RETRIEVE BILL PPGG - 0607


                STATE OF NEW YORK
        ________________________________________________________________________

            S. 6456                                                  A. 9556

                SENATE - ASSEMBLY

                                    January 20, 2006
                                       ___________

        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 general municipal law, the municipal home rule law,
          and the village law, in relation  to  mergers  and  consolidations  of
          municipal  governments; and to repeal section 2-218 of the village law
          relating to registration list of voters (Part A); to amend  the  state
          finance law and the executive law, in relation to creating a permanent
          program  of  aid  and  incentives  for  municipalities;  and to repeal
          certain provisions of the state finance law relating thereto (Part B);
          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 facilities development
          corporation act, chapter 560 of the laws of 1980 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
          establishing a United Nations development district and formulating and
          administering  plans  for the development of such district, chapter 35
          of the laws of 1979 appropriating funds to the New  York  state  urban
          development corporation, chapter 735 of the laws of 1979 providing for
          construction of an American stock exchange/office facility in New York
          county,  chapter  825 of the laws of 1987 amending the public authori-
          ties law and other laws relating to the construction  and  improvement
          of  court  facilities  and  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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12270-01-6
        S. 6456                             2                            A. 9556

          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  jurisdic-
          tion  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 trans-
          portation authority, 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  prop-
          erty  and  wrongful deaths; to amend the general municipal law and the
          public officers law, in relation to the authorization of inter-munici-
          pal agreements; to amend the general municipal  law,  in  relation  to
          local  government  procurement practices; to repeal section 101 of the
          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 trustees
          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, relating to the requirements for sepa-
          rate contracts for certain public work; to repeal subdivisions (a) and
          (b) of section 4545 of the civil practice law and rules,  relating  to
          admissibility  of collateral source of payment; and to repeal subdivi-
          sion (e) of rule 4111 of the civil practice law and rules, relating to
          itemized verdicts in certain actions against  a  public  employer  for
          personal  injury  and  wrongful  death  (Part  C);  to amend the state
          finance law, in relation to creating a new  state  assistance  program
          for  eligible  cities  and  eligible  municipalities  in which a video
          lottery gaming facility is located (Part D); establishing the New York
          state pension reform task force (Part E); to amend the  civil  service
          law and chapter 101 of the laws of 2004 amending the civil service law
          and  the  state  finance law relating to the health insurance fund, in
          relation to such funds and the  effectiveness  thereof  (Part  F);  to
          provide  a temporary retirement incentive for certain public employees
          (Part G); in relation to providing for the administration  of  certain
          funds  and  accounts  related  to the 2006-2007 budget; in relation to
          authorizing certain payments and transfers; to amend the state finance
          law, in relation to the school tax relief fund;  in  relation  to  the
          collection and processing of civil fingerprints; to amend the New York
          state  medical  care facilities finance agency act, in relation to the
          issuance of bonds; to  amend  the  private  housing  finance  law,  in
          relation  to  housing program bonds and notes; to amend chapter 389 of
        S. 6456                             3                            A. 9556

          the laws of 1997, relating to the financing of the correctional facil-
          ities improvement fund and the youth  facility  improvement  fund,  in
          relation  to the issuance of bonds; to amend chapter 61 of the laws of
          2005,  relating  to temporary loans and fund transfers, in relation to
          the issuance of bonds; in relation to awarding contracts by the office
          of technology for the consolidated data center facility; to amend  the
          public  authorities  law,  in  relation to the maximum amount of bonds
          that may be issued; to amend chapter 81 of the laws of 2002,  relating
          to  providing  for  the  administration  of certain funds and accounts
          related to the 2002-2003 budget, in relation to the financing  of  the
          Elk  street  parking garage building located in the city of Albany; to
          amend the public authorities law,  in  relation  to  the  issuance  of
          bonds;  to  amend  the  state  finance law, in relation to issuance of
          certificates of participation, variable rate bonds,  payments,  trans-
          fers  and  deposits  of  funds  and  investment of general funds, bond
          proceeds, and other funds  not  immediately  required;  to  amend  the
          public authorities law, in relation to state environmental infrastruc-
          ture  projects and providing for the repeal of certain provisions upon
          expiration thereof (Part H);  to  amend  the  civil  service  law,  in
          relation  to  the authorization of temporary appointments for informa-
          tion technology projects; and to amend the retirement and social secu-
          rity law, in relation to establishing a new defined contribution bene-
          fit (Part I); to amend chapter 83 of the laws  of  1995  amending  the
          state  finance  law and other laws relating to bonds, notes and reven-
          ues, in relation to eliminating the expiration of  provisions  of  the
          state  finance law relating to purchasing services and commodities; to
          amend the state finance law, in relation to a waiver of prior  written
          consent  for  assignments  of  certain contracts under certain limited
          circumstances; to amend the state finance law and the economic  devel-
          opment law, in relation to increasing discretionary purchasing thresh-
          olds  for procurements, approval thereof by the comptroller and publi-
          cation of notice of the procurement opportunity; to amend the  general
          municipal  law,  in  relation  to  increasing discretionary purchasing
          thresholds for procurements;  to  amend  the  state  finance  law,  in
          relation  to  providing  technical and substantive improvements in the
          procurement of commodities and  services,  establishing  the  advisory
          council  on vendor responsibility database, the definition of "respon-
          s", enhancing the policy making authority of the state procurement
          council and the notice required to be provided of the  sale  of  state
          property; to amend chapter 62 of the laws of 2003 amending the general
          municipal  law  and the county law relating to expanding the authority
          of a political  subdivision  or  district  to  purchase  materials  or
          contract  for  services,  in relation to the effective date of certain
          provisions thereof; to direct the division  of  minority  and  women's
          business  development  to  study  levels  of qualification and partic-
          ipation; and to repeal subdivision (a) of section  41  of  part  X  of
          chapter  62 of the laws of 2003 amending the general municipal law and
          the county law relating to expanding  the  authority  of  a  political
          subdivision   or  district  to  purchase  materials  or  contract  for
          services, relating to the expiration  of  certain  provisions  thereof
          (Part  J); to amend the alcoholic beverage control law, in relation to
          the filing of a computer file of required  price  schedules,  in  such
          manner and format as the authority may direct; and in relation to sums
          of  civil  penalties  that  may be imposed, and in relation to general
          rule making powers (Part K); to amend chapter 691 of the laws of  2003
          amending  the  general  business law and the executive law relating to
        S. 6456                             4                            A. 9556

          enacting the New York Motor Fuel Marketing Practices Act and to  amend
          the  executive  law,  in  relation  to  the  prosecution of complaints
          referred to the attorney general  by  the  consumer  protection  board
          (Part  L);  to  amend the state finance law, in relation to broadening
          the allowable uses  of  funds  deposited  into  the  criminal  justice
          improvement account (Part M); 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; in
          relation to establishing a photo-monitoring program  to  impose  fines
          for  failing  to obey work zone speed limits and in relation to estab-
          lishing a photo-monitoring program to impose fines for failing to obey
          posted speed limits (Part N); to amend the correction law, in relation
          to amending the notification process for correctional facilities  that
          are  to be closed and a reuse has been approved as part of the enacted
          budget (Part O); to amend chapter 62 of the laws of 2003, amending the
          county law and other laws relating to assigned counsel, in relation to
          criminal history search fees and the legal  services  assistance  fund
          (Part  P); to amend chapter 62 of the laws of 2003 amending the insur-
          ance law and other laws relating  to  motor  vehicle  law  enforcement
          fees,  in  relation to extending the expiration and repeal thereof; to
          amend chapter 56 of the laws of 2004 amending the  insurance  law  and
          the  state finance law relating to motor vehicle law enforcement fees,
          in relation to extending the expiration and repeal thereof;  to  amend
          chapter  55  of  the  laws  of 1992 amending the tax law generally and
          enacting the omnibus revenue act of 1992, in relation to extending the
          expiration and repeal thereof; to amend chapter 57 of the laws of 2000
          amending the state finance law relating  to  a  report  on  automobile
          theft  prevention  activities  of  the  state  police,  in relation to
          extending the expiration and repeal thereof; and to amend  the  execu-
          tive  law,  in  relation to extending the applicability of the plan of
          operation and grant award process of the New York motor vehicle  theft
          and  insurance  fraud prevention demonstration program and the expira-
          tion thereof (Part Q); to amend the criminal procedure law, the execu-
          tive law, the general municipal law and the penal law, in relation  to
          the  payment of financial obligations by credit card, electronic moni-
          toring, drug testing, probation fees and bail  monies;  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
          R); to amend the penal law, in relation to release on  parole,  condi-
          tional release and presumptive release; and to repeal subdivision 2 of
          section  70.40  of such law relating to conditional release of persons
          serving definite sentences of imprisonment  (Part  S);  to  amend  the
          county  law and the tax law, in relation to clarifying the applicabil-
          ity of the state wireless communications service  surcharge,  applying
          the  administrative  and enforcement provisions of the tax law to such
          surcharge, imposing such surcharge on prepaid wireless  communications
          service  and providing a safe harbor for providers of prepaid wireless
          communications services, and conforming the base of the city and coun-
          ty wireless communications service surcharges to  that  of  the  state
          wireless  communications  service  surcharge;  and  to  repeal certain
          provisions of the county law relating thereto (Part T); to  amend  the
          Patriot  Plan,  in  relation  to  extending  the  applicability  of  a
          provision thereof for the suspension of public retirement system  loan
          repayment  obligations  (Part  U);  to amend the civil service law, in
        S. 6456                             5                            A. 9556

          relation to the annual filing of collective bargaining information and
          imposing a fee therefor (Part V); to amend the criminal procedure law,
          in relation to business records as evidence in grand jury  proceedings
          (Part  W);  to  amend  the state finance law and the executive law, in
          relation to centralized services provided by  the  office  of  general
          services  (Part  X);  to amend the penal law, in relation to aggregate
          weight standards for controlled substance offenses (Part Y); to  amend
          the  real  property  tax  law,  in relation to the assessment of state
          owned lands; and to amend chapter 163 of the laws of 2005 relating  to
          the allocation of payments received in lieu of taxes in certain cases,
          in  relation to the allocation of such payments (Part Z); and to amend
          the public lands law and the public authorities law,  in  relation  to
          state aid on certain state-leased or state-owned lands (Part AA)

          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 2006-2007
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through AA. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of this", 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. The general municipal law is amended by adding a new arti-
    14  cle 17-A to read as follows:
    15                                ARTICLE 17-A
    16                         LOCAL GOVERNMENT MERGERS LAW
    17  Section 750. Short title.
    18          751. Legislative intent.
    19          752. Definitions.
    20          753. Commencement of merger study.
    21          754. Study committee.
    22          755. Plan of merger.
    23          756. Ancillary agreements.
    24          757. Public hearing.
    25          758. Adoption of plan of merger; election.
    26          759. Merger.
    27          760. Elections for officers of the new local government.
    28          761. Effect on county boundaries; city charters.
    29          762. Effect of merger on certain districts.
    30          763. Certain districts partially within a new local government.
    31          764. Sales and compensating use tax transitional provisions.
    32          765. Notification and submission of the plan of  merger;  agency
    33                assistance.
    34          766. Effect  on  village  within  a local constituent government
    35                involved in a merger.
        S. 6456                             6                            A. 9556

     1    § 750. Short title. This article shall be known and may  be  cited  as
     2  the "local government mergers".
     3    §  751.  Legislative intent. It is the intention of the legislature by
     4  the enactment of this article to provide a local government mergers law,
     5  pursuant to which adjoining local governments - villages, towns,  cities
     6  or  counties  - may consolidate or merge through local initiative into a
     7  new local government.  The creation and evolution of  local  governments
     8  in  this state has constituted a vital part of the state's political and
     9  social historical development. Local governments have provided a  strong
    10  basis for local pride and identification, yet fiscal and other needs may
    11  call  for  merger  of  the  corporate  structures. Procedures for merger
    12  should allow local initiative  and  implementation  of  the  merger  and
    13  should  recognize and provide a mechanism for continuing local identifi-
    14  cation with governmental antecedents. Hamlets, which delineate geograph-
    15  ic areas within  the  new  government  structure  but  without  separate
    16  governmental  powers, will provide this mechanism for retention of local
    17  identification  with  traditional  governmental  entities.  The   powers
    18  accorded by this article shall be in addition to, and shall not serve to
    19  limit, any other powers now or hereafter conferred on local governments.
    20    § 752. Definitions. As used in this article, unless otherwise express-
    21  ly  stated or unless the context otherwise requires, the following terms
    22  shall mean:
    23    1. "Local govern". A town, village, city or county, but shall  not
    24  include a city with a population over one million.
    25    2.  "Me". The procedure pursuant to this article through which two
    26  or more constituent local governments merge into a new local  government
    27  which shall be one of the constituent local governments.
    28    3.  "Constituent local govern". A local government that is partic-
    29  ipating in the merger with one or more other local governments.
    30    4. "New local govern". The constituent local government into which
    31  one or more other constituent local governments are merged. Where one or
    32  more constituent local governments is a county, the county shall be  the
    33  new local government.
    34    5.  "Governing  b".  The  legislative  body of a constituent local
    35  government.
    36    6. "Adjoi". Two local governments having a common  boundary  line,
    37  however  small,  shall  be deemed to adjoin. More than two local govern-
    38  ments shall be deemed to adjoin if each of them has  a  common  boundary
    39  line with any of the others. Local governments shall be deemed to adjoin
    40  where  a common boundary line lies along or within a public highway or a
    41  body of water.  Where a local government is wholly included  within  the
    42  boundaries of another local government, such governments shall be deemed
    43  to adjoin.
    44    7.  "Ha". A geographic designation within the new local government
    45  which may identify a constituent local  government's  former  boundaries
    46  for purposes of local place name identification.
    47    8.  "Board  of supervi". A county board of supervisors as provided
    48  in section one hundred fifty of the county law.
    49    § 753. Commencement of merger study. The governing boards  of  two  or
    50  more adjoining local governments upon a resolution may, and upon a peti-
    51  tion  of  the  electors  shall, commence a study of merger in accordance
    52  with this article. A petition to study merger  shall  be  sufficient  if
    53  signed  and  acknowledged  by  qualified electors in each such adjoining
    54  local government in number equal to at least ten percent of the resident
    55  electors qualified to vote at the last general or special local  govern-
    56  ment  election in such local government immediately preceding the filing
        S. 6456                             7                            A. 9556

     1  of the petition, and who signed  such  petition  not  earlier  than  one
     2  hundred eighty days prior to filing thereof. The petition shall be filed
     3  with  the municipal clerk of the local government wherein the respective
     4  electors reside.
     5    § 754. Study committee. Prior to the adoption of a plan of merger, the
     6  governing  boards  of  constituent local governments may appoint a joint
     7  study committee on merger. The committee shall be composed of  at  least
     8  one  appointee  from  each  constituent local government. Such committee
     9  shall organize and form such subcommittees  as  it  deems  necessary  or
    10  desirable.    It  shall make a report or reports to the governing boards
    11  which created it. The report or reports shall consider and  make  recom-
    12  mendations,  where desirable, regarding any subject to be addressed in a
    13  plan of merger, ancillary agreements, and any other  related  matter  it
    14  deems necessary or desirable to address.
    15    §  755.  Plan  of merger. The governing board of each local government
    16  proposing to participate in a merger  pursuant  to  this  article  shall
    17  adopt a plan of merger, which shall include:
    18    1.  The name of each constituent local government, the name of the new
    19  local government, and, where the name of the new local government is  to
    20  be changed, the new name of the new local government.
    21    2. The class of government of the new local government, and details of
    22  the  governmental  structure to be implemented for the new local govern-
    23  ment.
    24    3. A plan for the disposition of real or personal  property  or  other
    25  assets of the constituent local governments.
    26    4.  A plan for the payment of outstanding obligations and the levy and
    27  collection of the necessary taxes and assessments therefor.
    28    5. A plan for the separation from employment or  continued  employment
    29  of  appointed  officers  and  employees of the constituent local govern-
    30  ments.
    31    6. The effective date of the merger as  prescribed  by  this  article,
    32  including  a  description of circumstances pursuant to which merger will
    33  not take place.
    34    7.  The method of initial election of supervisors upon approval of the
    35  proposition of merger where the new local  government  will  be  a  city
    36  which is situated in a county governed by a board of supervisors.
    37    8.  The  names  and  geographic areas designated as hamlets of the new
    38  local government, if any.
    39    9. A summary of any ancillary agreements entered into by the constitu-
    40  ent local governments prior to  or  which  will  be  entered  into  upon
    41  adoption of the proposed plan of merger.
    42    10.  Any other matter such board deems necessary or desirable to carry
    43  out the proposed merger.
    44    § 756. Ancillary agreements. The governing bodies of  the  constituent
    45  local  governments  may  adopt  such  ancillary  agreements necessary or
    46  desirable to effect the merger pursuant to the proposed plan of  merger.
    47  Ancillary  agreements  may  address  any  matter  relating to the merger
    48  including but not limited to the continuance of government,  continuance
    49  of  services  upon  merger  of  the  constituent  local  governments,  a
    50  description of circumstances upon which merger shall not take place, and
    51  any matter relating to transition of government prior  to  or  upon  the
    52  effective date of merger.
    53    §  757.  Public  hearing. Prior to adoption of the plan of merger, the
    54  governing boards of the constituent local governments  shall  conduct  a
    55  joint  public  hearing  not less than nine months from the later of: the
    56  last date on which a petition was filed with a constituent local govern-
        S. 6456                             8                            A. 9556

     1  ment; or, the last date a resolution to  commence  a  merger  study  was
     2  passed  by  the governing board of a constituent local government on the
     3  proposed plan of merger and any ancillary agreement. The governing board
     4  of each constituent government shall vote upon the plan of merger within
     5  one  hundred twenty days from the commencement of the hearing. The joint
     6  public hearing shall be held upon at least ten and not more than  twenty
     7  days  notice.    Such governing boards shall cause notice of such public
     8  hearing to be published once in their official newspapers, or, if  there
     9  is  no  official newspaper, in a newspaper having general circulation in
    10  the area of the constituent local  governments.  The  proposed  plan  of
    11  merger  and  any  ancillary  agreements  shall  be  available for public
    12  inspection by each constituent local government and copies  thereof  may
    13  be  made available without charge or at a charge consistent with section
    14  eighty-seven of the public officers law.
    15    § 758. Adoption of plan of merger; election. 1. Upon adoption  of  the
    16  plan  of  merger  by the governing board of all of the constituent local
    17  governments, a proposition for merger  containing  such  plan  shall  be
    18  submitted  to  the  qualified electors of each constituent local govern-
    19  ment, at the next succeeding general election held not less than  ninety
    20  days after the last date of adoption of the plan of merger by a constit-
    21  uent local government.
    22    2.  Within  thirty  days  of the adoption of the plan of merger by the
    23  governing board of all of the constituent local governments  and  up  to
    24  the  date  of  the  general  election  at which the proposition is to be
    25  decided, the adopted plan of merger, and an abstract thereof,  shall  be
    26  available for the public to review at the offices of the municipal clerk
    27  of  each  constituent  local  government and at other readily accessible
    28  public places, such as libraries, within the territory of  each  of  the
    29  constituent local governments.
    30    3.  An  abstract  of  the  proposition  shall be published in the same
    31  manner as notice of the public hearing required by this article not more
    32  than twenty days nor less than ten days prior to the general election at
    33  which the proposition is to be decided.
    34    4.  The  proposition  to  be  voted  upon  shall  state:  "Shall   the
    35  _______________________  (names  of  constituent  local  governments) be
    36  merged to become the _______________________ (name of new local  govern-
    37  ment) pursuant to the adopted plan of merger?".
    38    5.  If  such  proposition  is  approved by a majority of the qualified
    39  electors of each constituent local government voting thereon, a  certif-
    40  icate  of such election shall be filed with the secretary of state, with
    41  the clerks of each constituent local government and with the  clerks  of
    42  each  county  in which any part of the constituent local governments are
    43  situated.
    44    § 759. Merger. 1. Upon the effective date of the merger, the constitu-
    45  ent local government shall be merged into the new local government.  The
    46  new  local government shall possess, in the territory of the constituent
    47  local governments, all of the powers that such constituent local govern-
    48  ments possessed.
    49    2. Unless the plan or ancillary agreements  shall  provide  otherwise,
    50  the  outstanding  debts and obligations of the constituent local govern-
    51  ments shall be assumed by the new local government  as  the  same  shall
    52  become  due and payable and be a charge upon the taxable property within
    53  the limits of the new local government and collected in the same  manner
    54  as  new  local  government  taxes  and charges. The new local government
    55  shall be responsible for satisfaction  of  any  outstanding  obligations
    56  between any constituent local government and the state of New York.  The
        S. 6456                             9                            A. 9556

     1  governing  board  of the new local government shall have all powers with
     2  respect to such debts and obligations as the  governing  boards  of  the
     3  constituent  local  governments;  including  the power to issue bonds to
     4  redeem  bond  anticipation notes issued by the constituent local govern-
     5  ments. All indebtedness incurred on behalf  of  special  or  improvement
     6  districts shall remain as if such local governments had not merged.
     7    3.  Unless  the  plan  shall  provide otherwise, all local laws, ordi-
     8  nances, rules or regulations of each  constituent  local  government  in
     9  effect  on  the  date of the merger, including but not limited to zoning
    10  ordinances or local laws, shall remain in effect for  a  period  of  two
    11  years  following  the  effective  date of the merger as if they had been
    12  duly adopted by the new local government, and shall be enforced  by  the
    13  new  local  government  within  the  territory  of the constituent local
    14  government, except that the new local government shall have the power at
    15  any time to amend or repeal such local laws, ordinances, rules or  regu-
    16  lations  in  the  manner as other local laws, ordinances, rules or regu-
    17  lations of the new local government; provided,  however,  that  a  local
    18  law,  ordinance or resolution adopted pursuant to the authority of arti-
    19  cle twenty-nine of the tax law shall be subject  to  the  provisions  of
    20  section seven hundred sixty-four of this article.
    21    4. Upon merger, all records, books and papers of the constituent local
    22  governments  shall  be deposited with the clerk of the new local govern-
    23  ment and they shall thereupon become records of the  new  local  govern-
    24  ment.
    25    5.  Unless  the plan provides otherwise or unless limited by operation
    26  of law, the new local government shall continue to perform and to render
    27  to and in each constituent local government territory  all  those  func-
    28  tions and services which were performed and rendered by such constituent
    29  local  government therein prior to the effective date of the merger. The
    30  cost and expense  of  so  performing  and  so  rendering  functions  and
    31  services  continued  pursuant  to this section shall be budgeted, levied
    32  upon, assessed against and collected from the territories served  as  if
    33  no merger had taken place.
    34    6. Unless the merger plan shall provide otherwise, all of the real and
    35  personal  property and other assets of the constituent local governments
    36  shall become the property of the new local government.    No  action  or
    37  claim  for or against any constituent local government shall be affected
    38  by reason of its merger into another local government.
    39    7. At least sixty days prior to the  effective  date  of  merger,  the
    40  governing  boards  of the constituent local governments, with the excep-
    41  tion of the new local government, shall present the assessment rolls  of
    42  their  respective governments to the governing body of the county.  Such
    43  new governing body shall cause each of the  assessments  thereon  to  be
    44  transferred and added to the assessment roll of the new local government
    45  and  all of the assessments so transferred shall upon the effective date
    46  of merger, for tax purposes, be part of the taxable property and assess-
    47  ments of the new local government.
    48    8. Unless the plan of merger provides otherwise, the merger shall take
    49  effect at the expiration of the thirty-first day of December in the  odd
    50  numbered year following the year in which such ratification occurred.
    51    §  760. Elections for officers of the new local government. 1.  Unless
    52  the plan of merger provides otherwise, elections for officers of the new
    53  local government shall be held  on  the  Tuesday  succeeding  the  first
    54  Monday  in November in the odd numbered year following the year in which
    55  such approval occurred.   All officers elected  to  the  new  government
    56  shall take office upon the effective date of the merger.
        S. 6456                            10                            A. 9556

     1    2.  The term of all elected officials of the constituent local govern-
     2  ments shall expire when the merger becomes  effective,  except  for  the
     3  terms  of  elected county officials who have been elected by electors of
     4  the entire county.
     5    § 761. Effect on county boundaries; city charters. 1. Except where two
     6  or  more  constituent  local  governments  are counties, merger of local
     7  governments pursuant to this article shall not affect any existing coun-
     8  ty boundaries.
     9    2. In the event the new local government is a city or a charter  coun-
    10  ty,  such  charter shall be amended as necessary or desirable to reflect
    11  the merger. In any event, upon the effective date of  such  merger,  the
    12  city  or  county shall possess all powers accorded by such charter as to
    13  the areas of the constituent local governments, pending  charter  amend-
    14  ment.
    15    §  762.  Effect  of  merger on certain districts. 1. If on the date of
    16  merger the new local government wholly includes the territory of a  fire
    17  district,  fire  protection  district,  fire  alarm  district, or a town
    18  special improvement district, and the new local government is a  village
    19  or  city,  such  district  shall cease to exist at the end of the fiscal
    20  year of such district next following the first day of June following the
    21  first day of January next succeeding  the  date  of  merger.  Except  as
    22  otherwise provided in this section, the powers and duties of the govern-
    23  ing  body  of  the  district  and of all the officers of the district in
    24  connection therewith shall then cease, and any board  of  commissioners,
    25  any  office  of  commissioner  and any other office of any such district
    26  shall also cease to exist at such time.
    27    2. a. The obligations and the contracts of a district which  shall  so
    28  cease to exist and the obligations and contracts of a town for the bene-
    29  fit  of  or  chargeable to such a district shall not be impaired by this
    30  section.
    31    b. Notwithstanding the dissolution of  a  district  pursuant  to  this
    32  section:
    33    (i)  an  amount  shall  be  levied  by  the  new  local government and
    34  collected annually from the taxable real property in  the  territory  of
    35  the dissolved district sufficient to pay in regular course the principal
    36  of and interest on all bonds or obligations issued pursuant to the local
    37  finance  law, section one hundred nine-b of this chapter or otherwise by
    38  or on behalf of such district which are outstanding and unpaid as of the
    39  date of the dissolution of the district. Such annual levy and collection
    40  shall continue until all such outstanding bonds and obligations are paid
    41  in full;
    42    (ii) all levies, assessments, fees, rates  or  other  charges  of  the
    43  district  unpaid  as  of  the  date of dissolution and all penalties and
    44  interest thereon shall be collected;
    45    (iii) all moneys collected under subparagraph (ii) of  this  paragraph
    46  which  would be available for district purposes if the district were not
    47  dissolved shall be applied to the payment  of  all  obligations  of  the
    48  district,  other  than those described in subparagraph (i) of this para-
    49  graph, which are due and payable at the time of the dissolution  of  the
    50  district. All such moneys so collected and not required for such purpose
    51  shall be paid over to the fiscal officer of the new local government;
    52    (iv)  the  levies, collections and payments described in subparagraphs
    53  (i), (ii) and (iii) of this paragraph shall be made in the  same  manner
    54  as  if the district had not been dissolved, except that for the purposes
    55  of this paragraph:
        S. 6456                            11                            A. 9556

     1    (A) if a fire district is dissolved, the governing board  of  the  new
     2  local government shall constitute the board of fire commissioners of the
     3  former fire district; and
     4    (B)  if a district other than a fire district is dissolved, the powers
     5  of the governing body of the district shall be exercised  and  performed
     6  by the governing body of the new local government; and
     7    (v)  in lieu of the requirements set forth in subparagraph (i) of this
     8  paragraph, the governing body of the new local government by resolution,
     9  subject to permissive referendum, may provide that the new local govern-
    10  ment shall assume responsibility for  the  levy  and  collection,  as  a
    11  general  charge, of all amounts required to pay the bonds or obligations
    12  therein described. In such event the new local government shall annually
    13  pay an amount sufficient to pay the principal and interest on such bonds
    14  or obligations as same become due and payable in regular course.
    15    c. All contracts of or on behalf of and chargeable to a district which
    16  ceases to exist pursuant to this article, including all  amounts  unpaid
    17  under  such  contracts but excluding all amounts unpaid thereunder which
    18  were due and payable at the time of dissolution of such district,  other
    19  than  obligations  incurred  pursuant  to  the  local finance law and/or
    20  section one hundred nine-b of this chapter shall, to the extent they are
    21  the responsibility of or beneficial to such a district,  be  assumed  by
    22  the new local government and all expenditures under such contracts shall
    23  be charged as provided in this subdivision. The terms and conditions and
    24  all  rights  of  or  on  behalf  of the district, including any right of
    25  amendment or rescission of such contract, shall inure to the benefit  of
    26  the new local government.
    27    3.  Upon  a  district  ceasing to exist hereunder, all property of the
    28  district shall automatically  become  the  property  of  the  new  local
    29  government  and,  in  connection  therewith,  the governing body and any
    30  other officer or person empowered to transfer title  to  or  having  the
    31  custody  or  control  of  any  moneys  of such district, any moneys in a
    32  reserve fund, any real or personal property of such district or used  or
    33  applied for the purposes of such district, any policies of insurance for
    34  the benefit of such district, any documents, instruments and other muni-
    35  ment  of  title  to district property and of any official books, records
    36  and other data relating to the operation and management of such district
    37  shall prepare or cause to be prepared an inventory of all such property,
    38  shall certify same, shall deliver same to the clerk  of  the  new  local
    39  government and shall:
    40    a. pay over to the fiscal officer of the new local government all such
    41  moneys except so much thereof as was collected for the purpose of paying
    42  principal  of and interest on bonds or other obligations issued pursuant
    43  to the local finance law, section one hundred nine-b of this chapter  or
    44  otherwise  by or on behalf of the district and further except so much of
    45  the balance of such moneys as may be required to pay  those  obligations
    46  of  the  district.  The  fiscal  officer  of the new local government on
    47  receipt of such moneys, shall set same aside and apply them pursuant  to
    48  law  to  the purposes of the district which ceases to exist hereunder so
    49  long as the new local government continues to  provide  the  service  or
    50  function  thereof  and  thereafter  to  be applied in reduction of taxes
    51  levied against the area of such former district; provided, however, that
    52  so long as the new local government provides the service or function  of
    53  the  former  district any moneys held by or on behalf of a district in a
    54  reserve fund subject to the provisions of article two of this chapter or
    55  section fifty-five-a of the town law shall be held and  administered  by
    56  the  new  local government as a reserve fund subject to those provisions
        S. 6456                            12                            A. 9556

     1  of article two of this chapter for the same or similar purpose for which
     2  any such fund was established;
     3    b.  transfer,  assign and convey to the new local government the title
     4  to all such real or personal property;
     5    c. assign such policies of insurance and its  interest  thereunder  to
     6  the extent permitted therein to the new local government;
     7    d.  surrender  and deliver all such insurance policies, books, records
     8  and other data to the clerk of the new local government. Copies of offi-
     9  cial books, records and other data relating to the operation and manage-
    10  ment of such district and certified by the officer responsible for  same
    11  shall  be  sufficient  to satisfy the requirements of this paragraph. No
    12  fees or expenses shall be charged for the making of such copies and same
    13  shall be entitled to the same  admissibility  in  evidence  in  a  court
    14  proceeding as the originals thereof; and
    15    e.  surrender  and  deliver  all  other such personal property to such
    16  officer, employee, board or commission as the governing board of the new
    17  local government shall designate. The failure of the governing  body  or
    18  any  other  officer  or  person  to comply with the requirements of this
    19  subdivision shall in no way impair the automatic  transfer  to  the  new
    20  local  government of the right, title or interest of the district of, in
    21  or to such property.
    22    4. Upon a district ceasing to exist pursuant to this article and until
    23  such time as the new local government may  discontinue  the  service  or
    24  function  of such former district, such service or function shall become
    25  a service or function of the new local government and shall be continued
    26  as, in the discretion of the new local government, may be needed in  all
    27  territory  which  previously received same and the governing board shall
    28  have all the powers and duties granted by law in  connection  with  such
    29  service  or  function  and  such  additional powers formerly held by the
    30  governing body or any officer of the district which may be necessary  to
    31  continue the service or function of the district, provided, however:
    32    a.  if the limits of a district which ceases to exist pursuant to this
    33  article are wholly within but are not coterminous with those of the  new
    34  local  government  and the service or function formerly provided by such
    35  district is not extended outside the limits of the former district,  all
    36  the  costs  and  expenses  of such service or function may be chargeable
    37  only to the territory of such former district;
    38    b. if the limits of a district which ceases to exist pursuant to  this
    39  article  are wholly within but are not coterminous with those of the new
    40  local government and the service or function formerly provided  by  such
    41  district is extended outside the limits of such former district, so much
    42  of  all  costs  and expenses of such extension of service or function to
    43  such outside territory as is represented by the payment of the principal
    44  and interest on obligations incurred therefor by the new  local  govern-
    45  ment  pursuant to the local finance law or section one hundred nine-b of
    46  this chapter may be chargeable to and collected from such outside terri-
    47  tory; and all other costs and expenses of such service or  function  may
    48  be chargeable only to that part of the entire territory of the new local
    49  government  in which such service or function is provided. Regardless of
    50  the territory to which such other costs and expenses may be made charge-
    51  able, the same shall be apportioned and collected uniformly and  without
    52  discrimination within such territory;
    53    c.  upon  any fire district ceasing to exist pursuant to this article,
    54  all fire, hose, protection or hook and ladder companies and all  author-
    55  ized  squads  or other units of such district, including the memberships
    56  thereof, shall continue to exist and may merge or consolidate  with  any
        S. 6456                            13                            A. 9556

     1  existing company as provided by law. All such companies, squads or units
     2  shall thereafter be subject to and governed by all the provisions of law
     3  regulating  and  pertaining  to  any such company, squad or unit or fire
     4  department of a village or city as the case may be; and
     5    d.  all  officers  and employees of any district which ceases to exist
     6  pursuant to this article shall to the greatest extent practicable in the
     7  discretion of the governing body of the new local government be  contin-
     8  ued  in  the  same  or  similar  positions as employees of the new local
     9  government and in  connection  therewith,  shall  have  all  the  rights
    10  provided  by the civil service law as if their former positions with the
    11  district had originally been established by the new local government.
    12    5. The governing board of the new local  government  at  any  time  by
    13  local law may discontinue the service or function of the former district
    14  in  all or any part of the new local government; provided, however, that
    15  any such local law shall be subject to a permissive  referendum  of  the
    16  qualified  voters  in the territory receiving the service or function at
    17  the time of the adoption of such local law and in which the  service  or
    18  function is proposed to be continued. For the purpose of such referendum
    19  such  territory shall be considered as if it comprised the entire terri-
    20  tory of the new local government.
    21    6. This section shall not apply to any special assessment area or  any
    22  area  of  assessment for benefit the boundaries of which are coterminous
    23  with or wholly included within the limits of the  new  local  government
    24  which  was  established  only  to  pay  the original cost of any special
    25  improvement or facility or any addition thereto, benefitting such  area.
    26  As  to  any such area the assessments therein established shall continue
    27  to be levied and collected as if the merger had not taken place.  Howev-
    28  er,  any  such  publicly  owned improvement or facility shall become the
    29  property of the new local government in the same manner as  provided  in
    30  subdivision three of this section for property of a district.
    31    7.  Any  other special assessment area or any other area of assessment
    32  for benefit the boundaries of  which  are  coterminous  with  or  wholly
    33  included within the limits of a new local government shall be considered
    34  as  a  district subject to the provisions of this section and chapter if
    35  same was established not only to pay the original cost  of  any  special
    36  improvement  or  facility,  or  any additional cost thereto, benefitting
    37  such area but also to pay the cost of the operation, maintenance, repair
    38  or replacement thereof.
    39    § 763. Certain districts partially within a new local government.   1.
    40  Unless  the  plan  of  merger  provides  otherwise, any town improvement
    41  district and any fire district, fire protection district or  fire  alarm
    42  district  partially located in a constituent local government which upon
    43  the merger would by operation of law or could pursuant to law, cease  to
    44  exist  in  such new local government shall, from the date of such merger
    45  until the first day of June following the  first  day  of  January  next
    46  succeeding such date of merger, continue to perform and to render to and
    47  in  such  constituent  local  government  area  all  those functions and
    48  services rendered by it therein and therefor on the date of the adoption
    49  of the plan of merger.  If the new local government includes within  its
    50  boundaries part of a fire district, fire protection district, fire alarm
    51  district  or  a  town  special  improvement  district,  the territory so
    52  included within the boundaries of the new local government shall not  be
    53  relieved  from  bearing  its  proportionate  share  of  any liability or
    54  indebtedness incurred for such district purposes  while  such  territory
    55  was  a  part of such district and until such liability is discharged, or
    56  such indebtedness paid the proportionate share to which  such  territory
        S. 6456                            14                            A. 9556

     1  would be liable if it had not been included in the boundaries of the new
     2  local  government shall be levied upon, assessed and collected from such
     3  territory by the proper officers of such new  local  government  in  the
     4  same manner as if such territory had not been included within the bound-
     5  aries of the new local government. All moneys so collected shall be paid
     6  over from time to time by the fiscal officer of the new local government
     7  to the supervisor of the town in which the remainder of such district is
     8  located  to discharge such liability. The collector or receiver of taxes
     9  of such town and the  treasurer  of  a  county  shall  continue  in  the
    10  execution  of  their  duties  in respect to the property included in the
    11  boundaries of a new local government until they shall have collected the
    12  taxes authorized or assessed for the year of such merger or  which  have
    13  been  extended  on the town assessment roll and become a lien after such
    14  merger and pay to the fiscal officer of the new  local  government  when
    15  collected  the  taxes  extended  on the assessment roll against property
    16  within the new local government for district purposes.
    17    2. If the territory of the new local government  includes  within  its
    18  boundaries  part  of  such a town district, the proportion of the bonded
    19  debt incurred or obligations incurred pursuant to  section  one  hundred
    20  nine-b  of  this  chapter  by  the town and payable by a tax against the
    21  property within any such district for whose benefit the bonds  or  obli-
    22  gations  were  issued which shall be assumed by the new local government
    23  and the apportionment of personal and real  property  belonging  to  the
    24  special  district shall be determined according to the relative assessed
    25  valuation of the personal and real  property  in  that  portion  of  the
    26  special district without the new local government and that portion with-
    27  in  the  new local government in the following manner: the town board of
    28  the town when acting as a board for a district or  the  commissioner  or
    29  commissioners  of  a district where the special district is managed by a
    30  commissioner or commissioners and the governing board of the  new  local
    31  government being unable to agree within six months after the merger upon
    32  the  proportion  of  the  debt and the apportionment of the personal and
    33  real property, then the supreme court shall have power to determine such
    34  division and to enforce such award, division and determination as  shall
    35  be made in the premises in a suit in equity to be brought in the name of
    36  either of the said parties.
    37    §  764.  Sales  and  compensating  use tax transitional provisions. 1.
    38  Where the new local government in a merger occurring  pursuant  to  this
    39  article  is  a  county  or  a  city which is imposing a tax, which is in
    40  effect on the effective date of the merger, pursuant to the authority of
    41  subpart B of part I of article twenty-nine of  the  tax  law,  such  tax
    42  shall  continue  in  full  force  and  effect and shall apply within the
    43  entire area of such new local government as the  territorial  limits  of
    44  such area are constituted on the effective date of such merger. Any such
    45  imposition  shall  be  subject to the provisions of such article twenty-
    46  nine including provisions relating to the imposition, repeal or  suspen-
    47  sion of the tax by local law, ordinance or resolution.
    48    2.  Notwithstanding  subdivision three of section seven hundred fifty-
    49  eight of this article, any such  tax  imposed  by  a  constituent  local
    50  government which is not the surviving local government shall cease to be
    51  in effect as of the effective date of such merger.
    52    §  765.  Notification  and  submission  of  the plan of merger; agency
    53  assistance. At least one hundred twenty days prior to the effective date
    54  of a merger, the constituent local governments shall  notify  the  state
    55  division  of the budget, the office of the state comptroller, the office
    56  of real property services and the commissioner of taxation  and  finance
        S. 6456                            15                            A. 9556

     1  of  the  scheduled merger, and shall submit to such agencies the plan of
     2  merger and any ancillary agreements, contracts or other legally  binding
     3  agreements. Upon related request, the above named agencies shall provide
     4  any  information  or  technical support to the constituent local govern-
     5  ments, to the extent available within the agency and not  prohibited  by
     6  any  provision of law providing for the confidentiality of such informa-
     7  tion, to help effectuate the merger of such local governments.
     8    § 766.  Effect  on  village  within  a  local  constituent  government
     9  involved  in  a merger.  Consolidation shall not affect any non-involved
    10  village located wholly or partially in a  constituent  local  government
    11  involved in a merger.
    12    §  2.  Subdivision  4  of section 33 of the municipal home rule law is
    13  amended by adding a new paragraph f to read as follows:
    14    f. Provide for any matter  otherwise  authorized  by  law  as  may  be
    15  required in order to create, conform or accommodate a county charter due
    16  to  a  merger of local governments within the county pursuant to article
    17  seventeen-A of the general municipal law.
    18    § 3. Section 2-204 of the village law, as amended  by  section  25  of
    19  part X of chapter 62 of the laws of 2003, is amended to read as follows:
    20    § 2-204 Notice of hearing. Within twenty days after the filing of such
    21  petition  or  copies  thereof, each supervisor with whom same were filed
    22  shall cause to be posted in five public places  in  that  part  of  such
    23  territory  located in his town and five public places within the balance
    24  of the town and also to be published at least twice in the newspaper  or
    25  newspapers  designated  pursuant to subdivision eleven of section sixty-
    26  four of the town law, a joint notice of all  such  supervisors:  that  a
    27  petition  for  the  incorporation of the village of (naming it) has been
    28  received; that [at a place in such territory and] on  a  day,  not  less
    29  than  twenty nor more than thirty days after the date of the posting and
    30  first publication of such notice, which date and place shall  be  speci-
    31  fied  therein, a hearing will be had upon such petition; that such peti-
    32  tion will be available for public inspection in the office of each  town
    33  clerk until the date of such hearing; that the purpose of the hearing is
    34  to  consider  the  legal sufficiency of the petition; that objections to
    35  the legal sufficiency of the petition must be in writing and  signed  by
    36  one or more of the residents of such town; and that any group of persons
    37  having  one or more objections in common may make designation in writing
    38  and signed by them of at least one but no more than three persons giving
    39  the full names and addresses on whom and at which addresses  all  papers
    40  required  to  be  served  in connection with the proceeding for incorpo-
    41  ration shall be served. A majority of such designees must reside in such
    42  town or towns. [In the absence of any other suitable place, such hearing
    43  shall be held in a school building, if any, located in such  territory.]
    44  If  such territory is located in more than one town the hearing shall be
    45  noticed and publicized as a joint hearing of all such towns.    For  the
    46  purposes  of  this  section,  in  the  event  that  the town maintains a
    47  website, one of the posting requirements required by this section may be
    48  fulfilled by posting such information on the town's website.
    49    § 4. Section 2-214 of the village law, as amended  by  section  26  of
    50  part X of chapter 62 of the laws of 2003, is amended to read as follows:
    51    §  2-214  Notice  of  election.  Within ten days after the right to an
    52  election is complete the town clerk of each town in which any portion of
    53  such territory is located shall cause to be posted in five public places
    54  in that part of such territory located in  such  town  and  within  five
    55  public places within the balance of the town and also to be published at
    56  least twice in the newspaper or newspapers designated pursuant to subdi-
        S. 6456                            16                            A. 9556

     1  vision  eleven  of section sixty-four of the town law, a joint notice by
     2  the clerks of all such towns that at [a convenient place in such  terri-
     3  tory]  designated  polling  places,  between the hours of twelve o'clock
     4  noon  and  nine o'clock in the evening and on a day not less than twenty
     5  nor more than thirty days after the date of the posting and first publi-
     6  cation, which date and [place] places shall  be  specified  therein,  an
     7  election  will  be  held  to  determine  whether the proposed village of
     8  (naming it) shall be incorporated. Such election shall not be held on  a
     9  day  of  a town election or of a general election in a town in which any
    10  part of such territory is located.  For the purposes of this section, in
    11  the event that the town maintains a website, one of the posting require-
    12  ments required by this section may be fulfilled by posting such informa-
    13  tion on the town's website.
    14    § 5. Section 2-216 of the village law is amended to read as follows:
    15    § 2-216 Qualification of voters. Each resident in [such territory] any
    16  town in which the territory is located qualified to vote for town  offi-
    17  cers may vote at such election.
    18    § 6. Section 2-218 of the village law is REPEALED.
    19    § 7. Section 2-222 of the village law is amended to read as follows:
    20    § 2-222 Canvass of election.  1. At the close of the polls and as soon
    21  thereafter  as  the  inspectors  of  election shall have completed their
    22  other  duties  as  provided  in  this  chapter  and  in  the  applicable
    23  provisions  of  the  election law, the inspectors thereat shall publicly
    24  canvass and ascertain the vote without adjournment or  postponement  and
    25  upon  the completion of the canvass shall make and sign a certificate of
    26  the holding of the election and of the canvass showing [for the territo-
    27  ry or for each part of each town in the territory and computed separate-
    28  ly for each such part, as the case may be,] the  whole  number  of  such
    29  votes,  the  number  of  blank  and void ballots, if any, the number for
    30  incorporation and the number against incorporation. If a majority of the
    31  valid votes cast in [the territory or in each part of each] any town  in
    32  which  the territory [and computed separately for each such part, as the
    33  case may be,] is located is  for  incorporation,  the  proposed  village
    34  shall be incorporated as provided in section 2-234 of this article.  The
    35  inspectors  of election shall also and before nine thirty o'clock in the
    36  forenoon of the following day file the original of such  certificate  in
    37  the  office  of  the clerk of the town wherein was filed the original of
    38  the petition for incorporation  and  duplicate  copies  thereof  in  the
    39  offices  of  the  clerks  of  all other towns in which a portion of such
    40  territory is located.
    41    2. If the certificate shows that less than a  majority  of  the  valid
    42  votes  cast  in  any  town in which the territory [or in any part of any
    43  town in the territory and computed separately for such part, as the case
    44  may be,] is located at  such  election  is  for  incorporation  then  no
    45  proceeding  for  the  incorporation  of  the  same  territory  shall  be
    46  commenced within [one year] two years from the date of such election.
    47    § 8. Subdivision 1 of section 19-1900 of the village law,  as  amended
    48  by section 34 of part X of chapter 62 of the laws of 2003, is amended to
    49  read as follows:
    50    1.  The  board  of trustees of any village may, and upon a petition of
    51  the electors of the village shall, adopt a plan for  dissolution  and  a
    52  resolution  submitting  a proposition for the dissolution of the village
    53  in accordance with the permissive referendum  article,  except  that  in
    54  determining  the  date  for  submission  of  the proposition pursuant to
    55  section 9-912 of this chapter, the date of the public hearing under this
    56  article shall be used and not the date that the question is presented. A
        S. 6456                            17                            A. 9556

     1  petition to dissolve  a  village  shall  be  sufficient  if  signed  and
     2  acknowledged  or proved by qualified electors of such village, in number
     3  equal to at least [one-third] ten percent of the total number  of  resi-
     4  dent  electors  residing  in  the village, qualified to vote at the last
     5  general village or special village election  immediately  preceding  the
     6  submission  of  the proposition in question, and who signed the petition
     7  not earlier than one hundred twenty days prior to filing thereof.
     8    § 9. Section 19-1902 of the village law, as amended by section  36  of
     9  part X of chapter 62 of the laws of 2003, is amended to read as follows:
    10    §  19-1902  Public hearing. Prior to the submission of the proposition
    11  pursuant to subdivision one of section  19-1900  of  this  article,  the
    12  board of trustees shall conduct a public hearing on the proposed dissol-
    13  ution  of  the village, to be held within nine months of the date of the
    14  filing of the petition, or of the date of the board of  trustees  resol-
    15  ution  on  its own motion pursuant to subdivision one of section 19-1900
    16  of this article.  Notice of the public hearing shall be mailed by certi-
    17  fied or registered mail to the supervisor of the town or towns in  which
    18  the  village  is situated and notice shall be published at least ten but
    19  not more than twenty days before such hearing in the official newspapers
    20  of the village and the town or towns.
    21    § 10. Section 19-1903 of the village law, as added by  section  37  of
    22  part X of chapter 62 of the laws of 2003, is amended to read as follows:
    23    § 19-1903 Plan for dissolution. The plan for dissolution shall address
    24  the following:
    25    1. The disposition of property of the village.
    26    2.  The payment of outstanding obligations and the levy and collection
    27  of the necessary taxes and assessments therefor.
    28    3. The transfer or elimination of public employees.
    29    4. Any agreements entered into with the town or  towns  in  which  the
    30  village is situated in order to carry out the plan for dissolution.
    31    5.  [Whether]  The period of time in which any local laws, ordinances,
    32  rules or regulations of the village in effect on the date of the dissol-
    33  ution of the village shall remain in effect [for a period of time  other
    34  than as provided by section 19-1910 of this article].
    35    6. The continuation of village functions or services by the town.
    36    7.  A  fiscal analysis of the effect of dissolution on the village and
    37  the area of the town or towns outside of the village.
    38    8. Any other matters desirable or necessary to carry out  the  dissol-
    39  ution.
    40    9. A written agreement with the town or towns within whose territorial
    41  jurisdiction  the  village is situated shall be required for any item in
    42  the dissolution  plan  which  does  not  conform  to  sections  19-1910,
    43  19-1912, 19-1914 and 19-1916 of this article.
    44    §  11.  This  act shall take effect immediately and shall be deemed to
    45  have been in full force and effect on and after April 1, 2006.

    46                                   PART B

    47    Section 1. Sections 54 and 54-c of the state finance law are  REPEALED
    48  and a new section 54 is added to read as follows:
    49    §  54.  Aid  and  incentives for municipalities. 1. Definitions.  When
    50  used in this section, unless otherwise expressly stated:
    51    a. "Aid and incentives for municipali" means the total of all  aid
    52  payable  to  municipalities  pursuant  to this section except for grants
    53  payable pursuant to subdivisions ten and eleven of this section.
        S. 6456                            18                            A. 9556

     1    b. "Average full valuation per capita for ci" means the sum of the
     2  full valuation for cities divided by the sum of the  population  of  the
     3  cities.  Cities  for  this purpose shall include all cities with a popu-
     4  lation below one hundred twenty-five thousand.
     5    c. "Base level g" means:
     6    (i)  for  state  fiscal year commencing April first, two thousand six,
     7  the total amount of aid a municipality, other than a school district and
     8  the counties of Essex, Hamilton and  Franklin,  received  in  the  state
     9  fiscal year commencing April first, two thousand five, under the aid and
    10  incentives  for municipalities program in effect at that time and appro-
    11  priated in chapter fifty of the laws of two thousand five,  as  amended,
    12  which  constitutes  the  public protection and general government budget
    13  bill.
    14    (ii) for state fiscal year commencing April first, two thousand  seven
    15  and  in each state fiscal year thereafter, the base level grant received
    16  in the immediately preceding  state  fiscal  year  plus  any  additional
    17  apportionments and fiscal performance awards, if applicable, received in
    18  such year pursuant to subdivisions three and five of this section.
    19    d.  "City  expenditure  am" means expenditures, other than capital
    20  expenditures and the total amount of expenditures in support of a school
    21  district, supported by funds of the  city  that  are  derived  from  any
    22  source  except  city user fees and any funds derived from federal, state
    23  or private sources.
    24    e. "Chief elected offi" means a mayor of a city.
    25    f. "Consumer price i" means the average of the  national  consumer
    26  price  index  for  all  urban consumers (CPI-U) determined by the United
    27  States department of labor.
    28    g. "Director of the bu" means the director of the New  York  state
    29  division of the budget.
    30    h. "Full valua" means:
    31    (i)  for  purposes  of  determining  additional  annual apportionments
    32  pursuant to subdivision three of this section, "full valuation for taxa-
    33  ble purposes" as reported in the state comptroller's special  report  on
    34  local  government  finances  for  New  York state for local fiscal years
    35  ended in two thousand three;
    36    (ii) for purposes of determining additional annual apportionments  and
    37  fiscal  performance awards pursuant to subdivision five of this section,
    38  "full valuation for taxable purposes" as reported  in  the  most  recent
    39  state  comptroller's special report on local government finances for New
    40  York state.
    41    i. "Full valuation per ca" means the  full  valuation  of  a  city
    42  divided by the population of such city.
    43    j. "Municipa" means a city, county, town or village.
    44    k.  "Popula"  means  population  data  based  upon the most recent
    45  federal decennial census.
    46    l. "President of the civil service commis" means the president  of
    47  the New York state civil service commission.
    48    m.  "Secretary  of s" means the secretary of state of the state of
    49  New York.
    50    n. "State comptro" means the comptroller of the state of New York.
    51    2. Base level grants. Within amounts appropriated in the state  fiscal
    52  year  commencing  April first, two thousand six and in each state fiscal
    53  year thereafter there shall be apportioned and paid to municipalities  a
    54  base  level  grant  as defined in paragraph c of subdivision one of this
    55  section.
        S. 6456                            19                            A. 9556

     1    3. Additional annual apportionments beginning  in  state  fiscal  year
     2  commencing April first, two thousand six. Within amounts appropriated in
     3  the  state fiscal year commencing April first, two thousand six, certain
     4  cities, towns and villages shall be eligible to receive  additional  aid
     5  and incentives for municipalities apportioned as follows:
     6    a.  Any  city  with  a population of less than one million but greater
     7  than or equal to one hundred twenty-five thousand shall be  eligible  to
     8  receive  an  additional  annual apportionment equal to eleven percent of
     9  such city's base level grant in the state fiscal year  commencing  April
    10  first, two thousand six, and in each state fiscal year thereafter.
    11    b.  Any  city  with  a population of less than one hundred twenty-five
    12  thousand with a full valuation per capita less than seventy-five percent
    13  of the average full valuation per capita for cities, shall  be  eligible
    14  to receive an additional annual apportionment equal to eleven percent of
    15  such  city's  base level grant in the state fiscal year commencing April
    16  first, two thousand six, and in each state fiscal year thereafter.
    17    c. Any city with a population of less  than  one  hundred  twenty-five
    18  thousand  with  a  full  valuation  per  capita equal to or greater than
    19  seventy-five percent but less than one hundred and  twenty-five  percent
    20  of  the  average full valuation per capita for cities, shall be eligible
    21  to receive an additional annual apportionment equal to six and  one-half
    22  percent  of  such  city's  base  level  grant  in  the state fiscal year
    23  commencing April first, two thousand six, and in each state fiscal  year
    24  thereafter.
    25    d.  Any  city  with  a population of less than one hundred twenty-five
    26  thousand with a full valuation per capita equal to or greater  than  one
    27  hundred and twenty-five percent of the average full valuation per capita
    28  for cities, shall be eligible to receive an additional annual apportion-
    29  ment  equal  to  three and one-quarter percent of such city's base level
    30  grant in the state fiscal year commencing April first, two thousand six,
    31  and in each state fiscal year thereafter.
    32    e. All towns and villages shall be eligible to receive  an  additional
    33  annual  apportionment  equal  to  three  and one-quarter percent of such
    34  town's and village's base level grant in the state fiscal year  commenc-
    35  ing  April first, two thousand six, and in each state fiscal year there-
    36  after.
    37    f. Notwithstanding paragraph e of  this  subdivision,  each  town  and
    38  village  shall receive no less than a one hundred dollar increase in the
    39  state fiscal year commencing April first, two thousand six.
    40    4. Conditions applicable to cities  beginning  in  state  fiscal  year
    41  commencing  April  first, two thousand six and in each state fiscal year
    42  thereafter. As a condition of receiving an additional annual  apportion-
    43  ment pursuant to subdivision three of this section and a fiscal perform-
    44  ance  award pursuant to paragraph b of subdivision five of this section,
    45  if applicable, each city except for a city subject to a  control  period
    46  under a state imposed fiscal stability authority shall:
    47    a.  Develop  a  multi-year financial plan that includes, at a minimum;
    48  projected employment levels; projected annual expenditures for  personal
    49  service, fringe benefits, non-personal services and debt service; appro-
    50  priate reserve fund amounts; estimated annual revenues including projec-
    51  tion  of  property tax rates, the value of the taxable real property and
    52  resulting tax levy, annual growth in  sales  tax  and  non-property  tax
    53  revenues;  and  the proposed use of one-time revenue sources except such
    54  multi-year financial plan shall not apply to a city subject to a differ-
    55  ent financial plan reporting requirement pursuant  to  state  law.  Such
    56  multi-year  financial  plan shall consist of, at a minimum, three fiscal
        S. 6456                            20                            A. 9556

     1  years including the current budget fiscal year and  the  subsequent  two
     2  fiscal years.
     3    b.  Use  the  additional  annual apportionments and fiscal performance
     4  awards for real property tax relief as follows:
     5    (i) To reduce the property tax levy from the previous year;
     6    (ii) To address projected budget gaps identified in the city's  multi-
     7  year financial plan; or
     8    (iii)  To  support  investments  in efficiency and productivity initi-
     9  atives that result in net recurring savings for purposes of real proper-
    10  ty tax relief beginning  in  the  current  fiscal  year  or  immediately
    11  succeeding  fiscal  year.    Such  additional  annual apportionments and
    12  fiscal performance awards  shall  not  be  used  to  support  additional
    13  employee  salary  or  benefit  expenditures  resulting  from  collective
    14  bargaining or other agreements entered into on or after April first, two
    15  thousand six, unless the additional expenditures result in net recurring
    16  savings when combined with other changes in such  agreements.  Provided,
    17  further,  if  additional annual apportionments for the state fiscal year
    18  commencing April first, two thousand six are enacted into law after  the
    19  adoption  of  a city's budget for the fiscal year beginning in two thou-
    20  sand six and cannot be used for such  purposes  in  the  city's  current
    21  fiscal  year,  the  additional  annual apportionments shall be placed in
    22  reserve and used for such real  property  tax  relief  purposes  in  the
    23  following city fiscal year.
    24    c. Seek cost saving efficiencies through shared services arrangements,
    25  consolidations  or  mergers  with other municipalities and document such
    26  efforts as part of the city's multi-year  financial  plan,  pursuant  to
    27  paragraph a of this subdivision.
    28    5.  Additional  annual  apportionments  and  fiscal performance awards
    29  beginning in state fiscal year  commencing  April  first,  two  thousand
    30  seven.  a.  Minimum  additional  annual  apportionments.  Within amounts
    31  appropriated therefor, beginning in the  state  fiscal  year  commencing
    32  April  first, two thousand seven and in each state fiscal year thereaft-
    33  er, all cities with a population of less than one million, all towns and
    34  all villages shall be eligible to receive an  additional  annual  appor-
    35  tionment  equal  to two and one-half percent of such municipality's base
    36  level grant.
    37    b. Fiscal performance awards for certain cities. Within amounts appro-
    38  priated therefor, beginning in the state fiscal  year  commencing  April
    39  first,  two  thousand  seven  and  in each state fiscal year thereafter,
    40  certain cities shall be eligible to receive additional  aid  and  incen-
    41  tives for municipalities apportioned as follows:
    42    (i)  Upon submission of a fiscal performance report in accordance with
    43  subdivision six of this section, any city with a population of less than
    44  one million but greater than or equal to one hundred  twenty-five  thou-
    45  sand  shall  be  eligible to receive a fiscal performance award equal to
    46  seven and one-half percent of such city's base level grant  in  addition
    47  to  the  minimum additional annual apportionment pursuant to paragraph a
    48  of this subdivision.
    49    (ii) Upon submission of a fiscal performance report in accordance with
    50  subdivision six of this section, any city with a population of less than
    51  one hundred twenty-five thousand with a full valuation per  capita  less
    52  than  seventy-five  percent of the average full valuation per capita for
    53  cities shall be eligible to receive a fiscal performance award equal  to
    54  seven  and  one-half percent of such city's base level grant in addition
    55  to the minimum additional annual apportionment pursuant to  paragraph  a
    56  of this subdivision.
        S. 6456                            21                            A. 9556

     1    (iii)  Upon  submission  of  a fiscal performance report in accordance
     2  with subdivision six of this section, any city with a population of less
     3  than one hundred twenty-five thousand with a full valuation  per  capita
     4  equal  to or greater than seventy-five percent but less than one hundred
     5  and  twenty-five  percent  of  the average full valuation per capita for
     6  cities shall be eligible to receive a fiscal performance award equal  to
     7  five  percent of such city's base level grant in addition to the minimum
     8  additional annual apportionment pursuant to paragraph a of this subdivi-
     9  sion.
    10    6. Fiscal performance reports. a. Prior to any city receiving a fiscal
    11  performance award pursuant to paragraph b of subdivision  five  of  this
    12  section  in  the  state fiscal year commencing April first, two thousand
    13  seven and in each state fiscal year thereafter, an  eligible  city  must
    14  first  submit  a fiscal performance report to the director of the budget
    15  and the state comptroller.
    16    b. Such fiscal performance report must be received by the director  of
    17  the  budget  and  the state comptroller on or before September fifteenth
    18  for cities with fiscal years beginning January first and  on  or  before
    19  December fifteenth for all other cities.
    20    c.  To  qualify for a fiscal performance award pursuant to paragraph b
    21  of subdivision five of this section, such fiscal performance report must
    22  document that the city has reduced the real property tax burden  in  the
    23  current city fiscal year by the following means:
    24    (i) Limiting growth in the city expenditure amount in the adopted city
    25  budget  to  no  more than the city expenditure amount for the prior city
    26  fiscal year by a percentage that exceeds the lesser of (1) four percent,
    27  or (2) the result obtained when one hundred twenty percent is multiplied
    28  by the percentage increase in the consumer price index over  the  twelve
    29  month  period  preceding January first of the calendar year in which the
    30  current city fiscal year commences, with the result rounded to two deci-
    31  mal places;
    32    (ii) Implementing new cost  saving  efficiencies  including,  but  not
    33  limited  to, shared service arrangements, consolidations or mergers with
    34  other municipalities; and
    35    (iii) Providing employee health care benefits at an annual cost  equal
    36  to  or  less than the state's per employee cost of providing health care
    37  benefits to its employees, as determined by the president of  the  civil
    38  service  commission  and made available to cities by the director of the
    39  budget. Such requirement shall apply to employees covered under  collec-
    40  tive  bargaining  agreements  entered  into on or after April first, two
    41  thousand six.
    42    d. Such fiscal performance report must contain the  multi-year  finan-
    43  cial  plan  prepared in accordance with subdivision four of this section
    44  unless a city  is  subject  to  a  different  financial  plan  reporting
    45  requirement pursuant to state law.
    46    e.  Prior  to  any  payment  of a fiscal performance award pursuant to
    47  paragraph b of subdivision five of this section in the state fiscal year
    48  commencing April first, two thousand seven and in each state fiscal year
    49  thereafter, the director of the budget must determine that the city  has
    50  submitted  a  complete  fiscal  performance report consistent with para-
    51  graphs b, c and d of this subdivision.
    52    f. Such fiscal performance reports shall be subject to  audit  by  the
    53  state  comptroller. The state comptroller shall audit at least one-third
    54  of all fiscal performance reports received in a year. If the state comp-
    55  troller finds that a fiscal performance report does not comply with  the
    56  requirements  of  this  subdivision  due  to inaccurate reporting or for
        S. 6456                            22                            A. 9556

     1  other reasons, he or she shall notify the city and the director  of  the
     2  budget  of such finding. A fiscal performance award shall not be paid to
     3  a city subject to such finding in the  event  such  notice  is  provided
     4  prior to the scheduled payment date of such fiscal performance award. In
     5  the  event such notice is provided after payment of a fiscal performance
     6  award, the director of the budget shall  be  authorized  to  direct  the
     7  state  comptroller to withhold from any local assistance state aid paya-
     8  ble to such city up to the amount of such fiscal performance award.
     9    7. Certification requirements for cities that receive additional annu-
    10  al apportionments. a. In the event of a failure to provide  the  certif-
    11  ication  required  pursuant  to paragraph f of subdivision ten of former
    12  section fifty-four of this article as such paragraph  read  on  the  day
    13  immediately preceding the date on which this subdivision became law, the
    14  director  of  the  budget  shall be authorized to direct the state comp-
    15  troller to withhold any local assistance state aid payable to such  city
    16  on or after April first, two thousand six up to the amount of such addi-
    17  tional annual apportionment paid pursuant to such law until such certif-
    18  ication is provided.
    19    b.  On  or  before  March  thirty-first, two thousand seven, the chief
    20  elected official of each city receiving additional annual apportionments
    21  pursuant to subdivision three of  this  section,  shall  submit  written
    22  certification  to the director of the budget that such city has complied
    23  with the conditions pursuant to subdivision four of this section. In the
    24  event of a failure to provide such certification, the  director  of  the
    25  budget  shall  be authorized to direct the state comptroller to withhold
    26  any local assistance state aid payable to such city on  or  after  April
    27  first,  two thousand seven up to the combined total of (i) the amount of
    28  such additional annual apportionment and (ii) the amount  of  the  addi-
    29  tional  annual  apportionment  paid  to  such  city in state fiscal year
    30  commencing April first, two thousand five under the  aid  and  incentive
    31  for  municipalities  program  in effect at that time, until such certif-
    32  ication is provided.
    33    c. On or before March thirty-first,  two  thousand  eight  and  on  or
    34  before  March  thirty-first  in  each  state fiscal year thereafter, the
    35  chief elected official of each city receiving additional  annual  appor-
    36  tionments  pursuant  to subdivision three and a fiscal performance award
    37  pursuant to paragraph b of subdivision five of this section, if applica-
    38  ble, shall submit written certification to the director  of  the  budget
    39  that  such city has complied with the conditions pursuant to subdivision
    40  four of this section. In the event of a failure to provide such  certif-
    41  ication,  the  director  of the budget shall be authorized to direct the
    42  state comptroller to withhold any local assistance state aid payable  to
    43  such city on or after April first, two thousand eight up to the combined
    44  total  of  (i)  the  amount of such additional annual apportionment paid
    45  pursuant to subdivision three of this section, (ii) the  amount  of  the
    46  additional  annual  apportionment paid to such city in state fiscal year
    47  commencing April first, two thousand five under the  aid  and  incentive
    48  for  municipalities  program  in  effect  at  that  time,  and (iii) the
    49  combined total of fiscal performance awards granted pursuant to subdivi-
    50  sion five of this section, if applicable, until  such  certification  is
    51  provided.
    52    8.  Payments.  a. In the state fiscal year commencing April first, two
    53  thousand six and in each state fiscal year thereafter, base level grants
    54  shall be paid in the same "on or before month and" manner as:
    55    (i) paid in the state fiscal year commencing April first, two thousand
    56  five under the aid and incentives for municipalities program  in  effect
        S. 6456                            23                            A. 9556

     1  at  that time and appropriated in chapter fifty of the laws of two thou-
     2  sand five, as amended,  which  constitutes  the  public  protection  and
     3  general government budget bill;
     4    (ii) set forth in part R of chapter fifty-six of the laws of two thou-
     5  sand four relating to unrestricted aid to certain cities; or
     6    (iii) set forth in chapter one hundred twelve of the laws of two thou-
     7  sand five relating to payments of aid to the city of Rochester.
     8    b.  Notwithstanding  paragraph  a  of  this  subdivision, in the state
     9  fiscal year commencing April first, two thousand six and in  each  state
    10  fiscal  year  thereafter, two hundred thousand dollars of aid and incen-
    11  tives for municipalities otherwise due and  payable  on  or  before  the
    12  thirty-first  day of March shall be paid to the city of Rensselaer on or
    13  before the thirtieth day of June. Such acceleration of aid shall only be
    14  paid after the city of Rensselaer submits a multi-year financial plan to
    15  the director of the budget that clearly identifies the acceleration as a
    16  non-recurring source of revenue and  includes  feasible  approaches  for
    17  replacing such non-recurring revenue with recurring revenue or recurring
    18  savings in future years.
    19    c.  Notwithstanding  paragraph  a  of  this  subdivision, in the state
    20  fiscal year commencing April first, two thousand six and in  each  state
    21  fiscal  year thereafter, each town shall receive its base level grant on
    22  or before the twenty-fifth day of September.
    23    d. Additional annual apportionments and fiscal performance awards  for
    24  cities.  In  the  state fiscal year commencing April first, two thousand
    25  six and in each state fiscal year thereafter, additional  annual  appor-
    26  tionments  and  fiscal performance awards for cities shall be paid on or
    27  before December fifteenth for cities with fiscal years beginning January
    28  first and on or before March fifteenth for all other cities.
    29    e. Additional annual apportionments for towns  and  villages.  In  the
    30  state  fiscal  year commencing April first, two thousand six and in each
    31  state fiscal year thereafter, additional annual apportionments for towns
    32  and villages shall be paid in the same "on  or  before  month  and "
    33  manner as their base level grants.
    34    f. Aid and incentives for municipalities shall be apportioned and paid
    35  to the chief fiscal officer of each locality on audit and warrant of the
    36  state comptroller out of moneys appropriated by the legislature for such
    37  purpose  to  the credit of the local assistance fund in the general fund
    38  of the state treasury. Any city, including cities with a  population  of
    39  one  million  or  more, town or village receiving aid and incentives for
    40  municipalities pursuant to this section shall  use  such  aid  only  for
    41  general  municipal  purposes except as provided in paragraphs g and h of
    42  this subdivision.
    43    g. Amounts payable to any  city  having  a  population  of  less  than
    44  fifty-five  thousand  but more than fifty-four thousand according to the
    45  federal decennial census of nineteen hundred ninety shall be apportioned
    46  and paid to the special account for the municipal assistance corporation
    47  for the city of Troy in the municipal assistance state aid fund pursuant
    48  to section ninety-two-e of this chapter and chapters one hundred  eight-
    49  y-seven  and  one  hundred  eighty-eight of the laws of nineteen hundred
    50  ninety-five.
    51    h. The base level grant payable to the  city  of  New  York  shall  be
    52  apportioned and paid as required as follows:
    53    (i)   Any   amounts  required  to  be  paid  to  the  city  university
    54  construction fund pursuant to the city university construction fund act;
        S. 6456                            24                            A. 9556

