A. 9556
1 fiscal stability bond agreements, the term state aid shall have the
2 meaning set forth in section ninety-two-cc of the state finance law.
3 (5-d) "State Aid Revenues". State aid paid or payable by the comp-
4 troller to the agency, pursuant to section ninety-two-cc of the state
5 finance law, for amounts due on or payable in connection with fiscal
6 stability bonds pursuant to section twenty-four hundred thirty-six-b of
7 this title.
8 (10) "Debt Service Reserve Fund Requirement". With respect to any debt
9 service reserve fund created by section two thousand four hundred thir-
10 ty-nine of this title relating to bonds other than special program bonds
11 [or], special school purpose bonds [or], special school deficit program
12 bonds, or fiscal stability bonds, as of any particular date of computa-
13 tion, an amount of money equal to the greatest of the respective
14 amounts, for the then current or any succeeding calendar year, of annual
15 debt service payments required to be made to the agency on all municipal
16 bonds purchased with the proceeds of bonds which bonds are secured by
17 such debt service reserve fund, such annual debt service payments for
18 any calendar year being an amount of money equal to the aggregate of (a)
19 all interest payable during such calendar year on all municipal bonds
20 purchased by the agency and then outstanding on said date of computation
21 which are secured by such debt service reserve fund, plus (b) the prin-
22 cipal amount of all municipal bonds purchased by the agency and then
23 outstanding on said date of computation which mature during such calen-
24 dar year and are secured by such debt service reserve fund; and with
25 respect to any debt service reserve fund created by section two thousand
26 four hundred thirty-nine of this title relating to an issue or issues of
27 special program bonds [or], special school purpose bonds [or], special
28 school deficit program bonds, or fiscal stability bonds, such amount as
29 shall be determined by the agency.
30 (25) "Fiscal Stability Bond Eligible City". A city that meets the
31 eligibility criteria set forth in section twenty-four hundred thirty-
32 five-f of this title.
33 (26) "Fiscal Stability Bonds". An issuance of bonds by the agency, all
34 or a portion of the proceeds of which are made available to a fiscal
35 stability bond eligible city in connection with the execution by the
36 agency and such fiscal stability bond eligible city of a fiscal stabili-
37 ty bond agreement pursuant to section twenty-four hundred thirty-five-g
38 of this title.
39 (27) "Budget Year". The fiscal stability bond eligible city fiscal
40 year immediately following the fiscal stability bond eligible city's
41 current fiscal year.
42 (28) "General Operating Fund". The fund used for the purpose of
43 supporting the general operations of the fiscal stability bond eligible
44 city government, including any expenditures for the purpose of support-
45 ing the fiscal stability bond eligible city's dependent school district
46 but excluding any state, county, or federal aid for educational purposes
47 received by such on behalf of its dependent school district.
48 (29) "Budget Gap". The excess of annual aggregate projected expendi-
49 tures over annual aggregate projected revenues for the general operating
50 fund as set forth in a fiscal stability bond eligible city's proposed
51 budget or technical documentation supporting the proposed budget.
52 (30) "Financial Recovery Plan". A written five-year financial plan
53 prepared by the fiscal stability bond eligible city's chief executive
54 officer that reflects the city's plan for balancing annual revenues and
55 expenditures, such that projected budget gaps are progressively reduced,
56 eventually eliminated and the general operating fund is maintained in
S. 6056 163 A. 9556
1 balance thereafter through the introduction of city initiatives which
2 provide recurring savings or new recurring resources.
3 (31) "Financial Assessment". A written assessment prepared by the
4 chief executive officer of a fiscal stability bond eligible city, in a
5 manner prescribed by the director of the budget, evaluating such city's
6 success in implementing its required financial recovery plan.
7 (32) "Fiscal Stability Bond Agreement". An agreement between the agen-
8 cy and a fiscal stability bond eligible city pursuant to section twen-
9 ty-four hundred thirty-five-g of this title.
10 § 2. Subdivisions 3, 11, 18 and 21 of section 2434 of the public
11 authorities law, as amended by section 68 of part H of chapter 83 of the
12 laws of 2002, are amended and a new subdivision 21-d is added to read as
13 follows:
14 (3) To make and execute contracts and all other instruments necessary
15 or convenient for the exercise of its powers and functions under this
16 title, including, without limitation, any special program agreement
17 entered into pursuant to the provisions of section twenty-four hundred
18 thirty-five-a of this title, any purchase and sale agreement entered
19 into pursuant to the provisions of section twenty-four hundred thirty-
20 five-b of this title [and], any special school deficit program agreement
21 entered into pursuant to section twenty-four hundred thirty-five-e of
22 this title, and any fiscal stability bond agreement entered into pursu-
23 ant to the provisions of section twenty-four hundred thirty-five-g of
24 this title;
25 (11) To make and execute contracts for the servicing of municipal
26 bonds acquired by the agency pursuant to this title, and for the servic-
27 ing of special program agreements, special school purpose agreements
28 [and], special school deficit program agreements[,] and fiscal stability
29 bond agreements to pay the reasonable value of services rendered to the
30 agency pursuant to those contracts;
31 (18) To establish any terms and provisions with respect to any special
32 program agreement, special school purpose agreement [or], special school
33 deficit program agreement, or fiscal stability bond agreement, including
34 any terms for payment, and any other matters which are necessary, desir-
35 able or advisable in the judgment of the agency;
36 (21) To pledge or assign, as security for any of its bonds or notes,
37 any moneys, funds, municipal bonds, special program agreements, special
38 school purpose agreements, [or] special school deficit program agree-
39 ments, or fiscal stability bond agreements, assets or revenues of the
40 agency, including, without limitation, any state aid or school aid
41 received or receivable pursuant to section twenty-four hundred thirty-
42 six of this title;
43 (21-d) To certify to the comptroller the amounts due on or payable in
44 connection with fiscal stability bonds, pursuant to section twenty-four
45 hundred thirty-six-b of this title;
46 § 3. The public authorities law is amended by adding a new section
47 2435-f to read as follows:
48 § 2435-f. Fiscal stability bond eligible city eligibility criteria.
49 1. Only a city with a population of less than one million, according to
50 the latest federal census, may qualify as a fiscal stability bond eligi-
51 ble city; provided that, no city subject to a state-imposed financial
52 control board or fiscal stability authority authorized to issue bonds on
53 behalf of a city, shall be eligible.
54 2. A fiscal stability bond eligible city shall be a city, other than
55 those excluded under the provisions of subdivision one of this section,
56 that meets at least two of the following criteria at the time of
S. 6056 164 A. 9556
1 execution of the fiscal stability bond agreement: (a)(1) a general oper-
2 ating fund deficit at the close of such city's prior fiscal year of
3 three percent or more, and (2) a general operating fund deficit project-
4 ed for the close of such city's then current fiscal year which is equal
5 to or greater than the general operating fund deficit incurred in the
6 prior year; (b) a projected budget gap of ten percent or more in its
7 general operating fund for the budget year as evidenced in a written
8 budget report prepared by the chief fiscal officer; (c) reliance on
9 non-recurring revenues to fund at least ten percent of its current year
10 or budget year general operating fund expenditures; (d) in the current
11 fiscal year or budget year, (1) planned issuance of short-term budget
12 notes; or (2) planned issuance of tax anticipation notes issued to
13 retire existing tax anticipation notes; or (3) deferral of payments or
14 acceleration of revenues to cover operating liabilities because of
15 insufficient funds; (e) loss of access to the financial markets due to
16 the financial condition of the city; or (f) the amount of a current
17 fiscal year or budget year city tax levy subject to the constitutional
18 tax limit is greater than or equal to ninety percent of its constitu-
19 tional tax limit.
20 3. A fiscal stability bond eligible city shall remain eligible to
21 receive the proceeds of fiscal stability bonds for a maximum of three
22 consecutive city fiscal years, which may include the fiscal year in
23 which such city becomes eligible.
24 4. Notwithstanding any other provision of this title to the contrary,
25 a fiscal stability bond eligible city shall not be eligible to enter
26 into another fiscal stability bond agreement and have fiscal stability
27 bonds issued on its behalf unless and until (a) all bonds issued under
28 such city's previous fiscal stability bond agreement have been retired
29 and (b) the city has completed at least two consecutive fiscal years in
30 balance without the use of fiscal stability bond proceeds, during the
31 period such bonds are outstanding or subsequently thereto.
