2002-03 Budget - Article 7 Bill s6256: PPGG
STATE OF NEW YORK
________________________________________________________________________
S. 6256 A. 9758
SENATE - ASSEMBLY
January 28, 2002
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the education law, the executive law and the penal law,
in relation to fire safety at colleges and universities (Part A); to
amend the environmental conservation law, in relation to fees charged
by the Lake George park commission (Part B); to amend the executive
law, in relation to the community services block grant program (Part
C); to amend the state finance law, in relation to the assessment of
collection fees on debts owed to the state (Part D); to amend the real
property law, the general business law and the executive law, in
relation to the fees charged for certain license, registration and
commission applications and examinations; to repeal subdivision 5 of
section 74 of the general business law relating to the fees for the
change of name or address of private investigator, bail enforcement
agent and watch, guard and patrol agency licensees; to repeal subdivi-
sion 3 of section 750-g of the general business law relating to the
fee for the change of name or address of a pet cemetery licensee; and
to repeal subdivision 12 of section 131 of the executive law relating
to the fee for the change of name or address of a notary public (Part
E); to amend the correction law, in relation to the registration of
sex offenders (Part F); to amend the state finance law, in relation to
the payment of general purpose local government aid during the state
fiscal year commencing April 1, 2002 and every fiscal year thereafter
(Part G); to amend chapter 435 of the laws of 1997 amending the mili-
tary law and other laws relating to various provisions, in relation to
extending the expiration date of the merit provisions of the
correction law and penal law (Part H); to amend the public lands law,
in relation to expanding the allowable purposes for which unappropri-
ated state lands may be transferred to municipalities (Part I); to
amend the general business law, in relation to the no telemarketing
sales call statewide registry (Part J); to amend chapter 412 of the
laws of 1999 amending the civil practice law and rules and the court
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12370-01-2
S. 6256 2 A. 9758
of claims act relating to prisoner litigation reform, in relation to
extending the expiration of the inmate filing fee provisions of the
civil practice law and rules and the general filing fee provision and
inmate property claims exhaustion requirement of the court of claims
act (Part K); to amend the county law, in relation to wireless commu-
nications service surcharges and to repeal certain provisions of the
county law relating to cellular telephone surcharges (Part L); to
provide a retirement incentive for certain public employees (Part M);
and in relation to providing for the administration of certain funds
and accounts related to the 2002-2003 budget; to amend the state
finance law, chapter 389 of the laws of 1997, relating to the financ-
ing of the correctional facilities improvement fund and the youth
facility improvement fund and to amend the judiciary law, in relation
to the debt reduction reserve fund; to amend the private housing
finance law, in relation to housing program bonds and notes; to amend
the public authorities law, chapter 152 of the laws of 1964, relating
to authorizing the commissioner of general services to contract on
behalf of the state with counties in the state of New York for the
construction of buildings and other public improvements in such coun-
ties and the state finance law, in relation to variable rate debt
instruments; and to amend the public authorities law, in relation to
certain indebtedness; repealing certain provisions of the public
authorities law relating thereto; and providing for the repeal of
certain provisions upon expiration thereof (Part N)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2002-2003
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through N. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Section 807-b of the education law, as added by chapter 766
14 of the laws of 1964, subdivision 1 as amended by chapter 16 of the laws
15 of 1970, subdivision 2 as amended by chapter 258 of the laws of 1983,
16 subparagraphs 4 and 5 of paragraph a of subdivision 3 and subdivision 12
17 as amended by chapter 264 of the laws of 1971, paragraph b of subdivi-
18 sion 3 and subdivisions 5 and 6 as amended by chapter 465 of the laws of
19 1979, subdivision 4 as amended by chapter 225 of the laws of 1979 and
20 subdivision 7 as amended by chapter 40 of the laws of 1965, is amended
21 to read as follows:
22 § 807-b. College fire inspections. 1. It shall be the duty of the
23 college authorities in general charge of the operation of any public or
24 [private] independent college to cause the buildings under the jurisdic-
25 tion of such college containing classroom, dormitory, fraternities,
S. 6256 3 A. 9758
1 sororities, laboratory, physical education, dining or recreational
2 facilities for student use to be inspected at least annually for fire
3 hazards which might endanger the lives of students, teachers and employ-
4 ees therein. Inspections of all public and independent college build-
5 ings, with the exception of those within a city having a population of
6 one million or more, shall be conducted by the state office of fire
7 prevention and control or a designee of the state fire administrator. An
8 inspection report shall be produced by the inspecting agency for each
9 building inspected.
10 2. The annual fire inspection for public and independent colleges
11 shall be made [between the first day of January and the first day of
12 June of every year, and the reports thereof shall be filed by the
13 college authorities in the places required by subdivision five of this
14 section no later than the sixteenth day of June of each year. The annual
15 fire inspection for public colleges shall be made between the first day
16 of June and the last day of May of every year, and the reports thereof
17 shall be filed by the college authorities in the places required by
18 subdivision five of this section no later than ninety days after the
19 date of the fire inspection] when the college is in session.
20 3. [a. The college authorities shall cause any fire inspection pursu-
21 ant to this section to be made by one of the following methods, or any
22 combination of such methods:
23 (1) Employing, either regularly or specially, persons who, in the
24 judgment of the college authorities, are qualified to make such an
25 inspection or any phase thereof.
26 (2) Contracting for the making of such inspections, or any phase ther-
27 eof, by persons who, in the judgment of the college authorities, are
28 qualified.
29 (3) Requesting inspection by the fire department of any city, town,
30 village or fire district in which the building is located.
31 (4) Requesting inspection by a fire corporation which is subject to
32 the provisions of section fourteen hundred two of the not-for-profit
33 corporation law, if such building is located within the area described
34 in the certificate of incorporation of any such corporation.
35 (5) Requesting inspection by the county fire coordinator, or the offi-
36 cer performing the powers and duties of a county fire coordinator pursu-
37 ant to a local law, of the county in which the building is located, or
38 by any deputy county fire coordinator or deputy of such other officer so
39 performing the powers and duties of a county fire coordinator designated
40 to make the inspection by the county fire coordinator or such other
41 officer so performing the powers and duties of a county fire coordina-
42 tor, if the building is located outside a city, town, village, or fire
43 district, which has its own fire department and outside the area
44 described in the certificate of incorporation of any fire corporation
45 which is subject to the provisions of section fourteen hundred two of
46 the not-for-profit corporation law.
47 b. No such inspection, or phase thereof, is to be made by either of
48 the methods specified in subparagraphs (1) and (2) of paragraph a of
49 this subdivision, until after the college authorities have requested a
50 fire inspection by the methods of subparagraph (3), (4) or (5) of para-
51 graph a of this subdivision and the persons or agencies empowered to
52 perform such inspections pursuant to those subparagraphs have failed to
53 do so within a reasonable time after such request was made and the
54 college authorities shall give reasonable notice of the date and time
55 such inspection is to be made to the chief, or other comparable officer,
56 of any fire department, or fire corporation, which has the regular duty
S. 6256 4 A. 9758
1 of fighting fire in the building to be inspected. Such officer, or any
2 subordinate designated by him, may be present during the inspection and
3 may also file a report of inspection in the manner provided in this
4 section. The provisions of this subdivision shall not apply to college
5 authorities of public colleges which are annually inspected by the divi-
6 sion of fire prevention and control within the department of state.
7 c. If any fire department or fire corporation described in subpara-
8 graphs (3) and (4) of paragraph a of this subdivision shall fail or
9 refuse to make a fire inspection promptly after having been requested to
10 do so by the college authorities, the college authorities may request
11 the county fire coordinator, or the officer performing the powers and
12 duties of a county fire coordinator pursuant to a local law, of the
13 county in which the building is located to make such inspection. If such
14 county fire coordinator or such other officer so performing the powers
15 and duties of a county fire coordinator shall fail or refuse to make a
16 fire inspection promptly after having been requested to do so by the
17 college authorities, it shall be the duty of the college authorities to
18 cause such fire inspection to be made by either method described in
19 subparagraph (1) or (2) of paragraph a of this subdivision.
20 d. Regardless of the method or methods used to accomplish the
21 inspection required by this section, the person making the inspection
22 shall file the report thereof with the college authorities no later than
23 the first day of June] The office of fire prevention and control is
24 authorized to adopt rules and regulations establishing minimum standards
25 for the content and frequency of such inspections in order to ensure
26 compliance with applicable fire safety standards. In the event
27 violations of applicable codes, rules and regulations pertaining to fire
28 safety are found during inspections, the office of fire prevention and
29 control is authorized to take appropriate actions to ensure that
30 violations are promptly remedied.
31 4. The state fire administrator shall prescribe the [form] format of
32 the fire inspection report [and the commissioner of education shall
33 furnish a supply of such form to college authorities]. In prescribing
34 such [form] format the state fire administrator shall consider standards
35 for fire safety set forth in the [state building construction code, the
36 state building conservation and fire prevention] uniform fire prevention
37 and building code and other applicable fire safety standards.
38 5. [The] Within ninety days of completing such inspection, the office
39 of fire prevention and control or its designee shall file a copy of the
40 report [of any fire inspection shall be filed in] with the office of the
41 college authorities and with the commissioner [of education]. All such
42 reports so filed [in any public office] shall be kept as [public]
43 records for at least three years after which period they may be
44 destroyed. [In the case of fire reports prepared by persons making such
45 inspections pursuant to paragraph b of subdivision three of this
46 section, one] A copy of such report shall also be filed with the [divi-
47 sion of fire prevention and control, one copy with the county fire coor-
48 dinator and one copy with the] chief, or other comparable officer, of
49 any fire department or fire corporation which has the regular duty of
50 fighting fire in the building inspected.
51 6. [It shall be the duty of the commissioner of education to ascertain
52 annually whether the inspections of buildings under the jurisdiction of
53 a college required by this section have been made and the reports of the
54 inspection have been filed in their respective offices. The commission-
55 er of education shall review the reports of inspection filed pursuant to
56 this section and may] The office of fire prevention and control or its
S. 6256 5 A. 9758
1 designee shall make recommendations to the college authorities with
2 respect to any problems relating to building fire safety noted in such
3 reports. The commissioner [of education] may inspect or cause to be
4 inspected at any reasonable time for fire prevention and fire protection
5 purposes the buildings required to be inspected by this section. The
6 commissioner [of education] may impose a fine of up to five hundred
7 dollars per day upon any public or independent college which fails to
8 [timely comply with the filing requirements of this section] remedy, to
9 the satisfaction of the office of fire prevention and control, any
10 violation noted in a report within thirty days of receiving a copy of
11 such report.
12 7. Every public or [private] independent college building required to
13 be inspected [as hereinabove provided] by the office of fire prevention
14 and control or its designee may also be [inspected] examined for [fire
15 prevention and] fire protection purposes at any reasonable time by
16 a. the chief of the fire department of the city, town, village or fire
17 district in which the college building is located,
18 b. the chief of a fire corporation having its headquarters outside a
19 village or fire district, if the college building is located in the area
20 described in the certificate of incorporation of such company,
21 c. the chief of the fire department or fire company affording fire
22 protection to a fire district, fire protection district, or fire alarm
23 district pursuant to a contract, if the college building is located in
24 any such district,
25 d. the member of any fire department or fire company listed in para-
26 graphs a, b or c of this subdivision assigned by the chief [thereof the
27 duty of inspecting college buildings].
28 8. Any person, or any public or other corporation for which any such
29 persons acts, shall not be liable for any error, omission or lack of
30 thoroughness in the making of the inspection and report required or
31 permitted by this section.
32 9. The term "college authorities", as used in this section, means the
33 board of trustees, board of directors, or other governing board in
34 general charge of the operation of any such college.
35 10. The term "public college" shall [means] mean and include "state-
36 operated institutions", "statutory or contract colleges" and "community
37 colleges" as defined in section three hundred fifty of this chapter.
38 11. The term "[private] independent college" shall mean colleges other
39 than those included within subdivision ten of this section.
40 [12. This section shall not apply to buildings under the jurisdiction
41 of a college located in the cities of New York, Buffalo, Rochester,
42 Syracuse, Yonkers and Albany.]
43 § 2. The executive law is amended by adding a new section 156-d to
44 read as follows:
45 § 156-d. College fire safety. 1. Notwithstanding the provisions of any
46 law to the contrary, the office of fire prevention and control, by and
47 through the state fire administrator or their duly authorized officers
48 and employees, shall have the responsibility to annually inspect build-
49 ings under the jurisdiction of public colleges and independent colleges,
50 as these terms are defined in section eight hundred seven-b of the
51 education law, for compliance with and violations of the uniform fire
52 prevention and building code; or any other applicable code, rule or
53 regulation pertaining to fire safety. Buildings subject to inspection
54 are all buildings under the jurisdiction of such colleges used for
55 classroom, dormitory, fraternity, sorority, laboratory, physical educa-
56 tion, dining, recreational or other purposes.
S. 6256 6 A. 9758
1 2. a. The office of fire prevention and control shall have the power
2 to issue a notice of violation and orders requiring the remedying of any
3 condition found to exist in, on or about any such building which
4 violates the uniform fire prevention and building code, or any other
5 code, rule or regulation pertaining to fire safety, fire safety equip-
6 ment and fire safety devices. Such office is further authorized to
7 promulgate regulations regarding the issuance of violations, compliance
8 with orders, and providing for time for compliance, reinspection proce-
9 dures, and issuance of certificates of conformance.
10 b. Where any college authority in general charge of the operation of
11 any public or independent college buildings is served personally or by
12 registered or certified mail with an order of the office of fire
13 prevention and control to remedy any violation and fails to comply with
14 such order immediately or within such other time as specified in the
15 order, the office of fire prevention and control may avail itself of any
16 or all of the following remedies: (1) assess a civil penalty of up to
17 five hundred dollars per day until the violation is corrected; (2) order
18 immediate closure of the building, buildings or parts thereof where a
19 violation exists that poses an imminent threat to public health and
20 safety; (3) exercise all of the authority conferred upon the secretary
21 of state pursuant to article eighteen of this chapter to obtain compli-
22 ance with its orders; or (4) refer violations to the appropriate local
23 government authorities for enforcement pursuant to article eighteen of
24 this chapter.
25 c. The office of fire prevention and control by and through the secre-
26 tary of state is authorized to commence necessary proceedings in a court
27 of competent jurisdiction seeking enforcement of any of its orders and
28 payment of assessed penalties.
29 3. a. Except as provided herein, any county, city, town or village,
30 pursuant to resolution of their respective legislative bodies, may apply
31 to the office of fire prevention and control for delegation of all or
32 part of the duties, rights and powers conferred upon the office of fire
33 prevention and control by this section and section eight hundred seven-b
34 of the education law. Upon acceptable demonstration of adequate capa-
35 bility, resources and commitment on the part of the applicant local
36 government, the office of fire prevention and control may make such
37 delegation, in which case the local government shall also have all of
38 the rights, duties and powers provided to local governments in article
39 eighteen of this chapter and in any city charter or code. The authority
40 granted in this section to assess civil penalties, order closure of
41 buildings and take action possessed by the secretary of state under
42 article eighteen of this chapter, shall not be delegated to the local
43 government. Such powers shall continue in the office of fire prevention
44 and control which may exercise them in the case of violations, on its
45 own volition or at the request of the delegee local government. The
46 delegation shall expire after three years, and may be renewed at the
47 discretion of the office of fire prevention and control. All inspection
48 reports conducted pursuant to a delegation of authority shall be prompt-
49 ly filed with the office of fire prevention and control. In the event
50 any such report is not filed or reasonable grounds exist to believe that
51 inspections or enforcement are inadequate or ineffective, the office of
52 fire prevention and control may revoke the delegation or continue it
53 subject to terms and conditions specified by the office of fire
54 prevention and control.
55 b. The authorities in a city having a population of one million or
56 more shall exercise all of the rights, powers and duties pertaining to
S. 6256 7 A. 9758
1 inspection of independent and public college buildings and enforcement
2 provided in this section and section eight hundred seven-b of the educa-
3 tion law, without impairing any existing authority of such city. A copy
4 of all inspection reports shall be filed with the office of fire
5 prevention and control by the authorities conducting inspections.
6 § 3. The penal law is amended by adding three new sections 145.75,
7 145.80 and 145.85 to read as follows:
8 § 145.75 Tampering with a fire protection device; fire protection device
9 defined.
10 For the purposes of sections 145.80 and 145.85 of this article, "fire
11 protection device" means any apparatus that is designed to detect a
12 fire, activate a fire alarm, extinguish or control a fire, control or
13 manage smoke or products of a fire, or any combination thereof, includ-
14 ing, but not limited to, an alarm bell, alarm sounding device, pull
15 station or other manual alarm initiating device, single station fire,
16 smoke or carbon monoxide detector, integrated fire or smoke detector
17 system, individual sprinkler head, integrated sprinkler system, stand
18 pipe, stand pipe system, portable fire extinguisher, fire emergency
19 hose, fire hydrant, fire hydrant system, fire warning, directional or
20 assistive sign or light.
21 § 145.80 Tampering with a fire protection device in the second degree.
22 A person is guilty of tampering with a fire protection device in the
23 second degree when, having no right to do so nor any reasonable ground
24 to believe that he or she has such right, such person knowingly damages,
25 alters or removes a fire protection device or a component thereof, under
26 circumstances evincing knowledge that such conduct may increase a risk
27 of physical injury to, or damage to the property of, another person.
28 Tampering with a fire protection device in the second degree is a
29 class A misdemeanor.
30 § 145.85 Tampering with a fire protection device in the first degree.
31 A person is guilty of tampering with a fire protection device in the
32 first degree when he or she commits the crime of tampering with a fire
33 protection device in the second degree and:
34 1. has previously been convicted of the crime of tampering with a fire
35 protection device in the first or second degree or a crime defined in
36 section 120.20, 120.25, 145.00, 145.05, 145.10, 145.12, 150.05, 150.10,
37 150.15 or 150.20 of this chapter; or
38 2. another person is physically injured as a result thereof; or
39 3. the property of another person is damaged in an amount exceeding
40 two hundred fifty dollars as a result thereof.
41 Tampering with a fire protection device in the first degree is a class
42 E felony.
43 § 4. This act shall take effect January 1, 2003, provided that the
44 office of fire prevention and control shall have the authority to adopt
45 such rules and regulations and take any actions in advance of such date
46 which are necessary to implement the provisions of this act.
47 PART B
48 Section 1. Subdivision 2 of section 43-0125 of the environmental
49 conservation law, as added by chapter 617 of the laws of 1987, is
50 amended to read as follows:
51 2. The following annual fees to be paid to the commission are hereby
52 established:
53 (a) Dock, wharf and mooring fees. The owner of a dock, wharf or moor-
54 ing within the park used for non-commercial residential purposes shall
S. 6256 8 A. 9758
1 pay an annual fee of [twenty-five] thirty-seven dollars and fifty cents.
2 The owner of a dock or wharf within the park used for commercial
3 purposes shall pay an annual fee of [two] three dollars and [fifty]
4 seventy-five cents per linear foot for each such dock. The owner of a
5 mooring used for commercial purposes shall pay an annual fee of [fifty]
6 seventy-five dollars for each mooring. New docks constructed for commer-
7 cial use after the effective date of this section shall pay a first time
8 fee of [five] seven dollars and fifty cents per linear foot and [two]
9 three dollars and [fifty] seventy-five cents per linear foot annually
10 thereafter.
11 (b) Boat fees. In addition to the registration required by the state,
12 any mechanically propelled boat or vessel with ten horsepower or more
13 and any non-mechanically propelled boat or vessel eighteen feet or more
14 in length used within the park shall have an annual permit issued by the
15 commission. The fee therefor for boats twenty feet or less in length
16 overall shall be [twenty] thirty dollars; for boats twenty-one to twen-
17 ty-five feet in length overall, [twenty-five] thirty-seven dollars and 18 fifty cents; and for boats over twenty-five feet in length overall,
19 [twenty-five] thirty-seven dollars and fifty cents and [five] seven
20 dollars and fifty cents for each foot by which the length overall
21 exceeds twenty-five feet; for boats over twenty-five feet in length
22 overall outfitted for overnight use, [twenty-five] thirty-seven dollars
23 and fifty cents and [twenty] thirty dollars for each foot by which the
24 overall length exceeds twenty-five feet. The commission may establish a
25 one week use permit for eleven dollars and twenty-five cents. The
26 commission may establish a one day use permit for [five] seven dollars
27 and fifty cents for any mechanically propelled boat or vessel [with less
28 than twenty-five horsepower] or nonmechanically propelled boat or vessel
29 subject to the annual fee.
30 § 2. This act shall take effect April 1, 2002; provided, however, if
31 this act shall become a law after such date it shall take effect imme-
32 diately and shall be deemed to have been in full force and effect on and
33 after April 1, 2002.
34 PART C
35 Section 1. Subdivision 2 of section 159-e of the executive law, as
36 amended by chapter 710 of the laws of 1983, is amended to read as
37 follows:
38 2. "Eligible entity" shall mean any organization which was officially
39 designated as a community action agency or a community action program
40 under the provisions of section two hundred ten of the economic opportu-
41 nity act of 1964 for fiscal year 1981, unless such community action
42 agency or a community action program lost its designation under section
43 two hundred ten of such act as a result of a failure to comply with the
44 provisions of such act. Such eligible entity shall have a governing
45 board which is constituted so as to assure that one-third of the members
46 of the board are elected public officials, currently holding office, or
47 their representatives, [to be selected by the chief elected officials of
48 the state or local government or combination thereof, who possess the
49 authority to designate an eligible entity pursuant to this article,]
50 except that if the number of elected officials reasonably available and
51 willing to serve is less than one-third of the membership of the board,
52 membership on the board of appointive public officials may be counted in
53 meeting such one-third requirements[. At]; at least one-third of the
54 members are persons chosen in accordance with any democratic selection
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1 procedure which assures maximum feasible participation of poor persons
2 residing in the area to be served by the eligible entity; and the
3 remainder of the members are representatives of interest groups and
4 private organizations within the community to be served, including but
5 not limited to social service agencies, educational institutions, busi-
6 ness, industrial, labor, law enforcement, and religious organizations.
7 § 2. Section 159-i of the executive law, as amended by chapter 360 of
8 the laws of 2001, is amended to read as follows:
9 § 159-i. Distribution of funds. [For federal fiscal year two thousand
10 two at] At least ninety percent of the community services block grant
11 funds received by the state shall be distributed pursuant to a contract
12 by the secretary to grantees as defined in subdivision one of section
13 one hundred fifty-nine-e of this article. Each such grantee shall
14 receive the same proportion of community services block grant funds as
15 was the proportion of funds received in federal fiscal year nineteen
16 hundred eighty-one by such grantee under the federal community services
17 administration program account numbers 01 and 05 pursuant to section two
18 hundred twenty-one of title II and for migrant and seasonal farm worker
19 organizations pursuant to section two hundred twenty-two of title II of
20 the economic opportunity act of 1964, as amended, as compared to the
21 total amount received by all grantees in the state, under the federal
22 community services administration program account numbers 01 and 05
23 pursuant to section two hundred twenty-one of title II and for migrant
24 and seasonal farm worker organizations pursuant to section two hundred
25 twenty-two of title II of such act in federal fiscal year nineteen
26 hundred eighty-one.
27 [For federal fiscal year two thousand two the] The secretary shall,
28 pursuant to section one hundred fifty-nine-h of this article, retain not
29 more than five percent of the community services block grant funds for
30 administration at the state level.
31 [For federal fiscal year two thousand two the] The remainder of the
32 community services block grant funds received by the state shall be
33 distributed pursuant to a contract by the secretary in the following
34 order of preference: a sum of up to one-half of one percent of the
35 community services block grant funds received by the state to Indian
36 tribes and tribal organizations as defined in this article, on the basis
37 of need; [community action agencies] eligible entities established [in]
38 subsequent to federal fiscal year nineteen hundred eighty-three; [coun-
39 ties which do not have a community action agency in existence and seek
40 to establish an organization which is consistent with the objectives of
41 an eligible entity; limited purpose agencies which had received funding
42 during federal fiscal year nineteen hundred eighty-one under section two
43 hundred twenty-one, section two hundred twenty-two(a)(4) or section two
44 hundred thirty-two of title II of the economic opportunity act of 1964,
45 as amended;] and community based organizations.
46 § 3. This act shall take effect April 1, 2002; provided, however, if
47 this act shall become a law after such date it shall take effect imme-
48 diately and shall be deemed to have been in full force and effect on and
49 after April 1, 2002; provided, however, that the amendments to subdivi-
50 sion 2 of section 159-e and section 159-i of the executive law made by
51 sections one and two of this act shall not affect the expiration of such
52 sections as provided by section 5 of chapter 728 of the laws of 1982, as
53 amended, and shall be deemed to expire therewith.
54 PART D
S. 6256 10 A. 9758
1 Section 1. Subdivisions 1, 5, 6 and 10 of section 18 of the state
2 finance law, as added by chapter 55 of the laws of 1992, are amended to
3 read as follows:
4 1. As used in this section: (a) "state agency" shall mean any state
5 department, board, bureau, division, commission, committee, public
6 authority, public benefit corporation, council, office, or other govern-
7 mental entity performing a governmental or proprietary function for the
8 state; (b) "debt" shall mean any liquidated sum due and owing any state
9 agency which has accrued pursuant to law or through contract, subroga-
10 tion, tort or other cause of action, except a liability resulting from
11 taxes or other impositions administered by the state commissioner of
12 taxation and finance, regardless of whether there is an outstanding
13 judgment for that sum; [and] (c) "debtor" shall mean any individual,
14 business, or other entity, which is not a state agency, municipal corpo-
15 ration or district corporation, having a debt with any state agency; (d)
16 "liquidated" shall mean an amount which is fixed or certain or capable
17 of being readily calculated, whether or not the underlying liability or
18 amount of the debt is disputed; and (e) "outstanding" debt shall mean
19 the amount set forth in the billing invoice or notice mailed to the
20 debtor, together with late payment charges and interest, less any
21 payments made by or on behalf of the debtor.
22 5. In addition to the charges referred to in subdivision four of this
23 section, and unless provided otherwise by contract, statute or regu-
24 lation, a debtor that fails to make payment of a debt subject to this
25 section within ninety days of receipt by the debtor of the first billing
26 invoice or notice may be assessed an additional collection fee charge[,
27 not to exceed twenty-two percent of the outstanding debt which is owed,
28 by a state agency] to cover the cost of processing, handling and
29 collecting such debt, not to exceed twenty-two percent of the outstand-
30 ing debt, which collection fee shall be added to and payable in the same
31 manner as the outstanding debt. The assessed collection fee charge may
32 not exceed the agency's estimated cost of processing, handling and
33 collecting such debt.
34 6. Any interest or late payment charges assessed pursuant to this
35 section shall be paid upon notice and demand and shall be treated and
36 collected in the same manner as the original debt which is due and owing
37 and shall be collected by a state agency when such agency deems
38 collection to be administratively practical and cost-effective. Any
39 collection fee charges assessed pursuant to this section shall be paid
40 upon notice and demand and shall be collected by a state agency when
41 such agency deems collection to be administratively practical and cost-
42 effective. In any action brought by or on behalf of a state agency to
43 recover an outstanding debt, a demand for collection fee charges may be
44 set forth in the statement of damages sought.
45 10. Every state agency to which this section is applicable is author-
46 ized to enter into written agreements with any debtor under which such
47 debtor is allowed to satisfy liability for payment of any debt, includ-
48 ing any interest imposed by this section on that portion of such debt as
49 to which an extension is granted, in installment payments if the state
50 agency determines that such agreement will facilitate collection of such
51 liability. Provided [futher] further, that where such state agency
52 determines that immediate collection of the debt would jeopardize the
53 debtor's fiscal viability and thereby pose a hardship to the public,
54 such agency shall offer to enter into a written agreement to temporarily
55 defer collection of the debt, collect the debt on an installment basis,
S. 6256 11 A. 9758
1 or make other reasonable arrangements to reduce such hardship on the
2 public of collecting the debt.
3 § 2. This act shall take effect immediately and shall apply to any
4 action or proceeding pending or commenced on or after such date.
