RETRIEVE BILL PPGG - 0607
STATE OF NEW YORK
________________________________________________________________________
S. 6456 A. 9556
SENATE - ASSEMBLY
January 20, 2006
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the general municipal law, the municipal home rule law,
and the village law, in relation to mergers and consolidations of
municipal governments; and to repeal section 2-218 of the village law
relating to registration list of voters (Part A); to amend the state
finance law and the executive law, in relation to creating a permanent
program of aid and incentives for municipalities; and to repeal
certain provisions of the state finance law relating thereto (Part B);
to amend the civil service law, in relation to the consideration of
ability to pay in the determination of arbitration awards; to amend
the general municipal law, the state finance law, the education law,
the environmental conservation law, the highway law, the labor law,
the public authorities law, the county law, the facilities development
corporation act, chapter 560 of the laws of 1980 authorizing the city
of New York to adopt a solid waste management law, the New York state
urban development corporation act, chapter 345 of the laws of 1968
establishing a United Nations development district and formulating and
administering plans for the development of such district, chapter 35
of the laws of 1979 appropriating funds to the New York state urban
development corporation, chapter 735 of the laws of 1979 providing for
construction of an American stock exchange/office facility in New York
county, chapter 825 of the laws of 1987 amending the public authori-
ties law and other laws relating to the construction and improvement
of court facilities and the Hudson river park act, in relation to
requirements for separate contracts for certain public works; to amend
the civil practice law and rules, in relation to payment of certain
podiatric expenses; to amend the general municipal law, the public
housing law, the state finance law, and chapter 585 of the laws of
1939 relating to the rate of interest to be paid by certain public
corporations upon judgments and accrued claims, in relation to the
rate of interest on judgments; to amend the education law, the public
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12270-01-6
S. 6456 2 A. 9556
authorities law, the public housing law, the racing, pari-mutuel
wagering and breeding law, and the New York city health and hospitals
corporation act, in relation to providing for the exclusive jurisdic-
tion of the court of claims over claims against boards of education
and school districts, the community colleges of the city university of
New York, the New York city transit authority, the metropolitan trans-
portation authority, the triborough bridge and tunnel authority, the
New York city housing authority, the New York city off-track betting
corporation and the New York city health and hospitals corporation,
and claims against the officers and employees thereof that arise out
of their employment, for damages for personal injury, injury to prop-
erty and wrongful deaths; to amend the general municipal law and the
public officers law, in relation to the authorization of inter-munici-
pal agreements; to amend the general municipal law, in relation to
local government procurement practices; to repeal section 101 of the
general municipal law, section 135 of the state finance law, section
151-a of the public housing law, subdivisions 1 and 2 of section 458
of the education law, subdivisions 1 and 2 of section 482 of the
education law, subdivision (b) of section 6281 of the education law,
paragraph f of subdivision 27 of section 1680 of the public authori-
ties law, paragraph b of subdivision 1 of section 1734 of the public
authorities law, subdivision 2 of section 2350-o of the public author-
ities law, paragraph (a) of subdivision 6 of section 2466 of the
public authorities law, subdivision 1 of section 2722 of the public
authorities law, section 11 of chapter 795 of the laws of 1967 relat-
ing to the construction of boards of cooperative educational services
buildings, section 9 of chapter 892 of the laws of 1971 amending the
public authorities law relating to construction by the dormitory
authority, section 21 of chapter 464 of the laws of 1972 amending the
public authorities law and other laws relating to providing facilities
for community colleges and the powers of the state university trustees
and section 29 of chapter 337 of the laws of 1972, amending the
correction law and other laws relating to facilities for the depart-
ment of correctional services, relating to the requirements for sepa-
rate contracts for certain public work; to repeal subdivisions (a) and
(b) of section 4545 of the civil practice law and rules, relating to
admissibility of collateral source of payment; and to repeal subdivi-
sion (e) of rule 4111 of the civil practice law and rules, relating to
itemized verdicts in certain actions against a public employer for
personal injury and wrongful death (Part C); to amend the state
finance law, in relation to creating a new state assistance program
for eligible cities and eligible municipalities in which a video
lottery gaming facility is located (Part D); establishing the New York
state pension reform task force (Part E); to amend the civil service
law and chapter 101 of the laws of 2004 amending the civil service law
and the state finance law relating to the health insurance fund, in
relation to such funds and the effectiveness thereof (Part F); to
provide a temporary retirement incentive for certain public employees
(Part G); in relation to providing for the administration of certain
funds and accounts related to the 2006-2007 budget; in relation to
authorizing certain payments and transfers; to amend the state finance
law, in relation to the school tax relief fund; in relation to the
collection and processing of civil fingerprints; to amend the New York
state medical care facilities finance agency act, in relation to the
issuance of bonds; to amend the private housing finance law, in
relation to housing program bonds and notes; to amend chapter 389 of
S. 6456 3 A. 9556
the laws of 1997, relating to the financing of the correctional facil-
ities improvement fund and the youth facility improvement fund, in
relation to the issuance of bonds; to amend chapter 61 of the laws of
2005, relating to temporary loans and fund transfers, in relation to
the issuance of bonds; in relation to awarding contracts by the office
of technology for the consolidated data center facility; to amend the
public authorities law, in relation to the maximum amount of bonds
that may be issued; to amend chapter 81 of the laws of 2002, relating
to providing for the administration of certain funds and accounts
related to the 2002-2003 budget, in relation to the financing of the
Elk street parking garage building located in the city of Albany; to
amend the public authorities law, in relation to the issuance of
bonds; to amend the state finance law, in relation to issuance of
certificates of participation, variable rate bonds, payments, trans-
fers and deposits of funds and investment of general funds, bond
proceeds, and other funds not immediately required; to amend the
public authorities law, in relation to state environmental infrastruc-
ture projects and providing for the repeal of certain provisions upon
expiration thereof (Part H); to amend the civil service law, in
relation to the authorization of temporary appointments for informa-
tion technology projects; and to amend the retirement and social secu-
rity law, in relation to establishing a new defined contribution bene-
fit (Part I); to amend chapter 83 of the laws of 1995 amending the
state finance law and other laws relating to bonds, notes and reven-
ues, in relation to eliminating the expiration of provisions of the
state finance law relating to purchasing services and commodities; to
amend the state finance law, in relation to a waiver of prior written
consent for assignments of certain contracts under certain limited
circumstances; to amend the state finance law and the economic devel-
opment law, in relation to increasing discretionary purchasing thresh-
olds for procurements, approval thereof by the comptroller and publi-
cation of notice of the procurement opportunity; to amend the general
municipal law, in relation to increasing discretionary purchasing
thresholds for procurements; to amend the state finance law, in
relation to providing technical and substantive improvements in the
procurement of commodities and services, establishing the advisory
council on vendor responsibility database, the definition of "respon-
s", enhancing the policy making authority of the state procurement
council and the notice required to be provided of the sale of state
property; to amend chapter 62 of the laws of 2003 amending the general
municipal law and the county law relating to expanding the authority
of a political subdivision or district to purchase materials or
contract for services, in relation to the effective date of certain
provisions thereof; to direct the division of minority and women's
business development to study levels of qualification and partic-
ipation; and to repeal subdivision (a) of section 41 of part X of
chapter 62 of the laws of 2003 amending the general municipal law and
the county law relating to expanding the authority of a political
subdivision or district to purchase materials or contract for
services, relating to the expiration of certain provisions thereof
(Part J); to amend the alcoholic beverage control law, in relation to
the filing of a computer file of required price schedules, in such
manner and format as the authority may direct; and in relation to sums
of civil penalties that may be imposed, and in relation to general
rule making powers (Part K); to amend chapter 691 of the laws of 2003
amending the general business law and the executive law relating to
S. 6456 4 A. 9556
enacting the New York Motor Fuel Marketing Practices Act and to amend
the executive law, in relation to the prosecution of complaints
referred to the attorney general by the consumer protection board
(Part L); to amend the state finance law, in relation to broadening
the allowable uses of funds deposited into the criminal justice
improvement account (Part M); to amend the vehicle and traffic law, in
relation to the denial of registration or renewal for certain
violations; in relation to the suspension of registration for failure
to answer or pay penalties with respect to certain violations; in
relation to establishing a photo-monitoring program to impose fines
for failing to obey work zone speed limits and in relation to estab-
lishing a photo-monitoring program to impose fines for failing to obey
posted speed limits (Part N); to amend the correction law, in relation
to amending the notification process for correctional facilities that
are to be closed and a reuse has been approved as part of the enacted
budget (Part O); to amend chapter 62 of the laws of 2003, amending the
county law and other laws relating to assigned counsel, in relation to
criminal history search fees and the legal services assistance fund
(Part P); to amend chapter 62 of the laws of 2003 amending the insur-
ance law and other laws relating to motor vehicle law enforcement
fees, in relation to extending the expiration and repeal thereof; to
amend chapter 56 of the laws of 2004 amending the insurance law and
the state finance law relating to motor vehicle law enforcement fees,
in relation to extending the expiration and repeal thereof; to amend
chapter 55 of the laws of 1992 amending the tax law generally and
enacting the omnibus revenue act of 1992, in relation to extending the
expiration and repeal thereof; to amend chapter 57 of the laws of 2000
amending the state finance law relating to a report on automobile
theft prevention activities of the state police, in relation to
extending the expiration and repeal thereof; and to amend the execu-
tive law, in relation to extending the applicability of the plan of
operation and grant award process of the New York motor vehicle theft
and insurance fraud prevention demonstration program and the expira-
tion thereof (Part Q); to amend the criminal procedure law, the execu-
tive law, the general municipal law and the penal law, in relation to
the payment of financial obligations by credit card, electronic moni-
toring, drug testing, probation fees and bail monies; and to amend
chapter 55 of the laws of 1992, amending the tax law and other laws
relating to taxes, surcharges, fees and funding, in relation to
extending the expiration of certain provisions of such chapter (Part
R); to amend the penal law, in relation to release on parole, condi-
tional release and presumptive release; and to repeal subdivision 2 of
section 70.40 of such law relating to conditional release of persons
serving definite sentences of imprisonment (Part S); to amend the
county law and the tax law, in relation to clarifying the applicabil-
ity of the state wireless communications service surcharge, applying
the administrative and enforcement provisions of the tax law to such
surcharge, imposing such surcharge on prepaid wireless communications
service and providing a safe harbor for providers of prepaid wireless
communications services, and conforming the base of the city and coun-
ty wireless communications service surcharges to that of the state
wireless communications service surcharge; and to repeal certain
provisions of the county law relating thereto (Part T); to amend the
Patriot Plan, in relation to extending the applicability of a
provision thereof for the suspension of public retirement system loan
repayment obligations (Part U); to amend the civil service law, in
S. 6456 5 A. 9556
relation to the annual filing of collective bargaining information and
imposing a fee therefor (Part V); to amend the criminal procedure law,
in relation to business records as evidence in grand jury proceedings
(Part W); to amend the state finance law and the executive law, in
relation to centralized services provided by the office of general
services (Part X); to amend the penal law, in relation to aggregate
weight standards for controlled substance offenses (Part Y); to amend
the real property tax law, in relation to the assessment of state
owned lands; and to amend chapter 163 of the laws of 2005 relating to
the allocation of payments received in lieu of taxes in certain cases,
in relation to the allocation of such payments (Part Z); and to amend
the public lands law and the public authorities law, in relation to
state aid on certain state-leased or state-owned lands (Part AA)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2006-2007
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through AA. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. The general municipal law is amended by adding a new arti-
14 cle 17-A to read as follows:
15 ARTICLE 17-A
16 LOCAL GOVERNMENT MERGERS LAW
17 Section 750. Short title.
18 751. Legislative intent.
19 752. Definitions.
20 753. Commencement of merger study.
21 754. Study committee.
22 755. Plan of merger.
23 756. Ancillary agreements.
24 757. Public hearing.
25 758. Adoption of plan of merger; election.
26 759. Merger.
27 760. Elections for officers of the new local government.
28 761. Effect on county boundaries; city charters.
29 762. Effect of merger on certain districts.
30 763. Certain districts partially within a new local government.
31 764. Sales and compensating use tax transitional provisions.
32 765. Notification and submission of the plan of merger; agency
33 assistance.
34 766. Effect on village within a local constituent government
35 involved in a merger.
S. 6456 6 A. 9556
1 § 750. Short title. This article shall be known and may be cited as
2 the "local government mergers".
3 § 751. Legislative intent. It is the intention of the legislature by
4 the enactment of this article to provide a local government mergers law,
5 pursuant to which adjoining local governments - villages, towns, cities
6 or counties - may consolidate or merge through local initiative into a
7 new local government. The creation and evolution of local governments
8 in this state has constituted a vital part of the state's political and
9 social historical development. Local governments have provided a strong
10 basis for local pride and identification, yet fiscal and other needs may
11 call for merger of the corporate structures. Procedures for merger
12 should allow local initiative and implementation of the merger and
13 should recognize and provide a mechanism for continuing local identifi-
14 cation with governmental antecedents. Hamlets, which delineate geograph-
15 ic areas within the new government structure but without separate
16 governmental powers, will provide this mechanism for retention of local
17 identification with traditional governmental entities. The powers
18 accorded by this article shall be in addition to, and shall not serve to
19 limit, any other powers now or hereafter conferred on local governments.
20 § 752. Definitions. As used in this article, unless otherwise express-
21 ly stated or unless the context otherwise requires, the following terms
22 shall mean:
23 1. "Local govern". A town, village, city or county, but shall not
24 include a city with a population over one million.
25 2. "Me". The procedure pursuant to this article through which two
26 or more constituent local governments merge into a new local government
27 which shall be one of the constituent local governments.
28 3. "Constituent local govern". A local government that is partic-
29 ipating in the merger with one or more other local governments.
30 4. "New local govern". The constituent local government into which
31 one or more other constituent local governments are merged. Where one or
32 more constituent local governments is a county, the county shall be the
33 new local government.
34 5. "Governing b". The legislative body of a constituent local
35 government.
36 6. "Adjoi". Two local governments having a common boundary line,
37 however small, shall be deemed to adjoin. More than two local govern-
38 ments shall be deemed to adjoin if each of them has a common boundary
39 line with any of the others. Local governments shall be deemed to adjoin
40 where a common boundary line lies along or within a public highway or a
41 body of water. Where a local government is wholly included within the
42 boundaries of another local government, such governments shall be deemed
43 to adjoin.
44 7. "Ha". A geographic designation within the new local government
45 which may identify a constituent local government's former boundaries
46 for purposes of local place name identification.
47 8. "Board of supervi". A county board of supervisors as provided
48 in section one hundred fifty of the county law.
49 § 753. Commencement of merger study. The governing boards of two or
50 more adjoining local governments upon a resolution may, and upon a peti-
51 tion of the electors shall, commence a study of merger in accordance
52 with this article. A petition to study merger shall be sufficient if
53 signed and acknowledged by qualified electors in each such adjoining
54 local government in number equal to at least ten percent of the resident
55 electors qualified to vote at the last general or special local govern-
56 ment election in such local government immediately preceding the filing
S. 6456 7 A. 9556
1 of the petition, and who signed such petition not earlier than one
2 hundred eighty days prior to filing thereof. The petition shall be filed
3 with the municipal clerk of the local government wherein the respective
4 electors reside.
5 § 754. Study committee. Prior to the adoption of a plan of merger, the
6 governing boards of constituent local governments may appoint a joint
7 study committee on merger. The committee shall be composed of at least
8 one appointee from each constituent local government. Such committee
9 shall organize and form such subcommittees as it deems necessary or
10 desirable. It shall make a report or reports to the governing boards
11 which created it. The report or reports shall consider and make recom-
12 mendations, where desirable, regarding any subject to be addressed in a
13 plan of merger, ancillary agreements, and any other related matter it
14 deems necessary or desirable to address.
15 § 755. Plan of merger. The governing board of each local government
16 proposing to participate in a merger pursuant to this article shall
17 adopt a plan of merger, which shall include:
18 1. The name of each constituent local government, the name of the new
19 local government, and, where the name of the new local government is to
20 be changed, the new name of the new local government.
21 2. The class of government of the new local government, and details of
22 the governmental structure to be implemented for the new local govern-
23 ment.
24 3. A plan for the disposition of real or personal property or other
25 assets of the constituent local governments.
26 4. A plan for the payment of outstanding obligations and the levy and
27 collection of the necessary taxes and assessments therefor.
28 5. A plan for the separation from employment or continued employment
29 of appointed officers and employees of the constituent local govern-
30 ments.
31 6. The effective date of the merger as prescribed by this article,
32 including a description of circumstances pursuant to which merger will
33 not take place.
34 7. The method of initial election of supervisors upon approval of the
35 proposition of merger where the new local government will be a city
36 which is situated in a county governed by a board of supervisors.
37 8. The names and geographic areas designated as hamlets of the new
38 local government, if any.
39 9. A summary of any ancillary agreements entered into by the constitu-
40 ent local governments prior to or which will be entered into upon
41 adoption of the proposed plan of merger.
42 10. Any other matter such board deems necessary or desirable to carry
43 out the proposed merger.
44 § 756. Ancillary agreements. The governing bodies of the constituent
45 local governments may adopt such ancillary agreements necessary or
46 desirable to effect the merger pursuant to the proposed plan of merger.
47 Ancillary agreements may address any matter relating to the merger
48 including but not limited to the continuance of government, continuance
49 of services upon merger of the constituent local governments, a
50 description of circumstances upon which merger shall not take place, and
51 any matter relating to transition of government prior to or upon the
52 effective date of merger.
53 § 757. Public hearing. Prior to adoption of the plan of merger, the
54 governing boards of the constituent local governments shall conduct a
55 joint public hearing not less than nine months from the later of: the
56 last date on which a petition was filed with a constituent local govern-
S. 6456 8 A. 9556
1 ment; or, the last date a resolution to commence a merger study was
2 passed by the governing board of a constituent local government on the
3 proposed plan of merger and any ancillary agreement. The governing board
4 of each constituent government shall vote upon the plan of merger within
5 one hundred twenty days from the commencement of the hearing. The joint
6 public hearing shall be held upon at least ten and not more than twenty
7 days notice. Such governing boards shall cause notice of such public
8 hearing to be published once in their official newspapers, or, if there
9 is no official newspaper, in a newspaper having general circulation in
10 the area of the constituent local governments. The proposed plan of
11 merger and any ancillary agreements shall be available for public
12 inspection by each constituent local government and copies thereof may
13 be made available without charge or at a charge consistent with section
14 eighty-seven of the public officers law.
15 § 758. Adoption of plan of merger; election. 1. Upon adoption of the
16 plan of merger by the governing board of all of the constituent local
17 governments, a proposition for merger containing such plan shall be
18 submitted to the qualified electors of each constituent local govern-
19 ment, at the next succeeding general election held not less than ninety
20 days after the last date of adoption of the plan of merger by a constit-
21 uent local government.
22 2. Within thirty days of the adoption of the plan of merger by the
23 governing board of all of the constituent local governments and up to
24 the date of the general election at which the proposition is to be
25 decided, the adopted plan of merger, and an abstract thereof, shall be
26 available for the public to review at the offices of the municipal clerk
27 of each constituent local government and at other readily accessible
28 public places, such as libraries, within the territory of each of the
29 constituent local governments.
30 3. An abstract of the proposition shall be published in the same
31 manner as notice of the public hearing required by this article not more
32 than twenty days nor less than ten days prior to the general election at
33 which the proposition is to be decided.
34 4. The proposition to be voted upon shall state: "Shall the
35 _______________________ (names of constituent local governments) be
36 merged to become the _______________________ (name of new local govern-
37 ment) pursuant to the adopted plan of merger?".
38 5. If such proposition is approved by a majority of the qualified
39 electors of each constituent local government voting thereon, a certif-
40 icate of such election shall be filed with the secretary of state, with
41 the clerks of each constituent local government and with the clerks of
42 each county in which any part of the constituent local governments are
43 situated.
44 § 759. Merger. 1. Upon the effective date of the merger, the constitu-
45 ent local government shall be merged into the new local government. The
46 new local government shall possess, in the territory of the constituent
47 local governments, all of the powers that such constituent local govern-
48 ments possessed.
49 2. Unless the plan or ancillary agreements shall provide otherwise,
50 the outstanding debts and obligations of the constituent local govern-
51 ments shall be assumed by the new local government as the same shall
52 become due and payable and be a charge upon the taxable property within
53 the limits of the new local government and collected in the same manner
54 as new local government taxes and charges. The new local government
55 shall be responsible for satisfaction of any outstanding obligations
56 between any constituent local government and the state of New York. The
S. 6456 9 A. 9556
1 governing board of the new local government shall have all powers with
2 respect to such debts and obligations as the governing boards of the
3 constituent local governments; including the power to issue bonds to
4 redeem bond anticipation notes issued by the constituent local govern-
5 ments. All indebtedness incurred on behalf of special or improvement
6 districts shall remain as if such local governments had not merged.
7 3. Unless the plan shall provide otherwise, all local laws, ordi-
8 nances, rules or regulations of each constituent local government in
9 effect on the date of the merger, including but not limited to zoning
10 ordinances or local laws, shall remain in effect for a period of two
11 years following the effective date of the merger as if they had been
12 duly adopted by the new local government, and shall be enforced by the
13 new local government within the territory of the constituent local
14 government, except that the new local government shall have the power at
15 any time to amend or repeal such local laws, ordinances, rules or regu-
16 lations in the manner as other local laws, ordinances, rules or regu-
17 lations of the new local government; provided, however, that a local
18 law, ordinance or resolution adopted pursuant to the authority of arti-
19 cle twenty-nine of the tax law shall be subject to the provisions of
20 section seven hundred sixty-four of this article.
21 4. Upon merger, all records, books and papers of the constituent local
22 governments shall be deposited with the clerk of the new local govern-
23 ment and they shall thereupon become records of the new local govern-
24 ment.
25 5. Unless the plan provides otherwise or unless limited by operation
26 of law, the new local government shall continue to perform and to render
27 to and in each constituent local government territory all those func-
28 tions and services which were performed and rendered by such constituent
29 local government therein prior to the effective date of the merger. The
30 cost and expense of so performing and so rendering functions and
31 services continued pursuant to this section shall be budgeted, levied
32 upon, assessed against and collected from the territories served as if
33 no merger had taken place.
34 6. Unless the merger plan shall provide otherwise, all of the real and
35 personal property and other assets of the constituent local governments
36 shall become the property of the new local government. No action or
37 claim for or against any constituent local government shall be affected
38 by reason of its merger into another local government.
39 7. At least sixty days prior to the effective date of merger, the
40 governing boards of the constituent local governments, with the excep-
41 tion of the new local government, shall present the assessment rolls of
42 their respective governments to the governing body of the county. Such
43 new governing body shall cause each of the assessments thereon to be
44 transferred and added to the assessment roll of the new local government
45 and all of the assessments so transferred shall upon the effective date
46 of merger, for tax purposes, be part of the taxable property and assess-
47 ments of the new local government.
48 8. Unless the plan of merger provides otherwise, the merger shall take
49 effect at the expiration of the thirty-first day of December in the odd
50 numbered year following the year in which such ratification occurred.
51 § 760. Elections for officers of the new local government. 1. Unless
52 the plan of merger provides otherwise, elections for officers of the new
53 local government shall be held on the Tuesday succeeding the first
54 Monday in November in the odd numbered year following the year in which
55 such approval occurred. All officers elected to the new government
56 shall take office upon the effective date of the merger.
S. 6456 10 A. 9556
1 2. The term of all elected officials of the constituent local govern-
2 ments shall expire when the merger becomes effective, except for the
3 terms of elected county officials who have been elected by electors of
4 the entire county.
5 § 761. Effect on county boundaries; city charters. 1. Except where two
6 or more constituent local governments are counties, merger of local
7 governments pursuant to this article shall not affect any existing coun-
8 ty boundaries.
9 2. In the event the new local government is a city or a charter coun-
10 ty, such charter shall be amended as necessary or desirable to reflect
11 the merger. In any event, upon the effective date of such merger, the
12 city or county shall possess all powers accorded by such charter as to
13 the areas of the constituent local governments, pending charter amend-
14 ment.
15 § 762. Effect of merger on certain districts. 1. If on the date of
16 merger the new local government wholly includes the territory of a fire
17 district, fire protection district, fire alarm district, or a town
18 special improvement district, and the new local government is a village
19 or city, such district shall cease to exist at the end of the fiscal
20 year of such district next following the first day of June following the
21 first day of January next succeeding the date of merger. Except as
22 otherwise provided in this section, the powers and duties of the govern-
23 ing body of the district and of all the officers of the district in
24 connection therewith shall then cease, and any board of commissioners,
25 any office of commissioner and any other office of any such district
26 shall also cease to exist at such time.
27 2. a. The obligations and the contracts of a district which shall so
28 cease to exist and the obligations and contracts of a town for the bene-
29 fit of or chargeable to such a district shall not be impaired by this
30 section.
31 b. Notwithstanding the dissolution of a district pursuant to this
32 section:
33 (i) an amount shall be levied by the new local government and
34 collected annually from the taxable real property in the territory of
35 the dissolved district sufficient to pay in regular course the principal
36 of and interest on all bonds or obligations issued pursuant to the local
37 finance law, section one hundred nine-b of this chapter or otherwise by
38 or on behalf of such district which are outstanding and unpaid as of the
39 date of the dissolution of the district. Such annual levy and collection
40 shall continue until all such outstanding bonds and obligations are paid
41 in full;
42 (ii) all levies, assessments, fees, rates or other charges of the
43 district unpaid as of the date of dissolution and all penalties and
44 interest thereon shall be collected;
45 (iii) all moneys collected under subparagraph (ii) of this paragraph
46 which would be available for district purposes if the district were not
47 dissolved shall be applied to the payment of all obligations of the
48 district, other than those described in subparagraph (i) of this para-
49 graph, which are due and payable at the time of the dissolution of the
50 district. All such moneys so collected and not required for such purpose
51 shall be paid over to the fiscal officer of the new local government;
52 (iv) the levies, collections and payments described in subparagraphs
53 (i), (ii) and (iii) of this paragraph shall be made in the same manner
54 as if the district had not been dissolved, except that for the purposes
55 of this paragraph:
S. 6456 11 A. 9556
1 (A) if a fire district is dissolved, the governing board of the new
2 local government shall constitute the board of fire commissioners of the
3 former fire district; and
4 (B) if a district other than a fire district is dissolved, the powers
5 of the governing body of the district shall be exercised and performed
6 by the governing body of the new local government; and
7 (v) in lieu of the requirements set forth in subparagraph (i) of this
8 paragraph, the governing body of the new local government by resolution,
9 subject to permissive referendum, may provide that the new local govern-
10 ment shall assume responsibility for the levy and collection, as a
11 general charge, of all amounts required to pay the bonds or obligations
12 therein described. In such event the new local government shall annually
13 pay an amount sufficient to pay the principal and interest on such bonds
14 or obligations as same become due and payable in regular course.
15 c. All contracts of or on behalf of and chargeable to a district which
16 ceases to exist pursuant to this article, including all amounts unpaid
17 under such contracts but excluding all amounts unpaid thereunder which
18 were due and payable at the time of dissolution of such district, other
19 than obligations incurred pursuant to the local finance law and/or
20 section one hundred nine-b of this chapter shall, to the extent they are
21 the responsibility of or beneficial to such a district, be assumed by
22 the new local government and all expenditures under such contracts shall
23 be charged as provided in this subdivision. The terms and conditions and
24 all rights of or on behalf of the district, including any right of
25 amendment or rescission of such contract, shall inure to the benefit of
26 the new local government.
27 3. Upon a district ceasing to exist hereunder, all property of the
28 district shall automatically become the property of the new local
29 government and, in connection therewith, the governing body and any
30 other officer or person empowered to transfer title to or having the
31 custody or control of any moneys of such district, any moneys in a
32 reserve fund, any real or personal property of such district or used or
33 applied for the purposes of such district, any policies of insurance for
34 the benefit of such district, any documents, instruments and other muni-
35 ment of title to district property and of any official books, records
36 and other data relating to the operation and management of such district
37 shall prepare or cause to be prepared an inventory of all such property,
38 shall certify same, shall deliver same to the clerk of the new local
39 government and shall:
40 a. pay over to the fiscal officer of the new local government all such
41 moneys except so much thereof as was collected for the purpose of paying
42 principal of and interest on bonds or other obligations issued pursuant
43 to the local finance law, section one hundred nine-b of this chapter or
44 otherwise by or on behalf of the district and further except so much of
45 the balance of such moneys as may be required to pay those obligations
46 of the district. The fiscal officer of the new local government on
47 receipt of such moneys, shall set same aside and apply them pursuant to
48 law to the purposes of the district which ceases to exist hereunder so
49 long as the new local government continues to provide the service or
50 function thereof and thereafter to be applied in reduction of taxes
51 levied against the area of such former district; provided, however, that
52 so long as the new local government provides the service or function of
53 the former district any moneys held by or on behalf of a district in a
54 reserve fund subject to the provisions of article two of this chapter or
55 section fifty-five-a of the town law shall be held and administered by
56 the new local government as a reserve fund subject to those provisions
S. 6456 12 A. 9556
1 of article two of this chapter for the same or similar purpose for which
2 any such fund was established;
3 b. transfer, assign and convey to the new local government the title
4 to all such real or personal property;
5 c. assign such policies of insurance and its interest thereunder to
6 the extent permitted therein to the new local government;
7 d. surrender and deliver all such insurance policies, books, records
8 and other data to the clerk of the new local government. Copies of offi-
9 cial books, records and other data relating to the operation and manage-
10 ment of such district and certified by the officer responsible for same
11 shall be sufficient to satisfy the requirements of this paragraph. No
12 fees or expenses shall be charged for the making of such copies and same
13 shall be entitled to the same admissibility in evidence in a court
14 proceeding as the originals thereof; and
15 e. surrender and deliver all other such personal property to such
16 officer, employee, board or commission as the governing board of the new
17 local government shall designate. The failure of the governing body or
18 any other officer or person to comply with the requirements of this
19 subdivision shall in no way impair the automatic transfer to the new
20 local government of the right, title or interest of the district of, in
21 or to such property.
22 4. Upon a district ceasing to exist pursuant to this article and until
23 such time as the new local government may discontinue the service or
24 function of such former district, such service or function shall become
25 a service or function of the new local government and shall be continued
26 as, in the discretion of the new local government, may be needed in all
27 territory which previously received same and the governing board shall
28 have all the powers and duties granted by law in connection with such
29 service or function and such additional powers formerly held by the
30 governing body or any officer of the district which may be necessary to
31 continue the service or function of the district, provided, however:
32 a. if the limits of a district which ceases to exist pursuant to this
33 article are wholly within but are not coterminous with those of the new
34 local government and the service or function formerly provided by such
35 district is not extended outside the limits of the former district, all
36 the costs and expenses of such service or function may be chargeable
37 only to the territory of such former district;
38 b. if the limits of a district which ceases to exist pursuant to this
39 article are wholly within but are not coterminous with those of the new
40 local government and the service or function formerly provided by such
41 district is extended outside the limits of such former district, so much
42 of all costs and expenses of such extension of service or function to
43 such outside territory as is represented by the payment of the principal
44 and interest on obligations incurred therefor by the new local govern-
45 ment pursuant to the local finance law or section one hundred nine-b of
46 this chapter may be chargeable to and collected from such outside terri-
47 tory; and all other costs and expenses of such service or function may
48 be chargeable only to that part of the entire territory of the new local
49 government in which such service or function is provided. Regardless of
50 the territory to which such other costs and expenses may be made charge-
51 able, the same shall be apportioned and collected uniformly and without
52 discrimination within such territory;
53 c. upon any fire district ceasing to exist pursuant to this article,
54 all fire, hose, protection or hook and ladder companies and all author-
55 ized squads or other units of such district, including the memberships
56 thereof, shall continue to exist and may merge or consolidate with any
S. 6456 13 A. 9556
1 existing company as provided by law. All such companies, squads or units
2 shall thereafter be subject to and governed by all the provisions of law
3 regulating and pertaining to any such company, squad or unit or fire
4 department of a village or city as the case may be; and
5 d. all officers and employees of any district which ceases to exist
6 pursuant to this article shall to the greatest extent practicable in the
7 discretion of the governing body of the new local government be contin-
8 ued in the same or similar positions as employees of the new local
9 government and in connection therewith, shall have all the rights
10 provided by the civil service law as if their former positions with the
11 district had originally been established by the new local government.
12 5. The governing board of the new local government at any time by
13 local law may discontinue the service or function of the former district
14 in all or any part of the new local government; provided, however, that
15 any such local law shall be subject to a permissive referendum of the
16 qualified voters in the territory receiving the service or function at
17 the time of the adoption of such local law and in which the service or
18 function is proposed to be continued. For the purpose of such referendum
19 such territory shall be considered as if it comprised the entire terri-
20 tory of the new local government.
21 6. This section shall not apply to any special assessment area or any
22 area of assessment for benefit the boundaries of which are coterminous
23 with or wholly included within the limits of the new local government
24 which was established only to pay the original cost of any special
25 improvement or facility or any addition thereto, benefitting such area.
26 As to any such area the assessments therein established shall continue
27 to be levied and collected as if the merger had not taken place. Howev-
28 er, any such publicly owned improvement or facility shall become the
29 property of the new local government in the same manner as provided in
30 subdivision three of this section for property of a district.
31 7. Any other special assessment area or any other area of assessment
32 for benefit the boundaries of which are coterminous with or wholly
33 included within the limits of a new local government shall be considered
34 as a district subject to the provisions of this section and chapter if
35 same was established not only to pay the original cost of any special
36 improvement or facility, or any additional cost thereto, benefitting
37 such area but also to pay the cost of the operation, maintenance, repair
38 or replacement thereof.
39 § 763. Certain districts partially within a new local government. 1.
40 Unless the plan of merger provides otherwise, any town improvement
41 district and any fire district, fire protection district or fire alarm
42 district partially located in a constituent local government which upon
43 the merger would by operation of law or could pursuant to law, cease to
44 exist in such new local government shall, from the date of such merger
45 until the first day of June following the first day of January next
46 succeeding such date of merger, continue to perform and to render to and
47 in such constituent local government area all those functions and
48 services rendered by it therein and therefor on the date of the adoption
49 of the plan of merger. If the new local government includes within its
50 boundaries part of a fire district, fire protection district, fire alarm
51 district or a town special improvement district, the territory so
52 included within the boundaries of the new local government shall not be
53 relieved from bearing its proportionate share of any liability or
54 indebtedness incurred for such district purposes while such territory
55 was a part of such district and until such liability is discharged, or
56 such indebtedness paid the proportionate share to which such territory
S. 6456 14 A. 9556
1 would be liable if it had not been included in the boundaries of the new
2 local government shall be levied upon, assessed and collected from such
3 territory by the proper officers of such new local government in the
4 same manner as if such territory had not been included within the bound-
5 aries of the new local government. All moneys so collected shall be paid
6 over from time to time by the fiscal officer of the new local government
7 to the supervisor of the town in which the remainder of such district is
8 located to discharge such liability. The collector or receiver of taxes
9 of such town and the treasurer of a county shall continue in the
10 execution of their duties in respect to the property included in the
11 boundaries of a new local government until they shall have collected the
12 taxes authorized or assessed for the year of such merger or which have
13 been extended on the town assessment roll and become a lien after such
14 merger and pay to the fiscal officer of the new local government when
15 collected the taxes extended on the assessment roll against property
16 within the new local government for district purposes.
17 2. If the territory of the new local government includes within its
18 boundaries part of such a town district, the proportion of the bonded
19 debt incurred or obligations incurred pursuant to section one hundred
20 nine-b of this chapter by the town and payable by a tax against the
21 property within any such district for whose benefit the bonds or obli-
22 gations were issued which shall be assumed by the new local government
23 and the apportionment of personal and real property belonging to the
24 special district shall be determined according to the relative assessed
25 valuation of the personal and real property in that portion of the
26 special district without the new local government and that portion with-
27 in the new local government in the following manner: the town board of
28 the town when acting as a board for a district or the commissioner or
29 commissioners of a district where the special district is managed by a
30 commissioner or commissioners and the governing board of the new local
31 government being unable to agree within six months after the merger upon
32 the proportion of the debt and the apportionment of the personal and
33 real property, then the supreme court shall have power to determine such
34 division and to enforce such award, division and determination as shall
35 be made in the premises in a suit in equity to be brought in the name of
36 either of the said parties.
37 § 764. Sales and compensating use tax transitional provisions. 1.
38 Where the new local government in a merger occurring pursuant to this
39 article is a county or a city which is imposing a tax, which is in
40 effect on the effective date of the merger, pursuant to the authority of
41 subpart B of part I of article twenty-nine of the tax law, such tax
42 shall continue in full force and effect and shall apply within the
43 entire area of such new local government as the territorial limits of
44 such area are constituted on the effective date of such merger. Any such
45 imposition shall be subject to the provisions of such article twenty-
46 nine including provisions relating to the imposition, repeal or suspen-
47 sion of the tax by local law, ordinance or resolution.
48 2. Notwithstanding subdivision three of section seven hundred fifty-
49 eight of this article, any such tax imposed by a constituent local
50 government which is not the surviving local government shall cease to be
51 in effect as of the effective date of such merger.
52 § 765. Notification and submission of the plan of merger; agency
53 assistance. At least one hundred twenty days prior to the effective date
54 of a merger, the constituent local governments shall notify the state
55 division of the budget, the office of the state comptroller, the office
56 of real property services and the commissioner of taxation and finance
S. 6456 15 A. 9556
1 of the scheduled merger, and shall submit to such agencies the plan of
2 merger and any ancillary agreements, contracts or other legally binding
3 agreements. Upon related request, the above named agencies shall provide
4 any information or technical support to the constituent local govern-
5 ments, to the extent available within the agency and not prohibited by
6 any provision of law providing for the confidentiality of such informa-
7 tion, to help effectuate the merger of such local governments.
8 § 766. Effect on village within a local constituent government
9 involved in a merger. Consolidation shall not affect any non-involved
10 village located wholly or partially in a constituent local government
11 involved in a merger.
12 § 2. Subdivision 4 of section 33 of the municipal home rule law is
13 amended by adding a new paragraph f to read as follows:
14 f. Provide for any matter otherwise authorized by law as may be
15 required in order to create, conform or accommodate a county charter due
16 to a merger of local governments within the county pursuant to article
17 seventeen-A of the general municipal law.
18 § 3. Section 2-204 of the village law, as amended by section 25 of
19 part X of chapter 62 of the laws of 2003, is amended to read as follows:
20 § 2-204 Notice of hearing. Within twenty days after the filing of such
21 petition or copies thereof, each supervisor with whom same were filed
22 shall cause to be posted in five public places in that part of such
23 territory located in his town and five public places within the balance
24 of the town and also to be published at least twice in the newspaper or
25 newspapers designated pursuant to subdivision eleven of section sixty-
26 four of the town law, a joint notice of all such supervisors: that a
27 petition for the incorporation of the village of (naming it) has been
28 received; that [at a place in such territory and] on a day, not less
29 than twenty nor more than thirty days after the date of the posting and
30 first publication of such notice, which date and place shall be speci-
31 fied therein, a hearing will be had upon such petition; that such peti-
32 tion will be available for public inspection in the office of each town
33 clerk until the date of such hearing; that the purpose of the hearing is
34 to consider the legal sufficiency of the petition; that objections to
35 the legal sufficiency of the petition must be in writing and signed by
36 one or more of the residents of such town; and that any group of persons
37 having one or more objections in common may make designation in writing
38 and signed by them of at least one but no more than three persons giving
39 the full names and addresses on whom and at which addresses all papers
40 required to be served in connection with the proceeding for incorpo-
41 ration shall be served. A majority of such designees must reside in such
42 town or towns. [In the absence of any other suitable place, such hearing
43 shall be held in a school building, if any, located in such territory.]
44 If such territory is located in more than one town the hearing shall be
45 noticed and publicized as a joint hearing of all such towns. For the
46 purposes of this section, in the event that the town maintains a
47 website, one of the posting requirements required by this section may be
48 fulfilled by posting such information on the town's website.
49 § 4. Section 2-214 of the village law, as amended by section 26 of
50 part X of chapter 62 of the laws of 2003, is amended to read as follows:
51 § 2-214 Notice of election. Within ten days after the right to an
52 election is complete the town clerk of each town in which any portion of
53 such territory is located shall cause to be posted in five public places
54 in that part of such territory located in such town and within five
55 public places within the balance of the town and also to be published at
56 least twice in the newspaper or newspapers designated pursuant to subdi-
S. 6456 16 A. 9556
1 vision eleven of section sixty-four of the town law, a joint notice by
2 the clerks of all such towns that at [a convenient place in such terri-
3 tory] designated polling places, between the hours of twelve o'clock
4 noon and nine o'clock in the evening and on a day not less than twenty
5 nor more than thirty days after the date of the posting and first publi-
6 cation, which date and [place] places shall be specified therein, an
7 election will be held to determine whether the proposed village of
8 (naming it) shall be incorporated. Such election shall not be held on a
9 day of a town election or of a general election in a town in which any
10 part of such territory is located. For the purposes of this section, in
11 the event that the town maintains a website, one of the posting require-
12 ments required by this section may be fulfilled by posting such informa-
13 tion on the town's website.
14 § 5. Section 2-216 of the village law is amended to read as follows:
15 § 2-216 Qualification of voters. Each resident in [such territory] any
16 town in which the territory is located qualified to vote for town offi-
17 cers may vote at such election.
18 § 6. Section 2-218 of the village law is REPEALED.
19 § 7. Section 2-222 of the village law is amended to read as follows:
20 § 2-222 Canvass of election. 1. At the close of the polls and as soon
21 thereafter as the inspectors of election shall have completed their
22 other duties as provided in this chapter and in the applicable
23 provisions of the election law, the inspectors thereat shall publicly
24 canvass and ascertain the vote without adjournment or postponement and
25 upon the completion of the canvass shall make and sign a certificate of
26 the holding of the election and of the canvass showing [for the territo-
27 ry or for each part of each town in the territory and computed separate-
28 ly for each such part, as the case may be,] the whole number of such
29 votes, the number of blank and void ballots, if any, the number for
30 incorporation and the number against incorporation. If a majority of the
31 valid votes cast in [the territory or in each part of each] any town in
32 which the territory [and computed separately for each such part, as the
33 case may be,] is located is for incorporation, the proposed village
34 shall be incorporated as provided in section 2-234 of this article. The
35 inspectors of election shall also and before nine thirty o'clock in the
36 forenoon of the following day file the original of such certificate in
37 the office of the clerk of the town wherein was filed the original of
38 the petition for incorporation and duplicate copies thereof in the
39 offices of the clerks of all other towns in which a portion of such
40 territory is located.
41 2. If the certificate shows that less than a majority of the valid
42 votes cast in any town in which the territory [or in any part of any
43 town in the territory and computed separately for such part, as the case
44 may be,] is located at such election is for incorporation then no
45 proceeding for the incorporation of the same territory shall be
46 commenced within [one year] two years from the date of such election.
47 § 8. Subdivision 1 of section 19-1900 of the village law, as amended
48 by section 34 of part X of chapter 62 of the laws of 2003, is amended to
49 read as follows:
50 1. The board of trustees of any village may, and upon a petition of
51 the electors of the village shall, adopt a plan for dissolution and a
52 resolution submitting a proposition for the dissolution of the village
53 in accordance with the permissive referendum article, except that in
54 determining the date for submission of the proposition pursuant to
55 section 9-912 of this chapter, the date of the public hearing under this
56 article shall be used and not the date that the question is presented. A
S. 6456 17 A. 9556
1 petition to dissolve a village shall be sufficient if signed and
2 acknowledged or proved by qualified electors of such village, in number
3 equal to at least [one-third] ten percent of the total number of resi-
4 dent electors residing in the village, qualified to vote at the last
5 general village or special village election immediately preceding the
6 submission of the proposition in question, and who signed the petition
7 not earlier than one hundred twenty days prior to filing thereof.
8 § 9. Section 19-1902 of the village law, as amended by section 36 of
9 part X of chapter 62 of the laws of 2003, is amended to read as follows:
10 § 19-1902 Public hearing. Prior to the submission of the proposition
11 pursuant to subdivision one of section 19-1900 of this article, the
12 board of trustees shall conduct a public hearing on the proposed dissol-
13 ution of the village, to be held within nine months of the date of the
14 filing of the petition, or of the date of the board of trustees resol-
15 ution on its own motion pursuant to subdivision one of section 19-1900
16 of this article. Notice of the public hearing shall be mailed by certi-
17 fied or registered mail to the supervisor of the town or towns in which
18 the village is situated and notice shall be published at least ten but
19 not more than twenty days before such hearing in the official newspapers
20 of the village and the town or towns.
21 § 10. Section 19-1903 of the village law, as added by section 37 of
22 part X of chapter 62 of the laws of 2003, is amended to read as follows:
23 § 19-1903 Plan for dissolution. The plan for dissolution shall address
24 the following:
25 1. The disposition of property of the village.
26 2. The payment of outstanding obligations and the levy and collection
27 of the necessary taxes and assessments therefor.
28 3. The transfer or elimination of public employees.
29 4. Any agreements entered into with the town or towns in which the
30 village is situated in order to carry out the plan for dissolution.
31 5. [Whether] The period of time in which any local laws, ordinances,
32 rules or regulations of the village in effect on the date of the dissol-
33 ution of the village shall remain in effect [for a period of time other
34 than as provided by section 19-1910 of this article].
35 6. The continuation of village functions or services by the town.
36 7. A fiscal analysis of the effect of dissolution on the village and
37 the area of the town or towns outside of the village.
38 8. Any other matters desirable or necessary to carry out the dissol-
39 ution.
40 9. A written agreement with the town or towns within whose territorial
41 jurisdiction the village is situated shall be required for any item in
42 the dissolution plan which does not conform to sections 19-1910,
43 19-1912, 19-1914 and 19-1916 of this article.
44 § 11. This act shall take effect immediately and shall be deemed to
45 have been in full force and effect on and after April 1, 2006.
46 PART B
47 Section 1. Sections 54 and 54-c of the state finance law are REPEALED
48 and a new section 54 is added to read as follows:
49 § 54. Aid and incentives for municipalities. 1. Definitions. When
50 used in this section, unless otherwise expressly stated:
51 a. "Aid and incentives for municipali" means the total of all aid
52 payable to municipalities pursuant to this section except for grants
53 payable pursuant to subdivisions ten and eleven of this section.
S. 6456 18 A. 9556
1 b. "Average full valuation per capita for ci" means the sum of the
2 full valuation for cities divided by the sum of the population of the
3 cities. Cities for this purpose shall include all cities with a popu-
4 lation below one hundred twenty-five thousand.
5 c. "Base level g" means:
6 (i) for state fiscal year commencing April first, two thousand six,
7 the total amount of aid a municipality, other than a school district and
8 the counties of Essex, Hamilton and Franklin, received in the state
9 fiscal year commencing April first, two thousand five, under the aid and
10 incentives for municipalities program in effect at that time and appro-
11 priated in chapter fifty of the laws of two thousand five, as amended,
12 which constitutes the public protection and general government budget
13 bill.
14 (ii) for state fiscal year commencing April first, two thousand seven
15 and in each state fiscal year thereafter, the base level grant received
16 in the immediately preceding state fiscal year plus any additional
17 apportionments and fiscal performance awards, if applicable, received in
18 such year pursuant to subdivisions three and five of this section.
19 d. "City expenditure am" means expenditures, other than capital
20 expenditures and the total amount of expenditures in support of a school
21 district, supported by funds of the city that are derived from any
22 source except city user fees and any funds derived from federal, state
23 or private sources.
24 e. "Chief elected offi" means a mayor of a city.
25 f. "Consumer price i" means the average of the national consumer
26 price index for all urban consumers (CPI-U) determined by the United
27 States department of labor.
28 g. "Director of the bu" means the director of the New York state
29 division of the budget.
30 h. "Full valua" means:
31 (i) for purposes of determining additional annual apportionments
32 pursuant to subdivision three of this section, "full valuation for taxa-
33 ble purposes" as reported in the state comptroller's special report on
34 local government finances for New York state for local fiscal years
35 ended in two thousand three;
36 (ii) for purposes of determining additional annual apportionments and
37 fiscal performance awards pursuant to subdivision five of this section,
38 "full valuation for taxable purposes" as reported in the most recent
39 state comptroller's special report on local government finances for New
40 York state.
41 i. "Full valuation per ca" means the full valuation of a city
42 divided by the population of such city.
43 j. "Municipa" means a city, county, town or village.
44 k. "Popula" means population data based upon the most recent
45 federal decennial census.
46 l. "President of the civil service commis" means the president of
47 the New York state civil service commission.
48 m. "Secretary of s" means the secretary of state of the state of
49 New York.
50 n. "State comptro" means the comptroller of the state of New York.
51 2. Base level grants. Within amounts appropriated in the state fiscal
52 year commencing April first, two thousand six and in each state fiscal
53 year thereafter there shall be apportioned and paid to municipalities a
54 base level grant as defined in paragraph c of subdivision one of this
55 section.
S. 6456 19 A. 9556
1 3. Additional annual apportionments beginning in state fiscal year
2 commencing April first, two thousand six. Within amounts appropriated in
3 the state fiscal year commencing April first, two thousand six, certain
4 cities, towns and villages shall be eligible to receive additional aid
5 and incentives for municipalities apportioned as follows:
6 a. Any city with a population of less than one million but greater
7 than or equal to one hundred twenty-five thousand shall be eligible to
8 receive an additional annual apportionment equal to eleven percent of
9 such city's base level grant in the state fiscal year commencing April
10 first, two thousand six, and in each state fiscal year thereafter.
11 b. Any city with a population of less than one hundred twenty-five
12 thousand with a full valuation per capita less than seventy-five percent
13 of the average full valuation per capita for cities, shall be eligible
14 to receive an additional annual apportionment equal to eleven percent of
15 such city's base level grant in the state fiscal year commencing April
16 first, two thousand six, and in each state fiscal year thereafter.
17 c. Any city with a population of less than one hundred twenty-five
18 thousand with a full valuation per capita equal to or greater than
19 seventy-five percent but less than one hundred and twenty-five percent
20 of the average full valuation per capita for cities, shall be eligible
21 to receive an additional annual apportionment equal to six and one-half
22 percent of such city's base level grant in the state fiscal year
23 commencing April first, two thousand six, and in each state fiscal year
24 thereafter.
25 d. Any city with a population of less than one hundred twenty-five
26 thousand with a full valuation per capita equal to or greater than one
27 hundred and twenty-five percent of the average full valuation per capita
28 for cities, shall be eligible to receive an additional annual apportion-
29 ment equal to three and one-quarter percent of such city's base level
30 grant in the state fiscal year commencing April first, two thousand six,
31 and in each state fiscal year thereafter.
32 e. All towns and villages shall be eligible to receive an additional
33 annual apportionment equal to three and one-quarter percent of such
34 town's and village's base level grant in the state fiscal year commenc-
35 ing April first, two thousand six, and in each state fiscal year there-
36 after.
37 f. Notwithstanding paragraph e of this subdivision, each town and
38 village shall receive no less than a one hundred dollar increase in the
39 state fiscal year commencing April first, two thousand six.
40 4. Conditions applicable to cities beginning in state fiscal year
41 commencing April first, two thousand six and in each state fiscal year
42 thereafter. As a condition of receiving an additional annual apportion-
43 ment pursuant to subdivision three of this section and a fiscal perform-
44 ance award pursuant to paragraph b of subdivision five of this section,
45 if applicable, each city except for a city subject to a control period
46 under a state imposed fiscal stability authority shall:
47 a. Develop a multi-year financial plan that includes, at a minimum;
48 projected employment levels; projected annual expenditures for personal
49 service, fringe benefits, non-personal services and debt service; appro-
50 priate reserve fund amounts; estimated annual revenues including projec-
51 tion of property tax rates, the value of the taxable real property and
52 resulting tax levy, annual growth in sales tax and non-property tax
53 revenues; and the proposed use of one-time revenue sources except such
54 multi-year financial plan shall not apply to a city subject to a differ-
55 ent financial plan reporting requirement pursuant to state law. Such
56 multi-year financial plan shall consist of, at a minimum, three fiscal
S. 6456 20 A. 9556
1 years including the current budget fiscal year and the subsequent two
2 fiscal years.
3 b. Use the additional annual apportionments and fiscal performance
4 awards for real property tax relief as follows:
5 (i) To reduce the property tax levy from the previous year;
6 (ii) To address projected budget gaps identified in the city's multi-
7 year financial plan; or
8 (iii) To support investments in efficiency and productivity initi-
9 atives that result in net recurring savings for purposes of real proper-
10 ty tax relief beginning in the current fiscal year or immediately
11 succeeding fiscal year. Such additional annual apportionments and
12 fiscal performance awards shall not be used to support additional
13 employee salary or benefit expenditures resulting from collective
14 bargaining or other agreements entered into on or after April first, two
15 thousand six, unless the additional expenditures result in net recurring
16 savings when combined with other changes in such agreements. Provided,
17 further, if additional annual apportionments for the state fiscal year
18 commencing April first, two thousand six are enacted into law after the
19 adoption of a city's budget for the fiscal year beginning in two thou-
20 sand six and cannot be used for such purposes in the city's current
21 fiscal year, the additional annual apportionments shall be placed in
22 reserve and used for such real property tax relief purposes in the
23 following city fiscal year.
24 c. Seek cost saving efficiencies through shared services arrangements,
25 consolidations or mergers with other municipalities and document such
26 efforts as part of the city's multi-year financial plan, pursuant to
27 paragraph a of this subdivision.
28 5. Additional annual apportionments and fiscal performance awards
29 beginning in state fiscal year commencing April first, two thousand
30 seven. a. Minimum additional annual apportionments. Within amounts
31 appropriated therefor, beginning in the state fiscal year commencing
32 April first, two thousand seven and in each state fiscal year thereaft-
33 er, all cities with a population of less than one million, all towns and
34 all villages shall be eligible to receive an additional annual appor-
35 tionment equal to two and one-half percent of such municipality's base
36 level grant.
37 b. Fiscal performance awards for certain cities. Within amounts appro-
38 priated therefor, beginning in the state fiscal year commencing April
39 first, two thousand seven and in each state fiscal year thereafter,
40 certain cities shall be eligible to receive additional aid and incen-
41 tives for municipalities apportioned as follows:
42 (i) Upon submission of a fiscal performance report in accordance with
43 subdivision six of this section, any city with a population of less than
44 one million but greater than or equal to one hundred twenty-five thou-
45 sand shall be eligible to receive a fiscal performance award equal to
46 seven and one-half percent of such city's base level grant in addition
47 to the minimum additional annual apportionment pursuant to paragraph a
48 of this subdivision.
49 (ii) Upon submission of a fiscal performance report in accordance with
50 subdivision six of this section, any city with a population of less than
51 one hundred twenty-five thousand with a full valuation per capita less
52 than seventy-five percent of the average full valuation per capita for
53 cities shall be eligible to receive a fiscal performance award equal to
54 seven and one-half percent of such city's base level grant in addition
55 to the minimum additional annual apportionment pursuant to paragraph a
56 of this subdivision.
S. 6456 21 A. 9556
1 (iii) Upon submission of a fiscal performance report in accordance
2 with subdivision six of this section, any city with a population of less
3 than one hundred twenty-five thousand with a full valuation per capita
4 equal to or greater than seventy-five percent but less than one hundred
5 and twenty-five percent of the average full valuation per capita for
6 cities shall be eligible to receive a fiscal performance award equal to
7 five percent of such city's base level grant in addition to the minimum
8 additional annual apportionment pursuant to paragraph a of this subdivi-
9 sion.
10 6. Fiscal performance reports. a. Prior to any city receiving a fiscal
11 performance award pursuant to paragraph b of subdivision five of this
12 section in the state fiscal year commencing April first, two thousand
13 seven and in each state fiscal year thereafter, an eligible city must
14 first submit a fiscal performance report to the director of the budget
15 and the state comptroller.
16 b. Such fiscal performance report must be received by the director of
17 the budget and the state comptroller on or before September fifteenth
18 for cities with fiscal years beginning January first and on or before
19 December fifteenth for all other cities.
20 c. To qualify for a fiscal performance award pursuant to paragraph b
21 of subdivision five of this section, such fiscal performance report must
22 document that the city has reduced the real property tax burden in the
23 current city fiscal year by the following means:
24 (i) Limiting growth in the city expenditure amount in the adopted city
25 budget to no more than the city expenditure amount for the prior city
26 fiscal year by a percentage that exceeds the lesser of (1) four percent,
27 or (2) the result obtained when one hundred twenty percent is multiplied
28 by the percentage increase in the consumer price index over the twelve
29 month period preceding January first of the calendar year in which the
30 current city fiscal year commences, with the result rounded to two deci-
31 mal places;
32 (ii) Implementing new cost saving efficiencies including, but not
33 limited to, shared service arrangements, consolidations or mergers with
34 other municipalities; and
35 (iii) Providing employee health care benefits at an annual cost equal
36 to or less than the state's per employee cost of providing health care
37 benefits to its employees, as determined by the president of the civil
38 service commission and made available to cities by the director of the
39 budget. Such requirement shall apply to employees covered under collec-
40 tive bargaining agreements entered into on or after April first, two
41 thousand six.
42 d. Such fiscal performance report must contain the multi-year finan-
43 cial plan prepared in accordance with subdivision four of this section
44 unless a city is subject to a different financial plan reporting
45 requirement pursuant to state law.
46 e. Prior to any payment of a fiscal performance award pursuant to
47 paragraph b of subdivision five of this section in the state fiscal year
48 commencing April first, two thousand seven and in each state fiscal year
49 thereafter, the director of the budget must determine that the city has
50 submitted a complete fiscal performance report consistent with para-
51 graphs b, c and d of this subdivision.
52 f. Such fiscal performance reports shall be subject to audit by the
53 state comptroller. The state comptroller shall audit at least one-third
54 of all fiscal performance reports received in a year. If the state comp-
55 troller finds that a fiscal performance report does not comply with the
56 requirements of this subdivision due to inaccurate reporting or for
S. 6456 22 A. 9556
1 other reasons, he or she shall notify the city and the director of the
2 budget of such finding. A fiscal performance award shall not be paid to
3 a city subject to such finding in the event such notice is provided
4 prior to the scheduled payment date of such fiscal performance award. In
5 the event such notice is provided after payment of a fiscal performance
6 award, the director of the budget shall be authorized to direct the
7 state comptroller to withhold from any local assistance state aid paya-
8 ble to such city up to the amount of such fiscal performance award.
9 7. Certification requirements for cities that receive additional annu-
10 al apportionments. a. In the event of a failure to provide the certif-
11 ication required pursuant to paragraph f of subdivision ten of former
12 section fifty-four of this article as such paragraph read on the day
13 immediately preceding the date on which this subdivision became law, the
14 director of the budget shall be authorized to direct the state comp-
15 troller to withhold any local assistance state aid payable to such city
16 on or after April first, two thousand six up to the amount of such addi-
17 tional annual apportionment paid pursuant to such law until such certif-
18 ication is provided.
19 b. On or before March thirty-first, two thousand seven, the chief
20 elected official of each city receiving additional annual apportionments
21 pursuant to subdivision three of this section, shall submit written
22 certification to the director of the budget that such city has complied
23 with the conditions pursuant to subdivision four of this section. In the
24 event of a failure to provide such certification, the director of the
25 budget shall be authorized to direct the state comptroller to withhold
26 any local assistance state aid payable to such city on or after April
27 first, two thousand seven up to the combined total of (i) the amount of
28 such additional annual apportionment and (ii) the amount of the addi-
29 tional annual apportionment paid to such city in state fiscal year
30 commencing April first, two thousand five under the aid and incentive
31 for municipalities program in effect at that time, until such certif-
32 ication is provided.
33 c. On or before March thirty-first, two thousand eight and on or
34 before March thirty-first in each state fiscal year thereafter, the
35 chief elected official of each city receiving additional annual appor-
36 tionments pursuant to subdivision three and a fiscal performance award
37 pursuant to paragraph b of subdivision five of this section, if applica-
38 ble, shall submit written certification to the director of the budget
39 that such city has complied with the conditions pursuant to subdivision
40 four of this section. In the event of a failure to provide such certif-
41 ication, the director of the budget shall be authorized to direct the
42 state comptroller to withhold any local assistance state aid payable to
43 such city on or after April first, two thousand eight up to the combined
44 total of (i) the amount of such additional annual apportionment paid
45 pursuant to subdivision three of this section, (ii) the amount of the
46 additional annual apportionment paid to such city in state fiscal year
47 commencing April first, two thousand five under the aid and incentive
48 for municipalities program in effect at that time, and (iii) the
49 combined total of fiscal performance awards granted pursuant to subdivi-
50 sion five of this section, if applicable, until such certification is
51 provided.
52 8. Payments. a. In the state fiscal year commencing April first, two
53 thousand six and in each state fiscal year thereafter, base level grants
54 shall be paid in the same "on or before month and" manner as:
55 (i) paid in the state fiscal year commencing April first, two thousand
56 five under the aid and incentives for municipalities program in effect
S. 6456 23 A. 9556
1 at that time and appropriated in chapter fifty of the laws of two thou-
2 sand five, as amended, which constitutes the public protection and
3 general government budget bill;
4 (ii) set forth in part R of chapter fifty-six of the laws of two thou-
5 sand four relating to unrestricted aid to certain cities; or
6 (iii) set forth in chapter one hundred twelve of the laws of two thou-
7 sand five relating to payments of aid to the city of Rochester.
8 b. Notwithstanding paragraph a of this subdivision, in the state
9 fiscal year commencing April first, two thousand six and in each state
10 fiscal year thereafter, two hundred thousand dollars of aid and incen-
11 tives for municipalities otherwise due and payable on or before the
12 thirty-first day of March shall be paid to the city of Rensselaer on or
13 before the thirtieth day of June. Such acceleration of aid shall only be
14 paid after the city of Rensselaer submits a multi-year financial plan to
15 the director of the budget that clearly identifies the acceleration as a
16 non-recurring source of revenue and includes feasible approaches for
17 replacing such non-recurring revenue with recurring revenue or recurring
18 savings in future years.
19 c. Notwithstanding paragraph a of this subdivision, in the state
20 fiscal year commencing April first, two thousand six and in each state
21 fiscal year thereafter, each town shall receive its base level grant on
22 or before the twenty-fifth day of September.
23 d. Additional annual apportionments and fiscal performance awards for
24 cities. In the state fiscal year commencing April first, two thousand
25 six and in each state fiscal year thereafter, additional annual appor-
26 tionments and fiscal performance awards for cities shall be paid on or
27 before December fifteenth for cities with fiscal years beginning January
28 first and on or before March fifteenth for all other cities.
29 e. Additional annual apportionments for towns and villages. In the
30 state fiscal year commencing April first, two thousand six and in each
31 state fiscal year thereafter, additional annual apportionments for towns
32 and villages shall be paid in the same "on or before month and "
33 manner as their base level grants.
34 f. Aid and incentives for municipalities shall be apportioned and paid
35 to the chief fiscal officer of each locality on audit and warrant of the
36 state comptroller out of moneys appropriated by the legislature for such
37 purpose to the credit of the local assistance fund in the general fund
38 of the state treasury. Any city, including cities with a population of
39 one million or more, town or village receiving aid and incentives for
40 municipalities pursuant to this section shall use such aid only for
41 general municipal purposes except as provided in paragraphs g and h of
42 this subdivision.