     1    (ii) Any amounts required to be paid to  the  New  York  city  housing
     2  development  corporation  pursuant to the New York city housing develop-
     3  ment corporation act;
     4    (iii) Five hundred thousand dollars to the chief fiscal officer of the
     5  city  of New York for payment to the trustees of the police pension fund
     6  of such city;
     7    (iv) Eighty million dollars to the special account for  the  municipal
     8  assistance corporation for the city of New York in the municipal assist-
     9  ance  tax  fund created pursuant to section ninety-two-d of this chapter
    10  to the extent that such  amount  has  been  included  by  the  municipal
    11  assistance  corporation  for the city of New York in any computation for
    12  the issuance of bonds on a parity with outstanding bonds pursuant  to  a
    13  contract  with  the  holders  of such bonds prior to the issuance of any
    14  other bonds secured by payments from  the  municipal  assistance  corpo-
    15  ration  for  the  city of New York in the municipal assistance state aid
    16  fund created pursuant to section ninety-two-e of this chapter;
    17    (v) The balance of the special account for  the  municipal  assistance
    18  corporation  for  the city of New York in the municipal assistance state
    19  aid fund created pursuant to section ninety-two-e of this chapter;
    20    (vi) Any amounts to be refunded to the general fund of  the  state  of
    21  New  York pursuant to the annual appropriation enacted for the municipal
    22  assistance state aid fund;
    23    (vii) To the state of New York  municipal  bond  bank  agency  to  the
    24  extent  provided by section twenty-four hundred thirty-six of the public
    25  authorities law;
    26    (viii) To the transit construction fund  to  the  extent  provided  by
    27  section  twelve hundred twenty-five-i of the public authorities law, and
    28  thereafter to the city of New York; and
    29    (ix) Notwithstanding any other law to the  contrary,  the  base  level
    30  grant  paid  to  any city with a population of one million or more on or
    31  before December twenty-fifth shall be for an entitlement  period  ending
    32  the immediately preceding June thirtieth.
    33    i.  Additional  annual  apportionments  and  fiscal performance awards
    34  pursuant to subdivisions three and five of this  section  shall  not  be
    35  considered  state  aid  pursuant  to  title  two of article ten-D of the
    36  public authorities law for any eligible city subject to a control period
    37  under a state imposed fiscal stability authority. Such additional annual
    38  apportionments and fiscal performance awards, if  applicable,  shall  be
    39  paid  to such authority for distribution to such city to reduce the real
    40  property tax burden, within the context of  an  authority-approved  four
    41  year financial plan.  Any funds not used for such purposes shall be held
    42  by  the  authority  for  use  by the city for initiatives to permanently
    43  reduce or minimize the cost of city government.
    44    9. Consolidations, mergers, or dissolutions; entitlement  to  aid  and
    45  incentives  for  municipalities. a. In the case where any city, town, or
    46  village consolidates, merges or dissolves, and the  resulting  successor
    47  government  has filed with the office of the state comptroller a certif-
    48  icate of any such consolidation, merger, or dissolution, such  successor
    49  government  shall  be entitled to receive all payments of aid and incen-
    50  tives for municipalities which, pursuant to subdivisions two, three  and
    51  five  of this section, would have been otherwise payable to the individ-
    52  ual cities, towns, or villages that were party  to  such  consolidation,
    53  merger, or dissolution.
    54    b.  The annual amount of such payments of aid and incentives for muni-
    55  cipalities, as defined in subdivision one  of  this  section,  that  any
    56  city, town, or village in which a municipality has consolidated, merged,
        S. 6456                            25                            A. 9556

     1  or  dissolved  shall be eligible to receive on the date such city, town,
     2  or village is consolidated, merged, or dissolved shall  continue  to  be
     3  paid  pursuant  to  subdivisions two, three and five of this section for
     4  every  state fiscal year following the date of such consolidation, merg-
     5  er, or dissolution. In instances where only a portion of a  city,  town,
     6  or  village is party to a consolidation, merger, or dissolution, aid and
     7  incentives for municipalities payable to the resulting successor govern-
     8  ment shall include only a pro rata share of the aid  otherwise  due  and
     9  payable  to  such  city,  town, or village. Such pro rata share shall be
    10  based on a ratio of the two thousand federal decennial census population
    11  of the portion consolidated, merged, or dissolved  as  compared  to  the
    12  total  two  thousand  federal  decennial  census population of the city,
    13  town, or village party to such consolidation, merger, or dissolution.
    14    10. Shared municipal services incentive  awards  applicable  to  state
    15  fiscal  year  commencing  April  first, two thousand five. a. Within the
    16  amounts appropriated in chapter sixty-two of the laws  of  two  thousand
    17  five  therefor,  the  secretary of state may award competitive grants to
    18  two or more municipalities  to  cover  costs  associated  with  mergers,
    19  consolidations, cooperative agreements, dissolutions and shared services
    20  of municipalities where authorized by state law.
    21    b.  For  the purposes of this subdivision, "municipali" shall mean
    22  counties, cities, towns, villages and school districts.
    23    c. Such grants may be used to cover the costs associated with  consol-
    24  idations,  dissolutions,  cooperative  agreements and shared services of
    25  municipalities, including, but not  limited  to,  legal  and  consultant
    26  services,  feasibility studies, capital improvements and other necessary
    27  expenses.
    28    d. The maximum grant awarded shall not  exceed  one  hundred  thousand
    29  dollars per municipality.
    30    e.  Local  matching  funds, equal to ten percent of the total approved
    31  project cost, shall be required.
    32    f. No part of the grant shall be used by the applicant  for  recurring
    33  expenses such as salaries.
    34    g.  The  secretary  of  state  shall, prior to the acceptance of grant
    35  applications, adopt  rules  and  regulations  to  establish  eligibility
    36  requirements,  application  forms and procedures, criteria of review and
    37  grant approval guidelines.
    38    11. Shared municipal services incentive  program  beginning  in  state
    39  fiscal  year commencing April first, two thousand six. a. Shared munici-
    40  pal services incentive awards. Within the  annual  amounts  appropriated
    41  therefor  in  state fiscal year commencing April first, two thousand six
    42  and in each state fiscal year thereafter, the  secretary  of  state  may
    43  award  competitive  grants  to two or more municipalities to cover costs
    44  associated  with  consolidations,  mergers,  dissolutions,   cooperative
    45  agreements,  and  shared  services of municipalities where authorized by
    46  state law.
    47    (i) For the purposes of this subdivision, "municipali" shall  mean
    48  counties,  cities,  towns, villages, special improvement districts, fire
    49  districts, fire alarm districts, fire protection  districts  and  school
    50  districts.
    51    (ii)  Such  grants  may  be  used  to  cover the costs associated with
    52  consolidations, mergers, dissolutions, cooperative agreements and shared
    53  services of municipalities, including, but not  limited  to,  legal  and
    54  consultant  services,  feasibility  studies,  capital  improvements, and
    55  other necessary expenses.
        S. 6456                            26                            A. 9556

     1    (iii) The maximum grant awarded pursuant to this paragraph  shall  not
     2  exceed two hundred thousand dollars per municipality.
     3    b. Shared highway services incentive awards. Within the annual amounts
     4  appropriated  therefor  in state fiscal year commencing April first, two
     5  thousand six and in each state fiscal year thereafter, the secretary  of
     6  state,  in  consultation  with  the  commissioner of transportation, may
     7  award competitive grants to two or  more  municipalities  to  cover  the
     8  costs  associated  with,  but  not  limited  to, joint highway equipment
     9  purchases, capital improvements that benefit two or more municipal high-
    10  way departments, contractual services  between  two  or  more  municipal
    11  highway  departments  or  for the consolidation of two or more municipal
    12  highway departments. The maximum grant awarded pursuant  to  this  para-
    13  graph shall not exceed three hundred thousand dollars per municipality.
    14    c.  Local health insurance incentive awards. Within the annual amounts
    15  appropriated therefor in state fiscal year commencing April  first,  two
    16  thousand  six and in each state fiscal year thereafter, the secretary of
    17  state, in consultation with the commissioner of civil service, may award
    18  competitive grants to support  local  health  insurance  savings  initi-
    19  atives.  The  maximum grant awarded pursuant to this paragraph shall not
    20  exceed five hundred thousand dollars per municipality. Such  grants  may
    21  be used:
    22    (i)  to  support  costs  associated  with the creation of local health
    23  insurance consortiums under which two or more municipalities  seek  cost
    24  savings by pooling health insurance risk and ensuring reasonable employ-
    25  ee cost sharing;
    26    (ii)  to  match  savings achieved by a municipality by joining the New
    27  York state health insurance program; or
    28    (iii) to provide incentive funding  to  individual  municipalities  to
    29  facilitate  local  collective bargaining agreements that promote reason-
    30  able employee sharing in the cost of health insurance premiums.
    31    d. Countywide shared services  incentive  awards.  Within  the  annual
    32  amounts  appropriated  therefor  in  state  fiscal year commencing April
    33  first, two thousand six and in each state fiscal  year  thereafter,  the
    34  secretary of state may award a competitive grant to a county that devel-
    35  ops a countywide shared services plan under which at least fifty percent
    36  of  the  total number of cities, towns, villages and school districts in
    37  such county agree to participate. Special  improvement  districts,  fire
    38  districts, fire alarm districts and fire protection districts shall also
    39  be encouraged by the county to participate in such plan. Such countywide
    40  shared  services plans shall identify estimated local savings as well as
    41  the respective responsibilities of participating municipalities in shar-
    42  ing services including but not limited to,  public  safety,  purchasing,
    43  payroll,  and  real  property  tax assessment. The maximum grant awarded
    44  pursuant to this paragraph  shall  not  exceed  three  hundred  thousand
    45  dollars.
    46    e.  Local  consolidation  incentive  awards. Within the annual amounts
    47  appropriated therefor in state fiscal year commencing April  first,  two
    48  thousand  six and in each state fiscal year thereafter, the secretary of
    49  state may award one-time incentive grants of up to one  million  dollars
    50  to  match  up  to  two years of local savings resulting from the consol-
    51  idation or merger of two or more municipalities.  Final payment of  such
    52  grants  shall  not  be  made  until such savings are demonstrated by the
    53  consolidated or  merged  municipality.  Such  grants  may  be  used  for
    54  purposes  including, but not limited to, offsetting one-time costs asso-
    55  ciated with such consolidation or mergers and  investing  in  efficiency
        S. 6456                            27                            A. 9556

     1  and  productivity  initiatives that result in net recurring savings used
     2  to provide property tax relief.
     3    f.  Local  matching  funds, equal to ten percent of the total approved
     4  project or initiative cost shall be required for  awards  granted  under
     5  paragraphs a, b and d of this subdivision.
     6    g.  No  part of the grant awarded pursuant to paragraphs a, b and d of
     7  this subdivision shall be used by the applicant for  recurring  expenses
     8  such as salaries.
     9    h.  The  secretary  of  state  shall, prior to the acceptance of grant
    10  applications, establish eligibility requirements, application forms  and
    11  procedures, criteria of review and grant approval guidelines.
    12    §  2.  Subdivisions  7  and  8 of section 150 of the executive law, as
    13  added by chapter 464 of the laws of 1975, are amended and a new subdivi-
    14  sion 9 is added to read as follows:
    15    7. A common data base developed by the official state planning  agency
    16  in  conjunction  with  planning  efforts  at all levels of government is
    17  essential to effective planning; [and]
    18    8. State planning and development  policies  should  promote  planning
    19  programs  among  state  agencies  and  between levels of government that
    20  maximize environmental and economic benefits to the localities[.]; and
    21    9. The promotion of enhanced cooperation and merger of  municipalities
    22  by  facilitating  the  development  of  a statewide database of existing
    23  shared service agreements and  the  provision  of  technical  assistance
    24  relating  to  consolidations,  mergers, dissolutions, cooperative agree-
    25  ments and shared services for municipalities.
    26    § 3. Section 153 of the executive law  is  amended  by  adding  a  new
    27  subdivision 4 to read as follows:
    28    4.    To  contract with academic institutions located in the state to:
    29  (a) develop and maintain a statewide database of shared services  agree-
    30  ments between municipalities; and
    31    (b)  provide technical assistance relating to consolidations, mergers,
    32  dissolutions, cooperative agreements and  shared  services  for  munici-
    33  palities.
    34    §  4.  This  act  shall take effect immediately and shall be deemed to
    35  have been in full force and effect on and after April 1, 2006.

    36                                   PART C

    37    Section 1. The opening paragraph and clause b of subparagraph (v), and
    38  subparagraph (vi) of paragraph (c) of subdivision 4 of  section  209  of
    39  the  civil  service  law, the opening paragraph and clause b of subpara-
    40  graph (v) as amended by chapter 216 of the laws of 1977 and subparagraph
    41  (vi) as amended by chapter 205 of the laws of 1997, are amended to  read
    42  as follows:
    43    the public arbitration panel shall make a just and reasonable determi-
    44  nation of the matters in dispute. In arriving at such determination, the
    45  panel  shall consider, above all other factors, the financial ability of
    46  the public employer to pay. The public employer's ability to  pay  shall
    47  be  defined  as existing fiscal capacity without resort to either new or
    48  increased taxation including, but not limited to, the level of  taxation
    49  in  the political subdivision compared to similar political subdivisions
    50  in other areas of the state, the tax  base,  any  evidence  of  economic
    51  decline  and  any  other  applicable  measures  of  fiscal  distress, or
    52  extraordinary reductions in other governmental expenditures.  The  arbi-
    53  tration panel shall also consider the competing financial obligations of
    54  the  public  employer  which  may  be affected by such determination and
        S. 6456                            28                            A. 9556

     1  specifically the impact of any such  determination  on  ongoing  negoti-
     2  ations  or successor negotiations with employee organizations represent-
     3  ing other employees of the public employer. In the case  of  members  of
     4  any  organized  unit of troopers, commissioned or non-commissioned offi-
     5  cers of the division of state police, or  in  regard  to  investigators,
     6  senior  investigators  and  investigator  specialists of the division of
     7  state police, the arbitration panel shall,  in  addition  to  the  above
     8  factors in this paragraph, consider above all other factors, the overall
     9  fiscal environment of the state and shall give substantial consideration
    10  to  the  state's ability to pay without contributing to a budget deficit
    11  in current or future fiscal years. The arbitration panel  shall  specify
    12  its  rationale in the determination, including the consideration of such
    13  ability of the public employer  to  pay  without  resorting  to  new  or
    14  increased  taxation. The panel shall specify the basis for its findings,
    15  taking into secondary consideration, in addition to any  other  relevant
    16  factors, the following:
    17    b.  the interests and welfare of the public [and the financial ability
    18  of the public employer to pay];
    19    (vi) the determination of the public arbitration panel shall be  final
    20  and binding upon the parties for the period prescribed by the panel, but
    21  in no event shall such period exceed two years from the termination date
    22  of any previous collective bargaining agreement or if there is no previ-
    23  ous  collective bargaining agreement then for a period not to exceed two
    24  years from the date of determination by the  panel.  Such  determination
    25  shall  not  be  subject to the approval of any local legislative body or
    26  other  municipal  authority.  Notwithstanding  the  provisions  of  this
    27  subparagraph  to the contrary, where the parties to [a] the public arbi-
    28  tration are those [anticipated by the provisions  of  paragraph  (e)  of
    29  this  subdivision  as  established by chapter four hundred thirty-two of
    30  the laws of nineteen hundred ninety-five,  such  parties  may  agree  to
    31  confer  authority  to the public arbitration panel] parties which became
    32  subject to this subdivision by virtue of chapter six  hundred  forty-one
    33  of  the  laws  of  nineteen hundred ninety-eight, the public arbitration
    34  panel shall have the authority to issue a  final  and  binding  determi-
    35  nation for a period up to and including four years.
    36    § 2. Section 101 of the general municipal law is REPEALED.
    37    §  3.  The  opening  paragraph  of  paragraph  (e) of subdivision 4 of
    38  section 120-w of the general municipal law, as amended by chapter 552 of
    39  the laws of 1980, is amended to read as follows:
    40    It is the intent of the legislature that overall cost  should  in  all
    41  cases  be a major criterion in the selection of contractors for award of
    42  contracts pursuant to this section and that,  wherever  practical,  such
    43  contracts  which  include  construction  work should be procured through
    44  competitive bidding procedures as prescribed by  [sections  one  hundred
    45  one  and]  section  one hundred three of this chapter. It is further the
    46  intent of the legislature to acknowledge the highly complex and  innova-
    47  tive  nature  of resource recovery technology for processing mixed solid
    48  waste, the relative newness of the variety of resource recovery  systems
    49  now  available, the desirability of a single point of responsibility for
    50  the development of facilities and the economic and technical utility  of
    51  contracts  for  resource  recovery projects which include in their scope
    52  various combinations  of  design,  construction,  operation,  management
    53  and/or  maintenance  responsibilities over prolonged periods of time and
    54  that in some instances it may be beneficial to the municipality to award
    55  a contract on the basis of factors other than cost alone, including  but
    56  not  limited  to facility design, system reliability, energy efficiency,
        S. 6456                            29                            A. 9556

     1  compatibility with source separation and  other  recycling  systems  and
     2  environmental   protection.   Accordingly,   and   notwithstanding   the
     3  provisions of any general, special or local law or charter,  a  contract
     4  entered  into  between  a  municipality  and any person pursuant to this
     5  section may be awarded pursuant to public  bidding  in  compliance  with
     6  [sections one hundred one and] section one hundred three of this chapter
     7  or  pursuant  to  the  following  provisions for the award of a contract
     8  based on evaluation of proposals submitted in response to a request  for
     9  proposals prepared by or for the municipality:
    10    §  4.  Subdivision 7 of section 120-w of the general municipal law, as
    11  added by chapter 552 of the laws of 1980, is amended to read as follows:
    12    7. Every contract entered into between a municipality  and  a  project
    13  developer  pursuant  to the provisions of subparagraph four of paragraph
    14  (e) of subdivision four of this section, for  construction  of  a  solid
    15  waste  management-resource  recovery  building by the project developer,
    16  shall contain provisions that such building shall be constructed through
    17  construction contracts awarded through  public  competitive  bidding  in
    18  accordance  with  paragraphs  (a) through [(g)] (f) of this subdivision;
    19  that the project developer shall  furnish  a  bond  guaranteeing  prompt
    20  payment of moneys that are due to all persons furnishing labor and mate-
    21  rials  pursuant  to the requirements of such construction contracts, and
    22  that a copy of such payment bond shall be kept by the  municipality  and
    23  shall be open to public inspection; provided, however, that the require-
    24  ments  of  this  subdivision  shall  not  apply  when  the  cost of such
    25  construction is less than five thousand dollars.
    26    (a)  The  project  developer  shall  advertise  for  bids   for   such
    27  construction  contracts  in a daily newspaper having general circulation
    28  in the county in  which  such  public  solid  waste  management-resource
    29  recovery  building  is to be located. Such advertisement shall contain a
    30  statement of the time when and place where all bids received pursuant to
    31  such notice will be publicly opened and read. An employee of the munici-
    32  pality shall be designated to open the bids at the time and place speci-
    33  fied in the notice. All bids received shall be publicly opened and  read
    34  at  the  time  and  place  so specified. At least five days shall elapse
    35  between the publication of such advertisement and date on which the bids
    36  are opened.
    37    (b) [When the entire cost of constructing such building  shall  exceed
    38  fifty  thousand  dollars,  the  project developer shall prepare separate
    39  specifications for the following subdivisions of such  work,  so  as  to
    40  permit separate and independent bidding upon each subdivision:
    41    (i) plumbing and gas fittings;
    42    (ii)  steam heating, hot water heating, ventilating and air condition-
    43  ing apparatus; and
    44    (iii) electric wiring and standard illuminating fixtures.
    45    (c) After public competitive bidding the project developer shall award
    46  one or more separate contracts for each of  the  above  subdivisions  of
    47  such  work,  whenever  separate  specifications are required pursuant to
    48  paragraph (b) of this subdivision, and one or  more  contracts  for  the
    49  remainder  of  such work. The project developer may award such contracts
    50  at different times.] Contracts  awarded  pursuant  to  this  [paragraph]
    51  subdivision  shall  be  awarded  by  the project developer to the lowest
    52  responsible and responsive bidder and shall be contracts of the  project
    53  developer  and not of the municipality which shall have no obligation or
    54  liabilities, whatsoever, thereunder. The project  developer  shall  have
    55  the responsibility for the supervision, coordination, and termination of
        S. 6456                            30                            A. 9556

     1  such  contracts, unless otherwise specified in contractual terms between
     2  the project developer and the municipality.
     3    [(d)] (c) In determining whether a prospective contractor is responsi-
     4  ble  and  responsive, the project developer may require that prospective
     5  contractors:
     6    (i) have adequate financial resources or the ability  to  obtain  such
     7  resources;
     8    (ii)  be  able  to  comply  with  the required or proposed delivery or
     9  performance schedule;
    10    (iii) have a satisfactory record of performance;
    11    (iv)  have  the  necessary   organization,   experience,   operational
    12  controls, and technical skills, or the ability to obtain them;
    13    (v)  have  the necessary production, construction and technical equip-
    14  ment and facilities, or the ability to obtain them;
    15    (vi) be eligible to receive an award under applicable laws  and  regu-
    16  lations and be otherwise qualified.
    17    [(e)]  (d)  The project developer may reject any bid of a bidder which
    18  the project developer determines to be nonresponsible  or  nonresponsive
    19  to the advertisement for bids.
    20    [(f)]  (e)  The  project  developer may, in its discretion, reject all
    21  bids, and may revise bid specifications and may readvertise for bids  as
    22  provided herein.
    23    [(g)] (f) Only as used in this subdivision:
    24    (i) "project devel" means any private corporation, partnership, or
    25  individual  or  combination  thereof  which  has submitted a proposal in
    26  response to a request for proposals issued pursuant to subparagraph  two
    27  of paragraph (e) of subdivision four of this section;
    28  "construction"  shall  include reconstruction, rehabilitation or
    29  improvement;
    30    (iii) "solid waste  management-resource  recovery  building"  means  a
    31  building  of  a  solid waste management-resource recovery facility. Such
    32  building shall not include the system to be used  for  the  purposes  of
    33  receiving, processing, handling or storing solid waste, the products and
    34  by-products  derived  therefrom, or materials used in such processing or
    35  handling and any equipment or property involving  proprietary  or  trade
    36  secrets.
    37    §  5.  Subdivision  2 of section 99-q of the general municipal law, as
    38  added by chapter 825 of the laws of 1987, is amended to read as follows:
    39    2. Acquire by purchase, lease, sublease or other agreement the facili-
    40  ties provided or to be provided for the purposes of  the  unified  court
    41  system of the state.
    42    All  contracts entered into pursuant to the provisions of this section
    43  shall be subject to the provisions of [sections  one  hundred  one  and]
    44  section one hundred three of this chapter.
    45    § 6. Section 135 of the state finance law is REPEALED.
    46    § 7. Subdivision 1 of section 137 of the state finance law, as amended
    47  by chapter 698 of the laws of 2004, is amended to read as follows:
    48    1. In addition to other bond or bonds, if any, required by law for the
    49  completion  of  a  work specified in a contract for the prosecution of a
    50  public improvement for the state of New York a municipal corporation,  a
    51  public benefit corporation or a commission appointed pursuant to law, or
    52  in the absence of any such requirement, the comptroller may or the other
    53  appropriate  official, respectively, shall nevertheless require prior to
    54  the approval of any such contract a bond guaranteeing prompt payment  of
    55  moneys  due to all persons furnishing labor or materials to the contrac-
    56  tor or his subcontractors in the prosecution of the work provided for in
        S. 6456                            31                            A. 9556

     1  such contract. Provided, however, that all performance bonds and payment
     2  bonds may, at the discretion of the head of  the  state  agency,  public
     3  benefit  corporation or commission, or his or her designee, be dispensed
     4  with for the completion of a work specified in a contract for the prose-
     5  cution  of a public improvement for the state of New York for which bids
     6  are solicited where the aggregate amount of the contract  is  under  one
     7  hundred thousand dollars [and provided further, that in a case where the
     8  contract  is  not subject to the multiple contract award requirements of
     9  section one hundred thirty-five of this article, such  requirements  may
    10  be  dispensed  with  where  the head of the state agency, public benefit
    11  corporation or commission finds it to be  in  the  public  interest  and
    12  where  the  aggregate amount of the contract awarded or to be awarded is
    13  less than two hundred thousand dollars]. Provided  further,  that  in  a
    14  case  where  a performance or payment bond is dispensed with, twenty per
    15  centum may be retained from each progress payment or estimate until  the
    16  entire  contract work has been completed and accepted, at which time the
    17  head of the state  agency,  public  benefit  corporation  or  commission
    18  shall,  pending  the  payment  of  the final estimate, pay not to exceed
    19  seventy-five per centum of the amount of the retained percentage.
    20    § 8. Subdivision 4 of section 139-f  of  the  state  finance  law,  as
    21  amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
    22  follows:
    23    4. Notwithstanding any other provision of this section or  other  law,
    24  requirements  for the furnishing of a performance bond or a payment bond
    25  may be dispensed with at the discretion of the head of the state  agency
    26  or  corporation,  or  his  or  her designee, where the public owner is a
    27  state agency or corporation  described  in  subdivision  one-a  of  this
    28  section  and  the  aggregate  amount  of  the  contract awarded or to be
    29  awarded is under fifty thousand  dollars  [and,  in  a  case  where  the
    30  contract  is  not subject to the multiple contract award requirements of
    31  section one hundred thirty-five of this article, such  requirements  may
    32  be  dispensed  with  where  the  head of the state agency or corporation
    33  finds it to be in the public interest and where the aggregate amount  of
    34  the  contract  awarded  or  to  be awarded is under two hundred thousand
    35  dollars]. Provided further, that  in  a  case  where  a  performance  or
    36  payment  bond  is dispensed with, twenty per centum may be retained from
    37  each progress payment or estimate until the  entire  contract  work  has
    38  been  completed and accepted, at which time the head of the state agency
    39  or corporation shall, pending the payment of the final estimate, pay not
    40  to exceed seventy-five per centum of the amount of the retained percent-
    41  age.
    42    § 9. Section 151-a of the public housing law is REPEALED.
    43    § 10. Paragraph d of subdivision 1 of section 372-a of  the  education
    44  law,  as added by chapter 624 of the laws of 1999, is amended to read as
    45  follows:
    46    d. Any contracts or leases entered into by the trustees of  the  state
    47  university of New York pursuant to this section shall require the lessee
    48  or  contracting  not-for-profit  corporation to comply with the require-
    49  ments of article fifteen-A of the executive law. Any contract  or  lease
    50  for  construction,  rehabilitation,  or  other improvement authorized by
    51  this section entered into by the trustees shall require  the  lessee  or
    52  contractor  and/or  subcontractor  to  comply  with  the requirements of
    53  section two hundred twenty, two hundred thirty, two hundred  thirty-one,
    54  two  hundred  forty  and  two  hundred forty-one of the labor law, where
    55  applicable, as well as  [sections  one  hundred  one  and]  section  one
    56  hundred three of the general municipal law, where applicable;
        S. 6456                            32                            A. 9556

     1    §  11.  The  opening  paragraph of subdivision 8 of section 376 of the
     2  education law, as amended by chapter 877 of the laws of 1990, is amended
     3  to read as follows:
     4    All  contracts  which  are  to be awarded pursuant to this subdivision
     5  shall be awarded by public letting  in  accordance  with  the  following
     6  provisions,  notwithstanding  any  contrary  provision  of  section [one
     7  hundred thirty-five,] one hundred thirty-six, one hundred thirty-nine or
     8  one hundred forty of the state  finance  law,  provided,  however,  that
     9  where  the estimated expense of any contract which may be awarded pursu-
    10  ant to this subdivision is less than fifty thousand dollars, a  perform-
    11  ance  bond  and a bond for the payment of labor and material may, in the
    12  discretion of the  fund,  not  be  required,  and  except  that  in  the
    13  discretion of the fund, a contract may be entered into for such purposes
    14  without  public letting where the estimated expense thereof is less than
    15  twenty thousand dollars, or where in the judgment of the fund  an  emer-
    16  gency  condition  exists  as  a result of damage to an existing academic
    17  building, dormitory or other facility which has been caused by an act of
    18  God, fire or other casualty, or  any  other  unanticipated,  sudden  and
    19  unexpected  occurrence,  that has resulted in damage to or a malfunction
    20  in an existing  academic  building,  dormitory  or  other  facility  and
    21  involves  a  pressing  necessity for immediate repair, reconstruction or
    22  maintenance in order to permit the safe continuation of the use or func-
    23  tion of such facility, or to protect the facility or the life, health or
    24  safety of any person, and the nature of the work is  such  that  in  the
    25  judgment  of  the  fund  it  would be impractical and against the public
    26  interest to have public letting; provided, however, that the fund, prior
    27  to awarding a contract hereunder because of an emergency condition noti-
    28  fy the comptroller of its intent to award such a contract:
    29    § 12. Subdivision 11 of section 407-a of the education law,  as  added
    30  by chapter 737 of the laws of 1988, is amended to read as follows:
    31    11. Any contract undertaken or financed by the dormitory authority for
    32  any  construction, reconstruction, rehabilitation or improvement for any
    33  special  act  school  district  shall  comply  with  the  provisions  of
    34  [sections  one hundred one and] section one hundred three of the general
    35  municipal law.
    36    § 13. Subdivisions 1 and 2 of section 458 of  the  education  law  are
    37  REPEALED.
    38    §  14.  Subdivisions  1  and 2 of section 482 of the education law are
    39  REPEALED.
    40    § 15. Subdivision 3 of section 1726 of the education law, as added  by
    41  chapter 198 of the laws of 1973, is amended to read as follows:
    42    3. Such agreements shall be subject to the bidding requirements of the
    43  general  municipal  law[,  except  that  the  provisions  of section one
    44  hundred one of the general municipal law shall not  apply  to  lease  or
    45  lease-purchase  of  pre-manufactured  items  delivered  to the site, but
    46  shall apply to installation and other work to be performed on the site].
    47    § 16. Subdivision  (b)  of  section  6281  of  the  education  law  is
    48  REPEALED.
    49    §  17.  Subparagraph  4  of  paragraph  c  of subdivision 2 of section
    50  27-0707 of the environmental conservation law, as amended by chapter  70
    51  of the laws of 1988, is amended to read as follows:
    52    (4)  the applicant has received or will receive the written opinion of
    53  counsel to each [muncipality] municipality or public authority which has
    54  entered into a contract, lease or rental  agreement  with  the  proposed
    55  facility  that such contract, lease or rental agreement is in compliance
        S. 6456                            33                            A. 9556

     1  with the applicable requirements of  sections  [one  hundred  one,]  one
     2  hundred three and one hundred twenty-w of the general municipal law.
     3    §  18.  Subdivision  2 of section 38 of the highway law, as amended by
     4  chapter 83 of the laws of 1995, is amended to read as follows:
     5    2. Proposals. Each proposal shall specify the correct  gross  sum  for
     6  which the work will be performed and shall also include the amount to be
     7  charged  for  each  item  specified  on the proposal estimate sheet. The
     8  commissioner of transportation may prescribe and furnish forms  for  the
     9  submission  of such proposals and may prescribe the manner of submitting
    10  the same which shall not be  inconsistent  herewith.  Accompanying  each
    11  proposal there shall be either a certified check or bank cashier's check
    12  for  the  amount  of the bid deposit, to be fixed by the commissioner of
    13  transportation and specified in the advertisement for proposals or  such
    14  other  security from the bidder as may be acceptable to the commissioner
    15  of transportation.  The checks of the two low bidders shall be deposited
    16  by the commissioner of transportation in a  special  account.  Provided,
    17  however,  that if prior to or upon receipt of said checks by the commis-
    18  sioner of transportation a bidder who is one  of  the  two  low  bidders
    19  shall have duly filed a bond as hereinafter provided the commissioner of
    20  transportation shall forthwith return to said bidder his aforesaid check
    21  without  depositing  the  same.  If  alternate  proposals are taken, the
    22  checks of the two low bidders of all alternate proposals shall be depos-
    23  ited. All checks other than those  of  the  two  low  bidders  shall  be
    24  returned promptly by the commissioner of transportation. Notwithstanding
    25  the  provisions  of any general or special law, the money represented by
    26  the checks of the two low bidders shall be paid from the special account
    27  when the contractor has duly executed and delivered to the  commissioner
    28  of  transportation  the contract and the bond or bonds, if any, required
    29  by law for the performance of the work of a public improvement  for  the
    30  state of New York, or upon the rejection of all bids. The low bidder, in
    31  the discretion of the commissioner of transportation, and the second low
    32  bidder,  as  a matter of right, may at any time after the opening of the
    33  respective proposals, file with the  commissioner  of  transportation  a
    34  bond,  the  principal amount of which shall at least equal the amount of
    35  the respective bidder's check, theretofore deposited with his  proposal,
    36  in  the  form  prescribed  by  the  commissioner of transportation, with
    37  sufficient sureties, to be approved by the commissioner  of  transporta-
    38  tion,  conditioned  that  the  said  bidder  will execute a contract and
    39  furnish such performance or other bonds as may be  required  by  law  in
    40  accordance  with  the  terms  of the bidder's said proposal. If a bidder
    41  complies with the aforesaid provision, the commissioner  of  transporta-
    42  tion  shall  forthwith return the money represented by the check of such
    43  bidder. In case the bidder to whom the contract shall be  awarded  shall
    44  fail  to  execute such contract and bond if required, the moneys repres-
    45  ented by such check shall be regarded as liquidated damages and shall be
    46  forfeited to the state and shall be deposited  by  the  commissioner  of
    47  transportation  with  the  commissioner  of  taxation and finance to the
    48  credit of the general fund. Provided, however, that although a  perform-
    49  ance bond or a payment bond or both may be accepted from a bidder by the
    50  commissioner  of  transportation,  a requirement to furnish such bond or
    51  bonds may be dispensed with  where  the  aggregate  gross  sums  of  the
    52  contracts  to be awarded for the project is under fifty thousand dollars
    53  and provided further, [that in a case where a single contract is  issued
    54  for  a  project  which  is  not  subject  to the multiple contract award
    55  requirements of section one hundred thirty-five  of  the  state  finance
    56  law,]  such  requirements  may  be dispensed with where the commissioner
        S. 6456                            34                            A. 9556

     1  finds it to be in the public interest and where the aggregate amount  of
     2  the  contract  awarded  or  to be awarded is less than two hundred fifty
     3  thousand dollars. The gross sums indicated on the proposals when  opened
     4  shall  be  publicly  read.  The commissioner shall keep the bids for the
     5  several items of the  proposals  confidential  until  an  award  of  the
     6  contract  is  made,  after  which  the proposals shall be subject at all
     7  reasonable times to public inspection.
     8    § 19. Subdivision 2 of section 816-b of the labor  law,  as  added  by
     9  chapter 571 of the laws of 2001, is amended to read as follows:
    10    2. Notwithstanding any other provision of this article, of section one
    11  hundred  three  of  the  general  municipal law, [of section one hundred
    12  thirty-five of the state finance law,] of section one hundred  fifty-one
    13  of the public housing law, or of any other general, special or local law
    14  or  administrative  code,  in entering into any construction contract, a
    15  governmental entity which is to be a direct or indirect  party  to  such
    16  contract may require that any contractors and subcontractors have, prior
    17  to  entering  into  such contract, apprenticeship agreements appropriate
    18  for the type and scope of work to be performed, that  have  been  regis-
    19  tered  with,  and approved by, the commissioner pursuant to the require-
    20  ments found in this article. Whenever utilizing  this  requirement,  the
    21  governmental  entity  may,  in  addition  to whatever considerations are
    22  required by law, consider the degree to which  career  opportunities  in
    23  apprenticeship  training  programs  approved  by the commissioner may be
    24  provided.
    25    § 20. Subdivision 2 of section 1045-i of the public  authorities  law,
    26  as  added  by  chapter  513  of  the laws of 1984, is amended to read as
    27  follows:
    28    2. Any such agreements (i) shall describe  in  sufficient  detail  for
    29  reasonable identification the particular water project to be financed in
    30  whole  or in part by the authority, (ii) shall describe the plan for the
    31  financing of the cost of the construction of such water project, includ-
    32  ing the amount, if any, to be provided by the water board and the source
    33  or sources thereof, (iii) shall set forth the method  by  which  and  by
    34  whom  and  the  terms  and  conditions upon which moneys provided by the
    35  authority shall be disbursed, (iv) may require, in the discretion of the
    36  authority, the payment to the authority of the proceeds of any state and
    37  federal grants available to the water board, (v) shall provide  for  the
    38  establishment  of  user  fees,  rates,  rents  and other charges and the
    39  charging and collection thereof by the water board for the  use  of,  or
    40  services furnished, rendered or made available by such system such as to
    41  provide  that  such board receive revenues at least sufficient, together
    42  with other revenues of the board, if any, to meet  the  requirements  of
    43  subdivision  one  of  section  one  thousand forty-five-j of this title,
    44  provided that revenues received by such board shall be  deposited  in  a
    45  special  fund  established  pursuant to this title and disbursed to, and
    46  upon certification of, the authority, (vi) may provide for the  transfer
    47  by  the  city to the water board pursuant to section one thousand forty-
    48  five-h of this title of  ownership  of  the  sewerage  system  or  water
    49  system,  or  both, as the case may be, of which such project will form a
    50  part  by  the  city,  (vii)  shall  provide  for  the  construction  and
    51  completion  of  such  water  project  by the city and for the operation,
    52  maintenance and repair thereof as an integrated part of  the  system  of
    53  which  such water project forms a part, subject to such terms and condi-
    54  tions, not inconsistent with this title, which  may  be  in  the  public
    55  interest  and  necessary  or desirable properly and adequately to secure
    56  the holders of bonds of the authority, provided, however, all  contracts
        S. 6456                            35                            A. 9556

     1  for  public work and all purchase contracts shall be awarded by the city
     2  as provided by law for the award of such contracts by the city and  that
     3  all  contracts  for  construction  shall  be  let in accordance with the
     4  provisions  of state law pertaining to prevailing wages, labor standards
     5  and working hours[. When the entire cost of constructing a  building  as
     6  part  of any water project shall exceed fifty thousand dollars, the city
     7  shall prepare separate specifications for the following  three  subdivi-
     8  sions  of  the  work  to be performed: (a) plumbing and gas fitting; (b)
     9  steam heating, hot water heating, ventilating and air conditioning appa-
    10  ratus; and (c) electric  wiring  and  standard  illuminating  fixtures],
    11  (viii)  shall  provide  for  the  discontinuance or disconnection of the
    12  supply of water or the provision of sewerage service, or  both,  as  the
    13  case  may  be,  for  non-payment  of fees, rates, rents or other charges
    14  therefor imposed by the water board,  provided  such  discontinuance  or
    15  disconnection  of  any  supply  of  water  or  the provision of sewerage
    16  service, or both, as the case may be, shall not be carried out except in
    17  the manner and upon the notice as is required  of  a  waterworks  corpo-
    18  ration  pursuant to subdivisions three-a, three-b and three-c of section
    19  eighty-nine-b and section one hundred sixteen of the public service law,
    20  and (ix) in the discretion of the authority, require reports  concerning
    21  the project from the water board to the authority and the city.
    22    §  21.  Subdivision 2 of section 1048-i of the public authorities law,
    23  as added by chapter 796 of the laws of  1985,  is  amended  to  read  as
    24  follows:
    25    2.  Any  such  agreements  (i) shall describe in sufficient detail for
    26  reasonable identification the particular water project to be financed in
    27  whole or in part by the authority, (ii) shall describe the plan for  the
    28  financing of the cost of the construction of such water project, includ-
    29  ing the amount, if any, to be provided by the water board and the source
    30  or  sources  thereof,  (iii)  shall set forth the method by which and by
    31  whom and the terms and conditions upon  which  moneys  provided  by  the
    32  authority shall be disbursed, (iv) may require, in the discretion of the
    33  authority, the payment to the authority of the proceeds of any state and
    34  federal  grants  available to the water board, (v) shall provide for the
    35  establishment of user fees, rates,  rents  and  other  charges  and  the
    36  charging  and  collection  thereof by the water board for the use of, or
    37  services furnished, rendered or made available by such system such as to
    38  provide that such board receive revenues at least  sufficient,  together
    39  with  other  revenues  of the board, if any, to meet the requirements of
    40  subdivision one of section one thousand  forty-eight-j  of  this  title,
    41  provided  that  revenues  received by such board shall be deposited in a
    42  special fund established pursuant to this title and  disbursed  to,  and
    43  upon  certification of, the authority, (vi) may provide for the transfer
    44  by the city to the water board pursuant to section one  thousand  forty-
    45  eight-h  of  this  title  of ownership of the water system of which such
    46  project will form a part, (vii) shall provide for the  construction  and
    47  completion  of  such  water  project  by the city and for the operation,
    48  maintenance and repair thereof as an integrated part of  the  system  of
    49  which  such water project forms a part, subject to such terms and condi-
    50  tions, not inconsistent with this title, which  may  be  in  the  public
    51  interest  and  necessary  or desirable properly and adequately to secure
    52  the holders of bonds of the authority, provided, however, all  contracts
    53  for  public work and all purchase contracts shall be awarded by the city
    54  as provided by law for the award of such contracts by the city and  that
    55  all  contracts  for  construction  shall  be  let in accordance with the
    56  provisions of state law pertaining to prevailing wages, labor  standards
        S. 6456                            36                            A. 9556

     1  and  working  hours[. When the entire cost of constructing a building as
     2  part of any water project shall exceed fifty thousand dollars, the  city
     3  shall  prepare  separate specifications for the following three subdivi-
     4  sions  of  the  work  to be performed: (a) plumbing and gas fitting; (b)
     5  steam heating, hot water heating, ventilating and air conditioning appa-
     6  ratus; and (c) electric  wiring  and  standard  illuminating  fixtures],
     7  (viii)  shall  provide  for  the  discontinuance or disconnection of the
     8  supply of water for non-payment of fees, rates, rents or  other  charges
     9  therefor  imposed  by  the  water board, provided such discontinuance or
    10  disconnection of any supply of water shall not be carried out except  in
    11  the  manner  and  upon  the notice as is required of a waterworks corpo-
    12  ration pursuant to subdivisions three-a, three-b and three-c of  section
    13  eighty-nine-b and section one hundred sixteen of the public service law,
    14  and  (ix) in the discretion of the authority, require reports concerning
    15  the project from the water board to the authority and the city.
    16    § 22. Section 1137 of the public authorities law, as added by  chapter
    17  595 of the laws of 1991, is amended to read as follows:
    18    §  1137.  Construction and purchase contracts. The authority shall let
    19  contracts for construction or purchase of supplies, materials, or equip-
    20  ment pursuant to [sections one hundred  one  and]  section  one  hundred
    21  three  of  the  general  municipal law. Nothing in this section shall be
    22  construed to limit the power of the authority  to  do  any  construction
    23  directly by the officers, agents and employees of the authority.
    24    §  23. Section 1147-u of the public authorities law, as added by chap-
    25  ter 691 of the laws of 1995, is amended to read as follows:
    26    § 1147-u. Construction and purchase contracts. The authority shall let
    27  contracts for construction or purchase of supplies, materials, or equip-
    28  ment pursuant to [sections one hundred  one  and]  section  one  hundred
    29  three  of  the general municipal law and shall be let in accordance with
    30  the provisions of state law pertaining to prevailing wages, labor stand-
    31  ards, and working hours. Nothing in this section shall be  construed  to
    32  limit  the power of the authority to do any construction directly by the
    33  officers, agents and employees of the authority.
    34    § 24. Section 1174-q of the public authorities law, as added by  chap-
    35  ter 491 of the laws of 1991, is amended to read as follows:
    36    § 1174-q. Construction and purchase contracts. The authority shall let
    37  contracts for construction or purchase of supplies, materials, or equip-
    38  ment  pursuant  to  [sections  one  hundred one and] section one hundred
    39  three of the general municipal law. Nothing in  this  section  shall  be
    40  construed  to  limit  the  power of the authority to do any construction
    41  directly by the officers, agents and employees of the  authority  or  to
    42  contract with a public utility, for a term not to exceed five years, for
    43  the  operation  and  maintenance  of a water supply system acquired from
    44  said public utility.
    45    § 25. Section 1198-q of the public authorities law, as added by  chap-
    46  ter 868 of the laws of 1990, is amended to read as follows:
    47    § 1198-q. 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  power of the authority to do any construction
    52  directly by the officers, agents and employees of the  authority  or  to
    53  contract with a public utility, for a term not to exceed five years, for
    54  the  operation  and  maintenance  of a water supply system acquired from
    55  said public utility.
        S. 6456                            37                            A. 9556

     1    § 26. Section 1199-qqq of the public  authorities  law,  as  added  by
     2  chapter 678 of the laws of 1990, is amended to read as follows:
     3    §  1199-qqq.  Construction and purchase contracts. The authority shall
     4  let contracts for construction or purchase of  supplies,  materials,  or
     5  equipment pursuant to [sections one hundred one and] section one hundred
     6  three  of  the  general  municipal law. Nothing in this section shall be
     7  construed to limit the power of the authority  to  do  any  construction
     8  directly by the officers, agents and employees of the authority.
     9    §  27.  Section  1199-qqqq  of the public authorities law, as added by
    10  chapter 195 of the laws of 1995, is amended to read as follows:
    11    § 1199-qqqq. Construction and purchase contracts. The authority  shall
    12  let  contracts  for  construction or purchase of supplies, materials, or
    13  equipment pursuant to [sections one hundred one and] section one hundred
    14  three of the general municipal law and shall be let in  accordance  with
    15  the provisions of state law pertaining to prevailing wages, labor stand-
    16  ards,  and  working hours. Nothing in this section shall be construed to
    17  limit the power of the authority to do any construction directly by  the
    18  officers, agents and employees of the authority.
    19    §  28. Section 1226-t of the public authorities law, as added by chap-
    20  ter 647 of the laws of 1994, is amended to read as follows:
    21    § 1226-t. Contracts. All contracts for construction shall  be  let  by
    22  the  authority  in [conformity with the applicable provisions of section
    23  one hundred thirty-five of the state finance law and shall  be  let  in]
    24  accordance  with  the  provisions  of state law pertaining to prevailing
    25  wages, labor standards and working hours.
    26    The authority may, in its discretion, assign contracts for supervision
    27  and coordination to the successful bidder for any  subdivision  of  work
    28  for which the authority receives bids. The authority shall not award any
    29  construction  contract  except to the lowest bidder who, in its opinion,
    30  is qualified to perform the work required and  who  is  responsible  and
    31  reliable.  The  authority  may, however, reject any or all bids or waive
    32  any informality in a bid if it believes that the public interest will be
    33  promoted thereby. The authority may reject any bid if, in its  judgment,
    34  the  business  and  technical  organization, plant, resources, financial
    35  standing, or experience of the bidder justifies such rejection  in  view
    36  of the work to be performed.
    37    §  29. Section 1230-u of the public authorities law, as added by chap-
    38  ter 275 of the laws of 2002, is amended to read as follows:
    39    § 1230-u. Contracts. All contracts for  construction  or  purchase  of
    40  supplies,  materials or equipment shall be let by the water board, shall
    41  be made in conformity with the  applicable  provisions  of  section  one
    42  hundred  three  of  the  general  municipal law [and section one hundred
    43  thirty-five of the state finance  law].  For  the  purposes  of  article
    44  fifteen-A  of  the executive law only, the authority and the water board
    45  shall each be deemed a state agency as that term is used in  such  arti-
    46  cle,  and  its contracts for procurement, design, construction, services
    47  and materials shall be deemed state contracts within the meaning of that
    48  term as set forth in such article. All construction contracts  shall  be
    49  let  in  accordance  with  the  provisions  of  state  law pertaining to
    50  prevailing wages, labor standards and working  hours.  The  water  board
    51  may,  in  its  discretion,  assign contracts for supervision and coordi-
    52  nation to the successful bidder for any subdivision of  work  for  which
    53  the  water  board  receives  bids.  The  water board shall not award any
    54  construction contract except to the lowest bidder who, in  its  opinion,
    55  is  qualified  to  perform  the work required and who is responsible and
    56  reliable. The water board may, however, reject any or all bids or  waive
        S. 6456                            38                            A. 9556

     1  any informality in a bid if it believes that the public interest will be
     2  promoted  thereby.  The  water board may reject any bid if, in its judg-
     3  ment, the business and technical organization, plant, resources,  finan-
     4  cial  standing,  or experience of the bidder justifies such rejection in
     5  view of the work to  be  performed.  Nothing  in  this  title  shall  be
     6  construed  to  limit  or diminish the power of the water board to do any
     7  construction directly by the officers, employees or agents of the  water
     8  board.
     9    §  30. Subdivision 1 of section 1287 of the public authorities law, as
    10  amended by chapter 552 of the laws  of  1980,  is  amended  to  read  as
    11  follows:
    12    1. [Construction contracts other than for resource recovery facilities
    13  let  by  the  corporation  shall  be  in  conformity with the applicable
    14  provisions of section one hundred thirty-five of the state finance  law,
    15  but  the  corporation  in  its  discretion may assign such contracts for
    16  supervision and coordination to the successful bidder for  any  subdivi-
    17  sion  of  work  for  which the corporation receives bids.] Contracts for
    18  resource recovery facilities may be awarded by the  corporation  in  the
    19  same  manner  as by a municipality pursuant to section one hundred twen-
    20  ty-w of the general municipal law.
    21    § 31. Paragraph (f) of subdivision 13 of section 1678  of  the  public
    22  authorities law, as added by chapter 825 of the laws of 1987, is amended
    23  to read as follows:
    24    (f)  To  sell,  convey, lease, sublease or otherwise transfer any real
    25  property or interest therein held by the authority to any person,  firm,
    26  association,  corporation  or  agency,  including a public body, for the
    27  purpose of constructing or otherwise providing thereon a combined  occu-
    28  pancy  structure, provided that, simultaneously therewith, the authority
    29  enters into an agreement for the reconveyance, purchase, lease, sublease
    30  or other acquisition of the court facilities to  be  contained  in  such
    31  combined occupancy structures.
    32    Any contract undertaken or financed by the dormitory authority for any
    33  construction, reconstruction, rehabilitation or improvement of any court
    34  facilities  or  combined  occupancy  structures  shall  comply  with the
    35  provisions of [sections one hundred one and] section one  hundred  three
    36  of the general municipal law.
    37    §  32.  Paragraph  a  of  subdivision  2 of section 1680 of the public
    38  authorities law, as amended by section 25 of part II of  chapter  59  of
    39  the laws of 2004, is amended to read as follows:
    40    a.  [The  dormitory  authority is hereby authorized and empowered upon
    41  application of the educational institution concerned to acquire, design,
    42  construct, reconstruct, rehabilitate and improve, or  otherwise  provide
    43  and  furnish  and  equip  dormitories  and  attendant facilities for any
    44  educational  institution,  provided  that  any  contract  undertaken  or
    45  financed  by  the  dormitory  authority  for  any  construction,  recon-
    46  struction, rehabilitation or improvement of any  building  or  structure
    47  commenced  after  September first, nineteen hundred seventy-four for the
    48  Gananda school district or the  Gananda  educational  facilities  corpo-
    49  ration,  or  any  agency,  board  or commission therein, or any official
    50  thereof, shall comply with the provisions of section one hundred one  of
    51  the  general  municipal law and the specifications for such contract may
    52  provide for assignment of responsibility for coordination of any of  the
    53  contracts  for  such  work to a single responsible and qualified person,
    54  firm  or  corporation;  provided,  however,  that  all   contracts   for
    55  construction  of  buildings on behalf of Queens Hospital Center shall be
    56  in conformity with the provisions of section  one  hundred  one  of  the
        S. 6456                            39                            A. 9556

     1  general municipal law; provided that any contracts for the construction,
     2  reconstruction, rehabilitation or improvement of any public work project
     3  undertaken  by  the dormitory authority of any facility for the aged for
     4  any  political subdivision of the state or any district therein or agen-
     5  cy, department, board or commission thereof, or  any  official  thereof,
     6  shall  comply  with the provisions of section one hundred thirty-five of
     7  the state finance law; and provided further that any contract undertaken
     8  or financed by the dormitory  authority  for  any  construction,  recon-
     9  struction, rehabilitation or improvement of any building commenced after
    10  January first, nineteen hundred eighty-nine for the department of health
    11  shall  comply  with the provisions of section one hundred thirty-five of
    12  the state finance law.]
    13    Each educational  institution  defined  in  subdivision  one  of  this
    14  section,  except  the  department  of  health  of the state of New York,
    15  shall, when authorized by  an  appropriate  resolution  adopted  by  its
    16  governing  board or, when permitted, adopted by an appropriate committee
    17  of such governing board, have power:  (i)  to  convey  or  cause  to  be
    18  conveyed  to  the  authority  real  property  or rights in real property
    19  required in connection with the construction and financing of a dormito-
    20  ry by the authority for such educational institution; or (ii)  to  enter
    21  into  agreements or leases or both with the dormitory authority pursuant
    22  to subdivision sixteen of section sixteen hundred seventy-eight of  this
    23  title  and  to paragraph e of this subdivision, or both, or, in the case
    24  of the department of health of the state of  New  York,  providing  that
    25  legislation  or  appropriations  which  specifies  the  facilities to be
    26  acquired, constructed, reconstructed, rehabilitated or improved for  the
    27  department  of  health  of the state of New York and the total estimated
    28  costs for each such facility, not to  exceed  four  hundred  ninety-five
    29  million dollars in the aggregate, shall have been approved by the legis-
    30  lature,  the  commissioner  of health shall have power: (i) to convey or
    31  cause to be conveyed to the authority real property or  rights  in  real
    32  property required in connection with the construction and financing of a
    33  dormitory  by the authority for such educational institution; or (ii) to
    34  enter into agreements or leases or both  with  the  dormitory  authority
    35  pursuant to subdivision sixteen of section sixteen hundred seventy-eight
    36  of this title and to paragraph e of this subdivision or both. The educa-
    37  tional  institution  for  which such dormitory and attendant facility is
    38  intended to be provided shall approve the plans and  specifications  and
    39  location of such dormitory and attendant facility. The dormitory author-
    40  ity  shall have the same power and authority in respect to such dormito-
    41  ries and attendant facilities provided pursuant to this subdivision that
    42  it has relative to other dormitories.
    43    § 33. Paragraph f of subdivision 27 of  section  1680  of  the  public
    44  authorities  law,  as  added  by  chapter  202  of  the laws of 1990, is
    45  REPEALED.
    46    § 34. Paragraph a of subdivision 1  of  section  1734  of  the  public
    47  authorities law, as added by chapter 738 of the laws of 1988, is amended
    48  to read as follows:
    49    a.  All  contracts  for the construction, reconstruction, improvement,
    50  rehabilitation, maintenance, repair, furnishing, equipping of or  other-
    51  wise  providing  for  educational  facilities  for the city board may be
    52  awarded in accordance with the provisions of this section, notwithstand-
    53  ing the provisions of section eight of the public buildings law, section
    54  one hundred three of the general municipal  law,  [section  one  hundred
    55  thirty-five  of  the  state  finance law,] section seven of the New York
    56  state financial emergency act for the city of New York or of  any  other
        S. 6456                            40                            A. 9556

     1  provision  of  general,  special or local law, charter or administrative
     2  code.
     3    §  35.  Paragraph  b  of  subdivision  1 of section 1734 of the public
     4  authorities law is REPEALED.
     5    § 36. Section 1735 of the public authorities law, as added by  chapter
     6  738  of the laws of 1988, subdivision 1 as amended by chapter 410 of the
     7  laws of 1999 and subdivision 4 as amended by chapter 491 of the laws  of
     8  2000, is amended to read as follows:
     9    §  1735.  Certain  contracts of the authority. 1. [Notwithstanding the
    10  provisions of paragraph  b  of  subdivision  one  of  section  seventeen
    11  hundred  thirty-four  of this title, the award of construction contracts
    12  by the authority between July first, nineteen  hundred  eighty-nine  and
    13  June thirtieth, two thousand two, shall not be subject to the provisions
    14  of section one hundred one of the general municipal law.
    15    2.]  Notice  of  the  invitation  for bids for contracts to be awarded
    16  pursuant to this section shall state the time and place of  the  receipt
    17  and opening of bids.
    18    [3. All bidders shall submit to the authority, prior to the opening of
    19  a  bid  for  the  award  of a contract under this section, a sealed list
    20  identifying the names of each subcontractor each contractor proposes  to
    21  utilize under the contract for the performance of the following subdivi-
    22  sions of work:
    23    a. Plumbing and gas fitting;
    24    b.  Steam heating, hot water heating, ventilating and air conditioning
    25  apparatus; and
    26    c. Electric wiring and standard illuminating fixtures.
    27    The low bidder shall specify in such list the estimated  value  to  be
    28  paid  each  such  subcontractor  for  the  work  to be performed by such
    29  subcontractor. After the authority has announced the low bidder  at  the
    30  bid  opening,  the  authority shall open only such low bidder's separate
    31  sealed list and shall read aloud such subcontractors listed therein. All
    32  such sealed lists except those of  the  low  bidder  shall  be  returned
    33  unopened  to  their  respective  contractors following the awarding of a
    34  contract.
    35    4.] 2. The authority shall establish a committee to review and  report
    36  on  contracts  issued pursuant to this section and on the procedures and
    37  methodology of the authority in  awarding  such  contracts.  The  review
    38  shall  include,  but  not be limited to, the degree to which contractors
    39  awarded contracts pursuant to [such paragraph] section seventeen hundred
    40  thirty-four of this title, and  the  subcontractors  utilized  by  them,
    41  utilize  employees  who  are  represented by labor organizations, comply
    42  with existing labor standards, maintain harmonious labor  relations  and
    43  recognize  state approved apprentice programs. The committee shall, from
    44  time to time, issue economic and statistical reports  dealing  with  the
    45  costs  of  construction under this article. Such reports shall deal with
    46  the costs of labor, material, equipment and profit. The committee  shall
    47  have  no  authority  to  approve  or disapprove contracts. The committee
    48  shall be composed of two representatives from the authority, one  repre-
    49  sentative  from the board, two representatives from construction-related
    50  labor organizations and two representatives from the construction indus-
    51  try[, at least one of whom shall be involved in the subdivisions of work
    52  described in subdivision three of this section]. The  president  of  the
    53  authority shall designate the members of the committee, provided, howev-
    54  er,  that  the  president  shall  designate the representatives of labor
    55  organizations from a list of names submitted by the New York state  AFL-
    56  CIO.
        S. 6456                            41                            A. 9556

     1    [5.]  3.  In awarding contracts pursuant to this section the authority
     2  shall, in addition to the factors set  forth  in  subdivision  three  of
     3  section  seventeen  hundred  thirty-four  of  this  title,  consider the
     4  following factors when establishing a list of pre-qualified bidders  for
     5  construction work: (a) the degree to which a contractor or subcontractor
     6  utilizes  employees who are represented by a labor organization; (b) the
     7  absence of any intentional misrepresentation with  regard  to  lists  of
     8  subcontractors  [previously  submitted  pursuant  to  the  provisions of
     9  subdivision two of this section]; and (c) the record of  the  bidder  in
    10  complying  with  existing  labor standards, maintaining harmonious labor
    11  relations and recognizing state approved apprentice programs.
    12    [6.] 4. The authority shall provide in its construction,  erection  or
    13  alteration  contracts which implement a five year educational facilities
    14  capital plan a provision that shall  require  each  contractor  to  make
    15  prompt  payment  to  its  subcontractors [performing each subdivision of
    16  work listed in subdivision three of this section]. Within seven calendar
    17  days of the receipt of any payment from the  authority,  the  contractor
    18  shall  pay  to  each  such subcontractor that portion of the proceeds of
    19  such payment representing the  value  of  the  work  performed  by  such
    20  subcontractor, based upon the actual value of the subcontract, which has
    21  been approved and paid for by the authority, less an amount necessary to
    22  satisfy  any  claims, liens or judgments against the subcontractor which
    23  have not been suitably discharged and less any amount  retained  by  the
    24  contractor  as  provided  herein.  For such purpose, the subcontract may
    25  provide that the contractor may retain not more than five per centum  of
    26  each  payment  to  the  subcontractor or not more than ten per centum of
    27  each such payment if prior to entering into the subcontract the  subcon-
    28  tractor  is  unable  or  unwilling  to  provide,  at  the request of the
    29  contractor, a performance bond and a labor and material bond both in the
    30  amount of the subcontract.
    31    At the time of making a payment to the contractor for  work  performed
    32  by  the subcontractors [set forth in subdivision three of this section],
    33  the authority shall file in its office  for  review  a  record  of  such
    34  payment.    If any such subcontractor shall notify the authority and the
    35  contractor in writing that the contractor has failed to make  a  payment
    36  to  it  as  provided  herein  and the contractor shall fail, within five
    37  calendar days after receipt of such notice, to furnish either  proof  of
    38  such  payment  or notice that the amount claimed by the subcontractor is
    39  in dispute, the authority shall withhold from amounts then or thereafter
    40  becoming due and payable to the  contractor,  other  than  from  amounts
    41  becoming  due  and  payable  to the contractor representing the value of
    42  work approved by the authority and performed by other subcontractors and
    43  which the contractor is required to pay to  such  subcontractors  within
    44  seven  calendar days as herein provided, an amount equal to that portion
    45  of the authority's prior payment to the contractor which the subcontrac-
    46  tor claims to be due it, shall remit the amount when and so withheld  to
    47  the  subcontractor  and deduct such payment from the amounts then other-
    48  wise due and payable to the contractor, which payment shall, as  between
    49  the  contractor  and the authority, be deemed a payment by the authority
    50  to the contractor. In the event the contractor shall notify the authori-
    51  ty as above provided that the claim of the subcontractor is in  dispute,
    52  the  authority  shall  withhold from amounts then or thereafter becoming
    53  due and payable to the contractor, other than from amounts becoming  due
    54  and payable to the contractor representing the value of work approved by
    55  the  authority  and  performed  by  other  subcontractors  and which the
    56  contractor is required to pay to such subcontractors within seven calen-
        S. 6456                            42                            A. 9556

     1  dar days as herein provided, an amount equal  to  that  portion  of  the
     2  authority's  prior  payment  to  the  contractor which the subcontractor
     3  claims to be due it and deposit such amount when and so  withheld  in  a
     4  separate interest-bearing account pending resolution of the dispute, and
     5  the amount so deposited together with the interest thereon shall be paid
     6  to the party or parties ultimately determined to be entitled thereto, or
     7  until  the  contractor and subcontractor shall otherwise agree as to the
     8  disposition thereof. In the event the authority  shall  be  required  to
     9  withhold  amounts  from  a  contractor  for the benefit of more than one
    10  subcontractor, the amounts so withheld shall be applied to or  for  such
    11  subcontractors  in  the order in which the written notices of nonpayment
    12  have been received by the authority, and if more than  one  such  notice
    13  was  received  on the same day, proportionately based upon the amount of
    14  the subcontractor claims received on such day. Nothing herein  contained
    15  shall  prevent  the  authority from commencing an interpleader action to
    16  determine entitlement to a disputed payment in accordance  with  section
    17  one  thousand  six of the civil practice law and rules, or any successor
    18  provision thereto.
    19    Payment to a subcontractor  shall  not  relieve  the  contractor  from
    20  responsibility  for the work covered by the payment. Except as otherwise
    21  provided, nothing contained herein shall create any  obligation  on  the
    22  part  of  the  authority  to  pay  any subcontractor, nor shall anything
    23  provided herein serve to create any relationship in contract  or  other-
    24  wise, implied or expressed, between the subcontractor and the authority.
    25    [The  provisions  of  this  subdivision shall not be applicable to the
    26  subcontractors of a contractor whose contract is limited to the perform-
    27  ance of a single subdivision of work listed in subdivision three of this
    28  section.
    29    7.] 5. The provisions of this section shall cease to be in  effect  in
    30  the  event any of the provisions of this section shall be adjudged to be
    31  invalid by the final judgment of a court of competent jurisdiction  from
    32  which  judgment  all  appeals  or  applications  for  relief  have  been
    33  exhausted or the time therefor has expired, provided, however, that such
    34  appeals or applications are pursued promptly.
    35    § 37. Subdivision 1 of section 1840-n of the public  authorities  law,
    36  as  added  by  chapter  273  of  the laws of 1979, is amended to read as
    37  follows:
    38    1. Construction contracts let by the authority or a local  development
    39  corporation  shall  be  in  conformity with the applicable provisions of
    40  [sections one hundred thirty-five and] section one hundred forty-four of
    41  the state finance law.
    42    § 38. Section 1949-d of the public authorities law, as added by  chap-
    43  ter 130 of the laws of 1996, is amended to read as follows:
    44    §  1949-d.  Contracts. All contracts for construction shall be let [by
    45  the authority in conformity with the applicable  provisions  of  section
    46  one  hundred  thirty-five  of the state finance law and shall be let] in
    47  accordance with the provisions of state  law  pertaining  to  prevailing
    48  wages, labor standards and working hours.
    49    The authority may, in its discretion, assign contracts for supervision
    50  and  coordination  to  the successful bidder for any subdivision of work
    51  for which the authority receives bids. 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. 6456                            43                            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    §  39. Subdivision 4 of section 1974 of the public authorities law, as
     5  amended by chapter 596 of the laws  of  1973,  is  amended  to  read  as
     6  follows:
     7    4.  To  acquire,  construct,  improve, enlarge, operate and maintain a
     8  project within the project area as defined herein and all  other  struc-
     9  tures,   appurtenances   and   facilities  necessary  or  convenient  in
    10  connection  therewith,  [provided,  however,  that  all  contracts   for
    11  construction  let  by  the authority shall be let in conformity with the
    12  provisions of section one hundred thirty-five of the state finance law,]
    13  except that contracts  for  construction  let  by  subsidiaries  of  the
    14  authority  shall  be  governed [instead] by the applicable provisions of
    15  the private housing finance law;
    16    § 40. Subdivision 1 of section 2051-p of the public  authorities  law,
    17  as  added  by  chapter  667  of  the laws of 1988, is amended to read as
    18  follows:
    19    1. All contracts or orders, for work, material or  supplies  performed
    20  or  furnished  in  connection with construction, shall be awarded by the
    21  agency pursuant to resolution of the governing body except as hereinaft-
    22  er provided. Such awards, when applicable, shall be made  in  compliance
    23  with  paragraph  (e)  of subdivision four and subdivision seven[, except
    24  paragraph (b),] of section one hundred twenty-w of the general municipal
    25  law. In any construction contract, the agency may provide a program  for
    26  the  payment  of  damages  for  delays  and incentive awards in order to
    27  encourage timely project completion.   An  action,  suit  or  proceeding
    28  contesting  the validity of a contract awarded pursuant to this section,
    29  or the validity of the procedures  relating  to  such  award,  shall  be
    30  governed  by  the  provisions  of subdivision six of section one hundred
    31  twenty-w of the general municipal law and  the  term  "municipality"  as
    32  used in such subdivision six shall mean the agency.
    33    § 41. Subdivision 2 of section 2350-o of the public authorities law is
    34  REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
    35    §  42.  Paragraph  (a)  of subdivision 6 of section 2466 of the public
    36  authorities law is REPEALED and paragraphs (b) and  (c)  are  relettered
    37  paragraphs (a) and (b).
    38    §  43. Subdivision 1 of section 2508 of the public authorities law, as
    39  added by chapter 816 of the laws of 1973, is amended to read as follows:
    40    1. All contracts for the construction, reconstruction,  rehabilitation
    41  or  improvement  of  buildings  or structures shall be let in the manner
    42  provided by law for contracts of the city. The authority [in] if prepar-
    43  ing separate specifications may provide for assignment of responsibility
    44  for coordination of any of the contracts for such work to a  responsible
    45  person, firm or corporation.
    46    §  44. Section 2591 of the public authorities law, as added by chapter
    47  545 of the laws of 2000, is amended to read as follows:
    48    § 2591. Contracts. 1. [Construction contracts  let  by  the  authority
    49  shall  be  in  conformity  with the applicable provisions of section one
    50  hundred thirty-five of the state finance law.
    51    2.] The authority may, in its discretion, assign contracts for  super-
    52  vision  and coordination to the successful bidder for any subdivision of
    53  work for which the authority receives bids.  Any  construction  contract
    54  awarded  by  the authority shall contain such other terms and conditions
    55  as the authority may deem desirable. The authority shall not  award  any
    56  construction  contract  except to the lowest bidder who, in its opinion,
        S. 6456                            44                            A. 9556

     1  is qualified to perform the work required and  who  is  responsible  and
     2  reliable.  The  authority  may, however, reject any or all bids or waive
     3  any informality in a bid if it believes that the public interest will be
     4  promoted thereby. The authority may reject any bid, if, in its judgment,
     5  the  business  and  technical  organization, plant, resources, financial
     6  standing, or experience of the bidder justifies such rejection  in  view
     7  of the work to be performed.
     8    [3.]  2. All contracts or leases for the construction, reconstruction,
     9  rehabilitation or improvement of buildings let by  the  authority  shall
    10  comply  with  the  provisions of section two hundred twenty of the labor
    11  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    [5.] 4. If after consideration, the authority determines acting within
    18  its discretion and proprietary capacity that given the  purpose  of  any
    19  project  and the impact of delay, the possibility of cost savings advan-
    20  tages, and the local history of labor unrest, if any,  its  interest  in
    21  obtaining  the  best  work  at  the lowest possible price and preventing
    22  favoritism, fraud and corruption are best met  by  requiring  a  project
    23  labor  agreement  as  an  incident  of any contract let by the authority
    24  regarding any project, it may require such a project labor agreement.
    25    § 45. Subdivision 1 of section 2620 of the public authorities law,  as
    26  added by chapter 404 of the laws of 1981, is amended to read as follows:
    27    1.  Construction contracts let by the authority shall be in conformity
    28  with the applicable provisions of [sections one hundred thirty-five and]
    29  section one hundred forty-four of the state finance law.
    30    § 46. Section 2642-m of the public authorities law, as added by  chap-
    31  ter 75 of the laws of 2000, is amended to read as follows:
    32    §  2642-m.  Contracts.  1.  All contracts for the construction, recon-
    33  struction, rehabilitation or improvement of buildings let by the author-
    34  ity shall comply with the provisions of section two  hundred  twenty  of
    35  the  labor law and shall also be subject to the provisions of law appli-
    36  cable to contracts let by a municipal corporation, except  as  otherwise
    37  provided herein.
    38    2. [All contracts for the construction, reconstruction, rehabilitation
    39  or  improvement of buildings let by the authority shall be in conformity
    40  with the applicable provisions of section one hundred thirty-five of the
    41  state finance law.
    42    3.] The authority may, in its discretion, assign contracts for  super-
    43  vision  and coordination to the successful bidder for any subdivision of
    44  work for which the authority receives bids.  Any  construction  contract
    45  awarded  by  the authority shall contain such other terms and conditions
    46  as the authority may deem  desirable.  The  authority  shall  award  any
    47  construction  contract  involving an expenditure of more than five thou-
    48  sand dollars to the lowest bidder who, in its opinion, is  qualified  to
    49  perform  the  work  required  and  who  is responsible and reliable. The
    50  authority may, however, reject any or all bids or waive any  informality
    51  in a bid if it believes that the public interest will be promoted there-
    52  by.  The authority may reject any bid, if, in its judgment, the business
    53  and technical organization, plant,  resources,  financial  standing,  or
    54  experience of the bidder justifies such rejection in view of the work to
    55  be performed.
        S. 6456                            45                            A. 9556

