Text of NY A 9005 (2022)

STATE OF NEW YORK ________________________________________________________________________ S. 8005 A. 9005 SENATE - ASSEMBLY January 19, 2022 ___________ 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 part E of chapter 55 of the laws of 2020, amending the state finance law relating to establishing the criminal justice discovery compensation fund; amending the criminal procedure law relating to monies recovered by county district attorneys before the filing of an accusatory instrument; and providing for the repeal of certain provisions upon expiration thereof, in relation to making certain provisions of the state finance law permanent (Part A); to amend the correction law, in relation to the placement of incarcerated individuals who have a gender identity that differs from their assigned sex at birth, have a diagnosis of gender dysphoria, who iden- tify as transgender, gender nonconforming, or nonbinary, or who are intersex within state and local correctional facilities (Part B); to amend the correction law in relation to limited credit time and eligi- bility for furloughs and educational leave (Part C); to repeal subdi- vision 9 of section 201 of the correction law relating to the parole supervision fee (Part D); to amend the correction law and public health law, in relation to authorizing the department of corrections and community supervision access to certain records (Part E); to amend the executive law, in relation to requiring members of the state parole board to devote their entire time to the duties of their office (Part F); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part G); to amend the civil practice law and rules and the executive law, in relation to estab- lishing a mandatory training certification for all domestic and gender-based victim advocates and creating the New York state gender- based violence training institute within the office for the prevention of domestic violence (Part H); to amend the executive law, in relation to awarding reimbursement for certain items of essential personal property (Part I); to amend chapter 674 of the laws of 1993, amending EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12670-01-2 S. 8005 2 A. 9005 the public buildings law relating to value limitations on contracts, in relation to extending the effectiveness thereof (Part J); to amend the alcoholic beverage control law, in relation to allowing a munici- pality to elect to receive notice by email (Part K); to amend the alcoholic beverage control law, in relation to requiring certain information to be requested in applications for licenses; and to repeal certain provisions of such law relating thereto (Part L); to amend chapter 396 of the laws of 2010 amending the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof (Part M); to amend the election law, in relation to voter registration (Part N); to amend the election law, in relation to the boundaries of election districts and the designation of polling places (Part O); to amend the alcoholic beverage control law, in relation to authorizing retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for off-premises consumption (Part P); to amend the general municipal law, in relation to prohibiting nepotism and certain gifts and conflicts of interest (Part Q); to amend the civil service law, in relation to establishing continuing eligible lists (Part R); to amend the civil service law, in relation to promotional examination eligibility (Part S); to amend the civil service law, in relation to the transfer of civil service sections 55-b and 55-c employees (Part T); to amend the civil service law, in relation to eligibility for shift pay differen- tials (Part U); to amend the civil practice law and rules and the state finance law, in relation to the rate of interest to be paid on judgment and accrued claims (Part V); to amend the general municipal law, in relation to streamlining the county-wide shared services initiative (Part W); to amend the state finance law, the tax law, and the public authorities law, in relation to providing aid and incen- tives for municipalities to towns and villages; and providing for the repeal of certain provisions of the tax law relating thereto (Part X); to provide for the administration of certain funds and accounts related to the 2022-2023 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the adminis- tration of certain funds and accounts; to amend part D of chapter 389 of the laws of 1997 relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of certain bonds or notes; to amend chap- ter 81 of the laws of 2002 relating to providing for the adminis- tration of certain funds and accounts related to the 2002-2003 budget, in relation to the issuance of certain bonds & notes; to amend part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of certain bonds or notes; to amend the public authorities law, in relation to the issuance of certain bonds or notes; to amend the New York state medical care facilities finance agency act, in relation to the issuance of certain bonds or notes; to amend the New York state urban development corpo- ration act, in relation to the issuance of certain bonds or notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of certain bonds or notes; to amend the public authorities law, in relation to the issu- ance of certain bonds or notes; to amend the private housing finance law, in relation to housing program bonds and notes; to amend part D of chapter 63 of the laws of 2005, relating to the composition S. 8005 3 A. 9005 and responsibilities of the New York state higher education capital matching grant board, in relation to increasing the amount of authorized matching capital grants; to amend the New York state urban development corporation act, in relation to the nonprofit infrastruc- ture capital investment program; to amend the New York state urban development corporation act, in relation to personal income tax notes for 2022, in relation to authorizing the dormitory authority of the state of New York and the urban development corporation to enter into line of credit facilities for 2022, and in relation to state-supported debt issued during the 2022 fiscal year; to amend the state finance law, in relation to payments of bonds; to amend the state finance law, in relation to the mental health services fund; to amend the state finance law, in relation to the issuance of revenue bonds; to repeal subdivisions 4 and 5 of section 16 of part T of chapter 57 of the laws of 2007, relating to providing for the administration of certain funds and accounts related to the 2007-2008 budget; and providing for the repeal of certain provisions upon expiration thereof (Part Y); to establish the "independent ethics commission reform act of 2022"; to amend the executive law, in relation to creating the independent commission on ethics and lobbying in government, and to repeal certain provisions of such law relating thereto; and to amend the legislative law, the public officers law, and the executive law, in relation to making technical corrections thereto (Part Z); to amend the criminal procedure law and the correction law, in relation to automatic sealing of certain convictions (Part AA); and to amend the correction law, in relation to employment by a private sector entity or as part of a prison industries certification program authorized by the United States (Part BB) 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 necessary to implement the state public protection and general govern- 3 ment budget for the 2022-2023 state fiscal year. Each component is whol- 4 ly contained within a Part identified as Parts A through BB. The effec- 5 tive date for each particular provision contained within such Part is 6 set forth in the last section of such Part. Any provision in any section 7 contained within a Part, including the effective date of the Part, which 8 makes a reference to a section "of this act", when used in connection 9 with that particular component, shall be deemed to mean and refer to the 10 corresponding section of the Part in which it is found. Section three of 11 this act sets forth the general effective date of this act. 12 PART A 13 Section 1. Section 3 of part E of chapter 55 of the laws of 2020, 14 amending the state finance law relating to establishing the criminal 15 justice discovery compensation fund; amending the criminal procedure law 16 relating to monies recovered by county district attorneys before the 17 filing of an accusatory instrument; and providing for the repeal of 18 certain provisions upon expiration thereof, is amended to read as 19 follows: 20 § 3. This act shall take effect immediately; provided, however, [that 21 subdivision 2 of section 99-hh of the state finance law, as added by S. 8005 4 A. 9005 1 section one of this act, shall expire and be deemed repealed March 31, 2 2022, and provided, further] that the amendments to section 95.00 of the 3 criminal procedure law made by section two of this act shall not affect 4 the repeal of such section and shall be deemed repealed therewith. 5 § 2. This act shall take effect immediately and shall be deemed to 6 have been in full force and effect on and after March 31, 2022. 7 PART B 8 Section 1. Subdivision 1 of section 71 of the correction law is 9 amended by adding a new paragraph (c) to read as follows: 10 (c) Notwithstanding the foregoing, incarcerated individuals who have a 11 gender identity that differs from their assigned sex at birth, have a 12 diagnosis of gender dysphoria, who identify as transgender, gender 13 nonconforming, or nonbinary, or who are intersex may be received at a 14 correctional facility designated for males or females. The department 15 shall establish a mechanism by which incarcerated individuals who have a 16 gender identity that differs from their assigned sex at birth, have a 17 diagnosis of gender dysphoria, who identify as transgender, gender 18 nonconforming, or nonbinary, or who are intersex may request placement 19 in a facility designated for males or females prior to reception. 20 § 2. The correction law is amended by adding a new section 135 to read 21 as follows: 22 § 135. Placement based on gender identity. Incarcerated individuals 23 who have a gender identity that differs from their assigned sex at 24 birth, have a diagnosis of gender dysphoria, who identify as transgen- 25 der, gender nonconforming, or nonbinary, or who are intersex may 26 request to be placed in a correctional facility with persons of the 27 gender that is consistent with such person's gender identity. 28 (a) Decisions regarding the placement of incarcerated individuals who 29 have a gender identity that differs from their assigned sex at birth, 30 have a diagnosis of gender dysphoria, who identify as transgender, 31 gender nonconforming, or nonbinary, or who are intersex in a facility 32 designated for the confinement of males or females shall be made on a 33 case-by-case basis, with careful consideration given to housing consist- 34 ent with the individual's gender identity, following an individualized 35 and informed assessment but subject to denial based on safety, security 36 or health concerns. The department shall provide a determination in 37 writing to the affected person. 38 (b) If an incarcerated individual raises concerns for their health or 39 safety at any time, or if their placement raises safety, security or 40 health concerns at any time, their housing and placement shall be reas- 41 sessed. 42 (c) Any incarcerated individual who has been placed in a facility 43 consistent with the individual's gender identity, may request at any 44 time to be transferred to a facility housing individuals of their 45 assigned sex at birth. 46 (i) If granted, such request shall be effectuated as soon as practica- 47 ble. 48 (ii) Any incarcerated individual who has a gender identity that 49 differs from their assigned sex at birth, has a diagnosis of gender 50 dysphoria, who identifies as transgender, gender nonconforming, or 51 nonbinary, or who is intersex who has declined to be housed in a facili- 52 ty consistent with the individual's gender identity, or who has 53 requested to leave such a placement, may request to have their placement S. 8005 5 A. 9005 1 reassessed in accordance with procedures established by the commission- 2 er. 3 § 3. Section 137 of the correction law is amended by adding a new 4 subdivision 7 to read as follows: 5 7. The commissioner shall promulgate rules and regulations to ensure 6 the appropriate treatment of incarcerated individuals who have a gender 7 identity that differs from their assigned sex at birth, have a diagnosis 8 of gender dysphoria, who identify as transgender, gender nonconform- 9 ing, or nonbinary, or who are intersex such that: 10 (a) incarcerated individuals who have a gender identity that differs 11 from their assigned sex at birth, have a diagnosis of gender dysphoria, 12 who identify as transgender, gender nonconforming, or nonbinary, or 13 who are intersex shall: 14 (i) have access to department-issued undergarments and clothing that 15 are consistent with the individuals' gender identity, and shall have the 16 ability to receive undergarments, clothing and personal care items 17 through package procedures, subject to gender-neutral restrictions; and 18 (ii) have the right to gender affirming medical and mental health care 19 consistent with the community standard of care. 20 (iii) The absence of a documented history of gender variance shall not 21 preclude an incarcerated individual from self-identification as trans- 22 gender, gender nonconforming, or nonbinary. 23 (b) No employee of the department shall misgender any individual in 24 the care or custody of the department by intentionally referring to 25 someone, including but not limited to, a transgender, gender nonconform- 26 ing, nonbinary or intersex person, using a word, pronoun or form of 27 address that does not correctly reflect the gender with which they iden- 28 tify. 29 (c) Employees of the department shall only use information pertaining 30 to an incarcerated individual's gender identity and expression as neces- 31 sary for the performance of their official duties and shall not reveal 32 any information related to an incarcerated individual's gender identity 33 and expression other than to the extent necessary for legitimate opera- 34 tional functions of the facility or the department. 35 (d) No incarcerated individual may be denied access to programming or 36 education based on their gender identity or expression. 37 (e) The commissioner shall implement procedures for incarcerated indi- 38 viduals who have a gender identity that differs from their assigned sex 39 at birth, have a diagnosis of gender dysphoria, who identify as trans- 40 gender, gender nonconforming, or nonbinary, or who are intersex to 41 designate their gender preference for personal searches. 42 (f) The department shall provide training on the provisions of this 43 subdivision to all personnel every two years. 44 (g) The department shall make available documentation summarizing the 45 provisions of this subdivision to incarcerated individuals who have a 46 gender identity that differs from their assigned sex at birth, have a 47 diagnosis of gender dysphoria, who identify as transgender, gender 48 nonconforming, or nonbinary, or who are intersex, and shall widely 49 distribute such documentation such that it is readily accessible. 50 § 4. Section 500-b of the correction law is amended by adding a new 51 subdivision 14 to read as follows: 52 14. Notwithstanding any other provision, incarcerated individuals who 53 have a gender identity that differs from their assigned sex at birth, 54 have a diagnosis of gender dysphoria, who identify as transgender, 55 gender nonconforming, or nonbinary, or who are intersex may request to S. 8005 6 A. 9005 1 be placed in a housing unit designated for individuals of the gender 2 that most closely aligns with such individuals' gender identity. 3 (a) Decisions regarding the placement of incarcerated individuals who 4 have a gender identity that differs from their assigned sex at birth, 5 have a diagnosis of gender dysphoria, who identify as transgender, 6 gender nonconforming, or nonbinary, or who are intersex shall be made on 7 a case-by-case basis, with careful consideration given to housing most 8 closely aligning with the individuals' gender identity, following an 9 individualized and informed assessment but subject to denial based on 10 safety, security or health concerns. The chief administrative officer 11 or their designee shall provide a determination in writing to the 12 affected person. 13 (b) If an incarcerated individual placed in a housing unit consistent 14 with the individual's gender identity or expression raises concerns for 15 their health or safety at any time, or if their placement raises safety, 16 security or health concerns at any time, their housing and placement 17 shall be reassessed. 18 (c) An incarcerated individual who has been placed in a housing unit 19 consistent with the individual's gender identity may request at any time 20 to be transferred to a housing unit housing individuals of their 21 assigned sex at birth. 22 (i) Such request shall be reviewed as soon as practicable. 23 (ii) An individual who has declined to be housed in a housing unit 24 consistent with the individual's gender identity, or who has requested 25 to leave such a placement, may request to have their placement reas- 26 sessed in accordance with procedures established by the chief adminis- 27 trative officer or their designee. 28 § 5. Subdivision 1 of section 500-k of the correction law, as sepa- 29 rately amended by chapters 93 and 322 of the laws of 2021, is amended to 30 read as follows: 31 1. Subdivisions five [and], six and seven of section one hundred thir- 32 ty-seven of this chapter, except paragraphs (d) and (e) of subdivision 33 six of such section, relating to the treatment of incarcerated individ- 34 uals in state correctional facilities are applicable to incarcerated 35 individuals confined in county jails; except that the report required by 36 paragraph (f) of subdivision six of such section shall be made to a 37 person designated to receive such report in the rules and regulations of 38 the state commission of correction, or in any county or city where there 39 is a department of correction, to the head of such department; and the 40 state commission of correction shall promulgate rules and regulations 41 which prescribe the manner in which subdivision seven of section one 42 hundred thirty-seven of this chapter shall apply to the treatment of 43 incarcerated individuals who have a gender identity that differs from 44 their assigned sex at birth, have a diagnosis of gender dysphoria, who 45 identify as transgender, gender nonconforming, or nonbinary, or who 46 are intersex confined in local correctional facilities. 47 § 6. Subdivision (a) of section 601 of the correction law, as amended 48 by section 209 of chapter 322 of the laws of 2021, is amended to read as 49 follows: 50 (a) Whenever an incarcerated individual shall be delivered to the 51 superintendent of a state correctional facility pursuant to an indeter- 52 minate or determinate sentence, the officer so delivering such incarcer- 53 ated individual shall deliver to such superintendent, the sentence and 54 commitment or certificate of conviction, or a certified copy thereof, 55 and a copy of any order of protection pursuant to section 380.65 of the 56 criminal procedure law received by such officer from the clerk of the S. 8005 7 A. 9005 1 court by which such incarcerated individual shall have been sentenced, a 2 copy of the report of the probation officer's investigation and report 3 or a detailed statement covering the facts relative to the crime and 4 previous history certified by the district attorney, a copy of the 5 incarcerated individual's fingerprint records, a detailed summary of 6 available medical records, psychiatric records and reports relating to 7 assaults, or other violent acts, attempts at suicide or escape by the 8 incarcerated individual while in the custody of the local correctional 9 facility, a copy of records reflecting the individual's gender identity 10 and gender-related housing requests; any such medical or psychiatric 11 records in the possession of a health care provider other than the local 12 correctional facility shall be summarized in detail and forwarded by 13 such health care provider to the medical director of the appropriate 14 state correctional facility upon request; the superintendent shall pres- 15 ent to such officer a certificate of the delivery of such incarcerated 16 individual, and the fees of such officer for transporting such incarcer- 17 ated individual shall be paid from the treasury upon the audit and 18 warrant of the comptroller. Whenever an incarcerated individual of the 19 state is delivered to a local facility, the superintendent shall forward 20 summaries of such records to the local facility with the incarcerated 21 individual. 22 § 7. Subdivision (a) of section 601 of the correction law, as amended 23 by section 209-a of chapter 322 of the laws of 2021, is amended to read 24 as follows: 25 (a) Whenever an incarcerated individual shall be delivered to the 26 superintendent of a state correctional facility pursuant to an indeter- 27 minate or determinate sentence, the officer so delivering such incarcer- 28 ated individual shall deliver to such superintendent, the sentence and 29 commitment or certificate of conviction, or a certified copy thereof, 30 and a copy of any order of protection pursuant to section 380.65 of the 31 criminal procedure law received by such officer from the clerk of the 32 court by which such incarcerated individual shall have been sentenced, a 33 copy of the report of the probation officer's investigation and report 34 or a detailed statement covering the facts relative to the crime and 35 previous history certified by the district attorney, a copy of the 36 incarcerated individual's fingerprint records, a detailed summary of 37 available medical records, psychiatric records and reports relating to 38 assaults, or other violent acts, attempts at suicide or escape by the 39 incarcerated individual while in the custody of the local correctional 40 facility, a copy of records reflecting the individual's gender identity 41 and gender-related housing requests; any such medical or psychiatric 42 records in the possession of a health care provider other than the local 43 correctional facility shall be summarized in detail and forwarded by 44 such health care provider to the medical director of the appropriate 45 state correctional facility upon request; the superintendent shall pres- 46 ent to such officer a certificate of the delivery of such incarcerated 47 individual, and the fees of such officer for transporting such incarcer- 48 ated individual shall be paid from the treasury upon the audit and 49 warrant of the comptroller. Whenever an incarcerated individual of the 50 state is delivered to a local facility, the superintendent shall forward 51 summaries of such records to the local facility with the incarcerated 52 individual. 53 § 8. This act shall take effect immediately; provided, however, that 54 section five of this act shall take effect on the same date and in the 55 same manner as section 13 of chapter 93 of the laws of 2021, takes 56 effect; provided, further, that the amendments to section 500-b of the S. 8005 8 A. 9005 1 correction law made by section four of this act shall not affect the 2 repeal of such section and shall be deemed repealed therewith; and 3 provided, further, that the amendments to subdivision (a) of section 601 4 of the correction law made by section six of this act shall be subject 5 to the expiration and reversion of such subdivision pursuant to subdivi- 6 sion d of section 74 of chapter 3 of the laws of 1995, as amended when 7 upon such date the provisions of section seven of this act shall take 8 effect. 9 PART C 10 Section 1. Subparagraph i of paragraph (c) of subdivision 1 of 11 section 803-b of the correction law, as amended by chapter 322 of the 12 laws of 2021, is amended to read as follows, 13 (i) participates in no less than two years of college programming or 14 participates in one year of college programming while confined in a 15 general confinement facility and thereafter participates in six months 16 of college programming while a participant in educational release; or 17 § 2. Subdivisions 4 and 7 of section 851 of the correction law, as 18 amended by chapter 322 of the laws of 2021, is amended to read as 19 follows: 20 4. "Furlough program" means a program under which eligible incarcerat- 21 ed individuals may be granted the privilege of leaving the premises of 22 an institution for a period not exceeding seven days for the purpose of 23 seeking employment, maintaining family ties, solving family problems, 24 seeking post-release housing, attending a short-term educational or 25 vocational training course, or for any matter necessary to the further- 26 ance of any such purposes. Notwithstanding the provisions of subdivi- 27 sion two of this section, an eligible incarcerated individual for the 28 furlough program shall also include an incarcerated individual who is 29 not serving a sentence for an offense that would render such person 30 ineligible for the limited credit time allowance, as set forth in 31 section eight hundred three-b of this chapter, and provided further that 32 such incarcerated individual has successfully participated in college 33 programming while incarcerated with the department in a general confine- 34 ment facility for a period of at least one year, and is presently 35 successfully participating in college programming through educational 36 leave as provided for in subdivision seven of this section. 37 7. "Educational leave" means a privilege granted to an eligible incar- 38 cerated individual to leave the premises of an institution for a period 39 not exceeding fourteen hours in any day for the purpose of education or 40 vocational training, or for any matter necessary to the furtherance of 41 any such purposes. Notwithstanding the provisions of subdivision two of 42 this section, an eligible incarcerated individual for educational leave 43 shall also include an incarcerated individual who is not serving a 44 sentence for an offense that would render such person ineligible for the 45 limited credit time allowance, as set forth in section eight hundred 46 three-b of this chapter, and provided further that such incarcerated 47 individual has successfully participated in college programming while 48 incarcerated with the department in a general confinement facility for a 49 period of at least one year. 50 § 3. This act shall take effect on April 1, 2022; provided, however, 51 that the amendments to subdivisions 4 and 7 of section 851 of the 52 correction law made by section two of this act shall not affect the 53 expiration of such section and shall be deemed expired therewith. S. 8005 9 A. 9005 1 PART D 2 Section 1. Subdivision 9 of section 201 of the correction law is 3 REPEALED. 4 § 2. This act shall take effect immediately. 5 PART E 6 Section 1. Subdivision (a) of section 601 of the correction law, as 7 amended by section 209 of chapter 322 of the laws of 2021, is amended to 8 read as follows: 9 (a) Whenever an incarcerated individual shall be delivered to the 10 superintendent of a state correctional facility pursuant to an indeter- 11 minate or determinate sentence, the officer so delivering such incarcer- 12 ated individual shall deliver to such superintendent, the sentence and 13 commitment or certificate of conviction, or a certified copy thereof, 14 and a copy of any order of protection pursuant to section 380.65 of the 15 criminal procedure law received by such officer from the clerk of the 16 court by which such incarcerated individual shall have been sentenced, a 17 copy of the report of the probation officer's investigation and report 18 or a detailed statement covering the facts relative to the crime and 19 previous history certified by the district attorney, a copy of the 20 incarcerated individual's fingerprint records, a detailed summary of 21 available medical records, psychiatric records and reports relating to 22 assaults, or other violent acts, attempts at suicide or escape by the 23 incarcerated individual while in the custody of the local correctional 24 facility; any such medical or psychiatric records in the possession of a 25 health care provider other than the local correctional facility shall be 26 summarized in detail and forwarded by such health care provider to the 27 medical director of the appropriate state correctional facility upon 28 request; the superintendent shall present to such officer a certificate 29 of the delivery of such incarcerated individual, and the fees of such 30 officer for transporting such incarcerated individual shall be paid from 31 the treasury upon the audit and warrant of the comptroller. The 32 sentence and commitment or certificate of conviction shall be deemed to 33 grant authorization to the department of corrections and community 34 supervision to request a certified copy or certified transcript of birth 35 on behalf of an incarcerated individual, when such request is made 36 pursuant to subdivision four of section four thousand one hundred seven- 37 ty-four of the public health law or section four thousand one hundred 38 seventy-nine of such law. Whenever an incarcerated individual of the 39 state is delivered to a local facility, the superintendent shall forward 40 summaries of such records to the local facility with the incarcerated 41 individual. 42 § 2. Subdivision 4 of section 4174 of the public health law, as 43 amended by chapter 322 of the laws of 2021, is amended to read as 44 follows: 45 4. No fee shall be charged for a search, certification, certificate, 46 certified copy or certified transcript of a record to be used for school 47 entrance, employment certificate or for purposes of public relief or 48 when required by the veterans administration to be used in determining 49 the eligibility of any person to participate in the benefits made avail- 50 able by the veterans administration or when required by a board of 51 elections for the purposes of determining voter eligibility or when 52 requested by the department of corrections and community supervision or 53 a local correctional facility as defined in subdivision sixteen of S. 8005 10 A. 9005 1 section two of the correction law for the purpose of providing a certi- 2 fied copy or certified transcript of birth to an incarcerated individual 3 in anticipation of such incarcerated individual's release from custody 4 or to obtain a death certificate to be used for administrative purposes 5 for an incarcerated individual who has died under custody or when 6 requested by the office of children and family services or an authorized 7 agency for the purpose of providing a certified copy or certified tran- 8 script of birth to a youth placed in the care and custody or custody and 9 guardianship of the local commissioner of social services or the care 10 and custody or custody and guardianship of the office of children and 11 family services in anticipation of such youth's discharge from placement 12 or foster care. Whenever a request is made by the department of 13 corrections and community supervision for a certified copy or certified 14 transcript of birth on behalf of an incarcerated individual pursuant to 15 this section, a certified copy of the sentence and commitment or certif- 16 icate of conviction shall be deemed to grant authorization by the incar- 17 cerated individual to the department to submit such request on their 18 behalf, and no other authorization shall be required. 19 § 3. Section 4179 of the public health law, as amended by chapter 322 20 of the laws of 2021, is amended to read as follows: 21 § 4179. Vital records; fees; city of New York. Notwithstanding the 22 provisions of paragraph one of subdivision a of section 207.13 of the 23 health code of the city of New York, the department of health shall 24 charge, and the applicant shall pay, for a search of two consecutive 25 calendar years under one name and the issuance of a certificate of 26 birth, death or termination of pregnancy, or a certification of birth or 27 death, or a certification that the record cannot be found, a fee of 28 fifteen dollars for each copy. Provided, however, that no such fee shall 29 be charged when the department of corrections and community supervision 30 or a local correctional facility as defined in subdivision sixteen of 31 section two of the correction law requests a certificate of birth or 32 certification of birth for the purpose of providing such certificate of 33 birth or certification of birth to an incarcerated individual in antic- 34 ipation of such incarcerated individual's release from custody or to 35 obtain a death certificate to be used for administrative purposes for an 36 incarcerated individual who has died under custody or when the office of 37 children and family services or an authorized agency requests a certi- 38 fied copy or certified transcript of birth for a youth placed in the 39 custody of the local commissioner of social services or the custody of 40 the office of children and family services pursuant to article three of 41 the family court act for the purpose of providing such certified copy or 42 certified transcript of birth to such youth in anticipation of discharge 43 from placement. Whenever a request is made by the department of 44 corrections and community supervision for a certified copy or certified 45 transcript of birth on behalf of an incarcerated individual pursuant to 46 this section, a certified copy of the sentence and commitment or certif- 47 icate of conviction shall be deemed to grant authorization by the incar- 48 cerated individual to the department to submit such request on their 49 behalf, and no other authorization shall be required. 50 § 4. This act shall take effect on September 1, 2022; provided, howev- 51 er, that the amendments to subdivision (a) of section 601 of the 52 correction law made by section one of this act shall not affect the 53 expiration of such subdivision and shall be deemed to expire therewith. 54 PART F S. 8005 11 A. 9005 1 Section 1. Section 259-b of the executive law is amended by adding a 2 new subdivision 8 to read as follows: 3 8. Members of the board shall devote their entire time to the duties 4 of their office and shall not practice in their respective profession or 5 callings. 6 § 2. This act shall take effect on the thirtieth day after it shall 7 have become a law. 8 PART G 9 Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax 10 law, as amended by section 1 of part I of chapter 55 of the laws of 11 2020, is amended to read as follows: 12 (b) The sum of one million five hundred thousand dollars must be 13 deposited into the New York state emergency services revolving loan fund 14 annually; provided, however, that such sums shall not be deposited for 15 state fiscal years two thousand eleven--two thousand twelve, two thou- 16 sand twelve--two thousand thirteen, two thousand fourteen--two thousand 17 fifteen, two thousand fifteen--two thousand sixteen, two thousand 18 sixteen--two thousand seventeen, two thousand seventeen--two thousand 19 eighteen, two thousand eighteen--two thousand nineteen, two thousand 20 nineteen--two thousand twenty, two thousand twenty--two thousand twen- 21 ty-one [and], two thousand twenty-one--two thousand twenty-two, two 22 thousand twenty-two--two thousand twenty-three, and two thousand twen- 23 ty-three--two thousand twenty-four; 24 § 2. This act shall take effect April 1, 2022. 25 PART H 26 Section 1. Paragraphs 4 and 5 of subdivision (a) of section 4510 of 27 the civil practice law and rules, as added by chapter 309 of the laws of 28 2021, are amended to read as follows: 29 4. "Domestic violence program" means a residential program for victims 30 of domestic violence or a non-residential program for victims of domes- 31 tic violence as defined in section four hundred fifty-nine-a of the 32 social services law [or], any similar program operated by an Indian 33 tribe, as defined by section two of the Indian law, or any other program 34 operated by a not-for-profit organization or local social services 35 district, for the purpose of providing non-residential services to 36 victims of domestic violence, including, but not limited to, information 37 and referral services, advocacy, counseling, and community education and 38 outreach activities and providing or arranging for hotline services. 39 5. "Domestic violence advocate" means any person who is acting under 40 the direction and supervision of a [licensed and approved] domestic 41 violence program and has satisfied the training standards required by 42 the office of children and family services and the office for the 43 prevention of domestic violence. 44 § 2. Section 575 of the executive law is amended by adding a new 45 subdivision 11 to read as follows: 46 11. Domestic violence advocate certification. (a) The office shall, in 47 coordination with the office of children and family services, the office 48 for victim services, and the department of health, and in consultation 49 with the New York state coalition against domestic violence, the New 50 York state coalition against sexual assault, and state advocacy organ- 51 izations for the prevention of domestic and gender-based violence, 52 promulgate rules and regulations which establish: S. 8005 12 A. 9005 1 (i) minimum training standards for domestic violence advocates, as 2 defined in section forty-five hundred ten of the civil practice law and 3 rules; and 4 (ii) procedures for certification of current and future domestic 5 violence advocates, including volunteer advocates, provided such domes- 6 tic violence advocates have met the minimum training standards as set 7 forth in this subdivision. 8 (b) Minimum training standards established by the office must include 9 thirty hours of pre-service training and within the first year of 10 service and at least ten hours of in-service training for domestic 11 violence counselors. This training shall include but not be limited to, 12 instruction on the following: 13 (i) client-counselor confidentiality requirements; 14 (ii) child abuse and maltreatment identification and reporting respon- 15 sibilities; 16 (iii) the dynamics of domestic and gender-based violence; 17 (iv) crisis intervention techniques; 18 (v) communication skills and intervention techniques with a focus on 19 trauma informed service delivery; 20 (vi) an overview of the state criminal justice system; 21 (vii) an update and review of state laws on domestic violence, sexual 22 offenses, sexual abuse and incest; 23 (viii) the availability of publicly-funded and community resources for 24 clients; 25 (ix) accessing and applying for state and federal funding streams 26 dedicated to the provision of services for victims of domestic violence; 27 (x) diversity and inclusion which includes understanding how culture, 28 ethnicity, religion, sexuality and/or gender identity/expression can 29 influence/impact domestic violence victims, and how to provide services 30 to victims in a respectful manner so as to increase the quality of 31 services and provide better outcomes; and 32 (xi) information on the availability of medical and legal assistance 33 for such clients. 34 (c) Minimum training standards established by the office may provide 35 for substitution of certain experience for any provision of the training 36 standards. 37 (d) Minimum training standards established by the office must provide 38 that any person who has been certified by an approved rape crisis 39 program as having satisfied the training standards specified in subdivi- 40 sion fifteen of section two hundred six of the public health law, as 41 added by chapter four hundred thirty-two of the laws of nineteen hundred 42 ninety-three, be deemed to have met the minimum training standards for 43 domestic violence advocates. 44 (e) There shall be established within the office a gender-based 45 violence training institute for the purpose of providing guidance, 46 training and technical assistance to domestic and gender-based violence 47 programs to implement training programs in accordance with the minimum 48 standards set forth in this subdivision. 49 § 3. The office of children and family services and the New York state 50 department of health shall review all rules and regulations related to 51 training of domestic violence advocates, rape crisis counselors, and 52 staff of licensed and approved domestic violence programs and rape 53 crisis programs, and ensure such rules and regulations are updated 54 consistent with the provisions of section two of this act no later than 55 one year after it shall have become a law. S. 8005 13 A. 9005 1 § 4. This act shall take effect immediately; provided that section one 2 of this act shall take effect one year after it shall have become a law. 3 PART I 4 Section 1. Subdivision 8 of section 621 of the executive law, as added 5 by chapter 197 of the laws of 1983, is amended to read as follows: 6 8. "Essential personal property" shall mean articles of personal prop- 7 erty necessary and essential to the health[, welfare] or safety of the 8 victim. 9 § 2. Subdivision 9 of section 631 of the executive law, as amended by 10 chapter 487 of the laws of 2014, is amended to read as follows: 11 9. Any award made for the cost of repair or replacement of essential 12 personal property, including cash losses of essential personal property, 13 shall be limited to an amount of [five] twenty-five hundred dollars, 14 except that all cash losses of essential personal property shall be 15 limited to the amount of one hundred dollars. In the case of medically 16 necessary life-sustaining equipment which was lost or damaged as the 17 direct result of a crime, the award shall be limited to the amount of 18 ten thousand dollars. 19 § 3. This act shall take effect on the one hundred eightieth day after 20 it shall have become a law and apply to all claims filed on or after 21 such effective date. 22 PART J 23 Section 1. Section 3 of chapter 674 of the laws of 1993, amending the 24 public buildings law relating to value limitations on contracts, as 25 amended by section 2 of part HH of chapter 55 of the laws of 2019, is 26 amended to read as follows: 27 § 3. This act shall take effect immediately and shall remain in full 28 force and effect only until June 30, [2022] 2027. 29 § 2. This act shall take effect immediately. 