43 g. Amounts payable to any city having a population of less than
44 fifty-five thousand but more than fifty-four thousand according to the
45 federal decennial census of nineteen hundred ninety shall be apportioned
46 and paid to the special account for the municipal assistance corporation
47 for the city of Troy in the municipal assistance state aid fund pursuant
48 to section ninety-two-e of this chapter and chapters one hundred eight-
49 y-seven and one hundred eighty-eight of the laws of nineteen hundred
50 ninety-five.
51 h. The base level grant payable to the city of New York shall be
52 apportioned and paid as required as follows:
53 (i) Any amounts required to be paid to the city university
54 construction fund pursuant to the city university construction fund act;
S. 6456 24 A. 9556
1 (ii) Any amounts required to be paid to the New York city housing
2 development corporation pursuant to the New York city housing develop-
3 ment corporation act;
4 (iii) Five hundred thousand dollars to the chief fiscal officer of the
5 city of New York for payment to the trustees of the police pension fund
6 of such city;
7 (iv) Eighty million dollars to the special account for the municipal
8 assistance corporation for the city of New York in the municipal assist-
9 ance tax fund created pursuant to section ninety-two-d of this chapter
10 to the extent that such amount has been included by the municipal
11 assistance corporation for the city of New York in any computation for
12 the issuance of bonds on a parity with outstanding bonds pursuant to a
13 contract with the holders of such bonds prior to the issuance of any
14 other bonds secured by payments from the municipal assistance corpo-
15 ration for the city of New York in the municipal assistance state aid
16 fund created pursuant to section ninety-two-e of this chapter;
17 (v) The balance of the special account for the municipal assistance
18 corporation for the city of New York in the municipal assistance state
19 aid fund created pursuant to section ninety-two-e of this chapter;
20 (vi) Any amounts to be refunded to the general fund of the state of
21 New York pursuant to the annual appropriation enacted for the municipal
22 assistance state aid fund;
23 (vii) To the state of New York municipal bond bank agency to the
24 extent provided by section twenty-four hundred thirty-six of the public
25 authorities law;
26 (viii) To the transit construction fund to the extent provided by
27 section twelve hundred twenty-five-i of the public authorities law, and
28 thereafter to the city of New York; and
29 (ix) Notwithstanding any other law to the contrary, the base level
30 grant paid to any city with a population of one million or more on or
31 before December twenty-fifth shall be for an entitlement period ending
32 the immediately preceding June thirtieth.
33 i. Additional annual apportionments and fiscal performance awards
34 pursuant to subdivisions three and five of this section shall not be
35 considered state aid pursuant to title two of article ten-D of the
36 public authorities law for any eligible city subject to a control period
37 under a state imposed fiscal stability authority. Such additional annual
38 apportionments and fiscal performance awards, if applicable, shall be
39 paid to such authority for distribution to such city to reduce the real
40 property tax burden, within the context of an authority-approved four
41 year financial plan. Any funds not used for such purposes shall be held
42 by the authority for use by the city for initiatives to permanently
43 reduce or minimize the cost of city government.
44 9. Consolidations, mergers, or dissolutions; entitlement to aid and
45 incentives for municipalities. a. In the case where any city, town, or
46 village consolidates, merges or dissolves, and the resulting successor
47 government has filed with the office of the state comptroller a certif-
48 icate of any such consolidation, merger, or dissolution, such successor
49 government shall be entitled to receive all payments of aid and incen-
50 tives for municipalities which, pursuant to subdivisions two, three and
51 five of this section, would have been otherwise payable to the individ-
52 ual cities, towns, or villages that were party to such consolidation,
53 merger, or dissolution.
54 b. The annual amount of such payments of aid and incentives for muni-
55 cipalities, as defined in subdivision one of this section, that any
56 city, town, or village in which a municipality has consolidated, merged,
S. 6456 25 A. 9556
1 or dissolved shall be eligible to receive on the date such city, town,
2 or village is consolidated, merged, or dissolved shall continue to be
3 paid pursuant to subdivisions two, three and five of this section for
4 every state fiscal year following the date of such consolidation, merg-
5 er, or dissolution. In instances where only a portion of a city, town,
6 or village is party to a consolidation, merger, or dissolution, aid and
7 incentives for municipalities payable to the resulting successor govern-
8 ment shall include only a pro rata share of the aid otherwise due and
9 payable to such city, town, or village. Such pro rata share shall be
10 based on a ratio of the two thousand federal decennial census population
11 of the portion consolidated, merged, or dissolved as compared to the
12 total two thousand federal decennial census population of the city,
13 town, or village party to such consolidation, merger, or dissolution.
14 10. Shared municipal services incentive awards applicable to state
15 fiscal year commencing April first, two thousand five. a. Within the
16 amounts appropriated in chapter sixty-two of the laws of two thousand
17 five therefor, the secretary of state may award competitive grants to
18 two or more municipalities to cover costs associated with mergers,
19 consolidations, cooperative agreements, dissolutions and shared services
20 of municipalities where authorized by state law.
21 b. For the purposes of this subdivision, "municipali" shall mean
22 counties, cities, towns, villages and school districts.
23 c. Such grants may be used to cover the costs associated with consol-
24 idations, dissolutions, cooperative agreements and shared services of
25 municipalities, including, but not limited to, legal and consultant
26 services, feasibility studies, capital improvements and other necessary
27 expenses.
28 d. The maximum grant awarded shall not exceed one hundred thousand
29 dollars per municipality.
30 e. Local matching funds, equal to ten percent of the total approved
31 project cost, shall be required.
32 f. No part of the grant shall be used by the applicant for recurring
33 expenses such as salaries.
34 g. The secretary of state shall, prior to the acceptance of grant
35 applications, adopt rules and regulations to establish eligibility
36 requirements, application forms and procedures, criteria of review and
37 grant approval guidelines.
38 11. Shared municipal services incentive program beginning in state
39 fiscal year commencing April first, two thousand six. a. Shared munici-
40 pal services incentive awards. Within the annual amounts appropriated
41 therefor in state fiscal year commencing April first, two thousand six
42 and in each state fiscal year thereafter, the secretary of state may
43 award competitive grants to two or more municipalities to cover costs
44 associated with consolidations, mergers, dissolutions, cooperative
45 agreements, and shared services of municipalities where authorized by
46 state law.
47 (i) For the purposes of this subdivision, "municipali" shall mean
48 counties, cities, towns, villages, special improvement districts, fire
49 districts, fire alarm districts, fire protection districts and school
50 districts.
51 (ii) Such grants may be used to cover the costs associated with
52 consolidations, mergers, dissolutions, cooperative agreements and shared
53 services of municipalities, including, but not limited to, legal and
54 consultant services, feasibility studies, capital improvements, and
55 other necessary expenses.
S. 6456 26 A. 9556
1 (iii) The maximum grant awarded pursuant to this paragraph shall not
2 exceed two hundred thousand dollars per municipality.
3 b. Shared highway services incentive awards. Within the annual amounts
4 appropriated therefor in state fiscal year commencing April first, two
5 thousand six and in each state fiscal year thereafter, the secretary of
6 state, in consultation with the commissioner of transportation, may
7 award competitive grants to two or more municipalities to cover the
8 costs associated with, but not limited to, joint highway equipment
9 purchases, capital improvements that benefit two or more municipal high-
10 way departments, contractual services between two or more municipal
11 highway departments or for the consolidation of two or more municipal
12 highway departments. The maximum grant awarded pursuant to this para-
13 graph shall not exceed three hundred thousand dollars per municipality.
14 c. Local health insurance incentive awards. Within the annual amounts
15 appropriated therefor in state fiscal year commencing April first, two
16 thousand six and in each state fiscal year thereafter, the secretary of
17 state, in consultation with the commissioner of civil service, may award
18 competitive grants to support local health insurance savings initi-
19 atives. The maximum grant awarded pursuant to this paragraph shall not
20 exceed five hundred thousand dollars per municipality. Such grants may
21 be used:
22 (i) to support costs associated with the creation of local health
23 insurance consortiums under which two or more municipalities seek cost
24 savings by pooling health insurance risk and ensuring reasonable employ-
25 ee cost sharing;
26 (ii) to match savings achieved by a municipality by joining the New
27 York state health insurance program; or
28 (iii) to provide incentive funding to individual municipalities to
29 facilitate local collective bargaining agreements that promote reason-
30 able employee sharing in the cost of health insurance premiums.
31 d. Countywide shared services incentive awards. Within the annual
32 amounts appropriated therefor in state fiscal year commencing April
33 first, two thousand six and in each state fiscal year thereafter, the
34 secretary of state may award a competitive grant to a county that devel-
35 ops a countywide shared services plan under which at least fifty percent
36 of the total number of cities, towns, villages and school districts in
37 such county agree to participate. Special improvement districts, fire
38 districts, fire alarm districts and fire protection districts shall also
39 be encouraged by the county to participate in such plan. Such countywide
40 shared services plans shall identify estimated local savings as well as
41 the respective responsibilities of participating municipalities in shar-
42 ing services including but not limited to, public safety, purchasing,
43 payroll, and real property tax assessment. The maximum grant awarded
44 pursuant to this paragraph shall not exceed three hundred thousand
45 dollars.
46 e. Local consolidation incentive awards. Within the annual amounts
47 appropriated therefor in state fiscal year commencing April first, two
48 thousand six and in each state fiscal year thereafter, the secretary of
49 state may award one-time incentive grants of up to one million dollars
50 to match up to two years of local savings resulting from the consol-
51 idation or merger of two or more municipalities. Final payment of such
52 grants shall not be made until such savings are demonstrated by the
53 consolidated or merged municipality. Such grants may be used for
54 purposes including, but not limited to, offsetting one-time costs asso-
55 ciated with such consolidation or mergers and investing in efficiency
S. 6456 27 A. 9556
1 and productivity initiatives that result in net recurring savings used
2 to provide property tax relief.
3 f. Local matching funds, equal to ten percent of the total approved
4 project or initiative cost shall be required for awards granted under
5 paragraphs a, b and d of this subdivision.
6 g. No part of the grant awarded pursuant to paragraphs a, b and d of
7 this subdivision shall be used by the applicant for recurring expenses
8 such as salaries.
9 h. The secretary of state shall, prior to the acceptance of grant
10 applications, establish eligibility requirements, application forms and
11 procedures, criteria of review and grant approval guidelines.
12 § 2. Subdivisions 7 and 8 of section 150 of the executive law, as
13 added by chapter 464 of the laws of 1975, are amended and a new subdivi-
14 sion 9 is added to read as follows:
15 7. A common data base developed by the official state planning agency
16 in conjunction with planning efforts at all levels of government is
17 essential to effective planning; [and]
18 8. State planning and development policies should promote planning
19 programs among state agencies and between levels of government that
20 maximize environmental and economic benefits to the localities[.]; and
21 9. The promotion of enhanced cooperation and merger of municipalities
22 by facilitating the development of a statewide database of existing
23 shared service agreements and the provision of technical assistance
24 relating to consolidations, mergers, dissolutions, cooperative agree-
25 ments and shared services for municipalities.
26 § 3. Section 153 of the executive law is amended by adding a new
27 subdivision 4 to read as follows:
28 4. To contract with academic institutions located in the state to:
29 (a) develop and maintain a statewide database of shared services agree-
30 ments between municipalities; and
31 (b) provide technical assistance relating to consolidations, mergers,
32 dissolutions, cooperative agreements and shared services for munici-
33 palities.
34 § 4. This act shall take effect immediately and shall be deemed to
35 have been in full force and effect on and after April 1, 2006.
36 PART C
37 Section 1. The opening paragraph and clause b of subparagraph (v), and
38 subparagraph (vi) of paragraph (c) of subdivision 4 of section 209 of
39 the civil service law, the opening paragraph and clause b of subpara-
40 graph (v) as amended by chapter 216 of the laws of 1977 and subparagraph
41 (vi) as amended by chapter 205 of the laws of 1997, are amended to read
42 as follows:
43 the public arbitration panel shall make a just and reasonable determi-
44 nation of the matters in dispute. In arriving at such determination, the
45 panel shall consider, above all other factors, the financial ability of
46 the public employer to pay. The public employer's ability to pay shall
47 be defined as existing fiscal capacity without resort to either new or
48 increased taxation including, but not limited to, the level of taxation
49 in the political subdivision compared to similar political subdivisions
50 in other areas of the state, the tax base, any evidence of economic
51 decline and any other applicable measures of fiscal distress, or
52 extraordinary reductions in other governmental expenditures. The arbi-
53 tration panel shall also consider the competing financial obligations of
54 the public employer which may be affected by such determination and
S. 6456 28 A. 9556
1 specifically the impact of any such determination on ongoing negoti-
2 ations or successor negotiations with employee organizations represent-
3 ing other employees of the public employer. In the case of members of
4 any organized unit of troopers, commissioned or non-commissioned offi-
5 cers of the division of state police, or in regard to investigators,
6 senior investigators and investigator specialists of the division of
7 state police, the arbitration panel shall, in addition to the above
8 factors in this paragraph, consider above all other factors, the overall
9 fiscal environment of the state and shall give substantial consideration
10 to the state's ability to pay without contributing to a budget deficit
11 in current or future fiscal years. The arbitration panel shall specify
12 its rationale in the determination, including the consideration of such
13 ability of the public employer to pay without resorting to new or
14 increased taxation. The panel shall specify the basis for its findings,
15 taking into secondary consideration, in addition to any other relevant
16 factors, the following:
17 b. the interests and welfare of the public [and the financial ability
18 of the public employer to pay];
19 (vi) the determination of the public arbitration panel shall be final
20 and binding upon the parties for the period prescribed by the panel, but
21 in no event shall such period exceed two years from the termination date
22 of any previous collective bargaining agreement or if there is no previ-
23 ous collective bargaining agreement then for a period not to exceed two
24 years from the date of determination by the panel. Such determination
25 shall not be subject to the approval of any local legislative body or
26 other municipal authority. Notwithstanding the provisions of this
27 subparagraph to the contrary, where the parties to [a] the public arbi-
28 tration are those [anticipated by the provisions of paragraph (e) of
29 this subdivision as established by chapter four hundred thirty-two of
30 the laws of nineteen hundred ninety-five, such parties may agree to
31 confer authority to the public arbitration panel] parties which became
32 subject to this subdivision by virtue of chapter six hundred forty-one
33 of the laws of nineteen hundred ninety-eight, the public arbitration
34 panel shall have the authority to issue a final and binding determi-
35 nation for a period up to and including four years.
36 § 2. Section 101 of the general municipal law is REPEALED.
37 § 3. The opening paragraph of paragraph (e) of subdivision 4 of
38 section 120-w of the general municipal law, as amended by chapter 552 of
39 the laws of 1980, is amended to read as follows:
40 It is the intent of the legislature that overall cost should in all
41 cases be a major criterion in the selection of contractors for award of
42 contracts pursuant to this section and that, wherever practical, such
43 contracts which include construction work should be procured through
44 competitive bidding procedures as prescribed by [sections one hundred
45 one and] section one hundred three of this chapter. It is further the
46 intent of the legislature to acknowledge the highly complex and innova-
47 tive nature of resource recovery technology for processing mixed solid
48 waste, the relative newness of the variety of resource recovery systems
49 now available, the desirability of a single point of responsibility for
50 the development of facilities and the economic and technical utility of
51 contracts for resource recovery projects which include in their scope
52 various combinations of design, construction, operation, management
53 and/or maintenance responsibilities over prolonged periods of time and
54 that in some instances it may be beneficial to the municipality to award
55 a contract on the basis of factors other than cost alone, including but
56 not limited to facility design, system reliability, energy efficiency,
S. 6456 29 A. 9556
1 compatibility with source separation and other recycling systems and
2 environmental protection. Accordingly, and notwithstanding the
3 provisions of any general, special or local law or charter, a contract
4 entered into between a municipality and any person pursuant to this
5 section may be awarded pursuant to public bidding in compliance with
6 [sections one hundred one and] section one hundred three of this chapter
7 or pursuant to the following provisions for the award of a contract
8 based on evaluation of proposals submitted in response to a request for
9 proposals prepared by or for the municipality:
10 § 4. Subdivision 7 of section 120-w of the general municipal law, as
11 added by chapter 552 of the laws of 1980, is amended to read as follows:
12 7. Every contract entered into between a municipality and a project
13 developer pursuant to the provisions of subparagraph four of paragraph
14 (e) of subdivision four of this section, for construction of a solid
15 waste management-resource recovery building by the project developer,
16 shall contain provisions that such building shall be constructed through
17 construction contracts awarded through public competitive bidding in
18 accordance with paragraphs (a) through [(g)] (f) of this subdivision;
19 that the project developer shall furnish a bond guaranteeing prompt
20 payment of moneys that are due to all persons furnishing labor and mate-
21 rials pursuant to the requirements of such construction contracts, and
22 that a copy of such payment bond shall be kept by the municipality and
23 shall be open to public inspection; provided, however, that the require-
24 ments of this subdivision shall not apply when the cost of such
25 construction is less than five thousand dollars.
26 (a) The project developer shall advertise for bids for such
27 construction contracts in a daily newspaper having general circulation
28 in the county in which such public solid waste management-resource
29 recovery building is to be located. Such advertisement shall contain a
30 statement of the time when and place where all bids received pursuant to
31 such notice will be publicly opened and read. An employee of the munici-
32 pality shall be designated to open the bids at the time and place speci-
33 fied in the notice. All bids received shall be publicly opened and read
34 at the time and place so specified. At least five days shall elapse
35 between the publication of such advertisement and date on which the bids
36 are opened.
37 (b) [When the entire cost of constructing such building shall exceed
38 fifty thousand dollars, the project developer shall prepare separate
39 specifications for the following subdivisions of such work, so as to
40 permit separate and independent bidding upon each subdivision:
41 (i) plumbing and gas fittings;
42 (ii) steam heating, hot water heating, ventilating and air condition-
43 ing apparatus; and
44 (iii) electric wiring and standard illuminating fixtures.
45 (c) After public competitive bidding the project developer shall award
46 one or more separate contracts for each of the above subdivisions of
47 such work, whenever separate specifications are required pursuant to
48 paragraph (b) of this subdivision, and one or more contracts for the
49 remainder of such work. The project developer may award such contracts
50 at different times.] Contracts awarded pursuant to this [paragraph]
51 subdivision shall be awarded by the project developer to the lowest
52 responsible and responsive bidder and shall be contracts of the project
53 developer and not of the municipality which shall have no obligation or
54 liabilities, whatsoever, thereunder. The project developer shall have
55 the responsibility for the supervision, coordination, and termination of
S. 6456 30 A. 9556
1 such contracts, unless otherwise specified in contractual terms between
2 the project developer and the municipality.
3 [(d)] (c) In determining whether a prospective contractor is responsi-
4 ble and responsive, the project developer may require that prospective
5 contractors:
6 (i) have adequate financial resources or the ability to obtain such
7 resources;
8 (ii) be able to comply with the required or proposed delivery or
9 performance schedule;
10 (iii) have a satisfactory record of performance;
11 (iv) have the necessary organization, experience, operational
12 controls, and technical skills, or the ability to obtain them;
13 (v) have the necessary production, construction and technical equip-
14 ment and facilities, or the ability to obtain them;
15 (vi) be eligible to receive an award under applicable laws and regu-
16 lations and be otherwise qualified.
17 [(e)] (d) The project developer may reject any bid of a bidder which
18 the project developer determines to be nonresponsible or nonresponsive
19 to the advertisement for bids.
20 [(f)] (e) The project developer may, in its discretion, reject all
21 bids, and may revise bid specifications and may readvertise for bids as
22 provided herein.
23 [(g)] (f) Only as used in this subdivision:
24 (i) "project devel" means any private corporation, partnership, or
25 individual or combination thereof which has submitted a proposal in
26 response to a request for proposals issued pursuant to subparagraph two
27 of paragraph (e) of subdivision four of this section;
28 "construction" shall include reconstruction, rehabilitation or
29 improvement;
30 (iii) "solid waste management-resource recovery building" means a
31 building of a solid waste management-resource recovery facility. Such
32 building shall not include the system to be used for the purposes of
33 receiving, processing, handling or storing solid waste, the products and
34 by-products derived therefrom, or materials used in such processing or
35 handling and any equipment or property involving proprietary or trade
36 secrets.
37 § 5. Subdivision 2 of section 99-q of the general municipal law, as
38 added by chapter 825 of the laws of 1987, is amended to read as follows:
39 2. Acquire by purchase, lease, sublease or other agreement the facili-
40 ties provided or to be provided for the purposes of the unified court
41 system of the state.
42 All contracts entered into pursuant to the provisions of this section
43 shall be subject to the provisions of [sections one hundred one and]
44 section one hundred three of this chapter.
45 § 6. Section 135 of the state finance law is REPEALED.
46 § 7. Subdivision 1 of section 137 of the state finance law, as amended
47 by chapter 698 of the laws of 2004, is amended to read as follows:
48 1. In addition to other bond or bonds, if any, required by law for the
49 completion of a work specified in a contract for the prosecution of a
50 public improvement for the state of New York a municipal corporation, a
51 public benefit corporation or a commission appointed pursuant to law, or
52 in the absence of any such requirement, the comptroller may or the other
53 appropriate official, respectively, shall nevertheless require prior to
54 the approval of any such contract a bond guaranteeing prompt payment of
55 moneys due to all persons furnishing labor or materials to the contrac-
56 tor or his subcontractors in the prosecution of the work provided for in
S. 6456 31 A. 9556
1 such contract. Provided, however, that all performance bonds and payment
2 bonds may, at the discretion of the head of the state agency, public
3 benefit corporation or commission, or his or her designee, be dispensed
4 with for the completion of a work specified in a contract for the prose-
5 cution of a public improvement for the state of New York for which bids
6 are solicited where the aggregate amount of the contract is under one
7 hundred thousand dollars [and provided further, that in a case where the
8 contract is not subject to the multiple contract award requirements of
9 section one hundred thirty-five of this article, such requirements may
10 be dispensed with where the head of the state agency, public benefit
11 corporation or commission finds it to be in the public interest and
12 where the aggregate amount of the contract awarded or to be awarded is
13 less than two hundred thousand dollars]. Provided further, that in a
14 case where a performance or payment bond is dispensed with, twenty per
15 centum may be retained from each progress payment or estimate until the
16 entire contract work has been completed and accepted, at which time the
17 head of the state agency, public benefit corporation or commission
18 shall, pending the payment of the final estimate, pay not to exceed
19 seventy-five per centum of the amount of the retained percentage.
20 § 8. Subdivision 4 of section 139-f of the state finance law, as
21 amended by chapter 83 of the laws of 1995, is amended to read as
22 follows:
23 4. Notwithstanding any other provision of this section or other law,
24 requirements for the furnishing of a performance bond or a payment bond
25 may be dispensed with at the discretion of the head of the state agency
26 or corporation, or his or her designee, where the public owner is a
27 state agency or corporation described in subdivision one-a of this
28 section and the aggregate amount of the contract awarded or to be
29 awarded is under fifty thousand dollars [and, in a case where the
30 contract is not subject to the multiple contract award requirements of
31 section one hundred thirty-five of this article, such requirements may
32 be dispensed with where the head of the state agency or corporation
33 finds it to be in the public interest and where the aggregate amount of
34 the contract awarded or to be awarded is under two hundred thousand
35 dollars]. Provided further, that in a case where a performance or
36 payment bond is dispensed with, twenty per centum may be retained from
37 each progress payment or estimate until the entire contract work has
38 been completed and accepted, at which time the head of the state agency
39 or corporation shall, pending the payment of the final estimate, pay not
40 to exceed seventy-five per centum of the amount of the retained percent-
41 age.
42 § 9. Section 151-a of the public housing law is REPEALED.
43 § 10. Paragraph d of subdivision 1 of section 372-a of the education
44 law, as added by chapter 624 of the laws of 1999, is amended to read as
45 follows:
46 d. Any contracts or leases entered into by the trustees of the state
47 university of New York pursuant to this section shall require the lessee
48 or contracting not-for-profit corporation to comply with the require-
49 ments of article fifteen-A of the executive law. Any contract or lease
50 for construction, rehabilitation, or other improvement authorized by
51 this section entered into by the trustees shall require the lessee or
52 contractor and/or subcontractor to comply with the requirements of
53 section two hundred twenty, two hundred thirty, two hundred thirty-one,
54 two hundred forty and two hundred forty-one of the labor law, where
55 applicable, as well as [sections one hundred one and] section one
56 hundred three of the general municipal law, where applicable;
S. 6456 32 A. 9556
1 § 11. The opening paragraph of subdivision 8 of section 376 of the
2 education law, as amended by chapter 877 of the laws of 1990, is amended
3 to read as follows:
4 All contracts which are to be awarded pursuant to this subdivision
5 shall be awarded by public letting in accordance with the following
6 provisions, notwithstanding any contrary provision of section [one
7 hundred thirty-five,] one hundred thirty-six, one hundred thirty-nine or
8 one hundred forty of the state finance law, provided, however, that
9 where the estimated expense of any contract which may be awarded pursu-
10 ant to this subdivision is less than fifty thousand dollars, a perform-
11 ance bond and a bond for the payment of labor and material may, in the
12 discretion of the fund, not be required, and except that in the
13 discretion of the fund, a contract may be entered into for such purposes
14 without public letting where the estimated expense thereof is less than
15 twenty thousand dollars, or where in the judgment of the fund an emer-
16 gency condition exists as a result of damage to an existing academic
17 building, dormitory or other facility which has been caused by an act of
18 God, fire or other casualty, or any other unanticipated, sudden and
19 unexpected occurrence, that has resulted in damage to or a malfunction
20 in an existing academic building, dormitory or other facility and
21 involves a pressing necessity for immediate repair, reconstruction or
22 maintenance in order to permit the safe continuation of the use or func-
23 tion of such facility, or to protect the facility or the life, health or
24 safety of any person, and the nature of the work is such that in the
25 judgment of the fund it would be impractical and against the public
26 interest to have public letting; provided, however, that the fund, prior
27 to awarding a contract hereunder because of an emergency condition noti-
28 fy the comptroller of its intent to award such a contract:
29 § 12. Subdivision 11 of section 407-a of the education law, as added
30 by chapter 737 of the laws of 1988, is amended to read as follows:
31 11. Any contract undertaken or financed by the dormitory authority for
32 any construction, reconstruction, rehabilitation or improvement for any
33 special act school district shall comply with the provisions of
34 [sections one hundred one and] section one hundred three of the general
35 municipal law.
36 § 13. Subdivisions 1 and 2 of section 458 of the education law are
37 REPEALED.
38 § 14. Subdivisions 1 and 2 of section 482 of the education law are
39 REPEALED.
40 § 15. Subdivision 3 of section 1726 of the education law, as added by
41 chapter 198 of the laws of 1973, is amended to read as follows:
42 3. Such agreements shall be subject to the bidding requirements of the
43 general municipal law[, except that the provisions of section one
44 hundred one of the general municipal law shall not apply to lease or
45 lease-purchase of pre-manufactured items delivered to the site, but
46 shall apply to installation and other work to be performed on the site].
47 § 16. Subdivision (b) of section 6281 of the education law is
48 REPEALED.
49 § 17. Subparagraph 4 of paragraph c of subdivision 2 of section
50 27-0707 of the environmental conservation law, as amended by chapter 70
51 of the laws of 1988, is amended to read as follows:
52 (4) the applicant has received or will receive the written opinion of
53 counsel to each [muncipality] municipality or public authority which has
54 entered into a contract, lease or rental agreement with the proposed
55 facility that such contract, lease or rental agreement is in compliance
S. 6456 33 A. 9556
1 with the applicable requirements of sections [one hundred one,] one
2 hundred three and one hundred twenty-w of the general municipal law.
3 § 18. Subdivision 2 of section 38 of the highway law, as amended by
4 chapter 83 of the laws of 1995, is amended to read as follows:
5 2. Proposals. Each proposal shall specify the correct gross sum for
6 which the work will be performed and shall also include the amount to be
7 charged for each item specified on the proposal estimate sheet. The
8 commissioner of transportation may prescribe and furnish forms for the
9 submission of such proposals and may prescribe the manner of submitting
10 the same which shall not be inconsistent herewith. Accompanying each
11 proposal there shall be either a certified check or bank cashier's check
12 for the amount of the bid deposit, to be fixed by the commissioner of
13 transportation and specified in the advertisement for proposals or such
14 other security from the bidder as may be acceptable to the commissioner
15 of transportation. The checks of the two low bidders shall be deposited
16 by the commissioner of transportation in a special account. Provided,
17 however, that if prior to or upon receipt of said checks by the commis-
18 sioner of transportation a bidder who is one of the two low bidders
19 shall have duly filed a bond as hereinafter provided the commissioner of
20 transportation shall forthwith return to said bidder his aforesaid check
21 without depositing the same. If alternate proposals are taken, the
22 checks of the two low bidders of all alternate proposals shall be depos-
23 ited. All checks other than those of the two low bidders shall be
24 returned promptly by the commissioner of transportation. Notwithstanding
25 the provisions of any general or special law, the money represented by
26 the checks of the two low bidders shall be paid from the special account
27 when the contractor has duly executed and delivered to the commissioner
28 of transportation the contract and the bond or bonds, if any, required
29 by law for the performance of the work of a public improvement for the
30 state of New York, or upon the rejection of all bids. The low bidder, in
31 the discretion of the commissioner of transportation, and the second low
32 bidder, as a matter of right, may at any time after the opening of the
33 respective proposals, file with the commissioner of transportation a
34 bond, the principal amount of which shall at least equal the amount of
35 the respective bidder's check, theretofore deposited with his proposal,
36 in the form prescribed by the commissioner of transportation, with
37 sufficient sureties, to be approved by the commissioner of transporta-
38 tion, conditioned that the said bidder will execute a contract and
39 furnish such performance or other bonds as may be required by law in
40 accordance with the terms of the bidder's said proposal. If a bidder
41 complies with the aforesaid provision, the commissioner of transporta-
42 tion shall forthwith return the money represented by the check of such
43 bidder. In case the bidder to whom the contract shall be awarded shall
44 fail to execute such contract and bond if required, the moneys repres-
45 ented by such check shall be regarded as liquidated damages and shall be
46 forfeited to the state and shall be deposited by the commissioner of
47 transportation with the commissioner of taxation and finance to the
48 credit of the general fund. Provided, however, that although a perform-
49 ance bond or a payment bond or both may be accepted from a bidder by the
50 commissioner of transportation, a requirement to furnish such bond or
51 bonds may be dispensed with where the aggregate gross sums of the
52 contracts to be awarded for the project is under fifty thousand dollars
53 and provided further, [that in a case where a single contract is issued
54 for a project which is not subject to the multiple contract award
55 requirements of section one hundred thirty-five of the state finance
56 law,] such requirements may be dispensed with where the commissioner
S. 6456 34 A. 9556
1 finds it to be in the public interest and where the aggregate amount of
2 the contract awarded or to be awarded is less than two hundred fifty
3 thousand dollars. The gross sums indicated on the proposals when opened
4 shall be publicly read. The commissioner shall keep the bids for the
5 several items of the proposals confidential until an award of the
6 contract is made, after which the proposals shall be subject at all
7 reasonable times to public inspection.
8 § 19. Subdivision 2 of section 816-b of the labor law, as added by
9 chapter 571 of the laws of 2001, is amended to read as follows:
10 2. Notwithstanding any other provision of this article, of section one
11 hundred three of the general municipal law, [of section one hundred
12 thirty-five of the state finance law,] of section one hundred fifty-one
13 of the public housing law, or of any other general, special or local law
14 or administrative code, in entering into any construction contract, a
15 governmental entity which is to be a direct or indirect party to such
16 contract may require that any contractors and subcontractors have, prior
17 to entering into such contract, apprenticeship agreements appropriate
18 for the type and scope of work to be performed, that have been regis-
19 tered with, and approved by, the commissioner pursuant to the require-
20 ments found in this article. Whenever utilizing this requirement, the
21 governmental entity may, in addition to whatever considerations are
22 required by law, consider the degree to which career opportunities in
23 apprenticeship training programs approved by the commissioner may be
24 provided.
25 § 20. Subdivision 2 of section 1045-i of the public authorities law,
26 as added by chapter 513 of the laws of 1984, is amended to read as
27 follows:
28 2. Any such agreements (i) shall describe in sufficient detail for
29 reasonable identification the particular water project to be financed in
30 whole or in part by the authority, (ii) shall describe the plan for the
31 financing of the cost of the construction of such water project, includ-
32 ing the amount, if any, to be provided by the water board and the source
33 or sources thereof, (iii) shall set forth the method by which and by
34 whom and the terms and conditions upon which moneys provided by the
35 authority shall be disbursed, (iv) may require, in the discretion of the
36 authority, the payment to the authority of the proceeds of any state and
37 federal grants available to the water board, (v) shall provide for the
38 establishment of user fees, rates, rents and other charges and the
39 charging and collection thereof by the water board for the use of, or
40 services furnished, rendered or made available by such system such as to
41 provide that such board receive revenues at least sufficient, together
42 with other revenues of the board, if any, to meet the requirements of
43 subdivision one of section one thousand forty-five-j of this title,
44 provided that revenues received by such board shall be deposited in a
45 special fund established pursuant to this title and disbursed to, and
46 upon certification of, the authority, (vi) may provide for the transfer
47 by the city to the water board pursuant to section one thousand forty-
48 five-h of this title of ownership of the sewerage system or water
49 system, or both, as the case may be, of which such project will form a
50 part by the city, (vii) shall provide for the construction and
51 completion of such water project by the city and for the operation,
52 maintenance and repair thereof as an integrated part of the system of
53 which such water project forms a part, subject to such terms and condi-
54 tions, not inconsistent with this title, which may be in the public
55 interest and necessary or desirable properly and adequately to secure
56 the holders of bonds of the authority, provided, however, all contracts
S. 6456 35 A. 9556
1 for public work and all purchase contracts shall be awarded by the city
2 as provided by law for the award of such contracts by the city and that
3 all contracts for construction shall be let in accordance with the
4 provisions of state law pertaining to prevailing wages, labor standards
5 and working hours[. When the entire cost of constructing a building as
6 part of any water project shall exceed fifty thousand dollars, the city
7 shall prepare separate specifications for the following three subdivi-
8 sions of the work to be performed: (a) plumbing and gas fitting; (b)
9 steam heating, hot water heating, ventilating and air conditioning appa-
10 ratus; and (c) electric wiring and standard illuminating fixtures],
11 (viii) shall provide for the discontinuance or disconnection of the
12 supply of water or the provision of sewerage service, or both, as the
13 case may be, for non-payment of fees, rates, rents or other charges
14 therefor imposed by the water board, provided such discontinuance or
15 disconnection of any supply of water or the provision of sewerage
16 service, or both, as the case may be, shall not be carried out except in
17 the manner and upon the notice as is required of a waterworks corpo-
18 ration pursuant to subdivisions three-a, three-b and three-c of section
19 eighty-nine-b and section one hundred sixteen of the public service law,
20 and (ix) in the discretion of the authority, require reports concerning
21 the project from the water board to the authority and the city.
22 § 21. Subdivision 2 of section 1048-i of the public authorities law,
23 as added by chapter 796 of the laws of 1985, is amended to read as
24 follows:
25 2. Any such agreements (i) shall describe in sufficient detail for
26 reasonable identification the particular water project to be financed in
27 whole or in part by the authority, (ii) shall describe the plan for the
28 financing of the cost of the construction of such water project, includ-
29 ing the amount, if any, to be provided by the water board and the source
30 or sources thereof, (iii) shall set forth the method by which and by
31 whom and the terms and conditions upon which moneys provided by the
32 authority shall be disbursed, (iv) may require, in the discretion of the
33 authority, the payment to the authority of the proceeds of any state and
34 federal grants available to the water board, (v) shall provide for the
35 establishment of user fees, rates, rents and other charges and the
36 charging and collection thereof by the water board for the use of, or
37 services furnished, rendered or made available by such system such as to
38 provide that such board receive revenues at least sufficient, together
39 with other revenues of the board, if any, to meet the requirements of
40 subdivision one of section one thousand forty-eight-j of this title,
41 provided that revenues received by such board shall be deposited in a
42 special fund established pursuant to this title and disbursed to, and
43 upon certification of, the authority, (vi) may provide for the transfer
44 by the city to the water board pursuant to section one thousand forty-
45 eight-h of this title of ownership of the water system of which such
46 project will form a part, (vii) shall provide for the construction and
47 completion of such water project by the city and for the operation,
48 maintenance and repair thereof as an integrated part of the system of
49 which such water project forms a part, subject to such terms and condi-
50 tions, not inconsistent with this title, which may be in the public
51 interest and necessary or desirable properly and adequately to secure
52 the holders of bonds of the authority, provided, however, all contracts
53 for public work and all purchase contracts shall be awarded by the city
54 as provided by law for the award of such contracts by the city and that
55 all contracts for construction shall be let in accordance with the
56 provisions of state law pertaining to prevailing wages, labor standards
S. 6456 36 A. 9556
1 and working hours[. When the entire cost of constructing a building as
2 part of any water project shall exceed fifty thousand dollars, the city
3 shall prepare separate specifications for the following three subdivi-
4 sions of the work to be performed: (a) plumbing and gas fitting; (b)
5 steam heating, hot water heating, ventilating and air conditioning appa-
6 ratus; and (c) electric wiring and standard illuminating fixtures],
7 (viii) shall provide for the discontinuance or disconnection of the
8 supply of water for non-payment of fees, rates, rents or other charges
9 therefor imposed by the water board, provided such discontinuance or
10 disconnection of any supply of water shall not be carried out except in
11 the manner and upon the notice as is required of a waterworks corpo-
12 ration pursuant to subdivisions three-a, three-b and three-c of section
13 eighty-nine-b and section one hundred sixteen of the public service law,
14 and (ix) in the discretion of the authority, require reports concerning
15 the project from the water board to the authority and the city.
16 § 22. Section 1137 of the public authorities law, as added by chapter
17 595 of the laws of 1991, is amended to read as follows:
18 § 1137. Construction and purchase contracts. The authority shall let
19 contracts for construction or purchase of supplies, materials, or equip-
20 ment pursuant to [sections one hundred one and] section one hundred
21 three of the general municipal law. Nothing in this section shall be
22 construed to limit the power of the authority to do any construction
23 directly by the officers, agents and employees of the authority.
24 § 23. Section 1147-u of the public authorities law, as added by chap-
25 ter 691 of the laws of 1995, is amended to read as follows:
26 § 1147-u. Construction and purchase contracts. The authority shall let
27 contracts for construction or purchase of supplies, materials, or equip-
28 ment pursuant to [sections one hundred one and] section one hundred
29 three of the general municipal law and shall be let in accordance with
30 the provisions of state law pertaining to prevailing wages, labor stand-
31 ards, and working hours. Nothing in this section shall be construed to
32 limit the power of the authority to do any construction directly by the
33 officers, agents and employees of the authority.
34 § 24. Section 1174-q of the public authorities law, as added by chap-
35 ter 491 of the laws of 1991, is amended to read as follows:
36 § 1174-q. Construction and purchase contracts. The authority shall let
37 contracts for construction or purchase of supplies, materials, or equip-
38 ment pursuant to [sections one hundred one and] section one hundred
39 three of the general municipal law. Nothing in this section shall be
40 construed to limit the power of the authority to do any construction
41 directly by the officers, agents and employees of the authority or to
42 contract with a public utility, for a term not to exceed five years, for
43 the operation and maintenance of a water supply system acquired from
44 said public utility.
45 § 25. Section 1198-q of the public authorities law, as added by chap-
46 ter 868 of the laws of 1990, is amended to read as follows:
47 § 1198-q. Construction and purchase contracts. The authority shall let
48 contracts for construction or purchase of supplies, materials, or equip-
49 ment pursuant to [sections one hundred one and] section one hundred
50 three of the general municipal law. Nothing in this section shall be
51 construed to limit the power of the authority to do any construction
52 directly by the officers, agents and employees of the authority or to
53 contract with a public utility, for a term not to exceed five years, for
54 the operation and maintenance of a water supply system acquired from
55 said public utility.
S. 6456 37 A. 9556
1 § 26. Section 1199-qqq of the public authorities law, as added by
2 chapter 678 of the laws of 1990, is amended to read as follows:
3 § 1199-qqq. Construction and purchase contracts. The authority shall
4 let contracts for construction or purchase of supplies, materials, or
5 equipment pursuant to [sections one hundred one and] section one hundred
6 three of the general municipal law. Nothing in this section shall be
7 construed to limit the power of the authority to do any construction
8 directly by the officers, agents and employees of the authority.
9 § 27. Section 1199-qqqq of the public authorities law, as added by
10 chapter 195 of the laws of 1995, is amended to read as follows:
11 § 1199-qqqq. Construction and purchase contracts. The authority shall
12 let contracts for construction or purchase of supplies, materials, or
13 equipment pursuant to [sections one hundred one and] section one hundred
14 three of the general municipal law and shall be let in accordance with
15 the provisions of state law pertaining to prevailing wages, labor stand-
16 ards, and working hours. Nothing in this section shall be construed to
17 limit the power of the authority to do any construction directly by the
18 officers, agents and employees of the authority.
19 § 28. Section 1226-t of the public authorities law, as added by chap-
20 ter 647 of the laws of 1994, is amended to read as follows:
21 § 1226-t. Contracts. All contracts for construction shall be let by
22 the authority in [conformity with the applicable provisions of section
23 one hundred thirty-five of the state finance law and shall be let in]
24 accordance with the provisions of state law pertaining to prevailing
25 wages, labor standards and working hours.
26 The authority may, in its discretion, assign contracts for supervision
27 and coordination to the successful bidder for any subdivision of work
28 for which the authority receives bids. The authority shall not award any
29 construction contract except to the lowest bidder who, in its opinion,
30 is qualified to perform the work required and who is responsible and
31 reliable. The authority may, however, reject any or all bids or waive
32 any informality in a bid if it believes that the public interest will be
33 promoted thereby. The authority may reject any bid if, in its judgment,
34 the business and technical organization, plant, resources, financial
35 standing, or experience of the bidder justifies such rejection in view
36 of the work to be performed.
37 § 29. Section 1230-u of the public authorities law, as added by chap-
38 ter 275 of the laws of 2002, is amended to read as follows:
39 § 1230-u. Contracts. All contracts for construction or purchase of
40 supplies, materials or equipment shall be let by the water board, shall
41 be made in conformity with the applicable provisions of section one
42 hundred three of the general municipal law [and section one hundred
43 thirty-five of the state finance law]. For the purposes of article
44 fifteen-A of the executive law only, the authority and the water board
45 shall each be deemed a state agency as that term is used in such arti-
46 cle, and its contracts for procurement, design, construction, services
47 and materials shall be deemed state contracts within the meaning of that
48 term as set forth in such article. All construction contracts shall be
49 let in accordance with the provisions of state law pertaining to
50 prevailing wages, labor standards and working hours. The water board
51 may, in its discretion, assign contracts for supervision and coordi-
52 nation to the successful bidder for any subdivision of work for which
53 the water board receives bids. The water board shall not award any
54 construction contract except to the lowest bidder who, in its opinion,
55 is qualified to perform the work required and who is responsible and
56 reliable. The water board may, however, reject any or all bids or waive
S. 6456 38 A. 9556
1 any informality in a bid if it believes that the public interest will be
2 promoted thereby. The water board may reject any bid if, in its judg-
3 ment, the business and technical organization, plant, resources, finan-
4 cial standing, or experience of the bidder justifies such rejection in
5 view of the work to be performed. Nothing in this title shall be
6 construed to limit or diminish the power of the water board to do any
7 construction directly by the officers, employees or agents of the water
8 board.
9 § 30. Subdivision 1 of section 1287 of the public authorities law, as
10 amended by chapter 552 of the laws of 1980, is amended to read as
11 follows:
12 1. [Construction contracts other than for resource recovery facilities
13 let by the corporation shall be in conformity with the applicable
14 provisions of section one hundred thirty-five of the state finance law,
15 but the corporation in its discretion may assign such contracts for
16 supervision and coordination to the successful bidder for any subdivi-
17 sion of work for which the corporation receives bids.] Contracts for
18 resource recovery facilities may be awarded by the corporation in the
19 same manner as by a municipality pursuant to section one hundred twen-
20 ty-w of the general municipal law.
21 § 31. Paragraph (f) of subdivision 13 of section 1678 of the public
22 authorities law, as added by chapter 825 of the laws of 1987, is amended
23 to read as follows:
24 (f) To sell, convey, lease, sublease or otherwise transfer any real
25 property or interest therein held by the authority to any person, firm,
26 association, corporation or agency, including a public body, for the
27 purpose of constructing or otherwise providing thereon a combined occu-
28 pancy structure, provided that, simultaneously therewith, the authority
29 enters into an agreement for the reconveyance, purchase, lease, sublease
30 or other acquisition of the court facilities to be contained in such
31 combined occupancy structures.
32 Any contract undertaken or financed by the dormitory authority for any
33 construction, reconstruction, rehabilitation or improvement of any court
34 facilities or combined occupancy structures shall comply with the
35 provisions of [sections one hundred one and] section one hundred three
36 of the general municipal law.
37 § 32. Paragraph a of subdivision 2 of section 1680 of the public
38 authorities law, as amended by section 25 of part II of chapter 59 of
39 the laws of 2004, is amended to read as follows:
40 a. [The dormitory authority is hereby authorized and empowered upon
41 application of the educational institution concerned to acquire, design,
42 construct, reconstruct, rehabilitate and improve, or otherwise provide
43 and furnish and equip dormitories and attendant facilities for any
44 educational institution, provided that any contract undertaken or
45 financed by the dormitory authority for any construction, recon-
46 struction, rehabilitation or improvement of any building or structure
47 commenced after September first, nineteen hundred seventy-four for the
48 Gananda school district or the Gananda educational facilities corpo-
49 ration, or any agency, board or commission therein, or any official
50 thereof, shall comply with the provisions of section one hundred one of
51 the general municipal law and the specifications for such contract may
52 provide for assignment of responsibility for coordination of any of the
53 contracts for such work to a single responsible and qualified person,
54 firm or corporation; provided, however, that all contracts for
55 construction of buildings on behalf of Queens Hospital Center shall be
56 in conformity with the provisions of section one hundred one of the
S. 6456 39 A. 9556
1 general municipal law; provided that any contracts for the construction,
2 reconstruction, rehabilitation or improvement of any public work project
3 undertaken by the dormitory authority of any facility for the aged for
4 any political subdivision of the state or any district therein or agen-
5 cy, department, board or commission thereof, or any official thereof,
6 shall comply with the provisions of section one hundred thirty-five of
7 the state finance law; and provided further that any contract undertaken
8 or financed by the dormitory authority for any construction, recon-
9 struction, rehabilitation or improvement of any building commenced after
10 January first, nineteen hundred eighty-nine for the department of health
11 shall comply with the provisions of section one hundred thirty-five of
12 the state finance law.]
13 Each educational institution defined in subdivision one of this
14 section, except the department of health of the state of New York,
15 shall, when authorized by an appropriate resolution adopted by its
16 governing board or, when permitted, adopted by an appropriate committee
17 of such governing board, have power: (i) to convey or cause to be
18 conveyed to the authority real property or rights in real property
19 required in connection with the construction and financing of a dormito-
20 ry by the authority for such educational institution; or (ii) to enter
21 into agreements or leases or both with the dormitory authority pursuant
22 to subdivision sixteen of section sixteen hundred seventy-eight of this
23 title and to paragraph e of this subdivision, or both, or, in the case
24 of the department of health of the state of New York, providing that
25 legislation or appropriations which specifies the facilities to be
26 acquired, constructed, reconstructed, rehabilitated or improved for the
27 department of health of the state of New York and the total estimated
28 costs for each such facility, not to exceed four hundred ninety-five
29 million dollars in the aggregate, shall have been approved by the legis-
30 lature, the commissioner of health shall have power: (i) to convey or
31 cause to be conveyed to the authority real property or rights in real
32 property required in connection with the construction and financing of a
33 dormitory by the authority for such educational institution; or (ii) to
34 enter into agreements or leases or both with the dormitory authority
35 pursuant to subdivision sixteen of section sixteen hundred seventy-eight
36 of this title and to paragraph e of this subdivision or both. The educa-
37 tional institution for which such dormitory and attendant facility is
38 intended to be provided shall approve the plans and specifications and
39 location of such dormitory and attendant facility. The dormitory author-
40 ity shall have the same power and authority in respect to such dormito-
41 ries and attendant facilities provided pursuant to this subdivision that
42 it has relative to other dormitories.
43 § 33. Paragraph f of subdivision 27 of section 1680 of the public
44 authorities law, as added by chapter 202 of the laws of 1990, is
45 REPEALED.
46 § 34. Paragraph a of subdivision 1 of section 1734 of the public
47 authorities law, as added by chapter 738 of the laws of 1988, is amended
48 to read as follows:
49 a. All contracts for the construction, reconstruction, improvement,
50 rehabilitation, maintenance, repair, furnishing, equipping of or other-
51 wise providing for educational facilities for the city board may be
52 awarded in accordance with the provisions of this section, notwithstand-
53 ing the provisions of section eight of the public buildings law, section
54 one hundred three of the general municipal law, [section one hundred
55 thirty-five of the state finance law,] section seven of the New York
56 state financial emergency act for the city of New York or of any other
S. 6456 40 A. 9556
1 provision of general, special or local law, charter or administrative
2 code.
3 § 35. Paragraph b of subdivision 1 of section 1734 of the public
4 authorities law is REPEALED.
5 § 36. Section 1735 of the public authorities law, as added by chapter
6 738 of the laws of 1988, subdivision 1 as amended by chapter 410 of the
7 laws of 1999 and subdivision 4 as amended by chapter 491 of the laws of
8 2000, is amended to read as follows:
9 § 1735. Certain contracts of the authority. 1. [Notwithstanding the
10 provisions of paragraph b of subdivision one of section seventeen
11 hundred thirty-four of this title, the award of construction contracts
12 by the authority between July first, nineteen hundred eighty-nine and
13 June thirtieth, two thousand two, shall not be subject to the provisions
14 of section one hundred one of the general municipal law.
15 2.] Notice of the invitation for bids for contracts to be awarded
16 pursuant to this section shall state the time and place of the receipt
17 and opening of bids.
18 [3. All bidders shall submit to the authority, prior to the opening of
19 a bid for the award of a contract under this section, a sealed list
20 identifying the names of each subcontractor each contractor proposes to
21 utilize under the contract for the performance of the following subdivi-
22 sions of work:
23 a. Plumbing and gas fitting;
24 b. Steam heating, hot water heating, ventilating and air conditioning
25 apparatus; and
26 c. Electric wiring and standard illuminating fixtures.
27 The low bidder shall specify in such list the estimated value to be
28 paid each such subcontractor for the work to be performed by such
29 subcontractor. After the authority has announced the low bidder at the
30 bid opening, the authority shall open only such low bidder's separate
31 sealed list and shall read aloud such subcontractors listed therein. All
32 such sealed lists except those of the low bidder shall be returned
33 unopened to their respective contractors following the awarding of a
34 contract.
35 4.] 2. The authority shall establish a committee to review and report
36 on contracts issued pursuant to this section and on the procedures and
37 methodology of the authority in awarding such contracts. The review
38 shall include, but not be limited to, the degree to which contractors
39 awarded contracts pursuant to [such paragraph] section seventeen hundred
40 thirty-four of this title, and the subcontractors utilized by them,
41 utilize employees who are represented by labor organizations, comply
42 with existing labor standards, maintain harmonious labor relations and
43 recognize state approved apprentice programs. The committee shall, from
44 time to time, issue economic and statistical reports dealing with the
45 costs of construction under this article. Such reports shall deal with
46 the costs of labor, material, equipment and profit. The committee shall
47 have no authority to approve or disapprove contracts. The committee
48 shall be composed of two representatives from the authority, one repre-
49 sentative from the board, two representatives from construction-related
50 labor organizations and two representatives from the construction indus-
51 try[, at least one of whom shall be involved in the subdivisions of work
52 described in subdivision three of this section]. The president of the
53 authority shall designate the members of the committee, provided, howev-
54 er, that the president shall designate the representatives of labor
55 organizations from a list of names submitted by the New York state AFL-
56 CIO.
S. 6456 41 A. 9556
1 [5.] 3. In awarding contracts pursuant to this section the authority
2 shall, in addition to the factors set forth in subdivision three of
3 section seventeen hundred thirty-four of this title, consider the
4 following factors when establishing a list of pre-qualified bidders for
5 construction work: (a) the degree to which a contractor or subcontractor
6 utilizes employees who are represented by a labor organization; (b) the
7 absence of any intentional misrepresentation with regard to lists of
8 subcontractors [previously submitted pursuant to the provisions of
9 subdivision two of this section]; and (c) the record of the bidder in
10 complying with existing labor standards, maintaining harmonious labor
11 relations and recognizing state approved apprentice programs.
12 [6.] 4. The authority shall provide in its construction, erection or
13 alteration contracts which implement a five year educational facilities
14 capital plan a provision that shall require each contractor to make
15 prompt payment to its subcontractors [performing each subdivision of
16 work listed in subdivision three of this section]. Within seven calendar
17 days of the receipt of any payment from the authority, the contractor
18 shall pay to each such subcontractor that portion of the proceeds of
19 such payment representing the value of the work performed by such
20 subcontractor, based upon the actual value of the subcontract, which has
21 been approved and paid for by the authority, less an amount necessary to
22 satisfy any claims, liens or judgments against the subcontractor which
23 have not been suitably discharged and less any amount retained by the
24 contractor as provided herein. For such purpose, the subcontract may
25 provide that the contractor may retain not more than five per centum of
26 each payment to the subcontractor or not more than ten per centum of
27 each such payment if prior to entering into the subcontract the subcon-
28 tractor is unable or unwilling to provide, at the request of the
29 contractor, a performance bond and a labor and material bond both in the
30 amount of the subcontract.
31 At the time of making a payment to the contractor for work performed
32 by the subcontractors [set forth in subdivision three of this section],
33 the authority shall file in its office for review a record of such
34 payment. If any such subcontractor shall notify the authority and the
35 contractor in writing that the contractor has failed to make a payment
36 to it as provided herein and the contractor shall fail, within five
37 calendar days after receipt of such notice, to furnish either proof of
38 such payment or notice that the amount claimed by the subcontractor is
39 in dispute, the authority shall withhold from amounts then or thereafter
40 becoming due and payable to the contractor, other than from amounts
41 becoming due and payable to the contractor representing the value of
42 work approved by the authority and performed by other subcontractors and
43 which the contractor is required to pay to such subcontractors within
44 seven calendar days as herein provided, an amount equal to that portion
45 of the authority's prior payment to the contractor which the subcontrac-
46 tor claims to be due it, shall remit the amount when and so withheld to
47 the subcontractor and deduct such payment from the amounts then other-
48 wise due and payable to the contractor, which payment shall, as between
49 the contractor and the authority, be deemed a payment by the authority
50 to the contractor. In the event the contractor shall notify the authori-
51 ty as above provided that the claim of the subcontractor is in dispute,
52 the authority shall withhold from amounts then or thereafter becoming
53 due and payable to the contractor, other than from amounts becoming due
54 and payable to the contractor representing the value of work approved by
55 the authority and performed by other subcontractors and which the
56 contractor is required to pay to such subcontractors within seven calen-
S. 6456 42 A. 9556
1 dar days as herein provided, an amount equal to that portion of the
2 authority's prior payment to the contractor which the subcontractor
3 claims to be due it and deposit such amount when and so withheld in a
4 separate interest-bearing account pending resolution of the dispute, and
5 the amount so deposited together with the interest thereon shall be paid
6 to the party or parties ultimately determined to be entitled thereto, or
7 until the contractor and subcontractor shall otherwise agree as to the
8 disposition thereof. In the event the authority shall be required to
9 withhold amounts from a contractor for the benefit of more than one
10 subcontractor, the amounts so withheld shall be applied to or for such
11 subcontractors in the order in which the written notices of nonpayment
12 have been received by the authority, and if more than one such notice
13 was received on the same day, proportionately based upon the amount of
14 the subcontractor claims received on such day. Nothing herein contained
15 shall prevent the authority from commencing an interpleader action to
16 determine entitlement to a disputed payment in accordance with section
17 one thousand six of the civil practice law and rules, or any successor
18 provision thereto.
19 Payment to a subcontractor shall not relieve the contractor from
20 responsibility for the work covered by the payment. Except as otherwise
21 provided, nothing contained herein shall create any obligation on the
22 part of the authority to pay any subcontractor, nor shall anything
23 provided herein serve to create any relationship in contract or other-
24 wise, implied or expressed, between the subcontractor and the authority.
25 [The provisions of this subdivision shall not be applicable to the
26 subcontractors of a contractor whose contract is limited to the perform-
27 ance of a single subdivision of work listed in subdivision three of this
28 section.
29 7.] 5. The provisions of this section shall cease to be in effect in
30 the event any of the provisions of this section shall be adjudged to be
31 invalid by the final judgment of a court of competent jurisdiction from
32 which judgment all appeals or applications for relief have been
33 exhausted or the time therefor has expired, provided, however, that such
34 appeals or applications are pursued promptly.
35 § 37. Subdivision 1 of section 1840-n of the public authorities law,
36 as added by chapter 273 of the laws of 1979, is amended to read as
37 follows:
38 1. Construction contracts let by the authority or a local development
39 corporation shall be in conformity with the applicable provisions of
40 [sections one hundred thirty-five and] section one hundred forty-four of
41 the state finance law.
42 § 38. Section 1949-d of the public authorities law, as added by chap-
43 ter 130 of the laws of 1996, is amended to read as follows:
44 § 1949-d. Contracts. All contracts for construction shall be let [by
45 the authority in conformity with the applicable provisions of section
46 one hundred thirty-five of the state finance law and shall be let] in
47 accordance with the provisions of state law pertaining to prevailing
48 wages, labor standards and working hours.
49 The authority may, in its discretion, assign contracts for supervision
50 and coordination to the successful bidder for any subdivision of work
51 for which the authority receives bids. The authority shall not award any
52 construction contract except to the lowest bidder who, in its opinion,
53 is qualified to perform the work required and who is responsible and
54 reliable. The authority may, however, reject any or all bids or waive
55 any informality in a bid if it believes that the public interest will be
56 promoted thereby. The authority may reject any bid if, in its judgment,
S. 6456 43 A. 9556
1 the business and technical organization, plant, resources, financial
2 standing, or experience of the bidder justifies such rejection in view
3 of the work to be performed.
4 § 39. Subdivision 4 of section 1974 of the public authorities law, as
5 amended by chapter 596 of the laws of 1973, is amended to read as
6 follows:
7 4. To acquire, construct, improve, enlarge, operate and maintain a
8 project within the project area as defined herein and all other struc-
9 tures, appurtenances and facilities necessary or convenient in
10 connection therewith, [provided, however, that all contracts for
11 construction let by the authority shall be let in conformity with the
12 provisions of section one hundred thirty-five of the state finance law,]
13 except that contracts for construction let by subsidiaries of the
14 authority shall be governed [instead] by the applicable provisions of
15 the private housing finance law;
16 § 40. Subdivision 1 of section 2051-p of the public authorities law,
17 as added by chapter 667 of the laws of 1988, is amended to read as
18 follows:
19 1. All contracts or orders, for work, material or supplies performed
20 or furnished in connection with construction, shall be awarded by the
21 agency pursuant to resolution of the governing body except as hereinaft-
22 er provided. Such awards, when applicable, shall be made in compliance
23 with paragraph (e) of subdivision four and subdivision seven[, except
24 paragraph (b),] of section one hundred twenty-w of the general municipal
25 law. In any construction contract, the agency may provide a program for
26 the payment of damages for delays and incentive awards in order to
27 encourage timely project completion. An action, suit or proceeding
28 contesting the validity of a contract awarded pursuant to this section,
29 or the validity of the procedures relating to such award, shall be
30 governed by the provisions of subdivision six of section one hundred
31 twenty-w of the general municipal law and the term "municipality" as
32 used in such subdivision six shall mean the agency.
33 § 41. Subdivision 2 of section 2350-o of the public authorities law is
34 REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
35 § 42. Paragraph (a) of subdivision 6 of section 2466 of the public
36 authorities law is REPEALED and paragraphs (b) and (c) are relettered
37 paragraphs (a) and (b).
38 § 43. Subdivision 1 of section 2508 of the public authorities law, as
39 added by chapter 816 of the laws of 1973, is amended to read as follows:
40 1. All contracts for the construction, reconstruction, rehabilitation
41 or improvement of buildings or structures shall be let in the manner
42 provided by law for contracts of the city. The authority [in] if prepar-
43 ing separate specifications may provide for assignment of responsibility
44 for coordination of any of the contracts for such work to a responsible
45 person, firm or corporation.
46 § 44. Section 2591 of the public authorities law, as added by chapter
47 545 of the laws of 2000, is amended to read as follows:
48 § 2591. Contracts. 1. [Construction contracts let by the authority
49 shall be in conformity with the applicable provisions of section one
50 hundred thirty-five of the state finance law.
51 2.] The authority may, in its discretion, assign contracts for super-
52 vision and coordination to the successful bidder for any subdivision of
53 work for which the authority receives bids. Any construction contract
54 awarded by the authority shall contain such other terms and conditions
55 as the authority may deem desirable. The authority shall not award any
56 construction contract except to the lowest bidder who, in its opinion,
S. 6456 44 A. 9556
1 is qualified to perform the work required and who is responsible and
2 reliable. The authority may, however, reject any or all bids or waive
3 any informality in a bid if it believes that the public interest will be
4 promoted thereby. The authority may reject any bid, if, in its judgment,
5 the business and technical organization, plant, resources, financial
6 standing, or experience of the bidder justifies such rejection in view
7 of the work to be performed.
8 [3.] 2. All contracts or leases for the construction, reconstruction,
9 rehabilitation or improvement of buildings let by the authority shall
10 comply with the provisions of section two hundred twenty of the labor
11 law.
12 [4.] 3. For the purposes of article fifteen-A of the executive law
13 only, the authority shall be deemed a state agency as that term is used
14 in such article, and all contracts for procurement, design,
15 construction, services and materials shall be deemed state contracts
16 within the meaning of that term as set forth in such article.
17 [5.] 4. If after consideration, the authority determines acting within
18 its discretion and proprietary capacity that given the purpose of any
19 project and the impact of delay, the possibility of cost savings advan-
20 tages, and the local history of labor unrest, if any, its interest in
21 obtaining the best work at the lowest possible price and preventing
22 favoritism, fraud and corruption are best met by requiring a project
23 labor agreement as an incident of any contract let by the authority
24 regarding any project, it may require such a project labor agreement.
25 § 45. Subdivision 1 of section 2620 of the public authorities law, as
26 added by chapter 404 of the laws of 1981, is amended to read as follows:
27 1. Construction contracts let by the authority shall be in conformity
28 with the applicable provisions of [sections one hundred thirty-five and]
29 section one hundred forty-four of the state finance law.
30 § 46. Section 2642-m of the public authorities law, as added by chap-
31 ter 75 of the laws of 2000, is amended to read as follows:
32 § 2642-m. Contracts. 1. All contracts for the construction, recon-
33 struction, rehabilitation or improvement of buildings let by the author-
34 ity shall comply with the provisions of section two hundred twenty of
35 the labor law and shall also be subject to the provisions of law appli-
36 cable to contracts let by a municipal corporation, except as otherwise
37 provided herein.
38 2. [All contracts for the construction, reconstruction, rehabilitation
39 or improvement of buildings let by the authority shall be in conformity
40 with the applicable provisions of section one hundred thirty-five of the
41 state finance law.