32 § 4. The public authorities law is amended by adding a new section
33 2435-g to read as follows:
34 § 2435-g. Fiscal stability bond agreements. 1. In order to fulfill the
35 purposes of this title and to provide a means by which a fiscal stabili-
36 ty bond eligible city may receive assistance to meet its obligations
37 and, notwithstanding any general or special law to the contrary, the
38 agency and the fiscal stability bond eligible city are hereby author-
39 ized, subject to compliance with the requirements of this section, to
40 enter into a fiscal stability bond agreement which shall, consistent
41 with the provisions of this title, contain such terms, provisions and
42 conditions as, in the judgment of the agency, shall be necessary or
43 desirable. Such fiscal stability bond agreement shall be in effect until
44 all fiscal stability bonds issued pursuant to such agreement are
45 retired.
46 2. Prior to entering into a fiscal stability bond agreement with the
47 agency, a fiscal stability bond eligible city shall first provide the
48 agency with (a) a written statement certifying the manner in which it
49 meets the eligibility criteria as set forth in section twenty-four
50 hundred thirty-five-f of this title, (b) a financial recovery plan
51 prepared by the chief executive officer of the fiscal stability bond
52 eligible city which meets the requirements set forth in section twenty-
53 four hundred thirty-five-h of this title, and (c) a resolution in
54 support of such financial recovery plan adopted by the legislative body
55 of such fiscal stability bond eligible city.
S. 6056 165 A. 9556
1 3. No fiscal stability bond agreement shall constitute indebtedness of
2 the fiscal stability bond eligible city for the purposes of section
3 20.00 of the local finance law or any constitutional or other statutory
4 limitation. In addition, fiscal stability bonds issued in connection
5 with a fiscal stability bond agreement shall not constitute a debt of
6 the state or of the applicable fiscal stability bond eligible city under
7 any constitutional or statutory provision including, but not limited to,
8 article VIII of the state constitution and section 104.00 of the local
9 finance law.
10 4. State aid revenues as defined in subdivision five-d of section
11 twenty-four hundred thirty-two of this title shall be the property of
12 and belong to the agency, shall not be, or be treated as, revenues of
13 the fiscal stability bond eligible city for appropriation, accounting or
14 any other purpose, and shall not be consolidated, commingled, or other-
15 wise combined with any other moneys of the agency, and such fiscal
16 stability bond agreement shall include a statement to such effect. Any
17 such state aid revenues and any such fiscal stability bond agreement may
18 be pledged by the agency in accordance with and with the effect of
19 subdivision ten of section twenty-four hundred thirty-seven of this
20 title to secure its bonds and may not be modified thereafter except as
21 provided by the terms of the pledge.
22 5. Each fiscal stability bond agreement shall incorporate provisions
23 requiring compliance with the reporting requirements placed on a fiscal
24 stability bond eligible city by section twenty-four hundred
25 thirty-five-h of this title. In the event the fiscal stability bond
26 eligible city fails to comply in a timely manner with such reporting
27 requirements, no additional fiscal stability bonds shall be issued by
28 the agency on behalf of such fiscal stability bond eligible city until
29 such noncompliance has, in the judgment of the agency, been cured.
30 § 5. The public authorities law is amended by adding a new section
31 2435-h to read as follows:
32 § 2435-h. Fiscal stability bond eligible city reporting requirements.
33 1. As a condition to the execution by the agency of a fiscal stability
34 bond agreement, the chief executive officer of a fiscal stability bond
35 eligible city shall prepare a financial recovery plan, as defined in
36 subdivision thirty of section twenty-four hundred thirty-two of this
37 title, and submit such plan to the director of the budget, the secretary
38 of state, and the comptroller. The chief executive officer shall also
39 make such plan public pursuant to applicable local and state laws, ordi-
40 nances, or requirements then in effect.
41 2. Each year of the financial recovery plan shall reflect an annual
42 spending level that is equal to or less than annual revenues, although
43 such annual revenues may include proceeds of fiscal stability bonds
44 received by a fiscal stability bond eligible city. The financial recov-
45 ery plan shall also identify the specific actions expected to be under-
46 taken to achieve budget balance in each year of the plan, and disclose
47 the fiscal stability bond eligible city's assumptions regarding the
48 projected underlying growth of revenues and expenditures, and reflect
49 the total expected proceeds from fiscal stability bonds to be issued by
50 the agency on its behalf in each year.
51 3. The five-year financial recovery plan shall be updated annually by
52 the chief executive officer of the fiscal stability bond eligible city
53 in conjunction with the submission of such officer's annual budget
54 proposal. The chief executive officer shall also make such plan public
55 pursuant to applicable local and state laws, ordinances, or requirements
56 then in effect. In addition, such updated plan shall be submitted to the
S. 6056 166 A. 9556
1 director of the budget, the secretary of state, and the comptroller.
2 The initial year of such five-year updated financial recovery plan shall
3 always be the then current city fiscal year.
4 4. Within fifteen days of final adoption of the fiscal stability bond
5 eligible city's budget by the legislative body of such city and again
6 six months following the start of such city's fiscal year, the chief
7 executive officer of the fiscal stability bond eligible city shall
8 prepare and make public pursuant to applicable local and state laws,
9 ordinances, or requirements then in effect, a financial assessment of
10 the status of such city's compliance with its financial recovery plan.
11 Such assessment, as defined by subdivision thirty-one of section twen-
12 ty-four hundred thirty-two of this title, shall be submitted to the
13 director of the budget, the comptroller, and the secretary of state. As
14 part of this financial assessment, the chief executive officer of the
15 fiscal stability bond eligible city shall submit such supporting
16 documentation as the director of the budget, comptroller, or secretary
17 of state may request, including but not limited to proposed or enacted
18 budgets, financial statements, current cash flow analysis, or any other
19 financial information.
20 5. If the chief executive of a fiscal stability bond eligible city
21 determines that such city will not meet the goals outlined in its finan-
22 cial recovery plan for any given year, a description of the causes and a
23 list of corrective actions shall be included in the next succeeding
24 annual or mid-year financial assessment.
25 6. The fiscal stability bond eligible city shall continue to be
26 subject to the reporting requirements of this section for so long as
27 fiscal stability bonds issued on its behalf shall remain outstanding.
28 Notwithstanding the foregoing, if for two consecutive fiscal years a
29 fiscal stability bond eligible city ends its fiscal year in balance or
30 with a surplus in the general operating fund, without the use of fiscal
31 stability bonds, the chief executive officer shall no longer be required
32 to comply with the provisions of subdivisions three, four and five of
33 this section.
34 § 6. The public authorities law is amended by adding a new section
35 2436-b to read as follows:
36 § 2436-b. Certification of state aid revenues. 1. With respect to each
37 issue of outstanding fiscal stability bonds, not later than October
38 first in each year, or, in the case of the first such certificate, not
39 later than thirty days after the sale of an issue of fiscal stability
40 bonds, the chairperson of the agency shall certify to the comptroller
41 and the director of the budget a schedule setting forth the amount of
42 state aid revenue necessary for the payment of the following: a. all
43 principal, redemption premium, if any, and interest on such fiscal
44 stability bonds maturing or otherwise coming due or payable during the
45 subsequent state fiscal year;
46 b. the amounts required to be deposited in any debt service reserve
47 fund with respect to such fiscal stability bonds;
48 c. the amount, if any, due to any provider of any bond credit or
49 liquidity facility, representing payments made by it as provided in the
50 applicable resolution or trust indenture, including any related reason-
51 able interest, fees or charges so provided;
52 d. the amount, if any, required to be rebated to the United States to
53 provide for continued federal tax exemption of such fiscal stability
54 bonds; and
S. 6056 167 A. 9556
1 e. any administrative or other fees, costs, or charges due to the
2 agency or any other party in connection with such fiscal stability
3 bonds.
4 The foregoing certification may be amended from time to time, and in
5 the event of a bond sale shall be amended, not later than thirty days
6 after such sale. The schedule accompanying such certification shall
7 provide for such payment dates as the agency deems appropriate to ensure
8 that sufficient funds will be available to meet its obligations relating
9 to such fiscal stability bonds as such bonds come due.
10 2. All of the provisions of this title relating to bonds which are not
11 inconsistent with the provisions of this section shall apply to obli-
12 gations authorized by this section.