30 PART K 31 Section 1. Section 110-b of the alcoholic beverage control law is 32 amended by adding a new subdivision 6-a to read as follows: 33 6-a. Such notification may be made by email, provided the municipality 34 in which the premises is located elects to take service in such form. 35 Such an election shall be in a writing signed by the authorized agent or 36 clerk of the municipality. Proof of email service shall be provided to 37 the authority in the form of an email from the municipality that reason- 38 ably identifies the applicant, or by other such forms of proof as deter- 39 mined by the authority. 40 § 2. This act shall take effect immediately. 41 PART L 42 Section 1. Section 110 of the alcoholic beverage control law is 43 REPEALED and a new section 110 is added to read as follows: 44 § 110. An application for a license issued under this chapter shall 45 contain the following information or documentation: 46 1. The name, trade name, if any, business address, address of the 47 proposed licensed premises, telephone number, email address and social 48 security or federal employer identification number of the applicant. S. 8005 14 A. 9005 1 2. The following information for each principal of the applicant: 2 (a) name; 3 (b) date and place of birth; 4 (c) permanent home address; 5 (d) telephone number and email address; 6 (e) social security number; 7 (f) residential address or addresses and employment history for the 8 five years preceding the filing of the application; 9 (g) a list of any licenses to traffic in alcoholic beverages held or 10 applied for by the individual; 11 (h) a statement as to whether the principal has a criminal conviction 12 that would prohibit the individual from holding a license issued under 13 this chapter; 14 (i) the street and number of the proposed licensed premises; 15 (j) drawings, including a floor plan, depicting the appearance of the 16 interior or exterior of the proposed licensed premises as well as a plot 17 map of the general area where the proposed licensed premises will be 18 located; 19 (k) a statement that the location and layout of the premises to be 20 licensed does not violate any requirement of this chapter or any local 21 regulation relating to location and layout of licensed premises; 22 (l) a description of the type of establishment, including but not 23 limited to a restaurant, hotel, tavern, or grocery store, to be operated 24 at the premises which shall include, for on-premises licenses, such 25 other information as may be required by the authority; 26 (m) for applications for on-premises licenses, a statement indicating 27 whether the premises will have topless entertainment and/or exotic danc- 28 ing, whether topless or otherwise, including, but not limited to, pole 29 dancing and lap dancing, at the premises along with any other informa- 30 tion required by the authority to identify the applicant's method of 31 operation; 32 (n) a statement explaining how the applicant has control of the prem- 33 ises, either by: ownership of a fee interest; a lease; a management or 34 other agreement giving the applicant control over the food and beverage 35 operations at the premises; or a binding agreement to obtain such owner- 36 ship, lease or agreement; 37 (o) a list of the funds being invested into the licensed business and 38 the anticipated expenses to start the business; 39 (p) the name of any individual not listed in this subdivision who has 40 a financial interest in the licensed business through a loan, gift of 41 funds, percentage of revenue, etc.; and 42 (q) the fingerprints of the individuals named in this subdivision 43 which shall be transmitted to the division of criminal justice services. 44 For purposes of this subdivision, principal means: if the applicant is 45 an individual, that individual; if the applicant is a partnership, any 46 individual owning, directly or indirectly, ten percent or more of the 47 partnership; if the applicant is a corporation, the officers and direc- 48 tors of the corporation and any individual owning, directly or indirect- 49 ly, ten percent or more of the corporation; if the applicant is a limit- 50 ed liability company, the managing members and any individual owning, 51 directly or indirectly, ten percent or more of the limited liability 52 company. 53 § 2. This act shall take effect on the ninetieth day after it shall 54 have become a law; provided that any license application pending or 55 filed with the authority on or after the effective date of this act 56 shall be subject to section one of this act. S. 8005 15 A. 9005 1 PART M 2 Section 1. Section 5 of chapter 396 of the laws of 2010 amending the 3 alcoholic beverage control law relating to liquidator's permits and 4 temporary retail permits, as amended by chapter 375 of the laws of 2021, 5 is amended to read as follows: 6 § 5. This act shall take effect on the sixtieth day after it shall 7 have become a law[, provided that paragraph (b) of subdivision 1 of 8 section 97-a of the alcoholic beverage control law as added by section 9 two of this act shall expire and be deemed repealed October 12, 2022]. 10 § 2. This act shall take effect immediately. 11 PART N 12 Section 1. Subdivision 3 of section 5-210 of the election law, as 13 amended by chapter 255 of the laws of 2015, is amended to read as 14 follows: 15 3. Completed application forms, when received by any board of 16 elections and, with respect to application forms promulgated by the 17 federal election commission, when received by the state board of 18 elections, or showing a dated cancellation mark of the United States 19 Postal Service or contained in an envelope showing such a dated cancel- 20 lation mark which is not later than the [twenty-fifth] fifteenth day 21 before the next ensuing primary, general or special election, and 22 received no later than the [twentieth] tenth day before such election, 23 or delivered in person to such board of elections not later than the 24 tenth day before [a special] such election, shall entitle the applicant 25 to vote in such election, if he or she is otherwise qualified, provided, 26 however, such applicant shall not vote on a voting machine until his or 27 her identity is verified. Any board of elections receiving an applica- 28 tion form from a person who does not reside in its jurisdiction but who 29 does reside elsewhere in the state of New York, shall forthwith forward 30 such application form to the proper board of elections. Each board of 31 elections shall make an entry on each such form of the date it is 32 received by such board. 33 § 2. This act shall take effect immediately. 34 PART O 35 Section 1. Section 4-104 of the election law is amended by adding a 36 new subdivision 5-a to read as follows: 37 5-a. Whenever a contiguous property of a college or university 38 contains three hundred or more registrants who are registered to vote at 39 an address on such contiguous property, the polling place designated for 40 such registrants shall be on such contiguous property or at a nearby 41 location recommended by the college or university and agreed to by the 42 board of elections. 43 § 2. Paragraph a of subdivision 3 of section 4-100 of the election 44 law, as amended by chapter 260 of the laws of 2021, is amended to read 45 as follows: 46 a. Each election district shall be in compact form and may not be 47 partly within and partly without a ward, town, city, a village which has 48 five thousand or more inhabitants and is wholly within one town, the 49 contiguous property of a college or university which contains three 50 hundred or more registrants who are registered to vote at an address on 51 such contiguous property, or a county legislative, assembly, senatorial S. 8005 16 A. 9005 1 or congressional district. Except as provided in paragraph b of this 2 subdivision, election district boundaries, other than those boundaries 3 which are coterminous with the boundaries of those political subdivi- 4 sions and college or university properties mentioned in this paragraph, 5 must be streets, rivers, railroad lines or other permanent character- 6 istics of the landscape which are clearly visible to any person without 7 the need to use any technical or mechanical device. An election district 8 shall contain not more than nine hundred fifty registrants (excluding 9 registrants in inactive status) or, with the approval of the county 10 board of elections, not more than two thousand registrants (excluding 11 registrants in inactive status), but any election district may be 12 divided for the convenience of the voters. 13 § 3. This act shall take effect January 1, 2024. 14 PART P 15 Section 1. Section 106 of the alcoholic beverage control law is 16 amended by adding a new subdivision 2-a to read as follows: 17 2-a. Notwithstanding any provision of law to the contrary, in addition 18 to any other privilege provided under this chapter, any retail license 19 that allows for liquor and/or wine sale for on-premises consumption 20 shall also include the privilege to sell for take-out and delivery, any 21 product it may otherwise sell at retail, in sealed original, unsealed 22 original, and non-original containers, subject to and upon adoption of 23 rules and regulations of the authority which may include, but need not 24 be limited to, any reasonable limitation on: quantity and volume, food 25 required at time of purchase, hours of sale, and the sealing of open 26 containers. 27 § 2. This act shall take effect immediately. 28 PART Q 29 Section 1. Paragraph (a) of subdivision 3 of section 800 of the gener- 30 al municipal law, as amended by chapter 1043 of the laws of 1965, is 31 amended to read as follows: 32 (a) his [spouse, minor children and dependents] or her familial member 33 where such familial member is any person living in the same household as 34 the municipal officer or employee, any person who is a direct descendant 35 of such municipal officer or employee's grandparents or the spouse of 36 such descendant, and where such contract is entered into after the 37 effective date of the chapter of the laws of two thousand twenty-two 38 that amends this paragraph, except a contract of employment with the 39 municipality which such officer or employee serves, 40 § 2. Subdivision 1 of section 803 of the general municipal law, as 41 amended by chapter 499 of the laws of 2005, is amended to read as 42 follows: 43 1. Any municipal officer or employee who has, will have, or later 44 acquires an interest in or whose [spouse] familial member, as that term 45 is used in section eight hundred of this article, has, will have, or 46 later acquires an interest in any actual or proposed contract, purchase 47 agreement, lease agreement or other agreement, including oral agree- 48 ments, with the municipality of which he or she is an officer or employ- 49 ee, shall publicly disclose the nature and extent of such interest in 50 writing to his or her immediate supervisor and to the governing body 51 thereof as soon as he or she has knowledge of such actual or prospective S. 8005 17 A. 9005 1 interest. Such written disclosure shall be made part of and set forth in 2 the official record of the proceedings of such body. 3 § 3. Paragraph a of subdivision 1 of section 805-a of the general 4 municipal law, as amended by chapter 813 of the laws of 1987, is amended 5 to read as follows: 6 a. directly or indirectly, solicit any gift, or accept or receive any 7 gift having [a value of seventy-five dollars or] more than a nominal 8 value, whether in the form of money, service, loan, travel, enter- 9 tainment, hospitality, thing or promise, or in any other form, under 10 circumstances in which it could reasonably be inferred that the gift was 11 intended to influence him, or could reasonably be expected to influence 12 him, in the performance of his official duties or was intended as a 13 reward for any official action on his part; 14 § 4. This act shall take effect immediately. 15 PART R 16 Section 1. Section 57 of the civil service law, as added by chapter 83 17 of the laws of 1963, is amended to read as follows: 18 § 57. Continuous recruitment for certain positions. Notwithstanding 19 any other provisions of this chapter or any other law, the civil service 20 department or a municipal commission may establish a continuing eligible 21 list for any class of positions [for which it finds inadequate numbers 22 of well qualified persons available for recruitment]. Names of eligi- 23 bles shall be inserted in such list from time to time as applicants are 24 tested and found qualified in examinations held at such intervals as may 25 be prescribed by the civil service department or municipal commission 26 having jurisdiction. Such successive examinations shall, so far as prac- 27 ticable, be constructed and rated so as to be equivalent tests of the 28 merit and fitness of candidates. The name of any candidate who passes 29 any such examination and who is otherwise qualified shall be placed on 30 the continuing eligible list in the rank corresponding to [his] the 31 candidate's final rating on such examination. The period of eligibility 32 of successful candidates for certification and appointment from such 33 continuing eligible list, as a result of any such examination, shall be 34 fixed by the civil service department or municipal commission but, 35 except as a list may reach an announced terminal date, such period shall 36 not be less than one year; nor shall such period of eligibility exceed 37 four years. Subject to such conditions and limitations as the civil 38 service department or municipal commission may prescribe, a candidate 39 may take more than one such examination; provided, however, that no such 40 candidate shall be certified simultaneously with more than one rank on 41 the continuing eligible list. With respect to any candidate who applies 42 for and is granted additional credit in any such examination as a disa- 43 bled or non-disabled veteran, and for the limited purpose of granting 44 such additional credit, the eligible list shall be deemed to be estab- 45 lished on the date on which [his] the candidate's name is added thereto. 46 § 2. This act shall take effect immediately. 47 PART S 48 Section 1. Subdivision 11 of section 52 of the civil service law, as 49 amended by chapter 214 of the laws of 1989, is amended to read as 50 follows: 51 11. Notwithstanding any other provision of law, the state department 52 of civil service may, for titles designated by it, extend to employees S. 8005 18 A. 9005 1 in the state service who are holding or who have held a position in the 2 non-competitive or labor class of such service the same opportunity as 3 employees in the competitive class to take promotion examinations [if 4 such examinations are to be held in conjunction with open competitive 5 examinations]. 6 § 2. Subdivision 12 of section 52 of the civil service law, as added 7 by chapter 453 of the laws of 1976, is amended to read as follows: 8 12. Notwithstanding any other provisions of law, a municipal commis- 9 sion may, for entrance level titles as defined and designated by it, 10 extend to employees in the service of a civil division who are holding 11 or who have held a position in the non-competitive class of such service 12 for a period of two years the same opportunity as employees in the 13 competitive class to take promotion examinations for which such non-com- 14 petitive class service is determined by the municipal commission to be 15 appropriate preparation [if such examinations are to be held in conjunc- 16 tion with open competitive examinations]. 17 § 3. This act shall take effect immediately. 18 PART T 19 Section 1. Section 55-b of the civil service law is amended by adding 20 a new subdivision 3 to read as follows: 21 3. Those employees hired under subdivision one of this section, shall 22 be afforded the opportunity to transfer into competitive class posi- 23 tions, provided that they meet the requirements for competitive examina- 24 tion; and possess the requisite credentials, licenses, and certif- 25 ications as necessary. 26 § 2. Section 55-c of the civil service law is amended by adding a new 27 subdivision 4 to read as follows: 28 4. Those employees hired under subdivision one of this section, shall 29 be afforded the opportunity to transfer into competitive class posi- 30 tions, provided that they meet the requirements for competitive examina- 31 tion; and possess the requisite credentials, licenses, and certif- 32 ications as necessary. 33 § 3. This act shall take effect immediately. 34 PART U 35 Section 1. Subdivision 6 of section 130 of the civil service law, as 36 amended by chapter 307 of the laws of 1979, is amended to read as 37 follows: 38 6. Shift pay differentials. Whenever the director finds that under 39 prevailing wage practices in private or other public employment in the 40 state, employees in a given occupation receive a higher rate of pay or 41 wage differential for a work shift other [than a normal day shift] than 42 that which is paid to employees in the same occupation [for a normal day 43 shift], [he] the director may, subject to the approval of the director 44 of the budget, authorize a pay differential to be paid to those employ- 45 ees in positions in the same or related occupations in the state service 46 and who are [regularly] assigned to an equivalent or substantially 47 equivalent work shift, on a statewide basis, provided however, where the 48 director finds that in a particular geographical area or areas wage 49 practices would warrant a shift differential for employees in a partic- 50 ular occupation then the director may grant a work shift pay differen- 51 tial for such employees, subject to the approval of the director of the 52 budget. In determining whether to authorize a pay differential the S. 8005 19 A. 9005 1 director shall consider the various duties on each shift, [other than 2 the normal day shift,] in relation to the normal day shift. A pay 3 differential under this subdivision shall be a percentage of basic sala- 4 ry, an hourly rate, an annual rate, or a fixed dollar amount per pay 5 period, as prescribed in each case by the director of the classification 6 and compensation division subject to approval of the director of the 7 budget. Such differential shall be paid in addition to and shall not be 8 part of an employee's basic annual salary, and shall not affect or 9 impair any performance advancement payments, performance awards, longev- 10 ity payments or other rights or benefits to which an employee may be 11 entitled under the provisions of this chapter, provided, however, that 12 any differential payable pursuant to this subdivision shall be included 13 as compensation for retirement purposes. A pay differential shall be 14 terminated for any employee when [he] the employee ceases to be employed 15 in the work shift or position for which such pay differential was 16 authorized. A pay differential shall remain in effect until terminated 17 by the director of the classification and compensation division with the 18 consent of the director of the budget or until a new pay differential is 19 authorized pursuant to this subdivision. The director of the budget may 20 adopt such regulations as [he may deem] necessary to carry out the 21 provisions of this subdivision. 22 § 2. This act shall take effect immediately. 23 PART V 24 Section 1. Section 5004 of the civil practice law and rules, as 25 amended by chapter 258 of the laws of 1981, is amended to read as 26 follows: 27 § 5004. Rate of interest. [Interest shall be at the rate of nine per 28 centum per annum, except where otherwise provided by statute.] Notwith- 29 standing any other provision of law or regulation to the contrary, 30 including any law or regulation that limits the annual rate of interest 31 to be paid on a judgment or accrued claim, the annual rate of interest 32 to be paid on a judgment or accrued claim shall be calculated at the 33 one-year United States treasury bill rate. For the purposes of this 34 section, the "one-year United States treasury bill rate" means the week- 35 ly average one-year constant maturity treasury yield, as published by 36 the board of governors of the federal reserve system, for the calendar 37 week preceding the date of the entry of the judgment awarding damages. 38 Provided however, that this section shall not apply to any provision of 39 the tax law which provides for the annual rate of interest to be paid on 40 a judgment or accrued claim. 41 § 2. Subdivision (a) of section 5004 of the civil practice law and 42 rules, as amended by chapter 831 of the laws of 2021, is amended to read 43 as follows: 44 (a) [Interest shall be at the rate of nine per centum per annum, 45 except where otherwise provided by statute; provided] Notwithstanding 46 any other provision of law or regulation to the contrary, including any 47 law or regulation that limits the annual rate of interest to be paid on 48 a judgment or accrued claim, the annual rate of interest to be paid on a 49 judgment or accrued claim shall be calculated at the one-year United 50 States treasury bill rate. For purposes of this section, the "one-year 51 United States treasury bill rate" means the weekly average one-year 52 constant maturity treasury yield, as published by the board of governors 53 of the federal reserve system, for the calendar week preceding the date 54 of the entry of the judgment awarding damages; provided however, that S. 8005 20 A. 9005 1 this section shall not apply to any provision of the tax law which 2 provides for the annual rate of interest to be paid on a judgment or 3 accrued claim. Provided, however, the annual rate of interest to be paid 4 in an action arising out of a consumer debt where a natural person is a 5 defendant shall be two per centum per annum (i) on a judgment or accrued 6 claim for judgments entered on or after the effective date of the chap- 7 ter of the laws of two thousand twenty-one which amended this section, 8 and (ii) for interest upon a judgment pursuant to section five thousand 9 three of this article from the date of the entry of judgment on any part 10 of a judgment entered before the effective date of the chapter of the 11 laws of two thousand twenty-one which amended this section that is 12 unpaid as of such effective date. 13 § 3. Section 16 of the state finance law, as amended by chapter 681 of 14 the laws of 1982, is amended to read as follows: 15 § 16. Rate of interest on judgments and accrued claims against the 16 state. The rate of interest to be paid by the state upon any judgment 17 or accrued claim against the state shall [not exceed nine per centum per 18 annum] be calculated at the one-year United States treasury bill rate. 19 For the purposes of this section, the "one-year United States treasury 20 bill rate" means the weekly average one-year constant maturity treasury 21 yield, as published by the board of governors of the federal reserve 22 system, for the calendar week preceding the date of the entry of the 23 judgment awarding damages. Provided however, that this section shall not 24 apply to any provision of the tax law which provides for the annual rate 25 of interest to be paid on a judgment or accrued claim. 26 § 4. This act shall take effect immediately, and shall be deemed to 27 have been in full force and effect on and after April 1, 2022; provided, 28 however, section two of this act shall take effect on the same date and 29 in the same manner as section 1 of chapter 831 of the laws of 2021, 30 takes effect. 31 PART W 32 Section 1. Subdivision 8 of section 239-bb of the general municipal 33 law, as amended by chapter 294 of the laws of 2021, is amended to read 34 as follows: 35 8. For each county, new shared services actions [not included] in [a 36 previously] an approved and submitted plan pursuant to this section or 37 part BBB of chapter fifty-nine of the laws of two thousand seventeen, 38 may be eligible for funding to match savings from such action, subject 39 to available appropriation. Savings that are actually and demonstrably 40 realized by the participating local governments are eligible for match- 41 ing funding. For actions that are part of an approved plan transmitted 42 to the secretary of state in accordance with paragraph b of subdivision 43 seven of this section, savings achieved during either: (i) January first 44 through December thirty-first from new actions implemented on or after 45 January first through December thirty-first of the year immediately 46 following an approved and transmitted plan, or (ii) July first of the 47 year immediately following an approved and transmitted plan through June 48 thirtieth of the subsequent year from new actions implemented July first 49 of the year immediately following an approved plan through June thirti- 50 eth of the subsequent year may be eligible for matching funding. Only 51 net savings between local governments for each action would be eligible 52 for matching funding. Savings from internal efficiencies or any other 53 action taken by a local government without the participation of another 54 local government are not eligible for matching funding. Each county and S. 8005 21 A. 9005 1 all of the local governments within the county that are part of any 2 action to be implemented as part of an approved plan must collectively 3 apply for the matching funding by submitting one consolidated applica- 4 tion per plan, and agree on the distribution and use of any matching 5 funding in order to qualify for matching funding. Any such consolidated 6 application shall be submitted to the department of state in such form 7 and manner as directed by the department no later than December thirty- 8 first of the second calendar year following plan adoption; provided, 9 however, that for plans adopted prior to calendar year two thousand 10 twenty, for which no application for matching funding has been submit- 11 ted, one consolidated application per plan year may be submitted to the 12 department no later than December thirty-first, two thousand twenty-two. 13 § 2. This act shall take effect immediately. 14 PART X 15 Section 1. Paragraph b of subdivision 10 of section 54 of the state 16 finance law is amended by adding a new subparagraph (vii) to read as 17 follows: 18 (vii) Notwithstanding subparagraph (i) of this paragraph, within 19 amounts appropriated in the state fiscal year commencing April first, 20 two thousand twenty-two, and annually thereafter, there shall be 21 apportioned and paid to each existing municipality as of April first, 22 two thousand twenty-two a base level grant in an amount equal to the aid 23 received by such municipality in the state fiscal year commencing April 24 first, two thousand eighteen; provided, however, and notwithstanding 25 any law to the contrary, in the state fiscal year commencing April 26 first, two thousand twenty-two, and annually thereafter, the town of 27 Palm Tree shall receive a base level grant of twenty-four thousand two 28 hundred thirteen dollars, and the village of Sagaponack shall receive a 29 base level grant of two thousand dollars, and the village of Woodbury 30 shall receive a base level grant of twenty-seven thousand dollars, and 31 the village of South Blooming Grove shall receive a base level grant of 32 nineteen thousand dollars. 33 § 2. Paragraph 3 of subdivision c of section 1261 of the tax law, as 34 amended by section 1 of part NN of chapter 55 of the laws of 2020, is 35 amended to read as follows: 36 (3) However, the taxes, penalties and interest which (i) the county of 37 Nassau, (ii) the county of Erie, to the extent the county of Erie is 38 contractually or statutorily obligated to allocate and apply or pay net 39 collections to the city of Buffalo and to the extent that such county 40 has set aside net collections for educational purposes attributable to 41 the Buffalo school district, or the city of Buffalo or (iii) the county 42 of Erie is authorized to impose pursuant to section twelve hundred ten 43 of this article, other than such taxes in the amounts described, respec- 44 tively, in subdivisions one and two of section one thousand two hundred 45 sixty-two-e of this part, during the period that such section authorizes 46 Nassau county to establish special or local assistance programs there- 47 under, together with any penalties and interest related thereto, and 48 after the comptroller has reserved such refund fund and such costs, 49 shall, commencing on the next payment date after the effective date of 50 this sentence and of each month thereafter, until such date as (i) the 51 Nassau county interim finance authority shall have no obligations 52 outstanding, or (ii) the Buffalo fiscal stability authority shall cease 53 to exist, or (iii) the Erie county fiscal stability authority shall 54 cease to exist, be paid by the comptroller, respectively, to (i) the S. 8005 22 A. 9005 1 Nassau county interim finance authority to be applied by the Nassau 2 county interim finance authority, or (ii) to the Buffalo fiscal stabili- 3 ty authority to be applied by the Buffalo fiscal stability authority, or 4 (iii) to the Erie county fiscal stability authority to be applied by the 5 Erie county fiscal stability authority, as the case may be, in the 6 following order of priority: first pursuant to the Nassau county interim 7 finance authority's contracts with bondholders or the Buffalo fiscal 8 stability authority's contracts with bondholders or the Erie county 9 fiscal stability authority's contracts with bondholders, respectively, 10 then to pay the Nassau county interim finance authority's operating 11 expenses not otherwise provided for or the Buffalo fiscal stability 12 authority's operating expenses not otherwise provided for or the Erie 13 county fiscal stability authority's operating expenses not otherwise 14 provided for, respectively, [then (i) for the Nassau county interim 15 finance authority to pay to the state as soon as practicable in the 16 months of May and December each year, the amount necessary to fulfill 17 the town and village distribution requirement on behalf of Nassau county 18 pursuant to paragraph five-a of this subdivision, or (ii) for the 19 Buffalo fiscal stability authority to pay to the state as soon as prac- 20 ticable in the months of May and December each year, the percentage of 21 the amount necessary to fulfill the town and village distribution 22 requirement on behalf of Erie county pursuant to paragraph five-a of 23 this subdivision that equates to the percentage of the county net 24 collections that the city of Buffalo and the Buffalo city school 25 district, together, are due in the months of May and December each year, 26 or (iii) for the Erie county fiscal stability authority to pay to the 27 state as soon as practicable in the months of May and December each 28 year, the amount necessary to fulfill the town and village distribution 29 requirement on behalf of Erie county pursuant to paragraph five-a of 30 this subdivision, less the amount being paid to the state by the Buffalo 31 fiscal stability authority in each respective month,] and then (i) 32 pursuant to the Nassau county interim finance authority's agreements 33 with the county of Nassau, which agreements shall require the Nassau 34 county interim finance authority to transfer such taxes, penalties and 35 interest remaining after providing for contractual or other obligations 36 of the Nassau county interim finance authority, and subject to any 37 agreement between such authority and the county of Nassau, to the county 38 of Nassau as frequently as practicable; or (ii) pursuant to the Buffalo 39 fiscal stability authority's agreements with the city of Buffalo, which 40 agreements shall require the Buffalo fiscal stability authority to 41 transfer such taxes, penalties and interest remaining after providing 42 for contractual or other obligations of the Buffalo fiscal stability 43 authority, and subject to any agreement between such authority and the 44 city of Buffalo, to the city of Buffalo or the city of Buffalo school 45 district, as the case may be, as frequently as practicable; or (iii) 46 pursuant to the Erie county fiscal stability authority's agreements with 47 the county of Erie, which agreements shall require the Erie county 48 fiscal stability authority to transfer such taxes, penalties and inter- 49 est remaining after providing for contractual or other obligations of 50 the Erie county fiscal stability authority, and subject to any agreement 51 between such authority and the county of Erie, to the county of Erie as 52 frequently as practicable. During the period that the comptroller is 53 required to make payments to the Nassau county interim finance authority 54 described in the previous sentence, the county of Nassau shall have no 55 right, title or interest in or to such taxes, penalties and interest 56 required to be paid to the Nassau county interim finance authority, S. 8005 23 A. 9005 1 except as provided in such authority's agreements with the county of 2 Nassau. During the period that the comptroller is required to make 3 payments to the Buffalo fiscal stability authority described in the 4 second previous sentence, the city of Buffalo and such school district 5 shall have no right, title or interest in or to such taxes, penalties 6 and interest required to be paid to the Buffalo fiscal stability author- 7 ity, except as provided in such authority's agreements with the city of 8 Buffalo. During the period that the comptroller is required to make 9 payments to the Erie county fiscal stability authority described in the 10 third previous sentence, the county of Erie shall have no right, title 11 or interest in or to such taxes, penalties and interest required to be 12 paid to the Erie county fiscal stability authority, except as provided 13 in such authority's agreements with the county of Erie. 14 § 3. Paragraph 5-a of subdivision c of section 1261 of the tax law is 15 REPEALED. 16 § 4. Subdivision 5 of section 3657 of the public authorities law, as 17 amended by section 3 of part NN of chapter 55 of the laws of 2020, is 18 amended to read as follows: 19 5. Tax revenues received by the authority pursuant to section twelve 20 hundred sixty-one of the tax law, together with any other revenues 21 received by the authority, shall be applied in the following order of 22 priority: first pursuant to the authority's contracts with bondholders, 23 then to pay the authority's operating expenses not otherwise provided 24 for, [then to pay to the state pursuant to paragraph three of subdivi- 25 sion (c) of section twelve hundred sixty-one of the tax law,] and then, 26 subject to the authority's agreements with the county, to transfer the 27 balance of such tax revenues not required to meet contractual or other 28 obligations of the authority to the county as frequently as practicable. 29 § 5. Subdivision 5 of section 3965 of the public authorities law, as 30 amended by section 5 of part NN of chapter 55 of the laws of 2020, is 31 amended to read as follows: 32 5. Revenues of the authority shall be applied in the following order 33 of priority: first to pay debt service or for set asides to pay debt 34 service on the authority's bonds, notes, or other obligations and to 35 replenish any reserve funds securing such bonds, notes or other obli- 36 gations of the authority in accordance with the provision of indenture 37 or bond resolution of the authority; then to pay the authority's operat- 38 ing expenses not otherwise provided for; [then to pay to the state 39 pursuant to paragraph three of subdivision (c) of section twelve hundred 40 sixty-one of the tax law;] and then, subject to the authority's agree- 41 ments with the county for itself or on behalf of any covered organiza- 42 tion to transfer as frequently as practicable the balance of revenues 43 not required to meet contractual or other obligations of the authority 44 to the county as provided in subdivision seven of this section. 45 § 6. Subdivision 5 of section 3865 of the public authorities law, as 46 amended by section 4 of part NN of chapter 55 of the laws of 2020, is 47 amended to read as follows: 48 5. Revenues of the authority shall be applied in the following order 49 of priority: first to pay debt service or for set asides to pay debt 50 service on the authority's bonds, notes, or other obligations and to 51 replenish any reserve funds securing such bonds, notes or other obli- 52 gations of the authority, in accordance with the provision of any inden- 53 ture or bond resolution of the authority; then to pay the authority's 54 operating expenses not otherwise provided for; [then to pay to the state 55 pursuant to paragraph three of subdivision (c) of section twelve hundred 56 sixty-one of the tax law;] and then, subject to the authority's agree- S. 8005 24 A. 9005 1 ment with the city, for itself or on behalf of the city's dependent 2 school district and any other covered organization, to transfer as 3 frequently as practicable the balance of revenues not required to meet 4 contractual or other obligations of the authority to the city or the 5 city's dependent school district as provided in subdivision seven of 6 this section. 7 § 7. This act shall take effect July 1, 2022. 8 PART Y 9 Section 1. The state comptroller is hereby authorized and directed to 10 loan money in accordance with the provisions set forth in subdivision 5 11 of section 4 of the state finance law to the following funds and/or 12 accounts: 13 1. DOL-Child performer protection account (20401). 14 2. Local government records management account (20501). 15 3. Child health plus program account (20810). 16 4. EPIC premium account (20818). 17 5. Education - New (20901). 18 6. VLT - Sound basic education fund (20904). 19 7. Sewage treatment program management and administration fund 20 (21000). 21 8. Hazardous bulk storage account (21061). 22 9. Utility environmental regulatory account (21064). 23 10. Federal grants indirect cost recovery account (21065). 24 11. Low level radioactive waste account (21066). 25 12. Recreation account (21067). 26 13. Public safety recovery account (21077). 27 14. Environmental regulatory account (21081). 28 15. Natural resource account (21082). 29 16. Mined land reclamation program account (21084). 30 17. Great lakes restoration initiative account (21087). 31 18. Environmental protection and oil spill compensation fund (21200). 32 19. Public transportation systems account (21401). 33 20. Metropolitan mass transportation (21402). 34 21. Operating permit program account (21451). 35 22. Mobile source account (21452). 36 23. Statewide planning and research cooperative system account 37 (21902). 38 24. New York state thruway authority account (21905). 39 25. Mental hygiene program fund account (21907). 40 26. Mental hygiene patient income account (21909). 41 27. Financial control board account (21911). 42 28. Regulation of racing account (21912). 43 29. State university dormitory income reimbursable account (21937). 44 30. Criminal justice improvement account (21945). 45 31. Environmental laboratory reference fee account (21959). 46 32. Training, management and evaluation account (21961). 47 33. Clinical laboratory reference system assessment account (21962). 48 34. Indirect cost recovery account (21978). 49 35. Multi-agency training account (21989). 50 36. Bell jar collection account (22003). 51 37. Industry and utility service account (22004). 52 38. Real property disposition account (22006). 53 39. Parking account (22007). 54 40. Courts special grants (22008). S. 8005 25 A. 9005 1 41. Asbestos safety training program account (22009). 2 42. Camp Smith billeting account (22017). 3 43. Batavia school for the blind account (22032). 4 44. Investment services account (22034). 5 45. Surplus property account (22036). 6 46. Financial oversight account (22039). 7 47. Regulation of Indian gaming account (22046). 8 48. Rome school for the deaf account (22053). 9 49. Seized assets account (22054). 10 50. Administrative adjudication account (22055). 11 51. New York City assessment account (22062). 12 52. Cultural education account (22063). 13 53. Local services account (22078). 14 54. DHCR mortgage servicing account (22085). 15 55. Housing indirect cost recovery account (22090). 16 56. DHCR-HCA application fee account (22100). 17 57. Low income housing monitoring account (22130). 18 58. Corporation administration account (22135). 19 59. New York State Home for Veterans in the Lower-Hudson Valley 20 account (22144). 21 60. Deferred compensation administration account (22151). 22 61. Rent revenue other New York City account (22156). 23 62. Rent revenue account (22158). 24 63. Transportation aviation account (22165). 25 64. Tax revenue arrearage account (22168). 26 65. New York state medical indemnity fund account (22240). 27 66. Behavioral health parity compliance fund (22246). 28 67. State university general income offset account (22654). 29 68. Lake George park trust fund account (22751). 30 69. State police motor vehicle law enforcement account (22802). 31 70. Highway safety program account (23001). 32 71. DOH drinking water program account (23102). 33 72. NYCCC operating offset account (23151). 34 73. Commercial gaming regulation account (23702). 35 74. Highway use tax administration account (23801). 36 75. New York state secure choice administrative account (23806). 37 76. New York state cannabis revenue fund (24800). 38 77. Fantasy sports administration account (24951). 39 78. Highway and bridge capital account (30051). 40 79. Aviation purpose account (30053). 41 80. State university residence hall rehabilitation fund (30100). 42 81. State parks infrastructure account (30351). 43 82. Clean water/clean air implementation fund (30500). 44 83. Hazardous waste remedial cleanup account (31506). 45 84. Youth facilities improvement account (31701). 46 85. Housing assistance fund (31800). 47 86. Housing program fund (31850). 48 87. Highway facility purpose account (31951). 49 88. New York racing account (32213). 50 89. Capital miscellaneous gifts account (32214). 51 90. Information technology capital financing account (32215). 52 91. New York environmental protection and spill remediation account 53 (32219). 54 92. Mental hygiene facilities capital improvement fund (32300). 55 93. Correctional facilities capital improvement fund (32350). 56 94. New York State Storm Recovery Capital Fund (33000). S. 8005 26 A. 9005 1 95. OGS convention center account (50318). 2 96. Empire Plaza Gift Shop (50327). 3 97. Centralized services fund (55000). 4 98. Archives records management account (55052). 5 99. Federal single audit account (55053). 6 100. Civil service administration account (55055). 7 101. Civil service EHS occupational health program account (55056). 8 102. Banking services account (55057). 