2005-06 Budget - Article 7 Bill s990
STATE OF NEW YORK
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S. 990 A. 1920
SENATE - ASSEMBLY
January 21, 2005
___________
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 penal law, in relation to aggregate weight standards
for controlled substance offenses (Part A); to amend chapter 152 of
the laws of 2001, amending the military law relating to military funds
of the organized militia, in relation to extending the effectiveness
of such provisions (Part B); to amend chapter 268 of the laws of 1996,
amending the education law and the state finance law relating to
providing a recruitment incentive and retention program for certain
active members of the New York army national guard, New York air
national guard, and New York naval militia, in relation to extending
the effectiveness of such chapter (Part C); to amend the executive
law, in relation to violation of parole, conditional release or post-
release supervision (Part D); to amend chapter 62 of the laws of 2003
amending the insurance law and other laws relating to motor vehicle
law enforcement fees, in relation to extending the expiration and
repeal thereof; and to amend chapter 56 of the laws of 2004 amending
the insurance law and the state finance law relating to motor vehicle
law enforcement fees, in relation to extending the expiration and
repeal thereof (Part E); to amend chapter 887 of the laws of 1983,
amending the correction law relating to the psychological testing of
candidates, in relation to extending the expiration of such chapter;
to amend chapter 428 of the laws of 1999, amending the executive law
and the criminal procedure law relating to expanding the geographic
area of employment of certain police officers, in relation to extend-
ing the expiration of such chapter; to amend chapter 886 of the laws
of 1972, amending the correction law and the penal law relating to
prisoner furloughs in certain cases and the crime of absconding there-
from, in relation to extending the expiration of such chapter; to
amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54
of the laws of 1987, the correction law, the penal law and other chap-
ters and laws relating to correctional facilities, in relation to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12170-01-5
S. 990 2 A. 1920
extending the expiration of such chapter; to amend chapter 55 of the
laws of 1992, amending the tax law and other laws relating to taxes,
surcharges, fees and funding, in relation to extending the expiration
of certain provisions of such chapter; to amend chapter 339 of the
laws of 1972, amending the correction law and the penal law relating
to inmate work release, furlough and leave, in relation to extending
the expiration of such chapter; to amend chapter 60 of the laws of
1994 relating to certain provisions which impact upon expenditure of
certain appropriations made by chapter 50 of the laws of 1994 enacting
the state operations budget, in relation to extending the expiration
of certain provisions of such chapter; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
crime of absconding from the community treatment facility, in relation
to extending the expiration of such chapter; to amend chapter 3 of the
laws of 1995, amending the correction law and other laws relating to
the incarceration fee, in relation to extending the expiration of
certain provisions of such chapter; to amend chapter 907 of the laws
of 1984, amending the correction law, the New York city criminal court
act and the executive law relating to prison and jail housing and
alternatives to detention and incarceration programs, in relation to
extending the expiration of certain provisions of such chapter; to
amend chapter 166 of the laws of 1991, amending the tax law and other
laws relating to taxes, in relation to extending the expiration of
certain provisions of such chapter; to amend the vehicle and traffic
law, in relation to extending the expiration of the mandatory
surcharge and victim assistance fee; to amend chapter 713 of the laws
of 1988, amending the vehicle and traffic law relating to the ignition
interlock device program, in relation to extending the expiration
thereof; to amend chapter 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 the penal law of such chapter; and to amend chapter
412 of the laws of 1999, amending the civil practice law and rules and
the court 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 general filing fee
provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend the family protection
and domestic violence intervention act of 1994, in relation to extend-
ing the expiration of certain provisions of the criminal procedure law
requiring the arrest of certain persons engaged in family violence;
and to amend chapter 3 of the laws of 1995, amending the penal law,
the correction law, the criminal procedure law and the executive law
relating to providing for the sentencing of certain felony offenders,
in relation to the effectiveness thereof (Part F); to amend the state
finance law, in relation to establishing the Attica state employees
victims' fund to compensate the victims and survivors of victims of
the 1971 Attica correctional facility riot, and to amend the
correction law, in relation to authorizing an annual commemorative
ceremony at the Attica correctional facility and providing for the
repeal of certain provisions upon expiration thereof (Part G); to
amend the executive law, in relation to merging certain powers, func-
tions, and duties of the division of probation and correctional alter-
natives into the division of criminal justice services and repealing
certain provisions of such law relating thereto (Part H); to amend the
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executive law, in relation to compensation payable to certain state
officers (Part I); to amend the state finance law, in relation to the
indigent legal services fund and quarterly state payments for assigned
counsel paid in accordance with section 35 of the judiciary law (Part
J); to amend chapter 989 of the laws of 1958, relating to creating a
temporary state commission of investigation, in relation to extending
the expiration of such chapter (Part K); to amend the civil service
law, the labor law, the executive law, the state finance law, the
public authorities law, the retirement and social security law, the
education law, the county law and the judiciary law, in relation to
merging the public employment relations board and the state employment
relations board, and to repeal section 702 of the labor law, relating
to the state employment relations board (Part L); to amend the civil
service law, in relation to the annual filing of collective bargaining
information and imposing a fee therefor (Part M); to amend the general
business law, in relation to the penalty for unfair and deceptive
business practices (Part N); to amend chapter 674 of the laws of 1993,
amending the public buildings law relating to value limitations on
contracts, in relation to the effective date of such chapter (Part O);
to amend chapter 95 of the laws of 2000, amending the state finance
law, the general municipal law, the public buildings law and other
laws relating to bonds, notes and revenues, in relation to the effec-
tiveness of certain provisions thereof (Part P); to amend the insur-
ance law, in relation to authorizing the use of owner controlled
insurance programs for public construction contracts (Part Q); to
amend chapter 83 of the laws of 1995 amending the state finance law
and other laws relating to bonds, notes and revenues, in relation to
the effectiveness of certain provisions thereof (Part R); to amend the
vehicle and traffic law, in relation to the denial of registration or
renewal for certain violations; in relation to the suspension of
registration for failure to answer or pay penalties with respect to
certain violations; in relation to establishing a photo-monitoring
program to impose fines for failing to obey work zone speed limits; in
relation to establishing a photo-monitoring program to impose fines
for failing to obey posted speed limits; and in relation to establish-
ing in certain cities a traffic control signal photo-monitoring
program to impose fines for failing to obey traffic control signal
indications; and to amend the vehicle and traffic law and the adminis-
trative code of the city of New York, in relation to the number of
intersections at which traffic control devices may be installed (Part
S); to amend the county law, in relation to clarifying the applicabil-
ity of the state wireless communications service surcharge, imposing
the surcharge on suppliers of wireless communications service, apply-
ing the administrative and enforcement provisions of the tax law to
such surcharge, and conforming the base of the city and county wire-
less surcharges to that of the state wireless surcharge; and to repeal
certain provisions of such law relating to authorizing certain coun-
ties to impose a wireless surcharge (Part T); to amend the state
finance law, in relation to regarding the centralized services
provided by the office of general services (Part U); to amend chapter
101 of the laws of 2004, amending the civil service law and the state
finance law relating to the health insurance fund, in relation to the
effectiveness thereof (Part V); relating to providing for the adminis-
tration of certain funds and accounts related to the 2005-2006 budget;
in relation to authorizing certain payments and transfers; to amend
the state finance law, in relation to the school tax relief fund; to
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amend the private housing finance law, in relation to housing program
bonds and notes; to amend chapter 389 of the laws of 1997, relating to
the financing of the correctional facilities improvement fund and the
youth facility improvement fund, in relation to the issuance of bonds;
to amend chapter 81 of the laws of 2002, relating to providing for the
administration of certain funds and accounts related to the 2002-2003
budget, in relation to the issuance of bonds; to amend chapter 81 of
the laws of 2002, relating to the financing of the Elk street parking
garage building located in the city of Albany, in relation to the
issuance of bonds; to amend the state finance law, in relation to
variable rate bonds, payments, transfers and deposits of funds and
investment of general funds, bond proceeds, and other funds not imme-
diately required; to amend the public authorities law, in relation to
state environmental infrastructure projects and providing for the
repeal of certain provisions upon expiration thereof (Part W); to
amend the state finance law, in relation to creating a program of aid
and incentives for municipalities; and to repeal certain provisions of
such law relating thereto (Part X); to amend the civil service law, in
relation to the consideration of ability to pay in the determination
of arbitration awards; to amend the general municipal law, the state
finance law, the education law, the environmental conservation law,
the highway law, the labor law, the public authorities law, the county
law, the public health law, the facilities development corporation
act, chapter 560 of the laws of 1980 relating to authorizing the city
of New York to adopt a solid waste management law, the New York state
urban development corporation act, chapter 345 of the laws of 1968
relating to establishing a United Nations development district and
formulating and administering plans for the development of such
district, chapter 35 of the laws of 1979 relating to appropriating
funds to the New York state urban development corporation, chapter 735
of the laws of 1979 relating to providing for construction of an Amer-
ican stock exchange/office facility in New York county, chapter 825 of
the laws of 1987 amending the public authorities law and other laws
relating to the construction and improvement of court facilities, the
Hudson river park act, in relation to requirements for separate
contracts for certain public works; to amend the civil practice law
and rules, in relation to payment of certain podiatric expenses; to
amend the general municipal law, the public housing law, the state
finance law, and chapter 585 of the laws of 1939 relating to the rate
of interest to be paid by certain public corporations upon judgments
and accrued claims, in relation to the rate of interest on judgments;
to amend the education law, the public authorities law, the public
housing law, the racing, pari-mutuel wagering and breeding law, and
the New York city health and hospitals corporation act, in relation to
providing for the exclusive jurisdiction of the court of claims over
claims against boards of education and school districts, the community
colleges of the city university of New York, the New York city transit
authority, the metropolitan transportation authority, the triborough
bridge and tunnel authority, the New York city housing authority, the
New York city off-track betting corporation and the New York city
health and hospitals corporation, and claims against the officers and
employees thereof that arise out of their employment, for damages for
personal injury, injury to property and wrongful deaths; to amend the
general municipal law and the public officers law, in relation to the
authorization of inter-municipal agreements; to amend the state
finance law, the general municipal law, and the public authorities
S. 990 5 A. 1920
law, in relation to the state and local government short-term invest-
ment pool; to amend the general municipal law, in relation to tempo-
rary investments by local governments; to amend chapter 130 of the
laws of 1998, amending the general municipal law relating to temporary
investments by local governments, in relation to the effective date
thereof; to repeal section 101 of the general municipal law, section
135 of the state finance law, section 151-a of the public housing law,
subdivisions 1 and 2 of section 458 of the education law, subdivisions
1 and 2 of section 482 of the education law, subdivision (b) of
section 6281 of the education law, paragraph f of subdivision 27 of
section 1680 of the public authorities law, paragraph b of subdivision
1 of section 1734 of the public authorities law, subdivision 2 of
section 2350-o of the public authorities law, paragraph (a) of subdi-
vision 6 of section 2466 of the public authorities law, subdivision 1
of section 2722 of the public authorities law, section 11 of chapter
795 of the laws of 1967 relating to the construction of boards of
cooperative educational services buildings, section 9 of chapter 892
of the laws of 1971 amending the public authorities law relating to
construction by the dormitory authority, section 21 of chapter 464 of
the laws of 1972 amending the public authorities law and other laws
relating to providing facilities for community colleges and the powers
of the state university trustees, section 29 of chapter 337 of the
laws of 1972, amending the correction law and other laws relating to
facilities for the department of correctional services, subdivisions
(a) and (b) of section 4545 of the civil practice law and rules, and
subdivision (e) of rule 4111 of the civil practice law and rules,
relating thereto (Part Y); to amend the tax law, in relation to creat-
ing a new Co-STAR tax rebate program for certain eligible county and
city of New York taxpayers (Part Z); to amend the general municipal
law, the municipal home rule law and the village law, in relation to
mergers and consolidations of municipal governments; and to repeal
section 2-218 of the village law relating to registration list of
voters (Part AA); and to amend the retirement and social security law,
in relation to duties of the comptroller to make changes in actuarial
funding assumptions and methods subject to independent review and
public comment and to improve disclosure of the funded status and
employer funding requirements of the New York state and local retire-
ment systems (Part BB)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2005-2006
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through BB. 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
S. 990 6 A. 1920
1 Section 1. Section 220.06 of the penal law, as amended by chapter 75
2 of the laws of 1995, subdivision 4 as amended by chapter 537 of the laws
3 of 1998, subdivision 6 as added by chapter 635 of the laws of 1997 and
4 subdivision 7 as amended and subdivision 8 as added by chapter 264 of
5 the laws of 2003, is amended to read as follows:
6 § 220.06 Criminal possession of a controlled substance in the fifth
7 degree.
8 A person is guilty of criminal possession of a controlled substance in
9 the fifth degree when he knowingly and unlawfully possesses:
10 1. a controlled substance with intent to sell it; or
11 2. one or more preparations, compounds, mixtures or substances
12 containing a narcotic preparation and said preparations, compounds,
13 mixtures or substances are of an aggregate weight of [one-half ounce]
14 fourteen grams or more; or
15 3. one or more preparations, compounds, mixtures or substances
16 containing phencyclidine and said [phencyclidine weighs fifty milli-
17 grams] preparations, compounds, mixtures or substances are of an aggre-
18 gate weight of five hundred milligrams or more; or
19 4. one or more preparations, compounds, mixtures or substances
20 containing concentrated cannabis as defined in paragraph (a) of subdivi-
21 sion four of section thirty-three hundred two of the public health law
22 and said preparations, compounds, mixtures or substances are of an
23 aggregate weight of [one-fourth ounce] seven grams or more; or
24 5. one or more preparations, compounds, mixtures or substances
25 containing cocaine and said [cocaine weighs five hundred milligrams]
26 preparations, compounds, mixtures or substances are of an aggregate
27 weight of eight hundred thirty-three milligrams or more.
28 6. one or more preparations, compounds, mixtures or substances
29 containing ketamine and said [ketamine weighs] preparations, compounds,
30 mixtures or substances are of an aggregate weight of more than one thou-
31 sand milligrams; or
32 7. ketamine and has previously been convicted of possession or the
33 attempt to commit possession of ketamine in any amount; or
34 8. one or more preparations, compounds, mixtures or substances
35 containing gamma hydroxybutyric acid, as defined in paragraph four of
36 subdivision (e) of schedule I of section thirty-three hundred six of the
37 public health law, and said preparations, compounds, mixtures or
38 substances are of an aggregate weight of twenty-eight grams or more.
39 Criminal possession of a controlled substance in the fifth degree is a
40 class D felony.
41 § 2. Section 220.09 of the penal law, as amended by chapter 75 of the
42 laws of 1995, subdivision 10 as amended by chapter 537 of the laws of
43 1998, subdivision 13 as amended by chapter 635 of the laws of 1997 and
44 subdivision 14 as amended and subdivision 15 as added by chapter 264 of
45 the laws of 2003, is amended to read as follows:
46 § 220.09 Criminal possession of a controlled substance in the fourth
47 degree.
48 A person is guilty of criminal possession of a controlled substance in
49 the fourth degree when he knowingly and unlawfully possesses:
50 1. one or more preparations, compounds, mixtures or substances
51 containing a narcotic drug and said preparations, compounds, mixtures or
52 substances are of an aggregate weight of [one-eighth ounce] three and
53 one-half grams or more; or
54 2. one or more preparations, compounds, mixtures or substances
55 containing methamphetamine, its salts, isomers or salts of isomers and
S. 990 7 A. 1920
1 said preparations, compounds, mixtures or substances are of an aggregate
2 weight of [one-half ounce] fourteen grams or more; or
3 3. one or more preparations, compounds, mixtures or substances
4 containing a narcotic preparation and said preparations, compounds,
5 mixtures or substances are of an aggregate weight of [two ounces]
6 fifty-seven grams or more; or
7 4. one or more preparations, compounds, mixtures or substances
8 containing a stimulant and said [stimulant weighs one gram] prepara-
9 tions, compounds, mixtures or substances are of an aggregate weight of
10 two grams or more; or
11 5. one or more preparations, compounds, mixtures or substances
12 containing lysergic acid diethylamide and said [lysergic acid diethylam-
13 ide weighs one milligram] preparations, compounds, mixtures or
14 substances are of an aggregate weight of three hundred milligrams or
15 more; or
16 6. one or more preparations, compounds, mixtures or substances
17 containing a hallucinogen and said [hallucinogen weighs twenty-five
18 milligrams] preparations, compounds, mixtures or substances are of an
19 aggregate weight of five grams or more; or
20 7. one or more preparations, compounds, mixtures or substances
21 containing a hallucinogenic substance and said [hallucinogenic substance
22 weighs one gram] preparations, compounds, mixtures or substances are of
23 an aggregate weight of three grams or more; or
24 8. one or more preparations, compounds, mixtures or substances
25 containing a dangerous depressant and [such dangerous depressant weighs
26 ten ounces] said preparations, compounds, mixtures or substances are of
27 an aggregate weight of two hundred eighty-three grams or more; or
28 9. one or more preparations, compounds, mixtures or substances
29 containing a depressant and [such depressant weighs two pounds] said
30 preparations, compounds, mixtures or substances are of an aggregate
31 weight of nine hundred six grams or more; or
32 10. one or more preparations, compounds, mixtures or substances
33 containing concentrated cannabis as defined in paragraph (a) of subdivi-
34 sion four of section thirty-three hundred two of the public health law
35 and said preparations, compounds, mixtures or substances are of an
36 aggregate weight of [one ounce] twenty-eight grams or more; or
37 11. one or more preparations, compounds, mixtures or substances
38 containing phencyclidine and said [phencyclidine weighs two hundred
39 fifty milligrams] preparations, compounds, mixtures or substances are of
40 an aggregate weight of two and one-half grams or more; or
41 12. one or more preparations, compounds, mixtures or substances
42 containing methadone and said [methadone weighs three hundred sixty
43 milligrams] preparations, compounds, mixtures or substances are of an
44 aggregate weight of more than seven grams or more; or
45 13. one or more preparations, compounds, mixtures or substances
46 containing phencyclidine and said [phencyclidine weighs fifty milli-
47 grams] preparations, compounds, mixtures or substances are of an aggre-
48 gate weight of five hundred milligrams or more with intent to sell it
49 and has previously been convicted of an offense defined in this article
50 or the attempt or conspiracy to commit any such offense; or
51 14. one or more preparations, compounds, mixtures or substances
52 containing ketamine and said [ketamine weighs four thousand milligrams]
53 preparations, compounds, mixtures or substances are of an aggregate
54 weight of four grams or more; or
55 15. one or more preparations, compounds, mixtures or substances
56 containing gamma hydroxybutyric acid, as defined in paragraph four of
S. 990 8 A. 1920
1 subdivision (e) of schedule I of section thirty-three hundred six of the
2 public health law, and said preparations, compounds, mixtures or
3 substances are of an aggregate weight of two hundred grams or more.
4 Criminal possession of a controlled substance in the fourth degree is
5 a class C felony.
6 § 3. Section 220.16 of the penal law, as amended by chapter 75 of the
7 laws of 1995, is amended to read as follows:
8 § 220.16 Criminal possession of a controlled substance in the third
9 degree.
10 A person is guilty of criminal possession of a controlled substance in
11 the third degree when he knowingly and unlawfully possesses:
12 1. a narcotic drug with intent to sell it; or
13 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
14 acid diethylamide, with intent to sell it and has previously been con-
15 victed of an offense defined in this article [two hundred twenty] or the
16 attempt or conspiracy to commit any such offense; or
17 3. one or more preparations, compounds, mixtures or substances
18 containing a stimulant with intent to sell it and said [stimulant weighs
19 one gram] preparations, compounds, mixtures or substances are of an
20 aggregate weight of two grams or more; or
21 4. one or more preparations, compounds, mixtures or substances
22 containing lysergic acid diethylamide with intent to sell it and said
23 [lysergic acid diethylamide weighs one milligram] preparations,
24 compounds, mixtures or substances are of an aggregate weight of three
25 hundred milligrams or more; or
26 5. one or more preparations, compounds, mixtures or substances
27 containing a hallucinogen with intent to sell it and said [hallucinogen
28 weighs twenty-five milligrams] preparations, compounds, mixtures or
29 substances are of an aggregate weight of five grams or more; or
30 6. one or more preparations, compounds, mixtures or substances
31 containing a hallucinogenic substance with intent to sell it and said
32 [hallucinogenic substance weighs one gram] preparations, compounds,
33 mixtures or substances are of an aggregate weight of three grams or
34 more; or
35 7. one or more preparations, compounds, mixtures or substances
36 containing methamphetamine, its salts, isomers or salts of isomers with
37 intent to sell it and said preparations, compounds, mixtures or
38 substances are of an aggregate weight of [one-eighth ounce] three and
39 one-half grams or more; or
40 8. one or more preparations, compounds, mixtures or substances
41 containing a stimulant and said [stimulant weighs five grams] prepara-
42 tions, compounds, mixtures or substances are of an aggregate weight of
43 ten grams or more; or
44 9. one or more preparations, compounds, mixtures or substances
45 containing lysergic acid diethylamide and said [lysergic acid diethylam-
46 ide weighs five milligrams] preparations, compounds, mixtures or
47 substances are of an aggregate weight of one thousand five hundred
48 milligrams or more; or
49 10. one or more preparations, compounds, mixtures or substances
50 containing a hallucinogen and said [hallucinogen weighs one hundred
51 twenty-five milligrams] preparations, compounds, mixtures or substances
52 are of an aggregate weight of twenty-five grams or more; or
53 11. one or more preparations, compounds, mixtures or substances
54 containing a hallucinogenic substance and said [hallucinogenic substance
55 weighs five grams] preparations, compounds, mixtures or substances are
56 of an aggregate weight of fifteen grams or more; or
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1 12. one or more preparations, compounds, mixtures or substances
2 containing a narcotic drug and said preparations, compounds, mixtures or
3 substances are of an aggregate weight of [one-half ounce] fourteen grams
4 or more; or
5 13. one or more preparations, compounds, mixtures or substances
6 containing phencyclidine and said [phencyclidine weighs one thousand two
7 hundred fifty milligrams] preparations, compounds, mixtures or
8 substances are of an aggregate weight of twelve and one-half grams or
9 more.
10 Criminal possession of a controlled substance in the third degree is a
11 class B felony.
12 § 4. Section 220.18 of the penal law, as amended by chapter 75 of the
13 laws of 1995, the opening paragraph and subdivision 1 as amended by
14 chapter 738 of the laws of 2004, is amended to read as follows:
15 § 220.18 Criminal possession of a controlled substance in the second
16 degree.
17 A person is guilty of criminal possession of a controlled substance in
18 the second degree when he or she knowingly and unlawfully possesses:
19 1. one or more preparations, compounds, mixtures or substances
20 containing a narcotic drug and said preparations, compounds, mixtures or
21 substances are of an aggregate weight of [four ounces] fifty-seven grams
22 or more; or
23 2. one or more preparations, compounds, mixtures or substances
24 containing methamphetamine, its salts, isomers or salts of isomers and
25 said preparations, compounds, mixtures or substances are of an aggregate
26 weight of [two ounces] fifty-seven grams or more; or
27 3. one or more preparations, compounds, mixtures or substances
28 containing a stimulant and said [stimulant weighs ten grams] prepara-
29 tions, compounds, mixtures or substances are of an aggregate weight of
30 twenty grams or more; or
31 4. one or more preparations, compounds, mixtures or substances
32 containing lysergic acid diethylamide and said [lysergic acid diethylam-
33 ide weighs twenty-five milligrams] preparations, compounds, mixtures or
34 substances are of an aggregate weight of seven and one-half grams or
35 more; or
36 5. one or more preparations, compounds, mixtures or substances
37 containing a hallucinogen and said [hallucinogen weighs six hundred
38 twenty-five milligrams] preparations, compounds, mixtures or substances
39 are of an aggregate weight of one hundred twenty-five grams or more; or
40 6. one or more preparations, compounds, mixtures or substances
41 containing a hallucinogenic substance and said [hallucinogenic substance
42 weighs twenty-five grams] preparations, compounds, mixtures or
43 substances are of an aggregate weight of seventy-five grams or more; or
44 7. one or more preparations, compounds, mixtures or substances
45 containing methadone and said [methadone weighs two thousand eight
46 hundred eighty milligrams] preparations, compounds, mixtures or
47 substances are of an aggregate weight of fifty-eight grams or more.
48 Criminal possession of a controlled substance in the second degree is
49 a class A-II felony.
50 § 5. Section 220.21 of the penal law, as amended by chapter 75 of the
51 laws of 1995, the opening paragraph and subdivision 1 as amended by
52 chapter 738 of the laws of 2004, is amended to read as follows:
53 § 220.21 Criminal possession of a controlled substance in the first
54 degree.
55 A person is guilty of criminal possession of a controlled substance in
56 the first degree when he or she knowingly and unlawfully possesses:
S. 990 10 A. 1920
1 1. one or more preparations, compounds, mixtures or substances
2 containing a narcotic drug and said preparations, compounds, mixtures or
3 substances are of an aggregate weight of [eight ounces] one hundred
4 thirteen grams or more; or
5 2. one or more preparations, compounds, mixtures or substances
6 containing methadone and said [methadone weighs five thousand seven
7 hundred sixty milligrams] preparations, compounds, mixtures or
8 substances are of an aggregate weight of one hundred fifteen grams or
9 more.
10 Criminal possession of a controlled substance in the first degree is a
11 class A-I felony.
12 § 6. Section 220.34 of the penal law, as amended by chapter 280 of the
13 laws of 1986, subdivisions 2 and 4 as amended by chapter 75 of the laws
14 of 1995, subdivision 3 as amended by chapter 537 of the laws of 1998,
15 subdivision 6-a as added by chapter 635 of the laws of 1997, subdivision
16 7 as amended by chapter 289 of the laws of 1998 and subdivision 8 as
17 amended and subdivision 9 as added by chapter 264 of the laws of 2003,
18 is amended to read as follows:
19 § 220.34 Criminal sale of a controlled substance in the fourth degree.
20 A person is guilty of criminal sale of a controlled substance in the
21 fourth degree when he knowingly and unlawfully sells:
22 1. a narcotic preparation; or
23 2. one or more preparations, compounds, mixtures or substances
24 containing a dangerous depressant or a depressant and the [dangerous
25 depressant weighs ten ounces or more, or the depressant weighs two
26 pounds] preparations, compounds, mixtures or substances containing a
27 dangerous depressant are of an aggregate weight of two hundred eighty-
28 three grams or more, or said preparations, compounds, mixtures or
29 substances containing the depressant are of an aggregate weight of nine
30 hundred six grams or more; or
31 3. concentrated cannabis as defined in paragraph (a) of subdivision
32 four of section thirty-three hundred two of the public health law; or
33 4. one or more preparations, compounds, mixtures or substances
34 containing phencyclidine and [the phencyclidine weighs fifty milligrams]
35 said preparations, compounds, mixtures or substances are of an aggregate
36 weight of two and one-half grams or more; or
37 5. methadone; or
38 6. any amount of phencyclidine and has previously been convicted of an
39 offense defined in this article or the attempt or conspiracy to commit
40 any such offense; or
41 6-a. one or more preparations, compounds, mixtures or substances
42 containing ketamine and said [ketamine weighs four thousand milligrams]
43 preparations, compounds, mixtures or substances are of an aggregate
44 weight of four grams or more.
45 7. a controlled substance in violation of section 220.31 of this arti-
46 cle, when such sale takes place upon school grounds; or
47 8. a controlled substance in violation of section 220.31 of this arti-
48 cle, when such sale takes place upon the grounds of a child day care or
49 educational facility under circumstances evincing knowledge by the
50 defendant that such sale is taking place upon such grounds. As used in
51 this subdivision, the phrase "the grounds of a child day care or educa-
52 tional facility" shall have the same meaning as provided for in subdivi-
53 sion five of section 220.44 of this article. For the purposes of this
54 subdivision, a rebuttable presumption shall be established that a person
55 has knowledge that they are within the grounds of a child day care or
S. 990 11 A. 1920
1 educational facility when notice is conspicuously posted of the presence
2 or proximity of such facility; or
3 9. one or more preparations, compounds, mixtures or substances
4 containing gamma hydroxybutyric acid, as defined in paragraph four of
5 subdivision (e) of schedule I of section thirty-three hundred six of the
6 public health law, and said preparations, compounds, mixtures or
7 substances are of an aggregate weight of twenty-eight grams or more.
8 Criminal sale of a controlled substance in the fourth degree is a
9 class C felony.
10 § 7. Section 220.39 of the penal law, as amended by chapter 1051 of
11 the laws of 1973, subdivisions 3, 4, 5, 6, 7, and 8 as amended by chap-
12 ter 75 of the laws of 1995, subdivision 9 as added and the closing para-
13 graph as amended by chapter 410 of the laws of 1979, is amended to read
14 as follows:
15 § 220.39 Criminal sale of a controlled substance in the third degree.
16 A person is guilty of criminal sale of a controlled substance in the
17 third degree when he knowingly and unlawfully sells:
18 1. a narcotic drug; or
19 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
20 acid diethylamide and has previously been convicted of an offense
21 defined in article two hundred twenty or the attempt or conspiracy to
22 commit any such offense; or
23 3. one or more preparations, compounds, mixtures or substances
24 containing a stimulant and the [stimulant weighs one gram] preparations,
25 compounds, mixtures or substances are of an aggregate weight of two
26 grams or more; or
27 4. one or more preparations, compounds, mixtures or substances
28 containing lysergic acid diethylamide and the [lysergic acid diethylam-
29 ide weighs one milligram] preparations, compounds, mixtures or
30 substances are of an aggregate weight of three hundred milligrams or
31 more; or
32 5. one or more preparations, compounds, mixtures or substances
33 containing a hallucinogen and the [hallucinogen weighs twenty-five
34 milligrams] preparations, compounds, mixtures or substances are of an
35 aggregate weight of five grams or more; or
36 6. one or more preparations, compounds, mixtures or substances
37 containing a hallucinogenic substance and the [hallucinogenic substance
38 weighs one gram] preparations, compounds, mixtures or substances are of
39 an aggregate weight of three grams or more; or
40 7. one or more preparations, compounds, mixtures or substances
41 containing methamphetamine, its salts, isomers or salts of isomers and
42 the preparations, compounds, mixtures or substances are of an aggregate
43 weight of [one-eighth ounce] three and one-half grams or more; or
44 8. one or more preparations, compounds, mixtures or substances
45 containing phencyclidine and the [phencyclidine weighs two hundred fifty
46 milligrams] preparations, compounds, mixtures or substances are of an
47 aggregate weight of two and one-half grams or more; or
48 9. a narcotic preparation to a person less than twenty-one years old.
49 Criminal sale of a controlled substance in the third degree is a class
50 B felony.
51 § 8. Section 220.41 of the penal law, as added by chapter 276 of the
52 laws of 1973 and subdivisions 1, 2, 3, 4, 5, 6 and 7 as amended by chap-
53 ter 75 of the law of 1995, is amended to read as follows:
54 § 220.41 Criminal sale of a controlled substance in the second degree.
55 A person is guilty of criminal sale of a controlled substance in the
56 second degree when he knowingly and unlawfully sells:
S. 990 12 A. 1920
1 1. one or more preparations, compounds, mixtures or substances
2 containing a narcotic drug and the preparations, compounds, mixtures or
3 substances are of an aggregate weight of [one-half ounce] fourteen grams
4 or more; or
5 2. one or more preparations, compounds, mixtures or substances
6 containing methamphetamine, its salts, isomers or salts of isomers and
7 the preparations, compounds, mixtures or substances are of an aggregate
8 weight of [one-half ounce] fourteen grams or more; or
9 3. one or more preparations, compounds, mixtures or substances
10 containing a stimulant and the [stimulant weighs five grams] prepara-
11 tions, compounds, mixtures or substances are of an aggregate weight of
12 ten grams or more; or
13 4. one or more preparations, compounds, mixtures or substances
14 containing lysergic acid diethylamide and the [lysergic acid diethylam-
15 ide weighs five milligrams] preparations, compounds, mixtures or
16 substances are of an aggregate weight of one thousand five hundred
17 milligrams or more; or
18 5. one or more preparations, compounds, mixtures or substances
19 containing a hallucinogen and the [hallucinogen weighs one hundred twen-
20 ty-five milligrams] preparations, compounds, mixtures or substances are
21 of an aggregate weight of twenty-five grams or more; or
22 6. one or more preparations, compounds, mixtures or substances
23 containing a hallucinogenic substance and the [hallucinogenic substance
24 weighs five grams] preparations, compounds, mixtures or substances are
25 of an aggregate weight of fifteen grams or more; or
26 7. one or more preparations, compounds, mixtures or substances
27 containing methadone and the [methadone weighs three hundred sixty
28 milligrams] preparations, compounds, mixtures or substances are of an
29 aggregate weight of seven grams or more.
30 Criminal sale of a controlled substance in the second degree is a
31 class A-II felony.
32 § 9. Section 220.43 of the penal law, as amended by chapter 785 of the
33 laws of 1975 and subdivisions 1 and 2 as amended by chapter 75 of the
34 laws of 1995, is amended to read as follows:
35 § 220.43 Criminal sale of a controlled substance in the first degree.
36 A person is guilty of criminal sale of a controlled substance in the
37 first degree when he knowingly and unlawfully sells:
38 1. one or more preparations, compounds, mixtures or substances
39 containing a narcotic drug and the preparations, compounds, mixtures or
40 substances are of an aggregate weight of [two ounces] fifty-seven grams
41 or more; or
42 2. one or more preparations, compounds, mixtures or substances
43 containing methadone and [the methadone weighs two thousand eight
44 hundred eighty milligrams] said preparations, compounds, mixtures or
45 substances weight fifty-eight grams or more.
46 Criminal sale of a controlled substance in the first degree is a class
47 A-I felony.
48 § 10. This act shall take effect immediately, and shall be deemed to
49 have been in full force and effect on and after April 1, 2005.
50 PART B
51 Section 1. Section 3 of part C of chapter 152 of the laws of 2001,
52 amending the military law relating to military funds of the organized
53 militia, as amended by section 1 of part D of chapter 62 of the laws of
54 2003, is amended to read as follows:
S. 990 13 A. 1920
1 § 3. This act shall take effect on the same date as the reversion of
2 subdivision 5 of section 183 and subdivision 1 of section 221 of the
3 military law as provided by section 76 of chapter 435 of the laws of
4 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
5 standing this act shall be deemed to have been in full force and effect
6 on and after July [29, 2003] 31, 2005 and shall remain in full force and
7 effect until July 31, [2005] 2010 when upon such date this act shall
8 expire.
9 § 2. This act shall take effect immediately and shall be deemed to
10 have been in full force and effect on and after April 1, 2005.
11 PART C
12 Section 1. Section 5 of chapter 268 of the laws of 1996, amending the
13 education law and the state finance law relating to providing a recruit-
14 ment incentive and retention program for certain active members of the
15 New York army national guard, New York air national guard, and New York
16 naval militia, as amended by section 1 of part F of chapter 63 of the
17 laws of 2001, is amended to read as follows:
18 § 5. This act shall take effect January 1, 1997 and shall expire and
19 be deemed repealed March 31, [2006] 2011; provided that any person who
20 has begun to receive the benefits of this act prior to its expiration
21 and repeal shall be entitled to continue to receive the benefits of this
22 act after its expiration and repeal until completion of a baccalaureate
23 degree or cessation of status as an active member, whichever occurs
24 first.
25 § 2. This act shall take effect immediately and shall be deemed to
26 have been in full force and effect on and after April 1, 2005.
27 PART D
28 Section 1. Subparagraph (iii) of paragraph (c) of subdivision 3 of
29 section 259-i of the executive law, as amended by section 11 of part E
30 of chapter 62 of the laws of 2003, is amended to read as follows:
31 (iii) The alleged violator shall, within three days of the execution
32 of the warrant, be given written notice of the time, place and purpose
33 of the hearing unless he is detained pursuant to the provisions of
34 subparagraph (iv) of paragraph (a) of this subdivision. In those
35 instances, the alleged violator will be given written notice of the
36 time, place and purpose of the hearing within [five] ten days of the
37 execution of the warrant. The notice shall state what conditions of
38 presumptive release, parole, conditional release or post-release super-
39 vision are alleged to have been violated, and in what manner; that such
40 person shall have the right to appear and speak in his own behalf; that
41 he shall have the right to introduce letters and documents; that he may
42 present witnesses who can give relevant information to the hearing offi-
43 cer; that he has the right to confront the witnesses against him.
44 Adverse witnesses may be compelled to attend the preliminary hearing
45 unless the prisoner has been convicted of a new crime while on super-
46 vision or unless the hearing officer finds good cause for their non-at-
47 tendance.
48 § 2. This act shall take effect immediately and shall be deemed to
49 have been in full force and effect on and after April 1, 2005.
50 PART E
S. 990 14 A. 1920
1 Section 1. Section 7 of part Q of chapter 62 of the laws of 2003,
2 amending the insurance law and other laws relating to motor vehicle law
3 enforcement fees, is amended to read as follows:
4 § 7. This act shall take effect immediately, provided that sections
5 one, two and three of this act shall take effect June 1, 2003; and
6 provided further that the amendments made to subsection (b) of section
7 9110 of the insurance law made by section one of this act shall expire
8 and be deemed repealed on July 1, [2005] 2006 and the provisions of such
9 subsection shall be read as such provisions existed on the date imme-
10 diately preceding the effective date of this act; and provided further
11 that the amendments made to subsection (e) of section 9110 of the insur-
12 ance law made by section two of this act and the amendments made to
13 subdivision 3 of section 97-mm of the state finance law made by section
14 three of this act shall expire and be deemed repealed on March 31, 2004
15 and the provisions of such subsection and such subdivision shall be read
16 as such provisions existed on the date immediately preceding the effec-
17 tive date of this act.
18 § 2. Section 3 of part A of chapter 56 of the laws of 2004, amending
19 the insurance law and the state finance law relating to motor vehicle
20 law enforcement fees, is amended to read as follows:
21 § 3. This act shall take effect immediately and shall be deemed to
22 have been in full force and effect on and after April 1, 2004; provided,
23 however, that the amendments made to subsections (e) and (f) of section
24 9110 of the insurance law made by section one of this act shall expire
25 and be deemed repealed on March 31, [2005] 2006, and provided further
26 that the amendments made to subdivisions 2 and 3 of section 97-mm of the
27 state finance law made by section two of this act shall expire and be
28 deemed repealed on March 31, [2005] 2006.
29 § 3. This act shall take effect immediately and shall be deemed to
30 have been in full force and effect on and after April 1, 2005.
31 PART F
32 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
33 correction law relating to the psychological testing of candidates, as
34 amended by chapter 16 of the laws of 2003, is amended to read as
35 follows:
36 § 2. This act shall take effect on the one hundred eightieth day after
37 it shall have become a law and shall remain in effect until September 1,
38 [2005] 2010.
39 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
40 tive law and the criminal procedure law relating to expanding the
41 geographic area of employment of certain police officers, as amended by
42 chapter 16 of the laws of 2003, is amended to read as follows:
43 § 3. This act shall take effect on the first day of November next
44 succeeding the date on which it shall have become a law, and shall
45 remain in effect until the first day of September, [2005] 2010, when it
46 shall expire and be deemed repealed.
47 § 3. Section 3 of chapter 886 of the laws of 1972, amending the
48 correction law and the penal law relating to prisoner furloughs in
49 certain cases and the crime of absconding therefrom, as amended by chap-
50 ter 16 of the laws of 2003, is amended to read as follows:
51 § 3. This act shall take effect 60 days after it shall have become a
52 law and shall remain in effect until September 1, [2005] 2010.
53 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
54 50, 53 and 54 of the laws of 1987, the correction law, the penal law and
S. 990 15 A. 1920
1 other chapters and laws relating to correctional facilities, as amended
2 by chapter 16 of the laws of 2003, is amended to read as follows:
3 § 20. This act shall take effect immediately except that section thir-
4 teen of this act shall expire and be of no further force or effect on
5 and after September 1, [2005] 2010 and shall not apply to persons
6 committed to the custody of the department after such date, and provided
7 further that the commissioner of correctional services shall report each
8 January first and July first during such time as the earned eligibility
9 program is in effect, to the chairmen of the senate crime and correction
10 committee, the senate codes committee, the assembly correction commit-
11 tee, and the assembly codes committee, the standards in effect for
12 earned eligibility during the prior six-month period, the number of
13 inmates subject to the provisions of earned eligibility, the number who
14 actually received certificates of earned eligibility during that period
15 of time, the number of inmates with certificates who are granted parole
16 upon their first consideration for parole, the number with certificates
17 who are denied parole upon their first consideration, and the number of
18 individuals granted and denied parole who did not have earned eligibil-
19 ity certificates.
20 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
21 amending the tax law and other laws relating to taxes, surcharges, fees
22 and funding, as amended by chapter 16 of the laws of 2003, is amended to
23 read as follows:
24 (q) the provisions of section two hundred eighty-four of this act
25 shall remain in effect until September 1, [2005] 2010 and be applicable
26 to all persons entering the program on or before August 31, [2005] 2010.
27 § 6. Section 10 of chapter 339 of the laws of 1972, amending the
28 correction law and the penal law relating to inmate work release,
29 furlough and leave, as amended by chapter 16 of the laws of 2003, is
30 amended to read as follows:
31 § 10. This act shall take effect 30 days after it shall have become a
32 law and shall remain in effect until September 1, [2005] 2010, and
33 provided further that the commissioner of correctional services shall
34 report each January first, and July first, to the chairman of the senate
35 crime victims, crime and correction committee, the senate codes commit-
36 tee, the assembly correction committee, and the assembly codes commit-
37 tee, the number of eligible inmates in each facility under the custody
38 and control of the commissioner who have applied for participation in
39 any program offered under the provisions of work release, furlough, or
40 leave, and the number of such inmates who have been approved for partic-
41 ipation.
42 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994
43 relating to certain provisions which impact upon expenditure of certain
44 appropriations made by chapter 50 of the laws of 1994 enacting the state
45 operations budget, as amended by chapter 16 of the laws of 2003, is
46 amended to read as follows:
47 (c) sections forty-one and forty-two of this act shall expire Septem-
48 ber 1, [2005] 2010; provided, that the provisions of section forty-two
49 of this act shall apply to inmates entering the work release program on
50 or after such effective date; and
51 § 8. Section 5 of chapter 554 of the laws of 1986, amending the
52 correction law and the penal law relating to providing for community
53 treatment facilities and establishing the crime of absconding from the
54 community treatment facility, as amended by chapter 16 of the laws of
55 2003, is amended to read as follows:
S. 990 16 A. 1920
1 § 5. This act shall take effect immediately and shall remain in full
2 force and effect until September 1, [2005] 2010, and provided further
3 that the commissioner of correctional services shall report each January
4 first and July first during such time as this legislation is in effect,
5 to the chairmen of the senate crime victims, crime and [correctional]
6 correction committee, the senate codes committee, the assembly
7 correction committee, and the assembly codes committee, the number of
8 individuals who are released to community treatment facilities during
9 the previous six-month period, including the total number for each date
10 at each facility who are not residing within the facility, but who are
11 required to report to the facility on a daily or less frequent basis.
12 § 9. Subdivision h of section 74 of chapter 3 of the laws of 1995,
13 amending the correction law and other laws relating to the incarceration
14 fee, as amended by chapter 16 of the laws of 2003, is amended to read as
15 follows:
16 h. Section fifty-two of this act shall be deemed to have been in full
17 force and effect on and after April 1, 1995; provided, however, that the
18 provisions of section 189 of the correction law, as amended by section
19 fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
20 as amended by section fifty-six of this act, and section fifty-seven of
21 this act shall expire September 1, [2005] 2010, when upon such date the
22 amendments to the correction law and penal law made by sections fifty-
23 five and fifty-six of this act shall revert to and be read as if the
24 provisions of this act had not been enacted; provided, further, however,
25 that sections sixty-two, sixty-three and sixty-four of this act shall be
26 deemed to have been in full force and effect on and after March 1, 1995
27 and shall be deemed repealed April 1, 1996 and upon such date the
28 provisions of subsection (e) of section 9110 of the insurance law and
29 subdivision 2 of section 89-d of the state finance law shall revert to
30 and be read as set out in law on the date immediately preceding the
31 effective date of sections sixty-two and sixty-three of this act;
32 § 10. Subdivision (z) of section 427 of chapter 55 of the laws of
33 1992, amending the tax law and other laws relating to taxes, surcharges,
34 fees and funding, as amended by chapter 16 of the laws of 2003, is
35 amended to read as follows:
36 (z) the provisions of section three hundred eighty-one of this act
37 shall apply to all persons supervised by the division of parole on or
38 after the effective date of this act, provided however, that subdivision
39 9 of section 259-a of the executive law, as added by section three
40 hundred eighty-one of this act, shall expire on September 1, [2005]
41 2010;
42 § 11. Subdivision (aa) of section 427 of chapter 55 of the laws of
43 1992, amending the tax law and other laws relating to taxes, surcharges,
44 fees and funding, as amended by chapter 16 of the laws of 2003, is
45 amended to read as follows:
46 (aa) the provisions of sections three hundred eighty-two, three
47 hundred eighty-three and three hundred eighty-four of this act shall
48 expire on September 1, [2005] 2010;
49 § 12. Section 12 of chapter 907 of the laws of 1984, amending the
50 correction law, the New York city criminal court act and the executive
51 law relating to prison and jail housing and alternatives to detention
52 and incarceration programs, as amended by chapter 16 of the laws of
53 2003, is amended to read as follows:
54 § 12. This act shall take effect immediately, except that the
55 provisions of sections one through ten of this act shall remain in full
S. 990 17 A. 1920
1 force and effect until September 1, [2005] 2010 on which date those
2 provisions shall be deemed to be repealed.
3 § 13. Subdivision (p) of section 406 of chapter 166 of the laws of
4 1991, amending the tax law and other laws relating to taxes, as amended
5 by chapter 16 of the laws of 2003, is amended to read as follows:
6 (p) The amendments to section 1809 of the vehicle and traffic law made
7 by sections three hundred thirty-seven and three hundred thirty-eight of
8 this act shall not apply to any offense committed prior to such effec-
9 tive date; provided, further, that section three hundred forty-one of
10 this act shall take effect immediately and shall expire November 1, 1993
11 at which time it shall be deemed repealed; sections three hundred
12 forty-five and three hundred forty-six of this act shall take effect
13 July 1, 1991; sections three hundred fifty-five, three hundred fifty-
14 six, three hundred fifty-seven and three hundred fifty-nine of this act
15 shall take effect immediately and shall expire June 30, 1995 and shall
16 revert to and be read as if this act had not been enacted; section three
17 hundred fifty-eight of this act shall take effect immediately and shall
18 expire June 30, 1998 and shall revert to and be read as if this act had
19 not been enacted; section three hundred sixty-four through three hundred
20 sixty-seven of this act shall apply to claims filed on or after such
21 effective date; sections three hundred sixty-nine, [three hundred seven-
22 ty-two,] three hundred seventy-three, three hundred seventy-four, three
23 hundred seventy-five and three hundred seventy-six of this act shall
24 remain in effect until September 1, [2005] 2010, at which time they
25 shall be deemed repealed; provided, however, that the mandatory
26 surcharge provided in section three hundred seventy-four of this act
27 shall apply to parking violations occurring on or after said effective
28 date; [and provided further that the amendments made to section 235 of
29 the vehicle and traffic law by section three hundred seventy-two of this
30 act,] the amendments made to section 1809 of the vehicle and traffic law
31 by section three hundred thirty-seven of this act and the amendments
32 made to section 235 of the vehicle and traffic law by section three
33 hundred seventy-two of this act shall expire on December 1, 2009, the
34 amendments made to section 1809 of the vehicle and traffic law by
35 [sections three hundred thirty-seven and] section three hundred thirty-
36 eight of this act and the amendments made to section 215-a of the labor
37 law by section three hundred seventy-five of this act shall expire on
38 September 1, [2005] 2010 and upon such date the provisions of such
39 subdivisions and sections shall revert to and be read as if the
40 provisions of this act had not been enacted; the amendments to subdivi-
41 sions 2 and 3 of section 400.05 of the penal law made by sections three
42 hundred seventy-seven and three hundred seventy-eight of this act shall
43 expire on July 1, 1992 and upon such date the provisions of such subdi-
44 visions shall revert and shall be read as if the provisions of this act
45 had not been enacted; the state board of law examiners shall take such
46 action as is necessary to assure that all applicants for examination for
47 admission to practice as an attorney and counsellor at law shall pay the
48 increased examination fee provided for by the amendment made to section
49 465 of the judiciary law by section three hundred eighty of this act for
50 any examination given on or after the effective date of this act
51 notwithstanding that an applicant for such examination may have prepaid
52 a lesser fee for such examination as required by the provisions of such
53 section 465 as of the date prior to the effective date of this act; the
54 provisions of section 306-a of the civil practice law and rules as added
55 by section three hundred eighty-one of this act shall apply to all
56 actions pending on or commenced on or after September 1, 1991, provided,
S. 990 18 A. 1920
1 however, that for the purposes of this section service of such summons
2 made prior to such date shall be deemed to have been completed on
3 September 1, 1991; the provisions of section three hundred eighty-three
4 of this act shall apply to all money deposited in connection with a cash
5 bail or a partially secured bail bond on or after such effective date;
6 and the provisions of sections three hundred eighty-four and three
7 hundred eighty-five of this act shall apply only to jury service
8 commenced during a judicial term beginning on or after the effective
9 date of this act; provided, however, that nothing contained herein shall
10 be deemed to affect the application, qualification, expiration or repeal
11 of any provision of law amended by any section of this act and such
12 provisions shall be applied or qualified or shall expire or be deemed
13 repealed in the same manner, to the same extent and on the same date as
14 the case may be as otherwise provided by law;
15 § 14. Subdivision 8 of section 1809 of the vehicle and traffic law,
16 as amended by chapter 261 of the laws of 2003, is amended to read as
17 follows:
18 8. The provisions of this section shall only apply to offenses commit-
19 ted on or before September first, two thousand [five] ten.
20 § 15. Subdivision (r) of section 427 of chapter 55 of the laws of
21 1992, amending the tax law and other laws relating to taxes, surcharges,
22 fees and funding, as amended by chapter 16 of the laws of 2003, is
23 amended to read as follows:
24 (r) the provisions of sections two hundred eighty-six through two
25 hundred ninety-one of this act shall apply to all persons released on
26 medical parole prior to September 1, [2005] 2010, and shall expire and
27 be of no further effect on September 1, [2005] 2010;
28 § 16. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
29 cle and traffic law relating to the ignition interlock device program,
30 as amended by chapter 16 of the laws of 2003, is amended to read as
31 follows:
32 § 6. This act shall take effect on the first day of April next
33 succeeding the date on which it shall have become a law; provided,
34 however, that effective immediately, the addition, amendment or repeal
35 of any rule or regulation necessary for the implementation of the fore-
36 going sections of this act on their effective date is authorized and
37 directed to be made and completed on or before such effective date and
38 shall remain in full force and effect until the first day of September,
39 [2005] 2010 when upon such date the provisions of this act shall be
40 deemed repealed.
41 § 17. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
42 laws of 1997, amending the military law and other laws relating to vari-
43 ous provisions, as amended by chapter 16 of the laws of 2003, is amended
44 to read as follows:
45 a. sections forty-three through forty-five of this act shall expire
46 and be deemed repealed on September 1, [2005] 2010;
47 § 18. Section 4 of part D of chapter 412 of the laws of 1999, amending
48 the civil practice law and rules and the court of claims act relating to
49 prisoner litigation reform, as amended by chapter 16 of the laws of
50 2003, is amended to read as follows:
51 § 4. This act shall take effect 120 days after it shall have become a
52 law and shall remain in full force and effect until September 1, [2005]
53 2010, when upon such date it shall expire.
54 § 19. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
55 constituting the family protection and domestic violence intervention
S. 990 19 A. 1920
1 act of 1994, as amended by chapter 303 of the laws of 2003, is amended
2 to read as follows:
3 2. Subdivision 4 of section 140.10 of the criminal procedure law as
4 added by section thirty-two of this act shall take effect January 1,
5 1996 and shall expire and be deemed repealed on September 1, [2005; and]
6 2010.
7 § 20. Subdivision d of section 74 of chapter 3 of the laws of 1995
8 amending the penal law, the correction law, the criminal procedure law
9 and the executive law relating to providing for the sentencing of
10 certain felony offenders, is amended to read as follows:
11 d. Sections one-a through twenty, twenty-four through twenty-eight,
12 thirty through thirty-nine, forty-two, forty-three and forty-four of
13 this act shall be deemed repealed on September 30, [2005] 2010;
14 § 21. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after April 1, 2005.
16 PART G
17 Section 1. Statement of intent. The executive and legislature hereby
18 find that during the period September 9, 1971 through September 13,
19 1971, an inmate uprising occurred at Attica correctional facility.
20 During the uprising and retaking of the prison, eleven employees of the
21 state of New York were killed in the line of duty and a number of other
22 state employees suffered varying degrees of physical and emotional inju-
23 ries inflicted by the inmates as well as injuries that resulted from
24 gunfire during the retaking of the prison.
25 The executive and legislature further find that following the inmate
26 uprising and retaking of the prison, certain survivors and/or legal
27 representatives of the deceased and injured state employees commenced
28 actions and proceedings against the state of New York to recover for the
29 injuries, pain and suffering and death of these employees. Under exist-
30 ing law, and as a consequence of New York State court and administrative
31 tribunal decisions interpreting such laws, many of these individuals
32 were unable to recover remuneration sufficient to compensate for the
33 great losses suffered in the service of the state. Furthermore, the
34 executive and legislature are mindful of the fact that a federal class
35 action lawsuit in the western district of New York, Akil Al-Jundi v.
36 Manccusi, 75-CV-132, which was commenced by a number of inmates in 1975
37 against certain state employees for injuries suffered during and after
38 the retaking of the prison, was settled by the state, after nearly twen-
39 ty-five years of litigation, by payment of eight million dollars
40 ($8,000,000) to the inmates and a further four million dollars
41 ($4,000,000) to their legal representatives, for a total amount of
42 twelve million dollars ($12,000,000). In recognition of this inequity,
43 the executive and legislature find that the state owes a moral obli-
44 gation to the concerned employees and/or their survivors to fashion a
45 fair, just and inclusive remedy.
46 The executive and legislature find and declare that a total payment of
47 twelve million dollars ($12,000,000) to the class of employees and
48 survivors as recompense for the pain and suffering caused by the inju-
49 ries and torment suffered by the referenced state employees, and as
50 payment for counseling necessitated by the injuries and torment suffered
51 by the state employees and their loved ones, to be accomplished over a
52 six year period in annual $2 million increments, commencing in fiscal
53 year 2005-2006, shall constitute a fair, just and inclusive remedy. The
54 Attica state employee victims fund shall be created for such purpose.
S. 990 20 A. 1920
1 In further recognition of the deep toll paid by the state employee
2 victims of the Attica riot, the executive and legislature find it appro-
3 priate to mandate the right of the state employee victims of Attica and
4 their survivors to conduct an annual memorial service at Attica. It is
5 the will of the executive and legislature that such remedies bring final
6 closure to the chapter in New York's history that is known as the "Atti-
7 ca riot".
8 § 2. The state finance law is amended by adding a new section 99-m to
9 read as follows:
10 § 99-m. Attica state employee victims' fund. 1. Establishment of
11 fund. (a) There is hereby established in the joint custody of the
12 commissioner of taxation and finance and the state comptroller a special
13 fund to be known as the "Attica state employee victims' fund" for
14 payment to the state employee victims of the September, nineteen hundred
15 seventy-one Attica correctional facility inmate uprising and retaking.
16 (b) Such account shall consist of monies transferred from the general
17 fund. An annual transfer of two million dollars will be made on and
18 after September first but not later than March thirty-first, beginning
19 with the two thousand five--two thousand six state fiscal year and
20 ending with the two thousand ten--two thousand eleven state fiscal year,
21 for a total of twelve million dollars ($12,000,000).
22 (c) Moneys of such fund shall be distributed pursuant to this section
23 to the state employee victims and survivors of deceased state employee
24 victims as recompense for the pain, suffering and torment endured by
25 those victims during the course of the uprising and retaking.
26 2. Class of eligible employee claimants, their estates or survivors.
27 (a) For the purposes of this section, the term "distributee" shall have
28 the same meaning as that encompassed in the rules of distribution of an
29 intestate estate as codified at section 4-1.1 of the estates, powers and
30 trusts law.
31 (b) The following individuals are eligible for payment from the Attica
32 state employee victims' fund: (i) Distributees of any correction officer
33 or state civilian employee who died as a result of injuries sustained
34 during the uprising or retaking of Attica correctional facility between
35 September ninth and September thirteenth, nineteen hundred seventy-one;
36 (ii) Any current or former correction officer or state civilian
37 employee, so employed as of the dates of the uprising or retaking, who
38 was physically attacked, held hostage or detained by inmates during the
39 Attica riot between the dates September ninth and September thirteenth,
40 nineteen hundred seventy-one, even if released prior to the retaking of
41 Attica correctional facility by state forces on September thirteenth,
42 nineteen hundred seventy-one, or the distributees of said correction
43 officer or state civilian employee, should they be now deceased; and
44 (iii) Any current or former correction officer or state civilian
45 employee, so employed as of the dates of the uprising or retaking, or
46 any current or former New York state police employee, so employed as of
47 the dates of the uprising or retaking, who was shot during the retaking
48 of Attica correctional facility by state forces on September thirteenth,
49 nineteen hundred seventy-one, or the distributees of said employee,
50 should said employee be now deceased.
51 (c) Any person who would otherwise qualify as a member of the class
52 shall be excluded if, prior to the effective date of this section, they
53 shall have been granted judgment in a civil suit in the New York state
54 court of claims or received payment as settlement of a civil suit filed
55 in the New York state court of claims against the state of New York
56 based upon facts arising out of the Attica prison uprising.
S. 990 21 A. 1920
1 3. Claim procedure. It is recognized that approximately fifty employ-
2 ees, or their estates or survivors, comprise the class of eligible
3 claimants. A payment plan for the Attica state employee victims' fund
4 shall be developed and administered as follows:
5 (a) An individual or entity ("administrator"), appointed by the gover-
6 nor in consultation with the temporary president of the senate, the
7 speaker of the assembly, and representatives of eligible claimants,
8 shall develop the compensation payment plan. Such administrator shall
9 not be entitled to salary or remuneration for his/her services; however,
10 reasonable expenses directly connected to the conduct of the administra-
11 tor's duties shall be paid through the department of correctional
12 services.
13 (b) The administrator shall receive from each claimant an accounting
14 of the injuries suffered by the state employee victim during the course
15 of the Attica riots. The administrator shall determine and promulgate to
16 potential claimants through the department of correctional services the
17 means and dates by which said accountings of injuries shall be submitted
18 and determined. To the extent any inconsistency or discrepancy in
19 accounts of injuries suffered is identified, the administrator may rely
20 upon the assistance of the report, research, and documentation regarding
21 the Attica riots compiled by the Attica task force created in March of
22 two thousand one.
23 (c) Upon receipt and review of all accountings of injuries suffered,
24 the administrator shall place each identified state-employee victim
25 (living or deceased) into one of an appropriate number of broad
26 subclasses to be identified by the administrator, such subclasses to be
27 defined according to the nature and severity of the injuries suffered.
28 Each identified state-employee victim, or the group of their distribu-
29 tees as identified pursuant to subdivision two of this section, within a
30 subclass shall receive the identical monetary award, provided however,
31 that an offset against the award of fifty-five thousand dollars
32 ($55,000) shall be made for the survivors of any employee killed during
33 the Attica riot, if such survivor or survivors previously opted for and
34 did receive the sum of fifty-five thousand dollars ($55,000) pursuant to
35 the appropriation in part O of chapter fifty-seven of the laws of two
36 thousand.
37 (d) Total payments made under the plan shall be twelve million dollars
38 ($12,000,000). Upon final completion of the payment plan and annual
39 payment schedule, the administrator shall certify to the comptroller, no
40 later than March thirty-first, two thousand six, the payments to be made
41 from the Attica state employee victims' fund.
42 4. Exemption. All payments received pursuant to this section, whether
43 by judgment or compromise and settlement, shall be exempt from all taxa-
44 tion.
45 § 3. Section 146 of the correction law, as amended by chapter 476 of
46 the laws of 1970, is amended to read as follows:
47 § 146. Persons authorized to visit correctional facilities. 1. The
48 following persons shall be authorized to visit at pleasure all correc-
49 tional facilities: The governor and lieutenant-governor, commissioner of
50 general services, secretary of state, comptroller and attorney-general,
51 members of the commission of correction, members of the legislature,
52 judges of the court of appeals, supreme court and county judges,
53 district attorneys and every minister of the gospel having charge of a
54 congregation in the town wherein any such facility is situated. No other
55 person not otherwise authorized by law shall be permitted to enter a
56 correctional facility except by authority of the commissioner of
S. 990 22 A. 1920
1 correction under such regulations as the commissioner shall prescribe.
2 The provisions of this section shall not apply to such portion of a
3 correctional facility in which inmates under sentence of death are
4 confined.
5 2. Notwithstanding any other provision of law to the contrary, on each
6 September thirteenth anniversary date of the nineteen hundred seventy-
7 one retaking of Attica correctional facility, in the absence of an emer-
8 gency situation or other exigent circumstance, the commissioner shall
9 ensure that any surviving state employees who were held as hostages and
10 any immediate family members, as that term is defined in subdivision
11 four of section 120.40 of the penal law, of any of the state employees
12 who were held hostage for any period by rioting inmates during the peri-
13 od from September ninth through September thirteenth, nineteen hundred
14 seventy-one, shall be afforded access to the outside grounds of Attica
15 correctional facility to conduct a private commemorative ceremony in
16 front of the Attica monument upon which are inscribed the names of
17 employees who died as a result of the uprising and subsequent retaking.
18 § 4. This act shall take effect immediately and shall be deemed to
19 have been in full force and effect on and after April 1, 2005; provided,
20 however, that section two of this act shall expire and be deemed
21 repealed on July 1, 2011.
22 PART H
23 Section 1. Section 240 of the executive law is REPEALED.
24 § 2. Section 241 of the executive law is REPEALED.
25 § 3. Section 836 of the executive law is amended by adding a new
26 subdivision 7 to read as follows:
27 7. The functions, powers and duties of the former division of
28 probation and correctional alternatives as established in article twelve
29 of this chapter shall now be considered a function of the division of
30 criminal justice services. Any reference to the director of probation
31 and correctional alternatives or to the division of probation and
32 correctional alternatives in existing law shall now mean the commission-
33 er of the division of criminal justice services or the division of crim-
34 inal justice services, respectively.
35 § 4. Transfer of employees. Upon the transfer of the division of
36 probation and correctional alternatives pursuant to section three of
37 this act, division of probation and correctional alternatives employees
38 shall be transferred to the division of criminal justice services in
39 accordance with section 70 of the civil service law.
40 § 5. Transfer of records. All books, papers, and property of the divi-
41 sion of probation and correctional alternatives shall be delivered to
42 the commissioner of the division of criminal justice services. All
43 books, papers, and property of the division of probation and correction-
44 al alternatives shall continue to be maintained by the division of crim-
45 inal justice services.
46 § 6. Continuity of authority. For the purpose of succession of all
47 functions, powers, duties and obligations transferred and assigned to,
48 devolved upon and assumed by it pursuant to this act, the division of
49 criminal justice services shall be deemed and held to constitute the
50 continuation of the division of probation and correctional alternatives.
51 § 7. Completion of unfinished business. Any business or other matter
52 undertaken or commenced by the division of probation and correctional
53 alternatives or the director thereof pertaining to or connected with the
54 functions, powers, obligations and duties hereby transferred and
S. 990 23 A. 1920
1 assigned to the division of criminal justice services and pending on the
2 effective date of this act, may be conducted and completed by the divi-
3 sion of criminal justice services in the same manner and under the same
4 terms and conditions and with the same effect as if conducted and
5 completed by the division of probation and correctional alternatives.