13 § 7. Subdivisions 1, 4 and 5 of section 2437 of the public authorities
14 law, subdivisions 1 and 5 as amended by section 73 of part H of chapter
15 83 of the laws of 2002 and subdivision 4 as amended by section 1 of part
16 O of chapter 63 of the laws of 2003, are amended to read as follows:
17 (1) Subject to the provisions of section [two thousand] twenty-four
18 hundred thirty-eight of this title, the agency shall have the power and
19 is hereby authorized from time to time to issue its negotiable bonds and
20 notes in conformity with applicable provisions of the uniform commercial
21 code in such principal amounts as, in the opinion of the agency, shall
22 be necessary to provide sufficient funds for achieving the corporate
23 purposes thereof, including the purchase of municipal bonds, the provid-
24 ing of certain amounts to special program municipalities from the
25 proceeds of special program bonds, the providing of certain amounts to
26 special school purpose municipalities from the proceeds of special
27 school purpose bonds, the providing of certain amounts to a special
28 school deficit program district from the proceeds of special school
29 deficit program bonds, the providing of certain amounts to fiscal
30 stability bond eligible cities from the proceeds of fiscal stability
31 bonds, the payment of interest on bonds and notes of the agency, estab-
32 lishment of reserves to secure such bonds and notes, payment of letter
33 of credit, bond insurance and other credit and liquidity support facili-
34 ty fees, premiums, reimbursements and expenses, fees and expenses of
35 trustees and paying agents and other financing costs including any
36 accrued costs payable to the New York state housing finance agency
37 pursuant to any contract entered into under subdivision twelve of
38 section [two thousand] twenty-four hundred thirty-four of this title and
39 all other expenditures of the agency incident to and necessary or
40 convenient to carry out its corporate purposes and powers, except the
41 operating expenses of the agency.
42 (4) Such bonds or notes shall bear such date or dates, shall mature at
43 such time or times, shall bear interest at such rate or rates, shall be
44 of such denominations, shall be in such form, carry such registration
45 privileges, be executed in such manner, be payable in lawful money of
46 the United States of America at such place or places within or without
47 the state, be subject to such terms of redemption prior to maturity and
48 have such other terms as may be provided by such resolution or resol-
49 utions or such certificate with respect to such bonds or notes, as the
50 case may be; provided, however, that the maximum maturity of bonds other
51 than special program bonds, special school purpose bonds [or], special
52 school deficit program bonds or fiscal stability bonds shall not exceed
53 forty years from the date thereof, the maximum maturity of special
54 program bonds shall not exceed thirty years, the maximum maturity of
55 special school purpose bonds shall not exceed twenty years, the maximum
56 maturity of special school deficit program bonds shall not exceed ten
S. 6056 168 A. 9556
1 years, the maximum maturity of fiscal stability bonds shall not exceed
2 ten years, and the maximum maturity of notes or any renewals thereof
3 shall not exceed five years from the date of the original issue of such
4 notes.
5 (5) Any bonds or notes of the agency other than special program bonds,
6 special school purpose bonds [or], special school deficit program bonds,
7 or fiscal stability bonds shall be sold at public sale and from time to
8 time upon such terms and at such prices as may be determined by the
9 agency, and the agency may pay all expenses, premiums and commissions
10 which it may deem necessary or advantageous in connection with the issu-
11 ance and sale thereof. Any special program bonds, special school purpose
12 bonds [or], special school deficit program bonds, or fiscal stability
13 bonds shall be sold at public or private sale and from time to time upon
14 such terms and at such prices as may be determined by the agency, and
15 the agency may pay all expenses, premiums and commissions which it may
16 deem necessary or advantageous in connection with the issuance and sale
17 thereof provided, however, that special program bonds relating to a
18 special program agreement entered for the purpose described in paragraph
19 (b) of subdivision one of section twenty-four hundred thirty-five-a of
20 this title shall be sold on or before June thirtieth, two thousand one.
21 No special program bonds, special school purpose bonds [or], special
22 school deficit program bonds or fiscal stability bonds of the agency may
23 be sold by the agency at private sale, however, unless such sale and the
24 terms thereof have been approved in writing by (a) the comptroller,
25 where such sale is not to the comptroller, or (b) the director of the
26 budget, where such sale is to the comptroller.
27 § 8. Subdivision 1 of section 2438 of the public authorities law, as
28 amended by chapter 59 of the laws of 2003, is amended, subdivision 4 is
29 renumbered subdivision 7 and three new subdivisions 4, 5 and 6 are added
30 to read as follows:
31 (1) The agency shall not issue bonds and notes in an aggregate princi-
32 pal amount at any one time outstanding exceeding one billion dollars,
33 excluding tax lien collateralized securities, special school purpose
34 bonds, special school deficit program bonds, fiscal stability bonds,
35 special program bonds issued to finance the reconstruction, rehabili-
36 tation or renovation of an educational facility pursuant to the
37 provisions of subdivision (b) of section sixteen of chapter six hundred
38 five of the laws of two thousand and bonds and notes issued to refund
39 outstanding bonds and notes.
40 (4) In the first fiscal year of a fiscal stability bond eligible
41 city's fiscal stability bond agreement, the agency may issue fiscal
42 stability bonds in an annual aggregate amount equal to that requested by
43 the fiscal stability bond eligible city, not in excess of ten percent of
44 the expenditures in the fiscal stability bond eligible city's adopted
45 general operating fund for such fiscal year. In the second fiscal year
46 of the fiscal stability bond eligible city's fiscal stability bond
47 agreement, the agency may issue fiscal stability bonds in an annual
48 aggregate amount equal to that requested by the fiscal stability bond
49 eligible city, not in excess of five percent of the expenditures in the
50 fiscal stability bond eligible city's adopted general operating fund for
51 such fiscal year. In the third fiscal year of a fiscal stability bond
52 agreement, the agency may issue fiscal stability bonds in an annual
53 aggregate amount equal to that requested by the fiscal stability bond
54 eligible city, not in excess of two and one-half percent of the expendi-
55 tures in the fiscal stability bond eligible city's adopted general oper-
56 ating fund for such fiscal year.
S. 6056 169 A. 9556
1 (5) Notwithstanding any other provision in this title to the contrary,
2 the agency shall not issue fiscal stability bonds under a fiscal stabil-
3 ity bond agreement, if the annual principal and interest payments
4 expected on such bonds, together with the principal and interest on any
5 currently outstanding fiscal stability bonds shall exceed the amount of
6 state aid revenues, as defined by section ninety-two-cc of the state
7 finance law, received by the fiscal stability bond eligible city in the
8 prior year.
9 (6) After the third fiscal year of a fiscal stability bond agreement,
10 the agency shall not issue any additional fiscal stability bonds for the
11 fiscal stability bond eligible city pursuant to such fiscal stability
12 bond agreement.
13 § 9. The state finance law is amended by adding a new section 92-cc to
14 read as follows:
15 § 92-cc. Fiscal stability bonds. 1. State aid shall consist of all:
16 (a) general purpose local government aid;
17 (b) emergency financial aid to certain cities;
18 (c) emergency financial assistance to eligible municipalities;
19 (d) supplemental municipal aid apportioned to such fiscal stability
20 bond eligible city;
21 (e) any successor to the types of aid listed in paragraph (a), (b),
22 (c) or (d) of this subdivision; and
23 (f) any new aid appropriated by the state pursuant to section fifty-
24 four of the state finance law for the benefit of the fiscal stability
25 bond eligible city.
26 2. For the purpose of this section, state aid revenues shall mean
27 state aid paid or payable by the comptroller to the municipal bond bank
28 agency for amounts due on or payable in connection with fiscal stability
29 bonds pursuant to section twenty-four hundred thirty-six-b of the public
30 authorities law.
31 3. For the purposes of this section, the terms fiscal stability bond
32 eligible city and fiscal stability bonds shall have the meanings set
33 forth in section twenty-four hundred thirty-two of the public authori-
34 ties law.
35 4. Upon receipt by the comptroller of a certificate or certificates
36 from the chairperson of the state of New York municipal bond bank agency
37 pursuant to section twenty-four hundred thirty-six-b of the public
38 authorities law, the comptroller shall pay the state aid revenues to
39 said agency, in accordance with such certification, within thirty days
40 of receipt of any certification or at the time specified in the certif-
41 ication, whichever is later; provided, that any such state aid revenues
42 shall have been first appropriated by the state as state aid or shall
43 have been otherwise made available to the comptroller. No payment of
44 state aid revenues to the agency shall obligate the state to make, nor
45 entitle such fiscal stability bond eligible city to receive, any addi-
46 tional state aid.
47 5. Nothing contained in this section shall be construed to create a
48 debt of the state within the meaning of any constitutional or statutory
49 provisions. Any provision with respect to state aid or state aid reven-
50 ues shall be deemed executory only to the extent of moneys available,
51 and no liability shall be incurred by the state beyond the moneys avail-
52 able for that purpose, and any such payment by the comptroller of state
53 aid revenues is subject to annual appropriation of state aid by the
54 state legislature.
55 6. Nothing contained in this section shall be deemed to restrict the
56 right of the state to amend, repeal, modify, or otherwise alter section
S. 6056 170 A. 9556
1 fifty-four of this chapter or any other provision relating to state aid
2 to municipalities. The state of New York municipal bond bank agency
3 shall not include within any resolution, contract, or agreement with
4 holders of its bonds or notes any provision which provides that a
5 default occurs as a result of the state exercising its right to amend,
6 repeal, modify, or otherwise alter section fifty-four of this chapter or
7 any other provision relating to state aid to municipalities.