     1    [4.]  3.  For  the  purposes of article fifteen-A of the executive law
     2  only, the authority shall be deemed a state agency as that term is  used
     3  in   such   article,   and   all   contracts  for  procurement,  design,
     4  construction, services and materials shall  be  deemed  state  contracts
     5  within the meaning of that term as set forth in such article.
     6    §  47. Section 2656 of the public authorities law, as added by chapter
     7  124 of the laws of 1998, subdivision 3 as amended by chapter 631 of  the
     8  laws of 2002, is amended to read as follows:
     9    §  2656.  Contracts.  1.  [Construction contracts let by the authority
    10  shall be in conformity with the applicable  provisions  of  section  one
    11  hundred thirty-five of the state finance law.
    12    2.]  The authority may, in its discretion, assign contracts for super-
    13  vision and coordination to the successful bidder for any subdivision  of
    14  work  for  which  the authority receives bids. Any construction contract
    15  awarded by the authority shall contain such other terms  and  conditions
    16  as  the  authority may deem desirable. The authority shall not award any
    17  construction contract except to the lowest bidder who, in  its  opinion,
    18  is  qualified  to  perform  the work required and who is responsible and
    19  reliable. The authority may, however, reject any or all  bids  or  waive
    20  any informality in a bid if it believes that the public interest will be
    21  promoted thereby. The authority may reject any bid, if, in its judgment,
    22  the  business  and  technical  organization, plant, resources, financial
    23  standing, or experience of the bidder justifies such rejection  in  view
    24  of the work to be performed.
    25    [3.] 2. Each contract to which the authority is a party including, but
    26  not  limited  to,  any  contract, lease, grant, bond, covenant, or other
    27  debt agreement entered into directly  or  indirectly  by  the  authority
    28  financing  in  whole  or  in  part, the construction, demolition, recon-
    29  struction, excavation, rehabilitation, repair, renovation or  alteration
    30  of  a  building or an improvement to property shall require that employ-
    31  ers, contractors and sub-contractors shall comply with the provisions of
    32  section two hundred twenty of the labor law.
    33    [4.] 3. For the purposes of article fifteen-A  of  the  executive  law
    34  only,  the authority shall be deemed a state agency as that term is used
    35  in  such  article,  and   all   contracts   for   procurement,   design,
    36  construction,  services  and  materials  shall be deemed state contracts
    37  within the meaning of that term as set forth in such article[;].
    38    § 48. Subdivision 1 of section 2680-q of the public  authorities  law,
    39  as  added  by  chapter  632  of  the laws of 1999, is amended to read as
    40  follows:
    41    1. The authority shall let contracts for construction or  purchase  of
    42  supplies,  materials, or equipment pursuant to [sections one hundred one
    43  and] section one hundred three of the general municipal law. Nothing  in
    44  this  section shall be construed to limit the powers of the authority to
    45  do any construction directly by the officers, agents  and  employees  of
    46  the authority.
    47    §  49.  Subdivision 1 of section 2722 of the public authorities law is
    48  REPEALED and subdivisions 2 and 3 are renumbered subdivisions 1 and 2.
    49    § 50. Section 2768 of the public authorities law, as added by  chapter
    50  663 of the laws of 1989, is amended to read as follows:
    51    §  2768. Contracts. All contracts for construction shall be let by the
    52  authority in conformity with the applicable provisions of  [section  one
    53  hundred thirty-five of the state finance law and shall be let in accord-
    54  ance  with  the provisions of] state law pertaining to prevailing wages,
    55  labor standards and working hours. [In the case of industrial  projects,
    56  whenever  the authority determines that trade secrets or other confiden-
        S. 6456                            46                            A. 9556

     1  tial information about the prospective project occupant's business oper-
     2  ations, products, processes or  designs  would  be  revealed  by  public
     3  bidding,  the  requirements  of  section  one hundred thirty-five of the
     4  state finance law with respect to public bidding may be waived.  In such
     5  event,  separate  specifications shall be prepared for, and separate and
     6  independent contracts shall be entered into,  for  the  following  three
     7  subdivisions  of work to be performed: (a) plumbing and gas fitting; (b)
     8  steam heating, hot water heating, ventilating and air conditioning appa-
     9  ratus; and (c) electric wiring and standard illuminating fixtures.]  The
    10  authority  may,  in its discretion, assign contracts for supervision and
    11  coordination to the successful bidder for any subdivision  of  work  for
    12  which  the  authority  receives  bids. The authority shall not award any
    13  construction contract except to the lowest bidder who, in  its  opinion,
    14  is  qualified  to  perform  the work required and who is responsible and
    15  reliable. The authority may, however, reject any or all  bids  or  waive
    16  any informality in a bid if it believes that the public interest will be
    17  promoted  thereby. The authority may reject any bid if, in its judgment,
    18  the business and technical  organization,  plant,  resources,  financial
    19  standing,  or  experience of the bidder justifies such rejection in view
    20  of the work to be performed.
    21    § 51. Section 2794 of the public authorities law, as added by  chapter
    22  686 of the laws of 1993, is amended to read as follows:
    23    §  2794. Contracts. All contracts for construction shall be let by the
    24  authority in conformity with the applicable provisions of  [section  one
    25  hundred thirty-five of the state finance law and shall be let in accord-
    26  ance  with  the provisions of] state law pertaining to prevailing wages,
    27  labor standards and working hours.
    28    The authority may, in its discretion, assign contracts for supervision
    29  and coordination to the successful bidder for any  subdivision  of  work
    30  for which the authority receives bids. The authority 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  authority  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 authority may reject any bid if, in its  judgment,
    36  the  business  and  technical  organization, plant, resources, financial
    37  standing, or experience of the bidder justifies such rejection  in  view
    38  of the work to be performed.
    39    §  52.  The  opening paragraph of subdivision 9 of section 3303 of the
    40  public authorities law, as added by chapter 11 of the laws of  1997,  is
    41  amended to read as follows:
    42    It  is  the  intent of the legislature that overall cost should in all
    43  cases be a major criterion in the selection of  project  developers  for
    44  award  of  contracts pursuant to this section and that, wherever practi-
    45  cal, such contracts should be entered into through  competitive  bidding
    46  procedures  as  prescribed by [sections one hundred one and] section one
    47  hundred three of the general municipal law.  It is further the intent of
    48  the legislature to acknowledge the highly complex and innovative  nature
    49  of  medical  technology,  diagnostic and treatment devices, the relative
    50  newness of a variety of devices, processes and procedures now available,
    51  the desirability of a single point of responsibility for the development
    52  of medical treatment and diagnostic  facilities  and  the  economic  and
    53  technical  utility  of  contracts  for medical projects which include in
    54  their scope various combinations  of  design,  construction,  operation,
    55  management  and/or  maintenance responsibility over prolonged periods of
    56  time and that in some instances it may be beneficial to the  corporation
        S. 6456                            47                            A. 9556

     1  to  award a contract for a medical project on the basis of factors other
     2  than cost alone, including but not limited to  facility  design,  system
     3  reliability,  efficiency,  safety, and compatibility with other elements
     4  of  patient care. Accordingly, and notwithstanding the provisions of any
     5  general, special or local law or  chapter,  a  contract  for  a  medical
     6  project  entered  into between the corporation and any project developer
     7  pursuant to this section may be awarded pursuant to  public  bidding  in
     8  compliance with [sections one hundred one and] section one hundred three
     9  of the general municipal law or pursuant to the following provisions for
    10  the  award  of  a contract based on evaluation of proposals submitted in
    11  response to a request for proposals prepared by or for the corporation:
    12    § 53. Subdivision 10 of section 3303 of the public authorities law, as
    13  added by chapter 11 of the laws of 1997, is amended to read as follows:
    14    10. Every contract entered into between the corporation and a  project
    15  developer,  pursuant  to  the provisions of paragraph (d) of subdivision
    16  nine of this section, for a medical project involving construction of  a
    17  medical building by the project developer, shall contain provisions that
    18  such  building  shall  be  constructed  through  construction  contracts
    19  awarded through competitive bidding in accordance  with  paragraphs  (a)
    20  through [(g)] (f) of this subdivision; that the project developer or the
    21  project    developer's  construction  subcontractor shall furnish a bond
    22  guaranteeing prompt payment of  moneys  that  are  due  to  all  persons
    23  furnishing  labor  and  materials  pursuant  to the requirements of such
    24  construction contracts, and that a copy of such payment  bond  shall  be
    25  kept  by  the  corporation  and  shall  be  open  to  public inspection;
    26  provided, however, that the requirements of this subdivision  shall  not
    27  apply  when  the  cost  of  such  construction, exclusive of the cost of
    28  medical equipment  and  devices,  is  less  than  seventy-five  thousand
    29  dollars.
    30    (a)   The   project  developer  shall  advertise  for  bids  for  such
    31  construction contracts in a daily newspaper having  general  circulation
    32  in the county.  Such advertisement shall contain a statement of the time
    33  and  place  where  all  bids  received  pursuant  to such notice will be
    34  publicly opened and read.   An employee  of  the  corporation  shall  be
    35  designated  to  open  the  bids  at  the time and place specified in the
    36  notice.  All bids received shall be publicly opened and read at the time
    37  and place so specified.  At least five days  shall  elapse  between  the
    38  publication of such advertisement and date on which the bids are opened.
    39    (b)  [When the entire cost of constructing such building, exclusive of
    40  any medical equipment, apparatus or devices, shall  exceed  seventy-five
    41  thousand  dollars, the project developer shall prepare separate specifi-
    42  cations for the following subdivisions of such work,  so  as  to  permit
    43  separate and independent bidding upon each subdivision:
    44    (i) plumbing and gas fittings;
    45    (ii)  steam heating, hot water heating, ventilating and air condition-
    46  ing apparatus; and
    47    (iii) electric wiring and standard illuminating fixtures.
    48    (c) After public competitive  bidding,  the  project  developer  shall
    49  award  one or more separate contracts for each of the above subdivisions
    50  of such work, whenever separate specifications are required pursuant  to
    51  paragraph  (b)  of  this  subdivision, and one or more contracts for the
    52  remainder of such work. The project developer may award  such  contracts
    53  at  different  times.]  Contracts  awarded  pursuant to this [paragraph]
    54  subdivision shall be awarded by the  project  developer  to  the  lowest
    55  responsible  and responsive bidder and shall be contracts of the project
    56  developer and not of the corporation which shall have no  obligation  or
        S. 6456                            48                            A. 9556

     1  liabilities,  whatsoever, thereunder.   The project developer shall have
     2  the responsibility for the supervision, coordination, and termination of
     3  such contracts, unless otherwise specified in contractual terms  between
     4  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) Only 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    § 54. The opening paragraph of subdivision 8 of section  3402  of  the
    47  public  authorities  law,  as added by chapter 9 of the laws of 1997, is
    48  amended to read as follows:
    49    It is the intent of the legislature that overall cost  should  in  all
    50  cases  be  a  major criterion in the selection of project developers for
    51  award of contracts pursuant to this section and that,  wherever  practi-
    52  cal, such contracts should be entered into pursuant to the provisions of
    53  [sections  one hundred one and] section one hundred three of the general
    54  municipal law.  It is further the intent of the legislature to  acknowl-
    55  edge  the  highly  complex  and innovative nature of medical technology,
    56  diagnostic and treatment devices, the relative newness of a  variety  of
        S. 6456                            49                            A. 9556

     1  devices,  processes  and procedures now available, the desirability of a
     2  single point of responsibility for the development of medical  treatment
     3  and  diagnostic  facilities  and  the  economic and technical utility of
     4  contracts  for  medical  projects  which  include in their scope various
     5  combinations of design, construction, operation, management and/or main-
     6  tenance responsibility over prolonged periods of time and that  in  some
     7  instances  it  may  be beneficial to the corporation to award a contract
     8  for a medical project on the basis of factors other  than  capital  cost
     9  alone, including but not limited to facility design, system reliability,
    10  efficiency,  safety,  long-term  operating  costs and compatibility with
    11  other elements of patient care.  Accordingly,  and  notwithstanding  the
    12  provisions  of  any general, special or local law or chapter, a contract
    13  for a medical project entered  into  between  the  corporation  and  any
    14  project  developer  pursuant  to this section may be awarded pursuant to
    15  public bidding in compliance with [sections one hundred one and] section
    16  one hundred three of the  general  municipal  law  or  pursuant  to  the
    17  following  provisions for the award of a contract based on evaluation of
    18  proposals submitted in response to a request for proposals  prepared  by
    19  or for the corporation:
    20    §  55. Subdivision 9 of section 3402 of the public authorities law, as
    21  added by chapter 9 of the laws of 1997, is amended to read as follows:
    22    9. Every contract entered into between the corporation and  a  project
    23  developer,  pursuant  to  the provisions of paragraph (d) of subdivision
    24  eight of this section, for a medical project involving construction of a
    25  medical building by the project developer, shall contain provisions that
    26  such  building  shall  be  constructed  through  construction  contracts
    27  awarded  through  competitive  bidding in accordance with paragraphs (a)
    28  through [(g)] (f) of this subdivision; that the project developer or the
    29  project   developer's construction subcontractor shall  furnish  a  bond
    30  guaranteeing  prompt  payment  of  moneys  that  are  due to all persons
    31  furnishing labor and materials pursuant  to  the  requirements  of  such
    32  construction  contracts,  and  that a copy of such payment bond shall be
    33  kept by  the  corporation  and  shall  be  open  to  public  inspection;
    34  provided,  however,  that the requirements of this subdivision shall not
    35  apply when the cost of such  construction,  exclusive  of  the  cost  of
    36  medical  equipment  and  devices,  is  less  than  seventy-five thousand
    37  dollars.
    38    (a)  The  project  developer  shall  advertise  for  bids   for   such
    39  construction  contracts  in a daily newspaper having general circulation
    40  in the county.  Such advertisement shall contain a statement of the time
    41  and place where all bids  received  pursuant  to  such  notice  will  be
    42  publicly  opened  and  read.    An  employee of the corporation shall be
    43  designated to open the bids at the  time  and  place  specified  in  the
    44  notice.  All bids received shall be publicly opened and read at the time
    45  and  place  so  specified.   At least five days shall elapse between the
    46  publication of such advertisement and date on which the bids are opened.
    47    (b) [When the entire cost of constructing such building, exclusive  of
    48  any  medical  equipment, apparatus or devices, shall exceed seventy-five
    49  thousand dollars, the project developer shall prepare separate  specifi-
    50  cations  for  the  following  subdivisions of such work, so as to permit
    51  separate and independent bidding upon each subdivision:
    52    (i) plumbing and gas fittings;
    53    (ii) steam heating, hot water heating, ventilating and air  condition-
    54  ing apparatus; and
    55    (iii) electric wiring and standard illuminating fixtures.
        S. 6456                            50                            A. 9556

     1    (c)  After  public  competitive  bidding,  the project developer shall
     2  award one or more separate contracts for each of the above  subdivisions
     3  of  such work, whenever separate specifications are required pursuant to
     4  paragraph (b) of this subdivision, and one or  more  contracts  for  the
     5  remainder  of such work.  The project developer may award such contracts
     6  at different times.]   Contracts awarded pursuant  to  this  [paragraph]
     7  subdivision  shall  be  awarded  by  the project developer to the lowest
     8  responsible and responsive bidder and shall be contracts of the  project
     9  developer  and  not of the corporation which shall have no obligation or
    10  liabilities, whatsoever, thereunder.  The project developer  shall  have
    11  the responsibility for the supervision, coordination, and termination of
    12  such  contracts, unless otherwise specified in contractual terms between
    13  the project developer and the corporation.
    14    [(d)] (c) In determining whether a prospective contractor is responsi-
    15  ble and responsive, the project developer may require  that  prospective
    16  contractors:
    17    (i)  have  adequate  financial resources or the ability to obtain such
    18  resources;
    19    (ii) be able to comply with  the  required  or  proposed  delivery  or
    20  performance schedule;
    21    (iii) have a satisfactory record of performance;
    22    (iv)   have   the   necessary  organization,  experience,  operational
    23  controls, and technical skills, or the ability to obtain them;
    24    (v) have the necessary production, construction and  technical  equip-
    25  ment and facilities, or the ability to obtain them; and
    26    (vi)  be  eligible to receive an award under applicable laws and regu-
    27  lations and be otherwise qualified.
    28    [(e)] (d) The project developer may reject any bid of a  bidder  which
    29  the  project  developer determines to be nonresponsible or nonresponsive
    30  to the advertisement for bids.
    31    [(f)] (e) The project developer may, in  its  discretion,  reject  all
    32  bids,  and may revise bid specifications and may readvertise for bids as
    33  provided herein.
    34    [(g)] (f) Only as used in this section:
    35    (i) "project developer" means any  private  corporation,  partnership,
    36  limited  liability  company, or individual, or combination thereof which
    37  has submitted a proposal in response to a request for proposals;
    38    (ii) "construction" shall include  reconstruction,  rehabilitation  or
    39  improvement  exclusive  of  the installation and assembly of any medical
    40  equipment, apparatus or device;
    41    (iii) "medical building" means that component  of  a  medical  project
    42  constituting  appurtenant structures or facilities necessary to house or
    43  render the remaining components  of  the  medical  project  operational.
    44  Medical  building  shall  not  include  apparatus,  equipment,  devices,
    45  systems, supplies or any combination thereof;
    46    (iv) "medical project" means any substantial durable apparatus, equip-
    47  ment, device or system, or any combination of the  foregoing,  including
    48  services  necessary to install, erect, or assemble the foregoing and any
    49  appurtenant structures or facilities necessary to house  or  render  the
    50  foregoing  operational, to be used for the purpose of care, treatment or
    51  diagnosis of disease or injury or the relief of pain  and  suffering  of
    52  sick  or  injured persons.   Medical projects shall not include ordinary
    53  supplies and equipment expended or utilized in the  customary  care  and
    54  treatment of patients.
        S. 6456                            51                            A. 9556

     1    §  56.  The  opening paragraph of subdivision 8 of section 3603 of the
     2  public authorities law, as added by chapter 507 of the laws of 1999,  is
     3  amended to read as follows:
     4    It  is  the intent of the legislature that overall costs should in all
     5  cases [by] be a major criterion in the selection of  project  developers
     6  for  the  award of contracts pursuant to this section and that, wherever
     7  practical, such contracts should be  entered  into  through  competitive
     8  bidding  procedures  as  prescribed  by  [sections  one hundred one and]
     9  section one hundred three of the general municipal law.  It  is  further
    10  the  intent  of  the  legislature  to acknowledge the highly complex and
    11  innovative  nature  of  medical  technology,  diagnostic  and  treatment
    12  devices,  the  relative  newness  of a variety of devices, processes and
    13  procedures now available, the desirability of a single point of  respon-
    14  sibility for the development of medical treatment and diagnostic facili-
    15  ties  and  the  economic  and technical utility of contracts for medical
    16  projects which include in their scope various  combinations  of  design,
    17  construction,  operation,  management  and/or maintenance responsibility
    18  over prolonged periods of time. In some instances it may  be  beneficial
    19  to  the  corporation  to  award  a contract for a medical project on the
    20  basis of factors other than cost alone, including  but  not  limited  to
    21  facility design, system reliability, efficiency, safety, and compatibil-
    22  ity  with other elements of patient care. Accordingly, and notwithstand-
    23  ing the provisions of any general, special or local law, a contract  for
    24  a  medical  project entered into between the corporation and any project
    25  developer pursuant to this article may be  awarded  pursuant  to  public
    26  bidding  in  compliance  with [sections one hundred one and] section one
    27  hundred three of the general municipal law or pursuant to the  following
    28  provisions  for the award of a contract based on evaluation of proposals
    29  submitted in response to a request for proposals prepared by or for  the
    30  corporation:
    31    §  57. Subdivision 9 of section 3603 of the public authorities law, as
    32  added by chapter 507 of the laws of 1999, is amended to read as follows:
    33    9. Every contract entered into between the corporation and  a  project
    34  developer,  pursuant  to  the provisions of paragraph (c) of subdivision
    35  eight of this section, for a medical project involving construction of a
    36  medical building by the project developer, shall contain provisions that
    37  such  building  shall  be  constructed  through  construction  contracts
    38  awarded  through bidding in accordance with paragraphs (a) through [(g)]
    39  (f) of this subdivision; that  the  project  developer  or  the  project
    40  developer's construction subcontractor shall furnish a bond guaranteeing
    41  prompt  payment  of  moneys that are due to all persons furnishing labor
    42  and  materials  pursuant  to  the  requirements  of  such   construction
    43  contracts,  and  that  a  copy of such payment bond shall be kept by the
    44  corporation and shall be open to public inspection;  provided,  however,
    45  that  the requirements of this subdivision shall not apply when the cost
    46  of such construction, exclusive of the cost  of  medical  equipment  and
    47  devices, is less than seventy-five thousand dollars.
    48    (a)   The   project  developer  shall  advertise  for  bids  for  such
    49  construction contracts in the official newspaper or newspapers, if  any,
    50  or  otherwise  in a newspaper or newspapers designated for such purpose.
    51  Such advertisements shall contain a statement  of  the  time  and  place
    52  where  all bids received pursuant to such notice will be publicly opened
    53  and read.  An employee of the corporation shall be  designated  to  open
    54  the  bids  at  the  time  and  place  specified  in the notice. All bids
    55  received shall be publicly opened and read at  the  time  and  place  so
        S. 6456                            52                            A. 9556

     1  specified.  At  least  five days shall elapse between the publication of
     2  such advertisement and date on which the bids are opened.
     3    (b)  [When the entire cost of constructing such building, exclusive of
     4  any medical equipment, apparatus or devices, shall  exceed  seventy-five
     5  thousand  dollars, the project developer shall prepare separate specifi-
     6  cations for the following subdivisions of such work,  so  as  to  permit
     7  separate and independent bidding upon each subdivision:
     8    (i) plumbing and gas fittings;
     9    (ii)  steam heating, hot water heating, ventilating and air condition-
    10  ing apparatus; and
    11    (iii) electric wiring and standard illuminating fixtures.
    12    (c) After public competitive  bidding,  the  project  developer  shall
    13  award  one  or  more  separate contracts for each of the subdivisions of
    14  such work set forth in subparagraphs (i), (ii) and  (iii)  of  paragraph
    15  (b)  of  this subdivision, whenever separate specifications are required
    16  pursuant to paragraph (b) of this subdivision, and one or more contracts
    17  for the remainder of such work. The project  developer  may  award  such
    18  contract  at different times.] Contracts awarded pursuant to this [para-
    19  graph] subdivision shall be awarded by  the  project  developer  to  the
    20  lowest  responsible  and responsive bidder and shall be contracts of the
    21  project developer and not of the corporation which shall have  no  obli-
    22  gation  or  liabilities,  whatsoever,  thereunder. The project developer
    23  shall have the responsibility for  the  supervision,  coordination,  and
    24  termination of such contracts, unless otherwise specified in contractual
    25  terms between the project developer and the corporation.
    26    [(d)] (c) In determining whether a prospective contractor is responsi-
    27  ble  and  responsive, the project developer may require that prospective
    28  contractors:
    29    (i) have adequate financial resources or the ability  to  obtain  such
    30  resources;
    31    (ii)  be  able  to  comply  with  the required or proposed delivery or
    32  performance schedule;
    33    (iii) have a satisfactory record of performance;
    34    (iv)  have  the  necessary   organization,   experience,   operational
    35  controls, and technical skills, or the ability to obtain them;
    36    (v)  have  the necessary production, construction and technical equip-
    37  ment and facilities, or the ability to obtain them; and
    38    (vi) be eligible to receive an award under applicable laws  and  regu-
    39  lations and be otherwise qualified.
    40    [(e)]  (d)  The project developer may reject any bid of a bidder which
    41  the project developer determines to be nonresponsible  or  nonresponsive
    42  to the advertisement for bids.
    43    [(f)]  (e)  The  project  developer may, in its discretion, reject all
    44  bids, and may revise bid specifications and may readvertise for bids  as
    45  provided herein.
    46    [(g)] (f) As used in this section:
    47    (i)  "project  developer"  means any private corporation, partnership,
    48  limited liability company, or individual, or combination  thereof  which
    49  has submitted a proposal in response to a request for proposals;
    50    (ii)  "construction"  shall  include reconstruction, rehabilitation or
    51  improvement exclusive of the installation and assembly  of  any  medical
    52  equipment, apparatus or device;
    53    (iii)  "medical  building"  means  that component of a medical project
    54  constituting appurtenant structures or facilities necessary to house  or
    55  render  the  remaining  components  of  the medical project operational.
        S. 6456                            53                            A. 9556

     1  Medical  building  shall  not  include  apparatus,  equipment,  devices,
     2  systems, supplies or any combination thereof;
     3    (iv) "medical project" means any substantial durable apparatus, equip-
     4  ment,  device  or system, or any combination of the foregoing, including
     5  services necessary to install, erect, or assemble the foregoing and  any
     6  appurtenant  structures  or  facilities necessary to house or render the
     7  foregoing operational, to be used for the purpose of care, treatment  or
     8  diagnosis  of  disease  or injury or the relief of pain and suffering of
     9  sick or injured persons. Medical projects  shall  not  include  ordinary
    10  supplies  and  equipment  expended or utilized in the customary care and
    11  treatment of patients.
    12    § 58. Subdivision 4 of section 279-c of the county law,  as  added  by
    13  chapter 504 of the laws of 1997, is amended to read as follows:
    14    4.  Every  agreement  entered  into between the district and a private
    15  entity,  pursuant  to  subdivision  one  of  this   section,   for   the
    16  construction  of  a  wastewater  treatment  facility,  shall require the
    17  payment of all applicable  prevailing  wages  pursuant  to  section  two
    18  hundred  twenty  of  the  labor law, shall require the furnishing to the
    19  district of a performance bond in the full amount of the  cost  of  such
    20  construction,  shall  require  that  each  contractor  and subcontractor
    21  performing work on such construction furnish a payment bond in the  full
    22  amount  of  its  contract guaranteeing prompt payment of monies that are
    23  due to all persons furnishing labor and materials to such contractor  or
    24  subcontractor[,  and shall contain provisions that such construction, if
    25  in excess of twenty thousand dollars, shall  be  conducted  pursuant  to
    26  section  one  hundred  one of the general municipal law].  A copy of the
    27  above mentioned payment and performance  bonds  shall  be  kept  by  the
    28  district and shall be open to public inspection.
    29    §  59. Paragraph c of subdivision 2 of section 8 of section 1 of chap-
    30  ter 359 of the laws of 1968,  constituting  the  facilities  development
    31  corporation act, is amended to read as follows:
    32    c.  [The  corporation  shall  prepare  separate specifications for and
    33  solicit separate and independent bids on and award separate contracts on
    34  the subdivisions of work  to  be  performed  specified  in  section  one
    35  hundred thirty-five of the state finance law, but the corporation in its
    36  discretion  may  assign such contracts for supervision to the successful
    37  bidder for the remaining work to be performed at the time the  contracts
    38  for  the  particular health facility are awarded.] Each contract for the
    39  construction of a health facility  may  include  a  provision  that  the
    40  architect  who  designed  the  facility,  or  an  architect  or engineer
    41  retained or employed specifically for the purpose of supervision,  shall
    42  supervise  the  work to be performed through to completion and shall see
    43  to it that the materials furnished and the work performed are in accord-
    44  ance with the drawings, plans, specifications and contracts therefor.
    45    § 60. Paragraphs b, f, g and h  of  subdivision  2  of  section  9  of
    46  section  1  of chapter 359 of the laws of 1968, constituting the facili-
    47  ties development corporation act, paragraphs b and f as amended by chap-
    48  ter 658 of the laws of 1973, the opening paragraph of  subparagraph  (i)
    49  of  paragraph b as amended by chapter 166 of the laws of 1991, paragraph
    50  g as amended by chapter 127 of the laws  of  2000  and  paragraph  h  as
    51  amended  by  chapter  351  of  the  laws of 1989, are amended to read as
    52  follows:
    53    b. (i) The corporation may design, construct,  reconstruct,  rehabili-
    54  tate  and  improve  a  mental  hygiene  facility, other than a community
    55  mental health and retardation facility, whether as principal or as agent
    56  for the state housing finance agency  or  the  medical  care  facilities
        S. 6456                            54                            A. 9556

     1  finance  agency,  only  by  agreement  with  the commissioner of general
     2  services, except that in the case a mental  hygiene  facility  owned  or
     3  leased by a voluntary agency that is to be designed, constructed, recon-
     4  structed,  rehabilitated and improved under any lease, sublease, loan or
     5  other financing agreement entered into with such  voluntary  agency,  or
     6  jointly  with  such  voluntary agency and one or more voluntary agencies
     7  that operate such facility the same may be designed, constructed, recon-
     8  structed, rehabilitated and improved by  such  voluntary  agencies,  and
     9  except that:
    10    (a) if the commissioner of general services for any reason declines to
    11  enter into an agreement with the corporation for such purpose; or
    12    (b)  if  the  commissioner  of general services fails to enter into an
    13  agreement with the corporation for such purpose within  forty-five  days
    14  after  receiving  notification  from the directors of the corporation of
    15  the work to be performed; or
    16    (c) if the commissioner of general services fails  to  advertise  such
    17  work  for bids within one year after entering into an agreement with the
    18  corporation for the performance of such work; or
    19    (d) if the estimated expense of any such work is less than  ten  thou-
    20  sand  dollars,  the corporation may construct, reconstruct, rehabilitate
    21  and improve a mental  hygiene  facility  by  its  own  employees  or  by
    22  contract awarded pursuant to paragraph [g] f of this subdivision.
    23    (ii) The corporation, with the approval of the director of the budget,
    24  may  construct, reconstruct, rehabilitate and improve a community mental
    25  health and retardation facility by its own employees, by agreement  with
    26  a  city  or  county or with any state department or agency authorized to
    27  perform such work, or by contract awarded pursuant to paragraph [g] f of
    28  this subdivision. All contracts awarded by a city or county on behalf of
    29  the corporation shall be awarded pursuant to paragraph  [g]  f  of  this
    30  subdivision,  notwithstanding  any  provision of any general, special or
    31  local law or any charter.
    32    f. [If the corporation is the letting agency, whether as principal  or
    33  as  agent  for  the  state  housing finance agency, the directors of the
    34  corporation shall prepare separate specifications for, and solicit sepa-
    35  rate and independent bids on,  and  award,  separate  contracts  on  the
    36  subdivisions  of  work  to be performed specified in section one hundred
    37  thirty-five of the state finance law, but the directors  of  the  corpo-
    38  ration  may in their discretion assign such contracts for supervision to
    39  the successful bidder for the remaining work to be performed at the time
    40  the contracts for the particular mental hygiene facility are awarded.
    41    g.] All contracts which are to be awarded pursuant to  this  paragraph
    42  shall  be  awarded  by  public  letting in accordance with the following
    43  provisions,  notwithstanding  any  contrary  provision  of  section  one
    44  hundred  thirty-six, one hundred thirty-nine or one hundred forty of the
    45  state finance law, except that in the discretion of the directors of the
    46  corporation, a contract may be entered into for  such  purposes  without
    47  public letting where the estimated expense thereof is no more than forty
    48  thousand dollars:
    49    (i)  If  contracts are to be publicly let, the directors of the corpo-
    50  ration shall advertise the invitation to bid in a newspaper published in
    51  the county of Albany and in such other newspapers as will be most likely
    52  in their opinion to give adequate notice  to  contractors  of  the  work
    53  required  and  of  the  invitation  to  bid. The invitation to bid shall
    54  contain such information as the directors of the corporation shall  deem
    55  appropriate  and  a  statement  of  the  time  and  place where all bids
    56  received pursuant to such notice will be publicly opened and read.
        S. 6456                            55                            A. 9556

     1    (ii) The directors of the corporation shall  not  award  any  contract
     2  after public bidding except to the lowest bidder who in their opinion is
     3  qualified  to perform the work required and is responsible and reliable.
     4  The directors of the corporation may, however, reject any or  all  bids,
     5  again  advertise  for  bids,  or  waive any informality in a bid if they
     6  believe that the public interest will be promoted thereby. The directors
     7  of the corporation may reject any bid if in their judgment the  business
     8  and  technical  organization,  plant,  resources,  financial standing or
     9  business experience  of  the  bidder,  compared  with  the  work  to  be
    10  performed, justify such rejection.
    11    (iii)  The  invitation  to  bid and the contract awarded shall contain
    12  such other terms and conditions, and such provisions for  penalties,  as
    13  the directors of the corporation may deem desirable.
    14    (iv)  The  directors  of  the corporation shall require such deposits,
    15  bonds and security in connection with the submission of bids, the  award
    16  of  contracts  and the performance of work as they shall determine to be
    17  in the public interest and for the protection of the state and  affected
    18  state agencies, including the corporation.
    19    [h.]  g.  The  directors of the corporation shall determine when minor
    20  work of construction, reconstruction, alteration or repair of any mental
    21  hygiene facility may be done by special order. Special orders  for  such
    22  work  shall be short-form contracts approved by the attorney general and
    23  by the comptroller. No work shall be done by special order in an  amount
    24  in  excess  of  twenty thousand dollars and a bond shall not be required
    25  for special orders. No work shall be done by special  order  unless  the
    26  directors have presented to the comptroller evidence that they have made
    27  a diligent effort to obtain competition sufficient to protect the inter-
    28  ests of the state prior to selecting the contractor to perform the work.
    29  Notwithstanding  the  provisions of paragraph [g] f of this subdivision,
    30  work done by special  order  under  this  paragraph  may  be  advertised
    31  through the regular public notification service of the office of general
    32  services  or the state register. At least five days shall elapse between
    33  the first publication of such public notice and the  date  so  specified
    34  for  the  public  opening  of bids. The directors may also authorize the
    35  corporation to enter into special order contracts using bids  advertised
    36  for,  received and opened by any office of the department, in compliance
    37  with this act and all other applicable  laws,  and  transmitted  to  the
    38  corporation. All payments on special orders shall be made on the certif-
    39  icate  of  the  directors of the corporation and audited and approved by
    40  the state comptroller. All special orders shall contain  a  clause  that
    41  the  special  order  shall only be deemed executory to the extent of the
    42  moneys available and no liability shall be incurred by the state  beyond
    43  the moneys available for the purpose.
    44    § 61. Subdivision (c) of section 4 of chapter 560 of the laws of 1980,
    45  authorizing  the city of New York to adopt a solid waste management law,
    46  is amended to read as follows:
    47    (c) [Every contract, lease or other agreement entered  into,  pursuant
    48  to  this  section,  by  the  city  of  New York for construction, recon-
    49  struction, rehabilitation or improvement of buildings for a solid  waste
    50  recovery  and  management  facility shall contain a provision that, when
    51  the entire cost of such work shall exceed fifty thousand dollars,  sepa-
    52  rate  specifications  shall be prepared for the following three subdivi-
    53  sions of work:
    54    (1) Plumbing and gas fitting;
    55    (2) Steam heating, hot water heating, ventilating and air conditioning
    56  apparatus; and
        S. 6456                            56                            A. 9556

     1    (3) Electric wiring and standard illuminating fixtures.
     2    Such  specifications  shall be drawn to permit the letting of separate
     3  and independent contracts by the  developer  for  each  of  these  three
     4  subdivisions  of  work.  The  city  of  New York may, at its discretion,
     5  direct that  such  specifications  include  minimum  qualifications  for
     6  bidders  with  regard  to  licensing, bonding capacity, minority partic-
     7  ipation, and past performance on prior contracts. Every developer under-
     8  taking the construction, reconstruction, rehabilitation, or  improvement
     9  of  the  buildings  of  a  solid  waste recovery and management facility
    10  pursuant to the provisions of its contract with the  city  of  New  York
    11  shall  let  separate  contracts to the lowest responsible bidder for the
    12  three subdivisions of the above specified work, to any persons  who  are
    13  responsible  and  reliable bidders engaged in these classes of work. Any
    14  such contracts shall be contracts of the developer and not of  the  city
    15  of  New  York. The city of New York shall have no obligations or liabil-
    16  ities, whatsoever, thereunder. The developer shall have the responsibil-
    17  ity for  supervision  and  coordination  of  work  under  such  separate
    18  contracts.]
    19    The  city of New York shall [also] have the right to reject any bidder
    20  not meeting the reasonable and justifiable qualifications  that  it  has
    21  established  for  bidders.  All  qualified  bidders engaged in the above
    22  specified work shall be entitled to bid and to receive, upon request,  a
    23  copy  of  the plans and specifications. All such bids shall be delivered
    24  to such city and be opened publicly at a stated time  and  place,  by  a
    25  designated municipal employee.
    26    Notwithstanding  any  law  or agreement that requires a bond or bonds,
    27  the city of New York shall in addition require, prior to the approval of
    28  any contract, lease, or agreement providing for the construction, recon-
    29  struction, rehabilitation, or improvement of any building  for  a  solid
    30  waste  recovery  and  management  facility, that the developer, if other
    31  than the city of New York, furnish a bond guaranteeing prompt payment of
    32  moneys that are due to all persons furnishing labor or materials in  the
    33  conduct  of  work  provided for in such contract, lease, or other agree-
    34  ment. A copy of such payment bond shall be kept by the city and shall be
    35  open to public inspection.
    36    [The requirements to subcontract, contained herein, shall not apply to
    37  the system to be used for receiving,  processing,  handling  or  storing
    38  waste,  or  the products and by-products derived therefrom, or materials
    39  used in such processing or handling of the system and any  equipment  or
    40  property involving proprietary or trade secrets.]
    41    §  62.  Section 11 of chapter 795 of the laws of 1967, relating to the
    42  construction of boards of cooperative educational services buildings, is
    43  REPEALED.
    44    § 63. Subdivision 1 of section 11 of section 1 of chapter 174  of  the
    45  laws  of  1968, constituting the New York state urban development corpo-
    46  ration act, is amended to read as follows:
    47    (1) Construction  contracts  let  by  [the  corporation  shall  be  in
    48  conformity  with  the applicable provisions of section one hundred thir-
    49  ty-five of the state finance law, provided, however,  that  construction
    50  contracts  let  by]  subsidiaries  of  the corporation which are housing
    51  companies shall be governed by the applicable provisions of the  private
    52  housing  finance  law[;  provided  further, however, that in the case of
    53  industrial projects, whenever  the  corporation  determines  that  trade
    54  secrets  or other confidential information about the prospective project
    55  occupant's business operations, products, processes or designs would  be
    56  revealed  by  public  bidding,  the  requirements of section one hundred
        S. 6456                            57                            A. 9556

     1  thirty-five of the state finance law with respect to public bidding  may
     2  be waived. In such event, separate specifications shall be prepared for,
     3  and  separate  and  independent contracts shall be entered into, for the
     4  following  three  subdivisions of work to be performed: (a) plumbing and
     5  gas fitting; (b) steam heating, hot water heating, ventilating  and  air
     6  conditioning  apparatus; and (c) electric wiring and standard illuminat-
     7  ing fixtures].
     8    § 64. Section 9 of chapter 892 of  the  laws  of  1971,  amending  the
     9  public authorities law relating to construction by the dormitory author-
    10  ity, is REPEALED.
    11    §  65.  Section  21  of  chapter 464 of the laws of 1972, amending the
    12  public authorities law and other laws relating to  providing  facilities
    13  for  community colleges and the powers of the state university trustees,
    14  is REPEALED.
    15    § 66. Section 29 of chapter 337 of the  laws  of  1972,  amending  the
    16  correction  law and other laws relating to facilities for the department
    17  of correctional services, is REPEALED.
    18    § 67. Subdivision 3 of section 6 of chapter 345 of the laws  of  1968,
    19  establishing  a  United Nations development district and formulating and
    20  administering plans for the development of such district, as amended  by
    21  chapter 623 of the laws of 1971, is amended to read as follows:
    22    (3)  to  undertake or cause its subsidiary corporation or corporations
    23  to undertake, or otherwise to have undertaken on behalf  of  the  corpo-
    24  ration, the execution of a development plan or of a portion thereof, and
    25  the  financing,  acquisition, construction, rehabilitation, improvement,
    26  operation and management of any project or  portion  thereof,  including
    27  attendant  relocation  facilities, [provided however, that all contracts
    28  let by the corporation or by a subsidiary (rather than a  sponsor  or  a
    29  person, firm or corporation acting as sponsor in lieu of the corporation
    30  or  its  subsidiaries)  for the erection, construction, or alteration of
    31  buildings shall be let in conformity with the provisions of section  one
    32  hundred thirty-five of the state finance law,]
    33    §  68.  Subdivision  5 of section 5 of chapter 35 of the laws of 1979,
    34  appropriating funds to the New York state urban development corporation,
    35  as amended by chapter 3 of the laws of  2004,  is  amended  to  read  as
    36  follows:
    37    (5)  Any  contract  for  construction  with  respect to the convention
    38  center, including the expansion project, and any convention center hotel
    39  shall be awarded in conformity with the provisions of section eleven  of
    40  the  New  York state urban development corporation act[, and section one
    41  hundred thirty-five of the state finance law as  referred  to  therein].
    42  Notwithstanding  the provisions of this act or of any general or special
    43  law to the contrary, for any contract for construction with  respect  to
    44  the  convention  center, including the expansion project and any conven-
    45  tion center hotel, the  development  corporation  and/or  the  operating
    46  corporation  shall consider the financial and organizational capacity of
    47  contractors and subcontractors in relation to the magnitude of work they
    48  may perform, the record of performance of contractors and subcontractors
    49  on previous work,  the  record  of  contractors  and  subcontractors  in
    50  complying with existing labor standards and maintaining harmonious labor
    51  relations,  and  the commitment of contractors to work with minority and
    52  women owned business enterprises pursuant to article 15-A of the  execu-
    53  tive  law  through  joint  ventures  or subcontractor relationships. The
    54  development corporation and/or the operating corporation  shall  further
    55  require,  on  any  contract  for  construction  in excess of one million
    56  dollars with respect to the convention center, including  the  expansion
        S. 6456                            58                            A. 9556

     1  project  and  any  convention  center  hotel,  that  each contractor and
     2  subcontractor shall participate in apprentice training programs  in  the
     3  trades  of  work it employs that have been approved by the state depart-
     4  ment of labor for not less than three years.
     5    §  69.  Subdivision 5 of section 4 of chapter 735 of the laws of 1979,
     6  providing for construction of an American stock exchange/office facility
     7  in New York county, is amended to read as follows:
     8    (5) Any contract for construction with respect to the exchange facili-
     9  ty shall be awarded in conformity with the provisions of section  eleven
    10  of  the  UDC  act,  [and  section  one  hundred thirty-five of the state
    11  finance law as referred to therein,] provided that the determination  by
    12  the  development  corporation of whether a bidder is "responsible" shall
    13  include (but need not be limited to) consideration, as set forth in  the
    14  bidding  documents,  of the financial and organizational capacity of the
    15  bidder in relation to the magnitude  of  the  contract,  the  record  of
    16  performance  of the bidder on previous work, the record of the bidder in
    17  complying with existing labor standards,  maintaining  harmonious  labor
    18  relations and recognizing state and federally approved apprentice train-
    19  ing  programs, and the ability and willingness of the bidder to provide,
    20  and to commit to provide, for meaningful participation of minority group
    21  persons and business enterprise in the conduct of the work.
    22    § 70. Section 23 of chapter 825 of the  laws  of  1987,  amending  the
    23  public  authorities  law and other laws relating to the construction and
    24  improvement of court facilities, is amended to read as follows:
    25    § 23. Notwithstanding the provisions of any other general, special  or
    26  local law, charter or ordinance or any provision herein to the contrary,
    27  all   contracts  for  construction,  reconstruction,  rehabilitation  or
    28  improvements undertaken pursuant to the provisions of this act shall  be
    29  subject  to the provisions of [sections one hundred one and] section one
    30  hundred three of the general municipal law.
    31    § 71. Subdivision 4 of section 10 of chapter 592 of the laws of  1998,
    32  constituting the Hudson river park act, is amended to read as follows:
    33    4.  The  trust shall be subject to article 9 of the public authorities
    34  law, and its contracts shall be subject to [section  135  of  the  state
    35  finance  law  and]  the provisions of state law pertaining to prevailing
    36  wages, labor standards and working hours. The trust shall  be  deemed  a
    37  "state agency" for purposes of article 15-A of the executive law and its
    38  contracts  for procurement, design, construction, services and materials
    39  shall be deemed state contracts within the meaning of that term  as  set
    40  forth in such article 15-A.
    41    §  72.  Subdivisions (a) and (b) of section 4545 of the civil practice
    42  law and rules are REPEALED and subdivisions (c) and (d)  are  relettered
    43  subdivisions (a) and (b).
    44    §  73.  Subdivision  (a) of section 4545 of the civil practice law and
    45  rules, as added by chapter 220 of the laws of  1986  and  relettered  by
    46  section seventy-two of this act, is amended to read as follows:
    47    (a) Actions for personal injury, injury to property or wrongful death.
    48  In  any action brought to recover damages for personal injury, injury to
    49  property or wrongful death, where the plaintiff seeks to recover for the
    50  cost of medical care, dental care, podiatric  care,  custodial  care  or
    51  rehabilitation  services,  loss  of  earnings  or  other  economic loss,
    52  evidence shall be admissible for consideration by the court to establish
    53  that any such past or future cost or expense was or will,  with  reason-
    54  able  certainty,  be  replaced or indemnified, in whole or in part, from
    55  any collateral source such as insurance  (except  for  life  insurance),
    56  social security (except those benefits provided under title XVIII of the
        S. 6456                            59                            A. 9556

     1  social security act), workers' compensation or employee benefit programs
     2  (except  such  collateral  sources  entitled by law to liens against any
     3  recovery of the plaintiff). If the court finds that  any  such  cost  or
     4  expense  was  or  will, with reasonable certainty, be replaced or indem-
     5  nified from any collateral source, it shall reduce  the  amount  of  the
     6  award by such finding, minus an amount equal to the premiums paid by the
     7  plaintiff  for such benefits for the two-year period immediately preced-
     8  ing the accrual of such action and minus an amount equal to the project-
     9  ed future cost to the plaintiff of maintaining such benefits.  In  order
    10  to find that any future cost or expense will, with reasonable certainty,
    11  be replaced or indemnified by the collateral source, the court must find
    12  that  the plaintiff is legally entitled to the continued receipt of such
    13  collateral source, pursuant  to  a  contract  or  otherwise  enforceable
    14  agreement,  subject  only to the continued payment of a premium and such
    15  other financial obligations as may be required by such agreement.
    16    § 74. Subdivision (e) of rule 4111 of the civil practice law and rules
    17  is REPEALED.
    18    § 75. Subdivision (f) of rule 4111  of  the  civil  practice  law  and
    19  rules, as amended by chapter 100 of the laws of 1994, is amended to read
    20  as follows:
    21    [(f)] (e) Itemized verdict in certain actions. In an action brought to
    22  recover  damages  for  personal  injury,  injury to property or wrongful
    23  death, which is not subject to [subdivisions] subdivision (d) [and  (e)]
    24  of this rule, the court shall instruct the jury that if the jury finds a
    25  verdict awarding damages, it shall in its verdict specify the applicable
    26  elements  of  special  and general damages upon which the award is based
    27  and the amount assigned to each element including, but not  limited  to,
    28  medical expenses, dental expenses, podiatric expenses, loss of earnings,
    29  impairment  of  earning  ability,  and  pain and suffering. Each element
    30  shall be further  itemized  into  amounts  intended  to  compensate  for
    31  damages  that  have  been  incurred  prior  to  the  verdict and amounts
    32  intended to compensate for damages to be  incurred  in  the  future.  In
    33  itemizing  amounts  intended  to compensate for future damages, the jury
    34  shall set forth the period of years over which such amounts are intended
    35  to provide compensation.  In actions in which article fifty-A or fifty-B
    36  of this chapter applies, in computing said damages, the  jury  shall  be
    37  instructed  to  award  the full amount of future damages, as calculated,
    38  without reduction to present value.
    39    § 76. Subdivision (b) of section 4213 of the civil  practice  law  and
    40  rules,  as  separately  amended  by  chapters 485 and 682 of the laws of
    41  1986, is amended to read as follows:
    42    (b) Form of decision. The decision of the court  may  be  oral  or  in
    43  writing  and  shall  state  the facts it deems essential. In [a medical,
    44  dental or podiatric malpractice action or in an action against a  public
    45  employer  or  a  public  employee who is subject to indemnification by a
    46  public employer with respect to such action or both, as such  terms  are
    47  defined in subdivision (b) of section forty-five hundred forty-five, for
    48  personal  injury or wrongful death arising out of an injury sustained by
    49  a public employee while acting within the scope of his public employment
    50  or duties, and in] any [other] action brought  to  recover  damages  for
    51  personal  injury,  injury  to  property,  or  wrongful death, a decision
    52  awarding damages shall specify the applicable elements  of  special  and
    53  general damages upon which the award is based and the amount assigned to
    54  each  element,  including  but  not  limited to medical expenses, dental
    55  expenses, podiatric expenses, loss of earnings,  impairment  of  earning
    56  ability,  and  pain  and  suffering.  In [a medical, dental or podiatric
        S. 6456                            60                            A. 9556

     1  malpractice action, and in] any [other] such action [brought to  recover
     2  damages  for  personal  injury,  injury to property, or wrongful death],
     3  each element shall be further itemized into amounts intended to  compen-
     4  sate  for  damages  which  have  been incurred prior to the decision and
     5  amounts intended to compensate for damages to be incurred in the future.
     6  In itemizing amounts intended to  compensate  for  future  damages,  the
     7  court  shall  set  forth the period of years over which such amounts are
     8  intended to provide compensation. In computing said damages,  the  court
     9  shall  award  the  full amount of future damages, as calculated, without
    10  reduction to present value.
    11    § 77. Subdivision 1 of section 3-a of the general  municipal  law,  as
    12  amended by chapter 4 of the laws of 1991, is amended to read as follows:
    13    1.  Except  as  provided  in  subdivisions  two, four and five of this
    14  section, the rate of interest to be paid by a municipal corporation upon
    15  any judgment or accrued claim against the  municipal  corporation  shall
    16  [not  exceed nine per centum per annum] be calculated at a rate equal to
    17  the weekly  average  one  year  constant  maturity  treasury  yield,  as
    18  published  by  the board of governors of the federal reserve system, for
    19  the calendar week preceding the date of the entry of the judgment award-
    20  ing damages. In no event, however, shall a municipal corporation  pay  a
    21  rate  of  interest  on  any judgment or accrued claim more than nine per
    22  centum per annum.
    23    § 78. Subdivision 5 of section 157  of  the  public  housing  law,  as
    24  amended  by  chapter  681  of  the  laws  of 1982, is amended to read as
    25  follows:
    26    5. The rate of interest to be paid by an authority upon  any  judgment
    27  or accrued claim against the authority shall [not exceed nine per centum
    28  per  annum] be calculated at a rate equal to the weekly average one year
    29  constant maturity treasury yield, as published by the board of governors
    30  of the federal reserve system, for the calendar week preceding the  date
    31  of  the  entry  of  the judgment awarding damages. In no event, however,
    32  shall an authority pay a rate of interest on  any  judgment  or  accrued
    33  claim more than nine per centum per annum.
    34    §  79.  Section 16 of the state finance law, as amended by chapter 681
    35  of the laws of 1982, is amended to read as follows:
    36    § 16. Rate of interest on judgments and  accrued  claims  against  the
    37  state.    The rate of interest to be paid by the state upon any judgment
    38  or accrued claim against the state shall [not exceed nine per centum per
    39  annum] be calculated at a rate equal to  the  weekly  average  one  year
    40  constant maturity treasury yield, as published by the board of governors
    41  of  the federal reserve system, for the calendar week preceding the date
    42  of the entry of the judgment awarding damages.  In  no  event,  however,
    43  shall  the state pay a rate of interest on any judgment or accrued claim
    44  more than nine per centum per annum.
    45    § 80. Section 1 of chapter 585 of the laws of 1939,  relating  to  the
    46  rate  of  interest  to be paid by certain public corporations upon judg-
    47  ments and accrued claims, as amended by chapter 681 of the laws of 1982,
    48  is amended to read as follows:
    49    Section 1. The rate of interest to be paid  by  a  public  corporation
    50  upon  any judgment or accrued claim against the public corporation shall
    51  [not exceed nine per centum per annum] be calculated at a rate equal  to
    52  the  weekly  average  one  year  constant  maturity  treasury  yield, as
    53  published by the board of governors of the federal reserve  system,  for
    54  the calendar week preceding the date of the entry of the judgment award-
    55  ing  damages.    In  no event, however, shall a public corporation pay a
    56  rate of interest on any judgment or accrued claim  more  than  nine  per
        S. 6456                            61                            A. 9556

     1  centum  per  annum.    The term "public corporation" as used in this act
     2  shall mean and include every corporation created for the construction of
     3  public improvements, other than a county, city,  town,  village,  school
     4  district  or  fire  district or an improvement district established in a
     5  town or towns, and possessing both the power  to  contract  indebtedness
     6  and the power to collect rentals, charges, rates or fees for services or
     7  facilities furnished or supplied.
     8    §  81.  Section  3813  of the education law is amended by adding a new
     9  subdivision 5 to read as follows:
    10    5. Exclusive jurisdiction is hereby conferred upon the court of claims
    11  to hear and determine the claims  of  any  person  against  any  of  the
    12  parties  named  in  this section or the claims of any person against any
    13  teacher or member of the supervisory or administrative  staff  or  other
    14  officers  and  employees of such parties that arise out of their employ-
    15  ment, for damages for personal injury, injury to  property  of  wrongful
    16  death,  and  to  make  awards and render judgments therefor. Such claims
    17  shall be subject to the court of claims  act  and  shall  be  heard  and
    18  determined  in  the manner provided in such act for the determination of
    19  claims against the state; provided, however, that (i) the provisions  of
    20  section  twenty-a  of  the  court  of claims act shall not apply to such
    21  claims, (ii) notwithstanding any inconsistent provisions of the court of
    22  claims act, the provisions of sections fifty-e, fifty-h and  fifty-i  of
    23  the  general  municipal  law  shall  apply to such claims, and (iii) all
    24  references in the court of claims act to the attorney general  shall  be
    25  deemed  to refer to the chief legal officer of the governing body of the
    26  district or school with respect to which  the  claim  is  made  and  all
    27  references  in  such  act to the comptroller shall be deemed to refer to
    28  the officer or body having power to adjust and pay claims  against  such
    29  district or school.
    30    §  82.  Subdivision 1 of section 6224 of the education law, as amended
    31  by chapter 711 of the laws of 1982, is amended to read as follows:
    32    1. (a) The provisions of sections fifty-e, fifty-h and fifty-i of  the
    33  general  municipal law shall, notwithstanding any inconsistent provision
    34  of law, continue to apply to actions and proceedings based on a cause of
    35  action involving a community college of the city university of New  York
    36  or  an  officer,  agent,  servant  or employee of such community college
    37  acting in the course of his or her employment. [The] Except as otherwise
    38  provided in paragraph (b) of this subdivision, the provisions of  subdi-
    39  visions  four,  five  and  six  of  this section shall not apply to such
    40  actions and proceedings.
    41    (b) Exclusive jurisdiction is  hereby  conferred  upon  the  court  of
    42  claims to hear and determine the claims of any person against a communi-
    43  ty  college  of  the  city university of New York or any officer, agent,
    44  servant or employee of a community college of the city university of New
    45  York that arise out of their employment for damages for personal injury,
    46  injury to property or wrongful death and to make awards and render judg-
    47  ments therefor. Such claims shall be subject to the court of claims  act
    48  and shall be heard and determined in the manner provided in such act for
    49  the  determination  of claims against the state; provided, however, that
    50  (i) the provisions of section twenty-a of the court of claims act  shall
    51  not   apply  to  such  claims,  (ii)  notwithstanding  any  inconsistent
    52  provisions of the court  of  claims  act,  the  provisions  of  sections
    53  fifty-e, fifty-h and fifty-i of the general municipal law shall apply to
    54  such  claims, and (iii) all references in the court of claims act to the
    55  attorney general and the comptroller shall be deemed  to  refer  to  the
    56  corporation  counsel  of the city of New York and the comptroller of the
        S. 6456                            62                            A. 9556

     1  city of New York, respectively. All awards and  judgments  against  such
     2  college  arising out of such claims shall be paid in the manner provided
     3  by law for the payment of awards and judgments against the city  of  New
     4  York.
     5    § 83. Section 569-a of the public authorities law is amended by adding
     6  a new subdivision 3 to read as follows:
     7    3. Exclusive jurisdiction is hereby conferred upon the court of claims
     8  to  hear and determine the claims of any person against the authority or
     9  the claims of any person against the officers and employees thereof that
    10  arise out of their employment, for damages for personal  injury,  injury
    11  to  property  or  wrongful death and to make awards and render judgments
    12  therefor. Such claims shall be subject to the court of  claims  act  and
    13  shall be heard and determined in the manner provided in such act for the
    14  determination  of  claims against the state; provided, however, that (i)
    15  the provisions of section twenty-a of the court of claims act shall  not
    16  apply  to  such claims, (ii) notwithstanding any inconsistent provisions
    17  of the court of claims act, the provisions of this section  shall  apply
    18  to  such  claims, and (iii) all references in the court of claims act to
    19  the attorney general and the comptroller shall be deemed to refer to the
    20  general counsel of the authority and the  authority,  respectively.  All
    21  awards  and  judgments  against the authority arising out of such claims
    22  shall be paid in the manner provided by law out of  the  monies  of  the
    23  authority.
    24    §  84. Section 1212 of the public authorities law is amended by adding
    25  a new subdivision 7 to read as follows:
    26    7. Exclusive jurisdiction is hereby conferred upon the court of claims
    27  to hear and determine the claims of any person against the authority  or
    28  the claims of any person against the officers and employees thereof that
    29  arise  out  of their employment, for damages for personal injury, injury
    30  to property or wrongful death and to make awards  and  render  judgments
    31  therefor.  Such  claims  shall be subject to the court of claims act and
    32  shall be heard and determined in the manner provided in such act for the
    33  determination of claims against the state; provided, however,  that  (i)
    34  the  provisions of section twenty-a of the court of claims act shall not
    35  apply to such claims, (ii) notwithstanding any  inconsistent  provisions
    36  of  the  court of claims act, the provisions of this section shall apply
    37  to such claims, and (iii) all references in the court of claims  act  to
    38  the attorney general and the comptroller shall be deemed to refer to the
    39  general  counsel  of  the authority and the authority, respectively. All
    40  awards and judgments against the authority arising out  of  such  claims
    41  shall  be  paid  in  the manner provided by law out of the monies of the
    42  authority.
    43    § 85. Section 1276 of the public authorities law is amended by  adding
    44  a new subdivision 7 to read as follows:
    45    7. Exclusive jurisdiction is hereby conferred upon the court of claims
    46  to  hear and determine the claims of any person against the authority or
    47  the claims of any person against the officers and employees thereof that
    48  arise out of their employment, for damages for personal  injury,  injury
    49  to  property  or  wrongful death and to make awards and render judgments
    50  therefor. Such claims shall be subject to the court of  claims  act  and
    51  shall be heard and determined in the manner provided in such act for the
    52  determination  of  claims against the state; provided, however, that (i)
    53  the provisions of section twenty-a of the court of claims act shall  not
    54  apply  to  such claims, (ii) notwithstanding any inconsistent provisions
    55  of the court of claims act, the provisions of this section  shall  apply
    56  to  such  claims, and (iii) all references in the court of claims act to
        S. 6456                            63                            A. 9556

     1  the attorney general and the comptroller shall be deemed to refer to the
     2  general counsel of the authority and the  authority,  respectively.  All
     3  awards  and  judgments  against the authority arising out of such claims
     4  shall  be  paid  in  the manner provided by law out of the monies of the
     5  authority.
     6    § 86. Section 402-a of the public housing law is amended by  adding  a
     7  new subdivision 16 to read as follows:
     8    16.  Exclusive  jurisdiction  is  hereby  conferred  upon the court of
     9  claims to hear and determine the claims of any person  against  the  New
    10  York  city  housing  authority  or  the claims of any person against the
    11  employees thereof that arise out of their employment,  for  damages  for
    12  personal injury, injury to property or wrongful death and to make awards
    13  and render judgments therefor. Such claims shall be subject to the court
    14  of  claims  act and shall be heard and determined in the manner provided
    15  in such act for the determination of claims against the state; provided,
    16  however, that (i) the provisions of section twenty-a  of  the  court  of
    17  claims  act  shall  not  apply  to such claims, (ii) notwithstanding any
    18  inconsistent provisions of the court of claims act,  the  provisions  of
    19  this section shall apply to such claims, and (iii) all references in the
    20  court of claims act to the attorney general and the comptroller shall be
    21  deemed  to  refer  to  the  general counsel of the New York city housing
    22  authority and the New York city  housing  authority,  respectively.  All
    23  awards and judgments against the New York city housing authority arising
    24  out  of  such  claims shall be paid in the manner provided by law out of
    25  the monies of the authority.
    26    § 87. Section 618 of the racing, pari-mutuel wagering and breeding law
    27  is amended by adding a new subdivision 7 to read as follows:
    28    7. Exclusive jurisdiction is hereby conferred upon the court of claims
    29  to hear and determine the claims of any person against  the  corporation
    30  or the claims of any person against the employees thereof that arise out
    31  of their employment, for damages for personal injury, injury to property
    32  or wrongful death and to make awards and render judgments therefor. Such
    33  claims  shall  be  subject to the court of claims act and shall be heard
    34  and determined in the manner provided in such act for the  determination
    35  of  claims against the state; provided, however, that (i) the provisions
    36  of section twenty-a of the court of claims act shall not apply  to  such
    37  claims, (ii) notwithstanding any inconsistent provisions of the court of
    38  claims  act,  the provisions of this section shall apply to such claims,
    39  and (iii) all references in the court of  claims  act  to  the  attorney
    40  general  and the comptroller shall be deemed to refer to the corporation
    41  counsel of the city of New York and the corporation,  respectively.  All
    42  awards  and judgments against the corporation arising out of such claims
    43  shall be paid in the manner provided by law out of  the  monies  of  the
    44  corporation.
    45    §  88.  Section  20  of section 1 of chapter 1016 of the laws of 1969,
    46  constituting the New York city health and hospitals corporation act,  is
    47  amended by adding a new subdivision 2-a to read as follows:
    48    2-a.  Exclusive  jurisdiction  is  hereby  conferred upon the court of
    49  claims to hear and determine the claims of any person against the corpo-
    50  ration or the claims of any person against the  officers  and  employees
    51  thereof  that  arise  out  of their employment, for damages for personal
    52  injury, injury to property or wrongful death  and  to  make  awards  and
    53  render  judgments therefor. Such claims shall be subject to the court of
    54  claims act and shall be heard and determined in the manner  provided  in
    55  such  act  for  the determination of claims against the state; provided,
    56  however, that (i) the provisions of section 20-a of the court of  claims
        S. 6456                            64                            A. 9556

     1  act  shall not apply to such claims, (ii) notwithstanding any inconsist-
     2  ent provisions of the court  of  claims  act,  the  provisions  of  this
     3  section  shall  apply  to  such  claims, and (iii) all references in the
     4  court of claims act to the attorney general and the comptroller shall be
     5  deemed  to  refer to the corporation counsel of the city of New York and
     6  the comptroller of the city of New York, respectively.  All  awards  and
     7  judgments  against  the  corporation arising out of such claims shall be
     8  paid in the manner provided by law for the payment of awards  and  judg-
     9  ments against the city of New York.
    10    §  89. Section 1136 of the public authorities law, as added by chapter
    11  592 of the laws of 1991, is amended to read as follows:
    12    § 1136. Construction and purchase contracts. The authority  shall  let
    13  contracts  for construction or purchase of supplies, materials or equip-
    14  ment pursuant to [sections one hundred  one  and]  section  one  hundred
    15  three  of  the  general  municipal law. Nothing in this section shall be
    16  construed to limit the powers of the authority to  do  any  construction
    17  directly by the officers, agents and employees of the authority.
    18    §  90. Section 2052-k of the public authorities law, as added by chap-
    19  ter 683 of the laws of 1992, is amended to read as follows:
    20    § 2052-k. Construction and purchase contracts. The authority shall let
    21  contracts for construction or purchase of supplies, materials, or equip-
    22  ment pursuant to [sections one hundred  one  and]  section  one  hundred
    23  three  of  the  general  municipal law. Nothing in this section shall be
    24  construed to limit the powers of the authority to  do  any  construction
    25  directly by the officers, agents and employees of the authority.
    26    §  91.  The opening paragraph of subdivision 10 of section 3628 of the
    27  public authorities law, as added by chapter 143 of the laws of 2003,  is
    28  amended to read as follows:
    29    It  is  the  intent  of the legislature that overall cost shall in all
    30  cases be a major criterion in the selection of  project  developers  for
    31  award  of  contracts pursuant to this section and that, whenever practi-
    32  cal, such contracts shall be entered into  through  competitive  bidding
    33  procedures,  as prescribed by [sections one hundred one and] section one
    34  hundred three of the general municipal law. It is further the intent  of
    35  the  legislature to acknowledge the highly complex and innovative nature
    36  of medical technology and diagnostic and treatment devices, the relative
    37  newness of a variety of devices, processes, and  procedures  now  avail-
    38  able,  the  desirability  of  a  single  point of responsibility for the
    39  development of medical treatment  and  diagnostic  facilities,  and  the
    40  economic  and  technical utility of contracts for medical projects which
    41  include in their scope various  combinations  of  design,  construction,
    42  operation, management, or maintenance responsibility, or any combination
    43  thereof,  over  prolonged  periods  of time, and to acknowledge that, in
    44  some instances, it may be beneficial  to  the  corporation  to  award  a
    45  contract  for  a medical project on the basis of factors other than cost
    46  alone, including, but not limited to, facility design, system  reliabil-
    47  ity,  efficiency,  safety,  and  compatibility  with  other  elements of
    48  patient care. Accordingly, and notwithstanding  the  provisions  of  any
    49  general,  special,  or  local  law  or charter, a contract for a medical
    50  project entered into between the corporation and any  project  developer
    51  pursuant  to  this  section may be awarded pursuant to public bidding in
    52  compliance with [sections one hundred one and] section one hundred three
    53  of the general municipal law or pursuant to the following provisions for
    54  the award of a contract based on an evaluation of proposals submitted in
    55  response to a request for proposals prepared by or for the corporation:
        S. 6456                            65                            A. 9556

     1    § 92. Subdivision c of section 119-n of the general municipal law,  as
     2  amended  by  chapter  331  of  the  laws  of 1970, is amended to read as
     3  follows:
     4    c.  The  term  "joint  service" means joint provision of any municipal
     5  facility,  service,  activity,  project  or  undertaking  or  the  joint
     6  performance  or  exercise  of  any  function  or power which each of the
     7  municipal corporations or districts has the power by any  other  general
     8  or  special  law  to  provide,  perform  or exercise, separately and, to
     9  effectuate the purposes of this  article,  shall  include  extension  of
    10  appropriate  territorial  jurisdiction necessary therefor.  For purposes
    11  of this article, each municipal corporation shall be deemed to have  the
    12  power  to  provide,  perform  or  exercise  a joint service which is the
    13  subject of an agreement entered into pursuant  to  section  one  hundred
    14  nineteen-o  of  this  article,  upon entering such agreement and for the
    15  term of such agreement, where one or more municipal  corporations  which
    16  are  parties  to  the  agreement have such power by any other general or
    17  special law.
    18    § 93. Subdivision 1 of section 119-o of the general municipal law,  as
    19  amended  by  chapter  623  of  the  laws  of 1998, is amended to read as
    20  follows:
    21    1. In addition to any other general or special powers vested in munic-
    22  ipal  corporations and districts for the performance of their respective
    23  functions, powers or duties on  an  individual, cooperative,   joint  or
    24  contract basis, municipal corporations and districts shall have power to
    25  enter   into, amend, cancel and terminate agreements for the performance
    26  among themselves or one for the other of   their  respective  functions,
    27  powers   and  duties  on  a  cooperative  or  contract basis  or for the
    28  provision of a joint service  or  a  joint  water,  sewage  or  drainage
    29  project.  Notwithstanding  the foregoing grant of authority, the  tempo-
    30  rary  investment of moneys  by  more  than one municipal corporation  or
    31  district  pursuant  to a municipal cooperation agreement which meets the
    32  definition of "cooperative investment agreement" as set forth in article
    33  three-A of this chapter shall be in compliance with all of the  require-
    34  ments  of  that  article.  Any agreement entered into hereunder shall be
    35  approved by each participating municipal corporation or  district  by  a
    36  majority  vote   of  the  voting  strength of its governing body.  Where
    37  the authority of any municipal corporation or  district  to  perform  by
    38  itself  any function, power and duty or to provide by itself any facili-
    39  ty, service,  activity,  project or undertaking or the financing thereof
    40  is, by any other general or  special  law, subject to a public  hearing,
    41  a  mandatory  or  permissive referendum, consents of governmental  agen-
    42  cies,  or  other  requirements applicable  to the making  of  contracts,
    43  or  where  its  authority to undertake such joint service or function is
    44  accorded upon entering the agreement and at least  one  other  party  to
    45  such  agreement  is  subject  to one or more such requirements, then its
    46  right to participate in   an  agreement  hereunder  shall  be  similarly
    47  conditioned.
    48    §  94. Section 3 of the public officers law is amended by adding a new
    49  subdivision 2-d to read as follows:
    50    2-d. Neither the provisions of  this  section,  nor  of  any  general,
    51  special  or  local  law,  charter,  code, ordinance, resolution, rule or
    52  regulation, requiring a person to be a resident of the political  subdi-
    53  vision  or  municipal corporation of the state for which he or she shall
    54  be chosen or within which his or her official functions are required  to
    55  be  exercised, shall apply to the appointment or assignment of any offi-
    56  cer to carry out any lawful function or duty related to the carrying out
        S. 6456                            66                            A. 9556

     1  of an inter-municipal agreement adopted pursuant to  article  five-G  of
     2  the  general municipal law. Nothing in this subdivision shall invalidate
     3  any prior inter-municipal agreement pursuant to article  five-G  of  the
     4  general municipal law or any official acts conducted pursuant thereto.
     5    §  95.  The  general  municipal law is amended by adding a new article
     6  12-I to read as follows:
     7                                ARTICLE 12-I
     8       INTER-MUNICIPAL AGREEMENTS TO SHARE REAL PROPERTY TAX REVENUES

     9  Section 239-bb. Inter-municipal agreements to share  real  property  tax
    10             revenues.
    11    § 239-bb. Inter-municipal agreements to share real property tax reven-
    12  ues.    1.  Legislative  findings and intent. The legislature finds that
    13  local governments in New York are increasingly looking for new  ways  to
    14  provide  necessary  services and foster prosperity within their communi-
    15  ties. To this end, they have long been provided  under  law  with  broad
    16  authority to act together for their mutual benefit by forming inter-mun-
    17  icipal  agreements.  Such  agreements  have  provided the means for many
    18  local governments to provide cost effective services  across  a  broader
    19  service  area.    Additionally, inter-municipal agreements have provided
    20  many local  governments  with  the  mechanism  to  formulate  local  and
    21  regional  goals  for  the  provision  of services and advancing economic
    22  development. The legislature recognizes that inter-municipal  agreements
    23  can  be an equally effective tool for achieving such goals by establish-
    24  ing a method for distributing real property tax  increments  which  have
    25  been determined to mutually benefit agreement participants. It is there-
    26  fore  within the public interest to authorize local governments to enter
    27  into inter-municipal agreements for the purpose of sharing real property
    28  tax revenues which derive from projects, services or development  deemed
    29  by such participating local governments to be mutually beneficial.
    30    2.  Inter-municipal  agreements. Cities, towns and villages are hereby
    31  authorized to enter into agreements with each  other  to  delineate  and
    32  establish  geographic  areas, which may include all or a portion of each
    33  municipality, within which any subsequent tax increment  may  be  appor-
    34  tioned  among  the municipalities in such manner as such inter-municipal
    35  agreement shall provide.
    36    3. Inter-municipal agreements content. Such inter-municipal agreements
    37  shall (a) make a finding that the agreement will provide a public  bene-
    38  fit  to  each  participant  by  advancing  mutual or regional goals; (b)
    39  establish a process for identifying and determining the affected proper-
    40  ties or boundaries of the tax increment area; (c) identify the types  of
    41  taxes to be shared; (d) specify the percentage of tax revenues that each
    42  municipality  shall  receive  or  otherwise establish a formula or other
    43  means for determining such amount; (e) specify the duration  or  expira-
    44  tion  of  the  agreement;  and (f) include any other matter necessary or
    45  desirable to carry out the agreement.
    46    4. The tax increment shall be determined for this purpose as follows:
    47    (a) For each parcel within the delineated  area,  the  assessor  shall
    48  separately  state  on the assessment roll, in a manner prescribed by the
    49  state board of real property services, any increase in taxable  assessed
    50  value  of  that parcel which is attributable to the construction, alter-
    51  ation, installation or improvement of real property occurring since  the
    52  effective date of the inter-municipal agreement.
    53    (b)  Each participating municipality which contains some or all of the
    54  parcels in the delineated area shall determine  its  tax  rates  without
        S. 6456                            67                            A. 9556

     1  regard  to  any  of  the  increases in taxable assessed value identified
     2  pursuant to paragraph (a) of this subdivision.
     3    (c) The tax rates so determined shall be applied to the entire taxable
     4  assessed  value of each parcel within the delineated area, including any
     5  increase in taxable assessed value identified pursuant to paragraph  (a)
     6  of  this  subdivision,  and  the taxes so imposed shall be collected and
     7  enforced in the usual manner, except that the taxes resulting  from  the
     8  application  of such tax rates to any such increases in taxable assessed
     9  value shall be segregated upon collection and distributed as provided in
    10  the inter-municipal agreement.
    11    5. In all respects not inconsistent herewith, the provisions of  arti-
    12  cle  five-G of the general municipal law shall apply to such inter-muni-
    13  cipal agreements.
    14    § 96. Paragraphs (c) and (e) of subdivision 6 of section 1680-j of the
    15  public authorities law, as added by section 1 of part MM of  chapter  59
    16  of the laws of 2004, are amended to read as follows:
    17    (c)  Each  contract  entered  into  by  a  public  college  or made in
    18  connection with a  capital  matching  grant  made  to  a  consortium  of
    19  colleges  that  includes  a public college regardless of which member of
    20  the consortium shall be the contracting party  shall  be  awarded  by  a
    21  competitive  process  and  shall  be  deemed  a  state  contract for the
    22  purposes of article nine of the state finance law[,  provided,  however,
    23  that  any  contract  which  would not be a state contract except for the
    24  application of this paragraph  shall  not  be  subject  to  section  one
    25  hundred thirty-five of the state finance law].
    26    (e)  Independent  colleges whose contracts are not state contracts for
    27  the purposes of article nine  of  the  state  finance  law  and  article
    28  fifteen-A  of  the executive law and whose projects under such contracts
    29  do not involve public work so as to be subject to articles eight,  nine,
    30  and  ten  of the labor law, shall execute an undertaking, as a condition
    31  of receiving any capital matching  grant,  to  voluntarily  comply  with
    32  article nine of the state finance law, [except section one hundred thir-
    33  ty-five  of such law,] article fifteen-A of the executive law, and arti-
    34  cles eight, nine, and ten of the labor law so far as the same  would  be
    35  applicable  to  the  contracts of a public college, and to be subject to
    36  the enforcement provisions of said articles to the same extent.
    37    § 97. Section 103 of the general municipal law is amended by adding  a
    38  new subdivision 1-b to read as follows:
    39    1-b. When the officer, board or agency of any political subdivision or
    40  of  any  district  therein  charged with the awarding of contracts under
    41  this section determines that it is in the best interest of the political
    42  subdivision or district therein, they may award contracts  for  services
    43  on the basis of best value as defined in section one hundred sixty-three
    44  of  the  state  finance  law  to  responsive  and  responsible offerers.
    45  Notwithstanding any other provision of  this  section,  a  contract  for
    46  services  may  be  awarded  on the basis of best value provided that the
    47  contracting process and award shall comply with  the  guidelines  estab-
    48  lished under section one hundred sixty-three of the state finance law by
    49  the  state procurement council. Any procurement made under this subdivi-
    50  sion must be approved by the governing body of the purchasing  political
    51  subdivision or district therein.
    52    §  98. Section 103 of the general municipal law is amended by adding a
    53  new subdivision 1-c to read as follows:
    54    1-c. A political subdivision or any district therein  shall  have  the
    55  option of purchasing information technology and telecommunications hard-
    56  ware,  software and professional services through cooperative purchasing
        S. 6456                            68                            A. 9556

     1  permissible pursuant to federal general services administration informa-
     2  tion technology schedule 70  or  any  successor  schedule.  A  political
     3  subdivision  or  any  district  therein  that  purchases through general
     4  services  administration schedule 70, information technology and consol-
     5  idated schedule contracts shall comply with  federal  schedule  ordering
     6  procedures  as  provided  in  federal  acquisition regulation 8.405-1 or
     7  8.405-2, whichever is applicable.   Adherence to such  procedures  shall
     8  constitute  compliance  with  the competitive bidding requirements under
     9  this section.
    10    § 99. Subdivision 3 of section 103 of the general  municipal  law,  as
    11  amended  by  section  1  of part X of chapter 62 of the laws of 2003, is
    12  amended to read as follows:
    13    3. (a) Notwithstanding the  provisions  of  subdivision  one  of  this
    14  section,  any  officer, board or agency of a political subdivision or of
    15  any district therein, located in whole or in part in a  county,  author-
    16  ized  to  make  purchases  of  materials,  equipment  or supplies, or to
    17  contract for services, may make such  purchases,  or  may  contract  for
    18  services,  other  than  services subject to article eight or nine of the
    19  labor law, when available, through the county  in  which  the  political
    20  subdivision  or  district  is  located  or through any county within the
    21  state subject to the rules established pursuant to  subdivision  two  of
    22  section  four hundred eight-a of the county law; provided that the poli-
    23  tical subdivision or district for which such officer,  board  or  agency
    24  acts  shall accept sole responsibility for any payment due the vendor or
    25  contractor.
    26    (b) Notwithstanding the provisions of subdivision one of this section,
    27  any officer, board or agency  of  a  political  subdivision  or  of  any
    28  district  therein  may  authorize  purchases  required by such political
    29  subdivision or any district therein by letting a contract pursuant to  a
    30  written  agreement,  or  by  approving  the use of a contract let by any
    31  department, agency, office, political subdivision or instrumentality  of
    32  any state or states or both.
    33    (c) All purchases and all contracts for such services shall be subject
    34  to  audit  and  inspection  by the political subdivision or district for
    35  which made. Prior to making such purchases  or  contracts  the  officer,
    36  board  or  agency  shall  consider whether such contracts will result in
    37  cost savings after all factors, including charges for service, material,
    38  and delivery, have been considered. No officer, board  or  agency  of  a
    39  political subdivision or of any district therein shall make any purchase
    40  or  contract for any such services through the county in which the poli-
    41  tical subdivision or district is located or through  any  county  within
    42  the  state  when  bids  have  been  received  for  such purchase or such
    43  services by such officer, board or agency, unless such purchase  may  be
    44  made or the contract for such services may be entered into upon the same
    45  terms,  conditions and specifications at a lower price through the coun-
    46  ty.
    47    § 100. This act shall take effect immediately and shall be  deemed  to
    48  have  been  in  full force and effect on and after April 1, 2006, except
    49  that:
    50    1. Section one of this act shall not apply to any  public  arbitration
    51  panel  appointed  prior to the effective date of such section; provided,
    52  however, that the amendments to subdivision 4  of  section  209  of  the
    53  civil  service  law made by section one of this act shall not affect the
    54  expiration of such subdivision and shall be deemed to expire therewith;
    55    2. The provisions of sections two  through  seventy-one,  eighty-nine,
    56  ninety,  ninety-one  and  ninety-six  of  this  act  shall  control  all
        S. 6456                            69                            A. 9556

     1  contracts advertised or solicited for bid on or after the effective date
     2  of this act under the provisions of any law requiring  contracts  to  be
     3  let  pursuant to provisions of law amended by this act; provided, howev-
     4  er,  that  the  amendments to section 1735 of the public authorities law
     5  made by section thirty-six of this act shall not affect  the  repeal  of
     6  such section and shall be deemed repealed therewith;
     7    3.  Sections  seventy-seven  through eighty of this act shall apply to
     8  all judgments entered and all accrued  claims  paid  on  or  after  such
     9  effective date; and
    10    4.  Sections  eighty-one  through  eighty-eight of this act shall take
    11  effect on the one hundred eightieth day after this act shall have become
    12  a law.