6 § 8. Continuation of rules and regulations. All rules, regulations,
7 acts, orders, determinations, and decisions of the division of probation
8 and correctional alternatives pertaining to the functions and powers
9 herein transferred and assigned, in force at the time of such transfer
10 and assumption, shall continue in full force and effect as rules, regu-
11 lations, acts, orders, determinations and decisions of the division of
12 criminal justice services until duly modified or abrogated by the
13 commissioner of the division of criminal justice services.
14 § 9. Terms occurring in laws, contracts and other documents. Whenever
15 the division of probation and correctional alternatives or the director
16 thereof, is referred to or designated in any law, contract or document
17 pertaining to the functions, powers, obligations and duties hereby
18 transferred to and assigned to the division of criminal justice services
19 or the commissioner of the division of criminal justice services, such
20 reference or designation shall be deemed to refer to the division of
21 criminal justice services or commissioner of the division of criminal
22 justice services, as applicable.
23 § 10. Existing rights and remedies preserved. No existing right or
24 remedy of any character shall be lost, impaired or affected by any
25 provisions of this act.
26 § 11. Pending actions and proceedings. No action or proceeding pending
27 at the time when this act shall take effect, brought by or against the
28 division of probation and correctional alternatives or the director
29 thereof, shall be affected by any provision of this act, but the same
30 may be prosecuted or defended in the name of the commissioner of the
31 division of criminal justice services or the division of criminal
32 justice services. In all such actions and proceedings, the commissioner
33 of the division of criminal justice services, upon application of the
34 court, shall be substituted as a party.
35 § 12. Transfer of appropriations heretofore made. All appropriations
36 or reappropriations heretofore made to the division of probation and
37 correctional alternatives to the extent of remaining unexpended or unen-
38 cumbered balance thereof, whether allocated or unallocated and whether
39 obligated or unobligated, are hereby transferred to and made available
40 for use and expenditure by the division of criminal justice services
41 subject to the approval of the director of the budget for the same
42 purposes for which originally appropriated or reappropriated and shall
43 be payable on vouchers certified or approved by the commissioner of the
44 division of criminal justice services on audit and warrant of the comp-
45 troller.
46 § 13. Transfer of assets and liabilities. All assets and liabilities
47 of the division of probation and correctional alternatives are hereby
48 transferred to and assumed by the division of criminal justice services.
49 § 14. This act shall take effect immediately and shall be deemed to
50 have been in full force and effect on and after April 1, 2005.
REPEAL NOTE.--Executive Law § 240, proposed for repeal by this bill,
created the division of probation and correctional alternatives and
delineated its powers and duties.
Executive Law § 241, proposed for repeal by this bill, set forth the
organization of the division; officers and employees of the division of
probation and correctional alternatives.
S. 990 24 A. 1920
1 PART I
2 Section 1. Paragraphs (a) and (b) of subdivision 1 of section 169 of
3 the executive law, as amended by chapter 634 of the laws of 1998, are
4 amended to read as follows:
5 (a) commissioner of correctional services, commissioner of education,
6 commissioner of health, commissioner of mental health, commissioner of
7 mental retardation and developmental disabilities, commissioner of chil-
8 dren and family services, commissioner of temporary and disability
9 assistance, chancellor of the state university of New York, commissioner
10 of transportation, commissioner of environmental conservation, super-
11 intendent of state police, and commissioner of general services;
12 (b) commissioner of labor, chairman of public service commission,
13 [superintendent of state police,] commissioner of taxation and finance,
14 superintendent of banks, commissioner of criminal justice services,
15 superintendent of insurance, and commissioner of parks, recreation and
16 historic preservation;
17 § 2. This act shall take effect immediately and shall be deemed to
18 have been in full force and effect on and after April 1, 2005.
19 PART J
20 Section 1. Paragraph (b) of subdivision 3 of section 98-b of the state
21 finance law, as amended by section 1 of part H of chapter 56 of the laws
22 of 2004, is amended to read as follows:
23 (b) (i) Commencing on March thirty-first, two thousand five, moneys
24 from such fund shall first be made available, in the calendar year next
25 succeeding the calendar year in which collected, to reimburse the state
26 for payments, made in the previous calendar year, for assigned counsel
27 paid in accordance with section thirty-five of the judiciary law, up to
28 an annual sum of twenty-five million dollars.
29 (ii) Commencing with the payment on April first, two thousand five or
30 as soon thereafter as practicable, and subsequent quarterly payments
31 thereafter, moneys from such fund shall be available to reimburse the
32 state for providing funding for legal representation in periods and at
33 rates of compensation in effect after January first, two thousand four
34 in accordance with section thirty-five of the judiciary law, in an
35 amount equal to such funding provided during the preceding quarter, less
36 the amount of funding provided during that quarter in accordance with
37 such section at rates of compensation in effect immediately prior to
38 January first, two thousand four, up to but not exceeding six million
39 two hundred fifty thousand dollars per quarter.
40 § 2. This act shall take effect immediately and shall be deemed to
41 have been in full force and effect on and after April 1, 2005.
42 PART K
43 Section 1. Section 13 of chapter 989 of the laws of 1958, relating to
44 creating a temporary state commission of investigation, as amended by
45 chapter 95 of the laws of 2001, is amended to read as follows:
46 § 13. This act shall take effect May 1, 1958 and remain in effect
47 until September 1, [2005] 2011.
48 § 2. This act shall take effect immediately and shall be deemed to
49 have been in full force and effect on and after April 1, 2005.
50 PART L
S. 990 25 A. 1920
1 Section 1. Section 200 of the civil service law, as amended by chapter
2 24 of the laws of 1969, is amended to read as follows:
3 § 200. Statement of policy. The legislature of the state of New York
4 declares that it is the public policy of the state and the purpose of
5 this [act] article to promote harmonious and cooperative relationships
6 between government and its employees and to protect the public by assur-
7 ing, at all times, the orderly and uninterrupted operations and func-
8 tions of government. These policies are best effectuated by (a) grant-
9 ing to public employees the right of organization and representation,
10 (b) requiring the state, local governments and other political subdivi-
11 sions to negotiate with, and enter into written agreements with employee
12 organizations representing public employees which have been certified or
13 recognized, (c) encouraging such public employers and such employee
14 organizations to agree upon procedures for resolving disputes, (d)
15 creating a [public employment] state labor relations board to assist in
16 resolving disputes between public employees and public employers as
17 prescribed in this article, and between private sector employees and
18 employers as prescribed in article twenty of the labor law, (e) continu-
19 ing the prohibition against strikes by public employees and providing
20 remedies for violations of such prohibition, and (f) coordinating the
21 provision of public and private sector labor dispute resolution services
22 as provided in the civil service law and labor law by consolidating the
23 provision of such services in a single board.
24 § 2. Subdivision 1 of section 201 of the civil service law, as added
25 by chapter 392 of the laws of 1967, is amended to read as follows:
26 1. The term "board" means the [public employment] state labor
27 relations board created by section two hundred five of this article.
28 § 3. The section heading, subdivisions 1, 2, 3, 4, 6 and the opening
29 paragraph of subdivision 5 of section 205 of the civil service law, the
30 section heading, subdivision 2, the opening paragraph of subdivision 5,
31 and subdivision 6 as added by chapter 392 of the laws of 1967, subdivi-
32 sion 1 as amended by chapter 391 of the laws of 1969, subdivision 3 as
33 amended by chapter 307 of the laws of 1979, subdivision 4 as amended by
34 chapter 503 of the laws of 1971, are amended and subdivision 5 is
35 amended by adding a new paragraph (m) to read as follows:
36 [Public employment] State labor relations board. 1. There is hereby
37 created in the state department of civil service a board, formerly known
38 as the public employment relations board, to be hereafter known as the
39 [public employment] state labor relations board, which shall consist of
40 [three] five members, three of whom shall be appointed by the governor,
41 by and with the advice and consent of the senate, one who shall be
42 appointed by the governor upon the recommendation of the majority leader
43 of the senate and one who shall be appointed by the governor upon the
44 recommendation of the speaker of the Assembly, from persons represen-
45 tative of the public. Not more than [two] three members of the board
46 shall be members of the same political party. No member of the board
47 shall accept employment as a labor or management advocate. Each member
48 shall be appointed for a term of six years[, except that of the members
49 first appointed, one shall be appointed for a term to expire on May
50 thirty-first, nineteen hundred sixty-nine, one for a term to expire on
51 May thirty-first, nineteen hundred seventy-one, and one for a term to
52 expire on May thirty-first, nineteen hundred seventy-three]. The gover-
53 nor shall designate one member who shall serve as [chairman] chairperson
54 of the board until the expiration of his or her term. A member appointed
55 to fill a vacancy shall be appointed for the unexpired term of the
56 member whom he or she is to succeed. The members of the public employ-
S. 990 26 A. 1920
1 ment relations board, in office on the effective date of the chapter of
2 the laws of two thousand five that added this sentence, shall continue
3 to serve as members of the state labor relations board until the expira-
4 tion of their respective terms of office.
5 2. Members of the board shall hold no other public office or public
6 employment in the state. The [chairman] chairperson shall give his or
7 her whole time to his or her duties.
8 3. Members of the board other than the [chairman] chairperson shall,
9 when performing the work of the board, be compensated at [the] a per
10 diem rate of [two hundred and fifty dollars per day] .0038 of the annual
11 salary of the chairperson, together with an allowance for actual and
12 necessary expenses incurred in the discharge of their duties hereunder.
13 The [chairman] chairperson shall receive an annual salary to be fixed
14 within the amount available therefor by appropriation, in addition to an
15 allowance for expenses actually and necessarily incurred by him or her
16 in the performance of his or her duties.
17 4. (a) The board may appoint an executive director and such other
18 persons, including but not limited to attorneys, mediators, trial exam-
19 iners, directors for local or program areas, members of fact-finding
20 boards and representatives of employee organizations and public employ-
21 ers to serve as technical advisers to such fact-finding boards, as it
22 may from time to time deem necessary for the performance of its func-
23 tions, prescribe their duties, fix their compensation and provide for
24 reimbursement of their expenses within the amounts made available there-
25 for by appropriation. Attorneys appointed under this section may, at the
26 direction of the board, appear for and represent the board in any case
27 in court.
28 (b) No member of the board or its appointees pursuant to this subdivi-
29 sion, including without limitation any mediator or fact-finder employed
30 or retained by the board, shall, except as required by this article, be
31 compelled to nor shall he or she voluntarily disclose to any administra-
32 tive or judicial tribunal or at the legislative hearing, held pursuant
33 to subparagraph (iii) of paragraph (e) of subdivision three of section
34 two hundred nine of this article, any information relating to the resol-
35 ution of a particular dispute in the course of collective negotiations
36 acquired in the course of his or her official activities under this
37 article, nor shall any reports, minutes, written communications, or
38 other documents pertaining to such information and acquired in the
39 course of his or her official activities under this article be subject
40 to subpoena or voluntarily disclosed; except that where the information
41 so required indicates that the person appearing or who has appeared
42 before the board has been the victim of, or otherwise involved in, a
43 crime, other than a criminal contempt in a case involving or growing out
44 of a violation of this article, said members of the board and its
45 appointees may be required to testify fully in relation thereto upon any
46 examination, trial, or other proceeding in which the commission of such
47 crime is the subject of inquiry.
48 In addition to the powers and functions provided in other sections of
49 this article and article twenty of the labor law, the board shall have
50 the following powers and functions:
51 (m) To coordinate the administration and oversight of labor practices
52 and labor relations dispute resolution activities for public and private
53 sector employees and employers as provided for in this article and in
54 article twenty of the labor law.
55 6. Notwithstanding any other provisions of law, neither the [president
56 of the civil service commission] commissioners of the civil service
S. 990 27 A. 1920
1 department nor the state department of labor, or the civil service
2 commission or any other officer, employer, board or agency of the
3 [department] departments of civil service or labor shall supervise,
4 direct or control the board in the performance of any of its functions
5 or the exercise of any of its powers under this article; provided,
6 however, that nothing herein shall be construed to exempt employees of
7 the board from the provisions of the civil service law.
8 § 4. Subdivision 1 of section 154-c of the civil service law, as added
9 by chapter 306 of the laws of 1985, is amended to read as follows:
10 1. The term "managerial or confidential employee" as used in this
11 section shall mean a full-time employee or officer in the executive
12 branch of the state whose position is designated managerial or confiden-
13 tial pursuant to article fourteen of this chapter, civilian state
14 employees of the division of military and naval affairs in the executive
15 department whose positions are not in, or are excluded from represen-
16 tation rights in, any recognized or certified negotiating unit, officers
17 and employees excluded from representation rights under article fourteen
18 of this chapter pursuant to rules and regulations of the [public employ-
19 ment] state labor relations board, officers and employees whose salaries
20 are prescribed by section nineteen of the correction law, officers and
21 employees whose salaries are provided for by paragraph (a) of subdivi-
22 sion one of section two hundred fifteen of the executive law, and
23 employees in positions in the professional service in the state univer-
24 sity which are designated, stipulated or excluded from negotiating units
25 as managerial or confidential as defined pursuant to article fourteen of
26 this chapter.
27 § 5. Paragraph a of subdivision 2 of section 159 of the civil service
28 law, as amended by chapter 1028 of the laws of 1981, is amended to read
29 as follows:
30 a. The benefits provided thereby shall be available to all state offi-
31 cers and employees in the executive branch whose positions are desig-
32 nated managerial or confidential pursuant to article fourteen of this
33 chapter and all state officers and employees excluded from represen-
34 tation rights under this chapter pursuant to rules and regulations of
35 the [public employment] state labor relations board, subject to reason-
36 able underwriting restrictions of the selected insurers;
37 § 6. Paragraph (d) of subdivision 3 of section 209 of the civil
38 service law, as amended by chapter 216 of the laws of 1977, is amended
39 to read as follows:
40 (d) in the event that the findings of fact and recommendations are
41 made public by a fact-finding board appointed by the board or estab-
42 lished pursuant to procedures agreed upon by the parties under subdivi-
43 sion two of this section, and the impasse continues, the [public employ-
44 ment] state labor relations board shall have the power to take whatever
45 steps it deems appropriate to resolve the dispute, including (i) the
46 making of recommendations after giving due consideration to the findings
47 of fact and recommendations of such fact-finding board, but no further
48 fact-finding board shall be appointed and (ii) upon the request of the
49 parties, assistance in providing for voluntary arbitration;
50 § 7. Subdivision 9 of section 701 of the labor law, as amended by
51 chapter 166 of the laws of 1991, is amended to read as follows:
52 9. The term "board" means the [employment] state labor relations board
53 created by section [seven hundred two of this article] two hundred five
54 of the civil service law.
55 § 8. Section 702 of the labor law is REPEALED.
S. 990 28 A. 1920
1 § 9. The labor law is amended by adding a new section 717-a to read as
2 follows:
3 § 717-a. Employment relations board abolished. The New York state
4 employment relations board created by former section seven hundred two
5 of this article is hereby abolished and the term of any member thereof
6 not already in hold over status hereby expires with the enactment of
7 this section.
8 § 10. Paragraph (c) of subdivision 1 of section 169 of the executive
9 law, as amended by chapter 634 of the laws of 1998, is amended to read
10 as follows:
11 (c) commissioner of agriculture and markets, commissioner of alcohol-
12 ism and substance abuse services, adjutant general, commissioner and
13 president of state civil service commission, commissioner of economic
14 development, chair of the energy research and development authority,
15 executive director of the board of real property services, president of
16 higher education services corporation, commissioner of motor vehicles,
17 member-chair of board of parole, director of probation and correctional
18 alternatives, chair of [public employment] the state labor relations
19 board, secretary of state, chair of the state racing and wagering board,
20 commissioner of alcoholism and substance abuse services, executive
21 director of the housing finance agency, commissioner of housing and
22 community renewal, executive director of state insurance fund, commis-
23 sioner-chair of state liquor authority, chair of the workers' compen-
24 sation board;
25 § 11. Paragraph (e) of subdivision 1 of section 169 of the executive
26 law, as amended by chapter 437 of the laws of 1995, is amended to read
27 as follows:
28 (e) chairman of state athletic commission, chairman and executive
29 director of consumer protection board, member-chairman of crime victims
30 board, chairman of human rights appeal board, chairman of the industrial
31 board of appeals, [chairman of the employment relations board,] chairman
32 of the state commission of correction, members of the board of parole,
33 members of the state racing and wagering board, member-chairman of unem-
34 ployment insurance appeal board, director of veterans' affairs, and
35 vice-chairman of the workers' compensation board;
36 § 12. Subdivision b of section 229 of the executive law, as added by
37 chapter 336 of the laws of 1969, is amended to read as follows:
38 b. The said review panel shall consist of three persons who shall be
39 selected as follows. One person shall be selected by the superintendent.
40 One person shall be selected by the employee organization recognized or
41 certified to represent the member pursuant to the provisions of article
42 fourteen of the civil service law. The third person shall be selected by
43 the other two or, if they cannot agree, he or she shall be selected by
44 the chair of the [public employment] state labor relations board. Each
45 of the three persons so selected shall be appointed by the superinten-
46 dent and shall hold office until a successor has been selected and
47 appointed.
48 § 13. Subdivision 12-f of section 8 of the state finance law, as
49 amended by chapter 732 of the laws of 1988, is amended to read as
50 follows:
51 12-f. Notwithstanding any inconsistent provision of the court of
52 claims act, examine, audit and certify for payment of any claim submit-
53 ted and approved by the head of the state department or agency for
54 personal property of an officer or employee, whose position is desig-
55 nated managerial or confidential pursuant to article fourteen of the
56 civil service law, and of civilian state employees of the division of
S. 990 29 A. 1920
1 military and naval affairs in the executive department whose positions
2 are not in, or are excluded from representation rights in, any recog-
3 nized or certified negotiating unit, and of officers and employees
4 excluded from representation rights under article fourteen of the civil
5 service law pursuant to rules and regulations of the [public employment]
6 state labor relations board, damaged or destroyed in the actual perform-
7 ance of official duties without fault or negligence of the officer or
8 employee other than a claim specified and covered by subdivision twelve
9 or twelve-d of this section after March thirty-first, nineteen hundred
10 eighty-eight. Payment of such claim shall not exceed the sum of three
11 hundred fifty dollars. Such payments for claims not in excess of seven-
12 ty-five dollars may be made from a petty cash account established pursu-
13 ant to section one hundred fifteen of this chapter and in the manner
14 prescribed therein and pursuant to regulations of the comptroller. No
15 person submitting a claim under this subdivision shall have any claim
16 for damages to such personal property approved pursuant to the provision
17 of subdivision four of section five hundred thirty of the labor law or
18 any other applicable provision of law.
19 § 14. Subdivisions 3, 11 and 13 of section 201 of the state finance
20 law, subdivisions 3 and 13 as amended by chapter 233 of the laws of 1992
21 and subdivision 11 as added by chapter 421 of the laws of 1990, are
22 amended to read as follows:
23 3. The comptroller is hereby authorized to deduct from the salary of
24 any employee of the state in the executive branch whose position is
25 designated managerial or confidential pursuant to article fourteen of
26 the civil service law, employees covered by section nineteen of the
27 correction law, employees in the professional service in the state
28 university which are designated, stipulated or excluded from negotiating
29 units as managerial or confidential as defined pursuant to article four-
30 teen of the civil service law, employees covered by paragraph (a) of
31 subdivision one of section two hundred fifteen of the executive law or
32 in the division of military and naval affairs of the executive depart-
33 ment or excluded from representation rights under article fourteen of
34 the civil service law pursuant to rules or regulations of the [public
35 employment] state labor relations board, judges and justices of the
36 unified court system and nonjudicial employees thereof not in collective
37 negotiating units, such amount as such employee may specify in writing
38 filed in a manner determined by the comptroller for the payment of
39 insurance premiums for a group insurance plan, or a wholesale, franchise
40 or similar mass-marketed insurance policy or program and transmit
41 deductions so withheld to the insurance or other company, organization,
42 or agency issuing or administering said policy. Any such written author-
43 ization may be withdrawn by the employee at any time upon filing written
44 notice of such withdrawal in a manner determined by the comptroller, or
45 such deduction may be terminated on notice to the comptroller by the
46 insurance or other company, organization or agency in accordance with
47 the terms of the policy.
48 11. Notwithstanding any other inconsistent provision of law, the comp-
49 troller, after receipt of written directions of the director of employee
50 relations, is authorized to deduct from the salary of any employee of
51 the state in the executive branch whose position is designated manageri-
52 al or confidential pursuant to article fourteen of the civil service
53 law, employees covered by section nineteen of the correction law,
54 employees in the professional service in the state university which are
55 designated, stipulated or excluded from negotiating units as managerial
56 or confidential as defined pursuant to article fourteen of the civil
S. 990 30 A. 1920
1 service law, employees covered by paragraph (a) of subdivision one of
2 section two hundred fifteen of the executive law or in the division of
3 military and naval affairs of the executive department or excluded from
4 representation rights under article fourteen of the civil service law
5 pursuant to rules or regulations of the [public employment] state labor
6 relations board, employees of the legislature, judges and justices of
7 the unified court system and nonjudicial employees thereof not in
8 collective negotiating units, such amount as such employee may specify
9 in writing filed with the payroll officer of such employee's agency for
10 the payment of child care fees for services at child care centers desig-
11 nated by the director of employee relations and transmit deductions so
12 withheld to such designated child care center providing such services.
13 Any such written authorization may be withdrawn by the employee at any
14 time upon filing written notice of such withdrawal with the payroll
15 officer of such employee's agency, or such deduction may be terminated
16 on notice to the payroll officer of such employee's agency by the child
17 care center.
18 13. The comptroller is authorized to deduct from the salary of any
19 employee of the state in the legislative branch and any employee in the
20 executive or judicial branch whose position is designated managerial or
21 confidential pursuant to article fourteen of the civil service law, any
22 employee covered by section nineteen of the correction law, employees in
23 the professional service in the state university which are designated,
24 stipulated or excluded from negotiating units as managerial or confiden-
25 tial as defined pursuant to article fourteen of the civil service law,
26 employees covered by paragraph (a) of subdivision one of section two
27 hundred fifteen of the executive law or in the division of military and
28 naval affairs of the executive department or excluded from represen-
29 tation rights under article fourteen of the civil service law pursuant
30 to rules or regulations of the [public employment] state labor relations
31 board or any employee represented by an employee organization who elects
32 pursuant to an agreement entered into between the state and the employee
33 organization to participate in such state authorized individual retire-
34 ment plan such amount as such employee may specify in writing filed in a
35 manner determined by the comptroller for contribution to an authorized
36 individual retirement plan as determined pursuant to section two hundred
37 eight of this article and to transmit deductions so withheld to the
38 financial organization which operates such authorized individual retire-
39 ment plan. Any such written authorization may be withdrawn by the
40 employee at any time upon filing written notice of such withdrawal in a
41 manner determined by the comptroller or such deduction may be terminated
42 on notice to the comptroller by the financial organization in accordance
43 with the terms of such plan.
44 § 15. Subdivisions 1 and 2 of section 209-a of the state finance law,
45 as amended by chapter 138 of the laws of 1997, are amended to read as
46 follows:
47 1. Notwithstanding any other law, rule or regulation to the contrary,
48 where, and to the extent that, an agreement between the state or the New
49 York state canal corporation and an employee organization entered into
50 pursuant to article fourteen of the civil service law on behalf of
51 employees in a collective negotiating unit established pursuant to arti-
52 cle fourteen of the civil service law provides for the payment of a
53 supplement to the workers' compensation award, such supplement shall be
54 paid in accordance with such agreement. Officers and employees serving
55 in positions in the executive branch which are designated managerial or
56 confidential pursuant to article fourteen of the civil service law,
S. 990 31 A. 1920
1 civilian state employees of the division of military and naval affairs
2 of the executive department whose positions are not in, or are excluded
3 from representation rights in any recognized or certified negotiating
4 unit, those excluded from representation rights under article fourteen
5 of the civil service law pursuant to rules and regulations of the
6 [public employment] state labor relations board and officers and employ-
7 ees of the legislature shall receive a supplement to the workers'
8 compensation award provided, however, that officers and employees serv-
9 ing in positions in the executive branch which are designated managerial
10 or confidential pursuant to article fourteen of the civil service law,
11 civilian state employees of the division of military and naval affairs
12 of the executive department whose positions are not in, or are excluded
13 from representation rights in any recognized or certified negotiating
14 unit and those excluded from representation rights under article four-
15 teen of the civil service law pursuant to rules and regulations of the
16 [public employment] state labor relations board shall receive such
17 supplement only with respect to an absence resulting from an occupa-
18 tional injury or disease occurring on or before June thirtieth, nineteen
19 hundred ninety-two. Such supplement shall be paid in accordance with
20 rules and regulations to be promulgated by the president of the civil
21 service commission.
22 For the sole purpose of retirement credit, retirement contribution and
23 final average salary under the retirement and social security law, an
24 employee's compensation for the period during which he or she receives
25 such supplement and such award shall be deemed to be the full compen-
26 sation or salary such employee would have earned or been entitled to
27 receive had he or she not received the workers' compensation benefit
28 provided by such agreement. During the period of time an employee
29 receives payment of such supplement and workers' compensation award,
30 such employee shall be deemed on the payroll in full status for those
31 purposes provided for in such agreement.
32 2. Notwithstanding any other law, rule or regulation to the contrary,
33 where, and to the extent that, an agreement between the state or the New
34 York state canal corporation and an employee organization entered into
35 pursuant to article fourteen of the civil service law on behalf of
36 employees in a collective negotiating unit established pursuant to arti-
37 cle fourteen of the civil service law so provides, an employee placed on
38 an authorized leave without pay during the course of an absence result-
39 ing from an occupational injury or disease found to be compensable by
40 the workers' compensation board shall be deemed to be on the payroll at
41 such employee's prevailing rate of annual compensation for the purpose
42 of retirement credit and employer contributions to the retirement
43 system. Officers and employees serving in positions in the executive
44 branch which are designated managerial or confidential pursuant to arti-
45 cle fourteen of the civil service law, civilian state employees of the
46 division of military and naval affairs of the executive department whose
47 positions are not in, or are excluded from representation rights in any
48 recognized or certified negotiating unit and those excluded from repre-
49 sentation rights under article fourteen of the civil service law pursu-
50 ant to rules and regulations of the [public employment] state labor
51 relations board who are placed on an authorized leave without pay during
52 the course of an absence resulting from an occupational injury or
53 disease found to be compensable by the workers' compensation board
54 occurring on or after July first, nineteen hundred ninety-two, shall be
55 deemed to be on the payroll at such officer's or employee's prevailing
56 rate of compensation for the purpose of retirement credit and employer
S. 990 32 A. 1920
1 contributions to the retirement system. Any employee contribution relat-
2 ing to the retirement credit provided by this subdivision shall be paid
3 directly by such employee to the retirement system pursuant to the rules
4 and regulations of the comptroller. The retirement credit provided by
5 this subdivision shall only apply to a period of authorized leave with-
6 out pay occurring during the first twelve months of absence related to
7 such occupational injury or disease.
8 § 16. Subdivision 2 of section 209-b of the state finance law, as
9 added by chapter 315 of the laws of 1995, is amended to read as follows:
10 2. Notwithstanding any other law, rule or regulation to the contrary,
11 officers and employees serving in positions in the executive branch
12 which are designated managerial or confidential pursuant to article
13 fourteen of the civil service law, civilian state employees of the divi-
14 sion of military and naval affairs of the executive department whose
15 positions are not in, or are excluded from representation rights in any
16 recognized or certified negotiating unit and those excluded from repre-
17 sentation rights under article fourteen of the civil service law pursu-
18 ant to rules and regulations of the [public employment] state labor
19 relations board whose permanent positions in the competitive, non-com-
20 petitive or labor classes are abolished as a consequence of the state
21 contracting for goods and services may receive a severance benefit in
22 the form of a lump sum payment or an educational stipend. Such severance
23 benefit shall be paid in accordance with rules and regulations to be
24 promulgated by the president of the civil service commission. A sever-
25 ance benefit in the form of a lump sum payment shall be repaid to the
26 state under the circumstances and in the manner specified by such rules
27 and regulations.
28 § 17. Subdivision 2 of section 1226-k of the public authorities law,
29 as added by chapter 647 of the laws of 1994, is amended to read as
30 follows:
31 2. A transferred employee shall remain in the same collective bargain-
32 ing unit as was the case prior to his or her transfer; successor employ-
33 ees to the positions held by such transferred employees shall, consist-
34 ent with the provisions of article fourteen of the civil service law, be
35 included in the same unit as their predecessors. Employees serving in
36 positions in newly created titles shall be assigned to the same collec-
37 tive bargaining unit as they would have been assigned to such unit were
38 such titles created prior to the establishment of the authority. Nothing
39 contained in this title shall be construed (a) to diminish the rights of
40 employees pursuant to a collective bargaining agreement or (b) to affect
41 existing law with respect to an application to the [public employment]
42 state labor relations board seeking a designation by the board that
43 certain persons are managerial or confidential.
44 § 18. Subdivision 2 of section 1699-i of the public authorities law,
45 as added by chapter 83 of the laws of 1995, is amended to read as
46 follows:
47 2. A transferred employee shall remain in the same collective bargain-
48 ing unit as was the case prior to his or her transfer; successor employ-
49 ees to the positions held by such transferred employees shall, consist-
50 ent with the provisions of article fourteen of the civil service law, be
51 included in the same unit as their predecessors. Employees, other than
52 managerial or confidential persons (as defined in article fourteen of
53 the civil service law), serving in positions in newly created titles
54 shall be assigned to the appropriate bargaining unit. Nothing contained
55 herein shall be construed to affect: (a) the rights of employees pursu-
56 ant to a collective bargaining agreement; (b) the representational
S. 990 33 A. 1920
1 relationships among employee organizations or the bargaining relation-
2 ships between the state and an employee organization; or (c) existing
3 law with respect to an application to the [public employment] state
4 labor relations board, provided, however, that the merger of such nego-
5 tiating units of employees shall be effected only with the consent of
6 the recognized and certified representatives of such units and of the
7 authority.
8 § 19. Subdivision 1 of section 1739 of the public authorities law, as
9 added by chapter 738 of the laws of 1988, is amended to read as follows:
10 1. For the purpose of article fourteen of the civil service law, the
11 authority shall be deemed to be the public employer and as such shall
12 negotiate with and enter into written agreements with employee organiza-
13 tions representing the staff of the authority that have been certified
14 or recognized under such article. In carrying on such negotiations, the
15 authority shall consult with and seek assistance from the office of
16 labor relations and collective bargaining of the city board and the New
17 York city office of municipal labor relations. The state [public employ-
18 ment] labor relations board shall have exclusive jurisdiction for the
19 purpose of administering the provisions of such article and the
20 provisions of section two hundred twelve of such article shall not be
21 applicable to any such negotiations.
22 § 20. Paragraph b of subdivision 4 of section 1739 of the public
23 authorities law, as added by chapter 738 of the laws of 1988, is amended
24 to read as follows:
25 b. Any such titles for which terms and conditions are bargained pursu-
26 ant to paragraph a of this subdivision shall be deemed to be successor
27 titles within the meaning of applicable law and, so long as the respon-
28 sibilities of employees in these titles are reasonably related to the
29 responsibilities of employees currently represented by a public employee
30 organization, shall be accreted to the appropriate bargaining certif-
31 icates for which such public employee organization shall be voluntarily
32 recognized as the bargaining agent under procedures acceptable to the
33 state [public employment] labor relations board.
34 § 21. Subdivision 2 of section 2755 of the public authorities law, as
35 added by chapter 663 of the laws of 1989, is amended to read as follows:
36 2. A transferred employee shall remain in the same collective bargain-
37 ing unit as was the case prior to his or her transfer; successor employ-
38 ees to the positions held by such transferred employees shall, consist-
39 ent with the provisions of article fourteen of the civil service law, be
40 included in the same unit as their predecessors. Employees serving in
41 positions in newly created titles shall be assigned to such same collec-
42 tive bargaining unit if they would have been assigned to such unit were
43 such titles created prior to the establishment of the authority. Nothing
44 contained in this title shall be construed to diminish (a) the rights of
45 employees pursuant to a collective bargaining agreement or (b) to affect
46 existing law with respect to an application to the [public employment]
47 state labor relations board seeking a designation by the board that
48 certain persons are managerial or confidential.
49 § 22. Subdivision 2 of section 2781 of the public authorities law, as
50 added by chapter 686 of the laws of 1993, is amended to read as follows:
51 2. A transferred employee shall remain in the same collective bargain-
52 ing unit as was the case prior to his or her transfer; successor employ-
53 ees to the positions held by such transferred employees shall, consist-
54 ent with the provisions of article fourteen of the civil service law, be
55 included in the same unit as their predecessors. Employees serving in
56 positions in newly created titles shall be assigned to the same collec-
S. 990 34 A. 1920
1 tive bargaining unit as they would have been assigned to such unit were
2 such titles created prior to the establishment of the authority. Nothing
3 contained in this title shall be construed (a) to diminish the rights of
4 employees pursuant to a collective bargaining agreement or (b) to affect
5 existing law with respect to an application to the [public employment]
6 state labor relations board seeking a designation by the board that
7 certain persons are managerial or confidential.
8 § 23. Subdivision 3 of section 3246 of the public authorities law, as
9 added by chapter 220 of the laws of 1990, is amended to read as follows:
10 3. A transferred employee shall remain in the same collective bargain-
11 ing unit as was the case prior to his or her transfer; successor employ-
12 ees to the positions held by such transferred employees shall, consist-
13 ent with the provisions of article fourteen of the civil service law, be
14 included in the same unit as their predecessors. Employees serving in
15 positions in newly created titles shall be assigned to such same collec-
16 tive bargaining unit if they would have been assigned to such unit were
17 such titles created prior to the establishment of the corporation. Noth-
18 ing contained in this title shall be construed to diminish (a) the
19 rights of employees pursuant to a collective bargaining agreement or (b)
20 to affect existing law with respect to an application to the [public
21 employment] state labor relations board seeking a designation by the
22 board that certain persons are managerial or confidential.
23 § 24. Section 473 of the retirement and social security law, as added
24 by chapter 382 of the laws of 1973, is amended to read as follows:
25 § 473. Impasses in coalition negotiations. (a) In the event of an
26 impasse occurring during the course of coalition negotiations either the
27 employer coalition or the employee organization coalition may declare
28 impasse no earlier than September fifteenth or later than October first
29 in any year. Notice of impasse shall be filed with the [public employ-
30 ment] state labor relations board created pursuant to article fourteen
31 of the civil service law, as amended.
32 (b) Forthwith after receipt of the notice of impasse the [public
33 employment] state labor relations board shall appoint a fact finding
34 board of not more than three members, each representative of the public,
35 from a list of qualified persons maintained by the board, which fact
36 finding board shall have, in addition to the powers delegated to it by
37 the [public employment] state labor relations board, the power to make
38 public recommendations for the resolution of the dispute.
39 (c) If the dispute is not resolved by November fifteenth prior to the
40 legislative session at which implementation of any changes described by
41 the former section four hundred seventy-one of this article will be
42 sought, the fact finding board shall transmit its findings of fact and
43 recommendations to the coalition parties and to the [public employment]
44 state labor relations board.
45 (d) In the event either of the coalition parties to the impasse does
46 not accept the recommendations of the fact finding board, such coalition
47 party may submit its position with respect to such recommendations of
48 the fact finding board to the [public employment] state labor relations
49 board and to the other coalition party to the impasse.
50 (e) The [public employment] state labor relations board shall cause
51 such recommendation of the fact finding board and the positions of the
52 parties to be made public prior to December first and shall hold public
53 hearings thereon. In addition to the powers vested in the [public
54 employment] state labor relations board by law, it may require the
55 assistance of representatives of any public retirement system or any
56 public employer or employee organization as defined in article fourteen
S. 990 35 A. 1920
1 of the civil service law and may request or permit, in its discretion,
2 the testimony of any person or organization whose testimony would assist
3 in the resolution of the dispute in the public interest.
4 (f) On or before January fifteenth following such notice of impasse or
5 thirty days following the close of such hearings whichever first occurs,
6 the [public employment] state labor relations board shall present its
7 recommendations with respect to the impasse to the governor, the legis-
8 lature and the parties to the impasse.
9 (g) The legislature or a duly authorized committee thereof shall
10 forthwith conduct a public hearing at which the parties shall be
11 required to explain their positions with respect to the issues and the
12 recommendations of the fact finding board and the [public employment]
13 state labor relations board; thereafter, the legislature shall take such
14 action as it deems to be in the public interest, including the interest
15 of the public employees involved.
16 § 25. Paragraph a of subdivision 1 of section 656 of the retirement
17 and social security law, as added by chapter 75 of the laws of 1989, is
18 amended to read as follows:
19 a. The term "managerial/confidential employee" as used in this section
20 shall mean a full time employee or officer in the executive branch of
21 the state whose position has been designated managerial or confidential
22 pursuant to article fourteen of the civil service law, an employee
23 covered by section nineteen of the correction law, an employee in the
24 professional service in the state university who is designated, stipu-
25 lated or excluded from negotiating units as managerial or confidential
26 as defined pursuant to article fourteen of the civil service law, an
27 employee covered by paragraph (a) of subdivision one of section two
28 hundred fifteen of the executive law or who has been excluded from
29 representation rights under such article pursuant to rules and regu-
30 lations of the [public employment] state labor relations board, or who
31 is a civilian state employee of the division of military and naval
32 affairs in the executive department whose position is not in, or is
33 excluded from representation rights in, any recognized or certified
34 bargaining unit, and whose salary is paid directly by the state, judges
35 and justices of the unified court system and nonjudicial employees ther-
36 eof not in collective negotiating units. Managerial/confidential employ-
37 ees may be considered state employees for the purposes of section six
38 hundred fifty-five of this article provided, however, an employee shall
39 be eligible for the greater of the benefits afforded by this section or
40 section six hundred fifty-five of this article and shall in no event
41 receive benefits pursuant to both such sections.
42 § 26. Section 6208 of the education law, as added by chapter 305 of
43 the laws of 1979, is amended to read as follows:
44 § 6208. Collective negotiation. For the purposes of article fourteen
45 of the civil service law, the city university of New York shall be
46 deemed to be the public employer and as such shall negotiate with and
47 enter into written agreements with employee organizations representing
48 the instructional staff and non-instructional staff of the senior
49 colleges and community colleges of such university that have been certi-
50 fied or recognized under such article. For purposes of such article,
51 the chancellor of the city university shall be deemed to be the chief
52 executive officer, the chief legal officer of the city university shall
53 be chief legal officer, and the legislature of the state of New York
54 shall be deemed to be the legislative body of the government. In carry-
55 ing on such negotiations, the city university of New York shall consult
56 with and seek assistance from the state office of employee relations and
S. 990 36 A. 1920
1 the New York city office of municipal labor relations. The state [public
2 employment] labor relations board shall have exclusive jurisdiction for
3 the purpose of administering the provisions of such article and the
4 provisions of section two hundred twelve of such article shall not be
5 applicable to any such negotiations.
6 § 27. Paragraph e of subdivision 5-a of section 6306 of the education
7 law, as added by chapter 689 of the laws of 2003, is amended to read as
8 follows:
9 e. Nothing contained in this section shall be construed to: (i) alter
10 any existing collective bargaining agreement; (ii) diminish the rights
11 of employees pursuant to an existing collective bargaining agreement;
12 (iii) affect existing law with respect to an application to the [public
13 employment] state labor relations board seeking designation by the board
14 that certain persons are managerial or confidential; or (iv) alter or
15 restrict the power of a county or community college sponsor or employee
16 organization to negotiate with respect to an alternate method of
17 appointment or promotion of security officers.
18 § 28. Subdivision 12 of section 6310 of the education law, as added by
19 chapter 552 of the laws of 1984, is amended to read as follows:
20 12. For the purposes of article fourteen of the civil service law, the
21 community college regional board of trustees shall be deemed to be the
22 public employer and as such shall negotiate with and enter into written
23 agreements with employee organizations representing the instructional
24 staff and non-instructional staff of the community colleges that have
25 been certified or recognized under such article. For purposes of such
26 article, the president of the community college shall be deemed to be
27 the chief executive officer, the chief legal officer of the community
28 college shall be chief legal officer, and the community college regional
29 board of trustees shall be deemed to be the legislative body of the
30 government. The state [public employment] labor relations board shall
31 have exclusive jurisdiction for the purpose of administering the
32 provisions of such article.
33 § 29. Subdivision 7 of section 39 of the judiciary law, as added by
34 chapter 966 of the laws of 1976 and such section as renumbered by chap-
35 ter 156 of the laws of 1978, is amended to read as follows:
36 7. Upon the termination of the period of unchallenged representation
37 of any employee organization certified or recognized to represent
38 employees of the courts or court related agencies of the unified court
39 system, petitions may be filed with the [public employment] state labor
40 relations board to alter negotiating units in accordance with the stand-
41 ards set forth in section two hundred seven of the civil service law;
42 provided, however, that such board shall not alter any such negotiating
43 unit comprised exclusively of such employees or that part of any other
44 negotiating unit comprised of such employees. The provisions of this
45 subdivision shall be applicable in any case in which the negotiating
46 unit is so defined on the effective date of this subdivision in accord-
47 ance with the provisions of either section two hundred seven or section
48 two hundred twelve of the civil service law, as the case may be. Nothing
49 herein shall preclude the merger of negotiating units of such employees
50 with the consent of the administrative board of the judicial conference
51 and the recognized or certified representatives of the negotiating units
52 involved.
53 § 30. Subdivision (a) of section 12 of the executive law, as added by
54 section 2 of part B of chapter 383 of the laws of 2001, is amended to
55 read as follows:
S. 990 37 A. 1920
1 (a) Notwithstanding any other law, the state, through the governor,
2 may execute a tribal-state compact with the Seneca Nation of Indians
3 pursuant to the Indian Gaming Regulatory Act of 1988 (P.L. 100-497; 25
4 U.S.C. §§§§ 2701-2721 and 18 U.S.C. §§§§ 1166-1168) consistent with a
5 memorandum of understanding between the governor and the president of
6 the Seneca Nation of Indians executed on June twentieth, two thousand
7 one and filed with the department of state on June twenty-first, two
8 thousand one. Such tribal-state compact shall be deemed ratified by the
9 legislature upon the governor's certification to the temporary president
10 of the senate, the speaker of the assembly, and the secretary of state,
11 that such compact, through its terms, by a memorandum of understanding
12 or other agreement between the state and Nation, by a Nation's ordinance
13 or resolution, by statute, by executive order, or by the terms of any
14 other agreement entered into by or on behalf of the Nation, provides:
15 (i) assurances that the Nation will provide (1) reasonable access to the
16 gaming and related facilities to labor union organizers for purposes of
17 a campaign to solicit employee support for labor union representation;
18 (2) permission for labor union organizers to distribute labor union
19 authorization cards on site for the purpose of soliciting employee
20 support for labor union representation; and (3) recognition of labor
21 unions as the exclusive collective bargaining representatives of employ-
22 ees in appropriate bargaining units based upon a demonstration of major-
23 ity employee support of such labor unions by union authorization card
24 check as verified, if necessary, by an independent arbitrator appointed
25 by the [State Employment] State Labor Relations Board in consultation
26 with the Nation and the labor union; (ii) assurances that the Nation has
27 an adequate civil recovery system which guarantees fundamental due proc-
28 ess to visitors and guests of the facility and related facilities; and
29 (iii) assurances that the Nation will maintain during the term of the
30 compact sufficient liability insurance to assure that visitors and
31 guests will be compensated for their injuries.
32 § 31. Paragraph (c) of subdivision 2 of section 3304 of the public
33 authorities law, as added by chapter 11 of the laws of 1997, is amended
34 to read as follows:
35 (c) existing law with respect to an application to the [public employ-
36 ment] state labor relations board seeking designation by the board that
37 certain persons are managerial or confidential. Nothing herein shall
38 preclude the merger of negotiating units of employees with the consent
39 of the recognized or certified representatives of such units.
40 § 32. Paragraph (b) of subdivision 6 of section 279-d of the county
41 law, as added by chapter 93 of the laws of 2001, is amended to read as
42 follows:
43 (b) Northern Westchester joint water works shall be subject to the
44 civil service law. Northern Westchester joint water works shall recog-
45 nize the existing certified or recognized employee organizations for
46 those persons who become employees of the Northern Westchester joint
47 water works pursuant to this section as the exclusive collective
48 bargaining representatives for such employees, who shall comprise corre-
49 spondingly new collective bargaining units. Northern Westchester joint
50 water works shall be bound by all existing collective bargaining agree-
51 ments with such employee organizations; all existing terms and condi-
52 tions of employment shall remain in effect until altered by the terms of
53 a successor contract; successor employees to the positions held by such
54 employees shall, consistent with the provisions of article fourteen of
55 the civil service law, be included in the same unit as their predeces-
56 sors. Employees serving in positions in newly created titles shall be
S. 990 38 A. 1920
1 assigned to the appropriate bargaining unit. Nothing contained herein
2 shall be construed to affect the rights of employees pursuant to a
3 collective bargaining agreement, the representational relationships
4 among employee organizations or the bargaining relationships between the
5 county, state and an employee organization, or existing law with respect
6 to an application to the [public employment] state labor relations board
7 seeking designation by the board that certain persons are managerial or
8 confidential. Nothing herein shall preclude the merger of negotiating
9 units of employees with the consent of the recognized or certified
10 representative of such units. The salary or compensation of any such
11 officer or employee after such transfer, shall be paid by Northern West-
12 chester joint water works. Northern Westchester joint water works shall,
13 upon transfer, acknowledge and give credit for all leave balances held
14 by such officers and employees on the date of transfer.
15 § 33. The opening paragraph of paragraph d of subdivision 1 of section
16 130 of the civil service law, as added by section 1 of part B of chapter
17 103 of the laws of 2004, is amended to read as follows:
18 Salary grades for positions in the competitive, non-competitive and
19 labor classes of the classified service of the state of New York desig-
20 nated managerial or confidential pursuant to article fourteen of this
21 chapter, civilian state employees of the division of military and naval
22 affairs of the executive department whose positions are not in, or are
23 excluded from representation rights in, any recognized or certified
24 negotiating unit, and those excluded from representation rights under
25 article fourteen of this chapter pursuant to rules or regulations of the
26 [public employment] state labor relations board shall be as follows on
27 the effective dates indicated:
28 § 34. Subdivision 3 of section 212 of the civil service law, as added
29 by chapter 641 of the laws of 1998, is amended to read as follows:
30 3. Notwithstanding any other provision of law to the contrary, the
31 resolution of disputes in the course of collective negotiations as
32 provided by section two hundred nine of this article shall apply to any
33 organized fire department, police force, or police department of any
34 government subject to either subdivision one or two of this section.
35 Provided, however, that a recognized or certified employee organization
36 may elect to continue dispute resolution procedures which existed on the
37 day prior to the effective date of this subdivision by notifying the
38 appropriate [public employment] state labor relations board in writing.
39 § 35. Subdivision 2 of section 905 of the public authorities law, as
40 added by chapter 605 of the laws of 1999, is amended to read as follows:
41 2. Nothing contained in this title shall be construed (a) to diminish
42 the rights of employees pursuant to a collective bargaining agreement or
43 (b) to affect existing law with respect to an application to the [public
44 employment] state labor relations board seeking a designation by the
45 board that certain persons are managerial or confidential.
46 § 36. Subdivision 2 of section 1147-h of the public authorities law,
47 as added by chapter 691 of the laws of 1995, is amended to read as
48 follows:
49 2. A transferred employee shall remain in the same collective bargain-
50 ing unit as was the case prior to his or her transfer; successor employ-
51 ees to the positions held by such transferred employees shall, consist-
52 ent with the provisions of article fourteen of the civil service law, be
53 included in the same unit as their predecessors. Employees serving in
54 positions in newly created titles shall be assigned to the same collec-
55 tive bargaining unit as they would have been assigned to such unit were
56 such titles created prior to the establishment of the authority. Nothing
S. 990 39 A. 1920
1 contained in this title shall be construed (a) to diminish the rights of
2 employees pursuant to a collective bargaining agreement or (b) to affect
3 existing law with respect to an application to the [public employment]
4 state labor relations board seeking a designation by the board that
5 certain persons are managerial or confidential.
6 § 37. Subdivision 2 of section 1199-gggg of the public authorities
7 law, as added by chapter 195 of the laws of 1995, is amended to read as
8 follows:
9 2. A transferred employee shall remain in the same collective bargain-
10 ing unit as was the case prior to his or her transfer; successor employ-
11 ees to the positions held by such transferred employees shall, consist-
12 ent with the provisions of article fourteen of the civil service law, be
13 included in the same unit as their predecessors. Employees serving in
14 positions in newly created titles shall be assigned to the same collec-
15 tive bargaining unit as they would have been assigned to such unit were
16 such titles created prior to the establishment of the authority. Nothing
17 contained in this title shall be construed (a) to diminish the rights of
18 employees pursuant to a collective bargaining agreement or (b) to affect
19 existing law with respect to an application to the [public employment]
20 state labor relations board seeking a designation by the board that
21 certain persons are managerial or confidential.
22 § 38. Subdivision 2 of section 1199-ffff of the public authorities
23 law, as added by chapter 411 of the laws of 1995, is amended to read as
24 follows:
25 2. A transferred employee shall remain in the same collective bargain-
26 ing unit as was the case prior to his or her transfer; successor employ-
27 ees to the positions held by such transferred employees shall, consist-
28 ent with the provisions of article fourteen of the civil service law, be
29 included in the same unit as their predecessors. Employees serving in
30 positions in newly created titles shall be assigned to the same collec-
31 tive bargaining unit as they would have been assigned to such unit were
32 such titles created prior to the establishment of the authority. Nothing
33 contained in this title shall be construed (a) to diminish the rights of
34 employees pursuant to a collective bargaining agreement or (b) to affect
35 existing law with respect to an application to the [public employment]
36 state labor relations board seeking a designation by the board that
37 certain persons are managerial or confidential.
38 § 39. Subdivision 2 of section 1230-l of the public authorities law,
39 as added by chapter 275 of the laws of 2002, is amended to read as
40 follows:
41 2. A transferred employee shall remain in the same collective bargain-
42 ing unit as was the case prior to his or her transfer; successor employ-
43 ees to the positions held by such transferred employees shall, consist-
44 ent with the provisions of article fourteen of the civil service law, be
45 included in the same unit as their predecessors. Employees serving in
46 positions in newly created titles shall be assigned to the same collec-
47 tive bargaining unit as they would have been assigned to such unit were
48 such titles created prior to the establishment of the water board.
49 Nothing contained in this title shall be construed (a) to diminish the
50 rights of employees pursuant to a collective bargaining agreement or (b)
51 to affect existing law with respect to an application to the [public
52 employment] state labor relations board seeking a designation by the
53 board that certain persons are managerial or confidential.
54 § 40. Subdivision 2 of section 1949-g of the public authorities law,
55 as added by chapter 130 of the laws of 1996, is amended to read as
56 follows:
S. 990 40 A. 1920
1 2. A transferred employee shall remain in the same collective bargain-
2 ing unit as was the case prior to his or her transfer; successor employ-
3 ees to the positions held by such transferred employees shall, consist-
4 ent with the provisions of article fourteen of the civil service law, be
5 included in the same unit as their predecessors. Employees serving in
6 positions in newly created titles shall be assigned to the same collec-
7 tive bargaining unit as they would have been assigned to such unit were
8 such titles created prior to the establishment of the authority. Nothing
9 contained in this title shall be construed (a) to diminish the rights of
10 employees pursuant to a collective bargaining agreement or (b) to affect
11 existing law with respect to an application to the [public employment]
12 state labor relations board seeking a designation by the board that
13 certain persons are managerial or confidential.
14 § 41. Subdivision 3 of section 2350-x of the public authorities law,
15 as added by chapter 200 of the laws of 1999, is amended to read as
16 follows:
17 3. A transferred employee shall remain in the same collective bargain-
18 ing unit as was the case prior to his or her transfer; successor employ-
19 ees to the positions held by such transferred employees shall, consist-
20 ent with the provisions of article fourteen of the civil service law, be
21 included in the same unit as their predecessors. Employees serving in
22 positions in newly created titles shall be assigned to the same collec-
23 tive bargaining unit as they would have been assigned to such unit were
24 such titles created prior to the establishment of the agency. Nothing
25 contained in this title shall be construed; (a) to diminish the rights
26 of employees pursuant to a collective bargaining agreement, or (b) to
27 affect existing law with respect to an application to the [public
28 employment] state labor relations board seeking a designation by the
29 board that certain persons are managerial or confidential.
30 § 42. Subdivision 2 of section 2581 of the public authorities law, as
31 added by chapter 545 of the laws of 2000, is amended to read as follows:
32 2. A transferred employee shall remain in the same collective bargain-
33 ing unit as was the case prior to his or her transfer; successor employ-
34 ees to the positions held by such transferred employees shall, consist-
35 ent with the provisions of article fourteen of the civil service law, be
36 included in the same unit as their predecessors. Employees serving in
37 positions in newly created titles shall be assigned to such same collec-
38 tive bargaining unit if they would have been assigned to such unit were
39 such titles created prior to the establishment of the authority. Noth-
40 ing contained in this title shall be construed to diminish (a) the
41 rights of employees pursuant to a collective bargaining agreement or (b)
42 to affect existing law with respect to an application to the [public
43 employment] state labor relations board seeking a designation by the
44 board that certain persons are managerial or confidential.
45 § 43. Subdivision 2 of section 2642-j of the public authorities law,
46 as added by chapter 75 of the laws of 2000, is amended to read as
47 follows:
48 2. Nothing contained in this title shall be construed (a) to diminish
49 the rights of employees pursuant to a collective bargaining agreement or
50 (b) to affect existing law with respect to an application to the [public
51 employment] state labor relations board seeking a designation by the
52 board that certain persons are managerial or confidential.
53 § 44. Subdivision 3 of section 2657 of the public authorities law, as
54 added by chapter 124 of the laws of 1998, is amended to read as follows:
55 3. A transferred employee shall remain in the same collective bargain-
56 ing unit as was the case prior to his or her transfer. Successor employ-
S. 990 41 A. 1920
1 ees to the positions held by such transferred employees shall, consist-
2 ent with the provisions of article fourteen of the civil service law, be
3 included in the same unit as their predecessors. Employees serving in
4 positions in newly created titles shall be assigned to the same collec-
5 tive bargaining unit as they would have been assigned to such unit were
6 such titles created prior to the establishment of the authority. Noth-
7 ing contained in this title shall be construed (a) to diminish the
8 rights of employees pursuant to a collective bargaining agreement or (b)
9 to affect existing law with respect to an application to the [public
10 employment] state labor relations board seeking a designation by the
11 board that certain persons are managerial or confidential.
12 § 45. Subdivision 2 of section 3304 of the public authorities law, as
13 added by chapter 11 of the laws of 1997, is amended to read as follows:
14 2. The corporation shall recognize the existing certified or recog-
15 nized employee organizations for those persons who become employees of
16 the Westchester County Medical Center pursuant to paragraph (a) or (b)
17 of subdivision one of this section as the exclusive collective bargain-
18 ing representatives for such employees, who shall comprise correspond-
19 ingly new collective bargaining units. The corporation shall be bound by
20 all existing collective bargaining agreements with such employee organ-
21 izations; all existing terms and conditions of employment shall remain
22 in effect until altered by the terms of a successor contract; successor
23 employees to the positions held by such employees shall, consistent with
24 the provisions of article fourteen of the civil service law, be included
25 in the same unit as their predecessors. Employees serving in positions
26 in newly created titles shall be assigned to the appropriate bargaining
27 unit. Nothing contained herein shall be construed to affect:
28 (a) the rights of employees pursuant to a collective bargaining agree-
29 ment;
30 (b) the representational relationships among employee organizations or
31 the bargaining relationships between the county, state and an employee
32 organization; or
33 (c) existing law with respect to an application to the [public employ-
34 ment] state labor relations board seeking designation by the board that
35 certain persons are managerial or confidential. Nothing herein shall
36 preclude the merger of negotiating units of employees with the consent
37 of the recognized or certified representatives of such units.
38 § 46. Subdivision 2 of section 3403 of the public authorities law, as
39 added by chapter 9 of the laws of 1997, and the opening paragraph as
40 amended by chapter 551 of the laws of 1998, is amended to read as
41 follows:
42 2. The corporation shall recognize the existing certified or recog-
43 nized employee organizations for those persons who become employees of
44 the Nassau Health Care Corporation pursuant to paragraph (a) or (b) of
45 subdivision one of this section as the exclusive collective bargaining
46 representatives for such employees, who shall remain in the existing
47 bargaining unit. The corporation shall be bound by all existing collec-
48 tive bargaining agreements with such employee organizations; all exist-
49 ing terms and conditions of employment shall remain in effect until
50 altered by the terms of a successor contract; successor employees to the
51 positions held by such employees shall, consistent with the provisions
52 of article fourteen of the civil service law, be included in the same
53 unit as their predecessors. Employees serving in positions in newly
54 created titles shall be assigned to the appropriate bargaining unit.
55 Nothing contained herein shall be construed to affect:
S. 990 42 A. 1920
1 (a) the rights of employees pursuant to a collective bargaining agree-
2 ment;
3 (b) the representational relationships among employee organizations or
4 the bargaining relationships between the county, state and an employee
5 organization; or
6 (c) existing law with respect to an application to the [public employ-
7 ment] state labor relations board seeking designation by the board that
8 certain persons are managerial or confidential. Nothing herein shall
9 preclude the merger of negotiating units of employees with the consent
10 of the recognized or certified representatives of such units.
11 § 47. Subdivision 1 of section 3558 of the public authorities law, as
12 added by chapter 5 of the laws of 1997, is amended to read as follows:
13 1. The employees of the corporation shall, for all purposes of article
14 fourteen of the civil service law, be deemed to be employees of the
15 state of New York and shall be employed within the current state of New
16 York bargaining unit designations of either the professional, scientific
17 and technical unit, the administration services unit, operational
18 services unit, institutional services unit or security services unit.
19 The governor's office of employee relations shall, for all purposes of
20 article fourteen of the civil service law, act as agent for the corpo-
21 ration, and shall, with respect to the corporation, have all the powers
22 and duties provided under sections six hundred fifty through six hundred
23 fifty-four of the executive law. Those persons who become employees of
24 the corporation pursuant to this subdivision [one of this section] or
25 who enter into the service of the corporation following the effective
26 date of the transfer shall retain their current bargaining unit desig-
27 nations in either the professional, scientific and technical services
28 unit, the administrative services unit, the institutional services unit,
29 the operational services unit, the security services unit or the securi-
30 ty supervisors unit of state employees. The corporation and the state
31 shall recognize the existing certified or recognized employee organiza-
32 tions for state employees as the exclusive collective bargaining repre-
33 sentatives for such employees.
34 Titles within collective bargaining units in existence prior to the
35 transfer of operations to the corporation shall remain in those units
36 and will not be altered by the [public employment] state labor relations
37 board without the consent of the corporation, the state and the recog-
38 nized or certified representatives of the negotiating units involved.
39 New titles created after the date of the transfer of operations to the
40 corporation will be placed in the appropriate unit of state employees
41 consistent with the provisions of article fourteen of the civil service
42 law.
43 § 48. Subdivision 2 of section 3629 of the public authorities law, as
44 added by chapter 143 of the laws of 2003, is amended to read as follows:
45 2. The employees of the corporation shall, for all purposes of article
46 fourteen of the civil service law, be deemed to be employees of the
47 county of Erie and shall be employed within the current county of Erie
48 bargaining unit designation. The county office of labor relations shall,
49 for all purposes of article fourteen of the civil service law, act as
50 agent for the corporation and shall, with respect to the corporation,
51 have all the powers and duties provided under article twenty-four of the
52 executive law. Those persons who become employees of the corporation
53 pursuant to subdivision one of this section or who enter into the
54 service of the corporation following the effective date of the transfer
55 shall retain their current bargaining unit designations. The corporation
56 and the county shall recognize the existing certified or recognized
S. 990 43 A. 1920
1 employee organizations for county employees as the exclusive collective
2 bargaining representatives for such employees.
3 Titles within collective bargaining units in existence prior to the
4 transfer of operations to the corporation shall remain in those units
5 and shall not be altered by the [public employment] state labor
6 relations board without the consent of the corporation, the county, and
7 the recognized or certified representatives of the negotiating units
8 involved. New titles created after the date of the transfer of oper-
9 ations to the corporation shall be placed in the appropriate unit of
10 county employees consistent with the provisions of article fourteen of
11 the civil service law.
12 § 49. Paragraph (d) of subdivision 1 of section 2855 of the education
13 law, as added by chapter 4 of the laws of 1998, is amended to read as
14 follows:
15 (d) When the [public employment] state labor relations board makes a
16 determination that the charter school demonstrates a practice and
17 pattern of egregious and intentional violations of subdivision one of
18 section two hundred nine-a of the civil service law involving interfer-
19 ence with or discrimination against employee rights under article four-
20 teen of the civil service law.
21 § 50. All powers, duties and functions heretofore conferred upon the
22 public employment relations board and state employment relations board
23 and the respective chairpersons thereof pursuant to article 14 of the
24 civil service law and article 20 of the labor law, respectively, shall
25 be transferred to and assumed by the state labor relations board and the
26 chairperson thereof.
27 § 51. Transfer of employees. Upon the transfer of the functions,
28 powers and duties of the public employment relations board and state
29 employment relations board pursuant to this act, the transfer of
30 affected employees shall be in accordance with section 70 of the civil
31 service law.
32 § 52. Transfer of records. The public employment relations board and
33 the state employment relations board shall deliver to the state labor
34 relations board all books, papers, records, and property of the respec-
35 tive boards pertaining to the functions herein transferred to the state
36 labor relations board pursuant to this act.
37 § 53. Continuity of authority. For the purpose of succession to all
38 functions, powers, duties and obligations transferred and assigned to,
39 devolved upon and assumed by it pursuant to this act, the state labor
40 relations board shall be deemed and held to constitute the continuation
41 of the public employment relations board and the state employment
42 relations board pertaining to the powers and functions herein trans-
43 ferred.
44 § 54. Completion of unfinished business. Any business or other matter
45 undertaken or commenced by the public employment relations board or the
46 state employment relations board pertaining to or connected with the
47 functions, powers, obligations and duties hereby transferred and
48 assigned to the state labor relations board, and pending on the effec-
49 tive date of this act may be conducted and completed by the state labor
50 relations board in the same manner and under the same terms and condi-
51 tions and with the same effect as if conducted and completed by the
52 former public employment relations board and state employment relations
53 board.
54 § 55. Continuance of rules and regulations. All rules, regulations,
55 acts, orders, determinations and decisions of the public employment
56 relations board and the state employment relations board pertaining to
S. 990 44 A. 1920
1 the functions and powers herein transferred and assigned to the state
2 labor relations board, in force at the time of such transfer, assign-
3 ment, assumption or devolution shall continue in force and effect as
4 rules, regulations, acts, orders, determinations and decisions of the
5 state labor relations board until duly modified or abrogated by the
6 board.
7 § 56. Terms occurring in laws, contracts and other documents. Whenever
8 the public employment relations board or the state employment relations
9 board is referred to or designated in any law, contract or documents
10 pertaining to the functions, powers, obligations and duties hereby
11 transferred and assigned to the state labor relations board, such refer-
12 ence or designation shall be deemed to refer to the state labor
13 relations board as created by this act.
14 § 57. Existing rights and remedies preserved. No existing right or
15 remedy of any character shall be lost, impaired or affected by reason of
16 this act.
17 § 58. Pending actions and proceedings. No action or proceeding pending
18 at the time when this act shall take effect, brought by or against the
19 public employment relations board or the state employment relations
20 board relating to the function, power or duty transferred to or devolved
21 upon the state labor relations board shall be affected by this act, but
22 the same may be prosecuted or defended in the name of the board, and
23 upon application to the court, the board shall be substituted as a
24 party.