42 3.] The authority may, in its discretion, assign contracts for super-
43 vision and coordination to the successful bidder for any subdivision of
44 work for which the authority receives bids. Any construction contract
45 awarded by the authority shall contain such other terms and conditions
46 as the authority may deem desirable. The authority shall award any
47 construction contract involving an expenditure of more than five thou-
48 sand dollars to the lowest bidder who, in its opinion, is qualified to
49 perform the work required and who is responsible and reliable. The
50 authority may, however, reject any or all bids or waive any informality
51 in a bid if it believes that the public interest will be promoted there-
52 by. The authority may reject any bid, if, in its judgment, the business
53 and technical organization, plant, resources, financial standing, or
54 experience of the bidder justifies such rejection in view of the work to
55 be performed.
S. 6456 45 A. 9556
1 [4.] 3. For the purposes of article fifteen-A of the executive law
2 only, the authority shall be deemed a state agency as that term is used
3 in such article, and all contracts for procurement, design,
4 construction, services and materials shall be deemed state contracts
5 within the meaning of that term as set forth in such article.
6 § 47. Section 2656 of the public authorities law, as added by chapter
7 124 of the laws of 1998, subdivision 3 as amended by chapter 631 of the
8 laws of 2002, is amended to read as follows:
9 § 2656. Contracts. 1. [Construction contracts let by the authority
10 shall be in conformity with the applicable provisions of section one
11 hundred thirty-five of the state finance law.
12 2.] The authority may, in its discretion, assign contracts for super-
13 vision and coordination to the successful bidder for any subdivision of
14 work for which the authority receives bids. Any construction contract
15 awarded by the authority shall contain such other terms and conditions
16 as the authority may deem desirable. The authority shall not award any
17 construction contract except to the lowest bidder who, in its opinion,
18 is qualified to perform the work required and who is responsible and
19 reliable. The authority may, however, reject any or all bids or waive
20 any informality in a bid if it believes that the public interest will be
21 promoted thereby. The authority may reject any bid, if, in its judgment,
22 the business and technical organization, plant, resources, financial
23 standing, or experience of the bidder justifies such rejection in view
24 of the work to be performed.
25 [3.] 2. Each contract to which the authority is a party including, but
26 not limited to, any contract, lease, grant, bond, covenant, or other
27 debt agreement entered into directly or indirectly by the authority
28 financing in whole or in part, the construction, demolition, recon-
29 struction, excavation, rehabilitation, repair, renovation or alteration
30 of a building or an improvement to property shall require that employ-
31 ers, contractors and sub-contractors shall comply with the provisions of
32 section two hundred twenty of the labor law.
33 [4.] 3. For the purposes of article fifteen-A of the executive law
34 only, the authority shall be deemed a state agency as that term is used
35 in such article, and all contracts for procurement, design,
36 construction, services and materials shall be deemed state contracts
37 within the meaning of that term as set forth in such article[;].
38 § 48. Subdivision 1 of section 2680-q of the public authorities law,
39 as added by chapter 632 of the laws of 1999, is amended to read as
40 follows:
41 1. The authority shall let contracts for construction or purchase of
42 supplies, materials, or equipment pursuant to [sections one hundred one
43 and] section one hundred three of the general municipal law. Nothing in
44 this section shall be construed to limit the powers of the authority to
45 do any construction directly by the officers, agents and employees of
46 the authority.
47 § 49. Subdivision 1 of section 2722 of the public authorities law is
48 REPEALED and subdivisions 2 and 3 are renumbered subdivisions 1 and 2.
49 § 50. Section 2768 of the public authorities law, as added by chapter
50 663 of the laws of 1989, is amended to read as follows:
51 § 2768. Contracts. All contracts for construction shall be let by the
52 authority in conformity with the applicable provisions of [section one
53 hundred thirty-five of the state finance law and shall be let in accord-
54 ance with the provisions of] state law pertaining to prevailing wages,
55 labor standards and working hours. [In the case of industrial projects,
56 whenever the authority determines that trade secrets or other confiden-
S. 6456 46 A. 9556
1 tial information about the prospective project occupant's business oper-
2 ations, products, processes or designs would be revealed by public
3 bidding, the requirements of section one hundred thirty-five of the
4 state finance law with respect to public bidding may be waived. In such
5 event, separate specifications shall be prepared for, and separate and
6 independent contracts shall be entered into, for the following three
7 subdivisions of work to be performed: (a) plumbing and gas fitting; (b)
8 steam heating, hot water heating, ventilating and air conditioning appa-
9 ratus; and (c) electric wiring and standard illuminating fixtures.] The
10 authority may, in its discretion, assign contracts for supervision and
11 coordination to the successful bidder for any subdivision of work for
12 which the authority receives bids. The authority shall not award any
13 construction contract except to the lowest bidder who, in its opinion,
14 is qualified to perform the work required and who is responsible and
15 reliable. The authority may, however, reject any or all bids or waive
16 any informality in a bid if it believes that the public interest will be
17 promoted thereby. The authority may reject any bid if, in its judgment,
18 the business and technical organization, plant, resources, financial
19 standing, or experience of the bidder justifies such rejection in view
20 of the work to be performed.
21 § 51. Section 2794 of the public authorities law, as added by chapter
22 686 of the laws of 1993, is amended to read as follows:
23 § 2794. Contracts. All contracts for construction shall be let by the
24 authority in conformity with the applicable provisions of [section one
25 hundred thirty-five of the state finance law and shall be let in accord-
26 ance with the provisions of] state law pertaining to prevailing wages,
27 labor standards and working hours.
28 The authority may, in its discretion, assign contracts for supervision
29 and coordination to the successful bidder for any subdivision of work
30 for which the authority receives bids. The authority shall not award any
31 construction contract except to the lowest bidder who, in its opinion,
32 is qualified to perform the work required and who is responsible and
33 reliable. The authority may, however, reject any or all bids or waive
34 any informality in a bid if it believes that the public interest will be
35 promoted thereby. The authority may reject any bid if, in its judgment,
36 the business and technical organization, plant, resources, financial
37 standing, or experience of the bidder justifies such rejection in view
38 of the work to be performed.
39 § 52. The opening paragraph of subdivision 9 of section 3303 of the
40 public authorities law, as added by chapter 11 of the laws of 1997, is
41 amended to read as follows:
42 It is the intent of the legislature that overall cost should in all
43 cases be a major criterion in the selection of project developers for
44 award of contracts pursuant to this section and that, wherever practi-
45 cal, such contracts should be entered into through competitive bidding
46 procedures as prescribed by [sections one hundred one and] section one
47 hundred three of the general municipal law. It is further the intent of
48 the legislature to acknowledge the highly complex and innovative nature
49 of medical technology, diagnostic and treatment devices, the relative
50 newness of a variety of devices, processes and procedures now available,
51 the desirability of a single point of responsibility for the development
52 of medical treatment and diagnostic facilities and the economic and
53 technical utility of contracts for medical projects which include in
54 their scope various combinations of design, construction, operation,
55 management and/or maintenance responsibility over prolonged periods of
56 time and that in some instances it may be beneficial to the corporation
S. 6456 47 A. 9556
1 to award a contract for a medical project on the basis of factors other
2 than cost alone, including but not limited to facility design, system
3 reliability, efficiency, safety, and compatibility with other elements
4 of patient care. Accordingly, and notwithstanding the provisions of any
5 general, special or local law or chapter, a contract for a medical
6 project entered into between the corporation and any project developer
7 pursuant to this section may be awarded pursuant to public bidding in
8 compliance with [sections one hundred one and] section one hundred three
9 of the general municipal law or pursuant to the following provisions for
10 the award of a contract based on evaluation of proposals submitted in
11 response to a request for proposals prepared by or for the corporation:
12 § 53. Subdivision 10 of section 3303 of the public authorities law, as
13 added by chapter 11 of the laws of 1997, is amended to read as follows:
14 10. Every contract entered into between the corporation and a project
15 developer, pursuant to the provisions of paragraph (d) of subdivision
16 nine of this section, for a medical project involving construction of a
17 medical building by the project developer, shall contain provisions that
18 such building shall be constructed through construction contracts
19 awarded through competitive bidding in accordance with paragraphs (a)
20 through [(g)] (f) of this subdivision; that the project developer or the
21 project developer's construction subcontractor shall furnish a bond
22 guaranteeing prompt payment of moneys that are due to all persons
23 furnishing labor and materials pursuant to the requirements of such
24 construction contracts, and that a copy of such payment bond shall be
25 kept by the corporation and shall be open to public inspection;
26 provided, however, that the requirements of this subdivision shall not
27 apply when the cost of such construction, exclusive of the cost of
28 medical equipment and devices, is less than seventy-five thousand
29 dollars.
30 (a) The project developer shall advertise for bids for such
31 construction contracts in a daily newspaper having general circulation
32 in the county. Such advertisement shall contain a statement of the time
33 and place where all bids received pursuant to such notice will be
34 publicly opened and read. An employee of the corporation shall be
35 designated to open the bids at the time and place specified in the
36 notice. All bids received shall be publicly opened and read at the time
37 and place so specified. At least five days shall elapse between the
38 publication of such advertisement and date on which the bids are opened.
39 (b) [When the entire cost of constructing such building, exclusive of
40 any medical equipment, apparatus or devices, shall exceed seventy-five
41 thousand dollars, the project developer shall prepare separate specifi-
42 cations for the following subdivisions of such work, so as to permit
43 separate and independent bidding upon each subdivision:
44 (i) plumbing and gas fittings;
45 (ii) steam heating, hot water heating, ventilating and air condition-
46 ing apparatus; and
47 (iii) electric wiring and standard illuminating fixtures.
48 (c) After public competitive bidding, the project developer shall
49 award one or more separate contracts for each of the above subdivisions
50 of such work, whenever separate specifications are required pursuant to
51 paragraph (b) of this subdivision, and one or more contracts for the
52 remainder of such work. The project developer may award such contracts
53 at different times.] Contracts awarded pursuant to this [paragraph]
54 subdivision shall be awarded by the project developer to the lowest
55 responsible and responsive bidder and shall be contracts of the project
56 developer and not of the corporation which shall have no obligation or
S. 6456 48 A. 9556
1 liabilities, whatsoever, thereunder. The project developer shall have
2 the responsibility for the supervision, coordination, and termination of
3 such contracts, unless otherwise specified in contractual terms between
4 the project developer and the corporation.
5 [(d)] (c) In determining whether a prospective contractor is responsi-
6 ble and responsive, the project developer may require that prospective
7 contractors:
8 (i) have adequate financial resources or the ability to obtain such
9 resources;
10 (ii) be able to comply with the required or proposed delivery or
11 performance schedule;
12 (iii) have a satisfactory record of performance;
13 (iv) have the necessary organization, experience, operational
14 controls, and technical skills, or the ability to obtain them;
15 (v) have the necessary production, construction and technical equip-
16 ment and facilities, or the ability to obtain them; and
17 (vi) be eligible to receive an award under applicable laws and regu-
18 lations and be otherwise qualified.
19 [(e)] (d) The project developer may reject any bid of a bidder which
20 the project developer determines to be nonresponsible or nonresponsive
21 to the advertisement for bids.
22 [(f)] (e) The project developer may, in its discretion, reject all
23 bids, and may revise bid specifications and may readvertise for bids as
24 provided herein.
25 [(g)] (f) Only as used in this section:
26 (i) "project developer" means any private corporation, partnership,
27 limited liability company, or individual, or combination thereof which
28 has submitted a proposal in response to a request for proposals;
29 (ii) "construction" shall include reconstruction, rehabilitation or
30 improvement exclusive of the installation and assembly of any medical
31 equipment, apparatus or device;
32 (iii) "medical building" means that component of a medical project
33 constituting appurtenant structures or facilities necessary to house or
34 render the remaining components of the medical project operational.
35 Medical building shall not include apparatus, equipment, devices,
36 systems, supplies or any combination thereof;
37 (iv) "medical project" means any substantial durable apparatus, equip-
38 ment, device or system, or any combination of the foregoing, including
39 services necessary to install, erect, or assemble the foregoing and any
40 appurtenant structures or facilities necessary to house or render the
41 foregoing operational, to be used for the purpose of care, treatment or
42 diagnosis of disease or injury or the relief of pain and suffering of
43 sick or injured persons. Medical projects shall not include ordinary
44 supplies and equipment expended or utilized in the customary care and
45 treatment of patients.
46 § 54. The opening paragraph of subdivision 8 of section 3402 of the
47 public authorities law, as added by chapter 9 of the laws of 1997, is
48 amended to read as follows:
49 It is the intent of the legislature that overall cost should in all
50 cases be a major criterion in the selection of project developers for
51 award of contracts pursuant to this section and that, wherever practi-
52 cal, such contracts should be entered into pursuant to the provisions of
53 [sections one hundred one and] section one hundred three of the general
54 municipal law. It is further the intent of the legislature to acknowl-
55 edge the highly complex and innovative nature of medical technology,
56 diagnostic and treatment devices, the relative newness of a variety of
S. 6456 49 A. 9556
1 devices, processes and procedures now available, the desirability of a
2 single point of responsibility for the development of medical treatment
3 and diagnostic facilities and the economic and technical utility of
4 contracts for medical projects which include in their scope various
5 combinations of design, construction, operation, management and/or main-
6 tenance responsibility over prolonged periods of time and that in some
7 instances it may be beneficial to the corporation to award a contract
8 for a medical project on the basis of factors other than capital cost
9 alone, including but not limited to facility design, system reliability,
10 efficiency, safety, long-term operating costs and compatibility with
11 other elements of patient care. Accordingly, and notwithstanding the
12 provisions of any general, special or local law or chapter, a contract
13 for a medical project entered into between the corporation and any
14 project developer pursuant to this section may be awarded pursuant to
15 public bidding in compliance with [sections one hundred one and] section
16 one hundred three of the general municipal law or pursuant to the
17 following provisions for the award of a contract based on evaluation of
18 proposals submitted in response to a request for proposals prepared by
19 or for the corporation:
20 § 55. Subdivision 9 of section 3402 of the public authorities law, as
21 added by chapter 9 of the laws of 1997, is amended to read as follows:
22 9. Every contract entered into between the corporation and a project
23 developer, pursuant to the provisions of paragraph (d) of subdivision
24 eight of this section, for a medical project involving construction of a
25 medical building by the project developer, shall contain provisions that
26 such building shall be constructed through construction contracts
27 awarded through competitive bidding in accordance with paragraphs (a)
28 through [(g)] (f) of this subdivision; that the project developer or the
29 project developer's construction subcontractor shall furnish a bond
30 guaranteeing prompt payment of moneys that are due to all persons
31 furnishing labor and materials pursuant to the requirements of such
32 construction contracts, and that a copy of such payment bond shall be
33 kept by the corporation and shall be open to public inspection;
34 provided, however, that the requirements of this subdivision shall not
35 apply when the cost of such construction, exclusive of the cost of
36 medical equipment and devices, is less than seventy-five thousand
37 dollars.
38 (a) The project developer shall advertise for bids for such
39 construction contracts in a daily newspaper having general circulation
40 in the county. Such advertisement shall contain a statement of the time
41 and place where all bids received pursuant to such notice will be
42 publicly opened and read. An employee of the corporation shall be
43 designated to open the bids at the time and place specified in the
44 notice. All bids received shall be publicly opened and read at the time
45 and place so specified. At least five days shall elapse between the
46 publication of such advertisement and date on which the bids are opened.
47 (b) [When the entire cost of constructing such building, exclusive of
48 any medical equipment, apparatus or devices, shall exceed seventy-five
49 thousand dollars, the project developer shall prepare separate specifi-
50 cations for the following subdivisions of such work, so as to permit
51 separate and independent bidding upon each subdivision:
52 (i) plumbing and gas fittings;
53 (ii) steam heating, hot water heating, ventilating and air condition-
54 ing apparatus; and
55 (iii) electric wiring and standard illuminating fixtures.
S. 6456 50 A. 9556
1 (c) After public competitive bidding, the project developer shall
2 award one or more separate contracts for each of the above subdivisions
3 of such work, whenever separate specifications are required pursuant to
4 paragraph (b) of this subdivision, and one or more contracts for the
5 remainder of such work. The project developer may award such contracts
6 at different times.] Contracts awarded pursuant to this [paragraph]
7 subdivision shall be awarded by the project developer to the lowest
8 responsible and responsive bidder and shall be contracts of the project
9 developer and not of the corporation which shall have no obligation or
10 liabilities, whatsoever, thereunder. The project developer shall have
11 the responsibility for the supervision, coordination, and termination of
12 such contracts, unless otherwise specified in contractual terms between
13 the project developer and the corporation.
14 [(d)] (c) In determining whether a prospective contractor is responsi-
15 ble and responsive, the project developer may require that prospective
16 contractors:
17 (i) have adequate financial resources or the ability to obtain such
18 resources;
19 (ii) be able to comply with the required or proposed delivery or
20 performance schedule;
21 (iii) have a satisfactory record of performance;
22 (iv) have the necessary organization, experience, operational
23 controls, and technical skills, or the ability to obtain them;
24 (v) have the necessary production, construction and technical equip-
25 ment and facilities, or the ability to obtain them; and
26 (vi) be eligible to receive an award under applicable laws and regu-
27 lations and be otherwise qualified.
28 [(e)] (d) The project developer may reject any bid of a bidder which
29 the project developer determines to be nonresponsible or nonresponsive
30 to the advertisement for bids.
31 [(f)] (e) The project developer may, in its discretion, reject all
32 bids, and may revise bid specifications and may readvertise for bids as
33 provided herein.
34 [(g)] (f) Only as used in this section:
35 (i) "project developer" means any private corporation, partnership,
36 limited liability company, or individual, or combination thereof which
37 has submitted a proposal in response to a request for proposals;
38 (ii) "construction" shall include reconstruction, rehabilitation or
39 improvement exclusive of the installation and assembly of any medical
40 equipment, apparatus or device;
41 (iii) "medical building" means that component of a medical project
42 constituting appurtenant structures or facilities necessary to house or
43 render the remaining components of the medical project operational.
44 Medical building shall not include apparatus, equipment, devices,
45 systems, supplies or any combination thereof;
46 (iv) "medical project" means any substantial durable apparatus, equip-
47 ment, device or system, or any combination of the foregoing, including
48 services necessary to install, erect, or assemble the foregoing and any
49 appurtenant structures or facilities necessary to house or render the
50 foregoing operational, to be used for the purpose of care, treatment or
51 diagnosis of disease or injury or the relief of pain and suffering of
52 sick or injured persons. Medical projects shall not include ordinary
53 supplies and equipment expended or utilized in the customary care and
54 treatment of patients.
S. 6456 51 A. 9556
1 § 56. The opening paragraph of subdivision 8 of section 3603 of the
2 public authorities law, as added by chapter 507 of the laws of 1999, is
3 amended to read as follows:
4 It is the intent of the legislature that overall costs should in all
5 cases [by] be a major criterion in the selection of project developers
6 for the award of contracts pursuant to this section and that, wherever
7 practical, such contracts should be entered into through competitive
8 bidding procedures as prescribed by [sections one hundred one and]
9 section one hundred three of the general municipal law. It is further
10 the intent of the legislature to acknowledge the highly complex and
11 innovative nature of medical technology, diagnostic and treatment
12 devices, the relative newness of a variety of devices, processes and
13 procedures now available, the desirability of a single point of respon-
14 sibility for the development of medical treatment and diagnostic facili-
15 ties and the economic and technical utility of contracts for medical
16 projects which include in their scope various combinations of design,
17 construction, operation, management and/or maintenance responsibility
18 over prolonged periods of time. In some instances it may be beneficial
19 to the corporation to award a contract for a medical project on the
20 basis of factors other than cost alone, including but not limited to
21 facility design, system reliability, efficiency, safety, and compatibil-
22 ity with other elements of patient care. Accordingly, and notwithstand-
23 ing the provisions of any general, special or local law, a contract for
24 a medical project entered into between the corporation and any project
25 developer pursuant to this article may be awarded pursuant to public
26 bidding in compliance with [sections one hundred one and] section one
27 hundred three of the general municipal law or pursuant to the following
28 provisions for the award of a contract based on evaluation of proposals
29 submitted in response to a request for proposals prepared by or for the
30 corporation:
31 § 57. Subdivision 9 of section 3603 of the public authorities law, as
32 added by chapter 507 of the laws of 1999, is amended to read as follows:
33 9. Every contract entered into between the corporation and a project
34 developer, pursuant to the provisions of paragraph (c) of subdivision
35 eight of this section, for a medical project involving construction of a
36 medical building by the project developer, shall contain provisions that
37 such building shall be constructed through construction contracts
38 awarded through bidding in accordance with paragraphs (a) through [(g)]
39 (f) of this subdivision; that the project developer or the project
40 developer's construction subcontractor shall furnish a bond guaranteeing
41 prompt payment of moneys that are due to all persons furnishing labor
42 and materials pursuant to the requirements of such construction
43 contracts, and that a copy of such payment bond shall be kept by the
44 corporation and shall be open to public inspection; provided, however,
45 that the requirements of this subdivision shall not apply when the cost
46 of such construction, exclusive of the cost of medical equipment and
47 devices, is less than seventy-five thousand dollars.
48 (a) The project developer shall advertise for bids for such
49 construction contracts in the official newspaper or newspapers, if any,
50 or otherwise in a newspaper or newspapers designated for such purpose.
51 Such advertisements shall contain a statement of the time and place
52 where all bids received pursuant to such notice will be publicly opened
53 and read. An employee of the corporation shall be designated to open
54 the bids at the time and place specified in the notice. All bids
55 received shall be publicly opened and read at the time and place so
S. 6456 52 A. 9556
1 specified. At least five days shall elapse between the publication of
2 such advertisement and date on which the bids are opened.
3 (b) [When the entire cost of constructing such building, exclusive of
4 any medical equipment, apparatus or devices, shall exceed seventy-five
5 thousand dollars, the project developer shall prepare separate specifi-
6 cations for the following subdivisions of such work, so as to permit
7 separate and independent bidding upon each subdivision:
8 (i) plumbing and gas fittings;
9 (ii) steam heating, hot water heating, ventilating and air condition-
10 ing apparatus; and
11 (iii) electric wiring and standard illuminating fixtures.
12 (c) After public competitive bidding, the project developer shall
13 award one or more separate contracts for each of the subdivisions of
14 such work set forth in subparagraphs (i), (ii) and (iii) of paragraph
15 (b) of this subdivision, whenever separate specifications are required
16 pursuant to paragraph (b) of this subdivision, and one or more contracts
17 for the remainder of such work. The project developer may award such
18 contract at different times.] Contracts awarded pursuant to this [para-
19 graph] subdivision shall be awarded by the project developer to the
20 lowest responsible and responsive bidder and shall be contracts of the
21 project developer and not of the corporation which shall have no obli-
22 gation or liabilities, whatsoever, thereunder. The project developer
23 shall have the responsibility for the supervision, coordination, and
24 termination of such contracts, unless otherwise specified in contractual
25 terms between the project developer and the corporation.
26 [(d)] (c) In determining whether a prospective contractor is responsi-
27 ble and responsive, the project developer may require that prospective
28 contractors:
29 (i) have adequate financial resources or the ability to obtain such
30 resources;
31 (ii) be able to comply with the required or proposed delivery or
32 performance schedule;
33 (iii) have a satisfactory record of performance;
34 (iv) have the necessary organization, experience, operational
35 controls, and technical skills, or the ability to obtain them;
36 (v) have the necessary production, construction and technical equip-
37 ment and facilities, or the ability to obtain them; and
38 (vi) be eligible to receive an award under applicable laws and regu-
39 lations and be otherwise qualified.
40 [(e)] (d) The project developer may reject any bid of a bidder which
41 the project developer determines to be nonresponsible or nonresponsive
42 to the advertisement for bids.
43 [(f)] (e) The project developer may, in its discretion, reject all
44 bids, and may revise bid specifications and may readvertise for bids as
45 provided herein.
46 [(g)] (f) As used in this section:
47 (i) "project developer" means any private corporation, partnership,
48 limited liability company, or individual, or combination thereof which
49 has submitted a proposal in response to a request for proposals;
50 (ii) "construction" shall include reconstruction, rehabilitation or
51 improvement exclusive of the installation and assembly of any medical
52 equipment, apparatus or device;
53 (iii) "medical building" means that component of a medical project
54 constituting appurtenant structures or facilities necessary to house or
55 render the remaining components of the medical project operational.
S. 6456 53 A. 9556
1 Medical building shall not include apparatus, equipment, devices,
2 systems, supplies or any combination thereof;
3 (iv) "medical project" means any substantial durable apparatus, equip-
4 ment, device or system, or any combination of the foregoing, including
5 services necessary to install, erect, or assemble the foregoing and any
6 appurtenant structures or facilities necessary to house or render the
7 foregoing operational, to be used for the purpose of care, treatment or
8 diagnosis of disease or injury or the relief of pain and suffering of
9 sick or injured persons. Medical projects shall not include ordinary
10 supplies and equipment expended or utilized in the customary care and
11 treatment of patients.
12 § 58. Subdivision 4 of section 279-c of the county law, as added by
13 chapter 504 of the laws of 1997, is amended to read as follows:
14 4. Every agreement entered into between the district and a private
15 entity, pursuant to subdivision one of this section, for the
16 construction of a wastewater treatment facility, shall require the
17 payment of all applicable prevailing wages pursuant to section two
18 hundred twenty of the labor law, shall require the furnishing to the
19 district of a performance bond in the full amount of the cost of such
20 construction, shall require that each contractor and subcontractor
21 performing work on such construction furnish a payment bond in the full
22 amount of its contract guaranteeing prompt payment of monies that are
23 due to all persons furnishing labor and materials to such contractor or
24 subcontractor[, and shall contain provisions that such construction, if
25 in excess of twenty thousand dollars, shall be conducted pursuant to
26 section one hundred one of the general municipal law]. A copy of the
27 above mentioned payment and performance bonds shall be kept by the
28 district and shall be open to public inspection.
29 § 59. Paragraph c of subdivision 2 of section 8 of section 1 of chap-
30 ter 359 of the laws of 1968, constituting the facilities development
31 corporation act, is amended to read as follows:
32 c. [The corporation shall prepare separate specifications for and
33 solicit separate and independent bids on and award separate contracts on
34 the subdivisions of work to be performed specified in section one
35 hundred thirty-five of the state finance law, but the corporation in its
36 discretion may assign such contracts for supervision to the successful
37 bidder for the remaining work to be performed at the time the contracts
38 for the particular health facility are awarded.] Each contract for the
39 construction of a health facility may include a provision that the
40 architect who designed the facility, or an architect or engineer
41 retained or employed specifically for the purpose of supervision, shall
42 supervise the work to be performed through to completion and shall see
43 to it that the materials furnished and the work performed are in accord-
44 ance with the drawings, plans, specifications and contracts therefor.
45 § 60. Paragraphs b, f, g and h of subdivision 2 of section 9 of
46 section 1 of chapter 359 of the laws of 1968, constituting the facili-
47 ties development corporation act, paragraphs b and f as amended by chap-
48 ter 658 of the laws of 1973, the opening paragraph of subparagraph (i)
49 of paragraph b as amended by chapter 166 of the laws of 1991, paragraph
50 g as amended by chapter 127 of the laws of 2000 and paragraph h as
51 amended by chapter 351 of the laws of 1989, are amended to read as
52 follows:
53 b. (i) The corporation may design, construct, reconstruct, rehabili-
54 tate and improve a mental hygiene facility, other than a community
55 mental health and retardation facility, whether as principal or as agent
56 for the state housing finance agency or the medical care facilities
S. 6456 54 A. 9556
1 finance agency, only by agreement with the commissioner of general
2 services, except that in the case a mental hygiene facility owned or
3 leased by a voluntary agency that is to be designed, constructed, recon-
4 structed, rehabilitated and improved under any lease, sublease, loan or
5 other financing agreement entered into with such voluntary agency, or
6 jointly with such voluntary agency and one or more voluntary agencies
7 that operate such facility the same may be designed, constructed, recon-
8 structed, rehabilitated and improved by such voluntary agencies, and
9 except that:
10 (a) if the commissioner of general services for any reason declines to
11 enter into an agreement with the corporation for such purpose; or
12 (b) if the commissioner of general services fails to enter into an
13 agreement with the corporation for such purpose within forty-five days
14 after receiving notification from the directors of the corporation of
15 the work to be performed; or
16 (c) if the commissioner of general services fails to advertise such
17 work for bids within one year after entering into an agreement with the
18 corporation for the performance of such work; or
19 (d) if the estimated expense of any such work is less than ten thou-
20 sand dollars, the corporation may construct, reconstruct, rehabilitate
21 and improve a mental hygiene facility by its own employees or by
22 contract awarded pursuant to paragraph [g] f of this subdivision.
23 (ii) The corporation, with the approval of the director of the budget,
24 may construct, reconstruct, rehabilitate and improve a community mental
25 health and retardation facility by its own employees, by agreement with
26 a city or county or with any state department or agency authorized to
27 perform such work, or by contract awarded pursuant to paragraph [g] f of
28 this subdivision. All contracts awarded by a city or county on behalf of
29 the corporation shall be awarded pursuant to paragraph [g] f of this
30 subdivision, notwithstanding any provision of any general, special or
31 local law or any charter.
32 f. [If the corporation is the letting agency, whether as principal or
33 as agent for the state housing finance agency, the directors of the
34 corporation shall prepare separate specifications for, and solicit sepa-
35 rate and independent bids on, and award, separate contracts on the
36 subdivisions of work to be performed specified in section one hundred
37 thirty-five of the state finance law, but the directors of the corpo-
38 ration may in their discretion assign such contracts for supervision to
39 the successful bidder for the remaining work to be performed at the time
40 the contracts for the particular mental hygiene facility are awarded.
41 g.] All contracts which are to be awarded pursuant to this paragraph
42 shall be awarded by public letting in accordance with the following
43 provisions, notwithstanding any contrary provision of section one
44 hundred thirty-six, one hundred thirty-nine or one hundred forty of the
45 state finance law, except that in the discretion of the directors of the
46 corporation, a contract may be entered into for such purposes without
47 public letting where the estimated expense thereof is no more than forty
48 thousand dollars:
49 (i) If contracts are to be publicly let, the directors of the corpo-
50 ration shall advertise the invitation to bid in a newspaper published in
51 the county of Albany and in such other newspapers as will be most likely
52 in their opinion to give adequate notice to contractors of the work
53 required and of the invitation to bid. The invitation to bid shall
54 contain such information as the directors of the corporation shall deem
55 appropriate and a statement of the time and place where all bids
56 received pursuant to such notice will be publicly opened and read.
S. 6456 55 A. 9556
1 (ii) The directors of the corporation shall not award any contract
2 after public bidding except to the lowest bidder who in their opinion is
3 qualified to perform the work required and is responsible and reliable.
4 The directors of the corporation may, however, reject any or all bids,
5 again advertise for bids, or waive any informality in a bid if they
6 believe that the public interest will be promoted thereby. The directors
7 of the corporation may reject any bid if in their judgment the business
8 and technical organization, plant, resources, financial standing or
9 business experience of the bidder, compared with the work to be
10 performed, justify such rejection.
11 (iii) The invitation to bid and the contract awarded shall contain
12 such other terms and conditions, and such provisions for penalties, as
13 the directors of the corporation may deem desirable.
14 (iv) The directors of the corporation shall require such deposits,
15 bonds and security in connection with the submission of bids, the award
16 of contracts and the performance of work as they shall determine to be
17 in the public interest and for the protection of the state and affected
18 state agencies, including the corporation.
19 [h.] g. The directors of the corporation shall determine when minor
20 work of construction, reconstruction, alteration or repair of any mental
21 hygiene facility may be done by special order. Special orders for such
22 work shall be short-form contracts approved by the attorney general and
23 by the comptroller. No work shall be done by special order in an amount
24 in excess of twenty thousand dollars and a bond shall not be required
25 for special orders. No work shall be done by special order unless the
26 directors have presented to the comptroller evidence that they have made
27 a diligent effort to obtain competition sufficient to protect the inter-
28 ests of the state prior to selecting the contractor to perform the work.
29 Notwithstanding the provisions of paragraph [g] f of this subdivision,
30 work done by special order under this paragraph may be advertised
31 through the regular public notification service of the office of general
32 services or the state register. At least five days shall elapse between
33 the first publication of such public notice and the date so specified
34 for the public opening of bids. The directors may also authorize the
35 corporation to enter into special order contracts using bids advertised
36 for, received and opened by any office of the department, in compliance
37 with this act and all other applicable laws, and transmitted to the
38 corporation. All payments on special orders shall be made on the certif-
39 icate of the directors of the corporation and audited and approved by
40 the state comptroller. All special orders shall contain a clause that
41 the special order shall only be deemed executory to the extent of the
42 moneys available and no liability shall be incurred by the state beyond
43 the moneys available for the purpose.
44 § 61. Subdivision (c) of section 4 of chapter 560 of the laws of 1980,
45 authorizing the city of New York to adopt a solid waste management law,
46 is amended to read as follows:
47 (c) [Every contract, lease or other agreement entered into, pursuant
48 to this section, by the city of New York for construction, recon-
49 struction, rehabilitation or improvement of buildings for a solid waste
50 recovery and management facility shall contain a provision that, when
51 the entire cost of such work shall exceed fifty thousand dollars, sepa-
52 rate specifications shall be prepared for the following three subdivi-
53 sions of work:
54 (1) Plumbing and gas fitting;
55 (2) Steam heating, hot water heating, ventilating and air conditioning
56 apparatus; and
S. 6456 56 A. 9556
1 (3) Electric wiring and standard illuminating fixtures.
2 Such specifications shall be drawn to permit the letting of separate
3 and independent contracts by the developer for each of these three
4 subdivisions of work. The city of New York may, at its discretion,
5 direct that such specifications include minimum qualifications for
6 bidders with regard to licensing, bonding capacity, minority partic-
7 ipation, and past performance on prior contracts. Every developer under-
8 taking the construction, reconstruction, rehabilitation, or improvement
9 of the buildings of a solid waste recovery and management facility
10 pursuant to the provisions of its contract with the city of New York
11 shall let separate contracts to the lowest responsible bidder for the
12 three subdivisions of the above specified work, to any persons who are
13 responsible and reliable bidders engaged in these classes of work. Any
14 such contracts shall be contracts of the developer and not of the city
15 of New York. The city of New York shall have no obligations or liabil-
16 ities, whatsoever, thereunder. The developer shall have the responsibil-
17 ity for supervision and coordination of work under such separate
18 contracts.]
19 The city of New York shall [also] have the right to reject any bidder
20 not meeting the reasonable and justifiable qualifications that it has
21 established for bidders. All qualified bidders engaged in the above
22 specified work shall be entitled to bid and to receive, upon request, a
23 copy of the plans and specifications. All such bids shall be delivered
24 to such city and be opened publicly at a stated time and place, by a
25 designated municipal employee.
26 Notwithstanding any law or agreement that requires a bond or bonds,
27 the city of New York shall in addition require, prior to the approval of
28 any contract, lease, or agreement providing for the construction, recon-
29 struction, rehabilitation, or improvement of any building for a solid
30 waste recovery and management facility, that the developer, if other
31 than the city of New York, furnish a bond guaranteeing prompt payment of
32 moneys that are due to all persons furnishing labor or materials in the
33 conduct of work provided for in such contract, lease, or other agree-
34 ment. A copy of such payment bond shall be kept by the city and shall be
35 open to public inspection.
36 [The requirements to subcontract, contained herein, shall not apply to
37 the system to be used for receiving, processing, handling or storing
38 waste, or the products and by-products derived therefrom, or materials
39 used in such processing or handling of the system and any equipment or
40 property involving proprietary or trade secrets.]
41 § 62. Section 11 of chapter 795 of the laws of 1967, relating to the
42 construction of boards of cooperative educational services buildings, is
43 REPEALED.
44 § 63. Subdivision 1 of section 11 of section 1 of chapter 174 of the
45 laws of 1968, constituting the New York state urban development corpo-
46 ration act, is amended to read as follows:
47 (1) Construction contracts let by [the corporation shall be in
48 conformity with the applicable provisions of section one hundred thir-
49 ty-five of the state finance law, provided, however, that construction
50 contracts let by] subsidiaries of the corporation which are housing
51 companies shall be governed by the applicable provisions of the private
52 housing finance law[; provided further, however, that in the case of
53 industrial projects, whenever the corporation determines that trade
54 secrets or other confidential information about the prospective project
55 occupant's business operations, products, processes or designs would be
56 revealed by public bidding, the requirements of section one hundred
S. 6456 57 A. 9556
1 thirty-five of the state finance law with respect to public bidding may
2 be waived. In such event, separate specifications shall be prepared for,
3 and separate and independent contracts shall be entered into, for the
4 following three subdivisions of work to be performed: (a) plumbing and
5 gas fitting; (b) steam heating, hot water heating, ventilating and air
6 conditioning apparatus; and (c) electric wiring and standard illuminat-
7 ing fixtures].
8 § 64. Section 9 of chapter 892 of the laws of 1971, amending the
9 public authorities law relating to construction by the dormitory author-
10 ity, is REPEALED.
11 § 65. Section 21 of chapter 464 of the laws of 1972, amending the
12 public authorities law and other laws relating to providing facilities
13 for community colleges and the powers of the state university trustees,
14 is REPEALED.
15 § 66. Section 29 of chapter 337 of the laws of 1972, amending the
16 correction law and other laws relating to facilities for the department
17 of correctional services, is REPEALED.
18 § 67. Subdivision 3 of section 6 of chapter 345 of the laws of 1968,
19 establishing a United Nations development district and formulating and
20 administering plans for the development of such district, as amended by
21 chapter 623 of the laws of 1971, is amended to read as follows:
22 (3) to undertake or cause its subsidiary corporation or corporations
23 to undertake, or otherwise to have undertaken on behalf of the corpo-
24 ration, the execution of a development plan or of a portion thereof, and
25 the financing, acquisition, construction, rehabilitation, improvement,
26 operation and management of any project or portion thereof, including
27 attendant relocation facilities, [provided however, that all contracts
28 let by the corporation or by a subsidiary (rather than a sponsor or a
29 person, firm or corporation acting as sponsor in lieu of the corporation
30 or its subsidiaries) for the erection, construction, or alteration of
31 buildings shall be let in conformity with the provisions of section one
32 hundred thirty-five of the state finance law,]
33 § 68. Subdivision 5 of section 5 of chapter 35 of the laws of 1979,
34 appropriating funds to the New York state urban development corporation,
35 as amended by chapter 3 of the laws of 2004, is amended to read as
36 follows:
37 (5) Any contract for construction with respect to the convention
38 center, including the expansion project, and any convention center hotel
39 shall be awarded in conformity with the provisions of section eleven of
40 the New York state urban development corporation act[, and section one
41 hundred thirty-five of the state finance law as referred to therein].
42 Notwithstanding the provisions of this act or of any general or special
43 law to the contrary, for any contract for construction with respect to
44 the convention center, including the expansion project and any conven-
45 tion center hotel, the development corporation and/or the operating
46 corporation shall consider the financial and organizational capacity of
47 contractors and subcontractors in relation to the magnitude of work they
48 may perform, the record of performance of contractors and subcontractors
49 on previous work, the record of contractors and subcontractors in
50 complying with existing labor standards and maintaining harmonious labor
51 relations, and the commitment of contractors to work with minority and
52 women owned business enterprises pursuant to article 15-A of the execu-
53 tive law through joint ventures or subcontractor relationships. The
54 development corporation and/or the operating corporation shall further
55 require, on any contract for construction in excess of one million
56 dollars with respect to the convention center, including the expansion
S. 6456 58 A. 9556
1 project and any convention center hotel, that each contractor and
2 subcontractor shall participate in apprentice training programs in the
3 trades of work it employs that have been approved by the state depart-
4 ment of labor for not less than three years.
5 § 69. Subdivision 5 of section 4 of chapter 735 of the laws of 1979,
6 providing for construction of an American stock exchange/office facility
7 in New York county, is amended to read as follows:
8 (5) Any contract for construction with respect to the exchange facili-
9 ty shall be awarded in conformity with the provisions of section eleven
10 of the UDC act, [and section one hundred thirty-five of the state
11 finance law as referred to therein,] provided that the determination by
12 the development corporation of whether a bidder is "responsible" shall
13 include (but need not be limited to) consideration, as set forth in the
14 bidding documents, of the financial and organizational capacity of the
15 bidder in relation to the magnitude of the contract, the record of
16 performance of the bidder on previous work, the record of the bidder in
17 complying with existing labor standards, maintaining harmonious labor
18 relations and recognizing state and federally approved apprentice train-
19 ing programs, and the ability and willingness of the bidder to provide,
20 and to commit to provide, for meaningful participation of minority group
21 persons and business enterprise in the conduct of the work.
22 § 70. Section 23 of chapter 825 of the laws of 1987, amending the
23 public authorities law and other laws relating to the construction and
24 improvement of court facilities, is amended to read as follows:
25 § 23. Notwithstanding the provisions of any other general, special or
26 local law, charter or ordinance or any provision herein to the contrary,
27 all contracts for construction, reconstruction, rehabilitation or
28 improvements undertaken pursuant to the provisions of this act shall be
29 subject to the provisions of [sections one hundred one and] section one
30 hundred three of the general municipal law.
31 § 71. Subdivision 4 of section 10 of chapter 592 of the laws of 1998,
32 constituting the Hudson river park act, is amended to read as follows:
33 4. The trust shall be subject to article 9 of the public authorities
34 law, and its contracts shall be subject to [section 135 of the state
35 finance law and] the provisions of state law pertaining to prevailing
36 wages, labor standards and working hours. The trust shall be deemed a
37 "state agency" for purposes of article 15-A of the executive law and its
38 contracts for procurement, design, construction, services and materials
39 shall be deemed state contracts within the meaning of that term as set
40 forth in such article 15-A.
41 § 72. Subdivisions (a) and (b) of section 4545 of the civil practice
42 law and rules are REPEALED and subdivisions (c) and (d) are relettered
43 subdivisions (a) and (b).
44 § 73. Subdivision (a) of section 4545 of the civil practice law and
45 rules, as added by chapter 220 of the laws of 1986 and relettered by
46 section seventy-two of this act, is amended to read as follows:
47 (a) Actions for personal injury, injury to property or wrongful death.
48 In any action brought to recover damages for personal injury, injury to
49 property or wrongful death, where the plaintiff seeks to recover for the
50 cost of medical care, dental care, podiatric care, custodial care or
51 rehabilitation services, loss of earnings or other economic loss,
52 evidence shall be admissible for consideration by the court to establish
53 that any such past or future cost or expense was or will, with reason-
54 able certainty, be replaced or indemnified, in whole or in part, from
55 any collateral source such as insurance (except for life insurance),
56 social security (except those benefits provided under title XVIII of the
S. 6456 59 A. 9556
1 social security act), workers' compensation or employee benefit programs
2 (except such collateral sources entitled by law to liens against any
3 recovery of the plaintiff). If the court finds that any such cost or
4 expense was or will, with reasonable certainty, be replaced or indem-
5 nified from any collateral source, it shall reduce the amount of the
6 award by such finding, minus an amount equal to the premiums paid by the
7 plaintiff for such benefits for the two-year period immediately preced-
8 ing the accrual of such action and minus an amount equal to the project-
9 ed future cost to the plaintiff of maintaining such benefits. In order
10 to find that any future cost or expense will, with reasonable certainty,
11 be replaced or indemnified by the collateral source, the court must find
12 that the plaintiff is legally entitled to the continued receipt of such
13 collateral source, pursuant to a contract or otherwise enforceable
14 agreement, subject only to the continued payment of a premium and such
15 other financial obligations as may be required by such agreement.
16 § 74. Subdivision (e) of rule 4111 of the civil practice law and rules
17 is REPEALED.
18 § 75. Subdivision (f) of rule 4111 of the civil practice law and
19 rules, as amended by chapter 100 of the laws of 1994, is amended to read
20 as follows:
21 [(f)] (e) Itemized verdict in certain actions. In an action brought to
22 recover damages for personal injury, injury to property or wrongful
23 death, which is not subject to [subdivisions] subdivision (d) [and (e)]
24 of this rule, the court shall instruct the jury that if the jury finds a
25 verdict awarding damages, it shall in its verdict specify the applicable
26 elements of special and general damages upon which the award is based
27 and the amount assigned to each element including, but not limited to,
28 medical expenses, dental expenses, podiatric expenses, loss of earnings,
29 impairment of earning ability, and pain and suffering. Each element
30 shall be further itemized into amounts intended to compensate for
31 damages that have been incurred prior to the verdict and amounts
32 intended to compensate for damages to be incurred in the future. In
33 itemizing amounts intended to compensate for future damages, the jury
34 shall set forth the period of years over which such amounts are intended
35 to provide compensation. In actions in which article fifty-A or fifty-B
36 of this chapter applies, in computing said damages, the jury shall be
37 instructed to award the full amount of future damages, as calculated,
38 without reduction to present value.
39 § 76. Subdivision (b) of section 4213 of the civil practice law and
40 rules, as separately amended by chapters 485 and 682 of the laws of
41 1986, is amended to read as follows:
42 (b) Form of decision. The decision of the court may be oral or in
43 writing and shall state the facts it deems essential. In [a medical,
44 dental or podiatric malpractice action or in an action against a public
45 employer or a public employee who is subject to indemnification by a
46 public employer with respect to such action or both, as such terms are
47 defined in subdivision (b) of section forty-five hundred forty-five, for
48 personal injury or wrongful death arising out of an injury sustained by
49 a public employee while acting within the scope of his public employment
50 or duties, and in] any [other] action brought to recover damages for
51 personal injury, injury to property, or wrongful death, a decision
52 awarding damages shall specify the applicable elements of special and
53 general damages upon which the award is based and the amount assigned to
54 each element, including but not limited to medical expenses, dental
55 expenses, podiatric expenses, loss of earnings, impairment of earning
56 ability, and pain and suffering. In [a medical, dental or podiatric
S. 6456 60 A. 9556
1 malpractice action, and in] any [other] such action [brought to recover
2 damages for personal injury, injury to property, or wrongful death],
3 each element shall be further itemized into amounts intended to compen-
4 sate for damages which have been incurred prior to the decision and
5 amounts intended to compensate for damages to be incurred in the future.
6 In itemizing amounts intended to compensate for future damages, the
7 court shall set forth the period of years over which such amounts are
8 intended to provide compensation. In computing said damages, the court
9 shall award the full amount of future damages, as calculated, without
10 reduction to present value.
11 § 77. Subdivision 1 of section 3-a of the general municipal law, as
12 amended by chapter 4 of the laws of 1991, is amended to read as follows:
13 1. Except as provided in subdivisions two, four and five of this
14 section, the rate of interest to be paid by a municipal corporation upon
15 any judgment or accrued claim against the municipal corporation shall
16 [not exceed nine per centum per annum] be calculated at a rate equal to
17 the weekly average one year constant maturity treasury yield, as
18 published by the board of governors of the federal reserve system, for
19 the calendar week preceding the date of the entry of the judgment award-
20 ing damages. In no event, however, shall a municipal corporation pay a
21 rate of interest on any judgment or accrued claim more than nine per
22 centum per annum.
23 § 78. Subdivision 5 of section 157 of the public housing law, as
24 amended by chapter 681 of the laws of 1982, is amended to read as
25 follows:
26 5. The rate of interest to be paid by an authority upon any judgment
27 or accrued claim against the authority shall [not exceed nine per centum
28 per annum] be calculated at a rate equal to the weekly average one year
29 constant maturity treasury yield, as published by the board of governors
30 of the federal reserve system, for the calendar week preceding the date
31 of the entry of the judgment awarding damages. In no event, however,
32 shall an authority pay a rate of interest on any judgment or accrued
33 claim more than nine per centum per annum.
34 § 79. Section 16 of the state finance law, as amended by chapter 681
35 of the laws of 1982, is amended to read as follows:
36 § 16. Rate of interest on judgments and accrued claims against the
37 state. The rate of interest to be paid by the state upon any judgment
38 or accrued claim against the state shall [not exceed nine per centum per
39 annum] be calculated at a rate equal to the weekly average one year
40 constant maturity treasury yield, as published by the board of governors
41 of the federal reserve system, for the calendar week preceding the date
42 of the entry of the judgment awarding damages. In no event, however,
43 shall the state pay a rate of interest on any judgment or accrued claim
44 more than nine per centum per annum.
45 § 80. Section 1 of chapter 585 of the laws of 1939, relating to the
46 rate of interest to be paid by certain public corporations upon judg-
47 ments and accrued claims, as amended by chapter 681 of the laws of 1982,
48 is amended to read as follows:
49 Section 1. The rate of interest to be paid by a public corporation
50 upon any judgment or accrued claim against the public corporation shall
51 [not exceed nine per centum per annum] be calculated at a rate equal to
52 the weekly average one year constant maturity treasury yield, as
53 published by the board of governors of the federal reserve system, for
54 the calendar week preceding the date of the entry of the judgment award-
55 ing damages. In no event, however, shall a public corporation pay a
56 rate of interest on any judgment or accrued claim more than nine per
S. 6456 61 A. 9556
1 centum per annum. The term "public corporation" as used in this act
2 shall mean and include every corporation created for the construction of
3 public improvements, other than a county, city, town, village, school
4 district or fire district or an improvement district established in a
5 town or towns, and possessing both the power to contract indebtedness
6 and the power to collect rentals, charges, rates or fees for services or
7 facilities furnished or supplied.
8 § 81. Section 3813 of the education law is amended by adding a new
9 subdivision 5 to read as follows:
10 5. Exclusive jurisdiction is hereby conferred upon the court of claims
11 to hear and determine the claims of any person against any of the
12 parties named in this section or the claims of any person against any
13 teacher or member of the supervisory or administrative staff or other
14 officers and employees of such parties that arise out of their employ-
15 ment, for damages for personal injury, injury to property of wrongful
16 death, and to make awards and render judgments therefor. Such claims
17 shall be subject to the court of claims act and shall be heard and
18 determined in the manner provided in such act for the determination of
19 claims against the state; provided, however, that (i) the provisions of
20 section twenty-a of the court of claims act shall not apply to such
21 claims, (ii) notwithstanding any inconsistent provisions of the court of
22 claims act, the provisions of sections fifty-e, fifty-h and fifty-i of
23 the general municipal law shall apply to such claims, and (iii) all
24 references in the court of claims act to the attorney general shall be
25 deemed to refer to the chief legal officer of the governing body of the
26 district or school with respect to which the claim is made and all
27 references in such act to the comptroller shall be deemed to refer to
28 the officer or body having power to adjust and pay claims against such
29 district or school.
30 § 82. Subdivision 1 of section 6224 of the education law, as amended
31 by chapter 711 of the laws of 1982, is amended to read as follows:
32 1. (a) The provisions of sections fifty-e, fifty-h and fifty-i of the
33 general municipal law shall, notwithstanding any inconsistent provision
34 of law, continue to apply to actions and proceedings based on a cause of
35 action involving a community college of the city university of New York
36 or an officer, agent, servant or employee of such community college
37 acting in the course of his or her employment. [The] Except as otherwise
38 provided in paragraph (b) of this subdivision, the provisions of subdi-
39 visions four, five and six of this section shall not apply to such
40 actions and proceedings.
41 (b) Exclusive jurisdiction is hereby conferred upon the court of
42 claims to hear and determine the claims of any person against a communi-
43 ty college of the city university of New York or any officer, agent,
44 servant or employee of a community college of the city university of New
45 York that arise out of their employment for damages for personal injury,
46 injury to property or wrongful death and to make awards and render judg-
47 ments therefor. Such claims shall be subject to the court of claims act
48 and shall be heard and determined in the manner provided in such act for
49 the determination of claims against the state; provided, however, that
50 (i) the provisions of section twenty-a of the court of claims act shall
51 not apply to such claims, (ii) notwithstanding any inconsistent
52 provisions of the court of claims act, the provisions of sections
53 fifty-e, fifty-h and fifty-i of the general municipal law shall apply to
54 such claims, and (iii) all references in the court of claims act to the
55 attorney general and the comptroller shall be deemed to refer to the
56 corporation counsel of the city of New York and the comptroller of the
S. 6456 62 A. 9556
1 city of New York, respectively. All awards and judgments against such
2 college arising out of such claims shall be paid in the manner provided
3 by law for the payment of awards and judgments against the city of New
4 York.
5 § 83. Section 569-a of the public authorities law is amended by adding
6 a new subdivision 3 to read as follows:
7 3. Exclusive jurisdiction is hereby conferred upon the court of claims
8 to hear and determine the claims of any person against the authority or
9 the claims of any person against the officers and employees thereof that
10 arise out of their employment, for damages for personal injury, injury
11 to property or wrongful death and to make awards and render judgments
12 therefor. Such claims shall be subject to the court of claims act and
13 shall be heard and determined in the manner provided in such act for the
14 determination of claims against the state; provided, however, that (i)
15 the provisions of section twenty-a of the court of claims act shall not
16 apply to such claims, (ii) notwithstanding any inconsistent provisions
17 of the court of claims act, the provisions of this section shall apply
18 to such claims, and (iii) all references in the court of claims act to
19 the attorney general and the comptroller shall be deemed to refer to the
20 general counsel of the authority and the authority, respectively. All
21 awards and judgments against the authority arising out of such claims
22 shall be paid in the manner provided by law out of the monies of the
23 authority.
24 § 84. Section 1212 of the public authorities law is amended by adding
25 a new subdivision 7 to read as follows:
26 7. Exclusive jurisdiction is hereby conferred upon the court of claims
27 to hear and determine the claims of any person against the authority or
28 the claims of any person against the officers and employees thereof that
29 arise out of their employment, for damages for personal injury, injury
30 to property or wrongful death and to make awards and render judgments
31 therefor. Such claims shall be subject to the court of claims act and
32 shall be heard and determined in the manner provided in such act for the
33 determination of claims against the state; provided, however, that (i)
34 the provisions of section twenty-a of the court of claims act shall not
35 apply to such claims, (ii) notwithstanding any inconsistent provisions
36 of the court of claims act, the provisions of this section shall apply
37 to such claims, and (iii) all references in the court of claims act to
38 the attorney general and the comptroller shall be deemed to refer to the
39 general counsel of the authority and the authority, respectively. All
40 awards and judgments against the authority arising out of such claims
41 shall be paid in the manner provided by law out of the monies of the
42 authority.
43 § 85. Section 1276 of the public authorities law is amended by adding
44 a new subdivision 7 to read as follows:
45 7. Exclusive jurisdiction is hereby conferred upon the court of claims
46 to hear and determine the claims of any person against the authority or
47 the claims of any person against the officers and employees thereof that
48 arise out of their employment, for damages for personal injury, injury
49 to property or wrongful death and to make awards and render judgments
50 therefor. Such claims shall be subject to the court of claims act and
51 shall be heard and determined in the manner provided in such act for the
52 determination of claims against the state; provided, however, that (i)
53 the provisions of section twenty-a of the court of claims act shall not
54 apply to such claims, (ii) notwithstanding any inconsistent provisions
55 of the court of claims act, the provisions of this section shall apply
56 to such claims, and (iii) all references in the court of claims act to
S. 6456 63 A. 9556
1 the attorney general and the comptroller shall be deemed to refer to the
2 general counsel of the authority and the authority, respectively. All
3 awards and judgments against the authority arising out of such claims
4 shall be paid in the manner provided by law out of the monies of the
5 authority.
6 § 86. Section 402-a of the public housing law is amended by adding a
7 new subdivision 16 to read as follows:
8 16. Exclusive jurisdiction is hereby conferred upon the court of
9 claims to hear and determine the claims of any person against the New
10 York city housing authority or the claims of any person against the
11 employees thereof that arise out of their employment, for damages for
12 personal injury, injury to property or wrongful death and to make awards
13 and render judgments therefor. Such claims shall be subject to the court
14 of claims act and shall be heard and determined in the manner provided
15 in such act for the determination of claims against the state; provided,
16 however, that (i) the provisions of section twenty-a of the court of
17 claims act shall not apply to such claims, (ii) notwithstanding any
18 inconsistent provisions of the court of claims act, the provisions of
19 this section shall apply to such claims, and (iii) all references in the
20 court of claims act to the attorney general and the comptroller shall be
21 deemed to refer to the general counsel of the New York city housing
22 authority and the New York city housing authority, respectively. All
23 awards and judgments against the New York city housing authority arising
24 out of such claims shall be paid in the manner provided by law out of
25 the monies of the authority.
26 § 87. Section 618 of the racing, pari-mutuel wagering and breeding law
27 is amended by adding a new subdivision 7 to read as follows:
28 7. Exclusive jurisdiction is hereby conferred upon the court of claims
29 to hear and determine the claims of any person against the corporation
30 or the claims of any person against the employees thereof that arise out
31 of their employment, for damages for personal injury, injury to property
32 or wrongful death and to make awards and render judgments therefor. Such
33 claims shall be subject to the court of claims act and shall be heard
34 and determined in the manner provided in such act for the determination
35 of claims against the state; provided, however, that (i) the provisions
36 of section twenty-a of the court of claims act shall not apply to such
37 claims, (ii) notwithstanding any inconsistent provisions of the court of
38 claims act, the provisions of this section shall apply to such claims,
39 and (iii) all references in the court of claims act to the attorney
40 general and the comptroller shall be deemed to refer to the corporation
41 counsel of the city of New York and the corporation, respectively. All
42 awards and judgments against the corporation arising out of such claims
43 shall be paid in the manner provided by law out of the monies of the
44 corporation.
45 § 88. Section 20 of section 1 of chapter 1016 of the laws of 1969,
46 constituting the New York city health and hospitals corporation act, is
47 amended by adding a new subdivision 2-a to read as follows:
48 2-a. Exclusive jurisdiction is hereby conferred upon the court of
49 claims to hear and determine the claims of any person against the corpo-
50 ration or the claims of any person against the officers and employees
51 thereof that arise out of their employment, for damages for personal
52 injury, injury to property or wrongful death and to make awards and
53 render judgments therefor. Such claims shall be subject to the court of
54 claims act and shall be heard and determined in the manner provided in
55 such act for the determination of claims against the state; provided,
56 however, that (i) the provisions of section 20-a of the court of claims
S. 6456 64 A. 9556
1 act shall not apply to such claims, (ii) notwithstanding any inconsist-
2 ent provisions of the court of claims act, the provisions of this
3 section shall apply to such claims, and (iii) all references in the
4 court of claims act to the attorney general and the comptroller shall be
5 deemed to refer to the corporation counsel of the city of New York and
6 the comptroller of the city of New York, respectively. All awards and
7 judgments against the corporation arising out of such claims shall be
8 paid in the manner provided by law for the payment of awards and judg-
9 ments against the city of New York.
10 § 89. Section 1136 of the public authorities law, as added by chapter
11 592 of the laws of 1991, is amended to read as follows:
12 § 1136. Construction and purchase contracts. The authority shall let
13 contracts for construction or purchase of supplies, materials or equip-
14 ment pursuant to [sections one hundred one and] section one hundred
15 three of the general municipal law. Nothing in this section shall be
16 construed to limit the powers of the authority to do any construction
17 directly by the officers, agents and employees of the authority.
18 § 90. Section 2052-k of the public authorities law, as added by chap-
19 ter 683 of the laws of 1992, is amended to read as follows:
20 § 2052-k. Construction and purchase contracts. The authority shall let
21 contracts for construction or purchase of supplies, materials, or equip-
22 ment pursuant to [sections one hundred one and] section one hundred
23 three of the general municipal law. Nothing in this section shall be
24 construed to limit the powers of the authority to do any construction
25 directly by the officers, agents and employees of the authority.
26 § 91. The opening paragraph of subdivision 10 of section 3628 of the
27 public authorities law, as added by chapter 143 of the laws of 2003, is
28 amended to read as follows:
29 It is the intent of the legislature that overall cost shall in all
30 cases be a major criterion in the selection of project developers for
31 award of contracts pursuant to this section and that, whenever practi-
32 cal, such contracts shall be entered into through competitive bidding
33 procedures, as prescribed by [sections one hundred one and] section one
34 hundred three of the general municipal law. It is further the intent of
35 the legislature to acknowledge the highly complex and innovative nature
36 of medical technology and diagnostic and treatment devices, the relative
37 newness of a variety of devices, processes, and procedures now avail-
38 able, the desirability of a single point of responsibility for the
39 development of medical treatment and diagnostic facilities, and the
40 economic and technical utility of contracts for medical projects which
41 include in their scope various combinations of design, construction,
42 operation, management, or maintenance responsibility, or any combination
43 thereof, over prolonged periods of time, and to acknowledge that, in
44 some instances, it may be beneficial to the corporation to award a
45 contract for a medical project on the basis of factors other than cost
46 alone, including, but not limited to, facility design, system reliabil-
47 ity, efficiency, safety, and compatibility with other elements of
48 patient care. Accordingly, and notwithstanding the provisions of any
49 general, special, or local law or charter, a contract for a medical
50 project entered into between the corporation and any project developer
51 pursuant to this section may be awarded pursuant to public bidding in
52 compliance with [sections one hundred one and] section one hundred three
53 of the general municipal law or pursuant to the following provisions for
54 the award of a contract based on an evaluation of proposals submitted in
55 response to a request for proposals prepared by or for the corporation:
S. 6456 65 A. 9556
1 § 92. Subdivision c of section 119-n of the general municipal law, as
2 amended by chapter 331 of the laws of 1970, is amended to read as
3 follows:
4 c. The term "joint service" means joint provision of any municipal
5 facility, service, activity, project or undertaking or the joint
6 performance or exercise of any function or power which each of the
7 municipal corporations or districts has the power by any other general
8 or special law to provide, perform or exercise, separately and, to
9 effectuate the purposes of this article, shall include extension of
10 appropriate territorial jurisdiction necessary therefor. For purposes
11 of this article, each municipal corporation shall be deemed to have the
12 power to provide, perform or exercise a joint service which is the
13 subject of an agreement entered into pursuant to section one hundred
14 nineteen-o of this article, upon entering such agreement and for the
15 term of such agreement, where one or more municipal corporations which
16 are parties to the agreement have such power by any other general or
17 special law.
18 § 93. Subdivision 1 of section 119-o of the general municipal law, as
19 amended by chapter 623 of the laws of 1998, is amended to read as
20 follows:
21 1. In addition to any other general or special powers vested in munic-
22 ipal corporations and districts for the performance of their respective
23 functions, powers or duties on an individual, cooperative, joint or
24 contract basis, municipal corporations and districts shall have power to
25 enter into, amend, cancel and terminate agreements for the performance
26 among themselves or one for the other of their respective functions,
27 powers and duties on a cooperative or contract basis or for the
28 provision of a joint service or a joint water, sewage or drainage
29 project. Notwithstanding the foregoing grant of authority, the tempo-
30 rary investment of moneys by more than one municipal corporation or
31 district pursuant to a municipal cooperation agreement which meets the
32 definition of "cooperative investment agreement" as set forth in article
33 three-A of this chapter shall be in compliance with all of the require-
34 ments of that article. Any agreement entered into hereunder shall be
35 approved by each participating municipal corporation or district by a
36 majority vote of the voting strength of its governing body. Where
37 the authority of any municipal corporation or district to perform by
38 itself any function, power and duty or to provide by itself any facili-
39 ty, service, activity, project or undertaking or the financing thereof
40 is, by any other general or special law, subject to a public hearing,
41 a mandatory or permissive referendum, consents of governmental agen-
42 cies, or other requirements applicable to the making of contracts,
43 or where its authority to undertake such joint service or function is
44 accorded upon entering the agreement and at least one other party to
45 such agreement is subject to one or more such requirements, then its
46 right to participate in an agreement hereunder shall be similarly
47 conditioned.