    13                                   PART D

    14    Section 1. The state finance law is amended by adding  a  new  section
    15  54-l to read follows:
    16    §  54-l.    State  assistance  to eligible cities and eligible munici-
    17  palities in which a video lottery gaming facility is located.  1.  Defi-
    18  nitions. When used in this section, unless otherwise expressly stated:
    19    a.  "Eligible  city"  shall  mean a city with a population equal to or
    20  greater than one hundred twenty-five thousand in which a  video  lottery
    21  gaming  facility  is  located pursuant to section sixteen hundred seven-
    22  teen-a of the tax law and such  facility  is  located  within  a  school
    23  district  that, for the school year in which state aid payments are made
    24  pursuant to subdivision two of this section, has a percent  of  eligible
    25  applicants  for  the  free  and  reduced price lunch program, as defined
    26  pursuant to paragraph p of subdivision one of section thirty-six hundred
    27  two of the education law, of more than thirty percent.
    28    b. "Eligible municipality" shall mean a county, city, town or  village
    29  in  which a video lottery gaming facility is located pursuant to section
    30  sixteen hundred seventeen-a of the tax law that is not located in a city
    31  with a population equal to or greater than one hundred twenty-five thou-
    32  sand, and such facility is located within a school  district  that,  for
    33  the  school year in which state aid payments are made pursuant to subdi-
    34  vision two of this section, has a percent of eligible applicants for the
    35  free and reduced price lunch program, as defined pursuant to paragraph p
    36  of subdivision one of section thirty-six hundred two  of  the  education
    37  law, of more than thirty percent.
    38    c. "Estimated net machine income" shall mean the estimated full annual
    39  value  of  total revenue wagered after payout for prizes for games known
    40  as "video lottery gaming" as authorized under article thirty-four of the
    41  tax law during the state fiscal year in which  state  aid  payments  are
    42  made pursuant to subdivision two of this section.
    43    d. "Population" shall mean population based on the most recent federal
    44  decennial census.
    45    2. Within amounts appropriated therefor, beginning in the state fiscal
    46  year  commencing  April  first,  two  thousand  seven, and in each state
    47  fiscal year thereafter, an eligible city and  an  eligible  municipality
    48  shall receive a state aid payment as follows:
    49    a.  An  eligible city shall receive a state aid payment equal to three
    50  and one-half percent of the "estimated net machine income" generated  by
    51  a  video  lottery  gaming  facility located in such eligible city.  Such
    52  state aid payment shall not exceed twenty million dollars  per  eligible
    53  city.
        S. 6456                            70                            A. 9556

     1    b. Eligible municipalities shall receive a share of three and one-half
     2  percent  of  the  "estimated  net  machine  income" generated by a video
     3  lottery gaming facility located within  such  eligible  municipality  as
     4  follows:  (i)  twenty-five  percent shall be apportioned and paid to the
     5  county; and (ii) seventy-five percent shall be apportioned and paid on a
     6  pro  rata basis to eligible municipalities, other than the county, based
     7  upon the population of such  eligible  municipalities.  Such  state  aid
     8  payment  shall  not  exceed  twenty-five  percent of an eligible munici-
     9  pality's total expenditures as reported in the statistical report of the
    10  comptroller in the preceding state fiscal year pursuant to section thir-
    11  ty-seven of the general municipal law.
    12    3. a. State aid payments made to an eligible city  pursuant  to  para-
    13  graph  a  of  subdivision  two of this section shall be used to increase
    14  support for public schools in such city.
    15    b. State aid payments made to an  eligible  municipality  pursuant  to
    16  paragraph  b  of  subdivision  two of this section shall be used by such
    17  eligible municipality to: (i) defray local costs associated with a video
    18  lottery gaming facility, or (ii) minimize or reduce real property taxes.
    19    4. On or before June first of each state fiscal year, beginning in the
    20  state fiscal year commencing April first, two  thousand  seven,  at  the
    21  request  of  the director of the division of the budget, the director of
    22  the division of the  lottery  shall  transmit  a  schedule  of  payments
    23  required pursuant to this section to the director of the division of the
    24  budget.  In  determining  such schedule of payments, the director of the
    25  division of the lottery shall include a reconciliation of the state  aid
    26  paid  in the preceding fiscal year. Such reconciliation shall adjust for
    27  the difference between the state aid paid in the preceding  fiscal  year
    28  and what the state aid payment would have been if the actual full annual
    29  value  of  net  machine income had been used in the calculation of state
    30  aid. Such reconciliation shall be subject to the maximum amounts identi-
    31  fied in subdivision two of this section for the year being reconciled.
    32    5. Payments of state aid pursuant to this section shall be made on  or
    33  before  June  thirtieth  of  each  state fiscal year to the chief fiscal
    34  officer of each eligible city and each eligible  municipality  on  audit
    35  and  warrant  of the state comptroller out of moneys appropriated by the
    36  legislature for such purpose to the credit of the local assistance  fund
    37  in the general fund of the state treasury.
    38    §  2.  This  act  shall take effect immediately and shall be deemed to
    39  have been in full force and effect on and after April 1, 2006.

    40                                   PART E

    41    Section 1. The New York state pension reform task force.  1. There  is
    42  hereby  established  the New York state pension reform task force, which
    43  shall consist of eighteen members appointed by the governor.  Members of
    44  the task force shall include five designees of the governor, one of whom
    45  shall be designated to serve as the chairperson of the task  force;  one
    46  member  appointed  upon the recommendation of the temporary president of
    47  the senate; one member appointed upon the recommendation of the  speaker
    48  of  the  assembly; one member appointed upon recommendation of the state
    49  comptroller; one member appointed upon the recommendation of  the  mayor
    50  of the city of New York; one member appointed upon the recommendation of
    51  the  New  York  state association of counties; one member appointed upon
    52  the recommendation of the New York  conference  of  mayors;  one  member
    53  appointed  upon  the  recommendation  of  the  New York state council of
    54  school superintendents; one member appointed upon the recommendation  of
        S. 6456                            71                            A. 9556

     1  the  New York state school boards association; one member appointed upon
     2  the recommendation of the retired  public  employees'  association;  one
     3  member appointed upon the recommendation of the New York state teachers'
     4  retirement  system;  one member appointed upon the recommendation of the
     5  New York city public retirement systems; and two members appointed  upon
     6  the recommendation of  the New York state AFL-CIO.
     7    2.  The  members  of  the task force shall receive no compensation but
     8  shall be entitled to reimbursement for any necessary  expenses  incurred
     9  in connection with the performance of their duties.
    10    3. The task force is authorized to:
    11    a.  employ  or  contract  with  such  actuaries, consultants and other
    12  experts as may be necessary and prescribe their  duties  and  fix  their
    13  compensation;
    14    b.  conduct  hearings  in furtherance of the performance of its duties
    15  under this act; and
    16    c. call upon any  agency,  department,  office,  division,  or  public
    17  authority of this state to supply it with such data and other resources,
    18  personnel  and assistance as the task force deems necessary to discharge
    19  the responsibilities conferred upon it by this act.
    20    § 2. The task force shall study and consider a broad  array  of  work-
    21  force  and pension related topics in the course of its review and in the
    22  development of its  recommendations  and  final  report.  Topics  to  be
    23  included  and  discussed  in  the recommendations and report of the task
    24  force shall include but not be limited to:  benefit  design  to  support
    25  workforce succession planning; alternative defined benefit funding meth-
    26  odologies;  benefit  design  to  support  long-term  workforce planning;
    27  alternative and more affordable  benefit  designs;  demographic  factors
    28  such  as  longer length of service and increased life expectancy; estab-
    29  lishment of a new defined contribution or hybrid defined benefit/defined
    30  contribution pension plan; human resource needs; and alternative  gover-
    31  nance and oversight structures.
    32    §  3. No later than October 31, 2006, the task force shall transmit to
    33  the governor, temporary president of  the  senate  and  speaker  of  the
    34  assembly its final report and recommendations.
    35    § 4. This act shall take effect immediately.

    36                                   PART F

    37    Section  1.  Subdivision 6 of section 167 of the civil service law, as
    38  amended by section 1 of part B of chapter 101 of the laws  of  2004,  is
    39  amended to read as follows:
    40    6.  Notwithstanding any inconsistent provision of law, there is hereby
    41  created a health insurance fund which shall be available without  appro-
    42  priation  or  fiscal  year limitation for premium or subscription charge
    43  payments under any contract or contracts purchased  in  accordance  with
    44  this  article.  Any  interest earned by the investment of moneys in such
    45  fund shall be added to such fund, become a party of such  fund,  and  be
    46  used  for  the purpose of such fund. The amounts withheld from employees
    47  and retired employees under  subdivision  three  of  this  section,  all
    48  amounts appropriated by the state to such health insurance fund, and all
    49  amounts  contributed  by any participating employer pursuant to subdivi-
    50  sion two of this section, shall be credited  to  such  health  insurance
    51  fund. The income derived from any dividends, premium rate adjustments or
    52  other  refunds under any such contract or contracts shall be credited to
    53  such fund and retained therein as a special reserve as determined by the
        S. 6456                            72                            A. 9556

     1  president to minimize adverse fluctuation in current or  future  charges
     2  under any such contract or contracts.
     3    §  2.  Section 167 of the civil service law is amended by adding a new
     4  subdivision 9 to read as follows:
     5    9. Any interest earned by the  investment  of  moneys  in  the  dental
     6  insurance  fund shall be added to such fund, become a part of such fund,
     7  be used for the purpose of such fund, and be available without appropri-
     8  ation or fiscal year limitation.
     9    § 3. Subdivision 1 of section 158 of the civil service law, as amended
    10  by chapter 867 of the laws of 1984, is amended to read as follows:
    11    1. The president, subject to the provisions of this section, is hereby
    12  empowered to establish regulations relating to, and to  enter  into  and
    13  administer  contracts  providing  for, a group term life insurance plan,
    14  and a group accident and health insurance plan on behalf of legislators,
    15  employees of the legislature  hired  on  an  annual  basis,  judges  and
    16  justices  of  the  unified court system, and state employees and retired
    17  employees who, for the purposes of article  fourteen  of  this  chapter,
    18  have been for a period of time prescribed by the regulations and, except
    19  for  such retirees, continue to be in positions designated as managerial
    20  or confidential positions. The president may authorize the inclusion  in
    21  the plan of such employees and retired employees of other governments or
    22  public  employers as defined in subdivision seven of section two hundred
    23  one of [the civil service law] this chapter.  The  president  may  adopt
    24  whatever  other  regulations  which  may  be  necessary  to  fulfill the
    25  intentions of this section. No regulation shall be adopted, repealed  or
    26  amended,  and  no  other  action  taken  with  respect to such employees
    27  affecting the amount of,  or  eligibility  for,  benefits  or  rates  of
    28  contribution  under this section without the approval of the director of
    29  employee relations.
    30    The full costs of any insurance program or programs established pursu-
    31  ant to this subdivision, excluding administrative costs, shall be  borne
    32  by  insureds and retirees. Any interest earned by the moneys in the life
    33  insurance fund shall be added to such fund, become a part of such  fund,
    34  be used for the purpose of such fund, and be available without appropri-
    35  ation or fiscal year limitation.
    36    §  4. Section 3 of part B of chapter 101 of the laws of 2004, amending
    37  the civil service law and the state finance law relating to  the  health
    38  insurance  fund,  as amended by section 1 of part L of chapter 56 of the
    39  laws of 2005, is amended to read as follows:
    40    § 3. This act shall take effect immediately and  shall  be  deemed  to
    41  have  been  in  full  force  and effect on and after April 1, 2004[, and
    42  shall expire March 31, 2006].
    43    § 5. This act shall take effect immediately and  shall  be  deemed  to
    44  have  been  in  full  force  and  effect  on  and  after March 31, 2006,
    45  provided, however, that the amendments to sections 167 and  158  of  the
    46  civil  service law made by sections one, two and three of this act shall
    47  be deemed to have been in full force and effect on and  after  April  1,
    48  2005.

    49                                   PART G

    50    Section 1. Definitions. As used in this act, unless the context clear-
    51  ly requires otherwise:
    52    a.  "Retirement  system" means the New York state and local employees'
    53  retirement system, the New York state teachers' retirement  system,  the
    54  New  York  city  teachers' retirement system, the New York city board of
        S. 6456                            73                            A. 9556

     1  education retirement system or the New York city  employees'  retirement
     2  system,  exclusive  of  the  retirement  plans  established  pursuant to
     3  sections 13-156 and 13-157 of the administrative code of the city of New
     4  York.
     5    b.  "Teachers'  retirement  system" means the New York state teachers'
     6  retirement system or the New York city teachers' retirement system.
     7    c. "Optional retirement program" means the programs established pursu-
     8  ant to the provisions of sections 181, 391 and  6251  of  the  education
     9  law;  or  continued  pursuant to section 3 of chapter 980 of the laws of
    10  1962.
    11    d. "State employer" means (a) the executive branch of the  state,  (b)
    12  the state-operated institutions of the state university of New York, (c)
    13  the  statutory and contract colleges operated pursuant to section 357 of
    14  the education law, (d) the state university construction fund  ("fund"),
    15  (e)  a  cooperative  extension  association ("association"), and (f) the
    16  city university of New York as defined in subdivision 2 of section  6202
    17  of the education law.
    18    e.  (a) "Participating employer" means an employer, other than a state
    19  employer, which participates in a retirement  system;  such  term  shall
    20  include  a  community  college  operating under the program of the state
    21  university of New York. Such term shall not  include:  (a)  the  unified
    22  court  system,  (b) the Senate, (c) the Assembly, and (d) joint legisla-
    23  tive employers.
    24    (b) "Educational employer" means a participating employer which  is  a
    25  school  district,  a  board of cooperative educational services, a voca-
    26  tional education and extension board, an institution for the instruction
    27  of the deaf and of the blind as enumerated in section 4201 of the educa-
    28  tion law, or a school district as enumerated in section 1 of chapter 566
    29  of the laws of 1967, as amended.
    30    f. "Eligible employee" means a person who is a member of a  retirement
    31  system  or  a  participant  in  an optional retirement program who is an
    32  employee in the executive branch of a state employer or an employee of a
    33  state employer or a participating employer which makes an election under
    34  this section or section four of  this  act,  but  such  term  shall  not
    35  include the following persons:
    36    (a) elected officials, judges or justices appointed to or serving in a
    37  court of record and acting village justices;
    38    (b)  chief  administrative  officers  of participating employers which
    39  participate in a teachers' retirement system;
    40    (c) officers described in sections 4, 41-a,  46,  61,  70,  70-a,  169
    41  (including those officers whose salary is established pursuant to salary
    42  plans  under  subdivision  3  of  section 169), 180 and subdivision 1 of
    43  section 41 of the executive  law  and  any  agency  or  department  head
    44  appointed by the governor, comptroller or attorney general; and
    45    (d)  appointed  members  of boards or commissions any of whose members
    46  are appointed by the governor or by another state officer or body.
    47    g. "Eligible title" means any title where a certain  number  of  posi-
    48  tions  in that title, as identified by agency, department, work location
    49  or appointing authority, college or campus, as the case may be,  are  to
    50  be eliminated in accordance with the provisions of section eight of this
    51  act  because  of  economy,  consolidation  or  abolition  of  functions,
    52  curtailment of activities or otherwise.  However, an eligible title  can
    53  also  include a title as identified by agency, department, work location
    54  or appointing authority in which positions have not been eliminated  but
    55  into  which employees in titles affected by layoff can be transferred or
    56  reassigned pursuant to the civil service law, rule or regulation.    The
        S. 6456                            74                            A. 9556

     1  determination  of  eligible  titles shall be made by: (a) the appointing
     2  authority, subject to the approval of the director of  state  operations
     3  for  titles  within  the executive branch, (b) the board of trustees for
     4  the  state  university  (including  the association), the fund, the city
     5  university of New York and of each community college operating under the
     6  program of the state university, and (c) the chief executive officer  or
     7  other  comparable  official  for  participating employers other than the
     8  community colleges.
     9    h. "College faculty" means an employee, not in the classified service,
    10  of a state employer described in paragraphs (b), (c), (d), (e)  and  (f)
    11  of  subdivision  d  of  this  section or of a community college who is a
    12  member of a teachers' retirement system, the New York  state  and  local
    13  employees'  retirement system or a participant in an optional retirement
    14  program.
    15    i. "Active service" means service while being  paid  on  the  payroll,
    16  provided  that  (a)  a  leave of absence with pay shall be deemed active
    17  service; (b) other approved leave without pay not to exceed twelve weeks
    18  from the effective date of this act and the commencement of  the  desig-
    19  nated  open  period;  and  (c) the period of time subsequent to the June
    20  2006 school term and on or before August 31,  2006  for  a  teacher  (or
    21  other  employee  employed  on  a  school year basis) who is otherwise in
    22  active service on the effective date of this act shall be deemed  active
    23  service.
    24    j.  "Open  period  or  periods"  means  the  period beginning with the
    25  commencement date and shall not be more than ninety days nor  less  than
    26  thirty  days in length, as specified by the director of state operations
    27  or by a participating employer pursuant to section four of this act,  by
    28  the  appropriate  board  of trustees for the state university (including
    29  the association), the fund, the city university of New York or a  commu-
    30  nity college operating under a program of the state university; provided
    31  however  that any such period shall not extend beyond March 31, 2007 for
    32  the executive branch of a state employer described in paragraphs (a) and
    33  (b) of subdivision d of this section (except for college  faculty),  not
    34  beyond  December  31,  2006 for participating employers, college faculty
    35  for a state employer described in paragraph (b) of subdivision d of this
    36  section, state employers described in paragraphs (c),  (d)  and  (e)  of
    37  subdivision  d  of this section, not beyond January 31, 2007 for college
    38  faculty of an employer described in paragraph (f) of  subdivision  d  of
    39  this  section, and not beyond August 31, 2006 for educational employers.
    40  For the purposes of retirement pursuant to this act, a  service  retire-
    41  ment  application  must  be filed with the appropriate retirement system
    42  not less than fourteen days prior to the effective date of retirement to
    43  become effective.
    44    k. "Commencement date" means the first day  the  retirement  incentive
    45  authorized  by this act shall be made available, which shall mean a date
    46  or dates on or after the effective date of this act to be determined  by
    47  the  director of state operations for the executive branch of the state,
    48  and which date or dates shall occur no later  than  thirty  days  before
    49  March  31,  2007  or  for  any other state employer or any participating
    50  employer a date on or after the effective date of this act. The director
    51  of state operations shall notify the head of the appropriate  retirement
    52  system  of  the  date of each open period applicable to employees of the
    53  executive branch or of a state employer prior to the commencement date.
    54    § 2. The determination of whether a title shall be considered eligible
    55  shall consider whether the abolition of a specific number  of  positions
    56  within a title would unacceptably:
        S. 6456                            75                            A. 9556

     1    a.  Directly result in a reduction of the level of service required or
     2  mandated to protect and care for clients of the state or a participating
     3  employer or to assure public health and safety;
     4    b.  Endanger  the  health  or  safety  of  employees of the state or a
     5  participating employer; or
     6    c. Clearly result in a loss of significant revenue to the state  or  a
     7  participating  employer or result in substantially increased overtime or
     8  contractual costs. However, upon the determination of  the  director  of
     9  state operations, with respect to employees of the executive branch of a
    10  state  employer,  any titles may be determined eligible if the vacancies
    11  created can be  controlled  by  the  use  of  transfer  or  reassignment
    12  provisions  of  the  civil  service  law,  rules or regulations or other
    13  deployment of state employees.
    14    § 3. a. Eligibility for inclusion in the retirement incentive provided
    15  by section six of this act shall be determined: (a)  by  seniority:  for
    16  participating  employers and for state employers described in paragraphs
    17  (a), (b), (c), (d), (e) and (f) of subdivision d of section one of  this
    18  act,  other  than  for college faculty; seniority shall mean the date of
    19  original permanent  appointment  in  the  civil  service  of  the  state
    20  adjusted to include veteran's credits for those entitled to receive such
    21  credits  pursuant  to  sections  80,  80-a and 85, if applicable, of the
    22  civil service law, as established in the official records of the depart-
    23  ment of civil service, regardless of the  jurisdictional  classification
    24  of  the  position  or  the  status of the incumbent; and (b) for college
    25  faculty, by the board of trustees of the state university, city  univer-
    26  sity  and  of  each community college operating under the program of the
    27  state university.
    28    b. All eligible employees serving in eligible titles desiring to avail
    29  themselves of the retirement incentive provided by section six  of  this
    30  act shall provide written notice to his or her employer on or before the
    31  twenty-first day preceding the end of the open period, or before the end
    32  of  the  applicable open period as such open period is determined by the
    33  director of state operations.  Failure to provide  such  written  notice
    34  shall  render  the  employee  ineligible  for  the  retirement incentive
    35  provided by this act.
    36    § 4. a. On or before August 31, 2006, a participating  employer  or  a
    37  state  employer  described  in  paragraphs (b), (c), (d), (e) and (f) of
    38  subdivision d of section one of  this  act  may  elect  to  provide  its
    39  employees  the  retirement  incentive  authorized by this act by (a) the
    40  enactment of a local law or (b) in the case of a participating  employer
    41  which  is  not  so  empowered  to  act  by local law or a state employer
    42  described in paragraphs (b), (c), (d), (e) and (f) of subdivision  d  of
    43  section  one of this act, by the adoption of a resolution of its govern-
    44  ing body; provided however, no local law or resolution enacted  pursuant
    45  to  this  section  shall  in  any  manner  supersede  any local charter,
    46  provided further, that for an educational employer such election must be
    47  made by July 26, 2006.  The local law or resolution  shall  specify  the
    48  commencement  date  or  dates  (if different for college faculty) of the
    49  program and the length of the open period or periods (if  different  for
    50  college faculty). For a community college operating under the program of
    51  state  university  of New York, such election shall be made by the board
    52  of trustees of such community college subject to  the  approval  of  its
    53  sponsor. A copy of such law or resolution shall be filed with the appro-
    54  priate  retirement  system  or  systems,  and,  if  applicable, on forms
    55  provided by such system. The local law or resolution shall  be  accompa-
    56  nied by the affidavit of the chief executive officer or other comparable
        S. 6456                            76                            A. 9556

     1  official  certifying  to  the  information contained in subdivision b of
     2  this section.
     3    b.  Notwithstanding  any other provision of law, the benefits provided
     4  by this act shall not be made  available  to  any  person  who  (a)  has
     5  received  any  retirement incentive authorized by any provision of state
     6  law, or (b) who receives, has received  or  is  eligible  to  receive  a
     7  payment  in  a  lump  sum or in another form from a retirement incentive
     8  pursuant to the provisions of a collective bargaining  agreement  or  by
     9  other  arrangement  with his or her employer, unless such person files a
    10  written statement with his or her employer, a copy  of  which  shall  be
    11  forwarded to the appropriate retirement system, that he or she agrees to
    12  waive  any  right to such payment. A participating employer who makes an
    13  election pursuant to this section  and  who  offers  or  has  offered  a
    14  retirement incentive pursuant to the provisions of a collective bargain-
    15  ing  agreement or by other arrangement shall prepare, and file with each
    16  retirement system, a list  containing  the  names  and  social  security
    17  numbers of all persons described in this subdivision.
    18    c.  Notwithstanding  any  other provision of this act to the contrary,
    19  the mayor of the city of New York may declare employees of the community
    20  colleges of the city university of New York ineligible for  the  retire-
    21  ment incentive provided by this act by filing such notification with the
    22  chancellor  of the city university of New York, with copies to the chair
    23  of the senate finance committee, the chair  of  the  assembly  ways  and
    24  means  committee  and  the  director of the budget, in writing, no later
    25  than the thirtieth day next succeeding the effective date of this act.
    26    § 5. Notwithstanding any other provision of law, any eligible employee
    27  serving in an eligible title who:
    28    a. has been continuously in the active service of a state employer  or
    29  of  a  participating employer from the effective date of this act to the
    30  date immediately prior to the commencement date of the  applicable  open
    31  period;
    32    b. files an application for service retirement (or files the appropri-
    33  ate  application  and  authorization  form  with the optional retirement
    34  program and a duly  acknowledged  retirement  incentive  form  for  such
    35  program  with the appropriate personnel office) that is effective during
    36  the open period; and
    37    c. is otherwise eligible for a service retirement as of the  effective
    38  date  of the application for retirement shall be entitled to the retire-
    39  ment incentive provided in section six of this  act.  If  not  otherwise
    40  eligible  for a service retirement, the following person shall be deemed
    41  to satisfy the eligibility condition of this section: a person who is at
    42  least age fifty with ten or more years service as of the effective  date
    43  of  retirement  (other than a member of a retirement plan which provides
    44  for half-pay pension  upon  completion  of  twenty-five  years  or  less
    45  service  without  regard  to  age);  a member of a retirement plan which
    46  provides for half-pay pension upon completion of  twenty-five  years  of
    47  service  without regard to age who has not accrued, excluding additional
    48  credit granted pursuant to this act, the  minimum  number  of  years  of
    49  service  required  to retire with an allowance equal to fifty percent of
    50  final average salary under such plan, but has, with the inclusion of the
    51  additional credit provided under this act, accrued such number of  years
    52  of  credit;  or  a  participant  in an optional retirement plan at least
    53  fifty years of age with ten years of service on an annual  salary  basis
    54  with his or her employer as of the date of retirement.
    55    §  6. Notwithstanding any other provision of law, an eligible employee
    56  serving in an eligible title who is: a. A member of a retirement  system
        S. 6456                            77                            A. 9556

     1  and  who  is entitled to a retirement incentive pursuant to section five
     2  of this act shall receive a retirement incentive  of  one-twelfth  of  a
     3  year  of  additional  retirement credit for each year of pension service
     4  credited as of the date of retirement, up to a maximum of three years of
     5  retirement  service  credit  at the time of retirement. For the New York
     6  city teachers' retirement system, the New York city  employees'  retire-
     7  ment  system  and the New York city board of education retirement system
     8  such incentive shall be available for all purposes, including fulfilling
     9  the qualifying service requirements of plan A and C, if applicable.   An
    10  eligible  employee who is covered by the provisions of article 15 of the
    11  retirement and social security law shall retire under the provisions  of
    12  article 15 of the retirement and social security law. The amount of such
    13  benefit  for  an  eligible  employee who is covered by article 15 of the
    14  retirement and social security law and retires under the  provisions  of
    15  this  section  (other than a member with thirty or more years of service
    16  who is at least age fifty-five in the New York state and  local  employ-
    17  ees'  retirement  system  or  a  teachers'  retirement  system) shall be
    18  reduced by six percent for each of the first two years by which  retire-
    19  ment  precedes  age sixty-two, plus a further reduction of three percent
    20  for each year by which retirement precedes age sixty, provided, however,
    21  the foregoing reductions shall not apply:  (i)  in  any  case  where  an
    22  eligible  employee  can  retire  after twenty-five years of service with
    23  immediate payability prior to the age of sixty-two pursuant  to  section
    24  604-b  of  the  retirement  and  social security law or (ii) to any time
    25  period subsequent to the point at which an eligible employee can  retire
    26  for service without reduction of his or her service retirement allowance
    27  pursuant  to  article 16 of the retirement and social security law. Such
    28  reduction shall be prorated for partial years.  The amount of such bene-
    29  fit for an eligible employee with thirty or more years of service who is
    30  a member of the New York state and local employees' retirement system or
    31  a teachers' retirement system or an eligible employee who is  a  partic-
    32  ipant  in  the  optional  twenty-five  year early retirement program for
    33  certain New York city members governed by section 604-c of  the  retire-
    34  ment  and  social  security  law,  as added by chapter 96 of the laws of
    35  1995, with twenty-five or more years of service and who  is  covered  by
    36  article 15 of the retirement and social security law shall be reduced by
    37  five  percent for each year by which retirement pursuant to this section
    38  precedes age fifty-five. The amount of such benefit for an eligible  New
    39  York  city  employee  with  ten  or  more  years of service and who is a
    40  participant in  the  age  fifty-seven  retirement  program  governed  by
    41  section 604-d of the retirement and social security law shall be reduced
    42  by  one-thirtieth  for  the first two years by which retirement precedes
    43  age fifty-seven plus a further reduction of one-twentieth for each  year
    44  by  which  retirement  precedes  age fifty-five. Such reduction shall be
    45  prorated for partial years.  There shall be no reduction for an eligible
    46  New York city employee in a physically taxing position with  twenty-five
    47  or  more  years  of service and who is a participant (i) in the optional
    48  twenty-five year early retirement program for certain  members  governed
    49  by  section 604-c of the retirement and social security law, as added by
    50  chapter 96 of the laws of 1995, or (ii) in the age  fifty-seven  retire-
    51  ment  program  governed  by  section  604-d of the retirement and social
    52  security law. An eligible employee serving in an eligible title  who  is
    53  covered  by  article  11 of the retirement and social security law shall
    54  retire under the provisions of such article. The amount of such  benefit
    55  for  an  eligible  employee  covered by article 11 of the retirement and
    56  social security law other than a member of a teachers' retirement system
        S. 6456                            78                            A. 9556

     1  or a member of the New York state and local employees' retirement system
     2  with thirty or more years of service or a participant  in  the  optional
     3  age  fifty-five improved benefit retirement program for certain New York
     4  city  employees  governed  by section 445-d of the retirement and social
     5  security law, as added by chapter 96 of the laws of 1995,  with  twenty-
     6  five  or  more years of service shall be reduced by six percent for each
     7  of the first two years by which  retirement  pursuant  to  this  section
     8  precedes  age  sixty-two,  plus a further reduction of three percent for
     9  each year by which retirement pursuant  to  this  section  precedes  age
    10  sixty,  provided, however, the foregoing reductions shall not apply: (i)
    11  in any case where an eligible employee can retire  pursuant  to  a  plan
    12  which  permits  retirement for service with immediate payability, exclu-
    13  sive of this act, prior to the age of fifty-five or  (ii)  to  any  time
    14  period  subsequent to the point at which an eligible employee can retire
    15  for service without reduction of his or her service retirement allowance
    16  pursuant to article 16 of the retirement and social security  law.  Such
    17  reduction  shall be prorated for partial years. The amount of such bene-
    18  fit for an eligible employee who is a member of a  teachers'  retirement
    19  system or a member of the New York state and local employees' retirement
    20  system  with  thirty  or  more  years of service or a participant in the
    21  optional age fifty-five improved benefit retirement program for  certain
    22  New  York city employees governed by section 445-d of the retirement and
    23  social security law, as added by chapter 96 of the laws  of  1995,  with
    24  twenty-five or more years of service and who is covered by article 11 of
    25  the  retirement and social security law shall be reduced by five percent
    26  for each year by which retirement pursuant to this section precedes  age
    27  fifty-five.  Such  reduction shall be prorated for partial years.  There
    28  shall be no reduction for an eligible New York city employee in a  phys-
    29  ically  taxing  position  and  who  is a participant in the optional age
    30  fifty-five improved benefit retirement program for certain New York city
    31  employees governed by section 445-d of the retirement and social securi-
    32  ty law, as added by chapter 96 of the laws of 1995, with twenty-five  or
    33  more years of service.
    34    An  eligible  employee serving in an eligible title who is not covered
    35  by article 11 or 15 of the retirement  and  social  security  law  shall
    36  retire  under  the provisions of the plan by which he or she is covered.
    37  The amount of such benefit shall be reduced by  five  percent  for  each
    38  year  by  which  retirement pursuant to this section precedes age fifty-
    39  five, provided, however, the foregoing reductions shall not  apply:  (i)
    40  in  any  case  where  an eligible employee can retire pursuant to a plan
    41  which permits retirement for service with immediate  payability,  exclu-
    42  sive  of  this  act,  prior to the age of fifty-five or (ii) to any time
    43  period subsequent to the point at which an eligible employee can  retire
    44  for service without reduction of his or her service retirement allowance
    45  pursuant  to article 16 of the retirement and social security law.  Such
    46  reduction shall be prorated for  partial  years.  An  eligible  employee
    47  serving in an eligible title who participates in a retirement plan which
    48  provides  for  a  retirement  allowance  equal to fifty percent of final
    49  average salary upon the completion of twenty-five years of service with-
    50  out regard to age and who is otherwise eligible to retire  shall  retire
    51  under  the  provisions of such plan. Such employee shall, at the time of
    52  retirement, be credited with one-twelfth of a year of additional retire-
    53  ment service credit for each year of service credited under such plan as
    54  of the date of retirement, up to a maximum of three years of  retirement
    55  service  credit,  subject  to  the  provisions  of subdivision b of this
    56  section. If such employee has not accrued, excluding  additional  credit
        S. 6456                            79                            A. 9556

     1  granted  pursuant  to  this  act, the minimum number of years of service
     2  required to retire with an allowance equal to  fifty  percent  of  final
     3  average salary under such plan, but has, with the inclusion of the addi-
     4  tional  credit  provided under this act, accrued such number of years of
     5  credit, the benefit payable shall be the  percentage  of  final  average
     6  salary  that  would  ordinarily  be  applicable  to such individual upon
     7  retirement with such amount  of  credit  (including  incentive  credit),
     8  reduced by five per centum per year for each year by which the number of
     9  years of service otherwise required to retire with an allowance equal to
    10  fifty percent of final average salary under such plan exceeds the amount
    11  of  service  credited  to  such  employee  under such plan at retirement
    12  (excluding the additional retirement incentive service  credit  provided
    13  pursuant  to  this  act).  Such  reduction shall be prorated for partial
    14  years.
    15    b. A participant in an optional retirement program who is entitled  to
    16  a  retirement  incentive  pursuant  to  section  five  of this act shall
    17  receive an additional employer contribution equal to  an  amount,  which
    18  shall  be  calculated as follows: (one-twelfth for each year of service)
    19  multiplied by (fifteen percent) multiplied by (the  employee's  earnable
    20  annual  salary  rate in effect on March 1, 2006 or the effective date of
    21  this act if the employee retires prior to March 1,  2006),  such  amount
    22  not  to exceed forty-five percent of such salary rate. Such contribution
    23  shall be made to the employee's retirement annuity  under  the  optional
    24  retirement  program  up  to  the  maximum  contribution  allowable under
    25  section 415 of the internal revenue code. Any contribution in excess  of
    26  that  limit  shall be contributed by the employer to an internal revenue
    27  code section 403(b) contract on behalf of the employee to the extent  it
    28  can  be  contributed  on  a  before-tax  basis  under the maximum limits
    29  allowed under the internal revenue code. Contributions in excess of that
    30  amount shall be paid in cash to the participant in three equal  install-
    31  ments  during  a  twenty-four  month  period commencing on such eligible
    32  employee's effective date of retirement.    Provided,  however,  if  the
    33  employee  is  employed  by  the  city  university of New York and in the
    34  active service of such employer on October 1, 2006 or the effective date
    35  of this act if the employee  retires  prior  to  October  1,  2006,  the
    36  employee's  earnable  annual salary rate shall be the annual salary rate
    37  in effect on such applicable date.
    38    § 7. a. An employee of a state employer, other than the city universi-
    39  ty of New York, who retires pursuant to this act may  defer  calculation
    40  of  the  value  of  accumulated  sick leave credits, if any, and partic-
    41  ipation in the state health insurance plan.
    42    b. Where there is an agreement in accordance with article  14  of  the
    43  civil  service  law,  an employee of a state employer described in para-
    44  graph (a) or (b) of subdivision d  of  section  one  of  this  act,  who
    45  retires pursuant to this act, whose last day of active service is within
    46  thirty  days  prior  to April 1, 2006 or April 1, 2007, who would, if in
    47  active service through March 31, 2006 or March 31, 2007, as  applicable,
    48  be eligible for a lump sum longevity performance award or other lump sum
    49  payments shall receive such payment. An employee who retires pursuant to
    50  this  act,  whose last day of active service is within thirty days prior
    51  to April 1, 2006 or April 1, 2007,  who  would,  if  in  active  service
    52  through March 31, 2006 or March 31, 2007, as applicable, be eligible for
    53  a  lump  sum longevity performance award or other lump sum shall receive
    54  such payment.
    55    c. Notwithstanding any other provision of law, any termination pay  or
    56  leave  arising  from  accrued  sick leave or accrued annual leave for an
        S. 6456                            80                            A. 9556

     1  eligible employee who has elected the retirement incentive  provided  by
     2  this  act  and who is a member of the New York city teachers' retirement
     3  system employed by the board of education of the city of New York  shall
     4  be  paid  in  three equal installments during a twenty-four month period
     5  commencing on such eligible employee's effective date of retirement.
     6    d. An employee of the city of New York or the city university  of  New
     7  York,  as defined in subdivision 2 of section 6202 of the education law,
     8  who retires under the retirement incentive provided by this act, who  is
     9  eligible  for  terminal  leave  pursuant  to  an  applicable  collective
    10  bargaining agreement or a personnel policy or rule or  retirement  leave
    11  pursuant  to  section  3107  of  the education law or who has an accrued
    12  annual leave balance on the effective date of retirement shall  be  paid
    13  in  three equal installments two months, fourteen months and twenty-four
    14  months following such eligible employee's effective date of retirement.
    15    § 8. With respect to employees of  a  state  employer,  any  position,
    16  other  than  a position supported by special revenue funds, vacated as a
    17  result of an eligible  employee  in  an  eligible  title  receiving  the
    18  retirement incentive provided by section six of this act shall be elimi-
    19  nated unless such position is identified as one into which another state
    20  employee  can  be  appointed,  transferred or reassigned pursuant to the
    21  civil service law, or rules or regulations of the  state  civil  service
    22  commission,  in  which case the former position of the state employee so
    23  appointed, transferred or reassigned shall be eliminated. Identification
    24  of positions pursuant to the preceding sentence shall  be  made  by  the
    25  official  or  entity  described  in  paragraphs  (a) through (d) of this
    26  subdivision for titles listed therein:
    27    (a) the director of state operations for titles within  the  executive
    28  branch,
    29    (b)  the  board of trustees for the state university for titles within
    30  the state-operated institutions of the state university of New York  and
    31  the  statutory and contract colleges operated pursuant to section 357 of
    32  the education law and the cooperative extension association;
    33    (c) the board of trustees of the state  university  construction  fund
    34  for titles within the fund; and
    35    (d)  the  board  of  trustees  of  the  city university of New York as
    36  defined in subdivision 2 of section 6202 of the education law for titles
    37  within the city university.
    38    § 9. Notwithstanding any inconsistent provision of  section  eight  of
    39  this  act or any other provision of law:  a. A participating employer or
    40  a state employer described in paragraphs  (b),  (c),  (d),  and  (e)  of
    41  subdivision d of section one of this act shall not be required to elimi-
    42  nate  the  positions  of eligible employees in eligible titles receiving
    43  the retirement incentive provided by section six of  this  act  if  such
    44  employer  can  demonstrate  that  it will achieve a compensation savings
    45  such that the total amount of base salary paid for the  two-year  period
    46  subsequent to the effective date of retirement for such eligible employ-
    47  ees  in  eligible titles to those new hires, if any, who otherwise would
    48  not have been hired by such employer after the effective  date  of  this
    49  act  but  for  the retirement incentive provided herein shall be no more
    50  than one-half of the total amount of base salary that  would  have  been
    51  paid  to  such eligible employees from their date of retirement for such
    52  two-year period. Each such participating employer shall  make  available
    53  its  plans  for  achieving these savings.  A state employer described in
    54  paragraphs (b), (c), (d), and (e) of subdivision d  of  section  one  of
    55  this act shall submit its plan for achieving these savings to the direc-
    56  tor of state operations on or before September 1, 2007.
        S. 6456                            81                            A. 9556

     1    b.  The  city of New York shall not be required to eliminate the posi-
     2  tions of eligible employees in eligible titles receiving the  retirement
     3  incentive  provided  by  section  six  of this act if such participating
     4  employer can demonstrate that it will achieve a compensation  or  equiv-
     5  alent  headcount  savings  such  that  the  total amount of compensation
     6  including benefits paid for the two-year period subsequent to the effec-
     7  tive date of retirement for such eligible employees in  eligible  titles
     8  to  those  new hires, if any, who otherwise would not have been hired by
     9  such employer after the effective date of this act but for  the  retire-
    10  ment  incentive  provided  herein  shall be no more than one-half of the
    11  total amount of base salary that would have been paid to  such  eligible
    12  employees  from  their  date of retirement for such two-year period. For
    13  purposes of this subdivision the "city of New York" shall mean the  city
    14  of  New  York  or  a participating employer a majority of the members of
    15  whose governing body are:  (a) appointed by the mayor of the city of New
    16  York or other citywide elected official, a borough president of the city
    17  of New York, or any combination thereof; (b)  designated  by  virtue  of
    18  their  city  of  New York office or position or their office or position
    19  with a participating employer whose  governing  board  is  described  in
    20  paragraph (a) of this subdivision; or (c) appointed or designated by any
    21  combination  of  the  foregoing.  Such employer shall make available its
    22  plans for achieving these savings.
    23    § 10. Nothing in this act shall be used to provide benefits that shall
    24  exceed the limits contained in section 415 of the internal revenue code.
    25  Provided, however, any service retirement benefit which has been reduced
    26  because of section 415 of the internal revenue code shall  be  increased
    27  when  (and  consistent  with)  the  dollar  limits in section 415 of the
    28  internal revenue code are adjusted by the internal revenue  service  for
    29  cost  of living increases. Such increases shall not increase the benefit
    30  in excess of the service retirement benefit otherwise payable.
    31    § 11. Any eligible employee who retires pursuant to the provisions  of
    32  this act and enters or reenters public service as defined in subdivision
    33  e  of section 210 of the retirement and social security law and joins or
    34  rejoins any public retirement system of the state as defined in subdivi-
    35  sion 6 of section 152 of the  retirement  and  social  security  law  or
    36  elects  to  participate  in  an optional retirement program shall if the
    37  additional benefit was  provided  pursuant  to:  (a)  subdivision  a  of
    38  section  six  of  this act, forfeit the additional benefit authorized by
    39  this act at the time of his or her subsequent retirement; or (b)  subdi-
    40  vision b of section six of this act, repay to the state or participating
    41  employer  such  additional  contribution  together  with the appropriate
    42  interest as determined by the state comptroller.
    43    § 12. Notwithstanding any other  provision  of  law,  if  the  service
    44  retirement  benefit  of  a member of a retirement system is subject to a
    45  maximum retirement benefit, the additional benefit  authorized  by  this
    46  act  will  be computed by multiplying the final average salary times the
    47  number of years of service credit granted by section  six  of  this  act
    48  times the benefit fraction of the plan under which such member retires.
    49    § 13. The provisions of section 430 of the retirement and social secu-
    50  rity  law shall not apply to any benefit or benefit improvement provided
    51  by this act.
    52    § 14. The pension benefit costs of subdivision a  of  section  six  of
    53  this  act  shall  be paid by employers as provided by applicable law for
    54  each retirement system covered by this act over a period not  to  exceed
    55  five years commencing in the state fiscal year ending March 31, 2008.
    56    § 15. This act shall take effect immediately.
        S. 6456                            82                            A. 9556

          FISCAL  NOTE.--This  bill  would  provide  a  retirement incentive for
        certain members of the New York State and  Local  Employees'  Retirement
        System,  the  New  York  State Teachers' Retirement System, the New York
        City Teachers' Retirement System, the New York City Board  of  Education
        Retirement System and the New York City Employees' Retirement System.
          The  incentive  would  provide  one-twelfth  of  a  year of additional
        retirement credit for each year of service credited as of  the  date  of
        retirement,  up to a maximum of three years. For certain members who are
        not otherwise eligible for a service retirement benefit, this bill would
        provide the ability to retire with reductions. If this bill is  enacted,
        the  additional cost for each member who receives this benefit will vary
        depending on the member's age, years of service, plans and final average
        salary.
          It is anticipated that the per member  cost  (at  retirement)  of  the
        incentive  benefit  will  average approximately 60 percent of a member's
        final average salary. This cost will be borne by those employers  elect-
        ing  the  incentive over a five-year period commencing with a payment in
        the State fiscal year 2007-2008.
          This estimate was prepared by the New York State Division of the Budg-
        et based on information provided by the New York State and Local Employ-
        ees' Retirement System.

     1                                   PART H

     2    Section 1. The state comptroller is hereby authorized and directed  to
     3  loan  money in accordance with the provisions set forth in subdivision 5
     4  of section 4 of the state finance law  to  the  following  funds  and/or
     5  accounts:
     6    1. Tuition reimbursement fund (050):
     7    a. Proprietary vocational school supervision account (02).
     8    2. Local government records management improvement fund (052):
     9    a. Local gov't records management account (01).
    10    3. Dedicated highway and bridge trust fund (072):
    11    a. Highway and bridge capital account (01).
    12    4. State parks infrastructure trust fund (076):
    13    a. State parks infrastructure account (01).
    14    5. Clean water/clean air implementation fund (079).
    15    6. State lottery fund (160):
    16    a. Education - New (03).
    17    b. VLT - Admin (05).
    18    c. VLT - Sound basic education fund (06).
    19    7. Medicaid management information system escrow fund (179).
    20    8. Sewage treatment program management and administration fund (300).
    21    9. Environmental conservation special revenue fund (301):
    22    a. Hazardous bulk storage account (F7).
    23    b. Utility environmental regulation account (H4).
    24    c. Low level radioactive waste siting account (K5).
    25    d. Recreation account (K6).
    26    e. Conservationist magazine account (S4).
    27    f. Environmental regulatory account (S5).
    28    g. Natural resource account (S6).
    29    h. Mined land reclamation program account (XB).
    30    10. Environmental protection and oil spill compensation fund (303).
    31    11. Hazardous waste remedial fund (312):
    32    a. Site investigation and construction account (01).
    33    b. Hazardous waste remedial clean up account (06).
        S. 6456                            83                            A. 9556

     1    12. Mass transportation operating assistance fund (313):
     2    a. Public transportation systems account (01).
     3    b. Metropolitan mass transportation (02).
     4    13. Clean air fund (314):
     5    a. Operating permit program account (01).
     6    b. Mobile source account (02).
     7    14. Centralized services fund (323).
     8    15. State exposition special fund (325).
     9    16. Family benefit fund (329).
    10    17. Agency enterprise fund (331):
    11    a. OGS convention center account (55).
    12    18. Agencies internal service fund (334):
    13    a. Archives records management account (02).
    14    b. Federal single audit account (05).
    15    c. Quick copy center account (07).
    16    d. Civil service law: sec 11 admin account (09).
    17    e. Civil service EHS occupational health program account (10).
    18    f. Banking services account (12).
    19    g. Cultural resources survey account (14).
    20    h. Neighborhood work project (17).
    21    i. Automation & printing chargeback account (18).
    22    j. OFT NYT account (20).
    23    k. Data center account (23).
    24    l. Human service telecom account (24).
    25    m.  OMRDD copy center account (26).
    26    n. Financial management system account.
    27    o. Intrusion detection account.
    28    19. Miscellaneous special revenue fund (339):
    29    a. Statewide planning and research cooperative system account (03).
    30    b. OMRDD provider of service account (05).
    31    c. New York state thruway authority account (08).
    32    d. Financial control board account (15).
    33    e. Regulation of racing account (16).
    34    f. New York metropolitan transportation council account (17).
    35    g. Quality of care account (20).
    36    h. Certificate of need account (26).
    37    i. Hospital and nursing home management account (44).
    38    j. State university dormitory income reimbursable account (47).
    39    k. Energy research account (60).
    40    l. Criminal justice improvement account (62).
    41    m. Fingerprint identification and technology account (68).
    42    n.  Environmental laboratory reference fee account (81).
    43    o. Clinical laboratory reference system assessment account (90).
    44    p. Public employment relations board account (93).
    45    q. Radiological health protection account (95).
    46    r. Teacher certification account (A4).
    47    s.  Banking department account (A5).
    48    t. Cable television account (A6).
    49    u.  Indirect cost recovery account (AH).
    50    v. High school equivalency program account (AI).
    51    w. Rail safety inspection account (AQ).
    52    x. Child support incentive revenue account (AX).
    53    y. Multi-agency training account (AY).
    54    z. Insurance department account (B6).
    55    aa. Industry and utility service account (BK).
    56    bb. Real property disposition account (BP).
        S. 6456                            84                            A. 9556

     1    cc. Parking account (BQ).
     2    dd. Asbestos safety training program account (BW).
     3    ee. Improvement of real property tax administration account (BZ).
     4    ff. Public service account (C3).
     5    gg. Plant industry account (CZ).
     6    hh. Batavia school for the blind account (D9).
     7    ii. Investment services account (DC).
     8    jj. Surplus property account (DE).
     9    kk. Financial oversight account (DI).
    10    ll. Regulation of indian gaming account (DT).
    11    mm. Special conservation activities account (DU).
    12    nn.  Interest assessment account (DZ).
    13    oo. Office of the professions account (E3).
    14    pp. Rome school for the deaf account (E6).
    15    qq. Seized assets account (E8).
    16    rr. Administrative adjudication account (E9).
    17    ss. Federal salary sharing account (EC).
    18    tt. Cultural education account (EN).
    19    uu.  Examination and miscellaneous revenue account (ER).
    20    vv. Transportation regulation account (F1).
    21    ww. Consumer protection account (F2).
    22    xx. State student financial aid audit account (FA).
    23    yy. Local services account (G3).
    24    zz. Electronic benefit transfer and common benefit identification card
    25  account (GD).
    26    aaa.  Division  of  housing  and community renewal housing information
    27  systems special revenue account (H1).
    28    bbb. Housing special revenue account (H2).
    29    ccc. Department of motor vehicles compulsory insurance account (H7).
    30    ddd. Housing Indirect cost recovery (HI).
    31    eee. Housing credit agency application fee account (J5).
    32    fff. EPIC premium account (J6).
    33    ggg. Federal gasoline and diesel fuel excise tax account (L6).
    34    hhh. Administrative reimbursement account (L7).
    35    iii.  Medical assistance disability account (LF).
    36    jjj. Low income housing credit monitoring fee account (NG).
    37    kkk. Procurement opportunities newsletter account (P4).
    38    lll. Corporation administration account (P6).
    39    mmm. Public authority governance account (PA).
    40    nnn. Montrose veteran's home account (Q6).
    41    ooo. Excelsior capital corporation reimbursement account (R1).
    42    ppp. Motor fuel quality account (R4).
    43    qqq. Weights and measures account (R5).
    44    rrr. Deferred compensation administration account (R7).
    45    sss. Rent revenue other account (RR).
    46    ttt. Batavia medicaid income account (S1).
    47    uuu. Rent revenue account (S8).
    48    vvv. Tax revenue arrearage account (TR).
    49    www. Solid waste management account (W3).
    50    xxx.  Occupational health clinics account (W4).
    51    yyy. Tenured teacher hearing account (YR).
    52    zzz. OMRDD day services account.
    53    aaaa. Point insurance reduction program account.
    54    20. State university income fund (345):
    55    a. State university general income offset account (11).
    56    21. State police and motor vehicle law enforcement fund (354):
        S. 6456                            85                            A. 9556

     1    a. State police motor vehicle law enforcement account (02).
     2    22. Youth facilities improvement fund (357):
     3    a. Youth facilities improvement account (01).
     4    23. Highway safety program fund (362):
     5    a. Highway safety program account (01).
     6    24. 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    25. New York city county clerks offset fund (368):
    10    a. NYCCC operating offset account (01).
    11    26. Housing assistance fund (374).
    12    27. Housing program fund (376).
    13    28. Department of transportation - engineering services fund (380):
    14    a. Highway facility purpose account (01).
    15    29. Miscellaneous capital projects fund (387):
    16    a. Clean air capital account (08).
    17    30. Mental hygiene facilities capital improvement fund (389).
    18    31. Joint labor/management administration fund (394):
    19    a. Joint labor/management administration fund (01).
    20    32. Audit and control revolving fund (395):
    21    a. Executive direction internal audit account (04).
    22    33. Health insurance internal service fund (396):
    23    a. Health insurance internal service account (00).
    24    b. Civil service employee benefits div admin (01).
    25    34. Correctional industries revolving fund (397).
    26    35. Correctional facilities capital improvement fund (399).
    27    36. Industrial exhibit authority fund (450).
    28    37. Federal unemployment insurance administration fund (480):
    29    a. UI administration (01).
    30    38. Federal unemployment insurance occupational training fund (484):
    31    a. Federal unemployment insurance occupational training (00).
    32    b. Disaster relief grants (01).
    33    39. Federal employment and training grants (486):
    34    a. DOL workforce investment act (09).
    35    40. HCRA resources fund (061):
    36    a. EPIC premium account (J6).
    37    b. Maternal and child HIV services account (LC).
    38    c. Hospital based grants program account (AF).
    39    d. Child health plus program account (29).
    40    §  2.  The state comptroller is hereby authorized and directed to loan
    41  money in accordance with the provisions set forth in  subdivision  5  of
    42  section  4  of the state finance law to any account within the following
    43  federal funds, provided the comptroller has made  a  determination  that
    44  sufficient  federal grant award authority is available to reimburse such
    45  loans:
    46    1. Federal USDA-food and nutrition services fund (261).
    47    2. Federal health and human services fund (265).
    48    3. Federal education grants fund (267).
    49    4. Federal block grant fund (269).
    50    5. Federal operating grants fund (290).
    51    6. Federal capital projects fund (291).
    52    § 3. Notwithstanding any law to the contrary, and in  accordance  with
    53  section 4 of the state finance law, the comptroller is hereby authorized
    54  and directed to transfer, upon request of the director of the budget, on
    55  or  before March 31, 2007, up to the unencumbered balance or the follow-
    56  ing amounts:
        S. 6456                            86                            A. 9556

     1    Economic Development and Public Authorities:
     2    1.  $900,000  from  the miscellaneous special revenue fund (339), bell
     3  jar account (BJ), to the general fund.
     4    2. $400,000 from the general fund to the miscellaneous special revenue
     5  fund (339), regulation of racing account (16).
     6    3. $10,000 from the miscellaneous special revenue fund (339), electric
     7  generating intervenor account (02), to the general fund.
     8    4. $50,000 from the miscellaneous special revenue  fund  (339),  COCOT
     9  account (IA), to the general fund.
    10    5.  $155,000 from the miscellaneous special revenue fund (339), under-
    11  ground facilities safety training account (US), to the general fund.
    12    6. $48,269,000 from the  miscellaneous  special  revenue  fund  (339),
    13  business and licensing services account (AG), to the general fund.
    14    7. $13,510,000 from the miscellaneous special revenue fund (339), code
    15  enforcement account (07), to the general fund.
    16    Education:
    17    1.  $2,072,500,000  from  the  general  fund to the state lottery fund
    18  (160), education account (03), as reimbursement for  disbursements  made
    19  from  such  fund  for  supplemental aid to education pursuant to section
    20  92-c of the state finance law that are in excess of the amounts deposit-
    21  ed in such fund for such purposes pursuant to section 1612  of  the  tax
    22  law.
    23    2. $325,000,000 from the general fund to the state lottery fund (160),
    24  VLT education account (06), as reimbursement for disbursements made from
    25  such  fund for supplemental aid to education pursuant to section 92-c of
    26  the state finance law that are in excess of  the  amounts  deposited  in
    27  such fund for such purposes pursuant to section 1612 of the tax law.
    28    3. Moneys from the state lottery fund (160) VLT education account (06)
    29  up  to  an amount deposited in such fund pursuant to section 1612 of the
    30  tax law in excess of the current year appropriation for such purposes to
    31  the state lottery fund (160) education account (03) for supplemental aid
    32  to education pursuant to section 92-c of the state finance law.
    33    4. $300,000 from the local government records  management  improvement
    34  fund (052) to the archives partnership trust fund (024).
    35    5. $700,000 from the general fund to the miscellaneous special revenue
    36  fund (339), Batavia school for the blind account (D9).
    37    6. $600,000 from the general fund to the miscellaneous special revenue
    38  fund (339), Rome school for the deaf account (E6).
    39    7.  $1,500,000  from  the general fund for the private schools for the
    40  blind and deaf may be transferred to the department of health  miscella-
    41  neous  special  revenue  fund (339), quality assurance and audit revenue
    42  activities account (GB). Notwithstanding any other law,  rule  or  regu-
    43  lation  to  the  contrary,  funds shall be available for transfer to the
    44  department of health miscellaneous special revenue fund  (339),  quality
    45  assurance  and  audit revenue activities account (GB), upon the approval
    46  by the director of the budget of a staffing and expenditure plan  devel-
    47  oped  by  the department of health in consultation with the state educa-
    48  tion department.
    49    8. $35,000,000 from the state university dormitory income  fund  (330)
    50  to the state university residence hall rehabilitation fund (074).
    51    9.  $260,000,000 from the state university dormitory income fund (330)
    52  to the miscellaneous special revenue fund (339), state university dormi-
    53  tory income reimbursable account (47).
    54    10. $10,000,000 from the state university dormitory income fund  (330)
    55  to  the  state  university  income  fund (345), state university general
    56  income fund reimbursable account (10), for SUNY corporate purposes.
        S. 6456                            87                            A. 9556

     1    11. $4,000,000 from the general  fund  to  the  miscellaneous  special
     2  revenue  fund  (339), volunteer recruitment service scholarships account
     3  (VR).
     4    12.  $1,200,000  from  the  miscellaneous  special revenue fund (339),
     5  cultural education account (EN), to the general fund.
     6    13. $1,000,000 from the  miscellaneous  special  revenue  fund  (339),
     7  cultural  education  account  (EN), to the miscellaneous special revenue
     8  fund (339), summer school of the arts account (38).
     9    14. $100,000  from  the  miscellaneous  special  revenue  fund  (339),
    10  improvement  of  real  property  tax administration account (BZ), to the
    11  miscellaneous special revenue fund (339), indirect cost recovery account
    12  (AH).
    13    15. $32,000,000 from the state university  income  fund  (345),  state
    14  university general income fund reimbursable account (10), to the general
    15  fund.
    16    16.  $24,000,000  from  any  of the state education department special
    17  revenue and internal service funds to the miscellaneous special  revenue
    18  fund (339), indirect cost recovery account (AH).
    19    17.  $8,318,000  from  the general fund to the state university income
    20  fund (345), state university income offset account (11), for the state's
    21  share of repayment of the STIP loan.
    22    18. $20,000,000 from the miscellaneous  special  revenue  fund  (339),
    23  cultural  education  account (EN), to the miscellaneous capital projects
    24  fund (387), cultural education trust account.
    25    Environmental Affairs:
    26    1. $500,000 from the department of  transportation's  federal  capital
    27  projects  fund (291) to the office of parks and recreation federal oper-
    28  ating grants fund (290), miscellaneous operating grants account.
    29    2. $20,000 from the miscellaneous special revenue fund (339), seal  of
    30  quality  account  (67), to the miscellaneous special revenue fund (339),
    31  farm products inspection trust fund - williamson (65).
    32    3. $450,000 from the miscellaneous special revenue fund  (339),  motor
    33  fuel quality account (R4), to the general fund.
    34    4.  $12,000,000  from  the  environmental conservation special revenue
    35  fund (301), waste tire management and  recycling  account  (48)  to  the
    36  general fund.
    37    5.  $15,000,000  from the general fund to the hazardous waste remedial
    38  fund (312), hazardous waste remediation oversight and assistance account
    39  (00).
    40    6. $2,100,000 from the environmental conservation special revenue fund
    41  (301), environmental enforcement account (S5), to the general fund.
    42    7. $800,000 from the environmental conservation special  revenue  fund
    43  (301),  all terrain vehicle development and maintenance account (TV), to
    44  the general fund.
    45    8. $5,500,000 from the general fund to the state  park  infrastructure
    46  fund (076), state infrastructure account (01).
    47    9.  $10,000,000 from the environmental protection fund (078), environ-
    48  mental transfer account (01) to the general fund.
    49    10. $2,500,000 from the  miscellaneous  special  revenue  fund  (339),
    50  snowmobile account (41) to the general fund.
    51    Family Assistance:
    52    1. $10,000,000 from any of the office of children and family services,
    53  office  of  temporary and disability assistance, or department of health
    54  special revenue federal funds and the general fund, in  accordance  with
    55  agreements  with social services districts, to the miscellaneous special
        S. 6456                            88                            A. 9556