25 § 59. Transfer of appropriations heretofore made to the public employ-
26 ment relations board and the state employment relations board. All
27 appropriations or reappropriations for the functions herein transferred
28 heretofore made to the public employment relations board or the depart-
29 ment of labor on behalf of the state employment relations board, or
30 segregated pursuant to law, to the extent of remaining unexpended or
31 unencumbered balances thereof, whether allocated or unallocated and
32 whether obligated or unobligated, are hereby transferred to the state
33 labor relations board to the extent necessary to carry out the board's
34 functions, powers and duties subject to the approval of the director of
35 the budget for the same purposes for which originally appropriated or
36 reappropriated and shall be payable on vouchers certified or approved by
37 the chairperson of the state labor relations board on audit and warrant
38 of the comptroller.
39 § 60. Separability clause. If any clause, sentence, paragraph, section
40 or part of this act shall be adjudged by any court of competent juris-
41 diction to be invalid, such judgment shall not affect, impair or invali-
42 date the remainder thereof, but shall be confined in its operation to
43 the clause, sentence, paragraph, section or part thereof directly
44 involved in the controversy in which such judgment shall have been
45 rendered.
46 § 61. This act shall take effect on the thirtieth day after it shall
47 have become a law, except that effective immediately the commissioner of
48 the department of labor, the chair of the public employment relations
49 board and the chair of the state employment relations board are hereby
50 authorized to take such actions as are necessary and proper to prepare
51 for an orderly transition of the functions, powers and duties as herein
52 provided.
53 PART M
S. 990 45 A. 1920
1 Section 1. Section 204 of the civil service law is amended by adding
2 two new subdivisions 4 and 5 to read as follows:
3 4. Where an employee organization has been certified or recognized
4 pursuant to the provisions of this article as the exclusive represen-
5 tative of employees in a negotiating unit, such employee organization
6 shall pay to the board an annual fee, to be deposited in the miscella-
7 neous special revenue fund, public employment relations account
8 (339.93), in the amount of fifty dollars for each negotiating unit of up
9 to nineteen members, one hundred dollars for each negotiating unit of
10 twenty to forty-nine members, one hundred fifty dollars for each negoti-
11 ating unit of fifty to ninety-nine members, two hundred dollars for each
12 negotiating unit of one hundred to two hundred forty-nine members and
13 two hundred fifty dollars for each negotiating unit with two hundred
14 fifty or more members and each negotiating unit shall also file an annu-
15 al information update in such form as the board may prescribe which
16 shall include:
17 (a) The current name and address of the organization and of any parent
18 organization or other organization with which it is affiliated.
19 (b) The current names and office addresses of the principal officers
20 and of all representatives designated by the organization to represent
21 the organization before the board.
22 (c) A current list of all titles in the negotiating unit and the total
23 number of employees currently in the unit.
24 (d) A copy of the most recent collective bargaining agreement, togeth-
25 er with any memoranda, arbitration awards or other agreements or deter-
26 minations altering or amending the terms and conditions of employment of
27 the employees in the negotiating unit.
28 (e) Such other and further information as the board may reasonably
29 deem necessary to promote the policies and provisions of this subdivi-
30 sion, as may be established by rules duly adopted by the board.
31 5. Where an employee organization has been certified or recognized
32 pursuant to the provisions of this article, the public employer in the
33 government subdivision where the employee organization has been certi-
34 fied or recognized as exclusive negotiating agent, shall pay to the
35 board an annual fee for each certified or recognized negotiating unit in
36 accordance with the fee schedule established in subdivision four of this
37 section and shall also file an annual information update in such form as
38 the board may prescribe which shall include:
39 (a) The name and official addresses of the chief executive officer and
40 the chief legal officer of the government subdivision.
41 (b) The names and addresses of the persons or entities designated to
42 represent the public employer before the board.
43 (c) A current list of all titles in the negotiating unit and the total
44 number of employees currently in the unit.
45 (d) A copy of the most recent collective bargaining agreement, togeth-
46 er with any memoranda, arbitration awards or other agreements or deter-
47 minations altering or amending the terms and conditions of employment of
48 the employees in the negotiating unit.
49 (e) Such other and further information as the board may reasonably
50 deem necessary to promote the policies and provisions of this subdivi-
51 sion, as may be established by rules duly adopted by the board.
52 § 2. This act shall take effect immediately and shall be deemed to
53 have been in full force and effect on and after April 1, 2005.
54 PART N
S. 990 46 A. 1920
1 Section 1. Section 350-d of the general business law, as added by
2 chapter 813 of the laws of 1963 and as renumbered by chapter 65 of the
3 laws of 1989, is amended to read as follows:
4 § 350-d. Civil penalty. Any person, firm, corporation or association
5 or agent or employee thereof who engages in any of the acts or practices
6 stated in this article to be unlawful shall be liable to a civil penalty
7 of not more than five [hundred] thousand dollars for each violation,
8 which shall accrue to the state of New York and may be recovered in a
9 civil action brought by the attorney-general. In any such action it
10 shall be a complete defense that the advertisement is subject to and
11 complies with the rules and regulations of, and the statutes adminis-
12 tered by the Federal Trade Commission or any official department, divi-
13 sion, commission or agency of the state of New York.
14 § 2. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after April 1, 2005.
16 PART O
17 Section 1. Section 3 of chapter 674 of the laws of 1993, amending the
18 public buildings law relating to value limitations on contracts, as
19 amended by chapter 94 of the laws of 2003, is amended to read as
20 follows:
21 § 3. This act shall take effect immediately [and shall remain in full
22 force and effect only until June 30, 2005].
23 § 2. This act shall take effect immediately and shall be deemed to
24 have been in full force and effect on and after April 1, 2005.
25 PART P
26 Section 1. Subdivision 4 of section 27 of chapter 95 of the laws of
27 2000, amending the state finance law, the general municipal law, the
28 public buildings law and other laws relating to bonds, notes and reven-
29 ues, is amended to read as follows:
30 4. Section seventeen of this act shall take effect July 1, 2000[, and
31 shall expire on June 30, 2005; provided, however, that any lease entered
32 into for a term greater than ten years during the effective period of
33 this section shall continue in full force and effect, and provided that
34 upon the expiration of such section the commissioner of general services
35 shall continue to be empowered to enter into leases having terms not
36 exceeding ten years].
37 § 2. This act shall take effect immediately and shall be deemed to
38 have been in full force and effect on and after April 1, 2005.
39 PART Q
40 Section 1. Subsection (c) of section 2504 of the insurance law is
41 amended to read as follows:
42 (c) [This] Nothing in this section shall [not, however, prevent the
43 exercise by such officer or employee on behalf of the state or such
44 public corporation or public authority of its right] prevent an officer
45 or employee of this state, or of any public corporation or public
46 authority, or any person, firm or corporation acting or purporting to
47 act on behalf of such officer or employee from:
48 (1) obtaining, for individual public construction projects or for
49 multiple public construction projects all insurance policies or surety
S. 990 47 A. 1920
1 bonds required in connection with such public construction without
2 reimbursement from the contractor or subcontractor;
3 (2) requiring that the bidder, contractor or subcontractor submit bids
4 with and without specified insurance policies or surety bonds or provide
5 a credit in its bid which reflects the amount the bidder, contractor or
6 subcontractor would otherwise add if it obtained its own insurance as
7 required in the bid specifications; or
8 (3) exercising the right to approve the form, sufficiency, or manner
9 of execution, of surety bonds or contracts of insurance furnished by the
10 insurance company selected by the bidder to underwrite such bonds or
11 contracts. [Any provisions in any invitation for bids, or in any of the
12 contract documents, in conflict herewith are contrary to the public
13 policy of this state.]
14 § 2. Section 2504 of the insurance law is amended by adding two new
15 subsections (d) and (e) to read as follows:
16 (d) The procurement of insurance and surety contracts related to
17 public construction projects authorized by subsection (c) of this
18 section shall be performed in accordance with article eleven of the
19 state finance law when the owner is a state department or agency.
20 (e) Any provisions in any invitation for bids, or in any of the
21 contract documents, in conflict herewith are contrary to the public
22 policy of this state.
23 § 3. This act shall take effect immediately and shall be deemed to
24 have been in full force and effect on and after April 1, 2005; and shall
25 apply to all contracts solicited for bid on or after such effective
26 date.
27 PART R
28 Section 1. Subdivision 5 of section 362 of chapter 83 of the laws of
29 1995 amending the state finance law and other laws relating to bonds,
30 notes and revenues, as amended by chapter 426 of the laws of 2002, is
31 amended to read as follows:
32 5. Sections thirty-one through forty-two of this act shall take effect
33 on the thirtieth day after it shall have become a law and shall be
34 deemed to have been in full force and effect on and after April 1,
35 1995[; provided that section 163 of the state finance law, as added by
36 section thirty-three of this act shall remain in full force and effect
37 until June 30, 2005 at which time it shall expire and be deemed
38 repealed. Contracts executed prior to the expiration of such section 163
39 shall remain in full force and effect until the expiration of any such
40 contract notwithstanding the expiration of certain provisions of this
41 act].
42 § 2. This act shall take effect immediately and shall be deemed to
43 have been in full force and effect on and after April 1, 2005.
44 PART S
45 Section 1. Section 401 of the vehicle and traffic law is amended by
46 adding a new subdivision 5-b to read as follows:
47 5-b. Denial of registration or renewal for certain violations. If at
48 the time of application for a registration or renewal thereof there is a
49 notification from or on behalf of the division of criminal justice
50 services, and any agency, division or authority so designated by such
51 division, that the registrant or his representative failed to answer or
52 failed to pay any penalty imposed by such division, agency or authority
S. 990 48 A. 1920
1 following entry of a final decision in response to a total of three or
2 more notices of liability, issued within an eighteen month period,
3 charging the registrant was liable in accordance with section eleven
4 hundred eighty-one-a of this chapter for a violation of paragraph two of
5 subdivision (d) or subdivision (f) of section eleven hundred eighty of
6 this chapter or with section eleven hundred eighty-one-b of this chapter
7 for a violation of subdivision (a) or subdivision (b) or paragraph one
8 of subdivision (d) of section eleven hundred eighty of this chapter, the
9 commissioner, or his agent shall deny the registration or renewal appli-
10 cation until the applicant provides proof from the division the regis-
11 trant has appeared in response to such notices of liability or has paid
12 such penalty. Where an application is denied pursuant to this section,
13 the commissioner may, in his discretion, deny a registration or renewal
14 application to any other person for the same vehicle and may deny a
15 registration or renewal application for any other motor vehicle regis-
16 tered in the name of the applicant where the commissioner has determined
17 that such registrant's intent has been to evade the purposes of this
18 subdivision and where the commissioner has reasonable grounds to believe
19 that such registration or renewal will have the effect of defeating the
20 purposes of this subdivision. Such denial shall only remain in effect
21 as long as the notices of liability remain unanswered or unpaid.
22 § 2. Section 510 of the vehicle and traffic law is amended by adding a
23 new subdivision 4-f to read as follows:
24 4-f. Suspension of registration for failure to answer or pay penalties
25 with respect to certain violations. Upon the receipt of a notification
26 by or on behalf of the division of criminal justice services, and any
27 agency, division or authority so designated by such division, that an
28 owner of a motor vehicle has, for a period of thirty days, failed to
29 answer or failed to pay any penalty imposed by such division, agency or
30 authority in response to ten or more notices of liability charging such
31 owner with a violation of paragraph two of subdivision (d) or subdivi-
32 sion (f) of section eleven hundred eighty of this chapter in accordance
33 with the provisions of section eleven hundred eighty-one-a of this chap-
34 ter, or with a violation of subdivision (a) or subdivision (b) or para-
35 graph one of subdivision (d) of section eleven hundred eighty of this
36 chapter in accordance with the provisions of section eleven hundred
37 eighty-one-b of this chapter, the commissioner, or his agent shall
38 suspend the registration of the vehicle or vehicles involved in the
39 violation or the privilege of operation of any motor vehicle owned by
40 the registrant. Such suspension shall take effect no less than thirty
41 days from the date on which notice thereof is sent by the commissioner,
42 to the person whose registration or privilege is suspended and shall
43 remain in effect until such registrant has appeared in response to such
44 notices of liability or has paid such penalty.
45 § 3. The vehicle and traffic law is amended by adding a new section
46 1181-a to read as follows:
47 § 1181-a. Owner liability for operation in excess of certain work zone
48 speed limits. 1. Notwithstanding any other provision of law, in accord-
49 ance with this section and rules and regulations promulgated by the
50 division of criminal justice services, and any agency, division or
51 authority so designated by such division, is hereby authorized and
52 empowered to establish a photo-monitoring program and to impose monetary
53 liability on the owner of a vehicle which is operated in excess of a
54 maximum speed limit in violation of paragraph two of subdivision (d) or
55 subdivision (f) of section eleven hundred eighty of this article for
56 failing to obey work zone speed limits. The commissioner shall determine
S. 990 49 A. 1920
1 the location of the work zones in which the photo-monitoring program
2 shall be established in consultation with the superintendent of the
3 division of state police and the commissioner of the department of
4 transportation. No more than five work zones shall have fully operating
5 photo-monitoring systems in place at any given time.
6 2. The owner of a vehicle shall be liable for a civil penalty imposed
7 pursuant to this section if such vehicle was used or operated by the
8 owner or was used or operated with the permission of the owner, express
9 or implied, and operated in excess of a maximum speed limit in violation
10 of paragraph two or subdivision (d) or subdivision (f) of section eleven
11 hundred eighty of this article and such violation is evidenced by infor-
12 mation obtained from a photo-monitoring system, provided, however, that
13 no owner of a vehicle shall be liable for a penalty imposed pursuant to
14 this section where the operator of such vehicle has been convicted of a
15 violation of section eleven hundred eighty of this article for the same
16 incident.
17 3. For purposes of this section, the term "owner" shall mean any
18 person, corporation, partnership, firm, agency, association, lessor or
19 organization who, at the time of the violation and with respect to the
20 vehicle identified in the notice of liability: (a) is the beneficial or
21 equitable owner of such vehicle; or (b) has title to such vehicle; or
22 (c) is the registrant or co-registrant of such vehicle which is regis-
23 tered with the department of motor vehicles of this state or any other
24 state, territory, district, province, nation or other jurisdiction; or
25 (d) subject to the limitations set forth in subdivision ten of this
26 section, uses such vehicle in its vehicle renting and/or leasing busi-
27 ness; and includes (e) a person entitled to the use and possession of a
28 vehicle subject to a security interest in another person. For purposes
29 of this section, the term "photo-monitoring system" shall mean a vehicle
30 speed sensor which automatically produces one or more photographs, one
31 or more microphotographs, a videotape or other recorded images of each
32 vehicle at the time it is used or operated in violation of paragraph two
33 of subdivision (d) or subdivision (f) of section eleven hundred eighty
34 of this article. For purposes of this section, the term "vehicle" shall
35 mean every device in, upon or by which a person or property is or may be
36 transported or drawn upon a highway.
37 4. A certificate, sworn to or affirmed by an agent of the division,
38 agency or authority which charged that the violation occurred, or a
39 facsimile thereof, based upon inspection of photographs, microphoto-
40 graphs, videotape or other recorded images produced by a photo-monitor-
41 ing system shall be prima facie evidence of the facts contained therein
42 and shall be admissible into evidence in any review of the liability for
43 such violation.
44 5. An owner found liable for a violation of paragraph two of subdivi-
45 sion (d) or subdivision (f) of section eleven hundred eighty of this
46 article pursuant to this section shall be liable for a monetary penalty
47 of one hundred dollars.
48 6. An imposition of liability pursuant to this section shall be based
49 upon a preponderance of evidence as submitted. An imposition of liabil-
50 ity pursuant to this section shall not be deemed a conviction as an
51 operator and shall not be made part of the motor vehicle operating
52 record, furnished pursuant to section three hundred fifty-four of this
53 chapter, of the person upon whom such liability is imposed nor shall it
54 be used for insurance purposes in the provision of motor vehicle insur-
55 ance coverage.
S. 990 50 A. 1920
1 7. (a) A notice of liability shall be sent by first class mail to each
2 person alleged to be liable as an owner for a violation of paragraph two
3 of subdivision (d) or subdivision (f) of section eleven hundred eighty
4 of this article. Such notice shall be mailed no later than forty-five
5 days after the alleged violation. Personal delivery on the owner shall
6 not be required. A manual or automatic record of mailing prepared in the
7 ordinary course of business shall be prima facie evidence of the mailing
8 of the notice.
9 (b) A notice of liability shall contain the name and address of the
10 person alleged to be liable as an owner for a violation of paragraph two
11 of subdivision (d) or subdivision (f) of section eleven hundred eighty
12 of this article, the registration number of the vehicle involved in such
13 violation, the location where such violation took place, the date and
14 time of such violation, the identification number of the photo-monitor-
15 ing system which recorded the violation or other document locator
16 number.
17 (c) The notice of liability shall also contain information advising
18 the person charged of the manner and time in which such person may
19 request a copy of the photographs, microphotographs, videotape or other
20 recorded images produced by a photo-monitoring system and the certif-
21 icate which charged that the violation occurred. Such request shall be
22 submitted within forty-five days of mailing of the notice of liability.
23 (d) The notice of liability shall contain information advising the
24 person charged of the manner and the time in which such person may chal-
25 lenge the liability alleged in the notice. Such notice of liability
26 shall also contain a warning to advise the person charged that failure
27 to challenge in the manner and time provided shall be deemed an admis-
28 sion of liability and that a default judgment may be entered thereon.
29 8. Adjudication of the liability imposed upon owners by this section
30 shall be conducted by a liability review board in a manner determined by
31 the commissioner of the division of criminal justice services. Such
32 liability review board members will be appointed by the commissioner of
33 the division of criminal justice services and will be comprised of no
34 less than three individuals who shall be employees of the division of
35 criminal justice services. The liability review board will accept writ-
36 ten challenges to liability submitted by owners within forty-five days
37 of mailing of the notice of liability or within forty-five days of mail-
38 ing of the photographs, microphotographs, videotape or other recorded
39 images and the certificate, whichever is later. The liability review
40 board will inspect the photographs, microphotographs, videotape or other
41 recorded images produced by a photo-monitoring system and the certif-
42 icate, review the owner's written challenge to liability and the accura-
43 cy of the information alleged in the notice of liability, and issue a
44 final decision of liability within thirty days of receipt of the chal-
45 lenge.
46 9. If an owner receives a notice of liability pursuant to this section
47 for any time period during which the vehicle was reported to the police
48 department as having been stolen, it shall be a valid defense to an
49 allegation of liability for a violation of paragraph two of subdivision
50 (d) or subdivision (f) of section eleven hundred eighty of this article
51 that the vehicle had been reported to the police as stolen prior to the
52 time the violation occurred and had not been recovered by such time. For
53 purposes of asserting the defense provided by this subdivision it shall
54 be sufficient that a certified copy of the police report on the stolen
55 vehicle be sent by first class mail to the division having jurisdiction.
S. 990 51 A. 1920
1 10. An owner who is a lessor of a vehicle to which a notice of liabil-
2 ity was issued pursuant to subdivision seven of this section shall not
3 be liable for the violation of paragraph two of subdivision (d) or
4 subdivision (f) of section eleven hundred eighty of this article
5 provided that he or she sends to the division serving the notice of
6 liability a copy of the rental, lease or other such contract document
7 covering such vehicle on the date of the violation, with the name and
8 address of the lessee clearly legible, within thirty days after receiv-
9 ing the original notice of liability. Failure to send such information
10 within such thirty day time period shall render the lessor liable for
11 the penalty prescribed by this section. Where the lessor complies with
12 the provisions of this subdivision, the lessee of such vehicle on the
13 date of such violation shall be deemed to be the owner of such vehicle
14 for purposes of this section and shall be subject to liability for the
15 violation of paragraph two of subdivision (d) or subdivision (f) of
16 section eleven hundred eighty of this article, provided that the divi-
17 sion mails a notice of liability to the lessee within thirty days after
18 receiving such notice from the lessor. For purposes of this subdivision
19 the term "lessor" shall mean any person, corporation, firm, partnership,
20 agency, association or organization engaged in the business of renting
21 or leasing vehicles to any lessee under a rental agreement, lease or
22 otherwise wherein the said lessee has the exclusive use of said vehicle
23 for any period of time. For purposes of this subdivision, the term
24 "lessee" shall mean any person, corporation, firm, partnership, agency,
25 association or organization that rents, leases or contracts for the use
26 of one or more vehicles and has exclusive use thereof for any period of
27 time.
28 11. Except as provided in subdivision ten of this section, if a person
29 receives a notice of liability pursuant to this section it shall be a
30 valid defense to an allegation of liability for a violation of paragraph
31 two of subdivision (d) or subdivision (f) of section eleven hundred
32 eighty of this article that the individual who received the notice of
33 liability pursuant to this section was not the owner of the vehicle at
34 the time the violation occurred. If the owner liable for a violation of
35 paragraph two of subdivision (d) or subdivision (f) of section eleven
36 hundred eighty of this article pursuant to this section was not the
37 operator of the vehicle at the time of the violation, the owner may
38 maintain an action for indemnification against the operator.
39 12. Nothing in this section shall be construed to limit the liability
40 of an operator of a vehicle for any violation of any provision of law.
41 13. Notwithstanding any other provision of law, all photographs,
42 microphotographs, videotape or other recorded images prepared pursuant
43 to this section shall be for the use of an authority or a state agency
44 in the discharge of its duties and shall not be made available to the
45 public except as expressly provided for in this section.
46 § 4. The vehicle and traffic law is amended by adding a new section
47 1181-b to read as follows:
48 § 1181-b. Owner liability for operation in excess of certain posted
49 speed limits. 1. Notwithstanding any other provision of law, in accord-
50 ance with this section and rules and regulations promulgated by the
51 division of criminal justice services, and any agency, division or
52 authority so designated by such division, is hereby authorized and
53 empowered to establish a photo-monitoring program and to impose monetary
54 liability on the owner of a vehicle which is operated in excess of a
55 maximum speed limit in violation of subdivision (a) or subdivision (b)
56 or paragraph one of subdivision (d) of section eleven hundred eighty of
S. 990 52 A. 1920
1 this article for failing to obey posted speed limits. The commissioner
2 shall determine the location of the photo-monitoring program in consul-
3 tation with the superintendent of the division of state police. No more
4 than five fully operating photo-monitoring systems shall be in place at
5 any given time.
6 2. The owner of a vehicle shall be liable for a civil penalty imposed
7 pursuant to this section if such vehicle was used or operated by the
8 owner or was used or operated with the permission of the owner, express
9 or implied, and operated in excess of a maximum speed limit in violation
10 of subdivision (a) or subdivision (b) or paragraph one of subdivision
11 (d) of section eleven hundred eighty of this article and such violation
12 is evidenced by information obtained from a photo-monitoring system,
13 provided, however, that no owner of a vehicle shall be liable for a
14 penalty imposed pursuant to this section where the operator of such
15 vehicle has been convicted of a violation of section eleven hundred
16 eighty of this article for the same incident.
17 3. For purposes of this section, the term "owner" shall mean any
18 person, corporation, partnership, firm, agency, association, lessor or
19 organization who, at the time of the violation and with respect to the
20 vehicle identified in the notice of liability: (a) is the beneficial or
21 equitable owner of such vehicle; or (b) has title to such vehicle; or
22 (c) is the registrant or co-registrant of such vehicle which is regis-
23 tered with the department of motor vehicles of this state or any other
24 state, territory, district, province, nation or other jurisdiction; or
25 (d) subject to the limitations set forth in subdivision ten of this
26 section, uses such vehicle in its vehicle renting and/or leasing busi-
27 ness; and includes (e) a person entitled to the use and possession of a
28 vehicle subject to a security interest in another person. For purposes
29 of this section, the term "photo-monitoring system" shall mean a vehicle
30 speed sensor which automatically produces one or more photographs, one
31 or more microphotographs, a videotape or other recorded images of each
32 vehicle at the time it is used or operated in violation of subdivision
33 (a) or subdivision (b) or paragraph one of subdivision (d) of section
34 eleven hundred eighty of this article. For purposes of this section, the
35 term "vehicle" shall mean every device in, upon or by which a person or
36 property is or may be transported or drawn upon a highway.
37 4. A certificate, sworn to or affirmed by an agent of the division,
38 agency or authority which charged that the violation occurred, or a
39 facsimile thereof, based upon inspection of photographs, microphoto-
40 graphs, videotape or other recorded images produced by a photo-monitor-
41 ing system shall be prima facie evidence of the facts contained therein
42 and shall be admissible into evidence in any review of the liability for
43 such violation.
44 5. An owner found liable for a violation of subdivision (a) or subdi-
45 vision (b) or paragraph one of subdivision (d) of section eleven hundred
46 eighty of this article pursuant to this section shall be liable for a
47 monetary penalty of one hundred dollars.
48 6. An imposition of liability pursuant to this section shall be based
49 upon a preponderance of evidence as submitted. An imposition of liabil-
50 ity pursuant to this section shall not be deemed a conviction as an
51 operator and shall not be made part of the motor vehicle operating
52 record, furnished pursuant to section three hundred fifty-four of this
53 chapter, of the person upon whom such liability is imposed nor shall it
54 be used for insurance purposes in the provision of motor vehicle insur-
55 ance coverage.
S. 990 53 A. 1920
1 7. (a) A notice of liability shall be sent by first class mail to each
2 person alleged to be liable as an owner for a violation of subdivision
3 (a) or subdivision (b) or paragraph one of subdivision (d) of section
4 eleven hundred eighty of this article. Such notice shall be mailed no
5 later than forty-five days after the alleged violation. Personal deliv-
6 ery on the owner shall not be required. A manual or automatic record of
7 mailing prepared in the ordinary course of business shall be prima facie
8 evidence of the mailing of the notice.
9 (b) The notice of liability shall contain the name and address of the
10 person alleged to be liable as an owner for a violation of subdivision
11 (a) or subdivision (b) or paragraph one of subdivision (d) of section
12 eleven hundred eighty of this article, the registration number of the
13 vehicle involved in such violation, the location where such violation
14 took place, the date and time of such violation and the identification
15 number of the photo-monitoring system which recorded the violation or
16 other document locator number.
17 (c) The notice of liability shall contain information advising the
18 person charged of the manner and time in which such person may request a
19 copy of the photographs, microphotographs, videotape or other recorded
20 images produced by a photo-monitoring system and the certificate which
21 charged that the violation occurred. Such request shall be submitted
22 within forty-five days of mailing of the notice of liability.
23 (d) The notice of liability shall contain information advising the
24 person charged of the manner and the time in which such person may chal-
25 lenge the liability alleged in the notice. Such notice of liability
26 shall also contain a warning to advise the person charged that failure
27 to challenge in the manner and time provided shall be deemed an admis-
28 sion of liability and that a default judgment may be entered thereon.
29 8. Adjudication of the liability imposed upon owners by this section
30 shall be conducted by a liability review board in a manner determined by
31 the commissioner of the division of criminal justice services. Such
32 liability review board members will be appointed by the commissioner of
33 the division of criminal justice services and will be comprised of no
34 less than three individuals who shall be employees of the division of
35 criminal justice services. The liability review board will accept writ-
36 ten challenges to liability submitted by owners within forty-five days
37 of mailing of the notice of liability or within 45 days of mailing of
38 the photographs, microphotographs, videotape or other recorded images
39 and the certificate, whichever is later. The liability review board will
40 inspect the photographs, microphotographs, videotape or other recorded
41 images produced by a photo-monitoring system and the certificate, review
42 the owner's written challenge to liability, review the accuracy of the
43 information alleged in the notice of liability and issue a final deci-
44 sion of liability within thirty days of receipt of the challenge.
45 9. If an owner receives a notice of liability pursuant to this section
46 for any time period during which the vehicle was reported to the police
47 department as having been stolen, it shall be a valid defense to an
48 allegation of liability for a violation of subdivision (a) or subdivi-
49 sion (b) or paragraph one of subdivision (d) of section eleven hundred
50 eighty of this article that the vehicle had been reported to the police
51 as stolen prior to the time the violation occurred and had not been
52 recovered by such time. For purposes of asserting the defense provided
53 by this subdivision it shall be sufficient that a certified copy of the
54 police report on the stolen vehicle be sent by first class mail to the
55 division having jurisdiction.
S. 990 54 A. 1920
1 10. An owner who is a lessor of a vehicle to which a notice of liabil-
2 ity was issued pursuant to subdivision seven of this section shall not
3 be liable for the violation of subdivision (a) or subdivision (b) or
4 paragraph one of subdivision (d) of section eleven hundred eighty of
5 this article provided that he or she sends to the division serving the
6 notice of liability a copy of the rental, lease or other such contract
7 document covering such vehicle on the date of the violation, with the
8 name and address of the lessee clearly legible, within thirty days after
9 receiving the original notice of liability. Failure to send such infor-
10 mation within such thirty day time period shall render the lessor liable
11 for the penalty prescribed by this section. Where the lessor complies
12 with the provisions of this subdivision, the lessee of such vehicle on
13 the date of such violation shall be deemed to be the owner of such vehi-
14 cle for purposes of this section and shall be subject to liability for
15 the violation of subdivision (a) or subdivision (b) or paragraph one of
16 subdivision (d) of section eleven hundred eighty of this article,
17 provided that the division mails a notice of liability to the lessee
18 within thirty days after receiving such notice from the lessor. For
19 purposes of this subdivision the term "lessor" shall mean any person,
20 corporation, firm, partnership, agency, association or organization
21 engaged in the business of renting or leasing vehicles to any lessee
22 under a rental agreement, lease or otherwise wherein the said lessee has
23 the exclusive use of said vehicle for any period of time. For purposes
24 of this subdivision, the term "lessee" shall mean any person, corpo-
25 ration, firm, partnership, agency, association or organization that
26 rents, leases or contracts for the use of one or more vehicles and has
27 exclusive use thereof for any period of time.
28 11. Except as provided in subdivision ten of this section, if a person
29 receives a notice of liability pursuant to this section it shall be a
30 valid defense to an allegation of liability for a violation of subdivi-
31 sion (a) or subdivision (b) or paragraph one of subdivision (d) of
32 section eleven hundred eighty of this article that the individual who
33 received the notice of liability pursuant to this section was not the
34 owner of the vehicle at the time the violation occurred. If the owner
35 liable for a violation of subdivision (a) or subdivision (b) or para-
36 graph one of subdivision (d) of section eleven hundred eighty of this
37 article pursuant to this section was not the operator of the vehicle at
38 the time of the violation, the owner may maintain an action for indemni-
39 fication against the operator.
40 12. Nothing in this section shall be construed to limit the liability
41 of an operator of a vehicle for any violation of any provision of law.
42 13. Notwithstanding any other provision of law, all photographs,
43 microphotographs, videotape or other recorded images prepared pursuant
44 to this section shall be for the use of an authority or a state agency
45 in the discharge of its duties and shall not be made available to the
46 public except as expressly provided for in this section.
47 14. The division of criminal justice services shall submit a report
48 regarding the results of the use of such photo-monitoring systems to the
49 governor, the temporary president of the senate and the speaker of the
50 assembly by July first, two thousand seven. Such report shall include,
51 but not be limited to:
52 (a) a description of the locations where the photo-monitoring systems
53 were used;
54 (b) the number of violations recorded at each location and in the
55 aggregate on a daily, weekly, and monthly basis;
56 (c) the total number of notices of liability issued;
S. 990 55 A. 1920
1 (d) the number of fines and total amount of fines paid after first
2 notice of liability;
3 (e) the number of violations reviewed by the liability review board
4 and the results of such reviews including breakdowns of dispositions
5 made;
6 (f) the total amount of revenue realized through this program;
7 (g) the number of vehicle registrations suspended or not renewed
8 pursuant to sections four hundred one and five hundred ten of this chap-
9 ter;
10 (h) the volume of operators in violation of the speed limits posted in
11 the applicable zones prior to the operation of the photo-monitoring
12 systems in those zones and subsequent to the operation of the photo-mon-
13 itoring systems in those zones, as well as a comparison and analysis of
14 that volume.
15 § 5. The vehicle and traffic law is amended by adding a new section
16 1111-b to read as follows:
17 § 1111-b. Owner liability for failure of operator to comply with
18 traffic-control indications. (a) Notwithstanding any other provision of
19 law, each city, town or village with a population between fifty thousand
20 and one million is hereby authorized and empowered to adopt and amend a
21 local law or ordinance establishing a program imposing monetary liabil-
22 ity on the owner of a vehicle for failure of an operator thereof to
23 comply with traffic-control indications in such city, town and village
24 in accordance with the provisions of this section. Such program shall
25 empower a city, town or village to install and operate traffic-control
26 signal photo-monitoring devices at no more than fifteen intersections
27 within such city, town or village at any one time.
28 (b) In any city, town or village which has adopted a local law or
29 ordinance pursuant to subdivision (a) of this section, the owner of a
30 vehicle shall be liable for a penalty imposed pursuant to this section
31 if such vehicle was used or operated by the owner or with the permission
32 of the owner, express or implied, in violation of subdivision (d) of
33 section eleven hundred eleven of this article, and such violation is
34 evidenced by information obtained from a traffic-control signal viola-
35 tion-monitoring system; provided however that no owner of a vehicle
36 shall be liable for a penalty imposed pursuant to this section where the
37 operator of such vehicle has been convicted of the underlying violation
38 of subdivision (d) of section eleven hundred eleven of this article.
39 (c) For purposes of this section, "owner" shall have the meaning
40 provided in article two-B of this chapter. For purposes of this section,
41 "traffic-control signal violation-monitoring system" shall mean a vehi-
42 cle sensor installed to work in conjunction with a traffic-control
43 signal which automatically produces two or more photographs, two or more
44 microphotographs, a videotape or other recorded images of each vehicle
45 at the time it is used or operated in violation of subdivision (d) of
46 section eleven hundred eleven of this article.
47 (d) A certificate, sworn to or affirmed by a technician employed by
48 the city, town and village in which the charged violation occurred, or a
49 facsimile thereof, based upon inspection of photographs, microphoto-
50 graphs, videotape or other recorded images produced by a traffic-control
51 signal violation-monitoring system, shall be prima facie evidence of the
52 facts contained therein. Any photographs, microphotographs, videotape or
53 other recorded images evidencing such a violation shall be available for
54 inspection in any proceeding to adjudicate the liability for such
55 violation pursuant to a local law or ordinance adopted pursuant to this
56 section.
S. 990 56 A. 1920
1 (e) An owner liable for a violation of subdivision (d) of section
2 eleven hundred eleven of this article pursuant to a local law or ordi-
3 nance adopted pursuant to this section shall be liable for monetary
4 penalties in accordance with a schedule of fines and penalties to be set
5 forth in such local law or ordinance, except that in a city, town or
6 village which, by local law, has authorized the adjudication of such
7 owner liability by a parking violations bureau, such schedule shall be
8 promulgated by such bureau. The liability of the owner pursuant to this
9 section shall not exceed fifty dollars for each violation; provided,
10 however, that such local law or ordinance may provide for an additional
11 penalty not in excess of twenty-five dollars for each violation for the
12 failure to respond to a notice of liability within the prescribed time
13 period.
14 (f) An imposition of liability under a local law or ordinance adopted
15 pursuant to this section shall not be deemed a conviction as an operator
16 and shall not be made part of the operating record of the person upon
17 whom such liability is imposed nor shall it be used for insurance
18 purposes in the provision of motor vehicle insurance coverage.
19 (g) 1. A notice of liability shall be sent by first class mail to each
20 person alleged to be liable as an owner for a violation of subdivision
21 (d) of section eleven hundred eleven of this article pursuant to this
22 section. Personal delivery on the owner shall not be required. A manual
23 or automatic record of mailing prepared in the ordinary course of busi-
24 ness shall be prima facie evidence of the facts contained therein.
25 2. A notice of liability shall contain the name and address of the
26 person alleged to be liable as an owner for a violation of subdivision
27 (d) of section eleven hundred eleven of this article pursuant to this
28 section, the registration number of the vehicle involved in such
29 violation, the location where such violation took place, the date and
30 time of such violation and the identification number of the camera which
31 recorded the violation or other document locator number.
32 3. The notice of liability shall contain information advising the
33 person charged of the manner and the time in which he or she may contest
34 the liability alleged in the notice in accordance with the local law.
35 Such notice of liability shall also contain a warning to advise the
36 persons charged that failure to contest in the manner and time provided
37 shall be deemed an admission of liability and that a default judgment
38 may be entered thereon.
39 4. The notice of liability shall be prepared and mailed by the city,
40 town or village having jurisdiction over the intersection where the
41 violation occurred, or by any other entity authorized by the city, town
42 or village to prepare and mail such notification of violation.
43 (h) Adjudication of the liability imposed upon owners by this section
44 shall be by a traffic violations bureau established pursuant to section
45 three hundred seventy of the general municipal law or, if there be none,
46 by the court having jurisdiction over traffic infractions, except that
47 any city, town or village which has established an administrative tribu-
48 nal to hear and determine complaints of traffic infractions constituting
49 parking, standing or stopping violations may, by local law, authorize
50 such adjudication by such tribunal.
51 (i) If an owner receives a notice of liability pursuant to this
52 section for any time period during which the vehicle was reported to the
53 police department as having been stolen, it shall be a valid defense to
54 an allegation of liability for a violation of subdivision (d) of section
55 eleven hundred eleven of this article pursuant to this section that the
56 vehicle had been reported to the police as stolen prior to the time the
S. 990 57 A. 1920
1 violation occurred and had not been recovered by such time. For purposes
2 of asserting the defense provided by this subdivision it shall be suffi-
3 cient that a certified copy of the police report on the stolen vehicle
4 be sent by first class mail to the traffic violations bureau, court
5 having jurisdiction or parking violations bureau.
6 (j) 1. In a city, town or village where the adjudication of liability
7 imposed upon owners pursuant to this section is by a traffic violations
8 bureau or a court having jurisdiction, an owner who is a lessor of a
9 vehicle to which a notice of liability was issued pursuant to subdivi-
10 sion (g) of this section shall not be liable for the violation of subdi-
11 vision (d) of section eleven hundred eleven of this article, provided
12 that he or she sends to the traffic violations bureau or court having
13 jurisdiction a copy of the rental, lease or other such contract document
14 covering such vehicle on the date of the violation, with the name and
15 address of the lessee clearly legible, within thirty-seven days after
16 receiving notice from the bureau or court of the date and time of such
17 violation, together with the other information contained in the original
18 notice of liability. Failure to send such information within such thir-
19 ty-seven day time period shall render the owner liable for the penalty
20 prescribed by this section. Where the lessor complies with the
21 provisions of this paragraph, the lessee of such vehicle on the date of
22 such violation shall be deemed to be the owner of such vehicle for
23 purposes of this section, shall be subject to liability for the
24 violation of subdivision (d) of section eleven hundred eleven of this
25 article pursuant to this section and shall be sent a notice of liability
26 pursuant to subdivision (g) of this section.
27 2. (i) In a city, town or village which, by local law, has authorized
28 the adjudication of liability imposed upon owners by this section by a
29 parking violations bureau, an owner who is a lessor of a vehicle to
30 which a notice of liability was issued pursuant to subdivision (g) of
31 this section shall not be liable for the violation of subdivision (d) of
32 section eleven hundred eleven of this article, provided that:
33 (A) prior to the violation, the lessor has filed with the bureau in
34 accordance with the provisions of section two hundred thirty-nine of
35 this chapter; and
36 (B) within thirty-seven days after receiving notice from the bureau of
37 the date and time of a liability, together with the other information
38 contained in the original notice of liability, the lessor submits to the
39 bureau the correct name and address of the lessee of the vehicle identi-
40 fied in the notice of liability at the time of such violation, together
41 with such other additional information contained in the rental, lease or
42 other contract document, as may be reasonably required by the bureau
43 pursuant to regulations that may be promulgated for such purpose.
44 (ii) Failure to comply with clause (B) of subparagraph (i) of this
45 paragraph shall render the owner liable for the penalty prescribed in
46 this section.
47 (iii) Where the lessor complies with the provisions of this paragraph,
48 the lessee of such vehicle on the date of such violation shall be deemed
49 to be the owner of such vehicle for purposes of this section, shall be
50 subject to liability for such violation pursuant to this section and
51 shall be sent a notice of liability pursuant to subdivision (g) of this
52 section.
53 (k) If the owner liable for a violation of subdivision (d) of section
54 eleven hundred eleven of this article pursuant to this section was not
55 the operator of the vehicle at the time of the violation, the owner may
56 maintain an action for indemnification against the operator.
S. 990 58 A. 1920
1 (l) Nothing in this section shall be construed to limit the liability
2 of an operator of a vehicle for any violation of subdivision (d) of
3 section eleven hundred eleven of this article.
4 (m) In any city, town or village which adopts a demonstration program
5 pursuant to subdivision (a) of this section, such city, town or village
6 shall submit a report on the results of the use of a traffic-control
7 signal photo-monitoring system to the governor, the temporary president
8 of the senate and the speaker of the assembly by March first, two thou-
9 sand nine. Such report shall include, but not be limited to:
10 1. a description of the locations where traffic-control signal photo-
11 monitoring systems were used;
12 2. the number of violations recorded at each intersection and in the
13 aggregate on a daily, weekly and monthly basis;
14 3. the total number of notices of liability issued;
15 4. the number of fines and total amount of fines paid after first
16 notice of liability;
17 5. the number of violations adjudicated and results of such adjudi-
18 cations including breakdowns of dispositions made;
19 6. the total amount of revenue realized by such city, town or village;
20 and
21 7. quality of the adjudication process and its results.
22 § 6. Subdivision (a) of section 1111-a of the vehicle and traffic law,
23 as amended by chapter 651 of the laws of 1995, is amended to read as
24 follows:
25 (a) Notwithstanding any other provision of law, each city with a popu-
26 lation of one million or more is hereby authorized and empowered to
27 adopt and amend a local law or ordinance establishing a demonstration
28 program imposing monetary liability on the owner of a vehicle for fail-
29 ure of an operator thereof to comply with traffic-control indications in
30 such city in accordance with the provisions of this section. Such demon-
31 stration program shall empower a city to install and operate traffic-
32 control signal photo-monitoring devices at no more than [fifty] one
33 hundred intersections within such city at any one time.
34 § 7. Subdivision (a) of section 19-210 of the administrative code of
35 the city of New York, as amended by local law number 20 of the city of
36 New York for the year 1998, is amended to read as follows:
37 (a) Notwithstanding any other provision of law, the parking violations
38 bureau is hereby authorized and empowered to establish a demonstration
39 program imposing monetary liability on the owner of a vehicle for fail-
40 ure of an operator thereof to comply with traffic-control indications in
41 accordance with the provisions of this section. The department of trans-
42 portation, for purposes of implementation of such program, shall be
43 authorized to install and operate traffic-control signal violation-moni-
44 toring devices at no more than [fifty] one hundred intersections at any
45 one time.
46 § 8. This act shall take effect immediately and shall be deemed to
47 have been in full force and effect on and after April 1, 2005; provided,
48 however, that the amendment to subdivision (a) of section 1111-a of the
49 vehicle and traffic law made by section six of this act shall not affect
50 the repeal of such section and shall be deemed repealed therewith; and
51 provided further, that the amendment to subdivision (a) of section
52 19-210 of the administrative code of the city of New York made by
53 section seven of this act shall not affect the expiration of such
54 section and shall be deemed to expire therewith.
55 PART T
S. 990 59 A. 1920
1 Section 1. Subdivisions 10, 11 and 12 of section 301 of the county
2 law, subdivisions 10 and 12 as added by section 1, and subdivision 11 as
3 added and subdivision 12 as renumbered by section 2 of part DD of chap-
4 ter 85 of the laws of 2002, are amended and two new subdivisions 13 and
5 14 are added to read as follows:
6 10. "Wireless communications service" [means all commercial mobile
7 services, as that term is defined in section 332(d) of title 47, United
8 States Code, as amended from time to time, including, but not limited
9 to, all broadband personal communications services, wireless radio tele-
10 phone services, geographic area specialized and enhanced specialized
11 mobile radio services, and incumbent-wide area specialized mobile radio
12 licensees, which offer real time, two-way voice or data service that is
13 interconnected with the public switched telephone network or otherwise
14 provides access to emergency communications services] shall mean mobile
15 telecommunications service as defined in paragraphs twenty-four and
16 twenty-five of subdivision (b) of section eleven hundred one of the tax
17 law.
18 11. "Place of primary use" shall mean [the street address represen-
19 tative of where a wireless communications customer's use of the wireless
20 telecommunications service primarily occurs, and must be: (i) the resi-
21 dential street address or the primary business street address of the
22 wireless communications customer and (ii) within the licensed service
23 area of the wireless communications service supplier] place of primary
24 use as defined in paragraph twenty-six of subdivision (b) of section
25 eleven hundred one of the tax law.
26 12. "Wireless communications service supplier" [means any commercial
27 entity that operates a wireless communications service] shall mean home
28 service provider as defined in subparagraph (ii) of paragraph twenty-
29 seven of subdivision (b) of section eleven hundred one of the tax law,
30 provided such home service provider has one or more wireless communi-
31 cations customers in New York state.
32 13. "Wireless communications customer" shall mean mobile telecommuni-
33 cations customer as defined in subparagraph (i) of paragraph twenty-sev-
34 en of subdivision (b) of section eleven hundred one of the tax law.
35 14. "Public safety answering point" shall mean state or local public
36 safety answering point as such terms are defined in subdivisions nine
37 and ten of section three hundred twenty-five of this chapter.
38 § 2. Section 308-a of the county law, as added by section 1 of part F
39 of chapter 93 of the laws of 2002, is renumbered section 310 and amended
40 to read as follows:
41 § 310. Establishment of city wireless surcharges. 1. Notwithstanding
42 [the provisions] any provision of [any] law to the contrary, any city
43 with a population of one million or more, acting through its board, is
44 hereby authorized and empowered to adopt, amend or repeal local laws to
45 impose a surcharge [in an amount not to exceed thirty cents per month]
46 on wireless communications service in the city, where such wireless
47 communications service includes two-way voice or data transmission to a
48 public safety answering point or, where no public safety answering point
49 is designated, a designated default answering point or an appropriate
50 local emergency authority. The surcharge shall be imposed on such wire-
51 less communications service when provided to a wireless communications
52 customer with a place of primary use within the city, in an amount not
53 to exceed thirty cents per month on each wireless communications device
54 [and shall be reflected and made payable on bills rendered for wireless
55 communications service that is provided to a customer whose place of
56 primary use is within the city. For purposes of this section, the term
S. 990 60 A. 1920
1 "place of primary use" shall mean the street address that is represen-
2 tative of where the customer's use of the wireless communications
3 service primarily occurs, which address must be: (a) the residential
4 street address or the primary business street address of the customer;
5 and (b) within the licensed service area of the wireless communications
6 service provider. All surcharge monies remitted to the city shall be
7 used to pay for costs associated with the design, construction, opera-
8 tion, maintenance, and administration of public safety communications
9 networks serving such city] in service to such customer on the last day
10 of each month.
11 2. Any local law adopted pursuant to the authority of this section
12 shall state the amount of the surcharge and the date on which [the] a
13 wireless communications service supplier shall begin to [add such
14 surcharge to the billings of its customers] pay such surcharge to the
15 city. Any wireless communications service supplier within [such] a city
16 which has imposed a surcharge pursuant to the [provisions] authority of
17 this section shall be given a minimum of forty-five days written notice
18 prior to the date it shall begin to [add such surcharge to the billings
19 of its customers] pay such surcharge to the city, or prior to any
20 modification to or change in the surcharge amount.
21 3. (a) The surcharge imposed pursuant to the authority of this section
22 shall be charged against and be paid by each wireless communications
23 service supplier which contracts with a wireless communications customer
24 having a place of primary use in such city for wireless communications
25 service. Each wireless communications service supplier [serving] provid-
26 ing wireless communications service in such city shall [act as
27 collection agent for the city and shall] remit [the funds collected
28 pursuant to a] such surcharge [imposed under the provisions of this
29 section] to the chief fiscal officer of the city every month. Such funds
30 shall be remitted no later than thirty days after the last business day
31 of the month.
32 (b) Each wireless communications service supplier required to pay a
33 surcharge pursuant to this section shall be entitled to retain, as an
34 administrative fee, an amount equal to two percent of [its collections
35 of a] any such surcharge [imposed under the provisions of this section]
36 charged against and actually paid by such supplier, provided that such
37 supplier files any required return or report and pays such surcharge to
38 the chief fiscal officer of such city on or before its due date.
39 (c) Any surcharge charged against and required to be [collected] paid
40 by a wireless communications service supplier [shall] may be added to
41 and [stated] separately [in its billings to customers] stated as a
42 single charge on a wireless communications customer's bill.
43 (d) [Each wireless communications service customer who is subject to
44 the provisions of this section shall be liable to such city for the
45 surcharge until it has been paid to the city except that payment to a
46 wireless communications service supplier is sufficient to relieve the
47 customer from further liability for such surcharge.
48 (e) No wireless communications service supplier shall have a legal
49 obligation to enforce the collection of any surcharge imposed under the
50 provisions of this section, provided, however, that whenever the wire-
51 less communications service supplier remits the funds collected to the
52 city, it shall also provide the city with the name and address of any
53 customer refusing or failing to pay a surcharge imposed under the
54 provisions of this section and shall state the amount of such surcharge
55 remaining unpaid.
S. 990 61 A. 1920
1 (f)] Each wireless communications service supplier required to pay a
2 surcharge pursuant to this section shall annually provide to such city
3 an accounting of [the] surcharge amounts [billed and collected] required
4 to be paid for wireless communications service provided to wireless
5 communications customers having a place of primary use within such city.
6 4. All surcharge monies remitted to the city by a wireless communi-
7 cations service supplier shall be expended only upon authorization of
8 the board and only for payment of system costs or other costs associated
9 with the design, construction, operation, maintenance, and adminis-
10 tration of public safety communications networks serving such city. The
11 city shall separately account for and keep adequate books and records of
12 the amount and source of all such monies and of the amount and object or
13 purpose of all expenditures thereof. If, at the end of any fiscal year,
14 the total amount of all such monies exceeds the amount necessary for
15 payment of the above mentioned costs in such fiscal year, such excess
16 shall be reserved and carried over for the payment of those costs in the
17 following fiscal year.
18 § 3. Section 308-a of the county law, as added by chapter 276 of the
19 laws of 2002, is renumbered section 311 and amended to read as follows:
20 § 311. Establishment of county [of Nassau] wireless [surcharge] commu-
21 nications surcharges. 1. Notwithstanding [the provisions of] any
22 provision of law to the contrary, [the county of Nassau] any county
23 listed in subdivision five of this section, acting through its [local]
24 county legislative body, is hereby authorized and empowered to adopt,
25 amend or repeal local laws to impose a surcharge [in an amount not to
26 exceed thirty cents per month] on wireless communications service in
27 [the county of Nassau] such county, where such wireless communications
28 service includes two-way voice or data transmission to a public safety
29 answering point or, where no public safety answering point is desig-
30 nated, a designated default answering point or an appropriate local
31 emergency authority. The surcharge shall be imposed on such wireless
32 communications service when provided to a wireless communications
33 customer with a place of primary use in such county, in an amount not to
34 exceed thirty cents per month on each wireless communications device
35 [and shall be reflected and made payable on bills rendered for wireless
36 communications service that is provided to a customer whose place of
37 primary use is within the county. For purposes of this section, the term
38 "place of primary use" shall mean the street address that is represen-
39 tative of where the customer's use of the wireless communications
40 service primarily occurs, which address must be: (a) residential street
41 address or the primary business street address of the customer; and (b)
42 within the licensed service area of the wireless communications service
43 supplier] in service to such wireless communications customer on the
44 last day of each month.
45 2. Any local law adopted pursuant to the authority of this section
46 shall state the amount of the surcharge and the date on which [the] a
47 wireless communications service supplier shall begin to [add such
48 surcharge to the billings of its customers] pay such surcharge to the
49 county. Any wireless communications service supplier within [the] a
50 county [of Nassau] which has imposed a surcharge pursuant to the
51 [provisions] authority of this section shall be given a minimum of
52 forty-five days written notice prior to the date it shall begin to [add
53 such surcharge to the billings of its customers] pay such surcharge to
54 the county, or prior to any modification to or change in the surcharge
55 amount.
S. 990 62 A. 1920
1 3. (a) The surcharge imposed pursuant to the authority of this section
2 shall be charged against and be paid by each wireless communications
3 service supplier which contracts with a wireless communications customer
4 having a place of primary use in such county for wireless communications
5 service. Each wireless communications service supplier [serving the
6 county of Nassau] providing wireless communications service shall [act
7 as collection agent for the county and shall] remit [the funds collected
8 pursuant to a] such surcharge [imposed under the provisions of this
9 section] to the chief fiscal officer of the county [of Nassau] every
10 month. Such funds shall be remitted no later than thirty days after the
11 last business day of the month.
12 (b) Each wireless communications service supplier required to pay a
13 surcharge pursuant to this section shall be entitled to retain, as an
14 administrative fee, an amount equal to two percent of [its collections
15 of a surcharge imposed under the provisions of this section] any such
16 surcharge charged against and actually paid by such supplier, provided
17 that such supplier files any required return or report and pays such
18 surcharge to the chief fiscal officer of such county on or before its
19 due date.
20 (c) Any surcharge charged against and required to be [collected] paid
21 by a wireless communications service supplier [shall] may be added to
22 and [stated] separately [in its billings to customers] stated as a
23 single charge on a wireless communications customer's bill.
24 (d) [Each wireless communications service customer who is subject to
25 the provisions of this section shall be liable to such county for the
26 surcharge until it has been paid to the county of Nassau except that
27 payment to a wireless communications service supplier is sufficient to
28 relieve the customer from further liability for such surcharge.
29 (e) No wireless communications service supplier shall have a legal
30 obligation to enforce the collection of any surcharge imposed under the
31 provisions of this section, provided, however, that whenever the wire-
32 less communications service supplier remits the funds collected to the
33 county of Nassau, it shall also provide the county of Nassau with the
34 name and address of any customer refusing or failing to pay a surcharge
35 imposed under the provisions of this section and shall state the amount
36 of such surcharge remaining unpaid.
37 (f)] Each wireless communications service supplier required to pay a
38 surcharge pursuant to this section shall annually provide to [the] each
39 county [of Nassau] an accounting of the surcharge amounts [billed and
40 collected] required to be charged against and paid by such supplier for
41 wireless communications service provided to wireless communications
42 customers having a place of primary use in such county.
43 4. (a) All surcharge monies remitted to the [county] counties of
44 Cattaraugus, Cayuga, Cortland, Dutchess, Herkimer, Livingston, Montgom-
45 ery, Nassau, Ontario, Putnam, Rensselaer, Schuyler, Seneca, Tompkins,
46 Ulster, Wayne, Westchester, and Yates by a wireless communications
47 service supplier shall be expended only upon authorization of the
48 [local] county legislative body and only for payment of system costs or
49 other costs associated with the design, construction, operation, mainte-
50 nance, and administration of public safety communications networks serv-
51 ing such county. [The]
52 (b) Until a county not subject to paragraph (a) of this subdivision is
53 served by public safety communications networks which are capable of
54 providing enhanced wireless 911 service as defined by subdivisions four
55 and five of section three hundred twenty-five of this chapter, all
56 surcharge monies remitted to such county by a wireless communications
S. 990 63 A. 1920
1 service supplier shall be expended only upon authorization of the county
2 legislative body and only for payment of eligible wireless 911 service
3 costs as defined in subdivision sixteen of section three hundred twen-
4 ty-five of this chapter. A county not subject to paragraph (a) of this
5 subdivision which is served by public safety communications networks
6 which are capable of providing enhanced wireless 911 service as defined
7 by subdivisions four and five of section three hundred twenty-five of
8 this chapter shall expend all surcharge monies remitted to it by a wire-
9 less communications service supplier only upon authorization of the
10 county legislative body and only for payment of system costs and other
11 costs associated with the design, construction, operations, maintenance
12 and administration of public safety communications networks serving such
13 county.
14 (c) Each county [of Nassau] imposing the surcharge authorized by this
15 section shall separately account for and keep adequate books and records
16 of the amount and source of all such monies and of the amount and object
17 or purpose of all expenditures thereof. If, at the end of any fiscal
18 year, the total amount of all such monies exceeds the amount necessary
19 for payment of the above mentioned costs in such fiscal year, such
20 excess shall be reserved and carried over for the payment of those costs
21 in the following fiscal year.
22 5. The following counties are authorized to impose a surcharge pursu-
23 ant to this section: Allegany, Broome, Cattaraugus, Cayuga, Chautauqua,
24 Chemung, Clinton, Cortland, Dutchess, Franklin, Fulton, Genesee, Herkim-
25 er, Livingston, Madison, Montgomery, Nassau, Onondaga, Ontario, Orange,
26 Otsego, Putnam, Rensselaer, Schuyler, Seneca, Steuben, Sullivan, Tioga,
27 Tompkins, Ulster, Warren, Washington, Wayne, Westchester, and Yates.
28 § 4. Section 308-a, as added by chapter 386 of the laws of 2002,
29 section 308-a, as added by chapter 387 of the laws of 2002, section
30 308-a, as added by chapter 388 of the laws of 2002, section 308-a, as
31 added by chapter 389 of the laws of 2002, section 308-a, as added by
32 chapter 390 of the laws of 2002, section 308-a, as added by chapter 391
33 of the laws of 2002, section 308-a, as added by chapter 392 of the laws
34 of 2002, section 308-a, as added by chapter 393 of the laws of 2002,
35 section 308-a, as added by chapter 394 of the laws of 2002, section
36 308-a, as added by chapter 395 of the laws of 2002, section 308-a, as
37 added by chapter 396 of the laws of 2002, section 308-a, as added by
38 chapter 397 of the laws of 2002, section 308-a, as added by chapter 398
39 of the laws of 2002, section 308-a, as added by chapter 399 of the laws
40 of 2002, section 308-a, as added by chapter 400 of the laws of 2002,
41 section 308-a, as added by chapter 424 of the laws of 2002, section
42 308-a, as added by chapter 489 of the laws of 2002, section 308-b, as
43 added by chapter 586 of the laws of 2003, section 308-b, as added by
44 chapter 191 of the laws of 2004, section 308-c, section 308-d, section
45 308-e, section 308-f, section 308-g, section 308-k, section 308-l,
46 section 308-m, section 308-n, section 308-p, as added by chapter 217 of
47 the laws of 2003, section 308-p, as added by chapter 159 of the laws of
48 2004, section 308-q, as added by chapter 174 of the laws of 2004,
49 section 308-q, as added by chapter 202 of the laws of 2004, section
50 308-q, as added by chapter 541 of the laws of 2004, and section 308-r of
51 the county law, are REPEALED.
52 § 5. Subdivisions 1, 2, 3 and 5 of section 309 of the county law,
53 subdivisions 1, 2 and 3 as amended by section 3 of part DD of chapter 85
54 of the laws of 2002, subdivision 5 as added by section 2 of part G of
55 chapter 81 of the laws of 2002 and paragraph (g) of subdivision 5 as
S. 990 64 A. 1920
1 added by section 6 of part Y of chapter 62 of the laws of 2003, are
2 amended and a new subdivision 6 is added to read as follows:
3 1. Notwithstanding any provision of law to the contrary, there shall
4 be imposed a surcharge [of one dollar and twenty cents per month] on
5 wireless communications service where [the wireless communications
6 customer's place of primary use is in New York state] such wireless
7 communications service includes two-way voice or data transmission to a
8 public safety answering point or, where no public safety answering point
9 is designated, a designated default answering point or an appropriate
10 local emergency authority. The surcharge shall be imposed on such wire-
11 less communications service when provided to a wireless communications
12 customer with a place of primary use in the state, at the rate of one
13 dollar and twenty cents per month on each wireless communications device
14 [and shall be reflected and made payable on bills rendered for wireless
15 communications service provided to a wireless communications customer
16 with a place of primary use in New York state] in service to such
17 customer on the last day of each month.
18 2. (a) [Each wireless communications service supplier providing wire-
19 less communications service in New York shall act as collection agent
20 for the state for the collection of the surcharge imposed by this
21 section.] The fee imposed by this section shall be charged against and
22 be paid by each wireless communications service supplier providing wire-
23 less communications service in New York which contracts with a wireless
24 communications customer having a place of primary use in this state for
25 wireless communications service. Such surcharge shall be reported and
26 paid to the commissioner of taxation and finance on a quarterly basis on
27 or before the fifteenth day of the month after the end of each quarter
28 ending on the last day of February, May, August and November. Provided,
29 however, the surcharges collected in the months of August, September,
30 October and November of two thousand two shall be due on December
31 fifteenth, two thousand two. The payments shall be accompanied by a
32 report in such form and containing such information as the commissioner
33 of taxation and finance may prescribe. [However, the wireless communi-
34 cations service supplier shall have no legal obligation to enforce the
35 collection of any surcharge.] Each wireless communications service
36 supplier required to pay a surcharge pursuant to this section shall
37 retain for a period of three years from the date of filing with the
38 commissioner of taxation and finance all reports required by this subdi-
39 vision.
40 (b) Any surcharge hereunder [required to be collected] charged against
41 and paid by a wireless communications service supplier [shall] may be
42 added to and separately stated as a single charge on a wireless communi-
43 cations customer's bill. [Each wireless communications service customer
44 who is subject to the provisions of this section shall be liable to the
45 sate for the surcharge until it has been paid to the state except that
46 payment to a wireless communications service supplier is sufficient to
47 relieve the customer from further liability for such surcharge.]
48 (c) Each wireless communications service supplier required to pay the
49 surcharge imposed by this section shall be entitled to retain as an
50 administrative fee an amount equal to two percent of fifty-eight and
51 three-tenths percent of [the total collections of the] any such
52 surcharge amount charged against and actually paid by such supplier
53 pursuant to this section, provided that such supplier files any required
54 return or report and pays such surcharge to the commissioner of taxation
55 and finance on or before its due date.
S. 990 65 A. 1920
1 3. Notwithstanding any provision of law to the contrary, all surcharge
2 monies collected and received by the commissioner of taxation and
3 finance pursuant to this section shall be deposited daily to the credit
4 of the comptroller with such responsible banks, banking houses or trust
5 companies as may be designated by the comptroller. Such deposits shall
6 be kept separate and apart from all other monies in the possession of
7 the comptroller. The comptroller shall require adequate security from
8 all such depositories. The comptroller shall, on or before the tenth day
9 of each month, pay all surcharge monies collected and received under
10 this section and remaining to the comptroller's credit [as follows: (a)
11 forty-one and seven-tenths of the revenues collected and received under
12 this section into the state general fund; and (b) after deducting the
13 amount paid under paragraph (a) of this subdivision and the amount
14 retained by wireless communications suppliers pursuant to paragraph (c)
15 of subdivision two of this section, the balance of the revenues
16 collected under this section], into the statewide public safety communi-
17 cations account of the miscellaneous special revenue fund, created
18 pursuant to section ninety-seven-qq of the state finance law.
19 5. The monies collected from the state wireless communications service
20 surcharge shall be distributed to include the following:
21 (a) [The] Up to the sum of twenty-five million five hundred thousand
22 dollars shall be allocated to the state police pursuant to appropriation
23 by the legislature annually;
24 (b) [The] Up to the sum of one million five hundred thousand dollars
25 shall be deposited into the New York state emergency services revolving
26 loan fund annually;
27 (c) Up to the sum of [forty] fifty-nine million dollars shall be
28 available [in the state fiscal year two thousand two--two thousand
29 three,] for payments related to homeland security, the state public
30 safety and security programs, including but not limited to the
31 detection, protection against, prevention, response and recovery from
32 terrorist acts or threats, pursuant to appropriation by the legislature;
33 (d) To fund costs associated with the design, construction, and opera-
34 tion of the statewide wireless network annually pursuant to appropri-
35 ation by the legislature;
36 (e) [The] Up to the sum of [four] two million [two] three hundred
37 thousand dollars shall be made available to the state police [in fiscal
38 year two thousand two--two thousand three] annually for the Federal
39 Communications Assistance Law Enforcement Act (CALEA); and
40 (f) Not less than the sum of [twenty] ten million dollars in fiscal
41 year [two thousand two--two thousand three and not less than ten million
42 dollars each year thereafter] two thousand five--two thousand six, two
43 thousand six--two thousand seven and two thousand seven--two thousand
44 eight shall be disbursed pursuant to article six-A of this chapter and
45 appropriation by the legislature.