9 103. Cultural resources survey account (55058). 10 104. Neighborhood work project account (55059). 11 105. Automation & printing chargeback account (55060). 12 106. OFT NYT account (55061). 13 107. Data center account (55062). 14 108. Intrusion detection account (55066). 15 109. Domestic violence grant account (55067). 16 110. Centralized technology services account (55069). 17 111. Labor contact center account (55071). 18 112. Human services contact center account (55072). 19 113. Tax contact center account (55073). 20 114. Department of law civil recoveries account (55074). 21 115. Executive direction internal audit account (55251). 22 116. CIO Information technology centralized services account (55252). 23 117. Health insurance internal service account (55300). 24 118. Civil service employee benefits division administrative account 25 (55301). 26 119. Correctional industries revolving fund (55350). 27 120. Employees health insurance account (60201). 28 121. Medicaid management information system escrow fund (60900). 29 § 1-a. The state comptroller is hereby authorized and directed to loan 30 money in accordance with the provisions set forth in subdivision 5 of 31 section 4 of the state finance law to any account within the following 32 federal funds, provided the comptroller has made a determination that 33 sufficient federal grant award authority is available to reimburse such 34 loans: 35 1. Federal USDA-food and nutrition services fund (25000). 36 2. Federal health and human services fund (25100). 37 3. Federal education fund (25200). 38 4. Federal block grant fund (25250). 39 5. Federal miscellaneous operating grants fund (25300). 40 6. Federal unemployment insurance administration fund (25900). 41 7. Federal unemployment insurance occupational training fund (25950). 42 8. Federal emergency employment act fund (26000). 43 9. Federal capital projects fund (31350). 44 § 2. Notwithstanding any law to the contrary, and in accordance with 45 section 4 of the state finance law, the comptroller is hereby authorized 46 and directed to transfer, upon request of the director of the budget, on 47 or before March 31, 2023, up to the unencumbered balance or the follow- 48 ing amounts: 49 Economic Development and Public Authorities: 50 1. $1,175,000 from the miscellaneous special revenue fund, underground 51 facilities safety training account (22172), to the general fund. 52 2. An amount up to the unencumbered balance from the miscellaneous 53 special revenue fund, business and licensing services account (21977), 54 to the general fund. 55 3. $14,810,000 from the miscellaneous special revenue fund, code 56 enforcement account (21904), to the general fund. S. 8005 27 A. 9005 1 4. $3,000,000 from the general fund to the miscellaneous special 2 revenue fund, tax revenue arrearage account (22168). 3 Education: 4 1. $2,653,000,000 from the general fund to the state lottery fund, 5 education account (20901), as reimbursement for disbursements made from 6 such fund for supplemental aid to education pursuant to section 92-c of 7 the state finance law that are in excess of the amounts deposited in 8 such fund for such purposes pursuant to section 1612 of the tax law. 9 2. $1,237,000,000 from the general fund to the state lottery fund, VLT 10 education account (20904), as reimbursement for disbursements made from 11 such fund for supplemental aid to education pursuant to section 92-c of 12 the state finance law that are in excess of the amounts deposited in 13 such fund for such purposes pursuant to section 1612 of the tax law. 14 3. $139,200,000 from the general fund to the New York state commercial 15 gaming fund, commercial gaming revenue account (23701), as reimbursement 16 for disbursements made from such fund for supplemental aid to education 17 pursuant to section 97-nnnn of the state finance law that are in excess 18 of the amounts deposited in such fund for purposes pursuant to section 19 1352 of the racing, pari-mutuel wagering and breeding law. 20 4. $496,000,000 from the general fund to the mobile sports wagering 21 fund, education account (24955), as reimbursement for disbursements made 22 from such fund for supplemental aid to education pursuant to section 23 92-c of the state finance law that are in excess of the amounts deposit- 24 ed in such fund for such purposes pursuant to section 1367 of the 25 racing, pari-mutuel wagering and breeding law. 26 5. $7,000,000 from the interactive fantasy sports fund, fantasy sports 27 education account (24950), to the state lottery fund, education account 28 (20901), as reimbursement for disbursements made from such fund for 29 supplemental aid to education pursuant to section 92-c of the state 30 finance law. 31 6. An amount up to the unencumbered balance in the fund on March 31, 32 2023 from the charitable gifts trust fund, elementary and secondary 33 education account (24901), to the general fund, for payment of general 34 support for public schools pursuant to section 3609-a of the education 35 law. 36 7. Moneys from the state lottery fund (20900) up to an amount deposit- 37 ed in such fund pursuant to section 1612 of the tax law in excess of the 38 current year appropriation for supplemental aid to education pursuant to 39 section 92-c of the state finance law. 40 8. $300,000 from the New York state local government records manage- 41 ment improvement fund, local government records management account 42 (20501), to the New York state archives partnership trust fund, archives 43 partnership trust maintenance account (20351). 44 9. $900,000 from the general fund to the miscellaneous special revenue 45 fund, Batavia school for the blind account (22032). 46 10. $900,000 from the general fund to the miscellaneous special reven- 47 ue fund, Rome school for the deaf account (22053). 48 11. $343,400,000 from the state university dormitory income fund 49 (40350) to the miscellaneous special revenue fund, state university 50 dormitory income reimbursable account (21937). 51 12. $8,318,000 from the general fund to the state university income 52 fund, state university income offset account (22654), for the state's 53 share of repayment of the STIP loan. 54 13. $68,000,000 from the state university income fund, state universi- 55 ty hospitals income reimbursable account (22656) to the general fund for S. 8005 28 A. 9005 1 hospital debt service for the period April 1, 2022 through March 31, 2 2023. 3 14. $7,790,000 from the miscellaneous special revenue fund, office of 4 the professions account (22051), to the miscellaneous capital projects 5 fund, office of the professions electronic licensing account (32222). 6 15. $24,000,000 from any of the state education department's special 7 revenue and internal service funds to the miscellaneous special revenue 8 fund, indirect cost recovery account (21978). 9 16. $4,200,000 from any of the state education department's special 10 revenue or internal service funds to the capital projects fund (30000). 11 Environmental Affairs: 12 1. $16,000,000 from any of the department of environmental conserva- 13 tion's special revenue federal funds, and/or federal capital funds, to 14 the environmental conservation special revenue fund, federal indirect 15 recovery account (21065). 16 2. $5,000,000 from any of the department of environmental conserva- 17 tion's special revenue federal funds, and/or federal capital funds, to 18 the conservation fund (21150) or Marine Resources Account (21151) as 19 necessary to avoid diversion of conservation funds. 20 3. $3,000,000 from any of the office of parks, recreation and historic 21 preservation capital projects federal funds and special revenue federal 22 funds to the miscellaneous special revenue fund, federal grant indirect 23 cost recovery account (22188). 24 4. $1,000,000 from any of the office of parks, recreation and historic 25 preservation special revenue federal funds to the miscellaneous capital 26 projects fund, I love NY water account (32212). 27 5. $100,000,000 from the general fund to the environmental protection 28 fund, environmental protection fund transfer account (30451). 29 6. $6,000,000 from the general fund to the hazardous waste remedial 30 fund, hazardous waste oversight and assistance account (31505). 31 7. An amount up to or equal to the cash balance within the special 32 revenue-other waste management & cleanup account (21053) to the capital 33 projects fund (30000) for services and capital expenses related to the 34 management and cleanup program as put forth in section 27-1915 of the 35 environmental conservation law. 36 8. $1,800,000 from the miscellaneous special revenue fund, public 37 service account (22011) to the miscellaneous special revenue fund, util- 38 ity environmental regulatory account (21064). 39 9. $7,000,000 from the general fund to the enterprise fund, state fair 40 account (50051). 41 10. $4,000,000 from the waste management & cleanup account (21053) to 42 the general fund. 43 11. $3,000,000 from the waste management & cleanup account (21053) to 44 the environmental protection fund transfer account (30451). 45 12. Up to $10,000,000 from the general fund to the miscellaneous 46 special revenue fund, patron services account (22163). 47 Family Assistance: 48 1. $7,000,000 from any of the office of children and family services, 49 office of temporary and disability assistance, or department of health 50 special revenue federal funds and the general fund, in accordance with 51 agreements with social services districts, to the miscellaneous special 52 revenue fund, office of human resources development state match account 53 (21967). 54 2. $4,000,000 from any of the office of children and family services 55 or office of temporary and disability assistance special revenue federal S. 8005 29 A. 9005 1 funds to the miscellaneous special revenue fund, family preservation and 2 support services and family violence services account (22082). 3 3. $18,670,000 from any of the office of children and family services, 4 office of temporary and disability assistance, or department of health 5 special revenue federal funds and any other miscellaneous revenues 6 generated from the operation of office of children and family services 7 programs to the general fund. 8 4. $175,000,000 from any of the office of temporary and disability 9 assistance or department of health special revenue funds to the general 10 fund. 11 5. $2,500,000 from any of the office of temporary and disability 12 assistance special revenue funds to the miscellaneous special revenue 13 fund, office of temporary and disability assistance program account 14 (21980). 15 6. $35,000,000 from any of the office of children and family services, 16 office of temporary and disability assistance, department of labor, and 17 department of health special revenue federal funds to the office of 18 children and family services miscellaneous special revenue fund, multi- 19 agency training contract account (21989). 20 7. $205,000,000 from the miscellaneous special revenue fund, youth 21 facility per diem account (22186), to the general fund. 22 8. $621,850 from the general fund to the combined gifts, grants, and 23 bequests fund, WB Hoyt Memorial account (20128). 24 9. $5,000,000 from the miscellaneous special revenue fund, state 25 central registry (22028), to the general fund. 26 10. $900,000 from the general fund to the Veterans' Remembrance and 27 Cemetery Maintenance and Operation account (20201). 28 11. $505,000,000 from the general fund to the housing program fund 29 (31850). 30 General Government: 31 1. $12,000,000 from the general fund to the health insurance revolving 32 fund (55300). 33 2. $292,400,000 from the health insurance reserve receipts fund 34 (60550) to the general fund. 35 3. $150,000 from the general fund to the not-for-profit revolving loan 36 fund (20650). 37 4. $150,000 from the not-for-profit revolving loan fund (20650) to the 38 general fund. 39 5. $3,000,000 from the miscellaneous special revenue fund, surplus 40 property account (22036), to the general fund. 41 6. $19,000,000 from the miscellaneous special revenue fund, revenue 42 arrearage account (22024), to the general fund. 43 7. $1,826,000 from the miscellaneous special revenue fund, revenue 44 arrearage account (22024), to the miscellaneous special revenue fund, 45 authority budget office account (22138). 46 8. $1,000,000 from the miscellaneous special revenue fund, parking 47 account (22007), to the general fund, for the purpose of reimbursing the 48 costs of debt service related to state parking facilities. 49 9. $11,460,000 from the general fund to the agencies internal service 50 fund, central technology services account (55069), for the purpose of 51 enterprise technology projects. 52 10. $10,000,000 from the general fund to the agencies internal service 53 fund, state data center account (55062). 54 11. $12,000,000 from the miscellaneous special revenue fund, parking 55 account (22007), to the centralized services, building support services 56 account (55018). S. 8005 30 A. 9005 1 12. $30,000,000 from the general fund to the internal service fund, 2 business services center account (55022). 3 13. $8,000,000 from the general fund to the internal service fund, 4 building support services account (55018). 5 14. $1,500,000 from the combined expendable trust fund, plaza special 6 events account (20120), to the general fund. 7 15. $50,000,000 from the general fund to the New York State cannabis 8 revenue fund (24800). 9 16. $50,000,000 from the New York State cannabis revenue fund (24800) 10 to the general fund. 11 Health: 12 1. A transfer from the general fund to the combined gifts, grants and 13 bequests fund, breast cancer research and education account (20155), up 14 to an amount equal to the monies collected and deposited into that 15 account in the previous fiscal year. 16 2. A transfer from the general fund to the combined gifts, grants and 17 bequests fund, prostate cancer research, detection, and education 18 account (20183), up to an amount equal to the moneys collected and 19 deposited into that account in the previous fiscal year. 20 3. A transfer from the general fund to the combined gifts, grants and 21 bequests fund, Alzheimer's disease research and assistance account 22 (20143), up to an amount equal to the moneys collected and deposited 23 into that account in the previous fiscal year. 24 4. $8,750,000 from the HCRA resources fund (20800) to the miscella- 25 neous special revenue fund, empire state stem cell trust fund account 26 (22161). 27 5. $2,000,000 from the miscellaneous special revenue fund, certificate 28 of need account (21920), to the miscellaneous capital projects fund, 29 healthcare IT capital subfund (32216). 30 6. $2,000,000 from the miscellaneous special revenue fund, vital 31 health records account (22103), to the miscellaneous capital projects 32 fund, healthcare IT capital subfund (32216). 33 7. $6,000,000 from the miscellaneous special revenue fund, profes- 34 sional medical conduct account (22088), to the miscellaneous capital 35 projects fund, healthcare IT capital subfund (32216). 36 8. $112,500,000 from the HCRA resources fund (20800) to the capital 37 projects fund (30000). 38 9. $6,550,000 from the general fund to the medical marihuana trust 39 fund, health operation and oversight account (23755). 40 10. An amount up to the unencumbered balance from the charitable gifts 41 trust fund, health charitable account (24900), to the general fund, for 42 payment of general support for primary, preventive, and inpatient health 43 care, dental and vision care, hunger prevention and nutritional assist- 44 ance, and other services for New York state residents with the overall 45 goal of ensuring that New York state residents have access to quality 46 health care and other related services. 47 11. $500,000 from the miscellaneous special revenue fund, New York 48 State cannabis revenue fund, to the miscellaneous special revenue fund, 49 environmental laboratory fee account (21959). 50 12. An amount up to the unencumbered balance from the public health 51 emergency charitable gifts trust fund to the general fund, for payment 52 of goods and services necessary to respond to a public health disaster 53 emergency or to assist or aid in responding to such a disaster. 54 13. $1,000,000,000 from the general fund to the health care transfor- 55 mation fund (24850). 56 Labor: S. 8005 31 A. 9005 1 1. $600,000 from the miscellaneous special revenue fund, DOL fee and 2 penalty account (21923), to the child performer's protection fund, child 3 performer protection account (20401). 4 2. $11,700,000 from the unemployment insurance interest and penalty 5 fund, unemployment insurance special interest and penalty account 6 (23601), to the general fund. 7 3. $50,000,000 from the DOL fee and penalty account (21923), unemploy- 8 ment insurance special interest and penalty account (23601), and public 9 work enforcement account (21998), to the general fund. 10 4. $850,000 from the miscellaneous special revenue fund, DOL elevator 11 safety program fund (22252) to the miscellaneous special revenue fund, 12 DOL fee and penalty account (21923). 13 Mental Hygiene: 14 1. $3,800,000 from the general fund, to the agencies internal service 15 fund, civil service EHS occupational health program account (55056). 16 2. $2,000,000 from the general fund, to the mental hygiene facilities 17 capital improvement fund (32300). 18 3. $20,000,000 from the opioid settlement fund (23817) to the miscel- 19 laneous capital projects fund, opioid settlement capital account. 20 4. $20,000,000 from the miscellaneous capital projects fund, opioid 21 settlement capital account to the opioid settlement fund (23817). 22 Public Protection: 23 1. $1,350,000 from the miscellaneous special revenue fund, emergency 24 management account (21944), to the general fund. 25 2. $2,587,000 from the general fund to the miscellaneous special 26 revenue fund, recruitment incentive account (22171). 27 3. $22,773,000 from the general fund to the correctional industries 28 revolving fund, correctional industries internal service account 29 (55350). 30 4. $2,000,000,000 from any of the division of homeland security and 31 emergency services special revenue federal funds to the general fund. 32 5. $115,420,000 from the state police motor vehicle law enforcement 33 and motor vehicle theft and insurance fraud prevention fund, state 34 police motor vehicle enforcement account (22802), to the general fund 35 for state operation expenses of the division of state police. 36 6. $136,130,000 from the general fund to the correctional facilities 37 capital improvement fund (32350). 38 7. $5,000,000 from the general fund to the dedicated highway and 39 bridge trust fund (30050) for the purpose of work zone safety activities 40 provided by the division of state police for the department of transpor- 41 tation. 42 8. $10,000,000 from the miscellaneous special revenue fund, statewide 43 public safety communications account (22123), to the capital projects 44 fund (30000). 45 9. $9,830,000 from the miscellaneous special revenue fund, legal 46 services assistance account (22096), to the general fund. 47 10. $1,000,000 from the general fund to the agencies internal service 48 fund, neighborhood work project account (55059). 49 11. $7,980,000 from the miscellaneous special revenue fund, finger- 50 print identification & technology account (21950), to the general fund. 51 12. $1,100,000 from the state police motor vehicle law enforcement and 52 motor vehicle theft and insurance fraud prevention fund, motor vehicle 53 theft and insurance fraud account (22801), to the general fund. 54 Transportation: 55 1. $20,000,000 from the general fund to the mass transportation oper- 56 ating assistance fund, public transportation systems operating assist- S. 8005 32 A. 9005 1 ance account (21401), of which $12,000,000 constitutes the base need for 2 operations. 3 2. $727,500,000 from the general fund to the dedicated highway and 4 bridge trust fund (30050). 5 3. $244,250,000 from the general fund to the MTA financial assistance 6 fund, mobility tax trust account (23651). 7 4. $5,000,000 from the miscellaneous special revenue fund, transporta- 8 tion regulation account (22067) to the dedicated highway and bridge 9 trust fund (30050), for disbursements made from such fund for motor 10 carrier safety that are in excess of the amounts deposited in the dedi- 11 cated highway and bridge trust fund (30050) for such purpose pursuant to 12 section 94 of the transportation law. 13 5. $3,000,000 from the miscellaneous special revenue fund, traffic 14 adjudication account (22055), to the general fund. 15 6. $5,000,000 from the miscellaneous special revenue fund, transporta- 16 tion regulation account (22067) to the general fund, for disbursements 17 made from such fund for motor carrier safety that are in excess of the 18 amounts deposited in the general fund for such purpose pursuant to 19 section 94 of the transportation law. 20 Miscellaneous: 21 1. $750,000,000 from the general fund to any funds or accounts for the 22 purpose of reimbursing certain outstanding accounts receivable balances. 23 2. $500,000,000 from the general fund to the debt reduction reserve 24 fund (40000). 25 3. $450,000,000 from the New York state storm recovery capital fund 26 (33000) to the revenue bond tax fund (40152). 27 4. $15,500,000 from the general fund, community projects account GG 28 (10256), to the general fund, state purposes account (10050). 29 5. $100,000,000 from any special revenue federal fund to the general 30 fund, state purposes account (10050). 31 6. $12,750,000,000 from the special revenue federal fund, ARPA-Fiscal 32 Recovery Fund (25546) to the general fund, state purposes account 33 (10050) to cover eligible costs incurred by the state. 34 § 3. Notwithstanding any law to the contrary, and in accordance with 35 section 4 of the state finance law, the comptroller is hereby authorized 36 and directed to transfer, on or before March 31, 2023: 37 1. Upon request of the commissioner of environmental conservation, up 38 to $12,745,400 from revenues credited to any of the department of envi- 39 ronmental conservation special revenue funds, including $4,000,000 from 40 the environmental protection and oil spill compensation fund (21200), 41 and $1,834,600 from the conservation fund (21150), to the environmental 42 conservation special revenue fund, indirect charges account (21060). 43 2. Upon request of the commissioner of agriculture and markets, up to 44 $3,000,000 from any special revenue fund or enterprise fund within the 45 department of agriculture and markets to the general fund, to pay appro- 46 priate administrative expenses. 47 3. Upon request of the commissioner of agriculture and markets, up to 48 $2,000,000 from the state exposition special fund, state fair receipts 49 account (50051) to the miscellaneous capital projects fund, state fair 50 capital improvement account (32208). 51 4. Upon request of the commissioner of the division of housing and 52 community renewal, up to $6,221,000 from revenues credited to any divi- 53 sion of housing and community renewal federal or miscellaneous special 54 revenue fund to the miscellaneous special revenue fund, housing indirect 55 cost recovery account (22090). S. 8005 33 A. 9005 1 5. Upon request of the commissioner of the division of housing and 2 community renewal, up to $5,500,000 may be transferred from any miscel- 3 laneous special revenue fund account, to any miscellaneous special 4 revenue fund. 5 6. Upon request of the commissioner of health up to $13,694,000 from 6 revenues credited to any of the department of health's special revenue 7 funds, to the miscellaneous special revenue fund, administration account 8 (21982). 9 7. Upon the request of the attorney general, up to $4,000,000 from 10 revenues credited to the federal health and human services fund, federal 11 health and human services account (25117) or the miscellaneous special 12 revenue fund, recoveries and revenue account (22041), to the miscella- 13 neous special revenue fund, litigation settlement and civil recovery 14 account (22117). 15 8. Upon the request of the commission of agriculture and markets, up 16 to $3,000,000 from any special revenue fund or enterprise fund within 17 the department of agriculture and markets to the general fund, to pay 18 appropriate administrative expenses. 19 9. Upon the request of the commission of agriculture and markets, up 20 to $2,000,000 from the state exposition special fund, state fair 21 receipts account (50051) to the miscellaneous capital projects fund, 22 state fair capital improvement account (32208). 23 § 4. On or before March 31, 2023, the comptroller is hereby authorized 24 and directed to deposit earnings that would otherwise accrue to the 25 general fund that are attributable to the operation of section 98-a of 26 the state finance law, to the agencies internal service fund, banking 27 services account (55057), for the purpose of meeting direct payments 28 from such account. 29 § 5. Notwithstanding any law to the contrary, upon the direction of 30 the director of the budget and upon requisition by the state university 31 of New York, the dormitory authority of the state of New York is 32 directed to transfer, up to $22,000,000 in revenues generated from the 33 sale of notes or bonds, the state university income fund general revenue 34 account (22653) for reimbursement of bondable equipment for further 35 transfer to the state's general fund. 36 § 6. Notwithstanding any law to the contrary, and in accordance with 37 section 4 of the state finance law, the comptroller is hereby authorized 38 and directed to transfer, upon request of the director of the budget and 39 upon consultation with the state university chancellor or his or her 40 designee, on or before March 31, 2023, up to $16,000,000 from the state 41 university income fund general revenue account (22653) to the state 42 general fund for debt service costs related to campus supported capital 43 project costs for the NY-SUNY 2020 challenge grant program at the 44 University at Buffalo. 45 § 7. Notwithstanding any law to the contrary, and in accordance with 46 section 4 of the state finance law, the comptroller is hereby authorized 47 and directed to transfer, upon request of the director of the budget and 48 upon consultation with the state university chancellor or his or her 49 designee, on or before March 31, 2023, up to $6,500,000 from the state 50 university income fund general revenue account (22653) to the state 51 general fund for debt service costs related to campus supported capital 52 project costs for the NY-SUNY 2020 challenge grant program at the 53 University at Albany. 54 § 8. Notwithstanding any law to the contrary, the state university 55 chancellor or his or her designee is authorized and directed to transfer 56 estimated tuition revenue balances from the state university collection S. 8005 34 A. 9005 1 fund (61000) to the state university income fund, state university 2 general revenue offset account (22655) on or before March 31, 2023. 3 § 9. Notwithstanding any law to the contrary, and in accordance with 4 section 4 of the state finance law, the comptroller is hereby authorized 5 and directed to transfer, upon request of the director of the budget, up 6 to $1,100,384,416 from the general fund to the state university income 7 fund, state university general revenue offset account (22655) during the 8 period of July 1, 2022 through June 30, 2023 to support operations at 9 the state university. 10 § 10. Notwithstanding any law to the contrary, and in accordance with 11 section 4 of the state finance law, the comptroller is hereby authorized 12 and directed to transfer, upon request of the director of the budget, up 13 to $48,834,000 from the general fund to the state university income 14 fund, state university general revenue offset account (22655) during the 15 period of July 1, 2022 to June 30, 2023 for general fund operating 16 support pursuant to subparagraph (4-b) of paragraph h of subdivision 2 17 of section three hundred fifty-five of the education law. 18 § 11. Notwithstanding any law to the contrary, and in accordance with 19 section 4 of the state finance law, the comptroller is hereby authorized 20 and directed to transfer, upon request of the director of the budget, up 21 to $20,000,000 from the general fund to the state university income 22 fund, state university general revenue offset account (22655) during the 23 period of July 1, 2022 to June 30, 2023 to support operations at the 24 state university in accordance with the maintenance of effort pursuant 25 to subparagraph (4) of paragraph h of subdivision 2 of section 355 of 26 the education law. 27 § 12. Notwithstanding any law to the contrary, and in accordance with 28 section 4 of the state finance law, the comptroller is hereby authorized 29 and directed to transfer, upon request of the state university chancel- 30 lor or his or her designee, up to $55,000,000 from the state university 31 income fund, state university hospitals income reimbursable account 32 (22656), for services and expenses of hospital operations and capital 33 expenditures at the state university hospitals; and the state university 34 income fund, Long Island veterans' home account (22652) to the state 35 university capital projects fund (32400) on or before June 30, 2023. 36 § 13. Notwithstanding any law to the contrary, and in accordance with 37 section 4 of the state finance law, the comptroller, after consultation 38 with the state university chancellor or his or her designee, is hereby 39 authorized and directed to transfer moneys, in the first instance, from 40 the state university collection fund, Stony Brook hospital collection 41 account (61006), Brooklyn hospital collection account (61007), and Syra- 42 cuse hospital collection account (61008) to the state university income 43 fund, state university hospitals income reimbursable account (22656) in 44 the event insufficient funds are available in the state university 45 income fund, state university hospitals income reimbursable account 46 (22656) to permit the full transfer of moneys authorized for transfer, 47 to the general fund for payment of debt service related to the SUNY 48 hospitals. Notwithstanding any law to the contrary, the comptroller is 49 also hereby authorized and directed, after consultation with the state 50 university chancellor or his or her designee, to transfer moneys from 51 the state university income fund to the state university income fund, 52 state university hospitals income reimbursable account (22656) in the 53 event insufficient funds are available in the state university income 54 fund, state university hospitals income reimbursable account (22656) to 55 pay hospital operating costs or to permit the full transfer of moneys S. 8005 35 A. 9005 1 authorized for transfer, to the general fund for payment of debt service 2 related to the SUNY hospitals on or before March 31, 2023. 3 § 14. Notwithstanding any law to the contrary, upon the direction of 4 the director of the budget and the chancellor of the state university of 5 New York or his or her designee, and in accordance with section 4 of the 6 state finance law, the comptroller is hereby authorized and directed to 7 transfer monies from the state university dormitory income fund (40350) 8 to the state university residence hall rehabilitation fund (30100), and 9 from the state university residence hall rehabilitation fund (30100) to 10 the state university dormitory income fund (40350), in an amount not to 11 exceed $100 million from each fund. 12 § 15. Notwithstanding any law to the contrary, and in accordance with 13 section 4 of the state finance law, the comptroller is hereby authorized 14 and directed to transfer, at the request of the director of the budget, 15 up to $700 million from the unencumbered balance of any special revenue 16 fund or account, agency fund or account, internal service fund or 17 account, enterprise fund or account, or any combination of such funds 18 and accounts, to the general fund. The amounts transferred pursuant to 19 this authorization shall be in addition to any other transfers expressly 20 authorized in the 2022-23 budget. Transfers from federal funds, debt 21 service funds, capital projects funds, the community projects fund, or 22 funds that would result in the loss of eligibility for federal benefits 23 or federal funds pursuant to federal law, rule, or regulation as assent- 24 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 25 1951 are not permitted pursuant to this authorization. 26 § 16. Notwithstanding any law to the contrary, and in accordance with 27 section 4 of the state finance law, the comptroller is hereby authorized 28 and directed to transfer, at the request of the director of the budget, 29 up to $100 million from any non-general fund or account, or combination 30 of funds and accounts, to the miscellaneous special revenue fund, tech- 31 nology financing account (22207), the miscellaneous capital projects 32 fund, the federal capital projects account (31350), information technol- 33 ogy capital financing account (32215), or the centralized technology 34 services account (55069), for the purpose of consolidating technology 35 procurement and services. The amounts transferred to the miscellaneous 36 special revenue fund, technology financing account (22207) pursuant to 37 this authorization shall be equal to or less than the amount of such 38 monies intended to support information technology costs which are 39 attributable, according to a plan, to such account made in pursuance to 40 an appropriation by law. Transfers to the technology financing account 41 shall be completed from amounts collected by non-general funds or 42 accounts pursuant to a fund deposit schedule or permanent statute, and 43 shall be transferred to the technology financing account pursuant to a 44 schedule agreed upon by the affected agency commissioner. Transfers from 45 funds that would result in the loss of eligibility for federal benefits 46 or federal funds pursuant to federal law, rule, or regulation as assent- 47 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 48 1951 are not permitted pursuant to this authorization. 49 § 17. Notwithstanding any law to the contrary, and in accordance with 50 section 4 of the state finance law, the comptroller is hereby authorized 51 and directed to transfer, at the request of the director of the budget, 52 up to $400 million from any non-general fund or account, or combination 53 of funds and accounts, to the general fund for the purpose of consol- 54 idating technology procurement and services. The amounts transferred 55 pursuant to this authorization shall be equal to or less than the amount 56 of such monies intended to support information technology costs which S. 8005 36 A. 9005 1 are attributable, according to a plan, to such account made in pursuance 2 to an appropriation by law. Transfers to the general fund shall be 3 completed from amounts collected by non-general funds or accounts pursu- 4 ant to a fund deposit schedule. Transfers from funds that would result 5 in the loss of eligibility for federal benefits or federal funds pursu- 6 ant to federal law, rule, or regulation as assented to in chapter 683 of 7 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted 8 pursuant to this authorization. 9 § 18. Notwithstanding any provision of law to the contrary, as deemed 10 feasible and advisable by its trustees, the power authority of the state 11 of New York is authorized and directed to transfer to the state treasury 12 to the credit of the general fund up to $20,000,000 for the state fiscal 13 year commencing April 1, 2022, the proceeds of which will be utilized to 14 support energy-related state activities. 15 § 19. Notwithstanding any provision of law, rule or regulation to the 16 contrary, the New York state energy research and development authority 17 is authorized and directed to make the following contributions to the 18 state treasury to the credit of the general fund on or before March 31, 19 2023: (a) $913,000; and (b) $23,000,000 from proceeds collected by the 20 authority from the auction or sale of carbon dioxide emission allowances 21 allocated by the department of environmental conservation. 22 § 20. Notwithstanding any provision of law, rule or regulation to the 23 contrary, the New York state energy research and development authority 24 is authorized and directed to transfer five million dollars to the cred- 25 it of the Environmental Protection Fund on or before March 31, 2023 from 26 proceeds collected by the authority from the auction or sale of carbon 27 dioxide emission allowances allocated by the department of environmental 28 conservation. 29 § 21. Subdivision 5 of section 97-rrr of the state finance law, as 30 amended by section 20 of part JJJ of chapter 59 of the laws of 2021, is 31 amended to read as follows: 32 5. Notwithstanding the provisions of section one hundred seventy-one-a 33 of the tax law, as separately amended by chapters four hundred eighty- 34 one and four hundred eighty-four of the laws of nineteen hundred eight- 35 y-one, and notwithstanding the provisions of chapter ninety-four of the 36 laws of two thousand eleven, or any other provisions of law to the 37 contrary, during the fiscal year beginning April first, two thousand 38 [twenty-one] twenty-two, the state comptroller is hereby authorized and 39 directed to deposit to the fund created pursuant to this section from 40 amounts collected pursuant to article twenty-two of the tax law and 41 pursuant to a schedule submitted by the director of the budget, up to 42 [$1,979,457,000] $1,830,985,000, as may be certified in such schedule as 43 necessary to meet the purposes of such fund for the fiscal year begin- 44 ning April first, two thousand [twenty-one] twenty-two. 45 § 22. Notwithstanding any law to the contrary, the comptroller is 46 hereby authorized and directed to transfer, upon request of the director 47 of the budget, on or before March 31, 2023, the following amounts from 48 the following special revenue accounts to the capital projects fund 49 (30000), for the purposes of reimbursement to such fund for expenses 50 related to the maintenance and preservation of state assets: 51 1. $43,000 from the miscellaneous special revenue fund, administrative 52 program account (21982). 53 2. $1,478,000 from the miscellaneous special revenue fund, helen hayes 54 hospital account (22140). 55 3. $456,000 from the miscellaneous special revenue fund, New York city 56 veterans' home account (22141). S. 8005 37 A. 9005 1 4. $570,000 from the miscellaneous special revenue fund, New York 2 state home for veterans' and their dependents at oxford account (22142). 3 5. $170,000 from the miscellaneous special revenue fund, western New 4 York veterans' home account (22143). 5 6. $323,000 from the miscellaneous special revenue fund, New York 6 state for veterans in the lower-hudson valley account (22144). 7 7. $2,550,000 from the miscellaneous special revenue fund, patron 8 services account (22163). 9 8. $7,502,241 from the miscellaneous special revenue fund, state 10 university general income reimbursable account (22653). 11 9. $135,656,957 from the miscellaneous special revenue fund, state 12 university revenue offset account (22655). 13 10. $49,329,802 from the state university dormitory income fund, state 14 university dormitory income fund (40350). 15 11. $1,000,000 from the miscellaneous special revenue fund, litigation 16 settlement and civil recovery account (22117). 17 § 23. Subdivision 8 of section 53 of the state finance law, as amended 18 by chapter 58 of the laws of 1982, is amended to read as follows: 19 8. Notwithstanding the foregoing provisions of this section, in addi- 20 tion to the restrictions set forth therein, the governor may authorize a 21 transfer to the general fund, to a capital projects fund, or to a fund 22 established to account for revenues from the federal government only 23 after the approval of: 24 (1) the temporary president of the senate or the [chairman] chair of 25 the senate finance committee (the "senate"); and 26 (2) the speaker of the assembly or the [chairman] chair of the assem- 27 bly ways and means committee (the "assembly"). 28 Provided however, if either the senate or the assembly fails to affir- 29 matively deny or approve such transfer within ten days from the date on 30 which the governor provides notification of such transfer, then the 31 transfer shall be deemed approved by both the senate and the assembly. 32 § 24. Subdivision 6 of section 4 of the state finance law, as amended 33 by section 25 of part JJ of chapter 56 of the laws of 2020, is amended 34 to read as follows: 35 6. Notwithstanding any law to the contrary, at the beginning of the 36 state fiscal year, the state comptroller is hereby authorized and 37 directed to receive for deposit to the credit of a fund and/or an 38 account such monies as are identified by the director of the budget as 39 having been intended for such deposit to support disbursements from such 40 fund and/or account made in pursuance of an appropriation by law. As 41 soon as practicable upon enactment of the budget, the director of the 42 budget shall, but not less than three days following preliminary 43 submission to the chairs of the senate finance committee and the assem- 44 bly ways and means committee, file with the state comptroller an iden- 45 tification of specific monies to be so deposited. Any subsequent change 46 regarding the monies to be so deposited shall be filed by the director 47 of the budget, as soon as practicable, but not less than three days 48 following preliminary submission to the chairs of the senate finance 49 committee and the assembly ways and means committee. 50 All monies identified by the director of the budget to be deposited to 51 the credit of a fund and/or account shall be consistent with the intent 52 of the budget for the then current state fiscal year as enacted by the 53 legislature. 54 [The provisions of this subdivision shall expire on March thirty- 55 first, two thousand twenty-two.] S. 8005 38 A. 9005 1 § 25. Subdivision 4 of section 40 of the state finance law, as amended 2 by section 26 of part JJ of chapter 56 of the laws of 2020, is amended 3 to read as follows: 4 4. Every appropriation made from a fund or account to a department or 5 agency shall be available for the payment of prior years' liabilities in 6 such fund or account for fringe benefits, indirect costs, and telecommu- 7 nications expenses and expenses for other centralized services fund 8 programs without limit. Every appropriation shall also be available for 9 the payment of prior years' liabilities other than those indicated 10 above, but only to the extent of one-half of one percent of the total 11 amount appropriated to a department or agency in such fund or account. 