A BUDGET BILL submitted by the Governor in accordance with Article VII of the Constitution
AN ACT to provide for the utilization of utility assessment funds (A); to amend chapter 886 of the laws of 1972 amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities and earned eligibility; to amend chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding and to extend the provision of the comprehensive alcohol and substance abuse program; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget and which designate the capacity of the comprehensive alcohol and substance abuse program; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from a community treatment facility; to amend chapter 3 of the laws of 1995 amending the penal law and other laws relating to the incarceration fee; to amend chapter 79 of the laws of 1989, amending the correction law and other laws relating to release and supervision of persons serving a definite sentence; to amend chapter 907 of the laws of 1984 amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs; to amend chapter 713 of the laws of 1988 amending the vehicle and traffic law relating to the ignition interlock device program, in relation to extending the expiration thereof; to amend chapter 55 of the laws of 1992 amending the tax law and other laws relating to taxes, surcharges, fees and funding, in relation to extending certain provisions relating to release on medical parole; to amend chapter 887 of the laws of 1983 amending the correction law relating to the psychological testing of candidates, in relation to extending the expiration of such chapter (B); to amend the election law, in relation to publishing proposed constitutional amendments or other propositions or questions, and printing compilations of the election law for transmittal to each board of elections at least once each year (C); to amend chapter 989 of the laws of 1958, relating to the temporary state commission of investigation, in relation to extending the provisions of such chapter; and to repeal certain provisions of such chapter relating thereto (D); to amend the executive law, the state finance law and the insurance law, in relation to authorizing the use of owner controlled insurance programs for certain public construction contracts and make conforming changes thereto (E); to amend the state finance law, in relation to the assessment of collection fees on debts owed to the state (F); to amend chapter 268 of the laws of 1996, amending the education law and the state finance law, relating to providing a recruitment and retention incentive program for certain active members of the New York army national guard, New York air national guard, and New York naval militia, in relation to the effective date thereof (G); to amend the military law, in relation to the military funds of the organized militia (H); to amend the real property law, the general business law and the executive law, in relation to the fees charged for certain license, registration and commission applications and examinations; and to repeal certain provisions of the general business law and the executive law relating thereto (I); to amend the executive law, in relation to the community services block grant program (J); to amend the environmental conservation law, in relation to fees charged by the Lake George park commission (K); to amend the uniform commercial code, in relation to secured transactions; and to repeal certain provisions of such code relating thereto (L); to amend the education law, the executive law and the penal law, in relation to fire safety at colleges and universities (M); to amend chapter 428 of the laws of 1999 amending the executive law and the criminal procedure law relating to expanding the geographic area of employment of certain police officers, in relation to the effective date thereof (N); to amend the state finance law, in relation to the payment of general purpose local government aid during the state fiscal year commencing April 1, 2001, and every fiscal year thereafter (O); to amend the state finance law, in relation to eliminating a general fund appropriation thereto (P); to amend the state finance law, in relation to providing for the administration of certain funds and accounts related to the 2001-2002 budget; to amend the state finance law and chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund; to amend the state finance law, in relation to the debt reduction reserve fund; to amend the private housing finance law, in relation to housing program bonds and notes, in relation to such funds; to amend the state finance law, in relation to the court facilities aid fund; to amend the state finance law, in relation to the New York city county clerks operations offset fund; to amend the state finance law, in relation to the judiciary data processing offset fund; to amend the state finance law, in relation to the New York state collectible series fund; to amend the state finance law, in relation to the Lake George park trust fund; to amend the state finance law, in relation to the sewage treatment program management and administration fund; to amend the state finance law, in relation to the school tax relief fund; to amend the state finance law, in relation to the criminal justice improvement account; to amend the state finance law, in relation to the state police motor vehicle law enforcement account; to amend the state finance law, in relation to the biodiversity stewardship and research fund; to amend the state finance law, in relation to the New York state wireless telephone emergency service account; to amend the state finance law, in relation to the tax proceeding fee account; to amend the state finance law, in relation to the drinking water program management and administration fund; to amend the state finance law, in relation to the clean water/clean air implementation fund; to amend the state finance law, in relation to the vocational rehabilitation fund; to amend the state finance law, in relation to the city university stabilization account; to amend the state finance law, in relation to the spinal cord injury research trust fund; to amend the labor law, in relation to unemployment insurance fund; to amend the state finance law, in relation to establishing the additional mass transportation fund; to amend the state finance law, in relation to the court facilities incentive aid fund; to amend the state finance law, in relation to the sale of bonds by the comptroller; to amend the state finance law, in relation to the issuance of certificates of participation; to amend the judiciary law, in relation to provision of the judicial training institute; to amend the public authorities law, in relation to sale of bonds by the dormitory authority; to amend the public authorities law, in relation to the sale of bonds by the environmental facilities corporation; to amend the public authorities law, in relation to the sale of bonds by the thruway authority; to amend chapter 152 of the laws of 1964 relating to authorizing the commissioner of general services to contract on behalf of the state with counties in the state of New York for the construction of office buildings and other public improvements in such counties, in relation to contracts between the commissioner of general services and counties; to amend the public authorities law, in relation to powers of the public authorities control board; to repeal section 96 of the state finance law, relating to the grade crossing elimination debt fund; to repeal paragraph (b) of subdivision 3-a of section 378 of the education law, relating to the state university construction fund educational facilities payment account; to repeal section 92-m of the state finance law, relating to the Lake Champlain bridges fund; to repeal section 94-c of the state finance law, relating to the supplemental jury facilities fund; to repeal section 97-o of the state finance law, relating to the Pine Barrens fund; to repeal section 97-n of the state finance law, relating to the Hudson river valley greenway fund; and providing for the repeal of certain provisions upon expiration thereof (Q); to amend the state finance law, in relation to creating a fund within the general debt service fund to be known as the revenue bond tax fund, and to create a revenue-supported financing program (R)
This bill contains various provisions needed to implement the Public Protection and General Government portion of the 2001-02 Executive Budget.