46 (g) To provide the costs of debt service for bonds and notes issued to
47 finance expedited deployment funding pursuant to the provisions of
48 section three hundred thirty-three of this chapter and section sixteen
49 hundred eighty-nine-h of the public authorities law.
50 6. The provisions of article twenty-seven of the tax law and part II
51 of article thirty-seven of the tax law, insofar as such part is applica-
52 ble to article nine of the tax law, shall apply to the provisions of
53 this section in the same manner and with the same force and effect as if
54 the language of such article and part had been incorporated in full into
55 this section and had expressly referred to the surcharge imposed pursu-
56 ant to this section, except to the extent that any provision of such
S. 990 66 A. 1920
1 article or part is either inconsistent with a provision of this section
2 or is not relevant to this section, and with such modifications as may
3 be necessary to adapt the language of such provisions to the surcharge
4 imposed by this section, provided specifically that, a reference to the
5 "taxpayer" in such article twenty-seven shall refer to a wireless commu-
6 nications service supplier under this section and a reference to "tax"
7 in such article or part shall refer to the surcharge imposed pursuant to
8 this section.
9 § 6. Notwithstanding any other provision of law, the amendments made
10 by sections one through four of this act shall apply to any local law
11 enacted before the effective date of this act pursuant to the authority
12 of former sections 308-a through 308-r of the county law, and any such
13 local law shall be deemed amended, as of the effective date of this act,
14 to conform with the provisions of this act.
15 § 7. This act shall take effect on the first day of the quarterly
16 period, as described in paragraph (a) of subdivision two of section 309
17 of the county law, which begins at least ninety days after this act
18 shall have become a law; provided, however, that the commissioner of
19 taxation and finance shall be authorized on and after the date this act
20 shall have become a law to adopt and amend any rules or regulations and
21 issue any procedures, forms or instructions necessary to implement the
22 provisions of this act on its effective date.
23 PART U
24 Section 1. Subdivisions 3, 4 and 5 of section 97-g of the state
25 finance law, subdivision 3 as amended by section 45 of part K of chapter
26 81 of the laws of 2002, subdivision 4 as amended by chapter 577 of the
27 laws of 1988 and subdivision 5 as added by chapter 710 of the laws of
28 1964, are amended to read as follows:
29 3. Moneys of the fund shall be available to the commissioner of gener-
30 al services for the purchase of food, supplies and equipment for state
31 institutions and other state agencies, and for the purpose of furnishing
32 or providing centralized services to or for state institutions [and
33 other], state agencies, political subdivisions, public benefit corpo-
34 rations and public authorities. Beginning the first day of April, two
35 thousand two, moneys in such fund shall also be transferred by the state
36 comptroller to the revenue bond tax fund account of the general debt
37 service fund in amounts equal to those required for payments to author-
38 ized issuers for revenue bonds issued pursuant to article five-C of this
39 chapter for the purpose of lease purchases and installment purchases by
40 or for state agencies and institutions for personal or real property
41 purposes.
42 4. The term "centralized services" as used in this section shall mean
43 and include only (a) communications services, (b) mail, messenger and
44 reproduction services, (c) computer services, (d) [gasoline] fuel and
45 automotive services, (e) renovation and maintenance services, (f)
46 purchases of electricity from the power authority of the state of New
47 York or from other power suppliers, (g) real property management
48 services, (h) building design and construction services, (i) parking
49 services, (j) distribution of United States department of agriculture
50 donated foods to eligible recipients, pursuant to all applicable stat-
51 utes and regulations, (k) distribution of federal surplus property
52 donations to all eligible recipients, pursuant to applicable statutes
53 and regulations [and], (1) payments and related services for lease
54 purchases and installment purchases by or for state agencies and insti-
S. 990 67 A. 1920
1 tutions for personal property purposes financed through the issuance of
2 certificates of participation[. The], (m) insurance and risk management
3 services and (n) distributions of surplus property. Notwithstanding any
4 other provision of law, the services defined in items (a) through (h)
5 and (m) of this subdivision shall be provided to state agencies [and],
6 state institutions [only] and political subdivisions and the services
7 defined in items (f) and (m) of this subdivision shall also be provided
8 to public benefit corporations and public authorities.
9 5. The amount expended from such fund for the above-stated purposes
10 shall be charged against the state institution [or], agency, political
11 subdivision, public benefit corporation or public authority receiving
12 such food, supplies, equipment and services and all payments received
13 therefor shall be credited to such fund.
14 § 2. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after April 1, 2005.
16 PART V
17 Section 1. Section 3 of part B of chapter 101 of the laws of 2004,
18 amending the civil service law and the state finance law relating to the
19 health insurance fund, as amended by section 1 of part C of chapter 56
20 of the laws of 2004, is amended to read as follows:
21 § 3. This act shall take effect immediately and shall be deemed to
22 have been in full force and effect on and after April 1, 2004[, and
23 shall expire March 31, 2005].
24 § 2. This act shall take effect immediately.
25 PART W
26 Section 1. The state comptroller is hereby authorized and directed to
27 loan money in accordance with the provisions set forth in subdivision 5
28 of section 4 of the state finance law to the following funds and/or
29 accounts:
30 1. Tuition reimbursement fund (050):
31 a. Proprietary vocational school supervision account (02).
32 2. Local government records management improvement fund (052):
33 a. Local gov't records management account (01).
34 3. Dedicated highway and bridge trust fund (072):
35 a. Highway and bridge capital account (01).
36 4. State parks infrastructure trust fund (076):
37 a. State parks infrastructure account (01).
38 5. Clean water/clean air implementation fund (079).
39 6. State lottery fund (160):
40 a. Education - New (03).
41 b. VLT - Admin (05).
42 c. VLT - Sound basic education fund (06).
43 7. Medicaid management information system escrow fund (179).
44 8. Sewage treatment program management and administration fund (300).
45 9. Environmental conservation special revenue fund (301):
46 a. Hazardous bulk storage account (F7).
47 b. Utility environmental regulation account (H4).
48 c. Low level radioactive waste siting account (K5).
49 d. Recreation account (K6).
50 e. Conservationist magazine account (S4).
51 f. Environmental regulatory account (S5).
52 g. Natural resource account (S6)
S. 990 68 A. 1920
1 h. Mined land reclamation program account (XB).
2 10. Environmental protection and oil spill compensation fund (303).
3 11. Hazardous waste remedial fund (312):
4 a. Site investigation and construction account (01).
5 b. Hazardous waste remedial clean up account (06).
6 12. Mass transportation operating assistance fund (313):
7 a. Public transportation systems account (01).
8 b. Metropolitan mass transportation (02).
9 13. Clean air fund (314):
10 a. Operating permit program account (01).
11 b. Mobile source account (02).
12 14. Centralized services fund (323).
13 15. State exposition special fund (325).
14 16. Family benefit fund (329).
15 17. Agency enterprise fund (331):
16 a. OGS convention center account (55).
17 18. Agencies internal service fund (334):
18 a. Transportation print shop account (01).
19 b. Archives records management account (02).
20 c. Federal single audit account (05).
21 d. Quick copy center account (07).
22 e. Civil service law: sec 11 admin account (09).
23 f. Civil service EHS occupational health program account (10).
24 g. Banking services account (12).
25 h. Cultural resources survey account (14).
26 i. Neighborhood work project (17).
27 j. Automation & printing chargeback account (18).
28 k. OFT NYT account (20).
29 l. Data center account (23).
30 m. Human service telecom account (24).
31 n. OMRDD copy center account (26).
32 19. Miscellaneous special revenue fund (339):
33 a. Statewide planning and research cooperative system account (03).
34 b. OMRDD provider of service account (05).
35 c. New York state thruway authority account (08).
36 d. Financial control board account (15).
37 e. Regulation of racing account (16).
38 f. New York metropolitan transportation council account (17).
39 g. Quality of care account (20).
40 h. Certificate of need account (26).
41 i. Hospital and nursing home management account (44).
42 j. State university dormitory income reimbursable account (47).
43 k. Energy research account (60).
44 l. Criminal justice improvement account (62).
45 m. Environmental laboratory reference fee account (81).
46 n. Clinical laboratory reference system assessment account (90).
47 o. Public employment relations board account (93).
48 p. Women, infants, and children (WIC) civil monetary account (94).
49 q. Radiological health protection account (95).
50 r. Teacher certification account (A4).
51 s. Banking department account (A5).
52 t. Cable television account (A6).
53 u. Hospital based grants program account (AF).
54 v. Indirect cost recovery account (AH).
55 w. High school equivalency program account (AI).
56 x. DOH administration account (AP).
S. 990 69 A. 1920
1 y. Rail safety inspection account (AQ).
2 z. Child support incentive revenue account (AX).
3 aa. Multi-agency training account (AY).
4 bb. Insurance department account (B6).
5 cc. Industry and utility service account (BK).
6 dd. Real property disposition account (BP).
7 ee. Parking account (BQ).
8 ff. Asbestos safety training program account (BW).
9 gg. Improvement of real property tax administration account (BZ).
10 hh. Public service account (C3).
11 ii. Plant industry account (CZ).
12 jj. Batavia school for the blind account (D9).
13 kk. Surplus property account (DE).
14 ll. Financial oversight account (DI).
15 mm. Regulation of indian gaming account (DT).
16 nn. Special conservation activities account (DU).
17 oo. Interest assessment account (DZ).
18 pp. Office of the professions account (E3).
19 qq. Rome school for the deaf account (E6).
20 rr. Seized assets account (E8).
21 ss. Administrative adjudication account (E9).
22 tt. Federal salary sharing account (EC).
23 uu. Cultural education account (EN).
24 vv. Examination and miscellaneous revenue account (ER).
25 ww. Transportation regulation account (F1).
26 xx. Consumer protection account (F2).
27 yy. State student financial aid audit account (FA).
28 zz. Local services account (G3).
29 aaa. Division of housing and community renewal housing information
30 systems special revenue account (H1).
31 bbb. Housing special revenue account (H2).
32 ccc. Department of motor vehicles compulsory insurance account (H7).
33 ddd. Housing Indirect cost recovery (HI).
34 eee. Housing credit agency application fee account (J5).
35 fff. EPIC premium account (J6).
36 ggg. Federal gasoline and diesel fuel excise tax account (L6).
37 hhh. Administrative reimbursement account (L7).
38 iii. Maternal and child HIV services account (LC).
39 jjj. Low income housing credit monitoring fee account (NG).
40 kkk. Procurement opportunities newsletter account (P4).
41 lll. Corporation administration account (P6).
42 mmm. Montrose veteran's home account (Q6).
43 nnn. Excelsior capital corporation reimbursement account (R1).
44 ooo. Motor fuel quality account (R4).
45 ppp. Weights and measures account (R5).
46 qqq. Deferred compensation administration account (R7).
47 rrr. Rent revenue other account (RR).
48 sss. Forge-proof prescriptions account (RX).
49 ttt. Batavia medicaid income account (S1).
50 uuu. Rent revenue account (S8).
51 vvv. Solid waste management account (W3).
52 www. Occupational health clinics account (W4).
53 xxx. Vital records management account (JA).
54 yyy. Tenured teacher hearing account.
55 zzz. Public authority governance account.
56 20. State university income fund (345):
S. 990 70 A. 1920
1 a. State university general income offset account (11).
2 21. State police and motor vehicle law enforcement fund (354):
3 a. State police motor vehicle law enforcement account (02).
4 22. Youth facilities improvement fund (357):
5 a. Youth facilities improvement account (01).
6 23. Highway safety program fund (362):
7 a. Highway safety program account (01).
8 24. Drinking water program management and administration fund (366):
9 a. EFC drinking water program account (01).
10 b. DOH drinking water program account (02).
11 25. New York city county clerks offset fund (368):
12 a. NYCCC operating offset account (01).
13 26. Housing assistance fund (374).
14 27. Housing program fund (376).
15 28. Department of transportation - engineering services fund (380):
16 a. Highway facility purpose account (01).
17 29. Miscellaneous capital projects fund (387):
18 a. Clean air capital account (08).
19 30. Mental hygiene facilities capital improvement fund (389).
20 31. Joint labor/management administration fund (394):
21 a. Joint labor/management administration fund (01).
22 32. Audit and control revolving fund (395):
23 a. Executive direction internal audit account (04).
24 33. Health insurance internal service fund (396):
25 a. Health insurance internal service account (00).
26 b. Civil service employee benefits div admin (01).
27 34. Correctional industries revolving fund (397).
28 35. Correctional facilities capital improvement fund (399).
29 36. Industrial exhibit authority fund (450)
30 37. Federal unemployment insurance administration fund (480):
31 a. UI administration (01).
32 38. Federal unemployment insurance occupational training fund (484):
33 a. Federal unemployment insurance occupational training (00).
34 b. Disaster relief grants (01).
35 c. OTA-WTC fund (WT).
36 39. Federal DOL grants (JTPA) (486):
37 a. DOL welfare to work (06).
38 b. SUNY SBDC (07).
39 c. DOL workforce investment act (09).
40 d. 5H90B - world trade (WT).
41 40. HCRA resources fund:
42 a. EPIC premium account.
43 b. Maternal and child HIV services account.
44 c. Hospital based grants program account.
45 d. Child health plus program account.
46 § 2. The state comptroller is hereby authorized and directed to loan
47 money in accordance with the provisions set forth in subdivision 5 of
48 section 4 of the state finance law to any account within the following
49 federal funds, provided the comptroller has made a determination that
50 sufficient federal grant award authority is available to reimburse such
51 loans:
52 1. Federal USDA-food and nutrition services fund (261).
53 2. Federal health and human services fund (265).
54 3. Federal education grants fund (267).
55 4. Federal block grant fund (269).
56 5. Federal operating grants fund (290).
S. 990 71 A. 1920
1 6. Federal capital projects fund (291).
2 § 3. Notwithstanding any law to the contrary, and in accordance with
3 section 4 of the state finance law, the comptroller is hereby authorized
4 and directed to transfer, upon request of the director of the budget, on
5 or before March 31, 2006, up to the unencumbered balance or the follow-
6 ing amounts:
7 Economic Development and Public Authorities:
8 1. $900,000 from the miscellaneous special revenue fund (339), bell
9 jar account (BJ), to the general fund.
10 2. $400,000 from the general fund to the miscellaneous special revenue
11 fund (339), regulation of racing account (16).
12 3. $16,000 from the miscellaneous special revenue fund (339), electric
13 generating intervenor account (02), to the general fund.
14 4. $401,000 from the miscellaneous special revenue fund (339), COCOT
15 account (IA), to the general fund.
16 5. $155,000 from the miscellaneous special revenue fund (339), under-
17 ground facilities safety training account (US), to the general fund.
18 6. $600,000 from the federal operating grants fund (290), PSC pipeline
19 safety grant account (L8), to the miscellaneous special revenue fund
20 (339), public service account (C3).
21 7. $46,669,000 from the miscellaneous special revenue fund (339),
22 business and licensing services account (AG), to the general fund.
23 8. $13,510,000 from the miscellaneous special revenue fund (339), code
24 enforcement account (07), to the general fund.
25 Education:
26 1. $2,093,500,000 from the general fund to the state lottery fund
27 (160), education account (03), as reimbursement for disbursements made
28 from such fund for supplemental aid to education pursuant to section
29 92-c of the state finance law that are in excess of the amounts deposit-
30 ed in such fund for such purposes pursuant to section 1612 of the tax
31 law.
32 2. $227,500,000 from the general fund to the state lottery fund (160),
33 VLT education account (06), as reimbursement for disbursements made from
34 such fund for supplemental aid to education pursuant to section 92-c of
35 the state finance law that are in excess of the amounts deposited in
36 such fund for such purposes pursuant to section 1612 of the tax law.
37 3. $300,000 from the local government records management improvement
38 fund (052) to the archives partnership trust fund (024).
39 4. $700,000 from the general fund to the miscellaneous special revenue
40 fund (339), Batavia school for the blind account (D9).
41 5. $600,000 from the general fund to the miscellaneous special revenue
42 fund (339), Rome school for the deaf account (E6).
43 6. $1,500,000 from the amounts appropriated in the general fund for
44 the private schools for the blind and deaf, up to $1,500,000 may be
45 transferred to the department of health miscellaneous special revenue
46 fund (339), quality assurance and audit revenue activities account (GB).
47 Notwithstanding any other law, rule or regulation to the contrary, funds
48 shall be available for transfer to the department of health miscella-
49 neous special revenue fund (339), quality assurance and audit revenue
50 activities account (GB), upon the approval by the director of the budget
51 of a staffing and expenditure plan developed by the department of health
52 in consultation with the state education department.
53 7. $35,000,000 from the state university dormitory income fund (330)
54 to the state university residence hall rehabilitation fund (074).
S. 990 72 A. 1920
1 8. $250,000,000 from the state university dormitory income fund (330)
2 to the miscellaneous special revenue fund (339), state university dormi-
3 tory income reimbursable account (47).
4 9. $25,000,000 from the state university dormitory income fund (330)
5 to the state university income fund (345), state university general
6 income fund reimbursable account (10), for SUNY corporate purposes.
7 10. $4,000,000 from the general fund to the miscellaneous special
8 revenue fund (339), volunteer recruitment service scholarships account
9 (VR).
10 11. $1,200,000 from the miscellaneous special revenue fund (339),
11 cultural education account (EN), to the general fund.
12 12. $1,000,000 from the miscellaneous special revenue fund (339),
13 cultural education account (EN), to the miscellaneous special revenue
14 fund (339), summer school of the arts account (38).
15 13. $150,000 from the miscellaneous special revenue fund (339),
16 improvement of real property tax administration account (BZ), to the
17 miscellaneous special revenue fund (339), indirect cost recovery account
18 (AH).
19 14. $64,000,000 from the state university income fund (345), state
20 university general income fund reimbursable account (10), to the general
21 fund.
22 Environmental Affairs:
23 1. $500,000 from the department of transportation's federal capital
24 projects fund (291) to the office of parks and recreation federal oper-
25 ating grants fund (290), miscellaneous operating grants account.
26 2. $20,000 from the miscellaneous special revenue fund (339), seal of
27 quality account (67), to the miscellaneous special revenue fund (339),
28 farm products inspection trust fund - williamson (65).
29 3. $450,000 from the miscellaneous special revenue fund (339), motor
30 fuel quality account (R4), to the general fund.
31 4. $52,000,000 from resources made available through the use of bond
32 financing for activities in the environmental protection fund (078),
33 environmental protection transfer account (01), to the general fund.
34 5. $40,300,000 from the environmental conservation special revenue
35 fund (301), waste tire management and recycling account (48) to the
36 general fund.
37 6. $10,000,000 from the state park infrastructure fund (076), state
38 infrastructure account (01), to the general fund.
39 7. $15,000,000 from the general fund to the hazardous waste remedial
40 fund (312), hazardous waste remediation oversight and assistance
41 account.
42 8. $7,000,000 from the environmental conservation special revenue fund
43 (301), environmental enforcement account (S5), to the general fund.
44 9. $3,500,000 from the general fund to the miscellaneous special
45 revenue account (339), wine industry marketing account (XE).
46 10. $700,000 from the miscellaneous special revenue fund (339),
47 consumer food industry account (99) to the general fund.
48 Family Assistance:
49 1. $10,000,000 from any of the office of children and family services,
50 office of temporary and disability assistance, or department of health
51 special revenue federal funds and the general fund, in accordance with
52 agreements with social services districts, to the miscellaneous special
53 revenue fund (339), office of human resources development state match
54 account (2C).
55 2. $3,000,000 from any of the office of children and family services
56 or office of temporary and disability assistance special revenue federal
S. 990 73 A. 1920
1 funds to the miscellaneous special revenue fund (339), family preserva-
2 tion and support services and family violence services account (GC).
3 3. $16,000,000 from any of the office of children and family services
4 or office of temporary and disability assistance special revenue federal
5 funds to the miscellaneous special revenue fund (339), office of chil-
6 dren and family services program account (L4).
7 4. $12,000,000 from any of the office of children and family services
8 special revenue federal funds to the general fund for title IV-E
9 reimbursement of youth facility costs.
10 5. $30,000,000 from any of the office of children and family services
11 or office of temporary and disability assistance special revenue federal
12 funds to the miscellaneous special revenue fund (339), office of chil-
13 dren and family services income account (AR).
14 6. $10,000,000 from any of the office of children and family services
15 or office of temporary and disability assistance special revenue funds
16 or the general fund to the miscellaneous special revenue fund (339),
17 connections account (WK).
18 7. $40,000,000 from any of the office of temporary and disability
19 assistance accounts within the federal health and human services fund
20 (265) to the general fund.
21 8. $6,300,000 From the federal health and human services fund (265) to
22 the miscellaneous special revenue fund (339), ODD earned revenue account
23 (AD).
24 9. $6,800,000 from any of the office of temporary and disability
25 assistance accounts within the federal health and human services fund
26 (265) to the miscellaneous special revenue fund (339), client notices
27 account (EG).
28 10. $10,000,000 from the general fund to the miscellaneous special
29 revenue fund (339), adult shelter sanction account (GA), for adult shel-
30 ter reimbursement disallowed or withheld from social services districts
31 by the commissioner of temporary and disability assistance.
32 11. $4,200,000 from the office of temporary and disability assistance
33 income maintenance general fund or any office of temporary and disabili-
34 ty assistance special revenue federal funds to the miscellaneous special
35 revenue fund (339), electronic benefit transfer and common benefit iden-
36 tification card account (GD).
37 12. $79,000,000 from any of the office of temporary and disability
38 assistance, department of health or office of children and family
39 services special revenue federal funds to the miscellaneous special
40 revenue fund (339), office of temporary and disability assistance income
41 account (L7).
42 13. $3,200,000 from the office of temporary and disability assistance
43 local administration general fund or any other office of temporary and
44 disability assistance special revenue federal funds to the miscellaneous
45 special revenue fund (339), disabilities determinations account (LF).
46 14. $4,000,000 from the federal block grant fund (269) to the miscel-
47 laneous special revenue fund (339), home energy assistance earned reven-
48 ue account (QA).
49 15. $7,500,000 from any of the office of temporary and disability
50 assistance or office of children and family services special revenue
51 federal funds to the miscellaneous special revenue fund (339), office of
52 temporary and disability assistance program account (AL).
53 16. $100,000 from the general fund to the miscellaneous special reven-
54 ue fund (339), office of temporary and disability assistance food
55 assistance program account (19).
S. 990 74 A. 1920
1 17. $500,000 from any of the office of temporary and disability
2 assistance special revenue federal funds to the miscellaneous special
3 revenue fund (339), food stamp recovery account (D4).
4 18. $50,000,000 from any of the office of children and family
5 services, office of temporary and disability assistance, department of
6 labor, and department of health special revenue federal funds to the
7 office of children and family services miscellaneous special revenue
8 fund (339), multi-agency training contract account (AY).
9 19. $1,000,000 from the general fund to the miscellaneous special
10 revenue fund (339), food stamp reinvestment account (CB).
11 20. $27,000,000 from the office of temporary and disability assistance
12 federal health and human services fund (265) to the miscellaneous
13 special revenue fund (339), child support incentive revenue account
14 (AX).
15 21. $6,300,000 from any of the office of children and family services,
16 office of temporary and disability assistance, department of labor, and
17 department of health special revenue federal funds to the office of
18 temporary and disability assistance miscellaneous special revenue fund
19 (339), multi-agency systems development account.
20 22. $2,000,000 from any of the office of temporary and disability
21 assistance special revenue federal funds, in accordance with agreements
22 with social services districts, to the miscellaneous special revenue
23 fund (339), OTDA office of human resources development state match
24 account.
25 23. $8,300,000 from any of the office of temporary and disability
26 assistance special revenue federal funds, to the miscellaneous special
27 revenue fund (339), OTDA training contract account.
28 24. $1,000,000 from the miscellaneous special revenue fund (339), FS
29 reinvestment account (CB), to the general fund.
30 25. $10,000,000 from the general fund to the miscellaneous special
31 revenue fund (339), local administrative waiver liability account.
32 General Government:
33 1. $800,000 from the miscellaneous special revenue fund (339), public
34 employment relations board account (93), to the general fund.
35 2. $112,000 from the miscellaneous special revenue fund (339), depart-
36 ment of civil service account (EH), to the general fund.
37 3. $775,000 from the miscellaneous special revenue fund (339), exam-
38 ination and miscellaneous revenue account (ER) to the general fund.
39 4. $12,500,000 from the general fund to the health insurance revolving
40 fund (396).
41 5. $192,400,000 from the health insurance reserve receipts fund (167)
42 to the general fund.
43 6. $150,000 from the general fund to the not-for-profit revolving loan
44 fund (055).
45 7. $150,000 from the not-for-profit revolving loan fund (055) to the
46 general fund.
47 8. $50,500,000 from the miscellaneous special revenue fund (339),
48 revenue arrearage account (CR), to the general fund.
49 9. $1,000,000 from the miscellaneous special revenue fund (339),
50 revenue average account (CR) to the miscellaneous special revenue fund
51 (339), public authority governance account.
52 10. $16,000,000 from the miscellaneous special revenue fund (339),
53 real property disposition account (BP), to the general fund.
54 11. $2,000,000 from the miscellaneous special revenue fund (339),
55 surplus property account (DE), to the general fund.
S. 990 75 A. 1920
1 12. $14,932,000 from the general fund to the miscellaneous special
2 revenue fund (339), alcoholic beverage control account (DB).
3 13. $1,300,000 from the general fund to the miscellaneous special
4 revenue fund (339), inspector general operations account (11).
5 14. $6,000,000 from the miscellaneous special revenue fund (339),
6 federal liability account (FL), to the general fund.
7 15. $10,000,000 from the centralized services fund (323), COPS account
8 (19), to the general debt service fund (311), debt service lease
9 payments account (01).
10 16. $3,000,000 from the centralized services fund (323), insurance
11 services account (17), to the general fund.
12 17. $2,000,000 from the miscellaneous internal service fund (334),
13 entrepreneurial technology account (21), to the general fund.
14 18. $3,200,000 from the miscellaneous special revenue fund (339),
15 parking services account (BQ), to the general debt service fund (311),
16 general debt services account (01).
17 Health:
18 1. $1,500,000 from any of the department of health accounts within the
19 federal health and human services fund (265) to the department of health
20 miscellaneous special revenue fund (339), quality assurance and audit
21 revenue activities account (GB).
22 2. $131,250,000 from any of the department of health accounts within
23 the federal health and human services fund (265) to the miscellaneous
24 special revenue fund (339), quality of care account (20).
25 3. $15,000,000 from the miscellaneous special revenue fund (339),
26 quality of care account (20), to the general fund.
27 4. $1,000,000 from the general fund to the combined gifts, grants and
28 bequests fund (020), breast cancer research and education account (BD),
29 an amount equal to the monies collected and deposited into that account
30 in the previous fiscal year.
31 5. $2,200,000 from the miscellaneous special revenue fund (339), vital
32 records management account (JA), to the general fund.
33 6. $2,464,000 from any of the department of health accounts within the
34 federal health and human services fund (265) to the department of health
35 miscellaneous special revenue fund (339), statewide planning and
36 research cooperation system (SPARCS) program account (03).
37 7. $2,000,000 from the miscellaneous special revenue fund (339),
38 triple prescription forms account (H5), to the general fund.
39 8. $1,500,000 from the miscellaneous special revenue fund (339),
40 certificate of need account (26), to the general fund.
41 9. $5,100 from the general fund to the miscellaneous special revenue
42 fund (339), adoption information registry account (01).
43 10. $1,400 from the general fund to the miscellaneous special revenue
44 fund (339), adult cystic fibrosis account (L5).
45 11. $150,000 from the general fund to the combined gifts, grants and
46 bequests fund (020), prostate cancer research, detection, and education
47 account, an amount equal to the moneys collected and deposited into that
48 account in the previous fiscal year.
49 12. $500,000 from the general fund to the combined gifts, grants and
50 bequests fund (020), Alzheimer's disease research and assistance account
51 (AA), an amount equal to the moneys collected and deposited into that
52 account in the previous fiscal year.
53 13. $1,500,000 from the miscellaneous special revenue fund (339),
54 nurses aide registry account (21), to the general fund.
55 14. $1,000,000 from the miscellaneous special revenue fund (339),
56 funeral directing account (FP), to the general fund.
S. 990 76 A. 1920
1 15. $2,500,000 from the miscellaneous special revenue fund (339),
2 provider 900 account (NH), to the general fund.
3 16. $2,500,000 from the general fund to the miscellaneous special
4 revenue fund (339), professional medical conduct account (H9).
5 Labor:
6 1. $600,000 from the labor standards miscellaneous special revenue
7 fund (339), fee and penalty account (30), to the child performer
8 protection fund (025), child performer protection account (CP).
9 2. $3,000,000 from the training and education program on occupational
10 safety and health fund (305), training and education account (01), to
11 the general fund.
12 3. $3,000,000 from the unemployment insurance interest and penalty
13 fund (482), interest and penalty account (01), to the general fund.
14 4. $40,000,000 from the unemployment insurance administration fund
15 (480), reemployment services account (02), to the unemployment insurance
16 administration fund (480), unemployment insurance administration account
17 (01).
18 5. $4,200,000 from the unemployment insurance administration fund
19 (480), unemployment insurance renovation account (06), to the unemploy-
20 ment insurance administration fund (480), unemployment insurance admin-
21 istration account (01).
22 6. $7,000,000 from the unemployment insurance administration fund
23 (480), unemployment insurance control account (04), to the unemployment
24 insurance administration fund (480), unemployment insurance adminis-
25 tration account (01).
26 Public Protection:
27 1. $3,300,000 from the general fund to the miscellaneous special
28 revenue fund (339), recruitment incentive account (U2).
29 2. $13,800,000 from the miscellaneous special revenue fund (339),
30 compulsory insurance account (H7), to the general fund.
31 3. $100,000 from the miscellaneous special revenue (339), state police
32 training academy account (TN), to the general fund.
33 4. $14,000,000 from the general fund to the correctional industries
34 revolving fund (397), correctional industries internal service account
35 (00).
36 5. $27,800,000 from the miscellaneous special revenue fund (339),
37 statewide public safety communications account (LZ), to the miscella-
38 neous special revenue fund (339), seized assets account (E8).
39 6. $1,500,000 from the miscellaneous special revenue fund (339),
40 statewide public safety communications account (LZ), to the combined
41 gifts, grants and bequests fund (020), New York state emergency services
42 revolving loan account (AU).
43 7. $10,000,000 from the miscellaneous special revenue fund (339),
44 statewide public safety communications account (LZ), to the miscella-
45 neous special revenue fund (339), local wireless public safety answering
46 point account (LW).
47 8. $19,000,000 from the miscellaneous special revenue fund (339),
48 statewide public safety communications account (LZ), to the general debt
49 service fund (311), revenue bond tax account (02).
50 9. $10,000,000 from federal miscellaneous operating grants fund (290),
51 DMNA damage account (71), to the general fund.
52 10. $2,200,000 from the miscellaneous special revenue fund (339),
53 fingerprint identification and technology account, to the general fund.
54 11. $5,000,000 from the general fund to the miscellaneous special
55 revenue fund (339), crimes against revenue program account.
S. 990 77 A. 1920
1 12. $6,600,000 from the federal miscellaneous operating grants fund
2 (290), world trade center account, to the general fund.
3 13. $2,000,000 from the general fund to the miscellaneous special
4 revenue fund (339), attica state employee victims' account.
5 Transportation:
6 1. $3,300,000 from the federal miscellaneous operating grants fund
7 (290) to the special revenue fund (339), tri-state federal regional
8 planning account (17).
9 2. $11,600,000 from the federal capital projects fund (291) to the
10 special revenue fund (339), tri-state federal regional planning account
11 (17).
12 3. $500,000 from the miscellaneous special revenue fund (339), trans-
13 portation surplus property account (42), to the general fund.
14 Mental Hygiene:
15 1. $3,700,000 from the miscellaneous special revenue fund (339),
16 mental hygiene patient income account (13), to the miscellaneous special
17 revenue fund (339), commission on quality of care federal salary sharing
18 account (EC).
19 2. $10,000,000 from the miscellaneous special revenue fund (339),
20 mental hygiene patient income account (13), to the miscellaneous special
21 revenue fund (339), office of alcoholism and substance abuse services
22 federal salary sharing account (EC).
23 3. $15,000,000 from the miscellaneous special revenue fund (339),
24 mental hygiene patient income account (13) to the miscellaneous special
25 revenue fund (339), provider of service account (05).
26 4. $15,000,000 from the general fund to the miscellaneous special
27 revenue fund (339), provider of service account (05).
28 Miscellaneous:
29 1. $75,000,000 from the general fund to any funds or accounts for the
30 purpose of reimbursing certain outstanding accounts receivable balances.
31 § 4. Notwithstanding any law to the contrary, and in accordance with
32 section 4 of the state finance law, the comptroller is hereby authorized
33 and directed to transfer, on or before March 31, 2006:
34 1. upon request of the director of the budget, up to $7,000,000 to the
35 miscellaneous special revenue fund (339), indirect cost recovery account
36 (AH), from the following special revenue funds/accounts of the state
37 education department:
38 a. From the local government records management improvement fund (052)
39 i. local government records management account (01)
40 b. the miscellaneous special revenue fund (339)
41 i. education library account (A3)
42 ii. teacher certification program account (A4)
43 iii. high school equivalency program account (AI)
44 iv. education archives account (G1)
45 v. education museum account (31)
46 vi. cultural education account (EN) and
47 vii. office of the professions account (E3)
48 b. the vocational rehabilitation fund (365)
49 c. the archives partnership trust funds (024)
50 i. archives partnership trust endorsement account (01)
51 ii. archives partnership trust special projects account (02)
52 iii. archives partnership trust operation and maintenance account (03)
53 2. upon request of the director of the budget, up to $14,300,000 to
54 the miscellaneous special revenue fund (339), indirect cost recovery
55 account (AH), from the following special revenue funds of the state
56 education department:
S. 990 78 A. 1920
1 a. From the federal USDA-food and nutrition services fund (261)
2 b. federal health and human services fund (265)
3 c. federal department of education fund (267)
4 d. federal block grants fund (269)
5 e. federal operating grants fund (290)
6 f. the unemployment insurance administration fund (480)
7 3. upon the request of the director of the budget, up to $200,000 from
8 the state education department internal service fund (334), cultural
9 resource survey account (14), to the miscellaneous special revenue fund
10 (339), indirect cost recovery account (AH).
11 4. upon request of the commissioner of environmental conservation, up
12 to $9,766,800 from revenues credited to any of the department of envi-
13 ronmental conservation special revenue funds, including $2,808,500 from
14 the environmental protection and oil spill compensation fund (303), and
15 $1,689,100 from the conservation fund (302), to the environmental
16 conservation special revenue fund (301), indirect charges account (BJ).
17 5. upon request of the commissioner of agriculture and markets, up to
18 $1,000,000 from any special revenue fund or enterprise fund within the
19 department of agriculture and markets to the miscellaneous special
20 revenue fund (339) administrative costs account, to pay appropriate
21 administrative expenses.
22 6. upon request of the commissioner of agriculture and markets, up to
23 $3,000,000 from the state exposition special fund (325), state fair
24 receipts account (01), or the industrial exhibit authority fund (450),
25 industrial exhibit authority account (01), to the miscellaneous capital
26 projects fund (387), state fair capital improvement account (13).
27 7. upon request of the commissioner of the division of housing and
28 community renewal, up to $2,911,000 from revenues credited to any divi-
29 sion of housing and community renewal miscellaneous special revenue fund
30 (339), including the application fee account (J5), the housing special
31 revenue account (H2), the low income housing monitoring account (NG), or
32 any federal (290) account including the department of energy weatheriza-
33 tion ac count (WS), the hud section 8 account (42), to the agency cost
34 recovery account (HI).
35 8. upon request of the commissioner of health up to $9,100,000 from
36 revenues credited to any of the department of health's special revenue
37 funds, to the miscellaneous special revenue fund (339), administration
38 account (AP).
39 § 5. Notwithstanding any law to the contrary, and in accordance with
40 section 4 of the state finance law, the comptroller is hereby authorized
41 and directed to transfer, upon request of the state university chancel-
42 lor or his designee, up to $12,000,000 from the state university income
43 fund (345), state university hospitals income reimbursable account (22)
44 under hospital income reimbursable for services and expenses of hospital
45 operations and capital expenditures at the state university hospitals,
46 and the state university income fund (345) Long Island veterans' home
47 account (09) to the state university capital projects fund (384) on or
48 before June 30, 2006.
49 § 6. Notwithstanding any law to the contrary, the state university
50 chancellor or his designee is authorized and directed to transfer esti-
51 mated tuition revenue balances from the state university collection fund
52 (344) to the state university fund (345), state university revenue
53 offset account (12) on March 29, 2006.
54 § 7. Notwithstanding any law to the contrary, and in accordance with
55 section 4 of the state finance law, the comptroller is hereby authorized
56 and directed to transfer, upon request of the director of the budget, up
S. 990 79 A. 1920
1 to $129,400,000 from the general fund to the state university income
2 fund (345), state university hospitals income reimbursable account (22)
3 during the period July 1, 2005 through June 30, 2006 to reflect ongoing
4 state subsidy of SUNY hospitals and to pay costs attributable to the
5 SUNY hospitals' state agency status.
6 § 8. Notwithstanding section 88-b of the state finance law or any law
7 to the contrary, and in accordance with section 4 of the state finance
8 law, the comptroller is hereby authorized and directed to transfer, upon
9 request of the director of the budget, up to $39,400,000 from the subur-
10 ban transportation fund (327) to the additional mass transportation
11 assistance fund (06).
12 § 8-a. On or before March 31, 2006, the comptroller is hereby author-
13 ized and directed to deposit earnings that would otherwise accrue to the
14 general fund that are attributable to the operation of section 98-a of
15 the state finance law, to the agencies internal service fund (334),
16 banking services account (12), for the purpose of meeting direct
17 payments from such account.
18 § 8-b. Notwithstanding any law to the contrary and in accordance with
19 section 4 of the state finance law, the comptroller is hereby authorized
20 and directed to transfer, upon request of the director of the budget,
21 moneys from the state lottery fund (160) VLT education account (06) up
22 to an amount deposited in such fund pursuant to section 1612 of the tax
23 law in excess of the current year appropriation for such purposes to the
24 state lottery fund (160) education account (03) for supplemental aid to
25 education pursuant to section 92-c of the state finance law.
26 § 8-c. Notwithstanding any provision of law to the contrary, the
27 dormitory authority of the state of New York is hereby authorized and
28 directed, upon request of the director of the budget, to pay $6,500,000
29 to the state comptroller. Upon receipt from the dormitory authority of
30 the state of New York, the state comptroller is authorized and directed
31 to deposit $6,500,000 to the credit of the state university income fund
32 (345), state university general income offset account (11) for the
33 state's share of repayment of the STIP loan related to SUNY hospitals.
34 § 9. Section 97-rrr of the state finance law, as added by section 7-a
35 of part A of chapter 56 of the laws of 1998, is amended by adding a new
36 subdivision 5 to read as follows:
37 5. Notwithstanding the provisions of section one hundred seventy-one-a
38 of the tax law, as separately amended by chapters four hundred eighty-
39 one and four hundred eighty-four of the laws of nineteen hundred eight-
40 y-one, or any other provisions of law to the contrary, during each
41 fiscal year, the state comptroller is hereby authorized and directed to
42 deposit into the school tax relief fund created pursuant to this
43 section, from amounts collected pursuant to article twenty-two of the
44 tax law, the amounts necessary to meet the purposes of such fund for
45 each fiscal year pursuant to a schedule submitted by the director of the
46 budget.
47 § 10. The comptroller is authorized and directed to deposit to the
48 general fund - state purposes account reimbursements from moneys appro-
49 priated or reappropriated to the correctional facilities capital
50 improvement fund (399) by a chapter of the laws of 2005. Reimbursements
51 shall be available for spending from appropriations made to the depart-
52 ment of correctional services in the general fund - state purposes
53 account by a chapter of the laws of 2005 for costs associated with the
54 administration and security of capital projects and for other costs
55 which are attributable, according to a plan, to such capital projects.
S. 990 80 A. 1920
1 § 11. Notwithstanding any law to the contrary, and in accordance with
2 section 4 of the state finance law, the comptroller, after consultation
3 with the state university chancellor or his or her designee, is hereby
4 authorized and directed to transfer moneys, in the first instance, from
5 the state university collection fund (344), Stony Brook hospital
6 collection account (07), Brooklyn hospital collection account (08), and
7 Syracuse hospital collection account (09) to the state university income
8 fund (345), state university hospitals income reimbursable account (22)
9 in the event insufficient funds are available in the state university
10 income fund (345), state university hospitals income reimbursable
11 account (22) to transfer moneys, in amounts sufficient to permit the
12 full transfer of moneys authorized for transfer, to the general debt
13 service fund (311) for payment of debt service related to the SUNY
14 hospitals. Notwithstanding any law to the contrary, the comptroller is
15 also hereby authorized and directed, after consultation with the state
16 university chancellor or his or her designee, to transfer moneys from
17 the state university income fund (345) to the state university income
18 fund (345), state university hospitals income reimbursable account (22)
19 in the event insufficient funds are available in the state university
20 income fund (345), state university hospitals income reimbursable
21 account (22) to pay hospital operating costs or to transfer moneys, in
22 amounts sufficient to permit the full transfer of moneys authorized for
23 transfer, to the general debt service fund (311) for payment of debt
24 service related to the SUNY hospitals.
25 § 12. Subdivision 5 of section 4 of the state finance law, as amended
26 by chapter 260 of the laws of 1993, is amended to read as follows:
27 5. No money or other financial resources shall be transferred or
28 temporarily loaned from one fund to another without specific statutory
29 authorization for such transfer or temporary loan, except that [the]
30 money or other financial resources of a fund may be temporarily loaned
31 to another fund only if such loan shall be repaid in full prior to the
32 end of each month during which such loan is outstanding, so that an
33 accurate accounting and reporting of the balance of financial resources
34 in each fund at the end of each month may be made. The comptroller is
35 hereby authorized to temporarily loan money from the general fund or any
36 other fund to the fund/accounts that are authorized to receive a loan.
37 Such loans shall be limited to the amounts immediately required to meet
38 disbursements, made in pursuance of an appropriation by law and author-
39 ized by a certificate of approval issued by the director of the budget
40 with copies thereof filed with the comptroller and the chair of the
41 senate finance committee and the chair of the assembly ways and means
42 committee. The director of the budget shall not issue such a certificate
43 unless he or she shall have determined that the amounts to be so loaned
44 are receivable on account. When making loans, the comptroller shall
45 establish appropriate accounts and if the loan is not repaid by the end
46 of the month, provide on or before the fifteenth day of the following
47 month to the director of the budget, the chair of the senate finance
48 committee and the chair of the assembly ways and means committee, an
49 accurate accounting and report of the financial resources of each such
50 fund at the end of such month. Within ten days of the receipt of such
51 accounting and reporting, the director of the budget shall provide the
52 chair of the senate finance committee and the chair of the assembly ways
53 and means committee with an expected schedule of repayment by fund and
54 by source for each outstanding loan. Repayment shall be made by the
55 comptroller from the first cash receipt of this fund.
S. 990 81 A. 1920
1 § 13. Subdivision 1 of section 98-a of the state finance law, as sepa-
2 rately amended by chapter 705 of the laws of 1993 and chapter 83 of the
3 laws of 1995 and the opening paragraph as amended by chapter 219 of the
4 laws of 1999, is amended to read as follows:
5 1. Except as otherwise provided in subdivision two of this section,
6 any moneys in the general fund of the state or moneys received from the
7 sale of any bonds or notes issued by the state, any moneys in any fund
8 or account of the state, heretofore or hereafter established, the
9 investment of which is not otherwise authorized and which are not imme-
10 diately required may be invested by the comptroller. Such moneys may be
11 invested only in obligations of the categories specified in subdivisions
12 one to five, both inclusive, and subdivision seven, subdivision four-
13 teen, as added by chapters seven hundred ninety-seven and nine hundred
14 thirty-two of the laws of nineteen hundred sixty-three, respectively,
15 subdivisions fifteen, sixteen and seventeen of section ninety-eight of
16 this article, maturing or redeemable at the option of the holder within
17 twelve years of the date of such investment, subdivisions two-a, eigh-
18 teen and nineteen of section ninety-eight of this article or in a
19 certificate of deposit of a bank or trust company in this state. Any
20 certificate of deposit shall be fully secured by the issuer thereof
21 depositing with the comptroller stocks, bonds, or notes of any county,
22 town, city, village, fire district or school district of this state
23 issued pursuant to law and maturing within five years from the date of
24 issuance of such certificate of deposit, bonds or notes or direct or
25 guaranteed obligation of the United States of America or its agencies or
26 of the state of New York or bonds and notes issued for any of the corpo-
27 rate purposes of the municipal assistance corporation for the city of
28 New York in an amount equal to the amount of such certificate of depos-
29 it. Any bonds, notes or certificates of deposit purchased with moneys of
30 the general fund shall be available always to pay any lawful appropri-
31 ation in force. Any bonds, notes or certificates of deposit purchased
32 with moneys received from the sale of any bonds or notes issued by the
33 state shall be available always for the purposes or purpose for which
34 such bonds or notes were issued. Any bonds, notes or certificates of
35 deposit purchased with moneys of any other funds shall be available
36 always for the purpose for which such fund was created. Unless other-
37 wise required by law, income received on any moneys invested pursuant to
38 this section shall be credited to the fund or funds from which such
39 moneys were invested, provided, however, the comptroller is hereby
40 precluded from crediting interest earnings to funds/accounts which:
41 (a) are funded entirely from the general fund; or
42 (b) are, or were, authorized to receive temporary loans pursuant to
43 subdivision five of section four of the state finance law; or
44 (c) are federal funds, except such funds which are required to earn
45 such interest pursuant to a court order or federal law or regulation; or
46 (d) are agency funds, except such funds which are held pending the
47 outcome of litigation or are required to earn interest pursuant to a
48 court order, contractual obligation, or state or federal law or regu-
49 lation, or are appropriated.
50 Notwithstanding the provisions of paragraph (b) of this subdivision,
51 the comptroller shall credit or charge interest to fund/accounts which
52 are authorized to receive temporary loans if so requested by the state
53 department or division responsible for such fund/account within thirty
54 days of the beginning of each fiscal year or thirty days following the
55 final approval of any bill containing language authorizing such tempo-
56 rary loans, whichever is later, and interest must be credited or charged
S. 990 82 A. 1920
1 from the first day of such fiscal year. Within ten days of the beginning
2 of each month, the comptroller shall credit or charge interest to such
3 funds/accounts based upon the average daily balance of the preceding
4 month of such funds/accounts and shall provide notification to the
5 director of the budget and the chairs of the senate finance and assembly
6 ways and means committees of such funds/accounts to be credited or
7 charged interest.
8 Provided, however, that income received from the investment of moneys
9 of the local assistance account, the state purposes account and the
10 capital projects fund may be credited in whole or in part to one or more
11 of such funds to the extent necessary to reimburse first instance appro-
12 priations for interest on temporary obligations issued on behalf of the
13 fund or funds to be credited. Notwithstanding any other provision of
14 this section or of any other general or special law, all moneys avail-
15 able and retained on deposit for the payment of lottery prizes may be
16 invested in obligations by the comptroller as herein provided, except
17 that such obligations need not mature or be redeemable at the option of
18 the holder within seven years of the date of such investment. Income
19 received from such investments may be used for the payment of prizes
20 awarded and made payable in more than one payment, including prizes
21 awarded and made payable throughout the lifetime of the lottery prize
22 winner.
23 § 14. (1) Pursuant to various chapters of the laws of 2005 making
24 appropriations for capital projects, such appropriations shall be deemed
25 to provide all costs necessary and pertinent to accomplish the intent of
26 the appropriation, including apportionments to departments, agencies, or
27 corporations for the purposes of the specific appropriation or for
28 payment to the construction management account of the centralized
29 services fund of the New York state office of general services for the
30 preparation and review of plans, specifications, estimates, services,
31 construction management and supervision, inspection, studies,
32 appraisals, surveys, testing, and environmental statements relating to
33 existing or proposed facilities.
34 Appropriations from the capital projects fund, the city university of
35 New York capital projects fund, the mental hygiene capital improvement
36 fund, the department of health facilities capital improvement fund, the
37 correctional facilities capital improvement fund, the youth facilities
38 improvement fund, the housing assistance fund, the housing program fund,
39 the engineering services fund, the dedicated highway and bridge trust
40 fund, the suburban transportation fund, the state park infrastructure
41 fund, the passenger facility charge fund, the state university residence
42 hall rehabilitation fund, the state university capital projects fund,
43 the New York state canal system development fund, the financial security
44 fund, the natural resources damages fund, the federal capital projects
45 fund, the regional aviation fund, and the hazardous waste remedial fund
46 are appropriated in accordance with the provisions of section 93 of the
47 state finance law. Moneys appropriated from each such fund type for
48 CCP's, for agency purposes within CCP's, and for projects sharing the
49 same agency purpose within a CCP may be transferred among projects with-
50 in a CCP in accordance with paragraphs (a) through (g) of subdivision 4
51 of section 93 of the state finance law and may be transferred among
52 purposes within a CCP subject to the limitations of paragraph (e) of
53 subdivision 4 of section 93 of the state finance law.
54 Notwithstanding the provisions of any general or special law, the
55 provisions of paragraphs (a) through (g) of subdivision 4 of section 93
56 of the state finance law which relate to the transfer of a portion of a
S. 990 83 A. 1920
1 capital appropriation to another capital appropriation shall be applica-
2 ble to appropriations from each fund.
3 (2) The following funds are eligible to be reimbursed from miscella-
4 neous receipts or the proceeds of notes or bonds sold by public authori-
5 ties, as specified in this subdivision:
6 (a) the health facilities capital improvement fund, from the proceeds
7 of the sale of notes or bonds issued by the New York state dormitory
8 authority or any other public authority;
9 (b) the dedicated highway and bridge trust fund, from miscellaneous
10 receipts, reimbursement for administrative costs of mailing services or
11 the proceeds of the sale of notes or bonds issued by the New York state
12 thruway authority or any other public authority;
13 (c) the youth facilities improvement fund and the correctional facili-
14 ties capital improvement fund, from the proceeds of the sale of notes or
15 bonds issued by the New York state urban development corporation or any
16 other public authority;
17 (d) the housing assistance fund and the housing program fund, from the
18 proceeds of the sale of notes or bonds issued by the housing finance
19 agency or any other public authority;
20 (e) the mental hygiene capital facilities improvement fund, from
21 miscellaneous receipts or the proceeds of the sale of notes or bonds
22 issued by the New York state dormitory authority as successor to the
23 medical care facilities financing agency pursuant to chapter 83 of the
24 laws of 1995 or the proceeds of the sale of notes or bonds issued by any
25 other public authority;
26 (f) the environmental protection fund, from miscellaneous receipts or
27 the proceeds of the sale of notes or bonds issued by the New York state
28 environmental facilities corporation or any other public authority. The
29 comptroller shall receive such reimbursements for deposit in the funds
30 so specified;
31 (g) the hazardous waste remedial fund, from miscellaneous receipts or
32 the proceeds of the sale of notes or bonds issued by the New York state
33 environmental facilities corporation or any other public authority; and
34 (h) the state park infrastructure fund, from miscellaneous receipts or
35 the proceeds of the sale of notes or bonds issued by the New York state
36 environmental facilities corporation or any other public authority.
37 (3) The comptroller is hereby authorized and directed to deposit
38 moneys received, as specified below:
39 (a) the engineering services fund shall receive reimbursements from
40 various capital appropriations;
41 (b) the financial security fund shall receive moneys recovered in
42 accordance with various required financial security arrangements for
43 environmental projects;
44 (c) the natural resources damages fund shall receive moneys recovered
45 from successful natural resource damage claims and related settlements;
46 and
47 (d) the regional aviation fund shall receive moneys from the lease of
48 Stewart Airport, including any payments due to the state from related
49 settlements or agreements.
50 (4) The comptroller shall certify monthly, to the director of the
51 budget and the chairs of the senate finance and assembly ways and means
52 committees, the total disbursements from the correctional facilities
53 capital improvement fund (399), the department of health facilities
54 capital improvement fund (071), the housing assistance fund (374), the
55 youth facilities improvement fund (357), the housing program fund (376),
56 and the mental hygiene capital improvement fund (389), the total
S. 990 84 A. 1920
1 reimbursements to such funds from bond proceeds, and the amount of
2 disbursements from such funds remaining to be financed with bond
3 proceeds. Once a year, as soon as practicable after March 31, the comp-
4 troller shall certify, to the director of the budget and the chairs of
5 the senate finance and assembly ways and means committees, for the
6 fiscal year just ended, total disbursements from the correctional facil-
7 ities capital improvement fund, the department of health facilities
8 capital improvement fund, the youth facilities improvement fund, the
9 housing assistance fund, the housing program fund, and the mental
10 hygiene capital improvement fund any amounts transferred from the capi-
11 tal projects fund to such funds for nonbondable disbursements, the total
12 reimbursements to such funds from bond proceeds, and the amount of
13 disbursements from such funds remaining to be financed with bond
14 proceeds.
15 (5) The dormitory authority of the state of New York and the depart-
16 ment of health shall report quarterly to the director of the budget the
17 amounts expended from appropriations in the capital projects fund which
18 are eligible for reimbursement from the proceeds of the bonds. The hous-
19 ing finance agency, in conjunction with the affordable housing corpo-
20 ration, the homeless housing assistance corporation and the commissioner
21 of the office of temporary and disability assistance, and the housing
22 trust fund corporation shall report quarterly to the director of the
23 budget on the amounts disbursed from appropriations in the housing
24 program fund and the housing assistance fund which are eligible for
25 repayment from the proceeds of the bonds. The dormitory authority of the
26 state of New York, as successor to the facilities development corpo-
27 ration pursuant to chapter 83 of the laws of 1995, and the office of
28 mental health, the office of mental retardation and developmental disa-
29 bilities, and the office of alcoholism and substance abuse services
30 shall report quarterly to the director of the budget on the amounts
31 disbursed from appropriations in the mental hygiene capital improvement
32 fund which are eligible for reimbursement from the proceeds of the
33 bonds. Such reports shall be submitted to the director of the budget no
34 later than July 30, October 31, January 30, and April 30 of each state
35 fiscal year. The director of the budget shall review these reports and
36 then certify to the comptroller amounts expended from these appropri-
37 ations which are reimbursable from bond proceeds. Until such time as the
38 director of the budget determines that the amounts disbursed from such
39 funds are not reimbursable from bond proceeds, all such disbursements
40 shall be considered to be reimbursable from bond proceeds. Upon such
41 certifications for the housing assistance fund, the housing program
42 fund, and the mental hygiene capital improvement fund, the comptroller
43 is hereby authorized to transfer from the capital projects fund, pursu-
44 ant to an appropriation, an amount equal to the amount of disbursements
45 from these appropriations which have not been certified as repayable
46 from bond proceeds.
47 § 15. Notwithstanding any other law, rule, or regulation to the
48 contrary, the comptroller is hereby authorized and directed to deposit,
49 to the credit of the capital projects fund, reimbursement from the
50 proceeds of notes and bonds issued by the environmental facilities
51 corporation or any other public authority for a capital appropriation
52 for $22,404,000 authorized by chapter 55 of the laws of 1999 to the
53 department of environmental conservation for payment of a portion of the
54 state's match for federal capitalization grants for the water pollution
55 control revolving loan fund, reimbursements for spending from various
56 appropriations for projects related to the New York City Watershed,
S. 990 85 A. 1920
1 reimbursement from the proceeds of notes and bonds issued by the envi-
2 ronmental facilities corporation or any other public authority for a
3 capital appropriation for $22,500,000 authorized by chapter 55 of the
4 laws of 1999 to the environmental facilities corporation for payment for
5 the jobs two thousand pipeline for jobs program, reimbursement from the
6 proceeds of notes and bonds issued by the dormitory authority or any
7 other public authority of the state of New York for a capital appropri-
8 ation for $47,500,000 authorized by chapter 55 of the laws of 1999 to
9 the office of science, technology and academic research for payment for
10 the jobs two thousand capital facilities program, reimbursement from the
11 proceeds of notes and bonds issued by the dormitory authority or any
12 other public authority of the state of New York for a capital appropri-
13 ation for $145,000,000 authorized by chapter 53 of the laws of 1999 to
14 the state education department for payment of capital construction
15 grants to school districts pursuant to the rebuilding schools to uphold
16 education program, and reimbursement from the proceeds of notes and
17 bonds issued by the urban development corporation or any other public
18 authority for a capital appropriation for $25,000,000 authorized by
19 chapter 55 of the laws of 1999 to all state agencies for payment of
20 costs related to economic development, land acquisition, and heritage
21 trail projects.
22 § 16. Notwithstanding any other law, rule, or regulation to the
23 contrary, the comptroller is hereby authorized and directed to deposit,
24 to the credit of the capital projects fund, reimbursement from the
25 proceeds of notes or bonds issued by the environmental facilities corpo-
26 ration or any other public authority for a capital appropriation for
27 $43,383,000 authorized by chapter 55 of the laws of 2000 to the depart-
28 ment of environmental conservation for payment of a portion of the
29 state's match for federal capitalization grants for the water pollution
30 control revolving loan fund, to reimburse spending from various appro-
31 priations for certain projects related to the New York City Watershed,
32 reimbursement from the proceeds of notes and bonds issued by the urban
33 development corporation or any other public authority for capital appro-
34 priation for $15,000,000 authorized by chapter 55 of the laws of 2000 to
35 the urban development corporation for payment of costs related to a
36 sports facility in the city of Rochester, reimbursement from the
37 proceeds of notes and bonds issued by the urban development corporation
38 of the state of New York for a capital appropriation for $50,000,000
39 authorized by chapter 55 of the laws of 2000 to the urban development
40 corporation for payment of costs related to economic development
41 projects in the downtown Buffalo, the Buffalo inner harbor area, or
42 surrounding environs, reimbursement from proceeds of notes and bonds
43 issued by the urban development corporation, the environmental facili-
44 ties corporation, the dormitory authority, or any other public authority
45 of the state of New York for a capital appropriation for $225,000,000
46 authorized by chapter 55 of the laws of 2000 to all state agencies for
47 payment of costs related to the strategic investment program, reimburse-
48 ment from the proceeds of notes and bonds issued by the dormitory
49 authority or any other public authority of the state of New York for a
50 capital appropriation for $50,000,000 authorized by chapter 53 of the
51 laws of 2000 to the state education department for payment of capital
52 construction grants to school districts pursuant to the rebuilding
53 schools to uphold education program, for reimbursement from the proceeds
54 of notes and bonds issued by the dormitory authority or any other public
55 authority of the state of New York for a capital appropriation for
56 $15,000,000 authorized by chapter 53 of the laws of 2000 to the office
S. 990 86 A. 1920
1 of children and family services for payment of costs related to the
2 child care facilities development program, and for reimbursement from
3 the proceeds of notes and bonds issued by the dormitory authority or any
4 other public authority of the state of New York for a capital appropri-
5 ation for $10,000,000 authorized by chapter 55 of the laws of 2000 to
6 the office of science, technology and academic research for payment of
7 costs related to biomedical research and/or manufacturing facilities.
8 § 17. Notwithstanding any other law, rule, or regulation to the
9 contrary, the comptroller is hereby authorized and directed to deposit
10 to the credit of the capital projects fund, reimbursement from the
11 proceeds of notes or bonds issued by the environmental facilities corpo-
12 ration or any other public authority for a capital appropriation for
13 $29,772,000 authorized by chapter 54 of the laws of 2001 to the depart-
14 ment of environmental conservation for payment of a portion of the
15 state's match for federal capitalization grants for the water pollution
16 control revolving loan fund.
17 § 18. Notwithstanding any other law, rule, or regulation to the
18 contrary, the comptroller is hereby authorized and directed to deposit,
19 to the credit of the capital projects fund, reimbursement from the
20 proceeds of notes or bonds issued by the environmental facilities corpo-
21 ration or any other public authority for a capital appropriation for
22 $29,365,000 authorized by chapter 54 of the laws of 2002 to the depart-
23 ment of environmental conservation for payment of a portion of the
24 state's match for federal capitalization grants for the water pollution
25 control revolving loan fund, reimbursement from the proceeds of notes
26 and bonds issued by the urban development corporation or any other
27 public authority or other financing source for a capital appropriation
28 for $89,000,000 authorized by chapter 50 of the laws of 2002 to the
29 office of general services for payment of capital construction costs for
30 the Alfred E. Smith office building located in the city of Albany,
31 reimbursement from the proceeds of notes and bonds issued by the urban
32 development corporation or any other public authority or other financing
33 source for capital appropriations for $1,500,000 authorized by chapter
34 50 of the laws of 2002 to the office of general services for payment of
35 capital construction costs for the Elk street parking garage building
36 located in the city of Albany, reimbursement from the proceeds of notes
37 or bonds issued by the urban development corporation or any other public
38 authority for disbursements of up to $12,000,000 from any capital appro-
39 priation or reappropriation authorized by chapter 50 of the laws of 2002
40 to the office of general services for various purposes, reimbursement
41 from the proceeds of notes or bonds issued by the environmental facili-
42 ties corporation or any other public authority for a capital appropri-
43 ation of $13,250,000 authorized by chapter 55 of the laws of 2002 to the
44 energy research and development authority for the Western New York
45 Nuclear Service Center at West Valley, reimbursement from the proceeds
46 of notes or bonds issued by the urban development corporation or any
47 other public authority for a capital appropriation of $14,300,000
48 authorized by chapter 55 of the laws of 2002 to the urban development
49 corporation to finance a portion of the jobs now program, reimbursement
50 from the proceeds of notes or bonds issued by the dormitory authority or
51 any other public authority for disbursements of up to $20,800,000 from
52 any capital appropriation or reappropriation authorized by chapter 51 of
53 the laws of 2002 to the judiciary for courthouse improvements,
54 reimbursement from the proceeds of notes or bonds issued by the urban
55 development corporation or any other public authority for disbursements
56 of up to $15,000,000 from appropriations or reappropriations authorized
S. 990 87 A. 1920
1 by chapter 50 of the laws of 2002 to any agency for costs related to
2 homeland security, and reimbursement from the proceeds of notes or bonds
3 issued by the environmental facilities corporation or any other public
4 authority for a capital appropriation of $10,000,000 authorized by chap-
5 ter 54 of the laws of 2002 to the department of environmental conserva-
6 tion for Onondaga Lake.