     1  revenue fund (339), office of human resources  development  state  match
     2  account (2C).
     3    2.  $3,000,000  from any of the office of children and family services
     4  or office of temporary and disability assistance special revenue federal
     5  funds to the miscellaneous special revenue fund (339), family  preserva-
     6  tion and support services and family violence services account (GC).
     7    3.  $16,000,000 from any of the office of children and family services
     8  or office of temporary and disability assistance special revenue federal
     9  funds and any other miscellaneous revenues generated from the  operation
    10  of  office of children and family services programs to the miscellaneous
    11  special revenue fund (339),  office  of  children  and  family  services
    12  program account (L4).
    13    4.  $12,000,000 from any of the office of children and family services
    14  special revenue federal  funds  to  the  general  fund  for  title  IV-E
    15  reimbursement of youth facility costs.
    16    5.  $30,000,000 from any of the office of children and family services
    17  or office of temporary and disability assistance special revenue federal
    18  funds and any other miscellaneous revenues generated from the  operation
    19  of  office of children and family services programs to the miscellaneous
    20  special revenue fund (339),  office  of  children  and  family  services
    21  income account (AR).
    22    6.  $10,000,000 from any of the office of children and family services
    23  or office of temporary and disability assistance special  revenue  funds
    24  or  the  general  fund  to the miscellaneous special revenue fund (339),
    25  connections account (WK).
    26    7. $26,000,000 from any of the  office  of  temporary  and  disability
    27  assistance  accounts  within  the federal health and human services fund
    28  (265) to the general fund.
    29    8. $6,300,000 from the federal health and human services fund (265) to
    30  the miscellaneous special revenue fund (339), ODD earned revenue account
    31  (AD).
    32    9. $6,800,000 from any of  the  office  of  temporary  and  disability
    33  assistance  accounts  within  the federal health and human services fund
    34  (265) to the miscellaneous special revenue fund  (339),  client  notices
    35  account (EG).
    36    10.  $88,532,000  from  any  of the office of temporary and disability
    37  assistance, department of  health  or  office  of  children  and  family
    38  services  special  revenue  federal  funds  to the miscellaneous special
    39  revenue fund (339), office of temporary and disability assistance income
    40  account (L7).
    41    11. $4,000,000 from the federal block grant fund (269) to the  miscel-
    42  laneous special revenue fund (339), home energy assistance earned reven-
    43  ue account (QA).
    44    12.  $7,500,000  from  any  of  the office of temporary and disability
    45  assistance or office of children and  family  services  special  revenue
    46  federal funds to the miscellaneous special revenue fund (339), office of
    47  temporary and disability assistance program account (AL).
    48    13.  $500,000  from  any  of  the  office  of temporary and disability
    49  assistance special revenue federal funds to  the  miscellaneous  special
    50  revenue fund (339), food stamp recovery account (D4).
    51    14.  $50,000,000  from  any  of  the  office  of  children  and family
    52  services, office of temporary and disability assistance,  department  of
    53  labor,  and  department  of  health special revenue federal funds to the
    54  office of children and family  services  miscellaneous  special  revenue
    55  fund (339), multi-agency training contract account (AY).
        S. 6456                            89                            A. 9556

     1    15.  $1,000,000  from  the  general  fund to the miscellaneous special
     2  revenue fund (339), food stamp reinvestment account (CB).
     3    16. $30,000,000 from the office of temporary and disability assistance
     4  federal  health  and  human  services  fund  (265)  to the miscellaneous
     5  special revenue fund (339),  child  support  incentive  revenue  account
     6  (AX).
     7    17. $6,300,000 from any of the office of children and family services,
     8  office  of temporary and disability assistance, department of labor, and
     9  department of health special revenue federal  funds  to  the  office  of
    10  temporary  and  disability assistance miscellaneous special revenue fund
    11  (339), multi-agency systems development account (XY).
    12    18. $2,350,000 from any of the  office  of  temporary  and  disability
    13  assistance  special revenue federal funds, in accordance with agreements
    14  with social services districts, to  the  miscellaneous  special  revenue
    15  fund  (339),  OTDA  office  of  human  resources development state match
    16  account (49).
    17    19. $9,200,000 from any of the  office  of  temporary  and  disability
    18  assistance  special  revenue federal funds, to the miscellaneous special
    19  revenue fund (339), OTDA training contract account (48).
    20    20. $500,000 from any  of  the  office  of  temporary  and  disability
    21  assistance and department of health special revenue federal funds to the
    22  miscellaneous  special  revenue  fund  (339),  welfare inspector general
    23  administrative reimbursement account (WW).
    24    21. $50,000 from the combined expendable trust fund (020)  DFY  recre-
    25  ation  and  welfare  account  (B4) to the combined expendable trust fund
    26  (020) youth gifts, grants and bequests account (A7).
    27    General Government:
    28    1. $125,000 from the miscellaneous special revenue fund  (339),  exam-
    29  ination and miscellaneous revenue account (ER) to the general fund.
    30    2. $12,500,000 from the general fund to the health insurance revolving
    31  fund (396).
    32    3.  $192,400,000 from the health insurance reserve receipts fund (167)
    33  to the general fund.
    34    4. $150,000 from the general fund to the not-for-profit revolving loan
    35  fund (055).
    36    5. $150,000 from the not-for-profit revolving loan fund (055)  to  the
    37  general fund.
    38    6.  $65,000,000  from  the  miscellaneous  special revenue fund (339),
    39  revenue arrearage account (CR), to the agencies  internal  service  fund
    40  (334), financial management system account.
    41    7. $150,000 from the miscellaneous special revenue fund (339), revenue
    42  average  account  (CR)  to the miscellaneous special revenue fund (339),
    43  public authority governance account (PA).
    44    8. $1,500,000 from  the  miscellaneous  special  revenue  fund  (339),
    45  revenue arrearage account (CR) to the miscellaneous special revenue fund
    46  (339), authority budget office account.
    47    9. $25,000,000 from the miscellaneous special revenue fund (339), real
    48  property disposition account (BP), to the general fund.
    49    10.  $2,000,000  from  the  miscellaneous  special revenue fund (339),
    50  surplus property account (DE), to the general fund.
    51    11. $19,779,000 from the general fund  to  the  miscellaneous  special
    52  revenue fund (339), alcoholic beverage control account (DB).
    53    12.  $1,300,000  from  the  general  fund to the miscellaneous special
    54  revenue fund (339), inspector general operations account (11).
    55    13. $2,000,000 from the  miscellaneous  special  revenue  fund  (339),
    56  federal liability account (FL), to the general fund.
        S. 6456                            90                            A. 9556

     1    14. $13,000,000 from the centralized services fund (323), COPS account
     2  (19),  to  the  general  debt  service  fund  (311),  debt service lease
     3  payments account (01).
     4    15.  $600,000  from  the  miscellaneous  internal  service fund (334),
     5  entrepreneurial  technology  account  (21),  to  the  agencies  internal
     6  service fund (334), financial management systems account.
     7    16.  $1,000,000  from  the  miscellaneous  special revenue fund (339),
     8  parking services account (BQ), to the general debt service  fund  (311),
     9  general debt services account (01).
    10    17. $300,000 from the miscellaneous special revenue fund (339), public
    11  employment relations account (93), to the general fund.
    12    Health:
    13    1. $1,500,000 from any of the department of health accounts within the
    14  federal health and human services fund (265) to the department of health
    15  miscellaneous  special  revenue  fund (339), quality assurance and audit
    16  revenue activities account (GB).
    17    2. $139,000,000 from any of the department of health  accounts  within
    18  the  federal  health  and human services fund (265) to the miscellaneous
    19  special revenue fund (339), quality of care account (20).
    20    3. $30,000,000 from the  miscellaneous  special  revenue  fund  (339),
    21  quality of care account (20), to the general fund.
    22    4. $3,200,000 from the miscellaneous special revenue fund (339), vital
    23  records management account (JA), to the general fund.
    24    5.  $1,000,000  from  the  miscellaneous  special  revenue fund (339),
    25  triple prescription forms account (H5), to the general fund.
    26    6. $1,000,000 from the general fund to the combined gifts, grants  and
    27  bequests  fund (020), breast cancer research and education account (BD),
    28  an amount equal to the monies collected and deposited into that  account
    29  in the previous fiscal year.
    30    7. $2,464,000 from any of the department of health accounts within the
    31  federal health and human services fund (265) to the department of health
    32  miscellaneous   special  revenue  fund  (339),  statewide  planning  and
    33  research cooperation system (SPARCS) program account (03).
    34    8. $150,000 from the general fund to the combined  gifts,  grants  and
    35  bequests  fund (020), prostate cancer research, detection, and education
    36  account (PR), an amount equal to the moneys collected and deposited into
    37  that account in the previous fiscal year.
    38    9. $500,000 from the general fund to the combined  gifts,  grants  and
    39  bequests fund (020), Alzheimer's disease research and assistance account
    40  (AA),  an  amount  equal to the moneys collected and deposited into that
    41  account in the previous fiscal year.
    42    Labor:
    43    1. $638,000 from the labor  standards  miscellaneous  special  revenue
    44  fund  (339),  fee  and  penalty  account  (30),  to  the child performer
    45  protection fund (025), child performer protection account (CP).
    46    2. $3,000,000 from the miscellaneous special revenue fund  (339),  fee
    47  and penalty account (30), to the unemployment insurance (480), unemploy-
    48  ment insurance administration account (01).
    49    3.  $3,000,000 from the training and education program on occupational
    50  safety and health fund (305), training and education  account  (01),  to
    51  the  unemployment  insurance  administration  fund  (480),  unemployment
    52  insurance administration account (01).
    53    Mental Hygiene:
    54    1. $3,700,000 from  the  miscellaneous  special  revenue  fund  (339),
    55  mental hygiene patient income account (13), to the miscellaneous special
        S. 6456                            91                            A. 9556

     1  revenue fund (339), commission on quality of care federal salary sharing
     2  account (EC).
     3    2.  $10,000,000  from  the  miscellaneous  special revenue fund (339),
     4  mental hygiene patient income account (13), to the miscellaneous special
     5  revenue fund (339), office of alcoholism and  substance  abuse  services
     6  federal salary sharing account (EC).
     7    3.  $75,000,000  from  the  miscellaneous  special revenue fund (339),
     8  mental hygiene patient income account (13) to the miscellaneous  special
     9  revenue fund (339), provider of service account (05).
    10    4.  $25,000,000  from  the  general  fund to the miscellaneous special
    11  revenue fund (339), provider of service account (05).
    12    Public Protection:
    13    1. $3,300,000 from the  general  fund  to  the  miscellaneous  special
    14  revenue fund (339), recruitment incentive account (U2).
    15    2.  $14,000,000  from  the general fund to the correctional industries
    16  revolving fund (397), correctional industries internal  service  account
    17  (00).
    18    3.  $27,800,000  from  the  miscellaneous  special revenue fund (339),
    19  statewide public safety communications account (LZ),  to  the  miscella-
    20  neous special revenue fund (339), seized assets account (E8).
    21    4.  $1,500,000  from  the  miscellaneous  special  revenue fund (339),
    22  statewide public safety communications account  (LZ),  to  the  combined
    23  gifts, grants and bequests fund (020), New York state emergency services
    24  revolving loan account (AU).
    25    5.  $10,000,000  from  the  miscellaneous  special revenue fund (339),
    26  statewide public safety communications account (LZ),  to  the  miscella-
    27  neous special revenue fund (339), local wireless public safety answering
    28  point account (LW).
    29    6.  $21,000,000  from  the  miscellaneous  special revenue fund (339),
    30  statewide public safety communications account (LZ), to the general debt
    31  service fund (311), revenue bond tax account (02).
    32    7. $10,000,000 from federal miscellaneous operating grants fund (290),
    33  DMNA damage account (71), to the general fund.
    34    8. $2,200,000 from the miscellaneous special revenue fund (339), fing-
    35  erprint identification and technology account (68), to the general fund.
    36    9. $5,000,000 from the  general  fund  to  the  miscellaneous  special
    37  revenue fund (339), crimes against revenue program account (CA).
    38    10.  $11,500,000  from the federal miscellaneous operating grants fund
    39  (290), world trade center account, to the general fund.
    40    11. $2,000,000 from the general fund  to  the  attica  state  employee
    41  victims' fund (013).
    42    12.  $200,000  from  the miscellaneous special revenue fund (339) cell
    43  tower revenue account (CT) to the general fund.
    44    13. $20,000,000 from any department of criminal  justice  services  or
    45  homeland  security  accounts  within the federal miscellaneous operating
    46  grants fund (290), receiving money through the homeland security  grants
    47  program, to the general fund.
    48    Transportation:
    49    1.  $4,300,000  from  the  federal miscellaneous operating grants fund
    50  (290) to the special revenue  fund  (339),  tri-state  federal  regional
    51  planning account (17).
    52    2.  $16,500,000  from  the  federal capital projects fund (291) to the
    53  special revenue fund (339), tri-state federal regional planning  account
    54  (17).
    55    3.  $12,300,000  from  the  miscellaneous  special revenue fund (339),
    56  compulsory insurance account (H7), to the general fund.
        S. 6456                            92                            A. 9556

     1    4. $25,400,000 from the suburban transportation fund (327) to the mass
     2  transportation operating assistance fund (313), additional  mass  trans-
     3  portation fund account (06).
     4    Miscellaneous:
     5    1.  $75,000,000 from the general fund to any funds or accounts for the
     6  purpose of reimbursing certain outstanding accounts receivable balances.
     7    2. $250,000,000 from the general fund to the  debt  reduction  reserve
     8  fund (064).
     9    §  4.  Notwithstanding any law to the contrary, and in accordance with
    10  section 4 of the state finance law, the comptroller is hereby authorized
    11  and directed to transfer, on or before March 31, 2007:
    12    1. upon request of the commissioner of environmental conservation,  up
    13  to  $10,171,600 from revenues credited to any of the department of envi-
    14  ronmental conservation special revenue funds, including $2,952,100  from
    15  the  environmental protection and oil spill compensation fund (303), and
    16  $1,709,900 from  the  conservation  fund  (302),  to  the  environmental
    17  conservation special revenue fund (301), indirect charges account (BJ).
    18    2.  upon request of the commissioner of agriculture and markets, up to
    19  $1,000,000 from any special revenue fund or enterprise fund  within  the
    20  department  of  agriculture  and  markets  to  the miscellaneous special
    21  revenue fund (339) administrative  costs  account,  to  pay  appropriate
    22  administrative expenses.
    23    3.  upon request of the commissioner of agriculture and markets, up to
    24  $3,000,000 from the state exposition  special  fund  (325),  state  fair
    25  receipts  account  (01), or the industrial exhibit authority fund (450),
    26  industrial exhibit authority account (01), to the miscellaneous  capital
    27  projects fund (387), state fair capital improvement account (13).
    28    4.  upon  request  of  the commissioner of the division of housing and
    29  community renewal, up to $2,911,000 from revenues credited to any  divi-
    30  sion of housing and community renewal miscellaneous special revenue fund
    31  (339) to the agency cost recovery account (HI).
    32    5.  upon  request of the commissioner of health up to $15,000,000 from
    33  revenues credited to any of the department of health's  special  revenue
    34  funds,  to  the miscellaneous special revenue fund (339), administration
    35  account (AP).
    36    § 5. Notwithstanding any law to the  contrary,  the  state  university
    37  chancellor  or his designee is authorized and directed to transfer esti-
    38  mated tuition revenue balances from the state university collection fund
    39  (344) to the state  university  fund  (345),  state  university  revenue
    40  offset account (12) on March 29, 2007.
    41    §  6.  Notwithstanding any law to the contrary, and in accordance with
    42  section 4 of the state finance law, the comptroller is hereby authorized
    43  and directed to transfer, upon request of the state university  chancel-
    44  lor  or his designee, up to $12,000,000 from the state university income
    45  fund (345), state university hospitals income reimbursable account  (22)
    46  under hospital income reimbursable for services and expenses of hospital
    47  operations  and  capital expenditures at the state university hospitals,
    48  and the state university income fund (345) Long  Island  veterans'  home
    49  account  (09)  to the state university capital projects fund (384) on or
    50  before June 30, 2007.
    51    § 7. Notwithstanding any law to the contrary, and in  accordance  with
    52  section 4 of the state finance law, the comptroller is hereby authorized
    53  and directed to transfer, upon request of the director of the budget, up
    54  to  $139,500,000  from  the  general fund to the state university income
    55  fund (345), state university hospitals income reimbursable account  (22)
    56  during  the period July 1, 2006 through June 30, 2007 to reflect ongoing
        S. 6456                            93                            A. 9556

     1  state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
     2  SUNY hospitals' state agency status.
     3    §  8.  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 on or before March 31, 2007.
    27    § 9. On or before March 31, 2007, the comptroller is hereby authorized
    28  and  directed  to  deposit  earnings  that would otherwise accrue to the
    29  general fund that are attributable to the operation of section  98-a  of
    30  the  state  finance  law,  to  the agencies internal service fund (334),
    31  banking services  account  (12),  for  the  purpose  of  meeting  direct
    32  payments from such account.
    33    §  10.  The  comptroller  is authorized and directed to deposit to the
    34  general fund - state purposes account reimbursements from moneys  appro-
    35  priated   or  reappropriated  to  the  correctional  facilities  capital
    36  improvement fund (399) by a chapter of the laws of 2006.  Reimbursements
    37  shall  be available for spending from appropriations made to the depart-
    38  ment of correctional services in  the  general  fund  -  state  purposes
    39  account  by  a chapter of the laws of 2006 for costs associated with the
    40  administration and security of capital  projects  and  for  other  costs
    41  which are attributable, according to a plan, to such capital projects.
    42    §  11.  Subdivision  5  of section 97-rrr of the state finance law, as
    43  added by section 9 of part Y of chapter 61  of  the  laws  of  2005,  is
    44  amended to read as follows:
    45    5. Notwithstanding the provisions of section one hundred seventy-one-a
    46  of  the  tax law, as separately amended by chapters four hundred eighty-
    47  one and four hundred eighty-four of the laws of nineteen hundred  eight-
    48  y-one, or any other provisions of law to the contrary, during [the] each
    49  fiscal  year [beginning April first, two thousand five], the state comp-
    50  troller is hereby authorized and directed to deposit to the fund created
    51  pursuant to this section, from amounts  collected  pursuant  to  article
    52  twenty-two  of  the  tax  law  [and],  the amounts necessary to meet the
    53  purposes of such fund for  each  fiscal  year  pursuant  to  a  schedule
    54  submitted  by  the director of the budget[, up to $3,222,000,000, as may
    55  be certified in such schedule as necessary to meet the purposes of  such
    56  fund for the fiscal year beginning April first, two thousand five].
        S. 6456                            94                            A. 9556

     1    §  12. Subdivision 6 of section 4 of the state finance law, as amended
     2  by section 6 of part II of chapter 59 of the laws of 2004, is amended to
     3  read as follows:
     4    6.  Notwithstanding  any  law to the contrary, at the beginning of the
     5  state fiscal year,  the  state  comptroller  is  hereby  authorized  and
     6  directed  to  receive  for  deposit  to  the  credit of a fund and/or an
     7  account such monies as are identified by the director of the  budget  as
     8  having been intended for such deposit to support disbursements from such
     9  fund  and/or  account  made  in pursuance of an appropriation by law. As
    10  soon as practicable upon enactment of the budget, the  director  of  the
    11  budget  shall,  but  not  less  than  three  days  following preliminary
    12  submission to the [chairs] chairpersons of the senate finance  committee
    13  and  the  assembly  ways  and means committee, file with the state comp-
    14  troller an identification of specific monies to  be  so  deposited.  Any
    15  subsequent change regarding the monies to be so deposited shall be filed
    16  by the director of the budget, as soon as practicable, but not less than
    17  three days following preliminary submission to the [chairs] chairpersons
    18  of  the senate finance committee and the assembly ways and means commit-
    19  tee.
    20    All monies identified by the director of the budget to be deposited to
    21  the credit of a fund and/or account shall be consistent with the  intent
    22  of  the  budget for the then current state fiscal year as enacted by the
    23  legislature.
    24    [The provisions of this subdivision  shall  expire  on  March  thirty-
    25  first, two thousand six.]
    26    § 13. Subdivision 4 of section 40 of the state finance law, as amended
    27  by section 7 of part II of chapter 59 of the laws of 2004, is amended to
    28  read as follows:
    29    4.  Every appropriation made from a fund or account to a department or
    30  agency shall be available for the payment of prior years' liabilities in
    31  such fund or account for fringe benefits, indirect costs, and telecommu-
    32  nications expenses and expenses  for  other  centralized  services  fund
    33  programs  without limit. Every appropriation shall also be available for
    34  the payment of prior  years'  liabilities  other  than  those  indicated
    35  above,  but  only  to the extent of one-half of one percent of the total
    36  amount appropriated to a department or agency in such fund or account.
    37    [The provisions of this subdivision shall expire  March  thirty-first,
    38  two thousand six.]
    39    §  14. Notwithstanding any law to the contrary, appropriations related
    40  to the collection and processing of civil fingerprints, or to the deter-
    41  mination of eligibility for employment as a result of a criminal history
    42  check may be interchanged to any other appropriation, without limit, for
    43  the purpose of implementing a consolidated statewide system serving  the
    44  same purpose.
    45    §  15.  (1)  Pursuant  to  various chapters of the laws of 2006 making
    46  appropriations for capital projects, such appropriations shall be deemed
    47  to provide all costs necessary and pertinent to accomplish the intent of
    48  the appropriation, including apportionments to departments, agencies, or
    49  corporations for the purposes  of  the  specific  appropriation  or  for
    50  payment  to  the  construction  management  account  of  the centralized
    51  services fund of the New York state office of general services  for  the
    52  preparation  and  review  of plans, specifications, estimates, services,
    53  construction   management   and   supervision,   inspection,    studies,
    54  appraisals,  surveys,  testing, and environmental statements relating to
    55  existing or proposed facilities.
        S. 6456                            95                            A. 9556

     1    Appropriations from the capital projects fund, the city university  of
     2  New  York  capital projects fund, the mental hygiene capital improvement
     3  fund, the department of health facilities capital improvement fund,  the
     4  correctional  facilities  capital improvement fund, the youth facilities
     5  improvement fund, the housing assistance fund, the housing program fund,
     6  the  engineering  services  fund, the dedicated highway and bridge trust
     7  fund, the suburban transportation fund, the  state  park  infrastructure
     8  fund, the passenger facility charge fund, the state university residence
     9  hall  rehabilitation  fund,  the state university capital projects fund,
    10  the New York state canal system development fund, the financial security
    11  fund, the natural resources damages fund, the federal  capital  projects
    12  fund,  the regional aviation fund, and the hazardous waste remedial fund
    13  are appropriated in accordance with the provisions of section 93 of  the
    14  state  finance  law.    Moneys appropriated from each such fund type for
    15  capital construction projects (CCPs), for agency purposes  within  CCPs,
    16  and  for  projects  sharing  the same agency purpose within a CCP may be
    17  transferred among projects within a CCP in  accordance  with  paragraphs
    18  (a)  through (g) of subdivision 4 of section 93 of the state finance law
    19  and may be transferred among purposes within a CCP subject to the  limi-
    20  tations  of  paragraph  (e)  of subdivision 4 of section 93 of the state
    21  finance law.
    22    Notwithstanding the provisions of any  general  or  special  law,  the
    23  provisions  of paragraphs (a) through (g) of subdivision 4 of section 93
    24  of the state finance law which relate to the transfer of a portion of  a
    25  capital appropriation to another capital appropriation shall be applica-
    26  ble to appropriations from each fund.
    27    (2)  The  following funds are eligible to be reimbursed from miscella-
    28  neous receipts or the proceeds of notes or bonds sold by public authori-
    29  ties, as specified in this subdivision:
    30    (a) the health facilities capital improvement fund, from the  proceeds
    31  of  the  sale  of  notes or bonds issued by the New York state dormitory
    32  authority;
    33    (b) the dedicated highway and bridge trust  fund,  from  miscellaneous
    34  receipts,  reimbursement for administrative costs of mailing services or
    35  the proceeds of the sale of notes or bonds issued by the New York  state
    36  thruway authority;
    37    (c) the youth facilities improvement fund and the correctional facili-
    38  ties capital improvement fund, from the proceeds of the sale of notes or
    39  bonds issued by the New York state urban development corporation;
    40    (d) the housing assistance fund and the housing program fund, from the
    41  proceeds  of  the  sale  of notes or bonds issued by the housing finance
    42  agency;
    43    (e) the mental  hygiene  capital  facilities  improvement  fund,  from
    44  miscellaneous  receipts  or  the  proceeds of the sale of notes or bonds
    45  issued by the New York state dormitory authority  as  successor  to  the
    46  medical  care  facilities financing agency pursuant to chapter 83 of the
    47  laws of 1995;
    48    (f) the environmental protection fund, from miscellaneous receipts  or
    49  the  proceeds of the sale of notes or bonds issued by the New York state
    50  environmental facilities corporation. The comptroller shall receive such
    51  reimbursements for deposit in the funds so specified;
    52    (g) the hazardous waste remedial fund, from miscellaneous receipts  or
    53  the  proceeds of the sale of notes or bonds issued by the New York state
    54  environmental facilities corporation; and
        S. 6456                            96                            A. 9556

     1    (h) the state university  residence  hall  rehabilitation  fund,  from
     2  miscellaneous  receipts  or  the  proceeds of the sale of notes or bonds
     3  issued by the dormitory authority.
     4    (3)  The  comptroller  is  hereby  authorized  and directed to deposit
     5  moneys received, as specified below:
     6    (a) the engineering services fund shall  receive  reimbursements  from
     7  various capital appropriations;
     8    (b)  the  financial  security  fund  shall receive moneys recovered in
     9  accordance with various required  financial  security  arrangements  for
    10  environmental projects;
    11    (c)  the natural resources damages fund shall receive moneys recovered
    12  from successful natural resource damage claims and related settlements;
    13    (d) the regional aviation fund shall receive moneys from the lease  of
    14  Stewart  airport,  including  any payments due to the state from related
    15  settlements or agreements; and
    16    (e) the miscellaneous capital projects fund state police account shall
    17  receive moneys from the sale of surplus state police facilities.
    18    (4) The comptroller shall certify monthly,  to  the  director  of  the
    19  budget  and the chairs of the senate finance and assembly ways and means
    20  committees, the total disbursements  from  the  correctional  facilities
    21  capital  improvement  fund  (399),  the  department of health facilities
    22  capital improvement fund (071), the housing assistance fund  (374),  the
    23  youth facilities improvement fund (357), the housing program fund (376),
    24  and  the  mental  hygiene  capital  improvement  fund  (389),  the total
    25  reimbursements to such funds from  bond  proceeds,  and  the  amount  of
    26  disbursements  from  such  funds  remaining  to  be  financed  with bond
    27  proceeds. Once a year, as soon as practicable after March 31, the  comp-
    28  troller  shall  certify, to the director of the budget and the chairs of
    29  the senate finance and assembly  ways  and  means  committees,  for  the
    30  fiscal year just ended, total disbursements from the correctional facil-
    31  ities  capital  improvement  fund,  the  department of health facilities
    32  capital improvement fund, the youth  facilities  improvement  fund,  the
    33  housing  assistance  fund,  the  housing  program  fund,  and the mental
    34  hygiene capital improvement fund any amounts transferred from the  capi-
    35  tal projects fund to such funds for nonbondable disbursements, the total
    36  reimbursements  to  such  funds  from  bond  proceeds, and the amount of
    37  disbursements from  such  funds  remaining  to  be  financed  with  bond
    38  proceeds.
    39    (5)  The  dormitory authority of the state of New York and the depart-
    40  ment of health shall report quarterly to the director of the budget  the
    41  amounts  expended from appropriations in the capital projects fund which
    42  are eligible for reimbursement from the proceeds of the bonds. The hous-
    43  ing finance agency, in conjunction with the  affordable  housing  corpo-
    44  ration, the homeless housing assistance corporation and the commissioner
    45  of  the  office  of temporary and disability assistance, and the housing
    46  trust fund corporation shall report quarterly to  the  director  of  the
    47  budget  on  the  amounts  disbursed  from  appropriations in the housing
    48  program fund and the housing assistance  fund  which  are  eligible  for
    49  repayment from the proceeds of the bonds. The dormitory authority of the
    50  state  of  New  York,  as successor to the facilities development corpo-
    51  ration pursuant to chapter 83 of the laws of 1995,  and  the  office  of
    52  mental  health, the office of mental retardation and developmental disa-
    53  bilities, and the office of  alcoholism  and  substance  abuse  services
    54  shall  report  quarterly  to  the  director of the budget on the amounts
    55  disbursed from appropriations in the mental hygiene capital  improvement
    56  fund  which  are  eligible  for  reimbursement  from the proceeds of the
        S. 6456                            97                            A. 9556

     1  bonds. Such reports shall be submitted to the director of the budget  no
     2  later  than  July 30, October 31, January 30, and April 30 of each state
     3  fiscal year. The director of the budget shall review these  reports  and
     4  then  certify  to  the comptroller amounts expended from these appropri-
     5  ations which are reimbursable from bond proceeds. Until such time as the
     6  director of the budget determines that the amounts disbursed  from  such
     7  funds  are  not  reimbursable from bond proceeds, all such disbursements
     8  shall be considered to be reimbursable from bond proceeds.    Upon  such
     9  certifications  for  the  housing  assistance  fund, the housing program
    10  fund, and the mental hygiene capital improvement fund,  the  comptroller
    11  is  hereby authorized to transfer from the capital projects fund, pursu-
    12  ant to an appropriation, an amount equal to the amount of  disbursements
    13  from  these  appropriations  which  have not been certified as repayable
    14  from bond proceeds.
    15    § 16. Notwithstanding any law, rule or  regulation  to  the  contrary,
    16  effective  April  1, 2006 and thereafter, the director of the budget, or
    17  his or her designee, shall provide monthly reports to  the  state  comp-
    18  troller  on disbursements which are not currently reflected in the state
    19  central accounting system from proceeds of any notes or bonds issued  by
    20  any  public  authority,  and which bonds or notes would be considered as
    21  state-supported debt as defined in section 67-a  of  the  state  finance
    22  law.  Such  reported  disbursements  shall  be included in cash spending
    23  totals for all applicable cash-basis of accounting reports issued by the
    24  state comptroller.
    25    § 17. 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 for a capital appropriation for  $22,404,000  authorized  by
    30  chapter  55  of  the  laws  of  1999  to the department of environmental
    31  conservation for payment of a portion of the state's match  for  federal
    32  capitalization  grants  for  the  water pollution control revolving loan
    33  fund,  reimbursements  for  spending  from  various  appropriations  for
    34  projects  related to the New York city watershed, reimbursement from the
    35  proceeds of notes and  bonds  issued  by  the  environmental  facilities
    36  corporation  for  a  capital appropriation for $22,500,000 authorized by
    37  chapter 55 of the laws of 1999 to the  environmental  facilities  corpo-
    38  ration  for payment for the jobs two thousand pipeline for jobs program,
    39  reimbursement from the proceeds of notes and bonds issued by the  dormi-
    40  tory  authority of the state of New York for a capital appropriation for
    41  $47,500,000 authorized by chapter 55 of the laws of 1999 to  the  office
    42  of  science,  technology  and academic research for payment for the jobs
    43  two thousand capital facilities program, reimbursement from the proceeds
    44  of notes and bonds issued by the dormitory authority of the state of New
    45  York for a capital appropriation for $145,000,000 authorized by  chapter
    46  53  of the laws of 1999 to the state education department for payment of
    47  capital construction grants to school districts pursuant to the rebuild-
    48  ing schools to uphold education  program,  and  reimbursement  from  the
    49  proceeds  of notes and bonds issued by the urban development corporation
    50  for a capital appropriation for $25,000,000 authorized by chapter 55  of
    51  the  laws  of 1999 to all state agencies for payment of costs related to
    52  economic development, land acquisition, and heritage trail projects.
    53    § 18. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    54  contrary,  the comptroller is hereby authorized and directed to deposit,
    55  to the credit of the  capital  projects  fund,  reimbursement  from  the
    56  proceeds of notes or bonds issued by the environmental facilities corpo-
        S. 6456                            98                            A. 9556

     1  ration for a capital appropriation for $43,383,000 authorized by chapter
     2  55  of  the laws of 2000 to the department of environmental conservation
     3  for payment of a portion of the state's match for federal capitalization
     4  grants for the water pollution control revolving loan fund, to reimburse
     5  spending from various appropriations for certain projects related to the
     6  New  York  city  watershed, reimbursement from the proceeds of notes and
     7  bonds issued by the urban development corporation for capital  appropri-
     8  ation  for  $15,000,000  authorized by chapter 55 of the laws of 2000 to
     9  the urban development corporation for payment  of  costs  related  to  a
    10  sports  facility  in  the  city  of  Rochester,  reimbursement  from the
    11  proceeds of notes and bonds issued by the urban development  corporation
    12  of  the  state  of  New York for a capital appropriation for $50,000,000
    13  authorized by chapter 55 of the laws of 2000 to  the  urban  development
    14  corporation  for  payment  of  costs  related  to  economic  development
    15  projects in the downtown Buffalo, the  Buffalo  inner  harbor  area,  or
    16  surrounding  environs,  reimbursement  from  proceeds of notes and bonds
    17  issued by the urban development corporation, the  environmental  facili-
    18  ties corporation, the dormitory authority of the state of New York for a
    19  capital  appropriation  for $225,000,000 authorized by chapter 55 of the
    20  laws of 2000 to all state agencies for payment of costs related  to  the
    21  strategic  investment  program, reimbursement from the proceeds of notes
    22  and bonds issued by the dormitory authority of the state of New York for
    23  a capital appropriation for $50,000,000 authorized by chapter 53 of  the
    24  laws  of  2000  to the state education department for payment of capital
    25  construction grants to  school  districts  pursuant  to  the  rebuilding
    26  schools to uphold education program, for reimbursement from the proceeds
    27  of notes and bonds issued by the dormitory authority of the state of New
    28  York  for  a capital appropriation for $15,000,000 authorized by chapter
    29  53 of the laws of 2000 to the office of children and family services for
    30  payment of costs  related  to  the  child  care  facilities  development
    31  program,  and  for  reimbursement  from  the proceeds of notes and bonds
    32  issued by the dormitory authority of the state of New York for a capital
    33  appropriation for $10,000,000 authorized by chapter 55 of  the  laws  of
    34  2000  to  the  office  of  science, technology and academic research for
    35  payment of costs related to  biomedical  research  and/or  manufacturing
    36  facilities.
    37    §  19.  Notwithstanding  any  other  law,  rule,  or regulation to the
    38  contrary, the comptroller is hereby authorized and directed  to  deposit
    39  to  the  credit  of  the  capital  projects fund, reimbursement from the
    40  proceeds of notes or bonds issued by the environmental facilities corpo-
    41  ration for a capital appropriation for $29,772,000 authorized by chapter
    42  54 of the laws of 2001 to the department of  environmental  conservation
    43  for payment of a portion of the state's match for federal capitalization
    44  grants for the water pollution control revolving loan fund.
    45    §  20.  Notwithstanding  any  other  law,  rule,  or regulation to the
    46  contrary, the comptroller is hereby authorized and directed to  deposit,
    47  to  the  credit  of  the  capital  projects fund, reimbursement from the
    48  proceeds of notes or bonds issued by the environmental facilities corpo-
    49  ration for a capital appropriation for $29,365,000 authorized by chapter
    50  54 of the laws of 2002 to the department of  environmental  conservation
    51  for payment of a portion of the state's match for federal capitalization
    52  grants  for  the water pollution control revolving loan fund, reimburse-
    53  ment from the proceeds of notes and bonds issued by the  urban  develop-
    54  ment  corporation  or other financing source for a capital appropriation
    55  for $89,000,000 authorized by chapter 50 of the  laws  of  2002  to  the
    56  office of general services for payment of capital construction costs for
        S. 6456                            99                            A. 9556

     1  the  Alfred  E.  Smith  office  building  located in the city of Albany,
     2  reimbursement from the proceeds of notes and bonds issued by  the  urban
     3  development  corporation or other financing source for capital appropri-
     4  ations  for  $1,500,000  authorized by chapter 50 of the laws of 2002 to
     5  the office of general services for payment of capital construction costs
     6  for the Elk street parking garage building located in the city of  Alba-
     7  ny,  reimbursement  from  the  proceeds  of notes or bonds issued by the
     8  urban development corporation for disbursements  of  up  to  $12,000,000
     9  from  any capital appropriation or reappropriation authorized by chapter
    10  50 of the laws of 2002 to the office of  general  services  for  various
    11  purposes,  reimbursement  from  the proceeds of notes or bonds issued by
    12  the environmental facilities corporation for a capital appropriation  of
    13  $13,250,000  authorized  by chapter 55 of the laws of 2002 to the energy
    14  research and development authority for  the  Western  New  York  Nuclear
    15  Service  Center at West Valley, reimbursement from the proceeds of notes
    16  or bonds issued by the  urban  development  corporation  for  a  capital
    17  appropriation  of  $14,300,000  authorized  by chapter 55 of the laws of
    18  2002 to the urban development corporation to finance a  portion  of  the
    19  jobs  now  program,  reimbursement  from  the proceeds of notes or bonds
    20  issued by the dormitory authority for disbursements of up to $20,800,000
    21  from any capital appropriation or reappropriation authorized by  chapter
    22  51  of  the  laws  of 2002 to the judiciary for courthouse improvements,
    23  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    24  development  corporation  for  disbursements  of  up to $15,000,000 from
    25  appropriations or reappropriations authorized by chapter 50 of the  laws
    26  of  2002  to  any  agency  for  costs  related to homeland security, and
    27  reimbursement from the proceeds of notes or bonds issued by the environ-
    28  mental facilities corporation for a capital appropriation of $10,000,000
    29  authorized by chapter 54 of the laws of 2002 to the department of  envi-
    30  ronmental conservation for Onondaga lake.
    31    §  21.  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 for a capital appropriation for $30,174,000 authorized by chapter
    36  55 of the laws of 2003 to the department of  environmental  conservation
    37  for payment of a portion of the state's match for federal capitalization
    38  grants  for  the water pollution control revolving loan fund, reimburse-
    39  ment from the proceeds of notes or bonds issued by the urban development
    40  corporation or other financing source for  a  capital  appropriation  of
    41  $19,500,000  authorized  by chapter 50 of the laws of 2003 to the office
    42  of general services for payment of capital construction  costs  for  the
    43  Elk  street  parking  garage  building  located  in  the city of Albany,
    44  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    45  development  corporation for disbursements of up to $10,000,000 from any
    46  capital appropriation or reappropriation authorized by chapter 50 of the
    47  laws of 2003 to the office of general  services  for  various  purposes,
    48  reimbursement from the proceeds of notes or bonds issued by the environ-
    49  mental facilities corporation for a capital appropriation of $13,250,000
    50  authorized  by chapter 55 of the laws of 2003 to the energy research and
    51  development authority for the Western New York Nuclear Service Center at
    52  West Valley, reimbursement from the proceeds of notes or bonds issued by
    53  the dormitory authority for disbursements of up to $16,400,000 from  any
    54  capital appropriation or reappropriation authorized by chapter 51 of the
    55  laws of 2003 to the judiciary for courthouse improvements, reimbursement
    56  from  the  proceeds  of  notes  or bonds issued by the urban development
        S. 6456                            100                           A. 9556

     1  corporation for disbursements of up to $10,000,000  from  appropriations
     2  or  reappropriations authorized by chapter 50 of the laws of 2003 to any
     3  agency for costs related to homeland security,  reimbursement  from  the
     4  proceeds of notes or bonds issued by the environmental facilities corpo-
     5  ration  for a capital appropriation of $10,000,000 authorized by chapter
     6  55 of the laws of 2003 to the department of  environmental  conservation
     7  for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
     8  issued by the environmental facilities corporation for disbursements  of
     9  up  to  $11,000,000  from any capital appropriations or reappropriations
    10  authorized by chapter 55 of the laws of 2003 to the department of  envi-
    11  ronmental  conservation  for  environmental  purposes, and reimbursement
    12  from the proceeds of notes or bonds issued by  the  dormitory  authority
    13  for  disbursements  of  up  to $100,000,000 from a capital appropriation
    14  authorized by chapter 50 of the laws of 2003 to the department of  state
    15  for enhanced 911 wireless service.
    16    §  22.  Notwithstanding  any  other  law,  rule,  or regulation to the
    17  contrary, the comptroller is hereby authorized and directed  to  deposit
    18  to  the  credit  of  the  capital  projects fund, reimbursement from the
    19  proceeds of notes or bonds issued by the environmental facilities corpo-
    20  ration for a capital appropriation for $28,893,000 authorized by chapter
    21  55 of the laws of 2004 to the department of  environmental  conservation
    22  for payment of a portion of the state's match for federal capitalization
    23  grants  for  the water pollution control revolving loan fund, reimburse-
    24  ment from the proceeds of notes or bonds issued  by  reimbursement  from
    25  the  proceeds  of  notes or bonds issued by the urban development corpo-
    26  ration for disbursements of up to $10,000,000 from any capital appropri-
    27  ation or reappropriation authorized by chapter 50 of the laws of 2004 to
    28  the office of general services for various purposes, reimbursement  from
    29  the  proceeds  of  notes or bonds issued by the environmental facilities
    30  corporation for a capital appropriation  of  $11,350,000  authorized  by
    31  chapter  55  of  the laws of 2004 to the energy research and development
    32  authority for the Western  New  York  Nuclear  Service  Center  at  West
    33  Valley,  reimbursement from the proceeds of notes or bonds issued by the
    34  environmental facilities corporation  for  a  capital  appropriation  of
    35  $10,000,000  authorized by chapter 55 of the laws of 2004 to the depart-
    36  ment of environmental conservation for Onondaga lake, reimbursement from
    37  the proceeds of notes or bonds issued by  the  environmental  facilities
    38  corporation  for  disbursements  of  up  to $11,000,000 from any capital
    39  appropriations or reappropriations authorized by chapter 55 of the  laws
    40  of  2004  to  the  department of environmental conservation for environ-
    41  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
    42  issued  by  the  dormitory  authority  for  a  capital  appropriation of
    43  $80,000,000 authorized by chapter 53 of the laws of 2004 to  the  educa-
    44  tion  department  for  capital  transition  grants  for  transportation,
    45  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    46  development  corporation or the dormitory authority for a capital appro-
    47  priation of $250,000,000 authorized by chapter 55 of the  laws  of  2004
    48  for  payment  of  costs  related  to  economic  development projects and
    49  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    50  development  corporation or the dormitory authority for a capital appro-
    51  priation of $350,000,000 authorized by chapter 3 of the laws of 2004 for
    52  the New York state economic development program.
    53    § 23. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    54  contrary,  the  comptroller is hereby authorized and directed to deposit
    55  to the credit of the  capital  projects  fund,  reimbursement  from  the
    56  proceeds of notes or bonds issued by the environmental facilities corpo-
        S. 6456                            101                           A. 9556

     1  ration for a capital appropriation for $29,602,000 authorized by chapter
     2  55  of  the laws of 2005 to the department of environmental conservation
     3  for payment of a portion of the state's match for federal capitalization
     4  grants  for  the water pollution control revolving loan fund, reimburse-
     5  ment from the proceeds of notes or bonds issued  by  reimbursement  from
     6  the  proceeds  of  notes or bonds issued by the urban development corpo-
     7  ration for disbursements of up to $10,000,000 from any capital appropri-
     8  ation or reappropriation authorized by chapter 50 of the laws of 2005 to
     9  the office of general services for various purposes, reimbursement  from
    10  the  proceeds  of  notes or bonds issued by the environmental facilities
    11  corporation for a capital appropriation  of  $11,350,000  authorized  by
    12  chapter  55  of  the laws of 2005 to the energy research and development
    13  authority for the Western  New  York  Nuclear  Service  Center  at  West
    14  Valley,  reimbursement from the proceeds of notes or bonds issued by the
    15  environmental facilities corporation  for  a  capital  appropriation  of
    16  $10,000,000  authorized by chapter 55 of the laws of 2005 to the depart-
    17  ment of environmental conservation for Onondaga lake, reimbursement from
    18  the proceeds of notes or bonds issued by  the  environmental  facilities
    19  corporation  for  disbursements  of  up  to $11,000,000 from any capital
    20  appropriations or reappropriations authorized by chapter 55 of the  laws
    21  of  2005  to  the  department of environmental conservation for environ-
    22  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
    23  issued  by  the  urban  development  corporation, reimbursement from the
    24  proceeds of notes or bonds issued by the urban  development  corporation
    25  for  a capital appropriation of $350,000,000 authorized by chapter 55 of
    26  the laws of 2005 for the Javits center expansion, reimbursement from the
    27  proceeds of notes or bonds issued by the urban  development  corporation
    28  or  the  dormitory  authority for a capital appropriation of $90,000,000
    29  authorized by chapter 62 of the laws of 2005 for  regional  development,
    30  reimbursement  from  the  proceeds of notes or bonds issued by the urban
    31  development corporation or the dormitory authority for a capital  appro-
    32  priation  of  $250,000,000  authorized by chapter 62 of the laws of 2005
    33  for technology and development, reimbursement from the proceeds of notes
    34  or bonds issued by the  urban  development  corporation  for  a  capital
    35  appropriation  of  $75,000,000  authorized by chapter 162 of the laws of
    36  2005 for the New York state economic development program,  reimbursement
    37  from  the  proceeds  of notes or bonds issued by the dormitory authority
    38  for a capital appropriation of $150,000,000 authorized by chapter 62  of
    39  the  laws  of  2005 for the higher education facilities capital matching
    40  grants program, reimbursement from the proceeds of notes or bonds issued
    41  by the urban development corporation or other  financing  source  for  a
    42  capital appropriation of $4,000,000 authorized by chapter 50 of the laws
    43  of  2005  to  the  office  of  general  services  for payment of capital
    44  construction costs for the Elk street parking garage building located in
    45  the city of Albany, reimbursement from the proceeds of  notes  or  bonds
    46  issued  by  the  dormitory  authority  for  a  capital  appropriation of
    47  $15,000,000 authorized by chapter 53 of the laws of 2005  to  the  state
    48  education  department  for  payment  of  capital  construction costs for
    49  public broadcasting facilities, reimbursement from the proceeds of notes
    50  or bonds issued by the  urban  development  corporation  for  a  capital
    51  appropriation  of  $15,700,000  authorized  by chapter 50 of the laws of
    52  2005 to the division of state police for public  protection  facilities,
    53  and  reimbursement  from  the  proceeds  of notes or bonds issued by the
    54  urban  development  corporation  for  capital  disbursements  of  up  to
    55  $3,000,000  from any capital appropriation or reappropriation authorized
        S. 6456                            102                           A. 9556

     1  by chapter 50 of the laws of 2005 to the division of military and  naval
     2  affairs for various purposes.
     3    §  24.  Notwithstanding  any  other  law,  rule,  or regulation to the
     4  contrary, the comptroller is hereby authorized and directed  to  deposit
     5  to  the  credit  of  the  capital  projects fund, reimbursement from the
     6  proceeds of notes or bonds issued by the environmental facilities corpo-
     7  ration for a capital appropriation for $29,600,000 authorized by a chap-
     8  ter of the laws of 2006 to the department of environmental  conservation
     9  for payment of a portion of the state's match for federal capitalization
    10  grants  for  the water pollution control revolving loan fund, reimburse-
    11  ment from the proceeds of notes or bonds issued  by  reimbursement  from
    12  the  proceeds  of  notes or bonds issued by the urban development corpo-
    13  ration for disbursements of up to $20,000,000 from any capital appropri-
    14  ation or reappropriation authorized by a chapter of the laws of 2006  to
    15  the  office of general services for various purposes, reimbursement from
    16  the proceeds of notes or bonds issued by  the  environmental  facilities
    17  corporation  for  a capital appropriation of $14,000,000 authorized by a
    18  chapter of the laws of 2006  to  the  energy  research  and  development
    19  authority  for  the  Western  New  York  Nuclear  Service Center at West
    20  Valley, reimbursement from the proceeds of notes or bonds issued by  the
    21  environmental  facilities  corporation  for  a  capital appropriation of
    22  $10,000,000 authorized by a chapter of the laws of 2006 to  the  depart-
    23  ment of environmental conservation for Onondaga lake, reimbursement from
    24  the  proceeds  of  notes or bonds issued by the environmental facilities
    25  corporation for disbursements of up  to  $12,000,000  from  any  capital
    26  appropriations  or  reappropriations authorized by a chapter of the laws
    27  of 2006 to the department of  environmental  conservation  for  environ-
    28  mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
    29  issued by the environmental facilities corporation for capital disburse-
    30  ments of up to $40,000,000 from any capital appropriation or reappropri-
    31  ation authorized by a chapter of the laws of 2006 for the department  of
    32  agriculture and markets food laboratory, reimbursement from the proceeds
    33  of  notes or bonds issued by the urban development corporation for capi-
    34  tal disbursements of up to $3,000,000 from any capital appropriation  or
    35  reappropriation authorized by a chapter of the laws of 2006 to the divi-
    36  sion  of  military and naval affairs for various purposes, reimbursement
    37  from the proceeds of notes or bonds  issued  by  the  urban  development
    38  corporation  for  a capital appropriation of $75,000,000 authorized by a
    39  chapter of the laws of 2006 to the office for technology for payment  of
    40  capital  construction  costs  for  a  consolidated data center facility,
    41  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    42  development  corporation for disbursements of up to $12,400,000 from any
    43  capital appropriation or reappropriation authorized by a chapter of  the
    44  laws  of  2006  to  the  division  of state police for public protection
    45  facilities, reimbursement from the proceeds of notes or bonds issued  by
    46  the  urban  development  corporation  for  a  capital  appropriation  of
    47  $117,000,000 authorized by a chapter of the laws of 2006  to  all  state
    48  departments  and  agencies  for the purchase of equipment, reimbursement
    49  from the proceeds of notes or bonds issued by an authorized  issuer,  as
    50  defined  by  section 68-a of the state finance law, for a capital appro-
    51  priation of $167,500,000 authorized by a chapter of the laws of 2006  to
    52  the   urban   development   for   economic  development/other  projects,
    53  reimbursement from the proceeds of notes or bonds issued by  an  author-
    54  ized  issuer, as defined by section 68-a of the state finance law, for a
    55  capital appropriation of $141,500,000 authorized by  a  chapter  of  the
    56  laws  of 2006 to the urban development corporation for university devel-
        S. 6456                            103                           A. 9556

     1  opment projects, reimbursement from  the  proceeds  of  notes  or  bonds
     2  issued  by an authorized issuer, as defined by section 68-a of the state
     3  finance law, for a capital appropriation of $116,000,000 authorized by a
     4  chapter  of  the  laws  of 2006 to the urban development corporation for
     5  cultural facilities projects, reimbursement from the proceeds  of  notes
     6  or  bonds  issued by an authorized issuer, as defined by section 68-a of
     7  the state finance  law,  for  a  capital  appropriation  of  $30,000,000
     8  authorized  by  a  chapter  of the laws of 2006 to the urban development
     9  corporation for energy/environmental projects,  reimbursement  from  the
    10  proceeds of notes or bonds issued by an authorized issuer, as defined by
    11  section  68-a  of  the state finance law, for a capital appropriation of
    12  $20,000,000 authorized by a chapter of the laws of  2006  to  the  urban
    13  development  corporation for a competitive solicitation for construction
    14  of a pilot cellulosic ethanol refinery, reimbursement from the  proceeds
    15  of  notes  or  bonds  issued  by the urban development corporation for a
    16  capital appropriation of $74,700,000 authorized by a chapter of the laws
    17  of 2006 to the urban development corporation for services  and  expenses
    18  related  to  infrastructure  for  a  new  stadium  in Queens county, and
    19  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    20  development  corporation  for  a  capital  appropriation  of $74,700,000
    21  authorized by a chapter of the laws of 2006  to  the  urban  development
    22  corporation for services and expenses related to infrastructure improve-
    23  ments  to  construct  a  new  parking facility at a new stadium in Bronx
    24  county.
    25    § 25. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    26  contrary, the state comptroller is hereby authorized and directed to use
    27  any  balance  remaining  in the mental health services fund debt service
    28  appropriation, after payment by the state comptroller of all obligations
    29  required pursuant to any lease, sublease, or other financing arrangement
    30  between the dormitory authority of the state of New York as successor to
    31  the New York state medical care facilities  financing  agency,  and  the
    32  facilities development corporation pursuant to chapter 83 of the laws of
    33  1995  and  the  department  of  mental hygiene for the purpose of making
    34  payments to the dormitory authority of the state of  New  York  for  the
    35  amount  of  the  earnings  for the investment of monies deposited in the
    36  mental health services fund that such agency determines will or may have
    37  to be rebated to the federal government pursuant to  the  provisions  of
    38  the  internal  revenue code of 1986, as amended, in order to enable such
    39  agency to maintain the exemption from federal  income  taxation  on  the
    40  interest paid to the holders of such agency's mental services facilities
    41  improvement revenue bonds. On or before June 30, 2007, such agency shall
    42  certify  to  the  state  comptroller  its  determination  of the amounts
    43  received in the mental health services fund as a result of  the  invest-
    44  ment  of monies deposited therein that will or may have to be rebated to
    45  the federal government pursuant to the provisions of the internal reven-
    46  ue code of 1986, as amended.
    47    § 26. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
    48  chapter 392 of the laws of 1973, constituting the New York state medical
    49  care  facilities  finance agency act, as amended by section 35 of part H
    50  of chapter 56 of the laws of 2000, is amended to read as follows:
    51    b. The agency shall have power and is hereby authorized from  time  to
    52  time  to  issue negotiable bonds and notes in conformity with applicable
    53  provisions of the uniform commercial code in such principal  amount  as,
    54  in  the  opinion  of  the  agency, shall be necessary, after taking into
    55  account other moneys which may be available for the purpose, to  provide
    56  sufficient  funds  to  the  facilities  development  corporation, or any
        S. 6456                            104                           A. 9556

     1  successor agency, for the financing or refinancing of or for the design,
     2  construction, acquisition, reconstruction, rehabilitation or improvement
     3  of mental health services facilities pursuant to  paragraph  a  of  this
     4  subdivision,  the payment of interest on mental health services improve-
     5  ment bonds and mental health services improvement notes issued for  such
     6  purposes,  the establishment of reserves to secure such bonds and notes,
     7  the cost or premium of bond insurance or  the  costs  of  any  financial
     8  mechanisms  which  may  be used to reduce the debt service that would be
     9  payable by the agency on its mental health services facilities  improve-
    10  ment  bonds  and notes and all other expenditures of the agency incident
    11  to and necessary or convenient to providing the  facilities  development
    12  corporation,  or  any  successor agency, with funds for the financing or
    13  refinancing of or for any such design, construction, acquisition, recon-
    14  struction, rehabilitation or improvement and for the refunding of mental
    15  hygiene improvement bonds issued pursuant to section 47-b of the private
    16  housing finance law; provided, however, that the agency shall not  issue
    17  mental  health  services  facilities improvement bonds and mental health
    18  services facilities improvement notes in an aggregate  principal  amount
    19  exceeding  [five]  six billion [fifty million] dollars, excluding mental
    20  health services facilities improvement bonds and mental health  services
    21  facilities  improvement notes issued to refund outstanding mental health
    22  services facilities improvement bonds and mental health services facili-
    23  ties improvement notes; provided, however, that upon any such  refunding
    24  or  repayment  of  mental  health  services facilities improvement bonds
    25  and/or mental health services facilities  improvement  notes  the  total
    26  aggregate principal amount of outstanding mental health services facili-
    27  ties  improvement  bonds  and mental health facilities improvement notes
    28  may be greater than [five] six billion [fifty million] dollars only  if,
    29  except  as  hereinafter  provided with respect to mental health services
    30  facilities bonds and mental health services facilities notes  issued  to
    31  refund mental hygiene improvement bonds authorized to be issued pursuant
    32  to  the  provisions  of section 47-b of the private housing finance law,
    33  the present value of the aggregate debt  service  of  the  refunding  or
    34  repayment  bonds  to be issued shall not exceed the present value of the
    35  aggregate debt service of the  bonds  to  be  refunded  or  repaid.  For
    36  purposes hereof, the present values of the aggregate debt service of the
    37  refunding  or  repayment  bonds,  notes  or other obligations and of the
    38  aggregate debt service of the  bonds,  notes  or  other  obligations  so
    39  refunded  or  repaid,  shall  be  calculated  by utilizing the effective
    40  interest rate of the refunding or repayment bonds, notes or other  obli-
    41  gations, which shall be that rate arrived at by doubling the semi-annual
    42  interest  rate (compounded semi-annually) necessary to discount the debt
    43  service payments on the refunding or repayment  bonds,  notes  or  other
    44  obligations  from  the payment dates thereof to the date of issue of the
    45  refunding or repayment bonds, notes or  other  obligations  and  to  the
    46  price  bid  including estimated accrued interest or proceeds received by
    47  the authority including estimated accrued interest from the sale  there-
    48  of.  Such  bonds,  other  than bonds issued to refund outstanding bonds,
    49  shall be scheduled to mature over a  term  not  to  exceed  the  average
    50  useful  life, as certified by the facilities development corporation, of
    51  the projects for which the bonds are issued, and in any case  shall  not
    52  exceed  thirty  years  and the maximum maturity of notes or any renewals
    53  thereof shall not exceed five years from the date of the original  issue
    54  of such notes. Notwithstanding the provisions of this section, the agen-
    55  cy  shall have the power and is hereby authorized to issue mental health
    56  services facilities improvement  bonds  and/or  mental  health  services
        S. 6456                            105                           A. 9556

     1  facilities  improvement  notes  to  refund  outstanding  mental  hygiene
     2  improvement bonds authorized to be issued pursuant to the provisions  of
     3  section  47-b of the private housing finance law and the amount of bonds
     4  issued  or  outstanding  for  such  purposes  shall  not be included for
     5  purposes of determining the amount of  bonds  issued  pursuant  to  this
     6  section.   The director of the budget shall allocate the aggregate prin-
     7  cipal authorized to be issued by the agency among the office  of  mental
     8  health, office of mental retardation and developmental disabilities, and
     9  the  office  of alcoholism and substance abuse services, in consultation
    10  with their respective commissioners to finance  bondable  appropriations
    11  previously approved by the legislature.
    12    §  27.  (1)  Notwithstanding any other law, rule, or regulation to the
    13  contrary, the state comptroller shall at the commencement of each  month
    14  certify to the director of the budget, the commissioner of environmental
    15  conservation,  the  chair of the senate finance committee, and the chair
    16  of the assembly ways and means committee the amounts disbursed from  all
    17  appropriations  for  hazardous  waste site remediation disbursements for
    18  the month preceding such certification.
    19    (2) Notwithstanding any law to the contrary, prior to the issuance  by
    20  the comptroller of bonds authorized pursuant to subdivision a of section
    21  4  of the environmental quality bond act of nineteen hundred eighty-six,
    22  as enacted by chapter 511 of the laws of 1986,  disbursements  from  all
    23  appropriations  for  that  purpose shall first be reimbursed from moneys
    24  credited to the hazardous waste remedial fund,  site  investigation  and
    25  construction  account,  to  the  extent  moneys  are  available  in such
    26  account. For purposes of determining moneys available in  such  account,
    27  the  commissioner  of  environmental  conservation  shall certify to the
    28  comptroller the amounts required for  administration  of  the  hazardous
    29  waste remedial program.
    30    (3)  The comptroller is hereby authorized and directed to transfer any
    31  balance above the amounts certified by the commissioner of environmental
    32  conservation to reimburse disbursements pursuant to  all  appropriations
    33  from  such site investigation and construction account; provided, howev-
    34  er, that if such transfers are  determined  by  the  comptroller  to  be
    35  insufficient  to  assure  that  interest  paid to holders of state obli-
    36  gations issued for hazardous waste purposes  pursuant  to  the  environ-
    37  mental  quality  bond  act of nineteen hundred eighty-six, as enacted by
    38  chapter 511 of the laws of 1986, is exempt from federal income taxation,
    39  the comptroller is hereby authorized and directed to transfer, from such
    40  site investigation and construction account to  the  general  fund,  the
    41  amount  necessary  to  redeem bonds in an amount necessary to assure the
    42  continuation of such tax exempt status. Prior to the making of any  such
    43  transfers,  the  comptroller  shall notify the director of the budget of
    44  the amount of such transfers.
    45    § 28. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
    46  housing finance law, as amended by section 24 of part Y of chapter 61 of
    47  the laws of 2005, is amended to read as follows:
    48    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    49  thousand,  in  order  to  enhance and encourage the promotion of housing
    50  programs and thereby achieve the stated purposes and objectives of  such
    51  housing  programs, the agency shall have the power and is hereby author-
    52  ized from time to time to issue negotiable  housing  program  bonds  and
    53  notes  in  such principal amount as shall be necessary to provide suffi-
    54  cient funds for the repayment of amounts disbursed (and  not  previously
    55  reimbursed) pursuant to a chapter of the laws of two thousand [five] six
    56  or  any prior year making capital appropriations or reappropriations for
        S. 6456                            106                           A. 9556

     1  the purposes of the housing program; provided, however, that the  agency
     2  may  issue  such  bonds  and  notes in an aggregate principal amount not
     3  exceeding one  billion  [seven]  eight  hundred  [ninety-one]  sixty-six
     4  million  dollars,  plus  a  principal amount of bonds issued to fund the
     5  debt service reserve fund in accordance with the  debt  service  reserve
     6  fund  requirement  established  by  the  agency  and  to  fund any other
     7  reserves that the agency reasonably deems necessary for the security  or
     8  marketability  of  such bonds and to provide for the payment of fees and
     9  other charges and expenses, including  underwriters'  discount,  trustee
    10  and rating agency fees, bond insurance, credit enhancement and liquidity
    11  enhancement  related to the issuance of such bonds and notes. No reserve
    12  fund securing the housing program bonds shall be entitled or eligible to
    13  receive state funds apportioned or appropriated to maintain  or  restore
    14  such  reserve  fund at or to a particular level, except to the extent of
    15  any deficiency resulting directly or indirectly from a  failure  of  the
    16  state to appropriate or pay the agreed amount under any of the contracts
    17  provided for in subdivision four of this section.
    18    §  29.  Paragraph  (a) of subdivision 5 of section 47-e of the private
    19  housing finance law, as amended by section 25 of part Y of chapter 61 of
    20  the laws of 2005, is amended to read as follows:
    21    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    22  thousand, upon the issuance of housing program bonds or notes, the agen-
    23  cy shall apply such amount of the proceeds thereof as  shall  be  desig-
    24  nated  and  specified  in  the  bond  or  note resolution or resolutions
    25  authorizing the issuance of such bonds or notes to  the  specific  funds
    26  and/or  accounts of one or more housing programs. The bond resolution or
    27  resolutions authorizing the issuance of such bonds or notes  shall  only
    28  allocate  net proceeds of bonds or notes to a particular fund or account
    29  of a housing program if the legislature has authorized in a  chapter  of
    30  the laws of two thousand [five] six or any prior year an advance to such
    31  fund  or  account, and the amount of such bond or note proceeds so allo-
    32  cated to such fund or account shall  not  exceed  the  total  amount  so
    33  authorized  to  be  advanced. Such proceeds shall be disbursed to such a
    34  fund or account in accordance with such allocation only for  application
    35  to the repayment of advances previously or thereupon made and not previ-
    36  ously  repaid.  Such  proceeds  may  not  be  transferred from an entity
    37  authorized to administer a housing program to the state or a fund of the
    38  state, except in repayment of such  advances.  Except  in  the  case  of
    39  refunding  bonds  or notes authorized hereunder, any net proceeds not so
    40  allocated or disbursed shall be utilized first to pay  debt  service  on
    41  the  applicable  bonds  or notes in the current or the succeeding fiscal
    42  year and second to the redemption of  such  bonds;  provided  that  such
    43  application  may be adjusted to comply with applicable federal law as to
    44  federal tax exemption. For purposes of this paragraph, earnings from the
    45  investment of net proceeds shall be treated as net proceeds.
    46    § 30. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    47  of 1997, relating  to  the  financing  of  the  correctional  facilities
    48  improvement  fund and the youth facility improvement fund, as amended by
    49  section 26 of part Y of chapter 61 of the laws of 2005,  is  amended  to
    50  read as follows:
    51    1.    Subject to the provisions of chapter 59 of the laws of 2000, but
    52  notwithstanding the provisions of section 18 of section 1 of chapter 174
    53  of the laws of 1968, the New York state urban development corporation is
    54  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    55  aggregate principal amount not to exceed [four] five billion [seven] one
    56  hundred  [eighty]  twenty-five million six hundred ninety-three thousand
        S. 6456                            107                           A. 9556

     1  dollars  [($4,780,693,000)]  ($5,125,693,000),  and  shall  include  all
     2  bonds,  notes and other obligations issued pursuant to chapter 56 of the
     3  laws of 1983, as amended or supplemented. The proceeds  of  such  bonds,
     4  notes  or  other  obligations shall be paid to the state, for deposit in
     5  the correctional facilities capital improvement fund to pay for  all  or
     6  any  portion  of  the amount or amounts paid by the state from appropri-
     7  ations or  reappropriations  made  to  the  department  of  correctional
     8  services  from  the correctional facilities capital improvement fund for
     9  capital projects. The aggregate amount of bonds, notes  or  other  obli-
    10  gations  authorized  to be issued pursuant to this section shall exclude
    11  bonds, notes or other obligations issued to refund  or  otherwise  repay
    12  bonds,  notes  or  other obligations theretofore issued, the proceeds of
    13  which were paid to the state  for  all  or  a  portion  of  the  amounts
    14  expended  by  the  state from appropriations or reappropriations made to
    15  the department of correctional services; provided,  however,  that  upon
    16  any  such refunding or repayment the total aggregate principal amount of
    17  outstanding bonds, notes or other obligations may be greater than [four]
    18  five billion  [seven]  one  hundred  [eighty]  twenty-five  million  six
    19  hundred     ninety-three     thousand     dollars     [($4,780,693,000)]
    20  ($5,125,693,000), only if  the  present  value  of  the  aggregate  debt
    21  service  of the refunding or repayment bonds, notes or other obligations
    22  to be issued shall not exceed the present value of  the  aggregate  debt
    23  service  of  the  bonds, notes or other obligations so to be refunded or
    24  repaid. For the purposes hereof, the present value of the aggregate debt
    25  service of the refunding or repayment bonds, notes or other  obligations
    26  and  of  the  aggregate  debt service of the bonds, notes or other obli-
    27  gations so refunded or repaid, shall  be  calculated  by  utilizing  the
    28  effective  interest  rate  of the refunding or repayment bonds, notes or
    29  other obligations, which shall be that rate arrived at by  doubling  the
    30  semi-annual   interest  rate  (compounded  semi-annually)  necessary  to
    31  discount the debt service payments on the refunding or repayment  bonds,
    32  notes or other obligations from the payment dates thereof to the date of
    33  issue  of  the  refunding or repayment bonds, notes or other obligations
    34  and to the price bid including estimated accrued  interest  or  proceeds
    35  received  by  the  corporation including estimated accrued interest from
    36  the sale thereof.
    37    § 31. Section 27 of part Y of chapter 61 of the laws of 2005, relating
    38  to temporary loans and fund transfers, is amended to read as follows:
    39    § 27. (a) Subject to the provisions of chapter 59 of the laws of 2000,
    40  but notwithstanding any provisions of law to the contrary, one  or  more
    41  authorized  issuers  as defined by section 68-a of the state finance law
    42  are hereby authorized to issue bonds or notes in one or more  series  in
    43  an  aggregate  principal amount not to exceed [$15,700,000] $52,100,000,
    44  excluding bonds issued to finance  one  or  more  debt  service  reserve
    45  funds, to pay costs of issuance of such bonds, and bonds or notes issued
    46  to  refund or otherwise repay such bonds or notes previously issued, for
    47  the purpose of financing capital projects for division of  state  police
    48  facilities,  debt service and leases; and to reimburse the state general
    49  fund for disbursements made therefor.  Such  bonds  and  notes  of  such
    50  authorized  issuer shall not be a debt of the state, and the state shall
    51  not be liable thereon, nor shall they be payable out of any funds  other
    52  than  those appropriated by the state to such authorized issuer for debt
    53  service and related expenses pursuant to any service  contract  executed
    54  pursuant  to  subdivision  (b)  of this section and such bonds and notes
    55  shall contain on the face thereof a statement to such effect. Except for
    56  purposes of complying with  the  internal  revenue  code,  any  interest
        S. 6456                            108                           A. 9556

     1  income earned on bond proceeds shall only be used to pay debt service on
     2  such bonds.
     3    (b) Notwithstanding any provisions of law to the contrary, in order to
     4  assist  such  authorized  issuer  in  undertaking the administration and
     5  financing of the projects authorized pursuant to subdivision (a) of this
     6  section, the director of the budget is hereby authorized to  enter  into
     7  one or more service contracts with such authorized issuer; none of which
     8  shall  exceed  more  than  twenty years in duration, upon such terms and
     9  conditions as the director of the  budget  and  such  authorized  issuer
    10  agree,  so  as  to  annually  provide  to such authorized issuer, in the
    11  aggregate, a sum not to exceed the  annual  debt  service  payments  and
    12  related  expenses  required  for  the bonds and notes issued pursuant to
    13  this section. Any service contract entered into pursuant to this  subdi-
    14  vision  shall provide that the obligation of the state to pay the amount
    15  therein provided shall not constitute a debt of  the  state  within  the
    16  meaning of any constitutional or statutory provision and shall be deemed
    17  executory  only  to the extent of monies available and that no liability
    18  shall be incurred by the state beyond  the  monies  available  for  such
    19  purposes,  subject  to annual appropriation by the legislature. Any such
    20  contract or any payments made or to be made thereunder may  be  assigned
    21  or  pledged  by  such  authorized  issuer  as security for its bonds and
    22  notes, as authorized by this section.
    23    § 32. (a) Subject to the provisions of chapter 59 of the laws of 2000,
    24  but notwithstanding any provisions of law to the contrary, one  or  more
    25  authorized  issuers  as defined by section 68-a of the state finance law
    26  are hereby authorized to issue bonds or notes in one or more  series  in
    27  an aggregate principal amount not to exceed $75,000,000, excluding bonds
    28  issued  to  finance one or more debt service reserve funds, to pay costs
    29  of issuance of such bonds, and bonds or notes issued to refund or other-
    30  wise repay such bonds or notes previously issued,  for  the  purpose  of
    31  financing  capital  projects  for office for technology facilities, debt
    32  service and  leases;  and  to  reimburse  the  state  general  fund  for
    33  disbursements  made  therefor.  Such  bonds and notes of such authorized
    34  issuer shall not be a debt of the state, and  the  state  shall  not  be
    35  liable  thereon,  nor  shall they be payable out of any funds other than
    36  those appropriated by the state  to  such  authorized  issuer  for  debt
    37  service  and  related expenses pursuant to any service contract executed
    38  pursuant to subdivision (b) of this section and  such  bonds  and  notes
    39  shall contain on the face thereof a statement to such effect. Except for
    40  purposes  of  complying  with  the  internal  revenue code, any interest
    41  income earned on bond proceeds shall only be used to pay debt service on
    42  such bonds.
    43    (b) Notwithstanding any provisions of law to the contrary, in order to
    44  assist such authorized issuer  in  undertaking  the  administration  and
    45  financing of the projects authorized pursuant to subdivision (a) of this
    46  section,  the  director of the budget is hereby authorized to enter into
    47  one or more service contracts with such authorized issuer; none of which
    48  shall exceed more than twenty years in duration,  upon  such  terms  and
    49  conditions  as  the  director  of  the budget and such authorized issuer
    50  agree, so as to annually provide  to  such  authorized  issuer,  in  the
    51  aggregate,  a  sum  not  to  exceed the annual debt service payments and
    52  related expenses required for the bonds and  notes  issued  pursuant  to
    53  this  section. Any service contract entered into pursuant to this subdi-
    54  vision shall provide that the obligation of the state to pay the  amount
    55  therein  provided  shall  not  constitute a debt of the state within the
    56  meaning of any constitutional or statutory provision and shall be deemed
        S. 6456                            109                           A. 9556