8 7. During the period that the comptroller is required to make payments
9 to the state of New York municipal bond bank agency as provided in this
10 section, no fiscal stability bond eligible city shall have any right,
11 title, or interest in or to state aid revenues.
12 8. Any state aid not transferred by the comptroller to the state of
13 New York municipal bond bank agency pursuant to subdivision four of this
14 section shall be transferred by the comptroller to the fiscal stability
15 bond eligible city as state aid appropriated by the state pursuant to
16 section fifty-four of the state finance law.
17 § 10. This act shall take effect immediately, provided, however, that
18 for the purposes of meeting the criteria set forth in section three of
19 this act, a fiscal stability bond eligible city shall use city fiscal
20 years beginning on or after January 1, 2003.
21 PART KK
22 Section 1. Subdivision 2-b of section 3033 of the public authorities
23 law, as added by chapter 449 of the laws of 1990, is amended to read as
24 follows:
25 2-b. In addition to the authority provided in subdivisions two and
26 two-a of this section, the corporation may, not later than June thirti-
27 eth, nineteen hundred ninety-seven issue bonds and notes in an aggregate
28 principal amount not to exceed one billion five hundred million dollars
29 (excluding any bonds or notes issued to fund the bond reserve fund
30 established pursuant to section three thousand thirty-six-b of this
31 title and any bonds or notes issued to refund outstanding bonds or
32 notes) for the purpose of funding capital projects within the city
33 pursuant to section three thousand thirty-seven-a of this title;
34 provided, however, that such authority shall decrease from time to time
35 by such amounts as the city shall have made available to fund such capi-
36 tal projects; and provided further, that the authority provided in this
37 subdivision shall be exercised pursuant to a memorandum of agreement
38 among the governor, the mayor and the chairman of the corporation, which
39 agreement shall provide that the corporation shall not issue such bonds
40 or notes in any fiscal year in the event and to the extent that the city
41 makes available proceeds from the issuance of its bonds to fund such
42 capital projects; and which agreement shall also provide for certain
43 operating assistance to be made available by the corporation to the
44 city; and provided further, that bonds issued or to be issued to refund
45 bonds of the corporation shall be excluded from such limitation only if
46 the present value of the aggregate debt service on the refunding bonds
47 shall not have at the time of their issuance exceeded the present value
48 of the aggregate debt service on the bonds they were issued to refund,
49 such present value in each case being calculated by using the effective
50 interest rate of the refunding bonds, which shall be that rate arrived
51 at by doubling the semi-annual interest rate (compounded semi-annually)
52 necessary to discount the debt service payments on the refunding bonds
53 from the payment date thereof to the date of issue of the refunding
54 bonds and to the price bid therefor, or to the proceeds received by the
S. 6056 171 A. 9556
1 corporation from the sale thereof, in each case including estimated
2 accrued interest. The rate of interest on bonds which bear interest at a
3 variable rate which shall be used in determining such present values
4 shall be the rate at which such bonds bear interest on the date the
5 refunding bonds are issued. Notwithstanding any other provision of law,
6 no such bond or note of the corporation shall mature more than nineteen
7 years from the date of the original issue of such bond or note and, in
8 any event, not later than July first, two thousand [eight] eighteen.
9 § 2. Section 3033 of the public authorities law is amended by adding a
10 new subdivision 2-c to read as follows:
11 2-c. In addition to the authority provided in subdivisions two, two-a
12 and two-b of this section, the corporation may issue up to an aggregate
13 principal amount of bonds and notes determined by the corporation to be
14 sufficient to provide financial assistance to the city during the two
15 consecutive city fiscal years ending June thirtieth, two thousand five
16 in the maximum permitted amounts determined pursuant to this subdivi-
17 sion. In addition, the corporation may issue a principal amount of bonds
18 or notes to fund any reserve fund, costs of issuance or other costs of
19 the corporation, and the corporation may issue bonds and notes to refund
20 any bonds and notes issued pursuant to this subdivision to provide
21 financial assistance or to fund reserve funds or other costs. The maxi-
22 mum permitted amount of financial assistance to be provided by the
23 corporation to the city from the proceeds of such corporation bonds
24 during the two consecutive city fiscal years ending June thirtieth, two
25 thousand five shall not exceed an amount equal to the amount of revenues
26 that has been or is expected to be certified by the chairman of the
27 corporation, paid by the comptroller of the state and deposited in the
28 bond payment fund established under the corporation's nineteen hundred
29 ninety-one general bond resolution adopted February sixth, nineteen
30 hundred ninety-one, as amended and supplemented, during the period
31 commencing June twenty-fifth, two thousand three and ending June thirti-
32 eth, two thousand five. Notwithstanding any other provision of law, no
33 such bond or note of the corporation shall mature later than July first,
34 two thousand eighteen.
35 § 3. Paragraph (a) of subdivision 3 of section 3033 of the public
36 authorities law, as amended by chapter 561 of the laws of 1980, is
37 amended to read as follows:
38 (a) No note or bond [(i)] shall mature more than thirty years from the
39 date of the original issue of such note or bond and, in any event, not
40 later than July first, two thousand [eight] eighteen [or (ii) shall be
41 issued on a date later than December thirty-first, nineteen hundred
42 eighty-four, unless such note or bond is a renewal or refunding of an
43 outstanding note or bond].
44 § 4. Subdivision 3 of section 3036-b of the public authorities law, as
45 added by chapter 449 of the laws of 1990, is amended to read as follows:
46 3. The corporation shall create [a] one or more bond payment [fund]
47 funds.
48 § 5. The tax law is amended by adding a new section 1107-a to read as
49 follows:
50 § 1107-a. Temporary sales tax assistance for cities of one million or
51 more. Notwithstanding any provision of law to the contrary: (a) General.
52 For the period commencing June first two thousand five, and ending
53 February twenty-eighth, two thousand eighteen, in addition to any tax
54 imposed by or pursuant to this article or other law, there is hereby
55 imposed during such period, within the territorial limits of a city of
56 one million or more, and there shall be paid, additional taxes, at the
S. 6056 172 A. 9556
1 rate of four percent, which shall be identical to the taxes otherwise
2 imposed in such a city by paragraph six of subdivision (c) and by subdi-
3 visions (d) and (e) of section eleven hundred five of this part which
4 are suspended only within the territorial limits of such a city by
5 subdivision (d) of this section. All provisions of this article applica-
6 ble to such paragraph and such subdivisions of such section eleven
7 hundred five, including the definition and exemption provisions, shall
8 apply for purposes of the taxes imposed by this section in the same
9 manner and with the same force and effect as if the language of those
10 sections had been incorporated in full into this section and had
11 expressly referred to the taxes imposed by this section.
12 (b) Transitional provisions. The transitional provisions contained in
13 subdivisions (a) and (c) of section eleven hundred six of this part
14 shall apply to the taxes imposed by this section, except that all refer-
15 ences in such subdivisions (a) and (c) to August first, nineteen hundred
16 sixty-five, shall be read as referring to June first, two thousand five,
17 and all references in such subdivision (a) to April first, nineteen
18 hundred sixty-five shall be read as referring to February first, two
19 thousand five.
20 (c) Termination of taxes imposed by this section. At the end of Febru-
21 ary twenty-eighth, two thousand eighteen, the taxes imposed by this
22 section shall terminate. Despite such termination, the provisions of
23 this section and any regulations promulgated pursuant thereto, including
24 any provisions with respect to assessment, payment, termination,
25 collection and refund of such taxes, the requirements for filing
26 returns, preservation of records and disposition of revenue shall
27 continue in full force and effect with respect to all such taxes accrued
28 up to the effective date of such termination.
29 (d) Suspension and resumption of certain taxes. (1) On June first, two
30 thousand five, the taxes imposed by paragraph six of subdivision (c) and
31 by subdivisions (d) and (e) of section eleven hundred five of this part
32 shall be suspended, but only within the territorial limits of such a
33 city.
34 (2) All of the provisions which imposed the taxes suspended within the
35 territorial limits of such a city by this section and any regulations
36 promulgated with respect to such taxes, including any provisions with
37 respect to assessment, payment, determination, collection and refund of
38 such taxes, requirements for filing returns, preservation of records and
39 disposition of revenue shall continue in full force and effect with
40 respect to all such taxes accrued up to the effective date of such
41 suspension.