This bill authorizes certain State agencies to finance their activities with revenues generated from assessments on public utilities and cable television companies.
Section 1 authorizes certain expenditures of the Department of Health as eligible expenses for cable television assessment revenue.
Sections 2-6 authorize certain expenditures of the Departments of Agriculture and Markets, Economic Development, and Environmental Conservation, the Office of Parks, Recreation and Historical Preservation, and the Consumer Protection Board as eligible expenses for utility assessment revenue.
Section 18-a of the Public Service Law authorizes the Department of Public Service (DPS) to assess public utility companies for the costs associated with the operations of the Public Service Commission (PSC) and the DPS.
Section 217 of the Public Service Law authorizes the DPS to assess cable television companies for the costs associated with the operations of the PSC and DPS.
These provisions were included in the 2000-01 Article VII bill.
This bill ensures that the affected agencies will be able to expend utility assessment funds on critical State programs in the 2001-02 fiscal year.
This bill extends various criminal justice programs and fees, that would otherwise expire in 2001, through 2003.
Effective immediately, all of the following sections are extended an additional two years.
Section 1 of this part amends section 3 of Chapter 886 of the Laws of 1972 to extend provisions related to prisoner furloughs and the crime of absconding from a facility.
Section 2 amends section 20 of Chapter 261 of the Laws of 1987 to extend the Earned Eligibility program.
Section 3 amends subdivision q of section 427 of Chapter 55 of the Laws of 1992 to extend a provision of the Comprehensive Alcohol and Substance Abuse program which allows inmates to enter a residential treatment facility upon successful completion of the program.
Section 4 amends section 10 of Chapter 339 of the Laws of 1972 to extend the Temporary Release program.
Section 5 amends subdivision c of section 46 of Chapter 60 of the Laws of 1994 to extend provisions which designate the capacity of the Comprehensive Alcohol and Substance Abuse program and limit eligibility for the Temporary Release program.
Section 6 amends section 5 of Chapter 554 of the Laws of 1986 to extend provisions related to community treatment facilities and the crime of absconding from a community treatment facility.
Section 7 amends subdivision h of section 74 of Chapter 3 of the Laws of 1995 to extend provisions related to the incarceration fee.
Section 8 amends section 7 of Chapter 79 of the Laws of 1989 to extend the Local Conditional Release Law.
Section 9 amends subdivision z of section 427 of Chapter 55 of the Laws of 1992 to extend the Parole supervision fee.
Section 10 amends subdivision (aa) of section 427 of Chapter 55 of the Laws of 1992 to extend provisions related to the DWI and custody investigation fees.
Section 11 amends section 12 of Chapter 907 of the Laws of 1984 to extend the provisions of the Classification/Alternatives to Incarceration law.
Section 12 amends section 6 of Chapter 713 of the Laws of 1988 to extend the ignition interlock device program.
Section 13 amends subdivision (r) of section 427 of Chapter 55 of the Laws of 1992 to extend provisions related to release of inmates on medical parole.
Section 14 amends section 2 of chapter 887 of the laws of 1983 to extend provisions related to the psychological testing of correction officer candidates.
Presently, sections 1 – 5, 7 – 11 and 13 – 14 of this bill are due to expire on September 1, 2001. Section 6 is due to expire on September 30, 2001. Section 12 is due to expire on July 1, 2001.
Criminal justice programs and fees provide incentives for inmate rehabilitation and mitigate the need to expand general confinement space.
The Comprehensive Alcohol and Substance Abuse program and the Temporary Release program authorize the assignment of eligible non-violent inmates to residential treatment facilities, work release, or community service programs. These on-going programs reduce demand for general confinement prison capacity. Approximately 2,500 inmates are currently assigned to these programs, and approximately 1,500 inmates participate in work release. Should authorization for these programs expire, the demand for space in prison facilities would increase, driving up operating costs.
This bill permits the State Board of Elections to eliminate certain printing and publishing requirements by authorizing posting of the information on the Internet via the agency’s homepage.
It permits the State Board of Elections to satisfy the statutory printing and publishing requirements of the Election Law by posting this information on the Internet via the agency’s homepage, thereby eliminating the need and expense associated with printing and publishing in current formats. However, because this bill adds new language and does not eliminate existing provisions, the State Board of Elections is still authorized to continue to print and publish as currently done, if so desired.
Subdivisions 2 and 3 of section 4-116 of the Election Law require the State Board of Elections to publish once (in one newspaper in each county), in the week preceding any election at which proposed constitutional amendments or other propositions or questions are to be submitted to the voters, an abstract of such amendment or question; a brief statement of the law or proceedings authorizing such submission; and a statement that such submission will be made and the form in which it is to be submitted.