7 § 19. Notwithstanding any other law, rule, or regulation to the
8 contrary, the comptroller is hereby authorized and directed to deposit
9 to the credit of the capital projects fund, reimbursement from the
10 proceeds of notes or bonds issued by the environmental facilities corpo-
11 ration or any other public authority for a capital appropriation for
12 $30,174,000 authorized by chapter 55 of the laws of 2003 to the depart-
13 ment of environmental conservation for payment of a portion of the
14 state's match for federal capitalization grants for the water pollution
15 control revolving loan fund, reimbursement from the proceeds of notes or
16 bonds issued by the urban development corporation or any other public
17 authority or other financing source for a capital appropriation of
18 $19,500,000 authorized by chapter 50 of the laws of 2003 to the office
19 of general services for payment of capital construction costs for the
20 Elk street parking garage building located in the city of Albany,
21 reimbursement from the proceeds of notes or bonds issued by the urban
22 development corporation or any other public authority for disbursements
23 of up to $10,000,000 from any capital appropriation or reappropriation
24 authorized by chapter 50 of the laws of 2003 to the office of general
25 services for various purposes, reimbursement from the proceeds of notes
26 or bonds issued by the environmental facilities corporation or any other
27 public authority for a capital appropriation of $13,250,000 authorized
28 by chapter 55 of the laws of 2003 to the energy research and development
29 authority for the Western New York Nuclear Service Center at West
30 Valley, reimbursement from the proceeds of notes or bonds issued by the
31 dormitory authority or any other public authority for disbursements of
32 up to $16,400,000 from any capital appropriation or reappropriation
33 authorized by chapter 51 of the laws of 2003 to the judiciary for court-
34 house improvements, reimbursement from the proceeds of notes or bonds
35 issued by the urban development corporation or any other public authori-
36 ty for disbursements of up to $10,000,000 from appropriations or reap-
37 propriations authorized by chapter 50 of the laws of 2003 to any agency
38 for costs related to homeland security, reimbursement from the proceeds
39 of notes or bonds issued by the environmental facilities corporation or
40 any other public authority for a capital appropriation of $10,000,000
41 authorized by chapter 55 of the laws of 2003 to the department of envi-
42 ronmental conservation for Onondaga Lake, reimbursement from the
43 proceeds of notes or bonds issued by the environmental facilities corpo-
44 ration or any other public authority for disbursements of up to
45 $11,000,000 from any capital appropriations or reappropriations author-
46 ized by chapter 55 of the laws of 2003 to the department of environ-
47 mental conservation for environmental purposes, and reimbursement from
48 the proceeds of notes or bonds issued by the dormitory authority or any
49 other public authority for disbursements of up to $100,000,000 from a
50 capital appropriation authorized by chapter 50 of the laws of 2003 to
51 the department of state for enhanced 911 wireless service.
52 § 20. Notwithstanding any other law, rule, or regulation to the
53 contrary, the comptroller is hereby authorized and directed to deposit
54 to the credit of the capital projects fund, reimbursement from the
55 proceeds of notes or bonds issued by the environmental facilities corpo-
56 ration or any other public authority for a capital appropriation for
S. 990 88 A. 1920
1 $28,893,000 authorized by chapter 55 of the laws of 2004 to the depart-
2 ment of environmental conservation for payment of a portion of the
3 state's match for federal capitalization grants for the water pollution
4 control revolving loan fund, reimbursement from the proceeds of notes or
5 bonds issued by reimbursement from the proceeds of notes or bonds issued
6 by the urban development corporation or any other public authority for
7 disbursements of up to $10,000,000 from any capital appropriation or
8 reappropriation authorized by chapter 50 of the laws of 2004 to the
9 office of general services for various purposes, reimbursement from the
10 proceeds of notes or bonds issued by the environmental facilities corpo-
11 ration or any other public authority for a capital appropriation of
12 $11,350,000 authorized by chapter 55 of the laws of 2004 to the energy
13 research and development authority for the Western New York Nuclear
14 Service Center at West Valley, reimbursement from the proceeds of notes
15 or bonds issued by the environmental facilities corporation or any other
16 public authority for a capital appropriation of $10,000,000 authorized
17 by chapter 55 of the laws of 2004 to the department of environmental
18 conservation for Onondaga Lake, reimbursement from the proceeds of notes
19 or bonds issued by the environmental facilities corporation or any other
20 public authority for disbursements of up to $11,000,000 from any capital
21 appropriations or reappropriations authorized by chapter 55 of the laws
22 of 2004 to the department of environmental conservation for environ-
23 mental purposes, reimbursement from the proceeds of notes or bonds
24 issued by the dormitory authority or any other public authority for a
25 capital appropriation of $80,000,000 authorized by chapter 53 of the
26 laws of 2004 to the education department for capital transition grants
27 for transportation, reimbursement from the proceeds of notes or bonds
28 issued by the urban development corporation or any other public authori-
29 ty for a capital appropriation of $250,000,000 authorized by chapter 55
30 of the laws of 2004 to the urban development corporation for payment of
31 costs related to economic development projects and reimbursement from
32 the proceeds of notes or bonds issued by the urban development corpo-
33 ration or any other public authority for a capital appropriation of
34 $350,000,000 authorized by chapter 3 of the laws of 2004 for the New
35 York state economic development program.
36 § 21. Notwithstanding any other law, rule, or regulation to the
37 contrary, the comptroller is hereby authorized and directed to deposit
38 to the credit of the capital projects fund, reimbursement from the
39 proceeds of notes or bonds issued by the environmental facilities corpo-
40 ration or any other public authority for a capital appropriation for
41 $29,602,000 authorized by a chapter of the laws of 2005 to the depart-
42 ment of environmental conservation for payment of a portion of the
43 state's match for federal capitalization grants for the water pollution
44 control revolving loan fund, reimbursement from the proceeds of notes or
45 bonds issued by reimbursement from the proceeds of notes or bonds issued
46 by the urban development corporation or any other public authority for
47 disbursements of up to $10,000,000 from any capital appropriation or
48 reappropriation authorized by a chapter of the laws of 2005 to the
49 office of general services for various purposes, reimbursement from the
50 proceeds of notes or bonds issued by the environmental facilities corpo-
51 ration or any other public authority for a capital appropriation of
52 $11,350,000 authorized by a chapter of the laws of 2005 to the energy
53 research and development authority for the Western New York Nuclear
54 Service Center at West Valley, reimbursement from the proceeds of notes
55 or bonds issued by the environmental facilities corporation or any other
56 public authority for a capital appropriation of $10,000,000 authorized
S. 990 89 A. 1920
1 by a chapter of the laws of 2005 to the department of environmental
2 conservation for Onondaga Lake, reimbursement from the proceeds of notes
3 or bonds issued by the environmental facilities corporation or any other
4 public authority for disbursements of up to $11,000,000 from any capital
5 appropriations or reappropriations authorized by a chapter of the laws
6 of 2005 to the department of environmental conservation for environ-
7 mental purposes, reimbursement from the proceeds of notes or bonds
8 issued by the urban development corporation or any other public authori-
9 ty for a capital appropriation of $250,000,000 authorized by a chapter
10 of the laws of 2005 to the urban development corporation for payment of
11 costs related to the New York state technology and development program,
12 reimbursement from the proceeds of notes or bonds issued by the dormito-
13 ry authority or any other public authority for a capital appropriation
14 of $250,000,000 authorized by a chapter of the laws of 2005 to all state
15 departments and agencies for the higher education facilities capital
16 matching grants program, reimbursement from the proceeds of notes or
17 bonds issued by the urban development corporation or any other public
18 authority for a capital appropriation of $350,000,000 for the Javits
19 Center expansion, reimbursement from the proceeds of notes or bonds
20 issued by the urban development corporation or any other public authori-
21 ty for a capital appropriation of $90,000,000 for the strategic partner-
22 ship for upstate resurgence program, reimbursement from the proceeds of
23 notes or bonds issued by the urban development corporation or any other
24 public authority or other financing source for a capital appropriation
25 of $4,000,000 authorized by a chapter of the laws of 2005 to the office
26 of general services for payment of capital construction costs for the
27 Elk street parking garage building located in the city of Albany,
28 reimbursement from the proceeds of notes or bonds issued by the dormito-
29 ry authority or any other public authority for a capital appropriation
30 of $15,000,000 authorized by a chapter of the laws of 2005 to the state
31 education department for payment of capital construction costs for
32 public broadcasting facilities, reimbursement from the proceeds of notes
33 or bonds issued by the urban development corporation or any other public
34 authority for a capital appropriation of $15,700,000 authorized by a
35 chapter of the laws of 2005 to the division of state police for public
36 protection facilities, and reimbursement from the proceeds of notes or
37 bonds issued by the urban development corporation or any other public
38 authority for capital disbursements of up to $3,000,000 from any capital
39 appropriation or reappropriation authorized by a chapter of the laws of
40 2005 to the division of military and naval affairs for various purposes.
41 § 22. Notwithstanding any other law, rule, or regulation to the
42 contrary, the state comptroller is hereby authorized and directed to use
43 any balance remaining in the mental health services fund debt service
44 appropriation, after payment by the state comptroller of all obligations
45 of the facilities development corporation or any successor agency there-
46 of, required pursuant to any lease, sublease, or other financing
47 arrangement between the facilities development corporation, the dormito-
48 ry authority of the state of New York as successor to the New York state
49 medical care facilities financing agency, and the facilities development
50 corporation pursuant to chapter 83 of the laws of 1995 and the depart-
51 ment of mental hygiene for the purpose of making payments to such agency
52 for the amount of the earnings for the investment of monies deposited in
53 the mental health services fund that such agency determines will or may
54 have to be rebated to the federal government pursuant to the provisions
55 of the internal revenue code of 1986, as amended, in order to enable
56 such agency to maintain the exemption from federal income taxation on
S. 990 90 A. 1920
1 the interest paid to the holders of such agency's mental services facil-
2 ities improvement revenue bonds. On or before June 30, 2006, such agency
3 shall certify to the state comptroller its determination of the amounts
4 received in the mental health services fund as a result of the invest-
5 ment of monies deposited therein that will or may have to be rebated to
6 the federal government pursuant to the provisions of the internal reven-
7 ue code of 1986, as amended.
8 § 23. (1) Notwithstanding any other law, rule, or regulation to the
9 contrary, the state comptroller shall at the commencement of each month
10 certify to the director of the budget, the commissioner of environmental
11 conservation, the chair of the senate finance committee, and the chair
12 of the assembly ways and means committee the amounts disbursed from all
13 appropriations for hazardous waste site remediation disbursements for
14 the month preceding such certification.
15 (2) Notwithstanding any law to the contrary, prior to the issuance by
16 the comptroller of bonds authorized pursuant to subdivision a of section
17 4 of the environmental quality bond act of nineteen hundred eighty-six,
18 as enacted by chapter 511 of the laws of 1986, disbursements from all
19 appropriations for that purpose shall first be reimbursed from moneys
20 credited to the hazardous waste remedial fund, site investigation and
21 construction account, to the extent moneys are available in such
22 account. For purposes of determining moneys available in such account,
23 the commissioner of environmental conservation shall certify to the
24 comptroller the amounts required for administration of the hazardous
25 waste remedial program.
26 (3) The comptroller is hereby authorized and directed to transfer any
27 balance above the amounts certified by the commissioner of environmental
28 conservation to reimburse disbursements pursuant to all appropriations
29 from such site investigation and construction account; provided, howev-
30 er, that if such transfers are determined by the comptroller to be
31 insufficient to assure that interest paid to holders of state obli-
32 gations issued for hazardous waste purposes pursuant to the environ-
33 mental quality bond act of nineteen hundred eighty-six, as enacted by
34 chapter 511 of the laws of 1986, is exempt from federal income taxation,
35 the comptroller is hereby authorized and directed to transfer, from such
36 site investigation and construction account to the general fund, the
37 amount necessary to redeem bonds in an amount necessary to assure the
38 continuation of such tax exempt status. Prior to the making of any such
39 transfers, the comptroller shall notify the director of the budget of
40 the amount of such transfers.
41 § 24. Paragraph (a) of subdivision 2 of section 47-e of the private
42 housing finance law, as amended by section 18 of part II of chapter 59
43 of the laws of 2004, is amended to read as follows:
44 (a) Subject to the provisions of chapter fifty-nine of the laws of two
45 thousand, in order to enhance and encourage the promotion of housing
46 programs and thereby achieve the stated purposes and objectives of such
47 housing programs, the agency shall have the power and is hereby author-
48 ized from time to time to issue negotiable housing program bonds and
49 notes in such principal amount as shall be necessary to provide suffi-
50 cient funds for the repayment of amounts disbursed (and not previously
51 reimbursed) pursuant to a chapter of the laws of two thousand [four]
52 five or any prior year making capital appropriations or reappropriations
53 for the purposes of the housing program; provided, however, that the
54 agency may issue such bonds and notes in an aggregate principal amount
55 not exceeding one billion [six] seven hundred [twenty-six] sixty-six
56 million dollars, plus a principal amount of bonds issued to fund the
S. 990 91 A. 1920
1 debt service reserve fund in accordance with the debt service reserve
2 fund requirement established by the agency and to fund any other
3 reserves that the agency reasonably deems necessary for the security or
4 marketability of such bonds and to provide for the payment of fees and
5 other charges and expenses, including underwriters' discount, trustee
6 and rating agency fees, bond insurance, credit enhancement and liquidity
7 enhancement related to the issuance of such bonds and notes. No reserve
8 fund securing the housing program bonds shall be entitled or eligible to
9 receive state funds apportioned or appropriated to maintain or restore
10 such reserve fund at or to a particular level, except to the extent of
11 any deficiency resulting directly or indirectly from a failure of the
12 state to appropriate or pay the agreed amount under any of the contracts
13 provided for in subdivision four of this section.
14 § 25. Paragraph (a) of subdivision 5 of section 47-e of the private
15 housing finance law, as amended by section 19 of part II of chapter 59
16 of the laws of 2004, is amended to read as follows:
17 (a) Subject to the provisions of chapter fifty-nine of the laws of two
18 thousand, upon the issuance of housing program bonds or notes, the agen-
19 cy shall apply such amount of the proceeds thereof as shall be desig-
20 nated and specified in the bond or note resolution or resolutions
21 authorizing the issuance of such bonds or notes to the specific funds
22 and/or accounts of one or more housing programs. The bond resolution or
23 resolutions authorizing the issuance of such bonds or notes shall only
24 allocate net proceeds of bonds or notes to a particular fund or account
25 of a housing program if the legislature has authorized in a chapter of
26 the laws of two thousand [four] five or any prior year an advance to
27 such fund or account, and the amount of such bond or note proceeds so
28 allocated to such fund or account shall not exceed the total amount so
29 authorized to be advanced. Such proceeds shall be disbursed to such a
30 fund or account in accordance with such allocation only for application
31 to the repayment of advances previously or thereupon made and not previ-
32 ously repaid. Such proceeds may not be transferred from an entity
33 authorized to administer a housing program to the state or a fund of the
34 state, except in repayment of such advances. Except in the case of
35 refunding bonds or notes authorized hereunder, any net proceeds not so
36 allocated or disbursed shall be utilized first to pay debt service on
37 the applicable bonds or notes in the current or the succeeding fiscal
38 year and second to the redemption of such bonds; provided that such
39 application may be adjusted to comply with applicable federal law as to
40 federal tax exemption. For purposes of this paragraph, earnings from the
41 investment of net proceeds shall be treated as net proceeds.
42 § 26. Subdivision 1 of section 16 of part D of chapter 389 of the laws
43 of 1997, relating to the financing of the correctional facilities
44 improvement fund and the youth facility improvement fund, as amended by
45 section 20 of part II of chapter 59 of the laws of 2004, is amended to
46 read as follows:
47 1. Subject to the provisions of chapter 59 of the laws of 2000, but
48 notwithstanding the provisions of section 18 of section 1 of chapter 174
49 of the laws of 1968, the New York state urban development corporation is
50 hereby authorized to issue bonds, notes and other obligations in an
51 aggregate principal amount not to exceed four billion [six] eight
52 hundred [fifty] fifty-five million six hundred ninety-three thousand
53 dollars [($4,650,693,000)] ($4,855,693,000), and shall include all
54 bonds, notes and other obligations issued pursuant to chapter 56 of the
55 laws of 1983, as amended or supplemented. The proceeds of such bonds,
56 notes or other obligations shall be paid to the state, for deposit in
S. 990 92 A. 1920
1 the correctional facilities capital improvement fund to pay for all or
2 any portion of the amount or amounts paid by the state from appropri-
3 ations or reappropriations made to the department of correctional
4 services from the correctional facilities capital improvement fund for
5 capital projects. The aggregate amount of bonds, notes or other obli-
6 gations authorized to be issued pursuant to this section shall exclude
7 bonds, notes or other obligations issued to refund or otherwise repay
8 bonds, notes or other obligations theretofore issued, the proceeds of
9 which were paid to the state for all or a portion of the amounts
10 expended by the state from appropriations or reappropriations made to
11 the department of correctional services; provided, however, that upon
12 any such refunding or repayment the total aggregate principal amount of
13 outstanding bonds, notes or other obligations may be greater than four
14 billion [six] eight hundred [fifty] fifty-five million six hundred nine-
15 ty-three thousand dollars [($4,650,693,000] ($4,855,693,000), only if
16 the present value of the aggregate debt service of the refunding or
17 repayment bonds, notes or other obligations to be issued shall not
18 exceed the present value of the aggregate debt service of the bonds,
19 notes or other obligations so to be refunded or repaid. For the purposes
20 hereof, the present value of the aggregate debt service of the refunding
21 or repayment bonds, notes or other obligations and of the aggregate debt
22 service of the bonds, notes or other obligations so refunded or repaid,
23 shall be calculated by utilizing the effective interest rate of the
24 refunding or repayment bonds, notes or other obligations, which shall be
25 that rate arrived at by doubling the semi-annual interest rate
26 (compounded semi-annually) necessary to discount the debt service
27 payments on the refunding or repayment bonds, notes or other obligations
28 from the payment dates thereof to the date of issue of the refunding or
29 repayment bonds, notes or other obligations and to the price bid includ-
30 ing estimated accrued interest or proceeds received by the corporation
31 including estimated accrued interest from the sale thereof.
32 § 27. (a) Subject to the provisions of chapter 59 of the laws of 2000,
33 but notwithstanding any provisions of law to the contrary, one or more
34 authorized issuers as defined by section 68-a of the state finance law
35 are hereby authorized to issue bonds or notes in one or more series in
36 an aggregate principal amount not to exceed $15,700,000, excluding bonds
37 issued to finance one or more debt service reserve funds, to pay costs
38 of issuance of such bonds, and bonds or notes issued to refund or other-
39 wise repay such bonds or notes previously issued, for the purpose of
40 financing capital projects for division of state police facilities, debt
41 service and leases; and to reimburse the state general fund for
42 disbursements made therefor. Such bonds and notes of such authorized
43 issuer shall not be a debt of the state, and the state shall not be
44 liable thereon, nor shall they be payable out of any funds other than
45 those appropriated by the state to such authorized issuer for debt
46 service and related expenses pursuant to any service contract executed
47 pursuant to subdivision (b) of this section and such bonds and notes
48 shall contain on the face thereof a statement to such effect. Except for
49 purposes of complying with the internal revenue code, any interest
50 income earned on bond proceeds shall only be used to pay debt service on
51 such bonds.
52 (b) Notwithstanding any provisions of law to the contrary, in order to
53 assist such authorized issuer in undertaking the administration and
54 financing of the projects authorized pursuant to subdivision (a) of this
55 section, the director of the budget is hereby authorized to enter into
56 one or more service contracts with such authorized issuer; none of which
S. 990 93 A. 1920
1 shall exceed more than twenty years in duration, upon such terms and
2 conditions as the director of the budget and such authorized issuer
3 agree, so as to annually provide to such authorized issuer, in the
4 aggregate, a sum not to exceed the annual debt service payments and
5 related expenses required for the bonds and notes issued pursuant to
6 this section. Any service contract entered into pursuant to this subdi-
7 vision shall provide that the obligation of the state to pay the amount
8 therein provided shall not constitute a debt of the state within the
9 meaning of any constitutional or statutory provision and shall be deemed
10 executory only to the extent of monies available and that no liability
11 shall be incurred by the state beyond the monies available for such
12 purposes, subject to annual appropriation by the legislature. Any such
13 contract or any payments made or to be made thereunder may be assigned
14 or pledged by such authorized issuer as security for its bonds and
15 notes, as authorized by this section.
16 § 28. (a) Subject to the provisions of chapter 59 of the laws of 2000,
17 but notwithstanding any provisions of law to the contrary, one or more
18 authorized issuers as defined by section 68-a of the state finance law
19 are hereby authorized to issue bonds or notes in one or more series in
20 an aggregate principal amount not to exceed $15,000,000, excluding bonds
21 issued to finance one or more debt service reserve funds, to pay costs
22 of issuance of such bonds, and bonds or notes issued to refund or other-
23 wise repay such bonds or notes previously issued, for the purpose of
24 financing capital projects for public protection facilities in the Divi-
25 sion of Military and Naval Affairs, debt service and leases; and to
26 reimburse the state general fund for disbursements made therefor. Such
27 bonds and notes of such authorized issuer shall not be a debt of the
28 state, and the state shall not be liable thereon, nor shall they be
29 payable out of any funds other than those appropriated by the state to
30 such authorized issuer for debt service and related expenses pursuant to
31 any service contract executed pursuant to subdivision (b) of this
32 section and such bonds and notes shall contain on the face thereof a
33 statement to such effect. Except for purposes of complying with the
34 internal revenue code, any interest income earned on bond proceeds shall
35 only be used to pay debt service on such bonds.
36 (b) Notwithstanding any provisions of law to the contrary, in order to
37 assist such authorized issuer in undertaking the administration and
38 financing of the projects authorized pursuant to subdivision (a) of this
39 section, the director of the budget is hereby authorized to enter into
40 one or more service contracts with such authorized issuer; none of which
41 shall exceed more than twenty years in duration, upon such terms and
42 conditions as the director of the budget and such authorized issuer
43 agree, so as to annually provide to such authorized issuer, in the
44 aggregate, a sum not to exceed the annual debt service payments and
45 related expenses required for the bonds and notes issued pursuant to
46 this section. Any service contract entered into pursuant to this subdi-
47 vision shall provide that the obligation of the state to pay the amount
48 therein provided shall not constitute a debt of the state within the
49 meaning of any constitutional or statutory provision and shall be deemed
50 executory only to the extent of monies available and that no liability
51 shall be incurred by the state beyond the monies available for such
52 purposes, subject to annual appropriation by the legislature. Any such
53 contract or any payments made or to be made thereunder may be assigned
54 or pledged by such authorized issuer as security for its bonds and
55 notes, as authorized by this section.
S. 990 94 A. 1920
1 § 29. Subdivision 3 of section 1285-p of the public authorities law,
2 as amended by section 21 of part II of chapter 59 of the laws of 2004,
3 is amended to read as follows:
4 3. The maximum amount of bonds that may be issued for the purpose of
5 financing environmental infrastructure projects authorized by this
6 section shall be [three hundred six] four hundred eleven million
7 dollars, exclusive of bonds issued to fund any debt service reserve
8 funds, pay costs of issuance of such bonds, and bonds or notes issued to
9 refund or otherwise repay bonds or notes previously issued. Such bonds
10 and notes of the corporation shall not be a debt of the state, and the
11 state shall not be liable thereon, nor shall they be payable out of any
12 funds other than those appropriated by the state to the corporation for
13 debt service and related expenses pursuant to any service contracts
14 executed pursuant to subdivision one of this section, and such bonds and
15 notes shall contain on the face thereof a statement to such effect.
16 § 30. Section 48 of part K of chapter 81 of the laws of 2002, relating
17 to providing for the administration of certain funds and accounts
18 related to the 2002-2003 budget, as amended by section 22 of part II of
19 chapter 59 of the laws of 2004, is amended to read as follows:
20 § 48. (a) Subject to the provisions of chapter 59 of the laws of 2000,
21 but notwithstanding the provisions of section 18 of the urban develop-
22 ment corporation act, the corporation is hereby authorized to issue
23 bonds or notes in one or more series in an aggregate principal amount
24 not to exceed $25,000,000 excluding bonds issued to fund one or more
25 debt service reserve funds, to pay costs of issuance of such bonds, and
26 bonds or notes issued to refund or otherwise repay such bonds or notes
27 previously issued, for the purpose of financing capital costs related to
28 homeland security for the division of state police, the division of
29 military and naval affairs, and any other state agency, including the
30 reimbursement of any disbursements made from the state capital projects
31 fund, and is hereby authorized to issue bonds or notes in one or more
32 series in an aggregate principal amount not to exceed [$32,000,000]
33 $42,000,000, excluding bonds issued to fund one or more debt service
34 reserve funds, to pay costs of issuance of such bonds, and bonds or
35 notes issued to refund or otherwise repay such bonds or notes previously
36 issued, for the purpose of financing improvements to State office build-
37 ings and other facilities located statewide, including the reimbursement
38 of any disbursements made from the state capital projects fund. Such
39 bonds and notes of the corporation shall not be a debt of the state, and
40 the state shall not be liable thereon, nor shall they be payable out of
41 any funds other than those appropriated by the state to the corporation
42 for debt service and related expenses pursuant to any service contracts
43 executed pursuant to subdivision (b) of this section, and such bonds and
44 notes shall contain on the face thereof a statement to such effect.
45 Except for purposes of complying with the internal revenue code, any
46 interest income earned on bond proceeds shall only be used to pay debt
47 service on such bonds.
48 (b) Notwithstanding any provisions of law to the contrary, in order to
49 assist the corporation in undertaking the administration and financing
50 of the project authorized pursuant to subdivision (a) of this section,
51 the director of the budget is hereby authorized to enter into one or
52 more service contracts with the corporation, none of which shall exceed
53 twenty years in duration, upon such terms and conditions as the director
54 of the budget and the corporation agree, so as to annually provide to
55 the corporation, in the aggregate, a sum not to exceed the annual debt
56 service payments and related expenses required for the bonds and notes
S. 990 95 A. 1920
1 issued pursuant to this section. Any service contract entered into
2 pursuant to this subdivision shall provide that the obligation of the
3 state to pay the amounts therein provided for shall not constitute a
4 debt of the state within the meaning of any constitutional or statutory
5 provision and shall be deemed executory only to the extent of monies
6 available and that no liability shall be incurred by the state beyond
7 the monies available for such purposes, subject to annual appropriation
8 by the legislature. Any such service contract or any payments made or to
9 be made thereunder may be assigned and pledged by the corporation as
10 security for its bonds and notes, as authorized by this section.
11 § 31. Section 35 of part K of chapter 81 of the laws of 2002, relat-
12 ing to the financing of the Elk street parking garage building located
13 in the city of Albany, as amended by section 22 of part P2 of chapter 62
14 of the laws of 2003, is amended to read as follows:
15 § 35. (a) Subject to the provisions of chapter 59 of the laws of 2000,
16 but notwithstanding the provisions of section 18 of the New York state
17 urban development corporation act, the urban development corporation is
18 hereby authorized to issue bonds or notes in one or more series in an
19 aggregate principal amount not to exceed [$21,000,000] $25,000,000,
20 excluding bonds issued to fund one or more debt service reserve funds,
21 to pay costs of issuance of such bonds, and bonds or notes issued to
22 refund or otherwise repay such bonds or notes previously issued, for the
23 purpose of financing the Elk street parking garage building located in
24 the city of Albany, including the reimbursement of any disbursements
25 made from the state capital projects fund. Such bonds and notes of the
26 corporation shall not be a debt of the state, and the state shall not be
27 liable thereon, nor shall they be payable out of any funds other than
28 those appropriated by the state to the corporation for debt service and
29 related expenses pursuant to any service contracts executed pursuant to
30 subdivision (b) of this section and such bonds and notes shall contain
31 on the face thereof a statement to such effect. Except for purposes of
32 complying with the internal revenue code, any interest income earned on
33 bond proceeds shall only be used to pay debt service on such bonds.
34 (b) Notwithstanding any provisions of law to the contrary, in order to
35 assist the corporation in undertaking the administration and financing
36 of the project authorized pursuant to subdivision (a) of this section,
37 the director of the budget is hereby authorized to enter into one or
38 more service contracts with the corporation, none of which shall exceed
39 more than twenty years in duration, upon such terms and conditions as
40 the director of the budget and the corporation agree, so as to annually
41 provide to the corporation in the aggregate, a sum not to exceed the
42 annual debt service payments and related expenses required for the bonds
43 and notes issued pursuant to this section. Any service contract entered
44 into pursuant to this subdivision shall provide that the obligation of
45 the state to pay the amount therein provided shall not constitute a debt
46 of the state within the meaning of any constitutional or statutory
47 provision and shall be deemed executory only to the extent of monies
48 available and that no liability shall be incurred by the state beyond
49 the monies available for such purposes, subject to annual appropriation
50 by the legislature. Any such contract or any payments made or to be made
51 thereunder may be assigned and pledged by the corporation as security
52 for its bonds and notes, as authorized by this section.
53 § 32. Paragraph (c) of subdivision 14 of section 1680 of the public
54 authorities law, as amended by section 23 of part II of chapter 59 of
55 the laws of 2004, is amended to read as follows:
S. 990 96 A. 1920
1 (c) (i) Subject to the provisions of chapter fifty-nine of the laws of
2 two thousand, the dormitory authority shall not deliver a series of
3 bonds for city university community college facilities, except to refund
4 or to be substituted for or in lieu of other bonds in relation to city
5 university community college facilities pursuant to a resolution of the
6 dormitory authority adopted before July first, nineteen hundred eighty-
7 five or any resolution supplemental thereto, if the principal amount of
8 bonds so to be issued when added to all principal amounts of bonds
9 previously issued by the dormitory authority for city university commu-
10 nity college facilities, except to refund or to be substituted in lieu
11 of other bonds in relation to city university community college facili-
12 ties will exceed the sum of four hundred twenty-five million dollars and
13 (ii) the dormitory authority shall not deliver a series of bonds issued
14 for city university facilities, including community college facilities,
15 pursuant to a resolution of the dormitory authority adopted on or after
16 July first, nineteen hundred eighty-five, except to refund or to be
17 substituted for or in lieu of other bonds in relation to city university
18 facilities and except for bonds issued pursuant to a resolution supple-
19 mental to a resolution of the dormitory authority adopted prior to July
20 first, nineteen hundred eighty-five, if the principal amount of bonds so
21 to be issued when added to the principal amount of bonds previously
22 issued pursuant to any such resolution, except bonds issued to refund or
23 to be substituted for or in lieu of other bonds in relation to city
24 university facilities, will exceed four billion [five] six hundred
25 [sixty-eight] eighty-eight million dollars. The legislature reserves the
26 right to amend or repeal such limit, and the state of New York, the
27 dormitory authority, the city university, and the fund are prohibited
28 from covenanting or making any other agreements with or for the benefit
29 of bondholders which might in any way affect such right.
30 § 33. Paragraph (c) of subdivision 19 of section 1680 of the public
31 authorities law, as amended by section 24 of part II of chapter 59 of
32 the laws of 2004, is amended to read as follows:
33 (c) Subject to the provisions of chapter fifty-nine of the laws of two
34 thousand, the dormitory authority shall not issue any bonds for state
35 university educational facilities purposes if the principal amount of
36 bonds to be issued when added to the aggregate principal amount of bonds
37 issued by the dormitory authority on and after July first, nineteen
38 hundred eighty-eight for state university educational facilities will
39 exceed five billion [one] three hundred [sixty] ninety-five million
40 dollars; provided, however, that bonds issued or to be issued shall be
41 excluded from such limitation if: (1) such bonds are issued to refund
42 state university construction bonds and state university construction
43 notes previously issued by the housing finance agency; or (2) such bonds
44 are issued to refund bonds of the authority or other obligations issued
45 for state university educational facilities purposes and the present
46 value of the aggregate debt service on the refunding bonds does not
47 exceed the present value of the aggregate debt service on the bonds
48 refunded thereby; provided, further that upon certification by the
49 director of the budget that the issuance of refunding bonds or other
50 obligations issued between April first, nineteen hundred ninety-two and
51 March thirty-first, nineteen hundred ninety-three will generate long
52 term economic benefits to the state, as assessed on a present value
53 basis, such issuance will be deemed to have met the present value test
54 noted above. For purposes of this subdivision, the present value of the
55 aggregate debt service of the refunding bonds and the aggregate debt
56 service of the bonds refunded, shall be calculated by utilizing the true
S. 990 97 A. 1920
1 interest cost of the refunding bonds, which shall be that rate arrived
2 at by doubling the semi-annual interest rate (compounded semi-annually)
3 necessary to discount the debt service payments on the refunding bonds
4 from the payment dates thereof to the date of issue of the refunding
5 bonds to the purchase price of the refunding bonds, including interest
6 accrued thereon prior to the issuance thereof. The maturity of such
7 bonds, other than bonds issued to refund outstanding bonds, shall not
8 exceed the weighted average economic life, as certified by the state
9 university construction fund, of the facilities in connection with which
10 the bonds are issued, and in any case not later than the earlier of
11 thirty years or the expiration of the term of any lease, sublease or
12 other agreement relating thereto; provided that no note, including
13 renewals thereof, shall mature later than five years after the date of
14 issuance of such note. The legislature reserves the right to amend or
15 repeal such limit, and the state of New York, the dormitory authority,
16 the state university of New York, and the state university construction
17 fund are prohibited from covenanting or making any other agreements with
18 or for the benefit of bondholders which might in any way affect such
19 right.
20 § 34. (a) Subject to the provisions of chapter 59 of the laws of 2000,
21 but notwithstanding any provisions of law to the contrary, one or more
22 authorized issuers as defined by section 68-a of the state finance law
23 are hereby authorized to issue bonds or notes in one or more series in
24 an aggregate principal amount not to exceed $250,000,000, excluding
25 bonds issued to finance one or more debt service reserve funds, to pay
26 costs of issuance of such bonds, and bonds or notes issued to refund or
27 otherwise repay such bonds or notes previously issued, for the purpose
28 of making capital grants for matching grants for higher education facil-
29 ities capital projects; and to reimburse the state capital projects fund
30 for disbursements made therefor. Such bonds and notes of such authorized
31 issuer shall not be a debt of the state, and the state shall not be
32 liable thereon, nor shall they be payable out of any funds other than
33 those appropriated by the state to such authorized issuer for debt
34 service and related expenses pursuant to any service contract executed
35 pursuant to subdivision (b) of this section and such bonds and notes
36 shall contain on the face thereof a statement to such effect. Except for
37 purposes of complying with the internal revenue code, any interest
38 income earned on bond proceeds shall only be used to pay debt service on
39 such bonds.
40 (b) Notwithstanding any provisions of law to the contrary, in order to
41 assist such authorized issuer in undertaking the administration and
42 financing of the projects authorized pursuant to subdivision (a) of this
43 section, the director of the budget is hereby authorized to enter into
44 one or more service contracts with such authorized issuer; none of which
45 shall exceed more than thirty years in duration, upon such terms and
46 conditions as the director of the budget and such authorized issuer
47 shall agree, so as to annually provide to such authorized issuer, in the
48 aggregate, a sum not to exceed the annual debt service payments and
49 related expenses required for the bonds and notes issued pursuant to
50 this section. Any service contract entered into pursuant to this subdi-
51 vision shall provide that the obligation of the state to pay the amount
52 therein provided shall not constitute a debt of the state within the
53 meaning of any constitutional or statutory provision and shall be deemed
54 executory only to the extent of monies available and that no liability
55 shall be incurred by the state beyond the monies available for such
56 purposes, subject to annual appropriation by the legislature. Any such
S. 990 98 A. 1920
1 contract or any payments made or to be made thereunder may be assigned
2 or pledged by such authorized issuer as security for its bonds and
3 notes, as authorized by this section.
4 § 35. Section 69-c of the state finance law, as added by section 38 of
5 part K of chapter 81 of the laws of 2002, is amended to read as follows:
6 § 69-c. Variable rate bonds. Notwithstanding any other provision of
7 law to the contrary, any State-supported debt may be issued as variable
8 rate bonds. Notwithstanding any other provision of law to the contrary,
9 for purposes of calculating the present value of debt service and calcu-
10 lating savings in connection with the issuance of refunding indebt-
11 edness, (i) the effective interest rate and debt service payable on
12 variable rate bonds in connection with which, and to the extent that, an
13 authorized issuer has entered into an interest rate exchange or similar
14 agreement pursuant to which the authorized issuer makes payments based
15 on a fixed rate and receives payments based on a variable rate that is
16 reasonably expected by such authorized issuer to be equivalent over time
17 to the variable rate paid on the related variable rate bonds, shall be
18 calculated assuming that the rate of interest on such variable rate
19 bonds is the fixed rate payable by the authorized issuer on such inter-
20 est rate exchange or similar agreement for the scheduled term of such
21 agreement; (ii) the effective interest rate and debt service on variable
22 rate bonds in connection with which, and to the extent that, an author-
23 ized issuer has not entered into such an interest rate exchange or simi-
24 lar agreement shall be calculated assuming that interest on such vari-
25 able interest rate bonds is payable at a rate or rates reasonably
26 assumed by the authorized issuer; (iii) the effective interest rate and
27 debt service on any bonds subject to optional or mandatory tender shall
28 be a rate or rates reasonably assumed by the authorized issuer; and (iv)
29 otherwise, the effective interest rate and debt service on any bonds
30 shall be calculated at a rate or rates reasonably assumed by the author-
31 ized issuer. Notwithstanding any other provision of law to the contra-
32 ry, for calculating the present value of debt service and calculating
33 savings in connection within the issuance of refunding indebtedness, the
34 refunding of variable rate debt instruments with new variable rate debt
35 instruments shall be excluded from any such requirements, if effectuated
36 for sound business purposes.
37 § 36. Subdivision 2 of section 67-b of the state finance law, as
38 amended by section 34 of part P2 of chapter 62 of the laws of 2003, is
39 amended to read as follows:
40 2. State-supported debt may not be contracted for unless, as of Octo-
41 ber thirty-first, two thousand one and as of each October thirty-first
42 thereafter, the total amount of interest, installments of principal,
43 contributions to sinking funds, and related interest rate exchange or
44 similar agreement payments on a cash basis of accounting for state-sup-
45 ported debt in the immediately preceding fiscal year is less than the
46 designated percentage of total governmental funds receipts for such
47 fiscal year. Nothing shall preclude the contracting of state-supported
48 debt prior to October thirty-first of each year if, in the immediately
49 preceding fiscal year, the total amount of interest, installments of
50 principal, contributions to sinking funds, and related interest rate
51 exchange or similar agreement payments was less than the designated
52 percentage of total governmental funds receipts. This shall include the
53 total amount of payments on such debt issued on and after April first,
54 two thousand, but shall not include payments in any fiscal year made by
55 the state to defease or retire debt not required by mandatory payments
56 nor payments made by the state for debt issued to refund debt that was
S. 990 99 A. 1920
1 issued prior to April first, two thousand. In addition, if state-sup-
2 ported debt is issued to refund or otherwise affect the refunding,
3 retirement or defeasance of state-supported debt originally issued on
4 and after April first, two thousand, provided such refundings are
5 conducted in accordance with section thirteen of article VII of the
6 state constitution, the calculation of the total amount of interest,
7 installments of principal, contributions to sinking funds, and related
8 interest rate exchange or similar agreement payments shall exclude
9 payments made on such refunding debt, and shall only include the
10 payments on the prior refunded debt, as if it were still outstanding, in
11 each year until such refunding debt is finally retired. Such designated
12 percentage shall be seven and one-half-tenths of one percent for fiscal
13 year two thousand--two thousand one, and shall increase by five-tenths
14 of one percent in fiscal year two thousand one--two thousand two, by an
15 additional four-tenths of one percent in fiscal year two thousand two--
16 two thousand three, and by an additional one-third of one percent in
17 each of the ten subsequent fiscal years. The designated percentage for
18 fiscal year two thousand thirteen--two thousand fourteen and for each
19 fiscal year thereafter shall be five percent.
20 § 37. The state finance law is amended by adding a new article 5-E to
21 read as follows:
22 ARTICLE 5-E
23 CREDIT AND LIQUIDITY SUPPORT
24 Section 69-aa. Credit and liquidity support.
25 § 69-aa. Credit and liquidity support. 1. The state comptroller, as
26 sole trustee of the common retirement fund, as established by article
27 nine of the retirement and social security law, is hereby authorized to
28 provide credit and/or liquidity support for state-supported debt, as
29 defined pursuant to section sixty-seven-a of this chapter. In the accom-
30 plishment of such credit and liquidity support, the state comptroller
31 may charge such fees as he or she deems fit to ensure the adequate
32 return of investment to the common retirement fund.
33 2. Any agreements entered into to accomplish the provisions of subdi-
34 vision one of this section shall provide that the obligation of the
35 state to pay amounts therein provided shall not constitute a debt of the
36 state within the meaning of any constitutional or statutory provision
37 and shall be deemed executory only to the extent of monies available and
38 that no liability shall be incurred by the state beyond the monies
39 available for such purpose, subject to annual appropriation by the
40 legislature.
41 § 38. Subdivision 6 of section 69-a of the state finance law, as added
42 by section 38 of part K of chapter 81 of the laws of 2002, is amended to
43 read as follows:
44 6. "Variable rate debt instruments" shall mean, for any calculation
45 purpose, (i) variable rate bonds [and] or (ii) any state-supported debt
46 and related interest rate exchange or similar agreements which, when
47 considered together, result in an authorized issuer effectively paying
48 interest at a rate or rates which varies from time to time, but shall
49 not include any variable rate bonds, or any state-supported debt consid-
50 ered together with related interest rate exchange or similar agreements,
51 during any period that such instrument or instruments (1) provide for
52 payment by the authorized issuer of a fixed rate throughout the then
53 current fiscal year of the state, or (2) effectively require the author-
54 ized issuer to pay interest at one or more rates established on or
55 before the date of such calculation throughout the then current fiscal
56 year of the state, or (3) do not obligate the authorized issuer to make
S. 990 100 A. 1920
1 any payments at any time throughout the then current fiscal year of the
2 state.
3 § 39. Subdivision 1 of section 69-b of the state finance law, as added
4 by section 38 of part K of chapter 81 of the laws of 2002, is amended to
5 read as follows:
6 1. As of the initial date of each issuance of variable rate bonds or
7 the date of entering into any other variable rate debt instruments, or
8 upon conversion of any state-supported debt to variable rate debt
9 instruments, the total of the principal and notional amounts of such
10 variable rate debt instruments outstanding and in effect shall not
11 exceed an amount equal to fifteen percent of the total principal amount
12 of State-supported debt outstanding. If upon any such issuance of vari-
13 able rate bonds or conversion of variable rate bonds to variable rate
14 debt instruments, or entering into any other variable rate debt instru-
15 ments, the limitations of this section are complied with, subsequent
16 events shall not cause such variable rate debt instruments to be inval-
17 id, and such variable rate debt instruments shall be and remain valid
18 and binding. If the limitations of this section have been exceeded
19 through the conversion of state-supported debt to variable rate debt
20 instruments as a result of interest rate exchange or similar agreements
21 entered into prior to the date of such conversion, said conversion shall
22 not cause such variable rate debt instruments to be invalid, and such
23 variable rate debt instruments shall be and remain valid and binding.
24 § 40. Paragraph (c) of subdivision 2 of section 69-d of the state
25 finance law, as added by section 38 of part K of chapter 81 of the laws
26 of 2002, is amended to read as follows:
27 (c) the total notional amount of all interest rate exchange or similar
28 agreements for all authorized issuers to be in effect shall not exceed
29 an amount equal to fifteen percent of the total amount of State-support-
30 ed debt outstanding as of the initial date of entering into each new
31 agreement; provided, however, that such total notional amount shall not
32 include any excluded agreements[;]. If upon the entering into of any
33 such agreement, the limitations of this section are complied with,
34 subsequent events shall not cause such agreements to be invalid, and
35 such agreements shall be and remain valid and binding.
36 § 41. The state finance law is amended by adding a new section 69-f to
37 read as follows:
38 § 69-f. Compliance with limitations. A written instrument of the
39 director of the budget certifying compliance with the limitations in
40 this article shall be conclusive as to the matters set forth therein.
41 § 42. The state finance law is amended by adding a new section 97-eeee
42 to read as follows:
43 § 97-eeee. Cultural resource survey account. 1. There is hereby estab-
44 lished in the joint custody of the state comptroller and the commission-
45 er of the department of taxation and finance an account of the miscella-
46 neous internal service fund to be known as the cultural resource survey
47 account.
48 2. Notwithstanding any other law, rule or regulation to the contrary,
49 the state comptroller is hereby authorized and directed to receive for
50 deposit to the credit of the cultural resource survey account fees
51 charged to state agencies and institutions in support of the cultural
52 resource survey program.
53 3. The amount expended from this account for cultural resource surveys
54 shall be charged to the state agency or institution for which the survey
55 is required.
S. 990 101 A. 1920
1 4. Notwithstanding any other law, rule or regulation to the contrary,
2 moneys of this account, following appropriation by the legislature,
3 shall be available to the state education department for services and
4 expenses of the cultural resource survey program.
5 § 43. Severability. If any clause, sentence, paragraph, subdivision,
6 section or part of this act shall be adjudged by any court of competent
7 jurisdiction to be invalid, such judgment shall not affect, impair, or
8 invalidate the remainder thereof, but shall be confined in its operation
9 to the clause, sentence, paragraph, subdivision, section or part thereof
10 directly involved in the controversy in which such judgment shall have
11 been rendered. It is hereby declared to be the intent of the legislature
12 that this act would have been enacted even if such invalid provisions
13 had not been included herein.
14 § 44. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after April 1, 2005; provided,
16 that section twelve of this act shall take effect on the same date as
17 the reversion of subdivision 5 of section 4 of the state finance law as
18 provided in section 11 of part A of chapter 19 of the laws of 2004, and
19 shall expire and be deemed repealed on March 31, 2006; provided,
20 further, that section thirty-five of this act shall take effect on the
21 same date as the reversion of section 69-c of the state finance law as
22 provided in section 35 of part II of chapter 59 of the laws of 2004; and
23 provided, further, however, that sections one, two, three, eight, ten,
24 eleven and fourteen through twenty-three of this act shall expire March
25 31, 2006 when upon such date the provisions of such sections shall be
26 deemed repealed.
27 PART X
28 Section 1. Sections 54 and 54-c of the state finance law are REPEALED
29 and a new section 54 is added to read as follows:
30 § 54. Aid and incentives for municipalities. 1. Definitions. When
31 used in this section, unless otherwise expressly stated:
32 (a) "Population" of a city, town or village means the population data
33 for such municipalities based upon the two thousand federal decennial
34 census.
35 (b) "Full valuation" of a city, town or village means "full valuation
36 for taxable purposes" as reported in the comptroller's special report on
37 local government finances for New York state for local fiscal years
38 ended in two thousand two.
39 (c) "Full value per capita" of a city, town or village means the full
40 valuation of such municipality divided by the population of such munici-
41 pality.
42 (d) "Average full valuation per capita" means the sum of the full
43 valuation for the municipalities in a designated group divided by the
44 sum of the population of the municipalities in such group. Such desig-
45 nated groups of municipalities for this purpose are: cities with a
46 population below one hundred twenty-five thousand, towns, and villages.
47 (e) "Base level grant" means the total amount of aid a municipality
48 other than a school district received in the state fiscal year commenc-
49 ing April first two thousand four, under programs known at that time as
50 general purpose local government aid, emergency financial aid to certain
51 cities, emergency financial assistance to eligible municipalities,
52 supplemental municipal aid and small government assistance, and appro-
53 priated in chapter fifty of the laws of two thousand four which consti-
54 tutes the public protection and general government budget bill.
S. 990 102 A. 1920
1 (f) "City expenditure amount" means expenditures, other than capital
2 expenditures and the total amount of expenditures in support of a school
3 district, supported by funds of the city that are derived from any
4 source except city user fees and any funds derived from federal, state
5 or private sources.
6 (g) "Shared municipal services incentive award" means a state assist-
7 ance payment to two or more municipalities, including cities, towns,
8 villages, or school districts, pursuant to subdivision seven of this
9 section.
10 (h) "Aid to municipalities" means the total of all aid payable to
11 municipalities pursuant to this section.
12 (i) "Chief executive officer" means a mayor of a city, except where a
13 city has a manager, it shall mean such manager.
14 2. Base level grants. Within amounts appropriated, beginning in the
15 state fiscal year commencing April first, two thousand five, and every
16 state fiscal year thereafter, there shall be apportioned and paid to
17 municipalities a base level grant as defined in paragraph (e) of subdi-
18 vision one of this section.
19 3. Additional annual apportionments. Beginning in the state fiscal
20 year commencing April first, two thousand five, in addition to base
21 level grants, certain cities, towns and villages shall be eligible to
22 receive additional aid to municipalities apportioned as follows:
23 (a) Upon execution of a fiscal performance agreement pursuant to
24 subdivision four of this section, any city with a population of less
25 than one million but greater than or equal to one hundred twenty-five
26 thousand shall be eligible to receive an additional annual apportionment
27 equal to twelve and one-half percent of such city's base level grant in
28 the state fiscal year commencing April first, two thousand five, and
29 equal to twenty-five percent of such city's base level grant in the
30 state fiscal year commencing April first, two thousand six, and in each
31 state fiscal year thereafter;
32 (b) Upon execution of a fiscal performance agreement pursuant to
33 subdivision four of this section, any city with a population of less
34 than one hundred twenty-five thousand shall be eligible to receive an
35 additional annual apportionment as follows:
36 (i) Any city with a full valuation per capita less than seventy-five
37 percent of the average full valuation per capita for cities with a popu-
38 lation of less than one hundred twenty-five thousand, shall be eligible
39 to receive an additional annual apportionment equal to twelve and one-
40 half percent of such city's base level grant in the state fiscal year
41 commencing April first, two thousand five, and equal to twenty-five
42 percent of such city's base level grant in the state fiscal year
43 commencing April first, two thousand six, and in each state fiscal year
44 thereafter; except, however, the amount of aid the city of Niagara Falls
45 received in the state fiscal year commencing April first two thousand
46 four under the program known at that time as emergency financial assist-
47 ance to eligible municipalities shall be included as part of such city's
48 base level grant but not for the purpose of calculating such city's
49 annual additional apportionment;
50 (ii) Any city with a full valuation per capita equal to or greater
51 than seventy-five percent but less than one hundred percent of the aver-
52 age full valuation per capita for cities with a population of less than
53 one hundred twenty-five thousand, shall be eligible to receive an addi-
54 tional annual apportionment equal to ten percent of such city's base
55 level grant in the state fiscal year commencing April first, two thou-
56 sand five, and equal to twenty percent of such city's base level grant
S. 990 103 A. 1920
1 in the state fiscal year commencing April first, two thousand six, and
2 in each state fiscal year thereafter; and
3 (iii) Any city with a full valuation per capita equal to or greater
4 than one hundred percent but less than one hundred twenty-five percent
5 of the average full valuation per capita for cities with a population of
6 less than one hundred twenty-five thousand, shall be eligible to receive
7 an additional annual apportionment equal to five percent of such city's
8 base level grant in the state fiscal year commencing April first, two
9 thousand five, and equal to ten percent of such city's base level grant
10 in the state fiscal year commencing April first, two thousand six, and
11 in each state fiscal year thereafter.
12 (c) Any city with a full valuation per capita equal to or greater than
13 one hundred twenty-five percent of the average full valuation per capita
14 for cities with a population of less than one hundred twenty-five thou-
15 sand, shall be eligible to receive an additional annual apportionment
16 equal to two and one-half percent of such city's base level grant in the
17 state fiscal year commencing April first, two thousand five, and equal
18 to five percent of such city's base level grant in the state fiscal year
19 commencing April first, two thousand six and in each state fiscal year
20 thereafter. Such city shall not be required to enter into a fiscal
21 performance agreement.
22 (d) Any city that opts not to enter into a fiscal performance agree-
23 ment shall receive an additional annual apportionment equal to two and
24 one-half percent of such city's base level grant in the state fiscal
25 year commencing April first, two thousand five, and equal to five
26 percent of such city's base level grant in the state fiscal year
27 commencing April first, two thousand six, and in each state fiscal year
28 thereafter;
29 (e) Any town with a full valuation per capita of less than one hundred
30 twenty-five percent of the average full valuation per capita for all
31 towns, shall be eligible to receive an additional annual apportionment
32 equal to two and one-half percent of such town's base level grant in the
33 state fiscal year commencing April first, two thousand five, and equal
34 to five percent of such town's base level grant in the state fiscal year
35 commencing April first, two thousand six, and in each state fiscal year
36 thereafter;
37 (f) Any village with a full valuation per capita of less than one
38 hundred twenty-five percent of the average full valuation per capita for
39 all villages, shall be eligible to receive an additional annual appor-
40 tionment equal to two and one-half percent of such village's base level
41 grant in the state fiscal year commencing April first, two thousand
42 five, and equal to five percent of such village's base level grant in
43 the state fiscal year commencing April first, two thousand six, and in
44 each state fiscal year thereafter.
45 4. Fiscal performance agreements. (a) Prior to any city receiving an
46 additional annual apportionment pursuant to paragraphs (a) or (b) of
47 subdivision three of this section, such city must first execute a fiscal
48 performance agreement signed by the director of the budget.
49 (b) Such fiscal performance agreement shall require the city to mini-
50 mize property tax rate growth through the use of the additional annual
51 apportionments provided pursuant to subdivision three of this section
52 and by limiting growth in the city expenditure amount in the adopted
53 city budget to no more than three and one-half percent in the local
54 fiscal year commencing in two thousand six, three and one-quarter
55 percent in the local fiscal year commencing in two thousand seven, and
56 three percent in the local fiscal year commencing in two thousand eight
S. 990 104 A. 1920
1 and thereafter, unless expenditure growth above such percentage increase
2 is unavoidable given extraordinary circumstances.
3 (c) Such fiscal performance agreement shall also require the city to
4 develop and annually update a four-year financial plan that includes at
5 a minimum, projected annual expenditures for personal service, fringe
6 benefits, non-personal service and debt service; appropriate reserve
7 fund amounts; and estimated annual revenues including projection of
8 property tax rates, the value of the taxable real property and resulting
9 tax levy, and annual growth in sales tax and non-property tax revenues.
10 (d) On or before ninety days following adoption of the city's budget
11 for the local fiscal year commencing in two thousand six, and every year
12 thereafter, the chief executive officer of such city shall certify to
13 the director of the budget that it is in compliance with the fiscal
14 performance agreement pursuant to paragraphs (b) and (c) of this subdi-
15 vision, or, if applicable, document any extraordinary circumstances
16 resulting in non-compliance.
17 (e) For local fiscal years commencing in two thousand seven and each
18 local fiscal year thereafter, a city's certification, pursuant to para-
19 graph (d) of this subdivision shall also include a statement of actual
20 annual growth in the city expenditure amount in the prior year.
21 (f) Prior to any city receiving an additional annual apportionment
22 pursuant to paragraphs (a) or (b) of subdivision three of this section
23 in the state fiscal year commencing April first, two thousand six, and
24 each state fiscal year thereafter, the director of the budget must
25 determine that compliance with the fiscal performance agreement has been
26 achieved. In the event the city has not complied with the fiscal
27 performance agreement, such city's additional annual apportionment, in
28 excess of five percent of its base level grant, shall be withheld until
29 such time as the city executes a fiscal reform plan with the secretary
30 of state pursuant to paragraph (g) of this subdivision, or completes and
31 submits an annual update of such plan.
32 (g) Any fiscal reform plan executed by a city and the secretary of
33 state shall require the city to identify actions which, if successfully
34 implemented, will bring the city into compliance with the fiscal
35 performance agreement. Such plan shall include the preparation of an
36 analysis of the feasibility of achieving cost savings and efficiencies
37 in city operations through implementation of strategies such as inter-
38 municipal shared services; reorganization and improved administration of
39 the municipal workforce; improved procurement practices; technological
40 initiatives, especially for maximizing revenue generation; public-pri-
41 vate partnerships; and mergers, consolidations or other municipal bound-
42 ary changes. Such plan shall include a schedule for the implementation
43 of feasible strategies and shall be updated annually.
44 5. Payments. (a) In the state fiscal year commencing April first, two
45 thousand five and in each state fiscal year thereafter, base level
46 grants shall be paid in the same "on or before month and day" manner as:
47 (i) paid in the state fiscal year commencing April first two thousand
48 four under programs known as general purpose local government aid, emer-
49 gency financial aid to certain cities, emergency financial assistance to
50 eligible municipalities, supplemental municipal aid and small government
51 assistance, and appropriated in chapter fifty of the laws of two thou-
52 sand four which constitutes the public protection and general government
53 budget bill, with the following exceptions: (1) The city of Glovers-
54 ville shall receive one hundred eighty-seven thousand fifty-two dollars
55 on or before the twenty-fifth day of September; and one million two
S. 990 105 A. 1920
1 hundred seventy-one thousand fifty dollars on or before the twenty-fifth
2 day of December;
3 (2) The city of Schenectady shall receive eight hundred forty thousand
4 four hundred ninety-four dollars on or before the twenty-fifth day of
5 September; and six million two hundred fifty-five thousand six hundred
6 twenty-eight dollars on or before the twenty-fifth day of December; and
7 (3) The city of Yonkers shall receive eleven million one hundred thir-
8 ty-eight thousand eight hundred sixty-nine dollars on or before the
9 twenty-fifth day of May; twenty-three million nine hundred twenty-two
10 thousand two hundred ninety-eight dollars on or before the twenty-fifth
11 day of June; four million one hundred three thousand one hundred nine-
12 ty-two dollars on or before the twenty-fifth day of October; ten million
13 four hundred sixty-one thousand four hundred sixty-two dollars on or
14 before the twenty-fifth day of December; and twenty-two million nine
15 hundred thirty-four thousand six hundred seventy-three dollars on or
16 before the twenty-fifth day of March; or
17 (ii) set forth in sections one, two and five of part R of chapter
18 fifty-six of the laws of two thousand four relating to unrestricted aid
19 to certain cities.
20 (b) In the state fiscal year commencing April first, two thousand
21 five, for cities that have executed a fiscal performance agreement,
22 payment of such additional annual apportionment shall be made on or
23 before December fifteenth for cities with fiscal years beginning January
24 first and on or before March fifteenth for all other cities. In the
25 state fiscal year commencing April first, two thousand six, payment of
26 an additional annual apportionment to a city that has achieved compli-
27 ance with the fiscal performance agreement, as determined by the direc-
28 tor of the budget, or has agreed to execute a fiscal reform plan with
29 the secretary of state, in accordance with the provisions of subdivision
30 four of this section, shall be made on or before December fifteenth for
31 cities with a fiscal year beginning January first, and on or before
32 March fifteenth for all other cities.
33 (c) For cities that are not required or opt not to enter into a fiscal
34 performance agreement, payment of such city's additional annual appor-
35 tionment shall be made on or before December fifteenth for cities with a
36 fiscal year beginning January first, or on or before March fifteenth for
37 all other cities.
38 (d) Additional annual apportionments for eligible towns and villages
39 shall be paid on the same payment schedule as their base level grant.
40 (e) Aid to municipalities shall be apportioned and paid to the chief
41 fiscal officer of each locality on audit and warrant of the state comp-
42 troller out of moneys appropriated by the legislature for such purpose
43 to the credit of the local assistance fund in the general fund of the
44 state treasury. Any city, including cities with a population of one
45 million or more, town or village receiving aid to municipalities pursu-
46 ant to this section shall use such aid only for general municipal
47 purposes except as provided in paragraphs (f) and (g) of this subdivi-
48 sion.
49 (f) Amounts payable to any city having a population of less than
50 fifty-five thousand but more than fifty-four thousand according to the
51 federal decennial census of nineteen hundred ninety shall be apportioned
52 and paid to the special account for the municipal assistance corporation
53 for the city of Troy in the municipal assistance state aid fund pursuant
54 to section ninety-two-e of this chapter and chapters one hundred eight-
55 y-seven and one hundred eighty-eight of the laws of nineteen hundred
56 ninety-five.
S. 990 106 A. 1920
1 (g) The base level grant payable to the city of New York shall be
2 apportioned and paid as required as follows:
3 (i) Any amounts required to be paid to the city university
4 construction fund pursuant to the city university construction fund act;
5 (ii) Any amounts required to be paid to the New York city housing
6 development corporation pursuant to the New York city housing develop-
7 ment corporation act;
8 (iii) Five hundred thousand dollars to the chief fiscal officer of the
9 city of New York for payment to the trustees of the police pension fund
10 of such city;
11 (iv) Eighty million dollars to the special account for the municipal
12 assistance corporation for the city of New York in the municipal assist-
13 ance tax fund created pursuant to section ninety-two-d of this chapter
14 to the extent that such amount has been included by the municipal
15 assistance corporation for the city of New York in any computation for
16 the issuance of bonds on a parity with outstanding bonds pursuant to a
17 contract with the holders of such bonds prior to the issuance of any
18 other bonds secured by payments from the municipal assistance corpo-
19 ration for the city of New York in the municipal assistance state aid
20 fund created pursuant to section ninety-two-e of this chapter;
21 (v) The balance of the special account for the municipal assistance
22 corporation for the city of New York in the municipal assistance state
23 aid fund created pursuant to section ninety-two-e of this chapter;
24 (vi) Any amounts to be refunded to the general fund of the state of
25 New York pursuant to the annual appropriation enacted for the municipal
26 assistance state aid fund;
27 (vii) To the state of New York municipal bond bank agency to the
28 extent provided by section twenty-four hundred thirty-six of the public
29 authorities law;
30 (viii) To the transit construction fund to the extent provided by
31 section twelve hundred twenty-five-i of the public authorities law, and
32 thereafter to the city of New York; and
33 (ix) Notwithstanding any other law to the contrary, the base level
34 grant paid to any city with a population of one million or more on or
35 before December twenty-fifth shall be for an entitlement period ending
36 the immediately preceding June thirtieth.
37 6. Consolidations, mergers, or dissolutions; entitlement to aid to
38 municipalities. (a) In the case where any city, town, or village
39 consolidates, merges or dissolves, and the resulting successor govern-
40 ment has filed with the office of the state comptroller a certificate of
41 any such consolidation, merger, or dissolution, such successor govern-
42 ment shall be entitled to receive all payments of aid to municipalities
43 which, pursuant to subdivisions two and three of this section, would
44 have been otherwise payable to the individual cities, towns, or villages
45 that were party to such consolidation, merger, or dissolution.
46 (b) The annual amount of such payments of aid to municipalities, as
47 defined in paragraph (h) of subdivision one of this section, that any
48 city, town, or village in which a municipality has consolidated, merged,
49 or dissolved shall be eligible to receive on the date such city, town,
50 or village is consolidated, merged, or dissolved shall continue to be
51 paid pursuant to subdivisions two and three of this section for every
52 state fiscal year following the date of such consolidation, merger, or
53 dissolution. In instances where only a portion of a city, town, or
54 village is party to a consolidation, merger, or dissolution, aid to
55 municipalities payable to the resulting successor government shall
56 include only a pro rata share of the aid otherwise due and payable to
S. 990 107 A. 1920
1 such city, town, or village. Such pro rata share shall be based on a
2 ratio of the two thousand federal decennial census population of the
3 portion consolidated, merged, or dissolved as compared to the total two
4 thousand federal decennial census population of the city, town, or
5 village party to such consolidation, merger, or dissolution.
6 7. Shared municipal services incentive awards. (a) Within the annual
7 amounts appropriated therefor, the secretary of state may award compet-
8 itive grants to two or more municipalities to cover costs associated
9 with mergers, consolidations, cooperative agreements and shared services
10 of municipalities including, but not limited to, feasibility studies,
11 capital improvements and other necessary expenses; and to villages, and
12 the towns in which such villages lie, to cover costs associated with
13 preparation and implementation of village dissolution plans prepared
14 pursuant to article nineteen of the village law.
15 (b) For the purposes of this subdivision, "municipalities" shall mean
16 counties, cities, towns, villages and school districts;
17 (c) Such grants may be used to cover the costs associated with consol-
18 idations, dissolutions, cooperative agreements and shared services of
19 municipalities, including, but not limited to, legal and consultant
20 services, feasibility studies, capital improvements and other necessary
21 expenses;
22 (d) The maximum grant awarded shall not exceed one hundred thousand
23 dollars per municipality;
24 (e) Local matching funds, equal to ten percent of the total approved
25 project cost, shall be required;
26 (f) No part of the grant shall be used by the applicant for recurring
27 expenses such as salaries; and
28 (g) The secretary of state shall, prior to the acceptance of grant
29 applications, establish eligibility requirements, application forms and
30 procedures, criteria of review and grant approval guidelines.