     1  executory only to the extent of monies available and that  no  liability
     2  shall  be  incurred  by  the  state beyond the monies available for such
     3  purposes, subject to annual appropriation by the legislature.  Any  such
     4  contract  or  any payments made or to be made thereunder may be assigned
     5  or pledged by such authorized issuer  as  security  for  its  bonds  and
     6  notes, as authorized by this section.
     7    (c)  Notwithstanding  any other provision of law to the contrary, when
     8  awarding or entering into contracts for the design or construction of  a
     9  consolidated  data center facility, the office for technology may either
    10  award one contract for all work to be performed to a single  responsible
    11  and  reliable  person,  firm  or  corporation, or have prepared separate
    12  specifications for each of the following three subdivisions of the  work
    13  to  be  performed and award the three subdivisions of the specified work
    14  separately to responsible and reliable persons,  firms  or  corporations
    15  engaged in these classes of work:
    16    1. Plumbing and gas fitting.
    17    2.  Steam heating, hot water heating, ventilating and air conditioning
    18  apparatus.
    19    3. Electric wiring and standard illuminating fixtures.
    20    A contract or contracts for  the  consolidated  data  center  facility
    21  shall  be awarded to the lowest responsible bidder for all the buildings
    22  included in  the  specifications.  Nothing  in  this  section  shall  be
    23  construed  to prevent the office for technology from assigning responsi-
    24  bility for supervision and coordination of any or all of  the  contracts
    25  for  the  consolidated  data center facility to a single responsible and
    26  reliable person, firm  or  corporation,  or  from  performing  any  such
    27  branches of work by or through their regular employees.
    28    (d)  Notwithstanding  the provisions of section 8 of the public build-
    29  ings law and section 136-a of the state finance law and any other law to
    30  the contrary:
    31    1. The office for technology is hereby authorized to contract for  the
    32  design  and  construction  of a consolidated data center facility with a
    33  single bidder (which may be a team comprised of  separate  entities)  in
    34  accordance  with  the provisions of this section. Contracts entered into
    35  pursuant to the provisions of this  section  shall  be  referred  to  as
    36  "design-build contracts".
    37    2.  Any  design-build  contract  entered into pursuant to this section
    38  shall include a clause requiring that any  professional  services  regu-
    39  lated  by  articles  145,  147  and  148  of  the education law shall be
    40  performed by a professional licensed in accordance with such article.
    41    3. While the competitive bid process remains the preferred  method  of
    42  procurement of design and construction services, the office for technol-
    43  ogy  may  enter  into  a design-build contract for the consolidated data
    44  center facility provided that there is compliance with the  requirements
    45  of this section. A design-build contract shall be awarded based upon the
    46  following  two-step  competitive  negotiation  process  emphasizing best
    47  value to the state.
    48    a. Generation of a list of entities that have demonstrated the general
    49  capacity and qualifications to perform the design-build contract for the
    50  consolidated data center facility.  Such list shall consist of  no  more
    51  than  five and no less than three entities, and shall be generated based
    52  upon the review of responses to a publicly advertised request for quali-
    53  fications by the director of the office for technology ("the  director")
    54  or  designated  representatives  of the director. The request for quali-
    55  fications shall include a general description of the  consolidated  data
    56  center  facility  project, the maximum number of entities to be included
        S. 6456                            110                           A. 9556

     1  on the list, and the selection criteria to be  used  in  generating  the
     2  list.  Such  selection  criteria shall include, but shall not be limited
     3  to, the qualifications and experience of  the  design  and  construction
     4  team,  project  approach, organization, record of performance, financial
     5  capacity, demonstrated responsibility, ability of the team member or  of
     6  a member or members of the team to comply with articles 145, 147 and 148
     7  of  the  education  law,  and  such other qualifications as the director
     8  deems appropriate. The director  or  designated  representative  of  the
     9  director  shall evaluate and rate all entities responding to the request
    10  for qualifications. Based upon such ratings, the director shall list the
    11  entities that shall receive a request for proposals in  accordance  with
    12  subparagraph b of this paragraph.
    13    b. Selection of the proposal which is the best value to the state. The
    14  director  shall  issue  a  request  for proposals to the entities listed
    15  pursuant to subparagraph a  of  this  paragraph.    If  such  an  entity
    16  consists of a team of separate entities, the entities that comprise such
    17  a  team  must  remain  unchanged from the entities as listed pursuant to
    18  subparagraph a of this paragraph.  The request for proposals  shall  set
    19  forth  the consolidated data center facility project's scope of work and
    20  other requirements, as determined by  the  director.  The  requests  for
    21  proposals  shall  specify  the  criteria  to  be  used  to  evaluate the
    22  responses. Such criteria shall include the proposal's cost, the  quality
    23  of  the  proposal's  solution,  the qualifications and experience of the
    24  design and construction team, and other factors deemed pertinent by  the
    25  director, which may include, but shall not be limited to, the proposal's
    26  project  implementation,  ability  to  complete the work in a timely and
    27  satisfactory manner and maintainability of  the  completed  consolidated
    28  data  center  facility.  Any  contract  awarded pursuant to this section
    29  shall be awarded to a responsible  entity  that  submits  the  proposal,
    30  which,  in  consideration  of  these and other specified criteria deemed
    31  pertinent to the project, is the best value to the state, as  determined
    32  by the director.
    33    c.  The director shall document in writing for a specific design-build
    34  project for the consolidated data center facility  that  (i)  a  design-
    35  build  contract is more advantageous than a competitive bid construction
    36  contract; (ii) there is a benefit to the state by using  a  design-build
    37  contract;  and  (iii)  competitive  bidding is not practical or fiscally
    38  advantageous.
    39    4.  The  director  may  develop  written  procedures   governing   the
    40  selection,  evaluation  and  award  of the design-build contract for the
    41  consolidated data center facility. Such procedures shall  be  consistent
    42  with  those  described  in  this section and may be revised from time to
    43  time as necessary.
    44    5. This section shall not be construed to supersede section 220 of the
    45  labor law requiring the payment of prevailing wages for public works.
    46    § 33. Subdivision 3 of section 1285-p of the public  authorities  law,
    47  as  amended by section 7 of part A of chapter 63 of the laws of 2005, is
    48  amended to read as follows:
    49    3. The maximum amount of bonds that may be issued for the  purpose  of
    50  financing  environmental  infrastructure  projects  authorized  by  this
    51  section shall be four hundred [twenty-one] fifty-seven million  dollars,
    52  exclusive  of  bonds  issued to fund any debt service reserve funds, pay
    53  costs of issuance of such bonds, and bonds or notes issued to refund  or
    54  otherwise  repay  bonds or notes previously issued. Such bonds and notes
    55  of the corporation shall not be a debt of the state, and the state shall
    56  not be liable thereon, nor shall they be payable out of any funds  other
        S. 6456                            111                           A. 9556

     1  than those appropriated by the state to the corporation for debt service
     2  and related expenses pursuant to any service contracts executed pursuant
     3  to  subdivision  one  of  this  section,  and such bonds and notes shall
     4  contain on the face thereof a statement to such effect.
     5    § 34. Section 48 of part K of chapter 81 of the laws of 2002, relating
     6  to  providing  for  the  administration  of  certain  funds and accounts
     7  related to the 2002-2003 budget, as amended by section 30 of part  Y  of
     8  chapter 61 of the laws of 2005, is amended to read as follows:
     9    § 48. (a) Subject to the provisions of chapter 59 of the laws of 2000,
    10  but  notwithstanding  the provisions of section 18 of the urban develop-
    11  ment corporation act, the corporation  is  hereby  authorized  to  issue
    12  bonds  or  notes  in one or more series in an aggregate principal amount
    13  not to exceed $25,000,000 excluding bonds issued to  fund  one  or  more
    14  debt  service reserve funds, to pay costs of issuance of such bonds, and
    15  bonds or notes issued to refund or otherwise repay such bonds  or  notes
    16  previously issued, for the purpose of financing capital costs related to
    17  homeland  security  for  the  division  of state police, the division of
    18  military and naval affairs, and any other state  agency,  including  the
    19  reimbursement  of any disbursements made from the state capital projects
    20  fund, and is hereby authorized to issue bonds or notes in  one  or  more
    21  series  in  an  aggregate  principal  amount not to exceed [$42,000,000]
    22  $62,000,000, excluding bonds issued to fund one  or  more  debt  service
    23  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
    24  notes issued to refund or otherwise repay such bonds or notes previously
    25  issued, for the purpose of financing improvements to State office build-
    26  ings and other facilities located statewide, including the reimbursement
    27  of any disbursements made from the state  capital  projects  fund.  Such
    28  bonds and notes of the corporation shall not be a debt of the state, and
    29  the  state shall not be liable thereon, nor shall they be payable out of
    30  any funds other than those appropriated by the state to the  corporation
    31  for  debt service and related expenses pursuant to any service contracts
    32  executed pursuant to subdivision (b) of this section, and such bonds and
    33  notes shall contain on the face thereof a statement to such effect.
    34    Except for purposes of complying with the internal revenue  code,  any
    35  interest  income  earned on bond proceeds shall only be used to pay debt
    36  service on such bonds.
    37    (b) Notwithstanding any provisions of law to the contrary, in order to
    38  assist the corporation in undertaking the administration  and  financing
    39  of  the  project authorized pursuant to subdivision (a) of this section,
    40  the director of the budget is hereby authorized to  enter  into  one  or
    41  more  service contracts with the corporation, none of which shall exceed
    42  twenty years in duration, upon such terms and conditions as the director
    43  of the budget and the corporation agree, so as to  annually  provide  to
    44  the  corporation,  in the aggregate, a sum not to exceed the annual debt
    45  service payments and related expenses required for the bonds  and  notes
    46  issued  pursuant  to  this  section.  Any  service contract entered into
    47  pursuant to this subdivision shall provide that the  obligation  of  the
    48  state  to  pay  the  amounts therein provided for shall not constitute a
    49  debt of the state within the meaning of any constitutional or  statutory
    50  provision  and  shall  be  deemed executory only to the extent of monies
    51  available and that no liability shall be incurred by  the  state  beyond
    52  the  monies available for such purposes, subject to annual appropriation
    53  by the legislature. Any such service contract or any payments made or to
    54  be made thereunder may be assigned and pledged  by  the  corporation  as
    55  security for its bonds and notes, as authorized by this section.
        S. 6456                            112                           A. 9556

     1    §  35.  Paragraph  (c) of subdivision 14 of section 1680 of the public
     2  authorities law, as amended by section 32 of part Y of chapter 61 of the
     3  laws of 2005, is amended to read as follows:
     4    (c) (i) Subject to the provisions of chapter fifty-nine of the laws of
     5  two  thousand,  the  dormitory  authority  shall not deliver a series of
     6  bonds for city university community college facilities, except to refund
     7  or to be substituted for or in lieu of other bonds in relation  to  city
     8  university  community college facilities pursuant to a resolution of the
     9  dormitory authority adopted before July first, nineteen hundred  eighty-
    10  five  or any resolution supplemental thereto, if the principal amount of
    11  bonds so to be issued when added  to  all  principal  amounts  of  bonds
    12  previously  issued by the dormitory authority for city university commu-
    13  nity college facilities, except to refund or to be substituted  in  lieu
    14  of  other bonds in relation to city university community college facili-
    15  ties will exceed the sum of four hundred twenty-five million dollars and
    16  (ii) the dormitory authority shall not deliver a series of bonds  issued
    17  for  city university facilities, including community college facilities,
    18  pursuant to a resolution of the dormitory authority adopted on or  after
    19  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
    20  substituted for or in lieu of other bonds in relation to city university
    21  facilities and except for bonds issued pursuant to a resolution  supple-
    22  mental  to a resolution of the dormitory authority adopted prior to July
    23  first, nineteen hundred eighty-five, if the principal amount of bonds so
    24  to be issued when added to the  principal  amount  of  bonds  previously
    25  issued pursuant to any such resolution, except bonds issued to refund or
    26  to  be  substituted  for  or  in lieu of other bonds in relation to city
    27  university facilities, will exceed [four]  five  billion  [nine  hundred
    28  seventy-five]  three  hundred  million dollars. The legislature reserves
    29  the right to amend or repeal such limit, and the state of New York,  the
    30  dormitory  authority,  the  city university, and the fund are prohibited
    31  from covenanting or making any other agreements with or for the  benefit
    32  of bondholders which might in any way affect such right.
    33    §  36.  Paragraph  (c) of subdivision 19 of section 1680 of the public
    34  authorities law, as amended by section 33 of part Y of chapter 61 of the
    35  laws of 2005, is amended to read as follows:
    36    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    37  thousand, the dormitory authority shall not issue any  bonds  for  state
    38  university  educational  facilities  purposes if the principal amount of
    39  bonds to be issued when added to the aggregate principal amount of bonds
    40  issued by the dormitory authority on  and  after  July  first,  nineteen
    41  hundred  eighty-eight  for  state university educational facilities will
    42  exceed six billion six hundred million dollars; provided, however,  that
    43  bonds  issued or to be issued shall be excluded from such limitation if:
    44  (1) such bonds are issued to refund state university construction  bonds
    45  and state university construction notes previously issued by the housing
    46  finance  agency;  or  (2)  such  bonds are issued to refund bonds of the
    47  authority or other obligations issued for state  university  educational
    48  facilities  purposes and the present value of the aggregate debt service
    49  on the refunding bonds does not exceed the present value of  the  aggre-
    50  gate  debt service on the bonds refunded thereby; provided, further that
    51  upon certification by the director of the budget that  the  issuance  of
    52  refunding  bonds  or other obligations issued between April first, nine-
    53  teen hundred ninety-two and March thirty-first, nineteen  hundred  nine-
    54  ty-three  will  generate  long  term  economic benefits to the state, as
    55  assessed on a present value basis, such issuance will be deemed to  have
    56  met  the  present  value test noted above. For purposes of this subdivi-
        S. 6456                            113                           A. 9556

     1  sion, the present value of the aggregate debt service of  the  refunding
     2  bonds  and  the  aggregate  debt service of the bonds refunded, shall be
     3  calculated by utilizing the true interest cost of the  refunding  bonds,
     4  which shall be that rate arrived at by doubling the semi-annual interest
     5  rate  (compounded  semi-annually) necessary to discount the debt service
     6  payments on the refunding bonds from the payment dates  thereof  to  the
     7  date  of  issue  of  the  refunding  bonds  to the purchase price of the
     8  refunding bonds, including interest accrued thereon prior to  the  issu-
     9  ance  thereof.  The  maturity  of such bonds, other than bonds issued to
    10  refund outstanding bonds, shall not exceed the weighted average economic
    11  life, as certified by the state university  construction  fund,  of  the
    12  facilities  in  connection  with  which the bonds are issued, and in any
    13  case not later than the earlier of thirty years or the expiration of the
    14  term of  any  lease,  sublease  or  other  agreement  relating  thereto;
    15  provided  that  no  note, including renewals thereof, shall mature later
    16  than five years after the date of issuance of such note. The legislature
    17  reserves the right to amend or repeal such limit, and the state  of  New
    18  York, the dormitory authority, the state university of New York, and the
    19  state  university  construction  fund are prohibited from covenanting or
    20  making any other agreements with or for the benefit of bondholders which
    21  might in any way affect such right.
    22    § 37. Paragraph (j) of subdivision 2 of section  1680  of  the  public
    23  authorities  law,  as  amended by section 26 of part P2 of chapter 62 of
    24  the laws of 2003, is amended to read as follows:
    25    j. Subject to the provisions of chapter fifty-nine of the laws of  two
    26  thousand, the maximum amount of bonds and notes to be issued after March
    27  thirty-first,  two  thousand  two  for  a  housing  unit  for the use of
    28  students at  a  state-operated  institution  or  statutory  or  contract
    29  college under the jurisdiction of the state university of New York shall
    30  be  [four]  eight hundred [twenty] million dollars. Such amount shall be
    31  exclusive of bonds and notes issued to fund any reserve fund  or  funds,
    32  costs  of issuance, and to refund any outstanding bonds and notes relat-
    33  ing to a housing unit under the jurisdiction of the state university  of
    34  New York.
    35    §  38. Subdivision 10-a of section 1680 of the public authorities law,
    36  as amended by section 27 of part P2 of chapter 62 of the laws  of  2003,
    37  is amended to read as follows:
    38    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
    39  two thousand, but notwithstanding any other provision of the law to  the
    40  contrary, the maximum amount of bonds and notes to be issued after March
    41  thirty-first,  two  thousand two, on behalf of the state, in relation to
    42  any locally sponsored community college,  shall  be  two  hundred  [ten]
    43  fifty-five  million dollars. Such amount shall be exclusive of bonds and
    44  notes issued to fund any reserve fund or funds, costs of issuance and to
    45  refund any outstanding bonds and notes, issued on behalf of  the  state,
    46  relating to a locally sponsored community college.
    47    § 39. Section 69-c of the state finance law, as added by section 38 of
    48  part K of chapter 81 of the laws of 2002, is amended to read as follows:
    49    §  69-c.  Variable rate bonds.  Notwithstanding any other provision of
    50  law to the contrary, any State-supported debt may be issued as  variable
    51  rate bonds.
    52    Notwithstanding  any  other  provision  of  law  to  the contrary, for
    53  purposes of calculating the present value of debt service and  calculat-
    54  ing  savings  in connection with the issuance of refunding indebtedness,
    55  (i) the effective interest rate and debt  service  payable  on  variable
    56  rate  bonds in connection with which, and to the extent that, an author-
        S. 6456                            114                           A. 9556

     1  ized issuer has entered into an interest rate exchange or similar agree-
     2  ment pursuant to which the authorized issuer makes payments based  on  a
     3  fixed  rate  and  receives  payments  based  on  a variable rate that is
     4  reasonably expected by such authorized issuer to be equivalent over time
     5  to  the  variable rate paid on the related variable rate bonds, shall be
     6  calculated assuming that the rate of  interest  on  such  variable  rate
     7  bonds  is the fixed rate payable by the authorized issuer on such inter-
     8  est rate exchange or similar agreement for the scheduled  term  of  such
     9  agreement; (ii) the effective interest rate and debt service on variable
    10  rate  bonds in connection with which, and to the extent that, an author-
    11  ized issuer has not entered into such an interest rate exchange or simi-
    12  lar agreement shall be calculated assuming that interest on  such  vari-
    13  able  interest  rate  bonds  is  payable  at  a rate or rates reasonably
    14  assumed by the authorized issuer; (iii) the effective interest rate  and
    15  debt  service on any bonds subject to optional or mandatory tender shall
    16  be a rate or rates reasonably assumed by the authorized issuer; and (iv)
    17  otherwise, the effective interest rate and debt  service  on  any  bonds
    18  shall be calculated at a rate or rates reasonably assumed by the author-
    19  ized issuer. Notwithstanding any other provision of law to the contrary,
    20  for  calculating  the  present  value  of  debt  service and calculating
    21  savings in connection within the issuance of refunding indebtedness, the
    22  refunding of variable rate debt instruments with new variable rate  debt
    23  instruments shall be excluded from any such requirements, if effectuated
    24  for sound business purposes.
    25    §  40.  The  public authorities law is amended by adding a new section
    26  1680-k to read as follows:
    27    § 1680-k. Financing of department of agriculture and  markets  facili-
    28  ties.    In order to effectuate the purpose of this title, the dormitory
    29  authority shall have the following additional powers:
    30    1. Subject to the provisions of chapter fifty-nine of the laws of  two
    31  thousand, but notwithstanding any provisions of law to the contrary, the
    32  dormitory  authority is hereby authorized to issue bonds or notes in one
    33  or more series in an aggregate principal  amount  not  to  exceed  forty
    34  million  dollars  excluding  bonds  issued  to  finance one or more debt
    35  service reserve funds, to pay costs of issuance of such bonds, and bonds
    36  or notes issued to refund or otherwise repay such bonds or notes  previ-
    37  ously  issued,  for the purpose of financing the construction of the New
    38  York state agriculture and markets food  laboratory  in  Albany  county.
    39  Eligible  project  costs  may include, but not be limited to the cost of
    40  design, financing, site investigations, site  acquisition  and  prepara-
    41  tion, demolition, construction, rehabilitation, acquisition of machinery
    42  and  equipment, and infrastructure improvements. Such bonds and notes of
    43  such authorized issuers shall not be a debt of the state, and the  state
    44  shall  not be liable thereon, nor shall they be payable out of any funds
    45  other than those appropriated by the state to  such  authorized  issuers
    46  for  debt  service and related expenses pursuant to any service contract
    47  executed pursuant to subdivision two of this section and such bonds  and
    48  notes  shall  contain  on  the  face thereof a statement to such effect.
    49  Except for purposes of complying with the  internal  revenue  code,  any
    50  interest  income  earned on bond proceeds shall only be used to pay debt
    51  service on such bonds.
    52    2. Notwithstanding any provisions of law to the contrary, in order  to
    53  assist  such  authorized  issuers  in undertaking the administration and
    54  financing of the projects authorized pursuant to subdivision one of this
    55  section, the director of the budget is hereby authorized to  enter  into
    56  one  or  more  service  contracts  with such authorized issuers, none of
        S. 6456                            115                           A. 9556

     1  which shall exceed more than twenty years in duration, upon  such  terms
     2  and conditions as the director of the budget and such authorized issuers
     3  shall  agree,  so  as to annually provide to such authorized issuers, in
     4  the  aggregate, a sum not to exceed the annual debt service payments and
     5  related expenses required for the bonds and  notes  issued  pursuant  to
     6  this  section. Any service contract entered into pursuant to this subdi-
     7  vision shall provide that the obligation of the state to pay the  amount
     8  therein  provided  shall  not  constitute a debt of the state within the
     9  meaning of any constitutional or statutory provision and shall be deemed
    10  executor only to the extent of monies available and  that  no  liability
    11  shall  be  incurred  by  the  state beyond the monies available for such
    12  purposes, subject to annual appropriation by the legislature.  Any  such
    13  contract  or  any payments made or to be made thereunder may be assigned
    14  or pledged by such authorized issuers as  security  for  its  bonds  and
    15  notes, as authorized by this section.
    16    §  41.    Subdivision  8  of section 68-b of the state finance law, as
    17  added by section 2 of part I of chapter 383 of  the  laws  of  2001,  is
    18  amended to read as follows:
    19    8.  Revenue  bonds  may  only  be  issued  for authorized purposes, as
    20  defined in section sixty-eight-a of this  article.  Notwithstanding  the
    21  foregoing,  any  authorized  issuer may issue revenue bonds [in place of
    22  (a) housing program bonds or notes as authorized by  section  forty-sev-
    23  en-e  of the private housing finance law, (b) bonds to finance the state
    24  match for federal capitalization grants for the  purpose  of  any  state
    25  revolving  fund  as  authorized  by  paragraph (a) of subdivision one of
    26  section twelve hundred ninety of the  public  authorities  law  and  (c)
    27  certificates  of  participation  as authorized by article five-a of this
    28  chapter] for any authorized purpose of any other such authorized issuer.
    29  The authorized issuers shall not issue any revenue bonds in an amount in
    30  excess  of  statutory  authorizations  for  such  authorized   purposes.
    31  Authorizations  for  such  authorized  purposes  shall  be reduced in an
    32  amount equal to the amount of revenue bonds issued for  such  authorized
    33  purposes  under  this  article.  Such  reduction  shall  not  be made in
    34  relation to revenue bonds issued to fund  reserve  funds,  if  any,  and
    35  costs of issuance, if these items are not counted under existing author-
    36  izations,  nor  shall  revenue bonds issued to refund bonds issued under
    37  existing authorizations reduce the amount of such authorizations.
    38    § 42. Subdivision 4 of section 66-b  of  the  state  finance  law,  as
    39  amended  by  section 17 of part II of chapter 59 of the laws of 2004, is
    40  amended to read as follows:
    41    4. [Notwithstanding] Subject to the provisions of  chapter  fifty-nine
    42  of the laws of two thousand, but notwithstanding any other provisions of
    43  law to the contrary, the maximum amount of certificates of participation
    44  or similar instruments representing periodic payments due from the state
    45  of  New  York,  issued  on behalf of state departments and agencies, the
    46  city university of New York and any other state entity otherwise  speci-
    47  fied  after  March thirty-first, two thousand three shall be two hundred
    48  [thirty-three] seventy-three  million  dollars.  Such  amount  shall  be
    49  exclusive of certificates of participation or similar instruments issued
    50  to  fund  a  reserve  fund  or  funds,  costs  of issuance and to refund
    51  outstanding certificates of participation.
    52    § 43.  This act shall take effect immediately and shall be  deemed  to
    53  have been in full force and effect on and after April 1, 2006; provided,
    54  that  section thirty-nine of this act shall take effect on the same date
    55  as the reversion of section 69-c of the state finance law as provided in
    56  section 39 of part Y of chapter 61 of the laws of 2005, as amended;  and
        S. 6456                            116                           A. 9556

     1  provided,  further, however, that sections one, three, four, fifteen and
     2  seventeen through twenty-four of this act shall expire March  31,  2007,
     3  when,  upon  such  date, the provisions of such sections shall be deemed
     4  repealed.

     5                                   PART I

     6    Section  1. Section 64 of the civil service law is amended by adding a
     7  new subdivision 3-a to read as follows:
     8    3-a. Temporary appointments without examination for projects in infor-
     9  mation technology. Notwithstanding subdivisions one, two, and  three  of
    10  this section or any other provision of law, the department may authorize
    11  a  temporary  appointment  without examination when the person appointed
    12  will render professional, scientific, technical or other expert services
    13  on a full-time or regular part-time basis in a temporary position estab-
    14  lished to design, develop or implement a project that is related to  the
    15  utilization of information technologies. Such appointment may be author-
    16  ized  only  in a case where, because of the nature of the services to be
    17  rendered and the temporary character of such services, it would  not  be
    18  practicable  to  hold an examination. The maximum term for such appoint-
    19  ment shall not exceed sixty months.
    20    § 2. The retirement and social security law is amended by adding a new
    21  article 21 to read as follows:
    22                                  ARTICLE 21
    23                        DEFINED CONTRIBUTION BENEFIT
    24  Section 1100. Definitions.
    25          1101. Defined contribution program established.
    26          1102. Rates of contribution.
    27          1103. Enrollment.
    28          1104. Disability benefit.
    29          1105. Death benefit.
    30          1106. Social security.
    31          1107. Inconsistent provisions of other acts superseded.
    32    § 1100. Definitions. Wherever used in this article the following terms
    33  shall have the following meanings:
    34    1. The term "appointed employee" and "appointed employees" mean  those
    35  employees  appointed to positions as described in subdivision three-a of
    36  section sixty-four of the civil service law.
    37    2. The  term  "defined  contribution  program"  means  the  retirement
    38  program established pursuant to this article.
    39    § 1101. Defined  contribution  program established. 1. There is hereby
    40  established a defined  contribution  program  which  shall  provide  for
    41  retirement  and  death benefits for or on behalf of appointed employees.
    42  Under such program the state and such employees shall contribute, to the
    43  extent authorized or required, to such defined contribution accounts.
    44    2.  The deferred compensation board, as defined in section five of the
    45  state finance law, is hereby authorized  to  provide  for  the  adminis-
    46  tration of such defined contribution program and to perform or authorize
    47  the  performance of such functions as may be necessary for such purposes
    48  in accordance with this article.
    49    § 1102. Rates of contribution. 1. (a) The state shall make a  contrib-
    50  ution  equal  to four percent of each appointed employee's annual wages.
    51  Such contributions shall be known as "basic employer contributions".
    52    (b) The state shall contribute an amount  equal  to  the  contribution
    53  made  by each appointed employee, provided however, that such additional
    54  contributions shall not exceed three percent of each  appointed  employ-
        S. 6456                            117                           A. 9556

     1  ee's  annual  wages.    Such  contributions  shall be known as "matching
     2  employer contributions".
     3    2.  In  the case of any appointed employee, employees shall be allowed
     4  to contribute an amount up to the maximum allowable amount, inclusive of
     5  basic and matching employer contributions, permitted by federal  law  in
     6  26 U.S.C. 457 (b).
     7    3.  No contributions pursuant to subdivision one of this section shall
     8  be made by the state until an appointed  employee's  completion  of  one
     9  year of service and continuance in service thereafter. Employee contrib-
    10  utions,  if  any,  made  during  this  initial  year of service shall be
    11  deducted and held by the deferred compensation board.  At the end of  an
    12  appointed  employee's  initial year of service, a single contribution in
    13  an amount determined pursuant  to  subdivisions  one  and  two  of  this
    14  section,  with  interest at the rate of four per centum per annum, shall
    15  be made by the state, upon audit and warrant of the comptroller, to  the
    16  designated  investment  options, on behalf of such employee continued in
    17  service. In the case of an appointed employee who does not  continue  in
    18  service  with  the  state beyond his or her initial year of service, the
    19  amount of employee contribution, if any, deducted from his or her salary
    20  shall be refunded to him or her, with interest at the rate of  four  per
    21  centum per annum.
    22    § 1103. Enrollment.  1.    Each appointed employee initially appointed
    23  pursuant to subdivision three-a  of  section  sixty-four  of  the  civil
    24  service law, shall automatically be enrolled in the defined contribution
    25  program established by this article.
    26    2.  All  appointed  employees  enrolled  in  the  defined contribution
    27  program shall be ineligible for membership in the  New  York  state  and
    28  local employees' retirement system or any other public retirement system
    29  in  this  state  so long as he or she shall remain continuously employed
    30  pursuant to subdivision three-a  of  section  sixty-four  of  the  civil
    31  service law.
    32    3.  (a)  Any appointed employee who is a member of either the New York
    33  state and local employees' retirement system or any other public retire-
    34  ment system in this state at the time he  or  she  is  enrolled  in  the
    35  defined contribution program established pursuant to this article, shall
    36  be  deemed to be a person who discontinues service on the effective date
    37  of such appointment, for the purpose of determining his or her eligibil-
    38  ity for rights and benefits in such public retirement systems;  provided
    39  however,  that  if  he  or  she does not withdraw his or her accumulated
    40  contributions, (i) his or her continued service  with  the  state  while
    41  under  the  defined  contribution  program  shall be deemed to be member
    42  service in either the New York state  and  local  employees'  retirement
    43  system  or  any  other  public  retirement  system in this state for the
    44  purpose of determining his or her eligibility for any vested  retirement
    45  allowance,  retirement  allowance  or  ordinary  death benefit under any
    46  system dependent upon a  specified  period  of  total  service  or  upon
    47  attainment  of  a  specified age while in service or upon death while in
    48  service; and (ii) the amount of any such benefit to which  an  appointed
    49  employee  or  his  or  her estate or person designated by him or her may
    50  become entitled under any system shall be computed only on the basis  of
    51  service  otherwise  creditable  to  him  or  her  therein and his or her
    52  compensation during such service.
    53    (b) Appointed employees and their beneficiaries shall not be  entitled
    54  to  any  right  or  benefit  under  either  the New York state and local
    55  employees' retirement system or any other public  retirement  system  in
    56  this  state  other than a vested retirement allowance, retirement allow-
        S. 6456                            118                           A. 9556

     1  ance or ordinary death benefit to the extent expressly provided  for  in
     2  this section.
     3    § 1104. Disability  benefit.  1. The department of civil service shall
     4  provide for the purchase of disability insurance for  appointed  employ-
     5  ees.  Coverage  shall  be  equal to one-third of an appointed employee's
     6  salary, less the amount received from social security disability benefit
     7  payments.  To be eligible to receive a disability  benefit  pursuant  to
     8  this  section,  appointed  employees  shall be receiving social security
     9  disability benefits.
    10    2. A disability retirement allowance payable pursuant to this  section
    11  shall be in lieu of the payment of the basic employer contributions made
    12  pursuant to this article.
    13    § 1105.    Death  benefit.  1.  Appointed  employees shall receive the
    14  following financial protection in the event of death in service: a bene-
    15  fit upon the death of a member in service equal to the  member's  salary
    16  upon  his  or  her  completion of one year of service, two years' salary
    17  upon completion of two years of service, and three  years'  salary  upon
    18  completion of three years of service.
    19    2.  For  the  purposes  of this section: (a) the death benefit payable
    20  shall be in lieu of the payment of the basic employer contributions  and
    21  matching employer contributions made pursuant to this article, but shall
    22  not  be  less  than the value of such contributions and (b) the value of
    23  the appointed employee's employee  contributions  shall  be  payable  in
    24  addition to the death benefit payable pursuant to this section.
    25    § 1106.  Social security. Every appointed employee shall have old-age,
    26  survivors,  and  disability  insurance  coverage provided by the federal
    27  social security act in accordance with the provisions of  article  three
    28  of this chapter.
    29    § 1107. Inconsistent  provisions  of other acts superseded. Insofar as
    30  the provisions of this article are inconsistent with the  provisions  of
    31  any  other act, general or special, the provisions of this article shall
    32  be controlling.
    33    § 3. This act shall take effect immediately and  shall  be  deemed  to
    34  have been in full force and effect on and after April 1, 2006.
          FISCAL  NOTE.--This  bill would provide a defined contribution retire-
        ment benefit for certain individuals appointed to positions pursuant  to
        new subdivision 3-a of section 64 of the civil service law.
          The  defined contribution retirement benefit will provide members with
        a basic employer contribution equal to four  percent  of  an  employee's
        salary.  While  there  is  no mandatory employee contribution, the State
        will match up to three percent of optional employee contributions  on  a
        dollar-for-dollar  basis.  This allows for a total State contribution of
        up to seven percent of an employee's salary.
          If this bill is enacted, the  additional  cost  for  each  member  who
        receives  this  benefit  will  vary depending on the member's salary and
        extent of participation under the employer contribution match option.
          It is anticipated that the per member cost will be at least 4  percent
        of a member's salary annually - - with the maximum reaching 7 percent of
        a  member's  salary annually. Due to the very limited number of individ-
        uals affected and expectation that such benefit will be no  more  costly
        than  the traditional benefit which would otherwise be available to such
        individuals, we estimate a negligible cost, if any.
          This estimate was prepared by the New York State Division of the Budg-
        et.

    35                                   PART J
        S. 6456                            119                           A. 9556

     1    Section 1. Subdivision 5 of section 362 of chapter 83 of the  laws  of
     2  1995  amending  the  state finance law and other laws relating to bonds,
     3  notes and revenues, as amended by section 1 of part K of chapter  56  of
     4  the laws of 2005, is amended to read as follows:
     5    5. Sections thirty-one through forty-two of this act shall take effect
     6  on  the  thirtieth  day  after  it  shall have become a law and shall be
     7  deemed to have been in full force and  effect  on  and  after  April  1,
     8  1995[;  provided  that section 163 of the state finance law, as added by
     9  section thirty-three of this act shall remain in full force  and  effect
    10  until  June  30,  2006  at  which  time  it  shall  expire and be deemed
    11  repealed. Contracts executed prior to the expiration of such section 163
    12  shall remain in full force and effect until the expiration of  any  such
    13  contract  notwithstanding  the  expiration of certain provisions of this
    14  act].
    15    § 2. Section 138 of the state  finance  law  is  amended  to  read  as
    16  follows:
    17    §  138.  State  contracts not to be assigned without consent. A clause
    18  shall be inserted in all specifications or contracts hereafter  made  or
    19  awarded  by  the  state,  or  any public department or official thereof,
    20  prohibiting any contractor, to whom any contract shall be  let,  granted
    21  or awarded, as required by law, from assigning, transferring, conveying,
    22  sub-letting  or otherwise disposing of the same, or of his or her right,
    23  title or interest therein, or his power to execute such contract to  any
    24  other  person,  company  or corporation, without the previous consent in
    25  writing of the department or official awarding the same.
    26    If any contractor, to whom any contract is hereafter let,  granted  or
    27  awarded,  as  required by law, by the state, or by any public department
    28  or official thereof, shall, without the previous written consent  speci-
    29  fied in the [first] opening paragraph of this section, assign, transfer,
    30  convey,  sublet  or  otherwise dispose of the same, or his or her right,
    31  title or interest therein, or his or her power to execute such contract,
    32  to any other person, company or other  corporation,  the  state,  public
    33  department  or official, as the case may be, which let, made, granted or
    34  awarded said contract, shall revoke and annul  such  contract,  and  the
    35  state,  public  department  or  officer,  as  the  case may be, shall be
    36  relieved and discharged from any and all liability and obligations grow-
    37  ing out of said contract to such contract, and to the  person,  company,
    38  or  corporation to whom he or she shall assign, transfer, convey, sublet
    39  or otherwise dispose of the same, and said contractor, and  his  or  her
    40  assignee,  transferee, or sub-lessee, shall forfeit and lose all moneys,
    41  theretofore earned under said contract except so much as may be required
    42  to pay his or her employees; provided  that  nothing  [herein]  in  this
    43  section  contained  shall  be  construed to hinder, prevent or affect an
    44  assignment by such contract for the benefit of  his  or  her  creditors,
    45  made pursuant to the statutes of this state.
    46    Notwithstanding the above provisions of this section, the commissioner
    47  of  general  services and state agencies may waive prior written consent
    48  of an assignment, transfer, conveyance, sublease or other disposition of
    49  contracts or monies under a contract let pursuant to article  eleven  of
    50  this  chapter.  Such waiver may be granted under circumstances where the
    51  contractor verifies to the commissioner or state agency, as  applicable,
    52  that the assignment, transfer, conveyance, sublease or other disposition
    53  is  due  to  but not necessarily limited to, a reorganization, merger or
    54  consolidation of the contractor's business  entity  or  enterprise.  The
    55  commissioner  and  state  agencies retain the right, as provided in this
        S. 6456                            120                           A. 9556

     1  section, to accept or reject an assignment, transfer, sublease or  other
     2  disposition by the contractor.
     3    §  3.  Paragraph  (a)  of  subdivision  2  of section 112 of the state
     4  finance law, as amended by chapter 95 of the laws of 2000, is amended to
     5  read as follows:
     6    (a) Before any contract made for or by any state  agency,  department,
     7  board, officer, commission, or institution, except the office of general
     8  services,  shall be executed or become effective, whenever such contract
     9  exceeds [fifteen] fifty  thousand  dollars  in  amount  and  before  any
    10  contract made for or by the office of general services shall be executed
    11  or become effective, whenever such contract exceeds one hundred thousand
    12  dollars  in  amount,  it  shall first be approved by the comptroller and
    13  filed in his or her office,  provided,  however,  that  the  comptroller
    14  shall  make  a  final  written determination with respect to approval of
    15  such contract within ninety days of the submission of such  contract  to
    16  his  or  her office unless the comptroller shall notify, in writing, the
    17  state agency, department, board, officer,  commission,  or  institution,
    18  prior to the expiration of the ninety day period, and for good cause, of
    19  the  need  for  an  extension  [of not more than fifteen days, or] for a
    20  reasonable period of time agreed to by such  state  agency,  department,
    21  board,  officer,  commission, or institution and provided, further, that
    22  such written determination or  extension  shall  be  made  part  of  the
    23  procurement record pursuant to paragraph f of subdivision one of section
    24  one hundred sixty-three of this chapter.
    25    § 4. Subdivision 3 of section 112 of the state finance law, as amended
    26  by chapter 319 of the laws of 1992, is amended to read as follows:
    27    3.  A  contract  or  other  instrument wherein the state or any of its
    28  officers, agencies, boards or commissions agrees to give a consideration
    29  other than the payment of money, when the value or reasonably  estimated
    30  value  of such consideration exceeds [ten] fifty thousand dollars, shall
    31  not become a valid enforceable contract unless such  contract  or  other
    32  instrument  shall  first be approved by the comptroller and filed in his
    33  office.
    34    § 5. Subdivision 3 of section 141 of the economic development law,  as
    35  amended  by  chapter  95  of  the  laws  of  2000, is amended to read as
    36  follows:
    37    3. "Procurement contract" shall mean  any  written  agreement  entered
    38  into  by  an agency for the acquisition of goods or services of any kind
    39  in the actual or estimated amount of [fifteen] fifty thousand dollars or
    40  more. The term does not include an agreement for employment in the civil
    41  service, or documentation  such  as  a  purchase  order,  change  order,
    42  purchase requisition, or request for a best and final pricing.
    43    §  6. Section 145 of the economic development law, as amended by chap-
    44  ter 95 of the laws of 2000, is amended to read as follows:
    45    § 145. Approval of comptroller. The comptroller shall not  approve  or
    46  file  any  procurement contract for the acquisition of goods or services
    47  in the amount of [fifteen] fifty thousand dollars or more unless  notice
    48  as provided in section one hundred forty-two of this article shall first
    49  have been published in the procurement opportunities newsletter at least
    50  fifteen  business  days prior to the date on which a bid or proposal was
    51  due. Provided, however,  such  requirement  of  publication  of  advance
    52  notice  shall  not apply to contracts exempt from such requirement under
    53  section one hundred forty-four of this article; provided  further,  that
    54  the  comptroller  shall  not  be required to disapprove a contract if he
    55  determines that there has been substantial compliance with the  require-
    56  ments  of  section  one hundred forty-two and section one hundred forty-
        S. 6456                            121                           A. 9556

     1  three of this article. The foregoing provisions of  this  section  shall
     2  not  be  construed to limit, in any manner, the right of the comptroller
     3  to demand evidence of adequate competition or such other  proofs  as  he
     4  may require in the discharge of his responsibilities pursuant to section
     5  one  hundred  twelve  of the state finance law or any other provision of
     6  law.
     7    § 7. Subdivision 6 of section 163 of the state finance law, as amended
     8  by chapter 95 of the laws of 2000, is amended to read as follows:
     9    6. Discretionary buying thresholds. Pursuant to guidelines established
    10  by the state procurement council: the commissioner may purchase services
    11  and commodities in an amount not exceeding [fifty] one hundred  thousand
    12  dollars  without  a  formal  competitive  process;  state  agencies  may
    13  purchase services and commodities in an amount not  exceeding  [fifteen]
    14  fifty  thousand  dollars  without  a  formal  competitive  process;  and
    15  notwithstanding the provisions of subdivisions two and three of  section
    16  one  hundred  twelve  of  this  chapter relating to the dollar threshold
    17  requiring the state comptroller's approval of contracts, or  the  notice
    18  requirements  of  article  four-C of the economic development law, state
    19  agencies may  purchase  commodities  or  services  from  small  business
    20  concerns  or those certified pursuant to article fifteen-A of the execu-
    21  tive law, or commodities or technology that are recycled  or  remanufac-
    22  tured,  in  an amount not exceeding [fifty] one hundred thousand dollars
    23  without a formal competitive process.
    24    § 8. Subdivision 6-a of section 163 of the state finance law, as added
    25  by chapter 95 of the laws of 2000, is amended to read as follows:
    26    6-a.  Discretionary  purchases.  Notwithstanding  the  provisions   of
    27  [subdivision]  subdivisions  two and three of section one hundred twelve
    28  of this chapter relating to the dollar  threshold  requiring  the  state
    29  comptroller's  approval  of contracts, or article four-C of the economic
    30  development law, the commissioner of general services may make purchases
    31  or enter into contracts for the acquisition of commodities and  services
    32  having  a  value  not  exceeding [thirty] fifty thousand dollars without
    33  prior approval by any other state officer or agency in  accordance  with
    34  procedures and requirements set forth in this article.
    35    §  9. Paragraph a of subdivision 1 of section 161 of the state finance
    36  law, as added by chapter 83 of the laws of 1995, is amended to  read  as
    37  follows:
    38    a.  The state procurement council shall continuously strive to improve
    39  the state's procurement process.  Such council shall consist  of  [nine-
    40  teen]  twenty-three members, including the commissioner, the state comp-
    41  troller, the director of the budget, the  director  of  the  office  for
    42  technology  and  the  commissioner  of  economic  development,  or their
    43  respective designees; [seven] ten members who  shall  be  the  heads  of
    44  other  large  and  small state agencies chosen by the governor, or their
    45  respective designees; and eight at large members appointed  as  follows:
    46  three  appointed  by  the temporary president of the senate, one of whom
    47  shall be a representative of local government and one of whom shall be a
    48  representative of private business; three appointed by  the  speaker  of
    49  the  assembly, one of whom shall be a representative of local government
    50  and one of whom shall be  a  representative  of  private  business;  one
    51  appointed  by  the  minority leader of the senate; and, one appointed by
    52  the minority leader  of  the  assembly;  and  two  non-voting  observers
    53  appointed  as  follows:  one appointed by the temporary president of the
    54  senate and one appointed by the speaker of the assembly. The  non-voting
    55  observers  shall  be  provided, contemporaneously, all documentation and
    56  materials distributed to members. The council shall be  chaired  by  the
        S. 6456                            122                           A. 9556

     1  commissioner  and  shall  meet  [at  least]  quarterly, or more often as
     2  determined by the commissioner to be necessary and appropriate.
     3    §  10.  The state finance law is amended by adding a new section 161-a
     4  to read as follows:
     5    § 161-a. Advisory council on vendor responsibility database. 1.  There
     6  is hereby established an advisory council on vendor responsibility data-
     7  base. Such council shall be composed of eleven members as follows:
     8    a. the commissioner or his or her designee, who shall be chair;
     9    b.  the  state comptroller, or his or her designee, who shall be vice-
    10  chair;
    11    c. the attorney general, or his or her designee;
    12    d. the director of the division of the budget, or his or her designee;
    13    e. the director of the office of technology, or his or her designee;
    14    f. the commissioner of transportation, or his or her designee;
    15    g. two members appointed by the governor as follows:  (i)  one  member
    16  shall  be  a  representative  of  local governments, and (ii) one member
    17  shall be a representative of the contracting community;
    18    h. one member appointed by the temporary president of the senate;
    19    i. one member appointed by the speaker of the assembly; and
    20    j. one member appointed by the chief judge of the court of appeals.
    21    2. The members of the advisory council on vendor responsibility  data-
    22  base  shall  receive  no  compensation  for their services, but shall be
    23  allowed their actual and necessary expenses incurred in the  performance
    24  of their duties.
    25    3.  The advisory council on vendor responsibility database shall study
    26  and make recommendations to the governor and the legislature relative to
    27  the advisability of establishing a centralized  repository  of  relevant
    28  data  and  information  with  respect  to the responsibility of proposed
    29  contractors for contract awards. In conducting such review and study and
    30  in the development of recommendations about the  feasibility  of  imple-
    31  menting  a database, such council shall consider, but is not limited to,
    32  issues such as what data and information are to be collected, its  rele-
    33  vance  to the type and value of the procurement, how often such informa-
    34  tion shall be collected,  how  such  information  may  be  accessed  and
    35  disseminated  by  state  agencies and the business community, protecting
    36  trade secrets or other proprietary business enterprise data and informa-
    37  tion, processes for providing due process to proposed  contractors,  and
    38  disposition  or destruction of old data and information. All state agen-
    39  cies shall cooperate and  work  with  the  advisory  council  on  vendor
    40  responsibility  database  in the study of the need and use of a central-
    41  ized repository for vendor responsibility. Such council is charged  with
    42  meeting  with  the  contracting  community  to  discuss their issues and
    43  consider their recommendations relative to vendor responsibility and the
    44  advisability of a centralized repository.
    45    4. If the advisory council on vendor responsibility database concludes
    46  that a centralized repository for vendor  responsibility  is  advisable,
    47  then the study shall also provide for a strategic plan for the implemen-
    48  tation of such system.
    49    5.  The advisory council on vendor responsibility database shall on or
    50  before January first, two thousand seven submit a report on  the  feasi-
    51  bility  of  implementing  a vendor responsibility database including the
    52  study to the governor and legislature.
    53    § 11. Paragraph c of subdivision 1 of section 163 of the state finance
    54  law, as added by chapter 83 of the laws of 1995, is amended to  read  as
    55  follows:
        S. 6456                            123                           A. 9556

     1    c.  "Responsible"  or  "responsibility" shall have the same meaning as
     2  such terms have been interpreted prior to the  effective  date  of  this
     3  article  and  as further interpreted subsequent to the effective date of
     4  this article.
     5    § 12. Paragraph e of subdivision 4 of section 163 of the state finance
     6  law, as amended by chapter 95 of the laws of 2000, is amended to read as
     7  follows:
     8    e.  [Any officer, body or agency of a political subdivision as defined
     9  in section one hundred of the general municipal law or a district there-
    10  in, may make  purchases  of  services  through  the  office  of  general
    11  services'  centralized contracts for services, subject to the provisions
    12  of section one hundred four of the general municipal  law.  The  commis-
    13  sioner  may  permit  and  prescribe  the  conditions for the purchase of
    14  services through the office of general services'  centralized  contracts
    15  for  services  by  any public authority or public benefit corporation of
    16  the state including the port authority of New York and New  Jersey.  The
    17  commissioner  is  authorized  to  permit any public library, association
    18  library, library  system,  cooperative  library  system,  the  New  York
    19  Library  Association,  and  the  New  York  State Association of Library
    20  Boards or any other library except  those  which  are  operated  by  for
    21  profit  entities,  to  make  purchases of services through the office of
    22  general services' centralized contracts; provided,  however,  that  such
    23  entity so empowered shall accept sole responsibility for any payment due
    24  with respect to such purchase.] The commissioner is authorized to permit
    25  any  officer,  body or agency of the state or of a political subdivision
    26  or a district therein, or fire company or volunteer ambulance service as
    27  defined in section one hundred of the general  municipal  law,  to  make
    28  purchases  of  services through the office of general services' central-
    29  ized contracts, subject to the provisions of section one hundred four of
    30  the general municipal law, or any public library,  association  library,
    31  library system, cooperative library system, the New York Library Associ-
    32  ation, and the New York State Association of Library Boards or any other
    33  library,  except those which are operated by for profit entities, or any
    34  other association or entity as specified in state law, to make purchases
    35  of  services  through  the  office  of  general  services'   centralized
    36  contracts; provided, however, that such entity so empowered shall accept
    37  sole  responsibility  for any payment due with respect to such purchase.
    38  The commissioner may permit and prescribe the  conditions  for  (i)  any
    39  association, consortium or group of privately owned or municipal, feder-
    40  al  or  state owned or operated hospitals, medical schools, other health
    41  related facilities or voluntary ambulance services, which  have  entered
    42  into  a  contract and made mutual arrangements for the joint purchase of
    43  services pursuant to section twenty-eight hundred three-a of the  public
    44  health  law;  (ii) any institution for the instruction of the deaf or of
    45  the blind listed in section forty-two hundred one of the education  law;
    46  (iii)  any  qualified non-profit-making agency for the blind approved by
    47  the commissioner of temporary and disability assistance; (iv) any quali-
    48  fied charitable  non-profit-making  agency  for  the  severely  disabled
    49  approved  by the commissioner of education; (v) any hospital or residen-
    50  tial health care facility as defined in section twenty-eight hundred one
    51  of the public health law; (vi) any private not-for-profit mental hygiene
    52  facility as defined in section 1.03 of the mental hygiene law; (vii) any
    53  public authority or public benefit corporation of  the  state  including
    54  the  port  authority of New York and New Jersey and the interstate envi-
    55  ronmental commission, to make purchases using centralized contracts  for
    56  services  and  (viii)  any  postsecondary  institution  chartered by the
        S. 6456                            124                           A. 9556

     1  regents pursuant to section two hundred sixteen of the education law  or
     2  incorporated under a special act of the legislature.
     3    § 13. Subdivision 5 of section 163 of the state finance law is amended
     4  by adding a new paragraph c to read as follows:
     5    c. No state agency may avoid the requirements of this section by arti-
     6  ficially  splitting or dividing a single contract, or by entering into a
     7  series of contracts during a sixty day period for the  same  or  similar
     8  commodities and services.
     9    §  14. Subdivision 4 of section 167 of the state finance law, as added
    10  by chapter 83 of the laws of 1995, is amended to read as follows:
    11    4. Where the commissioner has  determined  personal  property  of  the
    12  state  shall  be sold, the availability of such property shall be adver-
    13  tised at least once prior to sale in a local newspaper.  Such advertise-
    14  ment shall identify the property, the place where the terms of sale  may
    15  be obtained and the date upon which offers will be received. In cases of
    16  emergency  or  special  circumstances,  such  notice may be waived if at
    17  least three separate and independent offers are solicited and  obtained.
    18  Notwithstanding  the  above  provisions  of  this subdivision, where the
    19  property will be sold by public auction over the Internet,  such  notice
    20  may  be  waived  if notification of the availability of such property is
    21  provided on the office of general services' website five  business  days
    22  prior  to  sale.  Every  such  sale  shall  be made to the highest offer
    23  complying with the terms of sale and all proceeds of such sales shall be
    24  deposited to the credit of the general fund of the state  unless  other-
    25  wise  required by law. A record of each sale shall be retained and shall
    26  be subject to audit.
    27    § 15. Subdivision 1 of section 103 of the general  municipal  law,  as
    28  amended  by  chapter  741  of  the  laws  of 2005, is amended to read as
    29  follows:
    30    1. Except as otherwise expressly provided by an act of the legislature
    31  or by a local law adopted prior to  September  first,  nineteen  hundred
    32  fifty-three,  all  contracts for public work involving an expenditure of
    33  more than [twenty] fifty thousand dollars  and  all  purchase  contracts
    34  involving  an  expenditure  of  more than [ten] twenty thousand dollars,
    35  shall be awarded by the appropriate officer, board or agency of a  poli-
    36  tical  subdivision  or of any district therein including but not limited
    37  to a soil  conservation  district,  to  the  lowest  responsible  bidder
    38  furnishing  the required security after advertisement for sealed bids in
    39  the manner provided by  this  section.    No  political  subdivision  or
    40  district  may  avoid  the  requirements  of this section by artificially
    41  splitting or dividing a single contract, or by entering into a series of
    42  contracts during a sixty day period for the same type  of  work  or  the
    43  same  or  similar  commodities. In any case where a responsible bidder's
    44  gross price is reducible by an allowance for the value of  used  machin-
    45  ery, equipment, apparatus or tools to be traded in by a political subdi-
    46  vision,  the  gross  price shall be reduced by the amount of such allow-
    47  ance, for the purpose of determining the low bid. In cases where two  or
    48  more responsible bidders furnishing the required security submit identi-
    49  cal  bids  as  to  price,  such  officer,  board or agency may award the
    50  contract to any of such bidders. Such officer, board or agency  may,  in
    51  his  or  her  or its discretion, reject all bids and readvertise for new
    52  bids in the manner provided  by  this  section.  For  purposes  of  this
    53  section,  "sealed  bids",  as  that  term applies to purchase contracts,
    54  shall include bids submitted in an electronic format, provided that  the
    55  governing board of the political subdivision or district, by resolution,
    56  has  authorized  the receipt of bids in such format. Submission in elec-
        S. 6456                            125                           A. 9556

     1  tronic format may not, however, be required as the sole method  for  the
     2  submission  of  bids.  Bids  submitted  in an electronic format shall be
     3  transmitted by bidders to the receiving device designated by  the  poli-
     4  tical  subdivision  or  district.  Any method used to receive electronic
     5  bids shall comply with article three of the state  technology  law,  and
     6  any  rules  and  regulations promulgated and guidelines developed there-
     7  under and, at a minimum, must (a) document the time and date of  receipt
     8  of  each  bid  received electronically; (b) authenticate the identity of
     9  the sender; (c) ensure the security of the information transmitted;  and
    10  (d) ensure the confidentiality of the bid until the time and date estab-
    11  lished  for  the opening of bids. The timely submission of an electronic
    12  bid in compliance with instructions provided for such submission in  the
    13  advertisement  for bids and/or the specifications shall be the responsi-
    14  bility solely of each bidder or prospective bidder. No political  subdi-
    15  vision  or  district therein shall incur any liability from delays of or
    16  interruptions in the receiving device designated for the submission  and
    17  receipt of electronic bids.
    18    §  16.  Subdivision  (a)  of section 41 of part X of chapter 62 of the
    19  laws of 2003 amending the general  municipal  law  and  the  county  law
    20  relating  to  expanding  the  authority  of  a  political subdivision or
    21  district to purchase materials or contract for services is REPEALED  and
    22  subdivisions (b) and (c) are relettered paragraphs (a) and (b).
    23    §  17.  Subdivision  5 of section 103 of the general municipal law, as
    24  amended by chapter 413 of the laws  of  1991,  is  amended  to  read  as
    25  follows:
    26    5.  Upon  the  adoption  of  a resolution by a vote of at least three-
    27  fifths of all the members of the governing body of a political  subdivi-
    28  sion  or  district  therein  stating  that, for reasons of efficiency or
    29  economy, there is need for standardization,  purchase  contracts  for  a
    30  particular type or kind of equipment, material or supplies [of more than
    31  ten  thousand  dollars]  in  excess  of the monetary threshold fixed for
    32  purchase contracts in this section may be  awarded  by  the  appropriate
    33  officer,  board  or  agency  of  such  political subdivision or any such
    34  district therein,  to  the  lowest  responsible  bidder  furnishing  the
    35  required  security  after  advertisement for sealed bids therefor in the
    36  manner provided in this section. Such resolution shall  contain  a  full
    37  explanation of the reasons for its adoption.
    38    §  18.  (a)  Notwithstanding  any law to the contrary, the division of
    39  minority and women's business development, created pursuant  to  section
    40  117 of the economic development law, is hereby directed to study:
    41    (i)  current  levels  of  minority and women-owned business enterprise
    42  qualification for and participation in state public works contracts  and
    43  contracts  for  commodities  and  services; and (ii) minority and women-
    44  owned business enterprise participation relative to other contractors by
    45  market-area, region or other appropriate geographic or statistical area.
    46    (b) Such division shall solicit input from operators of  minority  and
    47  women-owned  business enterprises and make recommendations based on such
    48  input including, but not limited to, changes to  state  law,  regulation
    49  and  policy,  necessary  to foster and promote the prosperity, expansion
    50  and development of minority and women-owned business enterprises  within
    51  the state.
    52    (c)  Such  division  shall submit its study and recommendations in the
    53  form of a report to the governor and the legislature on or before  Janu-
    54  ary 1, 2007.
    55    §  19.  This act shall take effect immediately; provided that procure-
    56  ment contracts for which bid solicitations have been issued prior to the
        S. 6456                            126                           A. 9556

     1  effective date of this act shall be awarded pursuant to  the  provisions
     2  of law in effect at the time of issuance of the bid solicitation.

     3                                   PART K

     4    Section 1. Paragraphs (a) and (b) of subdivision 3 of section 101-b of
     5  the  alcoholic beverage control law, paragraph (a) as amended by chapter
     6  647 of the laws of 1989 and paragraph (b) as amended by chapter  669  of
     7  the laws of 1989, are amended to read as follows:
     8    (a)  No  brand  of  liquor  or wine shall be sold to or purchased by a
     9  wholesaler, irrespective of the place of  sale  or  delivery,  unless  a
    10  schedule,  as  provided  by this section, is [filed with] transmitted to
    11  and received by the liquor authority, and is then in effect. Such sched-
    12  ule shall be [in writing duly verified,  and  filed  in  the  number  of
    13  copies  and  form  as  required  by  the  authority,] transmitted to the
    14  authority in such form, manner, medium and format as the  authority  may
    15  direct;  shall  be  deemed  duly  verified by the person submitting such
    16  schedule upon its transmission to the authority; and shall contain, with
    17  respect to each item, the exact brand or trade name, capacity  of  pack-
    18  age,  nature  of  contents, age and proof where stated on the label, the
    19  number of bottles contained in each case, the bottle and case  price  to
    20  wholesalers,  the  net  bottle  and case price paid by the seller, which
    21  prices, in each instance, shall be individual for each item and  not  in
    22  "combination"  with  any other item, the discounts for quantity, if any,
    23  and the discounts for time of payment, if any. Such brand of  liquor  or
    24  wine  shall not be sold to wholesalers except at the price and discounts
    25  then in effect unless prior  written  permission  of  the  authority  is
    26  granted  for  good cause shown and for reasons not inconsistent with the
    27  purpose of this chapter. Such schedule shall be [filed]  transmitted  by
    28  (1)  the owner of such brand, or (2) a wholesaler selling such brand and
    29  who is designated as agent for the purpose of filing  such  schedule  if
    30  the owner of the brand is not licensed by the authority, or (3) with the
    31  approval  of the authority, by a wholesaler, in the event that the owner
    32  of the brand is unable to [file] transmit a  schedule  or  designate  an
    33  agent  for  such  purpose.  As  used in this subdivision the term "item"
    34  shall be deemed to include a sealed, pre-wrapped package consisting of a
    35  sealed container of liquor, wine or wine product and  other  merchandise
    36  reasonably  used  in connection with the preparation, storage or service
    37  of liquor, wine or wine products provided that  such  other  merchandise
    38  shall not be potable or edible.
    39    (b)  No  brand  of  liquor  or wine shall be sold to or purchased by a
    40  retailer unless a schedule, as provided by this section, is [filed with]
    41  transmitted to and received by the liquor  authority,  and  is  then  in
    42  effect.  Such  schedule shall be [in writing duly verified, and filed in
    43  the number of copies and form as required by the authority,] transmitted
    44  to the authority in such form, manner, medium and format as the authori-
    45  ty may direct; shall be deemed duly verified by  the  person  submitting
    46  such schedule upon its transmission to the authority; and shall contain,
    47  with  respect  to  each item, the exact brand or trade name, capacity of
    48  package, nature of contents, age and proof where stated  on  the  label,
    49  the  number of bottles contained in each case, the bottle and case price
    50  to retailers, the net bottle and case price paid by  the  seller,  which
    51  prices,  in  each instance, shall be individual for each item and not in
    52  "combination" with any other item, the discounts for quantity,  if  any,
    53  and  the  discounts for time of payment, if any. Such brand of liquor or
    54  wine shall not be sold to retailers except at the  price  and  discounts
        S. 6456                            127                           A. 9556

     1  then  in  effect  unless  prior  written  permission of the authority is
     2  granted for good cause shown and for reasons not inconsistent  with  the
     3  purpose  of  this chapter. Such schedule shall be [filed] transmitted by
     4  each manufacturer selling such brand to retailers and by each wholesaler
     5  selling such brand to retailers.
     6    §  2.  Subdivision  3  of section 17 of the alcoholic beverage control
     7  law, as separately amended by section 1 of part  L  of  chapter  62  and
     8  chapter 522 of the laws of 2003, is amended to read as follows:
     9    3. To revoke, cancel or suspend for cause any license or permit issued
    10  under  this  chapter  and/or to impose a civil penalty for cause against
    11  any holder of a license or permit issued pursuant to this  chapter.  Any
    12  civil  penalty  so imposed shall not exceed the sum of [ten] fifty thou-
    13  sand dollars per violation as against the holder of  any  retail  permit
    14  issued  pursuant  to  sections  ninety-five, ninety-seven, ninety-eight,
    15  ninety-nine-d  and  paragraph  f   of   subdivision   one   of   section
    16  ninety-nine-b  of  this  chapter and as against the holder of any retail
    17  license issued pursuant to  sections  fifty-two,  fifty-three-a,  fifty-
    18  four,  fifty-four-a,  fifty-five, fifty-five-a, sixty-three, sixty-four,
    19  sixty-four-a, sixty-four-b, sixty-four-c, seventy-nine,  eighty-one  and
    20  eighty-one-a  of this chapter, and the sum of [thirty] one hundred thou-
    21  sand dollars per violation as against the holder  of  a  license  issued
    22  pursuant  to  sections fifty-three, seventy-six, seventy-six-a, seventy-
    23  six-f, and seventy-eight of this chapter, provided that the civil penal-
    24  ty against the holder of a wholesale license issued pursuant to  section
    25  fifty-three  of  this  chapter  shall  not exceed the sum of [ten] fifty
    26  thousand dollars per violation where that licensee  violates  provisions
    27  of  this  chapter  during  the course of the sale of beer at retail to a
    28  person for consumption at home,  and  the  sum  of  [one  hundred]  four
    29  hundred  thousand  dollars  per  violation  as against the holder of any
    30  license issued pursuant to sections fifty-one, sixty-one  and  sixty-two
    31  of  this  chapter.  Any civil penalty so imposed shall be in addition to
    32  and separate and apart  from  the  terms  and  provisions  of  the  bond
    33  required  pursuant  to  section  one  hundred  twelve  of  this chapter.
    34  Provided that no appeal is pending  on  the  imposition  of  such  civil
    35  penalty, in the event such civil penalty imposed by the division remains
    36  unpaid,  in  whole  or  in part, more than forty-five days after written
    37  demand for payment has been sent by first class mail to the  address  of
    38  the  licensed  premises, a notice of impending default judgment shall be
    39  sent by first class mail to the licensed premises  and  by  first  class
    40  mail  to  the  last known home address of the person who signed the most
    41  recent license application. The notice  of  impending  default  judgment
    42  shall  advise  the licensee: (a) that a civil penalty was imposed on the
    43  licensee; (b) the date the penalty was imposed; (c) the  amount  of  the
    44  civil  penalty;  (d) the amount of the civil penalty that remains unpaid
    45  as of the date of the notice; (e) the violations  for  which  the  civil
    46  penalty  was imposed; and (f) that a judgment by default will be entered
    47  in the supreme court of the county in which the  licensed  premises  are
    48  located,  or  other  court  of  civil  jurisdiction  or  any other place
    49  provided for the entry of civil judgments within the state of  New  York
    50  unless  the  division  receives  full payment of all civil penalties due
    51  within twenty days of the date of the notice of impending default  judg-
    52  ment. If full payment shall not have been received by the division with-
    53  in  thirty  days of mailing of the notice of impending default judgment,
    54  the division shall proceed to enter with such court a statement  of  the
    55  default  judgment  containing  the  amount  of  the penalty or penalties
    56  remaining due and unpaid, along with proof of mailing of the  notice  of
        S. 6456                            128                           A. 9556

     1  impending  default  judgment. The filing of such judgment shall have the
     2  full force and effect of a default  judgment  duly  docketed  with  such
     3  court  pursuant  to  the  civil  practice law and rules and shall in all
     4  respects  be  governed  by  that chapter and may be enforced in the same
     5  manner and with the same effect as that provided by law  in  respect  to
     6  execution issued against property upon judgments of a court of record. A
     7  judgment entered pursuant to this subdivision shall remain in full force
     8  and effect for eight years notwithstanding any other provision of law.
     9    §  3.  Section  17 of the alcoholic beverage control law is amended by
    10  adding a new subdivision 7-a to read as follows:
    11    7-a. To adopt, promulgate, amend and repeal such rules and regulations
    12  as the authority may deem necessary to carry out the provisions of  this
    13  chapter,  and  the  policies and practices of the division in connection
    14  therewith.
    15    § 4. Subdivision 3 of section 65-c of the alcoholic  beverage  control
    16  law,  as  amended by chapter 137 of the laws of 2001, is amended to read
    17  as follows:
    18    3. Any person who unlawfully  possesses  an  alcoholic  beverage  with
    19  intent  to consume may be summoned before and examined by a court having
    20  jurisdiction of that charge; provided, however, that  nothing  contained
    21  herein shall authorize, or be construed to authorize, a peace officer as
    22  defined  in  subdivision  thirty-three  of  section 1.20 of the criminal
    23  procedure law or a police officer as defined in subdivision  thirty-four
    24  of  section 1.20 of such law to arrest a person who unlawfully possesses
    25  an alcoholic beverage with intent to consume. If a determination is made
    26  sustaining such charge the court may impose a fine not exceeding [fifty]
    27  two hundred dollars and/or completion of an  alcohol  awareness  program
    28  established  pursuant  to section 19.25 of the mental hygiene law and/or
    29  an appropriate amount of community service not to exceed thirty hours.
    30    § 5. This  act  shall  take  effect  immediately;  provided,  however,
    31  section  one of this act shall take effect on the first day of the month
    32  one hundred twenty days after it shall have become law.

    33                                   PART L

    34    Section 1. Section 3 of chapter 691 of the laws of 2003  amending  the
    35  general  business law and the executive law relating to enacting the New
    36  York Motor Fuel Marketing Practices Act, is amended to read as follows:
    37    § 3. This act shall take effect immediately [and shall expire  and  be
    38  deemed repealed 3 years after such date].
    39    §  2.  The executive law is amended by adding a new section 75 to read
    40  as follows:
    41    § 75. Reimbursement of reasonable costs  to  the  consumer  protection
    42  board. Notwithstanding any other provisions of law, the attorney general
    43  shall  pay the consumer protection board its ordinary costs and expenses
    44  related to the investigation of any complaint that is  referred  to  the
    45  attorney general pursuant to paragraph b of subdivision three of section
    46  five hundred fifty-three of this chapter and is thereafter prosecuted or
    47  settled  by  the attorney general and which results in the collection of
    48  costs, penalties, judgments or settlement by the attorney general.   The
    49  attorney  general  shall  pay the consumer protection board its ordinary
    50  costs and expenses into the consumer protection account 339.F2 prior  to
    51  the  payment  into the state treasury as required by section one hundred
    52  twenty-one of the state finance law of costs,  penalties,  judgments  or
    53  settlement  collected  pursuant  to  this section.   "Ordinary costs and
    54  expenses" shall  mean  costs  and  expenses  incurred  by  the  consumer
        S. 6456                            129                           A. 9556

     1  protection  board  as a consequence of an investigation of any complaint
     2  received pursuant to paragraph a of  subdivision  two  of  section  five
     3  hundred fifty-three of this chapter.
     4    §  3.  This  act  shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after April 1, 2006.

     6                                   PART M

     7    Section 1. Subdivision 3 of section 97-bb of the state finance law, as
     8  added by chapter 309 of the laws of 1996, is amended to read as follows:
     9    3. Monies of  the  criminal  justice  improvement  account,  following
    10  appropriation  by  the legislature and allocation by the director of the
    11  budget shall be made available for local assistance [services]  programs
    12  to  support  law  enforcement  efforts  to  control and reduce crime and
    13  expenses of programs to provide services to crime victims and witnesses,
    14  and for payments to victims in accordance with the federal crime control
    15  act of 1984, as administered pursuant to article twenty-two of the exec-
    16  utive law.
    17    § 2. This act shall take effect immediately and  shall  be  deemed  to
    18  have been in full force and effect on and after April 1, 2006.