Section 4-126 of the Election Law also requires the State Board of Elections to transmit a copy of any amendment to the Election Law to each county board of elections, within 10 days after the enactment of any such amendment. In addition, the Board is required to transmit to each local board of elections a copy of the full text of the Election Law prior to each general election. Additional copies of the Election Law are to be made available to the public upon request.
This bill will enhance public disclosure and access to the Election Law and its amendments, and to constitutional amendments, ballot propositions and questions to be submitted to the voters of the State by authorizing the State Board of Elections to post this information on the Internet, via the agency’s homepage. Because this bill would add new subdivisions, the agency retains its authorization to print and publish this information in current formats.
From January to mid-November 2000, the Board’s homepage has been accessed by the public approximately 1.1 million times. Clearly, this form of electronic information is being increasingly utilized by the public.
When the constitutional amendments, etc. are published in local newspapers they are printed in the legal notices portion of the newspapers. This bill permits elimination of this practice, but would not impact the newspapers’ normal reporting of any election related news or information.
This bill extends the Temporary State Commission of Investigation (SIC) for an additional two-year period and establishes its six commissioners’ salaries in law.
Chapter 989 of the Laws of 1958, which established the Temporary State Commission of Investigation, is amended to extend the sunset date for the Commission for another two-year period, until September 1, 2003. The law is also amended to equate the chairman’s salary with those agency heads listed in section 169, subdivision 11, paragraph (e) of the Executive Law (currently $101,600) and to establish the five other commissioners’ salaries at $79,191.
The Temporary State Commission of Investigation, which was originally created in 1958, has subsequently been extended by numerous chapters, generally every 2 years. Currently, the Commission expires on September 1, 2001.
This bill is necessary to continue the Temporary State Commission of Investigation for an additional two-year period.
This bill clarifies the Office of General Services’ authority to provide centralized and coordinated services to State agencies, local governments and other entities; and establishes an exception to the current prohibition against the use of owner controlled insurance programs on public construction projects of a certain minimum value to enable cost savings and facilitate cost reduction.
Section 202 of the Executive Law and section 97-g of the State Finance Law are amended to clarify how centralized and coordinated services are delivered to State agencies, local governments and other entities.
Subdivision c of section 2504 of the Insurance Law is amended to authorize the use of owner controlled insurance programs (“wrap-ups”) on single public construction projects having an actual or estimated total value, exclusive of insurance and surety costs, of $25 million or more; and on multiple public construction projects having an actual or estimated total aggregate value, exclusive of insurance and surety costs, of $50 million or more. Subdivision c also provides that the letting of insurance or surety contracts authorized thereby must be procured in accordance with Article 11 of the State Finance Law.
Section 202 of the Executive Law authorizes the Commissioner of General Services to provide coordinated services for the support of State agencies, local governments and not-for-profit organizations to conserve State resources, benefit such entities and facilitate their missions. Section 97-g of the State Finance Law creates a Centralized Services Revenue Fund and enumerates the centralized services to be provided by the Office of General Services that primarily support State agencies. Currently, subdivision b of Section 2504 of the Insurance Law effectively prohibits, with limited exceptions, the utilization of owner controlled insurance programs on any public construction programs.
Similar amendments to clarify OGS’s authority to provide centralized and coordinated services have been proposed in the past. The provision for owner controlled insurance is new.
While Section 202 of the Executive Law and Section 97-g of the State Finance Law address the many kinds of support provided by the Commissioner of General Services, it is necessary to conform and coordinate these provisions. These amendments reinforce the legislative intent of the above cited sections; OGS support services can also be provided to local governments and other entities when State efficiencies can be achieved. In many instances, the types of centralized and coordinated services administered by the Commissioner of General Services are based on common needs.
Wrap-up insurance (an owner controlled insurance program) will serve to ensure quality coverage, carrier stability, unified claim management, and enhanced loss control. Cost savings are achieved by small businesses being able to take advantage of a larger risk pool. Generally, a self-insured entity adds between 8 to 12 percent of the cost of a construction project. With wrap-up insurance, the incremental cost for a similar project will be reduced to between 4 to 9 percent.
Wrap-up insurance can result in broader participation in construction projects by small, disadvantaged, minority- and women-owned businesses who would now be able to more freely bid on construction projects because their potential to meet insurance requirements is improved.
This bill facilitates the Department of Law’s recovery of collection fees on debts owed to the State.
Section 18 of the State Finance Law is amended to define the terms “liquidated” and “outstanding debt”, and to clarify that the statutorily authorized collection fees are recoverable in the same manner as the outstanding debt. Further, it specifies that collection fee charges may be included in the statement of damages sought in a court action.
Section 18 of the State Finance Law, enacted by Chapter 55 of the Laws of 1992, authorizes State agencies to recover an amount equal to 22 percent of the collected delinquent debt.
However, two recent court decisions have required the Department of Law to recover its collection expenses directly from the principal and interest collected on bad debts, rather than through collections fees assessed to the debtors. This reduces the recovery amounts that can be turned over to the Department’s client agencies.
By more clearly defining that the collection fees may be recovered in addition to the original debt, this bill ensures that the Department of Law and other State agencies will recoup the full amount of the debt owed, including the collection costs.