12 [The provisions of this subdivision shall expire March thirty-first, 13 two thousand twenty-two.] 14 § 26. Subdivision 2 of section 92-cc of the state finance law, as 15 amended by section 12-a of part I of chapter 60 of the laws of 2015, is 16 amended to read as follows: 17 2. Such fund shall have a maximum balance not to exceed [five] fifteen 18 per centum of the aggregate amount projected to be disbursed from the 19 [general fund] state operating funds during the fiscal year immediately 20 following the then-current fiscal year. At the request of the director 21 of the budget, the state comptroller shall transfer monies to the rainy 22 day reserve fund up to and including an amount equivalent to [seventy- 23 five one-hundredths of one] three per centum of the aggregate amount 24 projected to be disbursed from the [general fund] state operating funds 25 during the then-current fiscal year, unless such transfer would increase 26 the rainy day reserve fund to an amount in excess of [five] fifteen per 27 centum of the aggregate amount projected to be disbursed from the 28 [general fund] state operating funds during the fiscal year immediately 29 following the then-current fiscal year, in which event such transfer 30 shall be limited to such amount as will increase the rainy day reserve 31 fund to such [five] fifteen per centum limitation. 32 § 27. Paragraph (c) of subdivision 4 of section 99-aa of the state 33 finance law, as added by section 22-d of part XXX of chapter 59 of the 34 laws of 2017, is amended to read as follows: 35 (c) At the request of the director of the budget, the state comp- 36 troller shall transfer monies from the general fund to the trust fund up 37 to and including an amount equivalent to one and fifty one-hundredths of 38 one per centum of the total actuarial accrued liability included in the 39 state of New York comprehensive annual financial report. 40 § 28. Subdivision 4 of section 89-h of the state finance law, as 41 amended by chapter 92 of the laws of 2021, is amended to read as 42 follows: 43 4. The moneys of the medical cannabis trust fund, following appropri- 44 ation by the legislature, shall be allocated upon a certificate of 45 approval of availability by the director of the budget as follows: (a) 46 Twenty-two and five-tenths percent of the monies shall be transferred to 47 the counties in New York state in which the medical cannabis was manu- 48 factured and allocated in proportion to the gross sales originating from 49 medical cannabis manufactured in each such county; (b) twenty-two and 50 five-tenths percent of the moneys shall be transferred to the counties 51 in New York state in which the medical cannabis was dispensed and allo- 52 cated in proportion to the gross sales occurring in each such county; 53 (c) five percent of the monies shall be transferred to the office of 54 addiction services and supports, which shall use that revenue for addi- 55 tional drug abuse prevention, counseling and treatment services; (d) 56 five percent of the revenue received by the department shall be trans- S. 8005 39 A. 9005 1 ferred to the division of criminal justice services, which shall use 2 that revenue for a program of discretionary grants to state and local 3 law enforcement agencies that demonstrate a need relating to article 4 three of the cannabis law; said grants could be used for personnel costs 5 of state and local law enforcement agencies; and (e) forty-five percent 6 of the monies shall be [transferred] deposited to the New York state 7 cannabis revenue fund. For purposes of this subdivision, the city of New 8 York shall be deemed to be a county. 9 § 29. Notwithstanding any other law, rule, or regulation to the 10 contrary, the state comptroller is hereby authorized and directed to use 11 any balance remaining in the mental health services fund debt service 12 appropriation, after payment by the state comptroller of all obligations 13 required pursuant to any lease, sublease, or other financing arrangement 14 between the dormitory authority of the state of New York as successor to 15 the New York state medical care facilities finance agency, and the 16 facilities development corporation pursuant to chapter 83 of the laws of 17 1995 and the department of mental hygiene for the purpose of making 18 payments to the dormitory authority of the state of New York for the 19 amount of the earnings for the investment of monies deposited in the 20 mental health services fund that such agency determines will or may have 21 to be rebated to the federal government pursuant to the provisions of 22 the internal revenue code of 1986, as amended, in order to enable such 23 agency to maintain the exemption from federal income taxation on the 24 interest paid to the holders of such agency's mental services facilities 25 improvement revenue bonds. Annually on or before each June 30th, such 26 agency shall certify to the state comptroller its determination of the 27 amounts received in the mental health services fund as a result of the 28 investment of monies deposited therein that will or may have to be 29 rebated to the federal government pursuant to the provisions of the 30 internal revenue code of 1986, as amended. 31 § 30. Subdivision 1 of section 16 of part D of chapter 389 of the laws 32 of 1997, relating to the financing of the correctional facilities 33 improvement fund and the youth facility improvement fund, as amended by 34 section 25 of part JJJ of chapter 59 of the laws of 2021, is amended to 35 read as follows: 36 1. Subject to the provisions of chapter 59 of the laws of 2000, but 37 notwithstanding the provisions of section 18 of section 1 of chapter 174 38 of the laws of 1968, the New York state urban development corporation is 39 hereby authorized to issue bonds, notes and other obligations in an 40 aggregate principal amount not to exceed [nine billion one hundred thir- 41 ty-nine million six hundred nineteen thousand dollars $9,139,619,000] 42 nine billion five hundred two million seven hundred thirty-nine thousand 43 dollars $9,502,739,000, and shall include all bonds, notes and other 44 obligations issued pursuant to chapter 56 of the laws of 1983, as 45 amended or supplemented. The proceeds of such bonds, notes or other 46 obligations shall be paid to the state, for deposit in the correctional 47 facilities capital improvement fund to pay for all or any portion of the 48 amount or amounts paid by the state from appropriations or reappropri- 49 ations made to the department of corrections and community supervision 50 from the correctional facilities capital improvement fund for capital 51 projects. The aggregate amount of bonds, notes or other obligations 52 authorized to be issued pursuant to this section shall exclude bonds, 53 notes or other obligations issued to refund or otherwise repay bonds, 54 notes or other obligations theretofore issued, the proceeds of which 55 were paid to the state for all or a portion of the amounts expended by 56 the state from appropriations or reappropriations made to the department S. 8005 40 A. 9005 1 of corrections and community supervision; provided, however, that upon 2 any such refunding or repayment the total aggregate principal amount of 3 outstanding bonds, notes or other obligations may be greater than [nine 4 billion one hundred thirty-nine million six hundred nineteen thousand 5 dollars $9,139,619,000] nine billion five hundred two million seven 6 hundred thirty-nine thousand dollars $9,502,739,000, only if the present 7 value of the aggregate debt service of the refunding or repayment bonds, 8 notes or other obligations to be issued shall not exceed the present 9 value of the aggregate debt service of the bonds, notes or other obli- 10 gations so to be refunded or repaid. For the purposes hereof, the pres- 11 ent value of the aggregate debt service of the refunding or repayment 12 bonds, notes or other obligations and of the aggregate debt service of 13 the bonds, notes or other obligations so refunded or repaid, shall be 14 calculated by utilizing the effective interest rate of the refunding or 15 repayment bonds, notes or other obligations, which shall be that rate 16 arrived at by doubling the semi-annual interest rate (compounded semi- 17 annually) necessary to discount the debt service payments on the refund- 18 ing or repayment bonds, notes or other obligations from the payment 19 dates thereof to the date of issue of the refunding or repayment bonds, 20 notes or other obligations and to the price bid including estimated 21 accrued interest or proceeds received by the corporation including esti- 22 mated accrued interest from the sale thereof. 23 § 31. Subdivision (a) of section 27 of part Y of chapter 61 of the 24 laws of 2005, relating to providing for the administration of certain 25 funds and accounts related to the 2005-2006 budget, as amended by 26 section 26 of part JJJ of chapter 59 of the laws of 2021, is amended to 27 read as follows: 28 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 29 notwithstanding any provisions of law to the contrary, the urban devel- 30 opment corporation is hereby authorized to issue bonds or notes in one 31 or more series in an aggregate principal amount not to exceed [three 32 hundred seventy-four million six hundred thousand dollars $374,600,000] 33 four hundred twenty-six million one hundred thousand dollars 34 $426,100,000, excluding bonds issued to finance one or more debt service 35 reserve funds, to pay costs of issuance of such bonds, and bonds or 36 notes issued to refund or otherwise repay such bonds or notes previously 37 issued, for the purpose of financing capital projects including IT 38 initiatives for the division of state police, debt service and leases; 39 and to reimburse the state general fund for disbursements made therefor. 40 Such bonds and notes of such authorized issuer shall not be a debt of 41 the state, and the state shall not be liable thereon, nor shall they be 42 payable out of any funds other than those appropriated by the state to 43 such authorized issuer for debt service and related expenses pursuant to 44 any service contract executed pursuant to subdivision (b) of this 45 section and such bonds and notes shall contain on the face thereof a 46 statement to such effect. Except for purposes of complying with the 47 internal revenue code, any interest income earned on bond proceeds shall 48 only be used to pay debt service on such bonds. 49 § 32. Subdivision 3 of section 1285-p of the public authorities law, 50 as amended by section 27 of part JJJ of chapter 59 of the laws of 2021, 51 is amended to read as follows: 52 3. The maximum amount of bonds that may be issued for the purpose of 53 financing environmental infrastructure projects authorized by this 54 section shall be [seven billion one hundred thirty million ten thousand 55 dollars $7,130,010,000] eight billion eighty-nine million one hundred 56 ten thousand dollars $8,089,110,000, exclusive of bonds issued to fund S. 8005 41 A. 9005 1 any debt service reserve funds, pay costs of issuance of such bonds, and 2 bonds or notes issued to refund or otherwise repay bonds or notes previ- 3 ously issued. Such bonds and notes of the corporation shall not be a 4 debt of the state, and the state shall not be liable thereon, nor shall 5 they be payable out of any funds other than those appropriated by the 6 state to the corporation for debt service and related expenses pursuant 7 to any service contracts executed pursuant to subdivision one of this 8 section, and such bonds and notes shall contain on the face thereof a 9 statement to such effect. 10 § 33. Subdivision (a) of section 48 of part K of chapter 81 of the 11 laws of 2002, relating to providing for the administration of certain 12 funds and accounts related to the 2002-2003 budget, as amended by 13 section 28 of part JJJ of chapter 59 of the laws of 2021, is amended to 14 read as follows: 15 (a) Subject to the provisions of chapter 59 of the laws of 2000 but 16 notwithstanding the provisions of section 18 of the urban development 17 corporation act, the corporation is hereby authorized to issue bonds or 18 notes in one or more series in an aggregate principal amount not to 19 exceed [three hundred forty-seven million five hundred thousand dollars 20 $347,500,000] three hundred eighty-three million five hundred thousand 21 dollars $383,500,000, excluding bonds issued to fund one or more debt 22 service reserve funds, to pay costs of issuance of such bonds, and bonds 23 or notes issued to refund or otherwise repay such bonds or notes previ- 24 ously issued, for the purpose of financing capital costs related to 25 homeland security and training facilities for the division of state 26 police, the division of military and naval affairs, and any other state 27 agency, including the reimbursement of any disbursements made from the 28 state capital projects fund, and is hereby authorized to issue bonds or 29 notes in one or more series in an aggregate principal amount not to 30 exceed [one billion three hundred eight million six hundred eighty-six 31 thousand dollars $1,308,686,000] one billion five hundred ninety-one 32 million nine hundred eighty-six thousand dollars $1,591,986,000, exclud- 33 ing bonds issued to fund one or more debt service reserve funds, to pay 34 costs of issuance of such bonds, and bonds or notes issued to refund or 35 otherwise repay such bonds or notes previously issued, for the purpose 36 of financing improvements to State office buildings and other facilities 37 located statewide, including the reimbursement of any disbursements made 38 from the state capital projects fund. Such bonds and notes of the corpo- 39 ration shall not be a debt of the state, and the state shall not be 40 liable thereon, nor shall they be payable out of any funds other than 41 those appropriated by the state to the corporation for debt service and 42 related expenses pursuant to any service contracts executed pursuant to 43 subdivision (b) of this section, and such bonds and notes shall contain 44 on the face thereof a statement to such effect. 45 § 34. Paragraph (c) of subdivision 19 of section 1680 of the public 46 authorities law, as amended by section 29 of part JJJ of chapter 59 of 47 the laws of 2021, is amended to read as follows: 48 (c) Subject to the provisions of chapter fifty-nine of the laws of two 49 thousand, the dormitory authority shall not issue any bonds for state 50 university educational facilities purposes if the principal amount of 51 bonds to be issued when added to the aggregate principal amount of bonds 52 issued by the dormitory authority on and after July first, nineteen 53 hundred eighty-eight for state university educational facilities will 54 exceed [fifteen billion five hundred fifty-five million eight hundred 55 sixty-four thousand dollars $15,555,864,000] sixteen billion three 56 hundred seventy-one million eight hundred sixty-four thousand dollars S. 8005 42 A. 9005 1 $16,371,864,000; provided, however, that bonds issued or to be issued 2 shall be excluded from such limitation if: (1) such bonds are issued to 3 refund state university construction bonds and state university 4 construction notes previously issued by the housing finance agency; or 5 (2) such bonds are issued to refund bonds of the authority or other 6 obligations issued for state university educational facilities purposes 7 and the present value of the aggregate debt service on the refunding 8 bonds does not exceed the present value of the aggregate debt service on 9 the bonds refunded thereby; provided, further that upon certification by 10 the director of the budget that the issuance of refunding bonds or other 11 obligations issued between April first, nineteen hundred ninety-two and 12 March thirty-first, nineteen hundred ninety-three will generate long 13 term economic benefits to the state, as assessed on a present value 14 basis, such issuance will be deemed to have met the present value test 15 noted above. For purposes of this subdivision, the present value of the 16 aggregate debt service of the refunding bonds and the aggregate debt 17 service of the bonds refunded, shall be calculated by utilizing the true 18 interest cost of the refunding bonds, which shall be that rate arrived 19 at by doubling the semi-annual interest rate (compounded semi-annually) 20 necessary to discount the debt service payments on the refunding bonds 21 from the payment dates thereof to the date of issue of the refunding 22 bonds to the purchase price of the refunding bonds, including interest 23 accrued thereon prior to the issuance thereof. The maturity of such 24 bonds, other than bonds issued to refund outstanding bonds, shall not 25 exceed the weighted average economic life, as certified by the state 26 university construction fund, of the facilities in connection with which 27 the bonds are issued, and in any case not later than the earlier of 28 thirty years or the expiration of the term of any lease, sublease or 29 other agreement relating thereto; provided that no note, including 30 renewals thereof, shall mature later than five years after the date of 31 issuance of such note. The legislature reserves the right to amend or 32 repeal such limit, and the state of New York, the dormitory authority, 33 the state university of New York, and the state university construction 34 fund are prohibited from covenanting or making any other agreements with 35 or for the benefit of bondholders which might in any way affect such 36 right. 37 § 35. Paragraph (c) of subdivision 14 of section 1680 of the public 38 authorities law, as amended by section 30 of part JJJ of chapter 59 of 39 the laws of 2021, is amended to read as follows: 40 (c) Subject to the provisions of chapter fifty-nine of the laws of two 41 thousand, (i) the dormitory authority shall not deliver a series of 42 bonds for city university community college facilities, except to refund 43 or to be substituted for or in lieu of other bonds in relation to city 44 university community college facilities pursuant to a resolution of the 45 dormitory authority adopted before July first, nineteen hundred eighty- 46 five or any resolution supplemental thereto, if the principal amount of 47 bonds so to be issued when added to all principal amounts of bonds 48 previously issued by the dormitory authority for city university commu- 49 nity college facilities, except to refund or to be substituted in lieu 50 of other bonds in relation to city university community college facili- 51 ties will exceed the sum of four hundred twenty-five million dollars and 52 (ii) the dormitory authority shall not deliver a series of bonds issued 53 for city university facilities, including community college facilities, 54 pursuant to a resolution of the dormitory authority adopted on or after 55 July first, nineteen hundred eighty-five, except to refund or to be 56 substituted for or in lieu of other bonds in relation to city university S. 8005 43 A. 9005 1 facilities and except for bonds issued pursuant to a resolution supple- 2 mental to a resolution of the dormitory authority adopted prior to July 3 first, nineteen hundred eighty-five, if the principal amount of bonds so 4 to be issued when added to the principal amount of bonds previously 5 issued pursuant to any such resolution, except bonds issued to refund or 6 to be substituted for or in lieu of other bonds in relation to city 7 university facilities, will exceed [nine billion six hundred sixty-one 8 million thirty thousand dollars $9,661,030,000] ten billion ninety-eight 9 million six hundred twenty-six thousand dollars $10,098,626,000. The 10 legislature reserves the right to amend or repeal such limit, and the 11 state of New York, the dormitory authority, the city university, and the 12 fund are prohibited from covenanting or making any other agreements with 13 or for the benefit of bondholders which might in any way affect such 14 right. 15 § 36. Subdivision 10-a of section 1680 of the public authorities law, 16 as amended by section 31 of part JJJ of chapter 59 of the laws of 2021, 17 is amended to read as follows: 18 10-a. Subject to the provisions of chapter fifty-nine of the laws of 19 two thousand, but notwithstanding any other provision of the law to the 20 contrary, the maximum amount of bonds and notes to be issued after March 21 thirty-first, two thousand two, on behalf of the state, in relation to 22 any locally sponsored community college, shall be [one billion sixty-six 23 million two hundred fifty-seven thousand dollars $1,066,257,000] one 24 billion one hundred twenty-three million one hundred forty thousand 25 dollars $1,123,140,000. Such amount shall be exclusive of bonds and 26 notes issued to fund any reserve fund or funds, costs of issuance and to 27 refund any outstanding bonds and notes, issued on behalf of the state, 28 relating to a locally sponsored community college. 29 § 37. Subdivision 1 of section 17 of part D of chapter 389 of the laws 30 of 1997, relating to the financing of the correctional facilities 31 improvement fund and the youth facility improvement fund, as amended by 32 section 32 of part JJJ of chapter 59 of the laws of 2021, is amended to 33 read as follows: 34 1. Subject to the provisions of chapter 59 of the laws of 2000, but 35 notwithstanding the provisions of section 18 of section 1 of chapter 174 36 of the laws of 1968, the New York state urban development corporation is 37 hereby authorized to issue bonds, notes and other obligations in an 38 aggregate principal amount not to exceed [eight hundred seventy-six 39 million fifteen thousand dollars $876,015,000] nine hundred eleven 40 million seven hundred fifteen thousand dollars $911,715,000, which 41 authorization increases the aggregate principal amount of bonds, notes 42 and other obligations authorized by section 40 of chapter 309 of the 43 laws of 1996, and shall include all bonds, notes and other obligations 44 issued pursuant to chapter 211 of the laws of 1990, as amended or 45 supplemented. The proceeds of such bonds, notes or other obligations 46 shall be paid to the state, for deposit in the youth facilities improve- 47 ment fund, to pay for all or any portion of the amount or amounts paid 48 by the state from appropriations or reappropriations made to the office 49 of children and family services from the youth facilities improvement 50 fund for capital projects. The aggregate amount of bonds, notes and 51 other obligations authorized to be issued pursuant to this section shall 52 exclude bonds, notes or other obligations issued to refund or otherwise 53 repay bonds, notes or other obligations theretofore issued, the proceeds 54 of which were paid to the state for all or a portion of the amounts 55 expended by the state from appropriations or reappropriations made to 56 the office of children and family services; provided, however, that upon S. 8005 44 A. 9005 1 any such refunding or repayment the total aggregate principal amount of 2 outstanding bonds, notes or other obligations may be greater than [eight 3 hundred seventy-six million fifteen thousand dollars $876,015,000] nine 4 hundred eleven million seven hundred fifteen thousand dollars 5 $911,715,000, only if the present value of the aggregate debt service of 6 the refunding or repayment bonds, notes or other obligations to be 7 issued shall not exceed the present value of the aggregate debt service 8 of the bonds, notes or other obligations so to be refunded or repaid. 9 For the purposes hereof, the present value of the aggregate debt service 10 of the refunding or repayment bonds, notes or other obligations and of 11 the aggregate debt service of the bonds, notes or other obligations so 12 refunded or repaid, shall be calculated by utilizing the effective 13 interest rate of the refunding or repayment bonds, notes or other obli- 14 gations, which shall be that rate arrived at by doubling the semi-annual 15 interest rate (compounded semi-annually) necessary to discount the debt 16 service payments on the refunding or repayment bonds, notes or other 17 obligations from the payment dates thereof to the date of issue of the 18 refunding or repayment bonds, notes or other obligations and to the 19 price bid including estimated accrued interest or proceeds received by 20 the corporation including estimated accrued interest from the sale ther- 21 eof. 22 § 38. Paragraph b of subdivision 2 of section 9-a of section 1 of 23 chapter 392 of the laws of 1973, constituting the New York state medical 24 care facilities finance agency act, as amended by section 33 of part JJJ 25 of chapter 59 of the laws of 2021, is amended to read as follows: 26 b. The agency shall have power and is hereby authorized from time to 27 time to issue negotiable bonds and notes in conformity with applicable 28 provisions of the uniform commercial code in such principal amount as, 29 in the opinion of the agency, shall be necessary, after taking into 30 account other moneys which may be available for the purpose, to provide 31 sufficient funds to the facilities development corporation, or any 32 successor agency, for the financing or refinancing of or for the design, 33 construction, acquisition, reconstruction, rehabilitation or improvement 34 of mental health services facilities pursuant to paragraph a of this 35 subdivision, the payment of interest on mental health services improve- 36 ment bonds and mental health services improvement notes issued for such 37 purposes, the establishment of reserves to secure such bonds and notes, 38 the cost or premium of bond insurance or the costs of any financial 39 mechanisms which may be used to reduce the debt service that would be 40 payable by the agency on its mental health services facilities improve- 41 ment bonds and notes and all other expenditures of the agency incident 42 to and necessary or convenient to providing the facilities development 43 corporation, or any successor agency, with funds for the financing or 44 refinancing of or for any such design, construction, acquisition, recon- 45 struction, rehabilitation or improvement and for the refunding of mental 46 hygiene improvement bonds issued pursuant to section 47-b of the private 47 housing finance law; provided, however, that the agency shall not issue 48 mental health services facilities improvement bonds and mental health 49 services facilities improvement notes in an aggregate principal amount 50 exceeding [ten billion four hundred seventy-six million seven hundred 51 seventy-three thousand dollars $10,476,773,000] ten billion nine hundred 52 thirty-two million six hundred thirty-three thousand dollars 53 $10,932,633,000, excluding mental health services facilities improvement 54 bonds and mental health services facilities improvement notes issued to 55 refund outstanding mental health services facilities improvement bonds 56 and mental health services facilities improvement notes; provided, S. 8005 45 A. 9005 1 however, that upon any such refunding or repayment of mental health 2 services facilities improvement bonds and/or mental health services 3 facilities improvement notes the total aggregate principal amount of 4 outstanding mental health services facilities improvement bonds and 5 mental health facilities improvement notes may be greater than [ten 6 billion four hundred seventy-six million seven hundred seventy-three 7 thousand dollars $10,476,773,000] ten billion nine hundred thirty-two 8 million six hundred thirty-three thousand dollars $10,932,633,000, only 9 if, except as hereinafter provided with respect to mental health 10 services facilities bonds and mental health services facilities notes 11 issued to refund mental hygiene improvement bonds authorized to be 12 issued pursuant to the provisions of section 47-b of the private housing 13 finance law, the present value of the aggregate debt service of the 14 refunding or repayment bonds to be issued shall not exceed the present 15 value of the aggregate debt service of the bonds to be refunded or 16 repaid. For purposes hereof, the present values of the aggregate debt 17 service of the refunding or repayment bonds, notes or other obligations 18 and of the aggregate debt service of the bonds, notes or other obli- 19 gations so refunded or repaid, shall be calculated by utilizing the 20 effective interest rate of the refunding or repayment bonds, notes or 21 other obligations, which shall be that rate arrived at by doubling the 22 semi-annual interest rate (compounded semi-annually) necessary to 23 discount the debt service payments on the refunding or repayment bonds, 24 notes or other obligations from the payment dates thereof to the date of 25 issue of the refunding or repayment bonds, notes or other obligations 26 and to the price bid including estimated accrued interest or proceeds 27 received by the authority including estimated accrued interest from the 28 sale thereof. Such bonds, other than bonds issued to refund outstanding 29 bonds, shall be scheduled to mature over a term not to exceed the aver- 30 age useful life, as certified by the facilities development corporation, 31 of the projects for which the bonds are issued, and in any case shall 32 not exceed thirty years and the maximum maturity of notes or any 33 renewals thereof shall not exceed five years from the date of the 34 original issue of such notes. Notwithstanding the provisions of this 35 section, the agency shall have the power and is hereby authorized to 36 issue mental health services facilities improvement bonds and/or mental 37 health services facilities improvement notes to refund outstanding 38 mental hygiene improvement bonds authorized to be issued pursuant to the 39 provisions of section 47-b of the private housing finance law and the 40 amount of bonds issued or outstanding for such purposes shall not be 41 included for purposes of determining the amount of bonds issued pursuant 42 to this section. The director of the budget shall allocate the aggregate 43 principal authorized to be issued by the agency among the office of 44 mental health, office for people with developmental disabilities, and 45 the office of addiction services and supports, in consultation with 46 their respective commissioners to finance bondable appropriations previ- 47 ously approved by the legislature. 48 § 39. Subdivision (a) of section 28 of part Y of chapter 61 of the 49 laws of 2005, relating to providing for the administration of certain 50 funds and accounts related to the 2005-2006 budget, as amended by 51 section 34 of part JJJ of chapter 59 of the laws of 2021, is amended to 52 read as follows: 53 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 54 notwithstanding any provisions of law to the contrary, one or more 55 authorized issuers as defined by section 68-a of the state finance law 56 are hereby authorized to issue bonds or notes in one or more series in S. 8005 46 A. 9005 1 an aggregate principal amount not to exceed [one hundred seventy-two 2 million dollars $172,000,000] one hundred ninety-seven million dollars 3 $197,000,000, excluding bonds issued to finance one or more debt service 4 reserve funds, to pay costs of issuance of such bonds, and bonds or 5 notes issued to refund or otherwise repay such bonds or notes previously 6 issued, for the purpose of financing capital projects for public 7 protection facilities in the Division of Military and Naval Affairs, 8 debt service and leases; and to reimburse the state general fund for 9 disbursements made therefor. Such bonds and notes of such authorized 10 issuer shall not be a debt of the state, and the state shall not be 11 liable thereon, nor shall they be payable out of any funds other than 12 those appropriated by the state to such authorized issuer for debt 13 service and related expenses pursuant to any service contract executed 14 pursuant to subdivision (b) of this section and such bonds and notes 15 shall contain on the face thereof a statement to such effect. Except for 16 purposes of complying with the internal revenue code, any interest 17 income earned on bond proceeds shall only be used to pay debt service on 18 such bonds. 19 § 40. Section 53 of section 1 of chapter 174 of the laws of 1968, 20 constituting the New York state urban development corporation act, as 21 amended by section 35 of part JJJ of chapter 59 of the laws of 2021, is 22 amended to read as follows: 23 § 53. 1. Notwithstanding the provisions of any other law to the 24 contrary, the dormitory authority and the urban development corporation 25 are hereby authorized to issue bonds or notes in one or more series for 26 the purpose of funding project costs for the acquisition of equipment, 27 including but not limited to the creation or modernization of informa- 28 tion technology systems and related research and development equipment, 29 health and safety equipment, heavy equipment and machinery, the creation 30 or improvement of security systems, and laboratory equipment and other 31 state costs associated with such capital projects. The aggregate princi- 32 pal amount of bonds authorized to be issued pursuant to this section 33 shall not exceed [two hundred ninety-three million dollars $293,000,000] 34 three hundred ninety-three million dollars $393,000,000, excluding bonds 35 issued to fund one or more debt service reserve funds, to pay costs of 36 issuance of such bonds, and bonds or notes issued to refund or otherwise 37 repay such bonds or notes previously issued. Such bonds and notes of the 38 dormitory authority and the urban development corporation shall not be a 39 debt of the state, and the state shall not be liable thereon, nor shall 40 they be payable out of any funds other than those appropriated by the 41 state to the dormitory authority and the urban development corporation 42 for principal, interest, and related expenses pursuant to a service 43 contract and such bonds and notes shall contain on the face thereof a 44 statement to such effect. Except for purposes of complying with the 45 internal revenue code, any interest income earned on bond proceeds shall 46 only be used to pay debt service on such bonds. 47 2. Notwithstanding any other provision of law to the contrary, in 48 order to assist the dormitory authority and the urban development corpo- 49 ration in undertaking the financing for project costs for the acquisi- 50 tion of equipment, including but not limited to the creation or modern- 51 ization of information technology systems and related research and 52 development equipment, health and safety equipment, heavy equipment and 53 machinery, the creation or improvement of security systems, and labora- 54 tory equipment and other state costs associated with such capital 55 projects, the director of the budget is hereby authorized to enter into 56 one or more service contracts with the dormitory authority and the urban S. 8005 47 A. 9005 1 development corporation, none of which shall exceed thirty years in 2 duration, upon such terms and conditions as the director of the budget 3 and the dormitory authority and the urban development corporation agree, 4 so as to annually provide to the dormitory authority and the urban 5 development corporation, in the aggregate, a sum not to exceed the prin- 6 cipal, interest, and related expenses required for such bonds and notes. 7 Any service contract entered into pursuant to this section shall provide 8 that the obligation of the state to pay the amount therein provided 9 shall not constitute a debt of the state within the meaning of any 10 constitutional or statutory provision and shall be deemed executory only 11 to the extent of monies available and that no liability shall be 12 incurred by the state beyond the monies available for such purpose, 13 subject to annual appropriation by the legislature. Any such contract or 14 any payments made or to be made thereunder may be assigned and pledged 15 by the dormitory authority and the urban development corporation as 16 security for its bonds and notes, as authorized by this section. 17 § 41. Subdivision (b) of section 11 of chapter 329 of the laws of 18 1991, amending the state finance law and other laws relating to the 19 establishment of the dedicated highway and bridge trust fund, as amended 20 by section 36 of part JJJ of chapter 59 of the laws of 2021, is amended 21 to read as follows: 22 (b) Any service contract or contracts for projects authorized pursuant 23 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 24 14-k of the transportation law, and entered into pursuant to subdivision 25 (a) of this section, shall provide for state commitments to provide 26 annually to the thruway authority a sum or sums, upon such terms and 27 conditions as shall be deemed appropriate by the director of the budget, 28 to fund, or fund the debt service requirements of any bonds or any obli- 29 gations of the thruway authority issued to fund or to reimburse the 30 state for funding such projects having a cost not in excess of [twelve 31 billion two hundred sixty million five hundred twenty-eight thousand 32 dollars $12,260,528,000] thirteen billion fifty-three million eight 33 hundred eighty-one thousand dollars $13,053,881,000 cumulatively by the 34 end of fiscal year [2021-22] 2022-23. For purposes of this subdivision, 35 such projects shall be deemed to include capital grants to cities, towns 36 and villages for the reimbursement of eligible capital costs of local 37 highway and bridge projects within such municipality, where allocations 38 to cities, towns and villages are based on the total number of New York 39 or United States or interstate signed touring route miles for which such 40 municipality has capital maintenance responsibility, and where such 41 eligible capital costs include the costs of construction and repair of 42 highways, bridges, highway-railroad crossings, and other transportation 43 facilities for projects with a service life of ten years or more. 44 § 42. Subdivision 1 of section 1689-i of the public authorities law, 45 as amended by section 37 of part JJJ of chapter 59 of the laws of 2021, 46 is amended to read as follows: 47 1. The dormitory authority is authorized to issue bonds, at the 48 request of the commissioner of education, to finance eligible library 49 construction projects pursuant to section two hundred seventy-three-a of 50 the education law, in amounts certified by such commissioner not to 51 exceed a total principal amount of [two hundred ninety-nine million 52 dollars $299,000,000] three hundred thirteen million dollars 53 $313,000,000. 54 § 43. Section 44 of section 1 of chapter 174 of the laws of 1968, 55 constituting the New York state urban development corporation act, as S. 8005 48 A. 9005 1 amended by section 38 of part JJJ of chapter 59 of the laws of 2021, is 2 amended to read as follows: 3 § 44. Issuance of certain bonds or notes. 1. Notwithstanding the 4 provisions of any other law to the contrary, the dormitory authority and 5 the corporation are hereby authorized to issue bonds or notes in one or 6 more series for the purpose of funding project costs for the regional 7 economic development council initiative, the economic transformation 8 program, state university of New York college for nanoscale and science 9 engineering, projects within the city of Buffalo or surrounding envi- 10 rons, the New York works economic development fund, projects for the 11 retention of professional football in western New York, the empire state 12 economic development fund, the clarkson-trudeau partnership, the New 13 York genome center, the cornell university college of veterinary medi- 14 cine, the olympic regional development authority, projects at nano 15 Utica, onondaga county revitalization projects, Binghamton university 16 school of pharmacy, New York power electronics manufacturing consortium, 17 regional infrastructure projects, high tech innovation and economic 18 development infrastructure program, high technology manufacturing 19 projects in Chautauqua and Erie county, an industrial scale research and 20 development facility in Clinton county, upstate revitalization initi- 21 ative projects, downstate revitalization initiative, market New York 22 projects, fairground buildings, equipment or facilities used to house 23 and promote agriculture, the state fair, the empire state trail, the 24 moynihan station development project, the Kingsbridge armory project, 25 strategic economic development projects, the cultural, arts and public 26 spaces fund, water infrastructure in the city of Auburn and town of 27 Owasco, a life sciences laboratory public health initiative, not-for- 28 profit pounds, shelters and humane societies, arts and cultural facili- 29 ties improvement program, restore New York's communities initiative, 30 heavy equipment, economic development and infrastructure projects, 31 Roosevelt Island operating corporation capital projects, Lake Ontario 32 regional projects, Pennsylvania station and other transit projects and 33 other state costs associated with such projects. The aggregate principal 34 amount of bonds authorized to be issued pursuant to this section shall 35 not exceed [eleven billion two hundred seventy-nine million two hundred 36 two thousand dollars $11,279,202,000] thirteen billion nine hundred 37 thirty-eight million four hundred two thousand dollars $13,938,402,000, 38 excluding bonds issued to fund one or more debt service reserve funds, 39 to pay costs of issuance of such bonds, and bonds or notes issued to 40 refund or otherwise repay such bonds or notes previously issued. Such 41 bonds and notes of the dormitory authority and the corporation shall not 42 be a debt of the state, and the state shall not be liable thereon, nor 43 shall they be payable out of any funds other than those appropriated by 44 the state to the dormitory authority and the corporation for principal, 45 interest, and related expenses pursuant to a service contract and such 46 bonds and notes shall contain on the face thereof a statement to such 47 effect. Except for purposes of complying with the internal revenue code, 48 any interest income earned on bond proceeds shall only be used to pay 49 debt service on such bonds. 