42 (3) On the date that the taxes imposed by subdivision (a) of this
43 section are terminated as provided in subdivision (c) of this section,
44 the suspension provided for in paragraph one of this subdivision shall
45 terminate and the taxes imposed by paragraph six of subdivision (c) and
46 by subdivisions (d) and (e) of section eleven hundred five of this part
47 shall go into full force and effect in such city.
48 (e) Disposition of revenues from taxes imposed by this section. All
49 revenues resulting from the taxes imposed by subdivision (a) of this
50 section shall be paid by the state comptroller to the city for deposit
51 into the treasury of the city in which such taxes are imposed and shall
52 be credited to and deposited in the general fund of such city, provided,
53 however, that, after the payment, in each fiscal year of the state, of
54 one hundred seventy million dollars of such revenues to such city, all
55 of the balance of such revenues (including taxes, interest and penal-
56 ties) collected or received shall be deposited and disposed of pursuant
S. 6056 173 A. 9556
1 to the provisions of section eleven hundred forty-eight of this article,
2 into the general fund of the state treasury.
3 (f) Effect of this section on this article and article twenty-nine of
4 this chapter. (1) Nothing in this section shall affect the imposition or
5 operation of any taxes imposed by this article outside the territorial
6 limits of such a city or imposed within the territorial limits of such a
7 city other than those suspended by this section. Nor shall this section
8 affect in any way the taxes imposed by section eleven hundred seven of
9 this part in such city or section eleven hundred nine of this part in or
10 out of such city.
11 (2) For purposes of article twenty-nine of this chapter, the suspen-
12 sion by this section of taxes described in section eleven hundred five
13 of this part within the territorial limits of such city shall have no
14 effect on any tax authorized to be imposed by such article twenty-nine;
15 and any taxes authorized to be imposed by sections twelve hundred ten
16 through twelve hundred eleven of such article twenty-nine and any local
17 law, ordinance or resolution adopted or amended pursuant to the authori-
18 ty of any such section of such article twenty-nine shall continue to
19 include the taxes described in paragraph six of subdivision (c) and
20 subdivisions (d) and (e) of such section eleven hundred five.
21 § 6. Subdivision (a) of section 1111-a of the vehicle and traffic law,
22 as amended by chapter 651 of the laws of 1995, is amended to read as
23 follows:
24 (a) Notwithstanding any other provision of law, each city with a popu-
25 lation of one million or more is hereby authorized and empowered to
26 adopt and amend a local law or ordinance establishing a demonstration
27 program imposing monetary liability on the owner of a vehicle for fail-
28 ure of an operator thereof to comply with traffic-control indications in
29 such city in accordance with the provisions of this section. Such demon-
30 stration program shall empower a city to install and operate traffic-
31 control signal photo-monitoring devices at no more than one hundred
32 fifty intersections within such city at any one time.
33 § 7. Subdivision (m) of section 1111-a of the vehicle and traffic law,
34 as amended by chapter 503 of the laws of 1999, is amended to read as
35 follows:
36 (m) In any city which adopts a demonstration program pursuant to
37 subdivision (a) of this section, such city shall submit a report on the
38 results of the use of a traffic-control signal photo-monitoring system
39 to the governor, the temporary president of the senate and the speaker
40 of the assembly by March first, two thousand [four] eight. Such report
41 shall include, but not be limited to:
42 1. a description of the locations where traffic-control signal photo-
43 monitoring systems were used;
44 2. the number of violations recorded at each intersection and in the
45 aggregate on a daily, weekly and monthly basis;
46 3. the total number of notices of liability issued;
47 4. the number of fines and total amount of fines paid after first
48 notice of liability;
49 5. the number of violations adjudicated and results of such adjudi-
50 cations including breakdowns of dispositions made;
51 6. the total amount of revenue realized by such city; and
52 7. quality of the adjudication process and its results.
53 § 8. Section 17 of chapter 746 of the laws of 1988, amending the vehi-
54 cle and traffic law and other laws relating to the civil liability of
55 vehicle owners for traffic control signal violations, as amended by
56 chapter 503 of the laws of 1999, is amended to read as follows:
S. 6056 174 A. 9556
1 § 17. This act shall take effect on the thirtieth day after it shall
2 have become a law [and shall remain in full force and effect until
3 December 1, 2004 when upon such date the amendments and provisions made
4 by this act shall be deemed repealed; provided, however, any such local
5 laws as may be enacted pursuant to this act shall remain in full force
6 and effect only until the expiration on December 1, 2004].
7 § 9. Subdivision (a) of section 19-210 of the administrative code of
8 the city of New York, as amended by local law number 20 of the city of
9 New York for the year 1998, is amended to read as follows:
10 (a) Notwithstanding any other provision of law, the parking violations
11 bureau is hereby authorized and empowered to establish a demonstration
12 program imposing monetary liability on the owner of a vehicle for fail-
13 ure of an operator thereof to comply with traffic-control indications in
14 accordance with the provisions of this section. The department of trans-
15 portation, for purposes of implementation of such program, shall be
16 authorized to install and operate traffic-control signal violation-moni-
17 toring devices at no more than one hundred fifty intersections at any
18 one time.
19 § 10. The opening paragraph of subdivision (o) of section 19-210 of
20 the administrative code of the city of New York, as amended by chapter
21 503 of the laws of 1999, is amended to read as follows:
22 The commissioner shall submit to the governor, the temporary president
23 of the senate, the speaker of the assembly and the council a report on
24 the results of the use of a traffic-control signal violation-monitoring
25 system on or before March first, two thousand [four] eight. Such report
26 shall include, but not be limited to:
27 § 11. Section 2 of local law number 46 of the city of New York for the
28 year 1989 amending the administrative code of the city of New York,
29 relating to civil liability of vehicle owners for traffic control signal
30 violations, as amended by chapter 503 of the laws of 1999, is amended to
31 read as follows:
32 § 2. This local law shall take effect immediately [and shall expire on
33 December 1, 2004].
34 § 12. Subdivision 1 of section 2799-gg of the public authorities law,
35 as amended by section 6 of part A of chapter 88 of the laws of 2000, is
36 amended to read as follows:
37 1. The authority shall have the power and is hereby authorized from
38 time to time to issue bonds, in conformity with applicable provisions of
39 the uniform commercial code, in such principal amounts as it may deter-
40 mine to be necessary pursuant to section twenty-seven hundred ninety-
41 nine-ff of this title to pay the cost of any project and to fund
42 reserves to secure such bonds, including incidental expenses in
43 connection therewith.
44 The aggregate principal amount of such bonds, notes or other obli-
45 gations so issued shall not exceed eleven billion, five hundred million
46 dollars ($11,500,000,000), excluding bonds, notes or other obligations
47 issued to refund or otherwise repay bonds, notes or other obligations
48 theretofore issued for such purposes; provided, however, that upon any
49 refunding or repayment of bonds (which term shall not, for this purpose,
50 include bond anticipation notes), the total aggregate principal amount
51 of outstanding bonds, notes or other obligations may be greater than
52 eleven billion, five hundred million dollars ($11,500,000,000) only if
53 the refunding or repayment bonds, notes or other obligations were issued
54 in accordance with the provisions of subparagraph (a) of subdivision two
55 of paragraph b of section 90.10 of the local finance law, as amended
56 from time to time. Notwithstanding the foregoing, such bonds, notes or
S. 6056 175 A. 9556
1 other obligations may be outstanding in an amount greater than the
2 amount permitted by the preceding sentence, provided that such addi-
3 tional amount, together with the amount of outstanding bonds, notes or
4 other obligations contracted by the city of New York, shall not exceed
5 the limit prescribed by section 104.00 of the local finance law. The
6 authority shall have the power from time to time to refund any bonds of
7 the authority by the issuance of new bonds whether the bonds to be
8 refunded have or have not matured, and may issue bonds partly to refund
9 bonds of the authority then outstanding and partly to pay the cost of
10 any project pursuant to section twenty-seven hundred ninety-nine-ff of
11 this title. Bonds issued by the authority shall be payable solely out of
12 particular revenues or other moneys of the authority as may be desig-
13 nated in the proceedings of the authority under which the bonds shall be
14 authorized to be issued, subject to any agreements entered into between
15 the authority and the city, and subject to any agreements with the hold-
16 ers of outstanding bonds pledging any particular revenues or moneys.