48 § 94. Section 3 of the public officers law is amended by adding a new
49 subdivision 2-d to read as follows:
50 2-d. Neither the provisions of this section, nor of any general,
51 special or local law, charter, code, ordinance, resolution, rule or
52 regulation, requiring a person to be a resident of the political subdi-
53 vision or municipal corporation of the state for which he or she shall
54 be chosen or within which his or her official functions are required to
55 be exercised, shall apply to the appointment or assignment of any offi-
56 cer to carry out any lawful function or duty related to the carrying out
S. 6456 66 A. 9556
1 of an inter-municipal agreement adopted pursuant to article five-G of
2 the general municipal law. Nothing in this subdivision shall invalidate
3 any prior inter-municipal agreement pursuant to article five-G of the
4 general municipal law or any official acts conducted pursuant thereto.
5 § 95. The general municipal law is amended by adding a new article
6 12-I to read as follows:
7 ARTICLE 12-I
8 INTER-MUNICIPAL AGREEMENTS TO SHARE REAL PROPERTY TAX REVENUES
9 Section 239-bb. Inter-municipal agreements to share real property tax
10 revenues.
11 § 239-bb. Inter-municipal agreements to share real property tax reven-
12 ues. 1. Legislative findings and intent. The legislature finds that
13 local governments in New York are increasingly looking for new ways to
14 provide necessary services and foster prosperity within their communi-
15 ties. To this end, they have long been provided under law with broad
16 authority to act together for their mutual benefit by forming inter-mun-
17 icipal agreements. Such agreements have provided the means for many
18 local governments to provide cost effective services across a broader
19 service area. Additionally, inter-municipal agreements have provided
20 many local governments with the mechanism to formulate local and
21 regional goals for the provision of services and advancing economic
22 development. The legislature recognizes that inter-municipal agreements
23 can be an equally effective tool for achieving such goals by establish-
24 ing a method for distributing real property tax increments which have
25 been determined to mutually benefit agreement participants. It is there-
26 fore within the public interest to authorize local governments to enter
27 into inter-municipal agreements for the purpose of sharing real property
28 tax revenues which derive from projects, services or development deemed
29 by such participating local governments to be mutually beneficial.
30 2. Inter-municipal agreements. Cities, towns and villages are hereby
31 authorized to enter into agreements with each other to delineate and
32 establish geographic areas, which may include all or a portion of each
33 municipality, within which any subsequent tax increment may be appor-
34 tioned among the municipalities in such manner as such inter-municipal
35 agreement shall provide.
36 3. Inter-municipal agreements content. Such inter-municipal agreements
37 shall (a) make a finding that the agreement will provide a public bene-
38 fit to each participant by advancing mutual or regional goals; (b)
39 establish a process for identifying and determining the affected proper-
40 ties or boundaries of the tax increment area; (c) identify the types of
41 taxes to be shared; (d) specify the percentage of tax revenues that each
42 municipality shall receive or otherwise establish a formula or other
43 means for determining such amount; (e) specify the duration or expira-
44 tion of the agreement; and (f) include any other matter necessary or
45 desirable to carry out the agreement.
46 4. The tax increment shall be determined for this purpose as follows:
47 (a) For each parcel within the delineated area, the assessor shall
48 separately state on the assessment roll, in a manner prescribed by the
49 state board of real property services, any increase in taxable assessed
50 value of that parcel which is attributable to the construction, alter-
51 ation, installation or improvement of real property occurring since the
52 effective date of the inter-municipal agreement.
53 (b) Each participating municipality which contains some or all of the
54 parcels in the delineated area shall determine its tax rates without
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1 regard to any of the increases in taxable assessed value identified
2 pursuant to paragraph (a) of this subdivision.
3 (c) The tax rates so determined shall be applied to the entire taxable
4 assessed value of each parcel within the delineated area, including any
5 increase in taxable assessed value identified pursuant to paragraph (a)
6 of this subdivision, and the taxes so imposed shall be collected and
7 enforced in the usual manner, except that the taxes resulting from the
8 application of such tax rates to any such increases in taxable assessed
9 value shall be segregated upon collection and distributed as provided in
10 the inter-municipal agreement.
11 5. In all respects not inconsistent herewith, the provisions of arti-
12 cle five-G of the general municipal law shall apply to such inter-muni-
13 cipal agreements.
14 § 96. Paragraphs (c) and (e) of subdivision 6 of section 1680-j of the
15 public authorities law, as added by section 1 of part MM of chapter 59
16 of the laws of 2004, are amended to read as follows:
17 (c) Each contract entered into by a public college or made in
18 connection with a capital matching grant made to a consortium of
19 colleges that includes a public college regardless of which member of
20 the consortium shall be the contracting party shall be awarded by a
21 competitive process and shall be deemed a state contract for the
22 purposes of article nine of the state finance law[, provided, however,
23 that any contract which would not be a state contract except for the
24 application of this paragraph shall not be subject to section one
25 hundred thirty-five of the state finance law].
26 (e) Independent colleges whose contracts are not state contracts for
27 the purposes of article nine of the state finance law and article
28 fifteen-A of the executive law and whose projects under such contracts
29 do not involve public work so as to be subject to articles eight, nine,
30 and ten of the labor law, shall execute an undertaking, as a condition
31 of receiving any capital matching grant, to voluntarily comply with
32 article nine of the state finance law, [except section one hundred thir-
33 ty-five of such law,] article fifteen-A of the executive law, and arti-
34 cles eight, nine, and ten of the labor law so far as the same would be
35 applicable to the contracts of a public college, and to be subject to
36 the enforcement provisions of said articles to the same extent.
37 § 97. Section 103 of the general municipal law is amended by adding a
38 new subdivision 1-b to read as follows:
39 1-b. When the officer, board or agency of any political subdivision or
40 of any district therein charged with the awarding of contracts under
41 this section determines that it is in the best interest of the political
42 subdivision or district therein, they may award contracts for services
43 on the basis of best value as defined in section one hundred sixty-three
44 of the state finance law to responsive and responsible offerers.
45 Notwithstanding any other provision of this section, a contract for
46 services may be awarded on the basis of best value provided that the
47 contracting process and award shall comply with the guidelines estab-
48 lished under section one hundred sixty-three of the state finance law by
49 the state procurement council. Any procurement made under this subdivi-
50 sion must be approved by the governing body of the purchasing political
51 subdivision or district therein.
52 § 98. Section 103 of the general municipal law is amended by adding a
53 new subdivision 1-c to read as follows:
54 1-c. A political subdivision or any district therein shall have the
55 option of purchasing information technology and telecommunications hard-
56 ware, software and professional services through cooperative purchasing
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1 permissible pursuant to federal general services administration informa-
2 tion technology schedule 70 or any successor schedule. A political
3 subdivision or any district therein that purchases through general
4 services administration schedule 70, information technology and consol-
5 idated schedule contracts shall comply with federal schedule ordering
6 procedures as provided in federal acquisition regulation 8.405-1 or
7 8.405-2, whichever is applicable. Adherence to such procedures shall
8 constitute compliance with the competitive bidding requirements under
9 this section.
10 § 99. Subdivision 3 of section 103 of the general municipal law, as
11 amended by section 1 of part X of chapter 62 of the laws of 2003, is
12 amended to read as follows:
13 3. (a) Notwithstanding the provisions of subdivision one of this
14 section, any officer, board or agency of a political subdivision or of
15 any district therein, located in whole or in part in a county, author-
16 ized to make purchases of materials, equipment or supplies, or to
17 contract for services, may make such purchases, or may contract for
18 services, other than services subject to article eight or nine of the
19 labor law, when available, through the county in which the political
20 subdivision or district is located or through any county within the
21 state subject to the rules established pursuant to subdivision two of
22 section four hundred eight-a of the county law; provided that the poli-
23 tical subdivision or district for which such officer, board or agency
24 acts shall accept sole responsibility for any payment due the vendor or
25 contractor.
26 (b) Notwithstanding the provisions of subdivision one of this section,
27 any officer, board or agency of a political subdivision or of any
28 district therein may authorize purchases required by such political
29 subdivision or any district therein by letting a contract pursuant to a
30 written agreement, or by approving the use of a contract let by any
31 department, agency, office, political subdivision or instrumentality of
32 any state or states or both.
33 (c) All purchases and all contracts for such services shall be subject
34 to audit and inspection by the political subdivision or district for
35 which made. Prior to making such purchases or contracts the officer,
36 board or agency shall consider whether such contracts will result in
37 cost savings after all factors, including charges for service, material,
38 and delivery, have been considered. No officer, board or agency of a
39 political subdivision or of any district therein shall make any purchase
40 or contract for any such services through the county in which the poli-
41 tical subdivision or district is located or through any county within
42 the state when bids have been received for such purchase or such
43 services by such officer, board or agency, unless such purchase may be
44 made or the contract for such services may be entered into upon the same
45 terms, conditions and specifications at a lower price through the coun-
46 ty.
47 § 100. This act shall take effect immediately and shall be deemed to
48 have been in full force and effect on and after April 1, 2006, except
49 that:
50 1. Section one of this act shall not apply to any public arbitration
51 panel appointed prior to the effective date of such section; provided,
52 however, that the amendments to subdivision 4 of section 209 of the
53 civil service law made by section one of this act shall not affect the
54 expiration of such subdivision and shall be deemed to expire therewith;
55 2. The provisions of sections two through seventy-one, eighty-nine,
56 ninety, ninety-one and ninety-six of this act shall control all
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1 contracts advertised or solicited for bid on or after the effective date
2 of this act under the provisions of any law requiring contracts to be
3 let pursuant to provisions of law amended by this act; provided, howev-
4 er, that the amendments to section 1735 of the public authorities law
5 made by section thirty-six of this act shall not affect the repeal of
6 such section and shall be deemed repealed therewith;
7 3. Sections seventy-seven through eighty of this act shall apply to
8 all judgments entered and all accrued claims paid on or after such
9 effective date; and
10 4. Sections eighty-one through eighty-eight of this act shall take
11 effect on the one hundred eightieth day after this act shall have become
12 a law.
13 PART D
14 Section 1. The state finance law is amended by adding a new section
15 54-l to read follows:
16 § 54-l. State assistance to eligible cities and eligible munici-
17 palities in which a video lottery gaming facility is located. 1. Defi-
18 nitions. When used in this section, unless otherwise expressly stated:
19 a. "Eligible city" shall mean a city with a population equal to or
20 greater than one hundred twenty-five thousand in which a video lottery
21 gaming facility is located pursuant to section sixteen hundred seven-
22 teen-a of the tax law and such facility is located within a school
23 district that, for the school year in which state aid payments are made
24 pursuant to subdivision two of this section, has a percent of eligible
25 applicants for the free and reduced price lunch program, as defined
26 pursuant to paragraph p of subdivision one of section thirty-six hundred
27 two of the education law, of more than thirty percent.
28 b. "Eligible municipality" shall mean a county, city, town or village
29 in which a video lottery gaming facility is located pursuant to section
30 sixteen hundred seventeen-a of the tax law that is not located in a city
31 with a population equal to or greater than one hundred twenty-five thou-
32 sand, and such facility is located within a school district that, for
33 the school year in which state aid payments are made pursuant to subdi-
34 vision two of this section, has a percent of eligible applicants for the
35 free and reduced price lunch program, as defined pursuant to paragraph p
36 of subdivision one of section thirty-six hundred two of the education
37 law, of more than thirty percent.
38 c. "Estimated net machine income" shall mean the estimated full annual
39 value of total revenue wagered after payout for prizes for games known
40 as "video lottery gaming" as authorized under article thirty-four of the
41 tax law during the state fiscal year in which state aid payments are
42 made pursuant to subdivision two of this section.
43 d. "Population" shall mean population based on the most recent federal
44 decennial census.
45 2. Within amounts appropriated therefor, beginning in the state fiscal
46 year commencing April first, two thousand seven, and in each state
47 fiscal year thereafter, an eligible city and an eligible municipality
48 shall receive a state aid payment as follows:
49 a. An eligible city shall receive a state aid payment equal to three
50 and one-half percent of the "estimated net machine income" generated by
51 a video lottery gaming facility located in such eligible city. Such
52 state aid payment shall not exceed twenty million dollars per eligible
53 city.
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1 b. Eligible municipalities shall receive a share of three and one-half
2 percent of the "estimated net machine income" generated by a video
3 lottery gaming facility located within such eligible municipality as
4 follows: (i) twenty-five percent shall be apportioned and paid to the
5 county; and (ii) seventy-five percent shall be apportioned and paid on a
6 pro rata basis to eligible municipalities, other than the county, based
7 upon the population of such eligible municipalities. Such state aid
8 payment shall not exceed twenty-five percent of an eligible munici-
9 pality's total expenditures as reported in the statistical report of the
10 comptroller in the preceding state fiscal year pursuant to section thir-
11 ty-seven of the general municipal law.
12 3. a. State aid payments made to an eligible city pursuant to para-
13 graph a of subdivision two of this section shall be used to increase
14 support for public schools in such city.
15 b. State aid payments made to an eligible municipality pursuant to
16 paragraph b of subdivision two of this section shall be used by such
17 eligible municipality to: (i) defray local costs associated with a video
18 lottery gaming facility, or (ii) minimize or reduce real property taxes.
19 4. On or before June first of each state fiscal year, beginning in the
20 state fiscal year commencing April first, two thousand seven, at the
21 request of the director of the division of the budget, the director of
22 the division of the lottery shall transmit a schedule of payments
23 required pursuant to this section to the director of the division of the
24 budget. In determining such schedule of payments, the director of the
25 division of the lottery shall include a reconciliation of the state aid
26 paid in the preceding fiscal year. Such reconciliation shall adjust for
27 the difference between the state aid paid in the preceding fiscal year
28 and what the state aid payment would have been if the actual full annual
29 value of net machine income had been used in the calculation of state
30 aid. Such reconciliation shall be subject to the maximum amounts identi-
31 fied in subdivision two of this section for the year being reconciled.
32 5. Payments of state aid pursuant to this section shall be made on or
33 before June thirtieth of each state fiscal year to the chief fiscal
34 officer of each eligible city and each eligible municipality on audit
35 and warrant of the state comptroller out of moneys appropriated by the
36 legislature for such purpose to the credit of the local assistance fund
37 in the general fund of the state treasury.
38 § 2. This act shall take effect immediately and shall be deemed to
39 have been in full force and effect on and after April 1, 2006.
40 PART E
41 Section 1. The New York state pension reform task force. 1. There is
42 hereby established the New York state pension reform task force, which
43 shall consist of eighteen members appointed by the governor. Members of
44 the task force shall include five designees of the governor, one of whom
45 shall be designated to serve as the chairperson of the task force; one
46 member appointed upon the recommendation of the temporary president of
47 the senate; one member appointed upon the recommendation of the speaker
48 of the assembly; one member appointed upon recommendation of the state
49 comptroller; one member appointed upon the recommendation of the mayor
50 of the city of New York; one member appointed upon the recommendation of
51 the New York state association of counties; one member appointed upon
52 the recommendation of the New York conference of mayors; one member
53 appointed upon the recommendation of the New York state council of
54 school superintendents; one member appointed upon the recommendation of
S. 6456 71 A. 9556
1 the New York state school boards association; one member appointed upon
2 the recommendation of the retired public employees' association; one
3 member appointed upon the recommendation of the New York state teachers'
4 retirement system; one member appointed upon the recommendation of the
5 New York city public retirement systems; and two members appointed upon
6 the recommendation of the New York state AFL-CIO.
7 2. The members of the task force shall receive no compensation but
8 shall be entitled to reimbursement for any necessary expenses incurred
9 in connection with the performance of their duties.
10 3. The task force is authorized to:
11 a. employ or contract with such actuaries, consultants and other
12 experts as may be necessary and prescribe their duties and fix their
13 compensation;
14 b. conduct hearings in furtherance of the performance of its duties
15 under this act; and
16 c. call upon any agency, department, office, division, or public
17 authority of this state to supply it with such data and other resources,
18 personnel and assistance as the task force deems necessary to discharge
19 the responsibilities conferred upon it by this act.
20 § 2. The task force shall study and consider a broad array of work-
21 force and pension related topics in the course of its review and in the
22 development of its recommendations and final report. Topics to be
23 included and discussed in the recommendations and report of the task
24 force shall include but not be limited to: benefit design to support
25 workforce succession planning; alternative defined benefit funding meth-
26 odologies; benefit design to support long-term workforce planning;
27 alternative and more affordable benefit designs; demographic factors
28 such as longer length of service and increased life expectancy; estab-
29 lishment of a new defined contribution or hybrid defined benefit/defined
30 contribution pension plan; human resource needs; and alternative gover-
31 nance and oversight structures.
32 § 3. No later than October 31, 2006, the task force shall transmit to
33 the governor, temporary president of the senate and speaker of the
34 assembly its final report and recommendations.
35 § 4. This act shall take effect immediately.
36 PART F
37 Section 1. Subdivision 6 of section 167 of the civil service law, as
38 amended by section 1 of part B of chapter 101 of the laws of 2004, is
39 amended to read as follows:
40 6. Notwithstanding any inconsistent provision of law, there is hereby
41 created a health insurance fund which shall be available without appro-
42 priation or fiscal year limitation for premium or subscription charge
43 payments under any contract or contracts purchased in accordance with
44 this article. Any interest earned by the investment of moneys in such
45 fund shall be added to such fund, become a party of such fund, and be
46 used for the purpose of such fund. The amounts withheld from employees
47 and retired employees under subdivision three of this section, all
48 amounts appropriated by the state to such health insurance fund, and all
49 amounts contributed by any participating employer pursuant to subdivi-
50 sion two of this section, shall be credited to such health insurance
51 fund. The income derived from any dividends, premium rate adjustments or
52 other refunds under any such contract or contracts shall be credited to
53 such fund and retained therein as a special reserve as determined by the
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1 president to minimize adverse fluctuation in current or future charges
2 under any such contract or contracts.
3 § 2. Section 167 of the civil service law is amended by adding a new
4 subdivision 9 to read as follows:
5 9. Any interest earned by the investment of moneys in the dental
6 insurance fund shall be added to such fund, become a part of such fund,
7 be used for the purpose of such fund, and be available without appropri-
8 ation or fiscal year limitation.
9 § 3. Subdivision 1 of section 158 of the civil service law, as amended
10 by chapter 867 of the laws of 1984, is amended to read as follows:
11 1. The president, subject to the provisions of this section, is hereby
12 empowered to establish regulations relating to, and to enter into and
13 administer contracts providing for, a group term life insurance plan,
14 and a group accident and health insurance plan on behalf of legislators,
15 employees of the legislature hired on an annual basis, judges and
16 justices of the unified court system, and state employees and retired
17 employees who, for the purposes of article fourteen of this chapter,
18 have been for a period of time prescribed by the regulations and, except
19 for such retirees, continue to be in positions designated as managerial
20 or confidential positions. The president may authorize the inclusion in
21 the plan of such employees and retired employees of other governments or
22 public employers as defined in subdivision seven of section two hundred
23 one of [the civil service law] this chapter. The president may adopt
24 whatever other regulations which may be necessary to fulfill the
25 intentions of this section. No regulation shall be adopted, repealed or
26 amended, and no other action taken with respect to such employees
27 affecting the amount of, or eligibility for, benefits or rates of
28 contribution under this section without the approval of the director of
29 employee relations.
30 The full costs of any insurance program or programs established pursu-
31 ant to this subdivision, excluding administrative costs, shall be borne
32 by insureds and retirees. Any interest earned by the moneys in the life
33 insurance fund shall be added to such fund, become a part of such fund,
34 be used for the purpose of such fund, and be available without appropri-
35 ation or fiscal year limitation.
36 § 4. Section 3 of part B of chapter 101 of the laws of 2004, amending
37 the civil service law and the state finance law relating to the health
38 insurance fund, as amended by section 1 of part L of chapter 56 of the
39 laws of 2005, is amended to read as follows:
40 § 3. This act shall take effect immediately and shall be deemed to
41 have been in full force and effect on and after April 1, 2004[, and
42 shall expire March 31, 2006].
43 § 5. This act shall take effect immediately and shall be deemed to
44 have been in full force and effect on and after March 31, 2006,
45 provided, however, that the amendments to sections 167 and 158 of the
46 civil service law made by sections one, two and three of this act shall
47 be deemed to have been in full force and effect on and after April 1,
48 2005.
49 PART G
50 Section 1. Definitions. As used in this act, unless the context clear-
51 ly requires otherwise:
52 a. "Retirement system" means the New York state and local employees'
53 retirement system, the New York state teachers' retirement system, the
54 New York city teachers' retirement system, the New York city board of
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1 education retirement system or the New York city employees' retirement
2 system, exclusive of the retirement plans established pursuant to
3 sections 13-156 and 13-157 of the administrative code of the city of New
4 York.
5 b. "Teachers' retirement system" means the New York state teachers'
6 retirement system or the New York city teachers' retirement system.
7 c. "Optional retirement program" means the programs established pursu-
8 ant to the provisions of sections 181, 391 and 6251 of the education
9 law; or continued pursuant to section 3 of chapter 980 of the laws of
10 1962.
11 d. "State employer" means (a) the executive branch of the state, (b)
12 the state-operated institutions of the state university of New York, (c)
13 the statutory and contract colleges operated pursuant to section 357 of
14 the education law, (d) the state university construction fund ("fund"),
15 (e) a cooperative extension association ("association"), and (f) the
16 city university of New York as defined in subdivision 2 of section 6202
17 of the education law.
18 e. (a) "Participating employer" means an employer, other than a state
19 employer, which participates in a retirement system; such term shall
20 include a community college operating under the program of the state
21 university of New York. Such term shall not include: (a) the unified
22 court system, (b) the Senate, (c) the Assembly, and (d) joint legisla-
23 tive employers.
24 (b) "Educational employer" means a participating employer which is a
25 school district, a board of cooperative educational services, a voca-
26 tional education and extension board, an institution for the instruction
27 of the deaf and of the blind as enumerated in section 4201 of the educa-
28 tion law, or a school district as enumerated in section 1 of chapter 566
29 of the laws of 1967, as amended.
30 f. "Eligible employee" means a person who is a member of a retirement
31 system or a participant in an optional retirement program who is an
32 employee in the executive branch of a state employer or an employee of a
33 state employer or a participating employer which makes an election under
34 this section or section four of this act, but such term shall not
35 include the following persons:
36 (a) elected officials, judges or justices appointed to or serving in a
37 court of record and acting village justices;
38 (b) chief administrative officers of participating employers which
39 participate in a teachers' retirement system;
40 (c) officers described in sections 4, 41-a, 46, 61, 70, 70-a, 169
41 (including those officers whose salary is established pursuant to salary
42 plans under subdivision 3 of section 169), 180 and subdivision 1 of
43 section 41 of the executive law and any agency or department head
44 appointed by the governor, comptroller or attorney general; and
45 (d) appointed members of boards or commissions any of whose members
46 are appointed by the governor or by another state officer or body.
47 g. "Eligible title" means any title where a certain number of posi-
48 tions in that title, as identified by agency, department, work location
49 or appointing authority, college or campus, as the case may be, are to
50 be eliminated in accordance with the provisions of section eight of this
51 act because of economy, consolidation or abolition of functions,
52 curtailment of activities or otherwise. However, an eligible title can
53 also include a title as identified by agency, department, work location
54 or appointing authority in which positions have not been eliminated but
55 into which employees in titles affected by layoff can be transferred or
56 reassigned pursuant to the civil service law, rule or regulation. The
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1 determination of eligible titles shall be made by: (a) the appointing
2 authority, subject to the approval of the director of state operations
3 for titles within the executive branch, (b) the board of trustees for
4 the state university (including the association), the fund, the city
5 university of New York and of each community college operating under the
6 program of the state university, and (c) the chief executive officer or
7 other comparable official for participating employers other than the
8 community colleges.
9 h. "College faculty" means an employee, not in the classified service,
10 of a state employer described in paragraphs (b), (c), (d), (e) and (f)
11 of subdivision d of this section or of a community college who is a
12 member of a teachers' retirement system, the New York state and local
13 employees' retirement system or a participant in an optional retirement
14 program.
15 i. "Active service" means service while being paid on the payroll,
16 provided that (a) a leave of absence with pay shall be deemed active
17 service; (b) other approved leave without pay not to exceed twelve weeks
18 from the effective date of this act and the commencement of the desig-
19 nated open period; and (c) the period of time subsequent to the June
20 2006 school term and on or before August 31, 2006 for a teacher (or
21 other employee employed on a school year basis) who is otherwise in
22 active service on the effective date of this act shall be deemed active
23 service.
24 j. "Open period or periods" means the period beginning with the
25 commencement date and shall not be more than ninety days nor less than
26 thirty days in length, as specified by the director of state operations
27 or by a participating employer pursuant to section four of this act, by
28 the appropriate board of trustees for the state university (including
29 the association), the fund, the city university of New York or a commu-
30 nity college operating under a program of the state university; provided
31 however that any such period shall not extend beyond March 31, 2007 for
32 the executive branch of a state employer described in paragraphs (a) and
33 (b) of subdivision d of this section (except for college faculty), not
34 beyond December 31, 2006 for participating employers, college faculty
35 for a state employer described in paragraph (b) of subdivision d of this
36 section, state employers described in paragraphs (c), (d) and (e) of
37 subdivision d of this section, not beyond January 31, 2007 for college
38 faculty of an employer described in paragraph (f) of subdivision d of
39 this section, and not beyond August 31, 2006 for educational employers.
40 For the purposes of retirement pursuant to this act, a service retire-
41 ment application must be filed with the appropriate retirement system
42 not less than fourteen days prior to the effective date of retirement to
43 become effective.
44 k. "Commencement date" means the first day the retirement incentive
45 authorized by this act shall be made available, which shall mean a date
46 or dates on or after the effective date of this act to be determined by
47 the director of state operations for the executive branch of the state,
48 and which date or dates shall occur no later than thirty days before
49 March 31, 2007 or for any other state employer or any participating
50 employer a date on or after the effective date of this act. The director
51 of state operations shall notify the head of the appropriate retirement
52 system of the date of each open period applicable to employees of the
53 executive branch or of a state employer prior to the commencement date.
54 § 2. The determination of whether a title shall be considered eligible
55 shall consider whether the abolition of a specific number of positions
56 within a title would unacceptably:
S. 6456 75 A. 9556
1 a. Directly result in a reduction of the level of service required or
2 mandated to protect and care for clients of the state or a participating
3 employer or to assure public health and safety;
4 b. Endanger the health or safety of employees of the state or a
5 participating employer; or
6 c. Clearly result in a loss of significant revenue to the state or a
7 participating employer or result in substantially increased overtime or
8 contractual costs. However, upon the determination of the director of
9 state operations, with respect to employees of the executive branch of a
10 state employer, any titles may be determined eligible if the vacancies
11 created can be controlled by the use of transfer or reassignment
12 provisions of the civil service law, rules or regulations or other
13 deployment of state employees.
14 § 3. a. Eligibility for inclusion in the retirement incentive provided
15 by section six of this act shall be determined: (a) by seniority: for
16 participating employers and for state employers described in paragraphs
17 (a), (b), (c), (d), (e) and (f) of subdivision d of section one of this
18 act, other than for college faculty; seniority shall mean the date of
19 original permanent appointment in the civil service of the state
20 adjusted to include veteran's credits for those entitled to receive such
21 credits pursuant to sections 80, 80-a and 85, if applicable, of the
22 civil service law, as established in the official records of the depart-
23 ment of civil service, regardless of the jurisdictional classification
24 of the position or the status of the incumbent; and (b) for college
25 faculty, by the board of trustees of the state university, city univer-
26 sity and of each community college operating under the program of the
27 state university.
28 b. All eligible employees serving in eligible titles desiring to avail
29 themselves of the retirement incentive provided by section six of this
30 act shall provide written notice to his or her employer on or before the
31 twenty-first day preceding the end of the open period, or before the end
32 of the applicable open period as such open period is determined by the
33 director of state operations. Failure to provide such written notice
34 shall render the employee ineligible for the retirement incentive
35 provided by this act.
36 § 4. a. On or before August 31, 2006, a participating employer or a
37 state employer described in paragraphs (b), (c), (d), (e) and (f) of
38 subdivision d of section one of this act may elect to provide its
39 employees the retirement incentive authorized by this act by (a) the
40 enactment of a local law or (b) in the case of a participating employer
41 which is not so empowered to act by local law or a state employer
42 described in paragraphs (b), (c), (d), (e) and (f) of subdivision d of
43 section one of this act, by the adoption of a resolution of its govern-
44 ing body; provided however, no local law or resolution enacted pursuant
45 to this section shall in any manner supersede any local charter,
46 provided further, that for an educational employer such election must be
47 made by July 26, 2006. The local law or resolution shall specify the
48 commencement date or dates (if different for college faculty) of the
49 program and the length of the open period or periods (if different for
50 college faculty). For a community college operating under the program of
51 state university of New York, such election shall be made by the board
52 of trustees of such community college subject to the approval of its
53 sponsor. A copy of such law or resolution shall be filed with the appro-
54 priate retirement system or systems, and, if applicable, on forms
55 provided by such system. The local law or resolution shall be accompa-
56 nied by the affidavit of the chief executive officer or other comparable
S. 6456 76 A. 9556
1 official certifying to the information contained in subdivision b of
2 this section.
3 b. Notwithstanding any other provision of law, the benefits provided
4 by this act shall not be made available to any person who (a) has
5 received any retirement incentive authorized by any provision of state
6 law, or (b) who receives, has received or is eligible to receive a
7 payment in a lump sum or in another form from a retirement incentive
8 pursuant to the provisions of a collective bargaining agreement or by
9 other arrangement with his or her employer, unless such person files a
10 written statement with his or her employer, a copy of which shall be
11 forwarded to the appropriate retirement system, that he or she agrees to
12 waive any right to such payment. A participating employer who makes an
13 election pursuant to this section and who offers or has offered a
14 retirement incentive pursuant to the provisions of a collective bargain-
15 ing agreement or by other arrangement shall prepare, and file with each
16 retirement system, a list containing the names and social security
17 numbers of all persons described in this subdivision.
18 c. Notwithstanding any other provision of this act to the contrary,
19 the mayor of the city of New York may declare employees of the community
20 colleges of the city university of New York ineligible for the retire-
21 ment incentive provided by this act by filing such notification with the
22 chancellor of the city university of New York, with copies to the chair
23 of the senate finance committee, the chair of the assembly ways and
24 means committee and the director of the budget, in writing, no later
25 than the thirtieth day next succeeding the effective date of this act.
26 § 5. Notwithstanding any other provision of law, any eligible employee
27 serving in an eligible title who:
28 a. has been continuously in the active service of a state employer or
29 of a participating employer from the effective date of this act to the
30 date immediately prior to the commencement date of the applicable open
31 period;
32 b. files an application for service retirement (or files the appropri-
33 ate application and authorization form with the optional retirement
34 program and a duly acknowledged retirement incentive form for such
35 program with the appropriate personnel office) that is effective during
36 the open period; and
37 c. is otherwise eligible for a service retirement as of the effective
38 date of the application for retirement shall be entitled to the retire-
39 ment incentive provided in section six of this act. If not otherwise
40 eligible for a service retirement, the following person shall be deemed
41 to satisfy the eligibility condition of this section: a person who is at
42 least age fifty with ten or more years service as of the effective date
43 of retirement (other than a member of a retirement plan which provides
44 for half-pay pension upon completion of twenty-five years or less
45 service without regard to age); a member of a retirement plan which
46 provides for half-pay pension upon completion of twenty-five years of
47 service without regard to age who has not accrued, excluding additional
48 credit granted pursuant to this act, the minimum number of years of
49 service required to retire with an allowance equal to fifty percent of
50 final average salary under such plan, but has, with the inclusion of the
51 additional credit provided under this act, accrued such number of years
52 of credit; or a participant in an optional retirement plan at least
53 fifty years of age with ten years of service on an annual salary basis
54 with his or her employer as of the date of retirement.
55 § 6. Notwithstanding any other provision of law, an eligible employee
56 serving in an eligible title who is: a. A member of a retirement system
S. 6456 77 A. 9556
1 and who is entitled to a retirement incentive pursuant to section five
2 of this act shall receive a retirement incentive of one-twelfth of a
3 year of additional retirement credit for each year of pension service
4 credited as of the date of retirement, up to a maximum of three years of
5 retirement service credit at the time of retirement. For the New York
6 city teachers' retirement system, the New York city employees' retire-
7 ment system and the New York city board of education retirement system
8 such incentive shall be available for all purposes, including fulfilling
9 the qualifying service requirements of plan A and C, if applicable. An
10 eligible employee who is covered by the provisions of article 15 of the
11 retirement and social security law shall retire under the provisions of
12 article 15 of the retirement and social security law. The amount of such
13 benefit for an eligible employee who is covered by article 15 of the
14 retirement and social security law and retires under the provisions of
15 this section (other than a member with thirty or more years of service
16 who is at least age fifty-five in the New York state and local employ-
17 ees' retirement system or a teachers' retirement system) shall be
18 reduced by six percent for each of the first two years by which retire-
19 ment precedes age sixty-two, plus a further reduction of three percent
20 for each year by which retirement precedes age sixty, provided, however,
21 the foregoing reductions shall not apply: (i) in any case where an
22 eligible employee can retire after twenty-five years of service with
23 immediate payability prior to the age of sixty-two pursuant to section
24 604-b of the retirement and social security law or (ii) to any time
25 period subsequent to the point at which an eligible employee can retire
26 for service without reduction of his or her service retirement allowance
27 pursuant to article 16 of the retirement and social security law. Such
28 reduction shall be prorated for partial years. The amount of such bene-
29 fit for an eligible employee with thirty or more years of service who is
30 a member of the New York state and local employees' retirement system or
31 a teachers' retirement system or an eligible employee who is a partic-
32 ipant in the optional twenty-five year early retirement program for
33 certain New York city members governed by section 604-c of the retire-
34 ment and social security law, as added by chapter 96 of the laws of
35 1995, with twenty-five or more years of service and who is covered by
36 article 15 of the retirement and social security law shall be reduced by
37 five percent for each year by which retirement pursuant to this section
38 precedes age fifty-five. The amount of such benefit for an eligible New
39 York city employee with ten or more years of service and who is a
40 participant in the age fifty-seven retirement program governed by
41 section 604-d of the retirement and social security law shall be reduced
42 by one-thirtieth for the first two years by which retirement precedes
43 age fifty-seven plus a further reduction of one-twentieth for each year
44 by which retirement precedes age fifty-five. Such reduction shall be
45 prorated for partial years. There shall be no reduction for an eligible
46 New York city employee in a physically taxing position with twenty-five
47 or more years of service and who is a participant (i) in the optional
48 twenty-five year early retirement program for certain members governed
49 by section 604-c of the retirement and social security law, as added by
50 chapter 96 of the laws of 1995, or (ii) in the age fifty-seven retire-
51 ment program governed by section 604-d of the retirement and social
52 security law. An eligible employee serving in an eligible title who is
53 covered by article 11 of the retirement and social security law shall
54 retire under the provisions of such article. The amount of such benefit
55 for an eligible employee covered by article 11 of the retirement and
56 social security law other than a member of a teachers' retirement system
S. 6456 78 A. 9556
1 or a member of the New York state and local employees' retirement system
2 with thirty or more years of service or a participant in the optional
3 age fifty-five improved benefit retirement program for certain New York
4 city employees governed by section 445-d of the retirement and social
5 security law, as added by chapter 96 of the laws of 1995, with twenty-
6 five or more years of service shall be reduced by six percent for each
7 of the first two years by which retirement pursuant to this section
8 precedes age sixty-two, plus a further reduction of three percent for
9 each year by which retirement pursuant to this section precedes age
10 sixty, provided, however, the foregoing reductions shall not apply: (i)
11 in any case where an eligible employee can retire pursuant to a plan
12 which permits retirement for service with immediate payability, exclu-
13 sive of this act, prior to the age of fifty-five or (ii) to any time
14 period subsequent to the point at which an eligible employee can retire
15 for service without reduction of his or her service retirement allowance
16 pursuant to article 16 of the retirement and social security law. Such
17 reduction shall be prorated for partial years. The amount of such bene-
18 fit for an eligible employee who is a member of a teachers' retirement
19 system or a member of the New York state and local employees' retirement
20 system with thirty or more years of service or a participant in the
21 optional age fifty-five improved benefit retirement program for certain
22 New York city employees governed by section 445-d of the retirement and
23 social security law, as added by chapter 96 of the laws of 1995, with
24 twenty-five or more years of service and who is covered by article 11 of
25 the retirement and social security law shall be reduced by five percent
26 for each year by which retirement pursuant to this section precedes age
27 fifty-five. Such reduction shall be prorated for partial years. There
28 shall be no reduction for an eligible New York city employee in a phys-
29 ically taxing position and who is a participant in the optional age
30 fifty-five improved benefit retirement program for certain New York city
31 employees governed by section 445-d of the retirement and social securi-
32 ty law, as added by chapter 96 of the laws of 1995, with twenty-five or
33 more years of service.
34 An eligible employee serving in an eligible title who is not covered
35 by article 11 or 15 of the retirement and social security law shall
36 retire under the provisions of the plan by which he or she is covered.
37 The amount of such benefit shall be reduced by five percent for each
38 year by which retirement pursuant to this section precedes age fifty-
39 five, provided, however, the foregoing reductions shall not apply: (i)
40 in any case where an eligible employee can retire pursuant to a plan
41 which permits retirement for service with immediate payability, exclu-
42 sive of this act, prior to the age of fifty-five or (ii) to any time
43 period subsequent to the point at which an eligible employee can retire
44 for service without reduction of his or her service retirement allowance
45 pursuant to article 16 of the retirement and social security law. Such
46 reduction shall be prorated for partial years. An eligible employee
47 serving in an eligible title who participates in a retirement plan which
48 provides for a retirement allowance equal to fifty percent of final
49 average salary upon the completion of twenty-five years of service with-
50 out regard to age and who is otherwise eligible to retire shall retire
51 under the provisions of such plan. Such employee shall, at the time of
52 retirement, be credited with one-twelfth of a year of additional retire-
53 ment service credit for each year of service credited under such plan as
54 of the date of retirement, up to a maximum of three years of retirement
55 service credit, subject to the provisions of subdivision b of this
56 section. If such employee has not accrued, excluding additional credit
S. 6456 79 A. 9556
1 granted pursuant to this act, the minimum number of years of service
2 required to retire with an allowance equal to fifty percent of final
3 average salary under such plan, but has, with the inclusion of the addi-
4 tional credit provided under this act, accrued such number of years of
5 credit, the benefit payable shall be the percentage of final average
6 salary that would ordinarily be applicable to such individual upon
7 retirement with such amount of credit (including incentive credit),
8 reduced by five per centum per year for each year by which the number of
9 years of service otherwise required to retire with an allowance equal to
10 fifty percent of final average salary under such plan exceeds the amount
11 of service credited to such employee under such plan at retirement
12 (excluding the additional retirement incentive service credit provided
13 pursuant to this act). Such reduction shall be prorated for partial
14 years.
15 b. A participant in an optional retirement program who is entitled to
16 a retirement incentive pursuant to section five of this act shall
17 receive an additional employer contribution equal to an amount, which
18 shall be calculated as follows: (one-twelfth for each year of service)
19 multiplied by (fifteen percent) multiplied by (the employee's earnable
20 annual salary rate in effect on March 1, 2006 or the effective date of
21 this act if the employee retires prior to March 1, 2006), such amount
22 not to exceed forty-five percent of such salary rate. Such contribution
23 shall be made to the employee's retirement annuity under the optional
24 retirement program up to the maximum contribution allowable under
25 section 415 of the internal revenue code. Any contribution in excess of
26 that limit shall be contributed by the employer to an internal revenue
27 code section 403(b) contract on behalf of the employee to the extent it
28 can be contributed on a before-tax basis under the maximum limits
29 allowed under the internal revenue code. Contributions in excess of that
30 amount shall be paid in cash to the participant in three equal install-
31 ments during a twenty-four month period commencing on such eligible
32 employee's effective date of retirement. Provided, however, if the
33 employee is employed by the city university of New York and in the
34 active service of such employer on October 1, 2006 or the effective date
35 of this act if the employee retires prior to October 1, 2006, the
36 employee's earnable annual salary rate shall be the annual salary rate
37 in effect on such applicable date.
38 § 7. a. An employee of a state employer, other than the city universi-
39 ty of New York, who retires pursuant to this act may defer calculation
40 of the value of accumulated sick leave credits, if any, and partic-
41 ipation in the state health insurance plan.
42 b. Where there is an agreement in accordance with article 14 of the
43 civil service law, an employee of a state employer described in para-
44 graph (a) or (b) of subdivision d of section one of this act, who
45 retires pursuant to this act, whose last day of active service is within
46 thirty days prior to April 1, 2006 or April 1, 2007, who would, if in
47 active service through March 31, 2006 or March 31, 2007, as applicable,
48 be eligible for a lump sum longevity performance award or other lump sum
49 payments shall receive such payment. An employee who retires pursuant to
50 this act, whose last day of active service is within thirty days prior
51 to April 1, 2006 or April 1, 2007, who would, if in active service
52 through March 31, 2006 or March 31, 2007, as applicable, be eligible for
53 a lump sum longevity performance award or other lump sum shall receive
54 such payment.
55 c. Notwithstanding any other provision of law, any termination pay or
56 leave arising from accrued sick leave or accrued annual leave for an
S. 6456 80 A. 9556
1 eligible employee who has elected the retirement incentive provided by
2 this act and who is a member of the New York city teachers' retirement
3 system employed by the board of education of the city of New York shall
4 be paid in three equal installments during a twenty-four month period
5 commencing on such eligible employee's effective date of retirement.
6 d. An employee of the city of New York or the city university of New
7 York, as defined in subdivision 2 of section 6202 of the education law,
8 who retires under the retirement incentive provided by this act, who is
9 eligible for terminal leave pursuant to an applicable collective
10 bargaining agreement or a personnel policy or rule or retirement leave
11 pursuant to section 3107 of the education law or who has an accrued
12 annual leave balance on the effective date of retirement shall be paid
13 in three equal installments two months, fourteen months and twenty-four
14 months following such eligible employee's effective date of retirement.
15 § 8. With respect to employees of a state employer, any position,
16 other than a position supported by special revenue funds, vacated as a
17 result of an eligible employee in an eligible title receiving the
18 retirement incentive provided by section six of this act shall be elimi-
19 nated unless such position is identified as one into which another state
20 employee can be appointed, transferred or reassigned pursuant to the
21 civil service law, or rules or regulations of the state civil service
22 commission, in which case the former position of the state employee so
23 appointed, transferred or reassigned shall be eliminated. Identification
24 of positions pursuant to the preceding sentence shall be made by the
25 official or entity described in paragraphs (a) through (d) of this
26 subdivision for titles listed therein:
27 (a) the director of state operations for titles within the executive
28 branch,
29 (b) the board of trustees for the state university for titles within
30 the state-operated institutions of the state university of New York and
31 the statutory and contract colleges operated pursuant to section 357 of
32 the education law and the cooperative extension association;
33 (c) the board of trustees of the state university construction fund
34 for titles within the fund; and
35 (d) the board of trustees of the city university of New York as
36 defined in subdivision 2 of section 6202 of the education law for titles
37 within the city university.
38 § 9. Notwithstanding any inconsistent provision of section eight of
39 this act or any other provision of law: a. A participating employer or
40 a state employer described in paragraphs (b), (c), (d), and (e) of
41 subdivision d of section one of this act shall not be required to elimi-
42 nate the positions of eligible employees in eligible titles receiving
43 the retirement incentive provided by section six of this act if such
44 employer can demonstrate that it will achieve a compensation savings
45 such that the total amount of base salary paid for the two-year period
46 subsequent to the effective date of retirement for such eligible employ-
47 ees in eligible titles to those new hires, if any, who otherwise would
48 not have been hired by such employer after the effective date of this
49 act but for the retirement incentive provided herein shall be no more
50 than one-half of the total amount of base salary that would have been
51 paid to such eligible employees from their date of retirement for such
52 two-year period. Each such participating employer shall make available
53 its plans for achieving these savings. A state employer described in
54 paragraphs (b), (c), (d), and (e) of subdivision d of section one of
55 this act shall submit its plan for achieving these savings to the direc-
56 tor of state operations on or before September 1, 2007.
S. 6456 81 A. 9556
1 b. The city of New York shall not be required to eliminate the posi-
2 tions of eligible employees in eligible titles receiving the retirement
3 incentive provided by section six of this act if such participating
4 employer can demonstrate that it will achieve a compensation or equiv-
5 alent headcount savings such that the total amount of compensation
6 including benefits paid for the two-year period subsequent to the effec-
7 tive date of retirement for such eligible employees in eligible titles
8 to those new hires, if any, who otherwise would not have been hired by
9 such employer after the effective date of this act but for the retire-
10 ment incentive provided herein shall be no more than one-half of the
11 total amount of base salary that would have been paid to such eligible
12 employees from their date of retirement for such two-year period. For
13 purposes of this subdivision the "city of New York" shall mean the city
14 of New York or a participating employer a majority of the members of
15 whose governing body are: (a) appointed by the mayor of the city of New
16 York or other citywide elected official, a borough president of the city
17 of New York, or any combination thereof; (b) designated by virtue of
18 their city of New York office or position or their office or position
19 with a participating employer whose governing board is described in
20 paragraph (a) of this subdivision; or (c) appointed or designated by any
21 combination of the foregoing. Such employer shall make available its
22 plans for achieving these savings.
23 § 10. Nothing in this act shall be used to provide benefits that shall
24 exceed the limits contained in section 415 of the internal revenue code.
25 Provided, however, any service retirement benefit which has been reduced
26 because of section 415 of the internal revenue code shall be increased
27 when (and consistent with) the dollar limits in section 415 of the
28 internal revenue code are adjusted by the internal revenue service for
29 cost of living increases. Such increases shall not increase the benefit
30 in excess of the service retirement benefit otherwise payable.
31 § 11. Any eligible employee who retires pursuant to the provisions of
32 this act and enters or reenters public service as defined in subdivision
33 e of section 210 of the retirement and social security law and joins or
34 rejoins any public retirement system of the state as defined in subdivi-
35 sion 6 of section 152 of the retirement and social security law or
36 elects to participate in an optional retirement program shall if the
37 additional benefit was provided pursuant to: (a) subdivision a of
38 section six of this act, forfeit the additional benefit authorized by
39 this act at the time of his or her subsequent retirement; or (b) subdi-
40 vision b of section six of this act, repay to the state or participating
41 employer such additional contribution together with the appropriate
42 interest as determined by the state comptroller.
43 § 12. Notwithstanding any other provision of law, if the service
44 retirement benefit of a member of a retirement system is subject to a
45 maximum retirement benefit, the additional benefit authorized by this
46 act will be computed by multiplying the final average salary times the
47 number of years of service credit granted by section six of this act
48 times the benefit fraction of the plan under which such member retires.
49 § 13. The provisions of section 430 of the retirement and social secu-
50 rity law shall not apply to any benefit or benefit improvement provided
51 by this act.
52 § 14. The pension benefit costs of subdivision a of section six of
53 this act shall be paid by employers as provided by applicable law for
54 each retirement system covered by this act over a period not to exceed
55 five years commencing in the state fiscal year ending March 31, 2008.
56 § 15. This act shall take effect immediately.
S. 6456 82 A. 9556
FISCAL NOTE.--This bill would provide a retirement incentive for
certain members of the New York State and Local Employees' Retirement
System, the New York State Teachers' Retirement System, the New York
City Teachers' Retirement System, the New York City Board of Education
Retirement System and the New York City Employees' Retirement System.
The incentive would provide one-twelfth of a year of additional
retirement credit for each year of service credited as of the date of
retirement, up to a maximum of three years. For certain members who are
not otherwise eligible for a service retirement benefit, this bill would
provide the ability to retire with reductions. If this bill is enacted,
the additional cost for each member who receives this benefit will vary
depending on the member's age, years of service, plans and final average
salary.
It is anticipated that the per member cost (at retirement) of the
incentive benefit will average approximately 60 percent of a member's
final average salary. This cost will be borne by those employers elect-
ing the incentive over a five-year period commencing with a payment in
the State fiscal year 2007-2008.
This estimate was prepared by the New York State Division of the Budg-
et based on information provided by the New York State and Local Employ-
ees' Retirement System.
1 PART H
2 Section 1. The state comptroller is hereby authorized and directed to
3 loan money in accordance with the provisions set forth in subdivision 5
4 of section 4 of the state finance law to the following funds and/or
5 accounts:
6 1. Tuition reimbursement fund (050):
7 a. Proprietary vocational school supervision account (02).
8 2. Local government records management improvement fund (052):
9 a. Local gov't records management account (01).
10 3. Dedicated highway and bridge trust fund (072):
11 a. Highway and bridge capital account (01).
12 4. State parks infrastructure trust fund (076):
13 a. State parks infrastructure account (01).
14 5. Clean water/clean air implementation fund (079).
15 6. State lottery fund (160):
16 a. Education - New (03).
17 b. VLT - Admin (05).
18 c. VLT - Sound basic education fund (06).
19 7. Medicaid management information system escrow fund (179).
20 8. Sewage treatment program management and administration fund (300).
21 9. Environmental conservation special revenue fund (301):
22 a. Hazardous bulk storage account (F7).
23 b. Utility environmental regulation account (H4).
24 c. Low level radioactive waste siting account (K5).
25 d. Recreation account (K6).
26 e. Conservationist magazine account (S4).
27 f. Environmental regulatory account (S5).
28 g. Natural resource account (S6).
29 h. Mined land reclamation program account (XB).
30 10. Environmental protection and oil spill compensation fund (303).
31 11. Hazardous waste remedial fund (312):
32 a. Site investigation and construction account (01).
33 b. Hazardous waste remedial clean up account (06).
S. 6456 83 A. 9556
1 12. Mass transportation operating assistance fund (313):
2 a. Public transportation systems account (01).
3 b. Metropolitan mass transportation (02).
4 13. Clean air fund (314):
5 a. Operating permit program account (01).
6 b. Mobile source account (02).
7 14. Centralized services fund (323).
8 15. State exposition special fund (325).
9 16. Family benefit fund (329).
10 17. Agency enterprise fund (331):
11 a. OGS convention center account (55).
12 18. Agencies internal service fund (334):
13 a. Archives records management account (02).
14 b. Federal single audit account (05).
15 c. Quick copy center account (07).
16 d. Civil service law: sec 11 admin account (09).
17 e. Civil service EHS occupational health program account (10).
18 f. Banking services account (12).
19 g. Cultural resources survey account (14).
20 h. Neighborhood work project (17).
21 i. Automation & printing chargeback account (18).
22 j. OFT NYT account (20).
23 k. Data center account (23).
24 l. Human service telecom account (24).
25 m. OMRDD copy center account (26).
26 n. Financial management system account.
27 o. Intrusion detection account.
28 19. Miscellaneous special revenue fund (339):
29 a. Statewide planning and research cooperative system account (03).
30 b. OMRDD provider of service account (05).
31 c. New York state thruway authority account (08).
32 d. Financial control board account (15).
33 e. Regulation of racing account (16).
34 f. New York metropolitan transportation council account (17).
35 g. Quality of care account (20).
36 h. Certificate of need account (26).
37 i. Hospital and nursing home management account (44).
38 j. State university dormitory income reimbursable account (47).
39 k. Energy research account (60).
40 l. Criminal justice improvement account (62).
41 m. Fingerprint identification and technology account (68).
42 n. Environmental laboratory reference fee account (81).
43 o. Clinical laboratory reference system assessment account (90).
44 p. Public employment relations board account (93).
45 q. Radiological health protection account (95).
46 r. Teacher certification account (A4).
47 s. Banking department account (A5).
48 t. Cable television account (A6).
49 u. Indirect cost recovery account (AH).
50 v. High school equivalency program account (AI).
51 w. Rail safety inspection account (AQ).
52 x. Child support incentive revenue account (AX).
53 y. Multi-agency training account (AY).
54 z. Insurance department account (B6).
55 aa. Industry and utility service account (BK).
56 bb. Real property disposition account (BP).
S. 6456 84 A. 9556
1 cc. Parking account (BQ).
2 dd. Asbestos safety training program account (BW).
3 ee. Improvement of real property tax administration account (BZ).
4 ff. Public service account (C3).
5 gg. Plant industry account (CZ).
6 hh. Batavia school for the blind account (D9).
7 ii. Investment services account (DC).
8 jj. Surplus property account (DE).
9 kk. Financial oversight account (DI).
10 ll. Regulation of indian gaming account (DT).
11 mm. Special conservation activities account (DU).
12 nn. Interest assessment account (DZ).
13 oo. Office of the professions account (E3).
14 pp. Rome school for the deaf account (E6).
15 qq. Seized assets account (E8).
16 rr. Administrative adjudication account (E9).
17 ss. Federal salary sharing account (EC).
18 tt. Cultural education account (EN).
19 uu. Examination and miscellaneous revenue account (ER).
20 vv. Transportation regulation account (F1).
21 ww. Consumer protection account (F2).
22 xx. State student financial aid audit account (FA).
23 yy. Local services account (G3).
24 zz. Electronic benefit transfer and common benefit identification card
25 account (GD).
26 aaa. Division of housing and community renewal housing information
27 systems special revenue account (H1).
28 bbb. Housing special revenue account (H2).
29 ccc. Department of motor vehicles compulsory insurance account (H7).
30 ddd. Housing Indirect cost recovery (HI).
31 eee. Housing credit agency application fee account (J5).
32 fff. EPIC premium account (J6).
33 ggg. Federal gasoline and diesel fuel excise tax account (L6).
34 hhh. Administrative reimbursement account (L7).
35 iii. Medical assistance disability account (LF).
36 jjj. Low income housing credit monitoring fee account (NG).
37 kkk. Procurement opportunities newsletter account (P4).
38 lll. Corporation administration account (P6).
39 mmm. Public authority governance account (PA).
40 nnn. Montrose veteran's home account (Q6).
41 ooo. Excelsior capital corporation reimbursement account (R1).
42 ppp. Motor fuel quality account (R4).
43 qqq. Weights and measures account (R5).
44 rrr. Deferred compensation administration account (R7).
45 sss. Rent revenue other account (RR).
46 ttt. Batavia medicaid income account (S1).
47 uuu. Rent revenue account (S8).
48 vvv. Tax revenue arrearage account (TR).
49 www. Solid waste management account (W3).
50 xxx. Occupational health clinics account (W4).
51 yyy. Tenured teacher hearing account (YR).
52 zzz. OMRDD day services account.
53 aaaa. Point insurance reduction program account.
54 20. State university income fund (345):
55 a. State university general income offset account (11).
56 21. State police and motor vehicle law enforcement fund (354):
S. 6456 85 A. 9556
1 a. State police motor vehicle law enforcement account (02).
2 22. Youth facilities improvement fund (357):
3 a. Youth facilities improvement account (01).
4 23. Highway safety program fund (362):
5 a. Highway safety program account (01).
6 24. Drinking water program management and administration fund (366):
7 a. EFC drinking water program account (01).
8 b. DOH drinking water program account (02).
9 25. New York city county clerks offset fund (368):
10 a. NYCCC operating offset account (01).
11 26. Housing assistance fund (374).
12 27. Housing program fund (376).
13 28. Department of transportation - engineering services fund (380):
14 a. Highway facility purpose account (01).
15 29. Miscellaneous capital projects fund (387):
16 a. Clean air capital account (08).
17 30. Mental hygiene facilities capital improvement fund (389).
18 31. Joint labor/management administration fund (394):
19 a. Joint labor/management administration fund (01).
20 32. Audit and control revolving fund (395):
21 a. Executive direction internal audit account (04).
22 33. Health insurance internal service fund (396):
23 a. Health insurance internal service account (00).
24 b. Civil service employee benefits div admin (01).
25 34. Correctional industries revolving fund (397).
26 35. Correctional facilities capital improvement fund (399).
27 36. Industrial exhibit authority fund (450).
28 37. Federal unemployment insurance administration fund (480):
29 a. UI administration (01).
30 38. Federal unemployment insurance occupational training fund (484):
31 a. Federal unemployment insurance occupational training (00).
32 b. Disaster relief grants (01).
33 39. Federal employment and training grants (486):
34 a. DOL workforce investment act (09).
35 40. HCRA resources fund (061):
36 a. EPIC premium account (J6).
37 b. Maternal and child HIV services account (LC).
38 c. Hospital based grants program account (AF).
39 d. Child health plus program account (29).
40 § 2. The state comptroller is hereby authorized and directed to loan
41 money in accordance with the provisions set forth in subdivision 5 of
42 section 4 of the state finance law to any account within the following
43 federal funds, provided the comptroller has made a determination that
44 sufficient federal grant award authority is available to reimburse such
45 loans:
46 1. Federal USDA-food and nutrition services fund (261).
47 2. Federal health and human services fund (265).
48 3. Federal education grants fund (267).
49 4. Federal block grant fund (269).
50 5. Federal operating grants fund (290).
51 6. Federal capital projects fund (291).
52 § 3. Notwithstanding any law to the contrary, and in accordance with
53 section 4 of the state finance law, the comptroller is hereby authorized
54 and directed to transfer, upon request of the director of the budget, on
55 or before March 31, 2007, up to the unencumbered balance or the follow-
56 ing amounts:
S. 6456 86 A. 9556
1 Economic Development and Public Authorities:
2 1. $900,000 from the miscellaneous special revenue fund (339), bell
3 jar account (BJ), to the general fund.
4 2. $400,000 from the general fund to the miscellaneous special revenue
5 fund (339), regulation of racing account (16).
6 3. $10,000 from the miscellaneous special revenue fund (339), electric
7 generating intervenor account (02), to the general fund.
8 4. $50,000 from the miscellaneous special revenue fund (339), COCOT
9 account (IA), to the general fund.
10 5. $155,000 from the miscellaneous special revenue fund (339), under-
11 ground facilities safety training account (US), to the general fund.
12 6. $48,269,000 from the miscellaneous special revenue fund (339),
13 business and licensing services account (AG), to the general fund.
14 7. $13,510,000 from the miscellaneous special revenue fund (339), code
15 enforcement account (07), to the general fund.
16 Education:
17 1. $2,072,500,000 from the general fund to the state lottery fund
18 (160), education account (03), as reimbursement for disbursements made
19 from such fund for supplemental aid to education pursuant to section
20 92-c of the state finance law that are in excess of the amounts deposit-
21 ed in such fund for such purposes pursuant to section 1612 of the tax
22 law.
23 2. $325,000,000 from the general fund to the state lottery fund (160),
24 VLT education account (06), as reimbursement for disbursements made from
25 such fund for supplemental aid to education pursuant to section 92-c of
26 the state finance law that are in excess of the amounts deposited in
27 such fund for such purposes pursuant to section 1612 of the tax law.
28 3. Moneys from the state lottery fund (160) VLT education account (06)
29 up to an amount deposited in such fund pursuant to section 1612 of the
30 tax law in excess of the current year appropriation for such purposes to
31 the state lottery fund (160) education account (03) for supplemental aid
32 to education pursuant to section 92-c of the state finance law.
33 4. $300,000 from the local government records management improvement
34 fund (052) to the archives partnership trust fund (024).
35 5. $700,000 from the general fund to the miscellaneous special revenue
36 fund (339), Batavia school for the blind account (D9).
37 6. $600,000 from the general fund to the miscellaneous special revenue
38 fund (339), Rome school for the deaf account (E6).
39 7. $1,500,000 from the general fund for the private schools for the
40 blind and deaf may be transferred to the department of health miscella-
41 neous special revenue fund (339), quality assurance and audit revenue
42 activities account (GB). Notwithstanding any other law, rule or regu-
43 lation to the contrary, funds shall be available for transfer to the
44 department of health miscellaneous special revenue fund (339), quality
45 assurance and audit revenue activities account (GB), upon the approval
46 by the director of the budget of a staffing and expenditure plan devel-
47 oped by the department of health in consultation with the state educa-
48 tion department.
49 8. $35,000,000 from the state university dormitory income fund (330)
50 to the state university residence hall rehabilitation fund (074).
51 9. $260,000,000 from the state university dormitory income fund (330)
52 to the miscellaneous special revenue fund (339), state university dormi-
53 tory income reimbursable account (47).
54 10. $10,000,000 from the state university dormitory income fund (330)
55 to the state university income fund (345), state university general
56 income fund reimbursable account (10), for SUNY corporate purposes.
S. 6456 87 A. 9556
1 11. $4,000,000 from the general fund to the miscellaneous special
2 revenue fund (339), volunteer recruitment service scholarships account
3 (VR).
4 12. $1,200,000 from the miscellaneous special revenue fund (339),
5 cultural education account (EN), to the general fund.
6 13. $1,000,000 from the miscellaneous special revenue fund (339),
7 cultural education account (EN), to the miscellaneous special revenue
8 fund (339), summer school of the arts account (38).
9 14. $100,000 from the miscellaneous special revenue fund (339),
10 improvement of real property tax administration account (BZ), to the
11 miscellaneous special revenue fund (339), indirect cost recovery account
12 (AH).
13 15. $32,000,000 from the state university income fund (345), state
14 university general income fund reimbursable account (10), to the general
15 fund.
16 16. $24,000,000 from any of the state education department special
17 revenue and internal service funds to the miscellaneous special revenue
18 fund (339), indirect cost recovery account (AH).
19 17. $8,318,000 from the general fund to the state university income
20 fund (345), state university income offset account (11), for the state's
21 share of repayment of the STIP loan.
22 18. $20,000,000 from the miscellaneous special revenue fund (339),
23 cultural education account (EN), to the miscellaneous capital projects
24 fund (387), cultural education trust account.
25 Environmental Affairs:
26 1. $500,000 from the department of transportation's federal capital
27 projects fund (291) to the office of parks and recreation federal oper-
28 ating grants fund (290), miscellaneous operating grants account.
29 2. $20,000 from the miscellaneous special revenue fund (339), seal of
30 quality account (67), to the miscellaneous special revenue fund (339),
31 farm products inspection trust fund - williamson (65).
32 3. $450,000 from the miscellaneous special revenue fund (339), motor
33 fuel quality account (R4), to the general fund.
34 4. $12,000,000 from the environmental conservation special revenue
35 fund (301), waste tire management and recycling account (48) to the
36 general fund.
37 5. $15,000,000 from the general fund to the hazardous waste remedial
38 fund (312), hazardous waste remediation oversight and assistance account
39 (00).
40 6. $2,100,000 from the environmental conservation special revenue fund
41 (301), environmental enforcement account (S5), to the general fund.
42 7. $800,000 from the environmental conservation special revenue fund
43 (301), all terrain vehicle development and maintenance account (TV), to
44 the general fund.
45 8. $5,500,000 from the general fund to the state park infrastructure
46 fund (076), state infrastructure account (01).
47 9. $10,000,000 from the environmental protection fund (078), environ-
48 mental transfer account (01) to the general fund.
49 10. $2,500,000 from the miscellaneous special revenue fund (339),
50 snowmobile account (41) to the general fund.
51 Family Assistance:
52 1. $10,000,000 from any of the office of children and family services,
53 office of temporary and disability assistance, or department of health
54 special revenue federal funds and the general fund, in accordance with
55 agreements with social services districts, to the miscellaneous special
S. 6456 88 A. 9556
1 revenue fund (339), office of human resources development state match
2 account (2C).
3 2. $3,000,000 from any of the office of children and family services
4 or office of temporary and disability assistance special revenue federal
5 funds to the miscellaneous special revenue fund (339), family preserva-
6 tion and support services and family violence services account (GC).
7 3. $16,000,000 from any of the office of children and family services
8 or office of temporary and disability assistance special revenue federal
9 funds and any other miscellaneous revenues generated from the operation
10 of office of children and family services programs to the miscellaneous
11 special revenue fund (339), office of children and family services
12 program account (L4).