    19                                   PART N

    20    Section  1.  Section  401 of the vehicle and traffic law is amended by
    21  adding a new subdivision 5-b to read as follows:
    22    5-b. Denial of registration or renewal for certain violations.  If  at
    23  the time of application for a registration or renewal thereof there is a
    24  notification  from  or  on  behalf  of  the division of criminal justice
    25  services, and any agency, division or authority so  designated  by  such
    26  division,  that the registrant or his representative failed to answer or
    27  failed to pay any penalty imposed by such division, agency or  authority
    28  following  the  entry  of a final decision of liability in response to a
    29  total of three or more notices of liability, issued within  an  eighteen
    30  month  period,  charging  the  registrant  was liable in accordance with
    31  section eleven hundred eighty-one-a of this chapter for a  violation  of
    32  paragraph  two  of  subdivision (d) or subdivision (f) of section eleven
    33  hundred eighty of this chapter or with section  eleven  hundred  eighty-
    34  one-b  of this chapter for a violation of subdivision (a) or subdivision
    35  (b) or paragraph one of subdivision (d) of section eleven hundred eighty
    36  of this chapter, the commissioner, or his agent shall deny the registra-
    37  tion or renewal application until the applicant provides proof from  the
    38  division that the registrant has appeared in response to such notices of
    39  liability  or  has  paid  such  penalty.  Where an application is denied
    40  pursuant to this section, the commissioner may, in his discretion,  deny
    41  a  registration  or renewal application to any other person for the same
    42  vehicle and may deny a registration or renewal application for any other
    43  motor vehicle registered in the name of the applicant where the  commis-
    44  sioner  has  determined  that such registrant's intent has been to evade
    45  the purposes of this subdivision and where the commissioner has  reason-
    46  able  grounds to believe that such registration or renewal will have the
    47  effect of defeating the purposes of this subdivision.  Such denial shall
    48  only remain in effect as long as the notices of liability  remain  unan-
    49  swered or the penalties unpaid.
    50    § 2. Section 510 of the vehicle and traffic law is amended by adding a
    51  new subdivision 4-f to read as follows:
        S. 6456                            130                           A. 9556

     1    4-f. Suspension of registration for failure to answer or pay penalties
     2  with  respect  to certain violations. Upon the receipt of a notification
     3  by or on behalf of the division of criminal justice  services,  and  any
     4  agency,  division  or  authority so designated by such division, that an
     5  owner  of  a  motor  vehicle has, for a period of thirty days, failed to
     6  answer or failed to pay any penalty imposed following  the  entry  of  a
     7  final  decision  of  liability  by such division, agency or authority in
     8  response to ten or more notices of liability charging such owner with  a
     9  violation  of  paragraph  two  of  subdivision (d) or subdivision (f) of
    10  section eleven hundred eighty of this chapter  in  accordance  with  the
    11  provisions  of  section  eleven hundred eighty-one-a of this chapter, or
    12  with a violation of subdivision (a) or subdivision (b) or paragraph  one
    13  of  subdivision  (d) of section eleven hundred eighty of this chapter in
    14  accordance with the provisions of section eleven hundred eighty-one-b of
    15  this chapter, the commissioner, or his agent shall suspend the registra-
    16  tion of the vehicle or vehicles involved in the violation or the  privi-
    17  lege  of  operation  of  any motor vehicle owned by the registrant. Such
    18  suspension shall take effect no less than thirty days from the  date  on
    19  which  notice  thereof  is sent by the commissioner, to the person whose
    20  registration or privilege is suspended and shall remain in effect  until
    21  such registrant has appeared in response to such notices of liability or
    22  has paid such penalty.
    23    §  3.  The  vehicle and traffic law is amended by adding a new section
    24  1181-a to read as follows:
    25    § 1181-a. Owner liability for operation in excess of certain work zone
    26  speed limits. 1. Notwithstanding any other provision of law, in  accord-
    27  ance  with  this  section  and  rules and regulations promulgated by the
    28  division of criminal justice  services,  and  any  agency,  division  or
    29  authority  so  designated  by  such  division,  is hereby authorized and
    30  empowered to establish a photo-monitoring program and to impose monetary
    31  liability on the owner of a vehicle which is operated  in  excess  of  a
    32  maximum  speed limit in violation of paragraph two of subdivision (d) or
    33  subdivision (f) of section eleven hundred eighty  of  this  article  for
    34  failing to obey work zone speed limits. The commissioner shall determine
    35  the  location  of  the  work zones in which the photo-monitoring program
    36  shall be established in consultation  with  the  superintendent  of  the
    37  division  of  state  police  and  the  commissioner of the department of
    38  transportation. No more than twenty work zones shall have fully  operat-
    39  ing photo-monitoring systems in place at any given time.  Signs alerting
    40  motorists  to  the  presence of photo-monitoring devices shall be placed
    41  approximately three hundred yards in advance of the entrance to the work
    42  zone.
    43    2. The owner of a vehicle shall be liable for a civil penalty  imposed
    44  pursuant  to  this  section  if such vehicle was used or operated by the
    45  owner or was used or operated with the permission of the owner,  express
    46  or implied, and operated in excess of a maximum speed limit in violation
    47  of paragraph two of subdivision (d) or subdivision (f) of section eleven
    48  hundred eighty of this article and such violation is evidenced by infor-
    49  mation  obtained from a photo-monitoring system, provided, however, that
    50  no owner of a vehicle shall be liable for a penalty imposed pursuant  to
    51  this  section where the operator of such vehicle has been convicted of a
    52  violation of section eleven hundred eighty of this article for the  same
    53  incident.
    54    3.  For  purposes  of  this  section,  the term "owner" shall mean any
    55  person, corporation, partnership, firm, agency, association,  lessor  or
    56  organization  who,  at the time of the violation and with respect to the
        S. 6456                            131                           A. 9556

     1  vehicle identified in the notice of liability:  (a) is the beneficial or
     2  equitable owner of such vehicle; or (b) has title to  such  vehicle;  or
     3  (c)  is  the registrant or co-registrant of such vehicle which is regis-
     4  tered  with  the department of motor vehicles of this state or any other
     5  state, territory, district, province, nation or other  jurisdiction;  or
     6  (d)  subject  to  the  limitations  set forth in subdivision ten of this
     7  section, uses such vehicle in its vehicle renting and/or  leasing  busi-
     8  ness;  and includes (e) a person entitled to the use and possession of a
     9  vehicle subject to a security interest in another person.  For  purposes
    10  of this section, the term "photo-monitoring system" shall mean a vehicle
    11  speed  sensor  which automatically produces one or more photographs, one
    12  or more microphotographs, a videotape or other recorded images  of  each
    13  vehicle at the time it is used or operated in violation of paragraph two
    14  of  subdivision  (d) or subdivision (f) of section eleven hundred eighty
    15  of this article. For purposes of this section, the term "vehicle"  shall
    16  mean every device in, upon or by which a person or property is or may be
    17  transported or drawn upon a highway.
    18    4.  A  certificate,  sworn to or affirmed by an agent of the division,
    19  agency or authority which charged that  the  violation  occurred,  or  a
    20  facsimile  thereof,  based  upon  inspection of photographs, microphoto-
    21  graphs, videotape or other recorded images produced by a  photo-monitor-
    22  ing  system shall be prima facie evidence of the facts contained therein
    23  and shall be admissible into evidence in any review of the liability for
    24  such violation.
    25    5. An owner found liable for a violation of paragraph two of  subdivi-
    26  sion  (d)  or  subdivision  (f) of section eleven hundred eighty of this
    27  article pursuant to this section shall be liable for a monetary  penalty
    28  of one hundred dollars.
    29    6.  An imposition of liability pursuant to this section shall be based
    30  upon a preponderance of evidence as submitted. An imposition of  liabil-
    31  ity  pursuant  to  this  section  shall not be deemed a conviction as an
    32  operator and shall not be made  part  of  the  motor  vehicle  operating
    33  record,  furnished  pursuant to section three hundred fifty-four of this
    34  chapter, of the person upon whom such liability is imposed nor shall  it
    35  be  used for insurance purposes in the provision of motor vehicle insur-
    36  ance coverage.
    37    7. (a) A notice of liability shall be sent by first class mail to each
    38  person alleged to be liable as an owner for a violation of paragraph two
    39  of subdivision (d) or subdivision (f) of section eleven  hundred  eighty
    40  of  this  article.  Such notice shall be mailed no later than forty-five
    41  days after the alleged violation. Personal delivery on the  owner  shall
    42  not be required. A manual or automatic record of mailing prepared in the
    43  ordinary course of business shall be prima facie evidence of the mailing
    44  of the notice.
    45    (b)  A  notice  of liability shall contain the name and address of the
    46  person alleged to be liable as an owner for a violation of paragraph two
    47  of subdivision (d) or subdivision (f) of section eleven  hundred  eighty
    48  of this article, the registration number of the vehicle involved in such
    49  violation,  the  location  where such violation took place, the date and
    50  time of such violation, the identification number of the  photo-monitor-
    51  ing  system  which  recorded  the  violation  or  other document locator
    52  number.
    53    (c) The notice of liability shall also  contain  information  advising
    54  the  person  charged  of  the  manner  and time in which such person may
    55  request a copy of the photographs, microphotographs, videotape or  other
    56  recorded  images  produced  by a photo-monitoring system and the certif-
        S. 6456                            132                           A. 9556

     1  icate which charged that the violation occurred. Such request  shall  be
     2  submitted within forty-five days of mailing of the notice of liability.
     3    (d)  The  notice  of  liability shall contain information advising the
     4  person charged of the manner and the time in which such person may chal-
     5  lenge the liability alleged in the  notice.  Such  notice  of  liability
     6  shall  also  contain a warning to advise the person charged that failure
     7  to answer or challenge in the manner and time provided shall  be  deemed
     8  an  admission of liability and that a default judgment may be entered as
     9  a final decision of liability thereon.
    10    (e) Failure to answer a notice of liability within forty-five days  of
    11  mailing  of  the  notice shall result in the entry of a default judgment
    12  and the immediate conversion of the notice of  liability  into  a  final
    13  decision of liability against the owner.
    14    8. Adjudication of a challenge to the liability imposed upon owners by
    15  this  section shall be conducted by a liability review board in a manner
    16  determined by the commissioner  of  the  division  of  criminal  justice
    17  services.  Such  liability review board members will be appointed by the
    18  commissioner of the division of criminal justice services  and  will  be
    19  comprised  of  no  less than three individuals who shall be employees of
    20  the division of criminal justice services. The  liability  review  board
    21  will  accept  written challenges to liability submitted by owners within
    22  forty-five days of mailing of the notice of liability or  within  forty-
    23  five  days of mailing of the photographs, microphotographs, videotape or
    24  other recorded images and  the  certificate,  whichever  is  later.  The
    25  liability  review  board will inspect the photographs, microphotographs,
    26  videotape or other recorded images produced by a photo-monitoring system
    27  and the certificate, or any other written information it deems relevant,
    28  review the owner's written challenge to liability and  the  accuracy  of
    29  the  information  alleged  in the notice of liability, and issue a final
    30  decision of liability within thirty days of receipt of the challenge.
    31    9. If an owner receives a notice of liability pursuant to this section
    32  for any time period during which the vehicle was reported to the  police
    33  department  as  having  been  stolen,  it shall be a valid defense to an
    34  allegation of liability for a violation of paragraph two of  subdivision
    35  (d)  or subdivision (f) of section eleven hundred eighty of this article
    36  that the vehicle had been reported to the police as stolen prior to  the
    37  time the violation occurred and had not been recovered by such time. For
    38  purposes  of asserting the defense provided by this subdivision it shall
    39  be sufficient that a certified copy of the police report on  the  stolen
    40  vehicle be sent by first class mail to the division having jurisdiction.
    41    10. An owner who is a lessor of a vehicle to which a notice of liabil-
    42  ity  was  issued pursuant to subdivision seven of this section shall not
    43  be liable for the violation of  paragraph  two  of  subdivision  (d)  or
    44  subdivision  (f)  of  section  eleven  hundred  eighty  of  this article
    45  provided that he or she sends to the  division  serving  the  notice  of
    46  liability  a  copy  of the rental, lease or other such contract document
    47  covering such vehicle on the date of the violation, with  the  name  and
    48  address  of the lessee clearly legible, within thirty days after receiv-
    49  ing the original notice of liability. Failure to send  such  information
    50  within  such  thirty  day time period shall render the lessor liable for
    51  the penalty prescribed by this section. Where the lessor  complies  with
    52  the  provisions  of  this subdivision, the lessee of such vehicle on the
    53  date of such violation shall be deemed to be the owner of  such  vehicle
    54  for  purposes  of this section and shall be subject to liability for the
    55  violation of paragraph two of subdivision  (d)  or  subdivision  (f)  of
    56  section  eleven  hundred eighty of this article, provided that the divi-
        S. 6456                            133                           A. 9556

     1  sion mails a notice of liability to the lessee within thirty days  after
     2  receiving  such notice from the lessor. For purposes of this subdivision
     3  the term "lessor" shall mean any person, corporation, firm, partnership,
     4  agency,  association  or organization engaged in the business of renting
     5  or leasing vehicles to any lessee under a  rental  agreement,  lease  or
     6  otherwise  wherein the said lessee has the exclusive use of said vehicle
     7  for any period of time. For  purposes  of  this  subdivision,  the  term
     8  "lessee"  shall mean any person, corporation, firm, partnership, agency,
     9  association or organization that rents, leases or contracts for the  use
    10  of  one or more vehicles and has exclusive use thereof for any period of
    11  time.
    12    11. Except as provided in subdivision ten of this section, if a person
    13  receives a notice of liability pursuant to this section it  shall  be  a
    14  valid defense to an allegation of liability for a violation of paragraph
    15  two  of  subdivision  (d)  or  subdivision (f) of section eleven hundred
    16  eighty of this article that the individual who received  the  notice  of
    17  liability  pursuant  to this section was not the owner of the vehicle at
    18  the time the violation occurred. If the owner liable for a violation  of
    19  paragraph  two  of  subdivision (d) or subdivision (f) of section eleven
    20  hundred eighty of this article pursuant to  this  section  was  not  the
    21  operator  of  the  vehicle  at  the time of the violation, the owner may
    22  maintain an action for indemnification against the operator.
    23    12. Nothing in this section shall be construed to limit the  liability
    24  of an operator of a vehicle for any violation of any provision of law.
    25    13.  Notwithstanding  any  other  provision  of  law, all photographs,
    26  microphotographs, videotape or other recorded images  prepared  pursuant
    27  to  this  section shall be for the use of an authority or a state agency
    28  in the discharge of its duties and shall not be made  available  to  the
    29  public except as expressly provided for in this section.
    30    §  4.  The  vehicle and traffic law is amended by adding a new section
    31  1181-b to read as follows:
    32    § 1181-b. Owner liability for operation in excess  of  certain  posted
    33  speed limits.  1. Notwithstanding any other provision of law, in accord-
    34  ance  with  this  section  and  rules and regulations promulgated by the
    35  division of criminal justice  services,  and  any  agency,  division  or
    36  authority  so  designated  by  such  division,  is hereby authorized and
    37  empowered to establish a photo-monitoring program and to impose monetary
    38  liability on the owner of a vehicle which is operated  in  excess  of  a
    39  maximum  speed  limit in violation of subdivision (a) or subdivision (b)
    40  or paragraph one of subdivision (d) of section eleven hundred eighty  of
    41  this  article  for failing to obey posted speed limits. The commissioner
    42  shall determine the location of the photo-monitoring program in  consul-
    43  tation  with the superintendent of the division of state police. No more
    44  than ten fully operating photo-monitoring systems shall be in  place  at
    45  any given time.  Signs alerting motorists to the presence of photo-moni-
    46  toring  devices  shall  be  placed  approximately three hundred yards in
    47  advance of the location of such device.
    48    2. The owner of a vehicle shall be liable for a civil penalty  imposed
    49  pursuant  to  this  section  if such vehicle was used or operated by the
    50  owner or was used or operated with the permission of the owner,  express
    51  or implied, and operated in excess of a maximum speed limit in violation
    52  of  subdivision  (a)  or subdivision (b) or paragraph one of subdivision
    53  (d) of section eleven hundred eighty of this article and such  violation
    54  is  evidenced  by  information  obtained from a photo-monitoring system,
    55  provided, however, that no owner of a vehicle  shall  be  liable  for  a
    56  penalty  imposed  pursuant  to  this  section where the operator of such
        S. 6456                            134                           A. 9556

     1  vehicle has been convicted of a  violation  of  section  eleven  hundred
     2  eighty of this article for the same incident.
     3    3.  For  purposes  of  this  section,  the term "owner" shall mean any
     4  person, corporation, partnership, firm, agency, association,  lessor  or
     5  organization  who,  at the time of the violation and with respect to the
     6  vehicle identified in the notice of liability: (a) is the beneficial  or
     7  equitable  owner  of  such vehicle; or (b) has title to such vehicle; or
     8  (c) is the registrant or co-registrant of such vehicle which  is  regis-
     9  tered  with  the department of motor vehicles of this state or any other
    10  state, territory, district, province, nation or other  jurisdiction;  or
    11  (d)  subject  to  the  limitations  set forth in subdivision ten of this
    12  section, uses such vehicle in its vehicle renting and/or  leasing  busi-
    13  ness;  and includes (e) a person entitled to the use and possession of a
    14  vehicle subject to a security interest in another person.  For  purposes
    15  of this section, the term "photo-monitoring system" shall mean a vehicle
    16  speed  sensor  which automatically produces one or more photographs, one
    17  or more microphotographs, a videotape or other recorded images  of  each
    18  vehicle  at  the time it is used or operated in violation of subdivision
    19  (a) or subdivision (b) or paragraph one of subdivision  (d)  of  section
    20  eleven hundred eighty of this article. For purposes of this section, the
    21  term  "vehicle" shall mean every device in, upon or by which a person or
    22  property is or may be transported or drawn upon a highway.
    23    4. A certificate, sworn to or affirmed by an agent  of  the  division,
    24  agency  or  authority  which  charged  that the violation occurred, or a
    25  facsimile thereof, based upon  inspection  of  photographs,  microphoto-
    26  graphs,  videotape or other recorded images produced by a photo-monitor-
    27  ing system shall be prima facie evidence of the facts contained  therein
    28  and shall be admissible into evidence in any review of the liability for
    29  such violation.
    30    5.  An owner found liable for a violation of subdivision (a) or subdi-
    31  vision (b) or paragraph one of subdivision (d) of section eleven hundred
    32  eighty of this article pursuant to this section shall be  liable  for  a
    33  monetary penalty of one hundred dollars.
    34    6.  An imposition of liability pursuant to this section shall be based
    35  upon a preponderance of evidence as submitted. An imposition of  liabil-
    36  ity  pursuant  to  this  section  shall not be deemed a conviction as an
    37  operator and shall not be made  part  of  the  motor  vehicle  operating
    38  record,  furnished  pursuant to section three hundred fifty-four of this
    39  chapter, of the person upon whom such liability is imposed nor shall  it
    40  be  used for insurance purposes in the provision of motor vehicle insur-
    41  ance coverage.
    42    7. (a) A notice of liability shall be sent by first class mail to each
    43  person alleged to be liable as an owner for a violation  of  subdivision
    44  (a)  or  subdivision  (b) or paragraph one of subdivision (d) of section
    45  eleven hundred eighty of this article.  Such notice shall be  mailed  no
    46  later  than forty-five days after the alleged violation. Personal deliv-
    47  ery on the owner shall not be required. A manual or automatic record  of
    48  mailing prepared in the ordinary course of business shall be prima facie
    49  evidence of the mailing of the notice.
    50    (b)  The notice of liability shall contain the name and address of the
    51  person alleged to be liable as an owner for a violation  of  subdivision
    52  (a)  or  subdivision  (b) or paragraph one of subdivision (d) of section
    53  eleven hundred eighty of this article, the registration  number  of  the
    54  vehicle  involved  in  such violation, the location where such violation
    55  took place, the date and time of such violation and  the  identification
        S. 6456                            135                           A. 9556

     1  number  of  the  photo-monitoring system which recorded the violation or
     2  other document locator number.
     3    (c)  The  notice  of  liability shall contain information advising the
     4  person charged of the manner and time in which such person may request a
     5  copy of the photographs, microphotographs, videotape or  other  recorded
     6  images  produced  by a photo-monitoring system and the certificate which
     7  charged that the violation occurred. Such  request  shall  be  submitted
     8  within forty-five days of mailing of the notice of liability.
     9    (d)  The  notice  of  liability shall contain information advising the
    10  person charged of the manner and the time in which such person may chal-
    11  lenge the liability alleged in the  notice.  Such  notice  of  liability
    12  shall  also  contain a warning to advise the person charged that failure
    13  to answer or challenge in the manner and time provided shall  be  deemed
    14  an  admission of liability and that a default judgment may be entered as
    15  a final decision of liability thereon.
    16    (e) Failure to answer a notice of liability within forty-five days  of
    17  mailing  of  the  notice shall result in the entry of a default judgment
    18  and the immediate conversion of the notice of  liability  into  a  final
    19  decision of liability against the owner.
    20    8. Adjudication of a challenge to the liability imposed upon owners by
    21  this  section shall be conducted by a liability review board in a manner
    22  determined by the commissioner  of  the  division  of  criminal  justice
    23  services.  Such  liability review board members will be appointed by the
    24  commissioner of the division of criminal justice services  and  will  be
    25  comprised  of  no  less than three individuals who shall be employees of
    26  the division of criminal justice services. The  liability  review  board
    27  will  accept  written challenges to liability submitted by owners within
    28  forty-five days of mailing of the notice of liability or  within  forty-
    29  five  days of mailing of the photographs, microphotographs, videotape or
    30  other recorded images and  the  certificate,  whichever  is  later.  The
    31  liability  review  board will inspect the photographs, microphotographs,
    32  videotape or other recorded images produced by a photo-monitoring system
    33  and the certificate, or any other information it deems relevant,  review
    34  the  owner's  written challenge to liability, review the accuracy of the
    35  information alleged in the notice of liability and issue a  final  deci-
    36  sion of liability within thirty days of receipt of the challenge.
    37    9. If an owner receives a notice of liability pursuant to this section
    38  for  any time period during which the vehicle was reported to the police
    39  department as having been stolen, it shall be  a  valid  defense  to  an
    40  allegation  of  liability for a violation of subdivision (a) or subdivi-
    41  sion (b) or paragraph one of subdivision (d) of section  eleven  hundred
    42  eighty  of this article that the vehicle had been reported to the police
    43  as stolen prior to the time the violation  occurred  and  had  not  been
    44  recovered  by such time.  For purposes of asserting the defense provided
    45  by this subdivision it shall be sufficient that a certified copy of  the
    46  police  report  on the stolen vehicle be sent by first class mail to the
    47  division having jurisdiction.
    48    10. An owner who is a lessor of a vehicle to which a notice of liabil-
    49  ity was issued pursuant to subdivision seven of this section  shall  not
    50  be  liable  for  the  violation of subdivision (a) or subdivision (b) or
    51  paragraph one of subdivision (d) of section  eleven  hundred  eighty  of
    52  this  article  provided that he or she sends to the division serving the
    53  notice of liability a copy of the rental, lease or other  such  contract
    54  document  covering  such  vehicle on the date of the violation, with the
    55  name and address of the lessee clearly legible, within thirty days after
    56  receiving the original notice of liability. Failure to send such  infor-
        S. 6456                            136                           A. 9556

     1  mation within such thirty day time period shall render the lessor liable
     2  for  the  penalty  prescribed by this section. Where the lessor complies
     3  with the provisions of this subdivision, the lessee of such  vehicle  on
     4  the date of such violation shall be deemed to be the owner of such vehi-
     5  cle  for  purposes of this section and shall be subject to liability for
     6  the violation of subdivision (a) or subdivision (b) or paragraph one  of
     7  subdivision  (d)  of  section  eleven  hundred  eighty  of this article,
     8  provided that the division mails a notice of  liability  to  the  lessee
     9  within  thirty  days  after  receiving  such notice from the lessor. For
    10  purposes of this subdivision the term "lessor" shall  mean  any  person,
    11  corporation,  firm,  partnership,  agency,  association  or organization
    12  engaged in the business of renting or leasing  vehicles  to  any  lessee
    13  under a rental agreement, lease or otherwise wherein the said lessee has
    14  the  exclusive  use of said vehicle for any period of time. For purposes
    15  of this subdivision, the term "lessee" shall  mean  any  person,  corpo-
    16  ration,  firm,  partnership,  agency,  association  or organization that
    17  rents, leases or contracts for the use of one or more vehicles  and  has
    18  exclusive use thereof for any period of time.
    19    11. Except as provided in subdivision ten of this section, if a person
    20  receives  a  notice  of liability pursuant to this section it shall be a
    21  valid defense to an allegation of liability for a violation of  subdivi-
    22  sion  (a)  or  subdivision  (b)  or  paragraph one of subdivision (d) of
    23  section eleven hundred eighty of this article that  the  individual  who
    24  received  the  notice  of liability pursuant to this section was not the
    25  owner of the vehicle at the time the violation occurred.  If  the  owner
    26  liable  for  a  violation of subdivision (a) or subdivision (b) or para-
    27  graph one of subdivision (d) of section eleven hundred  eighty  of  this
    28  article  pursuant to this section was not the operator of the vehicle at
    29  the time of the violation, the owner may maintain an action for indemni-
    30  fication against the operator.
    31    12. Nothing in this section shall be construed to limit the  liability
    32  of an operator of a vehicle for any violation of any provision of law.
    33    13.  Notwithstanding  any  other  provision  of  law, all photographs,
    34  microphotographs, videotape or other recorded images  prepared  pursuant
    35  to  this  section shall be for the use of an authority or a state agency
    36  in the discharge of its duties and shall not be made  available  to  the
    37  public except as expressly provided for in this section.
    38    14.  The  division  of criminal justice services shall submit a report
    39  regarding the results of the use of such photo-monitoring systems to the
    40  governor, the temporary president of the senate and the speaker  of  the
    41  assembly  by July first, two thousand eight.  Such report shall include,
    42  but not be limited to:
    43    (a) a description of the locations where the photo-monitoring  systems
    44  were used;
    45    (b)  the  number  of  violations  recorded at each location and in the
    46  aggregate on a daily, weekly, and monthly basis;
    47    (c) the total number of notices of liability issued;
    48    (d) the number of fines and total amount of  fines  paid  after  first
    49  notice of liability;
    50    (e)  the  number  of violations reviewed by the liability review board
    51  and the results of such reviews  including  breakdowns  of  dispositions
    52  made;
    53    (f) the total amount of revenue realized through this program;
    54    (g)  the  number  of  vehicle  registrations  suspended or not renewed
    55  pursuant to sections four hundred one and five hundred ten of this chap-
    56  ter;
        S. 6456                            137                           A. 9556

     1    (h) the volume of operators in violation of the speed limits posted in
     2  the applicable zones prior to  the  operation  of  the  photo-monitoring
     3  systems in those zones and subsequent to the operation of the photo-mon-
     4  itoring  systems in those zones, as well as a comparison and analysis of
     5  that volume.
     6    § 5. This act shall take effect immediately.

     7                                   PART O

     8    Section  1. The correction law is amended by adding a new section 79-c
     9  to read as follows:
    10    § 79-c. In the event that the governor proposes a reuse of  a  correc-
    11  tional facility as part of the budget submitted annually to the legisla-
    12  ture,  the  requirements set forth in sections seventy-nine-a and seven-
    13  ty-nine-b of this article shall be deemed fully satisfied upon enactment
    14  of the appropriations and legislation relating to closure and reuse.
    15    § 2. This act shall take effect immediately and  shall  be  deemed  to
    16  have been in full force and effect on and after April 1, 2006.

    17                                   PART P

    18    Section  1.  Section  14  of part J of chapter 62 of the laws of 2003,
    19  amending the county law and other laws relating to assigned counsel,  is
    20  amended to read as follows:
    21    §  14.  Notwithstanding  the  provisions of any other law: (a) the fee
    22  collected by the office of court administration  for  the  provision  of
    23  criminal  history  searches  and  other searches for data kept electron-
    24  ically by the unified court system shall be [fifty-two]  sixty  dollars;
    25  (b)  twenty-seven  dollars of each such fee collected shall be deposited
    26  in the indigent legal services fund established by section 98-b  of  the
    27  state  finance  law,  as  added  by  section twelve of this act, and (c)
    28  [nine] twelve dollars of each such fee collected shall be  deposited  in
    29  the  legal  services  assistance fund established by section 98-c of the
    30  state finance law, as added  by  section  nineteen  of  this  act;  five
    31  dollars  of  each  such fee collected shall be deposited in the criminal
    32  justice improvement account established by section 97-bb  of  the  state
    33  finance  law,  and  the remainder shall be deposited in the general fund
    34  and subject to transfer in accordance with section  94-b  of  the  state
    35  finance law as amended by section fifteen of this act.
    36    §  2.  This  act  shall take effect on the sixtieth day after it shall
    37  have become a law.

    38                                   PART Q

    39    Section 1. Section 7 of part Q of chapter 62  of  the  laws  of  2003,
    40  amending  the insurance law and other laws relating to motor vehicle law
    41  enforcement fees, as amended by section 1 of part C of chapter 56 of the
    42  laws of 2005, is amended to read as follows:
    43    § 7. This act shall take effect immediately,  provided  that  sections
    44  one,  two  and  three  of  this  act shall take effect June 1, 2003; and
    45  provided further that the amendments made to subsection (b)  of  section
    46  9110  of  the insurance law made by section one of this act shall expire
    47  and be deemed repealed on July 1, [2006] 2011 and the provisions of such
    48  subsection shall be read as such provisions existed on  the  date  imme-
    49  diately  preceding  the effective date of this act; and provided further
    50  that the amendments made to subsection (e) of section 9110 of the insur-
        S. 6456                            138                           A. 9556

     1  ance law made by section two of this act  and  the  amendments  made  to
     2  subdivision  3 of section 97-mm of the state finance law made by section
     3  three of this act shall expire and be deemed repealed on March 31,  2004
     4  and the provisions of such subsection and such subdivision shall be read
     5  as  such provisions existed on the date immediately preceding the effec-
     6  tive date of this act.
     7    § 2. Section 3 of part A of chapter 56 of the laws of  2004,  amending
     8  the  insurance  law  and the state finance law relating to motor vehicle
     9  law enforcement fees, as amended by section 2 of part C of chapter 56 of
    10  the laws of 2005, is amended to read as follows:
    11    § 3. This act shall take effect immediately and  shall  be  deemed  to
    12  have been in full force and effect on and after April 1, 2004; provided,
    13  however,  that the amendments made to subsections (e) and (f) of section
    14  9110 of the insurance law made by section one of this act  shall  expire
    15  and  be  deemed  repealed on [March 31, 2006] July 1, 2011, and provided
    16  further that the amendments made to subdivisions  2  and  3  of  section
    17  97-mm  of  the  state  finance law made by section two of this act shall
    18  expire and be deemed repealed on [March 31, 2006] July 1, 2011.
    19    § 3. Subdivision (bbb) of section 427 of chapter 55  of  the  laws  of
    20  1992,  amending  the  tax law generally and enacting the omnibus revenue
    21  act of 1992, as amended by section 5 of part Q of chapter 62 of the laws
    22  of 2003, is amended to read as follows:
    23    (bbb) the provisions of subdivision (f) of section 9110 of the  insur-
    24  ance  law  as  added by section three hundred eighty-six of this act and
    25  section 89-d of the state finance law as added by section three  hundred
    26  eighty-eight of this act shall expire on July 1, [2006] 2011.
    27    §  4.  Section 9 of part T of chapter 57 of the laws of 2000, amending
    28  the  state  finance  law  relating  to  a  report  on  automobile  theft
    29  prevention  activities  of  the state police, as amended by section 6 of
    30  part Q of chapter 62 of the laws of 2003, is amended to read as follows:
    31    § 9. This act shall take effect immediately  provided,  however,  that
    32  the  amendments  to sections 846-j, 846-k, 846-l and 846-m of the execu-
    33  tive law made by this act  shall  not  affect  the  expiration  of  such
    34  sections  and  shall  be  deemed to expire therewith; provided, further,
    35  however, that the provisions of subdivision 4 of section  97-mm  of  the
    36  state  finance  law, as added by section eight of this act, shall expire
    37  and be deemed repealed on July 1, [2006] 2011.
    38    § 5. Paragraphs (b) and (d) of subdivision  2  and  subdivision  3  of
    39  section 846-m of the executive law, as amended by section 4 of part Q of
    40  chapter 62 of the laws of 2003, are amended to read as follows:
    41    (b)  Activities  eligible for funding include, but are not limited to,
    42  the following: prosecution and adjudication  services;  law  enforcement
    43  services;  neighborhood  or  community based programs designed to reduce
    44  the incidence of motor vehicle theft and motor vehicle insurance  fraud;
    45  educational  programs  designed  to  inform  owners  of  motor  vehicles
    46  concerning activities designed to prevent  the  incidence  of  theft  of
    47  motor vehicles and fraudulent claims practices; and programs designed to
    48  examine,  evaluate  and make recommendations relating to the efficacy of
    49  motor vehicle theft prevention devices or  methods  including,  but  not
    50  limited  to,  passive tracking devices designed to identify the location
    51  of a motor vehicle at any given point in time and window  glass  etching
    52  with  vehicle  identification  numbers  or  any other unique identifying
    53  symbol including decal programs such as New York city's operation combat
    54  auto theft (C.A.T.) funds provided under this program shall be  used  to
    55  augment,  and not to supplant, the provider agency's current funding, if
    56  any, for motor vehicle theft and insurance fraud detection,  prevention,
        S. 6456                            139                           A. 9556

     1  or  reduction  activities, and shall only be used to fund pilot programs
     2  of a specified duration not to extend beyond July  first,  two  thousand
     3  [six] eleven.
     4    (d)  The  state  comptroller  shall  conduct  an  audit  of all moneys
     5  received and expended by the fund as well as all  other  funds  expended
     6  from any other source for the purposes of this program, and shall submit
     7  a written report detailing such audit to the governor and legislature on
     8  or before [March] July first, two thousand [six] eleven.
     9    3. This article shall expire on July first, two thousand [six] eleven.
    10    §  6.  This  act  shall take effect immediately and shall be deemed to
    11  have been in full force and effect on and after April 1, 2006.

    12                                   PART R

    13    Section 1. The article heading of article 420 of the  criminal  proce-
    14  dure  law,  as amended by chapter 290 of the laws of 1980, is amended to
    15  read as follows:
    16          [FINES, RESTITUTION AND REPARATION] FINANCIAL OBLIGATIONS
    17    § 2. Section 420.05 of the criminal procedure law, as amended by chap-
    18  ter 457 of the laws of 2005, is amended to read as follows:
    19  § 420.05 Payment of [fines, mandatory  surcharges  and  fees]  financial
    20             obligations by credit card.
    21    When  the court imposes a fine, mandatory surcharge [or], fee, supple-
    22  mental sex offender victim fee, DNA databank fee, sex offender registra-
    23  tion fee, or restitution or reparation, including a designated surcharge
    24  upon [an individual] a person who stands convicted  of  any  offense  or
    25  such  person  is  otherwise  required  to pay any other probation fee in
    26  accordance with the provisions of section two hundred  fifty-seven-c  of
    27  the  executive  law,  section  60.35 of the penal law, or any other law,
    28  such [individual] person may pay any such [fine, mandatory surcharge  or
    29  fee]  financial  obligations  by credit card or similar device.  In such
    30  event, notwithstanding any other provision of  law,  [he  or  she]  such
    31  person  also may be required to pay a reasonable administrative fee. The
    32  amount of such administrative fee and the time and manner of its payment
    33  shall be in accordance with the system established by the chief adminis-
    34  trator of the courts pursuant to paragraph (j)  of  subdivision  two  of
    35  section two hundred twelve of the judiciary law.
    36    §  3.  The  section  heading and subdivisions 1, 2, 3 and 6 of section
    37  257-c of the executive law, as added by chapter 55 of the laws of  1992,
    38  are amended to read as follows:
    39    Probation [administrative fee] fees. 1.  (a) Notwithstanding any other
    40  provision  of  law,  every  county and the city of New York, may adopt a
    41  local law requiring individuals, convicted  of  a  crime  and  currently
    42  serving  or  who  shall  be  sentenced  to  a  period of probation [upon
    43  conviction of any crime under article  thirty-one  of  the  vehicle  and
    44  traffic law] or placed under interim probation supervision to pay to the
    45  supervising  local  probation  department  [with  the  responsibility of
    46  supervising the probationer an administrative] a probation fee of up  to
    47  thirty  dollars  per  month.  [The department shall waive all or part of
    48  such fee where, because of the indigence of the offender, the payment of
    49  said surcharge  would  work  an  unreasonable  hardship  on  the  person
    50  convicted,  his  or  her  immediate  family,  or any other person who is
    51  dependent on such person for financial support.]
    52    (b) Notwithstanding any other provision of law, every county,  includ-
    53  ing  the  city  of  New  York,  may  adopt  a  local law authorizing its
    54  probation department to impose an electronic monitoring and drug testing
        S. 6456                            140                           A. 9556

     1  fee upon an individual subject to electronic monitoring or drug  testing
     2  as  a condition of probation or interim probation supervision. The elec-
     3  tronic monitoring fee shall not exceed eight dollars per day.  The  drug
     4  testing  fee  shall  not  exceed  eight dollars per day for each test or
     5  panel of tests administered. Fees  for  electronic  monitoring  or  drug
     6  testing  shall  not  annually  exceed  nine  hundred dollars or eighteen
     7  hundred dollars in total.
     8    (c) The probation department shall waive all or part of any  such  fee
     9  or  fees  imposed authorized by this section where, because of the indi-
    10  gence of the offender, the payment of such fee or  fees  would  work  an
    11  unreasonable  hardship on the person under supervision, his or her imme-
    12  diate family, or any other person who is dependent on  such  person  for
    13  financial  support.  Such  determination  shall be made by the probation
    14  department in accordance with standards issued by the state director  of
    15  probation  and correctional alternatives, in consultation with the chief
    16  administrator of the courts.
    17    2. The provisions of section 420.05 and  subdivision  six  of  section
    18  420.10  of  the  criminal  procedure  law  shall  govern for purposes of
    19  collection of [the administrative fee] any probation fee,  drug  testing
    20  fee,  or  electronic  monitoring  fee, except a court order shall not be
    21  required and another official or agency may  be  designated  to  file  a
    22  certified  copy  of  any fee determination and collect such fee or fees.
    23  The supervising probation department shall issue a written fee  determi-
    24  nation  containing  the  amount  or  amounts  required to be paid by the
    25  probationer or individual under interim probation supervision.  The  fee
    26  determination  may direct an official or agency to file a certified copy
    27  of the fee determination with the  appropriate  county  clerk.  Any  fee
    28  determination  shall  be deemed comparable to a court order for purposes
    29  of such subdivision.
    30    3. The probation [administrative] fee, drug testing fee, and electron-
    31  ic monitoring fee authorized by this section shall not constitute nor be
    32  imposed as a condition of probation or  interim  probation  supervision.
    33  However,  nothing  contained  in  this  section  affects  or  limits the
    34  provisions of section two hundred fifty-nine-m or  section  two  hundred
    35  fifty-nine-mm of this chapter, relating to out-of-state probation super-
    36  vision and the supervising probation department imposing any such fee or
    37  fees  upon any person whose probation supervision is transferred to this
    38  state. Prior to a transfer of probation supervision to another state  or
    39  jurisdiction  within  the  state,  the  supervising probation department
    40  shall eliminate any fees imposed pursuant to this section; however noth-
    41  ing herein precludes the probation department from collecting  outstand-
    42  ing monies owed as to any such fees prior to transfer.
    43    6.  The director of the division shall submit a report, with recommen-
    44  dations, to the governor, temporary president of the senate, speaker  of
    45  the assembly, to the chairpersons of the senate crime victims, crime and
    46  correction  committee,  and  assembly correction committee, senate codes
    47  committee and assembly codes  committee  on  or  before  January  first,
    48  [nineteen hundred ninety-three and January first, nineteen hundred nine-
    49  ty-four]  two  thousand  eight  as to the effectiveness of the probation
    50  [administrative  fee]  fees  in  enhancing  the  delivery  of  probation
    51  services  throughout  the  state.   The report shall include, but not be
    52  limited to, amounts and range of fees imposed and  collected,  rates  of
    53  payment  for different categories of convictions and types of offenders,
    54  waivers granted and remedies utilized and costs incurred for  collection
    55  in cases of non-payment.
        S. 6456                            141                           A. 9556

     1    §  4. Section 99-m of the general municipal law, as amended by chapter
     2  166 of the laws of 1991 and subdivision 2 as amended by chapter  465  of
     3  the laws of 1998, is amended to read as follows:
     4    §  99-m. Cash bail and partially secured bail bond; fee for deposit of
     5  money. 1. When, pursuant to the provisions of title P  of  the  criminal
     6  procedure  law or the provisions of the family court act, a sum of money
     7  deposited in connection with a cash bail or  a  partially  secured  bail
     8  bond  is received by a court or other authorized public servant or agen-
     9  cy, such money shall be deposited in the same manner as may  be  by  law
    10  provided  for  the  deposit  of  money generally received by such court,
    11  public servant or agency. Except as otherwise provided herein, the coun-
    12  ty treasurer, or, in the city of New York, the commissioner of  finance,
    13  shall  be  entitled to a fee of two per centum of the amount of money so
    14  deposited and an additional fee of [one] two per centum as  provided  in
    15  subdivision  three of this section. Where the money received by a state-
    16  paid court hereunder is not deposited with any other officer  or  agency
    17  but  is retained by the court, the clerk of such court shall be entitled
    18  to a fee of two per centum of the amount of money so  retained,  and  an
    19  additional  fee  of  [one] two per centum to be disbursed as provided in
    20  subdivision three of this section. All fees collected hereunder  by  the
    21  clerk  of  a state-paid court shall be paid to the state commissioner of
    22  taxation and finance on a monthly basis not later than  ten  days  after
    23  the  last  day  of  each month. Except as otherwise provided by an order
    24  issued pursuant to section 420.10 of the criminal  procedure  law,  upon
    25  the  exoneration  or remission of the bail, the money so deposited, less
    26  such fee, shall, by order of the appropriate court, be refunded  to  the
    27  person  who  originally  deposited such money. Upon a termination of the
    28  criminal action or proceeding in favor of the  accused,  as  defined  in
    29  subdivision two of section 160.50 of the criminal procedure law, the two
    30  per  centum fee so retained shall, by order of the appropriate court, be
    31  refunded to the person who originally deposited such money.
    32    2. A town or village court shall be entitled  to  a  fee  of  two  per
    33  centum  of  the  amount  of  bail  money  deposited  with  the  court in
    34  connection with a criminal action or proceeding  over  which  the  court
    35  retains  jurisdiction,  other  than an action or proceeding in which the
    36  accusatory instrument charges one or more traffic infractions only,  and
    37  an  additional fee of [one] two per centum as provided herein. The total
    38  fees on a sum of bail shall not, however, exceed [three] four per centum
    39  and a town or village court shall not be entitled to collect  such  fees
    40  on bail transferred to a superior court. All fees on bail collected by a
    41  town  or  village  court  shall  be paid to the state comptroller by the
    42  court on or before the tenth day of  the  month  next  succeeding  their
    43  collection,  except  as provided in subdivision three of section ninety-
    44  nine-a of the state finance law. Two per centum of the  bail  moneys  so
    45  collected  shall  be  the  property  of the town or village in which the
    46  court reporting the same is located, and the additional  [one]  two  per
    47  centum of such bail moneys shall be disbursed as provided in subdivision
    48  three  of  this  section,  and shall be used to fund the alternatives to
    49  incarceration service plan approved pursuant to  article  thirteen-A  of
    50  the  executive  law  for  the  county  in  which  the town or village is
    51  located.
    52    3. The county treasurer, or, in the city of New York, the commissioner
    53  of finance, shall be entitled to an additional  fee  of  [one]  two  per
    54  centum  of  the money deposited pursuant to the provisions of title P of
    55  the criminal procedure law or the provisions of the  family  court  act,
    56  and shall deposit such money as an additional credit to the alternatives
        S. 6456                            142                           A. 9556

     1  to incarceration service plan approved pursuant to article thirteen-A of
     2  the  executive  law for such city and each county outside of the city of
     3  New York.
     4    4.  The  additional [one] two per centum fee collected pursuant to the
     5  provisions of this section shall not  be  used  to  decrease  any  money
     6  approved to fund the alternatives to incarceration service plan approved
     7  pursuant  to article thirteen-A of the executive law. Upon a termination
     8  of the criminal action  or  proceeding  in  favor  of  the  accused,  as
     9  provided  in subdivision two of section 160.50 of the criminal procedure
    10  law, the [one] two per centum fee shall, by  order  of  the  appropriate
    11  court, be refunded to the person who originally deposited such money.
    12    §  5.  Subdivision  10 of section 60.35 of the penal law is renumbered
    13  subdivision 11 and a new subdivision 10 is added to read as follows:
    14    10. Notwithstanding the provisions of subdivision one of this section,
    15  where a person is under probation supervision and is subject to the  DNA
    16  databank  fee  and/or  sex  offender  registration  fee, the supervising
    17  probation department is entitled to levy and collect from the individual
    18  a twenty-five dollar probation fee or fifty dollar fee in  total,  where
    19  applicable,  for  ensuring the individual's compliance with DNA databank
    20  and/or sex offender registration and fee collection as required  by  the
    21  executive law, correction law and this chapter and defraying their agen-
    22  cy  resources expended in any DNA databank and sex offender registration
    23  fee collection activities pursuant to this section.  The  provisions  of
    24  subdivisions  two,  three,  four,  five  and  six of section two hundred
    25  fifty-seven-c of the  executive  law  are  applicable  and  govern  with
    26  respect to any such fee.
    27    §  6.  Subdivision  (aa)  of  section 427 of chapter 55 of the laws of
    28  1992, amending the tax law and other laws relating to taxes, surcharges,
    29  fees and funding, as amended by section 11 of part D of  chapter  56  of
    30  the laws of 2005, is amended to read as follows:
    31    (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
    32  hundred eighty-three and three hundred eighty-four  of  this  act  shall
    33  expire on September 1, [2007] 2009;
    34    §  7.  This  act shall take effect immediately provided, however, that
    35  the amendments to section 420.05  of  the  criminal  procedure  law  and
    36  section  257-c  of  the  executive law made by sections two and three of
    37  this act shall not affect the expiration of such sections and  shall  be
    38  deemed to expire therewith.

    39                                   PART S

    40    Section 1. Subdivision 2 of section 70.40 of the penal law is REPEALED
    41  and subdivision 3 is renumbered subdivision 2.
    42    § 2. This act shall take effect immediately.

    43                                   PART T

    44    Section  1.  Subdivisions  10,  11 and 12 of section 301 of the county
    45  law, subdivisions 10 and 12 as added by section 1, and subdivision 11 as
    46  added and subdivision 12 as renumbered by section 2 of part DD of  chap-
    47  ter  85 of the laws of 2002, are amended and two new subdivisions 13 and
    48  14 are added to read as follows:
    49    10. "Wireless communications service" [means] shall mean  all  commer-
    50  cial mobile services, as that term is defined in section 332(d) of title
    51  47, United States Code, as amended from time to time, including, but not
    52  limited  to,  all  broadband  personal communications services, wireless
        S. 6456                            143                           A. 9556

     1  radio telephone  services,  geographic  area  specialized  and  enhanced
     2  specialized  mobile  radio services, and incumbent-wide area specialized
     3  mobile radio licensees[, which offer real time, two-way  voice  or  data
     4  service  that  is  interconnected  with  the  public  switched telephone
     5  network  or  otherwise  provides  access  to  emergency   communications
     6  services].
     7    11.  "Place  of  primary use" shall mean [the street address represen-
     8  tative of where a wireless communications customer's use of the wireless
     9  telecommunications service primarily occurs, and must be: (i) the  resi-
    10  dential  street  address  or  the primary business street address of the
    11  wireless communications customer and (ii) within  the  licensed  service
    12  area  of  the wireless communications service supplier], with respect to
    13  the provision of wireless communications service, place of  primary  use
    14  as  defined in paragraph twenty-six of subdivision (b) of section eleven
    15  hundred one of the tax law except that the  provisions  of  subparagraph
    16  (ii)  of  such  paragraph  twenty-six  of  such  subdivision relating to
    17  licensed service area shall not apply.
    18    12. "Wireless communications service supplier" [means  any  commercial
    19  entity  that operates a wireless communications service] shall mean home
    20  service provider as defined in subparagraph (ii)  of  paragraph  twenty-
    21  seven  of  subdivision (b) of section eleven hundred one of the tax law,
    22  provided such home service  provider  provides  wireless  communications
    23  service  and  has  one  or more wireless communications customers in New
    24  York state.
    25    13. "Wireless communications customer" shall mean either (a) a  person
    26  or entity that contracts with a wireless communications service supplier
    27  for wireless communications service, or (b) if the end user of the wire-
    28  less  communications  service is not the contracting party, the end user
    29  of the wireless communications service.
    30    14. "Prepaid wireless  communications  service"  shall  mean  wireless
    31  communications service which is paid for in advance by a wireless commu-
    32  nications  customer and which is not billed periodically by the wireless
    33  communications service supplier to such customer.
    34    § 2. Section 308-a of the county law, as added by section 1 of part  F
    35  of chapter 93 of the laws of 2002, is renumbered section 310 and amended
    36  to read as follows:
    37    §   310.   Establishment   of  city  wireless  communications  service
    38  surcharges. 1. Notwithstanding [the provisions] any provision  of  [any]
    39  law  to the contrary, any city with a population of one million or more,
    40  acting through its board, is hereby authorized and empowered  to  adopt,
    41  amend  or  repeal  local laws to impose a surcharge [in an amount not to
    42  exceed thirty cents per month] on both  wireless  and  prepaid  wireless
    43  communications  service  in  [the]  such  city,  where  such wireless or
    44  prepaid wireless communications service includes two-way voice  or  data
    45  transmission  to  a  public  safety  answering point or, where no public
    46  safety answering point is designated,  a  designated  default  answering
    47  point  or  an appropriate local emergency authority. The surcharge shall
    48  be imposed on such wireless and prepaid wireless communications  service
    49  when  provided  to  a  wireless  communications customer with a place of
    50  primary use in such city, in an amount not to exceed  thirty  cents  per
    51  month on each wireless communications device [and shall be reflected and
    52  made  payable on bills rendered for wireless communications service that
    53  is provided to a customer whose place of primary use is within the city.
    54  For purposes of this section, the term "place of primary use" shall mean
    55  the street address that is representative of where the customer's use of
    56  the wireless communications service primarily occurs, which address must
        S. 6456                            144                           A. 9556

     1  be: (a) the residential street address or the  primary  business  street
     2  address of the customer; and (b) within the licensed service area of the
     3  wireless  communications service provider. All surcharge monies remitted
     4  to  the  city shall be used to pay for costs associated with the design,
     5  construction, operation, maintenance, and administration of public safe-
     6  ty communications networks serving such city] in service to  such  wire-
     7  less communications customer during any part of each month.
     8    2.  Wireless  communications  service  surcharge on other than prepaid
     9  wireless communications service. (a) Any local law adopted  pursuant  to
    10  the  authority of this section imposing a surcharge on wireless communi-
    11  cations service other than prepaid wireless communications service shall
    12  state the amount of the surcharge and the date on which [the] a wireless
    13  communications service supplier shall begin to add such surcharge to the
    14  billings  of  its  wireless  communications  customers  and  remit  such
    15  surcharge  to  such city.   Any wireless communications service supplier
    16  within [such] a city which has  imposed  a  surcharge  pursuant  to  the
    17  [provisions]  authority  of  this [section] subdivision shall be given a
    18  minimum of forty-five days written notice prior to  the  date  it  shall
    19  begin  to  add  such  surcharge to the billings of its wireless communi-
    20  cations customers or prior to any  modification  to  or  change  in  the
    21  surcharge amount.
    22    [3.  (a)]  (b)  Each wireless communications service supplier [serving
    23  such] providing wireless communications service in  a  city  imposing  a
    24  wireless  communications  service surcharge pursuant to this subdivision
    25  shall act as collection agent for [the] such city and  shall  remit  the
    26  funds  collected  pursuant  to  [a]  such  surcharge  [imposed under the
    27  provisions of this section] to the chief fiscal officer  of  [the]  such
    28  city every month. Such funds shall be remitted no later than thirty days
    29  after the last business day of the month in which they were collected.
    30    [(b)]  (c)  Each  wireless  communications service supplier subject to
    31  this subdivision shall be entitled to retain, as an administrative  fee,
    32  an amount equal to two percent of its collections of a surcharge imposed
    33  [under  the  provisions  of]  pursuant  to  this  [section] subdivision,
    34  provided that such supplier files any  required  return  or  report  and
    35  remits  such  surcharge  to  the chief fiscal officer of such city on or
    36  before its due date.
    37    [(c)] (d) Any surcharge required to be collected by a wireless  commu-
    38  nications  service  supplier pursuant to this subdivision shall be added
    39  as a separate item to [and stated separately in its billings to  custom-
    40  ers]  bills  rendered by the wireless communications service supplier to
    41  its wireless communications customers.
    42    [(d)] (e) Each  wireless  communications  [service]  customer  who  is
    43  subject  to the provisions of this [section] subdivision shall be liable
    44  to such city for [the] such surcharge until it has been  paid  to  [the]
    45  such  city,  except  that  payment  to a wireless communications service
    46  supplier is sufficient to  relieve  [the]  such  customer  from  further
    47  liability for such surcharge.
    48    [(e) No] (f) A wireless communications service supplier shall have [a]
    49  no  legal  obligation to enforce the collection of any surcharge imposed
    50  [under the  provisions  of]  pursuant  to  this  [section]  subdivision,
    51  provided, however, that whenever [the] a wireless communications service
    52  supplier  [remits  the  funds collected to the] files a return or report
    53  with such city, it shall also provide [the] such city with the name  and
    54  address  of  any wireless communications customer refusing or failing to
    55  pay a surcharge imposed [under  the  provisions  of]  pursuant  to  this
        S. 6456                            145                           A. 9556

     1  [section]  subdivision  and  shall  state  the  amount of such surcharge
     2  remaining unpaid.
     3    [(f)]  (g)  Each  wireless communications service supplier required to
     4  collect a surcharge pursuant to this subdivision shall annually  provide
     5  to  such  city  an  accounting  of  [the  surcharge]  amounts billed and
     6  collected on account of the wireless  communications  service  surcharge
     7  imposed  on  wireless communications customers having a place of primary
     8  use in such city, and of the disposition of such amounts.
     9    3. Wireless  communications  service  surcharge  on  prepaid  wireless
    10  communications  service.  (a)  Any  local  law  adopted  pursuant to the
    11  authority of this section imposing  a  wireless  communications  service
    12  surcharge  on  prepaid  wireless  communications service shall state the
    13  amount of the surcharge and the date on which a wireless  communications
    14  service  supplier  shall  begin  to pay such surcharge to such city. Any
    15  wireless communications service supplier  subject  to  this  subdivision
    16  shall  be given a minimum of forty-five days written notice prior to the
    17  date it shall be required to begin to pay a surcharge to  such  city  or
    18  prior to any modification to or change in the surcharge amount.
    19    (b)  Each  wireless  communications service supplier providing prepaid
    20  wireless communications service in a city imposing a  wireless  communi-
    21  cation  service  surcharge pursuant to this subdivision shall report and
    22  pay such surcharge to the chief fiscal officer of such city every month.
    23  Such funds shall be remitted no later than thirty days  after  the  last
    24  business day of each month.
    25    (c)(i) Any local law adopted pursuant to the authority of this section
    26  imposing  a  surcharge  on prepaid wireless communications service shall
    27  provide  that  a  wireless  communications  service  supplier  providing
    28  prepaid  wireless  communications service may, as an alternative for all
    29  transactions during a reporting period, calculate the amount of wireless
    30  communications service surcharge due  on  account  of  prepaid  wireless
    31  communications service to a city imposing such surcharge as follows: The
    32  wireless  communications  service supplier shall divide the total earned
    33  revenue received during the monthly reporting period from prepaid  wire-
    34  less communications service provided by such supplier to wireless commu-
    35  nications  customers  having  a  place of primary use in such a city, by
    36  thirty dollars, and multiply the quotient by the amount of the surcharge
    37  imposed pursuant to this section.
    38    (ii) As used in this paragraph "total earned revenue  received"  shall
    39  mean  "gross  receipt"  as  defined  in  subdivision  one of section one
    40  hundred eighty-six-e of the tax law.
    41    (d) Each wireless communications  service  supplier  subject  to  this
    42  subdivision  shall  be  entitled to retain, as an administrative fee, an
    43  amount equal to two percent of  any  surcharge  paid  pursuant  to  this
    44  subdivision,  provided  that  such supplier files any required return or
    45  report and remits such surcharge to the chief fiscal office of such city
    46  on or before its due date.
    47    (e) Nothing in the section shall be interpreted to require a  wireless
    48  communications  service  supplier subject to this subdivision to remit a
    49  surcharge due pursuant to this subdivision from any particular receipts,
    50  revenues or income of such wireless communications service supplier. The
    51  source of such remittance is within the sole  discretion  of  each  such
    52  wireless communications service supplier.
    53    4.  Each  wireless  communications  service supplier required to remit
    54  wireless communications service surcharge collections or payments pursu-
    55  ant to this section shall retain for a period of three  years  from  the
    56  date  each  report  or return is filed pursuant to this section, (a) all
        S. 6456                            146                           A. 9556

     1  such reports or returns, (b) all documentation upon which  each  such  a
     2  report  or  return  relies, and (c) all other documentation necessary to
     3  show compliance with this section.
     4    [4]  5.    All  surcharge monies remitted by a wireless communications
     5  service supplier to [the] a city [by a wireless  communications  service
     6  supplier]  imposing a wireless communications service surcharge pursuant
     7  to this section shall be expended only upon authorization of  [the]  its
     8  board  and  only  for  payment of system costs or other costs associated
     9  with the design,  construction,  operation,  maintenance,  and  adminis-
    10  tration  of  public  safety  communications  networks serving such city.
    11  [The] Such city shall separately account for and keep adequate books and
    12  records of the amount and source of all such monies and  of  the  amount
    13  and object or purpose of all expenditures thereof. If, at the end of any
    14  fiscal  year,  the  total  amount  of all such monies exceeds the amount
    15  necessary for payment of the above mentioned costs in such fiscal  year,
    16  such  excess shall be reserved and carried over for the payment of those
    17  costs in the following fiscal year.
    18    § 3. Section 308-a of the county law, as added by chapter 276  of  the
    19  laws of 2002, is renumbered section 311 and amended to read as follows:
    20    § 311. Establishment of county [of Nassau] wireless [surcharge] commu-
    21  nications  service surcharges.   1.   Notwithstanding [the provisions of
    22  any] any provision of law to the contrary, [the county  of  Nassau]  any
    23  county  listed  in  subdivision  six of this section, acting through its
    24  [local] county legislative body, is hereby authorized and  empowered  to
    25  adopt,  amend  or  repeal local laws to impose a surcharge [in an amount
    26  not to exceed thirty cents per month] on both wireless and prepaid wire-
    27  less communications service in [the county of Nassau] such county, where
    28  such wireless or prepaid wireless communications service  includes  two-
    29  way  voice  or data transmission to a public safety answering point, or,
    30  where no public safety  answering  point  is  designated,  a  designated
    31  default answering point or an appropriate local emergency authority. The
    32  surcharge  shall be imposed on such wireless and prepaid wireless commu-
    33  nications service when provided to a  wireless  communications  customer
    34  with  a  place of primary use in such county, in an amount not to exceed
    35  thirty cents per month on each wireless communications device [and shall
    36  be reflected and made payable on bills rendered  for  wireless  communi-
    37  cations  service  that  is provided to a customer whose place of primary
    38  use is within the county. For purposes of this section, the term  "place
    39  of  primary use" shall mean the street address that is representative of
    40  where the customer's use of the wireless communications service primari-
    41  ly occurs, which address must be: (a) residential street address or  the
    42  primary  business  street  address  of  the customer; and (b) within the
    43  licensed service area of the wireless communications  service  supplier]
    44  in  service  to such wireless communications customer during any part of
    45  each month.
    46    2. Wireless communications service surcharge  on  other  than  prepaid
    47  wireless  communications service.  (a) Any local law adopted pursuant to
    48  the authority of this section imposing a surcharge on wireless  communi-
    49  cations service other than prepaid wireless communications service shall
    50  state the amount of the surcharge and the date on which [the] a wireless
    51  communications service supplier shall begin to add such surcharge to the
    52  billings  of  its  wireless  communications  customers  and  remit  such
    53  surcharge to such county.  Any wireless communications service  supplier
    54  within [the] a county [of Nassau] which has imposed a surcharge pursuant
    55  to  the  [provisions]  authority  of this [section] subdivision shall be
    56  given a minimum of forty-five days written notice prior to the  date  it
        S. 6456                            147                           A. 9556

     1  shall begin to add such surcharge to the billings of its wireless commu-
     2  nications  customers  or  prior  to any modification to or change in the
     3  surcharge amount.
     4    [3.  (a)]  (b)  Each wireless communications service supplier [serving
     5  the county of Nassau] providing wireless  communications  service  in  a
     6  county  imposing a wireless communications service surcharge pursuant to
     7  this subdivision shall act as collection agent for [the] such county and
     8  shall remit the funds collected pursuant to [a] such surcharge  [imposed
     9  under  the  provisions  of  this section] to the chief fiscal officer of
    10  [the] such county [of Nassau] every month. Such funds shall be  remitted
    11  no  later  than  thirty days after the last business day of the month in
    12  which they were collected.
    13    [(b)] (c) Each wireless communications  service  supplier  subject  to
    14  this  subdivision shall be entitled to retain, as an administrative fee,
    15  an amount equal to two percent of its collections of a surcharge imposed
    16  [under the  provisions  of]  pursuant  to  this  [section]  subdivision,
    17  provided  that  such  supplier  files  any required return or report and
    18  remits such surcharge to the chief fiscal officer of any county imposing
    19  such surcharge on or before its due date.
    20    [(c)] (d) Any surcharge required to be collected by a wireless  commu-
    21  nications  service  supplier pursuant to this subdivision shall be added
    22  as a separate item to [and stated separately in its billings to  custom-
    23  ers]  bills  rendered by the wireless communications service supplier to
    24  its wireless communications customers.
    25    [(d)] (e) Each  wireless  communications  [service]  customer  who  is
    26  subject  to the provisions of this [section] subdivision shall be liable
    27  to such county for [the] such surcharge until it has been paid to  [the]
    28  such  county  [of  Nassau],  except  that payment to a wireless communi-
    29  cations service supplier is sufficient to relieve  [the]  such  customer
    30  from further liability for such surcharge.
    31    [(e) No] (f) A wireless communications service supplier shall have [a]
    32  no  legal  obligation to enforce the collection of any surcharge imposed
    33  [under the  provisions  of]  pursuant  to  this  [section]  subdivision,
    34  provided, however, that whenever [the] a wireless communications service
    35  supplier  [remits  the  funds collected to the] files a return or report
    36  with any county [of Nassau] imposing a wireless  communications  service
    37  surcharge pursuant to this subdivision, it shall also provide [the] such
    38  county  [of  Nassau]  with the name and address of any wireless communi-
    39  cations customer refusing or failing to pay a surcharge  imposed  [under
    40  the  provisions  of]  pursuant  to  this [section] subdivision and shall
    41  state the amount of such surcharge remaining unpaid.
    42    [(f)] (g) Each wireless communications service  supplier  required  to
    43  collect  a surcharge pursuant to this subdivision shall annually provide
    44  to [the] each county [of Nassau] imposing such a surcharge an accounting
    45  of [the surcharge] amounts billed and collected on account of the  wire-
    46  less communications service surcharge imposed on wireless communications
    47  customers  having  a  place  of  primary  use in such county, and of the
    48  disposition of such amounts.
    49    3. Wireless  communications  service  surcharge  on  prepaid  wireless
    50  communications  service.  (a)  Any  local  law  adopted  pursuant to the
    51  authority of this section imposing  a  wireless  communications  service
    52  surcharge  on  prepaid  wireless  communications service shall state the
    53  amount of the surcharge and the date on which a wireless  communications
    54  service  supplier shall begin to pay such surcharge to a county imposing
    55  such surcharge.  Any wireless communications service supplier subject to
    56  this subdivision shall be given a minimum  of  forty-five  days  written
        S. 6456                            148                           A. 9556

     1  notice  prior  to  the  date  it  shall  be  required  to begin to pay a
     2  surcharge to any such county or prior to any modification to  or  change
     3  in the surcharge amount.
     4    (b)  Each  wireless  communications service supplier providing prepaid
     5  wireless communications service in a county imposing a wireless communi-
     6  cation service surcharge pursuant to this subdivision shall  report  and
     7  pay  such  surcharge  to  the  chief fiscal officer of such county every
     8  month. Such funds shall be remitted no later than thirty days after  the
     9  last business day of each month.
    10    (c)(i) Any local law adopted pursuant to the authority of this section
    11  imposing  a  surcharge  on prepaid wireless communications service shall
    12  provide  that  a  wireless  communications  service  supplier  providing
    13  prepaid  wireless  communications service may, as an alternative for all
    14  transactions during a reporting period, calculate the amount of wireless
    15  communications service surcharge due  on  account  of  prepaid  wireless
    16  communications service to any county imposing such surcharge as follows:
    17  The  wireless  communications  service  supplier  shall divide the total
    18  earned revenue received during the monthly reporting period from prepaid
    19  wireless communications service provided by such  supplier  to  wireless
    20  communications  customers  having  a place of primary use in each county
    21  imposing such wireless communications surcharge, by thirty dollars,  and
    22  multiply  the  quotient  by  the amount of the surcharge imposed by each
    23  such county pursuant to this section.
    24    (ii) As used in this paragraph "total earned revenue  received"  shall
    25  mean  "gross  receipt"  as  defined  in  subdivision  one of section one
    26  hundred eighty-six-e of the tax law.
    27    (d) Each wireless communications  service  supplier  subject  to  this
    28  subdivision  shall  be  entitled to retain, as an administrative fee, an
    29  amount equal to two percent of  any  surcharge  paid  pursuant  to  this
    30  subdivision,  provided  that  such supplier files any required return or
    31  report and remits such surcharge to the  chief  fiscal  officer  of  any
    32  county imposing such surcharge on or before its due date.
    33    (e) Nothing in this section shall be interpreted to require a wireless
    34  communications  service  supplier subject to this subdivision to remit a
    35  surcharge due pursuant to this subdivision from any particular receipts,
    36  revenues or income of such wireless communications service supplier. The
    37  source of such remittance is within the sole discretion of each wireless
    38  communications service supplier.
    39    4. Each wireless communications service  supplier  required  to  remit
    40  wireless communications service surcharge collections or payments pursu-
    41  ant  to  this  section shall retain for a period of three years from the
    42  date each report or return is filed pursuant to this  section,  (a)  all
    43  such  reports  or  returns, (b) all documentation upon which each such a
    44  report or return relies, and (c) all other  documentation  necessary  to
    45  show compliance with this section.
    46    [4]  5.  (a) All surcharge monies remitted to the [county] counties of
    47  Cattaraugus, Cayuga, Cortland, Dutchess, Herkimer, Livingston,  Montgom-
    48  ery,  Nassau,  Ontario,  Putnam, Rensselaer, Schuyler, Seneca, Tompkins,
    49  Ulster, Wayne, Westchester,  and  Yates  by  a  wireless  communications
    50  service  supplier  shall  be  expended  only  upon  authorization of the
    51  [local] county legislative body and only for payment of system costs  or
    52  other costs associated with the design, construction, operation, mainte-
    53  nance, and administration of public safety communications networks serv-
    54  ing such county.  [The]
    55    (b) Until a county not subject to paragraph (a) of this subdivision is
    56  served  by  public  safety  communications networks which are capable of
        S. 6456                            149                           A. 9556

     1  providing enhanced wireless 911 service as defined by subdivisions  four
     2  and  five  of  section  three  hundred  twenty-five of this chapter, all
     3  surcharge monies remitted to such county by  a  wireless  communications
     4  service supplier shall be expended only upon authorization of the county
     5  legislative  body  and only for payment of eligible wireless 911 service
     6  costs as defined in subdivision sixteen of section three  hundred  twen-
     7  ty-five  of  this chapter. A county not subject to paragraph (a) of this
     8  subdivision which is served by  public  safety  communications  networks
     9  which  are capable of providing enhanced wireless 911 service as defined
    10  by subdivisions four and five of section three  hundred  twenty-five  of
    11  this chapter shall expend all surcharge monies remitted to it by a wire-
    12  less  communications  service  supplier  only  upon authorization of the
    13  county legislative body and only for payment of system costs  and  other
    14  costs  associated with the design, construction, operations, maintenance
    15  and administration of public safety communications networks serving such
    16  county.
    17    (c) Each county [of Nassau] imposing a surcharge  authorized  by  this
    18  section shall separately account for and keep adequate books and records
    19  of the amount and source of all such monies and of the amount and object
    20  or  purpose  of  all  expenditures thereof. If, at the end of any fiscal
    21  year, the total amount of all such monies exceeds the  amount  necessary
    22  for  payment  of  the  above  mentioned  costs in such fiscal year, such
    23  excess shall be reserved and carried over for the payment of those costs
    24  in the following fiscal year.
    25    6. The following counties are authorized to impose a surcharge  pursu-
    26  ant  to this section: Allegany, Broome, Cattaraugus, Cayuga, Chautauqua,
    27  Chemung, Clinton, Columbia, Cortland, Dutchess, Essex, Franklin, Fulton,
    28  Genesee, Herkimer, Livingston, Madison,  Montgomery,  Nassau,  Onondaga,
    29  Ontario,  Orange, Otsego, Putnam, Rensselaer, Schuyler, Seneca, Steuben,
    30  Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne,  Westches-
    31  ter, and Yates.
    32    §  4. Sections 308-a, 308-b, 308-c, 308-d, 308-e, 308-f, 308-g, 308-k,
    33  308-l, 308-m, 308-n, 308-p, 308-q, 308-r and 308-s are REPEALED.
    34    § 5. Section 309 of the county law, as amended by section 3 of part DD
    35  of chapter 85 of the laws of 2002, subdivision 5 as added by  section  2
    36  of  part G of chapter 81 of the laws of 2002 and paragraph (g) of subdi-
    37  vision 5 as added by section 6 of part Y of chapter 62 of  the  laws  of
    38  2003, is amended to read as follows:
    39    §  309.  State wireless communications service surcharge. 1.  Wireless
    40  communications service surcharge on other than prepaid wireless communi-
    41  cations service. (a) Notwithstanding any provision of law to the contra-
    42  ry, and excluding services subject to the surcharge imposed by  subdivi-
    43  sion  two  of  this  section, there shall be imposed a surcharge [of one
    44  dollar and twenty cents per month] on  wireless  communications  service
    45  where [the wireless communications customer's place of primary use is in
    46  New  York  state]  such wireless communications service includes two-way
    47  voice or data transmission to a public safety answering point or,  where
    48  no  public  safety  answering  point is designated, a designated default
    49  answering  point  or  an  appropriate  local  emergency  authority.  The
    50  surcharge  shall be imposed on such wireless communications service when
    51  provided to a wireless communications customer with a place  of  primary
    52  use  in  the  state, at the rate of one dollar twenty cents per month on
    53  each wireless communications device [and shall  be  reflected  and  made
    54  payable  on  bills rendered for wireless communications service provided
    55  to a wireless communications customer with a place of primary use in New
    56  York state
        S. 6456                            150                           A. 9556