5 PART E
6 Section 1. Subdivisions 9, 10 and 11 of section 441-a of the real
7 property law, as added by chapter 61 of the laws of 1989, are amended to
8 read as follows:
9 9. [Except for changes made on a renewal application, the fee for
10 changing an address on a license shall be ten dollars.
11 10.] Except for changes made on a renewal application, the fee for
12 changing a name or for changing the status of a real estate broker's
13 license shall be one hundred fifty dollars. [The fee for changing a
14 salesperson's name shall be fifty dollars.
15 11] 10. If a real estate salesperson shall leave the service of a real
16 estate broker, the real estate broker shall file a termination of asso-
17 ciation notice on such form as secretary may designate. [The fee for
18 terminating the record of association shall be ten dollars.] The
19 salesperson's license may be endorsed to a new sponsoring broker upon
20 the establishment of a new record of association filed with the depart-
21 ment of state. [The fee for filing a record of association shall be ten
22 dollars.]
23 § 2. Subdivisions 1 and 1-A of section 441-b of the real property law,
24 subdivision 1 as amended by chapter 324 of the laws of 1998 and subdivi-
25 sion 1-A as amended by section 12 of part B of chapter 411 of the laws
26 of 1999, are amended to read as follows:
27 1. The fee for a license issued or reissued under the provisions of
28 this article entitling a person, co-partnership, limited liability
29 company or corporation to act as a real estate broker shall be one
30 hundred [fifty] seventy-five dollars. The fee for a license issued or
31 reissued under the provisions of this article entitling a person to act
32 as a real estate salesman shall be [fifty] sixty dollars. [Notwith-
33 standing the provisions of subdivision seven of section four hundred
34 forty-one-a of this article, after January first, nineteen hundred
35 eighty-six, the secretary of state shall assign staggered expiration
36 dates for outstanding licenses that have been previously renewed on
37 October thirty-first of each year from the assigned date unless renewed.
38 If the assigned date results in a term that exceeds twenty-four months,
39 the applicant shall pay an additional prorated adjustment together with
40 the regular renewal fee. The secretary of state shall assign dates to
41 existing licenses in a manner which shall result in a term of not less
42 than two years.]
43 1-A. The fee for a person to take an examination offered by the secre-
44 tary of state pursuant to this article shall be [fifteen] twenty-five
45 dollars. Fees collected by the department of state pursuant to this
46 article shall be deposited to the credit of the business and licensing
47 services account established pursuant to section ninety-seven-y of the
48 state finance law.
49 § 3. Subdivisions 2, 3 and 5 of section 446-b of the real property
50 law, subdivision 2 as amended by chapter 61 of the laws of 1989 and
51 subdivisions 3 and 5 as amended by chapter 805 of the laws of 1980, are
52 amended to read as follows:
S. 6256 12 A. 9758
1 2. The application for such license shall be filed in the office of
2 the secretary of state on such forms as the secretary may prescribe and
3 shall be accompanied by a fee of four hundred thirty-five dollars.
4 3. When the apartment information vendor maintains more than one place
5 of business, he shall apply for and the secretary shall issue a supple-
6 mental license for each branch office so maintained upon payment of a
7 fee of two hundred [fifty] seventy-five dollars for each supplemental
8 license so issued. Supplemental licenses shall be conspicuously
9 displayed in each branch office. The display of an expired license by
10 any person, firm, partnership or corporation is a violation of the
11 provisions of this article.
12 5. Any license granted under the provisions hereof may be renewed for
13 one year by the secretary upon application therefor by the holder, in
14 such form as the secretary may prescribe, and payment of a two hundred
15 [fifty] seventy-five dollar fee for such license. The secretary may
16 dispense with the requirement for the filing of such statements as was
17 contained in the original application for license.
18 § 4. Subdivision 5 of section 69-o of the general business law, as
19 amended by chapter 575 of the laws of 1993, is amended to read as
20 follows:
21 5. There shall be an examination fee of [fifteen] twenty-five dollars.
22 § 5. Section 69-r of the general business law, as amended by chapter
23 575 of the laws of 1993, is amended to read as follows:
24 § 69-r. Fees. 1. The fee for a license to engage in the business of
25 installing, servicing or maintaining security or fire alarm systems
26 shall be two hundred twenty-five dollars plus an amount to be determined
27 by the division of criminal justice services to cover the cost of the
28 division's fingerprint search and report. For each renewal thereof, the
29 fee shall be one hundred twenty-five dollars plus an amount to be deter-
30 mined by the division of criminal justice services to cover the cost of
31 the division's fingerprint search and report.
32 2. The fee for taking an examination under this article shall be
33 [fifteen] twenty-five dollars; provided, however, that if the applicant
34 qualifies for a license as the result of such examination, the fee paid
35 for the privilege of taking such examination shall be included in the
36 license fee for the license issued to him thereon.
37 3. The fee for issuing a duplicate license in substitution for one
38 lost, destroyed or mutilated shall be twenty-five dollars.
39 4. [The fee for changing a name or address shall be ten dollars.
40 5.] The fees hereinabove set forth shall be those for licenses issued
41 for the license period of two years or fraction of such period.
42 § 6. Subdivision 5 of section 74 of the general business law is
43 REPEALED.
44 § 7. Paragraphs (a) and (c) of subdivision 1 of section 74 of the
45 general business law, as amended by chapter 562 of the laws of 2000, are
46 amended to read as follows:
47 (a) The application shall be accompanied by a non-refundable fee,
48 payable to the department of state for the use of the state, for each
49 certificate of license, as herein below enumerated, issued to the appli-
50 cant, if the applicant be an individual, of four hundred thirty-five
51 dollars for a license as private investigator or bail enforcement agent
52 or a fee of three hundred thirty-five dollars for a license as watch,
53 guard or patrol agency, or if the applicant be a firm, partnership,
54 limited liability company or corporation, a fee of five hundred thirty-
55 five dollars for a license as private investigator or bail enforcement
S. 6256 13 A. 9758
1 agent or a fee of four hundred thirty-five dollars for a license as
2 watch, guard or patrol agency.
3 (c) The secretary of state shall receive a non-refundable examination
4 fee of [fifteen] twenty-five dollars from each person who takes an exam-
5 ination to qualify for application for licensure pursuant to this arti-
6 cle. Fees paid to the department of state pursuant to this article shall
7 be deposited in the business and licensing services account established
8 pursuant to section ninety-seven-y of the state finance law.
9 § 8. Subdivision 2 of section 89-ddd of the general business law, as
10 added by chapter 557 of the laws of 1997, is amended to read as follows:
11 2. Upon original application for a license to operate as an armored
12 car carrier, the applicant shall pay an application fee in the amount of
13 three hundred thirty-five dollars. Upon application for a license
14 renewal, the licensee shall pay a renewal processing fee in the amount
15 of three hundred thirty-five dollars.
16 § 9. Subdivision 7 of section 89-rrr of the general business law, as
17 added by chapter 557 of the laws of 1997, is amended to read as follows:
18 7. An application processing fee of [fifty] sixty dollars and a fee
19 pursuant to subdivision eight-a of section eight hundred thirty-seven of
20 the executive law, and amendments thereto, for the cost of the divi-
21 sion's full search and retain procedures, which fee shall be remitted by
22 the department to the division for deposit by the comptroller into the
23 general fund.
24 § 10. Subdivision 1 of section 89-m of the general business law, as
25 added by chapter 336 of the laws of 1992, is amended to read as follows:
26 1. Registration cards shall expire two years from the date of issuance
27 or last renewal as the case may be. Not less than sixty nor more than
28 ninety days prior to the expiration date of a registration card, the
29 department shall mail to each registrant at his last known address,
30 notice of renewal and a registration renewal form. Registration cards
31 shall not be renewed unless not more than sixty nor less than thirty
32 days prior to the expiration date of the registration card, the holder
33 submits to the department, a registration renewal form sworn to or
34 affirmed by the holder under the penalty of perjury together with a
35 biennial renewal fee in the amount of [twenty-five] thirty-six dollars
36 payable to the department and a certificate certifying that the holder
37 has satisfactorily completed the required annual in-service training
38 courses as prescribed by the commissioner pursuant to subdivision one of
39 section eight hundred forty-one-c of the executive law. Unless the
40 department determines the existence of facts which would constitute
41 cause for denial, revocation or suspension of the registration card
42 pursuant to this article, it shall renew the registration card. Denial
43 of renewal hereunder shall be reviewable by an administrative hearing as
44 set forth in section seventy-nine of this chapter. The [twenty-five]
45 thirty-six dollar biennial renewal fee collected by the department shall
46 be deposited to the business and licensing [examinations] services
47 account established pursuant to the provisions of section [97-aa] nine-
48 ty-seven-y of the state finance law. Notice that a registration card has
49 expired or has not been renewed pursuant to this section shall be given
50 by the secretary to the holder of such registration card and to the
51 security guard company by which such holder was employed at the time of
52 such expiration or non-renewal.
53 § 11. Section 386 of the general business law, as amended by chapter
54 249 of the laws of 1999, is amended to read as follows:
S. 6256 14 A. 9758
1 § 386. Fees. 1. Every manufacturer of new or used bedding and each
2 repairer-renovator or rebuilder of bedding shall pay a registration fee
3 of one hundred [fifty] seventy-five dollars to the department of state.
4 2. Every person engaged in the sale of used bedding shall pay a regis-
5 tration fee of one hundred twenty-five dollars to the department of
6 state.
7 § 12. Section 409 of the general business law, as added by chapter 509
8 of the laws of 1992, subdivision 1 as amended by chapter 341 of the laws
9 of 1998 and subdivision 3 as amended by section 9 of part B of chapter
10 411 of the laws of 1999, is amended to read as follows:
11 § 409. Fees. 1. The non-refundable fee for an application for a
12 license to engage in the practice of nail specialty, waxing, natural
13 hair styling, esthetics or cosmetology, shall be [twenty] twenty-five
14 dollars initially and for each renewal thereof the fee shall be [twenty]
15 twenty-five dollars; the fee for a temporary license and each renewal
16 shall be [ten] fifteen dollars.
17 2. The fee for an appearance enhancement business license shall be
18 [thirty] thirty-five dollars initially and [thirty] thirty-five dollars
19 for each renewal thereof.
20 3. The secretary shall receive a non-refundable examination fee of
21 [fifteen] twenty-five dollars from each person who takes a written or
22 practical examination pursuant to this article. Fees collected pursuant
23 to this article shall be deposited to the credit of the business and
24 licensing services account established pursuant to the provisions of
25 section ninety-seven-y of the state finance law.
26 4. The fee for issuing a duplicate license certificate, in substi-
27 tution for one lost, destroyed or mutilated shall be ten dollars.
28 5. [The fee for changing a name on an appearance enhancement business
29 license shall be thirty dollars.
30 6. The fee for changing the address on a license shall be ten dollars.
31 7.] The fees herein set forth shall be those for licenses issued for
32 the license period of two years.
33 § 13. Subdivision 2 of section 421 of the general business law, as
34 added by chapter 402 of the laws of 1998, is amended to read as follows:
35 2. Upon original application for a license to operate as a coin
36 processor, the applicant shall pay an application fee, in such amount as
37 may be determined by the secretary, not to exceed three hundred thirty-
38 five dollars. Upon application for a license renewal, the licensee
39 shall pay a renewal processing fee in such amount as shall be determined
40 by the secretary, not to exceed three hundred thirty-five dollars.
41 § 14. Section 440 of the general business law, as amended by chapter
42 61 of the laws of 1989, is amended to read as follows:
43 § 440. Fees. 1. The fee for a license to engage in the practice of
44 barbering shall be [twenty] twenty-five dollars and for each renewal
45 thereof the fee shall be [twenty] twenty-five dollars.
46 2. The fee for a license to conduct a barber shop shall be [thirty]
47 thirty-five dollars and for each renewal thereof the fee shall be [thir-
48 ty] thirty-five dollars.
49 3. The fee for taking a written or practical examination under this
50 article shall be [fifteen] twenty-five dollars.
51 4. The fee for the registration or the renewal of the registration of
52 an apprentice shall be [ten] fifteen dollars.
53 5. The fee for issuing a duplicate license in substitution for one
54 lost, destroyed or mutilated shall be ten dollars.
55 6. [The fee for changing a name on a license shall be thirty dollars.
56 7. The fee for changing the address on a license shall be ten dollars.
S. 6256 15 A. 9758
1 8.] The fees hereinabove set forth shall be those for licenses issued
2 for the license period of two years. [Notwithstanding the provisions of
3 subdivision one of section four hundred thirty-nine of this article,
4 after January first, nineteen hundred eighty-six, the secretary of state
5 shall assign staggered expiration dates for outstanding licenses that
6 have been previously renewed on June thirtieth of each year and such
7 licenses shall thereafter expire two years from the assigned date unless
8 renewed. If the assigned date results in a term that exceeds twenty-four
9 months, the applicant shall pay an additional prorated adjustment
10 together with the regular renewal fee. The secretary of state shall
11 assign dates to existing licenses in a manner which shall result in a
12 term of not less than two years.]
13 § 15. Subdivision 1 of section 750-g of the general business law, as
14 added by chapter 526 of the laws of 1992, is amended to read as follows:
15 1. The fee for a license to engage in the business of operating a pet
16 cemetery or pet crematorium shall be one hundred [fifty] seventy-five
17 dollars. For each renewal thereof, the fee shall be one hundred [fifty]
18 seventy-five dollars.
19 § 16. Subdivision 3 of section 750-g of the general business law is
20 REPEALED and subdivisions 4 and 5 are renumbered subdivisions 3 and 4.
21 § 17. Section 797 of the general business law, as added by chapter 599
22 of the laws of 1998 and the opening paragraph as amended by chapter 133
23 of the laws of 1999, is amended to read as follows:
24 § 797. Fees. The secretary shall receive the following fees to be
25 deposited into a special revenue fund - other entitled the "hearing aid
26 dispensers account" for the implementation, operation and enforcement of
27 this article:
28 1. a nonrefundable fee of fifty dollars from each person who takes the
29 required examination or any component thereof pursuant to this article;
30 2. for an individual certificate of registration, one hundred [fifty]
31 seventy-five dollars and for the renewal of such registration, one
32 hundred twenty-five dollars;
33 3. for a business certificate of registration and renewal thereof:
34 (a) for a business certificate of registration for each permanent
35 business location with ten or less employees, one hundred [fifty] seven-
36 ty-five dollars and for the renewal of such registration, one hundred
37 twenty-five dollars;
38 (b) for a business certificate of registration for each permanent
39 business location with more than ten employees, two hundred twenty-five
40 dollars and for the renewal of such registration, one hundred [fifty]
41 seventy-five dollars;
42 4. for a temporary certificate of registration, [thirty] thirty-five
43 dollars and for the renewal of such registration, [thirty] thirty-five
44 dollars;
45 5. [for filing a change of business address or change of name of the
46 registrant whether individual or business, ten dollars;
47 6.] for a duplicate certificate of registration, ten dollars;
48 [7]6. except fees associated with a temporary certificate of registra-
49 tion the fees set forth shall be those for registrations issued for a
50 period of two years; and
51 [8]7. employees of a not-for-profit corporation doing business in this
52 state who are required to register pursuant to this article who are not
53 otherwise engaged in the dispensing of hearing aids for profit shall be
54 exempt from payment of the registration fee required by this section.
S. 6256 16 A. 9758
1 § 18. Subdivisions 3 and 9 of section 131 of the executive law, as
2 amended by chapter 171 of the laws of 2000, are amended to read as
3 follows:
4 3. The secretary of state shall receive a non-refundable application
5 fee of [sixty] seventy dollars from applicants for appointment, which
6 fee shall be submitted together with the application. No further fee
7 shall be paid for the issuance of the commission.
8 9. The county clerk shall receive a non-refundable application fee of
9 [sixty] seventy dollars from each applicant for reappointment, which fee
10 shall be submitted together with the application. No further fee shall
11 be paid for the issuance of the commission.
12 § 19. Subdivision 12 of section 131 of the executive law is REPEALED
13 and a new subdivision 12 is added to read as follows:
14 12. The secretary of state shall receive a non-refundable examination
15 fee of twenty-five dollars from each person who takes an examination to
16 qualify for application for a commission as a notary public pursuant to
17 this article.
18 § 20. Paragraphs a and d of subdivision 1 of section 160-f of the
19 executive law, as amended by chapter 397 of the laws of 1991, are
20 amended to read as follows:
21 a. An application fee for certification and licensing of two hundred
22 [fifty] seventy-five dollars.
23 d. A fee for recertification or renewal of license of two hundred
24 [fifty] seventy-five dollars.
25 § 21. Subdivision 1 of section 160-hh of the executive law, as added
26 by chapter 49 of the laws of 1999, is amended to read as follows:
27 1. The membership of the fund shall be composed of all central
28 dispatch facilities. Each central dispatch facility shall be required,
29 as a condition of doing business within this state, to pay the depart-
30 ment a two hundred twenty-five dollar annual fee for the purpose of
31 registering as a member of the fund and receiving a certificate of
32 registration. Such sums shall be used by the department for the adminis-
33 tration of this article. The initial registration fee shall be due no
34 later than ninety days after the effective date of this article. The
35 department shall have the power to assess an additional fee against each
36 registrant in the amount necessary to provide it with sufficient funds
37 to cover its expenses in performing its duties pursuant to this article.
38 The department shall provide the fund with an updated list of regis-
39 trants on a monthly basis.
40 § 22. This act shall take effect 90 days after it shall have become a
41 law.
42 PART F
43 Section 1. Paragraph (a) of subdivision 2 of section 168-a of the
44 correction law, as amended by chapter 453 of the laws of 1999, is
45 amended to read as follows:
46 (a) a conviction of or a conviction for an attempt to commit any of
47 the provisions of sections 130.20, 130.25, 130.30, 130.40, 130.45,
48 130.52, 130.55, 130.60 and 255.25 or article two hundred sixty-three of
49 the penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law
50 relating to kidnapping offenses, provided the victim of such kidnapping
51 or related offense is less than seventeen years old and the offender is
52 not the parent of the victim, or sections 230.04, where the person
53 patronized is in fact less than seventeen years of age, 230.05 or 230.06
54 or subdivision two of section 230.30 [or], section 230.32 or section
S. 6256 17 A. 9758
1 235.22 of the penal law, or any provisions of the foregoing sections
2 committed or attempted as a hate crime defined in section 485.05 of the
3 penal law or as a crime of terrorism defined in section 490.25 of such
4 law; or
5 § 2. Paragraph (b) of subdivision 2 of section 168-a of the correction
6 law, as amended by chapter 453 of the laws of 1999, is amended to read
7 as follows:
8 (b) a conviction of:
9 (i) an offense in any other jurisdiction which includes all of the
10 essential elements of any such [felony] crime provided for in paragraph
11 (a) of this subdivision [for which a sentence to a term of imprisonment
12 in excess of one year or a sentence of death was authorized in that
13 jurisdiction irrespective of whether such sentence was imposed], or
14 [conviction of]
15 (ii) a felony in any other jurisdiction [for which a sentence to a
16 term of imprisonment in excess of one year or a sentence of death was
17 authorized in that jurisdiction and] for which the offender is required
18 to register as a sex offender in the jurisdiction in which the
19 conviction occurred, or
20 (iii) any of the provisions of 18 U.S.C. 2251, 18 U.S.C. 2251A, 18
21 U.S.C. 2252, 18 U.S.C. 2252A, or 18 U.S.C. 2260.
22 § 3. Paragraphs (a) and (b) of subdivision 3 of section 168-a of the
23 correction law, as amended by chapter 453 of the laws of 1999, are
24 amended to read as follows:
25 (a) a conviction of or a conviction for an attempt to commit any of
26 the provisions of sections 130.35, 130.50, 130.53, 130.65, 130.65-a,
27 130.66, 130.67, 130.70, 130.75 [and], 130.80 and 130.90 of the penal
28 law, or any provisions of the foregoing sections committed or attempted
29 as a hate crime defined in section 485.05 of the penal law or as a crime
30 of terrorism defined in section 490.25 of the penal law; or
31 (b) a conviction of an offense in any other jurisdiction which
32 includes all of the essential elements of any such felony provided for
33 in paragraph (a) of this subdivision [for which a sentence to a term of
34 imprisonment in excess of one year or a sentence of death was authorized
35 and is authorized in this state irrespective of whether such sentence
36 was imposed] or conviction of a felony in any other jurisdiction [for
37 which a sentence to a term of imprisonment in excess of one year or a
38 sentence of death was authorized in that jurisdiction and] for which the
39 offender is required to register as a sex offender in the jurisdiction
40 in which the conviction occurred.
41 § 4. Subdivision 4 of section 168-a of the correction law, as amended
42 by chapter 453 of the laws of 1999, is amended to read as follows:
43 4. "Law enforcement agency having jurisdiction" means: (a) (i) the
44 chief law enforcement officer in the village, town or city in which the
45 offender expects to reside upon his or her discharge, probation, parole,
46 release to post-release supervision or upon any form of state or local
47 conditional release; or [(b)]
48 (ii) if there be no chief law enforcement officer in such village,
49 town or city, the chief law enforcement officer of the county in which
50 the offender expects to reside; or [(c)]
51 (iii) if there be no chief enforcement officer in such village, town,
52 city or county, the division of state police, and
53 (b) in the case of a sex offender who is or expects to be employed by,
54 enrolled in, attending or employed, whether for compensation or not, at
55 an institution of higher education,
S. 6256 18 A. 9758
1 (i) the chief law enforcement officer in the village, town or city in
2 which such institution is located; or
3 (ii) if there be no chief law enforcement officer in such village,
4 town or city, the chief law enforcement officer of the county in which
5 such institution is located; or
6 (iii) if there be no chief law enforcement officer in such village,
7 town, city or county, the division of state police; and
8 (iv) if such institution operates or employs a campus law enforcement
9 or security agency, the chief of such agency.
10 § 5. Subdivision 7 of section 168-a of the correction law, as amended
11 by chapter 453 of the laws of 1999, is amended to read as follows:
12 7. "[Sexually violent] Sexual predator" means a sex offender [for whom
13 the risk of repeat offense is high and there exists a threat to the
14 public safety as determined pursuant to paragraph (c) of subdivision six
15 of section one hundred sixty-eight-l of this article] (a) who has been
16 convicted of a sex offense and who suffers from a mental abnormality or
17 personality disorder that makes him or her likely to engage in predatory
18 acts or (b) who has been convicted of a sexually violent offense or (c)
19 who has been convicted of an offense set forth in subdivision two or
20 three of this section when the offender has been previously convicted of
21 an offense set forth in subdivision two or three of this section.
22 § 6. Section 168-a of the correction law is amended by adding three
23 new subdivisions 13, 14 and 15 to read as follows:
24 13. "Institution of higher education" means an institution in the
25 state providing higher education as such term is defined in subdivision
26 eight of section two of the education law.
27 14. "Nonresident worker" means any person required to register as a
28 sex offender in another jurisdiction who is employed or carries on a
29 vocation in this state, on either a full-time or a part-time basis, with
30 or without compensation, for more than fourteen consecutive days, or for
31 an aggregate period exceeding thirty days in a calendar year.
32 15. "Nonresident student" means a person required to register as a sex
33 offender in another jurisdiction who is enrolled on a full-time or part-
34 time basis in any public or private educational institution in this
35 state including any secondary school, trade or professional institution
36 or institution of higher education.
37 § 7. Subdivision 1 of section 168-b of the correction law, as added by
38 chapter 192 of the laws of 1995 and paragraph (a) as amended by chapter
39 1 of the laws of 2000, is amended to read as follows:
40 1. The division shall establish and maintain a file of individuals
41 required to register pursuant to the provisions of this article which
42 shall include the following information of each registrant:
43 (a) The sex offender's name, all aliases used, date of birth, sex,
44 race, height, weight, eye color, driver's license number, home address
45 and/or expected place of domicile, any internet accounts belonging to
46 such offender and any internet screen names used by such offender.
47 (b) A photograph and set of fingerprints.
48 (c) A description of the offense for which the sex offender was
49 convicted, the date of conviction and the sentence imposed.
50 (d) The name and address of any institution of higher education at
51 which the sex offender is or expects to be enrolled, attending or
52 employed, whether for compensation or not and whether such offender
53 resides in or will reside in a facility owned or operated by such insti-
54 tution.
55 (e) Any other information deemed pertinent by the division.
S. 6256 19 A. 9758
1 § 8. Section 168-c of the correction law, as added by chapter 192 of
2 the laws of 1995, is amended to read as follows:
3 § 168-c. Sex offender; relocation; notification. 1. In the case of any
4 sex offender, it shall be the duty of the department, hospital or local
5 correctional facility at least ten calendar days prior to the release or
6 discharge of any sex offender from a correctional facility, hospital or
7 local correctional facility to notify the [law enforcement agency having
8 jurisdiction where appropriate, and law enforcement agency having had
9 jurisdiction at the time of his conviction,] division of the contem-
10 plated release or discharge of such sex offender, informing [such law
11 enforcement agencies of the name and aliases of the sex offender,] the
12 division in writing on a form provided by the division and signed by the
13 sex offender indicating the address at which he or she proposes to
14 reside[, the address at which he resided at the time of his conviction,
15 the amount of time remaining to be served, if any, on the full term for
16 which he was sentenced, and the nature of the crime for which he was
17 sentenced, transmitting at the same time a copy of such sex offender's
18 fingerprints and photograph and a summary of his criminal record] and
19 the name and address of any institution of higher education at which he
20 or she expects to be enrolled, attending or employed, whether for
21 compensation or not and whether he or she resides in or will reside in a
22 facility owned or operated by such institution. If such sex offender
23 changes his or her place of residence while on parole, such notification
24 of the change of residence shall be sent by the sex offender's parole
25 officer within forty-eight hours to the [law enforcement agency in which
26 the new place of residence is located] division on a form provided by
27 the division. If such sex offender changes the status of his or her
28 enrollment, attendance, employment or residence at any institution of
29 higher education while on parole, such notification of the change of
30 status shall be sent by the sex offender's parole officer within forty-
31 eight hours to the division on a form provided by the division and
32 signed by the sex offender.
33 2. In the case of any sex offender [convicted and sentenced to] on
34 probation, [conditional discharge or unconditional discharge,] it shall
35 be the duty of the [court within twenty-four hours after such sentence
36 to notify the law enforcement agency having jurisdiction, where appro-
37 priate, and of the law enforcement agency having had jurisdiction at the
38 time of his conviction, if different from where he currently resides,
39 and/or where he currently resides, of the sentence of probation, condi-
40 tional discharge or unconditional discharge, informing such law enforce-
41 ment agencies of the name and aliases of the person, the address at
42 which he proposes to reside, resided at and/or at which he currently
43 resides, the amount of time to be served on probation, and the nature of
44 the crime for which he was sentenced, transmitting at the same time a
45 copy of such sex offender's fingerprints and photograph and a summary of
46 his criminal record. If such person changes his place of residence
47 while on probation, such notification of the change of residence shall
48 be sent by the] sex offender's probation officer to notify the division
49 within forty-eight hours [to the law enforcement agency having jurisdic-
50 tion in which] of the new place of residence [is located] on a form
51 provided by the division and signed by the sex offender. If such sex
52 offender changes the status of his or her enrollment, attendance,
53 employment or residence at any institution of higher education while on
54 probation, such notification of the change of status shall be sent by
55 the sex offender's probation officer within forty-eight hours to the
S. 6256 20 A. 9758
1 division on a form provided by the division and signed by the sex offen-
2 der.
3 3. [In the case of any sex offender, who on the effective date of this
4 subdivision is on parole or probation, it shall be the duty of such sex
5 offender's parole or probation officer within forty-five calendar days
6 of the effective date of this subdivision to notify the law enforcement
7 agency having had jurisdiction in which such person resided at the time
8 of his conviction, if different from where he currently resides and/or
9 where he currently resides, of the name and aliases of such sex offen-
10 der, the address at which he resided and/or at which he currently
11 resides, the amount of time to be served on parole or probation, the
12 nature of the crime for which he was sentenced, transmitting at the same
13 time a copy of such sex offender's fingerprints and photograph and a
14 summary of his criminal record. If such sex offender changes his place
15 of residence while on parole or probation, such notification of the
16 change of residence shall be sent by the sex offender's parole or
17 probation officer within forty-eight hours to the law enforcement agency
18 having jurisdiction in which the new place of residence is located. For
19 purposes of this subdivision, a sex offender on probation or parole
20 includes a person convicted in any other state of any crime which would
21 have been punishable as an offense defined in section one hundred
22 sixty-eight-a of this article if committed in the state of New York who
23 is serving a term of probation or parole on or after the effective date
24 of this subdivision and resides in or enters the state of New York
25 pursuant to a compact as authorized in section two hundred fifty-nine-m
26 of the executive law.