50 2. Notwithstanding any other provision of law to the contrary, in 51 order to assist the dormitory authority and the corporation in undertak- 52 ing the financing for project costs for the regional economic develop- 53 ment council initiative, the economic transformation program, state 54 university of New York college for nanoscale and science engineering, 55 projects within the city of Buffalo or surrounding environs, the New 56 York works economic development fund, projects for the retention of S. 8005 49 A. 9005 1 professional football in western New York, the empire state economic 2 development fund, the clarkson-trudeau partnership, the New York genome 3 center, the cornell university college of veterinary medicine, the olym- 4 pic regional development authority, projects at nano Utica, onondaga 5 county revitalization projects, Binghamton university school of pharma- 6 cy, New York power electronics manufacturing consortium, regional 7 infrastructure projects, New York State Capital Assistance Program for 8 Transportation, infrastructure, and economic development, high tech 9 innovation and economic development infrastructure program, high tech- 10 nology manufacturing projects in Chautauqua and Erie county, an indus- 11 trial scale research and development facility in Clinton county, upstate 12 revitalization initiative projects, downstate revitalization initiative, 13 market New York projects, fairground buildings, equipment or facilities 14 used to house and promote agriculture, the state fair, the empire state 15 trail, the moynihan station development project, the Kingsbridge armory 16 project, strategic economic development projects, the cultural, arts and 17 public spaces fund, water infrastructure in the city of Auburn and town 18 of Owasco, a life sciences laboratory public health initiative, not-for- 19 profit pounds, shelters and humane societies, arts and cultural facili- 20 ties improvement program, restore New York's communities initiative, 21 heavy equipment, economic development and infrastructure projects, 22 Roosevelt Island operating corporation capital projects, Lake Ontario 23 regional projects, Pennsylvania station and other transit projects and 24 other state costs associated with such projects the director of the 25 budget is hereby authorized to enter into one or more service contracts 26 with the dormitory authority and the corporation, none of which shall 27 exceed thirty years in duration, upon such terms and conditions as the 28 director of the budget and the dormitory authority and the corporation 29 agree, so as to annually provide to the dormitory authority and the 30 corporation, in the aggregate, a sum not to exceed the principal, inter- 31 est, and related expenses required for such bonds and notes. Any service 32 contract entered into pursuant to this section shall provide that the 33 obligation of the state to pay the amount therein provided shall not 34 constitute a debt of the state within the meaning of any constitutional 35 or statutory provision and shall be deemed executory only to the extent 36 of monies available and that no liability shall be incurred by the state 37 beyond the monies available for such purpose, subject to annual appro- 38 priation by the legislature. Any such contract or any payments made or 39 to be made thereunder may be assigned and pledged by the dormitory 40 authority and the corporation as security for its bonds and notes, as 41 authorized by this section. 42 § 44. Subdivision 1 of section 386-b of the public authorities law, as 43 amended by section 39 of part JJJ of chapter 59 of the laws of 2021, is 44 amended to read as follows: 45 1. Notwithstanding any other provision of law to the contrary, the 46 authority, the dormitory authority and the urban development corporation 47 are hereby authorized to issue bonds or notes in one or more series for 48 the purpose of financing peace bridge projects and capital costs of 49 state and local highways, parkways, bridges, the New York state thruway, 50 Indian reservation roads, and facilities, and transportation infrastruc- 51 ture projects including aviation projects, non-MTA mass transit 52 projects, and rail service preservation projects, including work appur- 53 tenant and ancillary thereto. The aggregate principal amount of bonds 54 authorized to be issued pursuant to this section shall not exceed [eight 55 billion eight hundred thirty-nine million nine hundred sixty-three thou- 56 sand dollars $8,839,963,000] ten billion one hundred forty-seven million S. 8005 50 A. 9005 1 eight hundred sixty-three thousand dollars $10,147,863,000, excluding 2 bonds issued to fund one or more debt service reserve funds, to pay 3 costs of issuance of such bonds, and to refund or otherwise repay such 4 bonds or notes previously issued. Such bonds and notes of the authori- 5 ty, the dormitory authority and the urban development corporation shall 6 not be a debt of the state, and the state shall not be liable thereon, 7 nor shall they be payable out of any funds other than those appropriated 8 by the state to the authority, the dormitory authority and the urban 9 development corporation for principal, interest, and related expenses 10 pursuant to a service contract and such bonds and notes shall contain on 11 the face thereof a statement to such effect. Except for purposes of 12 complying with the internal revenue code, any interest income earned on 13 bond proceeds shall only be used to pay debt service on such bonds. 14 § 45. Paragraph (a) of subdivision 2 of section 47-e of the private 15 housing finance law, as amended by section 40 of part JJJ of chapter 59 16 of the laws of 2021, is amended to read as follows: 17 (a) Subject to the provisions of chapter fifty-nine of the laws of two 18 thousand, in order to enhance and encourage the promotion of housing 19 programs and thereby achieve the stated purposes and objectives of such 20 housing programs, the agency shall have the power and is hereby author- 21 ized from time to time to issue negotiable housing program bonds and 22 notes in such principal amount as shall be necessary to provide suffi- 23 cient funds for the repayment of amounts disbursed (and not previously 24 reimbursed) pursuant to law or any prior year making capital appropri- 25 ations or reappropriations for the purposes of the housing program; 26 provided, however, that the agency may issue such bonds and notes in an 27 aggregate principal amount not exceeding [seven billion five hundred 28 forty-five million one hundred seven thousand dollars $7,545,107,000] 29 twelve billion four hundred fifty-one million five hundred eleven thou- 30 sand dollars $12,451,511,000, plus a principal amount of bonds issued to 31 fund the debt service reserve fund in accordance with the debt service 32 reserve fund requirement established by the agency and to fund any other 33 reserves that the agency reasonably deems necessary for the security or 34 marketability of such bonds and to provide for the payment of fees and 35 other charges and expenses, including underwriters' discount, trustee 36 and rating agency fees, bond insurance, credit enhancement and liquidity 37 enhancement related to the issuance of such bonds and notes. No reserve 38 fund securing the housing program bonds shall be entitled or eligible to 39 receive state funds apportioned or appropriated to maintain or restore 40 such reserve fund at or to a particular level, except to the extent of 41 any deficiency resulting directly or indirectly from a failure of the 42 state to appropriate or pay the agreed amount under any of the contracts 43 provided for in subdivision four of this section. 44 § 46. Subdivision 1 of section 50 of section 1 of chapter 174 of the 45 laws of 1968, constituting the New York state urban development corpo- 46 ration act, as amended by section 41 of part JJJ of chapter 59 of the 47 laws of 2021, is amended to read as follows: 48 1. Notwithstanding the provisions of any other law to the contrary, 49 the dormitory authority and the urban development corporation are hereby 50 authorized to issue bonds or notes in one or more series for the purpose 51 of funding project costs undertaken by or on behalf of the state educa- 52 tion department, special act school districts, state-supported schools 53 for the blind and deaf, approved private special education schools, 54 non-public schools, community centers, day care facilities, residential 55 camps, day camps, Native American Indian Nation schools, and other state 56 costs associated with such capital projects. The aggregate principal S. 8005 51 A. 9005 1 amount of bonds authorized to be issued pursuant to this section shall 2 not exceed [two hundred thirty-six million dollars $236,000,000] three 3 hundred one million seven hundred thousand dollars $301,700,000, exclud- 4 ing bonds issued to fund one or more debt service reserve funds, to pay 5 costs of issuance of such bonds, and bonds or notes issued to refund or 6 otherwise repay such bonds or notes previously issued. Such bonds and 7 notes of the dormitory authority and the urban development corporation 8 shall not be a debt of the state, and the state shall not be liable 9 thereon, nor shall they be payable out of any funds other than those 10 appropriated by the state to the dormitory authority and the urban 11 development corporation for principal, interest, and related expenses 12 pursuant to a service contract and such bonds and notes shall contain on 13 the face thereof a statement to such effect. Except for purposes of 14 complying with the internal revenue code, any interest income earned on 15 bond proceeds shall only be used to pay debt service on such bonds. 16 § 47. Subdivision 1 of section 47 of section 1 of chapter 174 of the 17 laws of 1968, constituting the New York state urban development corpo- 18 ration act, as amended by section 42 of part JJJ of chapter 59 of the 19 laws of 2021, is amended to read as follows: 20 1. Notwithstanding the provisions of any other law to the contrary, 21 the dormitory authority and the corporation are hereby authorized to 22 issue bonds or notes in one or more series for the purpose of funding 23 project costs for the office of information technology services, depart- 24 ment of law, and other state costs associated with such capital 25 projects. The aggregate principal amount of bonds authorized to be 26 issued pursuant to this section shall not exceed [nine hundred seventy- 27 four million two hundred fifty-four thousand dollars $974,254,000] one 28 billion one hundred twenty-five million sixty-six thousand dollars 29 $1,125,066,000 excluding bonds issued to fund one or more debt service 30 reserve funds, to pay costs of issuance of such bonds, and bonds or 31 notes issued to refund or otherwise repay such bonds or notes previously 32 issued. Such bonds and notes of the dormitory authority and the corpo- 33 ration shall not be a debt of the state, and the state shall not be 34 liable thereon, nor shall they be payable out of any funds other than 35 those appropriated by the state to the dormitory authority and the 36 corporation for principal, interest, and related expenses pursuant to a 37 service contract and such bonds and notes shall contain on the face 38 thereof a statement to such effect. Except for purposes of complying 39 with the internal revenue code, any interest income earned on bond 40 proceeds shall only be used to pay debt service on such bonds. 41 § 48. Paragraph (b) of subdivision 1 of section 385 of the public 42 authorities law, as amended by section 43 of part JJJ of chapter 59 of 43 the laws of 2021, is amended to read as follows: 44 (b) The authority is hereby authorized, as additional corporate 45 purposes thereof solely upon the request of the director of the budget: 46 (i) to issue special emergency highway and bridge trust fund bonds and 47 notes for a term not to exceed thirty years and to incur obligations 48 secured by the moneys appropriated from the dedicated highway and bridge 49 trust fund established in section eighty-nine-b of the state finance 50 law; (ii) to make available the proceeds in accordance with instructions 51 provided by the director of the budget from the sale of such special 52 emergency highway and bridge trust fund bonds, notes or other obli- 53 gations, net of all costs to the authority in connection therewith, for 54 the purposes of financing all or a portion of the costs of activities 55 for which moneys in the dedicated highway and bridge trust fund estab- 56 lished in section eighty-nine-b of the state finance law are authorized S. 8005 52 A. 9005 1 to be utilized or for the financing of disbursements made by the state 2 for the activities authorized pursuant to section eighty-nine-b of the 3 state finance law; and (iii) to enter into agreements with the commis- 4 sioner of transportation pursuant to section ten-e of the highway law 5 with respect to financing for any activities authorized pursuant to 6 section eighty-nine-b of the state finance law, or agreements with the 7 commissioner of transportation pursuant to sections ten-f and ten-g of 8 the highway law in connection with activities on state highways pursuant 9 to these sections, and (iv) to enter into service contracts, contracts, 10 agreements, deeds and leases with the director of the budget or the 11 commissioner of transportation and project sponsors and others to 12 provide for the financing by the authority of activities authorized 13 pursuant to section eighty-nine-b of the state finance law, and each of 14 the director of the budget and the commissioner of transportation are 15 hereby authorized to enter into service contracts, contracts, agree- 16 ments, deeds and leases with the authority, project sponsors or others 17 to provide for such financing. The authority shall not issue any bonds 18 or notes in an amount in excess of [eighteen billion one hundred fifty 19 million dollars $18,150,000,000] nineteen billion seven hundred seven- 20 ty-six million nine hundred twenty thousand dollars $19,776,920,000, 21 plus a principal amount of bonds or notes: (A) to fund capital reserve 22 funds; (B) to provide capitalized interest; and, (C) to fund other costs 23 of issuance. In computing for the purposes of this subdivision, the 24 aggregate amount of indebtedness evidenced by bonds and notes of the 25 authority issued pursuant to this section, as amended by a chapter of 26 the laws of nineteen hundred ninety-six, there shall be excluded the 27 amount of bonds or notes issued that would constitute interest under the 28 United States Internal Revenue Code of 1986, as amended, and the amount 29 of indebtedness issued to refund or otherwise repay bonds or notes. 30 § 49. Subdivision 1 of section 386-a of the public authorities law, as 31 amended by section 44 of part JJJ of chapter 59 of the laws of 2021, is 32 amended to read as follows: 33 1. Notwithstanding any other provision of law to the contrary, the 34 authority, the dormitory authority and the urban development corporation 35 are hereby authorized to issue bonds or notes in one or more series for 36 the purpose of assisting the metropolitan transportation authority in 37 the financing of transportation facilities as defined in subdivision 38 seventeen of section twelve hundred sixty-one of this chapter or other 39 capital projects. The aggregate principal amount of bonds authorized to 40 be issued pursuant to this section shall not exceed twelve billion five 41 hundred fifteen million eight hundred fifty-six thousand dollars 42 $12,515,856,000, excluding bonds issued to fund one or more debt service 43 reserve funds, to pay costs of issuance of such bonds, and to refund or 44 otherwise repay such bonds or notes previously issued. Such bonds and 45 notes of the authority, the dormitory authority and the urban develop- 46 ment corporation shall not be a debt of the state, and the state shall 47 not be liable thereon, nor shall they be payable out of any funds other 48 than those appropriated by the state to the authority, the dormitory 49 authority and the urban development corporation for principal, interest, 50 and related expenses pursuant to a service contract and such bonds and 51 notes shall contain on the face thereof a statement to such effect. 52 Except for purposes of complying with the internal revenue code, any 53 interest income earned on bond proceeds shall only be used to pay debt 54 service on such bonds. Notwithstanding any other provision of law to the 55 contrary, including the limitations contained in subdivision four of 56 section sixty-seven-b of the state finance law, (A) any bonds and notes S. 8005 53 A. 9005 1 issued prior to April first, two thousand [twenty-two] twenty-three 2 pursuant to this section may be issued with a maximum maturity of fifty 3 years, and (B) any bonds issued to refund such bonds and notes may be 4 issued with a maximum maturity of fifty years from the respective date 5 of original issuance of such bonds and notes. 6 § 50. Subdivision 1 of section 1680-r of the public authorities law, 7 as amended by section 47 of part JJJ of chapter 59 of the laws of 2021, 8 is amended to read as follows: 9 1. Notwithstanding the provisions of any other law to the contrary, 10 the dormitory authority and the urban development corporation are hereby 11 authorized to issue bonds or notes in one or more series for the purpose 12 of funding project costs for the capital restructuring financing program 13 for health care and related facilities licensed pursuant to the public 14 health law or the mental hygiene law and other state costs associated 15 with such capital projects, the health care facility transformation 16 programs, the essential health care provider program, and other health 17 care capital project costs. The aggregate principal amount of bonds 18 authorized to be issued pursuant to this section shall not exceed [three 19 billion fifty-three million dollars $3,053,000,000] four billion six 20 hundred fifty-three million dollars $4,653,000,000, excluding bonds 21 issued to fund one or more debt service reserve funds, to pay costs of 22 issuance of such bonds, and bonds or notes issued to refund or otherwise 23 repay such bonds or notes previously issued. Such bonds and notes of the 24 dormitory authority and the urban development corporation shall not be a 25 debt of the state, and the state shall not be liable thereon, nor shall 26 they be payable out of any funds other than those appropriated by the 27 state to the dormitory authority and the urban development corporation 28 for principal, interest, and related expenses pursuant to a service 29 contract and such bonds and notes shall contain on the face thereof a 30 statement to such effect. Except for purposes of complying with the 31 internal revenue code, any interest income earned on bond proceeds shall 32 only be used to pay debt service on such bonds. 33 § 51. Subdivision 1 of section 1680-k of the public authorities law, 34 as amended by section 62 of part BBB of chapter 59 of the laws of 2018, 35 is amended to read as follows: 36 1. Subject to the provisions of chapter fifty-nine of the laws of two 37 thousand, but notwithstanding any provisions of law to the contrary, the 38 dormitory authority is hereby authorized to issue bonds or notes in one 39 or more series in an aggregate principal amount not to exceed forty 40 million [seven hundred fifteen thousand dollars] eight hundred thirty 41 thousand dollars ($40,830,000) excluding bonds issued to finance one or 42 more debt service reserve funds, to pay costs of issuance of such bonds, 43 and bonds or notes issued to refund or otherwise repay such bonds or 44 notes previously issued, for the purpose of financing the construction 45 of the New York state agriculture and markets food laboratory. Eligible 46 project costs may include, but not be limited to the cost of design, 47 financing, site investigations, site acquisition and preparation, demo- 48 lition, construction, rehabilitation, acquisition of machinery and 49 equipment, and infrastructure improvements. Such bonds and notes of such 50 authorized issuers 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 issuers for debt 53 service and related expenses pursuant to any service contract executed 54 pursuant to subdivision two 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. 8005 54 A. 9005 1 income earned on bond proceeds shall only be used to pay debt service on 2 such bonds. 3 § 52. Paragraph (b) of subdivision 3 and clause (B) of subparagraph 4 (iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap- 5 ter 63 of the laws of 2005 relating to the composition and responsibil- 6 ities of the New York state higher education capital matching grant 7 board, as amended by section 7 of part K of chapter 39 of the laws of 8 2019, are amended to read as follows: 9 (b) Within amounts appropriated therefor, the board is hereby author- 10 ized and directed to award matching capital grants totaling [three 11 hundred million dollars, $300,000,000] three hundred thirty million 12 dollars, $330,000,000. Each college shall be eligible for a grant award 13 amount as determined by the calculations pursuant to subdivision five of 14 this section. In addition, such colleges shall be eligible to compete 15 for additional funds pursuant to paragraph (h) of subdivision four of 16 this section. 17 (B) The dormitory authority shall not issue any bonds or notes in an 18 amount in excess of [three hundred million dollars, $300,000,000] three 19 hundred thirty million dollars, $330,000,000 for the purposes of this 20 section; excluding bonds or notes issued to fund one or more debt 21 service reserve funds, to pay costs of issuance of such bonds, and bonds 22 or notes issued to refund or otherwise repay such bonds or notes previ- 23 ously issued. Except for purposes of complying with the internal revenue 24 code, any interest on bond proceeds shall only be used to pay debt 25 service on such bonds. 26 § 53. Subdivision 1 of section 51 of section 1 of chapter 174 of the 27 laws of 1968, constituting the New York state urban development corpo- 28 ration act, as amended by section 42-c of part XXX of chapter 59 of the 29 laws of 2017, is amended to read as follows: 30 1. Notwithstanding the provisions of any other law to the contrary, 31 the dormitory authority and the urban development corporation are hereby 32 authorized to issue bonds or notes in one or more series for the purpose 33 of funding project costs for the nonprofit infrastructure capital 34 investment program and other state costs associated with such capital 35 projects. The aggregate principal amount of bonds authorized to be 36 issued pursuant to this section shall not exceed [one hundred twenty 37 million dollars] one hundred seventy million dollars $170,000,000, 38 excluding bonds issued to fund one or more debt service reserve funds, 39 to pay costs of issuance of such bonds, and bonds or notes issued to 40 refund or otherwise repay such bonds or notes previously issued. Such 41 bonds and notes of the dormitory authority and the urban development 42 corporation shall not be a debt of the state, and the state shall not be 43 liable thereon, nor shall they be payable out of any funds other than 44 those appropriated by the state to the dormitory authority and the urban 45 development corporation for principal, interest, and related expenses 46 pursuant to a service contract and such bonds and notes shall contain on 47 the face thereof a statement to such effect. Except for purposes of 48 complying with the internal revenue code, any interest income earned on 49 bond proceeds shall only be used to pay debt service on such bonds. 50 § 54. Section 1 of chapter 174 of the laws of 1968, constituting the 51 New York state urban development corporation act, is amended by adding a 52 new section 54-b to read as follows: 53 § 54-b. Personal income tax notes. 1. Findings and declaration of 54 need. (a) The state of New York finds and determines that shortfalls in 55 the state's financial plan arising from adverse economic and fiscal 56 events and risks, disasters and emergencies, including but not limited S. 8005 55 A. 9005 1 to, public health emergencies, may occur or develop, and that the finan- 2 cial impact of such events, risks, disasters and emergencies could be 3 prudently mitigated by certain fiscal management authorization measures 4 being legislatively authorized and established. 5 (b) Notwithstanding any other provision of law to the contrary, 6 including, specifically, the provisions of chapter 59 of the laws of 7 2000 and section sixty-seven-b of the state finance law, the dormitory 8 authority of the state of New York and the corporation are hereby 9 authorized to issue personal income tax revenue anticipation notes with 10 a maturity no later than March 31, 2023, in one or more series in an 11 aggregate principal amount for each fiscal year not to exceed three 12 billion dollars, and to pay costs of issuance of such notes, for the 13 purpose of temporarily financing budgetary needs of the state. Such 14 purpose shall constitute an authorized purpose under subdivision two of 15 section sixty-eight-a of the state finance law for all purposes of arti- 16 cle five-C of the state finance law with respect to the notes authorized 17 by this paragraph. Such notes shall not be renewed, extended or 18 refunded. For so long as any notes authorized by this paragraph shall be 19 outstanding, the restrictions, limitations and requirements contained in 20 article five-B of the state finance law shall not apply. 21 (c) Such notes of the dormitory authority and the corporation shall 22 not be a debt of the state, and the state shall not be liable thereon, 23 nor shall they be payable out of any funds other than those appropriated 24 by the state to the dormitory authority and the corporation for debt 25 service and related expenses pursuant to any financing agreement 26 described in paragraph (d) of this subdivision, and such notes shall 27 contain on the face thereof a statement to such effect. Such notes shall 28 be issued on a subordinate basis and shall be secured by subordinate 29 payments from the revenue bond tax fund established pursuant to section 30 ninety-two-z of the state finance law. Except for purposes of complying 31 with the internal revenue code, any interest income earned on note 32 proceeds shall only be used to pay debt service on such notes. All of 33 the provisions of the state finance law, the dormitory authority act and 34 this act relating to notes and bonds which are not inconsistent with the 35 provisions of this section shall apply to notes authorized by paragraph 36 (b) of this subdivision, including but not limited to the power to 37 establish adequate reserves therefor, subject to the final maturity 38 limitation for such notes set forth in paragraph (b) of this subdivi- 39 sion. The issuance of any notes authorized by paragraph (b) of this 40 subdivision shall further be subject to the approval of the director of 41 the division of the budget. 42 (d) Notwithstanding any other law, rule or regulation to the contrary 43 but subject to the limitations contained in paragraph (b) of this subdi- 44 vision, in order to assist the dormitory authority and the corporation 45 in undertaking the administration and financing of such notes, the 46 director of the budget is hereby authorized to supplement any existing 47 financing agreement with the dormitory authority and/or the corporation, 48 or to enter into a new financing agreement with the dormitory authority 49 and/or the corporation, upon such terms and conditions as the director 50 of the budget and the dormitory authority and the corporation shall 51 agree, so as to provide to the dormitory authority and the corporation, 52 a sum not to exceed the debt service payments and related expenses 53 required for any notes issued pursuant to paragraph (b) of this subdivi- 54 sion. Any financing agreement supplemented or entered into pursuant to 55 this section shall provide that the obligation of the state to pay the 56 amount therein provided shall not constitute a debt of the state within S. 8005 56 A. 9005 1 the meaning of any constitutional or statutory provision and shall be 2 deemed executory only to the extent of monies available and that no 3 liability shall be incurred by the state beyond the monies available for 4 such purposes, subject to annual appropriation by the legislature. Any 5 such financing agreement or any payments made or to be made thereunder 6 may be assigned or pledged by the dormitory authority and the corpo- 7 ration as security for the notes authorized by paragraph (b) of this 8 subdivision. 9 (e) Notwithstanding any other provision of law to the contrary, 10 including specifically the provisions of subdivision 3 of section 67-b 11 of the state finance law, no capital work or purpose shall be required 12 for any issuance of personal income tax revenue anticipation notes 13 issued by the dormitory authority and the corporation pursuant to para- 14 graph (b) of this subdivision. 15 (f) Notwithstanding any other law, rule, or regulation to the contra- 16 ry, the comptroller is hereby authorized and directed to deposit to the 17 credit of the general fund, all proceeds of personal income tax revenue 18 anticipation notes issued by the dormitory authority and the New York 19 state urban development corporation pursuant to paragraph (b) of this 20 subdivision. 21 2. Effect of inconsistent provisions. Insofar as the provisions of 22 this section are inconsistent with the provisions of any other law, 23 general, special, or local, the provisions of this section shall be 24 controlling. 25 3. Severability; construction. The provisions of this section shall be 26 severable, and if the application of any clause, sentence, paragraph, 27 subdivision, section or part of this section to any person or circum- 28 stance shall be adjudged by any court of competent jurisdiction to be 29 invalid, such judgment shall not necessarily affect, impair or invali- 30 date the application of any such clause, sentence, paragraph, subdivi- 31 sion, section, part of this section or remainder thereof, as the case 32 may be, to any other person or circumstance, but shall be confined in 33 its operation to the clause, sentence, paragraph, subdivision, section 34 or part thereof directly involved in the controversy in which such judg- 35 ment shall have been rendered. 36 § 55. Section 1 of chapter 174 of the laws of 1968, constituting the 37 New York state urban development corporation act, is amended by adding a 38 new section 55-b to read as follows: 39 § 55-b. Line of credit facilities. 1. Findings and declaration of 40 need. (a) The state of New York finds and determines that shortfalls in 41 the state's financial plan arising from adverse economic and fiscal 42 events and risks, disasters and emergencies, including but not limited 43 to, public health emergencies, may occur or develop, and that the finan- 44 cial impact of such events, risks, disasters and emergencies could be 45 prudently mitigated by certain fiscal management authorization measures 46 being legislatively authorized and established. 47 (b) Definitions. When used in this subdivision: 48 (i) "Line of credit facility" shall mean one or more revolving credit 49 commitment arrangements between the dormitory authority of the state of 50 New York and/or the urban development corporation with an individual 51 financial institution or a consortium of financial institutions for the 52 purpose of assisting the state to temporarily finance its budgetary 53 needs. 54 (ii) "Related expenses and fees" shall mean interest costs, commitment 55 fees and other costs, expenses and fees incurred in connection with a 56 line of credit facility and/or a service contract or other agreement of S. 8005 57 A. 9005 1 the state securing such line of credit facility that contractually obli- 2 gates the state to pay debt service subject to an appropriation. 3 (c) Notwithstanding any other provision of law to the contrary, 4 including, specifically, the provisions of chapter 59 of the laws of 5 2000 and section 67-b of the state finance law, the dormitory authority 6 of the state of New York and the urban development corporation are 7 authorized until March 31, 2023 to: (i) enter into one or more line of 8 credit facilities not in excess of two billion dollars in aggregate 9 principal amount; (ii) draw, at one or more times at the direction of 10 the director of the budget, upon such line of credit facilities and 11 provide to the state the amounts so drawn for the purpose of assisting 12 the state to temporarily finance its budgetary needs; provided, however, 13 that the total principal amounts of such draws for each fiscal year 14 shall not exceed two billion dollars; and (iii) secure repayment of all 15 draws under such line of credit facilities and the payment of related 16 expenses and fees, which repayment and payment obligations shall not 17 constitute a debt of the state within the meaning of any constitutional 18 or statutory provision and shall be deemed executory only to the extent 19 moneys are available and that no liability shall be incurred by the 20 state beyond the moneys available for such purpose, and that such 21 payment obligation is subject to annual appropriation by the legisla- 22 ture. Any line of credit facility agreements entered into by the dormi- 23 tory authority of the state of New York and/or the urban development 24 corporation with financial institutions pursuant to this section may 25 contain such provisions that the dormitory authority of the state of New 26 York and/or the urban development corporation deem necessary or desira- 27 ble for the establishment of such credit facilities. The maximum term of 28 any line of credit facility shall be one year from the date of incur- 29 rence; provided however that no draw on any such line of credit facility 30 shall occur after March 31, 2023, and provided further that any such 31 line of credit facility whose term extends beyond March 31, 2023 shall 32 be supported by sufficient appropriation authority enacted by the legis- 33 lature that provides for the repayment of all amounts drawn and remain- 34 ing unpaid as of March 31, 2023, as well as the payment of related 35 expenses and fees incurred and to become due and payable by the dormito- 36 ry authority of the state of New York and/or the urban development 37 corporation. 38 (d) Notwithstanding any other law, rule, or regulation to the contra- 39 ry, the comptroller is hereby authorized and directed to deposit to the 40 credit of the general fund, all amounts provided by the dormitory 41 authority of the state of New York and/or the urban development corpo- 42 ration to the state from draws made on any line of credit facility 43 authorized by paragraph (c) of this subdivision. 44 (e) Notwithstanding any other provision of law to the contrary, for so 45 long as any amounts under a line of credit facility authorized by para- 46 graph (c) of this subdivision are due and payable, such amounts shall 47 not constitute nor be treated as state-supported debt for purposes of 48 article 5-B of the state finance law. As applicable, all of the 49 provisions of the state finance law, the dormitory authority act and the 50 New York state urban development corporation act relating to notes and 51 bonds which are not inconsistent with the provisions of this section 52 shall apply to any line of credit facility established in accordance 53 with the authorization contained in paragraph (c) of this subdivision. 54 (f) Each draw on a line of credit facility authorized by paragraph (c) 55 of this subdivision shall only be made if the service contract or other 56 agreement entered into in connection with such line of credit facility S. 8005 58 A. 9005 1 is supported by sufficient appropriation authority enacted by the legis- 2 lature to repay the amount of the draw and to pay the related expenses 3 and fees to become due and payable. Amounts repaid under a line of cred- 4 it facility may be re-borrowed under the same or another line of credit 5 facility authorized by paragraph (c) of this subdivision provided that 6 the legislature has enacted sufficient appropriation authority that 7 provides for the repayment of any such re-borrowed amounts and the 8 payment of the related expenses and fees to become due and payable. 9 Neither the dormitory authority of the state of New York nor the urban 10 development corporation shall have any financial liability for the 11 repayment of draws under any line of credit facility authorized by para- 12 graph (c) of this subdivision and the payment of the related expenses 13 and fees beyond the moneys received for such purpose under any service 14 contract or other agreement authorized by paragraph (g) of this subdivi- 15 sion. 16 (g) The director of the budget is authorized to enter into one or more 17 service contracts or other agreements, none of which shall exceed one 18 year in duration, with the dormitory authority of the state of New York 19 and/or the urban development corporation, upon such terms and conditions 20 as the director of the budget and dormitory authority of the state of 21 New York and/or the urban development corporation shall agree. Any 22 service contract or other agreement entered into pursuant to this para- 23 graph shall provide for state commitments to provide annually to the 24 dormitory authority of the state of New York and/or the urban develop- 25 ment corporation a sum or sums, upon such terms and conditions as shall 26 be deemed appropriate by the director of the budget and the dormitory 27 authority of the state of New York and/or the urban development corpo- 28 ration, to fund the payment of all amounts to become due and payable 29 under any line of credit facility. Any such service contract or other 30 agreement shall provide that the obligation of the director of the budg- 31 et or of the state to fund or to pay the amounts therein provided for 32 shall not constitute a debt of the state within the meaning of any 33 constitutional or statutory provision and shall be deemed executory only 34 to the extent moneys are available and that no liability shall be 35 incurred by the state beyond the moneys available for such purpose, and 36 that such obligation is subject to annual appropriation by the legisla- 37 ture. 38 (h) Any service contract or other agreement entered into pursuant to 39 paragraph (g) of this subdivision or any payments made or to be made 40 thereunder may be assigned and pledged by the dormitory authority of the 41 state of New York and/or the urban development corporation as security 42 for any related payment obligation it may have with one or more finan- 43 cial institutions in connection with a line of credit facility author- 44 ized by paragraph (c) of this subdivision. 45 (i) In addition to the foregoing, the director of the budget, the 46 dormitory authority of the state of New York and the urban development 47 corporation shall each be authorized to enter into such other agreements 48 and to take or cause to be taken such additional actions as are neces- 49 sary or desirable to effectuate the purposes of the transactions contem- 50 plated by a line of credit facility and the related service contract or 51 other agreement, subject to the limitations and restrictions set forth 52 in this subdivision. 53 (j) No later than seven days after a draw occurs on a line of credit 54 facility, the director of the budget shall provide notification of such 55 draw to the president pro tempore of the senate and the speaker of the 56 assembly. S. 8005 59 A. 9005 1 2. Effect of inconsistent provisions. Insofar as the provisions of 2 this section are inconsistent with the provisions of any other law, 3 general, special, or local, the provisions of this act shall be control- 4 ling. 5 3. Severability; construction. The provisions of this section shall be 6 severable, and if the application of any clause, sentence, paragraph, 7 subdivision, section or part of this section to any person or circum- 8 stance shall be adjudged by any court of competent jurisdiction to be 9 invalid, such judgment shall not necessarily affect, impair or invali- 10 date the application of any such clause, sentence, paragraph, subdivi- 11 sion, section, part of this section or remainder thereof, as the case 12 may be, to any other person or circumstance, but shall be confined in 13 its operation to the clause, sentence, paragraph, subdivision, section 14 or part thereof directly involved in the controversy in which such judg- 15 ment shall have been rendered. 16 § 56. Section 1 of chapter 174 of the laws of 1968, constituting the 17 New York state urban development corporation act, is amended by adding a 18 new section 58 to read as follows: 19 § 58. Gateway project. 1. Findings and declaration of need. The state 20 of New York finds and determines that providing funding for the passen- 21 ger rail transportation project commonly known as the gateway project, 22 is needed to preserve and improve the functionality and strengthen the 23 resiliency of long-distance and commuter rail infrastructure between the 24 state of New York and the state of New Jersey. 25 2. Definitions. When used in this section: 26 "Commission" shall mean the gateway development commission, a bi-state 27 commission and a body corporate and politic established by the state of 28 New Jersey and the state of New York, acting in the public interest and 29 exercising essential governmental functions in accordance with the Gate- 30 way development commission act, and any successor thereto. 31 "Federal transportation loan" shall mean one or more loans made to the 32 commission to finance the Hudson tunnel project under or pursuant to any 33 U.S. Department of Transportation program or act, including but not 34 limited to the Railroad Rehabilitation & Improvement Financing Program 35 or the Transportation Infrastructure Finance and Innovation Act, which 36 loan or loans are related to the state capital commitment. 37 "Gateway development commission act" shall mean chapter 108 of the 38 laws of New York, 2019, as amended. 39 "Gateway project" shall mean the passenger rail and related infras- 40 tructure projects undertaken by the commission, including the hudson 41 tunnel project. 42 "Hudson tunnel project" shall mean the project consisting of 43 construction of a tunnel connecting the states of New York and New 44 Jersey and the completion of certain ancillary facilities including 45 construction of concrete casing at Hudson Yards in Manhattan, New York 46 and the rehabilitation of the existing North River Tunnels. 47 "State capital commitment" shall mean an aggregate principal amount 48 not to exceed $2,350,000,000, plus any interest costs, including capi- 49 talized interest, and related expenses and fees payable by the state of 50 New York to the commission under one or more service contracts or other 51 agreements pursuant to this section, as well as any expenses of the 52 state incurred in connection therewith. 