This bill amends section 5 of Chapter 268 of the Laws of 1996 to extend for 5 years the Recruitment Incentive and Retention Program of the Division of Military and Naval Affairs. Legislation creating the Recruitment Incentive and Retention Program was enacted on July 2, 1996 and is set to expire on July 2, 2001.
The Recruitment Incentive and Retention Program is widely recognized as a national success story. The program is credited with reversing a long-term decline in the force strength of the New York National Guard, which had dwindled to less than 80 percent of that authorized by the Federal military. Less than 3 years after the inception of the program, force strength stood at almost 95 percent of that authorized strength. In addition, as the program provides a better educated Guard force, it is recognized as having increased the overall quality of Guard membership.
This bill permanently extends the provisions authorizing the deposit of all receipts resulting from the rental of State armories, into a dedicated special revenue account.
Subdivision 5 of section 183 of the Military Law is amended to require that all revenue resulting from the rental or non-military use of State armories be deposited into a specific special revenue-other account.
This bill permanently amends subdivision 5 of section 183 of the Military Law, extending the provisions authorizing that all receipts, resulting from the rental of State armories, be deposited into a dedicated special revenue account. Additionally, it amends subdivision 1 of section 221 of the Military Law by deleting armory rental proceeds from the list of sources for military funds for local units.
Chapter 19 of the Laws of 1999 increased the percentage from 50 to 100 percent of total armory rental proceeds to be deposited in the dedicated armory rental account. However, this provisions expires March 31, 2001. The 50 percent limitation would automatically be reinstated if this bill is not enacted.
The deposit of 100 percent of armory rental revenue into the dedicated armory rental account has enabled the armories to fully support their own non-personal service operating costs of more than $2 million, allowing the state to reduce its General Fund support of armory operations accordingly. Without an extension of these statutory provisions, half of the armory rental revenue will ultimately be returned to Guard units across the State.
This bill restructures the examination and licensing application fees for the disciplines for which the Department of State is responsible, and eliminates “after-licensure” fees which discourage the timely filing of required information.
Effective April 1, 2001, a new fee schedule will be implemented for disciplines of real estate broker and salesperson; apartment information vendor or apartment sharing agent; alarm installer; private investigator; private watch guard and patrol agency; armored car carrier security guard; bedding repairer-renovator or rebuilder; appearance enhancement specialist (nail specialist, waxing specialist, natural hair stylist, estheticist and cosmetologist); coin processor; barber and barber apprentice; operator of pet cemeteries; hearing aid dispenser; notary public; appraiser; and a central dispatch facility.
The current fees will be adjusted in the following manner: fees up to $50 will receive a $5 increase; fees between $50 and $100, a $10 increase; fees between $100 and $200, a $25 increase; and fees over $200, a $35 increase. In addition, the current examination fee will increase from $15 to $25. The bill also eliminates several “after-licensure fees” which have been an obstacle to the business community.
Various provisions of the Real Property Law, the Executive Law and the General Business Law require the Department of State to provide for the licensing and registration of certain disciplines and to set fees for examinations (in some cases, a prerequisite to licensure) and applications.
The Department of State provides a wide range of services to a variety of customers, including businesses, local governments and the general public. This bill provides the Department the additional financial resources necessary to make further service improvements requested by the industry through an investment in automation and Internet computer capability. A fee adjustment was determined as appropriate given the number of years since these fees were last changed. New York’s fees in this area are relatively low compared to fees in other states.
These investments will improve and modernize the application and licensing process. Service will be enhanced with quicker turnaround, the ability to transact business on-line and 24 hour access to information. Efficiency in the agency’s day-to-day operations will be improved, particularly as an integrated database is established for licensing services over the next few years. Over time, savings will accrue as the volume of paper-based manual transactions declines, resulting in lower storage costs, quicker processing, and fewer telephone inquiries and mail transactions.
This bill conforms New York State law with the Federal Community Services Block Grant (CSBG) Act of 1998, and extends the Department of State’s authority to administer this program through September 30, 2004.
Effective immediately, this bill:
Article 6-D of the Executive Law authorizes the Department of State to administer the Federal CSBG program. This authorization expires September 30, 2001.
The Laws of 1982 gave the Department of State authority to administer CSBG funds for one year. This authority has been extended each year through 2001.
The CSBG program is a federally funded anti-poverty program that provides families and individuals with the resources necessary to achieve self-sufficiency.
The Federal Community Services Block Grant Act of 1998 made significant changes to the CSBG Program. Conforming State law with Federal statute will give more flexibility to the governing board of directors of a community action agency receiving CSBG grants – - an amendment required to ensure New York State’s continued receipt of Federal funds.
This bill restructures the boat and dock registration fees for the Lake George Park Commission to ensure financial support for the Commission’s current operations.
Effective April 1, 2001 a new fee schedule will be implemented that will be used to support the operations of the Lake George Park Commission. The new schedule will increase boat and dock registration fees in the following manner:
Section 43-0125 of the Environmental Conservation Law sets boat and docking fees for the Lake George Park Commission.
The Lake George Park Commission is charged with preserving, protecting and enhancing the unique nature and scenic resources of Lake George and the surrounding countryside. Over the years, use of the Lake has steadily increased, elevating the need for enforcement of water safety laws and regulations and aggravating the Lake’s environmental conditions. This growth in activities has increased the cost of Lake management – - by the end of this fiscal year the imbalance in spending will erode all available revenue received by the Commission.