27 4.] In the case in which any sex offender escapes from a state or
28 local correctional facility or hospital, the designated official of the
29 facility or hospital where the person was confined shall notify within
30 twenty-four hours the law enforcement agency having had jurisdiction at
31 the time of his or her conviction, informing such law enforcement agency
32 of the name and aliases of the person, and the address at which he or
33 she resided at the time of his or her conviction, the amount of time
34 remaining to be served, if any, on the full term for which he or she was
35 sentenced, and the nature of the crime for which he or she was
36 sentenced, transmitting at the same time a copy of such sex offender's
37 fingerprints and photograph and a summary of his or her criminal record.
38 § 9. Section 168-d of the correction law, as amended by chapter 453 of
39 the laws of 1999, is amended to read as follows:
40 § 168-d. Duties of the court. 1. Upon conviction of any of the
41 offenses set forth in subdivision two or three of section one hundred
42 sixty-eight-a of this article the court shall [certify that the person
43 is a sex offender and shall include the certification in the order of
44 commitment, if any, and judgment of conviction. The court shall also]
45 advise the sex offender of his or her duties under this article. [Fail-
46 ure to include the certification in the order of commitment or the judg-
47 ment of conviction shall not relieve a sex offender of the obligations
48 imposed by this article.]
49 2. Any sex offender, who is released on probation or discharged upon
50 payment of a fine, conditional discharge or unconditional discharge
51 shall, prior to such release or discharge, be informed of his or her
52 duty to register under this article by the court in which he or she was
53 convicted. At the time sentence is imposed, such sex offender shall
54 register with the division on a form prepared by the division. The court
55 shall require the sex offender to read and sign such form and to
56 complete the registration portion of such form. The court shall on such
S. 6256 21 A. 9758
1 form obtain the address where the sex offender expects to reside upon
2 his or her release, and the name and address of any institution of high-
3 er education he or she expects to be employed by, enrolled in, attending
4 or employed, whether for compensation or not, and whether he or she
5 expects to reside in a facility owned or operated by such an institu-
6 tion, and shall report [the address] such information to the division.
7 The court shall give one copy of the form to the sex offender and shall
8 send two copies to the division which shall forward the information to
9 the law enforcement [agency] agencies having jurisdiction [where the sex
10 offender expects to reside upon his or her release]. The court shall
11 also notify the district attorney and the sex offender of the date of
12 the determination proceeding to be held pursuant to subdivision three of
13 this section, which shall be held at least forty-five days after such
14 notice is given. The court shall also advise the sex offender that he or
15 she has a right to a hearing prior to the court's determination, that he
16 or she has the right to be represented by counsel at the hearing and
17 that counsel will be appointed if he or she is financially unable to
18 retain counsel. If the sex offender applies for assignment of counsel to
19 represent him or her at the hearing and counsel was not previously
20 assigned to represent the sex offender in the underlying criminal
21 action, the court shall determine whether the offender is financially
22 unable to retain counsel. If such a finding is made, the court shall
23 assign counsel to represent the sex offender pursuant to article eigh-
24 teen-B of the county law. Where the court orders a sex offender
25 released on probation, such order must include a provision requiring
26 that he or she comply with the requirements of this article. Where such
27 sex offender violates such provision, probation may be immediately
28 revoked in the manner provided by article four hundred ten of the crimi-
29 nal procedure law.
30 3. For sex offenders released on probation or discharged upon payment
31 of a fine, conditional discharge or unconditional discharge, it shall be
32 the duty of the court applying the guidelines established in subdivision
33 five of section one hundred sixty-eight-l of this article to determine
34 the [duration of registration pursuant to section one hundred sixty-
35 eight-h of this article and] level of notification pursuant to subdivi-
36 sion six of section one hundred sixty-eight-l of this article and wheth-
37 er such sex offender warrants the designation of sexual predator
38 pursuant to subdivision seven of section one hundred sixty-eight-a of
39 this article. At least fifteen days prior to the determination proceed-
40 ing, the district attorney shall provide to the court and the sex offen-
41 der a written statement setting forth the [duration of registration and
42 level of notification] determinations sought by the district attorney
43 together with the reasons for seeking such determinations. The court
44 shall allow the sex offender to appear and be heard. The state shall
45 appear by the district attorney, or his or her designee, who shall bear
46 the burden of proving the facts supporting the [duration of registration
47 and level of notification] determinations sought by clear and convincing
48 evidence. Where there is a dispute between the parties concerning the
49 [duration of registration and level of notification] determinations, the
50 court shall adjourn the hearing as necessary to permit the sex offender
51 or the district attorney to obtain materials relevant to the [determi-
52 nation] determinations from any state or local facility, hospital,
53 institution, office, agency, department or division. Such materials may
54 be obtained by subpoena if not voluntarily provided to the requesting
55 party. In making the [determination] determinations, the court shall
56 review any victim's statement and any relevant materials and evidence
S. 6256 22 A. 9758
1 submitted by the sex offender and the district attorney and the court
2 may consider reliable hearsay evidence submitted by either party
3 provided that it is relevant to the [determination] determinations.
4 Facts previously proven at trial or elicited at the time of entry of a
5 plea of guilty shall be deemed established by clear and convincing
6 evidence and shall not be relitigated. The court shall render an order
7 setting forth its [risk level determination] determinations and the
8 findings of fact and conclusions of law on which the [determination is]
9 determinations are based. A copy of the order shall be submitted by the
10 court to the division. Upon application of either party, the court shall
11 seal any portion of the court file or record which contains material
12 that is confidential under any state or federal statute. Either party
13 may appeal as of right from the order pursuant to the provisions of
14 articles fifty-five, fifty-six and fifty-seven of the civil practice law
15 and rules. Where counsel has been assigned to represent the sex offender
16 upon the ground that the sex offender is financially unable to retain
17 counsel, that assignment shall be continued throughout the pendency of
18 the appeal, and the person may appeal as a poor person pursuant to arti-
19 cle eighteen-B of the county law.
20 § 10. Subdivision 1 of section 168-e of the correction law, as amended
21 by chapter 453 of the laws of 1999, is amended to read as follows:
22 1. Any sex offender, to be discharged, paroled, released to post-re-
23 lease supervision or released from any state or local correctional
24 facility, hospital or institution where he or she was confined or
25 committed, shall at least fifteen calendar days prior to discharge,
26 parole or release, be informed of his or her duty to register under this
27 article, by the facility in which he or she was confined or committed.
28 The facility shall require the sex offender to read and sign such form
29 as may be required by the division stating the duty to register and the
30 procedure for registration has been explained to him or her and to
31 complete the registration portion of such form. The facility shall
32 obtain on such form the address where the sex offender expects to reside
33 upon his or her discharge, parole or release and the name and address of
34 any institution of higher education he or she expects to be employed by,
35 enrolled in, attending or employed, whether for compensation or not, and
36 whether he or she expects to reside in a facility owned or operated by
37 such an institution, and shall report [the address] such information to
38 the division. The facility shall give one copy of the form to the sex
39 offender, retain one copy and shall send one copy to the division which
40 shall provide the information to the law enforcement [agency] agencies
41 having jurisdiction [where the sex offender expects to reside upon his
42 or her discharge, parole or release]. The facility shall give the sex
43 offender a form prepared by the division, to register with the division
44 at least fifteen calendar days prior to release and such form shall be
45 completed, signed by the sex offender and sent to the division by the
46 facility at least ten days prior to the sex offender's release or
47 discharge.
48 § 11. Paragraph (c) of subdivision 2 of section 168-f of the
49 correction law, as amended by chapter 453 of the laws of 1999, is
50 amended to read as follows:
51 (c) If the sex offender fails to mail the signed verification form to
52 the division within ten calendar days after receipt of the form, he or
53 she shall be in violation of this [section unless he proves that he or
54 she has not changed his or her residence address] article.
55 § 12. Subdivision 3 of section 168-f of the correction law, as amended
56 by chapter 453 of the laws of 1999, is amended to read as follows:
S. 6256 23 A. 9758
1 3. The provisions of subdivision two of this section shall be applied
2 to a sex offender required to register under this article except that
3 such sex offender designated as a [sexually violent] sexual predator or
4 having been given a level three designation must personally verify his
5 or her address with the local law enforcement agency[, the registration]
6 every ninety calendar days after the date of release or commencement of
7 parole or post-release supervision, or probation, or release on payment
8 of a fine, conditional discharge or unconditional discharge. The duty
9 to personally verify shall be suspended during any period in which the
10 sex offender is confined to any state or local correctional facility,
11 hospital or institution and shall immediately resume upon the sex
12 offender's release.
13 § 13. Subdivision 4 of section 168-f of the correction law, as added
14 by chapter 192 of the laws of 1995, is amended to read as follows:
15 4. Any sex offender shall register with the division within ten calen-
16 dar days prior to any change of address or any change of his or her
17 status of enrollment, attendance, employment or residence at any insti-
18 tution of higher education. [The division shall, if the sex offender
19 changes residence to another state, notify the appropriate state law
20 enforcement agency with which the sex offender must register in the new
21 state. If any person required to register as provided in this article
22 changes the address of his residence, the sex offender shall within ten
23 calendar days, inform in writing the law enforcement agency where last
24 registered of the new address. The law enforcement agency shall, within
25 three calendar days of receipt of the new address, forward this informa-
26 tion to the department of criminal justice services and to the law
27 enforcement agency having jurisdiction in the new place of residence.]
28 § 14. Section 168-f of the correction law is amended by adding a new
29 subdivision 6 to read as follows:
30 6. Any nonresident worker or nonresident student shall register his or
31 her current address and the address of his or her place of employment or
32 educational institution attended with the division within ten calendar
33 days after such nonresident worker or nonresident student commences
34 employment or attendance at an educational institution in the state. Any
35 nonresident worker or nonresident student shall notify the division of
36 any change of residence, employment or educational institution address
37 within ten days prior to any such change. The division shall notify the
38 law enforcement agency where the nonresident worker is employed or the
39 educational institution is located that a nonresident worker or nonresi-
40 dent student is present in that agency's jurisdiction.
41 § 15. Section 168-h of the correction law, as amended by chapter 453
42 of the laws of 1999, is amended to read as follows:
43 § 168-h. Duration of registration and verification. The duration of
44 registration and verification for a sex offender shall be annually for a
45 period of ten years from the initial date of registration, provided,
46 however, that [for] a sex offender having been designated a level three
47 risk shall also personally verify his or her address every ninety calen-
48 dar days with the local law enforcement agency having jurisdiction where
49 the offender resides. If a sex offender has been determined to be a
50 [sexually violent] sexual predator, he or she shall annually verify his
51 or her address with the division and shall also personally verify his or
52 her address every ninety calendar days with the local law enforcement
53 agency having jurisdiction where the offender resides for [a minimum of
54 ten years unless the court determines in accordance with section one
55 hundred sixty-eight-o of this article, that the person no longer suffers
S. 6256 24 A. 9758
1 from a mental abnormality that would make him likely to engage in a
2 predatory sexually violent offense] life.
3 § 16. Section 168-j of the correction law, as amended by chapter 453
4 of the laws of 1999, is amended to read as follows:
5 § 168-j. Notification of local law enforcement agencies of change of
6 address. [(a)] 1. Upon receipt of a change of address by a sex offender
7 required to register under this article, the division shall notify the
8 local law enforcement agency having jurisdiction of the new place of
9 residence and the local law enforcement agency where the sex offender
10 last resided of the new place of residence.
11 [(b)] 2. Upon receipt of change of address information, the local law
12 enforcement agency having jurisdiction of the new place of residence
13 shall adhere to the notification provisions set forth in subdivision six
14 of section one hundred sixty-eight-l of this article.
15 3. The division shall, if the sex offender changes residence to anoth-
16 er state, notify the appropriate agency within that state of the new
17 place of residence.
18 4. Upon receipt of a change in the status of the enrollment, attend-
19 ance, employment or residence at an institution of higher education by a
20 sex offender required to register under this article, the division shall
21 notify each law enforcement agency having jurisdiction which is affected
22 by such change.
23 5. Upon receipt of change in the status of the enrollment, attendance,
24 employment or residence at an institution of higher education by a sex
25 offender required to register under this article, each law enforcement
26 agency having jurisdiction shall adhere to the notification provisions
27 set forth in subdivision six of section one hundred sixty-eight-l of
28 this article.
29 § 17. Subdivision 2 of section 168-k of the correction law, as added
30 by chapter 453 of the laws of 1999, is amended to read as follows:
31 2. The division shall advise the board that the sex offender has
32 established residence in this state. The board shall determine whether
33 the sex offender is required to register with the division. If it is
34 determined that the sex offender is required to register, the division
35 shall notify the sex offender of his or her duty to register under this
36 article and shall require the sex offender to sign a form as may be
37 required by the division acknowledging that the duty to register and the
38 procedure for registration has been explained to the sex offender. The
39 division shall obtain on such form the address where the sex offender
40 expects to reside within the state and the sex offender shall retain one
41 copy of the form and send two copies to the division which shall provide
42 the information to the law enforcement agency having jurisdiction where
43 the sex offender expects to reside within this state. No later than
44 thirty days prior to the board making a recommendation, the sex offender
45 shall be notified that his or her case is under review and that he or
46 she is permitted to submit to the board any information relevant to the
47 review. After reviewing any information obtained, and applying the
48 guidelines established in subdivision five of section one hundred
49 sixty-eight-l of this article, the board shall within sixty calendar
50 days make a recommendation regarding the [duration of registration
51 pursuant to section one hundred sixty-eight-h of this article and] level
52 of notification pursuant to subdivision six of section one hundred
53 sixty-eight-l of this article and whether such sex offender warrants the
54 designation of sexual predator pursuant to subdivision seven of section
55 one hundred sixty-eight-a of this article. This recommendation shall be
56 confidential and shall not be available for public inspection. It shall
S. 6256 25 A. 9758
1 be submitted by the board to the county court or supreme court and to
2 the district attorney in the county of residence of the sex offender and
3 to the sex offender. It shall be the duty of the county court or supreme
4 court in the county of residence of the sex offender, applying the
5 guidelines established in subdivision five of section one hundred
6 sixty-eight-l of this article, to determine the [duration of registra-
7 tion pursuant to section one hundred sixty-eight-h of this article and]
8 level of notification pursuant to subdivision six of section one hundred
9 sixty-eight-l of this article and whether such sex offender warrants the
10 designation of sexual predator pursuant to subdivision seven of section
11 one hundred sixty-eight-a of this article. At least thirty days prior
12 to the determination proceeding, such court shall notify the district
13 attorney and the sex offender, in writing, of the date of the determi-
14 nation proceeding and the court shall also provide the district attorney
15 and sex offender with a copy of the recommendation received from the
16 board and any statement of the reasons for the recommendation received
17 from the board. The court shall also advise the sex offender that he or
18 she has a right to a hearing prior to the court's determination, that he
19 or she has the right to be represented by counsel at the hearing and
20 that counsel will be appointed if he or she is financially unable to
21 retain counsel. A returnable form shall be enclosed in the court's
22 notice to the sex offender on which the sex offender may apply for
23 assignment of counsel. If the sex offender applies for assignment of
24 counsel and the court finds that the offender is financially unable to
25 retain counsel, the court shall assign counsel to represent the sex
26 offender pursuant to article eighteen-B of the county law. If the
27 district attorney seeks a determination that differs from the recommen-
28 dation submitted by the board, at least ten days prior to the determi-
29 nation proceeding the district attorney shall provide to the court and
30 the sex offender a statement setting forth the [duration of registration
31 and level of notification] determinations sought by the district attor-
32 ney together with the reasons for seeking such determinations. The court
33 shall allow the sex offender to appear and be heard. The state shall
34 appear by the district attorney, or his or her designee, who shall bear
35 the burden of proving the facts supporting the [duration of registration
36 and level of notification] determinations sought by clear and convincing
37 evidence. It shall be the duty of the court applying the guidelines
38 established in subdivision five of section one hundred sixty-eight-l of
39 this article to determine the [duration of registration pursuant to
40 section one hundred sixty-eight-h of this article and] level of notifi-
41 cation pursuant to subdivision six of section one hundred sixty-eight-l
42 of this article and whether such sex offender warrants the designation
43 of sexual predator pursuant to subdivision seven of section one hundred
44 sixty-eight-a of this article. Where there is a dispute between the
45 parties concerning the [duration of registration and level of notifica-
46 tion] determinations, the court shall adjourn the hearing as necessary
47 to permit the sex offender or the district attorney to obtain materials
48 relevant to the [determination] determinations from the state board of
49 examiners of sex offenders or any state or local facility, hospital,
50 institution, office, agency, department or division. Such materials may
51 be obtained by subpoena if not voluntarily provided to the requesting
52 party. In making the [determination] determinations the court shall
53 review any victim's statement and any relevant materials and evidence
54 submitted by the sex offender and the district attorney and the recom-
55 mendation and any material submitted by the board, and may consider
56 reliable hearsay evidence submitted by either party, provided that it is
S. 6256 26 A. 9758
1 relevant to the [determination] determinations. If available, facts
2 proven at trial or elicited at the time of a plea of guilty shall be
3 deemed established by clear and convincing evidence and shall not be
4 relitigated. The court shall render an order setting forth its [risk
5 level determination] determinations and the findings of fact and conclu-
6 sions of law on which the [determination is] determinations are based. A
7 copy of the order shall be submitted by the court to the division. Upon
8 application of either party, the court shall seal any portion of the
9 court file or record which contains material that is confidential under
10 any state or federal statute. Either party may appeal as of right from
11 the order pursuant to the provisions of articles fifty-five, fifty-six
12 and fifty-seven of the civil practice law and rules. Where counsel has
13 been assigned to represent the sex offender upon the ground that the sex
14 offender is financially unable to retain counsel, that assignment shall
15 be continued throughout the pendency of the appeal, and the person may
16 appeal as a poor person pursuant to article eighteen-B of the county
17 law.
18 § 18. Subparagraph (i) of paragraph (a) of subdivision 5 of section
19 168-l of the correction law, as added by chapter 192 of the laws of
20 1995, is amended to read as follows:
21 (i) whether the sex offender has a mental abnormality or personality
22 disorder;
23 § 19. Subdivision 6 of section 168-l of the correction law, as added
24 by chapter 192 of the laws of 1995, the opening paragraph and paragraphs
25 (b) and (c) as amended by chapter 453 of the laws of 1999, is amended to
26 read as follows:
27 6. Applying these guidelines, the board shall within sixty calendar
28 days prior to the discharge, parole, release to post-release supervision
29 or release of a sex offender make a recommendation which shall be confi-
30 dential and shall not be available for public inspection, to the
31 sentencing court as to whether such sex offender warrants the desig-
32 nation of [sexually violent] sexual predator as defined by subdivision
33 seven of section one hundred sixty-eight-a of this article. In addi-
34 tion, the guidelines shall be applied by the board to make a recommenda-
35 tion to the sentencing court which shall be confidential and shall not
36 be available for public inspection, providing for one of the following
37 three levels of notification depending upon the degree of the risk of
38 re-offense by the sex offender.
39 (a) If the risk of repeat offense is low, a level one designation
40 shall be given to such sex offender. In such case [the] each law
41 enforcement agency having jurisdiction and [the] each law enforcement
42 agency having had jurisdiction at the time of his or her conviction
43 shall be notified pursuant to this article.
44 (b) If the risk of repeat offense is moderate, a level two designation
45 shall be given to such sex offender. In such case [the] each law
46 enforcement agency having jurisdiction and [the] each law enforcement
47 agency having had jurisdiction at the time of his or her conviction
48 shall be notified and may disseminate relevant information which may
49 include the name of the sex offender, approximate address based on sex
50 offender's zip code, a photograph of the offender, background informa-
51 tion including the offender's crime of conviction, modus of operation,
52 type of victim targeted, the name and address of any institution of
53 higher education at which the sex offender is enrolled, attends, is
54 employed or resides and the description of special conditions imposed on
55 the offender to any entity with vulnerable populations related to the
56 nature of the offense committed by such sex offender. Any entity receiv-
S. 6256 27 A. 9758
1 ing information on a sex offender may disclose or further disseminate
2 such information at [their] its discretion.
3 (c) If the risk of repeat offense is high and there exists a threat to
4 the public safety[, such sex offender shall be deemed a "sexually
5 violent predator" and] a level three designation shall be given to such
6 sex offender. In such case, [the] each law enforcement agency having
7 jurisdiction and [the] each law enforcement agency having had jurisdic-
8 tion at the time of his or her conviction shall be notified and may
9 disseminate relevant information which may include the sex offender's
10 name, exact address, a photograph of the offender, background informa-
11 tion including the offender's crime of conviction, modus of operation,
12 type of victim targeted, the name and address of any institution of
13 higher education at which the sex offender is enrolled, attends, is
14 employed or resides and the description of special conditions imposed on
15 the offender to any entity with vulnerable populations related to the
16 nature of the offense committed by such sex offender. Any entity receiv-
17 ing information on a sex offender may disclose or further disseminate
18 such information at [their] its discretion. In addition, in such case,
19 the information described herein shall also be provided in the subdirec-
20 tory established in this article and notwithstanding any other provision
21 of law, such information shall, upon request, be made available to the
22 public.
23 § 20. Subdivision 7 of section 168-l of the correction law, as added
24 by chapter 192 of the laws of 1995, is amended to read as follows:
25 7. Upon request by the court, pursuant to section one hundred sixty-
26 eight-o of this article, the board shall provide an updated report
27 pertaining to the sex offender petitioning [relief of duty to register]
28 for a modification of his or her level of notification.
29 § 21. Subdivision 8 of section 168-l of the correction law, as added
30 by chapter 453 of the laws of 1999, is amended to read as follows:
31 8. A failure by a state or local agency or the board to act or by a
32 court to render a determination within the time period specified in this
33 article shall not affect the obligation of the sex offender to register
34 or verify under this article nor shall such failure prevent a court from
35 making a determination regarding the sex offender's [duration of regis-
36 tration and] level of notification and whether such offender is a sexual
37 predator. Where a court is unable to make a determination prior to the
38 date scheduled for a sex offender's discharge, parole, release to post-
39 release supervision or release, it shall adjourn the hearing until after
40 the offender is discharged, paroled, released to post-release super-
41 vision or released, and shall then expeditiously complete the hearing
42 and issue its determination.
43 § 22. Subdivision 1 of section 168-n of the correction law, as amended
44 by chapter 453 of the laws of 1999, is amended to read as follows:
45 1. A determination that an offender is a [sex offender or a sexually
46 violent] sexual predator as defined by subdivision seven of section one
47 hundred sixty-eight-a of this article shall be made prior to the
48 discharge, parole, release to post-release supervision or release of
49 such offender by the sentencing court applying the guidelines estab-
50 lished in subdivision five of section one hundred sixty-eight-l of this
51 article after receiving a recommendation from the board pursuant to
52 section one hundred sixty-eight-l of this article.
53 § 23. Subdivision 3 of section 168-n of the correction law, as amended
54 by chapter 453 of the laws of 1999, is amended to read as follows:
55 3. No later than thirty days prior to the board's recommendation, the
56 sex offender shall be notified that his or her case is under review and
S. 6256 28 A. 9758
1 that he or she is permitted to submit to the board any information rele-
2 vant to the review. Upon receipt of the board's recommendation, the
3 sentencing court shall determine whether the sex offender was previously
4 found to be eligible for assigned counsel in the underlying case. Where
5 such a finding was previously made, the court shall assign counsel to
6 represent the offender, pursuant to article eighteen-B of the county
7 law. At least twenty days prior to the determination proceeding, the
8 sentencing court shall notify the district attorney, the sex offender
9 and the sex offender's counsel, in writing, of the date of the determi-
10 nation proceeding and shall also provide the district attorney, the sex
11 offender and the sex offender's counsel with a copy of the recommenda-
12 tion received from the board and any statement of the reasons for the
13 recommendation received from the board. The written notice to the sex
14 offender shall also advise the offender that he or she has a right to a
15 hearing prior to the court's determination, and that he or she has the
16 right to be represented by counsel at the hearing. If counsel has been
17 assigned to represent the offender at the determination proceeding, the
18 notice shall also provide the name, address and telephone number of the
19 assigned counsel. Where counsel has not been assigned, the notice shall
20 advise the sex offender that counsel will be appointed if he or she is
21 financially unable to retain counsel, and a returnable form shall be
22 enclosed in the court's notice to the sex offender on which the sex
23 offender may apply for assignment of counsel. If the sex offender
24 applies for assignment of counsel and the court finds that the offender
25 is financially unable to retain counsel, the court shall assign counsel
26 to represent the sex offender pursuant to article eighteen-B of the
27 county law. If the district attorney seeks a determination that differs
28 from the recommendation submitted by the board, at least ten days prior
29 to the determination proceeding the district attorney shall provide to
30 the court and the sex offender a statement setting forth the [duration
31 of registration and level of notification] determinations sought by the
32 district attorney together with the reasons for seeking such determi-
33 nations. The court shall allow the sex offender to appear and be heard.
34 The state shall appear by the district attorney, or his or her designee,
35 who shall bear the burden of proving the facts supporting the [duration
36 of registration and level of notification] determinations sought by
37 clear and convincing evidence. Where there is a dispute between the
38 parties concerning the [duration of registration and level of notifica-
39 tion] determinations, the court shall adjourn the hearing as necessary
40 to permit the sex offender or the district attorney to obtain materials
41 relevant to the [determination] determinations from the state board of
42 examiners of sex offenders or any state or local facility, hospital,
43 institution, office, agency, department or division. Such materials may
44 be obtained by subpoena if not voluntarily provided to the requesting
45 party. In making the [determination] determinations the court shall
46 review any victim's statement and any relevant materials and evidence
47 submitted by the sex offender and the district attorney and the recom-
48 mendation and any materials submitted by the board, and may consider
49 reliable hearsay evidence submitted by either party, provided that it is
50 relevant to the [determination] determinations. Facts previously proven
51 at trial or elicited at the time of entry of a plea of guilty shall be
52 deemed established by clear and convincing evidence and shall not be
53 relitigated. The court shall render an order setting forth its [risk
54 level determination] determinations and the findings of fact and conclu-
55 sions of law on which the [determination is] determinations are based. A
56 copy of the order shall be submitted by the court to the division. Upon
S. 6256 29 A. 9758
1 application of either party, the court shall seal any portion of the
2 court file or record which contains material that is confidential under
3 any state or federal statute. Either party may appeal as of right from
4 the order pursuant to the provisions of articles fifty-five, fifty-six
5 and fifty-seven of the civil practice law and rules. Where counsel has
6 been assigned to represent the sex offender upon the ground that the sex
7 offender is financially unable to retain counsel, that assignment shall
8 be continued throughout the pendency of the appeal, and the person may
9 appeal as a poor person pursuant to article eighteen-B of the county
10 law.
11 § 24. Section 168-o of the correction law, as amended by chapter 453
12 of the laws of 1999, is amended to read as follows:
13 § 168-o. Petition for [relief or] modification. 1. [Any sex offender
14 required to register or verify pursuant to this article who has been
15 registered for a minimum period of ten years may be relieved of any
16 further duty to register upon the granting of a petition for relief by
17 the sentencing court or by the court which made the determination
18 regarding duration of registration and level of notification if a peti-
19 tion for relief is filed by a sex offender who is required to register
20 pursuant to the provisions of section one hundred sixty-eight-k of this
21 article. The sex offender shall bear the burden of proving by clear and
22 convincing evidence that his or her risk of repeat offense and threat to
23 public safety is such that registration or verification is no longer
24 necessary. Such petition, if granted, shall not relieve the petitioner
25 of the duty to register pursuant to this article upon conviction of any
26 offense requiring registration in the future. Such a petition shall not
27 be considered more than annually. In the event that the sex offender's
28 petition for relief is granted, the district attorney may appeal as of
29 right from the order pursuant to the provisions of articles fifty-five,
30 fifty-six and fifty-seven of the civil practice law and rules. Where
31 counsel has been assigned to represent the sex offender upon the ground
32 that the sex offender is financially unable to retain counsel, that
33 assignment shall be continued throughout the pendency of the appeal, and
34 the person may appeal as a poor person pursuant to article eighteen-B of
35 the county law.