53 "Related expenses and fees" shall mean commitment fees and other 54 ancillary costs, expenses and fees incurred, and to become due and paya- 55 ble, by the commission in connection with the Federal transportation 56 loan. S. 8005 60 A. 9005 1 3. Notwithstanding any other provision of law to the contrary, in 2 order to provide for the payment for the state capital commitment, the 3 director of the budget is hereby authorized to enter into one or more 4 service contracts or other agreements with the commission, none of which 5 shall exceed the maximum duration of the Federal transportation loan, 6 upon such terms and conditions as the director of the budget and commis- 7 sion agree, so as to provide to the commission, for each state fiscal 8 year, a sum not to exceed the amount required for the payment of the 9 state capital commitment for such fiscal year. Any such service contract 10 or other agreement shall provide that the obligation of the state to pay 11 the amount therein provided shall not constitute a debt of the state 12 within the meaning of any constitutional or statutory provision and 13 shall be deemed executory only to the extent of monies available, that 14 no liability shall be incurred by the state beyond the monies available 15 for such purpose, and that such obligation is subject to annual appro- 16 priation by the legislature. Any such service contract or other agree- 17 ment and any payments made or to be made thereunder may be assigned and 18 pledged by the commission as security for the repayment by the commis- 19 sion of the Federal transportation loan. 20 4. The director of the budget is also authorized to enter into such 21 other agreements and to take or cause to be taken such additional 22 actions as are necessary or desirable to effectuate the purposes of the 23 transactions contemplated by the state capital commitment provided for 24 herein and the service contract or other agreement authorized by subdi- 25 vision 3 of this section. 26 § 57. Subdivisions 4 and 5 of section 16 of part T of chapter 57 of 27 the laws of 2007, relating to providing for the administration of 28 certain funds and accounts related to the 2007-2008 budget, are 29 REPEALED. 30 § 58. This act shall take effect immediately and shall be deemed to 31 have been in full force and effect on and after April 1, 2022; provided, 32 however, that the provisions of sections one, one-a, two, three, four, 33 five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven- 34 teen, eighteen, nineteen, twenty, twenty-two, and twenty-three of this 35 act shall expire March 31, 2023 when upon such date the provisions of 36 such sections shall be deemed repealed; provided, further, that the 37 amendments to section 89-h of the state finance law made by section 38 twenty-eight of this act shall not affect the repeal of such section and 39 shall be deemed repealed therewith. 40 PART Z 41 Section 1. This act shall be known and may be cited as the "independ- 42 ent ethics commission reform act of 2022". 43 § 2. Section 94 of the executive law is REPEALED and a new section 94 44 is added to read as follows: 45 § 94. Independent commission on ethics and lobbying in government. 1. 46 Commission established. There is hereby established within the depart- 47 ment of state, the "independent commission on ethics and lobbying in 48 government", an independent agency responsible for administering, 49 enforcing, and interpreting New York state's ethics and lobbying laws. 50 The commission shall have and exercise the powers and duties set forth 51 in this section with respect to statewide elected officials, members of 52 the legislature and employees of the legislature, and state officers and 53 employees as defined in section seventy-three of the public officers 54 law, candidates for statewide elected office and for the senate or S. 8005 61 A. 9005 1 assembly, and the political party chairman as is defined in section 2 seventy-three-a of the public officers law, lobbyists and the clients of 3 lobbyists as defined in section one-c of the legislative law, and indi- 4 viduals who have formerly held such positions, were lobbyists or clients 5 of lobbyists as defined in section one-c of the legislative law, or who 6 have formerly been such candidates. This section shall not be deemed to 7 have revoked or rescinded any regulations or advisory opinions in effect 8 on the effective date of this section that were issued by predecessor 9 ethics and lobbying bodies. The commission shall cooperate, consult, and 10 coordinate with the legislative ethics commission, to the extent possi- 11 ble, to administer and enforce the laws under its jurisdiction. 12 2. Definitions. For the purposes of this section, the following terms 13 shall have the following meanings: 14 (a) "commission" means the independent commission on ethics and 15 lobbying in government established pursuant to subdivision one of this 16 section. 17 (b) "selection committee" means the committee of the American Bar 18 Association accredited New York state-law school deans or interim deans 19 tasked with selecting the members of the commission pursuant to subdivi- 20 sion three of this section. 21 (c) "respondent" means the individual or individuals or organization 22 or organizations subject to an inquiry, investigation, or enforcement 23 action. 24 3. Selection committee. (a) The selection committee shall select five 25 commission members. 26 (b) The selection committee shall publish a procedure by which it will 27 solicit and receive applications from members of the public, review 28 qualifications, and select commission membership and reappointment in 29 accordance with this section. The chair of the selection committee 30 shall rotate annually among the deans in alphabetical order by the names 31 of their respective law schools. Appropriate staffing and other 32 resources shall be provided for in the commission's budget for the 33 selection committee to carry out its powers, functions, and duties. 34 (c) The majority of the selection committee shall constitute a quorum 35 to hold a meeting. 36 (d) Notwithstanding the provisions of article seven of the public 37 officers law, no meeting or proceeding of the selection committee shall 38 be open to the public, except the applicable records pertaining to the 39 selection process for a member's seat shall be subject to disclosure 40 pursuant to article six of the public officers law only after an indi- 41 vidual member is appointed to the commission. Requests for such records 42 shall be made to, and processed by, the commission's records access 43 officer. 44 (e) In the selection of the commission members, the selection commit- 45 tee shall take all appropriate steps to recruit and prioritize the 46 selection of members who will bring diversity of lived experience, 47 diversity of geographic location, and professional expertise and skill- 48 sets, such as, but not limited to, ethics, familiarity with the lobbying 49 industry, public administration, compliance, or education, to reflect 50 the mission of the commission. 51 (f) No individual shall be eligible for appointment as a member of the 52 commission who is currently, or has within the last two years: 53 (i) been registered as a lobbyist in New York state; 54 (ii) been a member of the New York state legislature, a statewide 55 elected official, or a commissioner of an executive agency appointed 56 by the governor; S. 8005 62 A. 9005 1 (iii) been a political party chairman, as defined in section seven- 2 ty-three of the public officers law; or 3 (iv) been a state officer or employee or legislative employee as 4 defined in section seventy-three of the public officers law. 5 4. Commission. (a) The first class of members of the commission shall 6 serve staggered terms to ensure continuity. For the first class of the 7 commission, two members shall serve a term of four years, two members 8 shall serve a term of two years, and one member shall serve a term of 9 one year. All subsequent members shall serve a term of four years. No 10 member shall be selected to the commission for more than two full 11 consecutive terms, except, that a member who has held the position by 12 filling a vacancy, can be selected to the commission for an additional 13 two full consecutive terms. 14 (b) The commission by majority vote shall elect a chairperson from 15 among its members for a term of two years. A chairperson may be elected 16 to more than one term for such office. 17 (c) Members of the commission may be removed by majority vote of the 18 commission solely for substantial neglect of duty, misconduct in office, 19 violation of the confidentiality restrictions set forth in this 20 section, inability to discharge the powers or duties of office or 21 violation of this section, after written notice and opportunity for a 22 reply. 23 (d) Any vacancy occurring on the commission shall be filled within 24 thirty days of its occurrence in the same manner as a member is initial- 25 ly selected to complete the vacant term. 26 (e) During the period of a member's service as a member of the commis- 27 sion, the member shall refrain from making, or soliciting from other 28 persons, any contributions to candidates for election to the offices of 29 governor, lieutenant governor, member of the assembly or the senate, 30 attorney general or state comptroller. 31 (f) Members of the commission shall receive a per diem allowance equal 32 to the salary of a justice of the supreme court divided by two hundred 33 twenty for each day or each pro-rated day actually spent in the perform- 34 ance of the member's duties under this section, and, in addition there- 35 to, shall be reimbursed for all reasonable expenses actually and neces- 36 sarily incurred by the member in the performance of the member's duties 37 under this section. For the purposes of this subdivision, a day shall 38 consist of at least seven and one-half hours spent in the performance of 39 the member's duties under this section. 40 (g) A meeting may be called by the chairperson or three members of the 41 commission. The commission shall be subject to articles six and seven 42 of the public officers law. 43 (h) Three members of the commission shall constitute a quorum, and the 44 commission shall have the power to act by majority vote of the total 45 number of members of the commission without vacancy. 46 (i) The commission shall meet at least once per month for at least ten 47 months in a calendar year. The commission shall hold a public hearing 48 at least once each calendar year to take testimony regarding the 49 operation of the commission and solicit public input regarding potential 50 or proposed changes in the laws under its jurisdiction. 51 5. Powers. (a) The commission has the authority to: (i) adopt, amend, 52 and rescind any rules and regulations pertaining to section seventy- 53 three, seventy-three-a or seventy-four of the public officers law, 54 article one-A of the legislative law, or section one hundred seven of 55 the civil service law; (ii) adopt, amend, and rescind any procedures of 56 the commission, including but not limited to, procedures for advice and S. 8005 63 A. 9005 1 guidance, training, filing, review, and enforcement of financial disclo- 2 sure statements, investigations, enforcement, and due process hearings; 3 and (iii) develop and promulgate any programs for reviews, training, and 4 guidance to carry out the commission's mission. 5 (b) The commission has the authority to compel the testimony of 6 witnesses, and may administer oaths or affirmations, subpoena witnesses, 7 compel their attendance and require the production of any books or 8 records which it may deem relevant or material. 9 6. Executive director and commission staff. The commission shall: 10 (a) (i) Appoint an executive director who shall act in accordance with 11 the policies of the commission. The executive director shall be 12 appointed without regard to political affiliation and solely on the 13 basis of fitness to perform the duties assigned by this section, and 14 shall be a qualified, independent professional. No individual shall be 15 eligible to be appointed as an executive director if the individual is 16 currently, or within the last two years has been: 17 (1) registered as a lobbyist in New York state; 18 (2) a member of the New York state legislature or a statewide elected 19 official or a commissioner of an executive agency appointed by the 20 governor; or 21 (3) a political party chairman, as defined in section seventy-three of 22 the public officers law. 23 (ii) Notwithstanding the provisions of this subdivision, the executive 24 director may be a current or former New York state government employee. 25 The executive director shall, prior to the individual's appointment, 26 have had at least ten years of experience in the management of auditing, 27 investigation, and enforcement of governmental operations, or management 28 of complex compliance programs relating to ethics and lobbying. 29 (iii) The appointment and removal of the executive director shall be 30 made solely by a majority vote of the commission. 31 (iv) The term of office of the executive director shall be four years 32 from the date of appointment. The salary of the executive director shall 33 be determined by the members of the commission based on experience. 34 (v) The commission may remove the executive director for neglect of 35 duty, misconduct in office, violation of the confidentiality 36 restrictions in this section, or inability or failure to discharge the 37 powers or duties of office, including the failure to follow the lawful 38 instructions of the commission. 39 (b) Delegate authority to the executive director to act in the name of 40 the commission between meetings of the commission provided such deleg- 41 ation is in writing, the specific powers to be delegated are enumerated, 42 and the commission shall not delegate any decisions specified in this 43 section that require a vote of the commission. 44 (c) Establish units within the commission to carry out it duties, 45 including, but not limited to, (i) an advice and guidance unit, (ii) a 46 training unit, (iii) a financial disclosure unit, (iv) a lobbying unit, 47 and (v) an investigations and enforcement unit. 48 (d) Appoint such other staff as are necessary to carry out its duties 49 under this section, including, but not limited to, a deputy director of 50 an advice and guidance unit to provide timely confidential advice to 51 persons subject to the commission's jurisdiction, a deputy director for 52 training, a deputy director for investigations and enforcement, and a 53 deputy director for lobbying. 54 (e) Review and approve a staffing plan provided and prepared by the 55 executive director which shall contain, at a minimum, a list of the 56 various units and divisions as well as the number of positions in each S. 8005 64 A. 9005 1 unit, titles and their duties, and salaries, as well as the various 2 qualifications for each position including, but not limited to, educa- 3 tion and prior experience for each position. 4 7. Advice and guidance. (a) The commission shall establish a unit or 5 units solely for ethics and lobbying guidance, and give such prompt, 6 informal advice to persons whose conduct it oversees. 7 (b) Persons receiving such informal advice may rely on that advice 8 absent misrepresentation or omission of material facts to the commission 9 and such communications with the commission shall be treated as confi- 10 dential, except as disclosure is needed to prevent or rectify a 11 crime or fraud, or prevent a substantial threat to public health or 12 safety or if required by court order. 13 (c) The commission may also render, on written request or on its own 14 initiative, advisory opinions, and may allow for public comment before 15 issuance of an advisory opinion. Such an opinion rendered by the 16 commission shall be relied on by those subject to the commission's 17 jurisdiction and until, or unless, amended, superseded, or revoked. 18 Such opinion may also be relied upon by any such person, and may be 19 introduced and shall be a defense, in any criminal or civil action. 20 8. Training. (a) The commission shall establish a training unit and 21 shall develop and administer an on-going program for the education and 22 training in ethics and lobbying for those subject to the provisions of 23 this section, as follows: 24 (i) The commission shall develop and administer a comprehensive live 25 or live-online ethics training course and shall designate and train 26 instructors to conduct such training. Such live course shall be designed 27 to include practical application of the material covered and a ques- 28 tion-and-answer participatory segment. Unless the commission grants an 29 extension or waiver for good cause shown, statewide elected officials, 30 members of the legislature and employees of the legislature, and state 31 officers and employees as defined in sections seventy-three and seven- 32 ty-three-a of the public officers law, and the political party chairman 33 as is defined in section seventy-three-a of the public officers law, 34 shall complete the live course within ninety days of appointment or 35 employment and shall complete the live course every two years subse- 36 quently. 37 (ii) The commission shall develop and administer an online ethics 38 refresher course for all individuals listed under subparagraph (i) of 39 this paragraph who have previously completed the live course. Such 40 refresher course shall be designed to include any changes in law, regu- 41 lation, or policy or in the interpretation thereof, and practical appli- 42 cation of the material covered. Unless the commission grants an exten- 43 sion or waiver for good cause shown, such individuals shall take such 44 refresher course once every year after having completed the live course 45 under subparagraph (i) of this paragraph. 46 (iii) The commission shall develop and administer an online live ques- 47 tion and answer course for agency ethics officers. 48 (iv) The commission shall develop and administer training courses for 49 lobbyists and clients of lobbyists. 50 (v) The provisions of this subdivision shall be applicable to the 51 legislature except to the extent that an ethics training program is 52 otherwise established by the assembly and/or senate for their respective 53 members and employees and such program meets or exceeds each of the 54 requirements set forth in this subdivision. 55 (vi) On an annual basis, the commission, in coordination with the 56 legislative ethics commission, shall determine the status of compliance S. 8005 65 A. 9005 1 with the training requirements under this subdivision by each state 2 agency and by the senate and the assembly. Such determination shall 3 include aggregate statistics regarding participation in such training 4 and shall be reported on a quarterly basis to the governor and the 5 legislature in writing. 6 9. Financial disclosure statements. (a) The commission may delegate 7 all or part of review, inquiry and advice in this section to the staff 8 under the supervision of the executive director. 9 (b) The commission shall make available forms for annual statements of 10 financial disclosure required to be filed pursuant to section seven- 11 ty-three-a of the public officers law; and the commission shall update 12 the financial disclosure form to include the term "domestic partner" on 13 the form. 14 (c) The commission shall review the financial disclosure statements of 15 the statewide elected officials and members of the legislature within 16 sixty days of their filings to determine, among other things, deficien- 17 cies and conflicts. 18 (d) The commission shall review financial disclosure statements filed 19 in accordance with the provisions of this section and (i) inquire 20 into any disclosed conflict to recommend how best to address such 21 conflict; and 22 (ii) ascertain whether any person subject to the reporting require- 23 ments of section seventy-three-a of the public officers law has failed 24 to file such a statement, has filed a deficient statement or has filed a 25 statement which reveals a possible violation of section seventy-three, 26 seventy-three-a or seventy-four of the public officers law. 27 (e) If a person required to file a financial disclosure statement with 28 the commission has failed to file a disclosure statement or has filed a 29 deficient statement, the commission shall notify the reporting person in 30 writing, state the failure to file or detail the deficiency, provide the 31 person with a fifteen-day period to cure the deficiency, and advise the 32 person of the penalties for failure to comply with the reporting 33 requirements. This first notice of deficiency shall be confidential. If 34 the person fails to make such filing or fails to cure the deficiency 35 within the specified time period, the commission shall send a notice of 36 delinquency (i) to the reporting person; (ii) in the case of a statewide 37 elected official, to the chief of staff or counsel to the statewide 38 elected official; (iii) in the case of a member of the legislature or a 39 legislative employee, to the temporary president of the senate and the 40 speaker of the assembly; and (iv) in the case of a state officer, 41 employee or board member, to the appointing authority for such person. 42 Such notice of delinquency may be sent at any time during the reporting 43 person's service as a statewide elected official, state officer or 44 employee, member of the assembly or the senate, or a legislative employ- 45 ee or a political party chair or while a candidate for statewide office, 46 or within one year after termination of such service or candidacy. A 47 copy of any notice of delinquency or report shall be included in the 48 reporting person's file and be available for public inspection and 49 copying pursuant to the provisions of this section. The jurisdiction of 50 the commission, when acting pursuant to this subdivision with respect to 51 financial disclosure, shall continue notwithstanding that the reporting 52 person separates from state service, or ceases to hold public or poli- 53 tical party office, or ceases to be a candidate, provided the commission 54 notifies such person of the alleged failure to file or deficient filing 55 pursuant to this subdivision. S. 8005 66 A. 9005 1 (f) The commission shall adopt a procedure whereby a person who is 2 required to file an annual financial disclosure statement with the 3 commission may request an additional period of time within which to 4 file such statement, other than members of the legislature, candidates 5 for members of the legislature and legislative employees, due to justi- 6 fiable cause or undue hardship. 7 (g) The commission may permit any person who is required to file a 8 financial disclosure statement with the commission to request that the 9 commission delete from the copy thereof made available for public 10 inspection and copying one or more items of information which may be 11 deleted by the commission upon a finding by the commission that the 12 information which would otherwise be required to be made available 13 for public inspection and copying will have no material bearing on the 14 discharge of the reporting person's official duties. If such request 15 for deletion is denied, the commission, in its notification of denial, 16 shall inform the person of their right to appeal the commission's 17 determination in a proceeding commenced against the commission, pursuant 18 to article seventy-eight of the civil practice law and rules. 19 (h) The commission may permit any person who is required to file a 20 financial disclosure statement with the commission to request an 21 exemption from any requirement to report one or more items of infor- 22 mation which pertain to such person's spouse, domestic partner, or 23 unemancipated children which item or items may be exempted by the 24 commission upon a finding by the commission that the reporting individ- 25 ual's spouse, domestic partner, on their own behalf, or on behalf of an 26 unemancipated child, objects to providing the information necessary to 27 make such disclosure and that the information which would otherwise 28 be required to be reported shall have no material bearing on the 29 discharge of the reporting person's official duties. If such 30 request for exemption is denied, the commission, in its notification of 31 denial, shall inform the person of their right to appeal the commis- 32 sion's determination, pursuant to article seventy-eight of the civil 33 practice law and rules. 34 (i) The commission may permit any person required to file a financial 35 disclosure statement to request an exemption from any requirement to 36 report the identity of a client pursuant to the question under subpara- 37 graph (b) of paragraph eight of subdivision three of section seventy- 38 three-a of the public officers law in such statement based upon an 39 exemption set forth in such question. The reporting individual need not 40 seek an exemption to refrain from disclosing the identity of any 41 client with respect to any matter where they or their firm provided 42 legal representation to the client in connection with an investi- 43 gation or prosecution by law enforcement authorities, bankruptcy, or 44 domestic relations matters. In addition, clients or customers 45 receiving medical or dental services, mental health services, residen- 46 tial real estate brokering services, or insurance brokering 47 services need not be disclosed. Pending any application for deletion or 48 exemption to the commission relating to the filing of a financial 49 disclosure statement, all information which is the subject or part of 50 the application shall remain confidential. Upon an adverse determination 51 by the commission, the reporting individual may request, and upon 52 such request the commission shall provide, that any information that is 53 the subject or part of the application remain confidential for a peri- 54 od of thirty days following notice of such determination. In the event 55 that the reporting individual resigns their office and holds no S. 8005 67 A. 9005 1 other office subject to the jurisdiction of the commission, the informa- 2 tion shall not be made public and shall be expunged in its entirety. 3 (j) The commission shall permit any person who has not been determined 4 by the person's appointing authority to hold a policy-making posi- 5 tion, but who is otherwise required to file a financial disclo- 6 sure statement to request an exemption from such requirement in 7 accordance with rules and regulations governing such exemptions. Such 8 rules and regulations shall provide for exemptions to be granted either 9 on the application of an individual or on behalf of persons who share 10 the same job title or employment classification which the commission 11 deems to be comparable for purposes of this section. Such rules 12 and regulations may permit the granting of an exemption where, in the 13 discretion of the commission, the public interest does not require 14 disclosure and the applicant's duties do not involve the negotiation, 15 authorization or approval of: 16 (i) contracts, leases, franchises, revocable consents, concessions, 17 variances, special permits, or licenses as such terms are defined in 18 section seventy-three of the public officers law; 19 (ii) the purchase, sale, rental or lease of real property, goods or 20 services, or a contract therefor; 21 (iii) the obtaining of grants of money or loans; or 22 (iv) the adoption or repeal of any rule or regulation having the force 23 and effect of law. 24 10. Investigation and enforcement. (a) The commission shall receive 25 complaints and referrals alleging violations of section seventy-three, 26 seventy-three-a or seventy-four of the public officers law, article 27 one-A of the legislative law, or section one hundred seven of the civil 28 service law. 29 (b) The commission shall conduct any investigation necessary to carry 30 out the provisions of this section. Pursuant to this power and duty, the 31 commission may administer oaths or affirmations, subpoena witnesses, 32 compel their attendance and testimony, and require the production of any 33 books or records which it may deem relevant or material. 34 (c) The commission staff shall review and investigate, as appropriate, 35 any information in the nature of a complaint or referral received by the 36 commission or initiated by the commission, including through its review 37 of media reports and other information, where there is specific and 38 credible evidence that a violation of section seventy-three, seventy- 39 three-a, or seventy-four of the public officers law, section one hundred 40 seven of the civil service law or article one-A of the legislative law 41 by a person or entity subject to the jurisdiction of the commission 42 including members of the legislature and legislative employees and 43 candidates for members of the legislature. 44 (d) Upon the conclusion of an investigation, if the commission deter- 45 mines there is credible evidence of a violation of the laws under its 46 jurisdiction, it shall provide the respondent timely notice for a due 47 process hearing. The commission shall also inform the respondent of its 48 rules regarding the conduct of adjudicatory proceedings and appeals and 49 the other due process procedural mechanisms available to the respondent. 50 (e) The hearing shall be conducted before an independent arbitrator. 51 Such hearing shall afford the respondent with a reasonable opportunity 52 to appear in person, and by attorney, give sworn testimony, present 53 evidence, and cross-examine witnesses. 54 (f) The commission may, at any time, develop procedures and rules for 55 resolution of de minimus or minor violations that can be resolved S. 8005 68 A. 9005 1 outside of the enforcement process, including the sending of a confiden- 2 tial guidance or educational letter. 3 (g) The jurisdiction of the commission when acting pursuant to this 4 section shall continue notwithstanding that a statewide elected official 5 or a state officer or employee or member of the legislature or legisla- 6 tive employee separates from state service, or a political party chair 7 ceases to hold such office, or a candidate ceases to be a candidate, or 8 a lobbyist or client of a lobbyist ceases to act as such, provided that 9 the commission notifies such individual or entity of the alleged 10 violation of law within two years from the individual's separation from 11 state service or termination of party service or candidacy, or from the 12 last report filed pursuant to article one-A of the legislative law. 13 Nothing in this section shall serve to limit the jurisdiction of the 14 commission in enforcement of subdivision eight of section seventy-three 15 of the public officers law. 16 (i) An individual subject to the jurisdiction of the commission who 17 knowingly and intentionally violates the provisions of subdivisions two 18 through five-a, seven, eight, twelve or fourteen through seventeen of 19 section seventy-three of the public officers law, section one hundred 20 seven of the civil service law, or a reporting individual who knowingly 21 and willfully fails to file an annual statement of financial disclosure 22 or who knowingly and willfully with intent to deceive makes a false 23 statement or fraudulent omission or gives information which such indi- 24 vidual knows to be false on such statement of financial disclosure filed 25 pursuant to section seventy-three-a of the public officers law, shall be 26 subject to a civil penalty in an amount not to exceed forty thousand 27 dollars and the value of any gift, compensation or benefit received as a 28 result of such violation. 29 (ii) An individual who knowingly and intentionally violates the 30 provisions of paragraph a, b, c, d, e, g, or i of subdivision three of 31 section seventy-four of the public officers law, shall be subject to a 32 civil penalty in an amount not to exceed ten thousand dollars and the 33 value of any gift, compensation or benefit received as a result of such 34 violation. 35 (iii) An individual subject to the jurisdiction of the commission who 36 knowingly and willfully violates article one-A of the legislative law 37 shall be subject to civil penalty as provided for in that article. 38 (iv) With respect to a potential violation of any criminal law where 39 the commission finds sufficient cause by a majority vote, it shall refer 40 such matter to the appropriate law enforcement authority for further 41 investigation. 42 (v) In assessing the amount of the civil penalties to be imposed, the 43 commission shall consider the seriousness of the violation, the amount 44 of gain to the individual and whether the individual previously had any 45 civil or criminal penalties imposed pursuant to this section, and any 46 other factors the commission deems appropriate. 47 (vi) A civil penalty for false filing shall not be imposed under this 48 subdivision in the event a category of "value" or "amount" reported 49 hereunder is incorrect unless such reported information is falsely 50 understated. 51 (vii) Notwithstanding any other provision of law to the contrary, no 52 other penalty, civil or criminal may be imposed for a failure to file, 53 or for a false filing, of such statement, or a violation of subdivision 54 six of section seventy-three of the public officers law, except that the 55 commission may recommend that the individual in violation of such subdi- 56 vision or section be disciplined. S. 8005 69 A. 9005 1 (viii) The commission shall be deemed to be an agency within the mean- 2 ing of article three of the state administrative procedure act and shall 3 adopt rules governing the conduct of adjudicatory proceedings and 4 appeals taken pursuant to a proceeding commenced under article seventy- 5 eight of the civil practice law and rules relating to the assessment of 6 the civil penalties or the recommendation of employee discipline herein 7 authorized. Such rule shall provide for due process procedural mech- 8 anisms substantially similar to those set forth in article three of the 9 state administrative procedure act but such mechanisms need not be iden- 10 tical in terms or scope. 11 (h) (i) The commission shall have jurisdiction to investigate, but 12 shall have no jurisdiction to impose penalties or discipline upon 13 members of or candidates for member of the legislature or legislative 14 employees for any violation of the public officers law. If, after inves- 15 tigation and a due process hearing, the commission has found, by a 16 majority vote, a substantial basis to conclude that a member of the 17 legislature or a legislative employee or candidate for member of the 18 legislature has violated any provisions of such laws, it shall prepare a 19 written report of its findings and provide a copy of that report to the 20 legislative ethics commission, and to such individual in violation of 21 such law. The commission shall provide to the legislative ethics 22 commission copies of the full investigative file and hearing record. 23 (ii) With respect to the investigation of any individual who is not a 24 member of the legislature or a legislative employee or candidate for 25 member of the legislature, if after its investigation and due process 26 hearing, the commission has found a substantial basis to conclude that 27 the individual has violated the public officers law or the legislative 28 law, the commission shall determine whether, in addition to or in lieu 29 of any fine authorized by this article, the respondent should be 30 referred to their employer for discipline with a warning, admonition, 31 censure, suspension or termination or other appropriate discipline. With 32 regard to statewide elected officials, the commission may not order 33 suspension or termination but may recommend impeachment. The commission 34 shall then issue a report containing its determinations including its 35 findings of fact and conclusions of law to the respondent. The commis- 36 sion shall publish such report on its website within twenty days of its 37 delivery to the respondent. 38 11. Confidentiality. (a) When an individual becomes a commissioner or 39 staff of the commission, such individual shall be required to sign a 40 non-disclosure statement. 41 (b) Except as otherwise required or provided by law, testimony 42 received, or any other information obtained by a commissioner or staff 43 of the commission, shall not be disclosed by any such individual to any 44 person or entity outside of the commission during the pendency of any 45 matter. Any confidential communication to any person or entity outside 46 the commission related to the matters before the commission shall occur 47 only as authorized by the commission. For the purposes of this para- 48 graph, "matter" shall mean any complaint, review, inquiry, or investi- 49 gation into alleged violations of this chapter. 50 (c) The commission shall establish procedures necessary to prevent the 51 unauthorized disclosure of any information received by any member of the 52 commission or staff of the commission. Any breaches of confidentiality 53 may be investigated by the New York state office of the inspector gener- 54 al, attorney general, or other appropriate law enforcement authority 55 upon a majority vote of the commission to refer, and appropriate action 56 shall be taken. S. 8005 70 A. 9005 1 (d) Any commission member or person employed by the commission who 2 intentionally and without authorization releases confidential informa- 3 tion received or generated by the commission shall be guilty of a class 4 A misdemeanor. 5 12. Annual report. (a) The commission shall make an annual public 6 report prioritizing transparency and summarizing the activities of the 7 commission during the previous year and recommending any changes in the 8 laws governing the conduct of persons subject to the jurisdiction of the 9 commission, or the rules, regulations and procedures governing the 10 commission's conduct. Such report shall include, but is not limited to: 11 (i) information on the number and type of complaints received by the 12 commission and the status of such complaints; 13 (ii) information relating to the investigation or investigations 14 opened by the commission, including the current status of each such 15 investigation; 16 (iii) where a matter has been resolved, the date and nature of the 17 disposition and any sanction imposed; provided, however, that such annu- 18 al report shall not contain any information for which disclosure is not 19 permitted pursuant to this section or other laws; 20 (iv) information regarding financial disclosure compliance for the 21 preceding year; and 22 (v) information regarding lobbying law filing compliance for the 23 preceding year. 24 (b) Such a report shall be filed in the office of the governor and 25 with the legislature on or before the first day of February for the 26 preceding year. 27 13. Website. (a) Within one hundred twenty days of the effective date 28 of this section, the commission shall create and thereafter maintain a 29 publicly accessible website which shall set forth the procedure for 30 filing a complaint with the commission, the filing of financial disclo- 31 sure statements filed by state officers or employees or legislative 32 employees, the filing of statements required by article one-A of the 33 legislative law, and any other records or information which the commis- 34 sion determines to be appropriate. 35 (b) The commission shall post on its website the following documents: 36 (i) the information set forth in an annual statement of financial 37 disclosure filed pursuant to section seventy-three-a of the public offi- 38 cers law except information deleted pursuant to paragraph (g) of subdi- 39 vision nine of this section; 40 (ii) notices of delinquency sent under subdivision nine of this 41 section; 42 (iii) notices of civil assessments imposed under this section which 43 shall include a description of the nature of the alleged wrongdoing, the 44 procedural history of the complaint, the findings and determinations 45 made by the commission, and any sanction imposed; 46 (iv) the terms of any settlement or compromise of a complaint or 47 referral which includes a fine, penalty or other remedy; 48 (v) those required to be held or maintained publicly available pursu- 49 ant to article one-A of the legislative law; and 50 (vi) reports issued by the commission pursuant to this section. 51 14. Additional powers. In addition to any other powers and duties 52 specified by law, the commission shall have the power and duty to admin- 53 ister and enforce all the provisions of this section. 54 15. Severability. If any part or provision of this section or the 55 application thereof to any person or organization is adjudged by a court 56 of competent jurisdiction to be unconstitutional or otherwise invalid, S. 8005 71 A. 9005 1 such judgment shall not affect or impair any other part or provision or 2 the application thereof to any other person or organization, but shall 3 be confined in its operation to such part or provision. 4 § 3. Subdivision (f) of section 1-c of the legislative law, as amended 5 by chapter 14 of the laws of 2007, is amended to read as follows: 6 (f) The term "commission" shall mean the independent commission on 7 [public integrity] ethics and lobbying in government created by section 8 ninety-four of the executive law. 9 § 4. Subdivisions 7, 9, 10, 12 and 13 of section 80 of the legislative 10 law, as amended by section 9 of part A of chapter 399 of the laws of 11 2011, are amended to read as follows: 12 7. The commission shall: 13 a. Appoint an executive director who shall act in accordance with the 14 policies of the commission, provided that the commission may remove the 15 executive director for neglect of duty, misconduct in office, or inabil- 16 ity or failure to discharge the powers or duties of office; 17 b. Appoint such other staff as are necessary to assist it to carry out 18 its duties under this section; 19 c. Adopt, amend, and rescind policies, rules and regulations consist- 20 ent with this section to govern procedures of the commission which shall 21 not be subject to the promulgation and hearing requirements of the state 22 administrative procedure act; 23 d. Administer the provisions of this section; 24 e. Specify the procedures whereby a person who is required to file an 25 annual financial disclosure statement with the commission may request an 26 additional period of time within which to file such statement, due to 27 justifiable cause or undue hardship; such rules or regulations shall 28 provide for a date beyond which in all cases of justifiable cause or 29 undue hardship no further extension of time will be granted; 30 f. Promulgate guidelines to assist appointing authorities in determin- 31 ing which persons hold policy-making positions for purposes of section 32 seventy-three-a of the public officers law and may promulgate guidelines 33 to assist firms, associations and corporations in separating affected 34 persons from net revenues for purposes of subdivision ten of section 35 seventy-three of the public officers law, and promulgate guidelines to 36 assist any firm, association or corporation in which any present or 37 former statewide elected official, state officer or employee, member of 38 the legislature or legislative employee, or political party chairman is 39 a member, associate, retired member, of counsel or shareholder, in 40 complying with the provisions of subdivision ten of section seventy- 41 three of the public officers law with respect to the separation of such 42 present or former statewide elected official, state officer or employee, 43 member of the legislature or legislative employee, or political party 44 chairman from the net revenues of the firm, association or corporation. 