31 § 2. Paragraph 2 of section 92-d of the state finance law, as amended
32 by chapter 430 of the laws of 1997, is amended to read as follows:
33 2. Such fund shall consist of the revenues derived from municipal
34 assistance sales and compensating use taxes imposed by sections eleven
35 hundred seven and eleven hundred eight of the tax law, any amounts
36 transferred from the stock transfer tax fund pursuant to section nine-
37 ty-two-b of this article, any amounts transferred pursuant to subdivi-
38 sion (a) of section nine of chapter seven hundred twenty-one of the laws
39 of nineteen hundred ninety-four, as amended by chapter one hundred
40 eighty-seven of the laws of nineteen hundred ninety-five, and such
41 amount of [per capita] aid apportioned and paid into such fund pursuant
42 to [paragraph c of subdivision seven of] section fifty-four of this
43 chapter.
44 § 3. This act shall take effect immediately and shall be deemed to
45 have been in full force and effect on and after April 1, 2005.
46 PART Y
47 Section 1. The opening paragraph and clause b of subparagraph (v) and
48 subparagraph (vi) of paragraph (c) of subdivision 4 of section 209 of
49 the civil service law, the opening paragraph and clause b of subpara-
50 graph (v) as amended by chapter 216 of the laws of 1977 and subparagraph
51 (vi) as amended by chapter 205 of the laws of 1997, are amended to read
52 as follows:
53 the public arbitration panel shall make a just and reasonable determi-
54 nation of the matters in dispute. In arriving at such determination, the
S. 990 108 A. 1920
1 panel shall consider, above all other factors, the financial ability of
2 the public employer to pay. The public employer's ability to pay shall
3 be defined as existing fiscal capacity without resort to either new or
4 increased taxation including, but not limited to, the level of taxation
5 in the political subdivision compared to similar political subdivisions
6 in other areas of the state, the tax base, any evidence of economic
7 decline and any other applicable measures of fiscal distress, or
8 extraordinary reductions in other governmental expenditures. The arbi-
9 tration panel shall also consider the competing financial obligations of
10 the public employer which may be effected by such determination and
11 specifically the impact of any such determination on ongoing negoti-
12 ations or successor negotiations with employee organizations represent-
13 ing other employees of the public employer. In the case of members of
14 any organized unit of troopers, commissioned or non-commissioned offi-
15 cers of the division of state police, or in regard to investigators,
16 senior investigators and investigator specialists of the division of
17 state police, the arbitration panel shall, in addition to the above
18 factors in this paragraph, consider above all other factors, the overall
19 fiscal environment of the state and shall give substantial consideration
20 to the state's ability to pay without contributing to a budget deficit
21 in current or future fiscal years. The arbitration panel shall specify
22 its rationale in the determination, including the consideration of such
23 ability of the public employer to pay without resorting to new or
24 increased taxation. The panel shall specify the basis for its findings,
25 taking into secondary consideration, in addition to any other relevant
26 factors, the following:
27 b. the interests and welfare of the public [and the financial ability
28 of the public employer to pay];
29 (vi) the determination of the public arbitration panel shall be final
30 and binding upon the parties for the period prescribed by the panel, but
31 in no event shall such period exceed two years from the termination date
32 of any previous collective bargaining agreement or if there is no previ-
33 ous collective bargaining agreement then for a period not to exceed two
34 years from the date of determination by the panel. Such determination
35 shall not be subject to the approval of any local legislative body or
36 other municipal authority. Notwithstanding the provisions of this
37 subparagraph to the contrary, where the parties to [a] the public arbi-
38 tration are those [anticipated by the provisions of paragraph (e) of
39 this subdivision as established by chapter four hundred thirty-two of
40 the laws of nineteen hundred ninety-five, such parties may agree to
41 confer authority to the public arbitration panel] parties which became
42 subject to this subdivision by virtue of chapter six hundred forty-one
43 of the laws of nineteen hundred ninety-eight, the public arbitration
44 panel shall have the authority to issue a final and binding determi-
45 nation for a period up to and including four years.
46 § 2. Section 101 of the general municipal law is REPEALED.
47 § 3. The opening paragraph of paragraph (e) of subdivision 4 of
48 section 120-w of the general municipal law, as amended by chapter 552 of
49 the laws of 1980, is amended to read as follows:
50 It is the intent of the legislature that overall cost should in all
51 cases be a major criterion in the selection of contractors for award of
52 contracts pursuant to this section and that, wherever practical, such
53 contracts which include construction work should be procured through
54 competitive bidding procedures as prescribed by [sections one hundred
55 one and] section one hundred three of this chapter. It is further the
56 intent of the legislature to acknowledge the highly complex and innova-
S. 990 109 A. 1920
1 tive nature of resource recovery technology for processing mixed solid
2 waste, the relative newness of the variety of resource recovery systems
3 now available, the desirability of a single point of responsibility for
4 the development of facilities and the economic and technical utility of
5 contracts for resource recovery projects which include in their scope
6 various combinations of design, construction, operation, management
7 and/or maintenance responsibilities over prolonged periods of time and
8 that in some instances it may be beneficial to the municipality to award
9 a contract on the basis of factors other than cost alone, including but
10 not limited to facility design, system reliability, energy efficiency,
11 compatibility with source separation and other recycling systems and
12 environmental protection. Accordingly, and notwithstanding the
13 provisions of any general, special or local law or charter, a contract
14 entered into between a municipality and any person pursuant to this
15 section may be awarded pursuant to public bidding in compliance with
16 [sections one hundred one and] section one hundred three of this chapter
17 or pursuant to the following provisions for the award of a contract
18 based on evaluation of proposals submitted in response to a request for
19 proposals prepared by or for the municipality:
20 § 4. Subdivision 7 of section 120-w of the general municipal law, as
21 added by chapter 552 of the laws of 1980, is amended to read as follows:
22 7. Every contract entered into between a municipality and a project
23 developer pursuant to the provisions of subparagraph four of paragraph
24 (e) of subdivision four of this section, for construction of a solid
25 waste management-resource recovery building by the project developer,
26 shall contain provisions that such building shall be constructed through
27 construction contracts awarded through public competitive bidding in
28 accordance with paragraphs (a) through [(g)] (f) of this subdivision;
29 that the project developer shall furnish a bond guaranteeing prompt
30 payment of moneys that are due to all persons furnishing labor and mate-
31 rials pursuant to the requirements of such construction contracts, and
32 that a copy of such payment bond shall be kept by the municipality and
33 shall be open to public inspection; provided, however, that the require-
34 ments of this subdivision shall not apply when the cost of such
35 construction is less than five thousand dollars.
36 (a) The project developer shall advertise for bids for such
37 construction contracts in a daily newspaper having general circulation
38 in the county in which such public solid waste management-resource
39 recovery building is to be located. Such advertisement shall contain a
40 statement of the time when and place where all bids received pursuant to
41 such notice will be publicly opened and read. An employee of the munici-
42 pality shall be designated to open the bids at the time and place speci-
43 fied in the notice. All bids received shall be publicly opened and read
44 at the time and place so specified. At least five days shall elapse
45 between the publication of such advertisement and date on which the bids
46 are opened.
47 (b) [When the entire cost of constructing such building shall exceed
48 fifty thousand dollars, the project developer shall prepare separate
49 specifications for the following subdivisions of such work, so as to
50 permit separate and independent bidding upon each subdivision:
51 (i) plumbing and gas fittings;
52 (ii) steam heating, hot water heating, ventilating and air condition-
53 ing apparatus; and
54 (iii) electric wiring and standard illuminating fixtures.
55 (c) After public competitive bidding the project developer shall award
56 one or more separate contracts for each of the above subdivisions of
S. 990 110 A. 1920
1 such work, whenever separate specifications are required pursuant to
2 paragraph (b) of this subdivision, and one or more contracts for the
3 remainder of such work. The project developer may award such contracts
4 at different times.] Contracts awarded pursuant to this [paragraph]
5 subdivision shall be awarded by the project developer to the lowest
6 responsible and responsive bidder and shall be contracts of the project
7 developer and not of the municipality which shall have no obligation or
8 liabilities, whatsoever, thereunder. The project developer shall have
9 the responsibility for the supervision, coordination, and termination of
10 such contracts, unless otherwise specified in contractual terms between
11 the project developer and the municipality.
12 [(d)] (c) In determining whether a prospective contractor is responsi-
13 ble and responsive, the project developer may require that prospective
14 contractors:
15 (i) have adequate financial resources or the ability to obtain such
16 resources;
17 (ii) be able to comply with the required or proposed delivery or
18 performance schedule;
19 (iii) have a satisfactory record of performance;
20 (iv) have the necessary organization, experience, operational
21 controls, and technical skills, or the ability to obtain them;
22 (v) have the necessary production, construction and technical equip-
23 ment and facilities, or the ability to obtain them;
24 (vi) be eligible to receive an award under applicable laws and regu-
25 lations and be otherwise qualified.
26 [(e)] (d) The project developer may reject any bid of a bidder which
27 the project developer determines to be nonresponsible or nonresponsive
28 to the advertisement for bids.
29 [(f)] (e) The project developer may, in its discretion, reject all
30 bids, and may revise bid specifications and may readvertise for bids as
31 provided herein.
32 [(g)] (f) Only as used in this subdivision:
33 (i) "project developer" means any private corporation, partnership, or
34 individual or combination thereof which has submitted a proposal in
35 response to a request for proposals issued pursuant to subparagraph two
36 of paragraph (e) of subdivision four of this section;
37 (ii) "construction" shall include reconstruction, rehabilitation or
38 improvement;
39 (iii) "solid waste management-resource recovery building" means a
40 building of a solid waste management-resource recovery facility. Such
41 building shall not include the system to be used for the purposes of
42 receiving, processing, handling or storing solid waste, the products and
43 by-products derived therefrom, or materials used in such processing or
44 handling and any equipment or property involving proprietary or trade
45 secrets.
46 § 5. Subdivision 2 of section 99-q of the general municipal law, as
47 added by chapter 825 of the laws of 1987, is amended to read as follows:
48 2. Acquire by purchase, lease, sublease or other agreement the facili-
49 ties provided or to be provided for the purposes of the unified court
50 system of the state.
51 All contracts entered into pursuant to the provisions of this section
52 shall be subject to the provisions of [sections one hundred one and]
53 section one hundred three of this chapter.
54 § 6. Section 135 of the state finance law is REPEALED.
55 § 7. Subdivision 1 of section 137 of the state finance law, as amended
56 by chapter 698 of the laws of 2004, is amended to read as follows:
S. 990 111 A. 1920
1 1. In addition to other bond or bonds, if any, required by law for the
2 completion of a work specified in a contract for the prosecution of a
3 public improvement for the state of New York a municipal corporation, a
4 public benefit corporation or a commission appointed pursuant to law, or
5 in the absence of any such requirement, the comptroller may or the other
6 appropriate official, respectively, shall nevertheless require prior to
7 the approval of any such contract a bond guaranteeing prompt payment of
8 moneys due to all persons furnishing labor or materials to the contrac-
9 tor or his subcontractors in the prosecution of the work provided for in
10 such contract. Provided, however, that all performance bonds and payment
11 bonds may, at the discretion of the head of the state agency, public
12 benefit corporation or commission, or his or her designee, be dispensed
13 with for the completion of a work specified in a contract for the prose-
14 cution of a public improvement for the state of New York for which bids
15 are solicited where the aggregate amount of the contract is under one
16 hundred thousand dollars [and provided further, that in a case where the
17 contract is not subject to the multiple contract award requirements of
18 section one hundred thirty-five of this article, such requirements may
19 be dispensed with where the head of the state agency, public benefit
20 corporation or commission finds it to be in the public interest and
21 where the aggregate amount of the contract awarded or to be awarded is
22 less than two hundred thousand dollars]. Provided further, that in a
23 case where a performance or payment bond is dispensed with, twenty per
24 centum may be retained from each progress payment or estimate until the
25 entire contract work has been completed and accepted, at which time the
26 head of the state agency, public benefit corporation or commission
27 shall, pending the payment of the final estimate, pay not to exceed
28 seventy-five per centum of the amount of the retained percentage.
29 § 8. Subdivision 4 of section 139-f of the state finance law, as
30 amended by chapter 83 of the laws of 1995, is amended to read as
31 follows:
32 4. Notwithstanding any other provision of this section or other law,
33 requirements for the furnishing of a performance bond or a payment bond
34 may be dispensed with at the discretion of the head of the state agency
35 or corporation, or his or her designee, where the public owner is a
36 state agency or corporation described in subdivision one-a of this
37 section and the aggregate amount of the contract awarded or to be
38 awarded is under fifty thousand dollars [and, in a case where the
39 contract is not subject to the multiple contract award requirements of
40 section one hundred thirty-five of this article, such requirements may
41 be dispensed with where the head of the state agency or corporation
42 finds it to be in the public interest and where the aggregate amount of
43 the contract awarded or to be awarded is under two hundred thousand
44 dollars]. Provided further, that in a case where a performance or
45 payment bond is dispensed with, twenty per centum may be retained from
46 each progress payment or estimate until the entire contract work has
47 been completed and accepted, at which time the head of the state agency
48 or corporation shall, pending the payment of the final estimate, pay not
49 to exceed seventy-five per centum of the amount of the retained percent-
50 age.
51 § 9. Section 151-a of the public housing law is REPEALED.
52 § 10. Paragraph d of subdivision 1 of section 372-a of the education
53 law, as added by chapter 624 of the laws of 1999, is amended to read as
54 follows:
55 d. Any contracts or leases entered into by the trustees of the state
56 university of New York pursuant to this section shall require the lessee
S. 990 112 A. 1920
1 or contracting not-for-profit corporation to comply with the require-
2 ments of article fifteen-A of the executive law. Any contract or lease
3 for construction, rehabilitation, or other improvement authorized by
4 this section entered into by the trustees shall require the lessee or
5 contractor and/or subcontractor to comply with the requirements of
6 section two hundred twenty, two hundred thirty, two hundred thirty-one,
7 two hundred forty and two hundred forty-one of the labor law, where
8 applicable, as well as [sections one hundred one and] section one
9 hundred three of the general municipal law, where applicable;
10 § 11. The opening paragraph of subdivision 8 of section 376 of the
11 education law, as amended by chapter 877 of the laws of 1990, is amended
12 to read as follows:
13 All contracts which are to be awarded pursuant to this subdivision
14 shall be awarded by public letting in accordance with the following
15 provisions, notwithstanding any contrary provision of section [one
16 hundred thirty-five,] one hundred thirty-six, one hundred thirty-nine or
17 one hundred forty of the state finance law, provided, however, that
18 where the estimated expense of any contract which may be awarded pursu-
19 ant to this subdivision is less than fifty thousand dollars, a perform-
20 ance bond and a bond for the payment of labor and material may, in the
21 discretion of the fund, not be required, and except that in the
22 discretion of the fund, a contract may be entered into for such purposes
23 without public letting where the estimated expense thereof is less than
24 twenty thousand dollars, or where in the judgment of the fund an emer-
25 gency condition exists as a result of damage to an existing academic
26 building, dormitory or other facility which has been caused by an act of
27 God, fire or other casualty, or any other unanticipated, sudden and
28 unexpected occurrence, that has resulted in damage to or a malfunction
29 in an existing academic building, dormitory or other facility and
30 involves a pressing necessity for immediate repair, reconstruction or
31 maintenance in order to permit the safe continuation of the use or func-
32 tion of such facility, or to protect the facility or the life, health or
33 safety of any person, and the nature of the work is such that in the
34 judgment of the fund it would be impractical and against the public
35 interest to have public letting; provided, however, that the fund, prior
36 to awarding a contract hereunder because of an emergency condition noti-
37 fy the comptroller of its intent to award such a contract:
38 § 12. Subdivision 11 of section 407-a of the education law, as added
39 by chapter 737 of the laws of 1988, is amended to read as follows:
40 11. Any contract undertaken or financed by the dormitory authority for
41 any construction, reconstruction, rehabilitation or improvement for any
42 special act school district shall comply with the provisions of
43 [sections one hundred one and] section one hundred three of the general
44 municipal law.
45 § 13. Subdivisions 1 and 2 of section 458 of the education law are
46 REPEALED.
47 § 14. Subdivisions 1 and 2 of section 482 of the education law are
48 REPEALED.
49 § 15. Subdivision 3 of section 1726 of the education law, as added by
50 chapter 198 of the laws of 1973, is amended to read as follows:
51 3. Such agreements shall be subject to the bidding requirements of the
52 general municipal law[, except that the provisions of section one
53 hundred one of the general municipal law shall not apply to lease or
54 lease-purchase of pre-manufactured items delivered to the site, but
55 shall apply to installation and other work to be performed on the site].
S. 990 113 A. 1920
1 § 16. Subdivision (b) of section 6281 of the education law is
2 REPEALED.
3 § 17. Subparagraph 4 of paragraph c of subdivision 2 of section
4 27-0707 of the environmental conservation law, as amended by chapter 70
5 of the laws of 1988, is amended to read as follows:
6 (4) the applicant has received or will receive the written opinion of
7 counsel to each [muncipality] municipality or public authority which has
8 entered into a contract, lease or rental agreement with the proposed
9 facility that such contract, lease or rental agreement is in compliance
10 with the applicable requirements of sections [one hundred one,] one
11 hundred three and one hundred twenty-w of the general municipal law.
12 § 18. Subdivision 2 of section 38 of the highway law, as amended by
13 chapter 83 of the laws of 1995, is amended to read as follows:
14 2. Proposals. Each proposal shall specify the correct gross sum for
15 which the work will be performed and shall also include the amount to be
16 charged for each item specified on the proposal estimate sheet. The
17 commissioner of transportation may prescribe and furnish forms for the
18 submission of such proposals and may prescribe the manner of submitting
19 the same which shall not be inconsistent herewith. Accompanying each
20 proposal there shall be either a certified check or bank cashier's check
21 for the amount of the bid deposit, to be fixed by the commissioner of
22 transportation and specified in the advertisement for proposals or such
23 other security from the bidder as may be acceptable to the commissioner
24 of transportation. The checks of the two low bidders shall be deposited
25 by the commissioner of transportation in a special account. Provided,
26 however, that if prior to or upon receipt of said checks by the commis-
27 sioner of transportation a bidder who is one of the two low bidders
28 shall have duly filed a bond as hereinafter provided the commissioner of
29 transportation shall forthwith return to said bidder his aforesaid check
30 without depositing the same. If alternate proposals are taken, the
31 checks of the two low bidders of all alternate proposals shall be depos-
32 ited. All checks other than those of the two low bidders shall be
33 returned promptly by the commissioner of transportation. Notwithstanding
34 the provisions of any general or special law, the money represented by
35 the checks of the two low bidders shall be paid from the special account
36 when the contractor has duly executed and delivered to the commissioner
37 of transportation the contract and the bond or bonds, if any, required
38 by law for the performance of the work of a public improvement for the
39 state of New York, or upon the rejection of all bids. The low bidder, in
40 the discretion of the commissioner of transportation, and the second low
41 bidder, as a matter of right, may at any time after the opening of the
42 respective proposals, file with the commissioner of transportation a
43 bond, the principal amount of which shall at least equal the amount of
44 the respective bidder's check, theretofore deposited with his proposal,
45 in the form prescribed by the commissioner of transportation, with
46 sufficient sureties, to be approved by the commissioner of transporta-
47 tion, conditioned that the said bidder will execute a contract and
48 furnish such performance or other bonds as may be required by law in
49 accordance with the terms of the bidder's said proposal. If a bidder
50 complies with the aforesaid provision, the commissioner of transporta-
51 tion shall forthwith return the money represented by the check of such
52 bidder. In case the bidder to whom the contract shall be awarded shall
53 fail to execute such contract and bond if required, the moneys repres-
54 ented by such check shall be regarded as liquidated damages and shall be
55 forfeited to the state and shall be deposited by the commissioner of
56 transportation with the commissioner of taxation and finance to the
S. 990 114 A. 1920
1 credit of the general fund. Provided, however, that although a perform-
2 ance bond or a payment bond or both may be accepted from a bidder by the
3 commissioner of transportation, a requirement to furnish such bond or
4 bonds may be dispensed with where the aggregate gross sums of the
5 contracts to be awarded for the project is under fifty thousand dollars
6 and provided further, [that in a case where a single contract is issued
7 for a project which is not subject to the multiple contract award
8 requirements of section one hundred thirty-five of the state finance
9 law,] such requirements may be dispensed with where the commissioner
10 finds it to be in the public interest and where the aggregate amount of
11 the contract awarded or to be awarded is less than two hundred fifty
12 thousand dollars. The gross sums indicated on the proposals when opened
13 shall be publicly read. The commissioner shall keep the bids for the
14 several items of the proposals confidential until an award of the
15 contract is made, after which the proposals shall be subject at all
16 reasonable times to public inspection.
17 § 19. Subdivision 2 of section 816-b of the labor law, as added by
18 chapter 571 of the laws of 2001, is amended to read as follows:
19 2. Notwithstanding any other provision of this article, of section one
20 hundred three of the general municipal law, [of section one hundred
21 thirty-five of the state finance law,] of section one hundred fifty-one
22 of the public housing law, or of any other general, special or local law
23 or administrative code, in entering into any construction contract, a
24 governmental entity which is to be a direct or indirect party to such
25 contract may require that any contractors and subcontractors have, prior
26 to entering into such contract, apprenticeship agreements appropriate
27 for the type and scope of work to be performed, that have been regis-
28 tered with, and approved by, the commissioner pursuant to the require-
29 ments found in this article. Whenever utilizing this requirement, the
30 governmental entity may, in addition to whatever considerations are
31 required by law, consider the degree to which career opportunities in
32 apprenticeship training programs approved by the commissioner may be
33 provided.
34 § 20. Subdivision 2 of section 1045-i of the public authorities law,
35 as added by chapter 513 of the laws of 1984, is amended to read as
36 follows:
37 2. Any such agreements (i) shall describe in sufficient detail for
38 reasonable identification the particular water project to be financed in
39 whole or in part by the authority, (ii) shall describe the plan for the
40 financing of the cost of the construction of such water project, includ-
41 ing the amount, if any, to be provided by the water board and the source
42 or sources thereof, (iii) shall set forth the method by which and by
43 whom and the terms and conditions upon which moneys provided by the
44 authority shall be disbursed, (iv) may require, in the discretion of the
45 authority, the payment to the authority of the proceeds of any state and
46 federal grants available to the water board, (v) shall provide for the
47 establishment of user fees, rates, rents and other charges and the
48 charging and collection thereof by the water board for the use of, or
49 services furnished, rendered or made available by such system such as to
50 provide that such board receive revenues at least sufficient, together
51 with other revenues of the board, if any, to meet the requirements of
52 subdivision one of section one thousand forty-five-j of this title,
53 provided that revenues received by such board shall be deposited in a
54 special fund established pursuant to this title and disbursed to, and
55 upon certification of, the authority, (vi) may provide for the transfer
56 by the city to the water board pursuant to section one thousand forty-
S. 990 115 A. 1920
1 five-h of this title of ownership of the sewerage system or water
2 system, or both, as the case may be, of which such project will form a
3 part by the city, (vii) shall provide for the construction and
4 completion of such water project by the city and for the operation,
5 maintenance and repair thereof as an integrated part of the system of
6 which such water project forms a part, subject to such terms and condi-
7 tions, not inconsistent with this title, which may be in the public
8 interest and necessary or desirable properly and adequately to secure
9 the holders of bonds of the authority, provided, however, all contracts
10 for public work and all purchase contracts shall be awarded by the city
11 as provided by law for the award of such contracts by the city and that
12 all contracts for construction shall be let in accordance with the
13 provisions of state law pertaining to prevailing wages, labor standards
14 and working hours[. When the entire cost of constructing a building as
15 part of any water project shall exceed fifty thousand dollars, the city
16 shall prepare separate specifications for the following three subdivi-
17 sions of the work to be performed: (a) plumbing and gas fitting; (b)
18 steam heating, hot water heating, ventilating and air conditioning appa-
19 ratus; and (c) electric wiring and standard illuminating fixtures],
20 (viii) shall provide for the discontinuance or disconnection of the
21 supply of water or the provision of sewerage service, or both, as the
22 case may be, for non-payment of fees, rates, rents or other charges
23 therefor imposed by the water board, provided such discontinuance or
24 disconnection of any supply of water or the provision of sewerage
25 service, or both, as the case may be, shall not be carried out except in
26 the manner and upon the notice as is required of a waterworks corpo-
27 ration pursuant to subdivisions three-a, three-b and three-c of section
28 eighty-nine-b and section one hundred sixteen of the public service law,
29 and (ix) in the discretion of the authority, require reports concerning
30 the project from the water board to the authority and the city.
31 § 21. Subdivision 2 of section 1048-i of the public authorities law,
32 as added by chapter 796 of the laws of 1985, is amended to read as
33 follows:
34 2. Any such agreements (i) shall describe in sufficient detail for
35 reasonable identification the particular water project to be financed in
36 whole or in part by the authority, (ii) shall describe the plan for the
37 financing of the cost of the construction of such water project, includ-
38 ing the amount, if any, to be provided by the water board and the source
39 or sources thereof, (iii) shall set forth the method by which and by
40 whom and the terms and conditions upon which moneys provided by the
41 authority shall be disbursed, (iv) may require, in the discretion of the
42 authority, the payment to the authority of the proceeds of any state and
43 federal grants available to the water board, (v) shall provide for the
44 establishment of user fees, rates, rents and other charges and the
45 charging and collection thereof by the water board for the use of, or
46 services furnished, rendered or made available by such system such as to
47 provide that such board receive revenues at least sufficient, together
48 with other revenues of the board, if any, to meet the requirements of
49 subdivision one of section one thousand forty-eight-j of this title,
50 provided that revenues received by such board shall be deposited in a
51 special fund established pursuant to this title and disbursed to, and
52 upon certification of, the authority, (vi) may provide for the transfer
53 by the city to the water board pursuant to section one thousand forty-
54 eight-h of this title of ownership of the water system of which such
55 project will form a part, (vii) shall provide for the construction and
56 completion of such water project by the city and for the operation,
S. 990 116 A. 1920
1 maintenance and repair thereof as an integrated part of the system of
2 which such water project forms a part, subject to such terms and condi-
3 tions, not inconsistent with this title, which may be in the public
4 interest and necessary or desirable properly and adequately to secure
5 the holders of bonds of the authority, provided, however, all contracts
6 for public work and all purchase contracts shall be awarded by the city
7 as provided by law for the award of such contracts by the city and that
8 all contracts for construction shall be let in accordance with the
9 provisions of state law pertaining to prevailing wages, labor standards
10 and working hours[. When the entire cost of constructing a building as
11 part of any water project shall exceed fifty thousand dollars, the city
12 shall prepare separate specifications for the following three subdivi-
13 sions of the work to be performed: (a) plumbing and gas fitting; (b)
14 steam heating, hot water heating, ventilating and air conditioning appa-
15 ratus; and (c) electric wiring and standard illuminating fixtures],
16 (viii) shall provide for the discontinuance or disconnection of the
17 supply of water for non-payment of fees, rates, rents or other charges
18 therefor imposed by the water board, provided such discontinuance or
19 disconnection of any supply of water shall not be carried out except in
20 the manner and upon the notice as is required of a waterworks corpo-
21 ration pursuant to subdivisions three-a, three-b and three-c of section
22 eighty-nine-b and section one hundred sixteen of the public service law,
23 and (ix) in the discretion of the authority, require reports concerning
24 the project from the water board to the authority and the city.
25 § 22. Section 1137 of the public authorities law, as added by chapter
26 595 of the laws of 1991, is amended to read as follows:
27 § 1137. Construction and purchase contracts. The authority shall let
28 contracts for construction or purchase of supplies, materials, or equip-
29 ment pursuant to [sections one hundred one and] section one hundred
30 three of the general municipal law. Nothing in this section shall be
31 construed to limit the power of the authority to do any construction
32 directly by the officers, agents and employees of the authority.
33 § 23. Section 1147-u of the public authorities law, as added by chap-
34 ter 691 of the laws of 1995, is amended to read as follows:
35 § 1147-u. Construction and purchase contracts. The authority shall let
36 contracts for construction or purchase of supplies, materials, or equip-
37 ment pursuant to [sections one hundred one and] section one hundred
38 three of the general municipal law and shall be let in accordance with
39 the provisions of state law pertaining to prevailing wages, labor stand-
40 ards, and working hours. Nothing in this section shall be construed to
41 limit the power of the authority to do any construction directly by the
42 officers, agents and employees of the authority.
43 § 24. Section 1174-q of the public authorities law, as added by chap-
44 ter 491 of the laws of 1991, is amended to read as follows:
45 § 1174-q. Construction and purchase contracts. The authority shall let
46 contracts for construction or purchase of supplies, materials, or equip-
47 ment pursuant to [sections one hundred one and] section one hundred
48 three of the general municipal law. Nothing in this section shall be
49 construed to limit the power of the authority to do any construction
50 directly by the officers, agents and employees of the authority or to
51 contract with a public utility, for a term not to exceed five years, for
52 the operation and maintenance of a water supply system acquired from
53 said public utility.
54 § 25. Section 1198-q of the public authorities law, as added by chap-
55 ter 868 of the laws of 1990, is amended to read as follows:
S. 990 117 A. 1920
1 § 1198-q. Construction and purchase contracts. The authority shall let
2 contracts for construction or purchase of supplies, materials, or equip-
3 ment pursuant to [sections one hundred one and] section one hundred
4 three of the general municipal law. Nothing in this section shall be
5 construed to limit the power of the authority to do any construction
6 directly by the officers, agents and employees of the authority or to
7 contract with a public utility, for a term not to exceed five years, for
8 the operation and maintenance of a water supply system acquired from
9 said public utility.
10 § 26. Section 1199-qqq of the public authorities law, as added by
11 chapter 678 of the laws of 1990, is amended to read as follows:
12 § 1199-qqq. Construction and purchase contracts. The authority shall
13 let contracts for construction or purchase of supplies, materials, or
14 equipment pursuant to [sections one hundred one and] section one hundred
15 three of the general municipal law. Nothing in this section shall be
16 construed to limit the power of the authority to do any construction
17 directly by the officers, agents and employees of the authority.
18 § 27. Section 1199-qqqq of the public authorities law, as added by
19 chapter 195 of the laws of 1995, is amended to read as follows:
20 § 1199-qqqq. Construction and purchase contracts. The authority shall
21 let contracts for construction or purchase of supplies, materials, or
22 equipment pursuant to [sections one hundred one and] section one hundred
23 three of the general municipal law and shall be let in accordance with
24 the provisions of state law pertaining to prevailing wages, labor stand-
25 ards, and working hours. Nothing in this section shall be construed to
26 limit the power of the authority to do any construction directly by the
27 officers, agents and employees of the authority.
28 § 28. Section 1226-t of the public authorities law, as added by chap-
29 ter 647 of the laws of 1994, is amended to read as follows:
30 § 1226-t. Contracts. All contracts for construction shall be let by
31 the authority in [conformity with the applicable provisions of section
32 one hundred thirty-five of the state finance law and shall be let in]
33 accordance with the provisions of state law pertaining to prevailing
34 wages, labor standards and working hours.
35 The authority may, in its discretion, assign contracts for supervision
36 and coordination to the successful bidder for any subdivision of work
37 for which the authority receives bids. The authority shall not award any
38 construction contract except to the lowest bidder who, in its opinion,
39 is qualified to perform the work required and who is responsible and
40 reliable. The authority may, however, reject any or all bids or waive
41 any informality in a bid if it believes that the public interest will be
42 promoted thereby. The authority may reject any bid if, in its judgment,
43 the business and technical organization, plant, resources, financial
44 standing, or experience of the bidder justifies such rejection in view
45 of the work to be performed.
46 § 29. Section 1230-u of the public authorities law, as added by chap-
47 ter 275 of the laws of 2002, is amended to read as follows:
48 § 1230-u. Contracts. All contracts for construction or purchase of
49 supplies, materials or equipment shall be let by the water board, shall
50 be made in conformity with the applicable provisions of section one
51 hundred three of the general municipal law [and section one hundred
52 thirty-five of the state finance law]. For the purposes of article
53 fifteen-A of the executive law only, the authority and the water board
54 shall each be deemed a state agency as that term is used in such arti-
55 cle, and its contracts for procurement, design, construction, services
56 and materials shall be deemed state contracts within the meaning of that
S. 990 118 A. 1920
1 term as set forth in such article. All construction contracts shall be
2 let in accordance with the provisions of state law pertaining to
3 prevailing wages, labor standards and working hours. The water board
4 may, in its discretion, assign contracts for supervision and coordi-
5 nation to the successful bidder for any subdivision of work for which
6 the water board receives bids. The water board shall not award any
7 construction contract except to the lowest bidder who, in its opinion,
8 is qualified to perform the work required and who is responsible and
9 reliable. The water board may, however, reject any or all bids or waive
10 any informality in a bid if it believes that the public interest will be
11 promoted thereby. The water board may reject any bid if, in its judg-
12 ment, the business and technical organization, plant, resources, finan-
13 cial standing, or experience of the bidder justifies such rejection in
14 view of the work to be performed. Nothing in this title shall be
15 construed to limit or diminish the power of the water board to do any
16 construction directly by the officers, employees or agents of the water
17 board.
18 § 30. Subdivision 1 of section 1287 of the public authorities law, as
19 amended by chapter 552 of the laws of 1980, is amended to read as
20 follows:
21 1. [Construction contracts other than for resource recovery facilities
22 let by the corporation shall be in conformity with the applicable
23 provisions of section one hundred thirty-five of the state finance law,
24 but the corporation in its discretion may assign such contracts for
25 supervision and coordination to the successful bidder for any subdivi-
26 sion of work for which the corporation receives bids.] Contracts for
27 resource recovery facilities may be awarded by the corporation in the
28 same manner as by a municipality pursuant to section one hundred twen-
29 ty-w of the general municipal law.
30 § 31. Paragraph (f) of subdivision 13 of section 1678 of the public
31 authorities law, as added by chapter 825 of the laws of 1987, is amended
32 to read as follows:
33 (f) To sell, convey, lease, sublease or otherwise transfer any real
34 property or interest therein held by the authority to any person, firm,
35 association, corporation or agency, including a public body, for the
36 purpose of constructing or otherwise providing thereon a combined occu-
37 pancy structure, provided that, simultaneously therewith, the authority
38 enters into an agreement for the reconveyance, purchase, lease, sublease
39 or other acquisition of the court facilities to be contained in such
40 combined occupancy structures.
41 Any contract undertaken or financed by the dormitory authority for any
42 construction, reconstruction, rehabilitation or improvement of any court
43 facilities or combined occupancy structures shall comply with the
44 provisions of [sections one hundred one and] section one hundred three
45 of the general municipal law.
46 § 32. Paragraph a of subdivision 2 of section 1680 of the public
47 authorities law, as amended by section 25 of part II of chapter 59 of
48 the laws of 2004, is amended to read as follows:
49 a. [The dormitory authority is hereby authorized and empowered upon
50 application of the educational institution concerned to acquire, design,
51 construct, reconstruct, rehabilitate and improve, or otherwise provide
52 and furnish and equip dormitories and attendant facilities for any
53 educational institution, provided that any contract undertaken or
54 financed by the dormitory authority for any construction, recon-
55 struction, rehabilitation or improvement of any building or structure
56 commenced after September first, nineteen hundred seventy-four for the
S. 990 119 A. 1920
1 Gananda school district or the Gananda educational facilities corpo-
2 ration, or any agency, board or commission therein, or any official
3 thereof, shall comply with the provisions of section one hundred one of
4 the general municipal law and the specifications for such contract may
5 provide for assignment of responsibility for coordination of any of the
6 contracts for such work to a single responsible and qualified person,
7 firm or corporation; provided, however, that all contracts for
8 construction of buildings on behalf of Queens Hospital Center shall be
9 in conformity with the provisions of section one hundred one of the
10 general municipal law; provided that any contracts for the construction,
11 reconstruction, rehabilitation or improvement of any public work project
12 undertaken by the dormitory authority of any facility for the aged for
13 any political subdivision of the state or any district therein or agen-
14 cy, department, board or commission thereof, or any official thereof,
15 shall comply with the provisions of section one hundred thirty-five of
16 the state finance law; and provided further that any contract undertaken
17 or financed by the dormitory authority for any construction, recon-
18 struction, rehabilitation or improvement of any building commenced after
19 January first, nineteen hundred eighty-nine for the department of health
20 shall comply with the provisions of section one hundred thirty-five of
21 the state finance law.]
22 Each educational institution defined in subdivision one of this
23 section, except the department of health of the state of New York,
24 shall, when authorized by an appropriate resolution adopted by its
25 governing board or, when permitted, adopted by an appropriate committee
26 of such governing board, have power: (i) to convey or cause to be
27 conveyed to the authority real property or rights in real property
28 required in connection with the construction and financing of a dormito-
29 ry by the authority for such educational institution; or (ii) to enter
30 into agreements or leases or both with the dormitory authority pursuant
31 to subdivision sixteen of section sixteen hundred seventy-eight of this
32 title and to paragraph e of this subdivision, or both, or, in the case
33 of the department of health of the state of New York, providing that
34 legislation or appropriations which specifies the facilities to be
35 acquired, constructed, reconstructed, rehabilitated or improved for the
36 department of health of the state of New York and the total estimated
37 costs for each such facility, not to exceed four hundred ninety-five
38 million dollars in the aggregate, shall have been approved by the legis-
39 lature, the commissioner of health shall have power: (i) to convey or
40 cause to be conveyed to the authority real property or rights in real
41 property required in connection with the construction and financing of a
42 dormitory by the authority for such educational institution; or (ii) to
43 enter into agreements or leases or both with the dormitory authority
44 pursuant to subdivision sixteen of section sixteen hundred seventy-eight
45 of this title and to paragraph e of this subdivision or both. The educa-
46 tional institution for which such dormitory and attendant facility is
47 intended to be provided shall approve the plans and specifications and
48 location of such dormitory and attendant facility. The dormitory author-
49 ity shall have the same power and authority in respect to such dormito-
50 ries and attendant facilities provided pursuant to this subdivision that
51 it has relative to other dormitories.
52 § 33. Paragraph f of subdivision 27 of section 1680 of the public
53 authorities law, as added by chapter 202 of the laws of 1990, is
54 REPEALED.
S. 990 120 A. 1920
1 § 34. Paragraph a of subdivision 1 of section 1734 of the public
2 authorities law, as added by chapter 738 of the laws of 1988, is amended
3 to read as follows:
4 a. All contracts for the construction, reconstruction, improvement,
5 rehabilitation, maintenance, repair, furnishing, equipping of or other-
6 wise providing for educational facilities for the city board may be
7 awarded in accordance with the provisions of this section, notwithstand-
8 ing the provisions of section eight of the public buildings law, section
9 one hundred three of the general municipal law, [section one hundred
10 thirty-five of the state finance law,] section seven of the New York
11 state financial emergency act for the city of New York or of any other
12 provision of general, special or local law, charter or administrative
13 code.
14 § 35. Paragraph b of subdivision 1 of section 1734 of the public
15 authorities law is REPEALED.
16 § 36. Section 1735 of the public authorities law, as added by chapter
17 738 of the laws of 1988, subdivision 1 as amended by chapter 410 of the
18 laws of 1999 and subdivision 4 as amended by chapter 491 of the laws of
19 2000, is amended to read as follows:
20 § 1735. Certain contracts of the authority. 1. [Notwithstanding the
21 provisions of paragraph b of subdivision one of section seventeen
22 hundred thirty-four of this title, the award of construction contracts
23 by the authority between July first, nineteen hundred eighty-nine and
24 June thirtieth, two thousand two, shall not be subject to the provisions
25 of section one hundred one of the general municipal law.
26 2.] Notice of the invitation for bids for contracts to be awarded
27 pursuant to this section shall state the time and place of the receipt
28 and opening of bids.
29 [3. All bidders shall submit to the authority, prior to the opening of
30 a bid for the award of a contract under this section, a sealed list
31 identifying the names of each subcontractor each contractor proposes to
32 utilize under the contract for the performance of the following subdivi-
33 sions of work:
34 a. Plumbing and gas fitting;
35 b. Steam heating, hot water heating, ventilating and air conditioning
36 apparatus; and
37 c. Electric wiring and standard illuminating fixtures.
38 The low bidder shall specify in such list the estimated value to be
39 paid each such subcontractor for the work to be performed by such
40 subcontractor. After the authority has announced the low bidder at the
41 bid opening, the authority shall open only such low bidder's separate
42 sealed list and shall read aloud such subcontractors listed therein. All
43 such sealed lists except those of the low bidder shall be returned
44 unopened to their respective contractors following the awarding of a
45 contract.
46 4.] 2. The authority shall establish a committee to review and report
47 on contracts issued pursuant to this section and on the procedures and
48 methodology of the authority in awarding such contracts. The review
49 shall include, but not be limited to, the degree to which contractors
50 awarded contracts pursuant to [such paragraph] section seventeen hundred
51 thirty-four of this title, and the subcontractors utilized by them,
52 utilize employees who are represented by labor organizations, comply
53 with existing labor standards, maintain harmonious labor relations and
54 recognize state approved apprentice programs. The committee shall, from
55 time to time, issue economic and statistical reports dealing with the
56 costs of construction under this article. Such reports shall deal with
S. 990 121 A. 1920
1 the costs of labor, material, equipment and profit. The committee shall
2 have no authority to approve or disapprove contracts. The committee
3 shall be composed of two representatives from the authority, one repre-
4 sentative from the board, two representatives from construction-related
5 labor organizations and two representatives from the construction indus-
6 try[, at least one of whom shall be involved in the subdivisions of work
7 described in subdivision three of this section]. The president of the
8 authority shall designate the members of the committee, provided, howev-
9 er, that the president shall designate the representatives of labor
10 organizations from a list of names submitted by the New York state AFL-
11 CIO.
12 [5.] 3. In awarding contracts pursuant to this section the authority
13 shall, in addition to the factors set forth in subdivision three of
14 section seventeen hundred thirty-four of this title, consider the
15 following factors when establishing a list of pre-qualified bidders for
16 construction work: (a) the degree to which a contractor or subcontractor
17 utilizes employees who are represented by a labor organization; (b) the
18 absence of any intentional misrepresentation with regard to lists of
19 subcontractors [previously submitted pursuant to the provisions of
20 subdivision two of this section]; and (c) the record of the bidder in
21 complying with existing labor standards, maintaining harmonious labor
22 relations and recognizing state approved apprentice programs.
23 [6.] 4. The authority shall provide in its construction, erection or
24 alteration contracts which implement a five year educational facilities
25 capital plan a provision that shall require each contractor to make
26 prompt payment to its subcontractors [performing each subdivision of
27 work listed in subdivision three of this section]. Within seven calendar
28 days of the receipt of any payment from the authority, the contractor
29 shall pay to each such subcontractor that portion of the proceeds of
30 such payment representing the value of the work performed by such
31 subcontractor, based upon the actual value of the subcontract, which has
32 been approved and paid for by the authority, less an amount necessary to
33 satisfy any claims, liens or judgments against the subcontractor which
34 have not been suitably discharged and less any amount retained by the
35 contractor as provided herein. For such purpose, the subcontract may
36 provide that the contractor may retain not more than five per centum of
37 each payment to the subcontractor or not more than ten per centum of
38 each such payment if prior to entering into the subcontract the subcon-
39 tractor is unable or unwilling to provide, at the request of the
40 contractor, a performance bond and a labor and material bond both in the
41 amount of the subcontract.
42 At the time of making a payment to the contractor for work performed
43 by the subcontractors [set forth in subdivision three of this section],
44 the authority shall file in its office for review a record of such
45 payment. If any such subcontractor shall notify the authority and the
46 contractor in writing that the contractor has failed to make a payment
47 to it as provided herein and the contractor shall fail, within five
48 calendar days after receipt of such notice, to furnish either proof of
49 such payment or notice that the amount claimed by the subcontractor is
50 in dispute, the authority shall withhold from amounts then or thereafter
51 becoming due and payable to the contractor, other than from amounts
52 becoming due and payable to the contractor representing the value of
53 work approved by the authority and performed by other subcontractors and
54 which the contractor is required to pay to such subcontractors within
55 seven calendar days as herein provided, an amount equal to that portion
56 of the authority's prior payment to the contractor which the subcontrac-
S. 990 122 A. 1920
1 tor claims to be due it, shall remit the amount when and so withheld to
2 the subcontractor and deduct such payment from the amounts then other-
3 wise due and payable to the contractor, which payment shall, as between
4 the contractor and the authority, be deemed a payment by the authority
5 to the contractor. In the event the contractor shall notify the authori-
6 ty as above provided that the claim of the subcontractor is in dispute,
7 the authority shall withhold from amounts then or thereafter becoming
8 due and payable to the contractor, other than from amounts becoming due
9 and payable to the contractor representing the value of work approved by
10 the authority and performed by other subcontractors and which the
11 contractor is required to pay to such subcontractors within seven calen-
12 dar days as herein provided, an amount equal to that portion of the
13 authority's prior payment to the contractor which the subcontractor
14 claims to be due it and deposit such amount when and so withheld in a
15 separate interest-bearing account pending resolution of the dispute, and
16 the amount so deposited together with the interest thereon shall be paid
17 to the party or parties ultimately determined to be entitled thereto, or
18 until the contractor and subcontractor shall otherwise agree as to the
19 disposition thereof. In the event the authority shall be required to
20 withhold amounts from a contractor for the benefit of more than one
21 subcontractor, the amounts so withheld shall be applied to or for such
22 subcontractors in the order in which the written notices of nonpayment
23 have been received by the authority, and if more than one such notice
24 was received on the same day, proportionately based upon the amount of
25 the subcontractor claims received on such day. Nothing herein contained
26 shall prevent the authority from commencing an interpleader action to
27 determine entitlement to a disputed payment in accordance with section
28 one thousand six of the civil practice law and rules, or any successor
29 provision thereto.
30 Payment to a subcontractor shall not relieve the contractor from
31 responsibility for the work covered by the payment. Except as otherwise
32 provided, nothing contained herein shall create any obligation on the
33 part of the authority to pay any subcontractor, nor shall anything
34 provided herein serve to create any relationship in contract or other-
35 wise, implied or expressed, between the subcontractor and the authority.
36 [The provisions of this subdivision shall not be applicable to the
37 subcontractors of a contractor whose contract is limited to the perform-
38 ance of a single subdivision of work listed in subdivision three of this
39 section.
40 7.] 5. The provisions of this section shall cease to be in effect in
41 the event any of the provisions of this section shall be adjudged to be
42 invalid by the final judgment of a court of competent jurisdiction from
43 which judgment all appeals or applications for relief have been
44 exhausted or the time therefor has expired, provided, however, that such
45 appeals or applications are pursued promptly.
46 § 37. Subdivision 1 of section 1840-n of the public authorities law,
47 as added by chapter 273 of the laws of 1979, is amended to read as
48 follows:
49 1. Construction contracts let by the authority or a local development
50 corporation shall be in conformity with the applicable provisions of
51 [sections one hundred thirty-five and] section one hundred forty-four of
52 the state finance law.
53 § 38. Section 1949-d of the public authorities law, as added by chap-
54 ter 130 of the laws of 1996, is amended to read as follows:
55 § 1949-d. Contracts. All contracts for construction shall be let [by
56 the authority in conformity with the applicable provisions of section
S. 990 123 A. 1920
1 one hundred thirty-five of the state finance law and shall be let] in
2 accordance with the provisions of state law pertaining to prevailing
3 wages, labor standards and working hours.
4 The authority may, in its discretion, assign contracts for supervision
5 and coordination to the successful bidder for any subdivision of work
6 for which the authority receives bids. The authority shall not award any
7 construction contract except to the lowest bidder who, in its opinion,
8 is qualified to perform the work required and who is responsible and
9 reliable. The authority may, however, reject any or all bids or waive
10 any informality in a bid if it believes that the public interest will be
11 promoted thereby. The authority may reject any bid if, in its judgment,
12 the business and technical organization, plant, resources, financial
13 standing, or experience of the bidder justifies such rejection in view
14 of the work to be performed.
15 § 39. Subdivision 4 of section 1974 of the public authorities law, as
16 amended by chapter 596 of the laws of 1973, is amended to read as
17 follows:
18 4. To acquire, construct, improve, enlarge, operate and maintain a
19 project within the project area as defined herein and all other struc-
20 tures, appurtenances and facilities necessary or convenient in
21 connection therewith, [provided, however, that all contracts for
22 construction let by the authority shall be let in conformity with the
23 provisions of section one hundred thirty-five of the state finance law,]
24 except that contracts for construction let by subsidiaries of the
25 authority shall be governed [instead] by the applicable provisions of
26 the private housing finance law;
27 § 40. Subdivision 1 of section 2051-p of the public authorities law,
28 as added by chapter 667 of the laws of 1988, is amended to read as
29 follows:
30 1. All contracts or orders, for work, material or supplies performed
31 or furnished in connection with construction, shall be awarded by the
32 agency pursuant to resolution of the governing body except as hereinaft-
33 er provided. Such awards, when applicable, shall be made in compliance
34 with paragraph (e) of subdivision four and subdivision seven[, except
35 paragraph (b),] of section one hundred twenty-w of the general municipal
36 law. In any construction contract, the agency may provide a program for
37 the payment of damages for delays and incentive awards in order to
38 encourage timely project completion. An action, suit or proceeding
39 contesting the validity of a contract awarded pursuant to this section,
40 or the validity of the procedures relating to such award, shall be
41 governed by the provisions of subdivision six of section one hundred
42 twenty-w of the general municipal law and the term "municipality" as
43 used in such subdivision six shall mean the agency.
44 § 41. Subdivision 2 of section 2350-o of the public authorities law is
45 REPEALED and subdivision 3 is renumbered subdivision 2.
46 § 42. Paragraph (a) of subdivision 6 of section 2466 of the public
47 authorities law is REPEALED and paragraphs (b) and (c) are relettered
48 paragraphs (a) and (b).
49 § 43. Subdivision 1 of section 2508 of the public authorities law, as
50 added by chapter 816 of the laws of 1973, is amended to read as follows:
51 1. All contracts for the construction, reconstruction, rehabilitation
52 or improvement of buildings or structures shall be let in the manner
53 provided by law for contracts of the city. The authority [in] if prepar-
54 ing separate specifications may provide for assignment of responsibility
55 for coordination of any of the contracts for such work to a responsible
56 person, firm or corporation.
S. 990 124 A. 1920
1 § 44. Section 2591 of the public authorities law, as added by chapter
2 545 of the laws of 2000, is amended to read as follows:
3 § 2591. Contracts. 1. [Construction contracts let by the authority
4 shall be in conformity with the applicable provisions of section one
5 hundred thirty-five of the state finance law.
6 2.] The authority may, in its discretion, assign contracts for super-
7 vision and coordination to the successful bidder for any subdivision of
8 work for which the authority receives bids. Any construction contract
9 awarded by the authority shall contain such other terms and conditions
10 as the authority may deem desirable. The authority shall not award any
11 construction contract except to the lowest bidder who, in its opinion,
12 is qualified to perform the work required and who is responsible and
13 reliable. The authority may, however, reject any or all bids or waive
14 any informality in a bid if it believes that the public interest will be
15 promoted thereby. The authority may reject any bid, if, in its judgment,
16 the business and technical organization, plant, resources, financial
17 standing, or experience of the bidder justifies such rejection in view
18 of the work to be performed.
19 [3.] 2. All contracts or leases for the construction, reconstruction,
20 rehabilitation or improvement of buildings let by the authority shall
21 comply with the provisions of section two hundred twenty of the labor
22 law.
23 [4.] 3. For the purposes of article fifteen-A of the executive law
24 only, the authority shall be deemed a state agency as that term is used
25 in such article, and all contracts for procurement, design,
26 construction, services and materials shall be deemed state contracts
27 within the meaning of that term as set forth in such article.
28 [5.] 4. If after consideration, the authority determines acting within
29 its discretion and proprietary capacity that given the purpose of any
30 project and the impact of delay, the possibility of cost savings advan-
31 tages, and the local history of labor unrest, if any, its interest in
32 obtaining the best work at the lowest possible price and preventing
33 favoritism, fraud and corruption are best met by requiring a project
34 labor agreement as an incident of any contract let by the authority
35 regarding any project, it may require such a project labor agreement.
36 § 45. Subdivision 1 of section 2620 of the public authorities law, as
37 added by chapter 404 of the laws of 1981, is amended to read as follows:
38 1. Construction contracts let by the authority shall be in conformity
39 with the applicable provisions of [sections one hundred thirty-five and]
40 section one hundred forty-four of the state finance law.
41 § 46. Section 2642-m of the public authorities law, as added by chap-
42 ter 75 of the laws of 2000, is amended to read as follows:
43 § 2642-m. Contracts. 1. All contracts for the construction, recon-
44 struction, rehabilitation or improvement of buildings let by the author-
45 ity shall comply with the provisions of section two hundred twenty of
46 the labor law and shall also be subject to the provisions of law appli-
47 cable to contracts let by a municipal corporation, except as otherwise
48 provided herein.
49 2. [All contracts for the construction, reconstruction, rehabilitation
50 or improvement of buildings let by the authority shall be in conformity
51 with the applicable provisions of section one hundred thirty-five of the
52 state finance law.
53 3.] The authority may, in its discretion, assign contracts for super-
54 vision and coordination to the successful bidder for any subdivision of
55 work for which the authority receives bids. Any construction contract
56 awarded by the authority shall contain such other terms and conditions
S. 990 125 A. 1920
1 as the authority may deem desirable. The authority shall award any
2 construction contract involving an expenditure of more than five thou-
3 sand dollars to the lowest bidder who, in its opinion, is qualified to
4 perform the work required and who is responsible and reliable. The
5 authority may, however, reject any or all bids or waive any informality
6 in a bid if it believes that the public interest will be promoted there-
7 by. The authority may reject any bid, if, in its judgment, the business
8 and technical organization, plant, resources, financial standing, or
9 experience of the bidder justifies such rejection in view of the work to
10 be performed.
11 [4.] 3. For the purposes of article fifteen-A of the executive law
12 only, the authority shall be deemed a state agency as that term is used
13 in such article, and all contracts for procurement, design,
14 construction, services and materials shall be deemed state contracts
15 within the meaning of that term as set forth in such article.
16 § 47. Section 2656 of the public authorities law, as added by chapter
17 124 of the laws of 1998, subdivision 3 as amended by chapter 631 of the
18 laws of 2002, is amended to read as follows:
19 § 2656. Contracts. 1. [Construction contracts let by the authority
20 shall be in conformity with the applicable provisions of section one
21 hundred thirty-five of the state finance law.
22 2.] The authority may, in its discretion, assign contracts for super-
23 vision and coordination to the successful bidder for any subdivision of
24 work for which the authority receives bids. Any construction contract
25 awarded by the authority shall contain such other terms and conditions
26 as the authority may deem desirable. The authority shall not award any
27 construction contract except to the lowest bidder who, in its opinion,
28 is qualified to perform the work required and who is responsible and
29 reliable. The authority may, however, reject any or all bids or waive
30 any informality in a bid if it believes that the public interest will be
31 promoted thereby. The authority may reject any bid, if, in its judgment,
32 the business and technical organization, plant, resources, financial
33 standing, or experience of the bidder justifies such rejection in view
34 of the work to be performed.
35 [3.] 2. Each contract to which the authority is a party including, but
36 not limited to, any contract, lease, grant, bond, covenant, or other
37 debt agreement entered into directly or indirectly by the authority
38 financing in whole or in part, the construction, demolition, recon-
39 struction, excavation, rehabilitation, repair, renovation or alteration
40 of a building or an improvement to property shall require that employ-
41 ers, contractors and sub-contractors shall comply with the provisions of
42 section two hundred twenty of the labor law.
43 [4.] 3. For the purposes of article fifteen-A of the executive law
44 only, the authority shall be deemed a state agency as that term is used
45 in such article, and all contracts for procurement, design,
46 construction, services and materials shall be deemed state contracts
47 within the meaning of that term as set forth in such article[;].
48 § 48. Subdivision 1 of section 2680-q of the public authorities law,
49 as added by chapter 632 of the laws of 1999, is amended to read as
50 follows:
51 1. The authority shall let contracts for construction or purchase of
52 supplies, materials, or equipment pursuant to [sections one hundred one
53 and] section one hundred three of the general municipal law. Nothing in
54 this section shall be construed to limit the powers of the authority to
55 do any construction directly by the officers, agents and employees of
56 the authority.
S. 990 126 A. 1920
1 § 49. Subdivision 1 of section 2722 of the public authorities law is
2 REPEALED and subdivisions 2 and 3 are renumbered subdivisions 1 and 2.
3 § 50. Section 2768 of the public authorities law, as added by chapter
4 663 of the laws of 1989, is amended to read as follows:
5 § 2768. Contracts. All contracts for construction shall be let by the
6 authority in conformity with the applicable provisions of [section one
7 hundred thirty-five of the state finance law and shall be let in accord-
8 ance with the provisions of] state law pertaining to prevailing wages,
9 labor standards and working hours. [In the case of industrial projects,
10 whenever the authority determines that trade secrets or other confiden-
11 tial information about the prospective project occupant's business oper-
12 ations, products, processes or designs would be revealed by public
13 bidding, the requirements of section one hundred thirty-five of the
14 state finance law with respect to public bidding may be waived. In such
15 event, separate specifications shall be prepared for, and separate and
16 independent contracts shall be entered into, for the following three
17 subdivisions of work to be performed: (a) plumbing and gas fitting; (b)
18 steam heating, hot water heating, ventilating and air conditioning appa-
19 ratus; and (c) electric wiring and standard illuminating fixtures.] The
20 authority may, in its discretion, assign contracts for supervision and
21 coordination to the successful bidder for any subdivision of work for
22 which the authority receives bids. The authority shall not award any
23 construction contract except to the lowest bidder who, in its opinion,
24 is qualified to perform the work required and who is responsible and
25 reliable. The authority may, however, reject any or all bids or waive
26 any informality in a bid if it believes that the public interest will be
27 promoted thereby. The authority may reject any bid if, in its judgment,
28 the business and technical organization, plant, resources, financial
29 standing, or experience of the bidder justifies such rejection in view
30 of the work to be performed.
31 § 51. Section 2794 of the public authorities law, as added by chapter
32 686 of the laws of 1993, is amended to read as follows:
33 § 2794. Contracts. All contracts for construction shall be let by the
34 authority in conformity with the applicable provisions of [section one
35 hundred thirty-five of the state finance law and shall be let in accord-
36 ance with the provisions of] state law pertaining to prevailing wages,
37 labor standards and working hours.
38 The authority may, in its discretion, assign contracts for supervision
39 and coordination to the successful bidder for any subdivision of work
40 for which the authority receives bids. The authority shall not award any
41 construction contract except to the lowest bidder who, in its opinion,
42 is qualified to perform the work required and who is responsible and
43 reliable. The authority may, however, reject any or all bids or waive
44 any informality in a bid if it believes that the public interest will be
45 promoted thereby. The authority may reject any bid if, in its judgment,
46 the business and technical organization, plant, resources, financial
47 standing, or experience of the bidder justifies such rejection in view
48 of the work to be performed.
49 § 52. The opening paragraph of subdivision 9 of section 3303 of the
50 public authorities law, as added by chapter 11 of the laws of 1997, is
51 amended to read as follows:
52 It is the intent of the legislature that overall cost should in all
53 cases be a major criterion in the selection of project developers for
54 award of contracts pursuant to this section and that, wherever practi-
55 cal, such contracts should be entered into through competitive bidding
56 procedures as prescribed by [sections one hundred one and] section one
S. 990 127 A. 1920
1 hundred three of the general municipal law. It is further the intent of
2 the legislature to acknowledge the highly complex and innovative nature
3 of medical technology, diagnostic and treatment devices, the relative
4 newness of a variety of devices, processes and procedures now available,
5 the desirability of a single point of responsibility for the development
6 of medical treatment and diagnostic facilities and the economic and
7 technical utility of contracts for medical projects which include in
8 their scope various combinations of design, construction, operation,
9 management and/or maintenance responsibility over prolonged periods of
10 time and that in some instances it may be beneficial to the corporation
11 to award a contract for a medical project on the basis of factors other
12 than cost alone, including but not limited to facility design, system
13 reliability, efficiency, safety, and compatibility with other elements
14 of patient care. Accordingly, and notwithstanding the provisions of any
15 general, special or local law or chapter, a contract for a medical
16 project entered into between the corporation and any project developer
17 pursuant to this section may be awarded pursuant to public bidding in
18 compliance with [sections one hundred one and] section one hundred three
19 of the general municipal law or pursuant to the following provisions for
20 the award of a contract based on evaluation of proposals submitted in
21 response to a request for proposals prepared by or for the corporation:
22 § 53. Subdivision 10 of section 3303 of the public authorities law, as
23 added by chapter 11 of the laws of 1997, is amended to read as follows:
24 10. Every contract entered into between the corporation and a project
25 developer, pursuant to the provisions of paragraph (d) of subdivision
26 nine of this section, for a medical project involving construction of a
27 medical building by the project developer, shall contain provisions that
28 such building shall be constructed through construction contracts
29 awarded through competitive bidding in accordance with paragraphs (a)
30 through [(g)] (f) of this subdivision; that the project developer or the
31 project developer's construction subcontractor shall furnish a bond
32 guaranteeing prompt payment of moneys that are due to all persons
33 furnishing labor and materials pursuant to the requirements of such
34 construction contracts, and that a copy of such payment bond shall be
35 kept by the corporation and shall be open to public inspection;
36 provided, however, that the requirements of this subdivision shall not
37 apply when the cost of such construction, exclusive of the cost of
38 medical equipment and devices, is less than seventy-five thousand
39 dollars.
40 (a) The project developer shall advertise for bids for such
41 construction contracts in a daily newspaper having general circulation
42 in the county. Such advertisement shall contain a statement of the time
43 and place where all bids received pursuant to such notice will be
44 publicly opened and read. An employee of the corporation shall be
45 designated to open the bids at the time and place specified in the
46 notice. All bids received shall be publicly opened and read at the time
47 and place so specified. At least five days shall elapse between the
48 publication of such advertisement and date on which the bids are opened.
49 (b) [When the entire cost of constructing such building, exclusive of
50 any medical equipment, apparatus or devices, shall exceed seventy-five
51 thousand dollars, the project developer shall prepare separate specifi-
52 cations for the following subdivisions of such work, so as to permit
53 separate and independent bidding upon each subdivision:
54 (i) plumbing and gas fittings;
55 (ii) steam heating, hot water heating, ventilating and air condition-
56 ing apparatus; and
S. 990 128 A. 1920
1 (iii) electric wiring and standard illuminating fixtures.
2 (c) After public competitive bidding, the project developer shall
3 award one or more separate contracts for each of the above subdivisions
4 of such work, whenever separate specifications are required pursuant to
5 paragraph (b) of this subdivision, and one or more contracts for the
6 remainder of such work. The project developer may award such contracts
7 at different times.] Contracts awarded pursuant to this [paragraph]
8 subdivision shall be awarded by the project developer to the lowest
9 responsible and responsive bidder and shall be contracts of the project
10 developer and not of the corporation which shall have no obligation or
11 liabilities, whatsoever, thereunder. The project developer shall have
12 the responsibility for the supervision, coordination, and termination of
13 such contracts, unless otherwise specified in contractual terms between
14 the project developer and the corporation.
15 [(d)] (c) In determining whether a prospective contractor is responsi-
16 ble and responsive, the project developer may require that prospective
17 contractors:
18 (i) have adequate financial resources or the ability to obtain such
19 resources;
20 (ii) be able to comply with the required or proposed delivery or
21 performance schedule;
22 (iii) have a satisfactory record of performance;
23 (iv) have the necessary organization, experience, operational
24 controls, and technical skills, or the ability to obtain them;
25 (v) have the necessary production, construction and technical equip-
26 ment and facilities, or the ability to obtain them; and
27 (vi) be eligible to receive an award under applicable laws and regu-
28 lations and be otherwise qualified.