36 2.] Any sex offender required to register or verify pursuant to this
37 article who has not been designated a level three sex offender or a
38 sexual predator may file a petition to modify the [duration of registra-
39 tion and] level of notification with the sentencing court or with the
40 court which made the determination regarding [duration of registration
41 and] level of notification if a petition is filed by a sex offender who
42 is required to register pursuant to the provisions of section one
43 hundred sixty-eight-k of this article. The petition shall set forth the
44 [duration of registration and] level of notification sought, together
45 with the reasons for seeking such [determinations] determination. The
46 sex offender shall bear the burden of proving the facts supporting the
47 requested modification by clear and convincing evidence. Such a petition
48 shall not be considered more than annually. In the event that the sex
49 offender's petition to modify the [duration of registration and] level
50 of notification is granted, the district attorney may appeal as of right
51 from the order pursuant to the provisions of articles fifty-five,
52 fifty-six and fifty-seven of the civil practice law and rules. Where
53 counsel has been assigned to represent the sex offender upon the ground
54 that the sex offender is financially unable to retain counsel, that
55 assignment shall be continued throughout the pendency of the appeal, and
S. 6256 30 A. 9758
1 the person may appeal as a poor person pursuant to article eighteen-B of
2 the county law.
3 [3] 2. The district attorney may file a petition to modify the [dura-
4 tion of registration and] level of notification for a sex offender with
5 the sentencing court or with the court which made the determination
6 regarding [duration of registration and] the level of notification if
7 the petition relates to a sex offender who is required to register
8 pursuant to the provisions of section one hundred sixty-eight-k of this
9 article, where the sex offender (a) has been convicted of a new crime,
10 or there has been a determination after a proceeding pursuant to section
11 410.70 of the criminal procedure law or section two hundred fifty-nine-i
12 of the executive law that the sex offender has violated one or more
13 conditions imposed as part of a sentence of a conditional discharge,
14 probation, parole or post-release supervision for a designated crime,
15 and (b) the conduct underlying the new crime or the violation is of a
16 nature that indicates an increased risk of a repeat sex offense. The
17 petition shall set forth the [duration of registration and] level of
18 notification sought, together with the reasons for seeking such [deter-
19 minations] determination. The district attorney shall bear the burden of
20 proving the facts supporting the required modification, by clear and
21 convincing evidence. [Such a petition shall not be considered more than
22 annually.] In the event that the district attorney's petition is grant-
23 ed, the sex offender may appeal as of right from the order, pursuant to
24 the provisions of articles fifty-five, fifty-six and fifty-seven of the
25 civil practice law and rules. Where counsel has been assigned to repre-
26 sent the offender upon the ground that he or she is financially unable
27 to retain counsel, that assignment shall be continued throughout the
28 pendency of the appeal, and the person may proceed as a poor person,
29 pursuant to article eighteen-B of the county law.
30 [4] 3. Upon receipt of a petition submitted pursuant to subdivision
31 one[,] or two [or three] of this section, the court shall forward a copy
32 of the petition to the board and request an updated recommendation
33 pertaining to the sex offender and shall provide a copy of the petition
34 to the other party. The court shall also advise the sex offender that
35 he or she has the right to be represented by counsel at the hearing and
36 counsel will be appointed if he or she is financially unable to retain
37 counsel. A returnable form shall be enclosed in the court's notice to
38 the sex offender on which the sex offender may apply for assignment of
39 counsel. If the sex offender applies for assignment of counsel and the
40 court finds that the offender is financially unable to retain counsel,
41 the court shall assign counsel to represent the offender, pursuant to
42 article eighteen-B of the county law. Where the petition was filed by a
43 district attorney, at least thirty days prior to making an updated
44 recommendation the board shall notify the sex offender and his or her
45 counsel that the offender's case is under review and he or she is
46 permitted to submit to the board any information relevant to the review.
47 The board's updated recommendation on the sex offender shall be confi-
48 dential and shall not be available for public inspection. After receiv-
49 ing an updated recommendation from the board concerning a sex offender,
50 the court shall, at least thirty days prior to ruling upon the petition,
51 provide a copy of the updated recommendation to the sex offender, the
52 sex offender's counsel and the district attorney and notify them, in
53 writing, of the date set by the court for a hearing on the petition.
54 After reviewing the recommendation received from the board and any rele-
55 vant materials and evidence submitted by the sex offender and the
56 district attorney, the court may grant or deny the petition. The court
S. 6256 31 A. 9758
1 may also consult with the victim prior to making a determination on the
2 petition. The court shall render an order setting forth its determi-
3 nation, and the findings of fact and conclusions of law on which the
4 determination is based. If the petition is granted, it shall be the
5 obligation of the court to submit a copy of its order to the division.
6 Upon application of either party, the court shall seal any portion of
7 the court file or record which contains material that is confidential
8 under any state or federal statute.
9 § 25. Subdivision 1 of section 168-q of the correction law, as amended
10 by chapter 490 of the laws of 2000, is amended to read as follows:
11 1. The division shall maintain a subdirectory of [sexually violent
12 predators] high risk (level three) sex offenders. The subdirectory
13 shall include the exact address and photograph of the sex offender along
14 with the following information, if available: name, physical
15 description, age and distinctive markings. Background information
16 including the sex offender's crime of conviction, modus of operation,
17 type of victim targeted, the name and address of any institution of
18 higher education at which the sex offender is enrolled, attends, is
19 employed or resides and a description of special conditions imposed on
20 the sex offender shall also be included. The subdirectory shall have
21 sex offender listings categorized by county and zip code. A copy of the
22 subdirectory shall annually be distributed to the offices of local
23 village, town, city, county or state law enforcement agencies for
24 purposes of public access. The division shall distribute monthly updates
25 to the offices of local village, town, city, county or state law
26 enforcement agencies for purposes of public access. Such departments
27 shall require that a person in writing provide their name and address
28 prior to viewing the subdirectory. Any information identifying the
29 victim by name, birth date, address or relation to the sex offender
30 shall be excluded from the subdirectory distributed for purposes of
31 public access. The subdirectory provided for herein shall be updated
32 monthly to maintain its efficiency and usefulness and shall be computer
33 accessible. Such subdirectory shall be made available at all times on
34 the internet via the division homepage.
35 § 26. Section 168-t of the correction law, as amended by chapter 453
36 of the laws of 1999, is amended to read as follows:
37 § 168-t. Failure to register [or], annually verify, personally verify,
38 notify of status at an institution of higher education, notify of
39 address change or change of status at an institution of higher educa-
40 tion, notify of establishment of residence in state; penalty. 1. Any sex
41 offender required to register [or to verify] pursuant to the provisions
42 of this article [who fails to register or verify in the manner and with-
43 in the time periods provided for herein shall be guilty of a] is guilty
44 of failure to register, annually verify, personally verify, notify of
45 status at an institution of higher education, notify of address change
46 or change of status at an institution of higher education or notify of
47 establishment of residence in state when he or she:
48 (a) Fails to register with the division on a form prepared by the
49 division (i) at least ten calendar days prior to discharge, parole,
50 release to post-release supervision or release from any state or local
51 correctional facility, hospital or institution where he or she was
52 confined or committed, or (ii) at the time sentence is imposed for any
53 sex offender released on probation or discharged upon payment of a fine,
54 conditional discharge or unconditional discharge, or (iii) upon the
55 division's request following a determination by the board that the
S. 6256 32 A. 9758
1 offender is required to register pursuant to subdivision two of section
2 one hundred sixty-eight-k of this article; or
3 (b) Fails to sign and return to the division the annual verification
4 form mailed by the division to his or her last reported address pursuant
5 to section one hundred sixty-eight-b of this article within ten calendar
6 days after receipt of the form; or
7 (c) Fails to personally verify his or her address with the local law
8 enforcement agency every ninety calendar days after the date of release
9 or commencement of parole or post-release supervision, or probation, or
10 release on payment of a fine, conditional discharge or unconditional
11 discharge after having been given a level three designation or having
12 been designated a sexual predator; or
13 (d) Fails to provide the division with the name and address of any
14 institution of higher education he or she expects to be employed by,
15 enrolled in, attending or employed, whether for compensation or not, and
16 whether he or she expects to reside in a facility owned or operated by
17 such an institution; or
18 (e) Fails to notify the division within ten calendar days prior to any
19 change of address; or
20 (f) Fails to notify the division within ten calendar days prior to any
21 change of status at an institution of higher education; or
22 (g) Fails to notify the division within ten calendar days of estab-
23 lishing residence in this state in the case of a sex offender who has
24 been convicted of an offense which requires registration under paragraph
25 (b) of subdivision two or three of section one hundred sixty-eight-a of
26 this article.
27 2. Failure to register, annually verify, personally verify, notify of
28 status at an institution of higher education, notify of address change
29 or change of status at an institution of higher education or notify of
30 establishment of residence in state is a class A misdemeanor upon
31 conviction for the first offense, and a class D felony upon conviction
32 for a second or subsequent offense [shall be guilty of a class D felo-
33 ny].
34 3. Any such failure [to register or verify] may also be the basis for
35 revocation of parole pursuant to section two hundred fifty-nine-i of the
36 executive law or the basis for revocation of probation pursuant to arti-
37 cle four hundred ten of the criminal procedure law.
38 § 27. This act shall take effect immediately; provided, however, that
39 the amendments made to subdivisions 2 and 3 of section 168-a of the
40 correction law by sections one, two and three of this act shall apply to
41 persons convicted of an offense committed prior to such date who, on
42 such date, have not completed service of the sentence imposed thereon.
43 PART G
44 Section 1. Section 54 of the state finance law is amended by adding a
45 new subdivision 9 to read as follows:
46 9. a. Notwithstanding any inconsistent provision of this section or of
47 any other provision of law to the contrary, the payment of general
48 purpose local government aid for the support of local government for the
49 state fiscal year commencing April first, two thousand two and every
50 fiscal year thereafter, shall be paid from an appropriation made for
51 such purposes pursuant to the general government budget in a manner
52 consistent with this subdivision. Subdivisions one through eight of this
53 section shall not be applicable to the payment of per capita state aid
54 for the support of local government.
S. 6256 33 A. 9758
1 b. Notwithstanding any inconsistent provision of article five of the
2 general construction law, in the fiscal year of the state commencing
3 April first, two thousand two and every fiscal year thereafter, any city
4 having a population of one million or more shall be entitled to receive
5 the same amount of general purpose local government aid that it received
6 for such purpose pursuant to chapter fifty of the laws of two thousand
7 one, constituting the general government budget, and section fifty-four
8 of the state finance law, as added by section twelve of chapter four
9 hundred thirty of the laws of nineteen hundred ninety-seven, as if the
10 provisions of such section fifty-four were in full force and effect for
11 the entire state fiscal year commencing April first, two thousand two
12 and every fiscal year thereafter. Except as provided in paragraph c of
13 this subdivision, each city, other than any city having a population of
14 one million or more, town and village that was appropriated general
15 purpose local government aid pursuant to chapter fifty of the laws of
16 two thousand one shall be entitled to receive a total of one hundred
17 five percent of the amount of aid that it would be entitled to receive
18 under section fifty-four of the state finance law, as added by section
19 twelve of chapter four hundred thirty of the laws of nineteen hundred
20 ninety-seven, as if the provisions of such section fifty-four were in
21 full force and effect for the entire state fiscal year commencing April
22 first, two thousand two and every fiscal year thereafter. Notwithstand-
23 ing the provisions of this subdivision in the state fiscal year commenc-
24 ing April first, two thousand two and every fiscal year thereafter, the
25 village of East Nassau, Rensselaer county, newly incorporated on January
26 fourteenth, nineteen hundred ninety-eight, shall be entitled to receive
27 the same amount of general purpose local government aid that it received
28 for such purpose pursuant to chapter fifty of the laws of two thousand
29 one. All aid pursuant to this section shall be paid in the same "on or
30 before month and day" manner as specified in chapter fifty of the laws
31 of nineteen hundred ninety-six, constituting the general government
32 budget.
33 c. Consolidations, mergers, or dissolutions - entitlement to general
34 purpose local government aid. In the case where any city, town, or
35 village consolidates, merges or dissolves, and the resulting successor
36 government has filed with the office of the state comptroller a certif-
37 icate of any such consolidation, merger, or dissolution, such successor
38 government shall be entitled to receive any payments of general purpose
39 local government aid which, pursuant to paragraph b of this subdivision,
40 would have been otherwise payable to the individual cities, towns, or
41 villages who were party to such consolidation, merger, or dissolution in
42 addition to the general purpose local government aid such successor
43 government is entitled to receive had no such consolidation, merger, or
44 dissolution occurred. The annual amount of general purpose local govern-
45 ment aid any city, town, or village in which a municipality has consol-
46 idated, merged, or dissolved shall be eligible to receive on the date
47 such city, town, or village is consolidated, merged, or dissolved shall
48 continue to be paid for the first state fiscal year following the date
49 of such consolidation, merger, or dissolution and payments shall there-
50 after continue to be paid for an additional four state fiscal years in
51 reduced amounts as follows: in the second year following consolidation,
52 merger, or dissolution, eighty percent of such annual amount; in the
53 third year, sixty percent; in the fourth year, forty percent; in the
54 fifth year, twenty percent; and thereafter such payments shall cease to
55 be paid. In instances where only a portion of a city, town, or village
56 is party to a consolidation, merger, or dissolution, general purpose
S. 6256 34 A. 9758
1 local government aid payable to the resulting successor government shall
2 include only a pro rata share of the aid otherwise due and payable to
3 such city, town, or village. Such pro rata share shall be based on a
4 ratio of the two thousand federal decennial census population of the
5 portion consolidated, merged, or dissolved as compared to the total two
6 thousand federal decennial census population of the city, town, or
7 village party to such consolidation, merger, or dissolution.
8 § 2. This act shall take effect April 1, 2002; provided, however, if
9 this act shall become a law after such date it shall take effect imme-
10 diately and shall be deemed to have been in full force and effect on and
11 after April 1, 2002.
12 PART H
13 Section 1. Paragraph a of subdivision 6 of section 76 of chapter 435
14 of the laws of 1997 amending the military law and other laws relating to
15 various provisions, is amended to read as follows:
16 a. sections forty-three through forty-five of this act shall expire
17 and be deemed repealed on September 1, [2002] 2003;
18 § 2. This act shall take effect April 1, 2002; provided, however, if
19 this act shall become a law after such date it shall take effect imme-
20 diately and shall be deemed to have been in full force and effect on and
21 after April 1, 2002.
22 PART I
23 Section 1. Subdivision 1 of section 34 of the public lands law, as
24 amended by chapter 703 of the laws of 1994, is amended to read as
25 follows:
26 1. Such commissioner of general services may, from time to time,
27 transfer and convey to a city, incorporated village, town or county, in
28 consideration of one dollar to be paid to the state of New York, and on
29 such terms and conditions as such commissioner may impose, a part or all
30 of any parcel or parcels of unappropriated state lands upon certif-
31 ication that such parcel or parcels are useful for local mental health
32 facilities, mental retardation facilities, park, recreation, playground,
33 reforestation, government, street or highway purposes, and that they
34 will be properly improved and maintained for one or more of such
35 purposes and provided that this disposition of such parcel or parcels is
36 not otherwise prohibited. Certification shall be evidenced by a formal
37 request from the board of estimate, common council, village board, town
38 board or county board of supervisors, setting forth in detail the parcel
39 or parcels to be released, transferred and conveyed and the availability
40 and usefulness of such parcel or parcels for one or more of such
41 purposes. In the city of New York however, certification shall be
42 evidenced by a formal request from the mayor. In the event that lands
43 transferred under the provisions of this section are not properly
44 improved and maintained for one or more of the purposes contemplated by
45 this section by the city, village, town or county to which they were
46 transferred, the title thereto shall revert to the people of the state
47 of New York, and the attorney-general may institute an action in the
48 supreme court for a judgment declaring a revesting of such title in the
49 state. Such commissioner may also transfer any unappropriated state
50 lands to the office of parks, recreation and historic preservation or
51 the department of environmental conservation, upon the application of
52 the commissioner thereof indicating that such unappropriated state lands
S. 6256 35 A. 9758
1 are required for state park purposes within the area of jurisdiction of
2 such office or department.
3 § 2. This act shall take effect immediately.
4 PART J
5 Section 1. Subdivisions 1, 2, 3 and 6 of section 399-z of the general
6 business law, as added by chapter 547 of the laws of 2000, are amended
7 to read as follows:
8 1. As used in this section, the following terms shall have the follow-
9 ing meanings:
10 a. "Board" shall mean the consumer protection board;
11 b. "Director" means the executive director of the consumer protection
12 board;
13 c. "Customer" means any natural person who is a resident of this state
14 and who is or may be required to pay for or to exchange consideration
15 for goods and services offered through telemarketing;
16 d. "Doing business in this state" means conducting telephonic sales
17 calls: (i) from a location in this state; or (ii) from a location
18 outside of this state to consumers residing in this state;
19 e. "Goods and services" means any goods and services, and shall
20 include any real property or any tangible personal property or services
21 of any kind;
22 f. "Person" means any natural person, association, partnership, firm,
23 corporation and its affiliates or subsidiaries or other business entity;
24 g. "Telemarketer" means any person who, for financial profit or
25 commercial purposes in connection with telemarketing, makes telemarket-
26 ing sales calls to a customer when the customer is in this state or any
27 person who directly controls or supervises the conduct of a
28 telemarketer, or any person who otherwise contracts for, uses or bene-
29 fits from telemarketing services. For the purposes of this section,
30 "commercial purposes" shall mean the sale or offer for sale of goods or
31 services.
32 h. "Telemarketing" means any plan, program or campaign which is
33 conducted to induce payment or the exchange of any other consideration
34 for any goods or services by use of one or more telephones and which
35 involves more than one telephone call by a telemarketer, or any person,
36 or agent of that person, in which the customer is located within the
37 state at the time of the call. Telemarketing does not include the
38 solicitation of sales through media other than by telephone calls.
39 i. "Telemarketing sales call" means a telephone call made by a tele-
40 marketer, or any person, or agent of that person, to a customer for the
41 purpose of inducing payment or the exchange of any other consideration
42 for any goods or services;
43 j. "Unsolicited telemarketing sales call" means any telemarketing
44 sales call other than a call made:
45 (i) in response to an express written or verbal request of the custom-
46 er called; or
47 (ii) in connection with an established business relationship, which
48 has not been terminated by either party; or
49 (iii) to an existing customer, unless such customer has stated to the
50 telemarketer that such customer no longer wishes to receive the telemar-
51 keting sales calls of such telemarketer; or
52 (iv) in which the sale of goods and services is [not] greater than or
53 equal to twenty-five thousand dollars and cannot be completed, and
54 payment or authorization of payment is not required, until after a face-
S. 6256 36 A. 9758
1 to-face sales presentation by the telemarketer or a meeting between the
2 telemarketer and customer.
3 2. The board shall establish and maintain a no telemarketing sales
4 calls statewide registry which shall contain a list of customers who do
5 not wish to receive unsolicited telemarketing sales calls. The board may
6 contract with a private vendor to establish and maintain such registry,
7 provided [the private vendor has maintained national no telemarketing
8 sales calls registries for more than two years, and] the contract
9 requires the vendor to provide the no telemarketing sales calls registry
10 in a printed hard copy format and in any other format as prescribed by
11 the board.
12 3. No telemarketer, or any person, or agent of that person, or seller
13 may make or cause to be made any unsolicited telemarketing sales call to
14 any customer more than thirty days after the customer's [name and] tele-
15 phone number or numbers appear on the then current quarterly no telemar-
16 keting sales calls registry made available by the board pursuant to
17 subdivision two of this section.
18 6. a. Where it is determined after hearing that any person has
19 violated one or more provisions of this section, the director, or any
20 person deputized or so designated by him or her may assess a fine not to
21 exceed [two] five thousand dollars for each violation.
22 b. Any proceeding conducted pursuant to paragraph a of this subdivi-
23 sion shall be subject to the state administrative procedure act.
24 c. Nothing in this subdivision shall be construed to restrict any
25 right which any person may have under any other statute or at common
26 law.
27 § 2. This act shall take effect immediately.
28 PART K
29 Section 1. Section 4 of part D of chapter 412 of the laws of 1999
30 amending the civil practice law and rules and the court of claims act
31 relating to prisoner litigation reform, is amended to read as follows:
32 § 4. This act shall take effect 120 days after it shall have become a
33 law and shall remain in full force and effect until [December 31, 2002]
34 September 1, 2003, when upon such date it shall expire [and be deemed
35 repealed].
36 § 2. This act shall take effect April 1, 2002, provided, however, if
37 this act shall become a law after such date it shall take effect imme-
38 diately and shall be deemed to have been in full force and effect on and
39 after April 1, 2002.
40 PART L
41 Section 1. Subdivisions 9 and 10 of section 301 of the county law are
42 REPEALED and three new subdivisions 9, 10, and 11 are added to read as
43 follows:
44 9. "Wireless communications device" means any equipment used to access
45 a wireless communications service.
46 10. "Wireless communications service" means all commercial mobile
47 services, as that term is defined in section 332(d) of title 47, United
48 States Code, as amended from time to time, including, but not limited
49 to, all broadband personal communications services, wireless radio tele-
50 phone services, geographic area specialized and enhanced specialized
51 mobile radio services, and incumbent-wide area specialized mobile radio
52 licensees, which offer real time, two-way voice or data service that is
S. 6256 37 A. 9758
1 interconnected with the public switched telephone network or otherwise
2 provides access to emergency communications services.
3 11. "Wireless communications service supplier" means any commercial
4 entity that operates a wireless communications service in New York
5 state.
6 § 2. The county law is amended by adding a new section 308-a to read
7 as follows:
8 § 308-a. Establishment of municipal wireless surcharges. 1. Notwith-
9 standing the provisions of any law to the contrary, any municipality of
10 this state, acting through its board, is hereby authorized and empowered
11 to adopt, amend or repeal local laws to impose a surcharge in an amount
12 not to exceed thirty cents per month on wireless communications service
13 in the municipality. The surcharge shall be imposed on each wireless
14 communications device and shall be reflected and made payable on bills
15 rendered for wireless communications service within the municipality.
16 All surcharge monies remitted to the municipality shall be used to pay
17 for costs associated with the design, construction, operation, mainte-
18 nance, and administration of public safety communications networks serv-
19 ing such municipality.
20 2. Any local law adopted pursuant to this section shall state the
21 amount of the surcharge and the date on which the wireless communi-
22 cations service supplier shall begin to add such surcharge to the bill-
23 ings of its customers. Any wireless communications service supplier
24 within a municipality which has imposed a surcharge pursuant to the
25 provisions of this section shall be given a minimum of forty-five days
26 written notice prior to the date it shall begin to add such surcharge to
27 the billings of its customers or prior to any modification to or change
28 in the surcharge amount.
29 3. (a) Each wireless communications service supplier serving a munici-
30 pality shall act as collection agent for the municipality and shall
31 remit the funds collected pursuant to a surcharge imposed under the
32 provisions of this section to the chief fiscal officer of the munici-
33 pality every month. Such funds shall be remitted no later than thirty
34 days after the last business day of the month.
35 (b) Each wireless communications service supplier shall be entitled to
36 retain, as an administrative fee, an amount equal to two percent of its
37 collections of a surcharge imposed under the provisions of this section.
38 (c) Any surcharge required to be collected by a wireless communi-
39 cations service supplier shall be added to and stated separately in its
40 billings to customers.
41 (d) Each wireless communications service customer who is subject to
42 the provisions of this section shall be liable to the municipality for
43 the surcharge until it has been paid to the municipality except that
44 payment to a wireless communications service supplier is sufficient to
45 relieve the customer from further liability for such surcharge.
46 (e) No wireless communications service supplier shall have a legal
47 obligation to enforce the collection of any surcharge imposed under the
48 provisions of this section, provided, however, that whenever the wire-
49 less communications service supplier remits the funds collected to the
50 municipality, it shall also provide the municipality with the name and
51 address of any customer refusing or failing to pay a surcharge imposed
52 under the provisions of this section and shall state the amount of such
53 surcharge remaining unpaid.
54 (f) Each wireless communications service supplier shall annually
55 provide to the municipality an accounting of the surcharge amounts
56 billed and collected.
S. 6256 38 A. 9758
1 4. All surcharge monies remitted to the municipality by a wireless
2 communications service supplier shall be expended only upon authori-
3 zation of the board and only for payment of system costs or other costs
4 associated with the design, construction, operation, maintenance, and
5 administration of public safety communications networks serving such
6 municipality. The municipality shall separately account for and keep
7 adequate books and records of the amount and source of all such monies
8 and of the amount and object or purpose of all expenditures thereof.
9 If, at the end of any fiscal year, the total amount of all such monies
10 exceeds the amount necessary for payment of the above mentioned costs in
11 such fiscal year, such excess shall be reserved and carried over for the
12 payment of those costs in the following fiscal year.
13 § 3. Section 309 of the county law, as added by chapter 166 of the
14 laws of 1991 and subdivisions 2 and 3 as amended by chapter 393 of the
15 laws of 1992, is amended to read as follows:
16 § 309. [Cellular telephone] State wireless communications service
17 surcharge. 1. Notwithstanding any provision of law to the contrary,
18 there shall be imposed a surcharge of seventy cents per month on [cellu-
19 lar telephone] wireless communications service in New York state. The
20 surcharge shall be imposed on [all cellular telephones] each wireless
21 communications device and shall be reflected and made payable on bills
22 rendered for [cellular telephone] wireless communications service within
23 New York state.
24 2. Each [cellular telephone] wireless communications service supplier
25 shall collect the surcharges imposed by subdivision one of this section
26 and shall remit the funds collected as the surcharge on [cellular tele-
27 phone] wireless communications service to the division of state police
28 on a quarterly basis, by January thirty-first, April thirtieth, July
29 thirty-first, and October thirty-first of each year. The [cellular
30 telephone] wireless communications service supplier shall be entitled to
31 retain as an administrative fee an amount equal to two percent of its
32 collections of the surcharge pursuant to this section. However, the
33 [cellular telephone] wireless communications service supplier shall have
34 no legal obligation to enforce the collection of any surcharge.
35 3. Notwithstanding any provision of law to the contrary, all surcharge
36 monies remitted to the division of state police pursuant to this section
37 shall be deposited to the seized assets account of the miscellaneous
38 special revenue fund for payment of [division of] state [police] costs
39 related to [statewide] the design, construction, operation, maintenance,
40 and administration of [a cellular 911 emergency telecommunications
41 system] statewide communications networks that support public safety,
42 and to other state public safety and security programs, including but
43 not limited to the detection, protection against, prevention, response
44 and recovery from terrorist acts or threats, state police operated
45 public safety answering points for wireless 911 calls, and to the New
46 York state emergency services revolving loan account.
47 4. The state of New York and any municipality participating with the
48 New York state division of state police in the provision of [cellular]
49 wireless 911 emergency services shall be exempt from any surcharge
50 imposed under this section.
51 § 4. This act shall take effect April 1, 2002; provided, however, if
52 this act shall become a law after such date it shall take effect imme-
53 diately and shall be deemed to have been in full force and effect on and
54 after April 1, 2002.
55 PART M
S. 6256 39 A. 9758
1 Section 1. Definitions. As used in this act, unless the context clear-
2 ly requires otherwise:
3 a. "Retirement system" means the New York state and local employees'
4 retirement system, the New York state teachers' retirement system, the
5 New York city teachers' retirement system, the New York city board of
6 education retirement system or the New York city employees' retirement
7 system, exclusive of the retirement plans established pursuant to
8 sections 13-156 and 13-157 of the administrative code of the city of New
9 York.
10 b. "Teachers' retirement system" means the New York state teachers'
11 retirement system or the New York city teachers' retirement system.