13 4. $12,000,000 from any of the office of children and family services
14 special revenue federal funds to the general fund for title IV-E
15 reimbursement of youth facility costs.
16 5. $30,000,000 from any of the office of children and family services
17 or office of temporary and disability assistance special revenue federal
18 funds and any other miscellaneous revenues generated from the operation
19 of office of children and family services programs to the miscellaneous
20 special revenue fund (339), office of children and family services
21 income account (AR).
22 6. $10,000,000 from any of the office of children and family services
23 or office of temporary and disability assistance special revenue funds
24 or the general fund to the miscellaneous special revenue fund (339),
25 connections account (WK).
26 7. $26,000,000 from any of the office of temporary and disability
27 assistance accounts within the federal health and human services fund
28 (265) to the general fund.
29 8. $6,300,000 from the federal health and human services fund (265) to
30 the miscellaneous special revenue fund (339), ODD earned revenue account
31 (AD).
32 9. $6,800,000 from any of the office of temporary and disability
33 assistance accounts within the federal health and human services fund
34 (265) to the miscellaneous special revenue fund (339), client notices
35 account (EG).
36 10. $88,532,000 from any of the office of temporary and disability
37 assistance, department of health or office of children and family
38 services special revenue federal funds to the miscellaneous special
39 revenue fund (339), office of temporary and disability assistance income
40 account (L7).
41 11. $4,000,000 from the federal block grant fund (269) to the miscel-
42 laneous special revenue fund (339), home energy assistance earned reven-
43 ue account (QA).
44 12. $7,500,000 from any of the office of temporary and disability
45 assistance or office of children and family services special revenue
46 federal funds to the miscellaneous special revenue fund (339), office of
47 temporary and disability assistance program account (AL).
48 13. $500,000 from any of the office of temporary and disability
49 assistance special revenue federal funds to the miscellaneous special
50 revenue fund (339), food stamp recovery account (D4).
51 14. $50,000,000 from any of the office of children and family
52 services, office of temporary and disability assistance, department of
53 labor, and department of health special revenue federal funds to the
54 office of children and family services miscellaneous special revenue
55 fund (339), multi-agency training contract account (AY).
S. 6456 89 A. 9556
1 15. $1,000,000 from the general fund to the miscellaneous special
2 revenue fund (339), food stamp reinvestment account (CB).
3 16. $30,000,000 from the office of temporary and disability assistance
4 federal health and human services fund (265) to the miscellaneous
5 special revenue fund (339), child support incentive revenue account
6 (AX).
7 17. $6,300,000 from any of the office of children and family services,
8 office of temporary and disability assistance, department of labor, and
9 department of health special revenue federal funds to the office of
10 temporary and disability assistance miscellaneous special revenue fund
11 (339), multi-agency systems development account (XY).
12 18. $2,350,000 from any of the office of temporary and disability
13 assistance special revenue federal funds, in accordance with agreements
14 with social services districts, to the miscellaneous special revenue
15 fund (339), OTDA office of human resources development state match
16 account (49).
17 19. $9,200,000 from any of the office of temporary and disability
18 assistance special revenue federal funds, to the miscellaneous special
19 revenue fund (339), OTDA training contract account (48).
20 20. $500,000 from any of the office of temporary and disability
21 assistance and department of health special revenue federal funds to the
22 miscellaneous special revenue fund (339), welfare inspector general
23 administrative reimbursement account (WW).
24 21. $50,000 from the combined expendable trust fund (020) DFY recre-
25 ation and welfare account (B4) to the combined expendable trust fund
26 (020) youth gifts, grants and bequests account (A7).
27 General Government:
28 1. $125,000 from the miscellaneous special revenue fund (339), exam-
29 ination and miscellaneous revenue account (ER) to the general fund.
30 2. $12,500,000 from the general fund to the health insurance revolving
31 fund (396).
32 3. $192,400,000 from the health insurance reserve receipts fund (167)
33 to the general fund.
34 4. $150,000 from the general fund to the not-for-profit revolving loan
35 fund (055).
36 5. $150,000 from the not-for-profit revolving loan fund (055) to the
37 general fund.
38 6. $65,000,000 from the miscellaneous special revenue fund (339),
39 revenue arrearage account (CR), to the agencies internal service fund
40 (334), financial management system account.
41 7. $150,000 from the miscellaneous special revenue fund (339), revenue
42 average account (CR) to the miscellaneous special revenue fund (339),
43 public authority governance account (PA).
44 8. $1,500,000 from the miscellaneous special revenue fund (339),
45 revenue arrearage account (CR) to the miscellaneous special revenue fund
46 (339), authority budget office account.
47 9. $25,000,000 from the miscellaneous special revenue fund (339), real
48 property disposition account (BP), to the general fund.
49 10. $2,000,000 from the miscellaneous special revenue fund (339),
50 surplus property account (DE), to the general fund.
51 11. $19,779,000 from the general fund to the miscellaneous special
52 revenue fund (339), alcoholic beverage control account (DB).
53 12. $1,300,000 from the general fund to the miscellaneous special
54 revenue fund (339), inspector general operations account (11).
55 13. $2,000,000 from the miscellaneous special revenue fund (339),
56 federal liability account (FL), to the general fund.
S. 6456 90 A. 9556
1 14. $13,000,000 from the centralized services fund (323), COPS account
2 (19), to the general debt service fund (311), debt service lease
3 payments account (01).
4 15. $600,000 from the miscellaneous internal service fund (334),
5 entrepreneurial technology account (21), to the agencies internal
6 service fund (334), financial management systems account.
7 16. $1,000,000 from the miscellaneous special revenue fund (339),
8 parking services account (BQ), to the general debt service fund (311),
9 general debt services account (01).
10 17. $300,000 from the miscellaneous special revenue fund (339), public
11 employment relations account (93), to the general fund.
12 Health:
13 1. $1,500,000 from any of the department of health accounts within the
14 federal health and human services fund (265) to the department of health
15 miscellaneous special revenue fund (339), quality assurance and audit
16 revenue activities account (GB).
17 2. $139,000,000 from any of the department of health accounts within
18 the federal health and human services fund (265) to the miscellaneous
19 special revenue fund (339), quality of care account (20).
20 3. $30,000,000 from the miscellaneous special revenue fund (339),
21 quality of care account (20), to the general fund.
22 4. $3,200,000 from the miscellaneous special revenue fund (339), vital
23 records management account (JA), to the general fund.
24 5. $1,000,000 from the miscellaneous special revenue fund (339),
25 triple prescription forms account (H5), to the general fund.
26 6. $1,000,000 from the general fund to the combined gifts, grants and
27 bequests fund (020), breast cancer research and education account (BD),
28 an amount equal to the monies collected and deposited into that account
29 in the previous fiscal year.
30 7. $2,464,000 from any of the department of health accounts within the
31 federal health and human services fund (265) to the department of health
32 miscellaneous special revenue fund (339), statewide planning and
33 research cooperation system (SPARCS) program account (03).
34 8. $150,000 from the general fund to the combined gifts, grants and
35 bequests fund (020), prostate cancer research, detection, and education
36 account (PR), an amount equal to the moneys collected and deposited into
37 that account in the previous fiscal year.
38 9. $500,000 from the general fund to the combined gifts, grants and
39 bequests fund (020), Alzheimer's disease research and assistance account
40 (AA), an amount equal to the moneys collected and deposited into that
41 account in the previous fiscal year.
42 Labor:
43 1. $638,000 from the labor standards miscellaneous special revenue
44 fund (339), fee and penalty account (30), to the child performer
45 protection fund (025), child performer protection account (CP).
46 2. $3,000,000 from the miscellaneous special revenue fund (339), fee
47 and penalty account (30), to the unemployment insurance (480), unemploy-
48 ment insurance administration account (01).
49 3. $3,000,000 from the training and education program on occupational
50 safety and health fund (305), training and education account (01), to
51 the unemployment insurance administration fund (480), unemployment
52 insurance administration account (01).
53 Mental Hygiene:
54 1. $3,700,000 from the miscellaneous special revenue fund (339),
55 mental hygiene patient income account (13), to the miscellaneous special
S. 6456 91 A. 9556
1 revenue fund (339), commission on quality of care federal salary sharing
2 account (EC).
3 2. $10,000,000 from the miscellaneous special revenue fund (339),
4 mental hygiene patient income account (13), to the miscellaneous special
5 revenue fund (339), office of alcoholism and substance abuse services
6 federal salary sharing account (EC).
7 3. $75,000,000 from the miscellaneous special revenue fund (339),
8 mental hygiene patient income account (13) to the miscellaneous special
9 revenue fund (339), provider of service account (05).
10 4. $25,000,000 from the general fund to the miscellaneous special
11 revenue fund (339), provider of service account (05).
12 Public Protection:
13 1. $3,300,000 from the general fund to the miscellaneous special
14 revenue fund (339), recruitment incentive account (U2).
15 2. $14,000,000 from the general fund to the correctional industries
16 revolving fund (397), correctional industries internal service account
17 (00).
18 3. $27,800,000 from the miscellaneous special revenue fund (339),
19 statewide public safety communications account (LZ), to the miscella-
20 neous special revenue fund (339), seized assets account (E8).
21 4. $1,500,000 from the miscellaneous special revenue fund (339),
22 statewide public safety communications account (LZ), to the combined
23 gifts, grants and bequests fund (020), New York state emergency services
24 revolving loan account (AU).
25 5. $10,000,000 from the miscellaneous special revenue fund (339),
26 statewide public safety communications account (LZ), to the miscella-
27 neous special revenue fund (339), local wireless public safety answering
28 point account (LW).
29 6. $21,000,000 from the miscellaneous special revenue fund (339),
30 statewide public safety communications account (LZ), to the general debt
31 service fund (311), revenue bond tax account (02).
32 7. $10,000,000 from federal miscellaneous operating grants fund (290),
33 DMNA damage account (71), to the general fund.
34 8. $2,200,000 from the miscellaneous special revenue fund (339), fing-
35 erprint identification and technology account (68), to the general fund.
36 9. $5,000,000 from the general fund to the miscellaneous special
37 revenue fund (339), crimes against revenue program account (CA).
38 10. $11,500,000 from the federal miscellaneous operating grants fund
39 (290), world trade center account, to the general fund.
40 11. $2,000,000 from the general fund to the attica state employee
41 victims' fund (013).
42 12. $200,000 from the miscellaneous special revenue fund (339) cell
43 tower revenue account (CT) to the general fund.
44 13. $20,000,000 from any department of criminal justice services or
45 homeland security accounts within the federal miscellaneous operating
46 grants fund (290), receiving money through the homeland security grants
47 program, to the general fund.
48 Transportation:
49 1. $4,300,000 from the federal miscellaneous operating grants fund
50 (290) to the special revenue fund (339), tri-state federal regional
51 planning account (17).
52 2. $16,500,000 from the federal capital projects fund (291) to the
53 special revenue fund (339), tri-state federal regional planning account
54 (17).
55 3. $12,300,000 from the miscellaneous special revenue fund (339),
56 compulsory insurance account (H7), to the general fund.
S. 6456 92 A. 9556
1 4. $25,400,000 from the suburban transportation fund (327) to the mass
2 transportation operating assistance fund (313), additional mass trans-
3 portation fund account (06).
4 Miscellaneous:
5 1. $75,000,000 from the general fund to any funds or accounts for the
6 purpose of reimbursing certain outstanding accounts receivable balances.
7 2. $250,000,000 from the general fund to the debt reduction reserve
8 fund (064).
9 § 4. Notwithstanding any law to the contrary, and in accordance with
10 section 4 of the state finance law, the comptroller is hereby authorized
11 and directed to transfer, on or before March 31, 2007:
12 1. upon request of the commissioner of environmental conservation, up
13 to $10,171,600 from revenues credited to any of the department of envi-
14 ronmental conservation special revenue funds, including $2,952,100 from
15 the environmental protection and oil spill compensation fund (303), and
16 $1,709,900 from the conservation fund (302), to the environmental
17 conservation special revenue fund (301), indirect charges account (BJ).
18 2. upon request of the commissioner of agriculture and markets, up to
19 $1,000,000 from any special revenue fund or enterprise fund within the
20 department of agriculture and markets to the miscellaneous special
21 revenue fund (339) administrative costs account, to pay appropriate
22 administrative expenses.
23 3. upon request of the commissioner of agriculture and markets, up to
24 $3,000,000 from the state exposition special fund (325), state fair
25 receipts account (01), or the industrial exhibit authority fund (450),
26 industrial exhibit authority account (01), to the miscellaneous capital
27 projects fund (387), state fair capital improvement account (13).
28 4. upon request of the commissioner of the division of housing and
29 community renewal, up to $2,911,000 from revenues credited to any divi-
30 sion of housing and community renewal miscellaneous special revenue fund
31 (339) to the agency cost recovery account (HI).
32 5. upon request of the commissioner of health up to $15,000,000 from
33 revenues credited to any of the department of health's special revenue
34 funds, to the miscellaneous special revenue fund (339), administration
35 account (AP).
36 § 5. Notwithstanding any law to the contrary, the state university
37 chancellor or his designee is authorized and directed to transfer esti-
38 mated tuition revenue balances from the state university collection fund
39 (344) to the state university fund (345), state university revenue
40 offset account (12) on March 29, 2007.
41 § 6. Notwithstanding any law to the contrary, and in accordance with
42 section 4 of the state finance law, the comptroller is hereby authorized
43 and directed to transfer, upon request of the state university chancel-
44 lor or his designee, up to $12,000,000 from the state university income
45 fund (345), state university hospitals income reimbursable account (22)
46 under hospital income reimbursable for services and expenses of hospital
47 operations and capital expenditures at the state university hospitals,
48 and the state university income fund (345) Long Island veterans' home
49 account (09) to the state university capital projects fund (384) on or
50 before June 30, 2007.
51 § 7. Notwithstanding any law to the contrary, and in accordance with
52 section 4 of the state finance law, the comptroller is hereby authorized
53 and directed to transfer, upon request of the director of the budget, up
54 to $139,500,000 from the general fund to the state university income
55 fund (345), state university hospitals income reimbursable account (22)
56 during the period July 1, 2006 through June 30, 2007 to reflect ongoing
S. 6456 93 A. 9556
1 state subsidy of SUNY hospitals and to pay costs attributable to the
2 SUNY hospitals' state agency status.
3 § 8. Notwithstanding any law to the contrary, and in accordance with
4 section 4 of the state finance law, the comptroller, after consultation
5 with the state university chancellor or his or her designee, is hereby
6 authorized and directed to transfer moneys, in the first instance, from
7 the state university collection fund (344), Stony Brook hospital
8 collection account (07), Brooklyn hospital collection account (08), and
9 Syracuse hospital collection account (09) to the state university income
10 fund (345), state university hospitals income reimbursable account (22)
11 in the event insufficient funds are available in the state university
12 income fund (345), state university hospitals income reimbursable
13 account (22) to transfer moneys, in amounts sufficient to permit the
14 full transfer of moneys authorized for transfer, to the general debt
15 service fund (311) for payment of debt service related to the SUNY
16 hospitals. Notwithstanding any law to the contrary, the comptroller is
17 also hereby authorized and directed, after consultation with the state
18 university chancellor or his or her designee, to transfer moneys from
19 the state university income fund (345) to the state university income
20 fund (345), state university hospitals income reimbursable account (22)
21 in the event insufficient funds are available in the state university
22 income fund (345), state university hospitals income reimbursable
23 account (22) to pay hospital operating costs or to transfer moneys, in
24 amounts sufficient to permit the full transfer of moneys authorized for
25 transfer, to the general debt service fund (311) for payment of debt
26 service related to the SUNY hospitals on or before March 31, 2007.
27 § 9. On or before March 31, 2007, the comptroller is hereby authorized
28 and directed to deposit earnings that would otherwise accrue to the
29 general fund that are attributable to the operation of section 98-a of
30 the state finance law, to the agencies internal service fund (334),
31 banking services account (12), for the purpose of meeting direct
32 payments from such account.
33 § 10. The comptroller is authorized and directed to deposit to the
34 general fund - state purposes account reimbursements from moneys appro-
35 priated or reappropriated to the correctional facilities capital
36 improvement fund (399) by a chapter of the laws of 2006. Reimbursements
37 shall be available for spending from appropriations made to the depart-
38 ment of correctional services in the general fund - state purposes
39 account by a chapter of the laws of 2006 for costs associated with the
40 administration and security of capital projects and for other costs
41 which are attributable, according to a plan, to such capital projects.
42 § 11. Subdivision 5 of section 97-rrr of the state finance law, as
43 added by section 9 of part Y of chapter 61 of the laws of 2005, is
44 amended to read as follows:
45 5. Notwithstanding the provisions of section one hundred seventy-one-a
46 of the tax law, as separately amended by chapters four hundred eighty-
47 one and four hundred eighty-four of the laws of nineteen hundred eight-
48 y-one, or any other provisions of law to the contrary, during [the] each
49 fiscal year [beginning April first, two thousand five], the state comp-
50 troller is hereby authorized and directed to deposit to the fund created
51 pursuant to this section, from amounts collected pursuant to article
52 twenty-two of the tax law [and], the amounts necessary to meet the
53 purposes of such fund for each fiscal year pursuant to a schedule
54 submitted by the director of the budget[, up to $3,222,000,000, as may
55 be certified in such schedule as necessary to meet the purposes of such
56 fund for the fiscal year beginning April first, two thousand five].
S. 6456 94 A. 9556
1 § 12. Subdivision 6 of section 4 of the state finance law, as amended
2 by section 6 of part II of chapter 59 of the laws of 2004, is amended to
3 read as follows:
4 6. Notwithstanding any law to the contrary, at the beginning of the
5 state fiscal year, the state comptroller is hereby authorized and
6 directed to receive for deposit to the credit of a fund and/or an
7 account such monies as are identified by the director of the budget as
8 having been intended for such deposit to support disbursements from such
9 fund and/or account made in pursuance of an appropriation by law. As
10 soon as practicable upon enactment of the budget, the director of the
11 budget shall, but not less than three days following preliminary
12 submission to the [chairs] chairpersons of the senate finance committee
13 and the assembly ways and means committee, file with the state comp-
14 troller an identification of specific monies to be so deposited. Any
15 subsequent change regarding the monies to be so deposited shall be filed
16 by the director of the budget, as soon as practicable, but not less than
17 three days following preliminary submission to the [chairs] chairpersons
18 of the senate finance committee and the assembly ways and means commit-
19 tee.
20 All monies identified by the director of the budget to be deposited to
21 the credit of a fund and/or account shall be consistent with the intent
22 of the budget for the then current state fiscal year as enacted by the
23 legislature.
24 [The provisions of this subdivision shall expire on March thirty-
25 first, two thousand six.]
26 § 13. Subdivision 4 of section 40 of the state finance law, as amended
27 by section 7 of part II of chapter 59 of the laws of 2004, is amended to
28 read as follows:
29 4. Every appropriation made from a fund or account to a department or
30 agency shall be available for the payment of prior years' liabilities in
31 such fund or account for fringe benefits, indirect costs, and telecommu-
32 nications expenses and expenses for other centralized services fund
33 programs without limit. Every appropriation shall also be available for
34 the payment of prior years' liabilities other than those indicated
35 above, but only to the extent of one-half of one percent of the total
36 amount appropriated to a department or agency in such fund or account.
37 [The provisions of this subdivision shall expire March thirty-first,
38 two thousand six.]
39 § 14. Notwithstanding any law to the contrary, appropriations related
40 to the collection and processing of civil fingerprints, or to the deter-
41 mination of eligibility for employment as a result of a criminal history
42 check may be interchanged to any other appropriation, without limit, for
43 the purpose of implementing a consolidated statewide system serving the
44 same purpose.
45 § 15. (1) Pursuant to various chapters of the laws of 2006 making
46 appropriations for capital projects, such appropriations shall be deemed
47 to provide all costs necessary and pertinent to accomplish the intent of
48 the appropriation, including apportionments to departments, agencies, or
49 corporations for the purposes of the specific appropriation or for
50 payment to the construction management account of the centralized
51 services fund of the New York state office of general services for the
52 preparation and review of plans, specifications, estimates, services,
53 construction management and supervision, inspection, studies,
54 appraisals, surveys, testing, and environmental statements relating to
55 existing or proposed facilities.
S. 6456 95 A. 9556
1 Appropriations from the capital projects fund, the city university of
2 New York capital projects fund, the mental hygiene capital improvement
3 fund, the department of health facilities capital improvement fund, the
4 correctional facilities capital improvement fund, the youth facilities
5 improvement fund, the housing assistance fund, the housing program fund,
6 the engineering services fund, the dedicated highway and bridge trust
7 fund, the suburban transportation fund, the state park infrastructure
8 fund, the passenger facility charge fund, the state university residence
9 hall rehabilitation fund, the state university capital projects fund,
10 the New York state canal system development fund, the financial security
11 fund, the natural resources damages fund, the federal capital projects
12 fund, the regional aviation fund, and the hazardous waste remedial fund
13 are appropriated in accordance with the provisions of section 93 of the
14 state finance law. Moneys appropriated from each such fund type for
15 capital construction projects (CCPs), for agency purposes within CCPs,
16 and for projects sharing the same agency purpose within a CCP may be
17 transferred among projects within a CCP in accordance with paragraphs
18 (a) through (g) of subdivision 4 of section 93 of the state finance law
19 and may be transferred among purposes within a CCP subject to the limi-
20 tations of paragraph (e) of subdivision 4 of section 93 of the state
21 finance law.
22 Notwithstanding the provisions of any general or special law, the
23 provisions of paragraphs (a) through (g) of subdivision 4 of section 93
24 of the state finance law which relate to the transfer of a portion of a
25 capital appropriation to another capital appropriation shall be applica-
26 ble to appropriations from each fund.
27 (2) The following funds are eligible to be reimbursed from miscella-
28 neous receipts or the proceeds of notes or bonds sold by public authori-
29 ties, as specified in this subdivision:
30 (a) the health facilities capital improvement fund, from the proceeds
31 of the sale of notes or bonds issued by the New York state dormitory
32 authority;
33 (b) the dedicated highway and bridge trust fund, from miscellaneous
34 receipts, reimbursement for administrative costs of mailing services or
35 the proceeds of the sale of notes or bonds issued by the New York state
36 thruway authority;
37 (c) the youth facilities improvement fund and the correctional facili-
38 ties capital improvement fund, from the proceeds of the sale of notes or
39 bonds issued by the New York state urban development corporation;
40 (d) the housing assistance fund and the housing program fund, from the
41 proceeds of the sale of notes or bonds issued by the housing finance
42 agency;
43 (e) the mental hygiene capital facilities improvement fund, from
44 miscellaneous receipts or the proceeds of the sale of notes or bonds
45 issued by the New York state dormitory authority as successor to the
46 medical care facilities financing agency pursuant to chapter 83 of the
47 laws of 1995;
48 (f) the environmental protection fund, from miscellaneous receipts or
49 the proceeds of the sale of notes or bonds issued by the New York state
50 environmental facilities corporation. The comptroller shall receive such
51 reimbursements for deposit in the funds so specified;
52 (g) the hazardous waste remedial fund, from miscellaneous receipts or
53 the proceeds of the sale of notes or bonds issued by the New York state
54 environmental facilities corporation; and
S. 6456 96 A. 9556
1 (h) the state university residence hall rehabilitation fund, from
2 miscellaneous receipts or the proceeds of the sale of notes or bonds
3 issued by the dormitory authority.
4 (3) The comptroller is hereby authorized and directed to deposit
5 moneys received, as specified below:
6 (a) the engineering services fund shall receive reimbursements from
7 various capital appropriations;
8 (b) the financial security fund shall receive moneys recovered in
9 accordance with various required financial security arrangements for
10 environmental projects;
11 (c) the natural resources damages fund shall receive moneys recovered
12 from successful natural resource damage claims and related settlements;
13 (d) the regional aviation fund shall receive moneys from the lease of
14 Stewart airport, including any payments due to the state from related
15 settlements or agreements; and
16 (e) the miscellaneous capital projects fund state police account shall
17 receive moneys from the sale of surplus state police facilities.
18 (4) The comptroller shall certify monthly, to the director of the
19 budget and the chairs of the senate finance and assembly ways and means
20 committees, the total disbursements from the correctional facilities
21 capital improvement fund (399), the department of health facilities
22 capital improvement fund (071), the housing assistance fund (374), the
23 youth facilities improvement fund (357), the housing program fund (376),
24 and the mental hygiene capital improvement fund (389), the total
25 reimbursements to such funds from bond proceeds, and the amount of
26 disbursements from such funds remaining to be financed with bond
27 proceeds. Once a year, as soon as practicable after March 31, the comp-
28 troller shall certify, to the director of the budget and the chairs of
29 the senate finance and assembly ways and means committees, for the
30 fiscal year just ended, total disbursements from the correctional facil-
31 ities capital improvement fund, the department of health facilities
32 capital improvement fund, the youth facilities improvement fund, the
33 housing assistance fund, the housing program fund, and the mental
34 hygiene capital improvement fund any amounts transferred from the capi-
35 tal projects fund to such funds for nonbondable disbursements, the total
36 reimbursements to such funds from bond proceeds, and the amount of
37 disbursements from such funds remaining to be financed with bond
38 proceeds.
39 (5) The dormitory authority of the state of New York and the depart-
40 ment of health shall report quarterly to the director of the budget the
41 amounts expended from appropriations in the capital projects fund which
42 are eligible for reimbursement from the proceeds of the bonds. The hous-
43 ing finance agency, in conjunction with the affordable housing corpo-
44 ration, the homeless housing assistance corporation and the commissioner
45 of the office of temporary and disability assistance, and the housing
46 trust fund corporation shall report quarterly to the director of the
47 budget on the amounts disbursed from appropriations in the housing
48 program fund and the housing assistance fund which are eligible for
49 repayment from the proceeds of the bonds. The dormitory authority of the
50 state of New York, as successor to the facilities development corpo-
51 ration pursuant to chapter 83 of the laws of 1995, and the office of
52 mental health, the office of mental retardation and developmental disa-
53 bilities, and the office of alcoholism and substance abuse services
54 shall report quarterly to the director of the budget on the amounts
55 disbursed from appropriations in the mental hygiene capital improvement
56 fund which are eligible for reimbursement from the proceeds of the
S. 6456 97 A. 9556
1 bonds. Such reports shall be submitted to the director of the budget no
2 later than July 30, October 31, January 30, and April 30 of each state
3 fiscal year. The director of the budget shall review these reports and
4 then certify to the comptroller amounts expended from these appropri-
5 ations which are reimbursable from bond proceeds. Until such time as the
6 director of the budget determines that the amounts disbursed from such
7 funds are not reimbursable from bond proceeds, all such disbursements
8 shall be considered to be reimbursable from bond proceeds. Upon such
9 certifications for the housing assistance fund, the housing program
10 fund, and the mental hygiene capital improvement fund, the comptroller
11 is hereby authorized to transfer from the capital projects fund, pursu-
12 ant to an appropriation, an amount equal to the amount of disbursements
13 from these appropriations which have not been certified as repayable
14 from bond proceeds.
15 § 16. Notwithstanding any law, rule or regulation to the contrary,
16 effective April 1, 2006 and thereafter, the director of the budget, or
17 his or her designee, shall provide monthly reports to the state comp-
18 troller on disbursements which are not currently reflected in the state
19 central accounting system from proceeds of any notes or bonds issued by
20 any public authority, and which bonds or notes would be considered as
21 state-supported debt as defined in section 67-a of the state finance
22 law. Such reported disbursements shall be included in cash spending
23 totals for all applicable cash-basis of accounting reports issued by the
24 state comptroller.
25 § 17. Notwithstanding any other law, rule, or regulation to the
26 contrary, the comptroller is hereby authorized and directed to deposit,
27 to the credit of the capital projects fund, reimbursement from the
28 proceeds of notes and bonds issued by the environmental facilities
29 corporation for a capital appropriation for $22,404,000 authorized by
30 chapter 55 of the laws of 1999 to the department of environmental
31 conservation for payment of a portion of the state's match for federal
32 capitalization grants for the water pollution control revolving loan
33 fund, reimbursements for spending from various appropriations for
34 projects related to the New York city watershed, reimbursement from the
35 proceeds of notes and bonds issued by the environmental facilities
36 corporation for a capital appropriation for $22,500,000 authorized by
37 chapter 55 of the laws of 1999 to the environmental facilities corpo-
38 ration for payment for the jobs two thousand pipeline for jobs program,
39 reimbursement from the proceeds of notes and bonds issued by the dormi-
40 tory authority of the state of New York for a capital appropriation for
41 $47,500,000 authorized by chapter 55 of the laws of 1999 to the office
42 of science, technology and academic research for payment for the jobs
43 two thousand capital facilities program, reimbursement from the proceeds
44 of notes and bonds issued by the dormitory authority of the state of New
45 York for a capital appropriation for $145,000,000 authorized by chapter
46 53 of the laws of 1999 to the state education department for payment of
47 capital construction grants to school districts pursuant to the rebuild-
48 ing schools to uphold education program, and reimbursement from the
49 proceeds of notes and bonds issued by the urban development corporation
50 for a capital appropriation for $25,000,000 authorized by chapter 55 of
51 the laws of 1999 to all state agencies for payment of costs related to
52 economic development, land acquisition, and heritage trail projects.
53 § 18. Notwithstanding any other law, rule, or regulation to the
54 contrary, the comptroller is hereby authorized and directed to deposit,
55 to the credit of the capital projects fund, reimbursement from the
56 proceeds of notes or bonds issued by the environmental facilities corpo-
S. 6456 98 A. 9556
1 ration for a capital appropriation for $43,383,000 authorized by chapter
2 55 of the laws of 2000 to the department of environmental conservation
3 for payment of a portion of the state's match for federal capitalization
4 grants for the water pollution control revolving loan fund, to reimburse
5 spending from various appropriations for certain projects related to the
6 New York city watershed, reimbursement from the proceeds of notes and
7 bonds issued by the urban development corporation for capital appropri-
8 ation for $15,000,000 authorized by chapter 55 of the laws of 2000 to
9 the urban development corporation for payment of costs related to a
10 sports facility in the city of Rochester, reimbursement from the
11 proceeds of notes and bonds issued by the urban development corporation
12 of the state of New York for a capital appropriation for $50,000,000
13 authorized by chapter 55 of the laws of 2000 to the urban development
14 corporation for payment of costs related to economic development
15 projects in the downtown Buffalo, the Buffalo inner harbor area, or
16 surrounding environs, reimbursement from proceeds of notes and bonds
17 issued by the urban development corporation, the environmental facili-
18 ties corporation, the dormitory authority of the state of New York for a
19 capital appropriation for $225,000,000 authorized by chapter 55 of the
20 laws of 2000 to all state agencies for payment of costs related to the
21 strategic investment program, reimbursement from the proceeds of notes
22 and bonds issued by the dormitory authority of the state of New York for
23 a capital appropriation for $50,000,000 authorized by chapter 53 of the
24 laws of 2000 to the state education department for payment of capital
25 construction grants to school districts pursuant to the rebuilding
26 schools to uphold education program, for reimbursement from the proceeds
27 of notes and bonds issued by the dormitory authority of the state of New
28 York for a capital appropriation for $15,000,000 authorized by chapter
29 53 of the laws of 2000 to the office of children and family services for
30 payment of costs related to the child care facilities development
31 program, and for reimbursement from the proceeds of notes and bonds
32 issued by the dormitory authority of the state of New York for a capital
33 appropriation for $10,000,000 authorized by chapter 55 of the laws of
34 2000 to the office of science, technology and academic research for
35 payment of costs related to biomedical research and/or manufacturing
36 facilities.
37 § 19. Notwithstanding any other law, rule, or regulation to the
38 contrary, the comptroller is hereby authorized and directed to deposit
39 to the credit of the capital projects fund, reimbursement from the
40 proceeds of notes or bonds issued by the environmental facilities corpo-
41 ration for a capital appropriation for $29,772,000 authorized by chapter
42 54 of the laws of 2001 to the department of environmental conservation
43 for payment of a portion of the state's match for federal capitalization
44 grants for the water pollution control revolving loan fund.
45 § 20. Notwithstanding any other law, rule, or regulation to the
46 contrary, the comptroller is hereby authorized and directed to deposit,
47 to the credit of the capital projects fund, reimbursement from the
48 proceeds of notes or bonds issued by the environmental facilities corpo-
49 ration for a capital appropriation for $29,365,000 authorized by chapter
50 54 of the laws of 2002 to the department of environmental conservation
51 for payment of a portion of the state's match for federal capitalization
52 grants for the water pollution control revolving loan fund, reimburse-
53 ment from the proceeds of notes and bonds issued by the urban develop-
54 ment corporation or other financing source for a capital appropriation
55 for $89,000,000 authorized by chapter 50 of the laws of 2002 to the
56 office of general services for payment of capital construction costs for
S. 6456 99 A. 9556
1 the Alfred E. Smith office building located in the city of Albany,
2 reimbursement from the proceeds of notes and bonds issued by the urban
3 development corporation or other financing source for capital appropri-
4 ations for $1,500,000 authorized by chapter 50 of the laws of 2002 to
5 the office of general services for payment of capital construction costs
6 for the Elk street parking garage building located in the city of Alba-
7 ny, reimbursement from the proceeds of notes or bonds issued by the
8 urban development corporation for disbursements of up to $12,000,000
9 from any capital appropriation or reappropriation authorized by chapter
10 50 of the laws of 2002 to the office of general services for various
11 purposes, reimbursement from the proceeds of notes or bonds issued by
12 the environmental facilities corporation for a capital appropriation of
13 $13,250,000 authorized by chapter 55 of the laws of 2002 to the energy
14 research and development authority for the Western New York Nuclear
15 Service Center at West Valley, reimbursement from the proceeds of notes
16 or bonds issued by the urban development corporation for a capital
17 appropriation of $14,300,000 authorized by chapter 55 of the laws of
18 2002 to the urban development corporation to finance a portion of the
19 jobs now program, reimbursement from the proceeds of notes or bonds
20 issued by the dormitory authority for disbursements of up to $20,800,000
21 from any capital appropriation or reappropriation authorized by chapter
22 51 of the laws of 2002 to the judiciary for courthouse improvements,
23 reimbursement from the proceeds of notes or bonds issued by the urban
24 development corporation for disbursements of up to $15,000,000 from
25 appropriations or reappropriations authorized by chapter 50 of the laws
26 of 2002 to any agency for costs related to homeland security, and
27 reimbursement from the proceeds of notes or bonds issued by the environ-
28 mental facilities corporation for a capital appropriation of $10,000,000
29 authorized by chapter 54 of the laws of 2002 to the department of envi-
30 ronmental conservation for Onondaga lake.
31 § 21. Notwithstanding any other law, rule, or regulation to the
32 contrary, the comptroller is hereby authorized and directed to deposit
33 to the credit of the capital projects fund, reimbursement from the
34 proceeds of notes or bonds issued by the environmental facilities corpo-
35 ration for a capital appropriation for $30,174,000 authorized by chapter
36 55 of the laws of 2003 to the department of environmental conservation
37 for payment of a portion of the state's match for federal capitalization
38 grants for the water pollution control revolving loan fund, reimburse-
39 ment from the proceeds of notes or bonds issued by the urban development
40 corporation or other financing source for a capital appropriation of
41 $19,500,000 authorized by chapter 50 of the laws of 2003 to the office
42 of general services for payment of capital construction costs for the
43 Elk street parking garage building located in the city of Albany,
44 reimbursement from the proceeds of notes or bonds issued by the urban
45 development corporation for disbursements of up to $10,000,000 from any
46 capital appropriation or reappropriation authorized by chapter 50 of the
47 laws of 2003 to the office of general services for various purposes,
48 reimbursement from the proceeds of notes or bonds issued by the environ-
49 mental facilities corporation for a capital appropriation of $13,250,000
50 authorized by chapter 55 of the laws of 2003 to the energy research and
51 development authority for the Western New York Nuclear Service Center at
52 West Valley, reimbursement from the proceeds of notes or bonds issued by
53 the dormitory authority for disbursements of up to $16,400,000 from any
54 capital appropriation or reappropriation authorized by chapter 51 of the
55 laws of 2003 to the judiciary for courthouse improvements, reimbursement
56 from the proceeds of notes or bonds issued by the urban development
S. 6456 100 A. 9556
1 corporation for disbursements of up to $10,000,000 from appropriations
2 or reappropriations authorized by chapter 50 of the laws of 2003 to any
3 agency for costs related to homeland security, reimbursement from the
4 proceeds of notes or bonds issued by the environmental facilities corpo-
5 ration for a capital appropriation of $10,000,000 authorized by chapter
6 55 of the laws of 2003 to the department of environmental conservation
7 for Onondaga lake, reimbursement from the proceeds of notes or bonds
8 issued by the environmental facilities corporation for disbursements of
9 up to $11,000,000 from any capital appropriations or reappropriations
10 authorized by chapter 55 of the laws of 2003 to the department of envi-
11 ronmental conservation for environmental purposes, and reimbursement
12 from the proceeds of notes or bonds issued by the dormitory authority
13 for disbursements of up to $100,000,000 from a capital appropriation
14 authorized by chapter 50 of the laws of 2003 to the department of state
15 for enhanced 911 wireless service.
16 § 22. Notwithstanding any other law, rule, or regulation to the
17 contrary, the comptroller is hereby authorized and directed to deposit
18 to the credit of the capital projects fund, reimbursement from the
19 proceeds of notes or bonds issued by the environmental facilities corpo-
20 ration for a capital appropriation for $28,893,000 authorized by chapter
21 55 of the laws of 2004 to the department of environmental conservation
22 for payment of a portion of the state's match for federal capitalization
23 grants for the water pollution control revolving loan fund, reimburse-
24 ment from the proceeds of notes or bonds issued by reimbursement from
25 the proceeds of notes or bonds issued by the urban development corpo-
26 ration for disbursements of up to $10,000,000 from any capital appropri-
27 ation or reappropriation authorized by chapter 50 of the laws of 2004 to
28 the office of general services for various purposes, reimbursement from
29 the proceeds of notes or bonds issued by the environmental facilities
30 corporation for a capital appropriation of $11,350,000 authorized by
31 chapter 55 of the laws of 2004 to the energy research and development
32 authority for the Western New York Nuclear Service Center at West
33 Valley, reimbursement from the proceeds of notes or bonds issued by the
34 environmental facilities corporation for a capital appropriation of
35 $10,000,000 authorized by chapter 55 of the laws of 2004 to the depart-
36 ment of environmental conservation for Onondaga lake, reimbursement from
37 the proceeds of notes or bonds issued by the environmental facilities
38 corporation for disbursements of up to $11,000,000 from any capital
39 appropriations or reappropriations authorized by chapter 55 of the laws
40 of 2004 to the department of environmental conservation for environ-
41 mental purposes, reimbursement from the proceeds of notes or bonds
42 issued by the dormitory authority for a capital appropriation of
43 $80,000,000 authorized by chapter 53 of the laws of 2004 to the educa-
44 tion department for capital transition grants for transportation,
45 reimbursement from the proceeds of notes or bonds issued by the urban
46 development corporation or the dormitory authority for a capital appro-
47 priation of $250,000,000 authorized by chapter 55 of the laws of 2004
48 for payment of costs related to economic development projects and
49 reimbursement from the proceeds of notes or bonds issued by the urban
50 development corporation or the dormitory authority for a capital appro-
51 priation of $350,000,000 authorized by chapter 3 of the laws of 2004 for
52 the New York state economic development program.
53 § 23. Notwithstanding any other law, rule, or regulation to the
54 contrary, the comptroller is hereby authorized and directed to deposit
55 to the credit of the capital projects fund, reimbursement from the
56 proceeds of notes or bonds issued by the environmental facilities corpo-
S. 6456 101 A. 9556
1 ration for a capital appropriation for $29,602,000 authorized by chapter
2 55 of the laws of 2005 to the department of environmental conservation
3 for payment of a portion of the state's match for federal capitalization
4 grants for the water pollution control revolving loan fund, reimburse-
5 ment from the proceeds of notes or bonds issued by reimbursement from
6 the proceeds of notes or bonds issued by the urban development corpo-
7 ration for disbursements of up to $10,000,000 from any capital appropri-
8 ation or reappropriation authorized by chapter 50 of the laws of 2005 to
9 the office of general services for various purposes, reimbursement from
10 the proceeds of notes or bonds issued by the environmental facilities
11 corporation for a capital appropriation of $11,350,000 authorized by
12 chapter 55 of the laws of 2005 to the energy research and development
13 authority for the Western New York Nuclear Service Center at West
14 Valley, reimbursement from the proceeds of notes or bonds issued by the
15 environmental facilities corporation for a capital appropriation of
16 $10,000,000 authorized by chapter 55 of the laws of 2005 to the depart-
17 ment of environmental conservation for Onondaga lake, reimbursement from
18 the proceeds of notes or bonds issued by the environmental facilities
19 corporation for disbursements of up to $11,000,000 from any capital
20 appropriations or reappropriations authorized by chapter 55 of the laws
21 of 2005 to the department of environmental conservation for environ-
22 mental purposes, reimbursement from the proceeds of notes or bonds
23 issued by the urban development corporation, reimbursement from the
24 proceeds of notes or bonds issued by the urban development corporation
25 for a capital appropriation of $350,000,000 authorized by chapter 55 of
26 the laws of 2005 for the Javits center expansion, reimbursement from the
27 proceeds of notes or bonds issued by the urban development corporation
28 or the dormitory authority for a capital appropriation of $90,000,000
29 authorized by chapter 62 of the laws of 2005 for regional development,
30 reimbursement from the proceeds of notes or bonds issued by the urban
31 development corporation or the dormitory authority for a capital appro-
32 priation of $250,000,000 authorized by chapter 62 of the laws of 2005
33 for technology and development, reimbursement from the proceeds of notes
34 or bonds issued by the urban development corporation for a capital
35 appropriation of $75,000,000 authorized by chapter 162 of the laws of
36 2005 for the New York state economic development program, reimbursement
37 from the proceeds of notes or bonds issued by the dormitory authority
38 for a capital appropriation of $150,000,000 authorized by chapter 62 of
39 the laws of 2005 for the higher education facilities capital matching
40 grants program, reimbursement from the proceeds of notes or bonds issued
41 by the urban development corporation or other financing source for a
42 capital appropriation of $4,000,000 authorized by chapter 50 of the laws
43 of 2005 to the office of general services for payment of capital
44 construction costs for the Elk street parking garage building located in
45 the city of Albany, reimbursement from the proceeds of notes or bonds
46 issued by the dormitory authority for a capital appropriation of
47 $15,000,000 authorized by chapter 53 of the laws of 2005 to the state
48 education department for payment of capital construction costs for
49 public broadcasting facilities, reimbursement from the proceeds of notes
50 or bonds issued by the urban development corporation for a capital
51 appropriation of $15,700,000 authorized by chapter 50 of the laws of
52 2005 to the division of state police for public protection facilities,
53 and reimbursement from the proceeds of notes or bonds issued by the
54 urban development corporation for capital disbursements of up to
55 $3,000,000 from any capital appropriation or reappropriation authorized
S. 6456 102 A. 9556
1 by chapter 50 of the laws of 2005 to the division of military and naval
2 affairs for various purposes.
3 § 24. Notwithstanding any other law, rule, or regulation to the
4 contrary, the comptroller is hereby authorized and directed to deposit
5 to the credit of the capital projects fund, reimbursement from the
6 proceeds of notes or bonds issued by the environmental facilities corpo-
7 ration for a capital appropriation for $29,600,000 authorized by a chap-
8 ter of the laws of 2006 to the department of environmental conservation
9 for payment of a portion of the state's match for federal capitalization
10 grants for the water pollution control revolving loan fund, reimburse-
11 ment from the proceeds of notes or bonds issued by reimbursement from
12 the proceeds of notes or bonds issued by the urban development corpo-
13 ration for disbursements of up to $20,000,000 from any capital appropri-
14 ation or reappropriation authorized by a chapter of the laws of 2006 to
15 the office of general services for various purposes, reimbursement from
16 the proceeds of notes or bonds issued by the environmental facilities
17 corporation for a capital appropriation of $14,000,000 authorized by a
18 chapter of the laws of 2006 to the energy research and development
19 authority for the Western New York Nuclear Service Center at West
20 Valley, reimbursement from the proceeds of notes or bonds issued by the
21 environmental facilities corporation for a capital appropriation of
22 $10,000,000 authorized by a chapter of the laws of 2006 to the depart-
23 ment of environmental conservation for Onondaga lake, reimbursement from
24 the proceeds of notes or bonds issued by the environmental facilities
25 corporation for disbursements of up to $12,000,000 from any capital
26 appropriations or reappropriations authorized by a chapter of the laws
27 of 2006 to the department of environmental conservation for environ-
28 mental purposes, reimbursement from the proceeds of notes or bonds
29 issued by the environmental facilities corporation for capital disburse-
30 ments of up to $40,000,000 from any capital appropriation or reappropri-
31 ation authorized by a chapter of the laws of 2006 for the department of
32 agriculture and markets food laboratory, reimbursement from the proceeds
33 of notes or bonds issued by the urban development corporation for capi-
34 tal disbursements of up to $3,000,000 from any capital appropriation or
35 reappropriation authorized by a chapter of the laws of 2006 to the divi-
36 sion of military and naval affairs for various purposes, reimbursement
37 from the proceeds of notes or bonds issued by the urban development
38 corporation for a capital appropriation of $75,000,000 authorized by a
39 chapter of the laws of 2006 to the office for technology for payment of
40 capital construction costs for a consolidated data center facility,
41 reimbursement from the proceeds of notes or bonds issued by the urban
42 development corporation for disbursements of up to $12,400,000 from any
43 capital appropriation or reappropriation authorized by a chapter of the
44 laws of 2006 to the division of state police for public protection
45 facilities, reimbursement from the proceeds of notes or bonds issued by
46 the urban development corporation for a capital appropriation of
47 $117,000,000 authorized by a chapter of the laws of 2006 to all state
48 departments and agencies for the purchase of equipment, reimbursement
49 from the proceeds of notes or bonds issued by an authorized issuer, as
50 defined by section 68-a of the state finance law, for a capital appro-
51 priation of $167,500,000 authorized by a chapter of the laws of 2006 to
52 the urban development for economic development/other projects,
53 reimbursement from the proceeds of notes or bonds issued by an author-
54 ized issuer, as defined by section 68-a of the state finance law, for a
55 capital appropriation of $141,500,000 authorized by a chapter of the
56 laws of 2006 to the urban development corporation for university devel-
S. 6456 103 A. 9556
1 opment projects, reimbursement from the proceeds of notes or bonds
2 issued by an authorized issuer, as defined by section 68-a of the state
3 finance law, for a capital appropriation of $116,000,000 authorized by a
4 chapter of the laws of 2006 to the urban development corporation for
5 cultural facilities projects, reimbursement from the proceeds of notes
6 or bonds issued by an authorized issuer, as defined by section 68-a of
7 the state finance law, for a capital appropriation of $30,000,000
8 authorized by a chapter of the laws of 2006 to the urban development
9 corporation for energy/environmental projects, reimbursement from the
10 proceeds of notes or bonds issued by an authorized issuer, as defined by
11 section 68-a of the state finance law, for a capital appropriation of
12 $20,000,000 authorized by a chapter of the laws of 2006 to the urban
13 development corporation for a competitive solicitation for construction
14 of a pilot cellulosic ethanol refinery, reimbursement from the proceeds
15 of notes or bonds issued by the urban development corporation for a
16 capital appropriation of $74,700,000 authorized by a chapter of the laws
17 of 2006 to the urban development corporation for services and expenses
18 related to infrastructure for a new stadium in Queens county, and
19 reimbursement from the proceeds of notes or bonds issued by the urban
20 development corporation for a capital appropriation of $74,700,000
21 authorized by a chapter of the laws of 2006 to the urban development
22 corporation for services and expenses related to infrastructure improve-
23 ments to construct a new parking facility at a new stadium in Bronx
24 county.
25 § 25. Notwithstanding any other law, rule, or regulation to the
26 contrary, the state comptroller is hereby authorized and directed to use
27 any balance remaining in the mental health services fund debt service
28 appropriation, after payment by the state comptroller of all obligations
29 required pursuant to any lease, sublease, or other financing arrangement
30 between the dormitory authority of the state of New York as successor to
31 the New York state medical care facilities financing agency, and the
32 facilities development corporation pursuant to chapter 83 of the laws of
33 1995 and the department of mental hygiene for the purpose of making
34 payments to the dormitory authority of the state of New York for the
35 amount of the earnings for the investment of monies deposited in the
36 mental health services fund that such agency determines will or may have
37 to be rebated to the federal government pursuant to the provisions of
38 the internal revenue code of 1986, as amended, in order to enable such
39 agency to maintain the exemption from federal income taxation on the
40 interest paid to the holders of such agency's mental services facilities
41 improvement revenue bonds. On or before June 30, 2007, such agency shall
42 certify to the state comptroller its determination of the amounts
43 received in the mental health services fund as a result of the invest-
44 ment of monies deposited therein that will or may have to be rebated to
45 the federal government pursuant to the provisions of the internal reven-
46 ue code of 1986, as amended.
47 § 26. Paragraph b of subdivision 2 of section 9-a of section 1 of
48 chapter 392 of the laws of 1973, constituting the New York state medical
49 care facilities finance agency act, as amended by section 35 of part H
50 of chapter 56 of the laws of 2000, is amended to read as follows:
51 b. The agency shall have power and is hereby authorized from time to
52 time to issue negotiable bonds and notes in conformity with applicable
53 provisions of the uniform commercial code in such principal amount as,
54 in the opinion of the agency, shall be necessary, after taking into
55 account other moneys which may be available for the purpose, to provide
56 sufficient funds to the facilities development corporation, or any
S. 6456 104 A. 9556
1 successor agency, for the financing or refinancing of or for the design,
2 construction, acquisition, reconstruction, rehabilitation or improvement
3 of mental health services facilities pursuant to paragraph a of this
4 subdivision, the payment of interest on mental health services improve-
5 ment bonds and mental health services improvement notes issued for such
6 purposes, the establishment of reserves to secure such bonds and notes,
7 the cost or premium of bond insurance or the costs of any financial
8 mechanisms which may be used to reduce the debt service that would be
9 payable by the agency on its mental health services facilities improve-
10 ment bonds and notes and all other expenditures of the agency incident
11 to and necessary or convenient to providing the facilities development
12 corporation, or any successor agency, with funds for the financing or
13 refinancing of or for any such design, construction, acquisition, recon-
14 struction, rehabilitation or improvement and for the refunding of mental
15 hygiene improvement bonds issued pursuant to section 47-b of the private
16 housing finance law; provided, however, that the agency shall not issue
17 mental health services facilities improvement bonds and mental health
18 services facilities improvement notes in an aggregate principal amount
19 exceeding [five] six billion [fifty million] dollars, excluding mental
20 health services facilities improvement bonds and mental health services
21 facilities improvement notes issued to refund outstanding mental health
22 services facilities improvement bonds and mental health services facili-
23 ties improvement notes; provided, however, that upon any such refunding
24 or repayment of mental health services facilities improvement bonds
25 and/or mental health services facilities improvement notes the total
26 aggregate principal amount of outstanding mental health services facili-
27 ties improvement bonds and mental health facilities improvement notes
28 may be greater than [five] six billion [fifty million] dollars only if,
29 except as hereinafter provided with respect to mental health services
30 facilities bonds and mental health services facilities notes issued to
31 refund mental hygiene improvement bonds authorized to be issued pursuant
32 to the provisions of section 47-b of the private housing finance law,
33 the present value of the aggregate debt service of the refunding or
34 repayment bonds to be issued shall not exceed the present value of the
35 aggregate debt service of the bonds to be refunded or repaid. For
36 purposes hereof, the present values of the aggregate debt service of the
37 refunding or repayment bonds, notes or other obligations and of the
38 aggregate debt service of the bonds, notes or other obligations so
39 refunded or repaid, shall be calculated by utilizing the effective
40 interest rate of the refunding or repayment bonds, notes or other obli-
41 gations, which shall be that rate arrived at by doubling the semi-annual
42 interest rate (compounded semi-annually) necessary to discount the debt
43 service payments on the refunding or repayment bonds, notes or other
44 obligations from the payment dates thereof to the date of issue of the
45 refunding or repayment bonds, notes or other obligations and to the
46 price bid including estimated accrued interest or proceeds received by
47 the authority including estimated accrued interest from the sale there-
48 of. Such bonds, other than bonds issued to refund outstanding bonds,
49 shall be scheduled to mature over a term not to exceed the average
50 useful life, as certified by the facilities development corporation, of
51 the projects for which the bonds are issued, and in any case shall not
52 exceed thirty years and the maximum maturity of notes or any renewals
53 thereof shall not exceed five years from the date of the original issue
54 of such notes. Notwithstanding the provisions of this section, the agen-
55 cy shall have the power and is hereby authorized to issue mental health
56 services facilities improvement bonds and/or mental health services
S. 6456 105 A. 9556
1 facilities improvement notes to refund outstanding mental hygiene
2 improvement bonds authorized to be issued pursuant to the provisions of
3 section 47-b of the private housing finance law and the amount of bonds
4 issued or outstanding for such purposes shall not be included for
5 purposes of determining the amount of bonds issued pursuant to this
6 section. The director of the budget shall allocate the aggregate prin-
7 cipal authorized to be issued by the agency among the office of mental
8 health, office of mental retardation and developmental disabilities, and
9 the office of alcoholism and substance abuse services, in consultation
10 with their respective commissioners to finance bondable appropriations
11 previously approved by the legislature.
12 § 27. (1) Notwithstanding any other law, rule, or regulation to the
13 contrary, the state comptroller shall at the commencement of each month
14 certify to the director of the budget, the commissioner of environmental
15 conservation, the chair of the senate finance committee, and the chair
16 of the assembly ways and means committee the amounts disbursed from all
17 appropriations for hazardous waste site remediation disbursements for
18 the month preceding such certification.
19 (2) Notwithstanding any law to the contrary, prior to the issuance by
20 the comptroller of bonds authorized pursuant to subdivision a of section
21 4 of the environmental quality bond act of nineteen hundred eighty-six,
22 as enacted by chapter 511 of the laws of 1986, disbursements from all
23 appropriations for that purpose shall first be reimbursed from moneys
24 credited to the hazardous waste remedial fund, site investigation and
25 construction account, to the extent moneys are available in such
26 account. For purposes of determining moneys available in such account,
27 the commissioner of environmental conservation shall certify to the
28 comptroller the amounts required for administration of the hazardous
29 waste remedial program.
30 (3) The comptroller is hereby authorized and directed to transfer any
31 balance above the amounts certified by the commissioner of environmental
32 conservation to reimburse disbursements pursuant to all appropriations
33 from such site investigation and construction account; provided, howev-
34 er, that if such transfers are determined by the comptroller to be
35 insufficient to assure that interest paid to holders of state obli-
36 gations issued for hazardous waste purposes pursuant to the environ-
37 mental quality bond act of nineteen hundred eighty-six, as enacted by
38 chapter 511 of the laws of 1986, is exempt from federal income taxation,
39 the comptroller is hereby authorized and directed to transfer, from such
40 site investigation and construction account to the general fund, the
41 amount necessary to redeem bonds in an amount necessary to assure the
42 continuation of such tax exempt status. Prior to the making of any such
43 transfers, the comptroller shall notify the director of the budget of
44 the amount of such transfers.
45 § 28. Paragraph (a) of subdivision 2 of section 47-e of the private
46 housing finance law, as amended by section 24 of part Y of chapter 61 of
47 the laws of 2005, is amended to read as follows:
48 (a) Subject to the provisions of chapter fifty-nine of the laws of two
49 thousand, in order to enhance and encourage the promotion of housing
50 programs and thereby achieve the stated purposes and objectives of such
51 housing programs, the agency shall have the power and is hereby author-
52 ized from time to time to issue negotiable housing program bonds and
53 notes in such principal amount as shall be necessary to provide suffi-
54 cient funds for the repayment of amounts disbursed (and not previously
55 reimbursed) pursuant to a chapter of the laws of two thousand [five] six
56 or any prior year making capital appropriations or reappropriations for
S. 6456 106 A. 9556
1 the purposes of the housing program; provided, however, that the agency
2 may issue such bonds and notes in an aggregate principal amount not
3 exceeding one billion [seven] eight hundred [ninety-one] sixty-six
4 million dollars, plus a principal amount of bonds issued to fund the
5 debt service reserve fund in accordance with the debt service reserve
6 fund requirement established by the agency and to fund any other
7 reserves that the agency reasonably deems necessary for the security or
8 marketability of such bonds and to provide for the payment of fees and
9 other charges and expenses, including underwriters' discount, trustee
10 and rating agency fees, bond insurance, credit enhancement and liquidity
11 enhancement related to the issuance of such bonds and notes. No reserve
12 fund securing the housing program bonds shall be entitled or eligible to
13 receive state funds apportioned or appropriated to maintain or restore
14 such reserve fund at or to a particular level, except to the extent of
15 any deficiency resulting directly or indirectly from a failure of the
16 state to appropriate or pay the agreed amount under any of the contracts
17 provided for in subdivision four of this section.
18 § 29. Paragraph (a) of subdivision 5 of section 47-e of the private
19 housing finance law, as amended by section 25 of part Y of chapter 61 of
20 the laws of 2005, is amended to read as follows:
21 (a) Subject to the provisions of chapter fifty-nine of the laws of two
22 thousand, upon the issuance of housing program bonds or notes, the agen-
23 cy shall apply such amount of the proceeds thereof as shall be desig-
24 nated and specified in the bond or note resolution or resolutions
25 authorizing the issuance of such bonds or notes to the specific funds
26 and/or accounts of one or more housing programs. The bond resolution or
27 resolutions authorizing the issuance of such bonds or notes shall only
28 allocate net proceeds of bonds or notes to a particular fund or account
29 of a housing program if the legislature has authorized in a chapter of
30 the laws of two thousand [five] six or any prior year an advance to such
31 fund or account, and the amount of such bond or note proceeds so allo-
32 cated to such fund or account shall not exceed the total amount so
33 authorized to be advanced. Such proceeds shall be disbursed to such a
34 fund or account in accordance with such allocation only for application
35 to the repayment of advances previously or thereupon made and not previ-
36 ously repaid. Such proceeds may not be transferred from an entity
37 authorized to administer a housing program to the state or a fund of the
38 state, except in repayment of such advances. Except in the case of
39 refunding bonds or notes authorized hereunder, any net proceeds not so
40 allocated or disbursed shall be utilized first to pay debt service on
41 the applicable bonds or notes in the current or the succeeding fiscal
42 year and second to the redemption of such bonds; provided that such
43 application may be adjusted to comply with applicable federal law as to
44 federal tax exemption. For purposes of this paragraph, earnings from the
45 investment of net proceeds shall be treated as net proceeds.
46 § 30. Subdivision 1 of section 16 of part D of chapter 389 of the laws
47 of 1997, relating to the financing of the correctional facilities
48 improvement fund and the youth facility improvement fund, as amended by
49 section 26 of part Y of chapter 61 of the laws of 2005, is amended to
50 read as follows:
51 1. Subject to the provisions of chapter 59 of the laws of 2000, but
52 notwithstanding the provisions of section 18 of section 1 of chapter 174
53 of the laws of 1968, the New York state urban development corporation is
54 hereby authorized to issue bonds, notes and other obligations in an
55 aggregate principal amount not to exceed [four] five billion [seven] one
56 hundred [eighty] twenty-five million six hundred ninety-three thousand
S. 6456 107 A. 9556
1 dollars [($4,780,693,000)] ($5,125,693,000), and shall include all
2 bonds, notes and other obligations issued pursuant to chapter 56 of the
3 laws of 1983, as amended or supplemented. The proceeds of such bonds,
4 notes or other obligations shall be paid to the state, for deposit in
5 the correctional facilities capital improvement fund to pay for all or
6 any portion of the amount or amounts paid by the state from appropri-
7 ations or reappropriations made to the department of correctional
8 services from the correctional facilities capital improvement fund for
9 capital projects. The aggregate amount of bonds, notes or other obli-
10 gations authorized to be issued pursuant to this section shall exclude
11 bonds, notes or other obligations issued to refund or otherwise repay
12 bonds, notes or other obligations theretofore issued, the proceeds of
13 which were paid to the state for all or a portion of the amounts
14 expended by the state from appropriations or reappropriations made to
15 the department of correctional services; provided, however, that upon
16 any such refunding or repayment the total aggregate principal amount of
17 outstanding bonds, notes or other obligations may be greater than [four]
18 five billion [seven] one hundred [eighty] twenty-five million six
19 hundred ninety-three thousand dollars [($4,780,693,000)]
20 ($5,125,693,000), only if the present value of the aggregate debt
21 service of the refunding or repayment bonds, notes or other obligations
22 to be issued shall not exceed the present value of the aggregate debt
23 service of the bonds, notes or other obligations so to be refunded or
24 repaid. For the purposes hereof, the present value of the aggregate debt
25 service of the refunding or repayment bonds, notes or other obligations
26 and of the aggregate debt service of the bonds, notes or other obli-
27 gations so refunded or repaid, shall be calculated by utilizing the
28 effective interest rate of the refunding or repayment bonds, notes or
29 other obligations, which shall be that rate arrived at by doubling the
30 semi-annual interest rate (compounded semi-annually) necessary to
31 discount the debt service payments on the refunding or repayment bonds,
32 notes or other obligations from the payment dates thereof to the date of
33 issue of the refunding or repayment bonds, notes or other obligations
34 and to the price bid including estimated accrued interest or proceeds
35 received by the corporation including estimated accrued interest from
36 the sale thereof.
37 § 31. Section 27 of part Y of chapter 61 of the laws of 2005, relating
38 to temporary loans and fund transfers, is amended to read as follows:
39 § 27. (a) Subject to the provisions of chapter 59 of the laws of 2000,
40 but notwithstanding any provisions of law to the contrary, one or more
41 authorized issuers as defined by section 68-a of the state finance law
42 are hereby authorized to issue bonds or notes in one or more series in
43 an aggregate principal amount not to exceed [$15,700,000] $52,100,000,
44 excluding bonds issued to finance one or more debt service reserve
45 funds, to pay costs of issuance of such bonds, and bonds or notes issued
46 to refund or otherwise repay such bonds or notes previously issued, for
47 the purpose of financing capital projects for division of state police
48 facilities, debt service and leases; and to reimburse the state general
49 fund for disbursements made therefor. Such bonds and notes of such
50 authorized issuer shall not be a debt of the state, and the state shall
51 not be liable thereon, nor shall they be payable out of any funds other
52 than those appropriated by the state to such authorized issuer for debt
53 service and related expenses pursuant to any service contract executed
54 pursuant to subdivision (b) of this section and such bonds and notes
55 shall contain on the face thereof a statement to such effect. Except for
56 purposes of complying with the internal revenue code, any interest
S. 6456 108 A. 9556
1 income earned on bond proceeds shall only be used to pay debt service on
2 such bonds.
3 (b) Notwithstanding any provisions of law to the contrary, in order to
4 assist such authorized issuer in undertaking the administration and
5 financing of the projects authorized pursuant to subdivision (a) of this
6 section, the director of the budget is hereby authorized to enter into
7 one or more service contracts with such authorized issuer; none of which
8 shall exceed more than twenty years in duration, upon such terms and
9 conditions as the director of the budget and such authorized issuer
10 agree, so as to annually provide to such authorized issuer, in the
11 aggregate, a sum not to exceed the annual debt service payments and
12 related expenses required for the bonds and notes issued pursuant to
13 this section. Any service contract entered into pursuant to this subdi-
14 vision shall provide that the obligation of the state to pay the amount
15 therein provided shall not constitute a debt of the state within the
16 meaning of any constitutional or statutory provision and shall be deemed
17 executory only to the extent of monies available and that no liability
18 shall be incurred by the state beyond the monies available for such
19 purposes, subject to annual appropriation by the legislature. Any such
20 contract or any payments made or to be made thereunder may be assigned
21 or pledged by such authorized issuer as security for its bonds and
22 notes, as authorized by this section.