These regulatory and enforcement functions of the Commission and other ongoing expenses such as milfoil and zebra mussel control measures can appropriately be met through an increase in user fees. The current fee structure was set in 1987 with the intention that fees would support the costs of the Commission. The fees for docks are determined by the length and the purposes of the dock, while boat registration fees are determined by the length and other specifications of the boat. This bill increases all the fees paid to the Commission by 50 percent, and covers rising costs over the next several years.
This bill conforms New York’s Article 9 of the Uniform Commercial Code (UCC) to the model Act of Revised Article 9 adopted by the National Conference of Commissioners on Uniform State Laws and the American Law Institute. The scope of Article 9 is expanded to recognize new forms of collateral used in commercial transactions and to modernize the Article by promoting efficiency and uniformity.
Effective July 1, 2001, this bill repeals current UCC Articles 6 and 9 and replaces them with UCC Revised Article 9 and makes conforming amendments to other provisions of the law. Major provisions will:
Current UCC Article 9 governs secured transactions. UCC Article 6 sets forth procedures relating to the bulk transfer of business assets. UCC Article 9 was originally enacted in 1962 and last updated in 1977.
A Revised Article 9 (“Secured Transactions”) of the UCC will allow for the use of new and emerging technologies (such as electronic transmission of UCC filings) and eliminates the current dual filing requirements at both the State and county levels. The bill’s implementation date of July 1, 2001 is consistent with the standards being adopted nationwide. The bill concerns an area of paramount importance to finance institutions, as it will update the law governing secured interests to better articulate and protect their rights to timely repayment. It is also necessary to clarify the permissible use of many developing types of collateral and enable a broader range of persons to obtain financing.
The UCC Revised Article 9 is expected to protect and encourage business in the State by significantly reducing filing costs for large financial transactions. To date 28 states including Texas and California, have adopted Revised UCC Article 9 provisions and another 15 states have introduced such legislation. Without consistency with the national standard, New York could lose business in the financial, legal and accounting professions to other states which do adopt the new Code.
Failure to adopt a Revised Article 9 would also promote confusion regarding lenders’ rights and impose a burden on lending institutions which deal in multi-state commercial transactions. This would, in turn, result in lost filing fees previously paid by businesses to the State, and lost tax revenue from taxable transactions occurring out-of-state. Furthermore, without the revised collateral provisions, persons borrowing money in New York could pay higher interest rates on loans, which could send additional financial services business out-of-state.
This bill authorizes the Office of Fire Prevention and Control (OFPC), housed within the Department of State, to conduct annual fire safety inspections on all public and independent college and university campuses in New York State. In addition, the bill sets criminal penalties for the act of tampering with a fire protection device or system.
Effective January 1, 2002, this bill will:
Education Law section 807-b requires that the administrations of all public and independent colleges and universities are responsible for annual fire inspections of public and private (independent) colleges and universities. College authorities are also currently responsible for filing an inspection report with the Commissioner of Education annually. Fines of up to $500 per day may currently be imposed for failure to file with the Commissioner. However, no sanctions exist in statute for failure to correct any identified fire safety violation or deficiency.
Currently, the Penal Law, while providing criminal punishment for arson and falsely reporting a fire, contains no provision sanctioning intentional tampering with a fire detection or fire protection device.
Following the deaths of several students in a New Jersey dormitory fire (Seton Hall University), Governor Pataki established the New York Task Force on Campus Fire Safety. This bill implements the following Task Force recommendations to protect students in the State from unnecessary risk of fire hazards while attending higher educational institutions:
This bill makes permanent the provisions of Chapter 428 of the Laws of 1999 which allow the Superintendent of the Division of State Police to authorize local police officers to operate outside their jurisdictions when participating in a joint task force with DSP troopers. Section 3 of Chapter 428 is currently scheduled to expire on November 1, 2001.
Chapter 428 of the Laws of 1999 allowed local law enforcement officers to work outside their own jurisdictions as necessary when working with the State Police on joint investigations. This initiative has been successful in facilitating such joint task force initiatives. Absent this bill, State and local coordinated efforts to fight crime would be unnecessarily hindered. Additionally, certain seized asset forfeiture revenues associated with State-local initiatives could be jeopardized.
This bill amends permanent law to enable the payment of General Purpose Local Government Aid to cities, towns and villages in the State fiscal year beginning April 1, 2001 and every year thereafter, in a manner consistent with the current year.
This bill amends section 54 of the State Finance Law so that existing law, which currently sunsets on March 31, 2001, would continue in perpetuity. Additionally, this bill provides that:
Current law renders subdivisions one through eight of Section 54 inapplicable and considers section 12 of Chapter 430 of the Laws of 1997 to be in full force and effect. Those provisions enable the State to disburse General Purpose Local Government Aid in a manner consistent with prior years and provide funding at current-year levels, including the five percent across-the-board increase to all cities (except New York City), towns and villages provided in 2000-01.
Between 1980 and 1999, section 54, which obligates the State to allocate 8 percent — approximately $2 billion — of total State tax collections to cities, towns and villages, has been “notwithstood” annually with funding levels set through annual appropriations.
Without this bill, section 54 of the State Finance Law would revert to the statutory formula governing the appropriation and payment of General Purpose Local Government Aid, namely, 8 percent of total State tax collections, or over $2 billion, would need to be allocated to all cities, towns and villages for 2001-02. Under existing law, the State’s obligation to localities is $561.6 million.