45 Such firm, association or corporation shall not be required to adopt the 46 procedures contained in the guidelines to establish compliance with 47 subdivision ten of section seventy-three of the public officers law, but 48 if such firm, association or corporation does adopt such procedures, it 49 shall be deemed to be in compliance with such subdivision ten; 50 g. Make available forms for financial disclosure statements required 51 to be filed pursuant to subdivision six of section seventy-three and 52 section seventy-three-a of the public officers law as provided by the 53 [joint] independent commission on [public] ethics and lobbying in 54 government; 55 h. Review financial disclosure statements in accordance with the 56 provisions of this section, provided however, that the commission may S. 8005 72 A. 9005 1 delegate all or part of the review function relating to financial 2 disclosure statements filed by legislative employees pursuant to 3 sections seventy-three and seventy-three-a of the public officers law to 4 the executive director who shall be responsible for completing staff 5 review of such statements in a manner consistent with the terms of the 6 commission's delegation; 7 i. Upon written request from any person who is subject to the juris- 8 diction of the commission and the requirements of sections seventy- 9 three, seventy-three-a and seventy-four of the public officers law, 10 render formal advisory opinions on the requirements of said provisions. 11 A formal written opinion rendered by the commission, until and unless 12 amended or revoked, shall be binding on the legislative ethics commis- 13 sion in any subsequent proceeding concerning the person who requested 14 the opinion and who acted in good faith, unless material facts were 15 omitted or misstated by the person in the request for an opinion. Such 16 opinion may also be relied upon by such person, and may be introduced 17 and shall be a defense in any criminal or civil action. The [joint] 18 independent commission on [public] ethics and lobbying in government 19 shall not investigate an individual for potential violations of law 20 based upon conduct approved and covered in its entirety by such an opin- 21 ion, except that such opinion shall not prevent or preclude an investi- 22 gation of and report to the legislative ethics commission concerning the 23 conduct of the person who obtained it by the [joint] independent commis- 24 sion on [public] ethics and lobbying in government for violations of 25 section seventy-three, seventy-three-a or seventy-four of the public 26 officers law to determine whether the person accurately and fully 27 represented to the legislative ethics commission the facts relevant to 28 the formal advisory opinion and whether the person's conduct conformed 29 to those factual representations. The [joint] independent commission on 30 ethics and lobbying in government shall be authorized and shall have 31 jurisdiction to investigate potential violations of the law arising from 32 conduct outside of the scope of the terms of the advisory opinion; and 33 j. Issue and publish generic advisory opinions covering questions 34 frequently posed to the commission, or questions common to a class or 35 defined category of persons, or that will tend to prevent undue repe- 36 tition of requests or undue complication, and which are intended to 37 provide general guidance and information to persons subject to the 38 commission's jurisdiction; 39 k. Develop educational materials and training with regard to legisla- 40 tive ethics for members of the legislature and legislative employees 41 including an online ethics orientation course for newly-hired employees 42 and, as requested by the senate or the assembly, materials and training 43 in relation to a comprehensive ethics training program; and 44 l. Prepare an annual report to the governor and legislature summariz- 45 ing the activities of the commission during the previous year and recom- 46 mending any changes in the laws governing the conduct of persons subject 47 to the jurisdiction of the commission, or the rules, regulations and 48 procedures governing the commission's conduct. Such report shall 49 include: (i) a listing by assigned number of each complaint and report 50 received from the [joint] independent commission on [public] ethics and 51 lobbying in government which alleged a possible violation within its 52 jurisdiction, including the current status of each complaint, and (ii) 53 where a matter has been resolved, the date and nature of the disposition 54 and any sanction imposed, subject to the confidentiality requirements of 55 this section. Such annual report shall not contain any information for S. 8005 73 A. 9005 1 which disclosure is not permitted pursuant to subdivision twelve of this 2 section. 3 9. (a) An individual subject to the jurisdiction of the commission 4 with respect to the imposition of penalties who knowingly and inten- 5 tionally violates the provisions of subdivisions two through five-a, 6 seven, eight, twelve, fourteen or fifteen of section seventy-three of 7 the public officers law or a reporting individual who knowingly and 8 wilfully fails to file an annual statement of financial disclosure or 9 who knowingly and wilfully with intent to deceive makes a false state- 10 ment or gives information which such individual knows to be false on 11 such statement of financial disclosure filed pursuant to section seven- 12 ty-three-a of the public officers law shall be subject to a civil penal- 13 ty in an amount not to exceed forty thousand dollars and the value of 14 any gift, compensation or benefit received as a result of such 15 violation. Any such individual who knowingly and intentionally violates 16 the provisions of paragraph a, b, c, d, e, g, or i of subdivision three 17 of section seventy-four of the public officers law shall be subject to a 18 civil penalty in an amount not to exceed ten thousand dollars and the 19 value of any gift, compensation or benefit received as a result of such 20 violation. Assessment of a civil penalty hereunder shall be made by the 21 commission with respect to persons subject to its jurisdiction. In 22 assessing the amount of the civil penalties to be imposed, the commis- 23 sion shall consider the seriousness of the violation, the amount of gain 24 to the individual and whether the individual previously had any civil or 25 criminal penalties imposed pursuant to this section, and any other 26 factors the commission deems appropriate. For a violation of this 27 section, other than for conduct which constitutes a violation of subdi- 28 vision twelve, fourteen or fifteen of section seventy-three or section 29 seventy-four of the public officers law, the legislative ethics commis- 30 sion may, in lieu of or in addition to a civil penalty, refer a 31 violation to the appropriate prosecutor and upon such conviction, but 32 only after such referral, such violation shall be punishable as a class 33 A misdemeanor. Where the commission finds sufficient cause, it shall 34 refer such matter to the appropriate prosecutor. A civil penalty for 35 false filing may not be imposed hereunder in the event a category of 36 "value" or "amount" reported hereunder is incorrect unless such reported 37 information is falsely understated. Notwithstanding any other provision 38 of law to the contrary, no other penalty, civil or criminal may be 39 imposed for a failure to file, or for a false filing, of such statement, 40 or a violation of subdivision six of section seventy-three of the public 41 officers law, except that the appointing authority may impose discipli- 42 nary action as otherwise provided by law. The legislative ethics commis- 43 sion shall be deemed to be an agency within the meaning of article three 44 of the state administrative procedure act and shall adopt rules govern- 45 ing the conduct of adjudicatory proceedings and appeals taken pursuant 46 to a proceeding commenced under article seventy-eight of the civil prac- 47 tice law and rules relating to the assessment of the civil penalties 48 herein authorized. Such rules, which shall not be subject to the promul- 49 gation and hearing requirements of the state administrative procedure 50 act, shall provide for due process procedural mechanisms substantially 51 similar to those set forth in such article three but such mechanisms 52 need not be identical in terms or scope. Assessment of a civil penalty 53 shall be final unless modified, suspended or vacated within thirty days 54 of imposition, with respect to the assessment of such penalty, or unless 55 such denial of request is reversed within such time period, and upon 56 becoming final shall be subject to review at the instance of the S. 8005 74 A. 9005 1 affected reporting individuals in a proceeding commenced against the 2 legislative ethics commission, pursuant to article seventy-eight of the 3 civil practice law and rules. 4 (b) Not later than forty-five calendar days after receipt from the 5 [joint] independent commission on [public] ethics and lobbying in 6 government of a written substantial basis investigation report and any 7 supporting documentation or other materials regarding a matter before 8 the commission pursuant to [subdivision fourteen-a of] section ninety- 9 four of the executive law, unless requested by a law enforcement agency 10 to suspend the commission's action because of an ongoing criminal inves- 11 tigation, the legislative ethics commission shall make public such 12 report in its entirety; provided, however, that the commission may with- 13 hold such information for not more than one additional period of the 14 same duration or refer the matter back to the [joint] independent 15 commission on [public] ethics and lobbying in government once for addi- 16 tional investigation, in which case the legislative ethics commission 17 shall, upon the termination of such additional period or upon receipt of 18 a new report by the [joint] independent commission on [public] ethics 19 and lobbying in government after such additional investigation, make 20 public the written report and publish it on the commission's website. If 21 the legislative ethics commission fails to make public the written 22 report received from the [joint] independent commission on ethics and 23 lobbying in government in accordance with this paragraph, the [joint] 24 independent commission on ethics and lobbying in government shall 25 release such report publicly promptly and in any event no later than ten 26 days after the legislative ethics commission is required to release such 27 report. The legislative ethics commission shall not refer the matter 28 back to the [joint] independent commission on [public] ethics and lobby- 29 ing in government for additional investigation more than once. If the 30 commission refers the matter back to the [joint] independent commission 31 on ethics and lobbying in government for additional fact-finding, the 32 [joint commission's] independent commission on ethics and lobbying in 33 government's original report shall remain confidential. 34 10. Upon receipt of a written report from the [joint] independent 35 commission on [public] ethics and lobbying in government pursuant to 36 subdivision fourteen-a of section seventy-three of the public officers 37 law, the legislative ethics commission shall commence its review of the 38 matter addressed in such report. No later than ninety days after receipt 39 of such report, the legislative ethics commission shall dispose of the 40 matter by making one or more of the following determinations: 41 a. whether the legislative ethics commission concurs with the [joint 42 commission's] independent commission on ethics and lobbying in govern- 43 ment's conclusions of law and the reasons therefor; 44 b. whether and which penalties have been assessed pursuant to applica- 45 ble law or rule and the reasons therefor; and 46 c. whether further actions have been taken by the commission to punish 47 or deter the misconduct at issue and the reasons therefor. 48 The commission's disposition shall be reported in writing and 49 published on its website no later than ten days after such disposition 50 unless requested by a law enforcement agency to suspend the commission's 51 action because of an ongoing criminal investigation. 52 12. a. Notwithstanding the provisions of article six of the public 53 officers law, the only records of the commission which shall be avail- 54 able for public inspection and copying are: 55 (1) the terms of any settlement or compromise of a complaint or refer- 56 ral or report which includes a fine, penalty or other remedy reached S. 8005 75 A. 9005 1 after the commission has received a report from the [joint] independent 2 commission on [public] ethics and lobbying in government pursuant to 3 [subdivision fourteen-a of] section ninety-four of the executive law; 4 (2) generic advisory opinions; 5 (3) all reports required by this section; and 6 (4) all reports received from the [joint] independent commission on 7 [public] ethics and lobbying in government pursuant to [subdivision 8 fourteen-a of] section ninety-four of the executive law and in conform- 9 ance with paragraph (b) of subdivision [nine-b] nine of this section. 10 b. Notwithstanding the provisions of article seven of the public offi- 11 cers law, no meeting or proceeding of the commission shall be open to 12 the public, except if expressly provided otherwise by this section or 13 the commission. 14 13. Within one hundred twenty days of the effective date of this 15 subdivision, the commission shall create and thereafter maintain a 16 publicly accessible website which shall set forth the procedure for 17 filing a complaint with the [joint] independent commission on [public] 18 ethics and lobbying in government, and which shall contain any other 19 records or information which the commission determines to be appropri- 20 ate. 21 § 5. Paragraphs (c), (d) and (d-1) of subdivision 1 of section73-a of 22 the public officers law, paragraphs (c) and (d) as amended and paragraph 23 (d-1) as added by section 5 of part A of chapter 399 of the laws of 24 2011, are amended to read as follows: 25 (c) The term "state officer or employee" shall mean: 26 (i) heads of state departments and their deputies and assistants; 27 (ii) officers and employees of statewide elected officials, officers 28 and employees of state departments, boards, bureaus, divisions, commis- 29 sions, councils or other state agencies, who receive annual compensation 30 in excess of the filing rate established by paragraph (l) of this subdi- 31 vision or who hold policy-making positions, as annually determined by 32 the appointing authority and set forth in a written instrument which 33 shall be filed with the [joint] independent commission on [public] 34 ethics and lobbying in government established by section ninety-four of 35 the executive law during the month of February, provided, however, that 36 the appointing authority shall amend such written instrument after such 37 date within thirty days after the undertaking of policy-making responsi- 38 bilities by a new employee or any other employee whose name did not 39 appear on the most recent written instrument; and 40 (iii) members or directors of public authorities, other than multi- 41 state authorities, public benefit corporations and commissions at least 42 one of whose members is appointed by the governor, and employees of such 43 authorities, corporations and commissions who receive annual compen- 44 sation in excess of the filing rate established by paragraph (l) of this 45 subdivision or who hold policy-making positions, as determined annually 46 by the appointing authority and set forth in a written instrument which 47 shall be filed with the [joint] independent commission on [public] 48 ethics and lobbying in government established by section ninety-four of 49 the executive law during the month of February, provided, however, that 50 the appointing authority shall amend such written instrument after such 51 date within thirty days after the undertaking of policy-making responsi- 52 bilities by a new employee or any other employee whose name did not 53 appear on the most recent written instrument. 54 (d) The term "legislative employee" shall mean any officer or employee 55 of the legislature who receives annual compensation in excess of the 56 filing rate established by paragraph (l) below or who is determined to S. 8005 76 A. 9005 1 hold a policy-making position by the appointing authority as set forth 2 in a written instrument which shall be filed with the legislative ethics 3 commission and the [joint] independent commission on [public] ethics and 4 lobbying in government. 5 (d-1) A financial disclosure statement required pursuant to section 6 seventy-three of this article and this section shall be deemed "filed" 7 with the [joint] independent commission on [public] ethics and lobbying 8 in government upon its filing, in accordance with this section, with the 9 legislative ethics commission for all purposes including, but not limit- 10 ed to, [subdivision fourteen of] section ninety-four of the executive 11 law, subdivision nine of section eighty of the legislative law and 12 subdivision four of this section. 13 § 6. Subdivision 2 of section 73-a of the public officers law, as 14 amended by section 5 of part A of chapter 399 of the laws of 2011, is 15 amended to read as follows: 16 2. (a) Every statewide elected official, state officer or employee, 17 member of the legislature, legislative employee and political party 18 chairman and every candidate for statewide elected office or for member 19 of the legislature shall file an annual statement of financial disclo- 20 sure containing the information and in the form set forth in subdivision 21 three of this section. On or before the fifteenth day of May with 22 respect to the preceding calendar year: (1) every member of the legisla- 23 ture, every candidate for member of the legislature and legislative 24 employee shall file such statement with the legislative ethics commis- 25 sion which shall provide such statement along with any requests for 26 exemptions or deletions to the [joint] independent commission on 27 [public] ethics and lobbying in government for filing and rulings with 28 respect to such requests for exemptions or deletions, on or before the 29 thirtieth day of June; and (2) all other individuals required to file 30 such statement shall file it with the [joint] independent commission on 31 [public] ethics and lobbying in government, except that: 32 (i) a person who is subject to the reporting requirements of this 33 subdivision and who timely filed with the internal revenue service an 34 application for automatic extension of time in which to file his or her 35 individual income tax return for the immediately preceding calendar or 36 fiscal year shall be required to file such financial disclosure state- 37 ment on or before May fifteenth but may, without being subjected to any 38 civil penalty on account of a deficient statement, indicate with respect 39 to any item of the disclosure statement that information with respect 40 thereto is lacking but will be supplied in a supplementary statement of 41 financial disclosure, which shall be filed on or before the seventh day 42 after the expiration of the period of such automatic extension of time 43 within which to file such individual income tax return, provided that 44 failure to file or to timely file such supplementary statement of finan- 45 cial disclosure or the filing of an incomplete or deficient supplementa- 46 ry statement of financial disclosure shall be subject to the notice and 47 penalty provisions of this section respecting annual statements of 48 financial disclosure as if such supplementary statement were an annual 49 statement; 50 (ii) a person who is required to file an annual financial disclosure 51 statement with the [joint] independent commission on [public] ethics and 52 lobbying in government, and who is granted an additional period of time 53 within which to file such statement due to justifiable cause or undue 54 hardship, in accordance with required rules and regulations [on the 55 subject] adopted pursuant to [paragraph c of subdivision nine of] 56 section ninety-four of the executive law shall file such statement with- S. 8005 77 A. 9005 1 in the additional period of time granted; and the legislative ethics 2 commission shall notify the [joint] independent commission on [public] 3 ethics and lobbying in government of any extension granted pursuant to 4 this paragraph; 5 (iii) candidates for statewide office who receive a party designation 6 for nomination by a state committee pursuant to section 6-104 of the 7 election law shall file such statement within ten days after the date of 8 the meeting at which they are so designated; 9 (iv) candidates for statewide office who receive twenty-five percent 10 or more of the vote cast at the meeting of the state committee held 11 pursuant to section 6-104 of the election law and who demand to have 12 their names placed on the primary ballot and who do not withdraw within 13 fourteen days after such meeting shall file such statement within ten 14 days after the last day to withdraw their names in accordance with the 15 provisions of such section of the election law; 16 (v) candidates for statewide office and candidates for member of the 17 legislature who file party designating petitions for nomination at a 18 primary election shall file such statement within ten days after the 19 last day allowed by law for the filing of party designating petitions 20 naming them as candidates for the next succeeding primary election; 21 (vi) candidates for independent nomination who have not been desig- 22 nated by a party to receive a nomination shall file such statement with- 23 in ten days after the last day allowed by law for the filing of inde- 24 pendent nominating petitions naming them as candidates in the next 25 succeeding general or special election; 26 (vii) candidates who receive the nomination of a party for a special 27 election shall file such statement within ten days after the date of the 28 meeting of the party committee at which they are nominated; 29 (viii) a candidate substituted for another candidate, who fills a 30 vacancy in a party designation or in an independent nomination, caused 31 by declination, shall file such statement within ten days after the last 32 day allowed by law to file a certificate to fill a vacancy in such party 33 designation or independent nomination; 34 (ix) with respect to all candidates for member of the legislature, the 35 legislative ethics commission shall within five days of receipt provide 36 the [joint] independent commission on [public] ethics and lobbying in 37 government the statement filed pursuant to subparagraphs (v), (vi), 38 (vii) and (viii) of this paragraph. 39 (b) As used in this subdivision, the terms "party", "committee" (when 40 used in conjunction with the term "party"), "designation", "primary", 41 "primary election", "nomination", "independent nomination" and "ballot" 42 shall have the same meanings as those contained in section 1-104 of the 43 election law. 44 (c) If the reporting individual is a senator or member of assembly, 45 candidate for the senate or member of assembly or a legislative employ- 46 ee, such statement shall be filed with both the legislative ethics 47 commission established by section eighty of the legislative law and the 48 [joint] independent commission on [public] ethics and lobbying in 49 government in accordance with paragraph (d-1) of subdivision one of this 50 section. If the reporting individual is a statewide elected official, 51 candidate for statewide elected office, a state officer or employee or a 52 political party chairman, such statement shall be filed with the [joint] 53 independent commission on [public] ethics and lobbying in government 54 established by section ninety-four of the executive law. 55 (d) The [joint] independent commission on [public] ethics and lobbying 56 in government shall obtain from the state board of elections a list of S. 8005 78 A. 9005 1 all candidates for statewide office and for member of the legislature, 2 and from such list, shall determine and publish a list of those candi- 3 dates who have not, within ten days after the required date for filing 4 such statement, filed the statement required by this subdivision. 5 (e) Any person required to file such statement who commences employ- 6 ment after May fifteenth of any year and political party chairman shall 7 file such statement within thirty days after commencing employment or of 8 taking the position of political party chairman, as the case may be. In 9 the case of members of the legislature and legislative employees, such 10 statements shall be filed with the legislative ethics commission within 11 thirty days after commencing employment, and the legislative ethics 12 commission shall provide such statements to the [joint] independent 13 commission on [public] ethics and lobbying in government within forty- 14 five days of receipt. 15 (f) A person who may otherwise be required to file more than one annu- 16 al financial disclosure statement with both the [joint] independent 17 commission on [public] ethics and lobbying in government and the legis- 18 lative ethics commission in any one calendar year may satisfy such 19 requirement by filing one such statement with either body and by notify- 20 ing the other body of such compliance. 21 (g) A person who is employed in more than one employment capacity for 22 one or more employers certain of whose officers and employees are 23 subject to filing a financial disclosure statement with the same ethics 24 commission, as the case may be, and who receives distinctly separate 25 payments of compensation for such employment shall be subject to the 26 filing requirements of this section if the aggregate annual compensation 27 for all such employment capacities is in excess of the filing rate 28 notwithstanding that such person would not otherwise be required to file 29 with respect to any one particular employment capacity. A person not 30 otherwise required to file a financial disclosure statement hereunder 31 who is employed by an employer certain of whose officers or employees 32 are subject to filing a financial disclosure statement with the [joint] 33 independent commission on [public] ethics and lobbying in government and 34 who is also employed by an employer certain of whose officers or employ- 35 ees are subject to filing a financial disclosure statement with the 36 legislative ethics commission shall not be subject to filing such state- 37 ment with either such commission on the basis that his aggregate annual 38 compensation from all such employers is in excess of the filing rate. 39 (h) A statewide elected official or member of the legislature, who is 40 simultaneously a candidate for statewide elected office or member of the 41 legislature, shall satisfy the filing deadline requirements of this 42 subdivision by complying only with the deadline applicable to one who 43 holds a statewide elected office or who holds the office of member of 44 the legislature. 45 (i) A candidate whose name will appear on both a party designating 46 petition and on an independent nominating petition for the same office 47 or who will be listed on the election ballot for the same office more 48 than once shall satisfy the filing deadline requirements of this subdi- 49 vision by complying with the earliest applicable deadline only. 50 (j) A member of the legislature who is elected to such office at a 51 special election prior to May fifteenth in any year shall satisfy the 52 filing requirements of this subdivision in such year by complying with 53 the earliest applicable deadline only. 54 (k) The [joint] independent commission on [public] ethics and lobbying 55 in government shall post for at least five years beginning for filings 56 made on January first, two thousand thirteen the annual statement of S. 8005 79 A. 9005 1 financial disclosure and any amendments filed by each person subject to 2 the reporting requirements of this subdivision who is an elected offi- 3 cial on its website for public review within thirty days of its receipt 4 of such statement or within ten days of its receipt of such amendment 5 that reflects any corrections of deficiencies identified by the commis- 6 sion or by the reporting individual after the reporting individual's 7 initial filing. Except upon an individual determination by the commis- 8 sion that certain information may be deleted from a reporting individ- 9 ual's annual statement of financial disclosure, none of the information 10 in the statement posted on the commission's website shall be otherwise 11 deleted. 12 § 7. Subparagraphs (b), (b-2) and (c) of paragraph 8 of subdivision 3 13 of section 73-a of the public officers law, as amended by section 6 of 14 part K of chapter 286 of the laws of 2016, are amended to read as 15 follows: 16 (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE 17 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER 18 THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING 19 CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON 20 OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER 21 THIRTY-FIRST, TWO THOUSAND FIFTEEN: 22 If the reporting individual personally provides services to any person 23 or entity, or works as a member or employee of a partnership or corpo- 24 ration that provides such services (referred to hereinafter as a 25 "firm"), then identify each client or customer to whom the reporting 26 individual personally provided services, or who was referred to the firm 27 by the reporting individual, and from whom the reporting individual or 28 his or her firm earned fees in excess of $10,000 during the reporting 29 period for such services rendered in direct connection with: 30 (i) A contract in an amount totaling $50,000 or more from the state or 31 any state agency for services, materials, or property; 32 (ii) A grant of $25,000 or more from the state or any state agency 33 during the reporting period; 34 (iii) A grant obtained through a legislative initiative during the 35 reporting period; or 36 (iv) A case, proceeding, application or other matter that is not a 37 ministerial matter before a state agency during the reporting period. 38 For purposes of this question, "referred to the firm" shall mean: 39 having intentionally and knowingly taken a specific act or series of 40 acts to intentionally procure for the reporting individual's firm or 41 knowingly solicit or direct to the reporting individual's firm in whole 42 or substantial part, a person or entity that becomes a client of that 43 firm for the purposes of representation for a matter as defined in 44 subparagraphs (i) through (iv) of this paragraph, as the result of such 45 procurement, solicitation or direction of the reporting individual. A 46 reporting individual need not disclose activities performed while 47 lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi- 48 sion seven of section seventy-three of this article. 49 The disclosure requirement in this question shall not require disclo- 50 sure of clients or customers receiving medical or dental services, 51 mental health services, residential real estate brokering services, or 52 insurance brokering services from the reporting individual or his or her 53 firm. The reporting individual need not identify any client to whom he 54 or she or his or her firm provided legal representation with respect to 55 investigation or prosecution by law enforcement authorities, bankruptcy, 56 or domestic relations matters. With respect to clients represented in S. 8005 80 A. 9005 1 other matters, where disclosure of a client's identity is likely to 2 cause harm, the reporting individual shall request an exemption from the 3 [joint] independent commission on ethics and lobbying in government 4 pursuant to [paragraph (i-1) of subdivision nine of] section ninety-four 5 of the executive law, provided, however, that a reporting individual who 6 first enters public office after July first, two thousand twelve, need 7 not report clients or customers with respect to matters for which the 8 reporting individual or his or her firm was retained prior to entering 9 public office. 10 Client Nature of Services Provided 11 ________________________________________________________________________ 12 ________________________________________________________________________ 13 ________________________________________________________________________ 14 ________________________________________________________________________ 15 ________________________________________________________________________ 16 (b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES 17 ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR 18 FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE 19 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU- 20 SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN 21 CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES): 22 (i) With respect to reporting individuals who receive ten thousand 23 dollars or more from employment or activity reportable under question 24 8(a), for each client or customer NOT otherwise disclosed or exempted in 25 question 8 or 13, disclose the name of each client or customer known to 26 the reporting individual to whom the reporting individual provided 27 services: (A) who paid the reporting individual in excess of five thou- 28 sand dollars for such services; or (B) who had been billed with the 29 knowledge of the reporting individual in excess of five thousand dollars 30 by the firm or other entity named in question 8(a) for the reporting 31 individual's services. 32 Client Services Category of Amount 33 Actually Provided (in Table I) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 34 FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF 35 DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED": 36 * REVIEWED DOCUMENTS AND CORRESPONDENCE; 37 * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING; 38 * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME); 39 * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS 40 OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME); 41 * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY 42 NAME); 43 * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR 44 REPRESENTATION OR CONSULTATION; 45 * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME); 46 * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING 47 RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME); 48 * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT). S. 8005 81 A. 9005 1 (ii) With respect to reporting individuals who disclosed in question 2 8(a) that the reporting individual did not provide services to a client 3 but provided services to a firm or business, identify the category of 4 amount received for providing such services and describe the services 5 rendered. 6 Services Actually Provided Category of Amount (Table I) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 7 A reporting individual need not disclose activities performed while 8 lawfully acting in his or her capacity as provided in paragraphs (c), 9 (d), (e) and (f) of subdivision seven of section seventy-three of this 10 article. 11 The disclosure requirement in questions (b-1) and (b-2) shall not 12 require disclosing clients or customers receiving medical, pharmaceu- 13 tical or dental services, mental health services, or residential real 14 estate brokering services from the reporting individual or his or her 15 firm or if federal law prohibits or limits disclosure. The reporting 16 individual need not identify any client to whom he or she or his or her 17 firm provided legal representation with respect to investigation or 18 prosecution by law enforcement authorities, bankruptcy, family court, 19 estate planning, or domestic relations matters, nor shall the reporting 20 individual identify individuals represented pursuant to an insurance 21 policy but the reporting individual shall in such circumstances only 22 report the entity that provides compensation to the reporting individ- 23 ual; with respect to matters in which the client's name is required by 24 law to be kept confidential (such as matters governed by the family 25 court act) or in matters in which the reporting individual represents or 26 provides services to minors, the client's name may be replaced with 27 initials. To the extent that the reporting individual, or his or her 28 firm, provided legal representation with respect to an initial public 29 offering, and professional disciplinary rules, federal law or regu- 30 lations restrict the disclosure of information relating to such work, 31 the reporting individual shall (i) disclose the identity of the client 32 and the services provided relating to the initial public offering to the 33 office of court administration, who will maintain such information 34 confidentially in a locked box; and (ii) include in his or her response 35 to questions (b-1) and (b-2) that pursuant to this paragraph, a disclo- 36 sure to the office of court administration has been made. Upon such time 37 that the disclosure of information maintained in the locked box is no 38 longer restricted by professional disciplinary rules, federal law or 39 regulation, the reporting individual shall disclose such information in 40 an amended disclosure statement in response to the disclosure require- 41 ments in questions (b-1) and (b-2). The office of court administration 42 shall develop and maintain a secure portal through which information 43 submitted to it pursuant to this paragraph can be safely and confiden- 44 tially stored. With respect to clients represented in other matters not 45 otherwise exempt, the reporting individual may request an exemption to 46 publicly disclosing the name of that client from the [joint] independent 47 commission on ethics and lobbying in government pursuant to [paragraph 48 (i-1) of subdivision nine of] section ninety-four of the executive law, 49 or from the office of court administration. In such application, the 50 reporting individual shall state the following: "My client is not 51 currently receiving my services or seeking my services in connection 52 with: S. 8005 82 A. 9005 1 (i) A proposed bill or resolution in the senate or assembly during the 2 reporting period; 3 (ii) A contract in an amount totaling $10,000 or more from the state 4 or any state agency for services, materials, or property; 5 (iii) A grant of $10,000 or more from the state or any state agency 6 during the reporting period; 7 (iv) A grant obtained through a legislative initiative during the 8 reporting period; or 9 (v) A case, proceeding, application or other matter that is not a 10 ministerial matter before a state agency during the reporting period." 11 In reviewing the request for an exemption, the [joint] independent 12 commission on ethics and lobbying in government or the office of court 13 administration may consult with bar or other professional associations 14 and the legislative ethics commission for individuals subject to its 15 jurisdiction and may consider the rules of professional conduct. In 16 making its determination, the [joint] independent commission on ethics 17 and lobbying in government or the office of court administration shall 18 conduct its own inquiry and shall consider factors including, but not 19 limited to: (i) the nature and the size of the client; (ii) whether the 20 client has any business before the state; and if so, how significant the 21 business is; and whether the client has any particularized interest in 22 pending legislation and if so how significant the interest is; (iii) 23 whether disclosure may reveal trade secrets; (iv) whether disclosure 24 could reasonably result in retaliation against the client; (v) whether 25 disclosure may cause undue harm to the client; (vi) whether disclosure 26 may result in undue harm to the attorney-client relationship; and (vii) 27 whether disclosure may result in an unnecessary invasion of privacy to 28 the client. 29 The [joint] independent commission on ethics and lobbying in govern- 30 ment or, as the case may be, the office of court administration shall 31 promptly make a final determination in response to such request, which 32 shall include an explanation for its determination. The office of court 33 administration shall issue its final determination within three days of 34 receiving the request. Notwithstanding any other provision of law or any 35 professional disciplinary rule to the contrary, the disclosure of the 36 identity of any client or customer in response to this question shall 37 not constitute professional misconduct or a ground for disciplinary 38 action of any kind, or form the basis for any civil or criminal cause of 39 action or proceeding. A reporting individual who first enters public 40 office after January first, two thousand sixteen, need not report 41 clients or customers with respect to matters for which the reporting 42 individual or his or her firm was retained prior to entering public 43 office. 