23 § 32. (a) Subject to the provisions of chapter 59 of the laws of 2000,
24 but notwithstanding any provisions of law to the contrary, one or more
25 authorized issuers as defined by section 68-a of the state finance law
26 are hereby authorized to issue bonds or notes in one or more series in
27 an aggregate principal amount not to exceed $75,000,000, excluding bonds
28 issued to finance one or more debt service reserve funds, to pay costs
29 of issuance of such bonds, and bonds or notes issued to refund or other-
30 wise repay such bonds or notes previously issued, for the purpose of
31 financing capital projects for office for technology facilities, debt
32 service and leases; and to reimburse the state general fund for
33 disbursements made therefor. Such bonds and notes of such authorized
34 issuer shall not be a debt of the state, and the state shall not be
35 liable thereon, nor shall they be payable out of any funds other than
36 those appropriated by the state to such authorized issuer for debt
37 service and related expenses pursuant to any service contract executed
38 pursuant to subdivision (b) of this section and such bonds and notes
39 shall contain on the face thereof a statement to such effect. Except for
40 purposes of complying with the internal revenue code, any interest
41 income earned on bond proceeds shall only be used to pay debt service on
42 such bonds.
43 (b) Notwithstanding any provisions of law to the contrary, in order to
44 assist such authorized issuer in undertaking the administration and
45 financing of the projects authorized pursuant to subdivision (a) of this
46 section, the director of the budget is hereby authorized to enter into
47 one or more service contracts with such authorized issuer; none of which
48 shall exceed more than twenty years in duration, upon such terms and
49 conditions as the director of the budget and such authorized issuer
50 agree, so as to annually provide to such authorized issuer, in the
51 aggregate, a sum not to exceed the annual debt service payments and
52 related expenses required for the bonds and notes issued pursuant to
53 this section. Any service contract entered into pursuant to this subdi-
54 vision shall provide that the obligation of the state to pay the amount
55 therein provided shall not constitute a debt of the state within the
56 meaning of any constitutional or statutory provision and shall be deemed
S. 6456 109 A. 9556
1 executory only to the extent of monies available and that no liability
2 shall be incurred by the state beyond the monies available for such
3 purposes, subject to annual appropriation by the legislature. Any such
4 contract or any payments made or to be made thereunder may be assigned
5 or pledged by such authorized issuer as security for its bonds and
6 notes, as authorized by this section.
7 (c) Notwithstanding any other provision of law to the contrary, when
8 awarding or entering into contracts for the design or construction of a
9 consolidated data center facility, the office for technology may either
10 award one contract for all work to be performed to a single responsible
11 and reliable person, firm or corporation, or have prepared separate
12 specifications for each of the following three subdivisions of the work
13 to be performed and award the three subdivisions of the specified work
14 separately to responsible and reliable persons, firms or corporations
15 engaged in these classes of work:
16 1. Plumbing and gas fitting.
17 2. Steam heating, hot water heating, ventilating and air conditioning
18 apparatus.
19 3. Electric wiring and standard illuminating fixtures.
20 A contract or contracts for the consolidated data center facility
21 shall be awarded to the lowest responsible bidder for all the buildings
22 included in the specifications. Nothing in this section shall be
23 construed to prevent the office for technology from assigning responsi-
24 bility for supervision and coordination of any or all of the contracts
25 for the consolidated data center facility to a single responsible and
26 reliable person, firm or corporation, or from performing any such
27 branches of work by or through their regular employees.
28 (d) Notwithstanding the provisions of section 8 of the public build-
29 ings law and section 136-a of the state finance law and any other law to
30 the contrary:
31 1. The office for technology is hereby authorized to contract for the
32 design and construction of a consolidated data center facility with a
33 single bidder (which may be a team comprised of separate entities) in
34 accordance with the provisions of this section. Contracts entered into
35 pursuant to the provisions of this section shall be referred to as
36 "design-build contracts".
37 2. Any design-build contract entered into pursuant to this section
38 shall include a clause requiring that any professional services regu-
39 lated by articles 145, 147 and 148 of the education law shall be
40 performed by a professional licensed in accordance with such article.
41 3. While the competitive bid process remains the preferred method of
42 procurement of design and construction services, the office for technol-
43 ogy may enter into a design-build contract for the consolidated data
44 center facility provided that there is compliance with the requirements
45 of this section. A design-build contract shall be awarded based upon the
46 following two-step competitive negotiation process emphasizing best
47 value to the state.
48 a. Generation of a list of entities that have demonstrated the general
49 capacity and qualifications to perform the design-build contract for the
50 consolidated data center facility. Such list shall consist of no more
51 than five and no less than three entities, and shall be generated based
52 upon the review of responses to a publicly advertised request for quali-
53 fications by the director of the office for technology ("the director")
54 or designated representatives of the director. The request for quali-
55 fications shall include a general description of the consolidated data
56 center facility project, the maximum number of entities to be included
S. 6456 110 A. 9556
1 on the list, and the selection criteria to be used in generating the
2 list. Such selection criteria shall include, but shall not be limited
3 to, the qualifications and experience of the design and construction
4 team, project approach, organization, record of performance, financial
5 capacity, demonstrated responsibility, ability of the team member or of
6 a member or members of the team to comply with articles 145, 147 and 148
7 of the education law, and such other qualifications as the director
8 deems appropriate. The director or designated representative of the
9 director shall evaluate and rate all entities responding to the request
10 for qualifications. Based upon such ratings, the director shall list the
11 entities that shall receive a request for proposals in accordance with
12 subparagraph b of this paragraph.
13 b. Selection of the proposal which is the best value to the state. The
14 director shall issue a request for proposals to the entities listed
15 pursuant to subparagraph a of this paragraph. If such an entity
16 consists of a team of separate entities, the entities that comprise such
17 a team must remain unchanged from the entities as listed pursuant to
18 subparagraph a of this paragraph. The request for proposals shall set
19 forth the consolidated data center facility project's scope of work and
20 other requirements, as determined by the director. The requests for
21 proposals shall specify the criteria to be used to evaluate the
22 responses. Such criteria shall include the proposal's cost, the quality
23 of the proposal's solution, the qualifications and experience of the
24 design and construction team, and other factors deemed pertinent by the
25 director, which may include, but shall not be limited to, the proposal's
26 project implementation, ability to complete the work in a timely and
27 satisfactory manner and maintainability of the completed consolidated
28 data center facility. Any contract awarded pursuant to this section
29 shall be awarded to a responsible entity that submits the proposal,
30 which, in consideration of these and other specified criteria deemed
31 pertinent to the project, is the best value to the state, as determined
32 by the director.
33 c. The director shall document in writing for a specific design-build
34 project for the consolidated data center facility that (i) a design-
35 build contract is more advantageous than a competitive bid construction
36 contract; (ii) there is a benefit to the state by using a design-build
37 contract; and (iii) competitive bidding is not practical or fiscally
38 advantageous.
39 4. The director may develop written procedures governing the
40 selection, evaluation and award of the design-build contract for the
41 consolidated data center facility. Such procedures shall be consistent
42 with those described in this section and may be revised from time to
43 time as necessary.
44 5. This section shall not be construed to supersede section 220 of the
45 labor law requiring the payment of prevailing wages for public works.
46 § 33. Subdivision 3 of section 1285-p of the public authorities law,
47 as amended by section 7 of part A of chapter 63 of the laws of 2005, is
48 amended to read as follows:
49 3. The maximum amount of bonds that may be issued for the purpose of
50 financing environmental infrastructure projects authorized by this
51 section shall be four hundred [twenty-one] fifty-seven million dollars,
52 exclusive of bonds issued to fund any debt service reserve funds, pay
53 costs of issuance of such bonds, and bonds or notes issued to refund or
54 otherwise repay bonds or notes previously issued. Such bonds and notes
55 of the corporation shall not be a debt of the state, and the state shall
56 not be liable thereon, nor shall they be payable out of any funds other
S. 6456 111 A. 9556
1 than those appropriated by the state to the corporation for debt service
2 and related expenses pursuant to any service contracts executed pursuant
3 to subdivision one of this section, and such bonds and notes shall
4 contain on the face thereof a statement to such effect.
5 § 34. Section 48 of part K of chapter 81 of the laws of 2002, relating
6 to providing for the administration of certain funds and accounts
7 related to the 2002-2003 budget, as amended by section 30 of part Y of
8 chapter 61 of the laws of 2005, is amended to read as follows:
9 § 48. (a) Subject to the provisions of chapter 59 of the laws of 2000,
10 but notwithstanding the provisions of section 18 of the urban develop-
11 ment corporation act, the corporation is hereby authorized to issue
12 bonds or notes in one or more series in an aggregate principal amount
13 not to exceed $25,000,000 excluding bonds issued to fund one or more
14 debt service reserve funds, to pay costs of issuance of such bonds, and
15 bonds or notes issued to refund or otherwise repay such bonds or notes
16 previously issued, for the purpose of financing capital costs related to
17 homeland security for the division of state police, the division of
18 military and naval affairs, and any other state agency, including the
19 reimbursement of any disbursements made from the state capital projects
20 fund, and is hereby authorized to issue bonds or notes in one or more
21 series in an aggregate principal amount not to exceed [$42,000,000]
22 $62,000,000, excluding bonds issued to fund one or more debt service
23 reserve funds, to pay costs of issuance of such bonds, and bonds or
24 notes issued to refund or otherwise repay such bonds or notes previously
25 issued, for the purpose of financing improvements to State office build-
26 ings and other facilities located statewide, including the reimbursement
27 of any disbursements made from the state capital projects fund. Such
28 bonds and notes of the corporation shall not be a debt of the state, and
29 the state shall not be liable thereon, nor shall they be payable out of
30 any funds other than those appropriated by the state to the corporation
31 for debt service and related expenses pursuant to any service contracts
32 executed pursuant to subdivision (b) of this section, and such bonds and
33 notes shall contain on the face thereof a statement to such effect.
34 Except for purposes of complying with the internal revenue code, any
35 interest income earned on bond proceeds shall only be used to pay debt
36 service on such bonds.
37 (b) Notwithstanding any provisions of law to the contrary, in order to
38 assist the corporation in undertaking the administration and financing
39 of the project authorized pursuant to subdivision (a) of this section,
40 the director of the budget is hereby authorized to enter into one or
41 more service contracts with the corporation, none of which shall exceed
42 twenty years in duration, upon such terms and conditions as the director
43 of the budget and the corporation agree, so as to annually provide to
44 the corporation, in the aggregate, a sum not to exceed the annual debt
45 service payments and related expenses required for the bonds and notes
46 issued pursuant to this section. Any service contract entered into
47 pursuant to this subdivision shall provide that the obligation of the
48 state to pay the amounts therein provided for shall not constitute a
49 debt of the state within the meaning of any constitutional or statutory
50 provision and shall be deemed executory only to the extent of monies
51 available and that no liability shall be incurred by the state beyond
52 the monies available for such purposes, subject to annual appropriation
53 by the legislature. Any such service contract or any payments made or to
54 be made thereunder may be assigned and pledged by the corporation as
55 security for its bonds and notes, as authorized by this section.
S. 6456 112 A. 9556
1 § 35. Paragraph (c) of subdivision 14 of section 1680 of the public
2 authorities law, as amended by section 32 of part Y of chapter 61 of the
3 laws of 2005, is amended to read as follows:
4 (c) (i) Subject to the provisions of chapter fifty-nine of the laws of
5 two thousand, the dormitory authority shall not deliver a series of
6 bonds for city university community college facilities, except to refund
7 or to be substituted for or in lieu of other bonds in relation to city
8 university community college facilities pursuant to a resolution of the
9 dormitory authority adopted before July first, nineteen hundred eighty-
10 five or any resolution supplemental thereto, if the principal amount of
11 bonds so to be issued when added to all principal amounts of bonds
12 previously issued by the dormitory authority for city university commu-
13 nity college facilities, except to refund or to be substituted in lieu
14 of other bonds in relation to city university community college facili-
15 ties will exceed the sum of four hundred twenty-five million dollars and
16 (ii) the dormitory authority shall not deliver a series of bonds issued
17 for city university facilities, including community college facilities,
18 pursuant to a resolution of the dormitory authority adopted on or after
19 July first, nineteen hundred eighty-five, except to refund or to be
20 substituted for or in lieu of other bonds in relation to city university
21 facilities and except for bonds issued pursuant to a resolution supple-
22 mental to a resolution of the dormitory authority adopted prior to July
23 first, nineteen hundred eighty-five, if the principal amount of bonds so
24 to be issued when added to the principal amount of bonds previously
25 issued pursuant to any such resolution, except bonds issued to refund or
26 to be substituted for or in lieu of other bonds in relation to city
27 university facilities, will exceed [four] five billion [nine hundred
28 seventy-five] three hundred million dollars. The legislature reserves
29 the right to amend or repeal such limit, and the state of New York, the
30 dormitory authority, the city university, and the fund are prohibited
31 from covenanting or making any other agreements with or for the benefit
32 of bondholders which might in any way affect such right.
33 § 36. Paragraph (c) of subdivision 19 of section 1680 of the public
34 authorities law, as amended by section 33 of part Y of chapter 61 of the
35 laws of 2005, is amended to read as follows:
36 (c) Subject to the provisions of chapter fifty-nine of the laws of two
37 thousand, the dormitory authority shall not issue any bonds for state
38 university educational facilities purposes if the principal amount of
39 bonds to be issued when added to the aggregate principal amount of bonds
40 issued by the dormitory authority on and after July first, nineteen
41 hundred eighty-eight for state university educational facilities will
42 exceed six billion six hundred million dollars; provided, however, that
43 bonds issued or to be issued shall be excluded from such limitation if:
44 (1) such bonds are issued to refund state university construction bonds
45 and state university construction notes previously issued by the housing
46 finance agency; or (2) such bonds are issued to refund bonds of the
47 authority or other obligations issued for state university educational
48 facilities purposes and the present value of the aggregate debt service
49 on the refunding bonds does not exceed the present value of the aggre-
50 gate debt service on the bonds refunded thereby; provided, further that
51 upon certification by the director of the budget that the issuance of
52 refunding bonds or other obligations issued between April first, nine-
53 teen hundred ninety-two and March thirty-first, nineteen hundred nine-
54 ty-three will generate long term economic benefits to the state, as
55 assessed on a present value basis, such issuance will be deemed to have
56 met the present value test noted above. For purposes of this subdivi-
S. 6456 113 A. 9556
1 sion, the present value of the aggregate debt service of the refunding
2 bonds and the aggregate debt service of the bonds refunded, shall be
3 calculated by utilizing the true interest cost of the refunding bonds,
4 which shall be that rate arrived at by doubling the semi-annual interest
5 rate (compounded semi-annually) necessary to discount the debt service
6 payments on the refunding bonds from the payment dates thereof to the
7 date of issue of the refunding bonds to the purchase price of the
8 refunding bonds, including interest accrued thereon prior to the issu-
9 ance thereof. The maturity of such bonds, other than bonds issued to
10 refund outstanding bonds, shall not exceed the weighted average economic
11 life, as certified by the state university construction fund, of the
12 facilities in connection with which the bonds are issued, and in any
13 case not later than the earlier of thirty years or the expiration of the
14 term of any lease, sublease or other agreement relating thereto;
15 provided that no note, including renewals thereof, shall mature later
16 than five years after the date of issuance of such note. The legislature
17 reserves the right to amend or repeal such limit, and the state of New
18 York, the dormitory authority, the state university of New York, and the
19 state university construction fund are prohibited from covenanting or
20 making any other agreements with or for the benefit of bondholders which
21 might in any way affect such right.
22 § 37. Paragraph (j) of subdivision 2 of section 1680 of the public
23 authorities law, as amended by section 26 of part P2 of chapter 62 of
24 the laws of 2003, is amended to read as follows:
25 j. Subject to the provisions of chapter fifty-nine of the laws of two
26 thousand, the maximum amount of bonds and notes to be issued after March
27 thirty-first, two thousand two for a housing unit for the use of
28 students at a state-operated institution or statutory or contract
29 college under the jurisdiction of the state university of New York shall
30 be [four] eight hundred [twenty] million dollars. Such amount shall be
31 exclusive of bonds and notes issued to fund any reserve fund or funds,
32 costs of issuance, and to refund any outstanding bonds and notes relat-
33 ing to a housing unit under the jurisdiction of the state university of
34 New York.
35 § 38. Subdivision 10-a of section 1680 of the public authorities law,
36 as amended by section 27 of part P2 of chapter 62 of the laws of 2003,
37 is amended to read as follows:
38 10-a. Subject to the provisions of chapter fifty-nine of the laws of
39 two thousand, but notwithstanding any other provision of the law to the
40 contrary, the maximum amount of bonds and notes to be issued after March
41 thirty-first, two thousand two, on behalf of the state, in relation to
42 any locally sponsored community college, shall be two hundred [ten]
43 fifty-five million dollars. Such amount shall be exclusive of bonds and
44 notes issued to fund any reserve fund or funds, costs of issuance and to
45 refund any outstanding bonds and notes, issued on behalf of the state,
46 relating to a locally sponsored community college.
47 § 39. Section 69-c of the state finance law, as added by section 38 of
48 part K of chapter 81 of the laws of 2002, is amended to read as follows:
49 § 69-c. Variable rate bonds. Notwithstanding any other provision of
50 law to the contrary, any State-supported debt may be issued as variable
51 rate bonds.
52 Notwithstanding any other provision of law to the contrary, for
53 purposes of calculating the present value of debt service and calculat-
54 ing savings in connection with the issuance of refunding indebtedness,
55 (i) the effective interest rate and debt service payable on variable
56 rate bonds in connection with which, and to the extent that, an author-
S. 6456 114 A. 9556
1 ized issuer has entered into an interest rate exchange or similar agree-
2 ment pursuant to which the authorized issuer makes payments based on a
3 fixed rate and receives payments based on a variable rate that is
4 reasonably expected by such authorized issuer to be equivalent over time
5 to the variable rate paid on the related variable rate bonds, shall be
6 calculated assuming that the rate of interest on such variable rate
7 bonds is the fixed rate payable by the authorized issuer on such inter-
8 est rate exchange or similar agreement for the scheduled term of such
9 agreement; (ii) the effective interest rate and debt service on variable
10 rate bonds in connection with which, and to the extent that, an author-
11 ized issuer has not entered into such an interest rate exchange or simi-
12 lar agreement shall be calculated assuming that interest on such vari-
13 able interest rate bonds is payable at a rate or rates reasonably
14 assumed by the authorized issuer; (iii) the effective interest rate and
15 debt service on any bonds subject to optional or mandatory tender shall
16 be a rate or rates reasonably assumed by the authorized issuer; and (iv)
17 otherwise, the effective interest rate and debt service on any bonds
18 shall be calculated at a rate or rates reasonably assumed by the author-
19 ized issuer. Notwithstanding any other provision of law to the contrary,
20 for calculating the present value of debt service and calculating
21 savings in connection within the issuance of refunding indebtedness, the
22 refunding of variable rate debt instruments with new variable rate debt
23 instruments shall be excluded from any such requirements, if effectuated
24 for sound business purposes.
25 § 40. The public authorities law is amended by adding a new section
26 1680-k to read as follows:
27 § 1680-k. Financing of department of agriculture and markets facili-
28 ties. In order to effectuate the purpose of this title, the dormitory
29 authority shall have the following additional powers:
30 1. Subject to the provisions of chapter fifty-nine of the laws of two
31 thousand, but notwithstanding any provisions of law to the contrary, the
32 dormitory authority is hereby authorized to issue bonds or notes in one
33 or more series in an aggregate principal amount not to exceed forty
34 million dollars excluding bonds issued to finance one or more debt
35 service reserve funds, to pay costs of issuance of such bonds, and bonds
36 or notes issued to refund or otherwise repay such bonds or notes previ-
37 ously issued, for the purpose of financing the construction of the New
38 York state agriculture and markets food laboratory in Albany county.
39 Eligible project costs may include, but not be limited to the cost of
40 design, financing, site investigations, site acquisition and prepara-
41 tion, demolition, construction, rehabilitation, acquisition of machinery
42 and equipment, and infrastructure improvements. Such bonds and notes of
43 such authorized issuers shall not be a debt of the state, and the state
44 shall not be liable thereon, nor shall they be payable out of any funds
45 other than those appropriated by the state to such authorized issuers
46 for debt service and related expenses pursuant to any service contract
47 executed pursuant to subdivision two of this section and such bonds and
48 notes shall contain on the face thereof a statement to such effect.
49 Except for purposes of complying with the internal revenue code, any
50 interest income earned on bond proceeds shall only be used to pay debt
51 service on such bonds.
52 2. Notwithstanding any provisions of law to the contrary, in order to
53 assist such authorized issuers in undertaking the administration and
54 financing of the projects authorized pursuant to subdivision one of this
55 section, the director of the budget is hereby authorized to enter into
56 one or more service contracts with such authorized issuers, none of
S. 6456 115 A. 9556
1 which shall exceed more than twenty years in duration, upon such terms
2 and conditions as the director of the budget and such authorized issuers
3 shall agree, so as to annually provide to such authorized issuers, in
4 the aggregate, a sum not to exceed the annual debt service payments and
5 related expenses required for the bonds and notes issued pursuant to
6 this section. Any service contract entered into pursuant to this subdi-
7 vision shall provide that the obligation of the state to pay the amount
8 therein provided shall not constitute a debt of the state within the
9 meaning of any constitutional or statutory provision and shall be deemed
10 executor only to the extent of monies available and that no liability
11 shall be incurred by the state beyond the monies available for such
12 purposes, subject to annual appropriation by the legislature. Any such
13 contract or any payments made or to be made thereunder may be assigned
14 or pledged by such authorized issuers as security for its bonds and
15 notes, as authorized by this section.
16 § 41. Subdivision 8 of section 68-b of the state finance law, as
17 added by section 2 of part I of chapter 383 of the laws of 2001, is
18 amended to read as follows:
19 8. Revenue bonds may only be issued for authorized purposes, as
20 defined in section sixty-eight-a of this article. Notwithstanding the
21 foregoing, any authorized issuer may issue revenue bonds [in place of
22 (a) housing program bonds or notes as authorized by section forty-sev-
23 en-e of the private housing finance law, (b) bonds to finance the state
24 match for federal capitalization grants for the purpose of any state
25 revolving fund as authorized by paragraph (a) of subdivision one of
26 section twelve hundred ninety of the public authorities law and (c)
27 certificates of participation as authorized by article five-a of this
28 chapter] for any authorized purpose of any other such authorized issuer.
29 The authorized issuers shall not issue any revenue bonds in an amount in
30 excess of statutory authorizations for such authorized purposes.
31 Authorizations for such authorized purposes shall be reduced in an
32 amount equal to the amount of revenue bonds issued for such authorized
33 purposes under this article. Such reduction shall not be made in
34 relation to revenue bonds issued to fund reserve funds, if any, and
35 costs of issuance, if these items are not counted under existing author-
36 izations, nor shall revenue bonds issued to refund bonds issued under
37 existing authorizations reduce the amount of such authorizations.
38 § 42. Subdivision 4 of section 66-b of the state finance law, as
39 amended by section 17 of part II of chapter 59 of the laws of 2004, is
40 amended to read as follows:
41 4. [Notwithstanding] Subject to the provisions of chapter fifty-nine
42 of the laws of two thousand, but notwithstanding any other provisions of
43 law to the contrary, the maximum amount of certificates of participation
44 or similar instruments representing periodic payments due from the state
45 of New York, issued on behalf of state departments and agencies, the
46 city university of New York and any other state entity otherwise speci-
47 fied after March thirty-first, two thousand three shall be two hundred
48 [thirty-three] seventy-three million dollars. Such amount shall be
49 exclusive of certificates of participation or similar instruments issued
50 to fund a reserve fund or funds, costs of issuance and to refund
51 outstanding certificates of participation.
52 § 43. This act shall take effect immediately and shall be deemed to
53 have been in full force and effect on and after April 1, 2006; provided,
54 that section thirty-nine of this act shall take effect on the same date
55 as the reversion of section 69-c of the state finance law as provided in
56 section 39 of part Y of chapter 61 of the laws of 2005, as amended; and
S. 6456 116 A. 9556
1 provided, further, however, that sections one, three, four, fifteen and
2 seventeen through twenty-four of this act shall expire March 31, 2007,
3 when, upon such date, the provisions of such sections shall be deemed
4 repealed.
5 PART I
6 Section 1. Section 64 of the civil service law is amended by adding a
7 new subdivision 3-a to read as follows:
8 3-a. Temporary appointments without examination for projects in infor-
9 mation technology. Notwithstanding subdivisions one, two, and three of
10 this section or any other provision of law, the department may authorize
11 a temporary appointment without examination when the person appointed
12 will render professional, scientific, technical or other expert services
13 on a full-time or regular part-time basis in a temporary position estab-
14 lished to design, develop or implement a project that is related to the
15 utilization of information technologies. Such appointment may be author-
16 ized only in a case where, because of the nature of the services to be
17 rendered and the temporary character of such services, it would not be
18 practicable to hold an examination. The maximum term for such appoint-
19 ment shall not exceed sixty months.
20 § 2. The retirement and social security law is amended by adding a new
21 article 21 to read as follows:
22 ARTICLE 21
23 DEFINED CONTRIBUTION BENEFIT
24 Section 1100. Definitions.
25 1101. Defined contribution program established.
26 1102. Rates of contribution.
27 1103. Enrollment.
28 1104. Disability benefit.
29 1105. Death benefit.
30 1106. Social security.
31 1107. Inconsistent provisions of other acts superseded.
32 § 1100. Definitions. Wherever used in this article the following terms
33 shall have the following meanings:
34 1. The term "appointed employee" and "appointed employees" mean those
35 employees appointed to positions as described in subdivision three-a of
36 section sixty-four of the civil service law.
37 2. The term "defined contribution program" means the retirement
38 program established pursuant to this article.
39 § 1101. Defined contribution program established. 1. There is hereby
40 established a defined contribution program which shall provide for
41 retirement and death benefits for or on behalf of appointed employees.
42 Under such program the state and such employees shall contribute, to the
43 extent authorized or required, to such defined contribution accounts.
44 2. The deferred compensation board, as defined in section five of the
45 state finance law, is hereby authorized to provide for the adminis-
46 tration of such defined contribution program and to perform or authorize
47 the performance of such functions as may be necessary for such purposes
48 in accordance with this article.
49 § 1102. Rates of contribution. 1. (a) The state shall make a contrib-
50 ution equal to four percent of each appointed employee's annual wages.
51 Such contributions shall be known as "basic employer contributions".
52 (b) The state shall contribute an amount equal to the contribution
53 made by each appointed employee, provided however, that such additional
54 contributions shall not exceed three percent of each appointed employ-
S. 6456 117 A. 9556
1 ee's annual wages. Such contributions shall be known as "matching
2 employer contributions".
3 2. In the case of any appointed employee, employees shall be allowed
4 to contribute an amount up to the maximum allowable amount, inclusive of
5 basic and matching employer contributions, permitted by federal law in
6 26 U.S.C. 457 (b).
7 3. No contributions pursuant to subdivision one of this section shall
8 be made by the state until an appointed employee's completion of one
9 year of service and continuance in service thereafter. Employee contrib-
10 utions, if any, made during this initial year of service shall be
11 deducted and held by the deferred compensation board. At the end of an
12 appointed employee's initial year of service, a single contribution in
13 an amount determined pursuant to subdivisions one and two of this
14 section, with interest at the rate of four per centum per annum, shall
15 be made by the state, upon audit and warrant of the comptroller, to the
16 designated investment options, on behalf of such employee continued in
17 service. In the case of an appointed employee who does not continue in
18 service with the state beyond his or her initial year of service, the
19 amount of employee contribution, if any, deducted from his or her salary
20 shall be refunded to him or her, with interest at the rate of four per
21 centum per annum.
22 § 1103. Enrollment. 1. Each appointed employee initially appointed
23 pursuant to subdivision three-a of section sixty-four of the civil
24 service law, shall automatically be enrolled in the defined contribution
25 program established by this article.
26 2. All appointed employees enrolled in the defined contribution
27 program shall be ineligible for membership in the New York state and
28 local employees' retirement system or any other public retirement system
29 in this state so long as he or she shall remain continuously employed
30 pursuant to subdivision three-a of section sixty-four of the civil
31 service law.
32 3. (a) Any appointed employee who is a member of either the New York
33 state and local employees' retirement system or any other public retire-
34 ment system in this state at the time he or she is enrolled in the
35 defined contribution program established pursuant to this article, shall
36 be deemed to be a person who discontinues service on the effective date
37 of such appointment, for the purpose of determining his or her eligibil-
38 ity for rights and benefits in such public retirement systems; provided
39 however, that if he or she does not withdraw his or her accumulated
40 contributions, (i) his or her continued service with the state while
41 under the defined contribution program shall be deemed to be member
42 service in either the New York state and local employees' retirement
43 system or any other public retirement system in this state for the
44 purpose of determining his or her eligibility for any vested retirement
45 allowance, retirement allowance or ordinary death benefit under any
46 system dependent upon a specified period of total service or upon
47 attainment of a specified age while in service or upon death while in
48 service; and (ii) the amount of any such benefit to which an appointed
49 employee or his or her estate or person designated by him or her may
50 become entitled under any system shall be computed only on the basis of
51 service otherwise creditable to him or her therein and his or her
52 compensation during such service.
53 (b) Appointed employees and their beneficiaries shall not be entitled
54 to any right or benefit under either the New York state and local
55 employees' retirement system or any other public retirement system in
56 this state other than a vested retirement allowance, retirement allow-
S. 6456 118 A. 9556
1 ance or ordinary death benefit to the extent expressly provided for in
2 this section.
3 § 1104. Disability benefit. 1. The department of civil service shall
4 provide for the purchase of disability insurance for appointed employ-
5 ees. Coverage shall be equal to one-third of an appointed employee's
6 salary, less the amount received from social security disability benefit
7 payments. To be eligible to receive a disability benefit pursuant to
8 this section, appointed employees shall be receiving social security
9 disability benefits.
10 2. A disability retirement allowance payable pursuant to this section
11 shall be in lieu of the payment of the basic employer contributions made
12 pursuant to this article.
13 § 1105. Death benefit. 1. Appointed employees shall receive the
14 following financial protection in the event of death in service: a bene-
15 fit upon the death of a member in service equal to the member's salary
16 upon his or her completion of one year of service, two years' salary
17 upon completion of two years of service, and three years' salary upon
18 completion of three years of service.
19 2. For the purposes of this section: (a) the death benefit payable
20 shall be in lieu of the payment of the basic employer contributions and
21 matching employer contributions made pursuant to this article, but shall
22 not be less than the value of such contributions and (b) the value of
23 the appointed employee's employee contributions shall be payable in
24 addition to the death benefit payable pursuant to this section.
25 § 1106. Social security. Every appointed employee shall have old-age,
26 survivors, and disability insurance coverage provided by the federal
27 social security act in accordance with the provisions of article three
28 of this chapter.
29 § 1107. Inconsistent provisions of other acts superseded. Insofar as
30 the provisions of this article are inconsistent with the provisions of
31 any other act, general or special, the provisions of this article shall
32 be controlling.
33 § 3. This act shall take effect immediately and shall be deemed to
34 have been in full force and effect on and after April 1, 2006.
FISCAL NOTE.--This bill would provide a defined contribution retire-
ment benefit for certain individuals appointed to positions pursuant to
new subdivision 3-a of section 64 of the civil service law.
The defined contribution retirement benefit will provide members with
a basic employer contribution equal to four percent of an employee's
salary. While there is no mandatory employee contribution, the State
will match up to three percent of optional employee contributions on a
dollar-for-dollar basis. This allows for a total State contribution of
up to seven percent of an employee's salary.
If this bill is enacted, the additional cost for each member who
receives this benefit will vary depending on the member's salary and
extent of participation under the employer contribution match option.
It is anticipated that the per member cost will be at least 4 percent
of a member's salary annually - - with the maximum reaching 7 percent of
a member's salary annually. Due to the very limited number of individ-
uals affected and expectation that such benefit will be no more costly
than the traditional benefit which would otherwise be available to such
individuals, we estimate a negligible cost, if any.
This estimate was prepared by the New York State Division of the Budg-
et.
35 PART J
S. 6456 119 A. 9556
1 Section 1. Subdivision 5 of section 362 of chapter 83 of the laws of
2 1995 amending the state finance law and other laws relating to bonds,
3 notes and revenues, as amended by section 1 of part K of chapter 56 of
4 the laws of 2005, is amended to read as follows:
5 5. Sections thirty-one through forty-two of this act shall take effect
6 on the thirtieth day after it shall have become a law and shall be
7 deemed to have been in full force and effect on and after April 1,
8 1995[; provided that section 163 of the state finance law, as added by
9 section thirty-three of this act shall remain in full force and effect
10 until June 30, 2006 at which time it shall expire and be deemed
11 repealed. Contracts executed prior to the expiration of such section 163
12 shall remain in full force and effect until the expiration of any such
13 contract notwithstanding the expiration of certain provisions of this
14 act].
15 § 2. Section 138 of the state finance law is amended to read as
16 follows:
17 § 138. State contracts not to be assigned without consent. A clause
18 shall be inserted in all specifications or contracts hereafter made or
19 awarded by the state, or any public department or official thereof,
20 prohibiting any contractor, to whom any contract shall be let, granted
21 or awarded, as required by law, from assigning, transferring, conveying,
22 sub-letting or otherwise disposing of the same, or of his or her right,
23 title or interest therein, or his power to execute such contract to any
24 other person, company or corporation, without the previous consent in
25 writing of the department or official awarding the same.
26 If any contractor, to whom any contract is hereafter let, granted or
27 awarded, as required by law, by the state, or by any public department
28 or official thereof, shall, without the previous written consent speci-
29 fied in the [first] opening paragraph of this section, assign, transfer,
30 convey, sublet or otherwise dispose of the same, or his or her right,
31 title or interest therein, or his or her power to execute such contract,
32 to any other person, company or other corporation, the state, public
33 department or official, as the case may be, which let, made, granted or
34 awarded said contract, shall revoke and annul such contract, and the
35 state, public department or officer, as the case may be, shall be
36 relieved and discharged from any and all liability and obligations grow-
37 ing out of said contract to such contract, and to the person, company,
38 or corporation to whom he or she shall assign, transfer, convey, sublet
39 or otherwise dispose of the same, and said contractor, and his or her
40 assignee, transferee, or sub-lessee, shall forfeit and lose all moneys,
41 theretofore earned under said contract except so much as may be required
42 to pay his or her employees; provided that nothing [herein] in this
43 section contained shall be construed to hinder, prevent or affect an
44 assignment by such contract for the benefit of his or her creditors,
45 made pursuant to the statutes of this state.
46 Notwithstanding the above provisions of this section, the commissioner
47 of general services and state agencies may waive prior written consent
48 of an assignment, transfer, conveyance, sublease or other disposition of
49 contracts or monies under a contract let pursuant to article eleven of
50 this chapter. Such waiver may be granted under circumstances where the
51 contractor verifies to the commissioner or state agency, as applicable,
52 that the assignment, transfer, conveyance, sublease or other disposition
53 is due to but not necessarily limited to, a reorganization, merger or
54 consolidation of the contractor's business entity or enterprise. The
55 commissioner and state agencies retain the right, as provided in this
S. 6456 120 A. 9556
1 section, to accept or reject an assignment, transfer, sublease or other
2 disposition by the contractor.
3 § 3. Paragraph (a) of subdivision 2 of section 112 of the state
4 finance law, as amended by chapter 95 of the laws of 2000, is amended to
5 read as follows:
6 (a) Before any contract made for or by any state agency, department,
7 board, officer, commission, or institution, except the office of general
8 services, shall be executed or become effective, whenever such contract
9 exceeds [fifteen] fifty thousand dollars in amount and before any
10 contract made for or by the office of general services shall be executed
11 or become effective, whenever such contract exceeds one hundred thousand
12 dollars in amount, it shall first be approved by the comptroller and
13 filed in his or her office, provided, however, that the comptroller
14 shall make a final written determination with respect to approval of
15 such contract within ninety days of the submission of such contract to
16 his or her office unless the comptroller shall notify, in writing, the
17 state agency, department, board, officer, commission, or institution,
18 prior to the expiration of the ninety day period, and for good cause, of
19 the need for an extension [of not more than fifteen days, or] for a
20 reasonable period of time agreed to by such state agency, department,
21 board, officer, commission, or institution and provided, further, that
22 such written determination or extension shall be made part of the
23 procurement record pursuant to paragraph f of subdivision one of section
24 one hundred sixty-three of this chapter.
25 § 4. Subdivision 3 of section 112 of the state finance law, as amended
26 by chapter 319 of the laws of 1992, is amended to read as follows:
27 3. A contract or other instrument wherein the state or any of its
28 officers, agencies, boards or commissions agrees to give a consideration
29 other than the payment of money, when the value or reasonably estimated
30 value of such consideration exceeds [ten] fifty thousand dollars, shall
31 not become a valid enforceable contract unless such contract or other
32 instrument shall first be approved by the comptroller and filed in his
33 office.
34 § 5. Subdivision 3 of section 141 of the economic development law, as
35 amended by chapter 95 of the laws of 2000, is amended to read as
36 follows:
37 3. "Procurement contract" shall mean any written agreement entered
38 into by an agency for the acquisition of goods or services of any kind
39 in the actual or estimated amount of [fifteen] fifty thousand dollars or
40 more. The term does not include an agreement for employment in the civil
41 service, or documentation such as a purchase order, change order,
42 purchase requisition, or request for a best and final pricing.
43 § 6. Section 145 of the economic development law, as amended by chap-
44 ter 95 of the laws of 2000, is amended to read as follows:
45 § 145. Approval of comptroller. The comptroller shall not approve or
46 file any procurement contract for the acquisition of goods or services
47 in the amount of [fifteen] fifty thousand dollars or more unless notice
48 as provided in section one hundred forty-two of this article shall first
49 have been published in the procurement opportunities newsletter at least
50 fifteen business days prior to the date on which a bid or proposal was
51 due. Provided, however, such requirement of publication of advance
52 notice shall not apply to contracts exempt from such requirement under
53 section one hundred forty-four of this article; provided further, that
54 the comptroller shall not be required to disapprove a contract if he
55 determines that there has been substantial compliance with the require-
56 ments of section one hundred forty-two and section one hundred forty-
S. 6456 121 A. 9556
1 three of this article. The foregoing provisions of this section shall
2 not be construed to limit, in any manner, the right of the comptroller
3 to demand evidence of adequate competition or such other proofs as he
4 may require in the discharge of his responsibilities pursuant to section
5 one hundred twelve of the state finance law or any other provision of
6 law.
7 § 7. Subdivision 6 of section 163 of the state finance law, as amended
8 by chapter 95 of the laws of 2000, is amended to read as follows:
9 6. Discretionary buying thresholds. Pursuant to guidelines established
10 by the state procurement council: the commissioner may purchase services
11 and commodities in an amount not exceeding [fifty] one hundred thousand
12 dollars without a formal competitive process; state agencies may
13 purchase services and commodities in an amount not exceeding [fifteen]
14 fifty thousand dollars without a formal competitive process; and
15 notwithstanding the provisions of subdivisions two and three of section
16 one hundred twelve of this chapter relating to the dollar threshold
17 requiring the state comptroller's approval of contracts, or the notice
18 requirements of article four-C of the economic development law, state
19 agencies may purchase commodities or services from small business
20 concerns or those certified pursuant to article fifteen-A of the execu-
21 tive law, or commodities or technology that are recycled or remanufac-
22 tured, in an amount not exceeding [fifty] one hundred thousand dollars
23 without a formal competitive process.
24 § 8. Subdivision 6-a of section 163 of the state finance law, as added
25 by chapter 95 of the laws of 2000, is amended to read as follows:
26 6-a. Discretionary purchases. Notwithstanding the provisions of
27 [subdivision] subdivisions two and three of section one hundred twelve
28 of this chapter relating to the dollar threshold requiring the state
29 comptroller's approval of contracts, or article four-C of the economic
30 development law, the commissioner of general services may make purchases
31 or enter into contracts for the acquisition of commodities and services
32 having a value not exceeding [thirty] fifty thousand dollars without
33 prior approval by any other state officer or agency in accordance with
34 procedures and requirements set forth in this article.
35 § 9. Paragraph a of subdivision 1 of section 161 of the state finance
36 law, as added by chapter 83 of the laws of 1995, is amended to read as
37 follows:
38 a. The state procurement council shall continuously strive to improve
39 the state's procurement process. Such council shall consist of [nine-
40 teen] twenty-three members, including the commissioner, the state comp-
41 troller, the director of the budget, the director of the office for
42 technology and the commissioner of economic development, or their
43 respective designees; [seven] ten members who shall be the heads of
44 other large and small state agencies chosen by the governor, or their
45 respective designees; and eight at large members appointed as follows:
46 three appointed by the temporary president of the senate, one of whom
47 shall be a representative of local government and one of whom shall be a
48 representative of private business; three appointed by the speaker of
49 the assembly, one of whom shall be a representative of local government
50 and one of whom shall be a representative of private business; one
51 appointed by the minority leader of the senate; and, one appointed by
52 the minority leader of the assembly; and two non-voting observers
53 appointed as follows: one appointed by the temporary president of the
54 senate and one appointed by the speaker of the assembly. The non-voting
55 observers shall be provided, contemporaneously, all documentation and
56 materials distributed to members. The council shall be chaired by the
S. 6456 122 A. 9556
1 commissioner and shall meet [at least] quarterly, or more often as
2 determined by the commissioner to be necessary and appropriate.
3 § 10. The state finance law is amended by adding a new section 161-a
4 to read as follows:
5 § 161-a. Advisory council on vendor responsibility database. 1. There
6 is hereby established an advisory council on vendor responsibility data-
7 base. Such council shall be composed of eleven members as follows:
8 a. the commissioner or his or her designee, who shall be chair;
9 b. the state comptroller, or his or her designee, who shall be vice-
10 chair;
11 c. the attorney general, or his or her designee;
12 d. the director of the division of the budget, or his or her designee;
13 e. the director of the office of technology, or his or her designee;
14 f. the commissioner of transportation, or his or her designee;
15 g. two members appointed by the governor as follows: (i) one member
16 shall be a representative of local governments, and (ii) one member
17 shall be a representative of the contracting community;
18 h. one member appointed by the temporary president of the senate;
19 i. one member appointed by the speaker of the assembly; and
20 j. one member appointed by the chief judge of the court of appeals.
21 2. The members of the advisory council on vendor responsibility data-
22 base shall receive no compensation for their services, but shall be
23 allowed their actual and necessary expenses incurred in the performance
24 of their duties.
25 3. The advisory council on vendor responsibility database shall study
26 and make recommendations to the governor and the legislature relative to
27 the advisability of establishing a centralized repository of relevant
28 data and information with respect to the responsibility of proposed
29 contractors for contract awards. In conducting such review and study and
30 in the development of recommendations about the feasibility of imple-
31 menting a database, such council shall consider, but is not limited to,
32 issues such as what data and information are to be collected, its rele-
33 vance to the type and value of the procurement, how often such informa-
34 tion shall be collected, how such information may be accessed and
35 disseminated by state agencies and the business community, protecting
36 trade secrets or other proprietary business enterprise data and informa-
37 tion, processes for providing due process to proposed contractors, and
38 disposition or destruction of old data and information. All state agen-
39 cies shall cooperate and work with the advisory council on vendor
40 responsibility database in the study of the need and use of a central-
41 ized repository for vendor responsibility. Such council is charged with
42 meeting with the contracting community to discuss their issues and
43 consider their recommendations relative to vendor responsibility and the
44 advisability of a centralized repository.
45 4. If the advisory council on vendor responsibility database concludes
46 that a centralized repository for vendor responsibility is advisable,
47 then the study shall also provide for a strategic plan for the implemen-
48 tation of such system.
49 5. The advisory council on vendor responsibility database shall on or
50 before January first, two thousand seven submit a report on the feasi-
51 bility of implementing a vendor responsibility database including the
52 study to the governor and legislature.
53 § 11. Paragraph c of subdivision 1 of section 163 of the state finance
54 law, as added by chapter 83 of the laws of 1995, is amended to read as
55 follows:
S. 6456 123 A. 9556
1 c. "Responsible" or "responsibility" shall have the same meaning as
2 such terms have been interpreted prior to the effective date of this
3 article and as further interpreted subsequent to the effective date of
4 this article.
5 § 12. Paragraph e of subdivision 4 of section 163 of the state finance
6 law, as amended by chapter 95 of the laws of 2000, is amended to read as
7 follows:
8 e. [Any officer, body or agency of a political subdivision as defined
9 in section one hundred of the general municipal law or a district there-
10 in, may make purchases of services through the office of general
11 services' centralized contracts for services, subject to the provisions
12 of section one hundred four of the general municipal law. The commis-
13 sioner may permit and prescribe the conditions for the purchase of
14 services through the office of general services' centralized contracts
15 for services by any public authority or public benefit corporation of
16 the state including the port authority of New York and New Jersey. The
17 commissioner is authorized to permit any public library, association
18 library, library system, cooperative library system, the New York
19 Library Association, and the New York State Association of Library
20 Boards or any other library except those which are operated by for
21 profit entities, to make purchases of services through the office of
22 general services' centralized contracts; provided, however, that such
23 entity so empowered shall accept sole responsibility for any payment due
24 with respect to such purchase.] The commissioner is authorized to permit
25 any officer, body or agency of the state or of a political subdivision
26 or a district therein, or fire company or volunteer ambulance service as
27 defined in section one hundred of the general municipal law, to make
28 purchases of services through the office of general services' central-
29 ized contracts, subject to the provisions of section one hundred four of
30 the general municipal law, or any public library, association library,
31 library system, cooperative library system, the New York Library Associ-
32 ation, and the New York State Association of Library Boards or any other
33 library, except those which are operated by for profit entities, or any
34 other association or entity as specified in state law, to make purchases
35 of services through the office of general services' centralized
36 contracts; provided, however, that such entity so empowered shall accept
37 sole responsibility for any payment due with respect to such purchase.
38 The commissioner may permit and prescribe the conditions for (i) any
39 association, consortium or group of privately owned or municipal, feder-
40 al or state owned or operated hospitals, medical schools, other health
41 related facilities or voluntary ambulance services, which have entered
42 into a contract and made mutual arrangements for the joint purchase of
43 services pursuant to section twenty-eight hundred three-a of the public
44 health law; (ii) any institution for the instruction of the deaf or of
45 the blind listed in section forty-two hundred one of the education law;
46 (iii) any qualified non-profit-making agency for the blind approved by
47 the commissioner of temporary and disability assistance; (iv) any quali-
48 fied charitable non-profit-making agency for the severely disabled
49 approved by the commissioner of education; (v) any hospital or residen-
50 tial health care facility as defined in section twenty-eight hundred one
51 of the public health law; (vi) any private not-for-profit mental hygiene
52 facility as defined in section 1.03 of the mental hygiene law; (vii) any
53 public authority or public benefit corporation of the state including
54 the port authority of New York and New Jersey and the interstate envi-
55 ronmental commission, to make purchases using centralized contracts for
56 services and (viii) any postsecondary institution chartered by the
S. 6456 124 A. 9556
1 regents pursuant to section two hundred sixteen of the education law or
2 incorporated under a special act of the legislature.
3 § 13. Subdivision 5 of section 163 of the state finance law is amended
4 by adding a new paragraph c to read as follows:
5 c. No state agency may avoid the requirements of this section by arti-
6 ficially splitting or dividing a single contract, or by entering into a
7 series of contracts during a sixty day period for the same or similar
8 commodities and services.
9 § 14. Subdivision 4 of section 167 of the state finance law, as added
10 by chapter 83 of the laws of 1995, is amended to read as follows:
11 4. Where the commissioner has determined personal property of the
12 state shall be sold, the availability of such property shall be adver-
13 tised at least once prior to sale in a local newspaper. Such advertise-
14 ment shall identify the property, the place where the terms of sale may
15 be obtained and the date upon which offers will be received. In cases of
16 emergency or special circumstances, such notice may be waived if at
17 least three separate and independent offers are solicited and obtained.
18 Notwithstanding the above provisions of this subdivision, where the
19 property will be sold by public auction over the Internet, such notice
20 may be waived if notification of the availability of such property is
21 provided on the office of general services' website five business days
22 prior to sale. Every such sale shall be made to the highest offer
23 complying with the terms of sale and all proceeds of such sales shall be
24 deposited to the credit of the general fund of the state unless other-
25 wise required by law. A record of each sale shall be retained and shall
26 be subject to audit.
27 § 15. Subdivision 1 of section 103 of the general municipal law, as
28 amended by chapter 741 of the laws of 2005, is amended to read as
29 follows:
30 1. Except as otherwise expressly provided by an act of the legislature
31 or by a local law adopted prior to September first, nineteen hundred
32 fifty-three, all contracts for public work involving an expenditure of
33 more than [twenty] fifty thousand dollars and all purchase contracts
34 involving an expenditure of more than [ten] twenty thousand dollars,
35 shall be awarded by the appropriate officer, board or agency of a poli-
36 tical subdivision or of any district therein including but not limited
37 to a soil conservation district, to the lowest responsible bidder
38 furnishing the required security after advertisement for sealed bids in
39 the manner provided by this section. No political subdivision or
40 district may avoid the requirements of this section by artificially
41 splitting or dividing a single contract, or by entering into a series of
42 contracts during a sixty day period for the same type of work or the
43 same or similar commodities. In any case where a responsible bidder's
44 gross price is reducible by an allowance for the value of used machin-
45 ery, equipment, apparatus or tools to be traded in by a political subdi-
46 vision, the gross price shall be reduced by the amount of such allow-
47 ance, for the purpose of determining the low bid. In cases where two or
48 more responsible bidders furnishing the required security submit identi-
49 cal bids as to price, such officer, board or agency may award the
50 contract to any of such bidders. Such officer, board or agency may, in
51 his or her or its discretion, reject all bids and readvertise for new
52 bids in the manner provided by this section. For purposes of this
53 section, "sealed bids", as that term applies to purchase contracts,
54 shall include bids submitted in an electronic format, provided that the
55 governing board of the political subdivision or district, by resolution,
56 has authorized the receipt of bids in such format. Submission in elec-
S. 6456 125 A. 9556
1 tronic format may not, however, be required as the sole method for the
2 submission of bids. Bids submitted in an electronic format shall be
3 transmitted by bidders to the receiving device designated by the poli-
4 tical subdivision or district. Any method used to receive electronic
5 bids shall comply with article three of the state technology law, and
6 any rules and regulations promulgated and guidelines developed there-
7 under and, at a minimum, must (a) document the time and date of receipt
8 of each bid received electronically; (b) authenticate the identity of
9 the sender; (c) ensure the security of the information transmitted; and
10 (d) ensure the confidentiality of the bid until the time and date estab-
11 lished for the opening of bids. The timely submission of an electronic
12 bid in compliance with instructions provided for such submission in the
13 advertisement for bids and/or the specifications shall be the responsi-
14 bility solely of each bidder or prospective bidder. No political subdi-
15 vision or district therein shall incur any liability from delays of or
16 interruptions in the receiving device designated for the submission and
17 receipt of electronic bids.
18 § 16. Subdivision (a) of section 41 of part X of chapter 62 of the
19 laws of 2003 amending the general municipal law and the county law
20 relating to expanding the authority of a political subdivision or
21 district to purchase materials or contract for services is REPEALED and
22 subdivisions (b) and (c) are relettered paragraphs (a) and (b).
23 § 17. Subdivision 5 of section 103 of the general municipal law, as
24 amended by chapter 413 of the laws of 1991, is amended to read as
25 follows:
26 5. Upon the adoption of a resolution by a vote of at least three-
27 fifths of all the members of the governing body of a political subdivi-
28 sion or district therein stating that, for reasons of efficiency or
29 economy, there is need for standardization, purchase contracts for a
30 particular type or kind of equipment, material or supplies [of more than
31 ten thousand dollars] in excess of the monetary threshold fixed for
32 purchase contracts in this section may be awarded by the appropriate
33 officer, board or agency of such political subdivision or any such
34 district therein, to the lowest responsible bidder furnishing the
35 required security after advertisement for sealed bids therefor in the
36 manner provided in this section. Such resolution shall contain a full
37 explanation of the reasons for its adoption.
38 § 18. (a) Notwithstanding any law to the contrary, the division of
39 minority and women's business development, created pursuant to section
40 117 of the economic development law, is hereby directed to study:
41 (i) current levels of minority and women-owned business enterprise
42 qualification for and participation in state public works contracts and
43 contracts for commodities and services; and (ii) minority and women-
44 owned business enterprise participation relative to other contractors by
45 market-area, region or other appropriate geographic or statistical area.
46 (b) Such division shall solicit input from operators of minority and
47 women-owned business enterprises and make recommendations based on such
48 input including, but not limited to, changes to state law, regulation
49 and policy, necessary to foster and promote the prosperity, expansion
50 and development of minority and women-owned business enterprises within
51 the state.
52 (c) Such division shall submit its study and recommendations in the
53 form of a report to the governor and the legislature on or before Janu-
54 ary 1, 2007.
55 § 19. This act shall take effect immediately; provided that procure-
56 ment contracts for which bid solicitations have been issued prior to the
S. 6456 126 A. 9556
1 effective date of this act shall be awarded pursuant to the provisions
2 of law in effect at the time of issuance of the bid solicitation.
3 PART K
4 Section 1. Paragraphs (a) and (b) of subdivision 3 of section 101-b of
5 the alcoholic beverage control law, paragraph (a) as amended by chapter
6 647 of the laws of 1989 and paragraph (b) as amended by chapter 669 of
7 the laws of 1989, are amended to read as follows:
8 (a) No brand of liquor or wine shall be sold to or purchased by a
9 wholesaler, irrespective of the place of sale or delivery, unless a
10 schedule, as provided by this section, is [filed with] transmitted to
11 and received by the liquor authority, and is then in effect. Such sched-
12 ule shall be [in writing duly verified, and filed in the number of
13 copies and form as required by the authority,] transmitted to the
14 authority in such form, manner, medium and format as the authority may
15 direct; shall be deemed duly verified by the person submitting such
16 schedule upon its transmission to the authority; and shall contain, with
17 respect to each item, the exact brand or trade name, capacity of pack-
18 age, nature of contents, age and proof where stated on the label, the
19 number of bottles contained in each case, the bottle and case price to
20 wholesalers, the net bottle and case price paid by the seller, which
21 prices, in each instance, shall be individual for each item and not in
22 "combination" with any other item, the discounts for quantity, if any,
23 and the discounts for time of payment, if any. Such brand of liquor or
24 wine shall not be sold to wholesalers except at the price and discounts
25 then in effect unless prior written permission of the authority is
26 granted for good cause shown and for reasons not inconsistent with the
27 purpose of this chapter. Such schedule shall be [filed] transmitted by
28 (1) the owner of such brand, or (2) a wholesaler selling such brand and
29 who is designated as agent for the purpose of filing such schedule if
30 the owner of the brand is not licensed by the authority, or (3) with the
31 approval of the authority, by a wholesaler, in the event that the owner
32 of the brand is unable to [file] transmit a schedule or designate an
33 agent for such purpose. As used in this subdivision the term "item"
34 shall be deemed to include a sealed, pre-wrapped package consisting of a
35 sealed container of liquor, wine or wine product and other merchandise
36 reasonably used in connection with the preparation, storage or service
37 of liquor, wine or wine products provided that such other merchandise
38 shall not be potable or edible.
39 (b) No brand of liquor or wine shall be sold to or purchased by a
40 retailer unless a schedule, as provided by this section, is [filed with]
41 transmitted to and received by the liquor authority, and is then in
42 effect. Such schedule shall be [in writing duly verified, and filed in
43 the number of copies and form as required by the authority,] transmitted
44 to the authority in such form, manner, medium and format as the authori-
45 ty may direct; shall be deemed duly verified by the person submitting
46 such schedule upon its transmission to the authority; and shall contain,
47 with respect to each item, the exact brand or trade name, capacity of
48 package, nature of contents, age and proof where stated on the label,
49 the number of bottles contained in each case, the bottle and case price
50 to retailers, the net bottle and case price paid by the seller, which
51 prices, in each instance, shall be individual for each item and not in
52 "combination" with any other item, the discounts for quantity, if any,
53 and the discounts for time of payment, if any. Such brand of liquor or
54 wine shall not be sold to retailers except at the price and discounts
S. 6456 127 A. 9556
1 then in effect unless prior written permission of the authority is
2 granted for good cause shown and for reasons not inconsistent with the
3 purpose of this chapter. Such schedule shall be [filed] transmitted by
4 each manufacturer selling such brand to retailers and by each wholesaler
5 selling such brand to retailers.
6 § 2. Subdivision 3 of section 17 of the alcoholic beverage control
7 law, as separately amended by section 1 of part L of chapter 62 and
8 chapter 522 of the laws of 2003, is amended to read as follows:
9 3. To revoke, cancel or suspend for cause any license or permit issued
10 under this chapter and/or to impose a civil penalty for cause against
11 any holder of a license or permit issued pursuant to this chapter. Any
12 civil penalty so imposed shall not exceed the sum of [ten] fifty thou-
13 sand dollars per violation as against the holder of any retail permit
14 issued pursuant to sections ninety-five, ninety-seven, ninety-eight,
15 ninety-nine-d and paragraph f of subdivision one of section
16 ninety-nine-b of this chapter and as against the holder of any retail
17 license issued pursuant to sections fifty-two, fifty-three-a, fifty-
18 four, fifty-four-a, fifty-five, fifty-five-a, sixty-three, sixty-four,
19 sixty-four-a, sixty-four-b, sixty-four-c, seventy-nine, eighty-one and
20 eighty-one-a of this chapter, and the sum of [thirty] one hundred thou-
21 sand dollars per violation as against the holder of a license issued
22 pursuant to sections fifty-three, seventy-six, seventy-six-a, seventy-
23 six-f, and seventy-eight of this chapter, provided that the civil penal-
24 ty against the holder of a wholesale license issued pursuant to section
25 fifty-three of this chapter shall not exceed the sum of [ten] fifty
26 thousand dollars per violation where that licensee violates provisions
27 of this chapter during the course of the sale of beer at retail to a
28 person for consumption at home, and the sum of [one hundred] four
29 hundred thousand dollars per violation as against the holder of any
30 license issued pursuant to sections fifty-one, sixty-one and sixty-two
31 of this chapter. Any civil penalty so imposed shall be in addition to
32 and separate and apart from the terms and provisions of the bond
33 required pursuant to section one hundred twelve of this chapter.
34 Provided that no appeal is pending on the imposition of such civil
35 penalty, in the event such civil penalty imposed by the division remains
36 unpaid, in whole or in part, more than forty-five days after written
37 demand for payment has been sent by first class mail to the address of
38 the licensed premises, a notice of impending default judgment shall be
39 sent by first class mail to the licensed premises and by first class
40 mail to the last known home address of the person who signed the most
41 recent license application. The notice of impending default judgment
42 shall advise the licensee: (a) that a civil penalty was imposed on the
43 licensee; (b) the date the penalty was imposed; (c) the amount of the
44 civil penalty; (d) the amount of the civil penalty that remains unpaid
45 as of the date of the notice; (e) the violations for which the civil
46 penalty was imposed; and (f) that a judgment by default will be entered
47 in the supreme court of the county in which the licensed premises are
48 located, or other court of civil jurisdiction or any other place
49 provided for the entry of civil judgments within the state of New York
50 unless the division receives full payment of all civil penalties due
51 within twenty days of the date of the notice of impending default judg-
52 ment. If full payment shall not have been received by the division with-
53 in thirty days of mailing of the notice of impending default judgment,
54 the division shall proceed to enter with such court a statement of the
55 default judgment containing the amount of the penalty or penalties
56 remaining due and unpaid, along with proof of mailing of the notice of
S. 6456 128 A. 9556
1 impending default judgment. The filing of such judgment shall have the
2 full force and effect of a default judgment duly docketed with such
3 court pursuant to the civil practice law and rules and shall in all
4 respects be governed by that chapter and may be enforced in the same
5 manner and with the same effect as that provided by law in respect to
6 execution issued against property upon judgments of a court of record. A
7 judgment entered pursuant to this subdivision shall remain in full force
8 and effect for eight years notwithstanding any other provision of law.
9 § 3. Section 17 of the alcoholic beverage control law is amended by
10 adding a new subdivision 7-a to read as follows:
11 7-a. To adopt, promulgate, amend and repeal such rules and regulations
12 as the authority may deem necessary to carry out the provisions of this
13 chapter, and the policies and practices of the division in connection
14 therewith.
15 § 4. Subdivision 3 of section 65-c of the alcoholic beverage control
16 law, as amended by chapter 137 of the laws of 2001, is amended to read
17 as follows:
18 3. Any person who unlawfully possesses an alcoholic beverage with
19 intent to consume may be summoned before and examined by a court having
20 jurisdiction of that charge; provided, however, that nothing contained
21 herein shall authorize, or be construed to authorize, a peace officer as
22 defined in subdivision thirty-three of section 1.20 of the criminal
23 procedure law or a police officer as defined in subdivision thirty-four
24 of section 1.20 of such law to arrest a person who unlawfully possesses
25 an alcoholic beverage with intent to consume. If a determination is made
26 sustaining such charge the court may impose a fine not exceeding [fifty]
27 two hundred dollars and/or completion of an alcohol awareness program
28 established pursuant to section 19.25 of the mental hygiene law and/or
29 an appropriate amount of community service not to exceed thirty hours.
30 § 5. This act shall take effect immediately; provided, however,
31 section one of this act shall take effect on the first day of the month
32 one hundred twenty days after it shall have become law.
33 PART L
34 Section 1. Section 3 of chapter 691 of the laws of 2003 amending the
35 general business law and the executive law relating to enacting the New
36 York Motor Fuel Marketing Practices Act, is amended to read as follows:
37 § 3. This act shall take effect immediately [and shall expire and be
38 deemed repealed 3 years after such date].
39 § 2. The executive law is amended by adding a new section 75 to read
40 as follows:
41 § 75. Reimbursement of reasonable costs to the consumer protection
42 board. Notwithstanding any other provisions of law, the attorney general
43 shall pay the consumer protection board its ordinary costs and expenses
44 related to the investigation of any complaint that is referred to the
45 attorney general pursuant to paragraph b of subdivision three of section
46 five hundred fifty-three of this chapter and is thereafter prosecuted or
47 settled by the attorney general and which results in the collection of
48 costs, penalties, judgments or settlement by the attorney general. The
49 attorney general shall pay the consumer protection board its ordinary
50 costs and expenses into the consumer protection account 339.F2 prior to
51 the payment into the state treasury as required by section one hundred
52 twenty-one of the state finance law of costs, penalties, judgments or
53 settlement collected pursuant to this section. "Ordinary costs and
54 expenses" shall mean costs and expenses incurred by the consumer
S. 6456 129 A. 9556
1 protection board as a consequence of an investigation of any complaint
2 received pursuant to paragraph a of subdivision two of section five
3 hundred fifty-three of this chapter.
4 § 3. This act shall take effect immediately and shall be deemed to
5 have been in full force and effect on and after April 1, 2006.