29 [(e)] (d) The project developer may reject any bid of a bidder which
30 the project developer determines to be nonresponsible or nonresponsive
31 to the advertisement for bids.
32 [(f)] (e) The project developer may, in its discretion, reject all
33 bids, and may revise bid specifications and may readvertise for bids as
34 provided herein.
35 [(g)] (f) Only as used in this section:
36 (i) "project developer" means any private corporation, partnership,
37 limited liability company, or individual, or combination thereof which
38 has submitted a proposal in response to a request for proposals;
39 (ii) "construction" shall include reconstruction, rehabilitation or
40 improvement exclusive of the installation and assembly of any medical
41 equipment, apparatus or device;
42 (iii) "medical building" means that component of a medical project
43 constituting appurtenant structures or facilities necessary to house or
44 render the remaining components of the medical project operational.
45 Medical building shall not include apparatus, equipment, devices,
46 systems, supplies or any combination thereof;
47 (iv) "medical project" means any substantial durable apparatus, equip-
48 ment, device or system, or any combination of the foregoing, including
49 services necessary to install, erect, or assemble the foregoing and any
50 appurtenant structures or facilities necessary to house or render the
51 foregoing operational, to be used for the purpose of care, treatment or
52 diagnosis of disease or injury or the relief of pain and suffering of
53 sick or injured persons. Medical projects shall not include ordinary
54 supplies and equipment expended or utilized in the customary care and
55 treatment of patients.
S. 990 129 A. 1920
1 § 54. The opening paragraph of subdivision 8 of section 3402 of the
2 public authorities law, as added by chapter 9 of the laws of 1997, is
3 amended to read as follows:
4 It is the intent of the legislature that overall cost should in all
5 cases be a major criterion in the selection of project developers for
6 award of contracts pursuant to this section and that, wherever practi-
7 cal, such contracts should be entered into pursuant to the provisions of
8 [sections one hundred one and] section one hundred three of the general
9 municipal law. It is further the intent of the legislature to acknowl-
10 edge the highly complex and innovative nature of medical technology,
11 diagnostic and treatment devices, the relative newness of a variety of
12 devices, processes and procedures now available, the desirability of a
13 single point of responsibility for the development of medical treatment
14 and diagnostic facilities and the economic and technical utility of
15 contracts for medical projects which include in their scope various
16 combinations of design, construction, operation, management and/or main-
17 tenance responsibility over prolonged periods of time and that in some
18 instances it may be beneficial to the corporation to award a contract
19 for a medical project on the basis of factors other than capital cost
20 alone, including but not limited to facility design, system reliability,
21 efficiency, safety, long-term operating costs and compatibility with
22 other elements of patient care. Accordingly, and notwithstanding the
23 provisions of any general, special or local law or chapter, a contract
24 for a medical project entered into between the corporation and any
25 project developer pursuant to this section may be awarded pursuant to
26 public bidding in compliance with [sections one hundred one and] section
27 one hundred three of the general municipal law or pursuant to the
28 following provisions for the award of a contract based on evaluation of
29 proposals submitted in response to a request for proposals prepared by
30 or for the corporation:
31 § 55. Subdivision 9 of section 3402 of the public authorities law, as
32 added by chapter 9 of the laws of 1997, is amended to read as follows:
33 9. Every contract entered into between the corporation and a project
34 developer, pursuant to the provisions of paragraph (d) of subdivision
35 eight of this section, for a medical project involving construction of a
36 medical building by the project developer, shall contain provisions that
37 such building shall be constructed through construction contracts
38 awarded through competitive bidding in accordance with paragraphs (a)
39 through [(g)] (f) of this subdivision; that the project developer or the
40 project developer's construction subcontractor shall furnish a bond
41 guaranteeing prompt payment of moneys that are due to all persons
42 furnishing labor and materials pursuant to the requirements of such
43 construction contracts, and that a copy of such payment bond shall be
44 kept by the corporation and shall be open to public inspection;
45 provided, however, that the requirements of this subdivision shall not
46 apply when the cost of such construction, exclusive of the cost of
47 medical equipment and devices, is less than seventy-five thousand
48 dollars.
49 (a) The project developer shall advertise for bids for such
50 construction contracts in a daily newspaper having general circulation
51 in the county. Such advertisement shall contain a statement of the time
52 and place where all bids received pursuant to such notice will be
53 publicly opened and read. An employee of the corporation shall be
54 designated to open the bids at the time and place specified in the
55 notice. All bids received shall be publicly opened and read at the time
S. 990 130 A. 1920
1 and place so specified. At least five days shall elapse between the
2 publication of such advertisement and date on which the bids are opened.
3 (b) [When the entire cost of constructing such building, exclusive of
4 any medical equipment, apparatus or devices, shall exceed seventy-five
5 thousand dollars, the project developer shall prepare separate specifi-
6 cations for the following subdivisions of such work, so as to permit
7 separate and independent bidding upon each subdivision:
8 (i) plumbing and gas fittings;
9 (ii) steam heating, hot water heating, ventilating and air condition-
10 ing apparatus; and
11 (iii) electric wiring and standard illuminating fixtures.
12 (c) After public competitive bidding, the project developer shall
13 award one or more separate contracts for each of the above subdivisions
14 of such work, whenever separate specifications are required pursuant to
15 paragraph (b) of this subdivision, and one or more contracts for the
16 remainder of such work. The project developer may award such contracts
17 at different times.] Contracts awarded pursuant to this [paragraph]
18 subdivision shall be awarded by the project developer to the lowest
19 responsible and responsive bidder and shall be contracts of the project
20 developer and not of the corporation which shall have no obligation or
21 liabilities, whatsoever, thereunder. The project developer shall have
22 the responsibility for the supervision, coordination, and termination of
23 such contracts, unless otherwise specified in contractual terms between
24 the project developer and the corporation.
25 [(d)] (c) In determining whether a prospective contractor is responsi-
26 ble and responsive, the project developer may require that prospective
27 contractors:
28 (i) have adequate financial resources or the ability to obtain such
29 resources;
30 (ii) be able to comply with the required or proposed delivery or
31 performance schedule;
32 (iii) have a satisfactory record of performance;
33 (iv) have the necessary organization, experience, operational
34 controls, and technical skills, or the ability to obtain them;
35 (v) have the necessary production, construction and technical equip-
36 ment and facilities, or the ability to obtain them; and
37 (vi) be eligible to receive an award under applicable laws and regu-
38 lations and be otherwise qualified.
39 [(e)] (d) The project developer may reject any bid of a bidder which
40 the project developer determines to be nonresponsible or nonresponsive
41 to the advertisement for bids.
42 [(f)] (e) The project developer may, in its discretion, reject all
43 bids, and may revise bid specifications and may readvertise for bids as
44 provided herein.
45 [(g)] (f) Only as used in this section:
46 (i) "project developer" means any private corporation, partnership,
47 limited liability company, or individual, or combination thereof which
48 has submitted a proposal in response to a request for proposals;
49 (ii) "construction" shall include reconstruction, rehabilitation or
50 improvement exclusive of the installation and assembly of any medical
51 equipment, apparatus or device;
52 (iii) "medical building" means that component of a medical project
53 constituting appurtenant structures or facilities necessary to house or
54 render the remaining components of the medical project operational.
55 Medical building shall not include apparatus, equipment, devices,
56 systems, supplies or any combination thereof;
S. 990 131 A. 1920
1 (iv) "medical project" means any substantial durable apparatus, equip-
2 ment, device or system, or any combination of the foregoing, including
3 services necessary to install, erect, or assemble the foregoing and any
4 appurtenant structures or facilities necessary to house or render the
5 foregoing operational, to be used for the purpose of care, treatment or
6 diagnosis of disease or injury or the relief of pain and suffering of
7 sick or injured persons. Medical projects shall not include ordinary
8 supplies and equipment expended or utilized in the customary care and
9 treatment of patients.
10 § 56. The opening paragraph of subdivision 8 of section 3603 of the
11 public authorities law, as added by chapter 507 of the laws of 1999, is
12 amended to read as follows:
13 It is the intent of the legislature that overall costs should in all
14 cases [by] be a major criterion in the selection of project developers
15 for the award of contracts pursuant to this section and that, wherever
16 practical, such contracts should be entered into through competitive
17 bidding procedures as prescribed by [sections one hundred one and]
18 section one hundred three of the general municipal law. It is further
19 the intent of the legislature to acknowledge the highly complex and
20 innovative nature of medical technology, diagnostic and treatment
21 devices, the relative newness of a variety of devices, processes and
22 procedures now available, the desirability of a single point of respon-
23 sibility for the development of medical treatment and diagnostic facili-
24 ties and the economic and technical utility of contracts for medical
25 projects which include in their scope various combinations of design,
26 construction, operation, management and/or maintenance responsibility
27 over prolonged periods of time. In some instances it may be beneficial
28 to the corporation to award a contract for a medical project on the
29 basis of factors other than cost alone, including but not limited to
30 facility design, system reliability, efficiency, safety, and compatibil-
31 ity with other elements of patient care. Accordingly, and notwithstand-
32 ing the provisions of any general, special or local law, a contract for
33 a medical project entered into between the corporation and any project
34 developer pursuant to this article may be awarded pursuant to public
35 bidding in compliance with [sections one hundred one and] section one
36 hundred three of the general municipal law or pursuant to the following
37 provisions for the award of a contract based on evaluation of proposals
38 submitted in response to a request for proposals prepared by or for the
39 corporation:
40 § 57. Subdivision 9 of section 3603 of the public authorities law, as
41 added by chapter 507 of the laws of 1999, is amended to read as follows:
42 9. Every contract entered into between the corporation and a project
43 developer, pursuant to the provisions of paragraph (c) of subdivision
44 eight of this section, for a medical project involving construction of a
45 medical building by the project developer, shall contain provisions that
46 such building shall be constructed through construction contracts
47 awarded through bidding in accordance with paragraphs (a) through [(g)]
48 (f) of this subdivision; that the project developer or the project
49 developer's construction subcontractor shall furnish a bond guaranteeing
50 prompt payment of moneys that are due to all persons furnishing labor
51 and materials pursuant to the requirements of such construction
52 contracts, and that a copy of such payment bond shall be kept by the
53 corporation and shall be open to public inspection; provided, however,
54 that the requirements of this subdivision shall not apply when the cost
55 of such construction, exclusive of the cost of medical equipment and
56 devices, is less than seventy-five thousand dollars.
S. 990 132 A. 1920
1 (a) The project developer shall advertise for bids for such
2 construction contracts in the official newspaper or newspapers, if any,
3 or otherwise in a newspaper or newspapers designated for such purpose.
4 Such advertisements shall contain a statement of the time and place
5 where all bids received pursuant to such notice will be publicly opened
6 and read. An employee of the corporation shall be designated to open
7 the bids at the time and place specified in the notice. All bids
8 received shall be publicly opened and read at the time and place so
9 specified. At least five days shall elapse between the publication of
10 such advertisement and date on which the bids are opened.
11 (b) [When the entire cost of constructing such building, exclusive of
12 any medical equipment, apparatus or devices, shall exceed seventy-five
13 thousand dollars, the project developer shall prepare separate specifi-
14 cations for the following subdivisions of such work, so as to permit
15 separate and independent bidding upon each subdivision:
16 (i) plumbing and gas fittings;
17 (ii) steam heating, hot water heating, ventilating and air condition-
18 ing apparatus; and
19 (iii) electric wiring and standard illuminating fixtures.
20 (c) After public competitive bidding, the project developer shall
21 award one or more separate contracts for each of the subdivisions of
22 such work set forth in subparagraphs (i), (ii) and (iii) of paragraph
23 (b) of this subdivision, whenever separate specifications are required
24 pursuant to paragraph (b) of this subdivision, and one or more contracts
25 for the remainder of such work. The project developer may award such
26 contract at different times.] Contracts awarded pursuant to this [para-
27 graph] subdivision shall be awarded by the project developer to the
28 lowest responsible and responsive bidder and shall be contracts of the
29 project developer and not of the corporation which shall have no obli-
30 gation or liabilities, whatsoever, thereunder. The project developer
31 shall have the responsibility for the supervision, coordination, and
32 termination of such contracts, unless otherwise specified in contractual
33 terms between the project developer and the corporation.
34 [(d)] (c) In determining whether a prospective contractor is responsi-
35 ble and responsive, the project developer may require that prospective
36 contractors:
37 (i) have adequate financial resources or the ability to obtain such
38 resources;
39 (ii) be able to comply with the required or proposed delivery or
40 performance schedule;
41 (iii) have a satisfactory record of performance;
42 (iv) have the necessary organization, experience, operational
43 controls, and technical skills, or the ability to obtain them;
44 (v) have the necessary production, construction and technical equip-
45 ment and facilities, or the ability to obtain them; and
46 (vi) be eligible to receive an award under applicable laws and regu-
47 lations and be otherwise qualified.
48 [(e)] (d) The project developer may reject any bid of a bidder which
49 the project developer determines to be nonresponsible or nonresponsive
50 to the advertisement for bids.
51 [(f)] (e) The project developer may, in its discretion, reject all
52 bids, and may revise bid specifications and may readvertise for bids as
53 provided herein.
54 [(g)] (f) As used in this section:
S. 990 133 A. 1920
1 (i) "project developer" means any private corporation, partnership,
2 limited liability company, or individual, or combination thereof which
3 has submitted a proposal in response to a request for proposals;
4 (ii) "construction" shall include reconstruction, rehabilitation or
5 improvement exclusive of the installation and assembly of any medical
6 equipment, apparatus or device;
7 (iii) "medical building" means that component of a medical project
8 constituting appurtenant structures or facilities necessary to house or
9 render the remaining components of the medical project operational.
10 Medical building shall not include apparatus, equipment, devices,
11 systems, supplies or any combination thereof;
12 (iv) "medical project" means any substantial durable apparatus, equip-
13 ment, device or system, or any combination of the foregoing, including
14 services necessary to install, erect, or assemble the foregoing and any
15 appurtenant structures or facilities necessary to house or render the
16 foregoing operational, to be used for the purpose of care, treatment or
17 diagnosis of disease or injury or the relief of pain and suffering of
18 sick or injured persons. Medical projects shall not include ordinary
19 supplies and equipment expended or utilized in the customary care and
20 treatment of patients.
21 § 58. Subdivision 4 of section 279-c of the county law, as added by
22 chapter 504 of the laws of 1997, is amended to read as follows:
23 4. Every agreement entered into between the district and a private
24 entity, pursuant to subdivision one of this section, for the
25 construction of a wastewater treatment facility, shall require the
26 payment of all applicable prevailing wages pursuant to section two
27 hundred twenty of the labor law, shall require the furnishing to the
28 district of a performance bond in the full amount of the cost of such
29 construction, shall require that each contractor and subcontractor
30 performing work on such construction furnish a payment bond in the full
31 amount of its contract guaranteeing prompt payment of monies that are
32 due to all persons furnishing labor and materials to such contractor or
33 subcontractor[, and shall contain provisions that such construction, if
34 in excess of twenty thousand dollars, shall be conducted pursuant to
35 section one hundred one of the general municipal law]. A copy of the
36 above mentioned payment and performance bonds shall be kept by the
37 district and shall be open to public inspection.
38 § 59. Paragraph c of subdivision 2 of section 8 of section 1 of chap-
39 ter 359 of the laws of 1968, constituting the facilities development
40 corporation act, is amended to read as follows:
41 c. [The corporation shall prepare separate specifications for and
42 solicit separate and independent bids on and award separate contracts on
43 the subdivisions of work to be performed specified in section one
44 hundred thirty-five of the state finance law, but the corporation in its
45 discretion may assign such contracts for supervision to the successful
46 bidder for the remaining work to be performed at the time the contracts
47 for the particular health facility are awarded.] Each contract for the
48 construction of a health facility may include a provision that the
49 architect who designed the facility, or an architect or engineer
50 retained or employed specifically for the purpose of supervision, shall
51 supervise the work to be performed through to completion and shall see
52 to it that the materials furnished and the work performed are in accord-
53 ance with the drawings, plans, specifications and contracts therefor.
54 § 60. Paragraphs b, f, g and h of subdivision 2 of section 9 of
55 section 1 of chapter 359 of the laws of 1968, constituting the facili-
56 ties development corporation act, paragraphs b and f as amended by chap-
S. 990 134 A. 1920
1 ter 658 of the laws of 1973, the opening paragraph of subparagraph (i)
2 of paragraph b as amended by chapter 166 of the laws of 1991, paragraph
3 g as amended by chapter 127 of the laws of 2000 and paragraph h as
4 amended by chapter 351 of the laws of 1989, are amended to read as
5 follows:
6 b. (i) The corporation may design, construct, reconstruct, rehabili-
7 tate and improve a mental hygiene facility, other than a community
8 mental health and retardation facility, whether as principal or as agent
9 for the state housing finance agency or the medical care facilities
10 finance agency, only by agreement with the commissioner of general
11 services, except that in the case a mental hygiene facility owned or
12 leased by a voluntary agency that is to be designed, constructed, recon-
13 structed, rehabilitated and improved under any lease, sublease, loan or
14 other financing agreement entered into with such voluntary agency, or
15 jointly with such voluntary agency and one or more voluntary agencies
16 that operate such facility the same may be designed, constructed, recon-
17 structed, rehabilitated and improved by such voluntary agencies, and
18 except that:
19 (a) if the commissioner of general services for any reason declines to
20 enter into an agreement with the corporation for such purpose; or
21 (b) if the commissioner of general services fails to enter into an
22 agreement with the corporation for such purpose within forty-five days
23 after receiving notification from the directors of the corporation of
24 the work to be performed; or
25 (c) if the commissioner of general services fails to advertise such
26 work for bids within one year after entering into an agreement with the
27 corporation for the performance of such work; or
28 (d) if the estimated expense of any such work is less than ten thou-
29 sand dollars, the corporation may construct, reconstruct, rehabilitate
30 and improve a mental hygiene facility by its own employees or by
31 contract awarded pursuant to paragraph [g] f of this subdivision.
32 (ii) The corporation, with the approval of the director of the budget,
33 may construct, reconstruct, rehabilitate and improve a community mental
34 health and retardation facility by its own employees, by agreement with
35 a city or county or with any state department or agency authorized to
36 perform such work, or by contract awarded pursuant to paragraph [g] f of
37 this subdivision. All contracts awarded by a city or county on behalf of
38 the corporation shall be awarded pursuant to paragraph [g] f of this
39 subdivision, notwithstanding any provision of any general, special or
40 local law or any charter.
41 f. [If the corporation is the letting agency, whether as principal or
42 as agent for the state housing finance agency, the directors of the
43 corporation shall prepare separate specifications for, and solicit sepa-
44 rate and independent bids on, and award, separate contracts on the
45 subdivisions of work to be performed specified in section one hundred
46 thirty-five of the state finance law, but the directors of the corpo-
47 ration may in their discretion assign such contracts for supervision to
48 the successful bidder for the remaining work to be performed at the time
49 the contracts for the particular mental hygiene facility are awarded.
50 g.] All contracts which are to be awarded pursuant to this paragraph
51 shall be awarded by public letting in accordance with the following
52 provisions, notwithstanding any contrary provision of section one
53 hundred thirty-six, one hundred thirty-nine or one hundred forty of the
54 state finance law, except that in the discretion of the directors of the
55 corporation, a contract may be entered into for such purposes without
S. 990 135 A. 1920
1 public letting where the estimated expense thereof is no more than forty
2 thousand dollars:
3 (i) If contracts are to be publicly let, the directors of the corpo-
4 ration shall advertise the invitation to bid in a newspaper published in
5 the county of Albany and in such other newspapers as will be most likely
6 in their opinion to give adequate notice to contractors of the work
7 required and of the invitation to bid. The invitation to bid shall
8 contain such information as the directors of the corporation shall deem
9 appropriate and a statement of the time and place where all bids
10 received pursuant to such notice will be publicly opened and read.
11 (ii) The directors of the corporation shall not award any contract
12 after public bidding except to the lowest bidder who in their opinion is
13 qualified to perform the work required and is responsible and reliable.
14 The directors of the corporation may, however, reject any or all bids,
15 again advertise for bids, or waive any informality in a bid if they
16 believe that the public interest will be promoted thereby. The directors
17 of the corporation may reject any bid if in their judgment the business
18 and technical organization, plant, resources, financial standing or
19 business experience of the bidder, compared with the work to be
20 performed, justify such rejection.
21 (iii) The invitation to bid and the contract awarded shall contain
22 such other terms and conditions, and such provisions for penalties, as
23 the directors of the corporation may deem desirable.
24 (iv) The directors of the corporation shall require such deposits,
25 bonds and security in connection with the submission of bids, the award
26 of contracts and the performance of work as they shall determine to be
27 in the public interest and for the protection of the state and affected
28 state agencies, including the corporation.
29 [h.] g. The directors of the corporation shall determine when minor
30 work of construction, reconstruction, alteration or repair of any mental
31 hygiene facility may be done by special order. Special orders for such
32 work shall be short-form contracts approved by the attorney general and
33 by the comptroller. No work shall be done by special order in an amount
34 in excess of twenty thousand dollars and a bond shall not be required
35 for special orders. No work shall be done by special order unless the
36 directors have presented to the comptroller evidence that they have made
37 a diligent effort to obtain competition sufficient to protect the inter-
38 ests of the state prior to selecting the contractor to perform the work.
39 Notwithstanding the provisions of paragraph [g] f of this subdivision,
40 work done by special order under this paragraph may be advertised
41 through the regular public notification service of the office of general
42 services or the state register. At least five days shall elapse between
43 the first publication of such public notice and the date so specified
44 for the public opening of bids. The directors may also authorize the
45 corporation to enter into special order contracts using bids advertised
46 for, received and opened by any office of the department, in compliance
47 with this act and all other applicable laws, and transmitted to the
48 corporation. All payments on special orders shall be made on the certif-
49 icate of the directors of the corporation and audited and approved by
50 the state comptroller. All special orders shall contain a clause that
51 the special order shall only be deemed executory to the extent of the
52 moneys available and no liability shall be incurred by the state beyond
53 the moneys available for the purpose.
54 § 61. Subdivision (c) of section 4 of chapter 560 of the laws of 1980,
55 relating to authorizing the city of New York to adopt a solid waste
56 management law, is amended to read as follows:
S. 990 136 A. 1920
1 (c) [Every contract, lease or other agreement entered into, pursuant
2 to this section, by the city of New York for construction, recon-
3 struction, rehabilitation or improvement of buildings for a solid waste
4 recovery and management facility shall contain a provision that, when
5 the entire cost of such work shall exceed fifty thousand dollars, sepa-
6 rate specifications shall be prepared for the following three subdivi-
7 sions of work:
8 (1) Plumbing and gas fitting;
9 (2) Steam heating, hot water heating, ventilating and air conditioning
10 apparatus; and
11 (3) Electric wiring and standard illuminating fixtures.
12 Such specifications shall be drawn to permit the letting of separate
13 and independent contracts by the developer for each of these three
14 subdivisions of work. The city of New York may, at its discretion,
15 direct that such specifications include minimum qualifications for
16 bidders with regard to licensing, bonding capacity, minority partic-
17 ipation, and past performance on prior contracts. Every developer under-
18 taking the construction, reconstruction, rehabilitation, or improvement
19 of the buildings of a solid waste recovery and management facility
20 pursuant to the provisions of its contract with the city of New York
21 shall let separate contracts to the lowest responsible bidder for the
22 three subdivisions of the above specified work, to any persons who are
23 responsible and reliable bidders engaged in these classes of work. Any
24 such contracts shall be contracts of the developer and not of the city
25 of New York. The city of New York shall have no obligations or liabil-
26 ities, whatsoever, thereunder. The developer shall have the responsibil-
27 ity for supervision and coordination of work under such separate
28 contracts.]
29 The city of New York shall [also] have the right to reject any bidder
30 not meeting the reasonable and justifiable qualifications that it has
31 established for bidders. All qualified bidders engaged in the above
32 specified work shall be entitled to bid and to receive, upon request, a
33 copy of the plans and specifications. All such bids shall be delivered
34 to such city and be opened publicly at a stated time and place, by a
35 designated municipal employee.
36 Notwithstanding any law or agreement that requires a bond or bonds,
37 the city of New York shall in addition require, prior to the approval of
38 any contract, lease, or agreement providing for the construction, recon-
39 struction, rehabilitation, or improvement of any building for a solid
40 waste recovery and management facility, that the developer, if other
41 than the city of New York, furnish a bond guaranteeing prompt payment of
42 moneys that are due to all persons furnishing labor or materials in the
43 conduct of work provided for in such contract, lease, or other agree-
44 ment. A copy of such payment bond shall be kept by the city and shall be
45 open to public inspection.
46 [The requirements to subcontract, contained herein, shall not apply to
47 the system to be used for receiving, processing, handling or storing
48 waste, or the products and by-products derived therefrom, or materials
49 used in such processing or handling of the system and any equipment or
50 property involving proprietary or trade secrets.]
51 § 62. Section 11 of chapter 795 of the laws of 1967, relating to the
52 construction of boards of cooperative educational services buildings, is
53 REPEALED.
54 § 63. Subdivision 1 of section 11 of section 1 of chapter 174 of the
55 laws of 1968, constituting the New York state urban development corpo-
56 ration act, is amended to read as follows:
S. 990 137 A. 1920
1 (1) Construction contracts let by [the corporation shall be in
2 conformity with the applicable provisions of section one hundred thir-
3 ty-five of the state finance law, provided, however, that construction
4 contracts let by] subsidiaries of the corporation which are housing
5 companies shall be governed by the applicable provisions of the private
6 housing finance law[; provided further, however, that in the case of
7 industrial projects, whenever the corporation determines that trade
8 secrets or other confidential information about the prospective project
9 occupant's business operations, products, processes or designs would be
10 revealed by public bidding, the requirements of section one hundred
11 thirty-five of the state finance law with respect to public bidding may
12 be waived. In such event, separate specifications shall be prepared for,
13 and separate and independent contracts shall be entered into, for the
14 following three subdivisions of work to be performed: (a) plumbing and
15 gas fitting; (b) steam heating, hot water heating, ventilating and air
16 conditioning apparatus; and (c) electric wiring and standard illuminat-
17 ing fixtures].
18 § 64. Section 9 of chapter 892 of the laws of 1971, amending the
19 public authorities law relating to construction by the dormitory author-
20 ity, is REPEALED.
21 § 65. Section 21 of chapter 464 of the laws of 1972, amending the
22 public authorities law and other laws relating to providing facilities
23 for community colleges and the powers of the state university trustees,
24 is REPEALED.
25 § 66. Section 29 of chapter 337 of the laws of 1972, amending the
26 correction law and other laws relating to facilities for the department
27 of correctional services, is REPEALED.
28 § 67. Subdivision 3 of section 6 of chapter 345 of the laws of 1968,
29 relating to establishing a United Nations development district and
30 formulating and administering plans for the development of such
31 district, as amended by chapter 623 of the laws of 1971, is amended to
32 read as follows:
33 (3) to undertake or cause its subsidiary corporation or corporations
34 to undertake, or otherwise to have undertaken on behalf of the corpo-
35 ration, the execution of a development plan or of a portion thereof, and
36 the financing, acquisition, construction, rehabilitation, improvement,
37 operation and management of any project or portion thereof, including
38 attendant relocation facilities, [provided however, that all contracts
39 let by the corporation or by a subsidiary (rather than a sponsor or a
40 person, firm or corporation acting as sponsor in lieu of the corporation
41 or its subsidiaries) for the erection, construction, or alteration of
42 buildings shall be let in conformity with the provisions of section one
43 hundred thirty-five of the state finance law,]
44 § 68. Subdivision 5 of section 5 of chapter 35 of the laws of 1979,
45 relating to appropriating funds to the New York state urban development
46 corporation, as amended by chapter 3 of the laws of 2004, is amended to
47 read as follows:
48 (5) Any contract for construction with respect to the convention
49 center, including the expansion project, and any convention center hotel
50 shall be awarded in conformity with the provisions of section eleven of
51 the New York state urban development corporation act[, and section one
52 hundred thirty-five of the state finance law as referred to therein].
53 Notwithstanding the provisions of this act or of any general or special
54 law to the contrary, for any contract for construction with respect to
55 the convention center, including the expansion project and any conven-
56 tion center hotel, the development corporation and/or the operating
S. 990 138 A. 1920
1 corporation shall consider the financial and organizational capacity of
2 contractors and subcontractors in relation to the magnitude of work they
3 may perform, the record of performance of contractors and subcontractors
4 on previous work, the record of contractors and subcontractors in
5 complying with existing labor standards and maintaining harmonious labor
6 relations, and the commitment of contractors to work with minority and
7 women owned business enterprises pursuant to article 15-A of the execu-
8 tive law through joint ventures or subcontractor relationships. The
9 development corporation and/or the operating corporation shall further
10 require, on any contract for construction in excess of one million
11 dollars with respect to the convention center, including the expansion
12 project and any convention center hotel, that each contractor and
13 subcontractor shall participate in apprentice training programs in the
14 trades of work it employs that have been approved by the state depart-
15 ment of labor for not less than three years.
16 § 69. Subdivision 5 of section 4 of chapter 735 of the laws of 1979,
17 relating to providing for construction of an American stock
18 exchange/office facility in New York county, is amended to read as
19 follows:
20 (5) Any contract for construction with respect to the exchange facili-
21 ty shall be awarded in conformity with the provisions of section eleven
22 of the UDC act, [and section one hundred thirty-five of the state
23 finance law as referred to therein,] provided that the determination by
24 the development corporation of whether a bidder is "responsible" shall
25 include (but need not be limited to) consideration, as set forth in the
26 bidding documents, of the financial and organizational capacity of the
27 bidder in relation to the magnitude of the contract, the record of
28 performance of the bidder on previous work, the record of the bidder in
29 complying with existing labor standards, maintaining harmonious labor
30 relations and recognizing state and federally approved apprentice train-
31 ing programs, and the ability and willingness of the bidder to provide,
32 and to commit to provide, for meaningful participation of minority group
33 persons and business enterprise in the conduct of the work.
34 § 70. Section 23 of chapter 825 of the laws of 1987, amending the
35 public authorities law and other laws relating to the construction and
36 improvement of court facilities, is amended to read as follows:
37 § 23. Notwithstanding the provisions of any other general, special or
38 local law, charter or ordinance or any provision herein to the contrary,
39 all contracts for construction, reconstruction, rehabilitation or
40 improvements undertaken pursuant to the provisions of this act shall be
41 subject to the provisions of [sections one hundred one and] section one
42 hundred three of the general municipal law.
43 § 71. Subdivision 4 of section 10 of chapter 592 of the laws of 1998,
44 constituting the Hudson river park act, is amended to read as follows:
45 4. The trust shall be subject to article 9 of the public authorities
46 law, and its contracts shall be subject to [section 135 of the state
47 finance law and] the provisions of state law pertaining to prevailing
48 wages, labor standards and working hours. The trust shall be deemed a
49 "state agency" for purposes of article 15-A of the executive law and its
50 contracts for procurement, design, construction, services and materials
51 shall be deemed state contracts within the meaning of that term as set
52 forth in such article 15-A.
53 § 72. Subdivisions (a) and (b) of section 4545 of the civil practice
54 law and rules are REPEALED and subdivisions (c) and (d) are relettered
55 subdivisions (a) and (b).
S. 990 139 A. 1920
1 § 73. Subdivision (a) of section 4545 of the civil practice law and
2 rules, as added by chapter 220 of the laws of 1986 and relettered by
3 section seventy-two of this act, is amended to read as follows:
4 (a) Actions for personal injury, injury to property or wrongful death.
5 In any action brought to recover damages for personal injury, injury to
6 property or wrongful death, where the plaintiff seeks to recover for the
7 cost of medical care, dental care, podiatric care, custodial care or
8 rehabilitation services, loss of earnings or other economic loss,
9 evidence shall be admissible for consideration by the court to establish
10 that any such past or future cost or expense was or will, with reason-
11 able certainty, be replaced or indemnified, in whole or in part, from
12 any collateral source such as insurance (except for life insurance),
13 social security (except those benefits provided under title XVIII of the
14 social security act), workers' compensation or employee benefit programs
15 (except such collateral sources entitled by law to liens against any
16 recovery of the plaintiff). If the court finds that any such cost or
17 expense was or will, with reasonable certainty, be replaced or indem-
18 nified from any collateral source, it shall reduce the amount of the
19 award by such finding, minus an amount equal to the premiums paid by the
20 plaintiff for such benefits for the two-year period immediately preced-
21 ing the accrual of such action and minus an amount equal to the project-
22 ed future cost to the plaintiff of maintaining such benefits. In order
23 to find that any future cost or expense will, with reasonable certainty,
24 be replaced or indemnified by the collateral source, the court must find
25 that the plaintiff is legally entitled to the continued receipt of such
26 collateral source, pursuant to a contract or otherwise enforceable
27 agreement, subject only to the continued payment of a premium and such
28 other financial obligations as may be required by such agreement.
29 § 74. Subdivision (e) of rule 4111 of the civil practice law and rules
30 is REPEALED.
31 § 75. Subdivision (f) of rule 4111 of the civil practice law and
32 rules, as amended by chapter 100 of the laws of 1994, is amended to read
33 as follows:
34 [(f)] (e) Itemized verdict in certain actions. In an action brought to
35 recover damages for personal injury, injury to property or wrongful
36 death, which is not subject to [subdivisions] subdivision (d) [and (e)]
37 of this rule, the court shall instruct the jury that if the jury finds a
38 verdict awarding damages, it shall in its verdict specify the applicable
39 elements of special and general damages upon which the award is based
40 and the amount assigned to each element including, but not limited to,
41 medical expenses, dental expenses, podiatric expenses, loss of earnings,
42 impairment of earning ability, and pain and suffering. Each element
43 shall be further itemized into amounts intended to compensate for
44 damages that have been incurred prior to the verdict and amounts
45 intended to compensate for damages to be incurred in the future. In
46 itemizing amounts intended to compensate for future damages, the jury
47 shall set forth the period of years over which such amounts are intended
48 to provide compensation. In actions in which article fifty-A or fifty-B
49 of this chapter applies, in computing said damages, the jury shall be
50 instructed to award the full amount of future damages, as calculated,
51 without reduction to present value.
52 § 76. Subdivision (b) of section 4213 of the civil practice law and
53 rules, as separately amended by chapters 485 and 682 of the laws of
54 1986, is amended to read as follows:
55 (b) Form of decision. The decision of the court may be oral or in
56 writing and shall state the facts it deems essential. In [a medical,
S. 990 140 A. 1920
1 dental or podiatric malpractice action or in an action against a public
2 employer or a public employee who is subject to indemnification by a
3 public employer with respect to such action or both, as such terms are
4 defined in subdivision (b) of section forty-five hundred forty-five, for
5 personal injury or wrongful death arising out of an injury sustained by
6 a public employee while acting within the scope of his public employment
7 or duties, and in] any [other] action brought to recover damages for
8 personal injury, injury to property, or wrongful death, a decision
9 awarding damages shall specify the applicable elements of special and
10 general damages upon which the award is based and the amount assigned to
11 each element, including but not limited to medical expenses, dental
12 expenses, podiatric expenses, loss of earnings, impairment of earning
13 ability, and pain and suffering. In [a medical, dental or podiatric
14 malpractice action, and in] any [other] such action [brought to recover
15 damages for personal injury, injury to property, or wrongful death],
16 each element shall be further itemized into amounts intended to compen-
17 sate for damages which have been incurred prior to the decision and
18 amounts intended to compensate for damages to be incurred in the future.
19 In itemizing amounts intended to compensate for future damages, the
20 court shall set forth the period of years over which such amounts are
21 intended to provide compensation. In computing said damages, the court
22 shall award the full amount of future damages, as calculated, without
23 reduction to present value.
24 § 77. Subdivision 1 of section 3-a of the general municipal law, as
25 amended by chapter 4 of the laws of 1991, is amended to read as follows:
26 1. Except as provided in subdivisions two, four and five of this
27 section, the rate of interest to be paid by a municipal corporation upon
28 any judgment or accrued claim against the municipal corporation shall
29 [not exceed nine per centum per annum] be calculated at a rate equal to
30 the weekly average one year constant maturity treasury yield, as
31 published by the board of governors of the federal reserve system, for
32 the calendar week preceding the date of the entry of the judgment award-
33 ing damages. In no event, however, shall a municipal corporation pay a
34 rate of interest on any judgment or accrued claim more than nine per
35 centum per annum.
36 § 78. Subdivision 5 of section 157 of the public housing law, as
37 amended by chapter 681 of the laws of 1982, is amended to read as
38 follows:
39 5. The rate of interest to be paid by an authority upon any judgment
40 or accrued claim against the authority shall [not exceed nine per centum
41 per annum] be calculated at a rate equal to the weekly average one year
42 constant maturity treasury yield, as published by the board of governors
43 of the federal reserve system, for the calendar week preceding the date
44 of the entry of the judgment awarding damages. In no event, however,
45 shall an authority pay a rate of interest on any judgment or accrued
46 claim more than nine per centum per annum.
47 § 79. Section 16 of the state finance law, as amended by chapter 681
48 of the laws of 1982, is amended to read as follows:
49 § 16. Rate of interest on judgments and accrued claims against the
50 state. The rate of interest to be paid by the state upon any judgment
51 or accrued claim against the state shall [not exceed nine per centum per
52 annum] be calculated at a rate equal to the weekly average one year
53 constant maturity treasury yield, as published by the board of governors
54 of the federal reserve system, for the calendar week preceding the date
55 of the entry of the judgment awarding damages. In no event, however,
S. 990 141 A. 1920
1 shall the state pay a rate of interest on any judgment or accrued claim
2 more than nine per centum per annum.
3 § 80. Section 1 of chapter 585 of the laws of 1939, relating to the
4 rate of interest to be paid by certain public corporations upon judg-
5 ments and accrued claims, as amended by chapter 681 of the laws of 1982,
6 is amended to read as follows:
7 Section 1. The rate of interest to be paid by a public corporation
8 upon any judgment or accrued claim against the public corporation shall
9 [not exceed nine per centum per annum] be calculated at a rate equal to
10 the weekly average one year constant maturity treasury yield, as
11 published by the board of governors of the federal reserve system, for
12 the calendar week preceding the date of the entry of the judgment award-
13 ing damages. In no event, however, shall a public corporation pay a
14 rate of interest on any judgment or accrued claim more than nine per
15 centum per annum. The term "public corporation" as used in this act
16 shall mean and include every corporation created for the construction of
17 public improvements, other than a county, city, town, village, school
18 district or fire district or an improvement district established in a
19 town or towns, and possessing both the power to contract indebtedness
20 and the power to collect rentals, charges, rates or fees for services or
21 facilities furnished or supplied.
22 § 81. Section 3813 of the education law is amended by adding a new
23 subdivision 5 to read as follows:
24 5. Exclusive jurisdiction is hereby conferred upon the court of claims
25 to hear and determine the claims of any person against any of the
26 parties named in this section or the claims of any person against any
27 teacher or member of the supervisory or administrative staff or other
28 officers and employees of such parties that arise out of their employ-
29 ment, for damages for personal injury, injury to property of wrongful
30 death, and to make awards and render judgments therefor. Such claims
31 shall be subject to the court of claims act and shall be heard and
32 determined in the manner provided in such act for the determination of
33 claims against the state; provided, however, that (i) the provisions of
34 section twenty-a of the court of claims act shall not apply to such
35 claims, (ii) notwithstanding any inconsistent provisions of the court of
36 claims act, the provisions of sections fifty-e, fifty-h and fifty-i of
37 the general municipal law shall apply to such claims, and (iii) all
38 references in the court of claims act to the attorney general shall be
39 deemed to refer to the chief legal officer of the governing body of the
40 district or school with respect to which the claim is made and all
41 references in such act to the comptroller shall be deemed to refer to
42 the officer or body having power to adjust and pay claims against such
43 district or school.
44 § 82. Subdivision 1 of section 6224 of the education law, as amended
45 by chapter 711 of the laws of 1982, is amended to read as follows:
46 1. (a) The provisions of sections fifty-e, fifty-h and fifty-i of the
47 general municipal law shall, notwithstanding any inconsistent provision
48 of law, continue to apply to actions and proceedings based on a cause of
49 action involving a community college of the city university of New York
50 or an officer, agent, servant or employee of such community college
51 acting in the course of his or her employment. [The] Except as otherwise
52 provided in paragraph (b) of this subdivision, the provisions of subdi-
53 visions four, five and six of this section shall not apply to such
54 actions and proceedings.
55 (b) Exclusive jurisdiction is hereby conferred upon the court of
56 claims to hear and determine the claims of any person against a communi-
S. 990 142 A. 1920
1 ty college of the city university of New York or any officer, agent,
2 servant or employee of a community college of the city university of New
3 York that arise out of their employment for damages for personal injury,
4 injury to property or wrongful death and to make awards and render judg-
5 ments therefor. Such claims shall be subject to the court of claims act
6 and shall be heard and determined in the manner provided in such act for
7 the determination of claims against the state; provided, however, that
8 (i) the provisions of section twenty-a of the court of claims act shall
9 not apply to such claims, (ii) notwithstanding any inconsistent
10 provisions of the court of claims act, the provisions of sections
11 fifty-e, fifty-h and fifty-i of the general municipal law shall apply to
12 such claims, and (iii) all references in the court of claims act to the
13 attorney general and the comptroller shall be deemed to refer to the
14 corporation counsel of the city of New York and the comptroller of the
15 city of New York, respectively. All awards and judgments against such
16 college arising out of such claims shall be paid in the manner provided
17 by law for the payment of awards and judgments against the city of New
18 York.
19 § 83. Section 569-a of the public authorities law is amended by adding
20 a new subdivision 3 to read as follows:
21 3. Exclusive jurisdiction is hereby conferred upon the court of claims
22 to hear and determine the claims of any person against the authority or
23 the claims of any person against the officers and employees thereof that
24 arise out of their employment, for damages for personal injury, injury
25 to property or wrongful death and to make awards and render judgments
26 therefor. Such claims shall be subject to the court of claims act and
27 shall be heard and determined in the manner provided in such act for the
28 determination of claims against the state; provided, however, that (i)
29 the provisions of section twenty-a of the court of claims act shall not
30 apply to such claims, (ii) notwithstanding any inconsistent provisions
31 of the court of claims act, the provisions of this section shall apply
32 to such claims, and (iii) all references in the court of claims act to
33 the attorney general and the comptroller shall be deemed to refer to the
34 general counsel of the authority and the authority, respectively. All
35 awards and judgments against the authority arising out of such claims
36 shall be paid in the manner provided by law out of the monies of the
37 authority.
38 § 84. Section 1212 of the public authorities law is amended by adding
39 a new subdivision 7 to read as follows:
40 7. Exclusive jurisdiction is hereby conferred upon the court of claims
41 to hear and determine the claims of any person against the authority or
42 the claims of any person against the officers and employees thereof that
43 arise out of their employment, for damages for personal injury, injury
44 to property or wrongful death and to make awards and render judgments
45 therefor. Such claims shall be subject to the court of claims act and
46 shall be heard and determined in the manner provided in such act for the
47 determination of claims against the state; provided, however, that (i)
48 the provisions of section twenty-a of the court of claims act shall not
49 apply to such claims, (ii) notwithstanding any inconsistent provisions
50 of the court of claims act, the provisions of this section shall apply
51 to such claims, and (iii) all references in the court of claims act to
52 the attorney general and the comptroller shall be deemed to refer to the
53 general counsel of the authority and the authority, respectively. All
54 awards and judgments against the authority arising out of such claims
55 shall be paid in the manner provided by law out of the monies of the
56 authority.
S. 990 143 A. 1920
1 § 85. Section 1276 of the public authorities law is amended by adding
2 a new subdivision 7 to read as follows:
3 7. Exclusive jurisdiction is hereby conferred upon the court of claims
4 to hear and determine the claims of any person against the authority or
5 the claims of any person against the officers and employees thereof that
6 arise out of their employment, for damages for personal injury, injury
7 to property or wrongful death and to make awards and render judgments
8 therefor. Such claims shall be subject to the court of claims act and
9 shall be heard and determined in the manner provided in such act for the
10 determination of claims against the state; provided, however, that (i)
11 the provisions of section twenty-a of the court of claims act shall not
12 apply to such claims, (ii) notwithstanding any inconsistent provisions
13 of the court of claims act, the provisions of this section shall apply
14 to such claims, and (iii) all references in the court of claims act to
15 the attorney general and the comptroller shall be deemed to refer to the
16 general counsel of the authority and the authority, respectively. All
17 awards and judgments against the authority arising out of such claims
18 shall be paid in the manner provided by law out of the monies of the
19 authority.
20 § 86. Section 402-a of the public housing law is amended by adding a
21 new subdivision 16 to read as follows:
22 16. Exclusive jurisdiction is hereby conferred upon the court of
23 claims to hear and determine the claims of any person against the New
24 York city housing authority or the claims of any person against the
25 employees thereof that arise out of their employment, for damages for
26 personal injury, injury to property or wrongful death and to make awards
27 and render judgments therefor. Such claims shall be subject to the court
28 of claims act and shall be heard and determined in the manner provided
29 in such act for the determination of claims against the state; provided,
30 however, that (i) the provisions of section twenty-a of the court of
31 claims act shall not apply to such claims, (ii) notwithstanding any
32 inconsistent provisions of the court of claims act, the provisions of
33 this section shall apply to such claims, and (iii) all references in the
34 court of claims act to the attorney general and the comptroller shall be
35 deemed to refer to the general counsel of the New York city housing
36 authority and the New York city housing authority, respectively. All
37 awards and judgments against the New York city housing authority arising
38 out of such claims shall be paid in the manner provided by law out of
39 the monies of the authority.
40 § 87. Section 618 of the racing, pari-mutuel wagering and breeding law
41 is amended by adding a new subdivision 7 to read as follows:
42 7. Exclusive jurisdiction is hereby conferred upon the court of claims
43 to hear and determine the claims of any person against the corporation
44 or the claims of any person against the employees thereof that arise out
45 of their employment, for damages for personal injury, injury to property
46 or wrongful death and to make awards and render judgments therefor. Such
47 claims shall be subject to the court of claims act and shall be heard
48 and determined in the manner provided in such act for the determination
49 of claims against the state; provided, however, that (i) the provisions
50 of section twenty-a of the court of claims act shall not apply to such
51 claims, (ii) notwithstanding any inconsistent provisions of the court of
52 claims act, the provisions of this section shall apply to such claims,
53 and (iii) all references in the court of claims act to the attorney
54 general and the comptroller shall be deemed to refer to the corporation
55 counsel of the city of New York and the corporation, respectively. All
56 awards and judgments against the corporation arising out of such claims
S. 990 144 A. 1920
1 shall be paid in the manner provided by law out of the monies of the
2 corporation.
3 § 88. Section 20 of section 1 of chapter 1016 of the laws of 1969,
4 constituting the New York city health and hospitals corporation act, is
5 amended by adding a new subdivision 2-a to read as follows:
6 2-a. Exclusive jurisdiction is hereby conferred upon the court of
7 claims to hear and determine the claims of any person against the corpo-
8 ration or the claims of any person against the officers and employees
9 thereof that arise out of their employment, for damages for personal
10 injury, injury to property or wrongful death and to make awards and
11 render judgments therefor. Such claims shall be subject to the court of
12 claims act and shall be heard and determined in the manner provided in
13 such act for the determination of claims against the state; provided,
14 however, that (i) the provisions of section 20-a of the court of claims
15 act shall not apply to such claims, (ii) notwithstanding any inconsist-
16 ent provisions of the court of claims act, the provisions of this
17 section shall apply to such claims, and (iii) all references in the
18 court of claims act to the attorney general and the comptroller shall be
19 deemed to refer to the corporation counsel of the city of New York and
20 the comptroller of the city of New York, respectively. All awards and
21 judgments against the corporation arising out of such claims shall be
22 paid in the manner provided by law for the payment of awards and judg-
23 ments against the city of New York.
24 § 89. Section 1136 of the public authorities law, as added by chapter
25 592 of the laws of 1991, is amended to read as follows:
26 § 1136. Construction and purchase contracts. The authority shall let
27 contracts for construction or purchase of supplies, materials or equip-
28 ment pursuant to [sections one hundred one and] section one hundred
29 three of the general municipal law. Nothing in this section shall be
30 construed to limit the powers of the authority to do any construction
31 directly by the officers, agents and employees of the authority.
32 § 90. Section 2052-k of the public authorities law, as added by chap-
33 ter 683 of the laws of 1992, is amended to read as follows:
34 § 2052-k. Construction and purchase contracts. The authority shall let
35 contracts for construction or purchase of supplies, materials, or equip-
36 ment pursuant to [sections one hundred one and] section one hundred
37 three of the general municipal law. Nothing in this section shall be
38 construed to limit the powers of the authority to do any construction
39 directly by the officers, agents and employees of the authority.
40 § 91. The opening paragraph of subdivision 10 of section 3628 of the
41 public authorities law, as added by chapter 143 of the laws of 2003, is
42 amended to read as follows:
43 It is the intent of the legislature that overall cost shall in all
44 cases be a major criterion in the selection of project developers for
45 award of contracts pursuant to this section and that, whenever practi-
46 cal, such contracts shall be entered into through competitive bidding
47 procedures, as prescribed by [sections one hundred one and] section one
48 hundred three of the general municipal law. It is further the intent of
49 the legislature to acknowledge the highly complex and innovative nature
50 of medical technology and diagnostic and treatment devices, the relative
51 newness of a variety of devices, processes, and procedures now avail-
52 able, the desirability of a single point of responsibility for the
53 development of medical treatment and diagnostic facilities, and the
54 economic and technical utility of contracts for medical projects which
55 include in their scope various combinations of design, construction,
56 operation, management, or maintenance responsibility, or any combination
S. 990 145 A. 1920
1 thereof, over prolonged periods of time, and to acknowledge that, in
2 some instances, it may be beneficial to the corporation to award a
3 contract for a medical project on the basis of factors other than cost
4 alone, including, but not limited to, facility design, system reliabil-
5 ity, efficiency, safety, and compatibility with other elements of
6 patient care. Accordingly, and notwithstanding the provisions of any
7 general, special, or local law or charter, a contract for a medical
8 project entered into between the corporation and any project developer
9 pursuant to this section may be awarded pursuant to public bidding in
10 compliance with [sections one hundred one and] section one hundred three
11 of the general municipal law or pursuant to the following provisions for
12 the award of a contract based on an evaluation of proposals submitted in
13 response to a request for proposals prepared by or for the corporation:
14 § 92. Subdivision c of section 119-n of the general municipal law, as
15 amended by chapter 331 of the laws of 1970, is amended to read as
16 follows:
17 c. The term "joint service" means joint provision of any municipal
18 facility, service, activity, project or undertaking or the joint
19 performance or exercise of any function or power which each of the
20 municipal corporations or districts has the power by any other general
21 or special law to provide, perform or exercise, separately and, to
22 effectuate the purposes of this article, shall include extension of
23 appropriate territorial jurisdiction necessary therefor. For purposes
24 of this article, each municipal corporation shall be deemed to have the
25 power to provide, perform or exercise a joint service which is the
26 subject of an agreement entered into pursuant to section one hundred
27 nineteen-o of this article, upon entering such agreement and for the
28 term of such agreement, where one or more municipal corporations which
29 are parties to the agreement have such power by any other general or
30 special law.
31 § 93. Subdivision 1 of section 119-o of the general municipal law, as
32 amended by chapter 623 of the laws of 1998, is amended to read as
33 follows:
34 1. In addition to any other general or special powers vested in munic-
35 ipal corporations and districts for the performance of their respective
36 functions, powers or duties on an individual, cooperative, joint or
37 contract basis, municipal corporations and districts shall have power to
38 enter into, amend, cancel and terminate agreements for the performance
39 among themselves or one for the other of their respective functions,
40 powers and duties on a cooperative or contract basis or for the
41 provision of a joint service or a joint water, sewage or drainage
42 project. Notwithstanding the foregoing grant of authority, the tempo-
43 rary investment of moneys by more than one municipal corporation or
44 district pursuant to a municipal cooperation agreement which meets the
45 definition of "cooperative investment agreement" as set forth in article
46 three-A of this chapter shall be in compliance with all of the require-
47 ments of that article. Any agreement entered into hereunder shall be
48 approved by each participating municipal corporation or district by a
49 majority vote of the voting strength of its governing body. Where
50 the authority of any municipal corporation or district to perform by
51 itself any function, power and duty or to provide by itself any facili-
52 ty, service, activity, project or undertaking or the financing thereof
53 is, by any other general or special law, subject to a public hearing,
54 a mandatory or permissive referendum, consents of governmental agen-
55 cies, or other requirements applicable to the making of contracts,
56 or where its authority to undertake such joint service or function is
S. 990 146 A. 1920
1 accorded upon entering the agreement and at least one other party to
2 such agreement is subject to one or more such requirements, then its
3 right to participate in an agreement hereunder shall be similarly
4 conditioned.
5 § 94. Section 3 of the public officers law is amended by adding a new
6 subdivision 2-d to read as follows:
7 2-d. Neither the provisions of this section, nor of any general,
8 special or local law, charter, code, ordinance, resolution, rule or
9 regulation, requiring a person to be a resident of the political subdi-
10 vision or municipal corporation of the state for which he or she shall
11 be chosen or within which his or her official functions are required to
12 be exercised, shall apply to the appointment or assignment of any offi-
13 cer to carry out any lawful function or duty related to the carrying out
14 of an inter-municipal agreement adopted pursuant to article five-G of
15 the general municipal law. Nothing in this subdivision shall invalidate
16 any prior inter-municipal agreement pursuant to article five-G of the
17 general municipal law or any official acts conducted pursuant thereto.
18 § 95. The general municipal law is amended by adding a new article
19 12-I to read as follows:
20 ARTICLE 12-I
21 INTER-MUNICIPAL AGREEMENTS TO SHARE REAL PROPERTY TAX REVENUES
22 Section 239-bb. Inter-municipal agreements to share real property tax
23 revenues.
24 § 239-bb. Inter-municipal agreements to share real property tax reven-
25 ues. 1. Legislative findings and intent. The legislature finds that
26 local governments in New York are increasingly looking for new ways to
27 provide necessary services and foster prosperity within their communi-
28 ties. To this end, they have long been provided under law with broad
29 authority to act together for their mutual benefit by forming inter-mun-
30 icipal agreements. Such agreements have provided the means for many
31 local governments to provide cost effective services across a broader
32 service area. Additionally, inter-municipal agreements have provided
33 many local governments with the mechanism to formulate local and
34 regional goals for the provision of services and advancing economic
35 development. The legislature recognizes that inter-municipal agreements
36 can be an equally effective tool for achieving such goals by establish-
37 ing a method for distributing real property tax increments which have
38 been determined to mutually benefit agreement participants. It is there-
39 fore within the public interest to authorize local governments to enter
40 into inter-municipal agreements for the purpose of sharing real property
41 tax revenues which derive from projects, services or development deemed
42 by such participating local governments to be mutually beneficial.
43 2. Inter-municipal agreements. Cities, towns and villages are hereby
44 authorized to enter into agreements with each other to delineate and
45 establish geographic areas, which may include all or a portion of each
46 municipality, within which any subsequent tax increment may be appor-
47 tioned among the municipalities in such manner as such inter-municipal
48 agreement shall provide.
49 3. Inter-municipal agreements content. Such inter-municipal agreements
50 shall (a) make a finding that the agreement will provide a public bene-
51 fit to each participant by advancing mutual or regional goals; (b)
52 establish a process for identifying and determining the affected proper-
53 ties or boundaries of the tax increment area; (c) identify the types of
54 taxes to be shared; (d) specify the percentage of tax revenues that each
55 municipality shall receive or otherwise establish a formula or other
S. 990 147 A. 1920
1 means for determining such amount; (e) specify the duration or expira-
2 tion of the agreement; and (f) include any other matter necessary or
3 desirable to carry out the agreement.
4 4. The tax increment shall be determined for this purpose as follows:
5 (a) For each parcel within the delineated area, the assessor shall
6 separately state on the assessment roll, in a manner prescribed by the
7 state board of real property services, any increase in taxable assessed
8 value of that parcel which is attributable to the construction, alter-
9 ation, installation or improvement of real property occurring since the
10 effective date of the inter-municipal agreement.
11 (b) Each participating municipality which contains some or all of the
12 parcels in the delineated area shall determine its tax rates without
13 regard to any of the increases in taxable assessed value identified
14 pursuant to paragraph (a) of this subdivision.
15 (c) The tax rates so determined shall be applied to the entire taxable
16 assessed value of each parcel within the delineated area, including any
17 increase in taxable assessed value identified pursuant to paragraph (a)
18 of this subdivision, and the taxes so imposed shall be collected and
19 enforced in the usual manner, except that the taxes resulting from the
20 application of such tax rates to any such increases in taxable assessed
21 value shall be segregated upon collection and distributed as provided in
22 the inter-municipal agreement.
23 5. In all respects not inconsistent herewith, the provisions of arti-
24 cle five-G of the general municipal law shall apply to such inter-muni-
25 cipal agreements.
26 § 96. The state finance law is amended by adding a new section 98-d to
27 read as follows:
28 § 98-d. State and local government short-term investment pool. 1. As
29 used in this section, the following terms shall have the following mean-
30 ings:
31 (a) "Comptroller" means the comptroller of the state of New York.
32 (b) "Local government" means any municipal corporation, school
33 district, board of cooperative educational services, district corpo-
34 ration, special improvement district governed by a separate board of
35 commissioners, industrial development agency or authority, a public
36 library, or a public benefit corporation constituted entirely of members
37 appointed by local officials.
38 (c) "Local government moneys" means moneys of any local government in
39 the custody of the chief fiscal officer or other officer having custody
40 of moneys of the local government not required for immediate expendi-
41 ture; provided, however, that the investment of such moneys is not
42 restricted by contract or by statute in a manner that is inconsistent
43 with this section.
44 2. There is hereby established in the custody of the comptroller "the
45 state and local government short-term investment pool", which shall
46 consist of moneys invested by local governments in accordance with the
47 provisions of this section and of state moneys invested by the comp-
48 troller in accordance with section ninety-eight-a of this article.
49 Moneys held and invested in the state and local government short-term
50 investment pool shall be invested and made available to the state and
51 local governments, respectively, in accordance with this section and
52 regulations promulgated by the comptroller.
53 3. Any local government may invest in the state and local government
54 short-term investment pool, pursuant to a local law, ordinance, or
55 resolution which shall authorize the chief fiscal officer or other offi-
56 cer having custody of the local government moneys, but not more than one
S. 990 148 A. 1920
1 such officer, to invest such moneys in the state and local government
2 short-term investment pool. The local law, ordinance, or resolution
3 shall be filed with the division of investments and cash management of
4 the office of the comptroller, in accordance with this section and regu-
5 lations promulgated by the comptroller. The authorization for a local
6 government to invest in the state and local government short-term
7 investment pool shall continue in force from the date of such filing
8 until the comptroller shall receive written notification of the termi-
9 nation of authorization, in the same form as the authorization. The
10 comptroller may refuse to accept investments into the fund if, in the
11 judgment of the comptroller, such investments would adversely affect the
12 portfolio of the state and local government short-term investment pool.
13 4. The comptroller shall adopt such regulations as the comptroller
14 deems appropriate to implement the provisions of this section. The comp-
15 troller shall, by regulation, prescribe the mechanisms and procedures
16 for deposits and withdrawals, including the number of business days
17 notice, not to exceed five, that is necessary prior to withdrawal. The
18 comptroller may, by resolution, limit the aggregate dollar amount
19 invested by each local government.
20 5. The comptroller shall invest any and all moneys in the state and
21 local government short-term investment pool, including local govern-
22 ments' moneys, in investments permitted for the investment of state
23 funds pursuant to section ninety-eight-a of this article and in accord-
24 ance with this section and regulations promulgated by the comptroller.
25 6. At least monthly, the comptroller shall credit the interest earned
26 from investments to the account of the state and each local government
27 unit. The comptroller may deduct from the total earnings derived from
28 investments an amount equal to the administrative costs incurred in
29 carrying out the provisions of this section, not to exceed ten one-hun-
30 dredths of one percent per annum of the average daily investment
31 balance.
32 7. Within ninety days after the end of each state fiscal year, the
33 comptroller shall report to the governor, to the legislature, and to all
34 participating local governments the results of management of the state
35 and local government short-term investment pool. In addition, the comp-
36 troller shall issue periodic reports, at least on a quarterly basis,
37 providing information as to the investments and results of the state and
38 local government short-term investment pool.
39 § 97. Section 11 of the general municipal law is amended by adding a
40 new subdivision 8 to read as follows:
41 8. Notwithstanding the provisions of any general, special, or local
42 law to the contrary, in addition to any investments otherwise authorized
43 by law, the governing board of any local government may authorize the
44 chief fiscal officer or other officer having custody of moneys of such
45 local government to deposit and invest local government moneys not
46 required for immediate expenditure in the state and local government
47 short-term investment pool, in accordance with provisions of section
48 ninety-eight-b of the state finance law. The aggregate amount of invest-
49 ments made pursuant to this subdivision shall not exceed twenty-five
50 percent of the investments made pursuant to this section.
51 § 98. The public authorities law is amended by adding a new section
52 2927 to read as follows:
53 § 2927. Funds of certain public authorities and public benefit corpo-
54 rations; deposit and investment in state and local government short-term
55 investment pool. In addition to any investments otherwise authorized by
56 law, the governing board of any public benefit corporation constituted
S. 990 149 A. 1920
1 entirely of members appointed by local officials may authorize the chief
2 fiscal officer or other officer having custody of moneys of such corpo-
3 ration, but not more than one such officer, to deposit and invest moneys
4 of the corporation not required for immediate expenditure in the state
5 and local government short-term investment pool, in accordance with the
6 provisions of section ninety-eight-b of the state finance law; provided,
7 however, that the investment of such moneys is not restricted by
8 contract or statute in a manner that is inconsistent with such section.
9 The aggregate amount of investments made pursuant to this section shall
10 not exceed twenty-five percent of the investments made by the corpo-
11 ration.
12 § 99. The opening paragraph and subparagraph 1 of paragraph a of
13 subdivision 3 of section 11 of the general municipal law, as amended by
14 chapter 130 of the laws of 1998, are amended to read as follows:
15 Investments pursuant to this section may also be made in any of the
16 following:
17 (1) (i) obligations of the United States of America or in obligations
18 guaranteed by agencies of the United States of America where the payment
19 of principal and interest are guaranteed by the United States of America
20 [or in];
21 (ii) obligations of the state of New York[, or];
22 (iii) with the approval of the state comptroller in obligations issued
23 pursuant to section 24.00 or 25.00 of the local finance law by any muni-
24 cipality, school district or district corporation other than the munici-
25 pality, school district or district corporation investing such moneys
26 pursuant to this paragraph[.];
27 (iv) obligations of any corporation organized under the laws of any
28 state in the United States maturing within one hundred eighty days;
29 provided that such obligations receive the highest rating of two inde-
30 pendent rating services designated by the state comptroller and that the
31 issuer of such obligations has maintained such ratings on similar obli-
32 gations during the preceding year; provided, however, that no more than
33 two hundred fifty million dollars or twenty-five percent of investments
34 pursuant to this paragraph, whichever is less, may be invested in such
35 obligations of any one corporation;
36 (v) bankers' acceptances maturing within one hundred eighty days which
37 are eligible for purchase in the open market by federal reserve banks
38 and which have been accepted by a bank or trust company, which is organ-
39 ized under the laws of the United States or of any state thereof and
40 which is a member of the federal reserve system and whose short-term
41 obligations meet the criteria outlined in clause (iv) of this subpara-
42 graph; provided, however, that no more than two hundred fifty million
43 dollars or twenty-five percent of investments pursuant to this para-
44 graph, whichever is less, may be invested in such bankers' acceptances
45 of any one bank or trust company; and
46 (vi) obligations of, or instruments issued by or fully guaranteed as
47 to principal and interest by, any agency or instrumentality of the
48 United States acting pursuant to a grant of authority from the Congress
49 of the United States, including but not limited to, any federal home
50 loan bank or banks, the Tennessee valley authority, the federal national
51 mortgage association, the federal home loan mortgage corporation and the
52 United States postal service; provided, however, that no more than two
53 hundred fifty million dollars or twenty-five percent of investments
54 pursuant to this paragraph, whichever is less, may be invested in such
55 obligations of any one agency. The aggregate amount of investments made
56 pursuant to this clause and clauses (iv) and (v) of this subparagraph
S. 990 150 A. 1920
1 may not exceed twenty-five percent of the investments made pursuant to
2 this paragraph. In addition, moneys in any reserve fund established
3 pursuant to section six-c, six-d, six-e, six-f, six-g, six-h, six-j,
4 six-k, six-l, six-m, or six-n of this article may be invested in obli-
5 gations of the municipality, school district, fire district, or district
6 corporation which has established the reserve fund, or, in the case of a
7 capital reserve fund established for a town or county improvement
8 district, obligations of the town or county issued for the purposes of
9 such district.