     1    2. (a)] in service to such customer during any part of each month.
     2    (b)  (i) Each wireless communications service supplier providing wire-
     3  less communications service in New York state and subject to this subdi-
     4  vision shall act as collection agent for the state for the collection of
     5  the surcharge imposed by  this  [section]  subdivision.  Such  surcharge
     6  shall  be  reported and paid to the commissioner of taxation and finance
     7  on a quarterly basis on or before the fifteenth day of the month  [after
     8  the end of] following each [quarter] quarterly period ending on the last
     9  day  of  February,  May,  August and November, respectively.   Provided,
    10  however, the surcharges collected in the months  of  August,  September,
    11  October  and  November  of  two  thousand  two  shall be due on December
    12  fifteenth, two thousand two. The payments  shall  be  accompanied  by  a
    13  report  or  return  in  such form and containing such information as the
    14  commissioner of taxation and finance may prescribe. [However, the]
    15    (ii) Any surcharge required to be collected  by  a  wireless  communi-
    16  cations  service supplier pursuant to this subdivision shall be added as
    17  a separate item to bills rendered by the wireless communications service
    18  supplier to its wireless communications customers. Each wireless  commu-
    19  nications  customer who is subject to the provisions of this subdivision
    20  shall be liable to the state for the surcharge until it has been paid to
    21  the state, except that payment  to  a  wireless  communications  service
    22  supplier  is  sufficient to relieve such customer from further liability
    23  for such surcharge.
    24    (iii) A wireless communications service supplier shall have  no  legal
    25  obligation  to  enforce  the collection of any surcharge imposed by this
    26  subdivision.
    27    [(b) Any surcharge hereunder required to be collected  by  a  wireless
    28  communications  service supplier shall be added to and separately stated
    29  as a single charge on a wireless communications  customer's  bill.  Each
    30  wireless   communications   service  customer  who  is  subject  to  the
    31  provisions of this section shall be liable to the sate for the surcharge
    32  until it has been paid to the state except that payment  to  a  wireless
    33  communications  service  supplier  is sufficient to relieve the customer
    34  from further liability for such surcharge.]
    35    [(c)] (iv) Each wireless communications service  supplier  subject  to
    36  this  subdivision shall be entitled to retain, as an administrative fee,
    37  an amount equal to [two percent of fifty-eight and three-tenths] one and
    38  one hundred  sixteen  one-thousandths  percent  (1.116%)  of  the  total
    39  collections  of  the  surcharge  [pursuant to] imposed by this [section]
    40  subdivision, provided that such supplier files any  required  return  or
    41  report  and  remits  such  surcharge to the commissioner of taxation and
    42  finance on or before its due date.
    43    2. Wireless  communications  service  surcharge  on  prepaid  wireless
    44  communications  service. (a) Notwithstanding any provision of law to the
    45  contrary, and excluding services subject to  the  surcharge  imposed  by
    46  subdivision  one  of this section, there shall be imposed a surcharge on
    47  prepaid wireless communications service  where  such  wireless  communi-
    48  cations  service includes two-way voice or data transmission to a public
    49  safety answering point or, where no public  safety  answering  point  is
    50  designated, a designated default answering point or an appropriate local
    51  emergency  authority.  Such  surcharge shall be imposed on such wireless
    52  communications service when provided to wireless communications  custom-
    53  ers  with a place of primary use in the state, at the rate of one dollar
    54  twenty cents per month on each wireless communications device in service
    55  to such customers during each month.
        S. 6456                            151                           A. 9556

     1    (b) Each wireless communications service  supplier  providing  prepaid
     2  wireless  communications  service in New York state shall report and pay
     3  the surcharge imposed by this subdivision to the commissioner  of  taxa-
     4  tion  and finance on a quarterly basis on or before the fifteenth day of
     5  the  month  following  each  quarterly  period ending on the last day of
     6  February, May, August and November, respectively. The payments shall  be
     7  accompanied  by  a  report  or  return  in such form and containing such
     8  information as the commissioner of taxation and finance may prescribe.
     9    (c) Each wireless communications  service  supplier  subject  to  this
    10  subdivision  shall  be  entitled to retain, as an administrative fee, an
    11  amount equal to one and  one  hundred  sixteen  one-thousandths  percent
    12  (1.116%)  of  any  surcharge paid to the state pursuant to this subdivi-
    13  sion, provided that such supplier files any required  return  or  report
    14  and remits such surcharge to the commissioner of taxation and finance on
    15  or before its due date.
    16    (d)(i) Notwithstanding paragraph (a) of this subdivision, as an alter-
    17  native for all transactions during a reporting period, a wireless commu-
    18  nications  service  supplier  providing  prepaid wireless communications
    19  service may calculate the  amount  of  wireless  communications  service
    20  surcharge due to the state on account of prepaid wireless communications
    21  service  as  follows: The wireless communications service supplier shall
    22  divide the total earned revenue  received  during  each  month  in  each
    23  reporting  period  from prepaid wireless communications service provided
    24  by such supplier to wireless communications customers having a place  of
    25  primary  use  in the state, by thirty dollars, and multiply the quotient
    26  by the amount of the surcharge imposed pursuant to this subdivision.
    27    (ii) As used in this paragraph "total earned revenue  received"  shall
    28  mean  "gross  receipt"  as  defined  in  subdivision  one of section one
    29  hundred eighty-six-e of the tax law.
    30    (e) Nothing in the subdivision shall be interpreted to require a wire-
    31  less communications service supplier  subject  to  this  subdivision  to
    32  remit  a  surcharge  due  pursuant  this subdivision from any particular
    33  receipts, revenues or income of  such  wireless  communications  service
    34  supplier. The source of such remittance is within the sole discretion of
    35  each wireless communications service supplier.
    36    3.  Each  wireless  communications  service supplier required to remit
    37  wireless communications service surcharge collections or payments pursu-
    38  ant to this section shall retain (a) all reports or returns required  by
    39  this  section,  for a period of three years from the date of filing such
    40  report or return with the commissioner of taxation and finance, (b)  all
    41  documentation upon which such a report or return relies, for a period of
    42  three  years  from the date of filing such report or return, and (c) all
    43  other documentation necessary to show compliance with this section,  for
    44  a period of three years.
    45    4. Notwithstanding any provision of law to the contrary, all surcharge
    46  monies  collected  and  received  by  the  commissioner  of taxation and
    47  finance pursuant to this section shall be deposited daily to the  credit
    48  of  the comptroller with such responsible banks, banking houses or trust
    49  companies as may be designated by the comptroller. Such  deposits  shall
    50  be  kept  separate  and apart from all other monies in the possession of
    51  the comptroller. The comptroller shall require  adequate  security  from
    52  all such depositories.  Of the total revenue collected or received under
    53  this  section,  the  comptroller shall retain in the comptroller's hands
    54  such amount as the commissioner of taxation and finance may determine to
    55  be necessary for refunds under this section  out  of  which  amount  the
    56  comptroller  shall  pay any refunds to which taxpayers shall be entitled
        S. 6456                            152                           A. 9556

     1  under the provisions of  this  section.  The  comptroller  shall,  after
     2  reserving  the amount to pay such refunds, on or before the tenth day of
     3  each month, pay all surcharge monies [collected and received]  deposited
     4  under  this section during the preceding calendar month and remaining to
     5  the comptroller's credit [as follows: (a) forty-one and seven-tenths  of
     6  the  revenues  collected  and received under this section into the state
     7  general fund; and (b) after deducting the amount  paid  under  paragraph
     8  (a)  of  this  subdivision  and the amount retained by wireless communi-
     9  cations suppliers pursuant to paragraph (c) of subdivision two  of  this
    10  section,  the  balance  of the revenues collected under this section] on
    11  the last day of such preceding month into the [statewide  public  safety
    12  communications]  New  York  state  wireless  telephone emergency service
    13  account of the miscellaneous special revenue fund, created  pursuant  to
    14  section ninety-seven-qq of the state finance law.
    15    [4]  5.  The state of New York and any municipality participating with
    16  the New York state division of state police in the provision of wireless
    17  911 emergency services shall be exempt from any surcharge imposed  under
    18  subdivision one of this section.
    19    [5]  6.  The  monies  collected from the state wireless communications
    20  service surcharge shall be distributed to include the following:
    21    (a) [The] Up to the sum of twenty-five million five  hundred  thousand
    22  dollars shall be allocated to the state police pursuant to appropriation
    23  by the legislature annually;
    24    (b)  [The]  Up to the sum of one million five hundred thousand dollars
    25  shall be deposited into the New York state emergency services  revolving
    26  loan fund annually;
    27    (c)  Up to the sum of forty million dollars shall be available [in the
    28  state fiscal year two thousand two--two thousand  three,]  annually  for
    29  payments related to homeland security, the state public safety and secu-
    30  rity  programs,  including  but not limited to the detection, protection
    31  against, prevention,  response  and  recovery  from  terrorist  acts  or
    32  threats, pursuant to appropriation by the legislature;
    33    (d) To fund costs associated with the design, construction, and opera-
    34  tion  of  the  statewide wireless network annually pursuant to appropri-
    35  ation by the legislature;
    36    (e) [The] Up to the sum of [four million  two  hundred  thousand]  two
    37  million  seven  hundred  thousand dollars shall be made available to the
    38  state police [in fiscal year two thousand two--two thousand three] annu-
    39  ally for the  Federal  Communications  Assistance  Law  Enforcement  Act
    40  (CALEA); and
    41    (f)  Not  [less  than the sum of twenty million dollars in fiscal year
    42  two thousand two--two thousand three and not] less than the sum  of  ten
    43  million  dollars  [each  year  thereafter]  annually  shall be disbursed
    44  pursuant to article six-A of  this  chapter  and  appropriation  by  the
    45  legislature.
    46    (g) To provide the costs of debt service for bonds and notes issued to
    47  finance  expedited  deployment  funding  pursuant  to  the provisions of
    48  section three hundred thirty-three of this chapter and  section  sixteen
    49  hundred eighty-nine-h of the public authorities law.
    50    7.  The  provisions of article twenty-seven of the tax law and part II
    51  of article thirty-seven of the tax law, insofar as such part is applica-
    52  ble to article nine of the tax law, shall apply  to  the  provisions  of
    53  this section in the same manner and with the same force and effect as if
    54  the language of such article and part had been incorporated in full into
    55  this section and had expressly referred to the surcharges imposed pursu-
    56  ant  to  this  section,  except to the extent that any provision of such
        S. 6456                            153                           A. 9556

     1  article or part is either inconsistent with a provision of this  section
     2  or  is  not relevant to this section, and with such modifications as may
     3  be necessary to adapt the language of such provisions to the  surcharges
     4  imposed by this section, provided specifically that a reference to "tax"
     5  under  such  article and part shall refer to the wireless communications
     6  service surcharges imposed pursuant to this section.
     7    § 6. The county law is amended by adding a new section 312 to read  as
     8  follows:
     9    §  312.  Limited  safe  harbor  for  wireless  communications  service
    10  surcharge on prepaid wireless communications service. 1. Upon the appli-
    11  cation of a wireless communications service supplier,  the  commissioner
    12  of  taxation  and  finance,  in  his or her discretion, is authorized to
    13  enter into an agreement with such  wireless  supplier,  which  agreement
    14  shall  prescribe  a methodology designed to fairly and properly allocate
    15  wireless communications service surcharge payments  on  prepaid  service
    16  made  by  such  wireless supplier pursuant to subdivision two of section
    17  three hundred nine, subdivision three of section three hundred  ten  and
    18  subdivision  three  of  section three hundred eleven of this article, to
    19  the appropriate levels of taxing jurisdiction. Any such methodology  may
    20  apply  to  all  prepaid service of a wireless supplier or to one or more
    21  distinct groupings of prepaid wireless communications  service  of  such
    22  wireless  supplier.  The allocation methodology contained in such agree-
    23  ment shall apply prospectively from the date of its first utilization by
    24  such wireless supplier. If such wireless supplier utilizes the agreement
    25  methodology, such wireless supplier shall be held  harmless  during  the
    26  period  of  such  use from any liability for any wireless communications
    27  service surcharge imposed on prepaid service by or pursuant to  sections
    28  three  hundred  nine,  three hundred ten or three hundred eleven of this
    29  article, in the event such wireless supplier pays such wireless communi-
    30  cations service surcharge to the  wrong  taxing  jurisdiction  or  to  a
    31  taxing  jurisdiction  not  authorized to impose such a wireless communi-
    32  cations service surcharge, or does not pay such wireless  communications
    33  service surcharge to a taxing jurisdiction authorized to collect it.
    34    2.  Should  the  state  develop a database of enhanced zip codes which
    35  assigns each such enhanced zip code to a taxing jurisdiction, any agree-
    36  ment reached between a wireless communications service supplier and  the
    37  commissioner of taxation and finance pursuant to subdivision one of this
    38  section  shall  continue to apply to such a wireless supplier that is in
    39  compliance with the requirements of such  agreement,  until  six  months
    40  after  such  commissioner  has  notified  such  wireless supplier of the
    41  availability of a database assigning enhanced zip codes  to  appropriate
    42  levels of taxing jurisdiction. During such six month period such commis-
    43  sioner, in his or her discretion, is authorized to enter into an amended
    44  agreement with such wireless supplier, to enter in an agreement pursuant
    45  to  subdivision  one  of this section with a wireless supplier regarding
    46  payments on prepaid service made by such wireless  supplier  not  having
    47  such  an  agreement, or to terminate any such agreement. In the event an
    48  agreement with a prepaid wireless supplier is terminated or if no agree-
    49  ment pursuant to subdivision one of  this  section  is  reached  with  a
    50  supplier  of prepaid services, in order to be eligible for a safe harbor
    51  provided in this section at the end of the six month grace period,  such
    52  suppliers  shall  use  such database of enhanced zip codes as a proxy to
    53  assign each prepaid wireless communications customer to  an  appropriate
    54  place  of  primary use, and shall thereafter remit any wireless communi-
    55  cations service surcharge due  to  each  level  of  taxing  jurisdiction
    56  appropriate to such enhanced zip code.
        S. 6456                            154                           A. 9556

     1    3.  (a)  If  any  provision  of this section is adjudged by a court of
     2  competent jurisdiction to be (i) unconstitutional, (ii) in violation  of
     3  any  provision  of  the  federal  mobile telecommunications sourcing act
     4  (Public Law 106-252), or (iii) otherwise invalid  or  unenforceable  for
     5  any  reason,  then  in  such event, any such provision shall be rendered
     6  null and void as of the date of  such  adjudication  and  any  remaining
     7  provisions  of  this  section  and  the provisions of subdivision two of
     8  section three hundred nine, subdivision three of section  three  hundred
     9  ten  and subdivision three of section three hundred eleven of this arti-
    10  cle shall  apply  to  the  wireless  communications  service  surcharges
    11  required  to  be  paid  by  suppliers of prepaid wireless communications
    12  service as if such invalidated provision of this section had never taken
    13  effect.
    14    (b) If any agreement entered into between  a  wireless  communications
    15  service  supplier  and the commissioner of taxation and finance pursuant
    16  to subdivision one or two of this section shall be adjudged by  a  court
    17  of  competent  jurisdiction  to  be in violation of any provision of the
    18  federal mobile telecommunications sourcing act (Public Law 106-252),  or
    19  otherwise  invalid  or unenforceable for any reason, then in such event,
    20  any such agreement shall be deemed null and void  as  of  its  effective
    21  date,  and  the  provisions  of subdivision two of section three hundred
    22  nine, subdivision three of section three  hundred  ten  and  subdivision
    23  three of section three hundred eleven of this article shall apply to the
    24  wireless  communications  service surcharges required to be paid by such
    25  wireless supplier on prepaid service as if such agreement had never been
    26  entered into by such wireless supplier.
    27    § 7. Subdivision 8 of section 186-e of the tax law, as added by  chap-
    28  ter 2 of the laws of 1995, is amended to read as follows:
    29    8.  Enhanced emergency telephone system surcharge fee. Notwithstanding
    30  any other provision contained in this chapter or any other law, for  the
    31  purposes  of this section, any surcharge collected or paid or any admin-
    32  istrative fee retained by any  provider  of  telecommunication  services
    33  [acting  as  collection  agent  for  a  municipality]  pursuant  to  the
    34  provisions of article six of the county law shall not be considered  as,
    35  nor included in the determination of gross receipts of the provider.
    36    §  8.  Subdivision  15  of  section 325 of the county law, as added by
    37  section 1 of part G of chapter 81 of the laws of  2002,  is  amended  to
    38  read as follows:
    39    15. "Fund" shall mean the [statewide public safety communications] New
    40  York  state  wireless  telephone  emergency  service account established
    41  pursuant to section ninety-seven-qq of the state finance law.
    42    § 9. Notwithstanding any other provision of law, the  amendments  made
    43  by  sections  one through four, six and eight of this act shall apply to
    44  any local law enacted before the effective date of this act pursuant  to
    45  the  authority  of  former  sections 308-a through sections 308-s of the
    46  county law, and any such local law is deemed amended, as of  the  effec-
    47  tive date of this act, to conform with the provisions of this act.
    48    §  10.  This  act  shall take effect on the first day of the quarterly
    49  period, as described in paragraph (a) of subdivision 2 of section 309 of
    50  the county law as it existed immediately prior to the effective date  of
    51  this  act,  which begins at least one hundred twenty days after this act
    52  shall have become law; provided, however, that the commissioner of taxa-
    53  tion and finance shall be authorized on and  after  the  date  this  act
    54  shall  have become a law to adopt and amend any rules or regulations and
    55  issue any procedures, forms or instructions necessary to  implement  the
    56  provisions of this act on its effective date.
        S. 6456                            155                           A. 9556

     1                                   PART U

     2    Section  1.  The opening paragraph of section 43 of chapter 106 of the
     3  laws of 2003, constituting the Patriot Plan, as amended by  chapter  150
     4  of the laws of 2005, is amended to read as follows:
     5    This  act  shall  take  effect  immediately;  provided,  however, that
     6  section forty-two of this act shall  be  deemed  repealed  [three]  five
     7  years after it shall have become a law; provided further that:
     8    §  2.  This act shall take effect immediately, except that if this act
     9  shall become a law on or after July 1, 2006 this act shall be deemed  to
    10  have been in full force and effect on and after July 1, 2006.
          FISCAL  NOTE.--Section  42  of  this bill would give public retirement
        systems authorization to temporarily suspend retirement  loan  repayment
        obligations  of  retirement  system  members  who are absent on military
        duty, as defined in section 243 of the military law. It  is  anticipated
        that  these  changes  will  have  negligible  impact on employer pension
        contributions.
          The source of this fiscal note is the New York State Division  of  the
        Budget.

    11                                   PART V

    12    Section  1.  Section 204 of the civil service law is amended by adding
    13  two new subdivisions 4 and 5 to read as follows:
    14    4. Where an employee organization has  been  certified  or  recognized
    15  pursuant  to  the  provisions of this article as the exclusive represen-
    16  tative of employees in a negotiating unit,  such  employee  organization
    17  shall pay to the board an annual fee within ninety days of the commence-
    18  ment  of  the  public  employer's  fiscal  year,  to be deposited in the
    19  miscellaneous special revenue fund public employment  relations  account
    20  (339.93),  in  the  amount  of seventy five dollars for each negotiating
    21  unit or such other amount as may be hereafter established by the  board,
    22  by  rule,  duly adopted. Each negotiating unit shall also file an annual
    23  information update in such form as the board may prescribe  which  shall
    24  include:
    25    (a) The current name and address of the organization and of any parent
    26  organization or other organization with which it is affiliated.
    27    (b)  The  current names and office addresses of the principal officers
    28  and of all representatives designated by the organization  to  represent
    29  the organization before the board.
    30    (c) A current list of all titles in the negotiating unit and the total
    31  number of employees currently in the unit.
    32    (d) A copy of the most recent collective bargaining agreement, togeth-
    33  er  with any memoranda, arbitration awards or other agreements or deter-
    34  minations altering or amending the terms and conditions of employment of
    35  the employees in the negotiating unit.
    36    (e) Such other and further information as  the  board  may  reasonably
    37  deem  necessary  to promote the policies and provisions of this subdivi-
    38  sion, as may be established by rules duly adopted by the board.
    39    5. Where an employee organization has  been  certified  or  recognized
    40  pursuant  to  the provisions of this article, the public employer in the
    41  government subdivision where the employee organization has  been  certi-
    42  fied  or  recognized  as  exclusive  negotiating agent, shall pay to the
    43  board an annual fee for each certified or recognized negotiating unit in
    44  accordance with the fee schedule established in subdivision four of this
        S. 6456                            156                           A. 9556

     1  section and shall also file an annual information update in such form as
     2  the board may prescribe which shall include:
     3    (a) The name and official addresses of the chief executive officer and
     4  the chief legal officer of the government subdivision.
     5    (b)  The  names and addresses of the persons or entities designated to
     6  represent the public employer before the board.
     7    (c) A current list of all titles in the negotiating unit and the total
     8  number of employees currently in the unit.
     9    (d) A copy of the most recent collective bargaining agreement, togeth-
    10  er with any memoranda, arbitration awards or other agreements or  deter-
    11  minations altering or amending the terms and conditions of employment of
    12  the employees in the negotiating unit.
    13    (e)  Such  other  and  further information as the board may reasonably
    14  deem necessary to promote the policies and provisions of  this  subdivi-
    15  sion, as may be established by rules duly adopted by the board.
    16    §  2.  This  act  shall take effect immediately and shall be deemed to
    17  have been in full force and effect on and after April 1, 2006.

    18                                   PART W

    19    Section 1. Section 190.30 of the criminal procedure law is amended  by
    20  adding a new subdivision 8 to read as follows:
    21    8.  Business  records  may  be  received  at grand jury proceedings as
    22  evidence of the facts stated in such proceedings, provided such  records
    23  are  accompanied  by  a  written  statement, under oath, of the record's
    24  custodian or other qualified witness of  the  business.  Such  statement
    25  shall contain a list or description of the records attached and state in
    26  substance  that the person is a duly authorized custodian of the records
    27  or other qualified witness with knowledge that such records were made in
    28  the regular course of business and that it was  the  regular  course  of
    29  such  business  to make such at the time of the act, transaction, occur-
    30  rence or event, or within a reasonable  time  thereafter.  Such  written
    31  statement  may  also  include  a  statement  that  the business does not
    32  possess a particular record  or  records,  and  such  statement  may  be
    33  received  at  grand  jury  proceedings  as evidence of the fact that the
    34  business does not possess such record or records. When it  is  necessary
    35  for the business whose records are being offered into evidence to submit
    36  a  written  statement  under oath from more than one of its employees in
    37  order to comply with this subdivision, more than one  written  statement
    38  under  oath  may  be  attached  to  the records. For the purpose of this
    39  subdivision, the term "business" includes a business, profession,  occu-
    40  pation and calling of every kind.
    41    § 2. This act shall take effect on the first of November next succeed-
    42  ing the date on which it shall have become a law.

    43                                   PART X

    44    Section  1.  Subdivisions  3,  4  and  5  of section 97-g of the state
    45  finance law, subdivision 3 as amended by section 45 of part K of chapter
    46  81 of the laws of 2002, subdivision 4 as amended by chapter 577  of  the
    47  laws  of  1988  and subdivision 5 as added by chapter 710 of the laws of
    48  1964, are amended to read as follows:
    49    3. Moneys of the fund shall be available to the commissioner of gener-
    50  al services for the purchase of food, supplies and equipment for  [state
    51  institutions  and other] state agencies, and for the purpose of furnish-
    52  ing or providing centralized services to or for [state institutions  and
        S. 6456                            157                           A. 9556

     1  other]  state agencies; provided further that such money shall be avail-
     2  able to the commissioner of general services for  purposes  pursuant  to
     3  items  (a),  (c),  (d),  (f),  (h)  and  (m) of subdivision four of this
     4  section  to  or  for political subdivisions, public benefit corporations
     5  and public authorities and for purposes pursuant to items (i),  (j)  and
     6  (k)  of  subdivision four of this section to or for eligible recipients.
     7  Beginning the first day of April, two thousand two, moneys in such  fund
     8  shall  also  be transferred by the state comptroller to the revenue bond
     9  tax fund account of the general debt service fund in  amounts  equal  to
    10  those  required  for  payments  to  authorized issuers for revenue bonds
    11  issued pursuant to article five-C of this chapter  for  the  purpose  of
    12  lease  purchases  and installment purchases by or for state agencies and
    13  institutions for personal or real property purposes.
    14    4. The term "centralized services" as used in this section shall  mean
    15  and  include  only  (a) communications services, (b) mail, messenger and
    16  reproduction services, (c) computer services, (d)  [gasoline]  fuel  and
    17  automotive  services,  (e)  renovation  and  maintenance  services,  (f)
    18  purchases of [electricity] electric energy, electric generating  capaci-
    19  ty,  renewable  energy  and/or  renewable  energy credits from the power
    20  authority of the state of New York or from other  power  suppliers,  (g)
    21  real  property management services, (h) building design and construction
    22  services, (i) parking services to eligible recipients, (j)  distribution
    23  of  United  States  department  of agriculture donated foods to eligible
    24  recipients, pursuant to all applicable  statutes  and  regulations,  (k)
    25  distribution  of  federal  surplus  property  donations  to all eligible
    26  recipients, pursuant to applicable statutes and regulations  [and],  (1)
    27  payments  and  related  services  for  lease  purchases  and installment
    28  purchases by or for state agencies [and institutions] for personal prop-
    29  erty purposes financed through the issuance of certificates  of  partic-
    30  ipation  and  (m)  distribution  of state surplus personal property. The
    31  services defined in items [(a) through (h)], (b), (e), (g)  and  (l)  of
    32  this  subdivision  shall be provided to state agencies [and institutions
    33  only]. The services defined in items (a), (c), (d), (f), (h) and (m)  of
    34  this  subdivision  may be provided to state agencies, political subdivi-
    35  sions, public authorities or public benefit corporations.  The  services
    36  defined in items (i), (j) and (k) of this subdivision may be provided to
    37  eligible  recipients  as  determined  by  the  commissioner  of  general
    38  services relative to the type of service  provided.  The  terms  "public
    39  benefit  corporations"  and "public authorities" as used in this section
    40  shall mean and include only those public authorities and public  benefit
    41  corporations  the  heads of which are appointed by the governor or where
    42  the majority of the board members are appointed by the governor or serve
    43  as members by virtue of holding a civil office of the state.
    44    5. The amount expended from such fund for the [above-stated]  purposes
    45  set  forth  in this section shall be charged against the state [institu-
    46  tion or] agency receiving such food, supplies, equipment and services or
    47  political subdivisions, public benefit corporations or  public  authori-
    48  ties  receiving  such  communication  services, computer services, fuel,
    49  automotive services,  electric  energy,  electric  generating  capacity,
    50  renewable  energy  and/or  renewable energy credits, building design and
    51  construction services, distribution of state surplus  personal  property
    52  or  eligible  recipients  for  parking, donated foods or federal surplus
    53  property and all payments received therefor shall be  credited  to  such
    54  fund.
    55    §  2. Section 202 of the executive law, as added by chapter 170 of the
    56  laws of 1994, is amended to read as follows:
        S. 6456                            158                           A. 9556

     1    § 202. General duties. The office of general  services  shall  provide
     2  [coordinated] centralized services in support of state [departments and]
     3  agencies,  [and,  as  specified,  authorities, municipalities] political
     4  subdivisions, public benefit corporations, public authorities  and  not-
     5  for-profit  organizations,  hereafter  for  the purposes of this section
     6  referred to as agencies.  Such  support  services  shall  (i)  serve  to
     7  conserve  state  resources, (ii) benefit multiple agencies, and (iii) be
     8  consistent with the needs and interests of the agencies receiving  those
     9  services.  Support  services  may be delivered directly by the office of
    10  general services or by other means which ensure the  cost  effectiveness
    11  of those services. The commissioner of general services may recommend to
    12  the governor new services which could be offered by the office of gener-
    13  al  services,  and  that  would  reduce  state or local expenditures and
    14  facilitate the mission of agencies currently receiving  or  which  could
    15  receive such services.
    16    § 3. This act shall take effect immediately.

    17                                   PART Y

    18    Section  1.  Section 220.06 of the penal law, as amended by chapter 75
    19  of the laws of 1995, subdivision 4 as amended by chapter 537 of the laws
    20  of 1998, subdivision 6 as added by chapter 635 of the laws of  1997  and
    21  subdivision  7  as  amended and subdivision 8 as added by chapter 264 of
    22  the laws of 2003, is amended to read as follows:
    23  § 220.06 Criminal possession of a  controlled  substance  in  the  fifth
    24             degree.
    25    A person is guilty of criminal possession of a controlled substance in
    26  the fifth degree when he or she knowingly and unlawfully possesses:
    27    1. a controlled substance with intent to sell it; or
    28    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
    29  containing a narcotic  preparation  and  said  preparations,  compounds,
    30  mixtures  or  substances  are of an aggregate weight of [one-half ounce]
    31  fourteen grams or more; or
    32    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
    33  containing  phencyclidine  and  said  [phencyclidine weighs fifty milli-
    34  grams] preparations, compounds, mixtures or substances are of an  aggre-
    35  gate weight of five hundred milligrams or more; or
    36    4.  one  or  more  preparations,  compounds,  mixtures  or  substances
    37  containing concentrated cannabis as defined in paragraph (a) of subdivi-
    38  sion four of section thirty-three hundred two of the public  health  law
    39  and  said  preparations,  compounds,  mixtures  or  substances are of an
    40  aggregate weight of [one-fourth ounce] seven grams or more; or
    41    5.  one  or  more  preparations,  compounds,  mixtures  or  substances
    42  containing  cocaine  and  said  [cocaine weighs five hundred milligrams]
    43  preparations, compounds, mixtures or  substances  are  of  an  aggregate
    44  weight of eight hundred thirty-three milligrams or more.
    45    6.  one  or  more  preparations,  compounds,  mixtures  or  substances
    46  containing ketamine and said [ketamine weighs] preparations,  compounds,
    47  mixtures or substances are of an aggregate weight of more than one thou-
    48  sand milligrams; or
    49    7.  ketamine  and  has  previously been convicted of possession or the
    50  attempt to commit possession of ketamine in any amount; or
    51    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
    52  containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
    53  subdivision (e) of schedule I of section thirty-three hundred six of the
        S. 6456                            159                           A. 9556

     1  public  health  law,  and  said  preparations,  compounds,  mixtures  or
     2  substances are of an aggregate weight of twenty-eight grams or more.
     3    Criminal possession of a controlled substance in the fifth degree is a
     4  class D felony.
     5    §  2. Section 220.09 of the penal law, as amended by chapter 75 of the
     6  laws of 1995, subdivision 10 as amended by chapter 537 of  the  laws  of
     7  1998,  subdivision  13 as amended by chapter 635 of the laws of 1997 and
     8  subdivision 14 as amended and subdivision 15 as added by chapter 264  of
     9  the laws of 2003, is amended to read as follows:
    10  § 220.09 Criminal  possession  of  a  controlled substance in the fourth
    11             degree.
    12    A person is guilty of criminal possession of a controlled substance in
    13  the fourth degree when he or she knowingly and unlawfully possesses:
    14    1.  one  or  more  preparations,  compounds,  mixtures  or  substances
    15  containing a narcotic drug and said preparations, compounds, mixtures or
    16  substances  are  of  an aggregate weight of [one-eighth ounce] three and
    17  one-half grams or more; or
    18    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
    19  containing  methamphetamine,  its salts, isomers or salts of isomers and
    20  said preparations, compounds, mixtures or substances are of an aggregate
    21  weight of [one-half ounce] fourteen grams or more; or
    22    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
    23  containing  a  narcotic  preparation  and  said preparations, compounds,
    24  mixtures or substances are  of  an  aggregate  weight  of  [two  ounces]
    25  fifty-seven grams or more; or
    26    4.  one  or  more  preparations,  compounds,  mixtures  or  substances
    27  containing a stimulant and said [stimulant  weighs  one  gram]  prepara-
    28  tions,  compounds,  mixtures or substances are of an aggregate weight of
    29  two grams or more; or
    30    5.  one  or  more  preparations,  compounds,  mixtures  or  substances
    31  containing lysergic acid diethylamide and said [lysergic acid diethylam-
    32  ide   weighs   one   milligram]  preparations,  compounds,  mixtures  or
    33  substances are of an aggregate weight of  three  hundred  milligrams  or
    34  more; or
    35    6.  one  or  more  preparations,  compounds,  mixtures  or  substances
    36  containing a hallucinogen  and  said  [hallucinogen  weighs  twenty-five
    37  milligrams]  preparations,  compounds,  mixtures or substances are of an
    38  aggregate weight of five grams or more; or
    39    7.  one  or  more  preparations,  compounds,  mixtures  or  substances
    40  containing a hallucinogenic substance and said [hallucinogenic substance
    41  weighs  one gram] preparations, compounds, mixtures or substances are of
    42  an aggregate weight of three grams or more; or
    43    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
    44  containing  a dangerous depressant and [such dangerous depressant weighs
    45  ten ounces] said preparations, compounds, mixtures or substances are  of
    46  an aggregate weight of two hundred eighty-three grams or more; or
    47    9.  one  or  more  preparations,  compounds,  mixtures  or  substances
    48  containing a depressant and [such depressant  weighs  two  pounds]  said
    49  preparations,  compounds,  mixtures  or  substances  are of an aggregate
    50  weight of nine hundred six grams or more; or
    51    10. one  or  more  preparations,  compounds,  mixtures  or  substances
    52  containing concentrated cannabis as defined in paragraph (a) of subdivi-
    53  sion  four  of section thirty-three hundred two of the public health law
    54  and said preparations, compounds,  mixtures  or  substances  are  of  an
    55  aggregate weight of [one ounce] twenty-eight grams or more; or
        S. 6456                            160                           A. 9556

     1    11.  one  or  more  preparations,  compounds,  mixtures  or substances
     2  containing phencyclidine and  said  [phencyclidine  weighs  two  hundred
     3  fifty milligrams] preparations, compounds, mixtures or substances are of
     4  an aggregate weight of two and one-half grams or more; or
     5    12.  one  or  more  preparations,  compounds,  mixtures  or substances
     6  containing methadone and said  [methadone  weighs  three  hundred  sixty
     7  milligrams]  preparations,  compounds,  mixtures or substances are of an
     8  aggregate weight of more than seven grams or more; or
     9    13. one  or  more  preparations,  compounds,  mixtures  or  substances
    10  containing  phencyclidine  and  said  [phencyclidine weighs fifty milli-
    11  grams] preparations, compounds, mixtures or substances are of an  aggre-
    12  gate  weight  of  five hundred milligrams or more with intent to sell it
    13  and has previously been convicted of an offense defined in this  article
    14  or the attempt or conspiracy to commit any such offense; or
    15    14.  one  or  more  preparations,  compounds,  mixtures  or substances
    16  containing ketamine and said [ketamine weighs four thousand  milligrams]
    17  preparations,  compounds,  mixtures  or  substances  are of an aggregate
    18  weight of four grams or more; or
    19    15. one  or  more  preparations,  compounds,  mixtures  or  substances
    20  containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
    21  subdivision (e) of schedule I of section thirty-three hundred six of the
    22  public  health  law,  and  said  preparations,  compounds,  mixtures  or
    23  substances are of an aggregate weight of two hundred grams or more.
    24    Criminal  possession of a controlled substance in the fourth degree is
    25  a class C felony.
    26    § 3. Section 220.16 of the penal law, as amended by chapter 75 of  the
    27  laws of 1995, is amended to read as follows:
    28  § 220.16 Criminal  possession  of  a  controlled  substance in the third
    29             degree.
    30    A person is guilty of criminal possession of a controlled substance in
    31  the third degree when he or she knowingly and unlawfully possesses:
    32    1. a narcotic drug with intent to sell it; or
    33    2. a stimulant, hallucinogen, hallucinogenic  substance,  or  lysergic
    34  acid  diethylamide,  with intent to sell it and has previously been con-
    35  victed of an offense defined in this article [two hundred twenty] or the
    36  attempt or conspiracy to commit any such offense; or
    37    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
    38  containing a stimulant with intent to sell it and said [stimulant weighs
    39  one  gram]  preparations,  compounds,  mixtures  or substances are of an
    40  aggregate weight of two grams or more; or
    41    4.  one  or  more  preparations,  compounds,  mixtures  or  substances
    42  containing  lysergic  acid  diethylamide with intent to sell it and said
    43  [lysergic  acid  diethylamide  weighs   one   milligram]   preparations,
    44  compounds,  mixtures  or  substances are of an aggregate weight of three
    45  hundred milligrams or more; or
    46    5.  one  or  more  preparations,  compounds,  mixtures  or  substances
    47  containing  a hallucinogen with intent to sell it and said [hallucinogen
    48  weighs twenty-five  milligrams]  preparations,  compounds,  mixtures  or
    49  substances are of an aggregate weight of five grams or more; or
    50    6.  one  or  more  preparations,  compounds,  mixtures  or  substances
    51  containing a hallucinogenic substance with intent to sell  it  and  said
    52  [hallucinogenic  substance  weighs  one  gram]  preparations, compounds,
    53  mixtures or substances are of an aggregate  weight  of  three  grams  or
    54  more; or
    55    7.  one  or  more  preparations,  compounds,  mixtures  or  substances
    56  containing methamphetamine, its salts, isomers or salts of isomers  with
        S. 6456                            161                           A. 9556

     1  intent  to  sell  it  and  said  preparations,  compounds,  mixtures  or
     2  substances are of an aggregate weight of [one-eighth  ounce]  three  and
     3  one-half grams or more; or
     4    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
     5  containing a stimulant and said [stimulant weighs five  grams]  prepara-
     6  tions,  compounds,  mixtures or substances are of an aggregate weight of
     7  ten grams or more; or
     8    9.  one  or  more  preparations,  compounds,  mixtures  or  substances
     9  containing lysergic acid diethylamide and said [lysergic acid diethylam-
    10  ide   weighs  five  milligrams]  preparations,  compounds,  mixtures  or
    11  substances are of an aggregate  weight  of  one  thousand  five  hundred
    12  milligrams or more; or
    13    10.  one  or  more  preparations,  compounds,  mixtures  or substances
    14  containing a hallucinogen and  said  [hallucinogen  weighs  one  hundred
    15  twenty-five  milligrams] preparations, compounds, mixtures or substances
    16  are of an aggregate weight of twenty-five grams or more; or
    17    11. one  or  more  preparations,  compounds,  mixtures  or  substances
    18  containing a hallucinogenic substance and said [hallucinogenic substance
    19  weighs  five  grams] preparations, compounds, mixtures or substances are
    20  of an aggregate weight of fifteen grams or more; or
    21    12. 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 [one-half ounce] fourteen grams
    24  or more; or
    25    13.  one  or  more  preparations,  compounds,  mixtures  or substances
    26  containing phencyclidine and said [phencyclidine weighs one thousand two
    27  hundred  fifty  milligrams]   preparations,   compounds,   mixtures   or
    28  substances  are  of  an aggregate weight of twelve and one-half grams or
    29  more.
    30    Criminal possession of a controlled substance in the third degree is a
    31  class B felony.
    32    § 4. Section 220.18 of the penal law, as amended by chapter 75 of  the
    33  laws  of  1995,  the  opening  paragraph and subdivision 1 as amended by
    34  chapter 738 of the laws of 2004, is amended to read as follows:
    35  § 220.18 Criminal possession of a controlled  substance  in  the  second
    36             degree.
    37    A person is guilty of criminal possession of a controlled substance in
    38  the second degree when he or she knowingly and unlawfully possesses:
    39    1.  one  or  more  preparations,  compounds,  mixtures  or  substances
    40  containing a narcotic drug and said preparations, compounds, mixtures or
    41  substances are of an aggregate weight of [four ounces] fifty-seven grams
    42  or more; or
    43    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
    44  containing  methamphetamine,  its salts, isomers or salts of isomers and
    45  said preparations, compounds, mixtures or substances are of an aggregate
    46  weight of [two ounces] fifty-seven grams or more; or
    47    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
    48  containing  a  stimulant  and said [stimulant weighs ten grams] prepara-
    49  tions, compounds, mixtures or substances are of an aggregate  weight  of
    50  twenty grams or more; or
    51    4.  one  or  more  preparations,  compounds,  mixtures  or  substances
    52  containing lysergic acid diethylamide and said [lysergic acid diethylam-
    53  ide weighs twenty-five milligrams] preparations, compounds, mixtures  or
    54  substances  are  of  an  aggregate weight of seven and one-half grams or
    55  more; or
        S. 6456                            162                           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, the opening paragraph and  subdivision  1  as  amended  by
    17  chapter 738 of the laws of 2004, is amended to read as follows:
    18  §  220.21  Criminal  possession  of  a controlled substance in the first
    19             degree.
    20    A person is guilty of criminal possession of a controlled substance in
    21  the first degree when he or she knowingly and unlawfully possesses:
    22    1.  one  or  more  preparations,  compounds,  mixtures  or  substances
    23  containing a narcotic drug and said preparations, compounds, mixtures or
    24  substances  are  of  an  aggregate  weight of [eight ounces] one hundred
    25  thirteen grams or more; or
    26    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
    27  containing  methadone  and  said  [methadone  weighs five thousand seven
    28  hundred  sixty  milligrams]   preparations,   compounds,   mixtures   or
    29  substances  are  of  an aggregate weight of one hundred fifteen grams or
    30  more.
    31    Criminal possession of a controlled substance in the first degree is a
    32  class A-I felony.
    33    § 6. Section 220.34 of the penal law, as amended by chapter 280 of the
    34  laws of 1986, subdivisions 2 and 4 as amended by chapter 75 of the  laws
    35  of  1995,  subdivision  3 as amended by chapter 537 of the laws of 1998,
    36  subdivision 6-a as added by chapter 635 of the laws of 1997, subdivision
    37  7 as amended by chapter 289 of the laws of 1998  and  subdivision  8  as
    38  amended  and  subdivision 9 as added by chapter 264 of the laws of 2003,
    39  is amended to read as follows:
    40  § 220.34 Criminal sale of a controlled substance in the fourth degree.
    41    A person is guilty of criminal sale of a controlled substance  in  the
    42  fourth degree when he or she knowingly and unlawfully sells:
    43    1. a narcotic preparation; or
    44    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
    45  containing a dangerous depressant or a  depressant  and  the  [dangerous
    46  depressant  weighs  ten  ounces  or  more,  or the depressant weighs two
    47  pounds] preparations, compounds, mixtures  or  substances  containing  a
    48  dangerous  depressant  are of an aggregate weight of two hundred eighty-
    49  three grams or  more,  or  said  preparations,  compounds,  mixtures  or
    50  substances  containing the depressant are of an aggregate weight of nine
    51  hundred six grams or more; or
    52    3. concentrated cannabis as defined in paragraph  (a)  of  subdivision
    53  four of section thirty-three hundred two of the public health law; or
    54    4.  one  or  more  preparations,  compounds,  mixtures  or  substances
    55  containing phencyclidine and [the phencyclidine weighs fifty milligrams]
        S. 6456                            163                           A. 9556

     1  said preparations, compounds, mixtures or substances are of an aggregate
     2  weight of two and one-half grams or more; or
     3    5. methadone; or
     4    6. any amount of phencyclidine and has previously been convicted of an
     5  offense  defined  in this article or the attempt or conspiracy to commit
     6  any such offense; or
     7    6-a. one or  more  preparations,  compounds,  mixtures  or  substances
     8  containing  ketamine and said [ketamine weighs four thousand milligrams]
     9  preparations, compounds, mixtures or  substances  are  of  an  aggregate
    10  weight of four grams or more.
    11    7. a controlled substance in violation of section 220.31 of this arti-
    12  cle, when such sale takes place upon school grounds; or
    13    8. a controlled substance in violation of section 220.31 of this arti-
    14  cle,  when such sale takes place upon the grounds of a child day care or
    15  educational facility  under  circumstances  evincing  knowledge  by  the
    16  defendant  that  such sale is taking place upon such grounds. As used in
    17  this subdivision, the phrase "the grounds of a child day care or  educa-
    18  tional facility" shall have the same meaning as provided for in subdivi-
    19  sion  five  of  section 220.44 of this article. For the purposes of this
    20  subdivision, a rebuttable presumption shall be established that a person
    21  has knowledge that they are within the grounds of a child  day  care  or
    22  educational facility when notice is conspicuously posted of the presence
    23  or proximity of such facility; or
    24    9.  one  or  more  preparations,  compounds,  mixtures  or  substances
    25  containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
    26  subdivision (e) of schedule I of section thirty-three hundred six of the
    27  public  health  law,  and  said  preparations,  compounds,  mixtures  or
    28  substances are of an aggregate weight of twenty-eight grams or more.
    29    Criminal sale of a controlled substance in  the  fourth  degree  is  a
    30  class C felony.
    31    §  7.  Section  220.39 of the penal law, as amended by chapter 1051 of
    32  the laws of 1973, subdivisions 3, 4, 5, 6, 7, and 8 as amended by  chap-
    33  ter 75 of the laws of 1995, subdivision 9 as added and the closing para-
    34  graph  as amended by chapter 410 of the laws of 1979, is amended to read
    35  as follows:
    36  § 220.39 Criminal sale of a controlled substance in the third degree.
    37    A person is guilty of criminal sale of a controlled substance  in  the
    38  third degree when he or she knowingly and unlawfully sells:
    39    1. a narcotic drug; or
    40    2.  a  stimulant,  hallucinogen, hallucinogenic substance, or lysergic
    41  acid diethylamide and  has  previously  been  convicted  of  an  offense
    42  defined in this article [two hundred twenty] or the attempt or conspira-
    43  cy to commit any such offense; or
    44    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
    45  containing a stimulant and the [stimulant weighs one gram] preparations,
    46  compounds, mixtures or substances are of  an  aggregate  weight  of  two
    47  grams or more; or
    48    4.  one  or  more  preparations,  compounds,  mixtures  or  substances
    49  containing lysergic acid diethylamide and the [lysergic acid  diethylam-
    50  ide   weighs   one   milligram]  preparations,  compounds,  mixtures  or
    51  substances are of an aggregate weight of  three  hundred  milligrams  or
    52  more; or
    53    5.  one  or  more  preparations,  compounds,  mixtures  or  substances
    54  containing a  hallucinogen  and  the  [hallucinogen  weighs  twenty-five
    55  milligrams]  preparations,  compounds,  mixtures or substances are of an
    56  aggregate weight of five grams or more; or
        S. 6456                            164                           A. 9556

     1    6.  one  or  more  preparations,  compounds,  mixtures  or  substances
     2  containing  a hallucinogenic substance and the [hallucinogenic substance
     3  weighs one gram] preparations, compounds, mixtures or substances are  of
     4  an aggregate weight of three grams or more; or
     5    7.  one  or  more  preparations,  compounds,  mixtures  or  substances
     6  containing methamphetamine, its salts, isomers or salts of  isomers  and
     7  the  preparations, compounds, mixtures or substances are of an aggregate
     8  weight of [one-eighth ounce] three and one-half grams or more; or
     9    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
    10  containing phencyclidine and the [phencyclidine weighs two hundred fifty
    11  milligrams]  preparations,  compounds,  mixtures or substances are of an
    12  aggregate weight of two and one-half grams or more; or
    13    9. a narcotic preparation to a person less than twenty-one years old.
    14    Criminal sale of a controlled substance in the third degree is a class
    15  B felony.
    16    § 8. Section 220.41 of the penal law, as added by chapter 276  of  the
    17  laws of 1973 and subdivisions 1, 2, 3, 4, 5, 6 and 7 as amended by chap-
    18  ter 75 of the law of 1995, is amended to read as follows:
    19  § 220.41 Criminal sale of a controlled substance in the second degree.
    20    A  person  is guilty of criminal sale of a controlled substance in the
    21  second degree when he or she knowingly and unlawfully sells:
    22    1.  one  or  more  preparations,  compounds,  mixtures  or  substances
    23  containing  a narcotic drug and the preparations, compounds, mixtures or
    24  substances are of an aggregate weight of [one-half ounce] fourteen grams
    25  or more; or
    26    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
    27  containing  methamphetamine,  its salts, isomers or salts of isomers and
    28  the preparations, compounds, mixtures or substances are of an  aggregate
    29  weight of [one-half ounce] fourteen grams or more; or
    30    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
    31  containing a stimulant and the [stimulant weighs  five  grams]  prepara-
    32  tions,  compounds,  mixtures or substances are of an aggregate weight of
    33  ten grams or more; or
    34    4.   one or  more  preparations,  compounds,  mixtures  or  substances
    35  containing  lysergic acid diethylamide and the [lysergic acid diethylam-
    36  ide  weighs  five  milligrams]  preparations,  compounds,  mixtures   or
    37  substances  are  of  an  aggregate  weight  of one thousand five hundred
    38  milligrams or more; or
    39    5.   one or  more  preparations,  compounds,  mixtures  or  substances
    40  containing a hallucinogen and the [hallucinogen weighs one hundred twen-
    41  ty-five  milligrams] preparations, compounds, mixtures or substances are
    42  of an aggregate weight of twenty-five grams or more; or
    43    6.   one or  more  preparations,  compounds,  mixtures  or  substances
    44  containing  a hallucinogenic substance and the [hallucinogenic substance
    45  weighs five grams] preparations, compounds, mixtures or  substances  are
    46  of an aggregate weight of fifteen grams or more; or
    47    7.    one  or  more  preparations,  compounds,  mixtures or substances
    48  containing methadone and  the  [methadone  weighs  three  hundred  sixty
    49  milligrams]  preparations,  compounds,  mixtures or substances are of an
    50  aggregate weight of seven grams or more.
    51    Criminal sale of a controlled substance in  the  second  degree  is  a
    52  class A-II felony.
    53    § 9. Section 220.43 of the penal law, as amended by chapter 785 of the
    54  laws  of  1975  and subdivisions 1 and 2 as amended by chapter 75 of the
    55  laws of 1995, is amended to read as follows:
    56  § 220.43 Criminal sale of a controlled substance in the first degree.
        S. 6456                            165                           A. 9556

     1    A person is guilty of criminal sale of a controlled substance  in  the
     2  first degree when he or she knowingly and unlawfully sells:
     3    1.  one  or  more  preparations,  compounds,  mixtures  or  substances
     4  containing a narcotic drug and the preparations, compounds, mixtures  or
     5  substances  are of an aggregate weight of [two ounces] fifty-seven grams
     6  or more; or
     7    2.   one or  more  preparations,  compounds,  mixtures  or  substances
     8  containing  methadone  and  [the  methadone  weighs  two  thousand eight
     9  hundred eighty milligrams] said  preparations,  compounds,  mixtures  or
    10  substances weighs fifty-eight grams or more.
    11    Criminal sale of a controlled substance in the first degree is a class
    12  A-I felony.
    13    §  10.  This  act shall take effect immediately and shall be deemed to
    14  have been in full force and effect on and after April 1, 2006.

    15                                   PART Z

    16    Section 1. Subdivision 1 of section 542 of the real property tax  law,
    17  as amended by chapter 610 of the laws of 1992 and paragraph b as amended
    18  by chapter 237 of the laws of 1995, is amended to read as follows:
    19    1.  [a.  Except  as provided in paragraph b of this subdivision, state
    20  lands subject to taxation shall be valued  as  if  privately  owned  and
    21  assessed  by  multiplying  the  value  of  the lands by the latest state
    22  equalization rate established for the assessing unit or a special equal-
    23  ization rate established in accordance with the provisions of  paragraph
    24  (a)  of  subdivision  one  of  section twelve hundred twenty-two of this
    25  chapter.
    26    b. Where] Whenever an  assessing  unit  implements  a  revaluation  or
    27  update on an assessment roll [completed on or after January first, nine-
    28  teen  hundred  ninety-one],  state  lands  subject  to  taxation in such
    29  assessing unit shall be valued as if privately owned as of the valuation
    30  date applicable to the revaluation or update and assessed  at  the  same
    31  uniform  percentage  of  value  as  other  taxable  real property in the
    32  assessing unit. In each year [subsequent to] in which a  revaluation  or
    33  update  is  not  implemented,  state  lands  subject to taxation in such
    34  assessing unit shall be valued as if privately owned and  valued  as  of
    35  the  valuation date applicable to the [revaluation or update] assessment
    36  roll in question and assessed at the same uniform percentage of value as
    37  other taxable real property in the assessing unit,  but  the  assessment
    38  thereof  shall  not  exceed the amount as entered on the assessment roll
    39  finalized in either the year of the latest revaluation or update, or  in
    40  the  year two thousand four, whichever is later, adjusted by any special
    41  equalization rate established in accordance with the provisions of para-
    42  graph (a) of subdivision one of section  twelve  hundred  twenty-two  of
    43  this chapter.
    44    §  2.  Subdivision 27 of section 1901 of the real property tax law, as
    45  renumbered by chapter 316 of the laws of 1992, is renumbered subdivision
    46  28 and a new subdivision 27 is added to read as follows:
    47    27. "Sizeable property" means one parcel on the base assessment  roll,
    48  or  multiple parcels on the base assessment roll under common ownership,
    49  where the following criteria are satisfied:
    50    (a) the taxable assessed value of the parcel or parcels  on  the  base
    51  assessment roll represents at least five percent of the taxable assessed
    52  value of the non-homestead class on such assessment roll;
    53    (b)  the  taxable  assessed value of the parcel or parcels on the base
    54  assessment roll exceeds the taxable assessed value of the same parcel or
        S. 6456                            166                           A. 9556

     1  parcels on the immediately preceding assessment roll by five percent  or
     2  more;
     3    (c)  the  state  board  has determined that exclusive of the parcel or
     4  parcels, the change in level of assessment on the base  assessment  roll
     5  does not exceed two percent; and
     6    (d)  a proceeding has been commenced pursuant to article seven of this
     7  chapter to review the assessment of the parcel, or  the  assessments  of
     8  the majority of the parcels.
     9    §  3.  Subparagraph (iii) of paragraph (a) of subdivision 2 of section
    10  1903 of the real property tax law, as added by chapter 355 of  the  laws
    11  of 1990, is amended to read as follows:
    12    (iii)  For  assessment  rolls completed in nineteen hundred ninety-one
    13  and thereafter, up to and including the assessment roll upon  which  the
    14  base  percentage  will  be computed pursuant to subdivision five of this
    15  section, in each year following the first year  in  which  this  section
    16  shall  apply  to an assessing unit which has adopted its provisions, the
    17  governing body of such assessing unit shall adjust  the  homestead  base
    18  proportion and the non-homestead base proportion to reflect the addition
    19  to  the assessment roll of new property, additions to or improvements of
    20  existing property or formerly exempt property or  the  full  or  partial
    21  removal  from the assessment roll of property by reason of fire, demoli-
    22  tion, destruction or new exemption or any change  in  the  class  desig-
    23  nation  of  any parcel of real property subsequent to the taxable status
    24  date of the latest final assessment roll which has been finally adopted.
    25  Where the base assessment roll contains a sizeable property,  and  judi-
    26  cial  review  of  the assessment or assessments thereof has not yet been
    27  finally concluded, such governing body shall further  adjust  the  home-
    28  stead  base proportion and the non-homestead base proportion by removing
    29  the taxable assessed value of the sizeable property on the base  assess-
    30  ment  roll  from  the  calculations  and  replacing  it with the taxable
    31  assessed value of the sizeable property that appeared on the immediately
    32  preceding roll. The base proportions so adjusted shall be known  as  the
    33  homestead base proportion and the non-homestead base proportion.
    34    §  4.  Subdivision  2  of section 1903 of the real property tax law is
    35  amended by adding a new paragraph (c) to read as follows:
    36    (c) Where the base assessment roll contains a sizeable  property,  the
    37  governing  body  shall  notify  the  state  board  of the homestead base
    38  proportion and non-homestead base proportion within  five  days  of  the
    39  determination  thereof. Such homestead base proportion and non-homestead
    40  base proportion shall be subject to review and correction  in  the  same
    41  manner  as is provided by paragraphs (f) and (g) of subdivision three of
    42  this section in relation to adjusted homestead  and  non-homestead  base
    43  proportions.
    44    §  5.  Subdivision  3 of section 1 of chapter 163 of the laws of 2005,
    45  relating to the allocation of payments received  in  lieu  of  taxes  in
    46  certain cases, is amended to read as follows:
    47    3. In each year of any PILOT agreement entered into pursuant to subdi-
    48  vision  1  of  this section, the effective taxable assessed value of the
    49  property subject to such agreement shall be added to,  and  become  part
    50  of,  the non-homestead class for each such taxing jurisdiction utilizing
    51  the provisions of article 19 of the real property tax law in such years,
    52  provided that such payments shall be applied  to  reduce  the  share  of
    53  taxes to be allocated to the non-homestead class as defined therein. For
    54  purposes  of  this section, the "effective taxable assessed value of the
    55  property subject to such agreement" means the assessed  value  that,  if
    56  the property in question had been taxable, would have required a payment
        S. 6456                            167                           A. 9556

     1  of taxes for the year in an amount equal to the payment-in-lieu of taxes
     2  required by the agreement for the year.
     3    §  6.  This  act shall take effect immediately, provided that sections
     4  two, three, four and five of this act shall be deemed to  have  been  in
     5  full  force  and effect on and after July 6, 2005 and shall apply to the
     6  calculation  of  homestead  base  proportions  and  non-homestead   base
     7  proportions for purposes of levying taxes upon assessment rolls filed in
     8  2006 and thereafter.

     9                                   PART AA

    10    Section 1. Subdivision 2-a of section 19-a of the public lands law, as
    11  amended  by  section  2  of part B of chapter 63 of the laws of 2005, is
    12  amended to read as follows:
    13    2-a. (1) Notwithstanding any provision of this section to the  contra-
    14  ry, in addition to state aid otherwise payable pursuant to this section,
    15  there  shall  be  payable to any city located in a county in which there
    16  has been constructed a state office building project in accordance  with
    17  the  provisions of chapter one hundred fifty-two of the laws of nineteen
    18  hundred sixty-four, as amended, and pursuant to  an  agreement  entitled
    19  the  "South  Mall  contract" dated May eleventh, nineteen hundred sixty-
    20  five, state aid in accordance with the following schedule:
    21                 State
    22                 Fiscal
    23                 Year                Amount

    24                 2000-2001           $4,500,000
    25                 2001-2002           $4,500,000
    26                 2002-2003           $4,500,000
    27                 2003-2004           $9,850,000
    28                 2004-2005           $16,850,000
    29                 2005-2006           $22,850,000
    30                 2006-2007           [$16,850,000] $22,850,000
    31                 2007-2008           [$16,130,000] $22,850,000
    32                 2008-2009           [$15,410,000] $22,850,000
    33                 2009-2010           [$14,690,000] $22,850,000
    34                 2010-2011           [$13,970,000] $22,850,000
    35                 2011-2012           [$13,250,000] $15,000,000
    36                 2012-2013           [$12,530,000] $15,000,000
    37                 2013-2014           [$11,810,000] $15,000,000
    38                 2014-2015           [$11,090,000] $15,000,000
    39                 2015-2016           [$10,370,000] $15,000,000
    40                 2016-2017           [$9,650,000] $15,000,000
    41                 2017-2018           [$8,930,000] $15,000,000
    42                 2018-2019           [$8,210,000] $15,000,000
    43                 2019-2020           [$7,490,000] $15,000,000
    44                 2020-2021           [$6,770,000] $15,000,000
    45                 2021-2022           [$6,050,000] $15,000,000
    46                 2022-2023           [$5,330,000] $15,000,000
    47                 2023-2024           [$4,610,000] $15,000,000
    48                 2024-2025           [$3,890,000] $15,000,000
    49                 2025-2026           [$3,170,000] $15,000,000
    50                 2026-2027           [$2,450,000] $15,000,000
    51                 2027-2028           [$1,730,000] $15,000,000
    52                 2028-2029           [$1,010,000] $15,000,000
    53                 2029-2030           [$310,000] $15,000,000
        S. 6456                            168                           A. 9556

     1                 2030-2031           $15,000,000
     2                 2031-2032           $15,000,000
     3                 2032-2033           $15,000,000
     4                 2033-2034           $15,000,000
     5                 2034-2035           $15,000,000
     6                 2035-2036           $15,000,000
     7                 2036-2037           $15,000,000
     8                 2037-2038           $15,000,000
     9                 2038-2039           $15,000,000
    10    (2)  The  state aid payable to any such city pursuant to this subdivi-
    11  sion shall be the sole and exclusive state aid payable pursuant to  this
    12  section to any such city with respect to the state-leased or state-owned
    13  lands referenced in this subdivision. Any such city shall continue to be
    14  eligible  for  the payment of state aid pursuant to the other provisions
    15  of this section but not with respect to the state-leased or  state-owned
    16  lands referenced in this subdivision.
    17    (3)  State  aid  otherwise  payable  on  account  of the real property
    18  described in this subdivision shall no longer be paid if title  to  such
    19  real  property is conveyed to a person or entity other than the state or
    20  an agency of the state.
    21    (4) The state aid payable under  paragraph  one  of  this  subdivision
    22  shall  be payable upon application to the state comptroller by the chief
    23  fiscal officer of a city which qualifies for aid pursuant to this subdi-
    24  vision.  The application shall be made on  a  form  prescribed  by  such
    25  comptroller and shall contain such information as such comptroller shall
    26  require.    Upon  approval  of the application and determination by such
    27  comptroller of the amount of state aid payable under  this  subdivision,
    28  such state aid shall be paid upon the warrant of such comptroller. Annu-
    29  al  payment  shall  be  made to a qualified city not later than December
    30  first in each year commencing with the  year  two  thousand  and  ending
    31  [with a final payment] in the year two thousand [twenty-nine] ten. Ther-
    32  eafter,  payment shall be made to a qualified city in two equal install-
    33  ments, the first occurring no earlier than April first and no later than
    34  May first, the second occurring no earlier than  October  first  and  no
    35  later  than November first. Such payments shall conclude in the year two
    36  thousand thirty-eight. Provided however, that any such payment shall  be
    37  reduced  by  any  amount  necessary  to meet eligible obligations of the
    38  Albany convention center authority, as  created  by  section  twenty-six
    39  hundred seventy-five-d of the public authorities law and as certified by
    40  the  chairperson  of said authority, provided that such certification in
    41  such form as the authority deems desirable, but including at  a  minimum
    42  the  exact  amount  of payment required to satisfy the authority's obli-
    43  gations pursuant to section twenty-six hundred  seventy-five-ii  of  the
    44  public  authorities  law  is delivered to the state comptroller no later
    45  than March first and September first, respectively.    The  state  comp-
    46  troller,  upon  receipt  of  such  certificate from the authority, shall
    47  withhold from the qualified city state aid  payable  to  such  qualified
    48  city,  to  the  extent necessary to meet the required amount of payments
    49  pursuant to such certificate. The state comptroller shall  pay  over  to
    50  the  authority  the  amount so withheld on or before March fifteenth and
    51  September fifteenth, respectively, and shall remit any remaining  amount
    52  of such installment payment to the qualified city, as otherwise provided
    53  by this subdivision.
    54    §  2.  The  public  authorities law is amended by adding a new section
    55  2675-ii to read as follows:
        S. 6456                            169                           A. 9556

     1    § 2675-ii. State aid revenues.  1.  With  respect  to  each  issue  of
     2  outstanding  hotel revenue bonds, the chairperson of the authority shall
     3  certify at least semi-annually, or in the case of the first such certif-
     4  icate within thirty days after the sale of an  issue  of  hotel  revenue
     5  bonds, to the comptroller and the director of the budget, with a copy to
     6  the  mayor,  a  schedule  setting  forth the amount of state aid revenue
     7  payable to the city pursuant to section nineteen-a of the  public  lands
     8  law,  if any, necessary for payment of any amounts required to be depos-
     9  ited in any debt service reserve fund with respect to such hotel revenue
    10  bonds to make up any deficiency in such  fund  in  accordance  with  the
    11  provisions  of the resolution or indenture pursuant for which such hotel
    12  revenue bonds were issued (all such payments, "eligible obligations").
    13    2. The certification may be amended and, in the event of a bond  sale,
    14  shall be amended no later than thirty days after such sale. The schedule
    15  accompanying  such certification shall provide for such payment dates as
    16  the authority deems appropriate to ensure that sufficient funds will  be
    17  available to meet its eligible obligations relating to such hotel reven-
    18  ue bonds as they come due.
    19    § 3. Subdivision 1 of section 2675-j of the public authorities law, as
    20  amended  by  chapter  501  of  the  laws  of 2004, is amended to read as
    21  follows:
    22    1. The authority shall have the power and is  hereby  authorized  from
    23  time  to  time,  with  the written approval of the mayor, to issue hotel
    24  revenue bonds.  The authority shall further have power from time to time
    25  and whenever it deems refunding expedient, to refund any  hotel  revenue
    26  bonds  by  the issuance of new hotel revenue bonds, whether the bonds to
    27  be refunded have or have not matured, and  may  issue  bonds  partly  to
    28  refund  bonds then outstanding and partly for any other purpose hereina-
    29  bove described, provided that such refunding bonds must also  have  been
    30  approved  by  the mayor.   Hotel revenue bonds of the authority shall be
    31  revenue obligations payable from and secured [solely] by hotel  revenues
    32  and  state  aid  revenues,  as  defined  pursuant  to section twenty-six
    33  hundred seventy-five-ii of this title, as the authority  determines  are
    34  available  therefor  and  upon such terms and conditions as specified by
    35  the authority in the resolution under which the bonds are issued.
    36    § 4. This act shall take effect immediately and  shall  be  deemed  to
    37  have been in full force and effect on and after April 1, 2006.
    38    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    39  sion,  section  or  part  of  this act shall be adjudged by any court of
    40  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    41  impair,  or  invalidate  the remainder thereof, but shall be confined in
    42  its operation to the clause, sentence, paragraph,  subdivision,  section
    43  or part thereof directly involved in the controversy in which such judg-
    44  ment shall have been rendered. It is hereby declared to be the intent of
    45  the  legislature  that  this  act  would  have been enacted even if such
    46  invalid provisions had not been included herein.
    47    § 3. This act shall take effect immediately  provided,  however,  that
    48  the applicable effective date of Parts A through AA of this act shall be
    49  as specifically set forth in the last section of such Parts.
        S. 6456                            170                           A. 9556

     1                  2006-2007 NEW YORK STATE EXECUTIVE BUDGET
     2                  PUBLIC PROTECTION AND GENERAL GOVERNMENT
     3                           ARTICLE VII LEGISLATION

     4                                  CONTENTS

     5                                                               STARTING
     6                                                                 PAGE
     7  PART   DESCRIPTION                                            NUMBER

     8  A      Facilitate the merger and consolidation of local         5
     9         governments.
    10  B      Create a permanent Aid and Incentives for Municipalities 17
    11         (AIM) Program with increases in financial assistance,
    12         fiscal performance requirements and enhanced Shared
    13         Municipal Services Incentives (SMSI) Program.
    14  C      Authorize comprehensive mandate relief initiatives for   27
    15         localities and authorize the indexing of interest on
    16         court judgments to market rates.
    17  D      Establish a new State aid program for municipalities in  69
    18         which a video lottery facility is created.
    19  E      Establish a State Task Force on Pension Reform.          70
    20  F      Authorize use of certain interest earnings to offset     71
    21         costs of health insurance for public employees and
    22         retirees.
    23  G      Authorize a targeted retirement incentive focused on     72
    24         positions that can be eliminated through organizational
    25         restructuring, streamlining, and shared services
    26         efficiencies.
    27  H      Authorize cash transfers, temporary loans, and certain   82
    28         bond caps; and provisions relating to general fiscal and
    29         debt management issues.
    30  I      Establish an information technology project job title,   116
    31         including a defined contribution retirement benefit,
    32         effective for five years.
    33  J      Extend and amend the 1995 Procurement Stewardship Act.   118
    34  K      Amend State Liquor Authority fine amounts and authorize  126
    35         confiscation of fraudulent ID's.
    36  L      Make permanent the Motor Fuel Marketing Practices Act    128
    37         (MFMPA) and provide for certain investigative costs.
    38  M      Expand the use of funds deposited into the Criminal      129
    39         Justice Improvement Account.
    40  N      Authorize use of law enforcement cameras at work zones   129
    41         and dangerous stretches of highway.
    42  O      Exempt correctional facilities from the closure          137
    43         notification process if they are recommended to be
    44         closed and re-used for another purpose.
    45  P      Increase the Criminal History Search fee to support      137
    46         local government agencies and not-for-profit providers
    47         of legal services.
    48  Q      Extend for five years the authorization to fund part     137
    49         of the State's public safety efforts with Motor
    50         Vehicle Law enforcement fees.
    51  R      Authorize counties to impose various fees on             139
    52         probationers.
    53  S      Eliminate the authorization for local conditional        142
        S. 6456                            171                           A. 9556

     1         release.
     2  T      Clarify the administration of the State and local        142
     3         wireless surcharges and dedicate all State surcharge
     4         revenues to public safety and security activities.
     5  U      Extend the applicability of a Patriot Plan provision     155
     6         for temporary suspension of public retirement system
     7         loan repayments for members on active military duty.
     8  V      Establish a new annual registration fee for the Public   155
     9         Employment Relations Board (PERB) to be paid by public
    10         employers and employee organizations.
    11  W      Authorize the use of sworn affidavits instead of live    156
    12         testimony for the admission of business records into
    13         evidence in grand jury proceedings.
    14  X      Authorize OGS to centrally purchase electricity and      156
    15         other commodities and services for use by State
    16         agencies, authorities and localities.
    17  Y      Permit a new standard using "aggregate weight" for lab   158
    18         analysis of illegal drug evidence.
    19  Z      Contain taxes paid on State lands and prevent            165
    20         inequitable assessments on State-owned lands.
    21  AA     Amend the schedule of PILOT payments to the City of      167
    22         Albany for the Empire State Plaza.