6 PART M
7 Section 1. Subdivision 3 of section 97-bb of the state finance law, as
8 added by chapter 309 of the laws of 1996, is amended to read as follows:
9 3. Monies of the criminal justice improvement account, following
10 appropriation by the legislature and allocation by the director of the
11 budget shall be made available for local assistance [services] programs
12 to support law enforcement efforts to control and reduce crime and
13 expenses of programs to provide services to crime victims and witnesses,
14 and for payments to victims in accordance with the federal crime control
15 act of 1984, as administered pursuant to article twenty-two of the exec-
16 utive law.
17 § 2. This act shall take effect immediately and shall be deemed to
18 have been in full force and effect on and after April 1, 2006.
19 PART N
20 Section 1. Section 401 of the vehicle and traffic law is amended by
21 adding a new subdivision 5-b to read as follows:
22 5-b. Denial of registration or renewal for certain violations. If at
23 the time of application for a registration or renewal thereof there is a
24 notification from or on behalf of the division of criminal justice
25 services, and any agency, division or authority so designated by such
26 division, that the registrant or his representative failed to answer or
27 failed to pay any penalty imposed by such division, agency or authority
28 following the entry of a final decision of liability in response to a
29 total of three or more notices of liability, issued within an eighteen
30 month period, charging the registrant was liable in accordance with
31 section eleven hundred eighty-one-a of this chapter for a violation of
32 paragraph two of subdivision (d) or subdivision (f) of section eleven
33 hundred eighty of this chapter or with section eleven hundred eighty-
34 one-b of this chapter for a violation of subdivision (a) or subdivision
35 (b) or paragraph one of subdivision (d) of section eleven hundred eighty
36 of this chapter, the commissioner, or his agent shall deny the registra-
37 tion or renewal application until the applicant provides proof from the
38 division that the registrant has appeared in response to such notices of
39 liability or has paid such penalty. Where an application is denied
40 pursuant to this section, the commissioner may, in his discretion, deny
41 a registration or renewal application to any other person for the same
42 vehicle and may deny a registration or renewal application for any other
43 motor vehicle registered in the name of the applicant where the commis-
44 sioner has determined that such registrant's intent has been to evade
45 the purposes of this subdivision and where the commissioner has reason-
46 able grounds to believe that such registration or renewal will have the
47 effect of defeating the purposes of this subdivision. Such denial shall
48 only remain in effect as long as the notices of liability remain unan-
49 swered or the penalties unpaid.
50 § 2. Section 510 of the vehicle and traffic law is amended by adding a
51 new subdivision 4-f to read as follows:
S. 6456 130 A. 9556
1 4-f. Suspension of registration for failure to answer or pay penalties
2 with respect to certain violations. Upon the receipt of a notification
3 by or on behalf of the division of criminal justice services, and any
4 agency, division or authority so designated by such division, that an
5 owner of a motor vehicle has, for a period of thirty days, failed to
6 answer or failed to pay any penalty imposed following the entry of a
7 final decision of liability by such division, agency or authority in
8 response to ten or more notices of liability charging such owner with a
9 violation of paragraph two of subdivision (d) or subdivision (f) of
10 section eleven hundred eighty of this chapter in accordance with the
11 provisions of section eleven hundred eighty-one-a of this chapter, or
12 with a violation of subdivision (a) or subdivision (b) or paragraph one
13 of subdivision (d) of section eleven hundred eighty of this chapter in
14 accordance with the provisions of section eleven hundred eighty-one-b of
15 this chapter, the commissioner, or his agent shall suspend the registra-
16 tion of the vehicle or vehicles involved in the violation or the privi-
17 lege of operation of any motor vehicle owned by the registrant. Such
18 suspension shall take effect no less than thirty days from the date on
19 which notice thereof is sent by the commissioner, to the person whose
20 registration or privilege is suspended and shall remain in effect until
21 such registrant has appeared in response to such notices of liability or
22 has paid such penalty.
23 § 3. The vehicle and traffic law is amended by adding a new section
24 1181-a to read as follows:
25 § 1181-a. Owner liability for operation in excess of certain work zone
26 speed limits. 1. Notwithstanding any other provision of law, in accord-
27 ance with this section and rules and regulations promulgated by the
28 division of criminal justice services, and any agency, division or
29 authority so designated by such division, is hereby authorized and
30 empowered to establish a photo-monitoring program and to impose monetary
31 liability on the owner of a vehicle which is operated in excess of a
32 maximum speed limit in violation of paragraph two of subdivision (d) or
33 subdivision (f) of section eleven hundred eighty of this article for
34 failing to obey work zone speed limits. The commissioner shall determine
35 the location of the work zones in which the photo-monitoring program
36 shall be established in consultation with the superintendent of the
37 division of state police and the commissioner of the department of
38 transportation. No more than twenty work zones shall have fully operat-
39 ing photo-monitoring systems in place at any given time. Signs alerting
40 motorists to the presence of photo-monitoring devices shall be placed
41 approximately three hundred yards in advance of the entrance to the work
42 zone.
43 2. The owner of a vehicle shall be liable for a civil penalty imposed
44 pursuant to this section if such vehicle was used or operated by the
45 owner or was used or operated with the permission of the owner, express
46 or implied, and operated in excess of a maximum speed limit in violation
47 of paragraph two of subdivision (d) or subdivision (f) of section eleven
48 hundred eighty of this article and such violation is evidenced by infor-
49 mation obtained from a photo-monitoring system, provided, however, that
50 no owner of a vehicle shall be liable for a penalty imposed pursuant to
51 this section where the operator of such vehicle has been convicted of a
52 violation of section eleven hundred eighty of this article for the same
53 incident.
54 3. For purposes of this section, the term "owner" shall mean any
55 person, corporation, partnership, firm, agency, association, lessor or
56 organization who, at the time of the violation and with respect to the
S. 6456 131 A. 9556
1 vehicle identified in the notice of liability: (a) is the beneficial or
2 equitable owner of such vehicle; or (b) has title to such vehicle; or
3 (c) is the registrant or co-registrant of such vehicle which is regis-
4 tered with the department of motor vehicles of this state or any other
5 state, territory, district, province, nation or other jurisdiction; or
6 (d) subject to the limitations set forth in subdivision ten of this
7 section, uses such vehicle in its vehicle renting and/or leasing busi-
8 ness; and includes (e) a person entitled to the use and possession of a
9 vehicle subject to a security interest in another person. For purposes
10 of this section, the term "photo-monitoring system" shall mean a vehicle
11 speed sensor which automatically produces one or more photographs, one
12 or more microphotographs, a videotape or other recorded images of each
13 vehicle at the time it is used or operated in violation of paragraph two
14 of subdivision (d) or subdivision (f) of section eleven hundred eighty
15 of this article. For purposes of this section, the term "vehicle" shall
16 mean every device in, upon or by which a person or property is or may be
17 transported or drawn upon a highway.
18 4. A certificate, sworn to or affirmed by an agent of the division,
19 agency or authority which charged that the violation occurred, or a
20 facsimile thereof, based upon inspection of photographs, microphoto-
21 graphs, videotape or other recorded images produced by a photo-monitor-
22 ing system shall be prima facie evidence of the facts contained therein
23 and shall be admissible into evidence in any review of the liability for
24 such violation.
25 5. An owner found liable for a violation of paragraph two of subdivi-
26 sion (d) or subdivision (f) of section eleven hundred eighty of this
27 article pursuant to this section shall be liable for a monetary penalty
28 of one hundred dollars.
29 6. An imposition of liability pursuant to this section shall be based
30 upon a preponderance of evidence as submitted. An imposition of liabil-
31 ity pursuant to this section shall not be deemed a conviction as an
32 operator and shall not be made part of the motor vehicle operating
33 record, furnished pursuant to section three hundred fifty-four of this
34 chapter, of the person upon whom such liability is imposed nor shall it
35 be used for insurance purposes in the provision of motor vehicle insur-
36 ance coverage.
37 7. (a) A notice of liability shall be sent by first class mail to each
38 person alleged to be liable as an owner for a violation of paragraph two
39 of subdivision (d) or subdivision (f) of section eleven hundred eighty
40 of this article. Such notice shall be mailed no later than forty-five
41 days after the alleged violation. Personal delivery on the owner shall
42 not be required. A manual or automatic record of mailing prepared in the
43 ordinary course of business shall be prima facie evidence of the mailing
44 of the notice.
45 (b) A notice of liability shall contain the name and address of the
46 person alleged to be liable as an owner for a violation of paragraph two
47 of subdivision (d) or subdivision (f) of section eleven hundred eighty
48 of this article, the registration number of the vehicle involved in such
49 violation, the location where such violation took place, the date and
50 time of such violation, the identification number of the photo-monitor-
51 ing system which recorded the violation or other document locator
52 number.
53 (c) The notice of liability shall also contain information advising
54 the person charged of the manner and time in which such person may
55 request a copy of the photographs, microphotographs, videotape or other
56 recorded images produced by a photo-monitoring system and the certif-
S. 6456 132 A. 9556
1 icate which charged that the violation occurred. Such request shall be
2 submitted within forty-five days of mailing of the notice of liability.
3 (d) The notice of liability shall contain information advising the
4 person charged of the manner and the time in which such person may chal-
5 lenge the liability alleged in the notice. Such notice of liability
6 shall also contain a warning to advise the person charged that failure
7 to answer or challenge in the manner and time provided shall be deemed
8 an admission of liability and that a default judgment may be entered as
9 a final decision of liability thereon.
10 (e) Failure to answer a notice of liability within forty-five days of
11 mailing of the notice shall result in the entry of a default judgment
12 and the immediate conversion of the notice of liability into a final
13 decision of liability against the owner.
14 8. Adjudication of a challenge to the liability imposed upon owners by
15 this section shall be conducted by a liability review board in a manner
16 determined by the commissioner of the division of criminal justice
17 services. Such liability review board members will be appointed by the
18 commissioner of the division of criminal justice services and will be
19 comprised of no less than three individuals who shall be employees of
20 the division of criminal justice services. The liability review board
21 will accept written challenges to liability submitted by owners within
22 forty-five days of mailing of the notice of liability or within forty-
23 five days of mailing of the photographs, microphotographs, videotape or
24 other recorded images and the certificate, whichever is later. The
25 liability review board will inspect the photographs, microphotographs,
26 videotape or other recorded images produced by a photo-monitoring system
27 and the certificate, or any other written information it deems relevant,
28 review the owner's written challenge to liability and the accuracy of
29 the information alleged in the notice of liability, and issue a final
30 decision of liability within thirty days of receipt of the challenge.
31 9. If an owner receives a notice of liability pursuant to this section
32 for any time period during which the vehicle was reported to the police
33 department as having been stolen, it shall be a valid defense to an
34 allegation of liability for a violation of paragraph two of subdivision
35 (d) or subdivision (f) of section eleven hundred eighty of this article
36 that the vehicle had been reported to the police as stolen prior to the
37 time the violation occurred and had not been recovered by such time. For
38 purposes of asserting the defense provided by this subdivision it shall
39 be sufficient that a certified copy of the police report on the stolen
40 vehicle be sent by first class mail to the division having jurisdiction.
41 10. An owner who is a lessor of a vehicle to which a notice of liabil-
42 ity was issued pursuant to subdivision seven of this section shall not
43 be liable for the violation of paragraph two of subdivision (d) or
44 subdivision (f) of section eleven hundred eighty of this article
45 provided that he or she sends to the division serving the notice of
46 liability a copy of the rental, lease or other such contract document
47 covering such vehicle on the date of the violation, with the name and
48 address of the lessee clearly legible, within thirty days after receiv-
49 ing the original notice of liability. Failure to send such information
50 within such thirty day time period shall render the lessor liable for
51 the penalty prescribed by this section. Where the lessor complies with
52 the provisions of this subdivision, the lessee of such vehicle on the
53 date of such violation shall be deemed to be the owner of such vehicle
54 for purposes of this section and shall be subject to liability for the
55 violation of paragraph two of subdivision (d) or subdivision (f) of
56 section eleven hundred eighty of this article, provided that the divi-
S. 6456 133 A. 9556
1 sion mails a notice of liability to the lessee within thirty days after
2 receiving such notice from the lessor. For purposes of this subdivision
3 the term "lessor" shall mean any person, corporation, firm, partnership,
4 agency, association or organization engaged in the business of renting
5 or leasing vehicles to any lessee under a rental agreement, lease or
6 otherwise wherein the said lessee has the exclusive use of said vehicle
7 for any period of time. For purposes of this subdivision, the term
8 "lessee" shall mean any person, corporation, firm, partnership, agency,
9 association or organization that rents, leases or contracts for the use
10 of one or more vehicles and has exclusive use thereof for any period of
11 time.
12 11. Except as provided in subdivision ten of this section, if a person
13 receives a notice of liability pursuant to this section it shall be a
14 valid defense to an allegation of liability for a violation of paragraph
15 two of subdivision (d) or subdivision (f) of section eleven hundred
16 eighty of this article that the individual who received the notice of
17 liability pursuant to this section was not the owner of the vehicle at
18 the time the violation occurred. If the owner liable for a violation of
19 paragraph two of subdivision (d) or subdivision (f) of section eleven
20 hundred eighty of this article pursuant to this section was not the
21 operator of the vehicle at the time of the violation, the owner may
22 maintain an action for indemnification against the operator.
23 12. Nothing in this section shall be construed to limit the liability
24 of an operator of a vehicle for any violation of any provision of law.
25 13. Notwithstanding any other provision of law, all photographs,
26 microphotographs, videotape or other recorded images prepared pursuant
27 to this section shall be for the use of an authority or a state agency
28 in the discharge of its duties and shall not be made available to the
29 public except as expressly provided for in this section.
30 § 4. The vehicle and traffic law is amended by adding a new section
31 1181-b to read as follows:
32 § 1181-b. Owner liability for operation in excess of certain posted
33 speed limits. 1. Notwithstanding any other provision of law, in accord-
34 ance with this section and rules and regulations promulgated by the
35 division of criminal justice services, and any agency, division or
36 authority so designated by such division, is hereby authorized and
37 empowered to establish a photo-monitoring program and to impose monetary
38 liability on the owner of a vehicle which is operated in excess of a
39 maximum speed limit in violation of subdivision (a) or subdivision (b)
40 or paragraph one of subdivision (d) of section eleven hundred eighty of
41 this article for failing to obey posted speed limits. The commissioner
42 shall determine the location of the photo-monitoring program in consul-
43 tation with the superintendent of the division of state police. No more
44 than ten fully operating photo-monitoring systems shall be in place at
45 any given time. Signs alerting motorists to the presence of photo-moni-
46 toring devices shall be placed approximately three hundred yards in
47 advance of the location of such device.
48 2. The owner of a vehicle shall be liable for a civil penalty imposed
49 pursuant to this section if such vehicle was used or operated by the
50 owner or was used or operated with the permission of the owner, express
51 or implied, and operated in excess of a maximum speed limit in violation
52 of subdivision (a) or subdivision (b) or paragraph one of subdivision
53 (d) of section eleven hundred eighty of this article and such violation
54 is evidenced by information obtained from a photo-monitoring system,
55 provided, however, that no owner of a vehicle shall be liable for a
56 penalty imposed pursuant to this section where the operator of such
S. 6456 134 A. 9556
1 vehicle has been convicted of a violation of section eleven hundred
2 eighty of this article for the same incident.
3 3. For purposes of this section, the term "owner" shall mean any
4 person, corporation, partnership, firm, agency, association, lessor or
5 organization who, at the time of the violation and with respect to the
6 vehicle identified in the notice of liability: (a) is the beneficial or
7 equitable owner of such vehicle; or (b) has title to such vehicle; or
8 (c) is the registrant or co-registrant of such vehicle which is regis-
9 tered with the department of motor vehicles of this state or any other
10 state, territory, district, province, nation or other jurisdiction; or
11 (d) subject to the limitations set forth in subdivision ten of this
12 section, uses such vehicle in its vehicle renting and/or leasing busi-
13 ness; and includes (e) a person entitled to the use and possession of a
14 vehicle subject to a security interest in another person. For purposes
15 of this section, the term "photo-monitoring system" shall mean a vehicle
16 speed sensor which automatically produces one or more photographs, one
17 or more microphotographs, a videotape or other recorded images of each
18 vehicle at the time it is used or operated in violation of subdivision
19 (a) or subdivision (b) or paragraph one of subdivision (d) of section
20 eleven hundred eighty of this article. For purposes of this section, the
21 term "vehicle" shall mean every device in, upon or by which a person or
22 property is or may be transported or drawn upon a highway.
23 4. A certificate, sworn to or affirmed by an agent of the division,
24 agency or authority which charged that the violation occurred, or a
25 facsimile thereof, based upon inspection of photographs, microphoto-
26 graphs, videotape or other recorded images produced by a photo-monitor-
27 ing system shall be prima facie evidence of the facts contained therein
28 and shall be admissible into evidence in any review of the liability for
29 such violation.
30 5. An owner found liable for a violation of subdivision (a) or subdi-
31 vision (b) or paragraph one of subdivision (d) of section eleven hundred
32 eighty of this article pursuant to this section shall be liable for a
33 monetary penalty of one hundred dollars.
34 6. An imposition of liability pursuant to this section shall be based
35 upon a preponderance of evidence as submitted. An imposition of liabil-
36 ity pursuant to this section shall not be deemed a conviction as an
37 operator and shall not be made part of the motor vehicle operating
38 record, furnished pursuant to section three hundred fifty-four of this
39 chapter, of the person upon whom such liability is imposed nor shall it
40 be used for insurance purposes in the provision of motor vehicle insur-
41 ance coverage.
42 7. (a) A notice of liability shall be sent by first class mail to each
43 person alleged to be liable as an owner for a violation of subdivision
44 (a) or subdivision (b) or paragraph one of subdivision (d) of section
45 eleven hundred eighty of this article. Such notice shall be mailed no
46 later than forty-five days after the alleged violation. Personal deliv-
47 ery on the owner shall not be required. A manual or automatic record of
48 mailing prepared in the ordinary course of business shall be prima facie
49 evidence of the mailing of the notice.
50 (b) The notice of liability shall contain the name and address of the
51 person alleged to be liable as an owner for a violation of subdivision
52 (a) or subdivision (b) or paragraph one of subdivision (d) of section
53 eleven hundred eighty of this article, the registration number of the
54 vehicle involved in such violation, the location where such violation
55 took place, the date and time of such violation and the identification
S. 6456 135 A. 9556
1 number of the photo-monitoring system which recorded the violation or
2 other document locator number.
3 (c) The notice of liability shall contain information advising the
4 person charged of the manner and time in which such person may request a
5 copy of the photographs, microphotographs, videotape or other recorded
6 images produced by a photo-monitoring system and the certificate which
7 charged that the violation occurred. Such request shall be submitted
8 within forty-five days of mailing of the notice of liability.
9 (d) The notice of liability shall contain information advising the
10 person charged of the manner and the time in which such person may chal-
11 lenge the liability alleged in the notice. Such notice of liability
12 shall also contain a warning to advise the person charged that failure
13 to answer or challenge in the manner and time provided shall be deemed
14 an admission of liability and that a default judgment may be entered as
15 a final decision of liability thereon.
16 (e) Failure to answer a notice of liability within forty-five days of
17 mailing of the notice shall result in the entry of a default judgment
18 and the immediate conversion of the notice of liability into a final
19 decision of liability against the owner.
20 8. Adjudication of a challenge to the liability imposed upon owners by
21 this section shall be conducted by a liability review board in a manner
22 determined by the commissioner of the division of criminal justice
23 services. Such liability review board members will be appointed by the
24 commissioner of the division of criminal justice services and will be
25 comprised of no less than three individuals who shall be employees of
26 the division of criminal justice services. The liability review board
27 will accept written challenges to liability submitted by owners within
28 forty-five days of mailing of the notice of liability or within forty-
29 five days of mailing of the photographs, microphotographs, videotape or
30 other recorded images and the certificate, whichever is later. The
31 liability review board will inspect the photographs, microphotographs,
32 videotape or other recorded images produced by a photo-monitoring system
33 and the certificate, or any other information it deems relevant, review
34 the owner's written challenge to liability, review the accuracy of the
35 information alleged in the notice of liability and issue a final deci-
36 sion of liability within thirty days of receipt of the challenge.
37 9. If an owner receives a notice of liability pursuant to this section
38 for any time period during which the vehicle was reported to the police
39 department as having been stolen, it shall be a valid defense to an
40 allegation of liability for a violation of subdivision (a) or subdivi-
41 sion (b) or paragraph one of subdivision (d) of section eleven hundred
42 eighty of this article that the vehicle had been reported to the police
43 as stolen prior to the time the violation occurred and had not been
44 recovered by such time. For purposes of asserting the defense provided
45 by this subdivision it shall be sufficient that a certified copy of the
46 police report on the stolen vehicle be sent by first class mail to the
47 division having jurisdiction.
48 10. An owner who is a lessor of a vehicle to which a notice of liabil-
49 ity was issued pursuant to subdivision seven of this section shall not
50 be liable for the violation of subdivision (a) or subdivision (b) or
51 paragraph one of subdivision (d) of section eleven hundred eighty of
52 this article provided that he or she sends to the division serving the
53 notice of liability a copy of the rental, lease or other such contract
54 document covering such vehicle on the date of the violation, with the
55 name and address of the lessee clearly legible, within thirty days after
56 receiving the original notice of liability. Failure to send such infor-
S. 6456 136 A. 9556
1 mation within such thirty day time period shall render the lessor liable
2 for the penalty prescribed by this section. Where the lessor complies
3 with the provisions of this subdivision, the lessee of such vehicle on
4 the date of such violation shall be deemed to be the owner of such vehi-
5 cle for purposes of this section and shall be subject to liability for
6 the violation of subdivision (a) or subdivision (b) or paragraph one of
7 subdivision (d) of section eleven hundred eighty of this article,
8 provided that the division mails a notice of liability to the lessee
9 within thirty days after receiving such notice from the lessor. For
10 purposes of this subdivision the term "lessor" shall mean any person,
11 corporation, firm, partnership, agency, association or organization
12 engaged in the business of renting or leasing vehicles to any lessee
13 under a rental agreement, lease or otherwise wherein the said lessee has
14 the exclusive use of said vehicle for any period of time. For purposes
15 of this subdivision, the term "lessee" shall mean any person, corpo-
16 ration, firm, partnership, agency, association or organization that
17 rents, leases or contracts for the use of one or more vehicles and has
18 exclusive use thereof for any period of time.
19 11. Except as provided in subdivision ten of this section, if a person
20 receives a notice of liability pursuant to this section it shall be a
21 valid defense to an allegation of liability for a violation of subdivi-
22 sion (a) or subdivision (b) or paragraph one of subdivision (d) of
23 section eleven hundred eighty of this article that the individual who
24 received the notice of liability pursuant to this section was not the
25 owner of the vehicle at the time the violation occurred. If the owner
26 liable for a violation of subdivision (a) or subdivision (b) or para-
27 graph one of subdivision (d) of section eleven hundred eighty of this
28 article pursuant to this section was not the operator of the vehicle at
29 the time of the violation, the owner may maintain an action for indemni-
30 fication against the operator.
31 12. Nothing in this section shall be construed to limit the liability
32 of an operator of a vehicle for any violation of any provision of law.
33 13. Notwithstanding any other provision of law, all photographs,
34 microphotographs, videotape or other recorded images prepared pursuant
35 to this section shall be for the use of an authority or a state agency
36 in the discharge of its duties and shall not be made available to the
37 public except as expressly provided for in this section.
38 14. The division of criminal justice services shall submit a report
39 regarding the results of the use of such photo-monitoring systems to the
40 governor, the temporary president of the senate and the speaker of the
41 assembly by July first, two thousand eight. Such report shall include,
42 but not be limited to:
43 (a) a description of the locations where the photo-monitoring systems
44 were used;
45 (b) the number of violations recorded at each location and in the
46 aggregate on a daily, weekly, and monthly basis;
47 (c) the total number of notices of liability issued;
48 (d) the number of fines and total amount of fines paid after first
49 notice of liability;
50 (e) the number of violations reviewed by the liability review board
51 and the results of such reviews including breakdowns of dispositions
52 made;
53 (f) the total amount of revenue realized through this program;
54 (g) the number of vehicle registrations suspended or not renewed
55 pursuant to sections four hundred one and five hundred ten of this chap-
56 ter;
S. 6456 137 A. 9556
1 (h) the volume of operators in violation of the speed limits posted in
2 the applicable zones prior to the operation of the photo-monitoring
3 systems in those zones and subsequent to the operation of the photo-mon-
4 itoring systems in those zones, as well as a comparison and analysis of
5 that volume.
6 § 5. This act shall take effect immediately.
7 PART O
8 Section 1. The correction law is amended by adding a new section 79-c
9 to read as follows:
10 § 79-c. In the event that the governor proposes a reuse of a correc-
11 tional facility as part of the budget submitted annually to the legisla-
12 ture, the requirements set forth in sections seventy-nine-a and seven-
13 ty-nine-b of this article shall be deemed fully satisfied upon enactment
14 of the appropriations and legislation relating to closure and reuse.
15 § 2. This act shall take effect immediately and shall be deemed to
16 have been in full force and effect on and after April 1, 2006.
17 PART P
18 Section 1. Section 14 of part J of chapter 62 of the laws of 2003,
19 amending the county law and other laws relating to assigned counsel, is
20 amended to read as follows:
21 § 14. Notwithstanding the provisions of any other law: (a) the fee
22 collected by the office of court administration for the provision of
23 criminal history searches and other searches for data kept electron-
24 ically by the unified court system shall be [fifty-two] sixty dollars;
25 (b) twenty-seven dollars of each such fee collected shall be deposited
26 in the indigent legal services fund established by section 98-b of the
27 state finance law, as added by section twelve of this act, and (c)
28 [nine] twelve dollars of each such fee collected shall be deposited in
29 the legal services assistance fund established by section 98-c of the
30 state finance law, as added by section nineteen of this act; five
31 dollars of each such fee collected shall be deposited in the criminal
32 justice improvement account established by section 97-bb of the state
33 finance law, and the remainder shall be deposited in the general fund
34 and subject to transfer in accordance with section 94-b of the state
35 finance law as amended by section fifteen of this act.
36 § 2. This act shall take effect on the sixtieth day after it shall
37 have become a law.
38 PART Q
39 Section 1. Section 7 of part Q of chapter 62 of the laws of 2003,
40 amending the insurance law and other laws relating to motor vehicle law
41 enforcement fees, as amended by section 1 of part C of chapter 56 of the
42 laws of 2005, is amended to read as follows:
43 § 7. This act shall take effect immediately, provided that sections
44 one, two and three of this act shall take effect June 1, 2003; and
45 provided further that the amendments made to subsection (b) of section
46 9110 of the insurance law made by section one of this act shall expire
47 and be deemed repealed on July 1, [2006] 2011 and the provisions of such
48 subsection shall be read as such provisions existed on the date imme-
49 diately preceding the effective date of this act; and provided further
50 that the amendments made to subsection (e) of section 9110 of the insur-
S. 6456 138 A. 9556
1 ance law made by section two of this act and the amendments made to
2 subdivision 3 of section 97-mm of the state finance law made by section
3 three of this act shall expire and be deemed repealed on March 31, 2004
4 and the provisions of such subsection and such subdivision shall be read
5 as such provisions existed on the date immediately preceding the effec-
6 tive date of this act.
7 § 2. Section 3 of part A of chapter 56 of the laws of 2004, amending
8 the insurance law and the state finance law relating to motor vehicle
9 law enforcement fees, as amended by section 2 of part C of chapter 56 of
10 the laws of 2005, is amended to read as follows:
11 § 3. This act shall take effect immediately and shall be deemed to
12 have been in full force and effect on and after April 1, 2004; provided,
13 however, that the amendments made to subsections (e) and (f) of section
14 9110 of the insurance law made by section one of this act shall expire
15 and be deemed repealed on [March 31, 2006] July 1, 2011, and provided
16 further that the amendments made to subdivisions 2 and 3 of section
17 97-mm of the state finance law made by section two of this act shall
18 expire and be deemed repealed on [March 31, 2006] July 1, 2011.
19 § 3. Subdivision (bbb) of section 427 of chapter 55 of the laws of
20 1992, amending the tax law generally and enacting the omnibus revenue
21 act of 1992, as amended by section 5 of part Q of chapter 62 of the laws
22 of 2003, is amended to read as follows:
23 (bbb) the provisions of subdivision (f) of section 9110 of the insur-
24 ance law as added by section three hundred eighty-six of this act and
25 section 89-d of the state finance law as added by section three hundred
26 eighty-eight of this act shall expire on July 1, [2006] 2011.
27 § 4. Section 9 of part T of chapter 57 of the laws of 2000, amending
28 the state finance law relating to a report on automobile theft
29 prevention activities of the state police, as amended by section 6 of
30 part Q of chapter 62 of the laws of 2003, is amended to read as follows:
31 § 9. This act shall take effect immediately provided, however, that
32 the amendments to sections 846-j, 846-k, 846-l and 846-m of the execu-
33 tive law made by this act shall not affect the expiration of such
34 sections and shall be deemed to expire therewith; provided, further,
35 however, that the provisions of subdivision 4 of section 97-mm of the
36 state finance law, as added by section eight of this act, shall expire
37 and be deemed repealed on July 1, [2006] 2011.
38 § 5. Paragraphs (b) and (d) of subdivision 2 and subdivision 3 of
39 section 846-m of the executive law, as amended by section 4 of part Q of
40 chapter 62 of the laws of 2003, are amended to read as follows:
41 (b) Activities eligible for funding include, but are not limited to,
42 the following: prosecution and adjudication services; law enforcement
43 services; neighborhood or community based programs designed to reduce
44 the incidence of motor vehicle theft and motor vehicle insurance fraud;
45 educational programs designed to inform owners of motor vehicles
46 concerning activities designed to prevent the incidence of theft of
47 motor vehicles and fraudulent claims practices; and programs designed to
48 examine, evaluate and make recommendations relating to the efficacy of
49 motor vehicle theft prevention devices or methods including, but not
50 limited to, passive tracking devices designed to identify the location
51 of a motor vehicle at any given point in time and window glass etching
52 with vehicle identification numbers or any other unique identifying
53 symbol including decal programs such as New York city's operation combat
54 auto theft (C.A.T.) funds provided under this program shall be used to
55 augment, and not to supplant, the provider agency's current funding, if
56 any, for motor vehicle theft and insurance fraud detection, prevention,
S. 6456 139 A. 9556
1 or reduction activities, and shall only be used to fund pilot programs
2 of a specified duration not to extend beyond July first, two thousand
3 [six] eleven.
4 (d) The state comptroller shall conduct an audit of all moneys
5 received and expended by the fund as well as all other funds expended
6 from any other source for the purposes of this program, and shall submit
7 a written report detailing such audit to the governor and legislature on
8 or before [March] July first, two thousand [six] eleven.
9 3. This article shall expire on July first, two thousand [six] eleven.
10 § 6. This act shall take effect immediately and shall be deemed to
11 have been in full force and effect on and after April 1, 2006.
12 PART R
13 Section 1. The article heading of article 420 of the criminal proce-
14 dure law, as amended by chapter 290 of the laws of 1980, is amended to
15 read as follows:
16 [FINES, RESTITUTION AND REPARATION] FINANCIAL OBLIGATIONS
17 § 2. Section 420.05 of the criminal procedure law, as amended by chap-
18 ter 457 of the laws of 2005, is amended to read as follows:
19 § 420.05 Payment of [fines, mandatory surcharges and fees] financial
20 obligations by credit card.
21 When the court imposes a fine, mandatory surcharge [or], fee, supple-
22 mental sex offender victim fee, DNA databank fee, sex offender registra-
23 tion fee, or restitution or reparation, including a designated surcharge
24 upon [an individual] a person who stands convicted of any offense or
25 such person is otherwise required to pay any other probation fee in
26 accordance with the provisions of section two hundred fifty-seven-c of
27 the executive law, section 60.35 of the penal law, or any other law,
28 such [individual] person may pay any such [fine, mandatory surcharge or
29 fee] financial obligations by credit card or similar device. In such
30 event, notwithstanding any other provision of law, [he or she] such
31 person also may be required to pay a reasonable administrative fee. The
32 amount of such administrative fee and the time and manner of its payment
33 shall be in accordance with the system established by the chief adminis-
34 trator of the courts pursuant to paragraph (j) of subdivision two of
35 section two hundred twelve of the judiciary law.
36 § 3. The section heading and subdivisions 1, 2, 3 and 6 of section
37 257-c of the executive law, as added by chapter 55 of the laws of 1992,
38 are amended to read as follows:
39 Probation [administrative fee] fees. 1. (a) Notwithstanding any other
40 provision of law, every county and the city of New York, may adopt a
41 local law requiring individuals, convicted of a crime and currently
42 serving or who shall be sentenced to a period of probation [upon
43 conviction of any crime under article thirty-one of the vehicle and
44 traffic law] or placed under interim probation supervision to pay to the
45 supervising local probation department [with the responsibility of
46 supervising the probationer an administrative] a probation fee of up to
47 thirty dollars per month. [The department shall waive all or part of
48 such fee where, because of the indigence of the offender, the payment of
49 said surcharge would work an unreasonable hardship on the person
50 convicted, his or her immediate family, or any other person who is
51 dependent on such person for financial support.]
52 (b) Notwithstanding any other provision of law, every county, includ-
53 ing the city of New York, may adopt a local law authorizing its
54 probation department to impose an electronic monitoring and drug testing
S. 6456 140 A. 9556
1 fee upon an individual subject to electronic monitoring or drug testing
2 as a condition of probation or interim probation supervision. The elec-
3 tronic monitoring fee shall not exceed eight dollars per day. The drug
4 testing fee shall not exceed eight dollars per day for each test or
5 panel of tests administered. Fees for electronic monitoring or drug
6 testing shall not annually exceed nine hundred dollars or eighteen
7 hundred dollars in total.
8 (c) The probation department shall waive all or part of any such fee
9 or fees imposed authorized by this section where, because of the indi-
10 gence of the offender, the payment of such fee or fees would work an
11 unreasonable hardship on the person under supervision, his or her imme-
12 diate family, or any other person who is dependent on such person for
13 financial support. Such determination shall be made by the probation
14 department in accordance with standards issued by the state director of
15 probation and correctional alternatives, in consultation with the chief
16 administrator of the courts.
17 2. The provisions of section 420.05 and subdivision six of section
18 420.10 of the criminal procedure law shall govern for purposes of
19 collection of [the administrative fee] any probation fee, drug testing
20 fee, or electronic monitoring fee, except a court order shall not be
21 required and another official or agency may be designated to file a
22 certified copy of any fee determination and collect such fee or fees.
23 The supervising probation department shall issue a written fee determi-
24 nation containing the amount or amounts required to be paid by the
25 probationer or individual under interim probation supervision. The fee
26 determination may direct an official or agency to file a certified copy
27 of the fee determination with the appropriate county clerk. Any fee
28 determination shall be deemed comparable to a court order for purposes
29 of such subdivision.
30 3. The probation [administrative] fee, drug testing fee, and electron-
31 ic monitoring fee authorized by this section shall not constitute nor be
32 imposed as a condition of probation or interim probation supervision.
33 However, nothing contained in this section affects or limits the
34 provisions of section two hundred fifty-nine-m or section two hundred
35 fifty-nine-mm of this chapter, relating to out-of-state probation super-
36 vision and the supervising probation department imposing any such fee or
37 fees upon any person whose probation supervision is transferred to this
38 state. Prior to a transfer of probation supervision to another state or
39 jurisdiction within the state, the supervising probation department
40 shall eliminate any fees imposed pursuant to this section; however noth-
41 ing herein precludes the probation department from collecting outstand-
42 ing monies owed as to any such fees prior to transfer.
43 6. The director of the division shall submit a report, with recommen-
44 dations, to the governor, temporary president of the senate, speaker of
45 the assembly, to the chairpersons of the senate crime victims, crime and
46 correction committee, and assembly correction committee, senate codes
47 committee and assembly codes committee on or before January first,
48 [nineteen hundred ninety-three and January first, nineteen hundred nine-
49 ty-four] two thousand eight as to the effectiveness of the probation
50 [administrative fee] fees in enhancing the delivery of probation
51 services throughout the state. The report shall include, but not be
52 limited to, amounts and range of fees imposed and collected, rates of
53 payment for different categories of convictions and types of offenders,
54 waivers granted and remedies utilized and costs incurred for collection
55 in cases of non-payment.
S. 6456 141 A. 9556
1 § 4. Section 99-m of the general municipal law, as amended by chapter
2 166 of the laws of 1991 and subdivision 2 as amended by chapter 465 of
3 the laws of 1998, is amended to read as follows:
4 § 99-m. Cash bail and partially secured bail bond; fee for deposit of
5 money. 1. When, pursuant to the provisions of title P of the criminal
6 procedure law or the provisions of the family court act, a sum of money
7 deposited in connection with a cash bail or a partially secured bail
8 bond is received by a court or other authorized public servant or agen-
9 cy, such money shall be deposited in the same manner as may be by law
10 provided for the deposit of money generally received by such court,
11 public servant or agency. Except as otherwise provided herein, the coun-
12 ty treasurer, or, in the city of New York, the commissioner of finance,
13 shall be entitled to a fee of two per centum of the amount of money so
14 deposited and an additional fee of [one] two per centum as provided in
15 subdivision three of this section. Where the money received by a state-
16 paid court hereunder is not deposited with any other officer or agency
17 but is retained by the court, the clerk of such court shall be entitled
18 to a fee of two per centum of the amount of money so retained, and an
19 additional fee of [one] two per centum to be disbursed as provided in
20 subdivision three of this section. All fees collected hereunder by the
21 clerk of a state-paid court shall be paid to the state commissioner of
22 taxation and finance on a monthly basis not later than ten days after
23 the last day of each month. Except as otherwise provided by an order
24 issued pursuant to section 420.10 of the criminal procedure law, upon
25 the exoneration or remission of the bail, the money so deposited, less
26 such fee, shall, by order of the appropriate court, be refunded to the
27 person who originally deposited such money. Upon a termination of the
28 criminal action or proceeding in favor of the accused, as defined in
29 subdivision two of section 160.50 of the criminal procedure law, the two
30 per centum fee so retained shall, by order of the appropriate court, be
31 refunded to the person who originally deposited such money.
32 2. A town or village court shall be entitled to a fee of two per
33 centum of the amount of bail money deposited with the court in
34 connection with a criminal action or proceeding over which the court
35 retains jurisdiction, other than an action or proceeding in which the
36 accusatory instrument charges one or more traffic infractions only, and
37 an additional fee of [one] two per centum as provided herein. The total
38 fees on a sum of bail shall not, however, exceed [three] four per centum
39 and a town or village court shall not be entitled to collect such fees
40 on bail transferred to a superior court. All fees on bail collected by a
41 town or village court shall be paid to the state comptroller by the
42 court on or before the tenth day of the month next succeeding their
43 collection, except as provided in subdivision three of section ninety-
44 nine-a of the state finance law. Two per centum of the bail moneys so
45 collected shall be the property of the town or village in which the
46 court reporting the same is located, and the additional [one] two per
47 centum of such bail moneys shall be disbursed as provided in subdivision
48 three of this section, and shall be used to fund the alternatives to
49 incarceration service plan approved pursuant to article thirteen-A of
50 the executive law for the county in which the town or village is
51 located.
52 3. The county treasurer, or, in the city of New York, the commissioner
53 of finance, shall be entitled to an additional fee of [one] two per
54 centum of the money deposited pursuant to the provisions of title P of
55 the criminal procedure law or the provisions of the family court act,
56 and shall deposit such money as an additional credit to the alternatives
S. 6456 142 A. 9556
1 to incarceration service plan approved pursuant to article thirteen-A of
2 the executive law for such city and each county outside of the city of
3 New York.
4 4. The additional [one] two per centum fee collected pursuant to the
5 provisions of this section shall not be used to decrease any money
6 approved to fund the alternatives to incarceration service plan approved
7 pursuant to article thirteen-A of the executive law. Upon a termination
8 of the criminal action or proceeding in favor of the accused, as
9 provided in subdivision two of section 160.50 of the criminal procedure
10 law, the [one] two per centum fee shall, by order of the appropriate
11 court, be refunded to the person who originally deposited such money.
12 § 5. Subdivision 10 of section 60.35 of the penal law is renumbered
13 subdivision 11 and a new subdivision 10 is added to read as follows:
14 10. Notwithstanding the provisions of subdivision one of this section,
15 where a person is under probation supervision and is subject to the DNA
16 databank fee and/or sex offender registration fee, the supervising
17 probation department is entitled to levy and collect from the individual
18 a twenty-five dollar probation fee or fifty dollar fee in total, where
19 applicable, for ensuring the individual's compliance with DNA databank
20 and/or sex offender registration and fee collection as required by the
21 executive law, correction law and this chapter and defraying their agen-
22 cy resources expended in any DNA databank and sex offender registration
23 fee collection activities pursuant to this section. The provisions of
24 subdivisions two, three, four, five and six of section two hundred
25 fifty-seven-c of the executive law are applicable and govern with
26 respect to any such fee.
27 § 6. Subdivision (aa) of section 427 of chapter 55 of the laws of
28 1992, amending the tax law and other laws relating to taxes, surcharges,
29 fees and funding, as amended by section 11 of part D of chapter 56 of
30 the laws of 2005, is amended to read as follows:
31 (aa) the provisions of sections three hundred eighty-two, three
32 hundred eighty-three and three hundred eighty-four of this act shall
33 expire on September 1, [2007] 2009;
34 § 7. This act shall take effect immediately provided, however, that
35 the amendments to section 420.05 of the criminal procedure law and
36 section 257-c of the executive law made by sections two and three of
37 this act shall not affect the expiration of such sections and shall be
38 deemed to expire therewith.
39 PART S
40 Section 1. Subdivision 2 of section 70.40 of the penal law is REPEALED
41 and subdivision 3 is renumbered subdivision 2.
42 § 2. This act shall take effect immediately.
43 PART T
44 Section 1. Subdivisions 10, 11 and 12 of section 301 of the county
45 law, subdivisions 10 and 12 as added by section 1, and subdivision 11 as
46 added and subdivision 12 as renumbered by section 2 of part DD of chap-
47 ter 85 of the laws of 2002, are amended and two new subdivisions 13 and
48 14 are added to read as follows:
49 10. "Wireless communications service" [means] shall mean all commer-
50 cial mobile services, as that term is defined in section 332(d) of title
51 47, United States Code, as amended from time to time, including, but not
52 limited to, all broadband personal communications services, wireless
S. 6456 143 A. 9556
1 radio telephone services, geographic area specialized and enhanced
2 specialized mobile radio services, and incumbent-wide area specialized
3 mobile radio licensees[, which offer real time, two-way voice or data
4 service that is interconnected with the public switched telephone
5 network or otherwise provides access to emergency communications
6 services].
7 11. "Place of primary use" shall mean [the street address represen-
8 tative of where a wireless communications customer's use of the wireless
9 telecommunications service primarily occurs, and must be: (i) the resi-
10 dential street address or the primary business street address of the
11 wireless communications customer and (ii) within the licensed service
12 area of the wireless communications service supplier], with respect to
13 the provision of wireless communications service, place of primary use
14 as defined in paragraph twenty-six of subdivision (b) of section eleven
15 hundred one of the tax law except that the provisions of subparagraph
16 (ii) of such paragraph twenty-six of such subdivision relating to
17 licensed service area shall not apply.
18 12. "Wireless communications service supplier" [means any commercial
19 entity that operates a wireless communications service] shall mean home
20 service provider as defined in subparagraph (ii) of paragraph twenty-
21 seven of subdivision (b) of section eleven hundred one of the tax law,
22 provided such home service provider provides wireless communications
23 service and has one or more wireless communications customers in New
24 York state.
25 13. "Wireless communications customer" shall mean either (a) a person
26 or entity that contracts with a wireless communications service supplier
27 for wireless communications service, or (b) if the end user of the wire-
28 less communications service is not the contracting party, the end user
29 of the wireless communications service.
30 14. "Prepaid wireless communications service" shall mean wireless
31 communications service which is paid for in advance by a wireless commu-
32 nications customer and which is not billed periodically by the wireless
33 communications service supplier to such customer.
34 § 2. Section 308-a of the county law, as added by section 1 of part F
35 of chapter 93 of the laws of 2002, is renumbered section 310 and amended
36 to read as follows:
37 § 310. Establishment of city wireless communications service
38 surcharges. 1. Notwithstanding [the provisions] any provision of [any]
39 law to the contrary, any city with a population of one million or more,
40 acting through its board, is hereby authorized and empowered to adopt,
41 amend or repeal local laws to impose a surcharge [in an amount not to
42 exceed thirty cents per month] on both wireless and prepaid wireless
43 communications service in [the] such city, where such wireless or
44 prepaid wireless communications service includes two-way voice or data
45 transmission to a public safety answering point or, where no public
46 safety answering point is designated, a designated default answering
47 point or an appropriate local emergency authority. The surcharge shall
48 be imposed on such wireless and prepaid wireless communications service
49 when provided to a wireless communications customer with a place of
50 primary use in such city, in an amount not to exceed thirty cents per
51 month on each wireless communications device [and shall be reflected and
52 made payable on bills rendered for wireless communications service that
53 is provided to a customer whose place of primary use is within the city.
54 For purposes of this section, the term "place of primary use" shall mean
55 the street address that is representative of where the customer's use of
56 the wireless communications service primarily occurs, which address must
S. 6456 144 A. 9556
1 be: (a) the residential street address or the primary business street
2 address of the customer; and (b) within the licensed service area of the
3 wireless communications service provider. All surcharge monies remitted
4 to the city shall be used to pay for costs associated with the design,
5 construction, operation, maintenance, and administration of public safe-
6 ty communications networks serving such city] in service to such wire-
7 less communications customer during any part of each month.
8 2. Wireless communications service surcharge on other than prepaid
9 wireless communications service. (a) Any local law adopted pursuant to
10 the authority of this section imposing a surcharge on wireless communi-
11 cations service other than prepaid wireless communications service shall
12 state the amount of the surcharge and the date on which [the] a wireless
13 communications service supplier shall begin to add such surcharge to the
14 billings of its wireless communications customers and remit such
15 surcharge to such city. Any wireless communications service supplier
16 within [such] a city which has imposed a surcharge pursuant to the
17 [provisions] authority of this [section] subdivision shall be given a
18 minimum of forty-five days written notice prior to the date it shall
19 begin to add such surcharge to the billings of its wireless communi-
20 cations customers or prior to any modification to or change in the
21 surcharge amount.
22 [3. (a)] (b) Each wireless communications service supplier [serving
23 such] providing wireless communications service in a city imposing a
24 wireless communications service surcharge pursuant to this subdivision
25 shall act as collection agent for [the] such city and shall remit the
26 funds collected pursuant to [a] such surcharge [imposed under the
27 provisions of this section] to the chief fiscal officer of [the] such
28 city every month. Such funds shall be remitted no later than thirty days
29 after the last business day of the month in which they were collected.
30 [(b)] (c) Each wireless communications service supplier subject to
31 this subdivision shall be entitled to retain, as an administrative fee,
32 an amount equal to two percent of its collections of a surcharge imposed
33 [under the provisions of] pursuant to this [section] subdivision,
34 provided that such supplier files any required return or report and
35 remits such surcharge to the chief fiscal officer of such city on or
36 before its due date.
37 [(c)] (d) Any surcharge required to be collected by a wireless commu-
38 nications service supplier pursuant to this subdivision shall be added
39 as a separate item to [and stated separately in its billings to custom-
40 ers] bills rendered by the wireless communications service supplier to
41 its wireless communications customers.
42 [(d)] (e) Each wireless communications [service] customer who is
43 subject to the provisions of this [section] subdivision shall be liable
44 to such city for [the] such surcharge until it has been paid to [the]
45 such city, except that payment to a wireless communications service
46 supplier is sufficient to relieve [the] such customer from further
47 liability for such surcharge.
48 [(e) No] (f) A wireless communications service supplier shall have [a]
49 no legal obligation to enforce the collection of any surcharge imposed
50 [under the provisions of] pursuant to this [section] subdivision,
51 provided, however, that whenever [the] a wireless communications service
52 supplier [remits the funds collected to the] files a return or report
53 with such city, it shall also provide [the] such city with the name and
54 address of any wireless communications customer refusing or failing to
55 pay a surcharge imposed [under the provisions of] pursuant to this
S. 6456 145 A. 9556
1 [section] subdivision and shall state the amount of such surcharge
2 remaining unpaid.
3 [(f)] (g) Each wireless communications service supplier required to
4 collect a surcharge pursuant to this subdivision shall annually provide
5 to such city an accounting of [the surcharge] amounts billed and
6 collected on account of the wireless communications service surcharge
7 imposed on wireless communications customers having a place of primary
8 use in such city, and of the disposition of such amounts.
9 3. Wireless communications service surcharge on prepaid wireless
10 communications service. (a) Any local law adopted pursuant to the
11 authority of this section imposing a wireless communications service
12 surcharge on prepaid wireless communications service shall state the
13 amount of the surcharge and the date on which a wireless communications
14 service supplier shall begin to pay such surcharge to such city. Any
15 wireless communications service supplier subject to this subdivision
16 shall be given a minimum of forty-five days written notice prior to the
17 date it shall be required to begin to pay a surcharge to such city or
18 prior to any modification to or change in the surcharge amount.
19 (b) Each wireless communications service supplier providing prepaid
20 wireless communications service in a city imposing a wireless communi-
21 cation service surcharge pursuant to this subdivision shall report and
22 pay such surcharge to the chief fiscal officer of such city every month.
23 Such funds shall be remitted no later than thirty days after the last
24 business day of each month.
25 (c)(i) Any local law adopted pursuant to the authority of this section
26 imposing a surcharge on prepaid wireless communications service shall
27 provide that a wireless communications service supplier providing
28 prepaid wireless communications service may, as an alternative for all
29 transactions during a reporting period, calculate the amount of wireless
30 communications service surcharge due on account of prepaid wireless
31 communications service to a city imposing such surcharge as follows: The
32 wireless communications service supplier shall divide the total earned
33 revenue received during the monthly reporting period from prepaid wire-
34 less communications service provided by such supplier to wireless commu-
35 nications customers having a place of primary use in such a city, by
36 thirty dollars, and multiply the quotient by the amount of the surcharge
37 imposed pursuant to this section.
38 (ii) As used in this paragraph "total earned revenue received" shall
39 mean "gross receipt" as defined in subdivision one of section one
40 hundred eighty-six-e of the tax law.
41 (d) Each wireless communications service supplier subject to this
42 subdivision shall be entitled to retain, as an administrative fee, an
43 amount equal to two percent of any surcharge paid pursuant to this
44 subdivision, provided that such supplier files any required return or
45 report and remits such surcharge to the chief fiscal office of such city
46 on or before its due date.
47 (e) Nothing in the section shall be interpreted to require a wireless
48 communications service supplier subject to this subdivision to remit a
49 surcharge due pursuant to this subdivision from any particular receipts,
50 revenues or income of such wireless communications service supplier. The
51 source of such remittance is within the sole discretion of each such
52 wireless communications service supplier.
53 4. Each wireless communications service supplier required to remit
54 wireless communications service surcharge collections or payments pursu-
55 ant to this section shall retain for a period of three years from the
56 date each report or return is filed pursuant to this section, (a) all
S. 6456 146 A. 9556
1 such reports or returns, (b) all documentation upon which each such a
2 report or return relies, and (c) all other documentation necessary to
3 show compliance with this section.
4 [4] 5. All surcharge monies remitted by a wireless communications
5 service supplier to [the] a city [by a wireless communications service
6 supplier] imposing a wireless communications service surcharge pursuant
7 to this section shall be expended only upon authorization of [the] its
8 board and only for payment of system costs or other costs associated
9 with the design, construction, operation, maintenance, and adminis-
10 tration of public safety communications networks serving such city.
11 [The] Such city shall separately account for and keep adequate books and
12 records of the amount and source of all such monies and of the amount
13 and object or purpose of all expenditures thereof. If, at the end of any
14 fiscal year, the total amount of all such monies exceeds the amount
15 necessary for payment of the above mentioned costs in such fiscal year,
16 such excess shall be reserved and carried over for the payment of those
17 costs in the following fiscal year.
18 § 3. Section 308-a of the county law, as added by chapter 276 of the
19 laws of 2002, is renumbered section 311 and amended to read as follows:
20 § 311. Establishment of county [of Nassau] wireless [surcharge] commu-
21 nications service surcharges. 1. Notwithstanding [the provisions of
22 any] any provision of law to the contrary, [the county of Nassau] any
23 county listed in subdivision six of this section, acting through its
24 [local] county legislative body, is hereby authorized and empowered to
25 adopt, amend or repeal local laws to impose a surcharge [in an amount
26 not to exceed thirty cents per month] on both wireless and prepaid wire-
27 less communications service in [the county of Nassau] such county, where
28 such wireless or prepaid wireless communications service includes two-
29 way voice or data transmission to a public safety answering point, or,
30 where no public safety answering point is designated, a designated
31 default answering point or an appropriate local emergency authority. The
32 surcharge shall be imposed on such wireless and prepaid wireless commu-
33 nications service when provided to a wireless communications customer
34 with a place of primary use in such county, in an amount not to exceed
35 thirty cents per month on each wireless communications device [and shall
36 be reflected and made payable on bills rendered for wireless communi-
37 cations service that is provided to a customer whose place of primary
38 use is within the county. For purposes of this section, the term "place
39 of primary use" shall mean the street address that is representative of
40 where the customer's use of the wireless communications service primari-
41 ly occurs, which address must be: (a) residential street address or the
42 primary business street address of the customer; and (b) within the
43 licensed service area of the wireless communications service supplier]
44 in service to such wireless communications customer during any part of
45 each month.
46 2. Wireless communications service surcharge on other than prepaid
47 wireless communications service. (a) Any local law adopted pursuant to
48 the authority of this section imposing a surcharge on wireless communi-
49 cations service other than prepaid wireless communications service shall
50 state the amount of the surcharge and the date on which [the] a wireless
51 communications service supplier shall begin to add such surcharge to the
52 billings of its wireless communications customers and remit such
53 surcharge to such county. Any wireless communications service supplier
54 within [the] a county [of Nassau] which has imposed a surcharge pursuant
55 to the [provisions] authority of this [section] subdivision shall be
56 given a minimum of forty-five days written notice prior to the date it
S. 6456 147 A. 9556
1 shall begin to add such surcharge to the billings of its wireless commu-
2 nications customers or prior to any modification to or change in the
3 surcharge amount.
4 [3. (a)] (b) Each wireless communications service supplier [serving
5 the county of Nassau] providing wireless communications service in a
6 county imposing a wireless communications service surcharge pursuant to
7 this subdivision shall act as collection agent for [the] such county and
8 shall remit the funds collected pursuant to [a] such surcharge [imposed
9 under the provisions of this section] to the chief fiscal officer of
10 [the] such county [of Nassau] every month. Such funds shall be remitted
11 no later than thirty days after the last business day of the month in
12 which they were collected.
13 [(b)] (c) Each wireless communications service supplier subject to
14 this subdivision shall be entitled to retain, as an administrative fee,
15 an amount equal to two percent of its collections of a surcharge imposed
16 [under the provisions of] pursuant to this [section] subdivision,
17 provided that such supplier files any required return or report and
18 remits such surcharge to the chief fiscal officer of any county imposing
19 such surcharge on or before its due date.
20 [(c)] (d) Any surcharge required to be collected by a wireless commu-
21 nications service supplier pursuant to this subdivision shall be added
22 as a separate item to [and stated separately in its billings to custom-
23 ers] bills rendered by the wireless communications service supplier to
24 its wireless communications customers.
25 [(d)] (e) Each wireless communications [service] customer who is
26 subject to the provisions of this [section] subdivision shall be liable
27 to such county for [the] such surcharge until it has been paid to [the]
28 such county [of Nassau], except that payment to a wireless communi-
29 cations service supplier is sufficient to relieve [the] such customer
30 from further liability for such surcharge.
31 [(e) No] (f) A wireless communications service supplier shall have [a]
32 no legal obligation to enforce the collection of any surcharge imposed
33 [under the provisions of] pursuant to this [section] subdivision,
34 provided, however, that whenever [the] a wireless communications service
35 supplier [remits the funds collected to the] files a return or report
36 with any county [of Nassau] imposing a wireless communications service
37 surcharge pursuant to this subdivision, it shall also provide [the] such
38 county [of Nassau] with the name and address of any wireless communi-
39 cations customer refusing or failing to pay a surcharge imposed [under
40 the provisions of] pursuant to this [section] subdivision and shall
41 state the amount of such surcharge remaining unpaid.
42 [(f)] (g) Each wireless communications service supplier required to
43 collect a surcharge pursuant to this subdivision shall annually provide
44 to [the] each county [of Nassau] imposing such a surcharge an accounting
45 of [the surcharge] amounts billed and collected on account of the wire-
46 less communications service surcharge imposed on wireless communications
47 customers having a place of primary use in such county, and of the
48 disposition of such amounts.
49 3. Wireless communications service surcharge on prepaid wireless
50 communications service. (a) Any local law adopted pursuant to the
51 authority of this section imposing a wireless communications service
52 surcharge on prepaid wireless communications service shall state the
53 amount of the surcharge and the date on which a wireless communications
54 service supplier shall begin to pay such surcharge to a county imposing
55 such surcharge. Any wireless communications service supplier subject to
56 this subdivision shall be given a minimum of forty-five days written
S. 6456 148 A. 9556
1 notice prior to the date it shall be required to begin to pay a
2 surcharge to any such county or prior to any modification to or change
3 in the surcharge amount.
4 (b) Each wireless communications service supplier providing prepaid
5 wireless communications service in a county imposing a wireless communi-
6 cation service surcharge pursuant to this subdivision shall report and
7 pay such surcharge to the chief fiscal officer of such county every
8 month. Such funds shall be remitted no later than thirty days after the
9 last business day of each month.
10 (c)(i) Any local law adopted pursuant to the authority of this section
11 imposing a surcharge on prepaid wireless communications service shall
12 provide that a wireless communications service supplier providing
13 prepaid wireless communications service may, as an alternative for all
14 transactions during a reporting period, calculate the amount of wireless
15 communications service surcharge due on account of prepaid wireless
16 communications service to any county imposing such surcharge as follows:
17 The wireless communications service supplier shall divide the total
18 earned revenue received during the monthly reporting period from prepaid
19 wireless communications service provided by such supplier to wireless
20 communications customers having a place of primary use in each county
21 imposing such wireless communications surcharge, by thirty dollars, and
22 multiply the quotient by the amount of the surcharge imposed by each
23 such county pursuant to this section.
24 (ii) As used in this paragraph "total earned revenue received" shall
25 mean "gross receipt" as defined in subdivision one of section one
26 hundred eighty-six-e of the tax law.
27 (d) Each wireless communications service supplier subject to this
28 subdivision shall be entitled to retain, as an administrative fee, an
29 amount equal to two percent of any surcharge paid pursuant to this
30 subdivision, provided that such supplier files any required return or
31 report and remits such surcharge to the chief fiscal officer of any
32 county imposing such surcharge on or before its due date.
33 (e) Nothing in this section shall be interpreted to require a wireless
34 communications service supplier subject to this subdivision to remit a
35 surcharge due pursuant to this subdivision from any particular receipts,
36 revenues or income of such wireless communications service supplier. The
37 source of such remittance is within the sole discretion of each wireless
38 communications service supplier.
39 4. Each wireless communications service supplier required to remit
40 wireless communications service surcharge collections or payments pursu-
41 ant to this section shall retain for a period of three years from the
42 date each report or return is filed pursuant to this section, (a) all
43 such reports or returns, (b) all documentation upon which each such a
44 report or return relies, and (c) all other documentation necessary to
45 show compliance with this section.
46 [4] 5. (a) All surcharge monies remitted to the [county] counties of
47 Cattaraugus, Cayuga, Cortland, Dutchess, Herkimer, Livingston, Montgom-
48 ery, Nassau, Ontario, Putnam, Rensselaer, Schuyler, Seneca, Tompkins,
49 Ulster, Wayne, Westchester, and Yates by a wireless communications
50 service supplier shall be expended only upon authorization of the
51 [local] county legislative body and only for payment of system costs or
52 other costs associated with the design, construction, operation, mainte-
53 nance, and administration of public safety communications networks serv-
54 ing such county. [The]
55 (b) Until a county not subject to paragraph (a) of this subdivision is
56 served by public safety communications networks which are capable of
S. 6456 149 A. 9556
1 providing enhanced wireless 911 service as defined by subdivisions four
2 and five of section three hundred twenty-five of this chapter, all
3 surcharge monies remitted to such county by a wireless communications
4 service supplier shall be expended only upon authorization of the county
5 legislative body and only for payment of eligible wireless 911 service
6 costs as defined in subdivision sixteen of section three hundred twen-
7 ty-five of this chapter. A county not subject to paragraph (a) of this
8 subdivision which is served by public safety communications networks
9 which are capable of providing enhanced wireless 911 service as defined
10 by subdivisions four and five of section three hundred twenty-five of
11 this chapter shall expend all surcharge monies remitted to it by a wire-
12 less communications service supplier only upon authorization of the
13 county legislative body and only for payment of system costs and other
14 costs associated with the design, construction, operations, maintenance
15 and administration of public safety communications networks serving such
16 county.
17 (c) Each county [of Nassau] imposing a surcharge authorized by this
18 section shall separately account for and keep adequate books and records
19 of the amount and source of all such monies and of the amount and object
20 or purpose of all expenditures thereof. If, at the end of any fiscal
21 year, the total amount of all such monies exceeds the amount necessary
22 for payment of the above mentioned costs in such fiscal year, such
23 excess shall be reserved and carried over for the payment of those costs
24 in the following fiscal year.
25 6. The following counties are authorized to impose a surcharge pursu-
26 ant to this section: Allegany, Broome, Cattaraugus, Cayuga, Chautauqua,
27 Chemung, Clinton, Columbia, Cortland, Dutchess, Essex, Franklin, Fulton,
28 Genesee, Herkimer, Livingston, Madison, Montgomery, Nassau, Onondaga,
29 Ontario, Orange, Otsego, Putnam, Rensselaer, Schuyler, Seneca, Steuben,
30 Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westches-
31 ter, and Yates.
32 § 4. Sections 308-a, 308-b, 308-c, 308-d, 308-e, 308-f, 308-g, 308-k,
33 308-l, 308-m, 308-n, 308-p, 308-q, 308-r and 308-s are REPEALED.
34 § 5. Section 309 of the county law, as amended by section 3 of part DD
35 of chapter 85 of the laws of 2002, subdivision 5 as added by section 2
36 of part G of chapter 81 of the laws of 2002 and paragraph (g) of subdi-
37 vision 5 as added by section 6 of part Y of chapter 62 of the laws of
38 2003, is amended to read as follows:
39 § 309. State wireless communications service surcharge. 1. Wireless
40 communications service surcharge on other than prepaid wireless communi-
41 cations service. (a) Notwithstanding any provision of law to the contra-
42 ry, and excluding services subject to the surcharge imposed by subdivi-
43 sion two of this section, there shall be imposed a surcharge [of one
44 dollar and twenty cents per month] on wireless communications service
45 where [the wireless communications customer's place of primary use is in
46 New York state] such wireless communications service includes two-way
47 voice or data transmission to a public safety answering point or, where
48 no public safety answering point is designated, a designated default
49 answering point or an appropriate local emergency authority. The
50 surcharge shall be imposed on such wireless communications service when
51 provided to a wireless communications customer with a place of primary
52 use in the state, at the rate of one dollar twenty cents per month on
53 each wireless communications device [and shall be reflected and made
54 payable on bills rendered for wireless communications service provided
55 to a wireless communications customer with a place of primary use in New
56 York state
S. 6456 150 A. 9556
1 2. (a)] in service to such customer during any part of each month.