12 c. "Optional retirement program" means the programs established pursu-
13 ant to the provisions of section 181, 391 or 6251 of the education law;
14 or continued pursuant to section 3 of chapter 980 of the laws of 1962.
15 d. "State employer" means (a) the executive branch of the state, (b)
16 the state-operated institutions of the state university of New York, (c)
17 the statutory and contract colleges operated pursuant to section 357 of
18 the education law, (d) the state university construction fund ("fund"),
19 (e) a cooperative extension association ("association"), and (f) the
20 city university of New York as defined in subdivision 2 of section 6202
21 of the education law.
22 e. (a) "Participating employer" means an employer, other than a state
23 employer, which participates in a retirement system; such term shall
24 include a community college operating under the program of state univer-
25 sity of New York. Such term shall not include: (a) the unified court
26 system, (b) the senate, (c) the assembly, and (d) joint legislative
27 employers.
28 (b) "Educational employer" means a participating employer which is a
29 school district, a board of cooperative educational services, a voca-
30 tional education and extension board, an institution for the instruction
31 of the deaf and of the blind as enumerated in section 4201 of the educa-
32 tion law, or a school district as enumerated in section 1 of chapter 566
33 of the laws of 1967, as amended.
34 f. "Eligible employee" means a person who is a member of a retirement
35 system or a participant in an optional retirement program who is an
36 employee in the executive branch of a state employer or an employee of a
37 state employer or a participating employer which makes an election under
38 this section or section four of this act, but such term shall not
39 include the following persons:
40 (a) elected officials, judges or justices appointed to or serving in a
41 court of record and acting village justices;
42 (b) chief administrative officers of participating employers which
43 participate in a teachers' retirement system;
44 (c) officers described in sections 4, 41-a, 46, 61, 70, 70-a, 169
45 (including those officers whose salary is established pursuant to salary
46 plans under subdivision 3 of such section), 180 and subdivision 1 of
47 section 41 of the executive law and any agency or department head
48 appointed by the governor, comptroller or attorney general; and
49 (d) appointed members of boards or commissions any of whose members
50 are appointed by the governor or by another state officer or body.
51 g. "Eligible title" means any title where a certain number of posi-
52 tions in that title, as identified by agency, department, work location
53 or appointing authority, college or campus, as the case may be, are to
54 be eliminated in accordance with the provisions of section eight of this
55 act because of economy, consolidation or abolition of functions,
56 curtailment of activities or otherwise. However, an eligible title can
S. 6256 40 A. 9758
1 also include a title as identified by agency, department, work location
2 or appointing authority in which positions have not been eliminated but
3 into which employees in titles affected by layoff can be transferred or
4 reassigned pursuant to the civil service law, rule or regulation. The
5 determination of eligible titles shall be made by: (a) the appointing
6 authority, subject to the approval of the director of state operations
7 for titles within the executive branch, (b) the board of trustees for
8 the state university (including the association), the fund, the city
9 university of New York and of each community college operating under the
10 program of the state university, and (c) the chief executive officer or
11 other comparable official for participating employers other than the
12 community colleges.
13 h. "College faculty" means an employee, not in the classified service,
14 of a state employer described in paragraphs (b) through (f) of subdivi-
15 sion d of this section or of a community college who is a member of a
16 teachers' retirement system, the New York state and local employees'
17 retirement system or a participant in an optional retirement program.
18 i. "Active service" means service while being paid on the payroll,
19 provided that (a) a leave of absence with pay shall be deemed active
20 service; (b) other approved leave without pay not to exceed twelve weeks
21 from the effective date of this act and the commencement of the desig-
22 nated open period; and (c) the period of time subsequent to the June
23 2002 school term and on or before August 30, 2002 for a teacher (or
24 other employee employed on a school-year basis) who is otherwise in
25 active service on the effective date of this act shall be deemed active
26 service.
27 j. "Open period or periods" means the period beginning with the
28 commencement date and shall not be more than 90 days nor less than 30
29 days in length, as specified by the director of state operations or by a
30 participating employer pursuant to section four of this act, by the
31 appropriate board of trustees for the state university (including the
32 association), the fund, the city university of New York or a community
33 college operating under a program of the state university; provided
34 however that any such period shall not extend beyond March 31, 2003 for
35 the executive branch of a state employer described in paragraphs (a) and
36 (b) of subdivision d of this section (except for college faculty), not
37 beyond December 31, 2002 for participating employers, college faculty
38 for a state employer described in paragraph (b) of subdivision d of this
39 section, state employers described in paragraphs (c) through (e) of such
40 subdivision d, not beyond January 31, 2003 for college faculty of an
41 employer described in paragraph (f) of such subdivision d, and not
42 beyond August 30, 2002 for educational employers. For the purposes of
43 retirement pursuant to this act, a service retirement application must
44 be filed with the appropriate retirement system not less than fourteen
45 days prior to the effective date of retirement to become effective.
46 k. "Commencement date" means the first day the retirement incentive
47 authorized by this act shall be made available, which shall mean a date
48 or dates on or after the effective date of this act to be determined by
49 the director of state operations for the executive branch of the state,
50 and which date or dates shall occur no later than thirty days before
51 March 31, 2003 or for any other state employer or any participating
52 employer a date on or after the effective date of this act. The director
53 of state operations shall notify the head of the appropriate retirement
54 system of the date of each open period applicable to employees of the
55 executive branch of a state employer prior to the commencement date.
S. 6256 41 A. 9758
1 § 2. The determination of whether a title shall be considered eligible
2 shall consider whether the abolition of a specific number of positions
3 within a title would unacceptably:
4 a. Directly result in a reduction of the level of service required or
5 mandated to protect and care for clients of the state or a participating
6 employer or to assure public health and safety;
7 b. Endanger the health or safety of employees of the state or a
8 participating employer; or
9 c. Clearly result in a loss of significant revenue to the state or a
10 participating employer or result in substantially increased overtime or
11 contractual costs. However, upon the determination of the director of
12 state operations, with respect to employees of the executive branch of a
13 state employer, any titles may be determined eligible if the vacancies
14 created can be controlled by the use of transfer or reassignment
15 provisions of the civil service law, rules or regulations or other
16 deployment of state employees.
17 § 3. a. Eligibility for inclusion in the retirement incentive provided
18 by section six of this act shall be determined: (a) by seniority: for
19 participating employers and for state employers described in paragraphs
20 (a) through (f) of subdivision d of section one of this act, other than
21 for college faculty; seniority shall mean the date of original permanent
22 appointment in the civil service of the state adjusted to include veter-
23 an's credits for those entitled to receive such credits pursuant to
24 sections 80 and 80-a, if applicable, of the civil service law, as estab-
25 lished in the official records of the department of civil service,
26 regardless of the jurisdictional classification of the position or the
27 status of the incumbent; and (b) for college faculty, by the board of
28 trustees of the state university, city university and of each community
29 college operating under the program of the state university.
30 b. All eligible employees serving in eligible titles desiring to avail
31 themselves of the retirement incentive provided by section six of this
32 act shall provide written notice to his or her employer on or before the
33 twenty-first day preceding the end of the open period, or before the end
34 of the applicable open period as such open period is determined by the
35 director of state operations. Failure to provide such written notice
36 shall render the employee ineligible for the retirement incentive
37 provided by this act.
38 § 4. a. On or before August 30, 2002, a participating employer or a
39 state employer described in paragraphs (b) through (f) of subdivision d
40 of section one of this act may elect to provide its employees the
41 retirement incentive authorized by this act by (a) the enactment of a
42 local law, or (b) in the case of a participating employer which is not
43 so empowered to act by local law or a state employer described in para-
44 graphs (b) through (f) of subdivision d of section one of this act, by
45 the adoption of a resolution of its governing body; provided however, no
46 local law or resolution enacted pursuant to this section shall in any
47 manner supersede any local charter, provided further, that for an educa-
48 tional employer such election must be made by July 26, 2002. The local
49 law or resolution shall specify the commencement date or dates (if
50 different for college faculty) of the program and the length of the open
51 period or periods (if different for college faculty). For a community
52 college operating under the program of state university of New York,
53 such election shall be made by the board of trustees of such community
54 college subject to the approval of its sponsor. A copy of such law or
55 resolution shall be filed with the appropriate retirement system or
56 systems, and, if applicable, on forms provided by such system. The local
S. 6256 42 A. 9758
1 law or resolution shall be accompanied by the affidavit of the chief
2 executive officer or other comparable official certifying to the infor-
3 mation contained in subdivision b of this section.
4 b. Notwithstanding any other provision of law, the benefits provided
5 by this act shall not be made available to any person who (a) has
6 received any retirement incentive authorized by provision of state law,
7 or (b) who receives, has received or is eligible to receive a payment in
8 a lump sum or in another form a retirement incentive pursuant to the
9 provisions of a collective bargaining agreement or by other arrangement
10 with his or her employer, unless such person files a written statement
11 with his or her employer, a copy of which shall be forwarded to the
12 appropriate retirement system, that he or she agrees to waive any right
13 to such payment. A participating employer who makes an election pursuant
14 to this section and who offers or has offered a retirement incentive
15 pursuant to the provisions of a collective bargaining agreement or by
16 other arrangement shall prepare, and file with each retirement system, a
17 list containing the names and social security numbers of all persons
18 described in this paragraph.
19 c. Notwithstanding any other provision of this act, the mayor of the
20 city of New York may declare employees of the community colleges of the
21 city university of New York ineligible for the retirement incentive
22 provided by this act by filing such notification with the chancellor of
23 the city university of New York, with copies to the chair of the senate
24 finance committee, the chair of the assembly ways and means committee
25 and the director of the budget, in writing, no later than the thirtieth
26 day next succeeding the effective date of this act.
27 § 5. Notwithstanding any other provision of law, any eligible employee
28 serving in an eligible title who (a) has been continuously in the active
29 service of a state employer or of a participating employer from the
30 effective date of this act to the date immediately prior to the
31 commencement date of the applicable open period, (b) files an applica-
32 tion for service retirement (or files the appropriate application and
33 authorization form with the optional retirement program and a duly
34 acknowledged retirement incentive form for such program with the appro-
35 priate personnel office) that is effective during the open period, and
36 (c) is otherwise eligible for a service retirement as of the effective
37 date of the application for retirement shall be entitled to the retire-
38 ment incentive provided in section six of this act. If not so otherwise
39 eligible for a service retirement, the following persons shall be deemed
40 to satisfy the eligibility condition of this section: a person who is at
41 least age fifty with ten or more years service as of the effective date
42 of retirement (other than a member of a retirement plan which provides
43 for half-pay pension upon completion of twenty-five years or less
44 service without regard to age); a member of a retirement plan which
45 provides for half-pay pension upon completion of twenty-five years of
46 service without regard to age who has not accrued, excluding additional
47 credit granted pursuant to this act, the minimum number of years of
48 service required to retire with an allowance equal to fifty percent of
49 final average salary under such plan, but has, with the inclusion of the
50 additional credit provided under this act, accrued such number of years
51 of credit; or a participant in an optional retirement plan at least
52 fifty years of age with ten years of service on an annual salary basis
53 with his or her employer as of the date of retirement.
54 § 6. Notwithstanding any other provision of law, an eligible employee
55 serving in an eligible title who is:
S. 6256 43 A. 9758
1 a. A member of a retirement system and who is entitled to a retirement
2 incentive pursuant to section five of this act shall receive a retire-
3 ment incentive of one-twelfth of a year of additional retirement credit
4 for each year of pension service credited as of the date of retirement,
5 up to a maximum of three years of retirement service credit at the time
6 of retirement. For the New York city teachers' retirement system, New
7 York city employees' retirement system and the New York city board of
8 education retirement system such incentive shall be available for all
9 purposes, including fulfilling the qualifying service requirements of
10 plan A and C, if applicable.
11 An eligible employee who is covered by the provisions of article 15 of
12 the retirement and social security law shall retire under the provisions
13 of article 15 of the retirement and social security law. The amount of
14 such benefit for an eligible employee who is covered by article 15 of
15 such law and retires under the provisions of this section (other than a
16 member with thirty or more years of service who is at least age fifty-
17 five in the New York state and local employees' retirement system or a
18 teachers' retirement system) shall be reduced by six percent for each of
19 the first two years by which retirement precedes age sixty-two, plus a
20 further reduction of three percent for each year by which retirement
21 precedes age sixty, provided, however, the foregoing reductions shall
22 not apply: (a) in any case where an eligible employee can retire after
23 twenty-five years of service with immediate payability prior to the age
24 of sixty-two pursuant to section 604-b of the retirement and social
25 security law or (b) to any time period subsequent to the point at which
26 an eligible employee can retire for service without reduction of his or
27 her service retirement allowance pursuant to article 16 of the retire-
28 ment and social security law. Such reduction shall be prorated for
29 partial years. The amount of such benefit for an eligible employee with
30 thirty or more years of service who is a member of the New York state
31 and local employees' retirement system or a teachers' retirement system
32 or an eligible employee who is a participant in the optional twenty-five
33 year early retirement program for certain New York city members governed
34 by section 604-c of the retirement and social security law, as added by
35 chapter 96 of the laws of 1995, with twenty-five or more years of
36 service and who is covered by such article 15 shall be reduced by five
37 percent for each year by which retirement pursuant to this section
38 precedes age fifty-five. The amount of such benefit for an eligible New
39 York city employee with ten or more years of service and who is a
40 participant in the age fifty-seven retirement program governed by
41 section 604-d of the retirement and social security law shall be reduced
42 by one-thirtieth for the first two years by which retirement precedes
43 age fifty-seven plus a further reduction of one-twentieth for each year
44 by which retirement precedes age fifty-five. Such reduction shall be
45 prorated for partial years. There shall be no reduction for an eligible
46 New York city employee in a physically taxing position with twenty-five
47 or more years of service and who is a participant (i) in the optional
48 twenty-five year early retirement program for certain members governed
49 by section 604-c of the retirement and social security law or (ii) in
50 the age fifty-seven retirement program governed by section 604-d of the
51 retirement and social security law.
52 An eligible employee serving in an eligible title who is covered by
53 article 11 of the retirement and social security law shall retire under
54 the provisions of such article 11. The amount of such benefit for an
55 eligible employee covered by such article 11 other than a member of a
56 teachers' retirement system or a member of the New York state and local
S. 6256 44 A. 9758
1 employees' retirement system with thirty or more years of service or a
2 participant in the optional age fifty-five improved benefit retirement
3 program for certain New York city employees governed by section 445-d of
4 the retirement and social security law, as added by chapter 96 of the
5 laws of 1995, with twenty-five or more years of service shall be reduced
6 by six percent for each of the first two years by which retirement
7 pursuant to this section precedes age sixty-two, plus a further
8 reduction of three percent for each year by which retirement pursuant to
9 this section precedes age sixty, provided, however, the foregoing
10 reductions shall not apply: (a) in any case where an eligible employee
11 can retire pursuant to a plan which permits retirement for service with
12 immediate payability, exclusive of this act, prior to the age of fifty-
13 five or (b) to any time period subsequent to the point at which an
14 eligible employee can retire for service without reduction of his or her
15 service retirement allowance pursuant to article 16 of the retirement
16 and social security law. Such reduction shall be prorated for partial
17 years. The amount of such benefit for an eligible employee who is a
18 member of a teachers' retirement system or a member of the New York
19 state and local employees' retirement system with thirty or more years
20 of service or a participant in the optional age fifty-five improved
21 benefit retirement program for certain New York city employees governed
22 by section 445-d of the retirement and social security law, as added by
23 chapter 96 of the laws of 1995, with twenty-five or more years of
24 service and who is covered by such article 11 shall be reduced by five
25 percent for each year by which retirement pursuant to this section
26 precedes age fifty-five. Such reduction shall be prorated for partial
27 years. There shall be no reduction for an eligible New York city employ-
28 ee in a physically taxing position and who is a participant in the
29 optional age fifty-five improved benefit retirement program for certain
30 New York city employees governed by section 445-d of the retirement and
31 social security law, as added by chapter 96 of the laws of 1995, with
32 twenty-five or more years of service.
33 An eligible employee serving in an eligible title who is not covered
34 by article 11 or 15 of the retirement and social security law shall
35 retire under the provisions of the plan by which he or she is covered.
36 The amount of such benefit shall be reduced by five percent for each
37 year by which retirement pursuant to this section precedes age fifty-
38 five, provided, however, the foregoing reductions shall not apply: (a)
39 in any case where an eligible employee can retire pursuant to a plan
40 which permits retirement for service with immediate payability, exclu-
41 sive of this act, prior to the age of fifty-five or (b) to any time
42 period subsequent to the point at which an eligible employee can retire
43 for service without reduction of his or her service retirement allowance
44 pursuant to article 16 of the retirement and social security law. Such
45 reduction shall be prorated for partial years.
46 An eligible employee serving in an eligible title who participates in
47 a retirement plan which provides for a retirement allowance equal to
48 fifty percent of final average salary upon the completion of twenty-five
49 years of service without regard to age and who is otherwise eligible to
50 retire shall retire under the provisions of such plan. Such employee
51 shall, at the time of retirement, be credited with one-twelfth of a year
52 of additional retirement service credit for each year of service credit-
53 ed under such plan as of the date of retirement, up to a maximum of
54 three years of retirement service credit, subject to the provisions of
55 the succeeding paragraph.
S. 6256 45 A. 9758
1 If such employee has not accrued, excluding additional credit granted
2 pursuant to this act, the minimum number of years of service required to
3 retire with an allowance equal to fifty percent of final average salary
4 under such plan, but has, with the inclusion of the additional credit
5 provided under this act, accrued such number of years of credit, the
6 benefit payable shall be the percentage of final average salary that
7 would ordinarily be applicable to such individual upon retirement with
8 such amount of credit (including incentive credit), reduced by five per
9 centum per year for each year by which the number of years of service
10 otherwise required to retire with an allowance equal to fifty percent of
11 final average salary under such plan exceeds the amount of service cred-
12 ited to such employee under such plan at retirement (excluding the addi-
13 tional retirement incentive service credit provided pursuant to this
14 act). Such reduction shall be prorated for partial years.
15 b. A participant in an optional retirement program who is entitled to
16 a retirement incentive pursuant to section five of this act shall
17 receive an additional employer contribution equal to an amount, which
18 shall be calculated as follows: (one-twelfth for each year of service)
19 multiplied by (fifteen percent) multiplied by (the employee's earnable
20 annual salary rate in effect on March 1, 2002 or the effective date of
21 this act if the employee retires prior to March 1, 2002), such amount
22 not to exceed forty-five percent of such salary rate. Such contribution
23 shall be made to the employee's retirement annuity under the optional
24 retirement program up to the maximum contribution allowable under
25 section 415 of the internal revenue code. Any contribution in excess of
26 that limit shall be contributed by the employer to an internal revenue
27 code section 403 (b) contract on behalf of the employee to the extent it
28 can be contributed on a before-tax basis under the maximum limits
29 allowed under the internal revenue code. Contributions in excess of
30 that amount shall be paid in cash to the participant in three equal
31 installments during a twenty-four month period commencing on such eligi-
32 ble employee's effective date of retirement. Provided, however, if the
33 employee is employed by the city university of New York and in the
34 active service of such employer on October 1, 2002 or the effective date
35 of this act if the employee retires prior to October 1, 2002, the
36 employee's earnable annual salary rate shall be the annual salary rate
37 in effect on such applicable date.
38 § 7. a. An employee of a state employer, other than the city universi-
39 ty of New York, who retires pursuant to this act may defer calculation
40 of the value of accumulated sick leave credits, if any, and partic-
41 ipation in the state health insurance plan.
42 b. Where there is an agreement in accordance with article 14 of the
43 civil service law, an employee of a state employer described in para-
44 graph (a) or (b) of subdivision d of section one of this act who retires
45 pursuant to this act whose last day of active service is within thirty
46 days prior to April 1, 2002 or April 1, 2003, who would, if in active
47 service through March 31, 2002 or March 31, 2003, as applicable, be
48 eligible for a lump sum longevity performance award or other lump sum
49 payments shall receive such payment. An employee who retires pursuant to
50 this act whose last day of active service is within thirty days prior to
51 April 1, 2002 or April 1, 2003, who would, if in active service through
52 March 31, 2002 or March 31, 2003, as applicable, be eligible for a lump
53 sum longevity performance award or other lump sum shall receive payment.
54 c. Notwithstanding any other provision of law, any termination pay or
55 leave arising from accrued sick leave or accrued annual leave for an
56 eligible employee who has elected the retirement incentive provided by
S. 6256 46 A. 9758
1 this act and who is a member of the New York city teachers' retirement
2 system employed by the board of education of the city of New York shall
3 be paid in three equal installments during a twenty-four month period
4 commencing on such eligible employee's effective date of retirement.
5 d. An employee of the city of New York or the city university of New
6 York, as defined in subdivision 2 of section 6202 of the education law
7 who retires under the retirement incentive provided by this act who is
8 eligible for terminal leave pursuant to an applicable collective
9 bargaining agreement or a personnel policy or rule or retirement leave
10 pursuant to section 3107 of the education law or who has an accrued
11 annual leave balance on the effective date of retirement shall be paid
12 in three equal installments two months, fourteen months and twenty-four
13 months following such eligible employee's effective date of retirement.
14 § 8. a. With respect to employees of a state employer, any position,
15 other than a position supported by special revenue funds, vacated as a
16 result of an eligible employee in an eligible title receiving the
17 retirement incentive provided by section six of this act shall be elimi-
18 nated unless such position is identified as one into which another state
19 employee can be appointed, transferred or reassigned pursuant to the
20 civil service law, or rules or regulations of the state civil service
21 commission, in which case the former position of the state employee so
22 appointed, transferred or reassigned shall be eliminated. Identification
23 of positions pursuant to the preceding sentence shall be made by the
24 official or entity described in paragraphs (a) through (d) of this
25 subdivision for titles listed therein:
26 (a) the director of state operations for titles within the executive
27 branch,
28 (b) the board of trustees for the state university for titles within
29 the state-operated institutions of the state university of New York and
30 the statutory, contract colleges operated pursuant to section 357 of the
31 education law and the cooperative extension association;
32 (c) the board of trustees of the state university construction fund
33 for titles within the fund; and
34 (d) the board of trustees of the city university of New York as
35 defined in subdivision 2 of section 6202 of the education law for titles
36 within the city university.
37 b. (a) The director of state operations shall direct the department of
38 civil service to prepare a report designating the title, grade level,
39 salary, and classification, according to appointing authority, (i) of
40 each position which is eliminated pursuant to subdivision a of this
41 section, (ii) of each position into which another state employee was
42 appointed, transferred, or reassigned and the former position of such
43 state employee, and (iii) of each position which is eliminated as a
44 result of an appointment, transfer or reassignment referred to in
45 subparagraph (ii) of this paragraph. Such report shall be available no
46 later than 90 days after the last date of the open period related to
47 such positions.
48 (b) The officials or entities listed in paragraphs (b) through (d) of
49 subdivision a of this section shall prepare a report designating the
50 title, grade level, salary, and classification, (i) of each position
51 which is eliminated pursuant to subdivision a of this section, (ii) of
52 each position into which another state employee was appointed, trans-
53 ferred, or reassigned and the former position of such state employee,
54 and (iii) of each position which is eliminated as a result of an
55 appointment, transfer or reassignment referred to in subparagraph (ii)
S. 6256 47 A. 9758
1 of this paragraph. Such report shall be available no later than 90 days
2 after the last date of the open period related to such positions.
3 § 9. a. A participating employer shall not be required to eliminate
4 the positions of eligible employees in eligible titles receiving the
5 retirement incentive provided by section six of this act if such employ-
6 er can demonstrate that it will achieve a compensation savings such that
7 the total amount of base salary paid for the two-year period subsequent
8 to the effective date of retirement for such eligible employees in
9 eligible titles to those new hires, if any, who otherwise would not have
10 been hired by such employer after the effective date of this act but for
11 the retirement incentive provided herein shall be no more than one-half
12 of the total amount of base salary that would have been paid to such
13 eligible employees from their date of retirement for such two-year peri-
14 od. Each such employer shall make available its plans for achieving
15 these savings.
16 b. The city of New York shall not be required to eliminate the posi-
17 tions of eligible employees in eligible titles receiving the retirement
18 incentive provided by section six of this act if such participating
19 employer can demonstrate that it will achieve a compensation or equiv-
20 alent headcount savings such that the total amount of compensation
21 including benefits paid for the two-year period subsequent to the effec-
22 tive date of retirement for such eligible employees in eligible titles
23 to those new hires, if any, who otherwise would not have been hired by
24 such employer after the effective date of this act but for the retire-
25 ment incentive provided herein shall be no more than one-half of the
26 total amount of base salary that would have been paid to such eligible
27 employees from their date of retirement for such two-year period. For
28 purposes of this subdivision, the "city of New York" shall mean the city
29 of New York or a participating employer a majority of the members of
30 whose governing body are: (a) appointed by the mayor of the city of New
31 York or other citywide elected official, a borough president of the city
32 of New York, or any combination thereof; (b) designated by virtue of
33 their city of New York office or position or their office or position
34 with a participating employer whose governing board is described in
35 paragraph (a) of this subdivision; or (c) appointed or designated by any
36 combination of the foregoing. Such employer shall make available its
37 plans for achieving these savings.
38 § 10. Nothing in this act shall be used to provide benefits that shall
39 exceed the limits contained in section 415 of the internal revenue code.
40 Provided, however, any service retirement benefit which has been reduced
41 because of section 415 of the internal revenue code shall be increased
42 when (and consistent with) the dollar limits in such section 415 are
43 adjusted by the internal revenue service for cost of living increases.
44 Such increases shall not increase the benefit in excess of the service
45 retirement benefit otherwise payable.
46 § 11. Any eligible employee who retires pursuant to the provisions of
47 this act and enters or reenters public service as defined in subdivision
48 e of section 210 of the retirement and social security law and joins or
49 rejoins any public retirement system of the state as defined in subdivi-
50 sion 6 of section 152 of the retirement and social security law or
51 elects to participate in an optional retirement program shall if the
52 additional benefit was provided pursuant to: (a) subdivision a of
53 section six of this act, forfeit the additional benefit authorized by
54 this act at the time of his or her subsequent retirement; or (b) subdi-
55 vision b of section six of this act, repay to the state or participating
S. 6256 48 A. 9758
1 employer such additional contribution together with the appropriate
2 interest as determined by the state comptroller.
3 § 12. Notwithstanding any other provision of law, if the service
4 retirement benefit of the member is subject to a maximum retirement
5 benefit, the additional benefit authorized by this act will be computed
6 by multiplying the final average salary times the number of years of
7 service credit granted by section six of this act times the benefit
8 fraction of the plan under which the member retires.
9 § 13. The provisions of section 430 of the retirement and social secu-
10 rity law shall not apply to any benefit or benefit improvement provided
11 by this act.
12 § 14. The pension benefit costs of subdivision a of section six of
13 this act shall be paid by employers as provided by applicable law for
14 each retirement system covered by this act over a period not to exceed
15 five years commencing in the state fiscal year ending March 31, 2004.
16 § 15. This act shall take effect immediately.
FISCAL NOTE. -- This bill would provide a retirement incentive for
certain members of the New York State and Local Employees' Retirement
System, New York State Teachers' Retirement System, the New York City
Teachers' Retirement System, the New York City Board of Education or the
New York City Employees' Retirement System.
The incentive would provide one-twelfth of a year of additional
retirement credit for each year of service credited as of the date of
retirement, up to a maximum of three years. For certain members who are
not otherwise eligible for a service retirement benefit, this bill would
provide reductions of five percent per year that retirement occurs prior
to previous eligibility.
If this bill is enacted, the additional cost for each member who
receives this benefit will vary depending upon the member's age, years
of service, plans and final average salary. We anticipate that the per-
member cost (at retirement) of this benefit will average between 50% and
75% of a member's final average salary. This cost will be borne by
electing employers over a five-year period commencing with a payment in
the State fiscal year 2003-2004.
This estimate was prepared by the New York state division of the budg-
et based on information provided by the New York State and Local Employ-
ees' Retirement System and the New York State Teachers' Retirement
System.