10 § 100. Section 2 of chapter 130 of the laws of 1998 amending the
11 general municipal law relating to temporary investments by local govern-
12 ments, as amended by chapter 124 of the laws of 2002, is amended to read
13 as follows:
14 § 2. This act shall take effect [June 30, 1998 and shall expire and be
15 deemed repealed on July 1, 2005, provided, however, that investments
16 purchased prior to the expiration of this act pursuant to the provisions
17 of paragraph a of subdivision 3 of section 11 of the general municipal
18 law, as designated and amended by section one of this act, shall contin-
19 ue to be subject to the conditions contained in such subdivision to the
20 same extent as they had been subject thereto prior to such expiration
21 and repeal] immediately and shall be deemed to have been in full force
22 and effect on and after April 1, 2005.
23 § 101. Paragraphs (c) and (e) of subdivision 6 of section 1680-j of
24 the public authorities law, as added by section 1 of part MM of chapter
25 59 of the laws of 2004, are amended to read as follows:
26 (c) Each contract entered into by a public college or made in
27 connection with a capital matching grant made to a consortium of
28 colleges that includes a public college regardless of which member of
29 the consortium shall be the contracting party shall be awarded by a
30 competitive process and shall be deemed a state contract for the
31 purposes of article nine of the state finance law[, provided, however,
32 that any contract which would not be a state contract except for the
33 application of this paragraph shall not be subject to section one
34 hundred thirty-five of the state finance law].
35 (e) Independent colleges whose contracts are not state contracts for
36 the purposes of article nine of the state finance law and article
37 fifteen-A of the executive law and whose projects under such contracts
38 do not involve public work so as to be subject to articles eight, nine,
39 and ten of the labor law, shall execute an undertaking, as a condition
40 of receiving any capital matching grant, to voluntarily comply with
41 article nine of the state finance law, [except section one hundred thir-
42 ty-five of such law,] article fifteen-A of the executive law, and arti-
43 cles eight, nine, and ten of the labor law so far as the same would be
44 applicable to the contracts of a public college, and to be subject to
45 the enforcement provisions of said articles to the same extent.
46 § 102. Section 2818 of the public health law, as amended by section 1
47 of part KK of chapter 59 of the laws of 2004, is amended to read as
48 follows:
49 § 2818. Health care system improvement capital grant program. The
50 commissioner and the director of the dormitory authority of the state of
51 New York shall enter into an agreement, subject to the approval of the
52 director of the budget, for the purpose of administering the funds
53 available to the health care system improvement capital grant program as
54 authorized under section sixteen hundred eighty-j of the public authori-
55 ties law, in a manner that will encourage improvements in the operation
56 and efficiency of the health care delivery system within the state. A
S. 990 151 A. 1920
1 copy of such agreement, and any amendments thereto, shall be provided to
2 the chair of the senate finance committee, the director of the division
3 of budget and the chair of the assembly ways and means committee.
4 Such agreement shall include criteria, to be developed by the commis-
5 sioner and the director of the authority, to be considered in their
6 evaluation of applications and determination of awards, including, but
7 not limited to:
8 (a) determination of eligible applicants, provided that such eligible
9 applicants shall include entities representative of any part of the
10 health care delivery system;
11 (b) consideration of statewide geographic distribution of funds;
12 (c) minimum and maximum amounts of funding to be awarded under the
13 program;
14 (d) the relationship between the project proposed by an applicant and
15 identified community need; and
16 (e) the extent to which the applicant has access to alternative
17 financing.
18 Each such contract entered into by an eligible applicant shall be
19 awarded by a competitive process and shall be deemed a state contract
20 for the purposes of article nine of the state finance law[, provided,
21 however, that any contract which would not be a state contract except
22 for the application of this paragraph shall not be subject to section
23 one hundred thirty-five of the state finance law].
24 Each such contract entered into by an eligible applicant shall require
25 that the work covered by such contracts shall be deemed "public work"
26 and subject to and performed in accordance with articles eight, nine,
27 and ten of the labor law and, for the purposes of article fifteen-A of
28 the executive law, the contracting party under such contracts shall be
29 deemed a state agency as that term is defined in such article and such
30 contracts shall be deemed state contracts within the meaning of that
31 term as set forth in such article.
32 Such agreement shall be provided to the chair of the senate finance
33 committee, the director of the division of budget and the chair of the
34 assembly ways and means committee no later than thirty days prior to the
35 scheduled approval of the first bond issuance for the program by the
36 public authorities control board. The authority shall also report quar-
37 terly to such chairpersons on the awards made through the program,
38 including the name of the applicant, a description of the project and
39 the amount of the award.
40 § 103. This act shall take effect immediately and shall be deemed to
41 have been in full force and effect on and after April 1, 2005, except
42 that:
43 1. Section one of this act shall not apply to any public arbitration
44 panel appointed prior to the effective date of such section; provided,
45 however, that the amendments to subdivision 4 of section 209 of the
46 civil service law made by section one of this act shall not affect the
47 expiration of such subdivision and shall be deemed to expire therewith;
48 2. The provisions of sections two through seventy-one, eighty-nine,
49 ninety, ninety-one, one hundred one, and one hundred two of this act
50 shall control all contracts advertised or solicited for bid on or after
51 the effective date of this act under the provisions of any law requiring
52 contracts to be let pursuant to provisions of law amended by this act;
53 provided, however, that the amendments to section 1735 of the public
54 authorities law made by section thirty-six of this act shall not affect
55 the repeal of such section and shall be deemed repealed therewith;
S. 990 152 A. 1920
1 3. Sections seventy-seven through eighty of this act shall apply to
2 all judgments entered and all accrued claims paid on or after such
3 effective date;
4 4. Sections eighty-one through eighty-eight of this act shall take
5 effect on the one hundred eightieth day after it shall have become a
6 law.
7 PART Z
8 Section 1. The tax law is amended by adding a new section 178 to read
9 as follows:
10 § 178. Co-STAR tax rebate program. 1. Definitions. (a) "Co-STAR
11 eligible" shall mean a status granted to a county or the city of New
12 York on an annual basis pursuant to the eligibility criteria set forth
13 in subdivision two of this section.
14 (b) "Co-STAR rebate" shall mean a rebate check mailed by the commis-
15 sioner.
16 (c) "Co-STAR credit" shall mean a percentage increase in the amount of
17 the personal income tax credit allowed pursuant to subsection (e) of
18 section thirteen hundred ten of this chapter entitled state school tax
19 reduction credit (hereinafter referred to as the state school tax
20 reduction credit).
21 (d) "Co-STAR rebate application" shall mean an instrument, in a form
22 to be prescribed by the commissioner, used for consideration of a
23 Co-STAR rebate.
24 (e) "Co-STAR verified" shall mean a status granted to a county or the
25 city of New York on an annual basis pursuant to verification by the
26 director of the budget as set forth in subdivision three of this
27 section.
28 (f) "Base year", for purposes of this section, for a county, shall be
29 the fiscal year ending December thirty-first of any year. The initial
30 base year for a county shall be the fiscal year ending December thirty-
31 first, two thousand five. The base year, for purposes of this section
32 for the city of New York, shall be the fiscal year ending June thirtieth
33 of any year. The initial base year for the city of New York shall be the
34 fiscal year ending June thirtieth, two thousand six.
35 (g) "Budget year", for purposes of this section, shall mean the local
36 fiscal year immediately following the base year. The initial budget year
37 for counties shall be the fiscal year ending December thirty-first, two
38 thousand six, and for the city of New York, the fiscal year ending June
39 thirtieth, two thousand seven.
40 (h) "County expenditure amount", for purposes of this section, shall
41 mean expenditures, other than capital expenditures, supported by funds
42 of the county that are derived from any source except county user fees
43 and any funds derived from federal, state, or private sources.
44 (i) "City expenditure amount", for purposes of this section, shall
45 mean expenditures, other than capital expenditures and the total amount
46 of expenditures in support of its school district, supported by funds of
47 the city that are derived from any source except city user fees and any
48 funds derived from federal, state, or private sources.
49 (j) "STAR exemption" shall mean the school tax relief exemption
50 authorized by section four hundred twenty-five of the real property tax
51 law.
52 2. Co-STAR eligibility. (a) In two thousand six, a county may be
53 deemed Co-STAR eligible if the county expenditure amount in the budget
54 year is less than one hundred three and one-half percent of the county
S. 990 153 A. 1920
1 expenditure amount in the base year as determined at the time of
2 adoption of the budget for the budget year. The city of New York may be
3 deemed Co-STAR eligible in two thousand six if the city expenditure
4 amount in the budget year is less than one hundred three and one-half
5 percent of the city expenditure amount in the base year as determined at
6 the time of adoption of the budget for the budget year.
7 (b) In two thousand seven, the base year and budget year used in the
8 preceding paragraph must advance by one year. In two thousand seven, a
9 county may be deemed Co-STAR eligible if the county expenditure amount
10 in the budget year is less than one hundred three and one-quarter
11 percent of the county expenditure amount in the base year as determined
12 at the time of adoption of the budget for the budget year. The city of
13 New York may be deemed Co-STAR eligible in two thousand seven if the
14 city expenditure amount in the budget year is less than one hundred
15 three and one-quarter percent of the city expenditure amount in the base
16 year as determined at the time of adoption of the budget for the budget
17 year.
18 (c) In two thousand eight, the base year and budget year used in the
19 preceding paragraph must advance by one year. In two thousand eight, a
20 county may be deemed Co-STAR eligible if the county expenditure amount
21 in the budget year is less than one hundred three percent of the county
22 expenditure amount in the base year as determined at the time of
23 adoption of the budget for the budget year. The city of New York may be
24 deemed Co-STAR eligible in two thousand eight if the city expenditure
25 amount in the budget year is less than one hundred three percent of the
26 city expenditure amount in the base year as determined at the time of
27 adoption of the budget for the budget year.
28 (d) For purposes of each subsequent year, the base year and budget
29 year shall also advance one year as applicable. For each subsequent
30 year, a county may be deemed Co-STAR eligible if the county expenditure
31 amount in the applicable budget year is less than one hundred three
32 percent of the county expenditure amount in the applicable base year as
33 determined at the time of adoption of the budget for the budget year.
34 The city of New York may be deemed Co-STAR eligible in each subsequent
35 year if the city expenditure amount in the applicable budget year is
36 less than one hundred three percent of the city expenditure amount in
37 the applicable base year as determined at the time of adoption of the
38 budget for the budget year.
39 3. Co-STAR verification and notification. (a) For each applicable
40 year, if a county or the city of New York is deemed Co-STAR eligible by
41 meeting the annual test detailed in subdivision two of this section, the
42 chief executive officer of such county shall, by February fifteenth of
43 such year, or the chief executive officer of the city of New York shall,
44 by July fifteenth of each year, certify to the director of the budget
45 that such county or city has met Co-STAR eligibility criteria and is
46 seeking to be officially deemed Co-STAR verified. In addition, as a
47 further condition of verification in years two thousand seven and
48 beyond, the chief executive officer of a county or the city of New York
49 must also certify to the director of the budget that, if Co-STAR veri-
50 fied in a prior year, the county expenditure amount or city expenditure
51 amount used in order to be deemed Co-STAR verified in such prior year
52 did not increase beyond Co-STAR eligibility criteria pursuant to subdi-
53 vision two of this section. Unless the director of the budget deter-
54 mines, based upon documentation submitted by such county or city of New
55 York, that such increase was the result of extraordinary circumstances,
56 such county or city shall be precluded from becoming Co-STAR verified in
S. 990 154 A. 1920
1 two thousand seven or for the year next such Co-STAR verification is
2 requested.
3 (b) No later than thirty days after submitting a request for Co-STAR
4 verification, each such county or city shall submit a report to the
5 department, in a format prescribed by the commissioner. Such report
6 shall set forth, for each parcel receiving the STAR exemption: the
7 parcel identification number; the name and mailing address of the prop-
8 erty owner or owners as shown on the tax roll for the current school
9 year; a notation indicating whether the property is receiving the basic
10 or enhanced STAR exemption; a notation indicating whether the property
11 is a potential farm dwelling; and such other information as the commis-
12 sioner shall require. Where such information is not in the possession of
13 the county, the assessors in such county shall transmit the same to the
14 county director of real property tax services within ten days after
15 receiving a written request therefor. For purposes of this section, a
16 parcel shall be considered a potential farm dwelling if it is receiving
17 the STAR exemption and the assessor has assigned it a property classi-
18 fication code that either is in the agricultural category or represents
19 a rural residence with acreage.
20 (c) The director of the budget shall notify the department and each
21 such county by April fifteenth and the city of New York by August
22 fifteenth whether or not such county or city has been officially Co-STAR
23 verified.
24 4. Qualification for rebate or credit. For each year, any recipient of
25 a STAR exemption or the state school tax reduction credit, or both, in
26 any county or the city of New York deemed Co-STAR verified for such
27 year, shall be qualified, subject to the adherence of such additional
28 requirements detailed in subdivision five of this section, to receive
29 such rebate or credit, as applicable.
30 5. Recipient notification and form. Upon notification from the direc-
31 tor of the budget pursuant to subdivision three of this section, the
32 department shall, following receipt of the report supplied to the
33 commissioner by such county or city pursuant to paragraph (b) of subdi-
34 vision three of this section, mail a Co-STAR rebate application, to the
35 recipients of the STAR exemption, in any county or city that has been
36 Co-STAR verified in that year. Recipients of a Co-STAR rebate applica-
37 tion must file a properly completed Co-STAR rebate application with the
38 commissioner, by August thirty-first of such year for those in a Co-STAR
39 verified county, and by September fifteenth of such year for those in
40 the city of New York. Any applicant filing a Co-STAR rebate application
41 after the applicable filing date specified in the preceding sentence
42 shall be ineligible for a Co-STAR rebate for that year. For purposes of
43 determining whether or not such application was timely filed, the
44 provisions of section six hundred ninety-one of this chapter shall
45 apply. Such application shall include copies of the paid county or city
46 of New York property tax bill for the current year and the paid school
47 property tax bill for the current school year for the parcel of property
48 on which the STAR exemption was granted. No more than one Co-STAR
49 rebate application may be filed in any one year with the department for
50 each parcel of property on which the STAR exemption was granted.
51 Notwithstanding any other state law, local law, charter provision, or
52 ordinance to the contrary, recipients of a STAR exemption shall be enti-
53 tled, in a county or the city of New York that is requesting to become
54 Co-STAR verified, to receive from the applicable county or city or
55 school district, a copy of their paid county, city or school district
56 property tax bill.
S. 990 155 A. 1920
1 6. Amount and payment of Co-STAR rebate or credit. (a) If the city of
2 New York is deemed Co-STAR verified for a year listed in the table
3 below, recipients of the state school tax reduction credit shall receive
4 the Co-STAR credit in the percentage specified for such year.
5 Year Co-STAR Credit
6 2006 4.17%
7 2007 8.33%
8 2008 12.5%
9 2009 16.67%
10 2010 20.83%
11 2011 and after 25.0%
12 (b) Notwithstanding paragraph (a) of this subdivision, in any county
13 or city which is Co-STAR verified for a year listed in the table below,
14 persons who have qualified for the enhanced STAR exemption on the tax
15 roll for the current school year, and persons who have qualified both
16 for a basic STAR exemption on such roll and who satisfy the definition
17 of "eligible farmer" set forth in paragraph two of subsection (n) of
18 section six hundred six of this chapter for the immediately preceding
19 taxable year, shall receive the corresponding Co-STAR rebate:
20 Year Co-STAR Rebate
21 2006 $100
22 2007 and after $200
23 (c) Notwithstanding paragraph (a) of this subdivision, if any county
24 or the city of New York shall be deemed Co-STAR verified for a year
25 listed in the table below, all recipients who are eligible for a STAR
26 exemption in such year and are not identified or included in the crite-
27 ria set forth in paragraph (b) of this subdivision, shall receive the
28 corresponding Co-STAR rebate:
29 Year Co-STAR Rebate
30 2008 $50
31 2009 $100
32 2010 $150
33 2011 and after $200
34 (d) Co-STAR rebate checks shall be mailed by the department by October
35 fifteenth of each year.
36 (e) In no event shall any individual receive a Co-STAR rebate amount
37 with respect to a particular year that exceeds the amount specified for
38 such year in paragraphs (b) and (c) of this subdivision.
39 7. Co-STAR state tax relief for taxpayers of the city of New York.
40 The aggregate annual amount of Co-STAR credit, pursuant to subdivision
41 six of this section, as allowed and applied to city of New York recipi-
42 ents who received the state school tax reduction credit, shall be paid
43 to such city in addition to and in the same manner and timing as speci-
44 fied in section fifty-four-f of the state finance law.
45 8. Erroneous rebates; replacement checks. The commissioner may, in his
46 or her discretion, seek to recover any erroneous rebate by notifying the
47 payee of the amount thereof. If such erroneous rebate is not returned
48 within thirty days, the commissioner is authorized to treat the errone-
49 ous rebate as an erroneous refund of income tax pursuant to the
50 provisions of paragraph five of subsection (c) of section six hundred
51 eighty-three of this chapter and such amounts, when collected, shall be
52 deposited as provided in subdivision one of section one hundred seven-
53 ty-one-a of this article entitled deposit and disposition of revenue, as
54 if such amounts were taxes collected under an article of this chapter
55 referred to in such subdivision. Where the commissioner finds that an
56 original rebate check has been misdirected for reasons beyond the
S. 990 156 A. 1920
1 control of the authorized payee, he or she may issue a new rebate check
2 to the authorized payee.
3 § 2. This act shall take effect immediately.
4 PART AA
5 Section 1. The general municipal law is amended by adding a new arti-
6 cle 17-A to read as follows:
7 ARTICLE 17-A
8 LOCAL GOVERNMENT MERGERS LAW
9 Section 750. Short title.
10 751. Legislative intent.
11 752. Definitions.
12 753. Commencement of merger study.
13 754. Study committee.
14 755. Plan of merger.
15 756. Ancillary agreements.
16 757. Public hearing.
17 758. Adoption of plan of merger; election.
18 759. Merger.
19 760. Elections for officers of the new local government.
20 761. Effect on county boundaries; city charters.
21 762. Effect of merger on certain districts.
22 763. Certain districts partially within a new local government.
23 764. Sales and compensating use tax transitional provisions.
24 765. Notification and submission of the plan of merger; agency
25 assistance.
26 766. Effect on village within a local constituent government
27 involved in a merger.
28 § 750. Short title. This article shall be known and may be cited as
29 the "local government mergers law".
30 § 751. Legislative intent. It is the intention of the legislature by
31 the enactment of this article to provide a local government mergers law,
32 pursuant to which adjoining local governments - villages, towns, cities
33 or counties - may consolidate or merge through local initiative into a
34 new local government. The creation and evolution of local governments
35 in this state has constituted a vital part of the state's political and
36 social historical development. Local governments have provided a strong
37 basis for local pride and identification, yet fiscal and other needs may
38 call for merger of the corporate structures. Procedures for merger
39 should allow local initiative and implementation of the merger and
40 should recognize and provide a mechanism for continuing local identifi-
41 cation with governmental antecedents. Hamlets, which delineate geograph-
42 ic areas within the new government structure but without separate
43 governmental powers, will provide this mechanism for retention of local
44 identification with traditional governmental entities. The powers
45 accorded by this article shall be in addition to, and shall not serve to
46 limit, any other powers now or hereafter conferred on local governments.
47 § 752. Definitions. As used in this article, unless otherwise express-
48 ly stated or unless the context otherwise requires, the following terms
49 shall mean:
50 1. "Local government". A town, village, city or county, but shall not
51 include a city with a population over one million.
52 2. "Merger". The procedure pursuant to this article through which two
53 or more constituent local governments merge into a new local government
54 which shall be one of the constituent local governments.
S. 990 157 A. 1920
1 3. "Constituent local government". A local government that is partic-
2 ipating in the merger with one or more other local governments.
3 4. "New local government". The constituent local government into which
4 one or more other constituent local governments are merged. Where one or
5 more constituent local governments is a county, the county shall be the
6 new local government.
7 5. "Governing board". The legislative body of a constituent local
8 government.
9 6. "Adjoining". Two local governments having a common boundary line,
10 however small, shall be deemed to adjoin. More than two local govern-
11 ments shall be deemed to adjoin if each of them has a common boundary
12 line with any of the others. Local governments shall be deemed to adjoin
13 where a common boundary line lies along or within a public highway or a
14 body of water. Where a local government is wholly included within the
15 boundaries of another local government, such governments shall be deemed
16 to adjoin.
17 7. "Hamlet". A geographic designation within the new local government
18 which may identify a constituent local government's former boundaries
19 for purposes of local place name identification.
20 8. "Board of supervisors". A county board of supervisors as provided
21 in section one hundred fifty of the county law.
22 § 753. Commencement of merger study. The governing boards of two or
23 more adjoining local governments upon a resolution may, and upon a peti-
24 tion of the electors shall, commence a study of merger in accordance
25 with this article. A petition to study merger shall be sufficient if
26 signed and acknowledged by qualified electors in each such adjoining
27 local government in number equal to at least ten percent of the resident
28 electors qualified to vote at the last general or special local govern-
29 ment election in such local government immediately preceding the filing
30 of the petition, and who signed such petition not earlier than one
31 hundred eighty days prior to filing thereof. The petition shall be filed
32 with the municipal clerk of the local government wherein the respective
33 electors reside.
34 § 754. Study committee. Prior to the adoption of a plan of merger, the
35 governing boards of constituent local governments may appoint a joint
36 study committee on merger. The committee shall be composed of at least
37 one appointee from each constituent local government. Such committee
38 shall organize and form such subcommittees as it deems necessary or
39 desirable. It shall make a report or reports to the governing boards
40 which created it. The report or reports shall consider and make recom-
41 mendations, where desirable, regarding any subject to be addressed in a
42 plan of merger, ancillary agreements, and any other related matter it
43 deems necessary or desirable to address.
44 § 755. Plan of merger. The governing board of each local government
45 proposing to participate in a merger pursuant to this article shall
46 adopt a plan of merger, which shall include:
47 1. The name of each constituent local government, the name of the new
48 local government, and, where the name of the new local government is to
49 be changed, the new name of the new local government.
50 2. The class of government of the new local government, and details of
51 the governmental structure to be implemented for the new local govern-
52 ment.
53 3. A plan for the disposition of real or personal property or other
54 assets of the constituent local governments.
55 4. A plan for the payment of outstanding obligations and the levy and
56 collection of the necessary taxes and assessments therefor.
S. 990 158 A. 1920
1 5. A plan for the separation from employment or continued employment
2 of appointed officers and employees of the constituent local govern-
3 ments.
4 6. The effective date of the merger as prescribed by this article,
5 including a description of circumstances pursuant to which merger will
6 not take place.
7 7. The method of initial election of supervisors upon approval of the
8 proposition of merger where the new local government will be a city
9 which is situated in a county governed by a board of supervisors.
10 8. The names and geographic areas designated as hamlets of the new
11 local government, if any.
12 9. A summary of any ancillary agreements entered into by the constitu-
13 ent local governments prior to or which will be entered into upon
14 adoption of the proposed plan of merger.
15 10. Any other matter such board deems necessary or desirable to carry
16 out the proposed merger.
17 § 756. Ancillary agreements. The governing bodies of the constituent
18 local governments may adopt such ancillary agreements necessary or
19 desirable to effect the merger pursuant to the proposed plan of merger.
20 Ancillary agreements may address any matter relating to the merger
21 including but not limited to the continuance of government, continuance
22 of services upon merger of the constituent local governments, a
23 description of circumstances upon which merger shall not take place, and
24 any matter relating to transition of government prior to or upon the
25 effective date of merger.
26 § 757. Public hearing. Prior to adoption of the plan of merger, the
27 governing boards of the constituent local governments shall conduct a
28 joint public hearing not less than nine months from the later of: the
29 last date on which a petition was filed with a constituent local govern-
30 ment; or, the last date a resolution to commence a merger study was
31 passed by the governing board of a constituent local government on the
32 proposed plan of merger and any ancillary agreement. The governing board
33 of each constituent government shall vote upon the plan of merger within
34 one hundred twenty days from the commencement of the hearing. The joint
35 public hearing shall be held upon at least ten and not more than twenty
36 days notice. Such governing boards shall cause notice of such public
37 hearing to be published once in their official newspapers, or, if there
38 is no official newspaper, in a newspaper having general circulation in
39 the area of the constituent local governments. The proposed plan of
40 merger and any ancillary agreements shall be available for public
41 inspection by each constituent local government and copies thereof may
42 be made available without charge or at a charge consistent with section
43 eighty-seven of the public officers law.
44 § 758. Adoption of plan of merger; election. 1. Upon adoption of the
45 plan of merger by the governing board of all of the constituent local
46 governments, a proposition for merger containing such plan shall be
47 submitted to the qualified electors of each constituent local govern-
48 ment, at the next succeeding general election held not less than ninety
49 days after the last date of adoption of the plan of merger by a constit-
50 uent local government.
51 2. Within thirty days of the adoption of the plan of merger by the
52 governing board of all of the constituent local governments and up to
53 the date of the general election at which the proposition is to be
54 decided, the adopted plan of merger, and an abstract thereof, shall be
55 available for the public to review at the offices of the municipal clerk
56 of each constituent local government and at other readily accessible
S. 990 159 A. 1920
1 public places, such as libraries, within the territory of each of the
2 constituent local governments.
3 3. An abstract of the proposition shall be published in the same
4 manner as notice of the public hearing required by this article not more
5 than twenty days nor less than ten days prior to the general election at
6 which the proposition is to be decided.
7 4. The proposition to be voted upon shall state: "Shall the
8 _______________________ (names of constituent local governments) be
9 merged to become the _______________________ (name of new local govern-
10 ment) pursuant to the adopted plan of merger?".
11 5. If such proposition is approved by a majority of the qualified
12 electors of each constituent local government voting thereon, a certif-
13 icate of such election shall be filed with the secretary of state, with
14 the clerks of each constituent local government and with the clerks of
15 each county in which any part of the constituent local governments are
16 situated.
17 § 759. Merger. 1. Upon the effective date of the merger, the constitu-
18 ent local government shall be merged into the new local government. The
19 new local government shall possess, in the territory of the constituent
20 local governments, all of the powers that such constituent local govern-
21 ments possessed.
22 2. Unless the plan or ancillary agreements shall provide otherwise,
23 the outstanding debts and obligations of the constituent local govern-
24 ments shall be assumed by the new local government as the same shall
25 become due and payable and be a charge upon the taxable property within
26 the limits of the new local government and collected in the same manner
27 as new local government taxes and charges. The new local government
28 shall be responsible for satisfaction of any outstanding obligations
29 between any constituent local government and the state of New York. The
30 governing board of the new local government shall have all powers with
31 respect to such debts and obligations as the governing boards of the
32 constituent local governments; including the power to issue bonds to
33 redeem bond anticipation notes issued by the constituent local govern-
34 ments. All indebtedness incurred on behalf of special or improvement
35 districts shall remain as if such local governments had not merged.
36 3. Unless the plan shall provide otherwise, all local laws, ordi-
37 nances, rules or regulations of each constituent local government in
38 effect on the date of the merger, including but not limited to zoning
39 ordinances or local laws, shall remain in effect for a period of two
40 years following the effective date of the merger as if they had been
41 duly adopted by the new local government, and shall be enforced by the
42 new local government within the territory of the constituent local
43 government, except that the new local government shall have the power at
44 any time to amend or repeal such local laws, ordinances, rules or regu-
45 lations in the manner as other local laws, ordinances, rules or regu-
46 lations of the new local government.
47 4. Upon merger, all records, books and papers of the constituent local
48 governments shall be deposited with the clerk of the new local govern-
49 ment and they shall thereupon become records of the new local govern-
50 ment.
51 5. Unless the plan provides otherwise or unless limited by operation
52 of law, the new local government shall continue to perform and to render
53 to and in each constituent local government territory all those func-
54 tions and services which were performed and rendered by such constituent
55 local government therein prior to the effective date of the merger. The
56 cost and expense of so performing and so rendering functions and
S. 990 160 A. 1920
1 services continued pursuant to this section shall be budgeted, levied
2 upon, assessed against and collected from the territories served as if
3 no merger had taken place.
4 6. Unless the merger plan shall provide otherwise, all of the real and
5 personal property and other assets of the constituent local governments
6 shall become the property of the new local government. No action or
7 claim for or against any constituent local government shall be affected
8 by reason of its merger into another local government.
9 7. At least sixty days prior to the effective date of merger, the
10 governing boards of the constituent local governments, with the excep-
11 tion of the new local government, shall present the assessment rolls of
12 their respective governments to the governing body of the county. Such
13 new governing body shall cause each of the assessments thereon to be
14 transferred and added to the assessment roll of the new local government
15 and all of the assessments so transferred shall upon the effective date
16 of merger, for tax purposes, be part of the taxable property and assess-
17 ments of the new local government.
18 8. Unless the plan of merger provides otherwise, the merger shall take
19 effect at the expiration of the thirty-first day of December in the odd
20 numbered year following the year in which such ratification occurred.
21 § 760. Elections for officers of the new local government. 1. Unless
22 the plan of merger provides otherwise, elections for officers of the new
23 local government shall be held on the Tuesday succeeding the first
24 Monday in November in the odd numbered year following the year in which
25 such approval occurred. All officers elected to the new government
26 shall take office upon the effective date of the merger.
27 2. The term of all elected officials of the constituent local govern-
28 ments shall expire when the merger becomes effective, except for the
29 terms of elected county officials who have been elected by electors of
30 the entire county.
31 § 761. Effect on county boundaries; city charters. 1. Except where two
32 or more constituent local governments are counties, merger of local
33 governments pursuant to this article shall not affect any existing coun-
34 ty boundaries.
35 2. In the event the new local government is a city or a charter coun-
36 ty, such charter shall be amended as necessary or desirable to reflect
37 the merger. In any event, upon the effective date of such merger, the
38 city or county shall possess all powers accorded by such charter as to
39 the areas of the constituent local governments, pending charter amend-
40 ment.
41 § 762. Effect of merger on certain districts. 1. If on the date of
42 merger the new local government wholly includes the territory of a fire
43 district, fire protection district, fire alarm district, or a town
44 special improvement district, and the new local government is a village
45 or city, such district shall cease to exist at the end of the fiscal
46 year of such district next following the first day of June following the
47 first day of January next succeeding the date of merger. Except as
48 otherwise provided in this section, the powers and duties of the govern-
49 ing body of the district and of all the officers of the district in
50 connection therewith shall then cease, and any board of commissioners,
51 any office of commissioner and any other office of any such district
52 shall also cease to exist at such time.
53 2. a. The obligations and the contracts of a district which shall so
54 cease to exist and the obligations and contracts of a town for the bene-
55 fit of or chargeable to such a district shall not be impaired by this
56 section.
S. 990 161 A. 1920
1 b. Notwithstanding the dissolution of a district pursuant to this
2 section:
3 (i) an amount shall be levied by the new local government and
4 collected annually from the taxable real property in the territory of
5 the dissolved district sufficient to pay in regular course the principal
6 of and interest on all bonds or obligations issued pursuant to the local
7 finance law, section one hundred nine-b of this chapter or otherwise by
8 or on behalf of such district which are outstanding and unpaid as of the
9 date of the dissolution of the district. Such annual levy and collection
10 shall continue until all such outstanding bonds and obligations are paid
11 in full;
12 (ii) all levies, assessments, fees, rates or other charges of the
13 district unpaid as of the date of dissolution and all penalties and
14 interest thereon shall be collected;
15 (iii) all moneys collected under subparagraph (ii) of this paragraph
16 which would be available for district purposes if the district were not
17 dissolved shall be applied to the payment of all obligations of the
18 district, other than those described in subparagraph (i) of this para-
19 graph, which are due and payable at the time of the dissolution of the
20 district. All such moneys so collected and not required for such purpose
21 shall be paid over to the fiscal officer of the new local government;
22 (iv) the levies, collections and payments described in subparagraphs
23 (i), (ii) and (iii) of this paragraph shall be made in the same manner
24 as if the district had not been dissolved, except that for the purposes
25 of this paragraph:
26 (A) if a fire district is dissolved, the governing board of the new
27 local government shall constitute the board of fire commissioners of the
28 former fire district; and
29 (B) if a district other than a fire district is dissolved, the powers
30 of the governing body of the district shall be exercised and performed
31 by the governing body of the new local government; and
32 (v) in lieu of the requirements set forth in subparagraph (i) of this
33 paragraph, the governing body of the new local government by resolution,
34 subject to permissive referendum, may provide that the new local govern-
35 ment shall assume responsibility for the levy and collection, as a
36 general charge, of all amounts required to pay the bonds or obligations
37 therein described. In such event the new local government shall annually
38 pay an amount sufficient to pay the principal and interest on such bonds
39 or obligations as same become due and payable in regular course.
40 c. All contracts of or on behalf of and chargeable to a district which
41 ceases to exist pursuant to this article, including all amounts unpaid
42 under such contracts but excluding all amounts unpaid thereunder which
43 were due and payable at the time of dissolution of such district, other
44 than obligations incurred pursuant to the local finance law and/or
45 section one hundred nine-b of this chapter shall, to the extent they are
46 the responsibility of or beneficial to such a district, be assumed by
47 the new local government and all expenditures under such contracts shall
48 be charged as provided in this subdivision. The terms and conditions and
49 all rights of or on behalf of the district, including any right of
50 amendment or rescission of such contract, shall inure to the benefit of
51 the new local government.
52 3. Upon a district ceasing to exist hereunder, all property of the
53 district shall automatically become the property of the new local
54 government and, in connection therewith, the governing body and any
55 other officer or person empowered to transfer title to or having the
56 custody or control of any moneys of such district, any moneys in a
S. 990 162 A. 1920
1 reserve fund, any real or personal property of such district or used or
2 applied for the purposes of such district, any policies of insurance for
3 the benefit of such district, any documents, instruments and other muni-
4 ment of title to district property and of any official books, records
5 and other data relating to the operation and management of such district
6 shall prepare or cause to be prepared an inventory of all such property,
7 shall certify same, shall deliver same to the clerk of the new local
8 government and shall:
9 a. pay over to the fiscal officer of the new local government all such
10 moneys except so much thereof as was collected for the purpose of paying
11 principal of and interest on bonds or other obligations issued pursuant
12 to the local finance law, section one hundred nine-b of this chapter or
13 otherwise by or on behalf of the district and further except so much of
14 the balance of such moneys as may be required to pay those obligations
15 of the district. The fiscal officer of the new local government on
16 receipt of such moneys, shall set same aside and apply them pursuant to
17 law to the purposes of the district which ceases to exist hereunder so
18 long as the new local government continues to provide the service or
19 function thereof and thereafter to be applied in reduction of taxes
20 levied against the area of such former district; provided, however, that
21 so long as the new local government provides the service or function of
22 the former district any moneys held by or on behalf of a district in a
23 reserve fund subject to the provisions of article two of this chapter or
24 section fifty-five-a of the town law shall be held and administered by
25 the new local government as a reserve fund subject to those provisions
26 of article two of this chapter for the same or similar purpose for which
27 any such fund was established;
28 b. transfer, assign and convey to the new local government the title
29 to all such real or personal property;
30 c. assign such policies of insurance and its interest thereunder to
31 the extent permitted therein to the new local government;
32 d. surrender and deliver all such insurance policies, books, records
33 and other data to the clerk of the new local government. Copies of offi-
34 cial books, records and other data relating to the operation and manage-
35 ment of such district and certified by the officer responsible for same
36 shall be sufficient to satisfy the requirements of this paragraph. No
37 fees or expenses shall be charged for the making of such copies and same
38 shall be entitled to the same admissibility in evidence in a court
39 proceeding as the originals thereof; and
40 e. surrender and deliver all other such personal property to such
41 officer, employee, board or commission as the governing board of the new
42 local government shall designate. The failure of the governing body or
43 any other officer or person to comply with the requirements of this
44 subdivision shall in no way impair the automatic transfer to the new
45 local government of the right, title or interest of the district of, in
46 or to such property.
47 4. Upon a district ceasing to exist pursuant to this article and until
48 such time as the new local government may discontinue the service or
49 function of such former district, such service or function shall become
50 a service or function of the new local government and shall be continued
51 as, in the discretion of the new local government, may be needed in all
52 territory which previously received same and the governing board shall
53 have all the powers and duties granted by law in connection with such
54 service or function and such additional powers formerly held by the
55 governing body or any officer of the district which may be necessary to
56 continue the service or function of the district, provided, however:
S. 990 163 A. 1920
1 a. if the limits of a district which ceases to exist pursuant to this
2 article are wholly within but are not coterminous with those of the new
3 local government and the service or function formerly provided by such
4 district is not extended outside the limits of the former district, all
5 the costs and expenses of such service or function may be chargeable
6 only to the territory of such former district;
7 b. if the limits of a district which ceases to exist pursuant to this
8 article are wholly within but are not coterminous with those of the new
9 local government and the service or function formerly provided by such
10 district is extended outside the limits of such former district, so much
11 of all costs and expenses of such extension of service or function to
12 such outside territory as is represented by the payment of the principal
13 and interest on obligations incurred therefor by the new local govern-
14 ment pursuant to the local finance law or section one hundred nine-b of
15 this chapter may be chargeable to and collected from such outside terri-
16 tory; and all other costs and expenses of such service or function may
17 be chargeable only to that part of the entire territory of the new local
18 government in which such service or function is provided. Regardless of
19 the territory to which such other costs and expenses may be made charge-
20 able, the same shall be apportioned and collected uniformly and without
21 discrimination within such territory;
22 c. upon any fire district ceasing to exist pursuant to this article,
23 all fire, hose, protection or hook and ladder companies and all author-
24 ized squads or other units of such district, including the memberships
25 thereof, shall continue to exist and may merge or consolidate with any
26 existing company as provided by law. All such companies, squads or units
27 shall thereafter be subject to and governed by all the provisions of law
28 regulating and pertaining to any such company, squad or unit or fire
29 department of a village or city as the case may be; and
30 d. all officers and employees of any district which ceases to exist
31 pursuant to this article shall to the greatest extent practicable in the
32 discretion of the governing body of the new local government be contin-
33 ued in the same or similar positions as employees of the new local
34 government and in connection therewith, shall have all the rights
35 provided by the civil service law as if their former positions with the
36 district had originally been established by the new local government.
37 5. The governing board of the new local government at any time by
38 local law may discontinue the service or function of the former district
39 in all or any part of the new local government; provided, however, that
40 any such local law shall be subject to a permissive referendum of the
41 qualified voters in the territory receiving the service or function at
42 the time of the adoption of such local law and in which the service or
43 function is proposed to be continued. For the purpose of such referendum
44 such territory shall be considered as if it comprised the entire terri-
45 tory of the new local government.
46 6. This section shall not apply to any special assessment area or any
47 area of assessment for benefit the boundaries of which are coterminous
48 with or wholly included within the limits of the new local government
49 which was established only to pay the original cost of any special
50 improvement or facility or any addition thereto, benefitting such area.
51 As to any such area the assessments therein established shall continue
52 to be levied and collected as if the merger had not taken place. Howev-
53 er, any such publicly owned improvement or facility shall become the
54 property of the new local government in the same manner as provided in
55 subdivision three of this section for property of a district.
S. 990 164 A. 1920
1 7. Any other special assessment area or any other area of assessment
2 for benefit the boundaries of which are coterminous with or wholly
3 included within the limits of a new local government shall be considered
4 as a district subject to the provisions of this section and chapter if
5 same was established not only to pay the original cost of any special
6 improvement or facility, or any additional cost thereto, benefitting
7 such area but also to pay the cost of the operation, maintenance, repair
8 or replacement thereof.
9 § 763. Certain districts partially within a new local government. 1.
10 Unless the plan of merger provides otherwise, any town improvement
11 district and any fire district, fire protection district or fire alarm
12 district partially located in a constituent local government which upon
13 the merger would by operation of law or could pursuant to law, cease to
14 exist in such new local government shall, from the date of such merger
15 until the first day of June following the first day of January next
16 succeeding such date of merger, continue to perform and to render to and
17 in such constituent local government area all those functions and
18 services rendered by it therein and therefor on the date of the adoption
19 of the plan of merger. If the new local government includes within its
20 boundaries part of a fire district, fire protection district, fire alarm
21 district or a town special improvement district, the territory so
22 included within the boundaries of the new local government shall not be
23 relieved from bearing its proportionate share of any liability or
24 indebtedness incurred for such district purposes while such territory
25 was a part of such district and until such liability is discharged, or
26 such indebtedness paid the proportionate share to which such territory
27 would be liable if it had not been included in the boundaries of the new
28 local government shall be levied upon, assessed and collected from such
29 territory by the proper officers of such new local government in the
30 same manner as if such territory had not been included within the bound-
31 aries of the new local government. All moneys so collected shall be paid
32 over from time to time by the fiscal officer of the new local government
33 to the supervisor of the town in which the remainder of such district is
34 located to discharge such liability. The collector or receiver of taxes
35 of such town and the treasurer of a county shall continue in the
36 execution of their duties in respect to the property included in the
37 boundaries of a new local government until they shall have collected the
38 taxes authorized or assessed for the year of such merger or which have
39 been extended on the town assessment roll and become a lien after such
40 merger and pay to the fiscal officer of the new local government when
41 collected the taxes extended on the assessment roll against property
42 within the new local government for district purposes.
43 2. If the territory of the new local government includes within its
44 boundaries part of such a town district, the proportion of the bonded
45 debt incurred or obligations incurred pursuant to section one hundred
46 nine-b of this chapter by the town and payable by a tax against the
47 property within any such district for whose benefit the bonds or obli-
48 gations were issued which shall be assumed by the new local government
49 and the apportionment of personal and real property belonging to the
50 special district shall be determined according to the relative assessed
51 valuation of the personal and real property in that portion of the
52 special district without the new local government and that portion with-
53 in the new local government in the following manner: the town board of
54 the town when acting as a board for a district or the commissioner or
55 commissioners of a district where the special district is managed by a
56 commissioner or commissioners and the governing board of the new local
S. 990 165 A. 1920
1 government being unable to agree within six months after the merger upon
2 the proportion of the debt and the apportionment of the personal and
3 real property, then the supreme court shall have power to determine such
4 division and to enforce such award, division and determination as shall
5 be made in the premises in a suit in equity to be brought in the name of
6 either of the said parties.
7 § 764. Sales and compensating use tax transitional provisions. 1.
8 Where the new local government in a merger occurring pursuant to this
9 article is a county or a city which is imposing a tax, which is in
10 effect on the effective date of the merger, pursuant to the authority of
11 subpart B of part I of article twenty-nine of the tax law, such tax
12 shall continue in full force and effect and shall apply within the
13 entire area of such new local government as the territorial limits of
14 such area are constituted on the effective date of such merger. Any such
15 imposition shall be subject to the provisions of such article twenty-
16 nine including provisions relating to the imposition, repeal or suspen-
17 sion of the tax by local law, ordinance or resolution.
18 2. Notwithstanding subdivision three of section seven hundred fifty-
19 eight of this article, any such tax imposed by a constituent local
20 government which is not the surviving local government shall cease to be
21 in effect as of the effective date of such merger.
22 § 765. Notification and submission of the plan of merger; agency
23 assistance. At least one hundred twenty days prior to the effective date
24 of a merger, the constituent local governments shall notify the state
25 division of the budget, the office of the state comptroller, the office
26 of real property services and the commissioner of taxation and finance
27 of the scheduled merger, and shall submit to such agencies the plan of
28 merger and any ancillary agreements, contracts or other legally binding
29 agreements. Upon related request, the above named agencies shall provide
30 any information or technical support to the constituent local govern-
31 ments, to the extent available within the agency and not prohibited by
32 any provision of law providing for the confidentiality of such informa-
33 tion, to help effectuate the merger of such local governments.
34 § 766. Effect on village within a local constituent government
35 involved in a merger. Consolidation shall not affect any non-involved
36 village located wholly or partially in a constituent local government
37 involved in a merger.
38 § 2. Subdivision 4 of section 33 of the municipal home rule law is
39 amended by adding a new paragraph f to read as follows:
40 f. Provide for any matter otherwise authorized by law as may be
41 required in order to create, conform or accommodate a county charter due
42 to a merger of local governments within the county pursuant to article
43 seventeen-A of the general municipal law.
44 § 3. Section 2-204 of the village law, as amended by section 25 of
45 part X of chapter 62 of the laws of 2003, is amended to read as follows:
46 § 2-204 Notice of hearing. Within twenty days after the filing of such
47 petition or copies thereof, each supervisor with whom same were filed
48 shall cause to be posted in five public places in that part of such
49 territory located in his town and five public places within the balance
50 of the town and also to be published at least twice in the newspaper or
51 newspapers designated pursuant to subdivision eleven of section sixty-
52 four of the town law, a joint notice of all such supervisors: that a
53 petition for the incorporation of the village of (naming it) has been
54 received; that [at a place in such territory and] on a day, not less
55 than twenty nor more than thirty days after the date of the posting and
56 first publication of such notice, which date and place shall be speci-
S. 990 166 A. 1920
1 fied therein, a hearing will be had upon such petition; that such peti-
2 tion will be available for public inspection in the office of each town
3 clerk until the date of such hearing; that the purpose of the hearing is
4 to consider the legal sufficiency of the petition; that objections to
5 the legal sufficiency of the petition must be in writing and signed by
6 one or more of the residents of such town; and that any group of persons
7 having one or more objections in common may make designation in writing
8 and signed by them of at least one but no more than three persons giving
9 the full names and addresses on whom and at which addresses all papers
10 required to be served in connection with the proceeding for incorpo-
11 ration shall be served. A majority of such designees must reside in such
12 town or towns. [In the absence of any other suitable place, such hearing
13 shall be held in a school building, if any, located in such territory.]
14 If such territory is located in more than one town the hearing shall be
15 noticed and publicized as a joint hearing of all such towns. For the
16 purposes of this section, in the event that the town maintains a
17 website, one of the posting requirements required by this section may be
18 fulfilled by posting such information on the town's website.
19 § 4. Section 2-214 of the village law, as amended by section 26 of
20 part X of chapter 62 of the laws of 2003, is amended to read as follows:
21 § 2-214 Notice of election. Within ten days after the right to an
22 election is complete the town clerk of each town in which any portion of
23 such territory is located shall cause to be posted in five public places
24 in that part of such territory located in such town and within five
25 public places within the balance of the town and also to be published at
26 least twice in the newspaper or newspapers designated pursuant to subdi-
27 vision eleven of section sixty-four of the town law, a joint notice by
28 the clerks of all such towns that at [a convenient place in such terri-
29 tory] designated polling places, between the hours of twelve o'clock
30 noon and nine o'clock in the evening and on a day not less than twenty
31 nor more than thirty days after the date of the posting and first publi-
32 cation, which date and [place] places shall be specified therein, an
33 election will be held to determine whether the proposed village of
34 (naming it) shall be incorporated. Such election shall not be held on a
35 day of a town election or of a general election in a town in which any
36 part of such territory is located. For the purposes of this section, in
37 the event that the town maintains a website, one of the posting require-
38 ments required by this section may be fulfilled by posting such informa-
39 tion on the town's website.
40 § 5. Section 2-216 of the village law is amended to read as follows:
41 § 2-216 Qualification of voters. Each resident in [such territory] any
42 town in which the territory is located qualified to vote for town offi-
43 cers may vote at such election.
44 § 6. Section 2-218 of the village law is REPEALED.
45 § 7. Section 2-222 of the village law is amended to read as follows:
46 § 2-222 Canvass of election. 1. At the close of the polls and as soon
47 thereafter as the inspectors of election shall have completed their
48 other duties as provided in this chapter and in the applicable
49 provisions of the election law, the inspectors thereat shall publicly
50 canvass and ascertain the vote without adjournment or postponement and
51 upon the completion of the canvass shall make and sign a certificate of
52 the holding of the election and of the canvass showing [for the territo-
53 ry or for each part of each town in the territory and computed separate-
54 ly for each such part, as the case may be,] the whole number of such
55 votes, the number of blank and void ballots, if any, the number for
56 incorporation and the number against incorporation. If a majority of the
S. 990 167 A. 1920
1 valid votes cast in [the territory or in each part of each] any town in
2 which the territory [and computed separately for each such part, as the
3 case may be,] is located is for incorporation, the proposed village
4 shall be incorporated as provided in section 2-234 of this article. The
5 inspectors of election shall also and before nine thirty o'clock in the
6 forenoon of the following day file the original of such certificate in
7 the office of the clerk of the town wherein was filed the original of
8 the petition for incorporation and duplicate copies thereof in the
9 offices of the clerks of all other towns in which a portion of such
10 territory is located.
11 2. If the certificate shows that less than a majority of the valid
12 votes cast in any town in which the territory [or in any part of any
13 town in the territory and computed separately for such part, as the case
14 may be,] is located at such election is for incorporation then no
15 proceeding for the incorporation of the same territory shall be
16 commenced within [one year] two years from the date of such election.
17 § 8. Subdivision 1 of section 19-1900 of the village law, as amended
18 by section 34 of part X of chapter 62 of the laws of 2003, is amended to
19 read as follows:
20 1. The board of trustees of any village may, and upon a petition of
21 the electors of the village shall, adopt a plan for dissolution and a
22 resolution submitting a proposition for the dissolution of the village
23 in accordance with the permissive referendum article, except that in
24 determining the date for submission of the proposition pursuant to
25 section 9-912 of this chapter, the date of the public hearing under this
26 article shall be used and not the date that the question is presented. A
27 petition to dissolve a village shall be sufficient if signed and
28 acknowledged or proved by qualified electors of such village, in number
29 equal to at least [one-third] ten percent of the total number of resi-
30 dent electors residing in the village, qualified to vote at the last
31 general village or special village election immediately preceding the
32 submission of the proposition in question, and who signed the petition
33 not earlier than one hundred twenty days prior to filing thereof.
34 § 9. Section 19-1902 of the village law, as amended by section 36 of
35 part X of chapter 62 of the laws of 2003, is amended to read as follows:
36 § 19-1902 Public hearing. Prior to the submission of the proposition
37 pursuant to subdivision one of section 19-1900, the board of trustees
38 shall conduct a public hearing on the proposed dissolution of the
39 village, to be held within nine months of the date of the filing of the
40 petition, or of the date of the board of trustees resolution on its own
41 motion pursuant to subdivision one of section 19-1900. Notice of the
42 public hearing shall be mailed by certified or registered mail to the
43 supervisor of the town or towns in which the village is situated and
44 notice shall be published at least ten but not more than twenty days
45 before such hearing in the official newspapers of the village and the
46 town or towns.
47 § 10. Section 19-1903 of the village law, as added by section 37 of
48 part X of chapter 62 of the laws of 2003, is amended to read as follows:
49 § 19-1903 Plan for dissolution. The plan for dissolution shall address
50 the following:
51 1. The disposition of property of the village.
52 2. The payment of outstanding obligations and the levy and collection
53 of the necessary taxes and assessments therefor.
54 3. The transfer or elimination of public employees.
55 4. Any agreements entered into with the town or towns in which the
56 village is situated in order to carry out the plan for dissolution.
S. 990 168 A. 1920
1 5. [Whether] The period of time in which any local laws, ordinances,
2 rules or regulations of the village in effect on the date of the dissol-
3 ution of the village shall remain in effect [for a period of time other
4 than as provided by section 19-1910 of this article].
5 6. The continuation of village functions or services by the town.
6 7. A fiscal analysis of the effect of dissolution on the village and
7 the area of the town or towns outside of the village.
8 8. Any other matters desirable or necessary to carry out the dissol-
9 ution.
10 9. A written agreement with the town or towns within whose territorial
11 jurisdiction the village is situated shall be required for any item in
12 the dissolution plan which does not conform to sections 19-1910,
13 19-1912, 19-1914 and 19-1916 of this article.
14 § 11. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after April 1, 2005.
16 PART BB
17 Section 1. The opening paragraph of subdivision b of section 11 of the
18 retirement and social security law, as amended by chapter 423 of the
19 laws of 1968, is amended to read as follows:
20 The comptroller shall engage the services of an actuary and may employ
21 such other necessary technical and administrative assistance as he or
22 she may require. For the purpose of determining upon the proper tables
23 to be prepared and submitted to the comptroller for adoption, the actu-
24 ary, from time to time, but at least once in each five years, shall make
25 such investigation of the mortality, service and compensation experience
26 of the members as the comptroller may authorize. On the basis of such
27 investigations and upon the recommendation of the actuary, and in
28 consideration of comments from the independent actuarial advisory board
29 as required under subdivision b-1 of this section and comments received
30 pursuant to the public review process required under section sixteen-b
31 of this title, the comptroller shall:
32 § 2. Section 11 of the retirement and social security law is amended
33 by adding two new subdivisions b-1 and b-2 to read as follows:
34 b-1. Prior to submitting recommendations to change actuarial funding
35 assumptions or actuarial funding methods to the comptroller for
36 adoption, the actuary shall present his or her findings and recommenda-
37 tions to, and solicit comments from, a three-member independent actuari-
38 al advisory board consisting of professional actuaries with the gover-
39 nor, the majority leader of the senate, and the speaker of the assembly
40 each appointing one member.
41 b-2. Notwithstanding any inconsistent provision of law, the comp-
42 troller shall reconsider the employer contribution rates applicable to
43 the thousand five--two thousand six fiscal year and, to the extent
44 reasonable and prudent in his discretion, and in consideration of the
45 public disclosure and independent review objectives contained in subdi-
46 vision b-1 of this section, implement revised employer contribution
47 rates for the New York state and local employees' retirement system
48 without modification for mortality and retirement assumptions or a
49 market value restart of the asset valuation method.
50 § 3. Paragraph 3 of subdivision d of section 11 of the retirement and
51 social security law, as added by chapter 169 of the laws of 1994, is
52 amended to read as follows:
53 3. Any other information needed to fully and fairly disclose the actu-
54 arial position of the plan, including a schedule of funding progress on
S. 990 169 A. 1920
1 a comparable basis with other state retirement systems and consistent
2 with the reporting principles prescribed by the governmental accounting
3 standards board. For this disclosure, the actuarial accrued liability is
4 the portion of the actuarial present value of total system liabilities
5 and expenses which are not provided for by future normal costs. For this
6 schedule, normal cost shall be calculated under the entry age normal
7 actuarial cost method.
8 § 4. Subdivision d of section 11 of the retirement and social security
9 law is amended by adding two new paragraphs 5 and 6 to read as follows:
10 5. A five-year projection of employer contribution rates and an annu-
11 al reconciliation of actual rates with projected rates from the prior
12 year.
13 6. A reconciliation of the market value and actuarial value of assets
14 to the end of the prior year, for each system and the group life insur-
15 ance plan. Such reconciliation shall include: employer contributions,
16 member contributions, investment income, realized investment gains or
17 losses, unrealized investment gains or losses, retirement payments,
18 death benefits, disability payments and any other items needed to fully
19 reconcile the assets.
20 § 5. Subdivision 1 of section 16-b of the retirement and social secu-
21 rity law, as added by chapter 210 of the laws of 1990, is amended to
22 read as follows:
23 (1) The comptroller, on or before the fifteenth day of October of each
24 year, shall submit to the director of the division of the budget and the
25 chairmen of the senate finance committee and the assembly ways and means
26 committee written notice of any proposed material change in the annual
27 actuarial valuation provided for in this article or any other material
28 change, other than those provided by legislation or resolution, affect-
29 ing the state's or any other participating employer's estimated or actu-
30 al obligations to the pension accumulation fund and the New York state
31 public employees group life insurance plan for the succeeding fiscal
32 year. Such notice of material change shall include the financial impact
33 on the systems' liabilities and future contributions. A material change
34 shall include a change in actuarial assumptions, cost method or asset
35 smoothing method. Such notice of proposed material change in the annual
36 actuarial valuation shall also be made available for public review and
37 comment for a ninety day period. No material change in the annual actu-
38 arial valuation shall be implemented without such opportunity for public
39 review and comment.
40 § 6. The opening paragraph of subdivision b of section 311 of the
41 retirement and social security law, as amended by chapter 423 of the
42 laws of 1968, is amended to read as follows:
43 The comptroller shall engage the services of an actuary and may employ
44 such other necessary technical and administrative assistance as he or
45 she may require. For the purpose of determining upon the proper tables
46 to be prepared and submitted to the comptroller for adoption, the actu-
47 ary, from time to time, but at least once in each five years, shall make
48 such investigation of the mortality, service and compensation experience
49 of the members as the comptroller may authorize. On the basis of such
50 investigation and upon the recommendations of the actuary and in consid-
51 eration of comments from the independent actuarial advisory board as
52 required under subdivision b-1 of this section and comments received
53 pursuant to the public review process required under section three
54 hundred sixteen-b of this title, the comptroller shall:
55 § 7. Section 311 of the retirement and social security law is amended
56 by adding two new subdivisions b-1 and b-2 to read as follows:
S. 990 170 A. 1920
1 b-1. Prior to submitting recommendations to change actuarial funding
2 assumptions or actuarial funding methods to the comptroller for
3 adoption, the actuary shall present his or her findings and recommenda-
4 tions to, and solicit comments from, a three-member independent actuari-
5 al advisory board consisting of professional actuaries with the gover-
6 nor, the majority leader of the senate, and the speaker of the assembly
7 each appointing one member.
8 b-2. Notwithstanding any inconsistent provision of law, the comp-
9 troller shall reconsider the employer contribution rates applicable to
10 the two thousand five--two thousand six fiscal year and, to the extent
11 reasonable and prudent in his discretion, and in consideration of the
12 public disclosure and independent review objectives contained in subdi-
13 vision b-1 of this section, implement revised employer contribution
14 rates for the New York state and local police and fire retirement system
15 without modification for mortality and retirement assumptions or a
16 market value restart of the asset valuation method.
17 § 8. Subdivision d of section 311 of the retirement and social securi-
18 ty law, as added by chapter 1000 of the laws of 1966, is amended to read
19 as follows:
20 d. The comptroller shall make an annual report showing the valuation
21 of the assets and liabilities of the funds of the [policemen's and fire-
22 men's] retirement system, as certified by the actuary, a statement of
23 receipts and disbursements and his or her recommendations in regard
24 thereto. Such report shall be published with and as a part of the annual
25 report of the comptroller. In addition to the above annual report, an
26 actuarial report prepared in accordance with the generally recognized
27 and accepted actuarial principles and practices which are consistent
28 with principles prescribed by the actuarial standards boards (ASB) and
29 the code of professional conduct and qualification standards for public
30 statements of actuarial opinion of the American academy of actuaries,
31 shall be published on or before October fifteenth of each fiscal year to
32 include:
33 1. The following membership distributions for the New York state and
34 local police and fire retirement system, separately for the following
35 categories: the state, cities, counties, towns, villages, school
36 districts, and miscellaneous.
37 (i) For active members, five year age/service groups in matrix form
38 showing numbers of members and average compensation.
39 (ii) For retired members, five year age/service at retirement groups
40 in matrix form showing numbers of members and average final average
41 salary, and average annual pension.
42 (iii) For active members, number of members and total salary by tier.
43 2. For inactive employees, five year age/service groups in matrix form
44 showing number of members and average last compensation.
45 3. Any other information needed to fully and fairly disclose the actu-
46 arial position of the plan, including a schedule of funding progress on
47 a comparable basis with other state retirement systems and consistent
48 with the reporting principles prescribed by the governmental accounting
49 standards board. For this disclosure, the actuarial accrued liability is
50 the portion of the actuarial present value of total system liabilities
51 and expenses which are not provided for by future normal costs. For this
52 schedule, normal cost shall be calculated under the entry age normal
53 actuarial cost method.
54 4. A reconciliation to the prior year of the number of all members
55 (active, inactive and retired).
S. 990 171 A. 1920
1 5. A five-year projection of employer contribution rates and an annu-
2 al reconciliation of actual rates with projected rates from the prior
3 year.
4 6. A reconciliation of the market value and actuarial value of assets
5 to the end of the prior year, for each system and the group life insur-
6 ance plan. Such reconciliation shall include: employer contributions,
7 member contributions, investment income, realized investment gains or
8 losses, unrealized investment gains or losses, retirement payments,
9 death benefits, disability payments and any other items needed to fully
10 reconcile the assets.
11 § 9. Subdivision 1 of section 316-b of the retirement and social secu-
12 rity law, as added by chapter 210 of the laws of 1990, is amended to
13 read as follows:
14 (1) The comptroller, on or before the fifteenth day of October of each
15 year, shall submit to the director of the division of the budget and the
16 chairmen of the senate finance committee and the assembly ways and means
17 committee written notice of any proposed material change in the annual
18 actuarial valuation provided for in this article or any other material
19 change, other than those provided by legislation or resolution, affect-
20 ing the state's or any other participating employer's estimated or actu-
21 al obligations to the pension accumulation fund and the New York state
22 public employees group life insurance plan for the succeeding fiscal
23 year. Such notice of material change shall include the financial impact
24 on the systems' liabilities and future contributions. A material change
25 shall include a change in actuarial assumptions, cost method or asset
26 smoothing method. Such notice of proposed material change in the annual
27 actuarial valuation shall also be made available for public review and
28 comment for a ninety day period. No material change in the annual actu-
29 arial valuation shall be implemented without such opportunity for public
30 review and comment.
31 § 10. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect on and after April 1, 2004.
FISCAL NOTE.-- This bill would amend the Retirement and Social Securi-
ty law to require the New York State and Local Employees' Retirement
System and the New York State and Local Police and Fire Retirement
System to: (i) provide for an independent professional review and a
public comment period prior to making actuarial funding changes; (ii)
reconsider actuarial funding changes made in developing the 2005-06
employer contribution rates; and (iii) improve financial reporting.
Should the Systems implement revised 2005-06 employer contribution
rates, it could reduce employer pension contributions by approximately
$367 million for the State ($321 million in the General State Charges
budget and $46 million in the Judiciary budget) and by approximately
$671 million for local governments and other participating employers.
The source of this estimate, dated January 4, 2005, is the New York
State Division of the Budget.
33 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
34 sion, section or part of this act shall be adjudged by any court of
35 competent jurisdiction to be invalid, such judgment shall not affect,
36 impair, or invalidate the remainder thereof, but shall be confined in
37 its operation to the clause, sentence, paragraph, subdivision, section
38 or part thereof directly involved in the controversy in which such judg-
39 ment shall have been rendered. It is hereby declared to be the intent of
40 the legislature that this act would have been enacted even if such
41 invalid provisions had not been included herein.
S. 990 172 A. 1920
1 § 3. This act shall take effect immediately provided, however, that
2 the applicable effective date of Parts A through BB of this act shall be
3 as specifically set forth in the last section of such Parts.