17 § 13. Section 85.00 of the local finance law, as amended by chapter
18 777 of the laws of 1978, is amended to read as follows:
19 § 85.00 Limitation of provisions; emergency period. No provisions of
20 this title, other than [section] sections 85.80 and 85.85, shall be
21 applicable to the city of New York. The provisions of this title shall
22 be applicable (a) only to a municipality , other than the city of New
23 York, with respect to which the legislature has declared that a state of
24 financial emergency exists, and (b) only during such emergency period as
25 may be specified by the legislature for any municipality, other than the
26 city of New York[,]; provided, however, that the provisions of section
27 85.80 of this title shall apply to any municipality, including the city
28 of New York, at any time, and the provisions of section 85.85 of this
29 title shall apply only to the city of New York. As used in this title,
30 the term "emergency financial control board" shall mean any such board
31 established by state law for the municipality, and the term "covered
32 organization" shall mean any such organization as defined in the act
33 declaring that a state of financial emergency exists for such munici-
34 pality. Nothing contained in this title shall be construed to limit or
35 stay any emergency financial control board from doing any act or
36 commencing or continuing any action or special proceeding against or
37 involving the municipality or any covered organization.
38 § 14. The local finance law is amended by adding a new section 85.85
39 to read as follows:
40 § 85.85 General debt service fund; pledge and agreement of the state.
41 a. As used in this section, the following words and terms shall have
42 the following meanings unless the context shall indicate another or
43 different meaning or intent.
44 1. "Comptroller" means the comptroller of the state of New York.
45 2. "City" means the city of New York.
46 3. "Fiscal quarter" means the three-month period beginning July first,
47 October first, January first or April first.
48 4. "Monthly debt service" means as of any date of computation, the
49 amount of monies equal to the aggregate of (i) all interest payable
50 during the month for which the computation is made on bonds and notes of
51 the city, plus (ii) the amount of principal (including payments into
52 sinking funds) maturing or otherwise coming due during such month on all
53 bonds of the city (excluding principal payments made from sinking funds
54 required by the terms of certain city bonds), plus (iii) the amount of
55 principal to be paid on notes of the city during such month from sources
56 other than the proceeds of bonds or renewal notes (exclusive of revenue
S. 6056 176 A. 9556
1 anticipation notes and tax anticipation notes or renewals thereof issued
2 less than two years prior to the date of computation).
3 5. "Fund" means the general debt service fund established pursuant to
4 paragraph b of this section.
5 6. "TAN debt service account" means the tax anticipation note debt
6 service account established within the fund pursuant to paragraph b of
7 this section.
8 7. "RAN debt service account" means the revenue anticipation note debt
9 service account established within the fund pursuant to paragraph b of
10 this section.
11 8. "Available tax levy" with respect to an issue of tax anticipation
12 notes means at any date of computation the total amount of city real
13 estate taxes or assessments projected to be received in cash on or
14 before the fifth day preceding the maturity date of such tax antic-
15 ipation note issue, less amounts required during the period between the
16 date of computation and the fifth day preceding such maturity date to be
17 paid into the general debt service fund or otherwise required to pay
18 interest payable on other outstanding city bonds and notes, principal
19 (including payments into sinking funds) coming due on outstanding city
20 bonds and principal to be paid from sources other than the proceeds of
21 bonds or renewal notes on other outstanding city notes (exclusive of
22 revenue anticipation notes or renewals thereof issued less than two
23 years prior to the date of computation) but not including payments from
24 sinking funds required by the terms of certain city bonds. For the
25 purposes of this subdivision such amounts required shall not include
26 principal of or interest on any notes of the city held by the municipal
27 assistance corporation for the city of New York to the extent that such
28 corporation has evidenced its intention not to present such notes for
29 payment of principal or interest during the fiscal year in which the
30 computation is made provided that such notes were held by such corpo-
31 ration on June thirtieth, nineteen hundred seventy-eight or were issued
32 in exchange for or in refunding or renewal of notes held by such corpo-
33 ration on such date.
34 9. "Short-term obligations" means tax anticipation notes, bond antic-
35 ipation notes, revenue anticipation notes, budget notes and urban
36 renewal notes of the city.
37 10. "Revenues" mean all taxes, federal and state aid, rents, fees,
38 charges, payments, all proceeds from borrowings and other income and
39 receipts paid or payable to or for the account of the city or any of the
40 covered organizations.
41 b. The city shall maintain a general debt service fund for the purpose
42 of paying debt service due or becoming due in the then current fiscal
43 year and in subsequent fiscal years. All monies in the fund shall be
44 held by the comptroller, who shall administer and maintain the fund in
45 accordance with the provisions of this section.
46 1. All payments of or on account of real estate taxes or assessments,
47 other than the proceeds of tax anticipation notes, shall be immediately
48 upon receipt deposited in such fund. The comptroller shall retain,
49 disburse and apply monies in the fund during each month as follows:
50 (a) During the first month of each fiscal quarter, there shall be
51 retained in the fund all real estate tax payments deposited in the fund
52 until there shall have been retained from monies so deposited during
53 such month an amount equal to the total monthly debt service, computed
54 as of the date of any disbursement of money from the fund, for the
55 second and third months of such fiscal quarter; provided that such
S. 6056 177 A. 9556
1 amount shall be reduced by any amount already on deposit in the fund
2 which may be used to pay the monthly debt service for such months.
3 (b) During the second and third months of each fiscal quarter, there
4 shall be retained in the fund all real estate tax payments deposited in
5 the fund until there shall have been retained from monies so deposited
6 during such month an amount equal to the total monthly debt service,
7 computed as of the date of any disbursement of monies from the fund, for
8 the first month of the next succeeding fiscal quarter; provided that
9 such amount shall be reduced by any amount already on deposit in the
10 fund which may be used to pay the monthly debt service for such month.
11 (c) During any month of a fiscal quarter, after the retentions
12 required by subparagraphs (a) and (b) of this subdivision have been made
13 for such month, the comptroller shall deposit any remaining balance of
14 real estate taxes received during such month, first into the TAN debt
15 service account to the extent required under subdivision four of this
16 paragraph, and second into the general fund of the city or otherwise in
17 accordance with law.
18 (d) The city may at any time pay into the fund any monies required by
19 law to be used to pay monthly debt service and any other monies avail-
20 able for such purpose.
21 2. The payment of monthly debt service shall be made, first, from
22 amounts retained in the fund. Amounts retained in the fund (exclusive of
23 the TAN debt service account and the RAN debt service account) shall be
24 used only to pay monthly debt service of the city and, pending this use,
25 shall be pledged to and held in trust for (and a lien thereon, and on
26 the right to receive the real estate tax payments as long as bonds or
27 notes are outstanding, is hereby granted in favor of) the holders of the
28 bonds and notes of the city. Notwithstanding the uniform commercial code
29 or any other law to the contrary, the pledge, trust and lien created by
30 this subdivision shall be valid, binding, perfected and enforceable
31 without any security agreement, nor any physical delivery of the collat-
32 eral or further act, and the lien shall be valid, binding, perfected and
33 enforceable against any purchasers of the fund or the right to receive
34 such payments and all parties having claims of any kind in tort,
35 contract or otherwise against the city, irrespective of whether or not
36 such purchasers or parties have notice thereof. The lien of this subdi-
37 vision on amounts in the fund and the right to receive real estate tax
38 payments arises solely by force of this statute and is not to be created
39 or provided for, nor may it be limited, by any agreement. No agreement
40 or other instrument by which such lien is created or provided for need
41 be executed nor shall any financing statement be recorded or filed.
42 3. Upon the issuance of any tax anticipation notes, the comptroller
43 shall establish and, so long as any tax anticipation notes shall be
44 outstanding, shall maintain a tax anticipation note debt service account
45 within the fund for the purpose of paying the principal of tax antic-
46 ipation notes.
47 4. The city shall determine the date on which the principal due or to
48 become due on an outstanding issue of tax anticipation notes shall equal
49 ninety percent of the available tax levy with respect to such issue, and
50 upon reasonable notice thereof the comptroller shall commence on such
51 date to pay into the TAN debt service account from collections of such
52 taxes and assessments, after retaining amounts required to be deposited
53 in the fund, amounts sufficient to pay when due, the principal of such
54 issue of tax anticipation notes. The payments of the principal of tax
55 anticipation notes shall be made, first, from amounts retained in the
56 TAN debt service account.
S. 6056 178 A. 9556
1 5. Upon the issuance of any revenue anticipation notes, the comp-
2 troller shall establish and, so long as any revenue anticipation notes
3 shall be outstanding, shall maintain a revenue anticipation note debt
4 service account within the fund for the purpose of paying the principal
5 of revenue anticipation notes. Each specific type of revenue in antic-
6 ipation of which such notes are issued and available for such purpose
7 shall be deposited in such account immediately upon receipt by the city.
8 Where such revenue consists of state aid or other revenue to be paid to
9 the city by the comptroller, on the date such revenue is payable to the
10 city, the comptroller shall deposit such revenue directly into such
11 account in lieu of payment to the city.