17 PART N
18 Section 1. The state comptroller is hereby authorized and directed to
19 loan money in accordance with the provisions set forth in subdivision 5
20 of section 4 of the state finance law to the following funds and/or
21 accounts:
22 1. Combined expendable trust fund (020):
23 a. New York institute for cultural education account.
24 2. Tuition reimbursement fund (050):
25 a. Proprietary vocational school supervision account (02).
26 3. Local government records management improvement fund (052).
27 4. Health facilities capital improvement fund (071).
28 5. Dedicated highway and bridge trust fund (072).
29 6. State parks infrastructure trust fund (076).
30 7. Clean water/clean air implementation fund (079).
31 8. State lottery fund (160).
32 9. Medicaid management information system escrow fund (179).
S. 6256 49 A. 9758
1 10. Federal USDA-food and nutrition services fund (261):
2 a. 2001 child and adult food care grant account.
3 b. 2002 child and adult food care grant account.
4 c. 2001 federal food and nutrition services account.
5 d. 2002 federal food and nutrition services account.
6 11. Federal health and human services fund (265):
7 a. Miscellaneous agencies (80).
8 b. 2001 children's health insurance account (4W).
9 c. 2002 children's health insurance account.
10 12. Federal block grant fund (269):
11 a. 2001 maternal and child health services block grant (N4).
12 b. 2002 maternal and child health services block grant.
13 c. 2001 preventive health and human services block grant (N5).
14 d. 2002 preventive health and human services block grant.
15 e. 2001 abstinence education grant (N8).
16 f. 2002 abstinence education grant.
17 g. 2001 individuals with disabilities education act-part c (54).
18 h. 2002 individuals with disabilities education act-part c.
19 13. Federal operating grants fund (290):
20 a. National recreation trail act grants (07).
21 b. State side land and water conservation act (08).
22 c. Historic preservation grants (13).
23 d. Division of human rights federal housing assistance (19).
24 e. Division of military and naval affairs training sites (30).
25 f. FTA program management account (34).
26 g. Division of military and naval affairs army and national guard
27 contract (35).
28 h. Division of military and naval affairs air national guard
29 contract(36).
30 i. Division of military and naval affairs air national guard security
31 guards (38).
32 j. Division of military and naval affairs emergency management account
33 (72).
34 k. HUD - emergency shelter grants (75).
35 l. Federal library services technology act account (90).
36 m. Federal energy management account - state heating oil program (AE).
37 n. HUD - HOPWA automated (AK).
38 o. Federal McKinney homeless grant program (AY).
39 p. National park rehab (A1).
40 q. Encon ISTEA (A9).
41 r. Division of veterans' affairs - veterans' education account (B5).
42 s. FTA program management account (FT).
43 t. Division of human rights federal equal opportunity (G1).
44 u. National community service fund (JA).
45 v. Rural and small urban transit aid account (L2).
46 w. Federal housing and urban development account-local planning (L3).
47 x. Urban mass transportation administration account-local planning
48 (L4).
49 y. Federal fund for pipeline safety account - 1983 pipeline safety
50 grant (L8).
51 z. Foster care and adoption (W6).
52 aa. Encon agriculture (Y1).
53 bb. Encon commerce (Y2).
54 cc. Wildlife restoration (Y3).
55 dd. Encon EPA (Y4).
56 ee. Interior non wildlife (Y7).
S. 6256 50 A. 9758
1 ff. Air pollution control (Y8).
2 gg. Hazardous waste (Y9).
3 hh. Army (YO).
4 ii. Protection and advocacy for beneficiaries of social security (2I)
5 jj. COPSMORE 98 grant (2P).
6 kk. 2001 Safe drinking water (2X).
7 ll. 2002 Safe drinking water.
8 mm. 2001 State indoor radon (2Y).
9 nn. 2002 State indoor radon.
10 oo. 2001 Asbestos compliance monitoring (2Z).
11 pp. 2002 Asbestos compliance monitoring.
12 qq. 2001 pollution prevention for the health care industry.
13 rr. 2002 pollution prevention for the health care industry.
14 ss. 2001 hazardous air pollutants and acute asthma in urban areas.
15 tt. 2002 hazardous air pollutants and acute asthma in urban areas.
16 uu. 2001 summer food grant.
17 vv. 2002 summer food grant.
18 ww. OCA - federal grants for drug court accounts.
19 xx. Lead based paint program account (CH).
20 yy. Manufacturing extension partnership account.
21 14. Federal capital projects fund (291).
22 15. Environmental conservation special revenue fund (301):
23 a. Hazardous bulk storage account (F7).
24 b. Utility environmental regulation account (H4).
25 c. Low level radioactive waste siting account (K5).
26 d. Recreation account (K6).
27 e. Conservationist magazine account (S4).
28 f. Environmental regulatory account (S5).
29 g. Mined land reclamation program account (XB).
30 16. Environmental protection and oil spill compensation fund (303).
31 17. Hazardous waste remedial fund (312):
32 a. Site investigation and construction account (01).
33 18. Mass transportation operating assistance fund (313).
34 19. Clean air fund (314).
35 20. Centralized services account (323).
36 21. Suburban transportation fund (327).
37 22. Agency enterprise fund (331):
38 a. OGS convention center account (55).
39 23. Agencies internal service fund (334).
40 24. Miscellaneous special revenue fund (339):
41 a. Adoption information registry account (01).
42 b. Statewide planning and research cooperative system account (03).
43 c. Energy office utility conservation activities account (06).
44 d. New York state thruway authority account (08).
45 e. Office of mental retardation and developmental disabilities nonper-
46 sonal service patient income account (10).
47 f. Empire state plaza arts center corporation account (12).
48 g. Civic center account (14).
49 h. Financial control board account (15).
50 i. New York metropolitan transportation council account (17).
51 j. Food assistance program account (19).
52 k. Quality of care account (20).
53 l. Continuing care retirement community account (28).
54 m. Education museum account (31).
55 n. Surplus commodity container account (40).
56 o. Hospital and nursing home management account (44).
S. 6256 51 A. 9758
1 p. State university dormitory income reimbursable account (47).
2 q. Energy research account (60).
3 r. Criminal justice improvement account (62).
4 s. New York fire academy account (72).
5 t. Environmental laboratory reference fee account (81).
6 u. Clinical laboratory reference fee account (90).
7 v. Minority and women's business development account (91).
8 w. Public employment relations board account (93).
9 x. Radiological health protection account (95).
10 y. Legal technology account (A1).
11 z. Education library account (A3).
12 aa. Teacher certification program account (A4).
13 bb. Banking department account (A5).
14 cc. Cable television account (A6).
15 dd. Small business administration account (A8).
16 ee. Hospital based grants program account (AF).
17 ff. Indirect cost recovery account (AH).
18 gg. High school equivalency program account (AI).
19 hh. DOH administration account (AP).
20 ii. Rail safety inspection account (AQ).
21 jj. Administrative reimbursement account (AR).
22 kk. Multi-agency training account (AY).
23 ll. Insurance department account (B6).
24 mm. Workers' compensation account (B7).
25 nn. Bell jar account (BJ).
26 oo. Industry and utility service account (BK).
27 pp. Energy efficient rebate account (BL).
28 qq. Auditing services refund account (BN).
29 rr. Real property disposition account (BP).
30 ss. Parking account (BQ).
31 tt. Procurement revenue account (BR).
32 uu. Asbestos safety training program account (BW).
33 vv. Improvement of real property tax administration account (BZ).
34 ww. Public service account (C3).
35 xx. State central register account (CY).
36 yy. Plant industry account (CZ).
37 zz. Batavia school for the blind account (D9).
38 aaa. Surplus property account (DE).
39 bbb. Financial oversight account (DI).
40 ccc. Medicaid fraud control account (DL).
41 ddd. Regulation of indian gaming account (DT).
42 eee. Special conservation activities account (DU).
43 fff. Office of the professions account (E3).
44 ggg. Rome school for the deaf account (E6).
45 hhh. Seized assets account (E8).
46 iii. Administrative adjudication account (E9).
47 jjj. Federal salary sharing account (EC).
48 kkk. Transportation regulation account (F1).
49 lll. Education archives account (G1).
50 mmm. Local services account (G3).
51 nnn. Division of housing and community renewal housing
52 information systems special revenue account (H1).
53 ooo. Housing special revenue account (H2).
54 ppp. Triplicate prescription forms account (H5).
55 qqq. Department of motor vehicles compulsory insurance account (H7).
56 rrr. Housing credit agency application fee account (J5).
S. 6256 52 A. 9758
1 sss. EPIC premium account (J6).
2 ttt. Adult cystic fibrosis program account (L5).
3 uuu. Federal gasoline and diesel fuel excise tax account (L6).
4 vvv. Administrative reimbursement account (L7).
5 www. Maternal and child HIV services account (LC).
6 xxx. Low income housing credit monitoring fee account (NG).
7 yyy. Procurement opportunities newsletter account (P4).
8 zzz. Corporation administration account (P6).
9 aaaa. Excelsior capital corporation reimbursement account (R1).
10 bbbb. Motor fuel quality account (R4).
11 cccc. Weights and measures account (R5).
12 dddd. Deferred compensation administration account (R7).
13 eeee. Batavia medicaid income account (S1).
14 ffff. Rent revenue account (S8).
15 gggg. Rent revenue other account (RR).
16 hhhh. Transportation safety account (T1).
17 iiii. Transportation aviation account (T5).
18 jjjj. Solid waste management account (W3).
19 kkkk. Occupational health clinics account (W4).
20 llll. Examination and miscellaneous revenue account.
21 mmmm. State student financial aid audit account.
22 nnnn. Montrose veteran's home account (Q6).
23 oooo. Child support incentive revenue account (AX).
24 pppp. Telemarketer do not call account (F2).
25 qqqq. Small cities community development program account.
26 rrrr. Certificate of need account.
27 25. State university income fund (345):
28 a. State university general income offset account (11).
29 26. State police and motor vehicle law enforcement fund (354):
30 a. State police motor vehicle law enforcement account (02).
31 27. Youth facilities improvement fund (357).
32 28. Highway safety program fund (362).
33 29. Drinking water program management and administration fund (366).
34 30. New York city county clerks offset fund (368).
35 31. Housing assistance fund (374).
36 32. Housing program fund (376).
37 33. Department of transportation - engineering services fund (380).
38 34. Miscellaneous capital projects fund (387):
39 a. Clean air capital account (08).
40 35. Mental hygiene facilities capital improvement fund (389).
41 36. Joint/labor management administration fund (394):
42 a. Joint labor/management administration fund (01).
43 37. Audit and control revolving fund (395):
44 a. Executive direction internal audit account (04).
45 38. Health insurance internal service fund (396).
46 39. Correctional industries revolving fund (397).
47 40. Correctional facilities capital improvement fund (399).
48 § 2. Subdivision 6 of section 4 of the state finance law, as amended
49 by section 13 of part H of chapter 56 of the laws of 2000, is amended to
50 read as follows:
51 6. Notwithstanding any law to the contrary, at the beginning of the
52 state fiscal year, the state comptroller is hereby authorized and
53 directed to receive for deposit to the credit of a fund and/or an
54 account such monies as are identified by the director of the budget as
55 having been intended for such deposit to support disbursements from such
56 fund and/or account made in pursuance of an appropriation by law. As
S. 6256 53 A. 9758
1 soon as practicable upon enactment of the budget, the director of the
2 budget shall, but not less than three days following preliminary
3 submission to the chairs of the senate finance committee and the assem-
4 bly ways and means committee, file with the state comptroller an iden-
5 tification of specific monies to be so deposited. Any subsequent change
6 regarding the monies to be so deposited shall be filed by the director
7 of the budget, as soon as practicable, but not less than three days
8 following preliminary submission to the chairs of the senate finance
9 committee and the assembly ways and means committee.
10 All monies identified by the director of the budget to be deposited to
11 the credit of a fund and/or account shall be consistent with the intent
12 of the budget for the then current state fiscal year as enacted by the
13 legislature.
14 [The provisions of this subdivision shall expire on March thirty-
15 first, two thousand two.]
16 § 3. Subdivision 4 of section 40 of the state finance law, as amended
17 by section 12 of part H of chapter 56 of the laws of 2000, is amended to
18 read as follows:
19 4. Every appropriation made from a fund or account to a department or
20 agency shall be available for the payment of prior years' liabilities in
21 such fund or account for fringe benefits, indirect costs, and telecommu-
22 nications expenses and expenses for other centralized services fund
23 programs without limit. Every appropriation shall also be available for
24 the payment of prior years' liabilities other than those indicated above
25 but only to the extent of one-half of one percent of the total amount
26 appropriated to a department or agency in such fund or account.
27 [The provisions of this subdivision shall expire March thirty-first,
28 two thousand two.]
29 § 4. The comptroller is authorized and directed to deposit to the
30 general fund - state purposes account reimbursements from moneys appro-
31 priated or reappropriated to the correctional facilities capital
32 improvement fund (399) by a chapter of the laws of 2002. Reimbursements
33 shall be available for spending from appropriations made to the depart-
34 ment of correctional services in the general fund - state purposes
35 account by a chapter of the laws of 2002 for costs associated with the
36 administration and security of capital projects and for other costs
37 which are attributable, according to a plan, to such capital projects.
38 § 5. Section 97-rrr of the state finance law, as added by section 7-a
39 of part A of chapter 56 of the laws of 1998, is amended by adding a new
40 subdivision 5 to read as follows:
41 5. Notwithstanding the provisions of section one hundred seventy-
42 one-a of the tax law, as separately amended by chapters four hundred
43 eighty-one and four hundred eighty-four of the laws of nineteen hundred
44 eighty-one, or any other provisions of law to the contrary, during each
45 fiscal year the state comptroller is hereby authorized and directed to
46 deposit into the school tax relief fund created pursuant to this section
47 from amounts collected pursuant to article twenty-two of the tax law the
48 amounts necessary to meet the purposes of such fund for each fiscal year
49 pursuant to a schedule submitted by the director of the budget.
50 § 6. Notwithstanding any law to the contrary, and in accordance with
51 section 4 of the state finance law, the comptroller, after consultation
52 with the state university chancellor or his designee, is hereby author-
53 ized and directed to transfer moneys, in the first instance, from the
54 state university collection fund (344), Stony Brook hospital collection
55 account (07), Brooklyn hospital collection account (08) and Syracuse
56 hospital collection account (09) to the state university income fund
S. 6256 54 A. 9758
1 (345), state university hospitals income reimbursable account (22) in
2 the event sufficient funds are not available in the state university
3 income fund (345), state university hospitals income reimbursable
4 account (22) to transfer moneys, in amounts sufficient to permit the
5 full transfer of moneys authorized for transfer, to the general debt
6 service fund (311) for payment of debt service related to the SUNY
7 hospitals. Notwithstanding any law to the contrary, the comptroller is
8 also hereby authorized and directed, after consultation with the state
9 university chancellor or his designee, to transfer moneys from the state
10 university income fund (345) to the state university income fund (345),
11 state university hospitals income reimbursable account (22) in the event
12 insufficient funds are available in the state university income fund
13 (345), state university hospitals income reimbursable account (22) to
14 pay hospital operating costs or to transfer moneys, in amounts suffi-
15 cient to permit the full transfer of moneys authorized for transfer, to
16 the general debt service fund (311) for payment of debt service related
17 to the SUNY hospitals.
18 § 7. (1) Pursuant to various chapters of the laws of 2002 making
19 appropriations for capital projects, such appropriations shall be deemed
20 to provide all costs necessary and pertinent to accomplish the intent of
21 the appropriation including apportionments to departments, agencies or
22 corporations for the purposes of the specific appropriation or for
23 payment to the construction management account of the centralized
24 services fund of the New York state office of general services for the
25 preparation and review of plans, specifications, estimates, services,
26 construction management and supervision, inspection, studies,
27 appraisals, surveys, testing and environmental statements relating to
28 existing or proposed facilities.
29 Appropriations from the capital projects fund, the city university of
30 New York capital projects fund, the mental hygiene capital improvement
31 fund, the department of health facilities capital improvement fund, the
32 correctional facilities capital improvement fund, the youth facilities
33 improvement fund, the housing assistance fund, the housing program fund,
34 the engineering services fund, the dedicated highway and bridge trust
35 fund, the suburban transportation fund, the state park infrastructure
36 fund, the passenger facility charge fund, the state university residence
37 hall rehabilitation fund, the state university capital projects fund,
38 the New York state canal system development fund, the financial security
39 fund, the natural resources damages fund, the federal capital projects
40 fund, the regional aviation fund, and the hazardous waste remedial
41 program transfer fund are appropriated in accordance with the provisions
42 of section 93 of the state finance law. Moneys appropriated from each
43 such fund type for CCP's, for agency purposes within CCP's, and for
44 projects sharing the same agency purpose within a CCP may be transferred
45 among projects within a CCP in accordance with paragraphs (a) through
46 (g) of subdivision 4 of section 93 of the state finance law and may be
47 transferred among purposes within a CCP subject to the limitations of
48 paragraph (e) of subdivision 4 of section 93 of the state finance law.
49 Notwithstanding the provisions of any general or special law, the
50 provisions of paragraphs (a) through (g) of subdivision 4 of section 93
51 of the state finance law which relate to the transfer of a portion of a
52 capital appropriation to another capital appropriation shall be applica-
53 ble to appropriations from each fund.
54 (2) The following funds are eligible to be reimbursed from miscella-
55 neous receipts or the proceeds of notes or bonds sold by public authori-
56 ties, as specified in this subdivision:
S. 6256 55 A. 9758
1 (a) the health facilities capital improvement fund, from the proceeds
2 of the sale of notes or bonds issued by the New York state dormitory
3 authority;
4 (b) the dedicated highway and bridge trust fund, from miscellaneous
5 receipts or the proceeds of the sale of notes or bonds issued by the New
6 York state thruway authority;
7 (c) the youth facilities improvement fund and the correctional facili-
8 ties capital improvement fund, from the proceeds of the sale of notes or
9 bonds issued by the New York state urban development corporation or any
10 other public authority;
11 (d) the housing assistance fund and the housing program fund, from the
12 proceeds of the sale of notes or bonds issued by the housing finance
13 agency or any other public authority;
14 (e) the mental hygiene capital facilities improvement fund, from
15 miscellaneous receipts or the proceeds of the sale of notes or bonds
16 issued by the New York state dormitory authority as successor to the
17 medical care facilities financing agency pursuant to chapter 83 of the
18 laws of 1995;
19 The comptroller shall receive such reimbursements for deposit in the
20 funds so specified.
21 (3) The comptroller is hereby authorized and directed to deposit
22 moneys received, as specified below:
23 (a) the engineering services fund shall receive reimbursements from
24 various capital appropriations;
25 (b) the financial security fund shall receive moneys recovered in
26 accordance with various required financial security arrangements for
27 environmental projects;
28 (c) the natural resources damages fund shall receive moneys recovered
29 from successful natural resource damage claims and related settlements;
30 and
31 (d) the regional aviation fund shall receive moneys from the lease of
32 Stewart Airport, including any payments due to the state from related
33 settlements or agreements.
34 (4) The comptroller shall certify monthly to the director of the budg-
35 et and the chairs of the senate finance and assembly ways and means
36 committees, the total disbursements from the correctional facilities
37 capital improvement fund (399), the department of health facilities
38 capital improvement fund (071), the housing assistance fund (374), the
39 youth facilities improvement fund (357), the housing program fund (376),
40 and the mental hygiene capital improvement fund (389), the total
41 reimbursements to such funds from bond proceeds, and the amount of
42 disbursements from such funds remaining to be financed with bond
43 proceeds. Once a year, as soon as practicable after March 31, the comp-
44 troller shall certify to the director of the budget and the chairs of
45 the senate finance and assembly ways and means committees, for the
46 fiscal year just ended, total disbursements from the correctional facil-
47 ities capital improvement fund, the department of health facilities
48 capital improvement fund, the youth facilities improvement fund, the
49 housing assistance fund, the housing program fund, and the mental
50 hygiene capital improvement fund any amounts transferred from the capi-
51 tal projects fund to such funds for nonbondable disbursements, the total
52 reimbursements to such funds from bond proceeds, and the amount of
53 disbursements from such funds remaining to be financed with bond
54 proceeds.
55 (5) The dormitory authority of the state of New York and the depart-
56 ment of health shall report quarterly to the director of the budget the
S. 6256 56 A. 9758
1 amounts expended from appropriations in the capital projects fund which
2 are eligible for reimbursement from the proceeds of the bonds. The hous-
3 ing finance agency in conjunction with the affordable housing corpo-
4 ration, the homeless housing assistance corporation and the commissioner
5 of the office of temporary and disability assistance, and the housing
6 trust fund corporation shall report quarterly to the director of the
7 budget on the amounts disbursed from appropriations in the housing
8 program fund and the housing assistance fund which are eligible for
9 repayment from the proceeds of the bonds. The dormitory authority of the
10 state of New York, as successor to the facilities development corpo-
11 ration pursuant to chapter 83 of the laws of 1995 and the office of
12 mental health, the office of mental retardation and developmental disa-
13 bilities, and the office of alcoholism and substance abuse services
14 shall report quarterly to the director of the budget on the amounts
15 disbursed from appropriations in the mental hygiene capital improvement
16 fund which are eligible for reimbursement from the proceeds of the
17 bonds. Such reports shall be submitted to the director of the budget no
18 later than July 30, October 31, January 30, and April 30 of each state
19 fiscal year. The director of the budget shall review these reports and
20 then certify to the comptroller amounts expended from these appropri-
21 ations which are reimbursable from bond proceeds. Until such time as the
22 director of the budget determines that the amounts disbursed from such
23 funds are not reimbursable from bond proceeds, all such disbursements
24 shall be considered to be reimbursable from bond proceeds. Upon such
25 certifications for the housing assistance fund, the housing program
26 fund, and the mental hygiene capital improvement fund, the comptroller
27 is hereby authorized to transfer from the capital projects fund, pursu-
28 ant to an appropriation, an amount equal to the amount of disbursements
29 from these appropriations which have not been certified as repayable
30 from bond proceeds.
31 § 8. Notwithstanding any other law, rule or regulation to the contra-
32 ry, the comptroller is hereby authorized and directed to deposit to the
33 credit of the capital projects fund reimbursement from the proceeds of
34 notes and bonds issued by the environmental facilities corporation or
35 any other public authority for a capital appropriation for $29,960,000
36 authorized by chapter 55 of the laws of 1997 to the department of envi-
37 ronmental conservation for a payment of a portion of the state's match
38 for federal capitalization grants for the water pollution control
39 revolving loan fund.
40 § 9. Notwithstanding any other law, rule or regulation to the contra-
41 ry, the comptroller is hereby authorized and directed to deposit to the
42 credit of the capital projects fund, reimbursement from the proceeds of
43 notes and bonds issued by the environmental facilities corporation or
44 any other public authority for a capital appropriation for $20,241,000
45 authorized by chapter 55 of the laws of 1998 to the department of envi-
46 ronmental conservation for a payment of a portion of the state's match
47 for federal capitalization grants for the water pollution control
48 revolving loan fund.
49 § 10. Notwithstanding any other law, rule or regulation to the contra-
50 ry, the comptroller is hereby authorized and directed to deposit to the
51 credit of the capital projects fund, reimbursement from the proceeds of
52 notes and bonds issued by the environmental facilities corporation or
53 any other public authority for a capital appropriation for $22,404,000
54 authorized by chapter 55 of the laws of 1999 to the department of envi-
55 ronmental conservation for payment of a portion of the state's match for
56 federal capitalization grants for the water pollution control revolving
S. 6256 57 A. 9758
1 loan fund, reimbursements for spending from various appropriations for
2 projects related to the New York City Watershed, reimbursement from the
3 proceeds of notes and bonds issued by the environmental facilities
4 corporation or any other public authority for a capital appropriation
5 for $22,500,000 authorized by chapter 55 of the laws of 1999 to the
6 environmental facilities corporation for payment for the jobs two thou-
7 sand pipeline for jobs program, reimbursement from the proceeds of notes
8 and bonds issued by the dormitory authority or any other public authori-
9 ty of the state of New York for a capital appropriation for $47,500,000
10 authorized by chapter 55 of the laws of 1999 to the office of science,
11 technology and academic research for payment for the jobs two thousand
12 capital facilities program, reimbursement from the proceeds of notes and
13 bonds issued by the dormitory authority or any other public authority of
14 the state of New York for a capital appropriation for $145,000,000
15 authorized by chapter 53 of the laws of 1999 to the state education
16 department for payment of capital construction grants to school
17 districts pursuant to the rebuilding schools to uphold education
18 program, reimbursement from the proceeds of notes and bonds issued by
19 the urban development corporation or any other public authority for a
20 capital appropriation for $25,000,000 authorized by chapter 55 of the
21 laws of 1999 to all state agencies for payment of costs related to
22 economic development, land acquisition, and heritage trail projects, and
23 for reimbursement from the proceeds of notes and bonds issued by the
24 dormitory authority or any other public authority of the state of New
25 York for a capital appropriation for $15,000,000 authorized by chapter
26 53 of the laws of 1999 to the office of children and family services for
27 payment of costs related to the child care facilities development
28 program.
29 § 11. Notwithstanding any other law, rule or regulation to the contra-
30 ry, the comptroller is hereby authorized and directed to deposit to the
31 credit of the capital projects fund, reimbursement from the proceeds of
32 notes or bonds issued by the environmental facilities corporation or any
33 other public authority for a capital appropriation for $43,383,000
34 authorized by chapter 55 of the laws of 2000 to the department of envi-
35 ronmental conservation for payment of a portion of the state's match for
36 federal capitalization grants for the water pollution control revolving
37 loan fund, to reimburse spending from various appropriations for certain
38 projects related to the New York City Watershed, reimbursement from the
39 proceeds of notes and bonds issued by the urban development corporation
40 or any other public authority for a capital appropriation for
41 $15,000,000 authorized by chapter 55 of the laws of 2000 to the urban
42 development corporation for payment of costs related to a sports facili-
43 ty in the city of Rochester, reimbursement from proceeds of notes and
44 bonds issued by the urban development corporation, the environmental
45 facilities corporation, the dormitory authority or any other public
46 authority of the state of New York for a capital appropriation for
47 $225,000,000 authorized by chapter 55 of the laws of 2000 to all state
48 agencies for payment of costs related to the strategic investment
49 program, reimbursement from the proceeds of notes and bonds issued by
50 the dormitory authority or any other public authority of the state of
51 New York for a capital appropriation for $50,000,000 authorized by chap-
52 ter 53 of the laws of 2000 to the state education department for payment
53 of capital construction grants to school districts pursuant to the
54 rebuilding schools to uphold education program, for reimbursement from
55 the proceeds of notes and bonds issued by the dormitory authority or any
56 other public authority of the state of New York for a capital appropri-
S. 6256 58 A. 9758
1 ation for $15,000,000 authorized by chapter 53 of the laws of 2000 to
2 the office of children and family services for payment of costs related
3 to the child care facilities development program, and for reimbursement
4 from the proceeds of notes and bonds issued by the dormitory authority
5 or any other public authority of the state of New York for a capital
6 appropriation for $10,000,000 authorized by chapter 55 of the laws of
7 2000 to the office of science, technology and academic research for
8 payment of costs related to biomedical research and/or manufacturing
9 facilities.
10 § 12. Notwithstanding any other law, rule or regulation to the contra-
11 ry, the comptroller is hereby authorized and directed to deposit to the
12 credit of the capital projects fund, reimbursement from the proceeds of
13 notes or bonds issued by the environmental facilities corporation or any
14 other public authority for a capital appropriation for $29,772,000
15 authorized by a chapter of the laws of 2001 to the department of envi-
16 ronmental conservation for payment of a portion of the state's match for
17 federal capitalization grants for the water pollution control revolving
18 loan fund.