Effective April 1, 2001, this bill amends section 92-i of the State Finance Law to eliminate the need for a General Fund appropriation for the Stock Transfer Incentive Fund in the 2001-02 Executive Budget, by removing the City of New York as a potential beneficiary of revenues resulting from the collections of the Stock Transfer Tax. It also makes several technical corrections within section 92-i, replacing references to the “state tax commission” with the “commissioner” of taxation and finance.
The revenue streams and payment mechanisms for the Stock Transfer Incentive Fund are contained in section 92-i of the State Finance Law. These provisions, which also include an appropriation cap for the Fund of $120 million, detail the payment of Stock Transfer Tax revenues to the City of New York. However, no such revenues are available since subdivision 2(a) of section 280-a of the Tax Law provides for the 100 percent rebate of the tax collected to those who paid the tax. These details have been annually “notwithstood” in appropriation language. The Stock Transfer Incentive Fund has been solely supported by a State General Fund appropriation.
The Stock Transfer Incentive Fund was created in 1978 to compensate New York City, then in the throes of a fiscal crisis, for the loss of revenues resulting from earlier legislation that provided for the rebate of 100 percent of the revenues collected to those who paid the tax. (Although the tax could not be repealed because these revenues are pledged to City bonds, this rebate provision is commonly referred to as the “repeal” of the tax.) New York City, the only municipality to ever receive these funds, has subsequently received more than $2 billion cumulatively from this Fund, and in its last fiscal year received $114 million.
Although once critical to New York City budget balance, these revenues currently represent an insignificant portion of the City’s $38.5 billion budget. Elimination of this appropriation should have no appreciable effect on New York City finances.
This bill provides the statutory authorization necessary for the administration of funds/accounts included in the 2001-2002 Executive Budget. Specifically, it (1) authorizes temporary loans and the deposit of certain revenues to specific funds/accounts, (2) continues or extends various provisions of Chapter 56 of the Laws of 2000 in relation to capital projects and certain certifications, (3) authorizes the issuance of Certificates of Participation, and (4) increases existing bond caps for various capital programs.
The bill also provides the statutory authorization for the Office of General Services and the Division of the Budget to carry out certain administrative and programmatic functions; repeals statutory authorizations relating to dormant funds; establishes a new Additional Mass Transportation Assistance Fund; and makes technical corrections to the State Finance Law and the Labor Law.
Section 1 of this bill authorizes specific funds and accounts to receive temporary loans for the 2001-02 fiscal year.
Section 2 authorizes reimbursement to the General Fund for administrative costs related to the operation of the Correctional Facilities Improvement Fund.
Section 3 authorizes the deposit of funds into the School Tax Relief Fund.
Sections 4 through 19 are technical amendments to the State Finance Law to change the fund type classification of the following funds consistent with procedures of the State Comptroller: Court Facilities Incentive Aid Fund, New York City County Clerks’ Operations Offset Fund, Judiciary Data Processing Offset Fund, New York State Collectible Series Fund, Lake George Park Trust Fund, Sewage Treatment Program Management and Administration Fund, criminal justice improvement account, State Police motor vehicle law enforcement account, Biodiversity Stewardship and Research Fund, New York State wireless telephone emergency service account, tax proceedings fee account, Drinking Water Program Management and Administration Fund, Clean Water/Clean Air Implementation Fund, Vocational Rehabilitation Fund, City University stabilization account, and Spinal Cord Injury Research Trust Fund.
Section 20 amends the Labor Law to add the State Comptroller as a custodian of the Unemployment Insurance Fund.
Sections 21 through 26 are technical amendments that repeal the statutory authorization for the following dormant funds: Grade Crossing Elimination Debt Fund, State University Construction Educational Facilities Fund, Lake Champlain Bridges Fund, Supplemental Jury Facilities Fund, Pine Barrens Fund, and Hudson River Valley Greenway Fund.
Section 27 authorizes appropriation transfers for Capital Projects funds and requires certification of certain capital spending by the State Comptroller and designated State authorities and agencies.
Sections 28 through 33 authorize the State Comptroller to deposit reimbursements for certain capital spending from new capital appropriations contained in various chapters of the Laws of 1996 through 2001 into the Capital Projects Fund.
Section 34 authorizes the State Comptroller to establish a process by which monies may be used to make rebates to the Federal government.
Section 35 through 37 establish a limit on the issuance of Certificates of Participation, and authorize the issuance of Certificates of Participation for financing various portions of the 2001-2002 Budget.
Section 38 extends authorizations in section 29 of part H of Chapter 56 of the Laws of 2000 regarding disbursements for hazardous waste site remediation projects.
Section 39 increases the bonding limit for correctional facilities to ensure that the State is reimbursed for all Department of Correctional Services capital expenditures from the Correctional Facilities Capital Improvement Fund.
Sections 40 and 41 amend paragraphs (a) of subdivisions 2 and 5, respectively, of section 47-e of the Private Housing Finance Law, as amended by Chapter 56 of the Laws of 2000, to continue the use of bond proceeds issued previously to reimburse housing programs, and increase the existing bond cap.
Section 42 increases the bonding limit for youth facilities to ensure that the State is reimbursed for all expenditures from the Youth Facilities Improvement Fund.