44 (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE 45 PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR 46 NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE 47 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU- 48 SAND FIFTEEN: 49 If the reporting individual receives income of ten thousand dollars or 50 greater from any employment or activity reportable under question 8(a), 51 identify each registered lobbyist who has directly referred to such 52 individual a client who was successfully referred to the reporting indi- 53 vidual's business and from whom the reporting individual or firm 54 received a fee for services in excess of five thousand dollars. Report 55 only those referrals that were made to a reporting individual by direct 56 communication from a person known to such reporting individual to be a S. 8005 83 A. 9005 1 registered lobbyist at the time the referral is made. With respect to 2 each such referral, the reporting individual shall identify the client, 3 the registered lobbyist who has made the referral, the category of value 4 of the compensation received and a general description of the type of 5 matter so referred. A reporting individual need not disclose activities 6 performed while lawfully acting pursuant to paragraphs (c), (d), (e) and 7 (f) of subdivision seven of section seventy-three of this article. The 8 disclosure requirements in this question shall not require disclosing 9 clients or customers receiving medical, pharmaceutical or dental 10 services, mental health services, or residential real estate brokering 11 services from the reporting individual or his or her firm or if federal 12 law prohibits or limits disclosure. The reporting individual need not 13 identify any client to whom he or she or his or her firm provided legal 14 representation with respect to investigation or prosecution by law 15 enforcement authorities, bankruptcy, family court, estate planning, or 16 domestic relations matters, nor shall the reporting individual identify 17 individuals represented pursuant to an insurance policy but the report- 18 ing individual shall in such circumstances only report the entity that 19 provides compensation to the reporting individual; with respect to 20 matters in which the client's name is required by law to be kept confi- 21 dential (such as matters governed by the family court act) or in matters 22 in which the reporting individual represents or provides services to 23 minors, the client's name may be replaced with initials. To the extent 24 that the reporting individual, or his or her firm, provided legal repre- 25 sentation with respect to an initial public offering, and federal law or 26 regulations restricts the disclosure of information relating to such 27 work, the reporting individual shall (i) disclose the identity of the 28 client and the services provided relating to the initial public offering 29 to the office of court administration, who will maintain such informa- 30 tion confidentially in a locked box; and (ii) include in his or her 31 response a statement that pursuant to this paragraph, a disclosure to 32 the office of court administration has been made. Upon such time that 33 the disclosure of information maintained in the locked box is no longer 34 restricted by federal law or regulation, the reporting individual shall 35 disclose such information in an amended disclosure statement in response 36 to the disclosure requirements of this paragraph. The office of court 37 administration shall develop and maintain a secure portal through which 38 information submitted to it pursuant to this paragraph can be safely and 39 confidentially stored. With respect to clients represented in other 40 matters not otherwise exempt, the reporting individual may request an 41 exemption to publicly disclosing the name of that client from the 42 [joint] independent commission on ethics and lobbying in government 43 pursuant to [paragraph (i-1) of subdivision nine of] section ninety-four 44 of the executive law, or from the office of court administration. In 45 such application, the reporting individual shall state the following: 46 "My client is not currently receiving my services or seeking my services 47 in connection with: 48 (i) A proposed bill or resolution in the senate or assembly during the 49 reporting period; 50 (ii) A contract in an amount totaling $10,000 or more from the state 51 or any state agency for services, materials, or property; 52 (iii) A grant of $10,000 or more from the state or any state agency 53 during the reporting period; 54 (iv) A grant obtained through a legislative initiative during the 55 reporting period; or S. 8005 84 A. 9005 1 (v) A case, proceeding, application or other matter that is not a 2 ministerial matter before a state agency during the reporting period." 3 In reviewing the request for an exemption, the [joint] independent 4 commission on ethics and lobbying in government or the office of court 5 administration may consult with bar or other professional associations 6 and the legislative ethics commission for individuals subject to its 7 jurisdiction and may consider the rules of professional conduct. In 8 making its determination, the [joint] independent commission on ethics 9 and lobbying in government or the office of court administration shall 10 conduct its own inquiry and shall consider factors including, but not 11 limited to: (i) the nature and the size of the client; (ii) whether the 12 client has any business before the state; and if so, how significant the 13 business is; and whether the client has any particularized interest in 14 pending legislation and if so how significant the interest is; (iii) 15 whether disclosure may reveal trade secrets; (iv) whether disclosure 16 could reasonably result in retaliation against the client; (v) whether 17 disclosure may cause undue harm to the client; (vi) whether disclosure 18 may result in undue harm to the attorney-client relationship; and (vii) 19 whether disclosure may result in an unnecessary invasion of privacy to 20 the client. 21 The [joint] independent commission on ethics and lobbying in govern- 22 ment or, as the case may be, the office of court administration shall 23 promptly make a final determination in response to such request, which 24 shall include an explanation for its determination. The office of court 25 administration shall issue its final determination within three days of 26 receiving the request. Notwithstanding any other provision of law or any 27 professional disciplinary rule to the contrary, the disclosure of the 28 identity of any client or customer in response to this question shall 29 not constitute professional misconduct or a ground for disciplinary 30 action of any kind, or form the basis for any civil or criminal cause of 31 action or proceeding. A reporting individual who first enters public 32 office after December thirty-first, two thousand fifteen, need not 33 report clients or customers with respect to matters for which the 34 reporting individual or his or her firm was retained prior to entering 35 public office. 36 Client Name of Lobbyist Description Category of Amount 37 of Matter (in Table 1) 38 ________________________________________________________________________ 39 ________________________________________________________________________ 40 ________________________________________________________________________ 41 ________________________________________________________________________ 42 ________________________________________________________________________ 43 § 8. Subdivisions 4 and 7 of section 73-a of the public officers law, 44 subdivision 4 as amended by section 5 of part A of chapter 399 of the 45 laws of 2011 and subdivision 7 as added by section 3 of part CC of chap- 46 ter 56 of the laws of 2015, are amended to read as follows: 47 4. A reporting individual who knowingly and wilfully fails to file an 48 annual statement of financial disclosure or who knowingly and wilfully 49 with intent to deceive makes a false statement or gives information 50 which such individual knows to be false on such statement of financial 51 disclosure filed pursuant to this section shall be subject to a civil 52 penalty in an amount not to exceed forty thousand dollars. Assessment of 53 a civil penalty hereunder shall be made by the [joint] independent 54 commission on [public] ethics and lobbying in government or by the 55 legislative ethics commission, as the case may be, with respect to S. 8005 85 A. 9005 1 persons subject to their respective jurisdictions. The [joint] inde- 2 pendent commission on [public] ethics and lobbying in government acting 3 pursuant to subdivision fourteen of section ninety-four of the executive 4 law or the legislative ethics commission acting pursuant to subdivision 5 eleven of section eighty of the legislative law, as the case may be, 6 may, in lieu of or in addition to a civil penalty, refer a violation to 7 the appropriate prosecutor and upon such conviction, but only after such 8 referral, such violation shall be punishable as a class A misdemeanor. A 9 civil penalty for false filing may not be imposed hereunder in the event 10 a category of "value" or "amount" reported hereunder is incorrect unless 11 such reported information is falsely understated. Notwithstanding any 12 other provision of law to the contrary, no other penalty, civil or crim- 13 inal may be imposed for a failure to file, or for a false filing, of 14 such statement, except that the appointing authority may impose disci- 15 plinary action as otherwise provided by law. The [joint] independent 16 commission on [public] ethics and lobbying in government and the legis- 17 lative ethics commission shall each be deemed to be an agency within the 18 meaning of article three of the state administrative procedure act and 19 shall adopt rules governing the conduct of adjudicatory proceedings and 20 appeals relating to the assessment of the civil penalties herein author- 21 ized. Such rules, which shall not be subject to the approval require- 22 ments of the state administrative procedure act, shall provide for due 23 process procedural mechanisms substantially similar to those set forth 24 in such article three but such mechanisms need not be identical in terms 25 or scope. Assessment of a civil penalty shall be final unless modified, 26 suspended or vacated within thirty days of imposition and upon becoming 27 final shall be subject to review at the instance of the affected report- 28 ing individual in a proceeding commenced against the [joint] independent 29 commission on [public] ethics and lobbying in government or the legisla- 30 tive ethics commission, pursuant to article seventy-eight of the civil 31 practice law and rules. 32 7. With respect to an application to either the [joint] independent 33 commission on ethics and lobbying in government or the office of court 34 administration for an exemption to disclosing the name of a client or 35 customer in response to questions 8 (b-1), 8 (b-2) and 8 (c), all infor- 36 mation which is the subject of or a part of such application shall 37 remain confidential. The name of the client need not be disclosed by the 38 reporting individual unless and until the [joint] independent commission 39 on ethics and lobbying in government or the office of court adminis- 40 tration formally advises the reporting individual that he or she must 41 disclose such names and the reporting individual agrees to represent the 42 client. Any commissioner or person employed by the [joint] independent 43 commission on ethics and lobbying in government or any person employed 44 by the office of court administration who, intentionally and without 45 authorization from a court of competent jurisdiction releases confiden- 46 tial information related to a request for an exemption received by the 47 commission or the office of court administration shall be guilty of a 48 class A misdemeanor. 49 § 9. Paragraph (d) of subdivision 1 of section 172-e of the executive 50 law, as added by section 1 of part F of chapter 286 of the laws of 2016, 51 is amended to read as follows: 52 (d) "Recipient entity" shall mean any corporation or entity that is 53 qualified as an exempt organization or entity by the United States 54 Department of the Treasury under I.R.C. 501(c)(4) that is required to 55 file a source of funding report with the [joint] independent commission S. 8005 86 A. 9005 1 on [public] ethics and lobbying in government pursuant to sections one-h 2 and one-j of the legislative law. 3 § 10. The closing paragraph of paragraph four of subdivision (c) of 4 section 1-h of the legislative law, as added by section 1 of part D of 5 chapter 286 of the laws of 2016, is amended to read as follows: 6 The [joint] independent commission on [public] ethics and lobbying in 7 government shall promulgate regulations to implement these requirements. 8 § 11. The closing paragraph of paragraph four of subdivision (c) of 9 section 1-j of the legislative law, as amended by section 2 of part D of 10 chapter 286 of the laws of 2016, is amended to read as follows: 11 The [joint] independent commission on [public] ethics and lobbying in 12 government shall promulgate regulations to implement these requirements. 13 § 12. Paragraph (a) of subdivision 1 of section 73 of the public offi- 14 cers law, as amended by section 1 of part A of chapter 399 of the laws 15 of 2011, is amended to read as follows: 16 (a) The term "compensation" shall mean any money, thing of value or 17 financial benefit conferred in return for services rendered or to be 18 rendered. With regard to matters undertaken by a firm, corporation or 19 association, compensation shall mean net revenues, as defined in accord- 20 ance with generally accepted accounting principles as defined by the 21 [joint] independent commission on [public] ethics and lobbying in 22 government or legislative ethics commission in relation to persons 23 subject to their respective jurisdictions. 24 § 13. Paragraph (a) of subdivision 6 of section 73 of the public offi- 25 cers law, as amended by section 3 of part K of chapter 286 of the laws 26 of 2016, is amended to read as follows: 27 (a) Every legislative employee not subject to the provisions of 28 section seventy-three-a of this chapter shall, on and after December 29 fifteenth and before the following January fifteenth, in each year, file 30 with the [joint] independent commission on [public] ethics and lobbying 31 in government and the legislative ethics commission a financial disclo- 32 sure statement of 33 (1) each financial interest, direct or indirect of himself or herself, 34 his or her spouse and his or her unemancipated children under the age of 35 eighteen years in any activity which is subject to the jurisdiction of a 36 regulatory agency or name of the entity in which the interest is had and 37 whether such interest is over or under five thousand dollars in value. 38 (2) every office and directorship held by him or her in any corpo- 39 ration, firm or enterprise which is subject to the jurisdiction of a 40 regulatory agency, including the name of such corporation, firm or 41 enterprise. 42 (3) any other interest or relationship which he or she determines in 43 his or her discretion might reasonably be expected to be particularly 44 affected by legislative action or in the public interest should be 45 disclosed. 46 § 14. Paragraph (h) of subdivision 8 of section 73 of the public offi- 47 cers law, as amended by section 10 of part A of chapter 399 of the laws 48 of 2011, is amended to read as follows: 49 (h) Notwithstanding the provisions of subparagraphs (i) and (ii) of 50 paragraph (a) of this subdivision, a former state officer or employee 51 may contract individually, or as a member or employee of a firm, corpo- 52 ration or association, to render services to any state agency when the 53 agency head certifies in writing to the [joint] independent commission 54 on [public] ethics and lobbying in government that the services of such 55 former officer or employee are required in connection with the agency's S. 8005 87 A. 9005 1 response to a disaster emergency declared by the governor pursuant to 2 section twenty-eight of the executive law. 3 § 15. Subdivisions 8-a, 8-b and 10 of section 73 of the public offi- 4 cers law, subdivision 8-a as amended by chapter 357 of the laws of 2001, 5 the opening paragraph of subdivision 8-a as amended by section 11 and 6 subdivision 8-b as amended by section 12 of part A of chapter 399 of the 7 laws of 2011, and subdivision 10 as amended by section 5 of part K of 8 chapter 286 of the laws of 2016, are amended to read as follows: 9 8-a. The provisions of subparagraphs (i) and (ii) of paragraph (a) of 10 subdivision eight of this section shall not apply to any such former 11 state officer or employee engaged in any of the specific permitted 12 activities defined in this subdivision that are related to any civil 13 action or proceeding in any state or federal court, provided that the 14 attorney general has certified in writing to the [joint] independent 15 commission on [public] ethics and lobbying in government, with a copy to 16 such former state officer or employee, that the services are rendered on 17 behalf of the state, a state agency, state officer or employee, or other 18 person or entity represented by the attorney general, and that such 19 former state officer or employee has expertise, knowledge or experience 20 which is unique or outstanding in a field or in a particular matter or 21 which would otherwise be generally unavailable at a comparable cost to 22 the state, a state agency, state officer or employee, or other person or 23 entity represented by the attorney general in such civil action or 24 proceeding. In those instances where a state agency is not represented 25 by the attorney general in a civil action or proceeding in state or 26 federal court, a former state officer or employee may engage in permit- 27 ted activities provided that the general counsel of the state agency, 28 after consultation with the [joint] independent commission on [public] 29 ethics and lobbying in government, provides to the [joint] independent 30 commission on [public] ethics and lobbying in government a written 31 certification which meets the requirements of this subdivision. For 32 purposes of this subdivision the term "permitted activities" shall mean 33 generally any activity performed at the request of the attorney general 34 or the attorney general's designee, or in cases where the state agency 35 is not represented by the attorney general, the general counsel of such 36 state agency, including without limitation: 37 (a) preparing or giving testimony or executing one or more affidavits; 38 (b) gathering, reviewing or analyzing information, including documen- 39 tary or oral information concerning facts or opinions, attending deposi- 40 tions or participating in document review or discovery; 41 (c) performing investigations, examinations, inspections or tests of 42 persons, documents or things; 43 (d) performing audits, appraisals, compilations or computations, or 44 reporting about them; 45 (e) identifying information to be sought concerning facts or opinions; 46 or 47 (f) otherwise assisting in the preparation for, or conduct of, such 48 litigation. 49 Nothing in this subdivision shall apply to the provision of legal 50 representation by any former state officer or employee. 51 8-b. Notwithstanding the provisions of subparagraphs (i) and (ii) of 52 paragraph (a) of subdivision eight of this section, a former state offi- 53 cer or employee may contract individually, or as a member or employee of 54 a firm, corporation or association, to render services to any state 55 agency if, prior to engaging in such service, the agency head certifies 56 in writing to the [joint] independent commission on [public] ethics and S. 8005 88 A. 9005 1 lobbying in government that such former officer or employee has exper- 2 tise, knowledge or experience with respect to a particular matter which 3 meets the needs of the agency and is otherwise unavailable at a compara- 4 ble cost. Where approval of the contract is required under section one 5 hundred twelve of the state finance law, the comptroller shall review 6 and consider the reasons for such certification. The [joint] independent 7 commission on [public] ethics and lobbying in government must review and 8 approve all certifications made pursuant to this subdivision. 9 10. Nothing contained in this section, the judiciary law, the educa- 10 tion law or any other law or disciplinary rule shall be construed or 11 applied to prohibit any firm, association or corporation, in which any 12 present or former statewide elected official, state officer or employee, 13 or political party chairman, member of the legislature or legislative 14 employee is a member, associate, retired member, of counsel or share- 15 holder, from appearing, practicing, communicating or otherwise rendering 16 services in relation to any matter before, or transacting business with 17 a state agency, or a city agency with respect to a political party 18 chairman in a county wholly included in a city with a population of more 19 than one million, otherwise proscribed by this section, the judiciary 20 law, the education law or any other law or disciplinary rule with 21 respect to such official, member of the legislature or officer or 22 employee, or political party chairman, where such statewide elected 23 official, state officer or employee, member of the legislature or legis- 24 lative employee, or political party chairman does not share in the net 25 revenues, as defined in accordance with generally accepted accounting 26 principles by the [joint] independent commission on [public] ethics and 27 lobbying in government or by the legislative ethics commission in 28 relation to persons subject to their respective jurisdictions, resulting 29 therefrom, or, acting in good faith, reasonably believed that he or she 30 would not share in the net revenues as so defined; nor shall anything 31 contained in this section, the judiciary law, the education law or any 32 other law or disciplinary rule be construed to prohibit any firm, asso- 33 ciation or corporation in which any present or former statewide elected 34 official, member of the legislature, legislative employee, full-time 35 salaried state officer or employee or state officer or employee who is 36 subject to the provisions of section seventy-three-a of this article is 37 a member, associate, retired member, of counsel or shareholder, from 38 appearing, practicing, communicating or otherwise rendering services in 39 relation to any matter before, or transacting business with, the court 40 of claims, where such statewide elected official, member of the legisla- 41 ture, legislative employee, full-time salaried state officer or employee 42 or state officer or employee who is subject to the provisions of section 43 seventy-three-a of this article does not share in the net revenues, as 44 defined in accordance with generally accepted accounting principles by 45 the [joint] independent commission on [public] ethics and lobbying in 46 government or by the legislative ethics commission in relation to 47 persons subject to their respective jurisdictions, resulting therefrom, 48 or, acting in good faith, reasonably believed that he or she would not 49 share in the net revenues as so defined. 50 § 16. This act shall take effect on the ninetieth day after it shall 51 have become a law. 52 PART AA 53 Section 1. The criminal procedure law is amended by adding a new 54 section 160.57 to read as follows: S. 8005 89 A. 9005 1 § 160.57 Automatic sealing of convictions. 2 1. For purposes of this section, "expiration of sentence" shall mean 3 the maximum date on which either any sentence of incarceration, whether 4 in a local jail or state correctional facility, including any term of 5 post release supervision, or any sentence of probation would expire if 6 such sentence were to run from the date such sentence was imposed by the 7 court without consideration of any conditional or supervised release 8 from custody, credits or reductions a defendant may be due, may earn, 9 and/or may have earned. 10 2. Convictions for certain traffic infractions and violations or any 11 crime defined in the laws of this state shall be sealed in accordance 12 with paragraph (c) of this subdivision as follows: 13 (a) Convictions for subdivision one of section eleven hundred ninety- 14 two of the vehicle and traffic law shall be sealed three years after the 15 completion of any sentence imposed including the payment of any fine 16 imposed. 17 (b) Convictions for misdemeanors and felonies shall be sealed upon 18 satisfaction of the following conditions: 19 (i) if the conviction to be sealed is a misdemeanor, at least three 20 years have passed from the expiration of such sentence and if the 21 conviction to be sealed is a felony at least seven years have passed 22 since the expiration of sentence; 23 (ii) the conviction is not defined as a sex offense under section one 24 hundred sixty-eight-a of the correction law; 25 (iii) the defendant is not currently incarcerated or under supervision 26 of any parole or probation department; and 27 (iv) the defendant does not have a pending criminal case in this 28 state. 29 (c) Where a conviction is eligible for sealing pursuant to this para- 30 graph before, on, or after the effective date of this section, the 31 office of court administration shall immediately notify the division of 32 criminal justice services, the court of conviction, and the heads of all 33 appropriate police and sheriff departments that the conviction is 34 sealed. 35 (d) Records of convictions sealed pursuant to this paragraph shall not 36 be accessed, made available to any person or public or private agency, 37 or used by any state agency covered by subdivision three of this section 38 except for: 39 (i) the defendant and such defendant's attorney; 40 (ii) any court or prosecutor for the purposes of a pending criminal 41 action; 42 (iii) qualified agencies, as defined in subdivision nine of section 43 eight hundred thirty-five of the executive law, and federal and state 44 law enforcement agencies, when acting within the scope of their law 45 enforcement duties or other specific statutory authority; 46 (iv) the court, prosecutor, and defense counsel if the defendant 47 becomes a witness in a criminal proceeding, or the claimant and respond- 48 ent if the defendant becomes a witness in a civil proceeding; 49 (v) when an individual is a defendant in a criminal action and the 50 sealed records of conviction of a third-party are integral to their 51 defense. In such instances, use of sealed records shall be requested 52 upon ex parte motion in any superior court, or in any district court, 53 city court or the criminal court of the city of New York provided that 54 such court is where the action is pending. The applicant must demon- 55 strate to the satisfaction of the court that the records will be used 56 for the purpose of this subparagraph; S. 8005 90 A. 9005 1 (vi) any prospective employer of a police officer or peace officer as 2 those terms are defined in subdivisions thirty-three and thirty-four of 3 section 1.20 of this chapter, in relation to an application for employ- 4 ment as a police officer, provided, however, that every person who is an 5 applicant shall be furnished with a copy of all records obtained under 6 this paragraph and afforded an opportunity to make an explanation there- 7 to; 8 (vii) any federal, state or local officer or agency with responsibil- 9 ity for the issuance of licenses to possess a firearm, rifle or shotgun 10 or with responsibility for conducting background checks before transfer 11 or sale of a firearm or explosive, when the officer or agency is acting 12 pursuant to such responsibility. This includes the criminal justice 13 information services division of the federal bureau of investigation, 14 for the purposes of responding to queries to the national instant back- 15 ground check system regarding attempts to purchase or otherwise take 16 possession of firearms, rifles or shotguns, as defined in 18 U.S.C. § 17 921 (A)(3); 18 (viii) for the purposes of civilian investigation or evaluation of a 19 civilian complaint or civil action concerning law enforcement or prose- 20 cution actions, upon ex parte motion in any superior court, or in any 21 district court, city court or the criminal court of the city of New York 22 provided that such court sealed the record; the applicant must demon- 23 strate to the satisfaction of the court that the records will be used 24 for the purposes of this subparagraph; and 25 (ix) for information provided to an individual or entity pursuant to 26 paragraph (e) of subdivision four of section eight hundred thirty-seven 27 of the executive law or for bona fide research purposes provided all 28 identifying information is removed. 29 (e) Where the sealing required by this paragraph has not taken place, 30 or where supporting court records cannot be located or have been 31 destroyed, and a defendant or their attorney submits notification of 32 such fact to the office of the court administration, the conviction 33 shall be sealed as set forth in this subdivision. 34 3. Where a conviction is eligible for sealing pursuant to this section 35 the office of court administration shall immediately notify the division 36 of criminal justice services, the court of conviction and the heads of 37 all appropriate police departments, prosecutors' offices and law 38 enforcement agencies that the conviction is sealed. Upon receipt of such 39 notification, records of or relating to such conviction, including every 40 photograph of such defendant and photographic plates or proof, and all 41 palmprints, fingerprints and retina scans taken or made of such individ- 42 ual pursuant to the provisions of this article in regard to the eligible 43 conviction, and all duplicates, reproductions, and copies thereof, shall 44 be sealed and shall not be released except as provided by paragraph (d) 45 of subdivision two of this section. Every official record and paper and 46 duplicates and copies thereof, including, but not limited to, judgments 47 and orders of a court but not including published court decisions or 48 opinions or records and briefs on appeal, relating to the conviction, on 49 file with the agency shall be marked as sealed by conspicuously indicat- 50 ing on the face of the record or at the beginning of the digitized file 51 of the record that the record has been designated as sealed. 52 4. (a) Nothing in this section requires the destruction of DNA infor- 53 mation maintained in the New York state DNA database of such individual 54 pursuant to the provisions of the executive law in regard to the eligi- 55 ble conviction. S. 8005 91 A. 9005 1 (b) Nothing in this section requires the sealing or destruction of 2 records maintained by the department of motor vehicles, and nothing in 3 this section shall be construed to contravene the vehicle and traffic 4 law, the federal driver's privacy protection act (18 U.S.C 2721 et. 5 seq.), or the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 6 31311). 7 (c) In any civil action, an official record of a conviction that has 8 been sealed pursuant to this section may not be introduced as evidence 9 of negligence against a person or entity that provided employment, 10 contract labor or services, volunteer work, licensing, tenancy, a home 11 purchase, a mortgage, an education, a loan, or insurance if such record 12 was sealed and was not provided to the person or entity by or on behalf 13 of a governmental entity in accordance with this section in response to 14 such person's or entity's authorized and timely request for conviction 15 history information. 16 (d) A person or entity described in this subdivision, acting reason- 17 ably and in good faith, may not have a duty to investigate the fact of a 18 prior conviction that has been sealed pursuant to this section. 19 5. No defendant shall be required or permitted to waive eligibility 20 for sealing pursuant to this section as part of a plea of guilty, 21 sentence or any agreement related to a conviction for a violation of the 22 laws of this state. Any such waiver is void and unenforceable. 23 6. Sealing as set forth in subdivision three of this section is with- 24 out prejudice to a defendant or their attorney seeking further relief 25 pursuant to section 440.10 of this chapter. Nothing in this section 26 shall diminish or abrogate any rights or remedies otherwise available to 27 the defendant. 28 7. All records for a conviction subject to sealing under this section 29 where the conviction was entered on or before the effective date of this 30 section shall receive the appropriate relief promptly and, in any event, 31 no later than two years after such effective date. 32 8. A conviction which is sealed pursuant to this section is included 33 within the definition of a conviction for the purposes of any criminal 34 proceeding in which the fact of a prior conviction would enhance a 35 penalty or is an element of the offense charged. 36 § 2. Section 9 of the correction law, as added by section 2 of part OO 37 of chapter 56 of the laws of 2010, the section heading as amended by 38 chapter 322 of the laws of 2021, is amended to read as follows: 39 § 9. Access to information of incarcerated individuals via the inter- 40 net. Notwithstanding any provision of law to the contrary, any informa- 41 tion relating to the conviction of a person[, except for a person 42 convicted of an offense that would make such person ineligible for merit 43 time under section eight hundred three of this chapter or an offense for 44 which registration as a sex offender is required as set forth in subdi- 45 vision two or three of section one hundred sixty-eight-a of this chap- 46 ter,] that is posted on a website maintained by or for the department, 47 under article six of the public officers law, may be posted on such 48 website for a period not to exceed five years after the expiration of 49 such person's sentence of imprisonment and at the conclusion of any 50 period of parole or post-release supervision[; provided, however, that 51 in the case of a person who has been committed to the department on more 52 than one occasion, the department may post conviction information relat- 53 ing to any prior commitment on such website for a period not to exceed 54 five years after the expiration of such person's sentence of imprison- 55 ment and any period of parole or post-release supervision arising from 56 the most recent commitment to the department]. S. 8005 92 A. 9005 1 § 3. Severability. If any provision of this act or the application 2 thereof to any person, corporation or circumstances is held invalid, 3 such invalidity shall not affect other provisions or applications of the 4 act which can be given effect without the invalid provision or applica- 5 tion, and to this end the provisions of this act are declared to be 6 severable. 7 § 4. This act shall take effect eighteen months after it shall have 8 become a law. 9 PART BB 10 Section 1. Subdivision 2 of section 170 of the correction law, as 11 amended by chapter 322 of the laws of 2021, is amended to read as 12 follows: 13 2. Notwithstanding any other provision of law, it shall be lawful for 14 an incarcerated individual of the department to work in an institution 15 of the department in the manufacture and production of goods, including 16 but not limited to, license plates, identification plates and insignia 17 for vehicles, and for the department to sell or otherwise dispose of for 18 profit such goods to the government of the United States or to any state 19 of the United States, or political subdivision thereof, or any public 20 corporation or eleemosynary association or corporation funded in whole 21 or in part by any federal, state or local funds. It shall also be lawful 22 for incarcerated individuals to be employed by and be paid fair and just 23 compensation by a private sector entity or to be paid as part of a pris- 24 on industries certification program authorized by section one hundred 25 seventy-two of this article and certified by the United States depart- 26 ment of justice in accordance with 18 U.S.C. § 1761. 27 § 2. Subdivisions 1 and 2 of section 171 of the correction law, subdi- 28 vision 1 as amended by chapter 322 of the laws of 2021 and subdivision 2 29 as amended by chapter 364 of the laws of 1983, are amended to read as 30 follows: 31 1. The commissioner and the superintendents [and officials of all 32 penitentiaries in the state] may cause incarcerated individuals in the 33 state correctional facilities [and such penitentiaries] who are phys- 34 ically capable thereof to be employed for not to exceed eight hours of 35 each day other than Sundays and public holidays. Notwithstanding any 36 other provision of this section, however, the commissioner and super- 37 intendents [of state correctional facilities] may employ incarcerated 38 individuals on a volunteer basis on Sundays and public holidays in 39 specialized areas of the facility, including kitchen areas, vehicular 40 garages, rubbish pickup and grounds maintenance, providing, however, 41 that incarcerated individuals so employed shall be allowed an alterna- 42 tive free day within the normal work week. 43 2. Such labor shall be either for the purpose of the production of 44 supplies for said institutions, or for the state, or any political 45 subdivision thereof, or for any public institution owned or managed and 46 controlled by the state, or any political subdivision thereof; or for 47 the purpose of industrial training and instruction, or partly for one, 48 and partly for the other of such purposes. It shall also be lawful for 49 incarcerated individuals to be employed by and be paid fair and just 50 compensation by a private sector entity, or be paid as part of a prison 51 industries certification program authorized by section one hundred 52 seventy-two of this article and certified by the United States depart- 53 ment of justice in accordance with 18 U.S.C. § 1761. S. 8005 93 A. 9005 1 § 3. The correction law is amended by adding a new section 172 to read 2 as follows: 3 § 172. Employment by private sector entities; prison industries 4 certification program. 1. The commissioner may enter into contracts 5 with private sector individuals, partnerships, corporations, or other 6 business entities whereby an area within a correctional facility may be 7 made available to such entity for use as a work site at which incarcer- 8 ated individuals who volunteer may be employed by such entities. Except 9 for the permissible offsets against wages, the laws of the state with 10 respect to employment conditions shall apply to incarcerated individuals 11 participating in employment through private sector entities or through a 12 prison industries certification program. 13 2. The commissioner is hereby authorized and empowered to establish 14 and implement a prison industries certification program in one or more 15 correctional facilities of the department as provided for in 18 U.S.C. § 16 1761. The commissioner shall promulgate rules and regulations consistent 17 with such federal and state laws which shall include, but not be limited 18 to, provisions defining incarcerated individual eligibility and ensuring 19 incarcerated individuals are compensated at wages which are comparable 20 to the wages paid for work of similar nature in the locality in which 21 the work is performed, and provisions providing for the gross wages of 22 incarcerated individuals to be offset in an aggregate amount not to 23 exceed fifty percent for taxes, support of family, restitution for crime 24 victims, and other lawful obligations. 25 § 4. Section 177 of the correction law is amended by adding a new 26 subdivision 8 to read as follows: 27 8. Notwithstanding any other provision of law to the contrary, the 28 commissioner may enter into a contract or contracts with private sector 29 individuals, partnerships, corporations or other business entities 30 whereby an area within a correctional facility may be made available to 31 such entity for use as a work site at which incarcerated individuals who 32 volunteer may be employed by such entity or employed as part of a prison 33 industries certification program established pursuant to section one 34 hundred seventy-two of this article. 35 § 5. Section 178 of the correction law, as amended by chapter 322 of 36 the laws of 2021, is amended to read as follows: 37 § 178. Participation in work release and other community activities; 38 employment by private entities or participation in a prison industries 39 certification program. Nothing contained in this article shall be 40 construed or applied so as to prohibit private employment of incarcerat- 41 ed individuals in the community under a work release program, or a resi- 42 dential treatment facility program formulated pursuant to any provision 43 of this chapter, or the employment of incarcerated individuals by a 44 private sector entity or participation in a prison industries program 45 pursuant to section one hundred seventy-two of this article. 46 § 6. Section 187 of the correction law is amended by adding a new 47 subdivision 5 to read as follows: 48 5. The compensation paid to incarcerated individuals employed by 49 private entities under section one hundred seventy-two of this article 50 shall be set in accordance with rules and regulations adopted by the 51 commissioner. The compensation paid to incarcerated individuals partic- 52 ipating in a prison industries program shall be set in accordance with 53 18 U.S.C. § 1761. 54 § 7. This act shall take effect on the first of January next succeed- 55 ing the date upon which the people shall approve and ratify amendments 56 to section 24 of article 3 of the constitution by a majority of the S. 8005 94 A. 9005 1 electors voting thereon relating to authorizing incarcerated individuals 2 to be employed by and be paid compensation by a private sector entity as 3 part of a prison industries certification program authorized by the laws 4 of the United States. 5 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 6 sion, section or part of this act shall be adjudged by any court of 7 competent jurisdiction to be invalid, such judgment shall not affect, 8 impair, or invalidate the remainder thereof, but shall be confined in 9 its operation to the clause, sentence, paragraph, subdivision, section 10 or part thereof directly involved in the controversy in which such judg- 11 ment shall have been rendered. It is hereby declared to be the intent of 12 the legislature that this act would have been enacted even if such 13 invalid provisions had not been included herein. 14 § 3. This act shall take effect immediately provided, however, that 15 the applicable effective date of Parts A through BB of this act shall be 16 as specifically set forth in the last section of such Parts.