19 § 13. Notwithstanding any other law, rule or regulation to the contra-
20 ry, the comptroller is hereby authorized and directed to deposit to the
21 credit of the capital projects fund, reimbursement from the proceeds of
22 notes or bonds issued by the environmental facilities corporation or any
23 other public authority for a capital appropriation for $29,365,000
24 authorized by a chapter of the laws of 2002 to the department of envi-
25 ronmental conservation for payment of a portion of the state's match for
26 federal capitalization grants for the water pollution control revolving
27 loan fund, reimbursement from the proceeds of notes and bonds issued by
28 the urban development corporation or any other public authority or other
29 financing source for a capital appropriation for $89,000,000 authorized
30 by a chapter of the laws of 2002 to the office of general services for
31 payment of capital construction costs for the Alfred E. Smith office
32 building located in the city of Albany, reimbursement from the proceeds
33 of notes and bonds issued by the urban development corporation or any
34 other public authority or other financing source for a capital appropri-
35 ation for $21,000,000 authorized by a chapter of the laws of 2002 to the
36 office of general services for payment of capital construction costs for
37 the Elk street parking garage building located in the city of Albany and
38 reimbursement from the proceeds of notes or bonds issued by the urban
39 development corporation or any other public authority for a capital
40 appropriation of $250,000,000 authorized by a chapter of the laws of
41 2002 to the urban development corporation for economic development or
42 high technology projects.
43 § 14. Notwithstanding any other law, rule or regulation to the contra-
44 ry, the state comptroller is hereby authorized and directed to use any
45 balance remaining in the mental health services fund debt service appro-
46 priation, after payment by the state comptroller of all obligations of
47 the facilities development corporation, or any successor agency,
48 required pursuant to any lease, sublease or other financing arrangement
49 between the facilities development corporation, the dormitory authority
50 of the state of New York as successor to the New York state medical care
51 facilities financing agency and the facilities development corporation
52 pursuant to chapter 83 of the laws of 1995 and the department of mental
53 hygiene for the purpose of making payments to such agency for the amount
54 of the earnings for the investment of monies deposited in the mental
55 health services fund that such agency determines will or may have to be
56 rebated to the federal government pursuant to the provisions of the
S. 6256 59 A. 9758
1 internal revenue code of 1986, as amended, in order to enable such agen-
2 cy to maintain the exemption from federal income taxation on the inter-
3 est paid to the holders of such agency's mental services facilities
4 improvement revenue bonds. On or before June 30, 2003, such agency shall
5 certify to the state comptroller, its determination of the amounts
6 received in the mental health services fund as a result of the invest-
7 ment of monies deposited therein that will or may have to be rebated to
8 the federal government pursuant to the provisions of the internal reven-
9 ue code of 1986, as amended.
10 § 15. (1) Notwithstanding any other law, rule, or regulation to the
11 contrary, the state comptroller shall at the commencement of each month
12 certify to the director of the budget, the commissioner of environmental
13 conservation, the chair of the senate finance committee, and the chair
14 of the assembly ways and means committee the amounts disbursed from all
15 appropriations for hazardous waste site remediation disbursements for
16 the month preceding such certification.
17 (2) Notwithstanding any law to the contrary, prior to the issuance by
18 the comptroller of bonds authorized pursuant to subdivision a of section
19 4 of the environmental quality bond act of nineteen hundred eighty-six,
20 as enacted by chapter 511 of the laws of 1986, disbursements from all
21 appropriations for that purpose shall first be reimbursed from moneys
22 credited to the hazardous waste remedial fund, site investigation and
23 construction account, to the extent moneys are available in such
24 account. For purposes of determining moneys available in such account,
25 the commissioner of environmental conservation shall certify to the
26 comptroller the amounts required for administration of the hazardous
27 waste remedial program.
28 (3) The comptroller is hereby authorized and directed to transfer any
29 balance above the amounts certified by the commissioner of environmental
30 conservation to reimburse disbursements pursuant to all appropriations
31 from such site investigation and construction account, provided, howev-
32 er, that if such transfers are determined by the comptroller to be
33 insufficient to assure that interest paid to holders of state obli-
34 gations issued for hazardous waste purposes pursuant to the environ-
35 mental quality bond act of nineteen hundred eighty-six, as enacted by
36 chapter 511 of the laws of 1986, is exempt from federal income taxation,
37 the comptroller is hereby authorized and directed to transfer from such
38 site investigation and construction account to the general fund, the
39 amount necessary to redeem bonds in an amount necessary to assure the
40 continuation of such tax exempt status. Prior to the making of any such
41 transfers, the comptroller shall notify the director of the budget of
42 the amount of such transfers.
43 § 16. Section 66-b of the state finance law is amended by adding a new
44 subdivision 4 to read as follows:
45 4. The maximum amount of certificates of participation or similar
46 instruments representing periodic payments due from the state of New
47 York, issued on behalf of state departments and agencies, the city
48 university of New York and any other state entity otherwise specified
49 after March thirty-first, two thousand two shall be two hundred forty-
50 four million dollars. Such amount shall be exclusive of certificates of
51 participation or similar instruments issued to fund a reserve fund or
52 funds, costs of issuance and to refund outstanding certificates of
53 participation.
54 § 17. Pursuant to article 5-A of the state finance law, the total
55 amount of certificates of participation to be issued in the state fiscal
56 year beginning April 1, 2002, to finance and, where appropriate to refi-
S. 6256 60 A. 9758
1 nance, personal property purposes including the cost of issuance and
2 related costs, shall not exceed $202,980,000 for installment purchases
3 and/or lease purchases of all state departments and agencies, units of
4 the state university of New York and city university of New York, and
5 the unified court system.
6 § 18. Pursuant to article 5-A of the state finance law, the total
7 amount of certificates of participation to be issued in the state fiscal
8 year beginning April 1, 2002, to finance and, where appropriate to refi-
9 nance, personal property purposes including the cost of issuance and
10 related costs, shall not exceed $40,800,000 for installment purchases
11 and/or lease purchases of the office of children and family services,
12 the department of labor, the office of temporary and disability assist-
13 ance, and the department of health.
14 § 19. Subdivision 1 of section 16 of part D of chapter 389 of the laws
15 of 1997, relating to the financing of the correctional facilities
16 improvement fund and the youth facility improvement fund, as amended by
17 section 30 of part H of chapter 56 of the laws of 2000, is amended to
18 read as follows:
19 1. Notwithstanding the provisions of section 18 of chapter 174 of the
20 laws of 1968, the New York state urban development corporation is hereby
21 authorized to issue bonds, notes and other obligations in an aggregate
22 principal amount not to exceed [four billion five hundred fifty million
23 six hundred ninety-three thousand dollars ($4,550,693,000)] four billion
24 nine hundred seventy-four million six hundred ninety-three thousand
25 dollars ($4,974,693,000), and shall include all bonds, notes and other
26 obligations issued pursuant to chapter 56 of the laws of 1983, as
27 amended or supplemented. The proceeds of such bonds, notes or other
28 obligations shall be paid to the state, for deposit in the correctional
29 facilities capital improvement fund to pay for all or any portion of the
30 amount or amounts paid by the state from appropriations or reappropri-
31 ations made to the department of correctional services from the correc-
32 tional facilities capital improvement fund for capital projects. The
33 aggregate amount of bonds, notes or other obligations authorized to be
34 issued pursuant to this section shall exclude bonds, notes or other
35 obligations issued to refund or otherwise repay bonds, notes or other
36 obligations theretofore issued, the proceeds of which were paid to the
37 state for all or a portion of the amounts expended by the state from
38 appropriations or reappropriations made to the department of correction-
39 al services; provided, however, that upon any such refunding or repay-
40 ment the total aggregate principal amount of outstanding bonds, notes or
41 other obligations may be greater than [four billion five hundred fifty
42 million six hundred ninety-three thousand dollars ($4,550,693,000)] four
43 billion nine hundred seventy-four million six hundred ninety-three thou-
44 sand dollars ($4,974,693,000), only if the present value of the aggre-
45 gate debt service of the refunding or repayment bonds, notes or other
46 obligations to be issued shall not exceed the present value of the
47 aggregate debt service of the bonds, notes or other obligations so to be
48 refunded or repaid. For the purposes hereof, the present value of the
49 aggregate debt service of the refunding or repayment bonds, notes or
50 other obligations and of the aggregate debt service of the bonds, notes
51 or other obligations so refunded or repaid, shall be calculated by
52 utilizing the effective interest rate of the refunding or repayment
53 bonds, notes or other obligations, which shall be that rate arrived at
54 by doubling the semi-annual interest rate (compounded semi-annually)
55 necessary to discount the debt service payments on the refunding or
56 repayment bonds, notes or other obligations from the payment dates ther-
S. 6256 61 A. 9758
1 eof to the date of issue of the refunding or repayment bonds, notes or
2 other obligations and to the price bid including estimated accrued
3 interest or proceeds received by the corporation including estimated
4 accrued interest from the sale thereof.
5 § 20. Paragraph (a) of subdivision 2 of section 47-e of the private
6 housing finance law, as amended by section 39 of part H of chapter 56 of
7 the laws of 2000, is amended to read as follows:
8 (a) In order to enhance and encourage the promotion of housing
9 programs and thereby achieve the stated purposes and objectives of such
10 housing programs, the agency shall have the power and is hereby author-
11 ized from time to time to issue negotiable housing program bonds and
12 notes in such principal amount as shall be necessary to provide suffi-
13 cient funds for the repayment of amounts disbursed (and not previously
14 reimbursed) pursuant to a chapter of the laws of two thousand two or any
15 prior year making capital appropriations or reappropriations for the
16 purposes of the housing program, provided, however, that the agency may
17 issue such bonds and notes in an aggregate principal amount not exceed-
18 ing one billion [two] three hundred [thirty-five] eighty-five million
19 dollars, plus a principal amount of bonds issued to fund the debt
20 service reserve fund in accordance with the debt service reserve fund
21 requirement established by the agency and to fund any other reserves
22 that the agency reasonably deems necessary for the security or marketa-
23 bility of such bonds and to provide for the payment of fees and other
24 charges and expenses, including underwriters' discount, trustee and
25 rating agency fees, bond insurance, credit enhancement and liquidity
26 enhancement related to the issuance of such bonds and notes. No reserve
27 fund securing the housing program bonds shall be entitled or eligible to
28 receive state funds apportioned or appropriated to maintain or restore
29 such reserve fund at or to a particular level, except to the extent of
30 any deficiency resulting directly or indirectly from a failure of the
31 state to appropriate or pay the agreed amount under any of the contracts
32 provided for in subdivision four of this section.
33 § 21. Paragraph (a) of subdivision 5 of section 47-e of the private
34 housing finance law, as amended by section 40 of part H of chapter 56 of
35 the laws of 2000, is amended to read as follows:
36 (a) Upon the issuance of housing program bonds or notes, the agency
37 shall apply such amount of the proceeds thereof as shall be designated
38 and specified in the bond or note resolution or resolutions authorizing
39 the issuance of such bonds or notes to the specific funds and/or
40 accounts of one or more housing programs. The bond resolution or resol-
41 utions authorizing the issuance of such bonds or notes shall only allo-
42 cate net proceeds of bonds or notes to a particular fund or account of a
43 housing program if the legislature has authorized in a chapter of the
44 laws of two thousand two or any prior year an advance to such fund or
45 account and the amount of such bond or note proceeds so allocated to
46 such fund or account shall not exceed the total amount so authorized to
47 be advanced. Such proceeds shall be disbursed to such a fund or account
48 in accordance with such allocation only for application to the repayment
49 of advances previously or thereupon made and not previously repaid. Such
50 proceeds may not be transferred from an entity authorized to administer
51 a housing program to the state or a fund of the state except in repay-
52 ment of such advances. Except in the case of refunding bonds or notes
53 authorized hereunder, any net proceeds not so allocated or disbursed
54 shall be utilized first to pay debt service on the applicable bonds or
55 notes in the current or the succeeding fiscal year and second to the
56 redemption of such bonds, provided that such application may be adjusted
S. 6256 62 A. 9758
1 to comply with applicable federal law as to federal tax exemption. For
2 purposes of this paragraph, earnings from the investment of net proceeds
3 shall be treated as net proceeds.
4 § 22. Section 17 of part D of chapter 389 of the laws of 1997, relat-
5 ing to the financing of the correctional facilities improvement fund and
6 the youth facility improvement fund, as amended by section 41 of part H
7 of chapter 56 of the laws of 2000, is amended to read as follows:
8 § 17. Youth facilities bond program. 1. Notwithstanding the provisions
9 of section 18 of chapter 174 of the laws of 1968, the New York state
10 urban development corporation is hereby authorized to issue bonds, notes
11 and other obligations in an aggregate principal amount not to exceed
12 [three hundred twenty-eight million five hundred fifteen thousand
13 dollars ($328,515,000)] three hundred thirty-nine million seven hundred
14 sixty-four thousand dollars ($339,764,000), which authorization
15 increases the aggregate principal amount of bonds, notes and other obli-
16 gations authorized by section 40 of chapter 309 of the laws of 1996, and
17 shall include all bonds, notes and other obligations issued pursuant to
18 chapter 211 of the laws of 1990, as amended or supplemented. The
19 proceeds of such bonds, notes or other obligations shall be paid to the
20 state, for deposit in the youth facilities improvement fund, to pay for
21 all or any portion of the amount or amounts paid by the state from
22 appropriations or reappropriations made to the office of children and
23 family services from the youth facilities improvement fund for capital
24 projects. The aggregate amount of bonds, notes and other obligations
25 authorized to be issued pursuant to this section shall exclude bonds,
26 notes or other obligations issued to refund or otherwise repay bonds,
27 notes or other obligations theretofore issued, the proceeds of which
28 were paid to the state for all or a portion of the amounts expended by
29 the state from appropriations or reappropriations made to the office of
30 children and family services; provided, however, that upon any such
31 refunding or repayment the total aggregate principal amount of outstand-
32 ing bonds, notes or other obligations may be greater than [three hundred
33 twenty-eight million five hundred fifteen thousand dollars
34 ($328,515,000)] three hundred thirty-nine million seven hundred sixty-
35 four thousand dollars ($339,764,000), only if the present value of the
36 aggregate debt service of the refunding or repayment bonds, notes or
37 other obligations to be issued shall not exceed the present value of the
38 aggregate debt service of the bonds, notes or other obligations so to be
39 refunded or repaid. For the purposes hereof, the present value of the
40 aggregate debt service of the refunding or repayment bonds, notes or
41 other obligations and of the aggregate debt service of the bonds, notes
42 or other obligations so refunded or repaid, shall be calculated by
43 utilizing the effective interest rate of the refunding or repayment
44 bonds, notes or other obligations, which shall be that rate arrived at
45 by doubling the semi-annual interest rate (compounded semi-annually)
46 necessary to discount the debt service payments on the refunding or
47 repayment bonds, notes or other obligations from the payment dates ther-
48 eof to the date of issue of the refunding or repayment bonds, notes or
49 other obligations and to the price bid including estimated accrued
50 interest or proceeds received by the corporation including estimated
51 accrued interest from the sale thereof.
52 2. For purposes of this section, the following provisions shall apply
53 to powers in connection with financing and refinancing of the design,
54 acquisition, construction, reconstruction, rehabilitation and improve-
55 ment of facilities for the office of children and family services by the
56 New York state urban development corporation.
S. 6256 63 A. 9758
1 (a) The New York state office of general services shall be responsible
2 for the undertaking of studies, planning, site acquisition, design,
3 construction, reconstruction, renovation and development of youth facil-
4 ities, including the making of any purchases therefor, on behalf of the
5 New York state office of children and family services.
6 (b) Notwithstanding the provisions of any general or special law to
7 the contrary, and subject to the making of annual appropriations there-
8 for by the legislature, in order to assist the New York state urban
9 development corporation in the financing and refinancing of the design,
10 acquisition, construction, reconstruction, rehabilitation and improve-
11 ment of facilities for the office of children and family services, the
12 director of the budget is authorized in any state fiscal year to enter
13 into one or more service contracts, none of which shall exceed thirty
14 years in duration, with the New York state urban development corpo-
15 ration, upon such terms as the director of the budget and the New York
16 state urban development corporation agree;
17 (c) Any service contract entered into pursuant to paragraph (a) of
18 this subdivision or any payments made or to be made thereunder may be
19 assigned and pledged by the New York state urban development corporation
20 as security for its bonds and notes;
21 (d) Any such service contract shall provide that the obligation of the
22 director of the budget or of the state to fund or to pay the amounts
23 therein provided for shall not constitute a debt of the state within the
24 meaning of any constitutional or statutory provision in the event the
25 New York state urban development corporation assigns or pledges service
26 contract payments as security for its bonds or notes and shall be deemed
27 executory only to the extent moneys are available and that no liability
28 shall be incurred by the state beyond the moneys available for the
29 purpose, and that such obligation is subject to annual appropriation by
30 the legislature;
31 (e) Any service contract or contracts for projects entered into pursu-
32 ant to this subdivision shall provide for state commitments to provide
33 annually to the New York state urban development corporation a sum or
34 sums, upon such terms and conditions as shall be deemed appropriate by
35 the director of the budget, to fund, or to fund the debt service
36 requirements of, any bonds or notes, including bonds issued to fund any
37 required debt service reserve requirement for bonds, of the New York
38 state urban development corporation issued to pay to the state all or a
39 portion of the amounts expended by the state from appropriations or
40 reappropriations made to the office of children and family services for
41 capital projects.
42 3. (a) The provisions of section 17 of the public officers law shall
43 apply to directors, officers, employees and agents of the New York state
44 urban development corporation in connection with any and all claims,
45 demands, suits, actions or proceedings which may be made or brought
46 against any of them arising out of any determinations made or actions
47 taken or omitted to be taken in compliance with any obligations under or
48 pursuant to the terms of this section. The provisions of this subdivi-
49 sion shall be in addition to and shall not supplant any indemnification
50 or other benefits heretofore or hereafter conferred upon directors,
51 officers and employees of the corporation by subdivision 3-a of section
52 4 of chapter 174 of the laws of 1968, as amended by action of such
53 corporation, or otherwise.
54 (b) The state shall and hereby agrees to and does indemnify and save
55 harmless the New York state urban development corporation from and
56 against any and all liability, loss, damage, interest, judgments and
S. 6256 64 A. 9758
1 liens, and any and all costs and expenses (including, but not limited
2 to, counsel fees and disbursements) arising out of or incurred in
3 connection with any and all claims, demands, suits, actions or
4 proceedings which may be made or brought against such corporation (1)
5 arising out of any determinations made or actions taken or omitted to be
6 taken or compliance with any obligations under or pursuant to the terms
7 of this act, or (2) for or in relation to any injuries, including death
8 at any time resulting therefrom, sustained by a person or persons, or on
9 account of damage to or loss of property, through theft or otherwise, to
10 the extent the same arises out of or in consequence of the design,
11 acquisition, construction, reconstruction, rehabilitation and improve-
12 ment of facilities for the office of children and family services,
13 including the furnishing and equipping thereof, but in each such case
14 only to the extent that such corporation is not otherwise compensated
15 therefor by insurance.
16 § 23. Subdivision 2 of section 219-a of the judiciary law, as added by
17 chapter 613 of the laws of 1999, is amended to read as follows:
18 2. The chief administrator of the courts may enter into an agreement
19 jointly with the dormitory authority and with any other person, firm,
20 association, corporation or agency pursuant to which facilities for such
21 institute shall be constructed or otherwise provided and thereafter
22 maintained. The maximum amount of bonds that may be issued for such
23 institute is sixteen million one hundred five thousand dollars, exclu-
24 sive of bonds issued to fund any reserve fund or funds, pay costs of
25 issuance and refund bonds. Expenses of the unified court system in
26 relation to this agreement shall be paid out of funds appropriated from
27 the court facilities incentive aid fund to the judiciary for that
28 purpose.
29 § 24. Paragraph e of subdivision 27 of section 1680 of the public
30 authorities law, as added by chapter 202 of the laws of 1990, is amended
31 to read as follows:
32 e. The dormitory authority shall not issue obligations for the
33 provision of a facility for the education department unless a certif-
34 icate of availability has been approved by the director of the budget
35 and an appropriation for such facility has been enacted. Except for
36 notes or bonds issued to refund outstanding bonds, no notes or bonds
37 shall be issued for the purposes authorized by this subdivision after
38 the thirty-first day of March, nineteen hundred ninety-nine.
39 § 25. Subdivision 1 of section 1290 of the public authorities law is
40 amended by adding a new paragraph (e) to read as follows:
41 (e) Notwithstanding any other law to the contrary, the corporation
42 shall not issue any notes or bonds on behalf of any state department or
43 agency to fund the removal, disposal and remediation of petroleum stor-
44 age tanks and the remediation of the sites thereof or on behalf of the
45 office of mental health to finance the pilgrim state sewage treatment
46 project, after the thirty-first day of March, nineteen hundred ninety-
47 six. This limitation shall not apply to bonds and notes issued to
48 refund bonds issued for such purposes.
49 § 26. Subdivision 2 of section 1680 of the public authorities law is
50 amended by adding a new paragraph j to read as follows:
51 j. The maximum amount of bonds and notes to be issued after March
52 thirty-first, two thousand two for a housing unit for the use of
53 students at a state-operated institution or statutory or contract
54 college under the jurisdiction of the state university of New York shall
55 be four hundred five million dollars. Such amount shall be exclusive of
56 bonds and notes issued to fund any reserve fund or funds, costs of issu-
S. 6256 65 A. 9758
1 ance, and to refund any outstanding bonds and notes relating to a hous-
2 ing unit under the jurisdiction of the state university of New York.
3 § 27. Section 1680 of the public authorities law is amended by adding
4 a new subdivision 10-a to read as follows:
5 10-a. Notwithstanding any other provision of the law to the contrary,
6 the maximum amount of bonds and notes to be issued after March thirty-
7 first, two thousand two, on behalf of the state, in relation to any
8 locally sponsored community college, shall be one hundred seventy-five
9 million dollars. Such amount shall be exclusive of bonds and notes
10 issued to fund any reserve fund or funds, costs of issuance and to
11 refund any outstanding bonds and notes, issued on behalf of the state,
12 relating to a locally sponsored community college.
13 § 28. Subdivision 2-b of section 376 of the public authorities law, as
14 amended by chapter 55 of the laws of 1992, is amended to read as
15 follows:
16 2-b. From time to time to enter into agreements with the commissioner
17 of transportation to finance the capital costs of projects authorized
18 pursuant to section eighty-eight-b of the state finance law, and to
19 issue bonds and notes for capital projects approved by metropolitan
20 planning organizations or transportation coordinating committees pursu-
21 ant to the provisions of such section eighty-eight-b. All the provisions
22 of this title relating to bonds and notes which are not inconsistent
23 with the provisions of this section shall apply to the bonds and notes
24 authorized by this section. No bonds or notes shall be issued for the
25 purposes authorized by this subdivision after the thirty-first day of
26 March, two thousand.
27 § 29. Chapter 152 of the laws of 1964, relating to authorizing the
28 commissioner of general services to contract on behalf of the state with
29 counties in the state of New York for the construction of buildings and
30 other public improvements in such counties, is amended by adding a new
31 section 8-a to read as follows:
32 § 8-a. The state commissioner of general services shall not enter into
33 a contract with any county in the state as authorized by this chapter,
34 after the thirty-first day of March, two thousand.
35 § 30. Section 97-rrr of the state finance law, as amended by section
36 45 of part H of chapter 56 of the laws of 2000, is amended to read as
37 follows:
38 § 97-rrr. Debt reduction reserve fund. 1. There is hereby established
39 in the joint custody of the comptroller and the commissioner of taxation
40 and finance a fund to be known as the debt reduction reserve fund. Such
41 fund shall be established as a [capital projects] debt service fund.
42 Notwithstanding subdivision four of section seventy-two of this chapter,
43 any balance of moneys in the debt reduction reserve fund shall remain in
44 such fund to be available for the purposes enumerated in this section.
45 2. Such fund shall consist of all monies credited or transferred ther-
46 eto from the general fund or from any other fund or sources pursuant to
47 law.
48 3. The monies in such fund, following appropriation by the legislature
49 and allocation by the director of the budget, shall be available for the
50 following purposes:
51 (a) for the payment of principal, interest, and related expenses on
52 general obligation bonds, lease purchase payments, or special contractu-
53 al obligation payments, or for the purposes of retiring or defeasing
54 bonds previously issued, including any accrued interest thereon, for any
55 state-supported bonding program or programs, and;
S. 6256 66 A. 9758
1 (b) for the funding of capital projects, equipment acquisitions, or
2 similar expenses which have been authorized by law to be financed
3 through the issuance of bonds, notes, or other obligations.
4 § 31. (a) Notwithstanding the provisions of section 18 of the New York
5 state urban development corporation act, the urban development corpo-
6 ration is hereby authorized to issue bonds or notes in one or more
7 series in an aggregate principal amount not to exceed $89,000,000,
8 excluding bonds issued to fund one or more debt service reserve funds,
9 to pay costs of issuance of such bonds, and bonds or notes issued to
10 refund or otherwise repay such bonds or notes previously issued, for the
11 purpose of financing the Alfred E. Smith office building located in the
12 city of Albany, including the reimbursement of any disbursements made
13 from the state capital projects fund. Such bonds and notes of the corpo-
14 ration shall not be a debt of the state, and the state shall not be
15 liable thereon, nor shall they be payable out of any funds other than
16 those appropriated by the state to the corporation for debt service and
17 related expenses pursuant to any service contracts executed pursuant to
18 subdivision (b) of this section and such bonds and notes shall contain
19 on the face of thereof a statement to such effect. Except for purposes
20 of complying with the internal revenue code, any interest income earned
21 on bond proceeds shall only be used to pay debt service on such bonds.
22 (b) Notwithstanding any provisions of law to the contrary, in order to
23 assist the corporation in undertaking the administration and financing
24 of the project authorized pursuant to subdivision (a) of this section,
25 the director of the budget is hereby authorized to enter into one or
26 more service contracts with the corporation, none of which shall exceed
27 more than twenty years in duration, upon such terms and conditions as
28 the director of the budget and the corporation agree, so as to annually
29 provide to the corporation in the aggregate, a sum not to exceed the
30 annual debt service payments and related expenses required for the bonds
31 and notes issued pursuant to this section. Any service contract entered
32 into pursuant to this subdivision shall provide that the obligation of
33 the state to pay the amount therein provided shall not constitute a debt
34 of the state within the meaning of any constitutional or statutory
35 provision and shall be deemed executory only to the extent of monies
36 available and that no liability shall be incurred by the state beyond
37 the monies available for such purposes, subject to annual appropriation
38 by the legislature. Any such contract or any payments made or to be made
39 thereunder may be assigned and pledged by the corporation as security
40 for its bonds and notes, as authorized by this section.
41 § 32. (a) Notwithstanding the provisions of section 18 of the New York
42 state urban development corporation act, the urban development corpo-
43 ration is hereby authorized to issue bonds or notes in one or more
44 series in an aggregate principal amount not to exceed $21,000,000,
45 excluding bonds issued to fund one or more debt service reserve funds,
46 to pay costs of issuance of such bonds, and bonds or notes issued to
47 refund or otherwise repay such bonds or notes previously issued, for the
48 purpose of financing the Elk street parking garage building located in
49 the city of Albany, including the reimbursement of any disbursements
50 made from the state capital projects fund. Such bonds and notes of the
51 corporation shall not be a debt of the state, and the state shall not be
52 liable thereon, nor shall they be payable out of any funds other than
53 those appropriated by the state to the corporation for debt service and
54 related expenses pursuant to any service contracts executed pursuant to
55 subdivision (b) of this section and such bonds and notes shall contain
56 on the face thereof a statement to such effect. Except for purposes of
S. 6256 67 A. 9758
1 complying with the internal revenue code, any interest income earned on
2 bond proceeds shall only be used to pay debt service on such bonds.
3 (b) Notwithstanding any provisions of law to the contrary, in order to
4 assist the corporation in undertaking the administration and financing
5 of the project authorized pursuant to subdivision (a) of this section,
6 the director of the budget is hereby authorized to enter into one or
7 more service contracts with the corporation, none of which shall exceed
8 more than twenty years in duration, upon such terms and conditions as
9 the director of the budget and the corporation agree, so as to annually
10 provide to the corporation in the aggregate, a sum not to exceed the
11 annual debt service payments and related expenses required for the bonds
12 and notes issued pursuant to this section. Any service contract entered
13 into pursuant to this subdivision shall provide that the obligation of
14 the state to pay the amount therein provided shall not constitute a debt
15 of the state within the meaning of any constitutional or statutory
16 provision and shall be deemed executory only to the extent of monies
17 available and that no liability shall be incurred by the state beyond
18 the monies available for such purposes, subject to annual appropriation
19 by the legislature. Any such contract or any payments made or to be made
20 thereunder may be assigned and pledged by the corporation as security
21 for its bonds and notes, as authorized by this section.