Section 43 through 48 are technical amendments that more clearly establish limits on the amount of bonds authorized to be issued for various purposes.
Section 49 establishes a sunset date relating to the power of the Commissioner of the Office of General Services to enter into contracts with counties to provide office facilities for the State.
Section 50 reclassifies the Debt Reduction Reserve Fund from a Capital Projects Fund to a Debt Service Fund.
Section 51 authorizes the Urban Development Corporation to issue bonds or notes for the purpose of financing capital improvements to the Alfred E. Smith Office Building.
Sections 52 and 53 clarify provisions relating to electronic bidding on the sale of State bonds by the State Comptroller and permit the State to provide credit enhancement when the State issues debt.
Section 54 provides that a second approval by the Public Authorities Control Board is not required for the refunding of State supported debt of a project previously approved by such board.
Section 55 authorizes a transfer of funds between the State University Collection Fund and the State University Income Fund for the purpose of paying SUNY’s debt service if insufficient funds are available in the State University Income Fund.
Section 56 authorizes the transfer of money from the Dormitory Authority to the State for partial payment of the State University loan from the State Short-Term Investment Pool, and to the State University Income Fund for costs attributable to the State University hospitals’ status as State agencies.
Section 57 establishes the Additional Mass Transportation Assistance Fund.
Section 58 amends the State Finance Law in relation to the Court Facilities Incentive Aid Fund to authorize the State Comptroller to transfer moneys from this fund to the General Debt Service Fund.
Section 59 authorizes the deposit of funds from the New York State Housing Finance Agency to the Miscellaneous Special Revenue Fund, Federal small cities community development program account.
State Finance Law requires statutory authorization for funds and accounts to receive temporary loans from the State Treasury. Similar provisions were enacted to implement the 2000-01 Budget and need to be extended to implement the 2001-02 Budget.
This bill is necessary to execute a Balanced Financial Plan in accordance with the 2001-02 Executive Budget. Such legislation is enacted annually to authorize loans budgeted in the Financial Plan that do not have permanent statutory authorization, as well as to provide for other transactions necessary to maintain a balanced financial plan. The provisions of this bill relating to the performance of necessary administrative and programmatic functions by the Division of the Budget and the Office of General Services are also enacted annually.
This bill amends the State Finance Law to expand the ability to issue lower-cost “revenue-backed” State-supported bonds by authorizing a new revenue bond financing program which would be supported by a pledge, subject to appropriation, of a portion of State personal income tax receipts.
The new revenue bonds authorized by this bill would be subject to the caps and limitations imposed by the Debt Reform Act of 2000 and would be issued:
This bill will lower the State’s debt service costs by $20 million in 2001-02.
Section 1 of the bill amends the State Finance Law to create a new Revenue Bond Tax Fund (RBTF) within the General Debt Service Fund, and to authorize the deposit of 25 percent of what would otherwise be General Fund personal income tax receipts to the RBTF.
The bill directs the Comptroller to keep the moneys in the RBTF separate from any other moneys in his custody. Pursuant to a certificate from the Director of the Division of the Budget, the bill requires the Comptroller to set aside receipts of the RBTF on a monthly basis, subject to the rights of the holders of debt of the State. The monthly set asides are required to equal not less than the cumulative amount of one-twelfth of the total amount estimated by the Director of Budget as necessary to meet the cash requirements for debt service and related expenses during the fiscal year multiplied by the number of months since the start of such fiscal year. After the monthly set-asides (and other requirements detailed below) have been met, the Comptroller is directed to transfer excess personal income tax receipts in the RBTF for deposit to the General Fund.
The bill also provides that no moneys may be paid or distributed from the RBTF unless all required debt service appropriations have been made and required cash payments are current. In the event cash requirements related to revenue bonds have been appropriated, but payments of such cash requirements have not been made, all monies in the RBTF must remain in that Fund and cannot be transferred to the General Fund.
The bill also provides that, for accounting purposes only, moneys deposited in the RBTF shall be considered revenues of the General Fund. Disbursements shall be considered transfers from the General Fund to the General Debt Service Fund. This ensures that the creation of the RBTF, for purposes of setting aside monies necessary to pay debt service, does not distort Financial Plan reporting for General Fund receipts or disbursements.
Section 2 of the bill amends the State Finance Law to create a new Article 5-c to authorize the issuance of revenue bonds. A new section 68-a defines authorized issuers of revenue bonds as the:
Section 68-a also defines an authorized purpose for which revenue bonds may be issued to include any purposes for which State-supported debt may be issued, excluding general obligation bonds and the State’s existing revenue bond programs (i.e., bonding programs for Mental Health facilities; Department of Health facilities; Dedicated Highway and Bridge Trust Fund; and SUNY Dormitory facilities.) The bill does not preclude the issuance of State-supported debt under the existing State appropriation-backed debt structure.