12 6. The city shall determine the date on which the principal due or to
13 become due on an outstanding issue of revenue anticipation notes shall
14 equal ninety percent of the total amount of revenue against which such
15 notes were issued remaining to be paid to the city on or before the
16 fifth day prior to the maturity date of such notes and upon reasonable
17 notice thereof the comptroller shall commence on such date to retain in
18 the RAN debt service account from amounts deposited or to be deposited
19 therein of each specific type of revenue in anticipation of which reven-
20 ue such anticipation notes were issued, an amount sufficient to pay,
21 when due, the principal of such revenue anticipation notes. Monies
22 retained in such account shall vest immediately in the comptroller in
23 trust for the benefit of the holders of the revenue anticipation notes
24 in anticipation of which such notes were issued. No person having any
25 claim of any kind in tort, contract or otherwise against such city shall
26 have any right to or claim against any monies of the state appropriated
27 by the state and in anticipation of which such notes have been issued,
28 other than a claim for payment by the holders of such notes, and such
29 monies shall not be subject to any order, judgment, lien, execution,
30 attachment, setoff or counter-claim by any such person; provided, howev-
31 er, that nothing contained in this paragraph shall be construed to
32 limit, impair, impede or otherwise adversely affect in any manner the
33 rights or remedies of the purchasers and holders and owners of any bonds
34 or notes of the state or any agency, instrumentality, public benefit
35 corporation or political subdivision thereof, including the city of New
36 York, under which such purchasers and holders and owners have any right
37 of payment of such bonds or notes by recourse to state aid or local
38 assistance monies held by the state or for the payment of which bonds or
39 notes state aid or local assistance monies are a designated source. The
40 payment of the principal of revenue anticipation notes shall be made
41 first from amounts retained in the RAN debt service account.
42 7. Whenever the amount contained in the TAN debt service account or
43 the RAN debt service account exceeds the amount required to be retained
44 in such account such excess monies, including earnings on investments of
45 monies in the fund, shall be withdrawn from such account and paid into
46 the general fund of the city or otherwise in accordance with law.
47 8. Subject to agreements made with holders or guarantors of outstand-
48 ing notes or bonds issued by or for the benefit of the city, the comp-
49 troller shall invest the monies retained in the fund in accordance with
50 law.
51 9. Notwithstanding any other provision of this paragraph, the city
52 may, at any time, subject to approval by the comptroller, designate a
53 trust company or bank having its principal place of business in the
54 state of New York and having the powers of a trust company in the state
55 of New York to hold (in trust and subject to a lien to the extent speci-
56 fied in subdivision two of this paragraph) all or any part of the monies
S. 6056 179 A. 9556
1 in the fund and to administer and maintain the monies so held in accord-
2 ance with the applicable provisions of this section and any agreements
3 made pursuant thereto.
4 c. 1. In the event that any notes or bonds are issued by the city, and
5 in addition to any other pledge or agreement authorized by law, the
6 state of New York hereby authorizes the city to include a pledge and
7 agreement of the state of New York in any agreement made by the city
8 with holders or guarantors of such notes or bonds of the city that the
9 state will not take any action which will substantially impair the inde-
10 pendent maintenance of a separate fund for the payment of debt service
11 on bonds and notes of the city, or the statutory lien created by subdi-
12 vision two of paragraph b of this section; provided, however, that the
13 foregoing pledge and agreement shall be of no further force and effect
14 if at any time (i) there is on deposit in a separate trust account with
15 a bank, trust company or other fiduciary sufficient moneys or direct
16 obligations of the United States or obligations guaranteed by the United
17 States, the principal of and/or interest on which will provide moneys to
18 pay punctually when due at maturity or prior to maturity by redemption,
19 in accordance with their terms, all principal of and interest on all
20 outstanding notes and bonds of the city containing this pledge and
21 agreement and irrevocable instructions from the city to such bank, trust
22 company or other fiduciary for such payment of such principal and inter-
23 est with such moneys shall have been given, or (ii) such notes and
24 bonds, together with interest thereon, have been paid in full at maturi-
25 ty or have otherwise been refunded, redeemed, defeased, or discharged;
26 and provided further that the foregoing pledge and agreement shall be of
27 full force and effect upon its inclusion in any agreement made by the
28 city with holders or guarantors of such notes or bonds.
29 2. Upon payment for such obligations issued pursuant to this section
30 by the original and all subsequent holders, inclusion of the foregoing
31 covenant shall be deemed conclusive evidence of valuable consideration
32 received by the state and city for such covenant and of reliance upon
33 such pledge and agreement by any such holder. The state hereby grants
34 any such benefited holder the right to sue the state in a court of
35 competent jurisdiction and enforce this covenant and agreement and
36 waives all rights of defense based on sovereign immunity in such an
37 action or suit.
38 3. The finance board of the city is hereby authorized to enter into
39 agreements and to make covenants with any purchaser, holder or guarantor
40 of obligations issued by the city to protect and safeguard the security
41 and rights of a purchaser, holder or guarantor or to protect and safe-
42 guard the source of payment of such obligations or as deemed appropriate
43 by the finance board which agreements or covenants may contain
44 provisions providing for (a) restrictions on the issuance by the city of
45 its obligations, limitations on the inclusion of expense items in its
46 capital budgets and financial records, reporting and disclosure require-
47 ments not inconsistent with any such restrictions, limitations or
48 requirements of law, (b) conditions that would give rise to an event of
49 default on such obligations, and (c) remedies available to a purchaser,
50 holder or guarantor of such obligations, other than acceleration or the
51 required elimination or reduction of specific municipal expenditures,
52 including the circumstances, if any, under which a trustee or trustees
53 or a fiscal agent may be appointed or may act as a representative of
54 holders of obligations issued by the city in connection with an issue or
55 issues of obligations of the city and the rights, powers and duties
56 which may be vested in such trustee, trustees or fiscal agent as such
S. 6056 180 A. 9556
1 representative. The state of New York hereby pledges and agrees that it
2 will take no action that would impair the power of the city to comply
3 with or to perform any covenant or agreement made pursuant to this
4 subdivision, or any right or remedy of a purchaser, holder or guarantor
5 to enforce such covenant or agreement; and the city is hereby authorized
6 to include such pledge and agreement in any agreement made pursuant to
7 this subdivision.
8 4. Nothing contained in this paragraph shall preclude the state from
9 authorizing the city to exercise, or the city from exercising, any power
10 provided by law to seek application of laws then in effect under the
11 bankruptcy provisions of the United States constitution or shall
12 preclude the state from validly exercising its police powers or from a
13 further exercise of its powers under section twelve of article eight of
14 the state constitution.
15 d. 1. The limitations on short-term obligations imposed upon the city
16 by this section shall be in addition to the limitations on short-term
17 obligations imposed on the city under all other sections of this chap-
18 ter. In the event any other provision of this chapter shall be incon-
19 sistent with the provisions of this section, the provisions of this
20 section shall prevail.
21 2. (a) No tax anticipation notes shall be issued by the city in antic-
22 ipation of the collection of taxes or assessments levied for a fiscal
23 year which would cause the principal amount of such issue of tax antic-
24 ipation notes to exceed an amount equal to ninety percent of the avail-
25 able tax levy with respect to such issue.
26 (b) Tax anticipation notes and renewals thereof shall mature not later
27 than the last day of the fiscal year in which they were issued.
28 3. (a) No revenue anticipation notes shall be issued by the city in
29 anticipation of the collection or receipt of revenue in a fiscal year
30 which would cause the principal amount of revenue anticipation notes
31 outstanding to exceed ninety percent of the available revenues for such
32 fiscal year. For purposes of this subdivision, available revenues shall
33 be the revenues other than real estate taxes and assessments which have
34 been estimated in the financial plan to be realized in cash during such
35 year, less revenues previously collected, other than revenues on deposit
36 in the RAN debt service account or any special fund established pursuant
37 to law for the payment of interest and/or principal of revenue antic-
38 ipation notes.
39 (b) Each issue of revenue anticipation notes shall be issued only in
40 anticipation of the receipt of a specific type or types of revenue and
41 the amount of revenue, the source of revenue and the anticipated date of
42 payment shall be stated in the proceedings authorizing the issuance of
43 such notes.
44 (c) Revenue anticipation notes shall mature not later than the last
45 day of the fiscal year in which they were issued, and may not be renewed
46 or extended to a date more than ten days after the anticipated date of
47 receipt of such revenue. No such renewal note shall mature after the
48 last day of such fiscal year.
49 4. (a) No bond anticipation note shall be issued by the city in any
50 fiscal year which would cause the principal amount of bond anticipation
51 notes outstanding, together with interest due or to become due thereon,
52 to exceed fifty percent of the principal amount of bonds issued by the
53 city in the twelve months immediately preceding the month in which the
54 note is to be issued.