22 § 33. Paragraphs a and b of subdivision 4 of section 57 of the state
23 finance law, paragraph a as amended by chapter 219 of the laws of 1999
24 and paragraph b as amended by section 21 of part F of chapter 405 of the
25 laws of 1999, are amended to read as follows:
26 a. Such bonds shall be sold at par, at par plus a premium not to
27 exceed five percent in the case of refunding bonds or five-tenths of one
28 percent in the case of all other bonds, or at a discount to the bidder
29 offering the lowest interest cost to the state, taking into consider-
30 ation any premium or discount and, in the case of refunding bonds, the
31 bona fide initial public offering price, not less than four nor more
32 than fifteen days, Sundays excepted, after a notice of such sale has
33 been published at least once in a definitive trade publication of the
34 municipal bond industry published on each business day in the state of
35 New York which is generally available to participants in the municipal
36 bond industry, which notice shall state the terms of the sale. The
37 comptroller may not change the terms of the sale unless notice of such
38 change is sent via a definitive trade wire service of the municipal bond
39 industry which, in general, makes available information regarding activ-
40 ity and sales of municipal bonds and is generally available to partic-
41 ipants in the municipal bond industry, at least one day prior to the
42 date of the sale as set forth in the original notice of sale. In so
43 changing the terms or conditions of a sale the comptroller may send
44 notice by such wire service that the sale will be delayed by up to thir-
45 ty days, provided that wire notice of the new sale date will be given at
46 least one business day prior to the new time when bids will be accepted.
47 In such event, no new notice of sale shall be required to be published.
48 Notwithstanding the provisions of section one hundred five of the state
49 technology law or any other law, if the notice of sale contains a
50 provision that bids will only be accepted electronically in the manner
51 provided in such notice of sale, the comptroller shall not be required
52 to accept non-electronic bids in any form. Advertisements shall contain
53 a provision to the effect that the state comptroller, in his discretion,
54 may reject any or all bids made in pursuance of such advertisements, and
55 in the event of such rejection, the state comptroller is authorized to
56 negotiate a private sale or readvertise for bids in the form and manner
S. 6256 68 A. 9758
1 above described as many times as, in his judgment, may be necessary to
2 effect a satisfactory sale. Notwithstanding the foregoing provisions of
3 this paragraph, whenever in the judgment of the comptroller the inter-
4 ests of the state will be served thereby, he may sell state bonds at
5 private sale at par, at par plus a premium not to exceed five percent in
6 the case of refunding bonds or five-tenths of one percent in the case of
7 all other bonds, or at a discount. The comptroller shall promulgate
8 regulations governing the terms and conditions of any such private
9 sales, which regulations shall include a provision that he give notice
10 to the governor, the temporary president of the senate, and the speaker
11 of the assembly, of his intention to conduct a private sale of obli-
12 gations pursuant to this section not less than five days prior to such
13 sale or the execution of any binding agreement to effect such sale.
14 b. Notwithstanding paragraph a of this subdivision, whenever in the
15 judgment of the comptroller the interests of the state will be served
16 thereby, such bonds may be sold at public or private sale in accordance
17 with the procedures set forth in paragraph a of this subdivision, with
18 interest rates that vary in accordance with a formula or procedure set
19 forth or referred to in the bonds and may provide the holders thereof
20 with such rights to require the state or other persons to purchase or
21 redeem such bonds or renewals thereof from the proceeds of the resale
22 thereof or otherwise from time to time prior to the final maturity of
23 such bonds as the comptroller may determine and the state may resell, at
24 any time prior to final maturity, any such bonds acquired as a result of
25 the exercise of such rights[, provided, however, that as of the initial
26 date of each issuance of such bonds with interest rates that vary the
27 total principal amount of bonds then outstanding pursuant to this para-
28 graph and paragraph (b) of subdivision four of section sixty shall not
29 exceed twenty percent of the total principal amount of all bonds then
30 outstanding which carry the full faith and credit of the state.
31 Notwithstanding the foregoing, the]. The holders of bonds sold pursuant
32 to this paragraph [shall not] may be provided with the right to require
33 the state to repurchase or redeem the bonds prior to the final maturity
34 thereof [unless] if the state has entered into one or more letter of
35 credit agreements or other liquidity facility agreements entered into
36 for the express purposes of such sale and which shall require a finan-
37 cially responsible party or parties to the agreement or agreements,
38 [other than] which may be the state, to purchase or redeem all or any
39 portion of such bonds tendered by the holders thereof for repurchase or
40 redemption prior to the final maturity of such bonds. Such requirement
41 to purchase or redeem bonds shall continue until such time as the right
42 of the holders of such bonds to require repurchase or redemption of such
43 bonds prior to the final maturity thereof shall cease. A financially
44 responsible party or parties, for purposes of this paragraph, shall mean
45 a person or persons determined by the comptroller to have sufficient net
46 worth and liquidity to purchase and pay for on a timely basis all of the
47 bonds which may be tendered for repurchase or redemption by the holders
48 thereof.
49 § 34. Paragraphs (a) and (b) of subdivision 4 of section 60 of the
50 state finance law, paragraph (a) as amended by chapter 219 of the laws
51 of 1999 and paragraph (b) as amended by section 22 of part F of chapter
52 405 of the laws of 1999, are amended to read as follows:
53 (a) Such bonds shall be sold at par, at par plus a premium not to
54 exceed five percent in the case of refunding bonds or five-tenths of one
55 percent in the case of all other bonds, or at a discount to the bidder
56 offering the lowest interest cost to the state, taking into consider-
S. 6256 69 A. 9758
1 ation any premium or discount and, in the case of refunding bonds, the
2 bona fide initial public offering price, not less than four nor more
3 than fifteen days, Sundays excepted, after a notice of such sale has
4 been published at least once in a definitive trade publication of the
5 municipal bond industry published on each business day in the state of
6 New York which is generally available to participants in the municipal
7 bond industry, which notice shall state the terms of the sale. The
8 comptroller may not change the terms of the sale unless notice of such
9 change is sent via a definitive trade wire service of the municipal bond
10 industry which, in general, makes available information regarding activ-
11 ity and sales of municipal bonds and is generally available to partic-
12 ipants in the municipal bond industry, at least one day prior to the
13 date of the sale as set forth in the original notice of sale. In so
14 changing the terms or conditions of a sale the comptroller may send
15 notice by such wire service that the sale will be delayed by up to thir-
16 ty days, provided that wire notice of the new sale date will be given at
17 least one business day prior to the new time when bids will be accepted.
18 In such event, no new notice of sale shall be required to be published.
19 Notwithstanding the provisions of section one hundred five of the state
20 technology law or any other law, if the notice of sale contains a
21 provision that bids will only be accepted electronically in the manner
22 provided in such notice of sale, the comptroller shall not be required
23 to accept non-electronic bids in any form. Advertisements shall contain
24 a provision to the effect that the state comptroller, in his discretion,
25 may reject any or all bids made in pursuance of such advertisements, and
26 in the event of such rejection, the state comptroller is authorized to
27 negotiate a private sale or readvertise for bids in the form and manner
28 above described as many times as, in his judgment, may be necessary to
29 effect a satisfactory sale. Notwithstanding the foregoing provisions of
30 this subdivision, whenever in the judgment of the comptroller the inter-
31 ests of the state will be served thereby, he may sell state bonds at
32 private sale at par, at par plus a premium not to exceed five percent in
33 the case of refunding bonds or five-tenths of one percent in the case of
34 all other bonds, or at a discount. The comptroller shall promulgate
35 regulations governing the terms and conditions of any such private
36 sales, which regulations shall include a provision that he give notice
37 to the governor, the temporary president of the senate, and the speaker
38 of the assembly of his intention to conduct a private sale of obli-
39 gations pursuant to this section not less than five days prior to such
40 sale or the execution of any binding agreement to effect such sale.
41 (b) Notwithstanding paragraph (a) of this subdivision, whenever in the
42 judgment of the comptroller the interests of the state will be served
43 thereby, such bonds may be sold at public or private sale in accordance
44 with the procedures set forth in paragraph (a) of this subdivision, with
45 interest rates that vary in accordance with a formula or procedure set
46 forth or referred to in the bonds and may provide the holders thereof
47 with such rights to require the state or other persons to purchase or
48 redeem such bonds or renewals thereof from the proceeds of the resale
49 thereof or otherwise from time to time prior to the final maturity of
50 such bonds as the comptroller may determine and the state may resell, at
51 any time prior to final maturity, any such bonds acquired as a result of
52 the exercise of such rights[, provided, however, that as of the initial
53 date of each issuance of such bonds with interest rates that vary the
54 total principal amount of bonds then outstanding pursuant to this para-
55 graph and paragraph b of subdivision four of section fifty-seven shall
56 not exceed twenty percent of the total principal of all bonds then
S. 6256 70 A. 9758
1 outstanding which carry the full faith and credit of the state. Notwith-
2 standing the foregoing, the]. The holders of bonds sold pursuant to this
3 paragraph [shall not] may be provided with the right to require the
4 state to repurchase or redeem the bonds prior to the final maturity
5 thereof [unless] if the state has entered into one or more letter of
6 credit agreements or other liquidity facility agreements entered into
7 for the express purpose of such sale and which shall require a finan-
8 cially responsible party or parties to the agreement or agreements,
9 [other than] which may be the state, to purchase or redeem all or any
10 portion of such bonds tendered by the holders thereof for repurchase or
11 redemption prior to the final maturity of such bonds. Such requirement
12 to purchase or redeem bonds shall continue until such time as the right
13 of the holders of such bonds to require repurchase or redemption of such
14 bonds prior to the final maturity thereof shall cease. A financially
15 responsible party or parties, for purposes of this paragraph, shall mean
16 a person or persons determined by the comptroller to have sufficient net
17 worth and liquidity to purchase and pay for on a timely basis all of the
18 bonds which may be tendered for repurchase or redemption by the holders
19 thereof.
20 § 35. The state finance law is amended by adding a new article 5-D to
21 read as follows:
22 ARTICLE 5-D
23 VARIABLE RATE DEBT INSTRUMENTS
24 Section 69-a. Definitions.
25 69-b. Limitation on amount of variable rate debt instruments.
26 69-c. Variable rate bonds.
27 69-d. Interest rate exchange or similar agreements.
28 69-e. Applicability.
29 § 69-a. Definitions. As used throughout this article, the following
30 terms shall have the following meanings:
31 1. "Variable rate bonds" shall mean any State-supported debt which
32 bears interest at a rate or rates which varies from time to time.
33 2. "Interest rate exchange or similar agreement" shall mean a written
34 contract entered into in connection with the issuance of State-supported
35 debt, or in connection with such State-supported debt already outstand-
36 ing, with a counterparty to provide for an exchange of payments based
37 upon fixed and/or variable interest rates, and shall be for exchanges in
38 currency of the United States of America only.
39 3. "State-supported debt" shall mean all debt included in subdivision
40 one of section sixty-seven-a of this chapter.
41 4. "Authorized issuer" shall mean the state or any state public corpo-
42 ration which is authorized to issue State-supported debt.
43 5. "Governing board" shall mean, for each state public corporation
44 which is authorized to issue State-supported debt, its board of direc-
45 tors or, in the absence of a board of directors, its other appropriate
46 supervising body and, in relation to state general obligation debt, the
47 state comptroller.
48 6. "Variable rate debt instruments" shall mean variable rate bonds and
49 interest rate exchange or similar agreements which result in an author-
50 ized issuer effectively paying interest at a rate or rates which varies
51 from time to time.
52 7. "Excluded agreements" shall mean the total notional amount of
53 interest rate exchange or similar agreements entered into for the
54 purpose of reducing or eliminating a situation of risk or exposure under
55 an existing interest rate exchange or similar agreement, including, but
S. 6256 71 A. 9758
1 not limited to a counterparty downgrade, default, or other actual or
2 potential economic loss.
3 § 69-b. Limitation on amount of variable rate debt instruments. 1. As
4 of the initial date of each issuance of variable rate debt instruments,
5 the total of the principal and notional amounts of such variable rate
6 debt instruments outstanding and in effect shall not exceed an amount
7 equal to fifteen percent of the total principal amount of State-support-
8 ed debt outstanding.
9 2. The limitation contained in subdivision one of this section shall
10 not include any excluded agreements.
11 § 69-c. Variable rate bonds. Notwithstanding any other provision of
12 law to the contrary, any State-supported debt may be issued as variable
13 rate bonds.
14 § 69-d. Interest rate exchange or similar agreements. 1. Authorized
15 issuer; powers. In connection with the issuance of State-supported
16 debt, or in connection with such State-supported debt already outstand-
17 ing, an authorized issuer shall have the power to:
18 (a) enter into interest rate exchange or similar agreements with any
19 person under such terms and conditions as the authorized issuer may
20 determine, including provisions as to default or early termination and
21 indemnification by the authorized issuer or any other party thereto for
22 loss of benefits as a result thereof;
23 (b) procure insurance, letters of credit or other credit enhancement
24 with respect to agreements described in paragraph (a) of this subdivi-
25 sion;
26 (c) provide security for the payment or performance of its obligations
27 with respect to agreements described in paragraph (a) of this subdivi-
28 sion from such sources and with the same effect as is authorized by
29 applicable law with respect to security for its bonds, notes or other
30 obligations, provided, however, that any payment or performance of obli-
31 gations with respect to agreements described in paragraph (a) of this
32 subdivision in connection with debt obligations which carry the full
33 faith and credit of the state shall be subject to appropriation;
34 (d) the state, acting through the director of the budget or other
35 state officials who are so authorized by applicable law with respect to
36 such bonds, notes or other obligations, shall also be authorized to
37 enter into or amend agreements related to such State-supported debt to
38 provide for payment, subject to appropriation, to such authorized issuer
39 of any amounts required to be paid by such authorized issuer under any
40 such interest rate exchange or similar agreement; and
41 (e) modify, amend, or replace, such agreements.
42 2. Interest rate exchange; limitations. Any interest rate exchange or
43 similar agreements entered into pursuant to subdivision one of this
44 section shall be subject to the following limitations:
45 (a) the counterparty thereto shall have credit ratings from at least
46 one nationally recognized statistical rating agency that is within the
47 two highest investment grade categories and ratings which are obtained
48 from any other nationally recognized statistical rating agencies shall
49 also be within the three highest investment grade categories, or the
50 payment obligations of the counterparty shall be unconditionally guaran-
51 teed by an entity with such credit ratings;
52 (b) the written contract shall require that should the rating: (i) of
53 the counterparty, if its payment obligations are not unconditionally
54 guaranteed by another entity, or (ii) of the entity unconditionally
55 guaranteeing its payment obligations, if so secured, fall below the
56 rating required by paragraph (a) of this subdivision, that the obli-
S. 6256 72 A. 9758
1 gations of such counterparty shall be fully and continuously collateral-
2 ized by direct obligations of, or obligations the principal and interest
3 on which are guaranteed by, the United States of America, with a net
4 market value of at least one hundred two percent of the net market value
5 of the contract to the authorized issuer and such collateral shall be
6 deposited with the authorized issuer or an agent thereof;
7 (c) the total notional amount of all interest rate exchange or similar
8 agreements for all authorized issuers to be in effect shall not exceed
9 an amount equal to fifteen percent of the total amount of State-support-
10 ed debt outstanding as of the initial date of entering into each new
11 agreement; provided, however, that such total notional amount shall not
12 include any excluded agreements;
13 (d) no interest rate exchange or similar agreement shall have a matu-
14 rity exceeding the maturity of the related State-supported debt;
15 (e) each interest rate exchange or similar agreement shall be subject
16 to an independent finding that its terms and conditions reflect a fair
17 market value of such agreement as of the date of its execution, regard-
18 less of whether such agreement was solicited on a competitive or negoti-
19 ated basis; and
20 (f) each interest rate exchange or similar agreement, including the
21 modification or termination thereof, shall be subject to the approval of
22 the director of the budget, the governing board of such authorized
23 issuer, and shall not be considered a project for the purposes of arti-
24 cle one-A of the public authorities law.
25 3. Guidelines and reports. (a) Prior to authorizing the approval of
26 any contract for interest rate exchange or similar agreement pursuant to
27 subdivision one of this section, the authorized issuer's governing board
28 shall adopt guidelines for the use of interest rate exchange or similar
29 agreements which shall include, but not be limited to the following:
30 (i) the conditions under which such contracts can be entered into;
31 (ii) the methods by which such contracts are to be solicited and
32 procured;
33 (iii) the form and content such contracts shall take;
34 (iv) the aspects of risk exposure associated with such contracts;
35 (v) standards and procedures for counterparty selection;
36 (vi) standards for the procurement of credit enhancement, liquidity
37 facilities, or the setting aside of reserves in connection with such
38 contracts;
39 (vii) provisions for collateralization or other requirements for
40 securing the financial interest in such contracts;
41 (viii) the long-term implications associated with entering into such
42 agreements, such as costs of borrowing, historical trends, use of capac-
43 ity for variable rate bonds and related credit enhancements, and any
44 potential impact on the future ability to call bonds, including opportu-
45 nities to refund related debt obligations, and similar considerations;
46 (ix) the methods to be used to reflect such contracts in the author-
47 ized issuer's financial statements;
48 (x) financial monitoring and periodic assessment of such contracts by
49 the authorized issuer; and
50 (xi) such other matters relating thereto as the governing board shall
51 deem necessary and proper.
52 (b) The guidelines to be adopted pursuant to paragraph (a) shall be
53 developed in consultation with and subject to the approval of the direc-
54 tor of the budget.
55 (c) The authorized issuer shall issue a monthly report to the director
56 of the budget, the chairs of the senate finance committee and the assem-
S. 6256 73 A. 9758
1 bly ways and means committee, and the state comptroller, on or before
2 the fifteenth day of each month in any state fiscal year in which it
3 enters into or continues to be a party to a contract for interest rate
4 exchange or similar agreement, which shall list all such contracts
5 entered into pursuant to this section, and shall include, but not be
6 limited to, the following information for each such contract, as appli-
7 cable:
8 (i) a description of the contract, including a summary of the terms
9 and conditions, rates, maturity, the estimated market value of each
10 agreement, and other provisions thereof and the method of procurement;
11 (ii) any amounts which were required to be paid and received, and any
12 amounts which actually were paid and received thereunder;
13 (iii) any credit enhancement, liquidity facility or reserves associ-
14 ated therewith including an accounting of all costs and expenses
15 incurred, whether or not in conjunction with the procurement of credit
16 enhancement or liquidity facilities;
17 (iv) a description of each counterparty; and
18 (v) an assessment of the counterparty risk, termination risk, and
19 other risks associated therewith.
20 § 69-e. Applicability. Nothing in this article shall be construed as
21 to apply to or limit any debt obligation or related instrument of the
22 state, state public corporations, or any other issuers except those
23 obligations or instruments which are or relate to State-supported debt.
24 § 36. Section 2926 of the public authorities law is REPEALED.
25 § 37. Any interest rate exchange agreement entered into pursuant to
26 section 2926 of the public authorities law as repealed in section thir-
27 ty-six of this act prior to the effective date of this act shall, upon
28 the effective date hereof, be governed by the provisions of article 5-D
29 of the state finance law, as added by section thirty-five of this act,
30 and as may subsequently be amended.
31 § 38. Subdivisions 17 and 18 of section 3235 of the public authori-
32 ties law are REPEALED and subdivision 19 is renumbered subdivision 17.
33 § 39. Any interest rate exchange agreement entered into pursuant to
34 subdivisions 17 and 18 of section 3235 of the public authorities law as
35 repealed by section thirty-eight of this act prior to the effective date
36 of this act shall, upon the effective date hereof, be governed by the
37 provisions of article 5-D of the state finance law, as added by section
38 thirty-five of this act, and as may subsequently be amended.
39 § 40. Paragraph (e) of subdivision 2 of section 56 of the state
40 finance law, as amended by chapter 11 of the laws of 1994, is amended to
41 read as follows:
42 (e) All money in each escrow fund shall be held as cash or shall be
43 invested in direct obligations of the federal government, direct obli-
44 gations the principal and interest of which are guaranteed by the feder-
45 al government, or obligations the interest on which is exempt from
46 federal income taxation and which are fully secured by direct obli-
47 gations of the federal government, having such maturities and interest
48 payment dates as required to make all payments to be made from the
49 escrow fund as they come due. The earnings on such obligations shall
50 remain in the escrow fund until required to be used to pay debt service
51 on the refunding bonds, to pay debt service on the bonds to be refunded
52 or to make other payments authorized to be made from the escrow fund.
53 Any money or investments remaining in any escrow fund after all refunded
54 bonds are redeemed and after all expenses related to the refunding tran-
55 saction have been paid shall be deposited in the general fund.
S. 6256 74 A. 9758
1 § 41. Section 67-b of the state finance law is amended by adding a new
2 subdivision 5 to read as follows:
3 5. The provisions of this section shall not apply to debt issued
4 pursuant to section nine of article VII of the state constitution.
5 § 42. Subdivision 3 of section 99-e of the state finance law, as added
6 by chapter 309 of the laws of 1996, is amended to read as follows:
7 3. Moneys of the account shall only be available to the state univer-
8 sity of New York and following appropriation by the legislature, shall
9 be credited to the state operated institutions, statutory or contract
10 colleges, hospitals and/or system administration stabilization subac-
11 counts from which the savings were achieved. Notwithstanding section
12 forty of this chapter, section three hundred fifty-five of the education
13 law or any other law to the contrary, all appropriations made from this
14 account to the state university of New York shall remain in full force
15 and effect for two years from July first of the effective [date] year of
16 the chapter in which the appropriations were made. Moneys shall be paid
17 out of the account on the audit and warrant of the state comptroller on
18 vouchers certified or approved by the chancellor of the state university
19 of New York or his or her designee.
20 § 43. Subdivision 3 of section 97-g of the state finance law, as added
21 by chapter 710 of the laws of 1964, is amended to read as follows:
22 3. Moneys of the fund shall be available to the commissioner of gener-
23 al services for the purchase of food, supplies and equipment for state
24 institutions and other state agencies, and for the purpose of furnishing
25 or providing centralized services to or for state institutions and other
26 state agencies. Beginning the first day of April, two thousand two,
27 moneys in such fund shall also be transferred by the state comptroller
28 to the revenue bond tax fund account of the general debt service fund in
29 amounts equal to those required for payments to authorized issuers for
30 revenue bonds issued pursuant to article five-C of this chapter for the
31 purpose of lease purchases and installment purchases by or for state
32 agencies and institutions for personal or real property purposes.
33 § 44. Section 51 of the public authorities law is amended by adding a
34 new subdivision 1-a to read as follows:
35 1-a. Board approval shall not be required for indebtedness incurred by
36 a public benefit corporation subject to the provisions of this section
37 for the purpose of refunding state supported debt, as defined by section
38 sixty-seven-a of the state finance law.
39 § 45. Paragraph (a) of subdivision 1 of section 1290 of the public
40 authorities law, as amended by chapter 624 of the laws of 1999, is
41 amended to read as follows:
42 (a) The corporation shall have power and is hereby authorized from
43 time to time to issue its negotiable or non-negotiable bonds and notes
44 in conformity with applicable provisions of the uniform commercial code
45 in such principal amount, as, in the opinion of the corporation, shall
46 be necessary to provide sufficient funds for achieving its purposes,
47 including the acquisition and construction, operation and maintenance of
48 sewage treatment works, sewage collecting systems, solid waste disposal
49 facilities, storm water collecting systems, water management facilities,
50 air pollution control facilities, the removal, disposal and remediation
51 of petroleum storage tanks and the remediation of the sites thereof and
52 any other project or projects authorized pursuant to the provisions of
53 this title, and paying the cost thereof; the making of loans to persons
54 and, for purposes of sections twelve hundred eighty-five-j, twelve
55 hundred eighty-five-m and twelve hundred eighty-five-o of this title
56 only, to any municipality or recipient for such purposes; the financing
S. 6256 75 A. 9758
1 of the design, acquisition, construction, improvement and installation
2 of all or any portion of Riverbank Park, provided however, that any such
3 bonds or notes issued to finance Riverbank Park shall only be issued in
4 such principal amount as shall be necessary to provide sufficient funds
5 for the repayment of amounts disbursed pursuant to appropriations or
6 reappropriations under chapter fifty-four of the laws of nineteen
7 hundred ninety-one including any subsequent reappropriation of the unex-
8 pended balance of such appropriations or reappropriations for the
9 purpose of Riverbank Park, plus an amount sufficient to fund any debt
10 service reserve fund established by the corporation for the purpose of
11 Riverbank Park and to provide for the payment of fees and other charges
12 and expenses of the corporation in connection with such bonds and notes,
13 which principal amount shall constitute the statutory ceiling on the
14 amount of bonds and notes that can be issued for such purpose; the
15 financing of all or any portion of any state park infrastructure project
16 or reimbursement of the state for expenditures relating thereto, plus an
17 amount to provide for the payment of fees and other charges and expenses
18 of the corporation in connection with such bonds and notes; the
19 provision of funds to the state for any amounts contributed or to be
20 contributed to the water pollution control revolving fund, the pipe-line
21 for jobs fund or the drinking water revolving fund provided, however,
22 that any such bonds or notes issued to provide funds to the water
23 pollution control revolving fund, the pipeline for jobs fund or the
24 drinking water revolving fund shall only be issued in such principal
25 amount as shall be necessary to provide sufficient funds for the repay-
26 ment of amounts disbursed pursuant to any appropriation or reappropri-
27 ation enacted for the pipeline for jobs fund or for the payment of the
28 state match for federal capitalization grants for the water pollution
29 control revolving fund or the drinking water revolving fund, plus an
30 amount sufficient to fund any debt service reserve fund and to provide
31 for fees, charges and other costs of issuance, which principal amount
32 shall constitute the statutory ceiling on the amount of bonds and notes
33 that can be issued for such purpose; the purchase of municipal bonds and
34 notes, and bonds and notes of a state agency, the payment of the cost of
35 any project, the payment of interest on bonds and notes of the corpo-
36 ration, the establishment of reserves to secure such bonds and notes;
37 the provision of working capital and all other expenditures of the
38 corporation incident to and necessary or convenient to carry out its
39 purposes and powers;
40 § 46. Severability. If any clause, sentence, paragraph, subdivision,
41 section or part of this act shall be adjudged by any court of competent
42 jurisdiction to be invalid, such judgement shall not affect, impair, or
43 invalidate the remainder thereof, but shall be confined in its operation
44 to the clause, sentence, paragraph, subdivision, section or part thereof
45 directly involved in the controversy in which such judgement shall have
46 been rendered. It is hereby declared to be the intent of the legislature
47 that this act would have been enacted even if such invalid provisions
48 had not been included herein.
49 § 47. This act shall take effect April 1, 2002; provided, however,
50 that if this act shall take effect after such date it shall take effect
51 immediately and shall be deemed to have been in full force and effect on
52 and after April 1, 2002; provided, further, that sections one, four,
53 seven through fifteen, seventeen and eighteen of this act shall expire
54 March 31, 2003 when upon such date the provisions of such sections shall
55 be deemed repealed.
S. 6256 76 A. 9758
1 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
2 sion, section or part of this act shall be adjudged by any court of
3 competent jurisdiction to be invalid, such judgment shall not affect,
4 impair, or invalidate the remainder thereof, but shall be confined in
5 its operation to the clause, sentence, paragraph, subdivision, section
6 or part thereof directly involved in the controversy in which such judg-
7 ment shall have been rendered. It is hereby declared to be the intent of
8 the legislature that this act would have been enacted even if such
9 invalid provisions had not been included herein.
10 § 3. This act shall take effect immediately provided, however, that
11 the applicable effective date of Parts A through N of this act shall be
12 as specifically set forth in the last section of such Part.
Memorandum in Support