2 (b) (i) Each wireless communications service supplier providing wire-
3 less communications service in New York state and subject to this subdi-
4 vision shall act as collection agent for the state for the collection of
5 the surcharge imposed by this [section] subdivision. Such surcharge
6 shall be reported and paid to the commissioner of taxation and finance
7 on a quarterly basis on or before the fifteenth day of the month [after
8 the end of] following each [quarter] quarterly period ending on the last
9 day of February, May, August and November, respectively. Provided,
10 however, the surcharges collected in the months of August, September,
11 October and November of two thousand two shall be due on December
12 fifteenth, two thousand two. The payments shall be accompanied by a
13 report or return in such form and containing such information as the
14 commissioner of taxation and finance may prescribe. [However, the]
15 (ii) Any surcharge required to be collected by a wireless communi-
16 cations service supplier pursuant to this subdivision shall be added as
17 a separate item to bills rendered by the wireless communications service
18 supplier to its wireless communications customers. Each wireless commu-
19 nications customer who is subject to the provisions of this subdivision
20 shall be liable to the state for the surcharge until it has been paid to
21 the state, except that payment to a wireless communications service
22 supplier is sufficient to relieve such customer from further liability
23 for such surcharge.
24 (iii) A wireless communications service supplier shall have no legal
25 obligation to enforce the collection of any surcharge imposed by this
26 subdivision.
27 [(b) Any surcharge hereunder required to be collected by a wireless
28 communications service supplier shall be added to and separately stated
29 as a single charge on a wireless communications customer's bill. Each
30 wireless communications service customer who is subject to the
31 provisions of this section shall be liable to the sate for the surcharge
32 until it has been paid to the state except that payment to a wireless
33 communications service supplier is sufficient to relieve the customer
34 from further liability for such surcharge.]
35 [(c)] (iv) Each wireless communications service supplier subject to
36 this subdivision shall be entitled to retain, as an administrative fee,
37 an amount equal to [two percent of fifty-eight and three-tenths] one and
38 one hundred sixteen one-thousandths percent (1.116%) of the total
39 collections of the surcharge [pursuant to] imposed by this [section]
40 subdivision, provided that such supplier files any required return or
41 report and remits such surcharge to the commissioner of taxation and
42 finance on or before its due date.
43 2. Wireless communications service surcharge on prepaid wireless
44 communications service. (a) Notwithstanding any provision of law to the
45 contrary, and excluding services subject to the surcharge imposed by
46 subdivision one of this section, there shall be imposed a surcharge on
47 prepaid wireless communications service where such wireless communi-
48 cations service includes two-way voice or data transmission to a public
49 safety answering point or, where no public safety answering point is
50 designated, a designated default answering point or an appropriate local
51 emergency authority. Such surcharge shall be imposed on such wireless
52 communications service when provided to wireless communications custom-
53 ers with a place of primary use in the state, at the rate of one dollar
54 twenty cents per month on each wireless communications device in service
55 to such customers during each month.
S. 6456 151 A. 9556
1 (b) Each wireless communications service supplier providing prepaid
2 wireless communications service in New York state shall report and pay
3 the surcharge imposed by this subdivision to the commissioner of taxa-
4 tion and finance on a quarterly basis on or before the fifteenth day of
5 the month following each quarterly period ending on the last day of
6 February, May, August and November, respectively. The payments shall be
7 accompanied by a report or return in such form and containing such
8 information as the commissioner of taxation and finance may prescribe.
9 (c) Each wireless communications service supplier subject to this
10 subdivision shall be entitled to retain, as an administrative fee, an
11 amount equal to one and one hundred sixteen one-thousandths percent
12 (1.116%) of any surcharge paid to the state pursuant to this subdivi-
13 sion, provided that such supplier files any required return or report
14 and remits such surcharge to the commissioner of taxation and finance on
15 or before its due date.
16 (d)(i) Notwithstanding paragraph (a) of this subdivision, as an alter-
17 native for all transactions during a reporting period, a wireless commu-
18 nications service supplier providing prepaid wireless communications
19 service may calculate the amount of wireless communications service
20 surcharge due to the state on account of prepaid wireless communications
21 service as follows: The wireless communications service supplier shall
22 divide the total earned revenue received during each month in each
23 reporting period from prepaid wireless communications service provided
24 by such supplier to wireless communications customers having a place of
25 primary use in the state, by thirty dollars, and multiply the quotient
26 by the amount of the surcharge imposed pursuant to this subdivision.
27 (ii) As used in this paragraph "total earned revenue received" shall
28 mean "gross receipt" as defined in subdivision one of section one
29 hundred eighty-six-e of the tax law.
30 (e) Nothing in the subdivision shall be interpreted to require a wire-
31 less communications service supplier subject to this subdivision to
32 remit a surcharge due pursuant this subdivision from any particular
33 receipts, revenues or income of such wireless communications service
34 supplier. The source of such remittance is within the sole discretion of
35 each wireless communications service supplier.
36 3. Each wireless communications service supplier required to remit
37 wireless communications service surcharge collections or payments pursu-
38 ant to this section shall retain (a) all reports or returns required by
39 this section, for a period of three years from the date of filing such
40 report or return with the commissioner of taxation and finance, (b) all
41 documentation upon which such a report or return relies, for a period of
42 three years from the date of filing such report or return, and (c) all
43 other documentation necessary to show compliance with this section, for
44 a period of three years.
45 4. Notwithstanding any provision of law to the contrary, all surcharge
46 monies collected and received by the commissioner of taxation and
47 finance pursuant to this section shall be deposited daily to the credit
48 of the comptroller with such responsible banks, banking houses or trust
49 companies as may be designated by the comptroller. Such deposits shall
50 be kept separate and apart from all other monies in the possession of
51 the comptroller. The comptroller shall require adequate security from
52 all such depositories. Of the total revenue collected or received under
53 this section, the comptroller shall retain in the comptroller's hands
54 such amount as the commissioner of taxation and finance may determine to
55 be necessary for refunds under this section out of which amount the
56 comptroller shall pay any refunds to which taxpayers shall be entitled
S. 6456 152 A. 9556
1 under the provisions of this section. The comptroller shall, after
2 reserving the amount to pay such refunds, on or before the tenth day of
3 each month, pay all surcharge monies [collected and received] deposited
4 under this section during the preceding calendar month and remaining to
5 the comptroller's credit [as follows: (a) forty-one and seven-tenths of
6 the revenues collected and received under this section into the state
7 general fund; and (b) after deducting the amount paid under paragraph
8 (a) of this subdivision and the amount retained by wireless communi-
9 cations suppliers pursuant to paragraph (c) of subdivision two of this
10 section, the balance of the revenues collected under this section] on
11 the last day of such preceding month into the [statewide public safety
12 communications] New York state wireless telephone emergency service
13 account of the miscellaneous special revenue fund, created pursuant to
14 section ninety-seven-qq of the state finance law.
15 [4] 5. The state of New York and any municipality participating with
16 the New York state division of state police in the provision of wireless
17 911 emergency services shall be exempt from any surcharge imposed under
18 subdivision one of this section.
19 [5] 6. The monies collected from the state wireless communications
20 service surcharge shall be distributed to include the following:
21 (a) [The] Up to the sum of twenty-five million five hundred thousand
22 dollars shall be allocated to the state police pursuant to appropriation
23 by the legislature annually;
24 (b) [The] Up to the sum of one million five hundred thousand dollars
25 shall be deposited into the New York state emergency services revolving
26 loan fund annually;
27 (c) Up to the sum of forty million dollars shall be available [in the
28 state fiscal year two thousand two--two thousand three,] annually for
29 payments related to homeland security, the state public safety and secu-
30 rity programs, including but not limited to the detection, protection
31 against, prevention, response and recovery from terrorist acts or
32 threats, pursuant to appropriation by the legislature;
33 (d) To fund costs associated with the design, construction, and opera-
34 tion of the statewide wireless network annually pursuant to appropri-
35 ation by the legislature;
36 (e) [The] Up to the sum of [four million two hundred thousand] two
37 million seven hundred thousand dollars shall be made available to the
38 state police [in fiscal year two thousand two--two thousand three] annu-
39 ally for the Federal Communications Assistance Law Enforcement Act
40 (CALEA); and
41 (f) Not [less than the sum of twenty million dollars in fiscal year
42 two thousand two--two thousand three and not] less than the sum of ten
43 million dollars [each year thereafter] annually shall be disbursed
44 pursuant to article six-A of this chapter and appropriation by the
45 legislature.
46 (g) To provide the costs of debt service for bonds and notes issued to
47 finance expedited deployment funding pursuant to the provisions of
48 section three hundred thirty-three of this chapter and section sixteen
49 hundred eighty-nine-h of the public authorities law.
50 7. The provisions of article twenty-seven of the tax law and part II
51 of article thirty-seven of the tax law, insofar as such part is applica-
52 ble to article nine of the tax law, shall apply to the provisions of
53 this section in the same manner and with the same force and effect as if
54 the language of such article and part had been incorporated in full into
55 this section and had expressly referred to the surcharges imposed pursu-
56 ant to this section, except to the extent that any provision of such
S. 6456 153 A. 9556
1 article or part is either inconsistent with a provision of this section
2 or is not relevant to this section, and with such modifications as may
3 be necessary to adapt the language of such provisions to the surcharges
4 imposed by this section, provided specifically that a reference to "tax"
5 under such article and part shall refer to the wireless communications
6 service surcharges imposed pursuant to this section.
7 § 6. The county law is amended by adding a new section 312 to read as
8 follows:
9 § 312. Limited safe harbor for wireless communications service
10 surcharge on prepaid wireless communications service. 1. Upon the appli-
11 cation of a wireless communications service supplier, the commissioner
12 of taxation and finance, in his or her discretion, is authorized to
13 enter into an agreement with such wireless supplier, which agreement
14 shall prescribe a methodology designed to fairly and properly allocate
15 wireless communications service surcharge payments on prepaid service
16 made by such wireless supplier pursuant to subdivision two of section
17 three hundred nine, subdivision three of section three hundred ten and
18 subdivision three of section three hundred eleven of this article, to
19 the appropriate levels of taxing jurisdiction. Any such methodology may
20 apply to all prepaid service of a wireless supplier or to one or more
21 distinct groupings of prepaid wireless communications service of such
22 wireless supplier. The allocation methodology contained in such agree-
23 ment shall apply prospectively from the date of its first utilization by
24 such wireless supplier. If such wireless supplier utilizes the agreement
25 methodology, such wireless supplier shall be held harmless during the
26 period of such use from any liability for any wireless communications
27 service surcharge imposed on prepaid service by or pursuant to sections
28 three hundred nine, three hundred ten or three hundred eleven of this
29 article, in the event such wireless supplier pays such wireless communi-
30 cations service surcharge to the wrong taxing jurisdiction or to a
31 taxing jurisdiction not authorized to impose such a wireless communi-
32 cations service surcharge, or does not pay such wireless communications
33 service surcharge to a taxing jurisdiction authorized to collect it.
34 2. Should the state develop a database of enhanced zip codes which
35 assigns each such enhanced zip code to a taxing jurisdiction, any agree-
36 ment reached between a wireless communications service supplier and the
37 commissioner of taxation and finance pursuant to subdivision one of this
38 section shall continue to apply to such a wireless supplier that is in
39 compliance with the requirements of such agreement, until six months
40 after such commissioner has notified such wireless supplier of the
41 availability of a database assigning enhanced zip codes to appropriate
42 levels of taxing jurisdiction. During such six month period such commis-
43 sioner, in his or her discretion, is authorized to enter into an amended
44 agreement with such wireless supplier, to enter in an agreement pursuant
45 to subdivision one of this section with a wireless supplier regarding
46 payments on prepaid service made by such wireless supplier not having
47 such an agreement, or to terminate any such agreement. In the event an
48 agreement with a prepaid wireless supplier is terminated or if no agree-
49 ment pursuant to subdivision one of this section is reached with a
50 supplier of prepaid services, in order to be eligible for a safe harbor
51 provided in this section at the end of the six month grace period, such
52 suppliers shall use such database of enhanced zip codes as a proxy to
53 assign each prepaid wireless communications customer to an appropriate
54 place of primary use, and shall thereafter remit any wireless communi-
55 cations service surcharge due to each level of taxing jurisdiction
56 appropriate to such enhanced zip code.
S. 6456 154 A. 9556
1 3. (a) If any provision of this section is adjudged by a court of
2 competent jurisdiction to be (i) unconstitutional, (ii) in violation of
3 any provision of the federal mobile telecommunications sourcing act
4 (Public Law 106-252), or (iii) otherwise invalid or unenforceable for
5 any reason, then in such event, any such provision shall be rendered
6 null and void as of the date of such adjudication and any remaining
7 provisions of this section and the provisions of subdivision two of
8 section three hundred nine, subdivision three of section three hundred
9 ten and subdivision three of section three hundred eleven of this arti-
10 cle shall apply to the wireless communications service surcharges
11 required to be paid by suppliers of prepaid wireless communications
12 service as if such invalidated provision of this section had never taken
13 effect.
14 (b) If any agreement entered into between a wireless communications
15 service supplier and the commissioner of taxation and finance pursuant
16 to subdivision one or two of this section shall be adjudged by a court
17 of competent jurisdiction to be in violation of any provision of the
18 federal mobile telecommunications sourcing act (Public Law 106-252), or
19 otherwise invalid or unenforceable for any reason, then in such event,
20 any such agreement shall be deemed null and void as of its effective
21 date, and the provisions of subdivision two of section three hundred
22 nine, subdivision three of section three hundred ten and subdivision
23 three of section three hundred eleven of this article shall apply to the
24 wireless communications service surcharges required to be paid by such
25 wireless supplier on prepaid service as if such agreement had never been
26 entered into by such wireless supplier.
27 § 7. Subdivision 8 of section 186-e of the tax law, as added by chap-
28 ter 2 of the laws of 1995, is amended to read as follows:
29 8. Enhanced emergency telephone system surcharge fee. Notwithstanding
30 any other provision contained in this chapter or any other law, for the
31 purposes of this section, any surcharge collected or paid or any admin-
32 istrative fee retained by any provider of telecommunication services
33 [acting as collection agent for a municipality] pursuant to the
34 provisions of article six of the county law shall not be considered as,
35 nor included in the determination of gross receipts of the provider.
36 § 8. Subdivision 15 of section 325 of the county law, as added by
37 section 1 of part G of chapter 81 of the laws of 2002, is amended to
38 read as follows:
39 15. "Fund" shall mean the [statewide public safety communications] New
40 York state wireless telephone emergency service account established
41 pursuant to section ninety-seven-qq of the state finance law.
42 § 9. Notwithstanding any other provision of law, the amendments made
43 by sections one through four, six and eight of this act shall apply to
44 any local law enacted before the effective date of this act pursuant to
45 the authority of former sections 308-a through sections 308-s of the
46 county law, and any such local law is deemed amended, as of the effec-
47 tive date of this act, to conform with the provisions of this act.
48 § 10. This act shall take effect on the first day of the quarterly
49 period, as described in paragraph (a) of subdivision 2 of section 309 of
50 the county law as it existed immediately prior to the effective date of
51 this act, which begins at least one hundred twenty days after this act
52 shall have become law; provided, however, that the commissioner of taxa-
53 tion and finance shall be authorized on and after the date this act
54 shall have become a law to adopt and amend any rules or regulations and
55 issue any procedures, forms or instructions necessary to implement the
56 provisions of this act on its effective date.
S. 6456 155 A. 9556
1 PART U
2 Section 1. The opening paragraph of section 43 of chapter 106 of the
3 laws of 2003, constituting the Patriot Plan, as amended by chapter 150
4 of the laws of 2005, is amended to read as follows:
5 This act shall take effect immediately; provided, however, that
6 section forty-two of this act shall be deemed repealed [three] five
7 years after it shall have become a law; provided further that:
8 § 2. This act shall take effect immediately, except that if this act
9 shall become a law on or after July 1, 2006 this act shall be deemed to
10 have been in full force and effect on and after July 1, 2006.
FISCAL NOTE.--Section 42 of this bill would give public retirement
systems authorization to temporarily suspend retirement loan repayment
obligations of retirement system members who are absent on military
duty, as defined in section 243 of the military law. It is anticipated
that these changes will have negligible impact on employer pension
contributions.
The source of this fiscal note is the New York State Division of the
Budget.
11 PART V
12 Section 1. Section 204 of the civil service law is amended by adding
13 two new subdivisions 4 and 5 to read as follows:
14 4. Where an employee organization has been certified or recognized
15 pursuant to the provisions of this article as the exclusive represen-
16 tative of employees in a negotiating unit, such employee organization
17 shall pay to the board an annual fee within ninety days of the commence-
18 ment of the public employer's fiscal year, to be deposited in the
19 miscellaneous special revenue fund public employment relations account
20 (339.93), in the amount of seventy five dollars for each negotiating
21 unit or such other amount as may be hereafter established by the board,
22 by rule, duly adopted. Each negotiating unit shall also file an annual
23 information update in such form as the board may prescribe which shall
24 include:
25 (a) The current name and address of the organization and of any parent
26 organization or other organization with which it is affiliated.
27 (b) The current names and office addresses of the principal officers
28 and of all representatives designated by the organization to represent
29 the organization before the board.
30 (c) A current list of all titles in the negotiating unit and the total
31 number of employees currently in the unit.
32 (d) A copy of the most recent collective bargaining agreement, togeth-
33 er with any memoranda, arbitration awards or other agreements or deter-
34 minations altering or amending the terms and conditions of employment of
35 the employees in the negotiating unit.
36 (e) Such other and further information as the board may reasonably
37 deem necessary to promote the policies and provisions of this subdivi-
38 sion, as may be established by rules duly adopted by the board.
39 5. Where an employee organization has been certified or recognized
40 pursuant to the provisions of this article, the public employer in the
41 government subdivision where the employee organization has been certi-
42 fied or recognized as exclusive negotiating agent, shall pay to the
43 board an annual fee for each certified or recognized negotiating unit in
44 accordance with the fee schedule established in subdivision four of this
S. 6456 156 A. 9556
1 section and shall also file an annual information update in such form as
2 the board may prescribe which shall include:
3 (a) The name and official addresses of the chief executive officer and
4 the chief legal officer of the government subdivision.
5 (b) The names and addresses of the persons or entities designated to
6 represent the public employer before the board.
7 (c) A current list of all titles in the negotiating unit and the total
8 number of employees currently in the unit.
9 (d) A copy of the most recent collective bargaining agreement, togeth-
10 er with any memoranda, arbitration awards or other agreements or deter-
11 minations altering or amending the terms and conditions of employment of
12 the employees in the negotiating unit.
13 (e) Such other and further information as the board may reasonably
14 deem necessary to promote the policies and provisions of this subdivi-
15 sion, as may be established by rules duly adopted by the board.
16 § 2. This act shall take effect immediately and shall be deemed to
17 have been in full force and effect on and after April 1, 2006.
18 PART W
19 Section 1. Section 190.30 of the criminal procedure law is amended by
20 adding a new subdivision 8 to read as follows:
21 8. Business records may be received at grand jury proceedings as
22 evidence of the facts stated in such proceedings, provided such records
23 are accompanied by a written statement, under oath, of the record's
24 custodian or other qualified witness of the business. Such statement
25 shall contain a list or description of the records attached and state in
26 substance that the person is a duly authorized custodian of the records
27 or other qualified witness with knowledge that such records were made in
28 the regular course of business and that it was the regular course of
29 such business to make such at the time of the act, transaction, occur-
30 rence or event, or within a reasonable time thereafter. Such written
31 statement may also include a statement that the business does not
32 possess a particular record or records, and such statement may be
33 received at grand jury proceedings as evidence of the fact that the
34 business does not possess such record or records. When it is necessary
35 for the business whose records are being offered into evidence to submit
36 a written statement under oath from more than one of its employees in
37 order to comply with this subdivision, more than one written statement
38 under oath may be attached to the records. For the purpose of this
39 subdivision, the term "business" includes a business, profession, occu-
40 pation and calling of every kind.
41 § 2. This act shall take effect on the first of November next succeed-
42 ing the date on which it shall have become a law.
43 PART X
44 Section 1. Subdivisions 3, 4 and 5 of section 97-g of the state
45 finance law, subdivision 3 as amended by section 45 of part K of chapter
46 81 of the laws of 2002, subdivision 4 as amended by chapter 577 of the
47 laws of 1988 and subdivision 5 as added by chapter 710 of the laws of
48 1964, are amended to read as follows:
49 3. Moneys of the fund shall be available to the commissioner of gener-
50 al services for the purchase of food, supplies and equipment for [state
51 institutions and other] state agencies, and for the purpose of furnish-
52 ing or providing centralized services to or for [state institutions and
S. 6456 157 A. 9556
1 other] state agencies; provided further that such money shall be avail-
2 able to the commissioner of general services for purposes pursuant to
3 items (a), (c), (d), (f), (h) and (m) of subdivision four of this
4 section to or for political subdivisions, public benefit corporations
5 and public authorities and for purposes pursuant to items (i), (j) and
6 (k) of subdivision four of this section to or for eligible recipients.
7 Beginning the first day of April, two thousand two, moneys in such fund
8 shall also be transferred by the state comptroller to the revenue bond
9 tax fund account of the general debt service fund in amounts equal to
10 those required for payments to authorized issuers for revenue bonds
11 issued pursuant to article five-C of this chapter for the purpose of
12 lease purchases and installment purchases by or for state agencies and
13 institutions for personal or real property purposes.
14 4. The term "centralized services" as used in this section shall mean
15 and include only (a) communications services, (b) mail, messenger and
16 reproduction services, (c) computer services, (d) [gasoline] fuel and
17 automotive services, (e) renovation and maintenance services, (f)
18 purchases of [electricity] electric energy, electric generating capaci-
19 ty, renewable energy and/or renewable energy credits from the power
20 authority of the state of New York or from other power suppliers, (g)
21 real property management services, (h) building design and construction
22 services, (i) parking services to eligible recipients, (j) distribution
23 of United States department of agriculture donated foods to eligible
24 recipients, pursuant to all applicable statutes and regulations, (k)
25 distribution of federal surplus property donations to all eligible
26 recipients, pursuant to applicable statutes and regulations [and], (1)
27 payments and related services for lease purchases and installment
28 purchases by or for state agencies [and institutions] for personal prop-
29 erty purposes financed through the issuance of certificates of partic-
30 ipation and (m) distribution of state surplus personal property. The
31 services defined in items [(a) through (h)], (b), (e), (g) and (l) of
32 this subdivision shall be provided to state agencies [and institutions
33 only]. The services defined in items (a), (c), (d), (f), (h) and (m) of
34 this subdivision may be provided to state agencies, political subdivi-
35 sions, public authorities or public benefit corporations. The services
36 defined in items (i), (j) and (k) of this subdivision may be provided to
37 eligible recipients as determined by the commissioner of general
38 services relative to the type of service provided. The terms "public
39 benefit corporations" and "public authorities" as used in this section
40 shall mean and include only those public authorities and public benefit
41 corporations the heads of which are appointed by the governor or where
42 the majority of the board members are appointed by the governor or serve
43 as members by virtue of holding a civil office of the state.
44 5. The amount expended from such fund for the [above-stated] purposes
45 set forth in this section shall be charged against the state [institu-
46 tion or] agency receiving such food, supplies, equipment and services or
47 political subdivisions, public benefit corporations or public authori-
48 ties receiving such communication services, computer services, fuel,
49 automotive services, electric energy, electric generating capacity,
50 renewable energy and/or renewable energy credits, building design and
51 construction services, distribution of state surplus personal property
52 or eligible recipients for parking, donated foods or federal surplus
53 property and all payments received therefor shall be credited to such
54 fund.
55 § 2. Section 202 of the executive law, as added by chapter 170 of the
56 laws of 1994, is amended to read as follows:
S. 6456 158 A. 9556
1 § 202. General duties. The office of general services shall provide
2 [coordinated] centralized services in support of state [departments and]
3 agencies, [and, as specified, authorities, municipalities] political
4 subdivisions, public benefit corporations, public authorities and not-
5 for-profit organizations, hereafter for the purposes of this section
6 referred to as agencies. Such support services shall (i) serve to
7 conserve state resources, (ii) benefit multiple agencies, and (iii) be
8 consistent with the needs and interests of the agencies receiving those
9 services. Support services may be delivered directly by the office of
10 general services or by other means which ensure the cost effectiveness
11 of those services. The commissioner of general services may recommend to
12 the governor new services which could be offered by the office of gener-
13 al services, and that would reduce state or local expenditures and
14 facilitate the mission of agencies currently receiving or which could
15 receive such services.
16 § 3. This act shall take effect immediately.
17 PART Y
18 Section 1. Section 220.06 of the penal law, as amended by chapter 75
19 of the laws of 1995, subdivision 4 as amended by chapter 537 of the laws
20 of 1998, subdivision 6 as added by chapter 635 of the laws of 1997 and
21 subdivision 7 as amended and subdivision 8 as added by chapter 264 of
22 the laws of 2003, is amended to read as follows:
23 § 220.06 Criminal possession of a controlled substance in the fifth
24 degree.
25 A person is guilty of criminal possession of a controlled substance in
26 the fifth degree when he or she knowingly and unlawfully possesses:
27 1. a controlled substance with intent to sell it; or
28 2. one or more preparations, compounds, mixtures or substances
29 containing a narcotic preparation and said preparations, compounds,
30 mixtures or substances are of an aggregate weight of [one-half ounce]
31 fourteen grams or more; or
32 3. one or more preparations, compounds, mixtures or substances
33 containing phencyclidine and said [phencyclidine weighs fifty milli-
34 grams] preparations, compounds, mixtures or substances are of an aggre-
35 gate weight of five hundred milligrams or more; or
36 4. one or more preparations, compounds, mixtures or substances
37 containing concentrated cannabis as defined in paragraph (a) of subdivi-
38 sion four of section thirty-three hundred two of the public health law
39 and said preparations, compounds, mixtures or substances are of an
40 aggregate weight of [one-fourth ounce] seven grams or more; or
41 5. one or more preparations, compounds, mixtures or substances
42 containing cocaine and said [cocaine weighs five hundred milligrams]
43 preparations, compounds, mixtures or substances are of an aggregate
44 weight of eight hundred thirty-three milligrams or more.
45 6. one or more preparations, compounds, mixtures or substances
46 containing ketamine and said [ketamine weighs] preparations, compounds,
47 mixtures or substances are of an aggregate weight of more than one thou-
48 sand milligrams; or
49 7. ketamine and has previously been convicted of possession or the
50 attempt to commit possession of ketamine in any amount; or
51 8. one or more preparations, compounds, mixtures or substances
52 containing gamma hydroxybutyric acid, as defined in paragraph four of
53 subdivision (e) of schedule I of section thirty-three hundred six of the
S. 6456 159 A. 9556
1 public health law, and said preparations, compounds, mixtures or
2 substances are of an aggregate weight of twenty-eight grams or more.
3 Criminal possession of a controlled substance in the fifth degree is a
4 class D felony.
5 § 2. Section 220.09 of the penal law, as amended by chapter 75 of the
6 laws of 1995, subdivision 10 as amended by chapter 537 of the laws of
7 1998, subdivision 13 as amended by chapter 635 of the laws of 1997 and
8 subdivision 14 as amended and subdivision 15 as added by chapter 264 of
9 the laws of 2003, is amended to read as follows:
10 § 220.09 Criminal possession of a controlled substance in the fourth
11 degree.
12 A person is guilty of criminal possession of a controlled substance in
13 the fourth degree when he or she knowingly and unlawfully possesses:
14 1. one or more preparations, compounds, mixtures or substances
15 containing a narcotic drug and said preparations, compounds, mixtures or
16 substances are of an aggregate weight of [one-eighth ounce] three and
17 one-half grams or more; or
18 2. one or more preparations, compounds, mixtures or substances
19 containing methamphetamine, its salts, isomers or salts of isomers and
20 said preparations, compounds, mixtures or substances are of an aggregate
21 weight of [one-half ounce] fourteen grams or more; or
22 3. one or more preparations, compounds, mixtures or substances
23 containing a narcotic preparation and said preparations, compounds,
24 mixtures or substances are of an aggregate weight of [two ounces]
25 fifty-seven grams or more; or
26 4. one or more preparations, compounds, mixtures or substances
27 containing a stimulant and said [stimulant weighs one gram] prepara-
28 tions, compounds, mixtures or substances are of an aggregate weight of
29 two grams or more; or
30 5. one or more preparations, compounds, mixtures or substances
31 containing lysergic acid diethylamide and said [lysergic acid diethylam-
32 ide weighs one milligram] preparations, compounds, mixtures or
33 substances are of an aggregate weight of three hundred milligrams or
34 more; or
35 6. one or more preparations, compounds, mixtures or substances
36 containing a hallucinogen and said [hallucinogen weighs twenty-five
37 milligrams] preparations, compounds, mixtures or substances are of an
38 aggregate weight of five grams or more; or
39 7. one or more preparations, compounds, mixtures or substances
40 containing a hallucinogenic substance and said [hallucinogenic substance
41 weighs one gram] preparations, compounds, mixtures or substances are of
42 an aggregate weight of three grams or more; or
43 8. one or more preparations, compounds, mixtures or substances
44 containing a dangerous depressant and [such dangerous depressant weighs
45 ten ounces] said preparations, compounds, mixtures or substances are of
46 an aggregate weight of two hundred eighty-three grams or more; or
47 9. one or more preparations, compounds, mixtures or substances
48 containing a depressant and [such depressant weighs two pounds] said
49 preparations, compounds, mixtures or substances are of an aggregate
50 weight of nine hundred six grams or more; or
51 10. one or more preparations, compounds, mixtures or substances
52 containing concentrated cannabis as defined in paragraph (a) of subdivi-
53 sion four of section thirty-three hundred two of the public health law
54 and said preparations, compounds, mixtures or substances are of an
55 aggregate weight of [one ounce] twenty-eight grams or more; or
S. 6456 160 A. 9556
1 11. one or more preparations, compounds, mixtures or substances
2 containing phencyclidine and said [phencyclidine weighs two hundred
3 fifty milligrams] preparations, compounds, mixtures or substances are of
4 an aggregate weight of two and one-half grams or more; or
5 12. one or more preparations, compounds, mixtures or substances
6 containing methadone and said [methadone weighs three hundred sixty
7 milligrams] preparations, compounds, mixtures or substances are of an
8 aggregate weight of more than seven grams or more; or
9 13. one or more preparations, compounds, mixtures or substances
10 containing phencyclidine and said [phencyclidine weighs fifty milli-
11 grams] preparations, compounds, mixtures or substances are of an aggre-
12 gate weight of five hundred milligrams or more with intent to sell it
13 and has previously been convicted of an offense defined in this article
14 or the attempt or conspiracy to commit any such offense; or
15 14. one or more preparations, compounds, mixtures or substances
16 containing ketamine and said [ketamine weighs four thousand milligrams]
17 preparations, compounds, mixtures or substances are of an aggregate
18 weight of four grams or more; or
19 15. one or more preparations, compounds, mixtures or substances
20 containing gamma hydroxybutyric acid, as defined in paragraph four of
21 subdivision (e) of schedule I of section thirty-three hundred six of the
22 public health law, and said preparations, compounds, mixtures or
23 substances are of an aggregate weight of two hundred grams or more.
24 Criminal possession of a controlled substance in the fourth degree is
25 a class C felony.
26 § 3. Section 220.16 of the penal law, as amended by chapter 75 of the
27 laws of 1995, is amended to read as follows:
28 § 220.16 Criminal possession of a controlled substance in the third
29 degree.
30 A person is guilty of criminal possession of a controlled substance in
31 the third degree when he or she knowingly and unlawfully possesses:
32 1. a narcotic drug with intent to sell it; or
33 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
34 acid diethylamide, with intent to sell it and has previously been con-
35 victed of an offense defined in this article [two hundred twenty] or the
36 attempt or conspiracy to commit any such offense; or
37 3. one or more preparations, compounds, mixtures or substances
38 containing a stimulant with intent to sell it and said [stimulant weighs
39 one gram] preparations, compounds, mixtures or substances are of an
40 aggregate weight of two grams or more; or
41 4. one or more preparations, compounds, mixtures or substances
42 containing lysergic acid diethylamide with intent to sell it and said
43 [lysergic acid diethylamide weighs one milligram] preparations,
44 compounds, mixtures or substances are of an aggregate weight of three
45 hundred milligrams or more; or
46 5. one or more preparations, compounds, mixtures or substances
47 containing a hallucinogen with intent to sell it and said [hallucinogen
48 weighs twenty-five milligrams] preparations, compounds, mixtures or
49 substances are of an aggregate weight of five grams or more; or
50 6. one or more preparations, compounds, mixtures or substances
51 containing a hallucinogenic substance with intent to sell it and said
52 [hallucinogenic substance weighs one gram] preparations, compounds,
53 mixtures or substances are of an aggregate weight of three grams or
54 more; or
55 7. one or more preparations, compounds, mixtures or substances
56 containing methamphetamine, its salts, isomers or salts of isomers with
S. 6456 161 A. 9556
1 intent to sell it and said preparations, compounds, mixtures or
2 substances are of an aggregate weight of [one-eighth ounce] three and
3 one-half grams or more; or
4 8. one or more preparations, compounds, mixtures or substances
5 containing a stimulant and said [stimulant weighs five grams] prepara-
6 tions, compounds, mixtures or substances are of an aggregate weight of
7 ten grams or more; or
8 9. one or more preparations, compounds, mixtures or substances
9 containing lysergic acid diethylamide and said [lysergic acid diethylam-
10 ide weighs five milligrams] preparations, compounds, mixtures or
11 substances are of an aggregate weight of one thousand five hundred
12 milligrams or more; or
13 10. one or more preparations, compounds, mixtures or substances
14 containing a hallucinogen and said [hallucinogen weighs one hundred
15 twenty-five milligrams] preparations, compounds, mixtures or substances
16 are of an aggregate weight of twenty-five grams or more; or
17 11. one or more preparations, compounds, mixtures or substances
18 containing a hallucinogenic substance and said [hallucinogenic substance
19 weighs five grams] preparations, compounds, mixtures or substances are
20 of an aggregate weight of fifteen grams or more; or
21 12. one or more preparations, compounds, mixtures or substances
22 containing a narcotic drug and said preparations, compounds, mixtures or
23 substances are of an aggregate weight of [one-half ounce] fourteen grams
24 or more; or
25 13. one or more preparations, compounds, mixtures or substances
26 containing phencyclidine and said [phencyclidine weighs one thousand two
27 hundred fifty milligrams] preparations, compounds, mixtures or
28 substances are of an aggregate weight of twelve and one-half grams or
29 more.
30 Criminal possession of a controlled substance in the third degree is a
31 class B felony.
32 § 4. Section 220.18 of the penal law, as amended by chapter 75 of the
33 laws of 1995, the opening paragraph and subdivision 1 as amended by
34 chapter 738 of the laws of 2004, is amended to read as follows:
35 § 220.18 Criminal possession of a controlled substance in the second
36 degree.
37 A person is guilty of criminal possession of a controlled substance in
38 the second degree when he or she knowingly and unlawfully possesses:
39 1. one or more preparations, compounds, mixtures or substances
40 containing a narcotic drug and said preparations, compounds, mixtures or
41 substances are of an aggregate weight of [four ounces] fifty-seven grams
42 or more; or
43 2. one or more preparations, compounds, mixtures or substances
44 containing methamphetamine, its salts, isomers or salts of isomers and
45 said preparations, compounds, mixtures or substances are of an aggregate
46 weight of [two ounces] fifty-seven grams or more; or
47 3. one or more preparations, compounds, mixtures or substances
48 containing a stimulant and said [stimulant weighs ten grams] prepara-
49 tions, compounds, mixtures or substances are of an aggregate weight of
50 twenty grams or more; or
51 4. one or more preparations, compounds, mixtures or substances
52 containing lysergic acid diethylamide and said [lysergic acid diethylam-
53 ide weighs twenty-five milligrams] preparations, compounds, mixtures or
54 substances are of an aggregate weight of seven and one-half grams or
55 more; or
S. 6456 162 A. 9556
1 5. one or more preparations, compounds, mixtures or substances
2 containing a hallucinogen and said [hallucinogen weighs six hundred
3 twenty-five milligrams] preparations, compounds, mixtures or substances
4 are of an aggregate weight of one hundred twenty-five grams or more; or
5 6. one or more preparations, compounds, mixtures or substances
6 containing a hallucinogenic substance and said [hallucinogenic substance
7 weighs twenty-five grams] preparations, compounds, mixtures or
8 substances are of an aggregate weight of seventy-five grams or more; or
9 7. one or more preparations, compounds, mixtures or substances
10 containing methadone and said [methadone weighs two thousand eight
11 hundred eighty milligrams] preparations, compounds, mixtures or
12 substances are of an aggregate weight of fifty-eight grams or more.
13 Criminal possession of a controlled substance in the second degree is
14 a class A-II felony.
15 § 5. Section 220.21 of the penal law, as amended by chapter 75 of the
16 laws of 1995, the opening paragraph and subdivision 1 as amended by
17 chapter 738 of the laws of 2004, is amended to read as follows:
18 § 220.21 Criminal possession of a controlled substance in the first
19 degree.
20 A person is guilty of criminal possession of a controlled substance in
21 the first degree when he or she knowingly and unlawfully possesses:
22 1. one or more preparations, compounds, mixtures or substances
23 containing a narcotic drug and said preparations, compounds, mixtures or
24 substances are of an aggregate weight of [eight ounces] one hundred
25 thirteen grams or more; or
26 2. one or more preparations, compounds, mixtures or substances
27 containing methadone and said [methadone weighs five thousand seven
28 hundred sixty milligrams] preparations, compounds, mixtures or
29 substances are of an aggregate weight of one hundred fifteen grams or
30 more.
31 Criminal possession of a controlled substance in the first degree is a
32 class A-I felony.
33 § 6. Section 220.34 of the penal law, as amended by chapter 280 of the
34 laws of 1986, subdivisions 2 and 4 as amended by chapter 75 of the laws
35 of 1995, subdivision 3 as amended by chapter 537 of the laws of 1998,
36 subdivision 6-a as added by chapter 635 of the laws of 1997, subdivision
37 7 as amended by chapter 289 of the laws of 1998 and subdivision 8 as
38 amended and subdivision 9 as added by chapter 264 of the laws of 2003,
39 is amended to read as follows:
40 § 220.34 Criminal sale of a controlled substance in the fourth degree.
41 A person is guilty of criminal sale of a controlled substance in the
42 fourth degree when he or she knowingly and unlawfully sells:
43 1. a narcotic preparation; or
44 2. one or more preparations, compounds, mixtures or substances
45 containing a dangerous depressant or a depressant and the [dangerous
46 depressant weighs ten ounces or more, or the depressant weighs two
47 pounds] preparations, compounds, mixtures or substances containing a
48 dangerous depressant are of an aggregate weight of two hundred eighty-
49 three grams or more, or said preparations, compounds, mixtures or
50 substances containing the depressant are of an aggregate weight of nine
51 hundred six grams or more; or
52 3. concentrated cannabis as defined in paragraph (a) of subdivision
53 four of section thirty-three hundred two of the public health law; or
54 4. one or more preparations, compounds, mixtures or substances
55 containing phencyclidine and [the phencyclidine weighs fifty milligrams]
S. 6456 163 A. 9556
1 said preparations, compounds, mixtures or substances are of an aggregate
2 weight of two and one-half grams or more; or
3 5. methadone; or
4 6. any amount of phencyclidine and has previously been convicted of an
5 offense defined in this article or the attempt or conspiracy to commit
6 any such offense; or
7 6-a. one or more preparations, compounds, mixtures or substances
8 containing ketamine and said [ketamine weighs four thousand milligrams]
9 preparations, compounds, mixtures or substances are of an aggregate
10 weight of four grams or more.
11 7. a controlled substance in violation of section 220.31 of this arti-
12 cle, when such sale takes place upon school grounds; or
13 8. a controlled substance in violation of section 220.31 of this arti-
14 cle, when such sale takes place upon the grounds of a child day care or
15 educational facility under circumstances evincing knowledge by the
16 defendant that such sale is taking place upon such grounds. As used in
17 this subdivision, the phrase "the grounds of a child day care or educa-
18 tional facility" shall have the same meaning as provided for in subdivi-
19 sion five of section 220.44 of this article. For the purposes of this
20 subdivision, a rebuttable presumption shall be established that a person
21 has knowledge that they are within the grounds of a child day care or
22 educational facility when notice is conspicuously posted of the presence
23 or proximity of such facility; or
24 9. one or more preparations, compounds, mixtures or substances
25 containing gamma hydroxybutyric acid, as defined in paragraph four of
26 subdivision (e) of schedule I of section thirty-three hundred six of the
27 public health law, and said preparations, compounds, mixtures or
28 substances are of an aggregate weight of twenty-eight grams or more.
29 Criminal sale of a controlled substance in the fourth degree is a
30 class C felony.
31 § 7. Section 220.39 of the penal law, as amended by chapter 1051 of
32 the laws of 1973, subdivisions 3, 4, 5, 6, 7, and 8 as amended by chap-
33 ter 75 of the laws of 1995, subdivision 9 as added and the closing para-
34 graph as amended by chapter 410 of the laws of 1979, is amended to read
35 as follows:
36 § 220.39 Criminal sale of a controlled substance in the third degree.
37 A person is guilty of criminal sale of a controlled substance in the
38 third degree when he or she knowingly and unlawfully sells:
39 1. a narcotic drug; or
40 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
41 acid diethylamide and has previously been convicted of an offense
42 defined in this article [two hundred twenty] or the attempt or conspira-
43 cy to commit any such offense; or
44 3. one or more preparations, compounds, mixtures or substances
45 containing a stimulant and the [stimulant weighs one gram] preparations,
46 compounds, mixtures or substances are of an aggregate weight of two
47 grams or more; or
48 4. one or more preparations, compounds, mixtures or substances
49 containing lysergic acid diethylamide and the [lysergic acid diethylam-
50 ide weighs one milligram] preparations, compounds, mixtures or
51 substances are of an aggregate weight of three hundred milligrams or
52 more; or
53 5. one or more preparations, compounds, mixtures or substances
54 containing a hallucinogen and the [hallucinogen weighs twenty-five
55 milligrams] preparations, compounds, mixtures or substances are of an
56 aggregate weight of five grams or more; or
S. 6456 164 A. 9556
1 6. one or more preparations, compounds, mixtures or substances
2 containing a hallucinogenic substance and the [hallucinogenic substance
3 weighs one gram] preparations, compounds, mixtures or substances are of
4 an aggregate weight of three grams or more; or
5 7. one or more preparations, compounds, mixtures or substances
6 containing methamphetamine, its salts, isomers or salts of isomers and
7 the preparations, compounds, mixtures or substances are of an aggregate
8 weight of [one-eighth ounce] three and one-half grams or more; or
9 8. one or more preparations, compounds, mixtures or substances
10 containing phencyclidine and the [phencyclidine weighs two hundred fifty
11 milligrams] preparations, compounds, mixtures or substances are of an
12 aggregate weight of two and one-half grams or more; or
13 9. a narcotic preparation to a person less than twenty-one years old.
14 Criminal sale of a controlled substance in the third degree is a class
15 B felony.
16 § 8. Section 220.41 of the penal law, as added by chapter 276 of the
17 laws of 1973 and subdivisions 1, 2, 3, 4, 5, 6 and 7 as amended by chap-
18 ter 75 of the law of 1995, is amended to read as follows:
19 § 220.41 Criminal sale of a controlled substance in the second degree.
20 A person is guilty of criminal sale of a controlled substance in the
21 second degree when he or she knowingly and unlawfully sells:
22 1. one or more preparations, compounds, mixtures or substances
23 containing a narcotic drug and the preparations, compounds, mixtures or
24 substances are of an aggregate weight of [one-half ounce] fourteen grams
25 or more; or
26 2. one or more preparations, compounds, mixtures or substances
27 containing methamphetamine, its salts, isomers or salts of isomers and
28 the preparations, compounds, mixtures or substances are of an aggregate
29 weight of [one-half ounce] fourteen grams or more; or
30 3. one or more preparations, compounds, mixtures or substances
31 containing a stimulant and the [stimulant weighs five grams] prepara-
32 tions, compounds, mixtures or substances are of an aggregate weight of
33 ten grams or more; or
34 4. one or more preparations, compounds, mixtures or substances
35 containing lysergic acid diethylamide and the [lysergic acid diethylam-
36 ide weighs five milligrams] preparations, compounds, mixtures or
37 substances are of an aggregate weight of one thousand five hundred
38 milligrams or more; or
39 5. one or more preparations, compounds, mixtures or substances
40 containing a hallucinogen and the [hallucinogen weighs one hundred twen-
41 ty-five milligrams] preparations, compounds, mixtures or substances are
42 of an aggregate weight of twenty-five grams or more; or
43 6. one or more preparations, compounds, mixtures or substances
44 containing a hallucinogenic substance and the [hallucinogenic substance
45 weighs five grams] preparations, compounds, mixtures or substances are
46 of an aggregate weight of fifteen grams or more; or
47 7. one or more preparations, compounds, mixtures or substances
48 containing methadone and the [methadone weighs three hundred sixty
49 milligrams] preparations, compounds, mixtures or substances are of an
50 aggregate weight of seven grams or more.
51 Criminal sale of a controlled substance in the second degree is a
52 class A-II felony.
53 § 9. Section 220.43 of the penal law, as amended by chapter 785 of the
54 laws of 1975 and subdivisions 1 and 2 as amended by chapter 75 of the
55 laws of 1995, is amended to read as follows:
56 § 220.43 Criminal sale of a controlled substance in the first degree.
S. 6456 165 A. 9556
1 A person is guilty of criminal sale of a controlled substance in the
2 first degree when he or she knowingly and unlawfully sells:
3 1. one or more preparations, compounds, mixtures or substances
4 containing a narcotic drug and the preparations, compounds, mixtures or
5 substances are of an aggregate weight of [two ounces] fifty-seven grams
6 or more; or
7 2. one or more preparations, compounds, mixtures or substances
8 containing methadone and [the methadone weighs two thousand eight
9 hundred eighty milligrams] said preparations, compounds, mixtures or
10 substances weighs fifty-eight grams or more.
11 Criminal sale of a controlled substance in the first degree is a class
12 A-I felony.
13 § 10. This act shall take effect immediately and shall be deemed to
14 have been in full force and effect on and after April 1, 2006.
15 PART Z
16 Section 1. Subdivision 1 of section 542 of the real property tax law,
17 as amended by chapter 610 of the laws of 1992 and paragraph b as amended
18 by chapter 237 of the laws of 1995, is amended to read as follows:
19 1. [a. Except as provided in paragraph b of this subdivision, state
20 lands subject to taxation shall be valued as if privately owned and
21 assessed by multiplying the value of the lands by the latest state
22 equalization rate established for the assessing unit or a special equal-
23 ization rate established in accordance with the provisions of paragraph
24 (a) of subdivision one of section twelve hundred twenty-two of this
25 chapter.
26 b. Where] Whenever an assessing unit implements a revaluation or
27 update on an assessment roll [completed on or after January first, nine-
28 teen hundred ninety-one], state lands subject to taxation in such
29 assessing unit shall be valued as if privately owned as of the valuation
30 date applicable to the revaluation or update and assessed at the same
31 uniform percentage of value as other taxable real property in the
32 assessing unit. In each year [subsequent to] in which a revaluation or
33 update is not implemented, state lands subject to taxation in such
34 assessing unit shall be valued as if privately owned and valued as of
35 the valuation date applicable to the [revaluation or update] assessment
36 roll in question and assessed at the same uniform percentage of value as
37 other taxable real property in the assessing unit, but the assessment
38 thereof shall not exceed the amount as entered on the assessment roll
39 finalized in either the year of the latest revaluation or update, or in
40 the year two thousand four, whichever is later, adjusted by any special
41 equalization rate established in accordance with the provisions of para-
42 graph (a) of subdivision one of section twelve hundred twenty-two of
43 this chapter.
44 § 2. Subdivision 27 of section 1901 of the real property tax law, as
45 renumbered by chapter 316 of the laws of 1992, is renumbered subdivision
46 28 and a new subdivision 27 is added to read as follows:
47 27. "Sizeable property" means one parcel on the base assessment roll,
48 or multiple parcels on the base assessment roll under common ownership,
49 where the following criteria are satisfied:
50 (a) the taxable assessed value of the parcel or parcels on the base
51 assessment roll represents at least five percent of the taxable assessed
52 value of the non-homestead class on such assessment roll;
53 (b) the taxable assessed value of the parcel or parcels on the base
54 assessment roll exceeds the taxable assessed value of the same parcel or
S. 6456 166 A. 9556
1 parcels on the immediately preceding assessment roll by five percent or
2 more;
3 (c) the state board has determined that exclusive of the parcel or
4 parcels, the change in level of assessment on the base assessment roll
5 does not exceed two percent; and
6 (d) a proceeding has been commenced pursuant to article seven of this
7 chapter to review the assessment of the parcel, or the assessments of
8 the majority of the parcels.
9 § 3. Subparagraph (iii) of paragraph (a) of subdivision 2 of section
10 1903 of the real property tax law, as added by chapter 355 of the laws
11 of 1990, is amended to read as follows:
12 (iii) For assessment rolls completed in nineteen hundred ninety-one
13 and thereafter, up to and including the assessment roll upon which the
14 base percentage will be computed pursuant to subdivision five of this
15 section, in each year following the first year in which this section
16 shall apply to an assessing unit which has adopted its provisions, the
17 governing body of such assessing unit shall adjust the homestead base
18 proportion and the non-homestead base proportion to reflect the addition
19 to the assessment roll of new property, additions to or improvements of
20 existing property or formerly exempt property or the full or partial
21 removal from the assessment roll of property by reason of fire, demoli-
22 tion, destruction or new exemption or any change in the class desig-
23 nation of any parcel of real property subsequent to the taxable status
24 date of the latest final assessment roll which has been finally adopted.
25 Where the base assessment roll contains a sizeable property, and judi-
26 cial review of the assessment or assessments thereof has not yet been
27 finally concluded, such governing body shall further adjust the home-
28 stead base proportion and the non-homestead base proportion by removing
29 the taxable assessed value of the sizeable property on the base assess-
30 ment roll from the calculations and replacing it with the taxable
31 assessed value of the sizeable property that appeared on the immediately
32 preceding roll. The base proportions so adjusted shall be known as the
33 homestead base proportion and the non-homestead base proportion.
34 § 4. Subdivision 2 of section 1903 of the real property tax law is
35 amended by adding a new paragraph (c) to read as follows:
36 (c) Where the base assessment roll contains a sizeable property, the
37 governing body shall notify the state board of the homestead base
38 proportion and non-homestead base proportion within five days of the
39 determination thereof. Such homestead base proportion and non-homestead
40 base proportion shall be subject to review and correction in the same
41 manner as is provided by paragraphs (f) and (g) of subdivision three of
42 this section in relation to adjusted homestead and non-homestead base
43 proportions.
44 § 5. Subdivision 3 of section 1 of chapter 163 of the laws of 2005,
45 relating to the allocation of payments received in lieu of taxes in
46 certain cases, is amended to read as follows:
47 3. In each year of any PILOT agreement entered into pursuant to subdi-
48 vision 1 of this section, the effective taxable assessed value of the
49 property subject to such agreement shall be added to, and become part
50 of, the non-homestead class for each such taxing jurisdiction utilizing
51 the provisions of article 19 of the real property tax law in such years,
52 provided that such payments shall be applied to reduce the share of
53 taxes to be allocated to the non-homestead class as defined therein. For
54 purposes of this section, the "effective taxable assessed value of the
55 property subject to such agreement" means the assessed value that, if
56 the property in question had been taxable, would have required a payment
S. 6456 167 A. 9556
1 of taxes for the year in an amount equal to the payment-in-lieu of taxes
2 required by the agreement for the year.
3 § 6. This act shall take effect immediately, provided that sections
4 two, three, four and five of this act shall be deemed to have been in
5 full force and effect on and after July 6, 2005 and shall apply to the
6 calculation of homestead base proportions and non-homestead base
7 proportions for purposes of levying taxes upon assessment rolls filed in
8 2006 and thereafter.
9 PART AA
10 Section 1. Subdivision 2-a of section 19-a of the public lands law, as
11 amended by section 2 of part B of chapter 63 of the laws of 2005, is
12 amended to read as follows:
13 2-a. (1) Notwithstanding any provision of this section to the contra-
14 ry, in addition to state aid otherwise payable pursuant to this section,
15 there shall be payable to any city located in a county in which there
16 has been constructed a state office building project in accordance with
17 the provisions of chapter one hundred fifty-two of the laws of nineteen
18 hundred sixty-four, as amended, and pursuant to an agreement entitled
19 the "South Mall contract" dated May eleventh, nineteen hundred sixty-
20 five, state aid in accordance with the following schedule:
21 State
22 Fiscal
23 Year Amount
24 2000-2001 $4,500,000
25 2001-2002 $4,500,000
26 2002-2003 $4,500,000
27 2003-2004 $9,850,000
28 2004-2005 $16,850,000
29 2005-2006 $22,850,000
30 2006-2007 [$16,850,000] $22,850,000
31 2007-2008 [$16,130,000] $22,850,000
32 2008-2009 [$15,410,000] $22,850,000
33 2009-2010 [$14,690,000] $22,850,000
34 2010-2011 [$13,970,000] $22,850,000
35 2011-2012 [$13,250,000] $15,000,000
36 2012-2013 [$12,530,000] $15,000,000
37 2013-2014 [$11,810,000] $15,000,000
38 2014-2015 [$11,090,000] $15,000,000
39 2015-2016 [$10,370,000] $15,000,000
40 2016-2017 [$9,650,000] $15,000,000
41 2017-2018 [$8,930,000] $15,000,000
42 2018-2019 [$8,210,000] $15,000,000
43 2019-2020 [$7,490,000] $15,000,000
44 2020-2021 [$6,770,000] $15,000,000
45 2021-2022 [$6,050,000] $15,000,000
46 2022-2023 [$5,330,000] $15,000,000
47 2023-2024 [$4,610,000] $15,000,000
48 2024-2025 [$3,890,000] $15,000,000
49 2025-2026 [$3,170,000] $15,000,000
50 2026-2027 [$2,450,000] $15,000,000
51 2027-2028 [$1,730,000] $15,000,000
52 2028-2029 [$1,010,000] $15,000,000
53 2029-2030 [$310,000] $15,000,000
S. 6456 168 A. 9556
1 2030-2031 $15,000,000
2 2031-2032 $15,000,000
3 2032-2033 $15,000,000
4 2033-2034 $15,000,000
5 2034-2035 $15,000,000
6 2035-2036 $15,000,000
7 2036-2037 $15,000,000
8 2037-2038 $15,000,000
9 2038-2039 $15,000,000
10 (2) The state aid payable to any such city pursuant to this subdivi-
11 sion shall be the sole and exclusive state aid payable pursuant to this
12 section to any such city with respect to the state-leased or state-owned
13 lands referenced in this subdivision. Any such city shall continue to be
14 eligible for the payment of state aid pursuant to the other provisions
15 of this section but not with respect to the state-leased or state-owned
16 lands referenced in this subdivision.
17 (3) State aid otherwise payable on account of the real property
18 described in this subdivision shall no longer be paid if title to such
19 real property is conveyed to a person or entity other than the state or
20 an agency of the state.
21 (4) The state aid payable under paragraph one of this subdivision
22 shall be payable upon application to the state comptroller by the chief
23 fiscal officer of a city which qualifies for aid pursuant to this subdi-
24 vision. The application shall be made on a form prescribed by such
25 comptroller and shall contain such information as such comptroller shall
26 require. Upon approval of the application and determination by such
27 comptroller of the amount of state aid payable under this subdivision,
28 such state aid shall be paid upon the warrant of such comptroller. Annu-
29 al payment shall be made to a qualified city not later than December
30 first in each year commencing with the year two thousand and ending
31 [with a final payment] in the year two thousand [twenty-nine] ten. Ther-
32 eafter, payment shall be made to a qualified city in two equal install-
33 ments, the first occurring no earlier than April first and no later than
34 May first, the second occurring no earlier than October first and no
35 later than November first. Such payments shall conclude in the year two
36 thousand thirty-eight. Provided however, that any such payment shall be
37 reduced by any amount necessary to meet eligible obligations of the
38 Albany convention center authority, as created by section twenty-six
39 hundred seventy-five-d of the public authorities law and as certified by
40 the chairperson of said authority, provided that such certification in
41 such form as the authority deems desirable, but including at a minimum
42 the exact amount of payment required to satisfy the authority's obli-
43 gations pursuant to section twenty-six hundred seventy-five-ii of the
44 public authorities law is delivered to the state comptroller no later
45 than March first and September first, respectively. The state comp-
46 troller, upon receipt of such certificate from the authority, shall
47 withhold from the qualified city state aid payable to such qualified
48 city, to the extent necessary to meet the required amount of payments
49 pursuant to such certificate. The state comptroller shall pay over to
50 the authority the amount so withheld on or before March fifteenth and
51 September fifteenth, respectively, and shall remit any remaining amount
52 of such installment payment to the qualified city, as otherwise provided
53 by this subdivision.
54 § 2. The public authorities law is amended by adding a new section
55 2675-ii to read as follows:
S. 6456 169 A. 9556
1 § 2675-ii. State aid revenues. 1. With respect to each issue of
2 outstanding hotel revenue bonds, the chairperson of the authority shall
3 certify at least semi-annually, or in the case of the first such certif-
4 icate within thirty days after the sale of an issue of hotel revenue
5 bonds, to the comptroller and the director of the budget, with a copy to
6 the mayor, a schedule setting forth the amount of state aid revenue
7 payable to the city pursuant to section nineteen-a of the public lands
8 law, if any, necessary for payment of any amounts required to be depos-
9 ited in any debt service reserve fund with respect to such hotel revenue
10 bonds to make up any deficiency in such fund in accordance with the
11 provisions of the resolution or indenture pursuant for which such hotel
12 revenue bonds were issued (all such payments, "eligible obligations").
13 2. The certification may be amended and, in the event of a bond sale,
14 shall be amended no later than thirty days after such sale. The schedule
15 accompanying such certification shall provide for such payment dates as
16 the authority deems appropriate to ensure that sufficient funds will be
17 available to meet its eligible obligations relating to such hotel reven-
18 ue bonds as they come due.
19 § 3. Subdivision 1 of section 2675-j of the public authorities law, as
20 amended by chapter 501 of the laws of 2004, is amended to read as
21 follows:
22 1. The authority shall have the power and is hereby authorized from
23 time to time, with the written approval of the mayor, to issue hotel
24 revenue bonds. The authority shall further have power from time to time
25 and whenever it deems refunding expedient, to refund any hotel revenue
26 bonds by the issuance of new hotel revenue bonds, whether the bonds to
27 be refunded have or have not matured, and may issue bonds partly to
28 refund bonds then outstanding and partly for any other purpose hereina-
29 bove described, provided that such refunding bonds must also have been
30 approved by the mayor. Hotel revenue bonds of the authority shall be
31 revenue obligations payable from and secured [solely] by hotel revenues
32 and state aid revenues, as defined pursuant to section twenty-six
33 hundred seventy-five-ii of this title, as the authority determines are
34 available therefor and upon such terms and conditions as specified by
35 the authority in the resolution under which the bonds are issued.
36 § 4. This act shall take effect immediately and shall be deemed to
37 have been in full force and effect on and after April 1, 2006.
38 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
39 sion, section or part of this act shall be adjudged by any court of
40 competent jurisdiction to be invalid, such judgment shall not affect,
41 impair, or invalidate the remainder thereof, but shall be confined in
42 its operation to the clause, sentence, paragraph, subdivision, section
43 or part thereof directly involved in the controversy in which such judg-
44 ment shall have been rendered. It is hereby declared to be the intent of
45 the legislature that this act would have been enacted even if such
46 invalid provisions had not been included herein.
47 § 3. This act shall take effect immediately provided, however, that
48 the applicable effective date of Parts A through AA of this act shall be
49 as specifically set forth in the last section of such Parts.
S. 6456 170 A. 9556
1 2006-2007 NEW YORK STATE EXECUTIVE BUDGET
2 PUBLIC PROTECTION AND GENERAL GOVERNMENT
3 ARTICLE VII LEGISLATION
4 CONTENTS
5 STARTING
6 PAGE
7 PART DESCRIPTION NUMBER
8 A Facilitate the merger and consolidation of local 5
9 governments.
10 B Create a permanent Aid and Incentives for Municipalities 17
11 (AIM) Program with increases in financial assistance,
12 fiscal performance requirements and enhanced Shared
13 Municipal Services Incentives (SMSI) Program.
14 C Authorize comprehensive mandate relief initiatives for 27
15 localities and authorize the indexing of interest on
16 court judgments to market rates.
17 D Establish a new State aid program for municipalities in 69
18 which a video lottery facility is created.
19 E Establish a State Task Force on Pension Reform. 70
20 F Authorize use of certain interest earnings to offset 71
21 costs of health insurance for public employees and
22 retirees.
23 G Authorize a targeted retirement incentive focused on 72
24 positions that can be eliminated through organizational
25 restructuring, streamlining, and shared services
26 efficiencies.
27 H Authorize cash transfers, temporary loans, and certain 82
28 bond caps; and provisions relating to general fiscal and
29 debt management issues.
30 I Establish an information technology project job title, 116
31 including a defined contribution retirement benefit,
32 effective for five years.
33 J Extend and amend the 1995 Procurement Stewardship Act. 118
34 K Amend State Liquor Authority fine amounts and authorize 126
35 confiscation of fraudulent ID's.
36 L Make permanent the Motor Fuel Marketing Practices Act 128
37 (MFMPA) and provide for certain investigative costs.
38 M Expand the use of funds deposited into the Criminal 129
39 Justice Improvement Account.
40 N Authorize use of law enforcement cameras at work zones 129
41 and dangerous stretches of highway.
42 O Exempt correctional facilities from the closure 137
43 notification process if they are recommended to be
44 closed and re-used for another purpose.
45 P Increase the Criminal History Search fee to support 137
46 local government agencies and not-for-profit providers
47 of legal services.
48 Q Extend for five years the authorization to fund part 137
49 of the State's public safety efforts with Motor
50 Vehicle Law enforcement fees.
51 R Authorize counties to impose various fees on 139
52 probationers.
53 S Eliminate the authorization for local conditional 142
S. 6456 171 A. 9556
1 release.
2 T Clarify the administration of the State and local 142
3 wireless surcharges and dedicate all State surcharge
4 revenues to public safety and security activities.
5 U Extend the applicability of a Patriot Plan provision 155
6 for temporary suspension of public retirement system
7 loan repayments for members on active military duty.
8 V Establish a new annual registration fee for the Public 155
9 Employment Relations Board (PERB) to be paid by public
10 employers and employee organizations.
11 W Authorize the use of sworn affidavits instead of live 156
12 testimony for the admission of business records into
13 evidence in grand jury proceedings.
14 X Authorize OGS to centrally purchase electricity and 156
15 other commodities and services for use by State
16 agencies, authorities and localities.
17 Y Permit a new standard using "aggregate weight" for lab 158
18 analysis of illegal drug evidence.
19 Z Contain taxes paid on State lands and prevent 165
20 inequitable assessments on State-owned lands.
21 AA Amend the schedule of PILOT payments to the City of 167
22 Albany for the Empire State Plaza.