55 (b) The proceeds of each bond issued shall be (i) held in trust for
56 the payment, at maturity, of the principal of and interest on any bond
S. 6056 181 A. 9556
1 anticipation notes of the city issued in anticipation of such bonds and
2 outstanding at the time of the issuance of such bonds, (ii) paid into
3 the general fund of the city in repayment of any advance made from such
4 fund pursuant to section 165.10 of this article, and (iii) any balance
5 shall be expended for the object or purpose for which such bonds were
6 issued.
7 (c) Bond anticipation notes shall mature not later than six months
8 after their date of issuance and may be renewed for a period not to
9 exceed six months.
10 5. Budget notes issued pursuant to section 29.00 of this article may
11 only be issued to fund projected expense budget deficits. No budget
12 notes or renewals thereof, shall mature later than sixty days prior to
13 the last day of the fiscal year next succeeding the fiscal year during
14 which such budget notes were originally issued.
15 e. The general debt service fund established under the New York state
16 financial emergency act for the city of New York shall be the fund main-
17 tained and continued pursuant to this section, and the provisions of
18 this section, including but not limited to the statutory lien created by
19 subdivision two of paragraph b of this section, shall be fully applica-
20 ble thereto in addition to the provisions of such act, and notwithstand-
21 ing the termination of such act. The pledge and agreement authorized by
22 paragraph c of this section shall be in addition to any pledge or agree-
23 ment authorized by such act.
24 § 15. Subdivision 3 of paragraph b of section 104.00 of the local
25 finance law, as added by chapter 831 of the laws of 1951, is amended to
26 read as follows:
27 3. The city of New York, for city purposes, ten per centum; provided
28 that, such calculation of indebtedness shall also include the amount of
29 bonds, notes, or other obligations, so outstanding, that exceeds eleven
30 billion five hundred million dollars ($11,500,000,000), as provided in
31 subdivision one of section twenty-seven hundred ninety-nine-gg of the
32 public authorities law;
33 § 16. Part A4 of chapter 62 of the laws of 2003, amending the public
34 authorities law relating to payments made to the city of New York, is
35 REPEALED.
36 § 17. Part V of chapter 63 of the laws of 2003, amending the public
37 authorities law relating to payments made to the city of New York, is
38 REPEALED.
39 § 18. Part K of chapter 686 of the laws of 2003, amending the tax law,
40 the New York state financial emergency act for the city of New York and
41 the public authorities law relating to termination of certain taxes in a
42 city with a population of one million or more and the termination of the
43 municipal assistance corporation for the city of New York is REPEALED.
44 § 19. It is hereby declared to be the express intent of the legisla-
45 ture that, during the period commencing June 1, 2005, and ending Febru-
46 ary 28, 2018, a transaction subject to tax under section 1107-a of the
47 tax law, as added by section five of this act, shall at all times be
48 subject to such tax; and that, notwithstanding any other provision of
49 law, if, as the result of any action by any court of competent jurisdic-
50 tion, any tax imposed by such section 1107-a is enjoined, suspended,
51 terminated or otherwise prevented from applying as provided in such
52 section 1107-a, then, immediately upon the date that any such tax
53 imposed by such section 1107-a does not so apply, the similar tax
54 imposed by paragraph 6 of subdivision (c) or by subdivision (d) or (e)
55 of section 1105 of the tax law suspended by section five of this act
56 shall no longer be suspended and shall apply to such transaction; so
S. 6056 182 A. 9556
1 that any such transaction shall, at all times, without exception, be
2 subject to tax either under such section 1107-a or 1105, as the case may
3 be.
4 § 20. Severability clause. If any clause, sentence, paragraph, subdi-
5 vision, section or part of this act shall be adjudged by any court of
6 competent jurisdiction to be invalid, such judgment shall not affect,
7 impair, or invalidate the remainder thereof, but shall be confined in
8 its operation to the clause, sentence, paragraph, subdivision, section
9 or part thereof directly involved in the controversy in which such judg-
10 ment shall have been rendered. It is hereby declared to be the intent of
11 the Legislature that this act would have been enacted even if such
12 invalid provisions had not been included herein.
13 § 21. This act shall take effect immediately and shall be deemed to
14 have been in full force and effect on and after April 1, 2004.
15 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
16 sion, section or part of this act shall be adjudged by any court of
17 competent jurisdiction to be invalid, such judgment shall not affect,
18 impair, or invalidate the remainder thereof, but shall be confined in
19 its operation to the clause, sentence, paragraph, subdivision, section
20 or part thereof directly involved in the controversy in which such judg-
21 ment shall have been rendered. It is hereby declared to be the intent of
22 the legislature that this act would have been enacted even if such
23 invalid provisions had not been included herein.
24 § 3. This act shall take effect immediately provided, however, that
25 the applicable effective date of Parts A through KK of this act shall be
26 as specifically set forth in the last section of such Parts.
S. 6056 183 A. 9556
2004-2005 NEW YORK STATE EXECUTIVE BUDGET
PUBLIC PROTECTION AND GENERAL GOVERNMENT ARTICLE VII LEGISLATION
CONTENTS
STARTING
PAGE
PART DESCRIPTION NUMBER
A Merge the Crime Victims Board into the Division
of Criminal Justice Services. 5
B Expand the parking ticket surcharge statewide. 11
C Make permanent the authorization to fund part of
the State's public safety efforts with Motor Vehicle
Law enforcement fees. 11
D Permit grand jury testimony by police officers to
be provided by affidavit rather than requiring
personal appearance. 13
E Increase most new filing fees for alcoholic beverage
licenses and permits to reflect State administrative
costs. 14
F Authorize the use of owner-controlled insurance by
State agencies, public authorities, and
municipalities. 14
G Clarify the authority of the Department of Civil
Service regarding the administration of the
Employee Health Insurance Fund. 15
H Establish comprehensive pension reform. 16
I Establish a State licensing fee on pistol and
revolver permits and an expiration date for all
gun licenses. 21
J Allow localities to assess a fee up to $5 on
vehicle insurance policies to fund local public
safety needs. 24
K Increase the maximum civil penalty for unfair and
deceptive business practices and false advertising. 24
L Abolish the State Liquor Authority and transfer its
functions to the Division of Alcoholic Beverage
Control. 25
M Extend the period when the Division of Parole can
process a parole violation warrant for certain
out-of-State parole violators. 34
N Eliminate certain transcript requirements for
Workers' Compensation Board proceedings. 34
O Increase fees paid by operators of nuclear power
reactors to fund enhanced State and local emergency
preparedness. 34
P Increase the penalty for violations of New York
State's No Telemarketing Sales Call Law to conform
with the Federal penalty. 35
Q Permit a new standard using "aggregate weight" for
lab analysis of illegal drug evidence. 35
R Authorize the Consumer Protection Board to recover
costs incurred while investigating complaints
pertaining to the Motor Fuel Practices Act. 42
S Establish a medical payment cap and catastrophic
allowance for crime victim claims. 43
S. 6056 184 A. 9556
T Encourage intergovernmental cooperation to expedite
statewide deployment of enhanced wireless 911 service. 43
U Authorize the Superintendent of Banks to establish
various assessments, fees and penalties by regulation. 45
V Establish a new fee to be paid by convicted sex
offenders. 65
W Authorize mandatory surcharges and the crime victim
assistance fee to be imposed in cases where the
defendant paid restitution. 70
X Authorize counties to assess probation fees to
support county probation services. 70
Y Require a mandatory surcharge and a crime victim
assistance fee for defendants adjudicated as
youthful offenders. 72
Z Require that speeding ticket fines be based on the
initial charged offense. 73
AA Increase the minimum daily rate of pay for New York
National Guard members on State active duty. 74
BB Accelerate the reimbursement payment for indigent
legal services. 74
CC Authorize the Division of Criminal Justice Services
to implement automated photo-monitoring at work zones
to reduce speeding. 79
DD Increase registration and renewal fees for student
athlete agents to reflect State administrative costs. 82
EE Establish new filing fees for various services
provided by the Public Employment Relations Board. 83
FF Clarify when the Division of Parole is responsible
for reimbursing local jails for housing a
presumptively released, paroled or conditionally
released violator. 83
GG Authorize deposits, temporary loans for various
funds, and bond cap changes; propose provisions
relating to debt and other general fiscal management
issues. 84
HH Provide General Purpose Local Government Aid to
cities, towns and villages. 109
II Authorize comprehensive mandate relief initiatives
for localities. 112
JJ Authorize the Municipal Bond Bank to issue Fiscal
Stability Bonds on behalf of distressed upstate
cities. 161
KK Propose alternative Municipal Assistance Corporation
refinancing plan. 170