A new section 68-b provides that revenue bonds may only be issued for the same authorized purposes for which State-appropriation backed debt may be issued (and for reserve funds, costs of issuance and to refund outstanding bonds) and prescribes the terms and limits under which bonds can be sold. State-appropriation backed bonds may also be refunded under the new revenue bond program. Bond caps for existing State-appropriation credits will be reduced by the amount of revenue bonds issued that are applicable to such purposes. Like existing State-supported, appropriation-backed bonds, and existing State-supported revenue bonds, section 68-b provided that the new revenue bond structure authorized by this bill shall not be a debt of the State. In addition, the revenue bonds authorized by this bill will be subject to the caps and limitations imposed by the Debt Reform Act of 2000 (Chapter 59 of the Laws of 2000)
A new section 68-c creates a mechanism for the State to make payments to the authorized issuers for debt service and costs related to bonds sold under this program. Section 68-c also provides that nothing contained in Article 5-c shall be deemed to restrict the right of the State to amend, repeal, modify or otherwise alter statutes imposing or related to the State personal income tax. Consistent with the Governor’s Constitutional Debt Reform bill, this bill authorizes the State to convert these statutory revenue bonds to constitutional revenue bonds upon adoption of the amendment proposed in the Governor’s Constitutional Debt Reform bill.
Existing law authorizes certain public authorities and public benefit corporations to issue State-supported revenue bonds (i.e., bonds issued under the Dedicated Highway and Bridge Trust Fund, Mental Hygiene facilities, Department of Health and SUNY Dormitory facilities programs) and State appropriation-backed bonds (i.e., bonds issued under the Correctional facilities, Youth facilities, and CHIPs programs). This bill permits currently authorized issuers of State-supported debt to issue revenue bonds in lieu of State-appropriation-backed debt, excluding existing revenue bonding programs and general obligation bonds. Like existing State-supported appropriation-backed bonds and the existing State-supported revenue bonds, the bonds authorized to be issued by this bill are State-supported debt (as defined by section 67-a of the State Finance Law) which are subject to the caps and limitations imposed by the Debt Reform Act of 2000.
Authorizing a new revenue bond financing program will continue the State’s efforts to effectively manage its State-supported debt portfolio and further reduce borrowing costs by:
Enactment of this bill is necessary to implement the 2001-2002 Executive Budget as follows:
This bill ensures recovery of certain expenses incurred by the departments of Health, Agriculture and Markets, Economic Development, Environmental Conservation; the Office of Parks, Recreation and Historic Preservation, and the Consumer Protection Board.
Extension of the authorization for these programs is necessary to mitigate the demand for space in prison facilities which could otherwise increase costs.
The savings anticipated for 2001-02 is $50,000.
This bill is necessary to authorize the continuation of the Temporary State Commission of Investigation.
The savings anticipated for 2001-02 is $1 million, with additional savings projected when the program is fully implemented.
The 2001-02 Executive Budget includes $7 million in Special Revenue funding for the Department of Law to support collection unit operations. The Department returned $77.5 million in revenues to client State agencies in 1999-2000 that might not have been realized without this unit’s collection operation.
Should these provisions not be enacted, a portion of the $7 million in collection costs will have to be paid from the approximately $77.5 million in collected bad debt rather than from fees assessed to the debtors.
This bill continues the Recruitment Incentive and Retention Program, supported by a $3 million appropriation recommendation.
Without this bill, recommended appropriations will be inadequate to support armory operations.
The licensing fee increases will result in additional revenue of $2.6 million to the business licensing services account. This will allow for investments of $2.6 million in automation and Internet computer capability and should lead to out-year agency operating efficiencies.
This bill ensures the continued receipt of Federal funds for the CSBG program. The 2001-02 Executive Budget for the Department of State includes $2.5 million for program administration and $45.5 million for Community Services grants to local not-for-profit organizations.
The boat and docking fee adjustments will result in $283,000 in additional revenue to the Lake George Park Commission. This increased revenue will support the regulatory and enforcement operations of the Commission.
This bill establishes a new fee structure to encourage electronic business transactions, and will generate $3.0 million in new revenue to the General Fund.
This bill authorizes the Department of State to implement and administer the New York State Campus Fire Safety Program and conduct annual fire safety inspections on all public and independent college and university campuses. This new program is supported by a 2001-02 Executive Budget appropriation of $1.3 million.
This bill ensures the continued receipt of all seized asset forfeiture revenue, estimated to be $8.6 million in State fiscal year 2001-02.
This bill is necessary to continue provisions for the allocation of General Purpose Local Government Aid which would otherwise sunset on March 31, 2001.
Absent these changes, existing law governing the payment of revenues to the Stock Transfer Incentive Fund would be applicable.
This bill is required to keep the State’s Financial Plan in balance by authorizing loans that are assumed in the Financial Plan and by ensuring that required reimbursements, certifications, and disbursements are accomplished. In addition, this bill is necessary to reimburse approximately $1.7 billion in projected Capital Projects funds spending with the proceeds of bonds sold by public authorities, to ensure the continued tax-exempt status and interest rate of certain outstanding general obligation and authority bonds, and to permit the State to carry out basic administrative functions.
This bill is estimated to reduce State-supported debt service costs by approximately $20 million in 2001-02, and these savings are reflected in the Financial Plan submitted with the 2001-02 Executive Budget.
This bill takes effect April 1, 2001, except that:
Section 1 shall be subject to the expiration set forth in section 13 of Chapter 989 as amended.
Takes effect immediately.
Takes effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2001.
Takes effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2001.
Section 18 shall take effect on the same date as section 2 of Chapter 171 of the Laws of 2000 as amended.
Takes effect immediately subject to other qualifying provisions.
Takes effect July 1, 2001.
Takes effect January 1, 2002.
Take effect immediately.